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301 Pages·2006·14.75 MB·English
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Everyday Corruption and the State Citizens and Public Officials in Africa Giorgio Blundo & Jean-Pierre Olivier de Sardan with N. Bako Arifari & M. Tidjani Alou Translated by Susan Cox Everyday Corruption and the State was published in 2006. Published in Southern Africa by David Philip (an imprint of New Africa Books), 99 Garfield Road, Claremont 7700, PO Box 46962, Glosderry 7702, South Africa and in the rest of the world by Zed Books Ltd, 7 Cynthia Street, London ni gjF, uk, and Room 400, 175 Fifth Avenue, New York, NY 10010, usa www.zedbooks.co.u k Editorial copyright © Giorgio Blundo and Jean-Pierre Olivier de Sardan 2006 Individual copyright © individual authors 2006 Translation copyright © Susan Cox 2006 The right of Giorgio Blundo and Jean-Pierre Olivier de Sardan to be identified as the editors of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act, 1988 Designed and typeset in ITC Bodoni Twelve by illuminati, Grosmont, www.illuminatibooks.co.uk Cover designed by Andrew Corbett Transferred to Digital Printing in 2007 Distributed in the usa exclusively by Palgrave Macmillan, a division of St Martin’s Press, llc, 175 Fifth Avenue, New York, ny 10010 All rights reserved No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic or otherwise, without the prior permission of the publisher. A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data available Library and Archives Canada Cataloguing in Publication Data available isbn 10 i 84277 562 6 Hb ISBN 10 i 84277 563 4 Pb ISBN 13 978 I 84277 562 2 Hb ISBN 13 978 I 84277 563 9 Pb Contents PART I Approach, Method, Summary 1 Why should we study everyday corruption and how should we go about it? G. Blundo and J.-P. Olivier de Sardan 3 2 Corruption in Africa and the social sciences: a review of the literature Giorgio Blundo 15 3 Everyday corruption in West Africa G. Blundo and J.-P. Olivier de Sardan 69 4 The popular semiology of corruption G. Blundo and J.-P. Olivier de Sardan no PART II Sectoral Studies 5 Corruption in the legal system Mahaman Tidjani Alou 137 6 ‘We don’t eat the papers’: corruption in transport, customs and the civil forces Nassirou Bako Arifari 177 7 An ordered corruption? The social world of public procurement Giorgio Blundo 225 Notes 263 Bibliography 275 Index 291 PART I Approach, Method, Summary I Why should we study everyday corruption and how should we go about it? G. Blundo and J.-P. Olivier de Sardan This book is based on two years of field and documentary studies car­ ried out in Benin, Niger and Senegal from 1999 to 2001. The subject of the research was petty everyday corruption, which is widespread and systemic throughout the public - that is, administrative and political - sphere in all three countries.1 The research focused on the following specific areas and sectors: transport and customs (in the three countries); the legal system (in the three countries); health (in Benin and Niger); public procurements (in Benin and Senegal); the local tax system (in Senegal); the way corruption is dealt with by the press (in the three countries); development-aid projects (based on the example of the scandal surrounding Italian-Senegalese develop­ ment cooperation); and the policies adopted to fight corruption in the three countries. The team consisted of six researchers of six different nationali­ ties;* we also availed of the services of fourteen research assistants who were trained by us in the field.3 The findings of our research were first collated and debated in the three countries concerned and were then presented in a report4 and a thematic issue of the journal Politique Africaine? This book, which is being published simultaneously in French and English,6 differs considerably from 4 Everyday Corruption and the State these publications in terms of both its structure and its content and incorporates new analyses and an extended and updated bibliogra­ phy. It is the first detailed and systematic anthropological study to be carried out in a group of countries on the specific topic of everyday corruption in Africa. Why study corruption? The individual members of our research team already had extensive experience in carrying out research on topics involving the anthro­ pology of development and political anthropology - that is, the decentralization of local powers, public health, development projects and the management of local resources — in the three countries involved in the study.7 The topics of corruption and administrative dysfunction continually arose in conversations and interviews with informants in the course of these studies. Thus, without consciously seeking it out, we were constantly confronted with the issue of cor­ ruption in our previous work. Despite this, we never considered corruption an autonomous field of research, a scientific construct per se. It was never our aim to establish a subdiscipline to be known as the ‘anthropology of cor­ ruption’; nor was it our objective to hunt down and investigate cases of illicit administrative practices everywhere. From the outset, we viewed corruption as a stepping stone leading to other phenomena, as a particularly useful way of accessing other realities and a way of penetrating further into the daily routine of the public services right to the core of the relations between public services and their users. Thus, productive perspectives emerged in the course of our research that could contribute towards the identification of an anthropology of the state, of professional cultures, of administrative conduits and of the ethics of the public service, or what could be described more generally as a ‘socio-anthropology of African public spaces’.8 Once we go beyond the organizational charts, legal and regulatory texts and political declarations, we find that the ‘real’ functioning of the state in these three countries is actually very removed from its ‘official’ functioning. Without expressing any value judgements, it is valid to refer to a ‘generalized informal functioning’ of the state Why should we study everyday corruption? 