What’s happened to the Pandora papers?
Sometime last week, I was amid a group of friends when the argument about the Pandora papers suddenly came up. In brief, the key questions raised were how come no one is talking about the Pandora papers again? What has happened to the investigations, and how come the story has now been relegated to the back seat within the media space? Although, we didn’t have enough time to debate the issues, I promised that I would be sharing my thoughts on this blog. So, I hope they are reading.
We can all agree that for many years, the issues of financial delinquencies and malfeasants have remained one of the major problems facing many societies. We have seen situations where Kleptocratic rulers and their associates loot and siphon state resources, and then stack them up in secret havens. Some of these Kleptocrats prefer to collect luxury Italian wines and French arts with their ill-gotten wealth, while others prefer to purchase luxury properties and 5-star apartments in Dubai, London and elsewhere. We find military generals participating in financial black operations, and we hear about law makers manipulating the gaps in the same laws they have created. In fact, in some spheres, we find ‘business tycoons’ exploiting violence-torn regions to smuggle gold, while in other spheres, some appointed public officers refuse to declare their assets because of fear of the future. Two years ago, we read about the two socialist presidents of the southern Spanish region and how they were found guilty of misuse of public funds. Totaling about €680m, you can imagine the good that could have been achieved in that region. We should also not forget the case of Ferdinand Marcos and his wife, both of whom (we are told) amassed over $10 billion during their reign in the Philippines. As we can see below that from the offshore leak of 2013 to the Panama papers of 2016 and then the 2017 Paradise papers, data leaks have continued to skyrocket. This simply demonstrates the level to which politicians and other official state representatives are taking to invest in this booming industry.
These stories are nothing new, we have always read about them – but then they fade away quicker than we expect. It is important to note that while some countries are swift in conducting investigation when issues like these arise, very little is known about others. So, in this blog, I will simply be highlighting some of the reasons why I think news relating to these issues have a short life span.
To start with, the system of financial corruption is often controlled and executed by those holding on to power very firmly. The firepower of their legal defence team is usually unmatchable, and the way they utilise their wealth and connections often make it incredibly difficult to tackle. For example, when leaks like these appear, some journalists are usually mindful of making certain remarks about the situation for the avoidance of being sued for libel and defamation of character. Secondly, financial crimes are always complex to investigate, and prosecution often takes forever. The problem of plurality in jurisdiction is also important in this analysis as it sometimes slows down the processes of investigation and prosecution. In some countries, there is something called ‘the immunity clause’, where certain state representatives are protected from being arraigned while in office. This issue has continued to raise concerns about the position of truth, power, and political will of governments to fight corruption. Another issue to consider is the issue of confidentiality clause, or what many call corporate secrecy in offshore firms. These policies make it very difficult to know who owns what or who is purchasing what. So, for as long as these clauses remain, news relating to these issues may continue to fade out faster than we imagine. Perhaps Young (2012) was right in her analysis of illicit practices in banking & other offshore financial centres when she insisted that ‘offshore financial centers such as the Cayman Islands, often labelled secrecy jurisdictions, frustrate attempts to recover criminal wealth because they provide strong confidentiality in international finance to legitimate clients as well as to the crooks and criminals who wish to hide information – thereby attracting a large and varied client base with their own and varied reasons for wanting an offshore account’, (Young 2012, 136). This idea has also been raised by our leader, Nikos Passas who believe that effective transparency is an essential component of unscrambling the illicit partnerships in these structures.
While all these dirty behaviours have continued to damage our social systems, they yet again remind us how the network of greed remains at the core centre of human injustice. I found the animalist commandant of the pigs in the novel Animal Farm, by George Orwell to be quite relevant in this circumstance. The decree spells: all animals are equal, but some animals are more equal than others. This idea rightly describes the hypocrisy that we find in modern democracies; where citizens are made to believe that everyone is equal before the law but when in fact the law, (and in many instances more privileges) are often tilted in favour of the elites.
