SlideShare uma empresa Scribd logo
1 de 38
Baixar para ler offline
server05productnNNYI42-4NYI404.txt unknown Seq: 1 2-SEP-10 14:24
CAN THE PRIVATIZATION OF FOREIGN AID
ENHANCE ACCOUNTABILITY?
DEVESH KAPUR* & DENNIS WHITTLE**
ABSTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1144 R
I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1144 R
II. ISSUES OF ACCOUNTABILITY IN FOREIGN AID . . . . . . 1147 R
III. MEASURING ACCOUNTABILITY . . . . . . . . . . . . . . . . . . . . 1152 R
IV. THE EMERGENCE AND IMPLICATIONS OF PRIVATE
FOREIGN AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1156 R
V. TECHNOLOGY ENABLED MARKETPLACES IN PRIVATE
AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1160 R
A. Case Study: GlobalGiving . . . . . . . . . . . . . . . . . . . . . 1161 R
B. Greater public awareness and fundraising
ability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1162 R
VI. THREE NEW MECHANISMS FOR GREATER
ACCOUNTABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1164 R
A. Ratings of service providers . . . . . . . . . . . . . . . . . . . . 1166 R
B. Remote monitoring. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1167 R
C. Community feedback . . . . . . . . . . . . . . . . . . . . . . . . . . 1168 R
VII. NEW ROLES FOR THE PUBLIC THROUGH
COMMUNITY AND BENEFICIARY FEEDBACK . . . . . . . . . 1170 R
A. How Community Feedback Can Improve
Accountability in Aid . . . . . . . . . . . . . . . . . . . . . . . . . 1171 R
B. The Special Potential of Beneficiary Feedback . . . . 1173 R
C. What it Will Take for Community Feedback to be
Adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1176 R
VIII. CONCLUSION: FOREIGN AID AS A COMPLEMENT,
NOT A SUBSTITUTE, FOR GOVERNMENT . . . . . . . . . . . 1179 R
* Corresponding author. Director, Center for Advanced Study of In-
dia, and Madan Lal Sobti Professor for the Study of Contemporary India,
University of Pennsylvania. An earlier version of the paper was presented at
a symposium on “Financing Development: The Privatization of Development
Assistance,” N.Y.U. School of Law, December 4-5, 2009. We thank Tim
B¨uthe for his comments and suggestions and Ritu Kamal, Sonali Murarka,
and Nathan Sharp for excellent research assistance.
** Founder and Chief Executive Officer, GlobalGiving.
1143
server05productnNNYI42-4NYI404.txt unknown Seq: 2 2-SEP-10 14:24
1144 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
To give away money is an easy matter and in any
man’s power. “But to decide to whom to give it, and
how large a sum, and when, and for what purpose,
and how, is neither in every man’s power, nor an easy
matter.”
— Aristotle1
ABSTRACT
This paper examines the promise of greater impact and
accountability of private foreign aid. We examine the status of
accountability in foreign aid from governments and how the
emergence of private foreign aid is resulting in new thinking
about accountability in foreign aid. The paper discusses how
technology-enabled marketplaces can improve accountability
in foreign aid through rating service providers, remote moni-
toring, and especially through enhanced beneficiary feedback
mechanisms. We conclude by arguing that private aid should
be seen as a complement and not a substitute for govern-
ments, and we contend that private aid can “crowd-in” and in-
duce local governments to provide better services via a demon-
stration effect, a competition effect, and an “intrinsic pres-
sure” approach that empowers beneficiaries to exercise a
greater voice.
I. INTRODUCTION
Private aid and its subset—private foreign aid—are in-
creasingly playing a major role, both within and across coun-
tries. The nonprofit sector in the United States alone had
“$1.6 trillion in revenue” in 2004-05.2 Total private aid from
donors in the U.S. is in the order of $300 billion per year.3 Of
this total, 75 percent is from individual donations, about 13
percent from foundations, 7 percent from bequests, and 5 per-
cent from corporations. Though most of this private aid in the
1. ARISTOTLE, THE NICOMACHEAN ETHICS 47 (Robert Williams trans.,
Longman’s, Green & Co. 2d ed. 1876). Quoted in GIVING WELL: THE ETHICS
OF PHILANTHROPY (Patricia Illingworth, Thomas Pogge & Leif Wenar eds.,
forthcoming 2010).
2. The Nonprofit Career Guide, Fact Sheet: Nonprofit Size and Scope, http:/
/www.nonprofitcareerguide.org/fact_sheet-scope.php (last visited Apr. 15,
2010).
3. GIVINGUSA FOUNDATION, GIVING USA 2009 (2009).
server05productnNNYI42-4NYI404.txt unknown Seq: 3 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1145
aggregate goes toward domestic causes, almost $37 billion
goes overseas,4 which is the same order of magnitude as offi-
cial aid flows from the U.S. (Table 1). Individual international
development NGOs, even excluding those that are not large
private foundations, can command substantial resources, with
revenues and expenditures running into hundreds of millions
of dollars (Table 2).
