Accountability of First Ladies 2014

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ACCOUNTABILITY OF FIRST LADIES

QUERY Please provide us with examples of countries where the first lady was involved in corruption and abuse of power and existing mechanisms to hold the first lady to account.

PURPOSE We are preparing for a response in light of developments in our country.

CONTENT 1. Accountability and role of first ladies 2. Corruption cases involving first ladies 3. References CAVEAT This Helpdesk answer was prepared in a short amount of time and could only find few relevant studies. \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ Author(s) Samira Lindner, Transparency International, [email protected] Reviewer(s) Marie Chêne, Transparency International Date 26 March 2014

SUMMARY The role of first ladies has evolved immensely over the last few decades. While originally taking a more passive role, in recent years first ladies have become more active in political life. However this has also been met with criticism. In particular, as first ladies often do not hold an official office, the involvement of first ladies in political affairs has been criticised as lacking accountability. In turn, this lack of accountability can be abused for private gain – which, in some cases, it has been. The corruption cases listed here provide an illustrative overview of how first ladies can take advantage of their privileged role. The literature on the subject remains limited and is inconclusive. Determining the fixed role of first ladies is debated. While some have argued for less of a policymaking role for first ladies in order to avoid perceptions and risks of nepotism and conflict of interest, others argue that a strong (or stronger role) is the best way forward, provided that the right accountability structures are in place as for other office-holders.


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1 ACCOUNTABILITY AND ROLE OF

FIRST LADIES Due to their marital status, first ladies have always naturally had a close proximity to the head of state.

However, the role of first ladies has greatly evolved

over the course of the last few decades. The more passive traditional role has changed in many

countries into one in which the first lady is involved in a more visible capacity related to presidential policymaking. This growing role was particularly

visible in the USA in the 1990s with First Lady Hillary Rodham Clinton. Since then, many other first ladies have also taken on a more assertive role in politics

and helped to shape policymaking.

The topic of accountability of first ladies remains one

that has not yet been well-explored. Within the limited literature, the role of first ladies is one that is debated. Some argue that as first ladies are not

democratically elected, cannot be dismissed, and are usually free from the usual constraints that are

enforced on office-holders (such as conflict of interest

regulations, revolving door restrictions, etc.) the power of this position could easily be abused. Indeed, there have been some cases in which first

ladies have engaged in corrupt activities, aided by

the advantages of their position.

Some authors have referred to the emergence of strong first ladies in many African countries as the “First Lady Phenomenon”. While it can be said that

the emergence of strong first ladies can create opportunities for agency among female political actors and places women in the public eye, the

phenomenon is also associated with many negative tendencies (Ibrahim 2005). In particular, some first

ladies have used their privileged position for self-

enrichment rather than for the furthering the interests of women (Ibrahim 2005). The case of Hillary Rodham Clinton Studies on the role of First Lady Hillary Rodham Clinton in the 1990s provide an interesting look into the evolving role of first ladies in the USA and the

lack of clarity on their legal status, role and accountability.

Borelli (2002) explains that the difficulty arises from the fact that legislative involvement in executive

consultations and staffing raises questions about the

proper separation of powers. In other words, it could potentially undermine the independence of the executive. As the first lady and president are married,

legislating on the first lady’s role also raises privacy

concerns. However, first ladies and presidents are also public figures and some have suggested that the

marital relationship may give first ladies undue influence.

There are three laws in the US relevant to the first lady’s position. However, these are at times contradictory and provide only limited guidance

(Borelli 2002). The anti-nepotism law in the US prohibits nepotism in the executive branch

employment, appointments and promotions. The anti-

deficiency act bans all voluntary governmental service. Therefore a first lady in the US could not be paid to work in the executive branch and she could

not volunteer. But two loopholes discovered by the

Office of Legal Counsel enables the first lady to be a legal volunteer within the executive branch as an

advisor to the president (Borelli 2002). But this has also been contested by other interpretations of the law (Borelli 2002).

Despite these debates, first ladies in the USA have not been discouraged from becoming involved in

presidential policymaking processes. But it has raised questions about the accountability of the first

lady.

First Lady Clinton was seen by some to be going beyond the traditional role of first ladies by managing a 500-member task force organisation engaged in formulating a health care policy. As this task force was meeting behind closed doors (which is only allowed when they are wholly composed of full-time government employees) some observers became concerned about this secrecy (Los Angeles Times 1993). The Clinton administration was therefore sued by interest groups claiming that since First Lady Clinton is not a government employee the meetings of her health care reform task force must be open to the public. The government, on the other hand, held that the first lady is a de facto federal employee and that she must be granted the same immunity as her


