What We Can Learn About Corruption From A Malagasy Anticorruption Activist.
“All of this [corruption] happens in total impunity because our judiciary system is not independent.” – Ketakandriana Rafitoson
**Today’s piece explores the topic of systemic corruption from the lens of Ketakandriana Rafitoson (“Ke”), a Malagasy Anticorruption Activist who is also the first Malagasy Trainee Judge to ever resign.
“Corruption is at the origins of this extreme poverty... Because our rulers in Madagascar chose corruption as a way of governing this country. And now, corruption has become normalized in the Malagasy way of life. Each and every sector of the nation is contaminated by corruption.” – Ke
Ketakandriana’s name means “little princess” in the Malagasy language (the national language of Madagascar) – although she resembles more a warrior than a princess.
She’s an activist, researcher, human rights defender, and political scientist focusing on fighting corruption in Madagascar.
What compels a girl meant to embody a princess to stand up to giants?
When she was 11 years old, her father passed away. Her mom worked tirelessly to raise Ke and her brother and ingrain in them a robust moral compass.
“My mom had a deep sense of justice and fairness. You know, she was the kind of woman to shout out in a crowded bus when she noticed something wrong. And we were, like, a bit ashamed. But yes, she did… I owe her a lot. And I will always remember forever what she used to tell us: always do what is good and always stand for justice.” – Ke
As a young adult, Ke went on to study Political Science and Public Law at the Catholic University in Madagascar. There, she began writing about democracy and human rights before finishing first on the National Judiciary Exam in 2003, becoming a trainee judge in the Administrative branch. Upon realizing the level of corruption within the judiciary, she resigned, effectively making her the first trainee judge in Madagascar to do so.
One example of corruption can be found in the elections system.
“In 2013, one of the candidates to our presidential elections spent more than Barack Obama for his campaign. Can you imagine that? Spending $43 million in a single campaign in a country where people are starving? That's insane.
In 2018, 36 candidates were running for President. 36. And money was flowing around the country for rigging the elections and bribing Electoral Court officials. And one of the candidates at that time complained that he was short of $100 million to win the elections.” – Ke
Another example of corruption is the wildlife trafficking of turtles from Madagascar to China. And yet another is the exploitation of lychee (a fruit) in Madagascar.
“We grow the small, red, exotic fruit named lychee in Madagascar. And exports of lychees to the European Union could potentially feed thousands of small-scale farmers in Madagascar.
Unfortunately, the profit from that trade serves a few militias. A monopoly run by politically-connected people. It's all wasted. And when we blew the whistle against that big business, then we've been summoned by the police, and we are still facing potential jail sentence.” – Ke
What was once known as “the Happy Island,” Madagascar is now collapsing under the weight of corruption. It’s devastating seeing the exploitation of the natural world and its resources for the financial gain of a few “politically connected people.” Particularly on an island of unparalleled biodiversity. And yes, Madagascar is not the only country to be infected with corruption. Each country struggles with it.
“But in a poor country like mine, I feel that the burden is much heavier than elsewhere because corruption takes away from our plate the already scarce resources that we have.
Corruption kills. Corruption leaves people powerless. And corruption really destroys lives. And most of the time, it happens with total impunity because our judiciary is not independent. It is influenced by those who are in power.” – Ke
If you report corruption or abuse to the authorities in Madagascar, you are likely to be jailed instead of the perpetrator. It’s the whistle-blowers and truth-tellers who risk being imprisoned or murdered.
“Last year, for instance, an environmental defender was murdered in my country. Eight people have been sentenced for his death but we do suspect that the real person who masterminded that crime [is] still free and benefits from high-level political protection by corruption.” – Ke
…
“But tell me. Are anti-corruption fighters troublemakers? If reporting corruption is trouble-making and if claiming justice for victims of corruption is trouble-making then, yeah, we are troublemakers, and we are proud of it.” – Ke
Given Ke’s political and legal career, I wanted to dive into her understanding of corruption and ask if we can potentially cleanse our systems from it. You can find our Q&A interview below, in which she:
Provides examples of corruption taking place in Madagascar
Highlights how money is increasingly becoming the source of corruption
Shares tips on how we can ensure our judiciary remains unbiased, apolitical, and uncorrupted
Advises on how we can stop the vicious cycle of misrule and corruption
Shares civil resistance techniques
It was a pleasure to work with Ke. She infuses her collaborators (like me) with optimism and encouragement, leaving them better than she found them. I appreciate the time she took to educate you – readers of The Misfit newsletter – and myself. And I’m so grateful to her for that!
Below is our interview, which I hope you find thought-provoking. Let me know what you think in the comments section.
Full Transcript of Q&A with Ketakandriana Rafitoson.
What specific examples of corruption led you here? Can you share examples of the corruption that’s taking place in Madagascar?