TABLE 1. US ECONOMIC ENGAGEMENT WITH DEVELOPING
COUNTRIES, 2007
USD Billions % of Total
US Official Development Assistance $21.8 9%
US Private Philanathropy $36.9 16%
Foundations $3.3 9%
Corporations $6.8 18%
Private and Voluntary organizations $10.8 29%
Volunteerism $3.5 9%
Universities and colleges $3.9 11%
Religious Organizations $8.6 23%
US Remittances $ 79.0 34%
US Private Capital Flows $ 97.5 41%
US Total Economic Engagement $235.2 100%
TABLE 2. EXPENDITURES AND REVENUES FOR SELECTED
NONGOVERNMENTAL ORGANIZATIONS (FY 2006)
Expenditure
NGO ($ millions) Share of total revenue (%)
U.S. Gov’t Private
Feed the Children 675 0% 100%
World Vision 946 26% 74%
Food for the Poor 855 3% 97%
American Red Cross 4,978 5% 95%
Source: USAID Volag report, 2008
The moral imperative for those better off to help improve
the lives of the world’s poorest faces tremendous ethical and
practical challenges. Philanthropic organizations and their re-
sources are inevitably drawn into power and patronage net-
4. CTR. FOR GLOBAL PROSPERITY, HUDSON INST., THE INDEX OF GLOBAL
PROSPERITY AND REMITTANCES 16 (2009) available at https://www.hudson.
org/files/documents/Index%20of%20Global%20Philanthropy%20and%20
Remittances%202009.pdf (hereinafter CTR. FOR GLOBAL PROSPERITY).
server05productnNNYI42-4NYI404.txt unknown Seq: 4 2-SEP-10 14:24
1146 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
works of a country’s politics, which itself raises ethical quanda-
ries.5 Increasing accountability is good in principle, but it
does not by itself ensure better poverty outcomes. It may just
amplify the complexities of development efforts.6
Questions of accountability begin at the conceptual stage.
Is it better for international aid NGOs to focus on high-priority
causes with greater chances of poor performance or to focus
on lower-priority projects and do them well? Who should de-
termine the priority of different causes—should it be govern-
ments, aid agencies, or the beneficiaries themselves? Is it
“morally defensible” for an NGO merely to protect some im-
poverished populations from harm, even if a larger number of
worse-off people could be protected elsewhere at the same
cost? Should large NGOs divide their efforts “fairly” among
developing countries, or should they focus on those places
where they can do the most good? When, if ever, is it accept-
able for NGOs to compete for limited funding?7
This paper argues that the emergence of new private aid
mechanisms offers the potential to increase accountability
through better flows of information and preference revelation
among stakeholders. New technologies, combined with com-
petitive pressures, make it possible for private aid platforms to
adopt better accountability mechanisms faster than official
agencies and traditional private aid intermediaries. If the new
private aid mechanisms band together to form a common
feedback mechanism, there will be greater pressure on official
agencies to submit to the same mechanisms. In general, the
adoption of these new accountability mechanisms is likely to
have a positive effect, especially with respect to beneficiary em-
powerment. Nonetheless, these mechanisms are not a pan-
acea, and their impact will depend on specific social, political,
and economic contexts. Their adoption is also likely to bring
5. See Alex de Waal, Ethics in Translation: Principles and Power in the Phil-
anthropic Encounter, in GIVING WELL: THE ETHICS OF PHILANTHROPY, supra
note 1.
6. See Lief Wenar, Accountability in International Development Aid, 20 ETH-
ICS & INT’L AFF. 1, 7 (2006) (arguing that accountability can be expensive,
create distrust, impose formalities, and be dangerous to efforts to empower
the poor).
7. Thomas Pogge, How International NGOs Should Act, in GIVING WELL:
THE ETHICS OF PHILANTHROPY, supra note 1.
server05productnNNYI42-4NYI404.txt unknown Seq: 5 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1147
into sharper relief a number of deeper conceptual, philosoph-
ical, and ethical questions.
This paper proceeds as follows: we first address why ac-
countability matters for foreign aid and how debates and poli-
cies on this issue have evolved in recent years. We then ex-
amine the implications of the emergence of private foreign aid
for the existing framework of accountability in aid. Subse-
quently, we discuss the role of new technologies that are being
leveraged by the private sector to improve accountability in
foreign aid through rating service providers, remote monitor-
ing, and especially through enhanced beneficiary feedback
mechanisms. We finally conclude by arguing that private aid
should be seen as a complement and not a substitute for gov-
ernments. Private aid can “crowd-in” and induce local govern-
ments to provide better services via a demonstration effect, a
competition effect, and an “intrinsic pressure” approach that
empowers beneficiaries to exercise a greater voice.
II. ISSUES OF ACCOUNTABILITY IN FOREIGN AID
Accountability involves an assessment of the adequacy of
performance and the carrying out of a corrective action in
case of performance failure. It requires holders of power—
those with resources, whether material (money) or symbolic
(authority figures)—to “give an account” of the use of those
resources and, where necessary, to offer “corrective action.”8
The paradox of accountability is that, while power flows
upwards, the accountability that we ideally want for develop-
ment aid is at least partially downwards—from the powerful to
the less powerful.
