Holding aid-related misconduct accountable: civil and administrative remedies
DOI | https://doi.org/10.1108/JMLC-08-2020-0095 |
Published date | 11 November 2020 |
Date | 11 November 2020 |
Pages | 596-606 |
Subject Matter | Accounting & finance,Financial risk/company failure,Financial compliance/regulation,Financial crime |
Author | Sally Junsong Wang |
Holding aid-related misconduct
accountable: civil and
administrative remedies
Sally Junsong Wang
University of Cambridge, Cambridge, UK
Abstract
Purpose –The purpose of this paper is to provide an empirical analysis on aid-related misconduct and
sectoral regulatoryfailures. Via a series of Oxfam revelations, this paper aims to highlight potentialcivil and
administrativeremedies to rectify wrongdoings andincrease accountability in aid organizations.
Design/methodology/approach –Chronicling recent revelations of misconduct by aid workers, this
paper begins with an overviewof moral and legal responsibilities of the entrusted; then it illustrateshow the
Oxfam misconduct violates those moral and legal responsibilities in aid delivery. The author draws upon
legal and administrativedilemmas on regulating the aid sector and aid workers’behavior. Finally, this paper
offers practicalcivil remedies for the harmed and administrative remediesfor long-term institutional reforms.
Findings –The damage –across a broad spectrum of interests, caused by aid workers engaging in
exploitativeconduct –not only is a betrayal of the trust reposed by vulnerable peoplein these individualsbut
also a failure with far-reachingimplications on the part of the donor organizations. The use of the criminal law
in aid-related misconduct is highly problematic, assuming a specific offense is committed (which, in many
cases, it may not have). There are jurisdictionallimitations on the ability of donor countries and international
regulations other than in regard to peacekeepers are almost nonexistent. Given such context, civil and
administrativeremedies provide a viable alternativefor the harmed who seek justice.
Research limitations/implications –Legal remedies can be highly jurisdictional contingent.
Depending on the specific jurisdiction where misconduct takes place, there are potentially other suited
remediesnot mentioned in this paper to address aid workers’unethicalbehavior.
Practical implications –This paper provides tips on using existing legal channel (the civil law) and
availablepro bono resources to hold transgressors and theiremployers accountable.
Social implications –Effective regulating aid-related conduct prevents further harm on vulnerable
people and restorespublic trust in the aid sector.
Originality/value –This paper addresses the regulatoryblind spot on aid workers’exploitative conduct
through the context of Oxfam revelations. Second, it provides practical policy recommendations for
navigatinglegal and administrative dilemmas on regulating aid workers’behavior.
Keywords Aid, Accountability, Transparency, Administrative remedy, Civil remedy,
Oxfam misconduct
Paper type Research paper
Amidst the allegations against Oxfam workers’sexual abuse in the 2010 Haiti earthquake,
similar instances have cometo surface in other charity organizations.Since the revelation of
Oxfam misconduct, Save the Children has investigated 53 allegations and Oxfam have
discovered more similar exploitation among aid workers in Chad (BBC News, 2020). These
scandals are wake-up calls to the aid sector (BBC News, 2020). Oxfam’s failure to regulate
unethical behavior of its aid workershas raised serious concerns on how to ensure integrity
and accountability of all levels in international aid organizations, from volunteers to
management. Recently, the Charity Commission has reported that there are failings in
maintaining safeguarding measures, as well as lack of transparent and accountable
JMLC
24,3
596
Journalof Money Laundering
Control
Vol.24 No. 3, 2021
pp. 596-606
© Emerald Publishing Limited
1368-5201
DOI 10.1108/JMLC-08-2020-0095
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