I agree with the prescription given by President Obama who once said that strengthening democracy entails building strong institutions over strong men. This is true because the absence of strong institutions will only continue to pave way for powerful groups to explore the limits of democracy. This also means that there must be strong political will to sanction these powerful groups engaging in this ‘thievocracy’. I know that political will is often used too loosely these days, but what I am inferring here is genuine determination to prosecute powerful criminals with transparency. This also suggests the need for better stability and stronger coordination of law across jurisdictions. Transparency should not only be limited to governments in societies, but also in those havens. It is also important to note that tackling financial crimes of the powerful should not be the duty of the state alone, but of all. Simply, it should be a collective effort of all, and it must require a joint action. By joint action I mean that civil societies and other private sectors must come together to advocate for stronger sanctions. We must seek collective participation in social movements because such actions can bring about social change – particularly when the democratic processes are proving unable to tackle such issues. Research institutes and academics must do their best by engaging in research to understand the depth of these problems as well as proffering possible solutions. Illicit financial delinquencies, we know, thrive when societies trivialize the extent and depth of its problem. Therefore, the media must continue to do their best in identifying these problems, just as we have consistently seen with the works of the International Consortium of Investigative Journalists and a few others. So, in a nutshell and to answer my friends, part of the reasons why issues like this often fade away quicker than expected has to do with some of the issues that I have pointed out. It is hoped however that those engaged in this incessant accretion of wealth will be confronted rather than conferred with national honors by their friends.
BBC (2021) Pandora Papers: A simple guide to the Pandora Papers leak. Available at: https://www.bbc.co.uk/news/world-58780561 (Accessed: 26 May 2022)
Young, M.A., 2012. Banking secrecy and offshore financial centres: money laundering and offshore banking, Routledge
Catalog of Negores, mules, carts and wagons to be sold
In September 2021, I visited the newly expanded Equal Justice Initiative’s Legacy Museum: From Enslavement to Mass Incarceration, in my maternal grandparents’ hometown, Montgomery, Alabama. I was struck by the range of artifacts used to chronicle each era. Consider these1854 slave market advertisements from the Montgomery Advertiser and Gazette – still the local newspaper!
Catalog of Negroes, mules, carts, wagons and Co., to be sold in Montgomery. Headlines included: Wenches and bucks, quality Negroes for sale.
Nancy – about 26, fieldhand, cannot recommend her particularly, complains of indisposition, but probably a proper master might cure her.
Ben – A strong and hearty man, about 30 years old, an excellent field hand, and a remarkably handy boy, in any use, being usually quick and intelligent; a No. 1 Negro.
Suckey, A remarkably intelligent Negro girl about 15 years of age, understands General house work well for her age; can sew tolerably, and is a most excellent nurse and attendant for children; has remarkable strength of constitution, and never known to have been complaining even for a moment; a pretty good field hand, and would make an excellent one.
Allison – about 15, fine body and house servant, carriage driver and Ostler, honest, steady, handy, healthy, smart, intelligent, and in all respects a choice and desirable boy.
Mary Jane – about 11.
Martha – about 10.
Louisa – about 7.
Old George – as faithful and honest an old African as ever lived.
His wife Judy, the same sort of character.
Henrietta – about 24… First-rate cotton picker.
One of the humans being trafficked recounted:
“To test the soundness of a male or female slave… They are handled in the grossest manner, and inspected with… disgusting minuteness… in the auction room where the dealer is left alone with the ‘chattels’ offered… God has recorded the wickedness that is done there, and punishment will assuredly fall upon the guilty.” -J. Brown.
The ebb and flow of freedom.
Each exhibit in the ‘Enslavement to Mass Incarceration’ museum takes visitors seamlessly through the Atlantic slave trade, past Jim and Jane Crow segregation, to a recorded face-to-face visit with a real-life, modern-day inmate. As you enter what seems like the final hall, you are confronted with an array of individual seats at a glass window/screen projecting an inmate calmly sitting, waiting. Like a real prison visit, there’s a telephone, which once lifted, the prisoner does the same, introduces themselves, and recounts their story. History confronts you in the present: The confederacy surrendered on April 9, 1865. By 1898, 73% of state revenue came from convict leasing. Now?