Effective accountability derives from a process whereby in-
formation about the desirability, quality, or impact of an activ-
ity shapes the behavior of decision makers.9 The strength of
accountability is a function of three factors: motivation, infor-
mation, and authority.10
8. U.N. DEV. FUND FOR WOMEN [UNIFEM], PROGRESS OF THE WORLD’S
WOMEN 2008: WHO ANSWERS TO WOMEN? GENDER AND ACCOUNTABILITY 2
(2008).
9. The authors thank Mari Kuraishi and April Harding for key insights
in this section of the paper.
10. This framework is based on a discussion with April Harding and Wil-
liam Savedoff and is based on their work that is not yet published.
server05productnNNYI42-4NYI404.txt unknown Seq: 6 2-SEP-10 14:24
1148 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
For accountability to be effectively exercised, all three fac-
tors must be present and are usefully analyzed in the context
of a principal-agent problem.11 Both the “principal” and the
“agent” must have the following: an intrinsic desire or incen-
tive to take remedial action (motivation); adequate and accu-
rate information on which to base their actions; and the im-
plicit or explicit power (authority) to effect the desired out-
come through their actions.
Accountability is often invoked in the context of assigning
responsibility (and hence, sanctions) when something goes
wrong. For example, if a levee bursts, accountability is sought
by locating responsibility among those who designed, con-
structed, or maintained that levee. But accountability can be
more effective when it is used to shape behavior ex ante and
during project implementation rather than ex post. This
means finding out what is working and what is not, and re-
sponding accordingly. In this way, accountability can be a
powerful incentive for real-time or near real-time learning,
rather than simply a sanctioning mechanism.
The following analysis of the accountability chain demon-
strates the complexity of issues surrounding foreign-aid do-
nors. Broadly speaking, a principal delegates authority and re-
sources to one or more intermediaries which in turn hire and
delegate to one or more service providers. The overall goal is
to deliver improved welfare for beneficiaries, so the principals
receive information about the actual impact and take action if
the impact is not as intended. This means that there is a flow
of delegation as well as a flow of information with the account-
ability chain following the chain of delegation.12
11. Principal-agent dynamics arise when the “principal”—a person (or-
ganization) who wants something done—hires an “agent”—another person
(organization)—to carry out the work. Problems arise because of asymmet-
ric information and interests among the parties. Typically the principal
wants to bring about an outcome, while the agent is primarily concerned
with getting paid and/or avoiding sanction. For a fuller description see gen-
erally Joseph E. Stiglitz, Principal and Agent, in 6 NEW PALGRAVE DICTIONARY
OF ECON. 637-643 (2d ed. 2008).
12. Note that this is a stylized description of the accountability chain,
which can include many additional links. In some frameworks, for example,
the ultimate principals could be taxpayers, with the government itself being
an intermediary. For foundations, in theory the public interest is the “prin-
cipal” but in practice the principal, tends to be either the original funder (if
alive) or the board of trustees, with management being an intermediary.
server05productnNNYI42-4NYI404.txt unknown Seq: 7 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1149
Diagram: Flow of delegation:
Principal (Funder) → Intermediary(-ies) → Service Provider(s)
In this chain, the principal (generally the funder) can be
a foundation, an individual donor, or a government (which is
funded by taxpayers). The intermediary is an agent of the
funder, while the service providers are agents of the intermedi-
ary. The intermediary may be an official aid agency, a devel-
oping country government, or a nonprofit. Sometimes in-
termediaries, especially recipient governments and nonprofits,
act directly as service providers, but often they subcontract the
work to others. In the traditional model, a funder would seek
to hold an intermediary accountable for outcomes to benefi-
ciaries. If the outcomes for beneficiaries were not satisfactory,
the funder would take corrective action through sanctions or
other action against the intermediary. The intermediary, in
turn, would hold the service provider(s) accountable in the
same way.
One shortcoming of this chain is that information often
flows primarily from one link of the chain to the adjacent link
on either side:
Diagram: Flow of information:
Principal (Funder) ← Intermediary(-ies) ← Service Provider(s)
The adjacent link can either keep the information private
or modify the information before releasing it to other links in
the chain. This information tends to come slowly, as part of
periodic reporting cycles rather than in real time. As a result,
it is often too late to act on information about impact on bene-
ficiaries because the relevant activities are completed or too
far advanced to be effectively modified. In addition, the infor-
mation received is likely to be at best incomplete and biased.
Lant Pritchett has written eloquently on the disincentives for
passing accurate information up the chain.13 To avoid sanc-
tions, intermediaries and service providers have a strong in-
13. See, e.g., Lant Pritchett, It Pays to Be Ignorant: A Simple Political Economy
of Rigorous Program Evaluation, in REINVENTING FOREIGN AID 124 (William
Easterly ed., 2008) (arguing that advocates may be better off choosing igno-
rance over public knowledge of true program efficacy).
server05productnNNYI42-4NYI404.txt unknown Seq: 8 2-SEP-10 14:24
1150 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
centive to modify information to make beneficiary outcomes
appear more positive than they actually are.