Ke: “Corruption is everywhere in Madagascar and it [looks like] all kinds of patterns. From petty to grand corruption. Usually, if you need a passport, you can expect to be extorted for a bribe. Some people die at hospitals (public or private) because their families couldn’t pay the bribe a doctor has asked for.
Access to education is even crooked by corruption. I remember my bitter deception when my (then) 5-year-old could not enter a renowned school in town because the parents of his [classmates] chose to bribe the teachers to easily pass the exam and filled all the available slots. And this continues into higher education where sextortion, sex for grades, becomes the practice and is banalized.
Most public servants use people’s lack of education to ask for undue favors in exchange for services, while they are just supposed to do their job. And all of this happens in total impunity because our judiciary system is not independent. Members of parliament are bribed to pass a law favoring their political allies, wildlife trafficking is eased by corruption, and official exams for holding the highest public positions (judges, customs officers, etc.) are all [manipulated] by corruption.
What can we expect in such a society? People feel powerless and corruption becomes the new normal, the unique way to climb the social ladder.”
You’ve spoken about corruption in the lychee trade between Madagascar and France. Can you tell us a little bit more about the exploitation and trafficking of natural resources – particularly with lychee?
Ke: “Almost four years ago, a whistleblower came to us with a pile of documents and a powerful story regarding [the] possible monopoly of the lychee trade between Madagascar and the European Union.
We decided to investigate the case and discovered that for more than a decade, a handful of individuals have controlled Malagasy lychee exports. With no transparency or accountability while potential violations have gone unnoticed. We found evidence of numerous potential offenses including foreign bribery, illicit agreements, tax evasion, money laundering, and concealment of these offenses.
The actions of these entities have considerably weakened this sector of activity. Lychee growers earn less, European consumers pay more for low-quality lychees in a context of unfair competition, and all to the sole benefit of a few influential players.
As a result, lychee exports to the European Union have almost halved since 2008 and European importers are starting to turn to other countries offering better quality fruit at more competitive prices. This situation deprives the Malagasy economy of an essential source of income.
In November 2022, we – along with our Secretariat in Berlin – filed a report with the Parquet National Financier in France and the Pôle Anti-Corruption in Madagascar, calling on these authorities to open an investigation into possible criminal acts committed by companies and individuals involved in the lychee trade from Madagascar. In return, the Groupement des Exportateurs de Litchis filed a complaint against us for various motives – including the spread of false information.
We have been summoned by the police and are still waiting for the prosecutor’s decision regarding a possible trial.”
You also said, “75% of our population live in extreme poverty, on less than $2 a day.” Can you talk a little about the role that the Malagasy government has played in that, and to what extent corruption has contributed to the problem?
Ke: “The striking poverty in Madagascar is the result of decades of bad governance, weak economic decisions, poor internal investments, and corruption.
Rulers chose to favor their own constituencies (political parties, families, regions, companies, etc.) in a predatory elite scheme instead of working for the Malagasy people. Cronyism, favoritism, collusion, conflict of interest, nepotism: so many faces of corruption that contribute to the impoverishment of the population for the benefit of a minority.
The lack of separation of powers means that the laws are made to serve the powerful and so are the courts and tribunals. Political protection favors impunity, further widening the gap, and separating the wealthiest from the rest of the population. This scenario weakens the country, which comes to depend on international aid to survive, even though it theoretically has all the resources (land, population, natural resources, etc.) to be prosperous.
Entire generations are condemned to bear the weight of the debt because of the incompetence and venality of a minority. In a recent investigation, we even uncovered the fact that humanitarian aid dedicated to the victims of “kere” (“famine” in the South) are regularly diverted by a well-organized criminal network fueled by corruption. We are “locked in paradise” because of such practices.”
You’re the only trainee judge from Madagascar to ever resign in protest of political interference in the judiciary. What were some of the political interferences you were seeing as a judge?
Ke: “The pressures [resulted] from the lack of separation of powers.
The judiciary is often in the pay of the executive, which means that ministers, or other holders of power, dictate and impose their wishes on magistrates who are quick to execute for fear of reprisals or simply to keep their privileges.
In Madagascar, we have this concept of "fihavanana", somewhat similar to that of solidarity or mutual aid, but which has been misused to become a pretext for impunity. If I'm your "havana" (parent, relative), I have the duty to protect you even if you've done something stupid, even if you've broken the law. This opens the door to all kinds of impunity.
When you become a magistrate, your family, your friends, the whole of society will see you as a potential lever of recourse to influence their own affairs, even unduly ones.
Magistrates are untouchable and having them on your side is an undeniable asset in dealing with any hazard. Cases in which notorious criminals have escaped justice after paying bribes to magistrates abound. I am not saying that all magistrates are corrupt, but only a minority resists the temptations of power and money.”