One explicit goal of the EJI project, reflected and reinscribed in the exhibits’ descriptions, is a shift in language from slavery and slaves to human trafficking and enslavement. Surely, one can feel the sublingual, subliminal shift from victimology to responsibility, and that implies accountability. To be clear, the entire economy centered around usurping land, driving-out or exterminating the indigenous people, human trafficking and slave labor, shredding the natural environment into farmland to produce cotton, cane and tobacco, manufacturing a range of commodities from these raw materials, trading around the world. Who got rich? Whose labor was exploited?
Who is accountable for giving birth to Jim Crow, if slavery died with ole Abe Lincoln’s Emancipation Proclamation? Who is accountable for cultivating chronic poverty and voter intimidation, if we’d exterminated white lynch mobs through the Civil Rights codes of the sixties? Who indeed is responsible for mass incarceration? The exhibits challenge language that focuses on the victim and remains hush about the status quo, masking the ensuing abuse of power needed for its maintenance, especially hidden from abusers who may themselves be exploited by the myth of meritocracy.
As a side note, perhaps people will not actually be able to reckon with this cognitive dissonance of heroic CONfederate generals and their cause to uphold each state’s right to let white men traffic and enslave Blacks. I’d truly like to see public statues of say, the valiant General Lee, standing next to two or three statues of enslaved people, and a few statues of the white people charged with the quotidian physical labor of enslavement, e.g., driving labor (whip crackers), capturing and punishing escapees (slave catchers, the original law-enforcement force), breaking in new arrivals (torture), breeding ((gang)rape), and general humiliation throughout these duties (sadomasochism). Perhaps the museum just needs to add another exhibit with busts of them.
With stark population stats posted big and bold as visitors transition from room to room, the exhibits chronologically shift through significant eras. Today in the prison industrial complex there are 8 million incarcerated. 10 million were segregated under Jim and Jane Crow until the Civil Rights movement. 9 million terrorized by lynching, accelerating the erosion of Reconstruction. The nation was born and raised with 12 million kidnapped and enslaved Africans. Dear reader, right now I ask, what precisely has our nation done to upend caste?
Policy, procedures, processes, and failure
Examine any organisation and you will find a myriad of policy and procedures that are designed to inform its processes and guide employees. On paper, these formalised ideals and directions make absolute sense but frequently they bear no relationship to reality and rather than empowering, they constrain and often demoralise. These idealistic notions of how an organisation should function facilitate the dehumanising effects of managerial diktat and engender an internalisation of failure amongst employees.
By way of an example, in the 1990s police forces began to consider notions of Standard Operating Procedures (SOPs) in respect of crime investigation. These SOPs seemed on the face of it to be a good idea. The police service, driven by government notions of New Public Management, were being measured on crime reduction and crime detection. Performance indicators were propped up by idealistic notions coming out of government supported by HMIC and the now defunct Audit Commission that catching more criminals would engender a virtuous circle resulting in crime reduction. Nothing of course, was further from the truth. But the introduction of SOPs was meant to attempt to address police failings. These, certainly in one force, were at the outset seen as a guide, a minimum standard required in an investigation. They weren’t intended to constrain.
A small department was set up in this force to measure adherence to these SOPs and to report back where there were inherent failures. For example, on attending a house burglary, the attendant officers were required to take a statement from the householder, and they were required to carry out house to house enquiries in the vicinity. At the very least, they needed to knock on doors either side of the house that had been burgled and a couple of houses across the road. Frequently the statement wasn’t taken, or the house-to-house enquiries hadn’t been completed. It became clear that the officers were failing to carry out simple procedures. Measuring adherence to SOPs and providing feedback to promote improvement soon resulted in measuring adherence in order to enforce compliance.
In hindsight, there should have been a realisation that the SOPs, far from being helpful were in fact having a detrimental effect. Where officers could have carried out further investigations based on their professional judgement, they adhered to the minimum required in the SOPs or simply failed to comply with them fully. This was partially resultant of a notion amongst officers that discretion was being curtailed, but more notably it was driven by other processes and organisational priorities. These other processes were to do with attendance at other incidents. Graded as a priority by the control room, officers were being pulled off the burglary investigation and therefore couldn’t comply with the burglary investigation SOPs. Police forces were also being measured on how quickly they responded to and arrived at various calls for service. There was clearly a direct conflict between management ideals and reality with the officers being set up to fail in one aspect or another. There were simply not enough staff to do all the work and to manage the overwhelming demands at certain times.
