15 Years of Teaching Anti-Corruption & the Rule of Law & 15 Lessons Learned

A ProfessorUNCAC Tool for Professors, Trainers, International Organizations, NGOs and Businesses

Keith Henderson, American University’s Washington College of Law

Lesson OneEngage/Quiz the Class Upfront

Begin the class with a personal story that poses a moral/ethical dilema or recount an inspirational book/story or hypothetical that poses at least two questions/issues. Examples:

(i) Ask them to watch Professor Michael Sandel’s (Harvard) classroom videos before class (You Tube): “What is the right thing to do?” Then pose some of his Q’s to the class (ii) Summarize a relevant book or a country development success story (How the Scots Invented the Modern World, Arthur Herman). Then ask what are some of the lessons learned (Rule of Law, citizen participation, developing consensus) (iii) Ask them how they define corruption and whether the UNCAC defines corruption either directly or indirectly or ask them what some of the causes and possible solutions are to addressing and preventing corruption (see next 2 pages)

Key Corruption Causes

Provide students some corruption theory and history to ponder & challenge them to refine or develop their own formula within country, sector or institutional context

Klitgaard’s formula:

C = M + D - A

Key Corruption Solutions?

Provide students with a possible formula that responds to the causes through a global lessons learned lens & challenge them to develop their own or refine

and/or prioritize the formula within country, sector or institutional context

ProfessorUNCAC’s formula:

A/C = T + I + G + E + R + S

Lesson Two

• Key class messages/overview: Present the UNCAC as the only global holistic framework for preventing and addressing corruption and promoting a rule of law culture

• Note it complements and should be linked to the UDHR and the ICCPR/ICESCR

• Illustrate how elements of it can also be linked to the UN Global Compact and the UN Guiding Principles on Business & Human Rights (Ruggie Principles)

• Explain how the model course is adaptable to various academic disciplines and for multiple stakeholders, regions, countries and sectors/institutions

Lesson Three

Potential professors/trainers should note the course can also be used by multiple stakeholders for multiple purposes:

• continuing education, certification or business training courses or bar association credits

• teaching completely on-line• teaching face-to-face • teaching “hybrid” style

Lesson Four

• Assign a video documentary like PBS’s “Black Money” (BAE)• Ask students to be prepared to identify issues related to the UNCAC in class

and to present the BAE case (key facts/players, issues, decisions, penalties, laws, enforcement issues)

• Highlight key elements of UNCAC: Grand corruption/princes/presidents/prime ministers/banks/bribery/agents/money laundering/OECD Convention/whistleblowers/national security/terrorism/international cooperation/target sectors

Lesson Five

• Summarize the UNCAC syllabus & some of key UNCAC mandates, core values, innovations and implementation challenges

• Ask students to take copious notes and to be prepared to identify which elements of the UNCAC are of most interest & to think about how the UNCAC defines corruption

• Call on students/volunteers to answer these questions

Lesson Six

• Clearly explain the key objectives of the course (as adapted to country/sector context)

• Note the holistic approach to addressing a multi-faceted problem across sectors, institutions and country borders

• Give examples of how some of the key issues and mandates are inextricably linked (critical integrated analytic thinking).

Lesson Seven

• Ask students to theorize as to: (i) which UNCAC mandate they would make their highest priority (ii) which are most closely linked and (iii) which would be most difficult to implement in a country where corruption is endemic

• Ask students what impact endemic corruption in the justice sector would have on implementing different UNCAC & UDHR mandates

Lesson Eight

• Ask students to watch the Michael Sandel Video: “Justice: What’s the Right Thing to do?” Provoke Class debate: Pose what’s the “right” thing to do through Sandel’s or your own hypotheticals?

• Ask the same Q through the lens of treaties, laws, ethics codes, local customs or global best practices

• Ask how do these guideposts support or conflict with each other? How do you balance them?

• Ask what to do when the guidepost don’t clearly mesh with the facts and circumstances?

Lesson Nine

• Ask students, through hypothetical Q’s or case studies what key values are reflected in the guideposts (above)

• Ask what some of the research methodologies are to determine how these guideposts compare on both paper and in practice -- from an international lessons learned/best practice perspective

Lesson Ten

• The global syllabus was designed in such a way to allow professors to select the issues and research for each class

• Err on the side of only assigning three or four readings/videos or cases for each 2 hour class

• Ask students to identify the kinds of speakers they would like to invite and on what topics (in person or on-line)

Lesson Eleven

• Ask students to do their own research and to present a case that illustrates how enforcing global corruption mandates sometimes exacerbates human rights abuses (country context)

• Also ask students to present a case that illustrates how global corruption mandates promotes global rights (country context)

Lesson Twelve

Teach them to do multi-disciplinary research:

• Ask students to learn how to use key research anti-corruption websites, such as UNODC/TRACK, U4, TI/ACRN & Business & Human Rights Resource Centre.

• Give them specific topics to research• You may need to devote a whole class to this topic and/or bring in a guest

lecturer

Lesson Thirteen

Use visual resources & corruption, legal, human rights & doing business blogs/sites:

• documentaries• social media• news sites• NGOs• country & corporate compliance sites

Lesson Fourteen

Enhance/Demonstrate Writing skills:

• require a student paper of publishable quality (any format, any UNCAC related topic, framed within country context)

• provide students a sample paper• discuss paper topics in open class and solicit suggestions and

encourage collaboration

Lesson Fifteen

• Note that research and implementation of the UNCAC is still in its infancy• Outline emerging career opportunities • Try to provide students an opportunity to publish their papers on various

web sites• Link students up with internships & organizations in the compliance

business

Class Overview/Discussion

• Close the class by asking students to discuss the costs of corruption to different stakeholders and to prioritize the reasons why addressing and preventing corruption is important to them personally

• Ask them to summarize the key legal, policy and institutional mandates and recommendations under the UNCAC

• Ask them to give an example that illustrates the links between the UNCAC and the UDHR