What is conspicuously missing from this picture? The
beneficiaries. For a variety of reasons, including the cost of
communications, long distances, language, and attitudes, the
preferences of beneficiaries and their reactions to aid projects
have often been inferred by aid agencies rather than observed
or solicited directly. To be fair, central to the charter of agen-
cies such as the World Bank is that it will work through local
governments, which are assumed to effectively aggregate the
preferences of their citizens. Beginning in the 1990s, official
agencies made increased efforts to interact directly with the
intended beneficiaries,14 but this interaction has not become a
core part of how they operate.
Although there has been significant progress in benefici-
ary ownership of foreign-aid programs,15 the typical official aid
project remains a largely top-down undertaking. At its most
extreme, a project is designed in Washington or London fol-
lowing economic analyses by experts hired by the aid agency.
Increasingly, host governments are playing a greater role in
this process, but aid agencies continue to drive the agenda for
the most part.16 The host government then takes the money
and hires the service provider with close aid agency supervi-
sion. Often the agency itself hires the service provider di-
rectly. During implementation, the feedback loop is largely
confined within the trinity of the aid agency, the host govern-
ment, and the service provider. Sometimes there are refine-
ments to project designs based on these feedback loops, but
few projects are flexible enough to allow for major design
changes. Once projects are underway, there is occasionally a
14. See, e.g., DEEPA NARAYAN ET AL., VOICES OF THE POOR: CAN ANYONE
HEAR US? 15 (2000) (noting that the World Bank developed the Par-
ticipatory Poverty Assessment, which included significant input from the
world’s poor themselves).
15. In particular, the World Bank’s Poverty Reduction Strategy Paper
process requires governments to consult a wide variety of stakeholders. See,
e.g., World Bank, What Are PRSPs?, http://web.worldbank.org/WBSITE/
EXTERNAL/TOPICS/EXTPOVERTY/EXTPRS/0,,contentMDK:22283891~
pagePK:210058~piPK:210062~theSitePK:384201,00.html (last visited May 10,
2010). This was a major leap forward conceptually, even though the imple-
mentation of this approach often has been superficial or flawed.
16. See Pritchett, supra note 13.
server05productnNNYI42-4NYI404.txt unknown Seq: 9 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1151
protest against an official aid project by villagers or a protest by
an advocacy group on behalf of beneficiaries that comes to the
attention of the funders.17 But these are the exception rather
than the rule.
During the 1990s, the IMF and the World Bank re-
sponded to external criticisms of their top-down programs by
creating Poverty Reduction Strategy Papers (PRSPs), which
mandated ex ante consultations with civil society groups about
project priorities. However, the quality of this process and the
representativeness of the civil society groups involved has been
found to be inconsistent.18 With a few exceptions, direct input
from beneficiaries is not solicited.
Beneficiary feedback is, of course, not a panacea. The dif-
ficulties with multiple and possibly conflicting objectives
among funders and intermediaries has been extensively dis-
cussed elsewhere.19 While some progress can be made
through aligning objectives, clarifying roles, and disentangling
funding from service provision, conflicts will remain. For this
reason, accountability will continue to be mediated through a
variety of democratic or bureaucratic mechanisms. However,
there is significant scope to improve (a) the information flow-
ing into these accountability mechanisms and (b) the free
availability of that information to all links in the chain.
Given this scope for improvement, the issue of accounta-
bility in foreign aid began to gather steam in the 1990s. In
17. See, e.g., WORLD BANK INDEPENDENT EVALUATION GROUP, RECENT EXPE-
RIENCE WITH INVOLUNTARY RESETTLEMENT: INDONESIA – KEDUNG OMBO
(1998), available at http://lnweb90.worldbank.org/oed/oeddoclib.nsf/Doc
UNIDViewForJavaSearch/6C34C30D2054817D852567F5005D6224 (citing
“mountains of angry letters” in opposition to World Bank programs in Indo-
nesia).
18. For a review of the entire PRSP experience, see WORLD BANK INDE-
PENDENT EVALUATION GROUP, THE POVERTY REDUCTION STRATEGY INITIATIVE:
AN INDEPENDENT EVALUATION OF THE WORLD BANK’S SUPPORT THROUGH 2003
6 (2004), available at http://lnweb90.worldbank.org/oed/oeddoclib.nsf/24
cc3bb1f94ae11c85256808006a0046/6b5669f816a60aaf85256ec1006346ac/$
FILE/PRSP_Evaluation.pdf (discussing common external criticisms of PRSP
initiatives).
19. See, e.g., Owen Barder, Beyond Planning: Markets and Networks for Better
Aid 8 (Cent. for Global Dev., Working Paper No. 185, 2009), available at
http://www.cgdev.org/content/publications/detail/1422971/ (citing di-
verse additional objectives that organizations have besides poverty reduc-
tion).
server05productnNNYI42-4NYI404.txt unknown Seq: 10 2-SEP-10 14:24
1152 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
international development debates, there have been long
standing debates about the influence and impact of the IMF
and the World Bank on developing countries, raising ques-
tions about their accountability.20 Who are they accountable
to? Rich country governments that control these institutions
as a result of their dominant shareholding? Recipient country
governments who are the sovereign borrowers and accounta-
ble for repaying these loans? Or the impoverished people,
who are the ostensible beneficiaries and raison d’etre for these
institutions in the first place? And what are they accountable
for?