One way of dealing with the failures was to link these to the performance and development review (PDR) process. The development aspect was a somewhat redundant term as the PDR was all about performance. Of course, each time the PDR came around the officers had failed to achieve their objectives. This provided lots of evidence of people not doing their job properly. In the wider gamut of crime figures officers at various levels began to realise that the only way to avoid accusations of poor performance was to manipulate the crime figures. In the meantime, those driving the behaviours, washed their hands of them whenever someone was found out, often hiding behind the SOPs and policy. The misuse of the PDR process and the consistent scrutiny of performance metrics resulted in the internalising of failure by staff. Whole systems and processes had been set up to measure failure, after all how could success be measured if it could never be achieved. Of course, it could never be achieved because the ambition and driving force behind this, government’s notions of crime control, were based on ideals and rhetoric not science. But the overriding fact was that it could never be achieved because there were never enough resources to achieve it.
The failure of course wasn’t in the officers that didn’t adhere to the SOPs or those that manipulated crime figures to try to avoid overbearing scrutiny, it was the failure of managers to provide adequate resources. It was a failure of managers to try to understand what reality looked like and it was a failure of managers to deal with the dehumanising effects of policy, procedure and processes.
Having left the police, I thought higher education would somehow be different. I don’t think I need to say anymore.
Au revoir Le Pen, take the rest of the far right with you!
The recent French election once again saw centrist Macron head to head with far right nationalist Le Pen. Macron won the election by a much narrower margin that the 2017 elections. I have an interest in the French elections as my parents live there and are not far away from applying for citizenship. For them, the prospect of a far right president was worrying.
The politics of much of the world has shifted to the right of late, often to the far right. Perhaps this hasn’t been a recent thing. Indeed, before this wave of Trump, Modi, and Le Pen, we had UKIP and for a while the BNP was making a lot of noise. The writing was on the wall with New Labour and their many new immigration offences, Blair’s tough on crime and it’s causes approach, and not forgetting war on Iraq and Afghanistan. This was swiftly followed with then Home Secretary Theresa May’s hostile environment agenda which has been advanced again and again by consecutive Home Secretaries until we passed the point of no return with Priti Patel and her Nationality and Borders Act 2022 (it pains me to type ‘Act’ instead of ‘Bill’ – it’s black and white now) from which not the Lords nor God nor the best lawyers in the land seem have yet been able to save us from. What we see now is a Conservative government embedded with far right ideology, and this is not an isolated island in that respect.
This current uprising of the far right, racist, and xenophobic politicians is a global phenomenon. Modi, the far right Hindu nationalist is knee deep in his campaign against Muslims, revoking autonomy in Jammu and Kashmir (ironically – or deliberately – this took place on 31st October 2019, the day Britain was supposed to leave the EU), invoking the Citizenship (Amendment) Act 2019 which disproportionately affects the citizenship of Muslims who now face the possibility of expulsion, and even outright attacks on Muslims.
Then there was Trump and the less said about him, the better. But let us return to France. This is the second consecutive election in which Macron has faced Le Pen and won. In France, elections are held in two stages. All parties and candidates go head to head in stage one and if no candidate holds a majority, a second round between the top two candidates takes place. In 2017, Macron won the second stage with 66.1% of the vote. This time around, the vote was much narrower 58.6%. Le Pen’s Rassemblement National party has ‘transformed’ since the 2017 election, with the party’s councillor for Gironde arguing that they are not the far right, and instead are localists and nationalists. Are they not one and the same?
In recent years, the rise of the far right in Europe has been fuelled by fears of refugees, terrorism, and open borders within the European Union. In addition to this, concerns over employment and poverty have contributed to this. It is not all about them, it is preservation of us.
