In
March 2002, President George W. Bush proposed the creation of the
Millennium Challenge Account (MCA), a new foreign assistance
program to low-income countries that demonstrate a strong
commitment to "ruling justly," "investing in people," and
"establishing economic freedom." Linking foreign aid to sound policies
responds to the overwhelming evidence that aid can make a
difference only in countries with sound institutions. Sound
institutions foster a more transparent and accountable governing
environment, reducing the government's ability to misuse aid funds.
In contrast, weak institutions foster corruption, cronyism, and
government mismanagement, expanding the possibilities for
governments to misuse aid funds.
The
Administration has proposed a set of eligibility requirements for
MCA aid that use 16 indicators of just rule, investment in people,
and economic freedom. Although all of the indicators are important,
the "rule of law" indicator--the mechanism by which society
enforces rules and protects property--is by far the most crucial.
Studies on aid, growth, and prosperity reveal that the rule of law
is the only mechanism that curtails corruption, sustains economic
growth, and therefore improves people's living standards.
For
this reason, the Administration should require the "rule of law"
indicator as a prerequisite to any country's qualifying for aid. In
this way, the Administration will ensure that MCA aid is both
effective and sustainable.
Aid, Institutions, and Prosperity
The
history of aid suggests that the developed world's good intentions
of relieving world poverty have not achieved good results.
According to the Organization for Economic Cooperation and
Development (OECD), from 1960 until 2001, the developing world
received $1.2 trillion in official development assistance (ODA). This aid was intended
to finance a myriad of programs, including programs in education,
health, infrastructure, and social and economic services. Despite these
considerable resources, the average per capita income in recipient
countries after 41 years of aid programs was only $2,437. The funds did not
prove sufficient to foster sustained economic growth and therefore
failed to lift the majority of the poorest out of poverty.
There are, of course, development success
stories. For example, Hong Kong, Chile, South Korea, Botswana, and
Taiwan--to name a few--were all once very poor and are now either
developed or on a path of sustained growth. None of them, however,
owes its success to aid. For example, from 1960 until 2001, Hong
Kong received only $376 million, and South Korea received $4.7
billion. Yet both
experienced dramatic increases in per capita income so that per
capita income was $24,510 in Hong Kong and $13,419 in South Korea
in 2001.
By
contrast, Indonesia received $37 billion in aid during the same
period, and Bangladesh received $36 billion. However, per capita income grew very
slowly in both countries. In 2001, per capita income was $994 in
Indonesia and $386 in Bangladesh. So far, there have been no development
success stories among countries that have received large amounts of
foreign aid for long periods of time.
The
key to prosperity is open markets with a strong rule of law. Open
markets allow for the free flow of human and non-human capital, and
the rule of law protects private property. In a study of the
determinants of per capita income across countries, Richard Roll
and John Talbott found that institutional variables explain more
than 80 percent of the variation of gross national income per
capita across countries. Three variables had the highest levels
of significance in explaining those variations: "property rights,"
defined as the strength of the rule of law and the independence of
the judiciary; "regulations," defined as the regulatory burden on
businesses; and "black market," defined as the amount of economic
activity in the informal sector.
Simply put, the Roll-Talbott study
indicates that people invest, work, and consume where regulatory
barriers are lowest and, most important, where property rights are
protected. Therefore, to encourage permanent investment and
sustainable economic growth, governments must enact sound policies,
streamline regulations, and--above all--guarantee the protection of
property.
Without the rule of law, societies have no
mechanism to stop private abuses and public mismanagement. In this
environment, aid funds get lost in corrupt bureaucracies. As Bruce
Bartlett, Senior Fellow at the National Center for Policy Analysis,
has pointed out, where the rule of law is weak, "much foreign aid
is simply stolen by elites and almost all the rest has been wasted
on projects that yielded no economic benefits whatsoever." The merit of the
President's MCA proposal is that it recognizes such distortions and
attempts to create incentives for countries to use aid funds
properly.
WHY The Rule of Law IS ESSENTIAL TO A
SUCCESSFUL MCA
The
Administration has laid out the methodology to determine MCA
eligibility. First, a country must be in one of the bottom two
categories of per capita income: below $1,435 and between $1,435
and $2,975. Second,
a country must qualify in half of the indicators in each of the
three categories: ruling justly, investing in people, and
establishing economic freedom. (See Table 1.) There are 16
indicators, and to qualify in an indicator, a country must score
higher than the median score of the indicator. In addition, a
country must qualify in the corruption indicator. In other words,
to be eligible for MCA funding, a county must qualify in (1) the
corruption indicator, (2) two of the five remaining "ruling justly"
indicators, (3) two of the four "investing in people" indicators,
and (4) three of the six "economic freedom" indicators.
