Unregulated, Unaccountable Corporate Megacharities Like Oxfam Are Not Fit For Purpose

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The Oxfam sex scandal is just more depressing proof that Britain’s giant, government-funded megacharities are almost completely unregulated and accountable only to trial by media

I have refrained thus far from writing about the Oxfam prostitution/rape scandal as the fallout metastasises throughout the charity sector, but I’m sure that regular readers can already guess exactly what I think about a largely government-funded pseudo-charity staffed by overpaid mediocrities who seem to think that their primary job consists of issuing prissy, sanctimonious reports attacking the one economic system which has lifted more people out of grinding, desperate poverty than all the charities of the world put together.

Much of the counterreaction on the Left has focused on the idea that conservatives want to cynically use this scandal as a reason to discredit and cut international aid – guilty as charged, in many cases. But there is also a creeping awareness on the Left that institutionalised compassion through government-funded charities is both inefficient and politically problematic.

As Ian Dunt wrote over on politics.co.uk today:

You could feel the story bursting at the seams of its Oxfam straightjacket and trying to become one which was sector-wide, a broader indictment of charities having generally lost their way. That’s partly because there is a small army of journalists out there intent on taking on the charity sector. The Express and Mail have been obsessed for years. But that does not make it a right-wing initiative alone. Many others on the progressive left are uncomfortable with the way the sector operates.

And there have been plenty of reasons to do so. Many charitable organisations, like Oxfam, grew so big they essentially became akin to corporate giants. They started obsessing over their reputation, which can be a prologue to hushing up that which might damage it. They began paying out eyebrow-raising sums for chief execs. Mostly they could justify these sums by stressing that they wanted the best people for important missions, but that would have made little sense to many of their donors, on low incomes, who had given some of their hard-earned income on a charitable instinct, only to find that the money was funding a salary they would never come close to achieving themselves.

The government guarantee of 0.7% of GDP on aid spending, which functions as a litmus test of the Conservatives’ moral responsibility in an age of austerity, also creates perverse incentives. It reverses the process by which a government department has to justify its spending on a project. The incentive now is to find things to spend the money on. Once that happens, it won’t be long before some dubious projects get funding.

Dunt goes on to warn that if this scandal is not rapidly contained, it could become the charity sector’s equivalent of the MP’s expenses scandal, where permanent and far-reaching reputational damage is done, leading the general public to forswear making charitable donations to international aid organisations.

Dunt’s concerns – including the perverse incentives created by the pig-headed, fixed 0.7% of GDP target for international aid – are absolutely valid, and his willingness to risk angering his own side by pointing out that megacharities like Oxfam often become extensions of the clubby, incestuous Westminster bubble from where they get their funding is commendable. In fact, one wonders how Dunt can be so perceptive and forthright on this issue while simultaneously being so hysterically blinkered on the subject of Brexit, but that’s another issue for another day.

What the Oxfam scandal and other instances of gross negligence in the charitable sector teach us is that however bad corporate governance may sometimes be in the for-profit sector, it is a strict and rigorous regime compared to the unregulated, unaccountable sphere in which the megacharities and NGOs operate.

When companies like BHS or Carillion go into administration, such is the public and political outrage that people associated with the stricken company are often hauled into court to be held accountable for their failings. But when similar outrages take place in the charity sector, the public outrage may be great but the consequences for those who oversee the failings are negligible. Why? Because they were trying to “do good”, and because they come from the same social bubble occupied by many politicians and members of the judiciary. The system protects its own.

One need only think of the fawning, uncritical praise heaped on celebrity charity CEO Camila Batmanghelidjh by politicians right up until the moment she ran her charity into the ground, leaving its service users high and dry, or by the way that she was allowed to melt back into anonymity rather than face any tangible consequences for her mismanagement.

As I wrote at the time of the collapse of Kids Company:

There is an aura around certain people – and around certain professions and political stances too, one might add – which makes close scrutiny and robust criticism almost impossible. And you can hardly do better escaping scrutiny than if you happen to work for one of those favoured organisations which enjoys the favour and blessing – and ministerial veto – of senior government officials, people who are guided by the opinion polls and an all-consuming obsession with how things look over how things really are – or could be.