How do we ensure our judiciary remains unbiased, apolitical, and uncorrupted?
Ke: “The first solution for me lies in promoting and inculcating the culture of integrity from an early age. When you grow up with this value and it is firmly anchored in you, there is little chance that you will deviate from this trajectory. It is not enough for the magistrates to master the law, but to know how to do what is right and act with justice while safeguarding their independence – whatever the pressures they face.
Then, we must promote a real separation of powers by building strong institutions and establishing incorruptible control mechanisms, including, for example, civil society as an evaluator of morality. It is also necessary to limit the sources of temptation by ensuring fair and decent remuneration for all public servants and by applying severe penalties to all offenders.
For me, the current situation of the Malagasy judiciary would require a total purge since corruption is totally entrenched there. It is impossible to clean up the system with small reforms. Let's dismiss all the judges, let's recruit new ones – it's not the law graduates who are lacking in the country!
It is also necessary to be able to eradicate the corruption which undermines competition and which ensures that it is those who have money who succeed and not those who have the skills, knowledge, and integrity. It is absolutely necessary to put this system flat before rebuilding it, by subjecting the candidates to public scrutiny in addition to the classic morality surveys.
In addition, a barometer of judicial integrity should be set up, through which taxpayers and users of justice can regularly assess the performance and probity of judges. This would not only make it possible to restore citizens' confidence in the justice system, but to identify and sanction – after a thorough investigation – potential culprits of corruption and other embezzlement.
People-power is a powerful weapon if you know how to use it wisely.”
As you know, my work focuses on financial freedom. So I was interested to hear your thoughts: do you see our money system as corrupt? If so, how?
Ke: “I increasingly see money as the source of all our ills, because it is money that creates envy, generates the thirst for infinite power that often animates our leaders and most politicians.
It is money that motivates corruption and embezzlement of all kinds - even of humanitarian aid. It is at the heart of all conspiracies and does not bother with human rights or the pillar values of our societies.
Of course, money is useful for building, be it projects or nations, but often it is used as a weapon of mass destruction. The dynamics of international aid, which has proven its ineffectiveness in countries under drip like Madagascar, seem to enslave the populations instead of solving at the root the problems they face on a recurring basis.”
What solutions do you see to this?
Ke: “We would have to find a way to free our society from the diktat of money and all that that implies. To also liberate our society from the harmful power that the richest and the international financial institutions exercise over our organizations and our communities. Because I have the feeling that all this is a well-organized business.
One maintains poverty in a given country in order to be able to "rescue" it afterward with subsidies that its own population will then have to repay. It's a vicious circle that absolutely must be broken!
If humanity could find a system that would reduce money to a simple tool for development, it would be a real relief. But I'm neither an economist nor a finance analyst. I don't have the ability to come up with solutions at this level. I'll leave it to you and other experts to come up with a viable alternative to the current system.”
Related: The Hidden Price of Development Work
How do we break the vicious cycle of misrule and corruption?
Ke: “The solution lies in values [like] transparency, integrity, accountability; but also in procedures and principles [like] hard work, citizen oversight and participation in the decision-making process, etc.
But we also need to initiate a reflection around elections and how we choose our leaders. We need to find a way to put skilled people filled with integrity and striving for the common good at the head of our states and governments.
How to avoid voting for a person who is sponsored by criminals and kleptocrats? We really need to educate the masses first, not only as skilled individuals but as responsible citizens, aware of their duties and responsibilities, able to question and sanction duty bearers and politicians of all kinds.
We will have presidential elections in Madagascar later this year and we want to test this solution, in order to tackle political and electoral corruption, but also to favor the spring of new leaders with a conscience. There’s no guarantee we will succeed on the first try but we keep hoping and trying.”
Are there civil resistance techniques you encourage the Malagasy people to employ?
Ke: “Yes. Through the Learning Initiative Aiming at Nonviolent Actions (LIANA, word meaning “keen or ready to” in Malagasy) programme that I launched in 2016 with the support of the International Center on Nonviolent Conflict (ICNC), Wake Up Madagascar and Liberty 32, I am promoting civil resistance techniques based on Gene Sharp’s teaching (198 Methods of Nonviolent Action, 1973) and adapted to our local context.
The aim is to push citizens to resist injustice and build a fairer society through various techniques from methods of political, economic, and social noncooperation to diverse forms of protests and persuasion.
Recently this year, I met Michael Beer, the Director of Nonviolence International in Nepal, and discovered his monograph “Civil Resistance Tactics in the 21st Century” which gives me new inspiration for the future. Such resources are useful for us to create new tactics in our daily struggles and battles. But more than everything, the first resistance technique for me is to be well-informed, in order to analyze and make rational decisions.
A long way to go, but when there’s a will, there’s a way.
Connect with Ketakandriana Rafitoson on Twitter @KeRafitoson