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This Week in Markets and Democracy: Nike’s Bribes in Kenya, Elections in Benin and Niger, and Women’s Anticorruption Role

by Shannon K. O'Neil
A policeman is seen outside the gates of Riadha House the Athletic Kenya (AK) Headquarters during a protest in capital Nairobi November 23, 2015. Dozens of Kenyan athletes stormed the athletics federation headquarters in Nairobi on Monday, locking out officials and demanding that top Athletics Kenya (AK) bosses step down following allegations of graft and doping cover-ups (Reuters/Noor Khamis). A policeman is seen outside the gates of Riadha House the Athletic Kenya (AK) Headquarters during a protest in capital Nairobi November 23, 2015. Dozens of Kenyan athletes stormed the athletics federation headquarters in Nairobi on Monday, locking out officials and demanding that top Athletics Kenya (AK) bosses step down following allegations of graft and doping cover-ups (Reuters/Noor Khamis).

Nike Bribes, Will the United States Prosecute?
Bank records and emails show Nike paid a $500,000 “commitment bonus” to Kenya’s athletics federation, and hundreds of thousands more in “honoraria.” Though allegedly to support poor runners, Kenyan prosecutors say athletics officials quickly transferred the money to their personal bank accounts. Yet the United States cannot use the Foreign Corrupt Practices Act (FCPA) against the mega brand. The law only covers U.S. companies that bribe “foreign officials” and “public international organizations.” Sports associations are private, so outside the FCPA’s jurisdiction. In taking on FIFA, the U.S. Department of Justice (DOJ) worked around the FCPA, indicting foreign and U.S. officials for laundering money through U.S. banks, not bribery. The United States may need to do the same in the Nike case if it wants to follow up on President Obama’s pointed criticisms of Kenyan corruption with legal actions.

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Cleaning Up Global Supply Chains

by Shannon K. O'Neil
Workers are seen inside a Foxconn factory in the township of Longhua in the southern Guangdong province May 26, 2010. A spate of nine employee deaths at global contract electronics manufacturer Foxconn, Apple's main supplier of iPhones, has cast a spotlight on some of the harsher aspects of blue-collar life on the Chinese factory floor (Reuters/Bobby Yip). Workers are seen inside a Foxconn factory in the township of Longhua in the southern Guangdong province May 26, 2010. A spate of nine employee deaths at global contract electronics manufacturer Foxconn, Apple's main supplier of iPhones, has cast a spotlight on some of the harsher aspects of blue-collar life on the Chinese factory floor (Reuters/Bobby Yip).

The UK’s Modern Slavery Act now requires companies to report efforts to prevent human trafficking and slavery in the making of every part and every process of production, from headquarters down to individual suppliers along production chains. In the United States, the Dodd Frank Act’s disclosure rules for conflict minerals hold mining and technology companies to similar standards. But surveys and reports show companies still fail to monitor their suppliers, let alone prevent abuses.

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This Week in Markets and Democracy: Malaysia’s Corruption Probes, Ghost Workers, and Lax OECD Bribery Laws

by Shannon K. O'Neil
Malaysia's Prime Minister Najib Razak leaves parliament in Kuala Lumpur, Malaysia, January 26, 2016. Malaysia's attorney-general said on Tuesday that $681 million transferred into Prime Minister Najib Razak's personal bank account was a gift from the royal family in Saudi Arabia and there were no criminal offences or corruption involved (Reuters/Olivia Harris). Malaysia's Prime Minister Najib Razak leaves parliament in Kuala Lumpur, Malaysia, January 26, 2016. Malaysia's attorney-general said on Tuesday that $681 million transferred into Prime Minister Najib Razak's personal bank account was a gift from the royal family in Saudi Arabia and there were no criminal offences or corruption involved (Reuters/Olivia Harris).

International Investigations Take Over as Domestic Malaysian Justice Fails
New evidence shows that transfers from troubled state investment fund 1MDB into Malaysian Prime Minister Najib Razak’s personal bank accounts may top $1 billion—$300 million higher than previously thought. Yet Malaysian authorities continue to clear him of wrongdoing. The attorney general’s office ended its case, saying it found no evidence of graft, and Parliament is delaying a long-awaited investigatory report on the fund. The government has also shut down a Malaysian news site reporting on corruption and threatened harsh punishments for journalists who leak “official secrets”—a thinly-veiled warning to would-be whistleblowers. Less politically malleable are international authorities who continue to probe the cross-border case. Singapore recently seized a “large number” of related bank accounts. Criminal proceedings in Switzerland allege misappropriation of up to $4 billion in state money. And in the United States, the Department of Justice opened an inquiry into Najib’s U.S. real estate holdings and the Federal Bureau of Investigation (FBI) into the 1MDB case itself. Najib maintains the money was a political donation from an unnamed Saudi royal, a claim that conflicts with the growing financial paper trail.