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role parallels that of any other executive branch official (Patel 1998). The district court held that First Lady Clinton did not meet the statutory definition of a federal officer or employee and that the meetings must be made public (Patel 1998). On appeal, however, the court took a different approach. It argued that congress itself had recognised that the president’s spouse acts as the functional equivalent of an assistant to the president (Patel 1998). It decided therefore that the presidential spouse as a de facto official position, but not de juro, and that she participates in situations that need to remain confidential from the public (Patel 1998). However, some have raised concerns that by ruling the first lady to be a de facto government employee, this could potentially be breaking anti-nepotism laws. Moreover, around the time of the litigation procedures, it also became known that Hillary Clinton held shares in a mutual fund which had invested money in health care company stocks (Bowling Green Daily News 1993). If she were a paid employee, ethics regulations might force her to get rid of any holdings that would pose a conflict of interest. But as First Lady Clinton was unpaid in her role, it was not taken any further by the Office of Government Ethics (Bowling Green Daily News 1993). The applicability of federal criminal conflict of interest statues, the extent to which the first lady is protected by executive privilege, and her susceptibility to civil suit as a policy advisor have yet to be established. At the time this ambiguity left First Lady Clinton vulnerable to litigation (Patel 1998). One author notes that there have always been stringent checks on the formal and informal power of the first ladies over the course of the years, in particular through congress (Borelli 2002). The author concludes therefore that governmental institutions are in no danger. Rather, the author argues that if first ladies choose the political strategy of being purely informal presidential advisors and stripping themselves of their opportunities, they will cede their careers to their husbands, endorse inequality and encourage political alienation. By avoiding popular scrutiny, they will therefore refute accountability (Borelli 2002).

Nigeria While women in Nigeria only played a marginal role in Nigeria’s public life for decades, the public profile of first ladies changed significantly in 1983 with First Lady Maryam Babangida. According to observers, she often behaved as the co-president of the country (Ibrahim 2005). Setting the precedent as a visible and assertive public figure, the subsequent first ladies followed in a similar way. However, there have also been allegations of self-enrichment and abuse of power (Ibrahim 2005). The current first lady, Dame Patience Goodluck Jonathan has also caused much debate in the country. In 2012 she was promoted to the office of Permanent Secretary in the civil service in the Bayelsa State government (This Day Live 2012). She responded to criticisms of nepotism by saying that the first lady deserves and reserves the right to pursue her career (This Day Live 2012). The first lady had been criticised by the Governor of Rivers State for her political activity in light of the fact that the office of the first lady is not stated in the constitution (This Day Live 2012). She has therefore asked for an amendment to the constitution that would include the role of first ladies in order to also provide them with retirement benefits (Rythm 2012)

Cote d’Ivoire The former first lady of Cote d'Ivoire, Simone Ggagbo was the first woman to be indicted by the International Criminal Court (ICC). Observers argued that this was a rare example of someone outside the formal hierarchies of power being held responsible for a government's actions (The Atlantic 2012). She is alleged to have been involved in the post-election violence, asserting that she was personally responsible for crimes against humanity. She and her husband have also been suspected of looting the public treasury (The Guardian 2011). The ICC was established to hold accountable those "most responsible" for international crimes (The Atlantic 2012). In many cases, those most responsible are military commanders, heads of state, or other government officials. Simone Gbagbo held no official position in government but was nonetheless seen as part of the president’s inner circle and a participant in all the meetings during the relevant period.


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Guatemala The case of Guatamala highlights the political restrictions placed on first ladies to prevent nepotism. In August 2011, Guatamala’s highest court ruled that Sandra Torres, the former wife of Guatemalan President Alvaro Colom, was ineligible to try to succeed him in the country’s elections (Voices against Corruption 2011). According to the author, Colom and Torres divorced in the spring of 2011 to get around a constitutional ban on a president's close relatives running for the office. Colom is prohibited by law from seeking another term in office. Guatemala's constitutional court ruled that Torres is ineligible because she was married to Colom during nearly all of his four-year term, and therefore their divorce came too late.

3 CORRUPTION CASES INVOLVING

FIRST LADIES There have been a number of corruption cases involving first ladies over the past few decades. Below is a selection. Brazil In May 2000, the wife of former Brazilian president Fernando Collor de Mello was convicted of corruption and sentenced to 11 years and 4 months in jail (BBC 2000). Rosane Collor was found guilty of diverting hundreds of thousands of dollars from a charity she headed when her husband was president. Prosecutors say she profited from a scheme in which large quantities of powdered milk were bought for the charity at more than 40% above market prices (BBC 2000).

Egypt Following the political turmoil in Egypt, a number of corruption cases were brought forth involving the Egyptian political elite. Some of these also concerned the former first lady Suzanne Thabet Mubarak, wife of ousted president Hosni Mubarak. In June 2011, public prosecutors ordered the public funds prosecution to investigate the former first lady. According to the plaintiff who filed the complaint to the public prosecutor’s office, the former first lady ordered the former minister of housing and urban

communities to assign all projects to people related to her (Ahram Online 2011). Former first lady Suzanne Thabet was interrogated in Sharm El Sheikh by the illicit gains authority and was released after handing over assets to the state. She is is also facing charges of misappropriation public funds and abusing public office positions.