III. MEASURING ACCOUNTABILITY
Concerns over the effectiveness of publicly funded aid led
to calls for greater accountability in international development
aid, beginning with international financial institutions and
gradually encompassing bilateral international development
agencies. NGOs, who had lead the charge on the weak ac-
countability of these organizations, began facing questions on
their own legitimacy and accountability. As a trenchant cri-
tique in the Economist put it, NGOs “may claim to be acting in
the interests of the people—but then so do the objects of their
criticism, governments and the despised international institu-
tions. In the West, governments and their agencies are, in the
end, accountable to voters. Who holds the activists accounta-
ble?”21
In principle, the funding allocation decisions of NGOs
could either be driven by recipient needs or the NGOs’ own
organizational self-interest (defined broadly), or some mix of
the two. An analysis of forty leading U.S.-based transnational
NGOs lends some support to the former view: the country allo-
cations of these NGOs were in congruence with objective de-
velopment needs.22 However, just because funds appear to go
20. See Ngaire Woods, Holding International Institutions to Account, 17 ETH-
ICS & INT’L AFF. 69 (2003) (citing regular protests advocating for greater
accountability during IMF meetings).
21. Angry and Effective, THE ECONOMIST, Sept. 23, 2000, at 85.
22. See Tim B¨uthe, Solomon Major & Andr´e de Mello e Souza, The Politics
of Private Development Aid: Serving Recipient Needs or Donor Interests? 16 (2009),
http://www.duke.edu/~buthe/downloads/BMdMeS_PrivateAid_Nov09.pdf
(describing characteristics of donor countries).
server05productnNNYI42-4NYI404.txt unknown Seq: 11 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1153
to poor countries does not necessarily imply that funds go to
poor people: studies in Bangladesh and Uganda have found
that NGOs do not locate in the neediest communities.23 Per-
haps even more importantly, there is no clear evidence that
private foreign aid programs achieve their intended goals. An
OECD survey found little reliable evidence on the impact of
NGO development projects and programs. Only rarely do
publicly available program evaluations from NGOs contain rig-
orous statistical analysis or report negative outcomes.24 As an-
other study points out, “the paucity of clear, objective evalua-
tions should not be particularly surprising. It is in neither the
interests of the NGOs nor the official donor agency (complicit
as a funder) to publicize less-than-stellar results.”25
Studies on the accountability of private philanthropy have
focused on performance metrics and mechanisms to improve
accountability. Table 3 summarizes some of the metrics used
to measure performance in non-profits. The key mechanisms
are (a) reports and disclosure statements, (b) performance as-
sessments and evaluations, (c) participation, (d) self-regula-
tion, and (e) social audits.26 Each mechanism can be evalu-
ated along three dimensions: upward-downward, internal-
external, and functional-strategic. Many studies have com-
mented that accountability measures in NGOs prioritize the
needs of the donor over those of the other stakeholders.27 For
23. See Anna Fruttero & Varun Gauri, The Strategic Choices of NGOs: Loca-
tion Decisions in Bangladesh, 41 J. DEV. STUD. 759, 761 (2005) (discussing the
common practice of NGOs locating themselves in major cities within Ban-
gladesh); Abigail Barr, Marcel Fafchamps, & Trudy Owens, The Governance of
Non-Governmental Organizations in Uganda, 33 WORLD DEV. 657, 673 (2005)
(citing studies that NGOs are not often located in the poorest areas of the
poorest countries).
24. See Organisation for Economic Co-operation and Development,
Searching for Impact and Methods: NGO Evaluation Synthesis Study (1997), availa-
ble at http://www.valt.helsinki.fi/ids/ngo/ (stating that very few rigorous
studies examine improvements in the lives and livelihoods of the benefi-
ciaries).
25. Eric D. Werker & Faisal Z. Ahmed, What Do Nongovernmental Organiza-
tions Do?, 22 J. OF ECON. PERSP. 73, 87 (2008) (citing ROGER C. RIDDELL ET
AL., NON-GOVERNMENTAL ORGANIZATIONS AND RURAL POVERTY ALLEVIATION
(1995)).
26. Alnoor Ebrahim, Accountability in Practice: Mechanisms for NGOs, 31
WORLD DEV. 813, 815 (2003).