But when is a charity not a charity?

Here’s a clue: If your organisation receives millions of pounds from the government, and if the state eclipses private and corporate philanthropy as the main benefactor and source of income, then it is not a charity. It is a QUANGO, a Public Service In All But Name, a de facto arm of the government. It comes with all the cons of financial burden on the taxpayer with none of the transparency or oversight that government spending at least pretends to ensure.

There are hundreds of Kids Companies operating up and down the country, charities in name but in reality monopoly providers of social care and other services under exclusive contract to local councils. This broken, unaccountable model should never have come to represent British philanthropy and charitable giving.

Unfortunately, we have a habit of seeing these scandals in isolation. We rightly get worked up about Kids Company, but then the news cycle moves on and the political class have little incentive to pursue people who so frequently come from the same backgrounds and occupy the same social circles. And bad or nonexistent charitable corporate governance is allowed to continue unchecked until the media discovers the next outrage.

Ian Dunt also makes this point:

The public anger towards the political class is not restricted to MPs. It encompasses a much larger, nebulous group, from think tanks, to journalists, to lobbyists, to bankers. Charities are increasingly seen as part of that, not least because they have often adopted many of the same techniques and mannerisms. They live in the same bubble and use the same language. If it isn’t this scandal that blows apart public trust in the sector, it’ll be the next one.

Yes. Britain’s megacharities are seen as part of that larger, nebulous group because they are very much a part of it. The vast over-reliance on state funding alone means that relationship are more opaque and questionable than should be the case, while the fact that such NGOs seem to recruit heavily from the same cultural pool which fills the ranks of politicians, journalists and think-tankers mean that the public naturally (and in this case correctly) jump to certain conclusions.

How much more generous might total British charitable donations be if they were encouraged through a tax-deduction scheme for taxpayers rather than being laundered through HM Revenue & Customs, adding to our total tax burden? And how much more efficient might out international aid efforts be if a large percentage of donations did not support support huge overheads and remuneration for senior staff?

Sadly, we are unlikely to find out. Unless we demand change or the Conservative Party finally decides to grow a backbone, Oxfam will make its insincere mea culpas, a few unfortunate scapegoats will be publicly shamed and stripped of their jobs, and the whole sleazy bandwagon will go rolling on.

 

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The Clinton Foundation – Noble Charity Or Grubby Political Pay-To-Play Scheme?

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Hillary and Bill Clinton continue to insist that there is nothing untoward in the way that their Clinton Foundation sought donations or interacted with the State Department when Hillary was Secretary of State. But how much smoke can there possibly be without fire?

It has been three days now since the Associated Press’s big investigative story detailing potentially concerning links between the charitable Clinton Foundation and individuals who managed to secure private meetings with Hillary Clinton during her tenure as Secretary of State.

A flavour of the story:

More than half the people outside the government who met with Hillary Clinton while she was secretary of state gave money — either personally or through companies or groups — to the Clinton Foundation. It’s an extraordinary proportion indicating her possible ethics challenges if elected president.

At least 85 of 154 people from private interests who met or had phone conversations scheduled with Clinton while she led the State Department donated to her family charity or pledged commitments to its international programs, according to a review of State Department calendars released so far to The Associated Press. Combined, the 85 donors contributed as much as $156 million. At least 40 donated more than $100,000 each, and 20 gave more than $1 million.

Donors who were granted time with Clinton included an internationally known economist who asked for her help as the Bangladesh government pressured him to resign from a nonprofit bank he ran; a Wall Street executive who sought Clinton’s help with a visa problem; and Estee Lauder executives who were listed as meeting with Clinton while her department worked with the firm’s corporate charity to counter gender-based violence in South Africa.

The meetings between the Democratic presidential nominee and foundation donors do not appear to violate legal agreements Clinton and former president Bill Clinton signed before she joined the State Department in 2009. But the frequency of the overlaps shows the intermingling of access and donations, and fuels perceptions that giving the foundation money was a price of admission for face time with Clinton.