5 here. Indeed, based on the laws and regulations in force, public discourse and the expectations of the users of state services, one could even go so far as describing it as ‘generalized dysfunction’. Of course, generally negative perceptions on the part of service users is the lot of all ‘interface bureaucracy’, even in Europe. Indeed, it is an almost structural characteristic of public services that they give rise to a disproportionate level of demand in relation to the actual supply available and that they show complete indifference to - if not disregard for - their users’ time (Lipsky 1980). Nonetheless, the concrete situations observed in the course of our study would suggest that our informants’ grievances should not be classified as mere local variants of the characteristic stereotypes of the world of bureaucracy (see Hertzfeld 199a). Of course, this ‘generalized infor­ mal functioning’ of the state does not mean that there is a complete absence of rules and regulations, or that the corrupt practices are merely a matter of the ‘law of the market’ or simple power relations. On the contrary, everyday corruption is a social activity which is regulated de facto and in accordance with complex rules, and tightly controlled by a series of tacit codes and practical norms. These tacit codes and practical norms differ significantly from public codes and official or legal norms and it was the main objective of our study and this book to identify and describe them - for they are never explicit and are often even unconscious and automatic. . The tacit codes and practical norms at work in the context of corruption largely exceed the scope of the latter and concern the habitual behaviours in the public services, and even the societies, studied. The ‘generalized informal functioning’ of the state provides fertile ground for the existence of corrupt practices, but does not fully merge with them. For example, it is difficult to identify a clear boundary between ‘favouritism’, clientelism and ‘string-pulling’, on the one hand, and ‘arrangements’ involving monetary compensa­ tions, on the other, and similarly between legitimate commission and tips and illegal pots-de-vin - bribes - and extortion. In order to take into account this overlap between corrupt practices and all of the ‘real’ everyday practices of state services,9 we adopted the broadest possible acceptation of the ‘complex of corruption’1" and one which is far removed from strictly legal definitions: that is, all 6 Everyday Corruption and the State practices involving the use of public office that are improper - in other words, illegal and/or illegitimate from the perspective of the regulations in force or from that of users - and give rise to undue personal gain.11 Moreover, we were extremely wary of defining a clear distinction between what constituted corruption and what did not. This helped us understand the links between the apparently corrupt practices and apparently non-corrupt practices closely associated with them.'1* In ranging between the dimensions of exchange and extortion, as we shall see, these practices give rise to processes involving the informal redistribution of public resources and of forms of power and authority. However, they also generate mechanisms of inequality and exclusion in terms of the access to these resources. Thus, the study of corruption enables us to penetrate to the actual heart of modern African states, their administrations and their public services, and a phenomenon that is apparently peripheral in nature provides the key to the very centre of things. This issue of knowledge is also a social and political issue. The topic of the war against corruption and the promotion of‘good govern­ ance’ recurs like a leitmotif in the debates surrounding the reform of African states and the definition of new policies. Efficiency, account­ ability, transparency and the rule of law have become the keywords of this new form of aid conditionality which is inspired in particular by the neoliberal movement. The limits, ideological perspectives and paradoxes of these anti-corruption reforms and reforms for the establishment of ‘good’ governance have already been highlighted elsewhere and include: a normative and teleological approach that emphasizes ‘neutral’ technical solutions to problems stripped in advance of their ideological and political valence (Ferguson 1990; Polzer 2001); a barely dissimulated universalist claim; the uncritical and naive exaltation of a ‘civil society’ erected as a counter-power to a state that is permanently under suspicion of various downward spirals (Szeftel 1998); and a serious ignorance of the situations that they claim to be reforming. However, the criticism of‘good governance’ mainly comes from post-structuralist authors or development decon­ structionists (see Escobar 1991,1995,1997) who confine themselves to an analysis of discourses and, as a result, neglect actual practices and the processes of sidetracking and disarticulation of international

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Presents an analysis of how and why corruption governs everyday life in Africa. This book constructs an analytical frame of reference around the various forms of corruption; the corruptive strategies public officials resort to; and how these forms and strategies are deeply embedded in daily administ
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