27. See Lisa Jordan, Mechanisms for NGO Accountability 7 (Global Pub. Pol’y
Inst., Research Paper No. 3, 2005) available at http://www.gppi.net/filead
server05productnNNYI42-4NYI404.txt unknown Seq: 12 2-SEP-10 14:24
1154 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
TABLE 3. ACCOUNTABILITY METRICS USED BY
VARIOUS NONPROFITS
Name of Approach Used Description
Organization
Acumen Fund BACO Ratio (Best Quantifies an investment’s social
Available impact and compares it to the
Charitable universe of existing charitable options
Option) for that explicit social issue
Center for High Cost per impact Assesses the “good” of a philanthropic
Impact Philanthropy investment in terms of its relevant
at the University of components: social impact (as
Pennsylvania measured by objective, predetermined
criteria) and cost
Robin Hood Benefit-Cost ratios A monetization approach that
Foundation, New converts impact into dollars by
York City measuring aggregate benefit to poor
people (measured in part by the
projected boost in future earnings)
REDF, San Social Return on Identifies direct, demonstrable cost
Francisco (now also Investment savings and revenue contributions
used by the New (SROI) associated with an individual’s
Economics employment in a social purpose
Foundation, UK) enterprise
McKinsey and Co. McKinsey Capacity A tool designed to help nonprofit
Assessment Grid organizations assess their
organizational capacity
Humanitarian HAP Standard in Certification requires that an agency
Accountability Humanitarian demonstrate that it meets the six
Partnership (HAP) Accountability and benchmarks and nineteen
Quality requirements in the HAP Standard;
Management includes documentation, transparency
and monitoring, and evaluation
reports
The Sphere Project Sphere The handbook outlines eight
Humanitarian minimum standards and “key
Charter and indicators” to show whether the
Minimum standard has been attained
Standards in
Disaster Response
Foreign Aid Ratings Foreign Aid Extensive evaluation of organizations
LLC Certification and on five criteria: transparency, social
Social Value impact, financials, institutional
Ratings development, and DME*
One World Trust Proprietary Index The index is based on criteria such as
for ranking transparency and participation
organizations
Millennium Candidate Evaluates policy performance of
Challenge Country Scorecard countries on three broad policy
Corporation (US categories: Ruling Justly, Investing in
Govt) People, and Encouraging Economic
Freedom
* DME: Design, Monitoring, and Evaluation
server05productnNNYI42-4NYI404.txt unknown Seq: 13 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1155
example, the accountability tools of reports and disclosure
statements reflect “upward” accountability to oversight agen-
cies, are “externally” induced by legal and tax requirements,
and are “functional” in the sense that they are directed toward
short-term outcomes. On the other hand, community partici-
pation is an accountability process that reflects “downward” ac-
countability through the involvement and inherent feedback
of beneficiaries, is “internally” induced insofar as it is a choice
on the part of the NGO to involve the community, and can be
considered “strategic” in the sense that it seeks long-term legit-
imacy of the NGO in the eyes of beneficiaries and funders.
Within this framework, Ebrahim argues that accountabil-
ity in practice has emphasized “upward” and “external” ac-
countability to donors while “downward” and “internal” mech-
anisms remain comparatively underdeveloped. Moreover,
NGOs and funders have focused primarily on short-term
“functional” accountability responses at the expense of longer-
term “strategic” processes necessary for lasting social and polit-
ical change.28 However, this is one of many trends that is
likely to change with new technologies that enable community
feedback. These trends are examined later in Section V.
Despite the increased emphasis on data-driven accounta-
bility processes, this continues to be rare in the NGO sector.
As one critique points out, even though “evaluation is com-
monly espoused as a tenet of good NGO work, the collective
body of industry evaluations reveals very little about their ac-
tual impact.”29 Indeed, an analysis of foreign funding of de-
mocracy-building NGOs in Eastern Europe found that interna-
tional NGOs may have created domestic offshoots that were
well-funded but weak in grassroots support.30 Some have even
argued that “as media-savvy organizations hungry for publicity,
NGOs are often ill suited to dealing with long-term issues.”31
Many transnational NGOs do not have strong democratic
min/gppi/Jordan_Lisa_05022005.pdf (stating that it is more often donors
who request greater accountability from NGOs than other stakeholders).
28. See Ebrahim, supra note 26, at 815 (distinguishing between functional
accountability and strategic accountability).
29. Werker & Ahmed, supra note 25, at 87.
30. See id. at 86 (citing critical literature of democracy-building NGOs in
Eastern Europe).
31. Vivien Collingwood, Non-governmental Organisations, Power and Legiti-
macy in International Society, 32 REV. INT’L STUD. 439. 450 (2006) (citing COM-
server05productnNNYI42-4NYI404.txt unknown Seq: 14 2-SEP-10 14:24
1156 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
processes, public accountability, or levels of representative-
ness, and therefore do not frame their accountability in these
terms. Instead, they frame their accountability with reference
to specific values and causes such as refugees, human rights,
and human trafficking.32
IV. THE EMERGENCE AND IMPLICATIONS OF PRIVATE
FOREIGN AID
In the current and foreseeable economic climate, foreign
aid as it is traditionally defined—government funded and im-
plemented—is unlikely to grow in significant way, not only be-
cause of resource limitations but also because of a widespread
belief that it is ineffective.33 Critics argue that, because of the
conflicting motivations of government-funded foreign aid, the
development aspects are shortchanged, and hence its impact
on the poor is rather limited.