Obviously, the Clinton campaign sees it slightly differently.

From the Washington Post:

She dismissed as “ridiculous” Trump’s accusation at a rally in Tampa on Wednesday that Clinton had run the State Department like a “Third World country,” doling out favors and access in exchange for donations to the Clinton Foundation.

“My work as secretary of state was not influenced by any outside forces. I made policy decisions based on what I thought was right,” Clinton said. “I know there’s a lot of smoke and there’s no fire.”

Last week, the Clinton Foundation announced that it would no longer accept foreign donations or donations from corporations if Clinton is elected president in November.

So something which would be unacceptable if Hillary Clinton were president (taking money from foreign donors and entities) was perfectly fine when she was “only” the nation’s top diplomat?

Lots of smoke and yet no fire, the candidate’s own (rather smug) words.

There’s nothing to see here, we are continually told. Move along. Sleep easy in your beds. Everything about the Clinton Foundation is pure, noble and virtuous. There have never been dubious financial dealings, and nothing which might even fall into a morally grey area. Hillary Clinton’s presidential campaign isn’t resting on top of a powder keg of suspicion and scandal which could see Donald Trump snatch the election, or at least weaken Clinton to the extent that she effectively becomes an instant lame duck. No, nothing like that. Honest.

The American Conservative’s Patrick Buchanan – perhaps unsurprisingly – disagrees:

The stench is familiar, and all too Clintonian in character.

Recall. On his last day in office, January 20, 2001, Bill Clinton issued a presidential pardon to financier-crook and fugitive from justice Marc Rich, whose wife, Denise, had contributed $450,000 to the Clinton Library.

The Clintons appear belatedly to have recognized their political peril.

Bill has promised that, if Hillary is elected, he will end his big-dog days at the foundation and stop taking checks from foreign regimes and entities, and corporate donors. Cash contributions from wealthy Americans will still be gratefully accepted.

One wonders: will Bill be writing thank-you notes for the millions that will roll in to the family foundation—on White House stationery?

By his actions, Bill is all but conceding that there is a serious conflict of interest between his foundation raking in millions that enhance the family’s prestige and sustain its travel and lifestyle, and providing its big donors with privileged access to the secretary of state.

Yet if Hillary Clinton becomes president, the scheme is unsustainable. Even the Obama-Clinton media might not be able to stomach this.

In one sense, Hillary Clinton is right. At present there is lots of smoke – huge, billowing clouds of the stuff – but not one visible lick of flame. It may well remain like that. It may be that the remaining emails still to be released (and think on that: the world’s superpower having its democracy influenced by shadowy outside actors based on the poor decision-making of one of its presidential candidates) point to more potential tawdry sleaze, but with no smoking gun.

And let’s face it: both Hillary Clinton and her husband are highly accomplished lawyers and politicians – if they did engage in corruption, are they really likely to have left a smoking gun or to have dealt with people who could not be trusted to keep silent? Hardly.

So rather than any concrete ethical scandal which may or may not emerge, I think it again comes down to a question about bad decision-making by Hillary Clinton. The decision to go rogue and conduct State Department business from a bootleg private email server was appalling. Even if the State Department did not have clear protocols in place for how departmental emails should be managed, simply going off on one’s own and setting up a home server is an appalling idea. Under the American system of course there was nobody to stand up to Clinton when she made the decision. In countries like Britain, with a permanent civil service running the show in the background, Clinton’s homebrew server plan would have been slapped down within minutes of it being suggested.

And then there’s the Foundation. I get it: it must be difficult transitioning back to normal life after being president of the United States. One can hardly go back into business working at an ambulance-chasing law firm or a lobbying firm or corporate America. Neither is there an established tradition of ex-presidents seeing out their days as a small town mayor or state governor, charming as the thought may be. After the Oval Office, lesser offices of state understandably seem less appealing.

So what is one to do? Well, George W. Bush provides a very helpful template for us, though sadly too late for Bill Clinton to have followed. After George W. Bush left office with an abysmal 22% job approval rating, he retired to Texas and resolved to see out his days painting unconvincing watercolour pictures of dogs (and some of his less fortunate counterparts and colleagues). Sure he’ll pop up to give a speech every once in awhile, but generally George W. Bush has maintained a dignified and most welcome silence.

