Aplicación del método 3D

The introductory chapter gives a background to the research study by briefly describing the rise of anti-corruption and judicial inquiries in Uganda. It states the research problem, hypotheses, questions, justification for and the objectives of the study. The factors that influenced the choice of a qualitative research paradigm are explained, as are the research procedures such as interviews, focus groups and document analysis that were utilised to obtain data.

Chapter Two looks at the global framework against corruption and its impact on anti- corruption in Uganda. The World Bank, IMF and bilateral donors such as USAID and DFID have been the key proponents of the good governance discourse, which they have sought to enforce in countries such as Uganda through the mechanism of aid

conditionality. It notes that enforcement of conditionality has been hampered by self- interest on the part of donors. Furthermore, enactment of international treaties against corruption, the growth of international civil society and the international NGOs such as Transparency International has been significant in the proliferation of anti-corruption norms. The chapter examines how the dynamics of the global anti-corruption framework have influenced the phenomenon of commissions of inquiry into corruption in Uganda.

Chapter Three looks at the manner in which the Uganda government has adopted and adapted to the good governance discourse, by agreeing to its formal requirements, and yet utilising various means to subvert it. Thus, Uganda is able to show that it is a good

33

governor by having a ―near perfect‖ array of anti-corruption laws, policies and institutions, that are nevertheless inadequately enforced. The chapter analyses the ―neo-patrimonial‖ patronage and clientelistic system that defines political organisation in Uganda as the cause of systemic corruption as well as the reason for anti-corruption failure. It is

suggested that commissions of inquiry arise out of the contradictory aim of being a good governor whilst insulating key personalities in the patronage system from criminal prosecution in order to preserve the regime.

Using examples from various countries, chapter four looks at the history, role, structure and functions of inquiries as ad hoc investigatory devices usually appointed in times of scandal and crisis. It aims to illustrate that their unique inherent features, such as quasi- judicialness, public and media participation in an inquisitorial fact-finding process, render them the ideal instrument of power that the Uganda government utilises to be a good governor whilst ensuring minimum disruption to the patronage system that ensure regime survival. It analyses the legitimation theory that has been proposed as explaining the role of inquiries in governance. Thus, inquiries help to reiterate the rational acceptability, competency and effectiveness of the state following a crisis. Some scholars have proposed that legitimation is achieved through the inquisitorial fact-finding process, which allows for public scrutiny of the crisis or scandal and hence facilitates the public to make or justify their own conclusions about who should be blamed for it.

34

Chapter Five looks at judicial commissions of inquiry into corruption in Uganda during the period 1999-2007. It is a descriptive analysis of the terms of reference, proceedings, key findings and outcome of four judicial inquiries into corruption in Uganda – the police, junk helicopters, Uganda Revenue Authority and Global Fund inquiries.

Chapter six presents respondents‘ views on commissions of inquiry in Uganda, who almost unanimously agree that they are appointed as public relations stunts to show that something is being done about corruption whereas nothing is being done. The analysis of the responses emphasises that while this is partly true, it would be more correct to view them as being aimed at achieving a complex set of political aims related to the survival of the regime. Key among these is legitimating the government as a good governor by

exhibiting democracy, public accountability, judicial independence and media freedom. I suggest that ultimately, commissions of inquiry are part of the complex process by which the good governance discourse, with its potential and limitations is internalised and reproduced in Uganda.

The final chapter concludes by analysing the ―going out of style‖ of inquiries in Uganda, summarising the implications that inquiries have had for governance and democracy in Uganda.

35 Chapter 2

The Global Anti-corruption Framework: “Good Governance,” International Non-Governmental Organisations (INGOs) and International Law

2.1 Introduction

This chapter is aimed at locating commissions of inquiry into corruption within the global anti-corruption framework, signified mainly by the good governance discourse. Rita Abrahamsen emphasises that the transitions in governance that characterised the late 1980s and early 1990s in Africa were profoundly influenced by Africa‘s interaction with and place in the international system. She points out that ―explaining the transitions with reference to domestic factors only is far too simplistic.‖ She notes that globalisation has worn down the integrity of the nation state as an autonomous, independent actor. Central agencies of the State, including government ministries, central banks and executive offices are increasingly linked to each other and to international institutions such as the World Bank and the IMF. In this global order, States are obligated to adopt policies that reflect international and domestic imperatives. It is on this basis that the analysis of the global anti-corruption framework is considered to be a crucial starting point for the present study.72

The chapter analyses the techniques that have been employed to promote anti-corruption in developing countries such as Uganda. The first part of the chapter looks at the role of

72 _{Abrahamsen, R. (2000). Disciplining Democracy: Development Discourse and Good Governance in Africa, Zed}

36

good governance discourse in promoting anti-corruption. The second part looks at global civil society, particularly Transparency International‘s Corruption Perception Index (CPI). The third part considers the role of the role of international and regional anti-corruption treaties and conventions. Part four analyses the role of Multi-national Enterprises (MNEs) in promoting anti-corruption. The chapter concludes by noting that the IFIs and bilateral donors have promoted an anti-corruption discourse which is beset by contradictions and inconsistencies. These contradictions in the international framework are carried over to the national one, where they are internalised and reproduced in a similarly contradictory fashion, an issue that will be taken up in the next chapter.