28
COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public Procurement Regulation Research Unit & Research Fellow, Stellenbosch University, South Africa. Senior Lecturer in Law, University of Lagos, Nigeria. [email protected]

COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

Embed Size (px)

Citation preview

Page 1: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

COLLECTIVE ACTION AGAINST CORRUPTION

4TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE

2 DECEMBER 2014

Dr. Sope Williams-ElegbeDeputy Director, African Public Procurement Regulation Research Unit & Research Fellow,

Stellenbosch University, South Africa.Senior Lecturer in Law, University of Lagos, Nigeria.

[email protected]

Page 2: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

OVERVIEW OF PRESENTATION

IntroductionThe Scale of the ProblemWhat is Collective Action?Why Collective Action?What Should Collective Action Achieve?Examples of Collective Action in ActionHow do we Implement in the Caribbean?What will the Future Look Like With Collective Action?

Conclusion 2

Page 3: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

1960s

1990s

Scholarly study of

corruption

Most work consisted of single –

case studies

Linkage between

corruption, GDP &

Investment

1995

Corruption

perceptions index

created & other

indicators

INTRODUCTION

19992000s

Collective action (UNGC)

Page 4: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

THE SCALE OF THE PROBLEM (1)

There have been different causes attributed to the low level of economic development in the Caribbean

These include:Dependency theory; Cultural and social history; Unfair world trading system;Political and other forms of corruption;Underdeveloped democracies;The absence of adherence to the rule of lawThe effects of the illegal trade in drugs

4

Page 5: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

Country 2013 Rank

2012 Rank GDI per capita 2013 Classification

Barbados 15 15 $15, 080 (2012) High income

Bahamas 22 22 $20,600 (2012) High income

St Lucia 22 22 $7,090 Upper middle income

Puerto Rico 33 33 $19, 210 High income

St Vincent & The Grenadines

33 36 $6,580 Upper middle income

Dominica 41 41 $6,760 Upper middle income

Cuba 63 58 $5,890 Upper middle income

Jamaica 83 83 $5,220 Upper middle income

Trinidad 83 80 $15,760 High income

Suriname 94 88 $9,260 Upper middle income

Dominican Republic

123 118 $5,620 Upper middle income

Guyana 136 NA $3,750 Low middle income

Haiti 163 165 $810 Low income

5

THE SCALE OF THE PROBLEM: CORRUPTION PERCEPTIONS INDEX

Page 6: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

Country 2013 Rank

2012 Rank GDI per capita 2013 Classification

St Kitts NA NA $13, 460 High income

Antigua NA NA $12, 910 High income

Belize NA NA $4,660 Upper middle income

Grenada NA NA $7,460 Upper middle income

Montserrat

NA NA NA NA

5

THE SCALE OF THE PROBLEM: CORRUPTION PERCEPTIONS INDEX

Low income is $1,045 or lessMiddle income is $1,045 to $12,746Lower-middle income is $1,045 to $4,125Upper middle income is $4125 to $12,746High income is above $12,746.

Page 7: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

WHAT IS COLLECTIVE ACTION? (1)

According to Olson (1965): it is any action which provides a collective good. Does not exclude individual actions but focuses on collective behaviour.

• Olson felt collective action was irrational and the tendency is to free-ride so incentives are required.

It modern times it is a strategic approach which mobilises the private sector to fight corruption

Theory has been criticised and issue is whether self-interested persons can make a difference in providing a collective good• The answer is YES!

Page 8: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

WHAT IS COLLECTIVE ACTION? (2)

Collective action is a coordinated sustained process of cooperation amongst private firms and other stakeholders. It amplifies the impact of company efforts, brings vulnerable and individual players into a supportive alliance and levels the playing field.

~ World Bank Institute

Page 9: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

WHAT IS COLLECTIVE ACTION? (3)

9

COMMON OBJECTIVE

RESULTS AND OUTCOMES

Ind

ivid

ual

ch

oic

es

Colle

ctiv

e

acto

rs

Colle

ctiv

e

decis

ion

s

Page 10: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

WHAT IS COLLECTIVE ACTION? (4)

10

Conscious, Voluntary, Active, Lasting

Credible leadershi

p

Compelling focus

Incentives for

participation

Alliances & Coalition building

Sustainable

Page 11: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

WHY DO WE NEED COLLECTIVE ACTION?