Or one can go the other way, and do as Jimmy Carter did, enthusiastically throwing himself into real charitable work – not the running of giant foundations with all the perks that doing so entails (first class or private jet air travel, five star hotels, swanky fundraisers with billionaires, nurturing relationships with the politically active and an occasional conscience-easing cash disbursement to a worthy cause) but rather doing God’s honest work for Habitat for Humanity.

Actually physically building homes for disadvantaged or struggling people – that’s real charitable work. The Clinton Foundation in many respects is quite praiseworthy as some 88% of funding goes on charitable mission, but on $2bn revenue up to 2016 that is still $120 million on “overhead”, which in a family foundation has potential to conceal a whole world of ethical grey areas or outright abuses.

The point, I suppose, is that a family charitable foundation is a perfectly legitimate option for an ex-president and his family who intend to quit the political game after leaving office. But when this is not the case – when Hillary was pursuing senatorial ambitions and later becoming Secretary of State – conflicts of interest are inevitably going to occur.

When one is as rich and well-connected as the Clintons, acquiring more money becomes of limited interest. Instead, the reason for getting up in the morning after having left the White House often becomes the building of power, influence and legacy – and, of course, keeping the family in the style of living to which they have become accustomed (i.e. minimal contact with ordinary people). A family foundation accomplishes all of these objectives wonderfully. But when one or more members of the family are still politically active it is highly questionable.

It would have been far better, when there are still active political careers in play, for the Clintons to have put ego aside and thrown their support behind an alternative, existing foundation – much like Warren Buffett is giving away much of his wealth to the Bill and Melinda Gates Foundation, recognising that it makes little sense to build up his own philanthropic expertise from scratch and create all the overheads which come from a second foundation when a perfectly good one already exists.

Why did the Clintons not take the Warren Buffett approach? Three reasons – ego, power and prestige. It is great that the Clintons are philanthropically active. But nearly all of their philanthropic work is done through the Clinton Foundation ($1 million to the foundation in 2015 and just $42,000 to another charity), meaning they want to do charity on their terms. It is a few distinct shades further away from pure altruism, and more to do with continuing to exercise power after the White House.

When Bill Clinton’s presidency ended in 2001, like a shark he had to keep swimming or surely die. Sitting at home in front of the television was never an option. But neither was Bill Clinton about to show up to work for Bill and Melinda Gates, or Habitat for Humanity. He wanted the benefits of his charitable work to accrue to him and his family, not to the Gates family or anyone else. And so the Clinton Foundation was born.

And since the Clintons choose to conduct philanthropic activities on their own terms and through their own foundation, in a way which aggrandises the Clinton family name and brings them power and influence, it is perfectly reasonable to ask questions about any other “fringe benefits” which Hillary Clinton pursued while holding the immeasurably valuable bargaining chip of being a senior part of the Obama administration. And when there is smoke, it is not churlish or unreasonable for journalists to have lots of questions about these activities.

And yet…

None of this is yet sufficient grounds to choose Donald Trump over Hillary Clinton. Indeed, it is difficult to say just how large an ethical scandal would have to befall Clinton to make her less preferable as president than Donald Trump, a lying, authoritarian would-be strongman who delights in his own ignorance and capitalises on the ignorance of others.

But while the Clinton Foundation smoke machine is no reason to elect Donald Trump, it does paint an even more worrying picture about the quality of decision making and the ethical firewalls which may or may not exist in a second Clinton White House. And it makes one marvel that the Democrats could not follow Barack Obama with a presidential nominee capable of remaining scandal-free at least until Inauguration Day. Nearly every other heavyweight Democrat was intimidated away from the field because 2016 is, we were constantly told, “Her Turn”.

I can’t help but wonder if the Democrats will yet come to regret granting that extraordinary privilege so carelessly and cheaply.

 

Hillary Clinton

Top Image: The Atlantic, Lucas Jackson/Reuters

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