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This Week in Markets and Democracy: Mexico’s Anticorruption Pressure, Ukraine’s Stalled Reforms, and U.S. Acts on Forced Labor

by Shannon K. O'Neil
Pope Francis (C), Mexico's President Enrique Pena Nieto (R) and his wife, Mexico's first lady Angelica Rivera stand together during a farewell ceremony in Ciudad Juarez, Mexico, February 17, 2016 (Reuters/Jose Luis Gonzalez). Pope Francis (C), Mexico's President Enrique Pena Nieto (R) and his wife, Mexico's first lady Angelica Rivera stand together during a farewell ceremony in Ciudad Juarez, Mexico, February 17, 2016 (Reuters/Jose Luis Gonzalez).

Pressure for Mexican Action on Corruption
During a five-day visit to Mexico, Pope Francis repeatedly denounced corruption, decrying the “path of privileges or benefits for a few to the detriment of the good of all.” His message coincides with a strong push by civil society groups to change the status quo. Many are monitoring Congress to ensure it meets a May deadline for secondary legislation to get the National Anticorruption System, signed last year by President Peña Nieto, working. Others are behind the Ley3de3 campaign, which would introduce legislation that defines official corruption and conflicts of interest, and increases the ability to prosecute and convict perpetrators. Coalescing around a social media campaign, active business involvement, academic backing, and even a nod from the pope, the movement needs 100,000 signatures; they hope to collect many times that. Then the question will be whether politicians will tie their own hands.

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This Week in Markets and Democracy: Egypt’s Backsliding, UK Transparency Setbacks, New Global Rankings

by Shannon K. O'Neil
Members of security forces keep watch in Tahrir Square before the fifth anniversary of the January 25 uprising, in Cairo, Egypt, January 24, 2016 (Reuters/Mohamed Abd El Ghany). Members of security forces keep watch in Tahrir Square before the fifth anniversary of the January 25 uprising, in Cairo, Egypt, January 24, 2016 (Reuters/Mohamed Abd El Ghany).

United States Undeterred by Egypt’s Democratic Backsliding
Five years after its revolution, Egypt is no closer to democracy. President Abdel Fattah al-Sisi’s government routinely arrests political and social media activists, and has detained tens of thousands of people, many held for months without charges. Raids on news outlets and a law prohibiting journalists from contradicting official government information undermine freedom of expression. Every opposition party boycotted fall 2015 legislative elections and less than a third of the population turned out to vote. Still, the United States seems to be choosing stability over political freedoms. President Obama restored $1.3 billion in annual military assistance cut after Sisi overthrew former president Mohamed Morsi in 2013. And Central Intelligence Agency (CIA) Director John Brennan recently visited Cairo to boost security and counterterrorism cooperation, congratulating Sisi on inaugurating a new parliament.

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This Week in Markets and Democracy: Modi’s Reform Agenda, the WTO, and 2015 UN Development Report

by Shannon K. O'Neil
A labourer pushes a handcart loaded with sacks containing tea packets, towards a supply truck at a wholesale market in Kolkata, India, June 26, 2015. For years Indian businesses have lobbied for a nationwide sales tax, hoping to replace a chaotic structure that inflates costs and halts their trucks at state borders for duty payments, and to unify the country into one of the world's largest single markets. But after political compromises that finally got a goods and services tax (GST) bill before parliament, they have turned wary (Reuters/De Chowdhuri). A labourer pushes a handcart loaded with sacks containing tea packets, towards a supply truck at a wholesale market in Kolkata, India, June 26, 2015. For years Indian businesses have lobbied for a nationwide sales tax, hoping to replace a chaotic structure that inflates costs and halts their trucks at state borders for duty payments, and to unify the country into one of the world's largest single markets. But after political compromises that finally got a goods and services tax (GST) bill before parliament, they have turned wary (Reuters/De Chowdhuri).

Modi’s Reforms at Odds
A senior official in Indian Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP) is pushing a corruption probe that threatens to derail his own party’s Goods and Services Tax (GST). A linchpin of Modi’s economic platform, the reform would replace numerous local and state taxes with a single nation-wide tax. The government expects GST to boost government revenue, attract foreign investment, and add up to two percent to GDP. With the corruption case’s targets—opposition Congress Party leaders Sonia and Rahul Gandhi—denouncing the investigation as politically motivated, the fallout will likely halt Modi’s tax reform in India’s opposition-led upper house. As the Gandhi case advances, the GST may not, putting Modi’s ambitious pro-business and anticorruption agendas at odds.