In contrast, privately funded foreign aid has been growing
in recent years.34 Indeed, the role of private actors in foreign
aid programs has been longstanding. Government funded aid
programs have subcontracted their aid management and im-
plementation functions to private contractors and NGOs, and
religious charities such as Catholic Relief Services and Lu-
theran World Relief have been providing aid since World War
II. What is different now, however, is the growth of secular
forms of privately funded and implemented cross-border phi-
lanthropy. According to one estimate, more than 60 percent
of the nearly $27 billion budget of international development
NGOs in 2005 came from private sources.35
PASSION AND CALCULATION: THE BUSINESS OF PRIVATE FOREIGN AID (David
Sogge, Kees Biekart & John Saxby eds., 1996)).
32. See generally Anton Vedder, ‘Non-State Actors’ Interference in the Interna-
tional Debate on Moral Issues – Legitimacy and Accountability, in THE WTO AND
CONCERNS REGARDING ANIMALS AND NATURE (Anton Vedder ed., 2003) (dis-
cussing the problems that arise from the multitude of potentially conflicting
moral causes).
33. See generally WILLIAM EASTERLY, THE WHITE MAN’S BURDEN: WHY THE
WEST’S EFFORTS TO AID THE REST HAVE DONE SO MUCH ILL AND SO LITTLE
GOOD (2006) (arguing that Western aid to the developing world is ineffec-
tive at best and harmful at worst).
34. See CTR. FOR GLOBAL PROSPERITY, supra note 4, at 18 (showing a dra-
matic growth in privately funded foreign aid, in absolute terms and in rela-
tion to other forms of foreign aid).
35. B¨uthe, supra note 22, at 1.
server05productnNNYI42-4NYI404.txt unknown Seq: 15 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1157
One strand of the privatization of foreign aid has been
the emergence of what has been termed “supraphilanthropy,”
in which large private foundations intervene in aid and devel-
opment to achieve very specific goals. This new agenda incor-
porates elements of “new public management” that involve ap-
plying management concepts originating in the for-profit sec-
tor, such as utilizing quantifiable metrics to assess outcomes.36
Even the venerable Gates Foundation, the quintessential
supraphilanthropic organization, has been criticized for its
lack of transparency and weak governance, and for prioritizing
funding on diseases that are not necessarily the greatest bur-
den, investing in diseases instead of health systems, focusing
too heavily on technology, and having a funding bias toward
organizations from the U.S. and U.K.37 Moreover, it has been
accused of pandering to Bill Gates’ shifting priorities of what is
important in the world of development and health. This
should not be surprising. All foundations shift their priorities
in line with the changing interests and views of their funders.
However, since the Gates Foundation receives public subsidies
in the form of tax exemptions, these limitations have led crit-
ics such as David McCoy to argue that “there should also be an
expectation that the foundation is subject to some public scru-
tiny.”38
In another example of the legitimacy of an NGO being
called into question, Timothy Ogden, the editor-in-chief of the
online journal Philanthropy Action, recently criticized Kiva, stat-
ing that the organization is trying “to make the illusion of per-
son-to-person contact much more believable. The problem is
that they are no more connecting donors to people than the
child sponsorship organizations of the past did.”39 Until bet-
36. Paul Stubbs, International Non-State Actors and Social Development Policy,
3 GLOBAL SOC. POL’Y 319, 338 (2003).
37. See David McCoy, Gayatri Kembhavi, Jinesh Patel & Akish Luintel, The
Bill & Melinda Gates Foundation’s Grant-Making Programme for Global Health,
373 LANCET 1645, 1648 (2009) (citing statistics that show most funding for
universities go to U.S. and U.K. institutions).
38. Id. at 1652.
39. Stephanie Strom, Confusion on Where Money Lent via Kiva Goes, N.Y.
TIMES, Nov. 9, 2009, at B6. But see Raj M. Desai & Homi Kharas, Do Philan-
thropic Citizens Behave Like Governments? Internet-Based Platforms and the Diffu-
sion of International Private Aid 3 (Brookings Inst., Working Paper No. 12,
2009) (claiming that “internet-based aid offers a more direct connection be-
tween giver and recipient”).
server05productnNNYI42-4NYI404.txt unknown Seq: 16 2-SEP-10 14:24
1158 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
ter accountability mechanisms are instituted, the legitimacy of
development NGOs will be increasingly questioned.
Much of the debate on accountability has centered on
motivation (incentives) and authority (clarifying roles and
power). Enhancing motivation and authority can increase the
exercise of accountability. But good accountability also requires
good information, and this is where private aid40 offers exciting
possibilities. Private aid—especially from newer and smaller
funders—is likely to drive innovations in information for two
reasons. First, private funders will have to generate their own
information because the traditional sources of information41
on aid activities are often unavailable to them. Second, private
funders often make decisions using different types of informa-
tion than the data supposedly used by official agencies and
governments. As we will see, new technologies and ap-
proaches in private aid are creating new feedback mechanisms
that could hopefully migrate to official funders as well.