Ethiopia A number of corruption allegations surround the former frist lady Azeb Mesfin, widow of Ethiopia’s deceased dictator Meles Zenawi. It is alleged that Zenawi amassed a massive personal fortunate while in office (Ayyaantuu 2013). Companies held by the Endownment Fund for the Rehabilitation of Tigray (EFFORT) account for half of the country’s economy and are allegedly closely allied with the Ethiopian People’s Revolutionary Democratic Front (EPDRF) (ECADF 2013). The corrupt conglomerate EFFORT has been widely criticized to have multi-million dollar loans from state banks written off and for engaging in tax evasion by enjoying “nonprofit” status as an endowment (ECADF 2013). It is alleged that for years EFFORT, under the management of Azeb Mesfin, has been used by the lead party in the EPDRF to channel public resources and funds into the coffers of the party through illegal deals, contracts, tax evasion, and kick-backs (Ayyaantuu 2013).

Philippines The dictatorial regime of Ferdinand Marcos and his wife, Imelda Marcos, faced numerous corruption charges in the 1990s. In September 1993, Imelda Marcos was found guilty of corruption by a Philippine court and sentenced to 18 to 24 years in prison (The New York Times 1993). She was set free on bail and she filed an appeal. Mrs. Marcos and a former Transporation Minister were accused of entering into three "unfavorable" lease contracts between a Government-run transportation agency and a public hospital (The New York Times 1993). This was only one of around 100 cases involving US$350 million allegedly held by the Marcos family in banks in Switzerland. The Swiss federal tribunal had ruled in December 1990 that the money would only be returned to national government in Manila if a Philippine court convicted Imelda in a fair trial (The New York Times 1993).


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4 REFERENCES Ahram Online. 2011. “Egypt’s former first lady faces new

corruption charges.”

http://english.ahram.org.eg/NewsContent/1/64/15359/Egypt

/Politics-/Egypts-former-first-lady-faces-new-corruption-

char.aspx

The Atlantic. 2012. “A Wife Accused of War Crimes: The

Unprecedented Case of Simone Ggagbo.”

http://www.theatlantic.com/international/archive/2012/12/a-

wife-accused-of-war-crimes-the-unprecedented-case-of-

simone-gbagbo/265828/

Ayyaantuu. 2013. “Updated: Azeb Mesfin arrest imminent.”

http://ayyaantuu.com/horn-of-africa-news/ethiopia/azeb-

mesfin-arrest-imminent/

BBC. 2000. “Brazil’s ex-first lady convicted.”

http://news.bbc.co.uk/2/hi/americas/736755.stm

Borrelli, M.A. 2002. “The First Lady as Formal Advisor to

the President: When East (Wing) Meets West (Wing).”

http://digitalcommons.conncoll.edu/cgi/viewcontent.cgi?arti

cle=1003&context=govfacpub

Bowling Green Daily News. 1993. “Mrs. Clinton holds stake

in a fund that invested heavily in health stocks.”

http://news.google.com/newspapers?nid=1696&dat=19930

519&id=Uu8aAAAAIBAJ&sjid=n0cEAAAAIBAJ&pg=4696,4

000398

ECADF. 2013. “Azeb Mesfin lost TPLF’s cash cow.”

http://ecadforum.com/2013/08/17/azeb-mesfin-lost-tplfs-

cash-cow/

The Guardian. 2011. “Ousted president Laurent Ggagbo

charged in Ivory Coast.”

http://www.theguardian.com/world/2011/aug/19/ivory-coast-

charges-laurent-gbagbo

Ibrahim, J. 2005. “The First Lady Syndrome and the

Marginalisation of Women from Power: Opportunities or

Compromises for Gender Equality?”

http://agi.ac.za/sites/agi.ac.za/files/fa_3_feature_article_3.p

df

Los Angeles Times. 1993. “A Powerful First Lady? Surely,

That’s Not Allowed.”

http://articles.latimes.com/1993-03-14/opinion/op-

646_1_hillary-clinton

Patel, T.N. 1998. “First Lady, Last Rights? Extending

Executive Immunity to the First Lady.” Hastings

Constitutional Law Quarterly. Vol. 25.

http://www.hastingsconlawquarterly.org/archives/V25/I4/Pat

el.pdf

Rhythm. 2012. “Patience Jonathan wants Presidents’

Wives Roles Included in the Constitution.”

http://rhythm937.com/news/patience-jonathan-wants-

presidents-wives-roles-included-constitution

This Day Live. 2012. “My Promotion Was Deserved, Says

Patience Jonathan.”

http://www.thisdaylive.com/articles/my-promotion-was-

deserved-says-patience-jonathan/120464/

Voiced against Corruption. 2011. “Guatemala upholds ban

on ex-first lady’s presidential bid”

http://voices-against-

corruption.ning.com/profiles/blogs/guatemala-upholds-ban-

on-ex-first-lady-s-presidential-bid

“Anti-Corruption Helpdesk Answers provide practitioners around the world with rapid on-demand briefings on corruption. Drawing on publicly available information, the briefings present an overview of a particular issue and do not necessarily reflect Transparency International’s official position.”

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Accountability of First Ladies 2014