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This Week in Markets and Democracy: International Anticorruption Day, Corruption in Ukraine, and Elections in Venezuela

by Shannon K. O'Neil
Lilian Tintori (centre L), wife of jailed Venezuelan opposition leader Leopoldo Lopez, celebrates next to candidates of the Venezuelan coalition of opposition parties (MUD) during a news conference on the election in Caracas early December 7, 2015. Venezuela's opposition won control of the legislature from the ruling Socialists for the first time in 16 years on Sunday, giving them a long-sought platform to challenge President Nicolas Maduro (Reuters/Carlos Garcia Rawlins). Lilian Tintori (centre L), wife of jailed Venezuelan opposition leader Leopoldo Lopez, celebrates next to candidates of the Venezuelan coalition of opposition parties (MUD) during a news conference on the election in Caracas early December 7, 2015. Venezuela's opposition won control of the legislature from the ruling Socialists for the first time in 16 years on Sunday, giving them a long-sought platform to challenge President Nicolas Maduro (Reuters/Carlos Garcia Rawlins).

International Anticorruption Day
December 9 marked the United Nations’ thirteenth annual International Anticorruption Day, offering a chance to reflect on global anticorruption efforts this year—from successful antigraft cases to ongoing challenges fighting high-level theft. In commemoration, here’s what we’ve been reading:

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This Week in Markets and Democracy: G20 and APEC Summits

by Shannon K. O'Neil
Members of the Group of 20 (G20) wave during the traditional family photo at the G20 leaders summit in the Mediterranean resort city of Antalya, Turkey, November 15, 2015. (Reuters/Aykut Unlupinar) Members of the Group of 20 (G20) wave during the traditional family photo at the G20 leaders summit in the Mediterranean resort city of Antalya, Turkey, November 15, 2015. (Reuters/Aykut Unlupinar)

CFR’s Civil Society, Markets, and Democracy (CSMD) Program highlights noteworthy events and articles each Friday in “This Week in Markets and Democracy.” 

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Five Questions with Elmira Bayrasli

by Guest Blogger for Shannon K. O'Neil
Software developers work on computer sytems at the Information Technology Developers Entrepreneurship Accelerator (iDEA) hub in the Yaba district in Lagos June 25, 2015. At first glance, Yaba is like many other parts of Nigeria's sprawling commercial capital: a cacophony of car horns and shouting street vendors, mingling with exhaust fumes and the occasional stench of sewage. But in between the run-down buildings in this seemingly inauspicious part of Lagos, a city of around 21 million, tech start-ups are taking root and creating a buzz that is drawing international venture capitalists and more established digital firms. (Reuters/Akinleye) Software developers work on computer sytems at the Information Technology Developers Entrepreneurship Accelerator (iDEA) hub in the Yaba district in Lagos June 25, 2015. At first glance, Yaba is like many other parts of Nigeria's sprawling commercial capital: a cacophony of car horns and shouting street vendors, mingling with exhaust fumes and the occasional stench of sewage. But in between the run-down buildings in this seemingly inauspicious part of Lagos, a city of around 21 million, tech start-ups are taking root and creating a buzz that is drawing international venture capitalists and more established digital firms. (Reuters/Akinleye)

Emerging Voices highlights new research, thinking, and approaches to development challenges from contributing scholars and practitioners. This post features Elmira Bayrasli, the co-founder of Foreign Policy Interrupted and a lecturer at New York University.

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This Week in Markets in Democracy: Election in India, Kenyan Corruption, End of BRICS

by Shannon K. O'Neil
Supporters of Janata Dal (United) celebrate after learning the initial results outside the party office in New Delhi, India, November 8, 2015. Prime Minister Narendra Modi was heading for a heavy defeat on Sunday in a key election in India's third most populous state Bihar, signalling the waning power of a leader who until recently had an unrivalled reputation as a vote winner. Modi's second straight state election setback will galvanise opposition parties, embolden rivals in his own party and diminish his standing with foreign leaders amid concern he may not win a second term as prime minister (Reuters/Anindito Mukherjee). Supporters of Janata Dal (United) celebrate after learning the initial results outside the party office in New Delhi, India, November 8, 2015. Prime Minister Narendra Modi was heading for a heavy defeat on Sunday in a key election in India's third most populous state Bihar, signalling the waning power of a leader who until recently had an unrivalled reputation as a vote winner. Modi's second straight state election setback will galvanise opposition parties, embolden rivals in his own party and diminish his standing with foreign leaders amid concern he may not win a second term as prime minister (Reuters/Anindito Mukherjee).

CFR’s Civil Society, Markets, and Democracy (CSMD) Program highlights noteworthy events and articles each Friday in “This Week in Markets and Democracy.” 

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