In a globalised era, we have seen decades of erosion of the working class jobs of old combined with distorted perceptions of immigration and population changes. People living in poverty, unemployed or in insecure employment look for someone to blame and the someone tends to be them. So, parties who say they stand for the working man and oppose immigration become popular, not because voters are necessarily racist but because they are fearful and suffering. Bearing that in mind, where does that leave us now? The whole of Europe is facing a cost of living crisis, war on our doorstep. Here in the UK, inflation and interest rates are rising but wages are not. We cannot blame this on them, on people fleeing persecution, on people who come to the UK to fill the jobs nobody wants or are not qualified to do. This us and them narrative causes nothing but division and hatred, fuelling hateful politicians who – let’s face it – serve nobody’s interests but their own.
My Monday message: Choose love
Youth or Adult: can you tell?
This week’s blog begins with a game: youth or adult, secure estate in England and Wales. Below are some statements, and you simply need to guess (educated guesses please), whether the statement is about the youth, or adult secure estate. So, are the statements about children in custody (those under the age of 18 years old) or adults in custody (18+). When you’re ready…
- 70% decrease in custody in comparison to 10 years ago
- Segregation, A.K.A Solitary Confinement, used as a way of managing the most difficult individuals and those who pose a risk to themselves or others
- Racial disproportionality in relation to experiencing custody and being remanded to custody
- Self-harm is alarmingly high
- 1/3 have a known mental health disability
- Homelessness after release is a reality for a high proportion of individuals
- Over half of individuals released from custody reoffend, this number increases when looking at those sentenced to 6months of less
How many did you answer youth secure estate, and how many adult secure estate? Tally up! Did you find a 50/50 split? Did you find it difficult to answer? Should it be difficult to spot the differences between how children and adults are treated/experience custody?
All of the above relate specifically to children in custody. The House of Commons Committee (2021) have argued that the secure estate for children in England and Wales is STILL a violent, dangerous set of environments which do little to address the needs of children sentenced to custody or on remand. Across the academic literature, there is agreement that the youth estate houses some of the most vulnerable children within our society, yet very little is done to address these vulnerabilities. Ultimately we are failing children in custody! The Government said they would create Secure Schools as a custody option, where education and support would be the focus for the children sent here. These were supposed to be ready for 2020, and in all fairness, we have had a global pandemic to contend with, so the date was pushed to 2022: and yet where are they? Where is the press coverage on the positive impact a Secure School will make to the Youth estate? Does anyone really care? A number of Secure Training Centres (STCs) have closed down across the past 10 years, with an alarmingly high number of the institutions which house children in custody failing Ofsted inspections and HM Inspectorate of Prisons (2021) found violence and safety within these institutions STILL a major concern. Children experience bullying from staff, could not shower daily, experience physical restraint, 66% of children in custody experienced segregation which was an increase from the year prior (HM Inspectorate of Prisons, 2021). These experiences are not new, they are re-occurring, year-on-year, inspection after inspection: when will we learn?
The sad, angry, disgusting truth is you could have answered ‘adult secure estate’ to most of the statements above and still have been accurate. And this rings further alarm bells. In England and Wales, we are supposed to treat children as ‘children first, offenders second’. Yet if we look to the similarities between the youth and adult secure estate, what evidence is there that children are treated as children first? We treat all offenders the same, and we treat them appallingly. This is not a new argument, many have raised the same points and concerns for years, but we appear to be doing very little about it.
We are kidding ourselves if we think we have a separate system for dealing with children who commit crime, especially in relation to custody! It pains me to continue seeing, year on year, report after report, the same failings within the secure estate, and the same points made in relation to children being seen as children first in England and Wales: I just can’t see it in relation to custody- feel free to show me otherwise!
House of Commons Committees (2021) Does the secure estate meet the needs of young people in custody? High levels of violence, use of force and self-harm suggest the youth secure estate is not fit for purpose [Online]. Available at: https://houseofcommons.shorthandstories.com/justice-youth-secure-estate/index.html. [Last accessed 4th April 2022].
HM Inspectorate of Prisons (2021) Children in Custody 2019-2020: An analysis of 12-18-year-old’s perceptions of their experiences in secure training centres and young offender institutions. London: Her Majesty’s Inspectorate of Prisons.