• Research (Persson 2012) shows that anti-corruption measures can’t be left to public sector

• The principal-agent paradigm is faulty

• Corruption is a collective problem and requires a collective effort

• Corruption is an institutional problem and the underlying institutional framework must be addressed

• If supply stops- this will affect demand

• Businesses and civil society have a compelling incentive to reduce corruption

Page 12: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

WHAT SHOULD COLLECTIVE ACTION ACHIEVE?

Acceptance

Engagement

Change behavior

Page 13: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

HOW DOES COLLECTIVE ACTION WORK?

Define message

Create awareness

Build coalition/tract

ion

Celebrate change

Enforcement

Page 14: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

HOW DOES COLECTIVE ACTION WORK (2)

Collective action External Internal

Page 15: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

TYPES OF COLLECTIVE ACTION MEASURES

Enrollment Mobilization

Education/advocacy

Transaction specific pacts

Page 16: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

COLLECTIVE ACTION IN ACTION: UNGC

Aim: To get businesses involved in work of UN. Launched 2000

Method: Enrollment program & awareness building

Outcome: 12,000 participants in 145 countries. Largest voluntary initiative

Page 17: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

COLLECTIVE ACTION IN ACTION: NIGERIA

Convention on Business Integrity

(Enrollment)

Corporate Governance

Rating System(Enrollment)

Enough is Enough

(Mobilization)

Generational Voices

(Mobilization)

BudgIT(Data &

Information)

Page 18: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

COLLECTIVE ACTION IN ACTION: THAILAND

Aim: To get businesses committed to ethical conduct and fighting corruption. Champion – IOD. Launched 2010

Method: Enrollment- Signature to Collective action declaration & company measures . Evaluation

Outcome: 325 companies; 25% of listed companies, 50% of market capitalization, 20% of GDP

Page 19: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

COLLECTIVE ACTION IN ACTION: RUSSIA

Aim: Reduce barriers to business for SMEs. Corruption noted as biggest barrier.

Method: Mobilization: 225 coalitions of SMEs created. Coalitions developed regional agendas for reform.

Outcome: 138 legislative changes on corruption, taxation, administration etc. coalitions dialogue with public sector and share information.

Page 20: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

HOW DO WE IMPLEMENT IN THE CARIBBEAN?

• Build a coalition of businesses genuinely tired of the status quo.

• Who will lead this?

• Three-pronged approach may be necessary:

1. Enrollment- a commitment to internal ethics

2. Mobilization and advocacy

3. Information sharing and training

Page 21: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

IF NOT NOW, WHEN?IF NOT YOU, WHO?

Page 22: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

HOW DO WE ENSURE IT IS SUSTAINABLE?

What is the goal?

Organization to

manage the

initiative

How will it be

funded ?

Page 23: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

WHAT WILL THE FUTURE LOOK LIKE WITH COLLECTIVE ACTION

23

GOOD GOVERNANCE

Economic developm

ent

Increased trade &

investment

Better service delivery

Rule of law

Improved HDI

Democratic

stability

Stronger institutio

ns

Page 24: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

CHALLENGES TO COLLECTIVE ACTION

24

Is it a priority?

Funding

Which model works best?

Critical mass/defaulters

Leadership & Ownership. Who will champion?

Page 25: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

SOME LESSONS FROM OTHER JURISDICTIONS

25

Top-Down

Approach

i.e. through the largest business

association/chamber of commerce

Bottom-Up

Approach

i.e. through smaller city

based orgsnisation

s

Collaborative Engagement

Support from all sectors

Enhance Capacity

Transparent advocacy

Page 26: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

CONCLUSION

Collective action against corruption is necessary and it works

It increases the impact of action, is sustainable and

scalable

Good for reputation and business

Assists in operational implementation of ethics

Addresses institutional weaknesses and behavior

Page 27: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public
Page 28: COLLECTIVE ACTION AGAINST CORRUPTION 4 TH CARIBBEAN PUBLIC PROCUREMENT CONFERENCE 2 DECEMBER 2014 Dr. Sope Williams-Elegbe Deputy Director, African Public

THANK YOU

Dr. Sope Williams-Elegbe

[email protected]