By
using corruption as the necessary condition, the Administration has
confirmed that it is deeply concerned with misuse of aid and wants
to use the MCA initiative to encourage countries to use aid
appropriately. To achieve that goal, however, the Administration
would be better served by making the rule of law, not corruption,
the necessary condition. Corruption is a consequence of a weak rule
of law, not vice versa. If countries take steps to strengthen the
rule of law, corruption will decrease. Therefore, to curtail
corruption and guarantee that aid is used properly, countries
should be required to qualify in the "rule of law" indicator.
Stronger Rule of Law, Less Corruption.
Countries with a weak rule of law suffer from corruption, cronyism,
economic mismanagement, and political instability. As noted, the
rule of law is the only mechanism that a society has to punish
crime, protect private property, enforce contracts, and maintain
reforms. Under a strong rule of law, people feel that their
personal liberty and the fruits of their labor will be protected.
This sense of "safety" is the basis of sustained economic activity
because people and businesses will work, save, and invest when they
have a guarantee that their property, their investments, and the
fruits of their labor will not be taken from them. In contrast, under a
weak rule of law, there are no guarantees that any effort by
citizens will be respected, nor are there limits to government
abuses, bribery, special interests, and generalized corruption.
Chart 1 supports this point, showing a
strong negative relationship between the level of corruption and
the strength of the rule of law. However, the range of corruption
levels is wide among countries in each rule-of-law category,
suggesting that the corruption level varies even within the same
overall assessment of the rule of law. For example, countries with
a "very high" level of property protection had corruption scores
ranging from 6.9 to 9.7. This may be because some countries have
longer histories of property rights protection than others, and
fighting corruption may take some time, even after a country makes
progress toward strengthening the rule of law. Nevertheless, Chart
1 shows a strong tendency for corruption to decrease as the rule of
law strengthens. (For examples of specific countries, see Table
2.)
Corruption Perception Index. On the
Transparency International Corruption Perception Index (CPI)--which
uses a scale from 1 to 10, with 1 the most corrupt and 10 the least
corrupt--the average score for countries with a strong rule of law
is 8.53, while the average for countries with a very low score is
2.43. (See Chart
2.) Countries with a strong rule of law and low levels of
corruption also have an average per capita income of $30,538,
compared to a per capita income of $424 in countries with a weak
rule of law and a high level of corruption.
The
relationship between the rule of law, corruption, and per capita
income makes sense because, although virtually all countries have
legislation outlawing corrupt activities, most countries do not
enforce those laws. Lack of enforcement fosters an unpredictable
environment for economic activity, attracting mostly short-term,
speculative investment, which is often quickly moved out of the
country, as opposed to allowing investment to accumulate over
time.
Implications for MCA Methodology. The
implications of the relationship between the rule of law and
corruption for the proposed MCA methodology are significant. At
present, the MCA methodology proposes that corruption, not the rule
of law, be the mandatory requirement. The problem with this
approach is that, once a country scores above the median in the
corruption factor, it can qualify in any two of the other five
factors that may not include the "rule of law."
Some
may argue that a country that scores above the median in
"corruption" will probably also qualify in "rule of law" because of
the relationship shown in Chart 1. However, this may not be the
case, given the number of corruption levels corresponding with each
"rule of law" level. For example, a country with a corruption level
of 5 will likely have a high level of rule of law, but it could
also have, according to Chart 1, a moderate or even a low
level.
Equally important is the message that the
Administration would convey by establishing the "rule of law"
indicator as a prerequisite. The Administration would be
encouraging governments seeking MCA funding to worry primarily
about strengthening the rule of law by making the judiciary
independent and protecting private property. A reduction in
corruption would most likely follow.
Conclusion
The
history of foreign aid suggests that the developed world's good
intentions of relieving world poverty have not achieved good
results. Despite the $1.2 trillion in ODA from 1960 to 2001, few
aid recipients have seen reduced poverty rates. In some cases,
poverty rates have worsened since 1960, primarily due to poor
policymaking and weak institutions in recipient countries.
President Bush's MCA initiative--linking aid to sound policies--is
an attempt to encourage recipient countries to implement sound
policies so that aid actually reaches the poor and helps alleviate
their needs.
The
Administration has proposed a methodology to establish MCA aid
eligibility. Of all the indicators in the methodology, the "rule of
law" indicator--society's mechanism to enforce rules and protect
property--is by far the most crucial. For this reason, the
Administration should make the "rule of law" indicator a
prerequisite to MCA aid. In this way, the Administration can ensure
that aid under the MCA initiative is both effective and
sustainable.
Ana I.
Eiras is Senior Policy Analyst for Trade and Economic
Development in the Center for International Trade and Economics at
The Heritage Foundation.