In the marketplace, competition (choice) is one way to
achieve accountability. For instance, in the business world, it
takes an average of fifty-eight ideas to successfully launch one
product.42 And once a successful product is introduced, it is
periodically updated to respond to customer feedback. The
companies that are most effective at experimenting with new
ideas and updating their products succeed more often against
their competitors. Companies that fail to develop rapid-cycle
experimentation and design refinement decline or go out of
business, paving the way for new, innovative companies to
enter the market.43
40. We use the term private aid to include philanthropy from individuals,
foundations, and corporations.
41. Such sources include formal databases and evaluation reports by offi-
cial agencies such as the UN and World Bank, the tacit information inherent
in long experience in the field by older foundations, and the network of
social connections that larger and older funders can draw on for informa-
tion about potential project designs or grantees.
42. Albert L. Page, Assessing New Product Development Practices and Perform-
ance: Establishing Crucial Norms 10 J. PROD. INNOVATION & MGMT. 273, 284
(1993).
43. For an index of the Fortune 500 companies among the top ten in
1990 until the end of the decade, see Fortune 500, FORTUNE, available at
http://money.cnn.com/magazines/fortune/fortune500/2010/index.html
(last visited June 15, 2010). Open competition meant that successful new-
server05productnNNYI42-4NYI404.txt unknown Seq: 17 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1159
No such dynamic exists in the official aid sector, where
exit and entry are rare. Until recently, new entrants into the
private aid sector were also infrequent, but this has changed
over the past decade with an influx of money from new philan-
thropists and the emergence of new private aid platforms
based on new technology tools. These new tools generate
richer information with shorter time cycles, thus improving
the quality and timeliness of feedback about what works and
what does not.44
Even though the larger foundations increasingly empha-
size measurement and data,45 surveys consistently show that
among individual donors the primary motivation for giving de-
cisions is word-of-mouth.46 The recommendations and opin-
ions of friends, trusted people, and trusted intermediaries are
the main drivers of allocation decisions.47 Trusted people may
include experts in the field or, in the church context, mission-
aries who spend most of their time in the field. Trusted in-
termediaries include large nonprofits, whose recommenda-
comers displaced the rest. Authors’ analysis based on data published in For-
tune Magazine.
44. An example is the Institute for Health Metrics and Evaluation
(IHME) at the University of Washington, created in July 2007 “to improve
the health of the world’s populations by providing the best information on
population health.” Institute for Health Metrics and Evaluation, http://
www.healthmetricsandevaluation.org/who/vision.html (last visited May 7,
2010). In addition to offering comprehensive time-series data on global
health spending, it aims to provide in-depth analysis of the performance of
these projects. Given that private philanthropic giving—which represents
almost a third of all health aid—was not being systematically monitored, the
IMHE’s efforts are an important step toward greater accountability in for-
eign aid directed toward health.
45. See Claire Cain Miller, A New Tool for Venture Philanthropists, N.Y.
TIMES, Sept. 25, 2008, available at http://bits.blogs.nytimes.com/2008/09/
25/a-new-tool-for-venture-philanthropists (citing tools to assess grantees and
set benchmarks for measuring social impact).
46. See KATYA ANDRESEN, ROBIN HOOD MARKETING: STEALING CORPORATE
SAVVY TO SELL JUST CAUSES 145 (2006) (discussing reasons for individuals to
give feedback and opinions).
47. See CTR. ON PHILANTHROPY AT IND. UNIV., 2008 STUDY OF HIGH NET
WORTH PHILANTHROPY: ISSUES DRIVING CHARITABLE ACTIVITIES AMONG AFFLU-
ENT HOUSEHOLDS 62 (2008) (citing statistics that high-net-worth households
were more likely to consult with accountants and attorneys when making
charitable decisions, and increasingly more likely to consult with peers or
peer networks).
server05productnNNYI42-4NYI404.txt unknown Seq: 18 2-SEP-10 14:24
1160 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
tions and opinions are included in solicitations and newslet-
ters.
Recent reports suggest that individuals are not the only
players that depend upon informal processes in making alloca-
tion decisions. For example, the Gates Foundation has been
criticized for distributing grants “through an informal system
of personal networks and relationships rather than by a more
transparent process based on independent and technical peer
review.”48 It could be argued that a private foundation or do-
nor is entitled to its own agenda and funding mechanisms. Af-
ter all, normative beliefs inform all individual giving decisions
to some degree. However, the question of accountability be-
comes more germane when the very size of the private donor
(such as the Gates Foundation) gives it unrivaled influence in
shaping and defining the foreign aid agenda.49
V. TECHNOLOGY ENABLED MARKETPLACES IN PRIVATE AID
The good news is that technological advances have made
possible new mechanisms for ensuring accountability in giv-
ing. However, these new mechanisms are only just beginning
to emerge. While there are no silver bullets, this paper argues
that these mechanisms have the potential to significantly ad-
vance the effective exercise of accountability in foreign aid.
It seems that the trend for increased private giving is here
to stay. In addition to large foundations such as the Bill & Me-
linda Gates Foundation, new “marketplaces” for aid and
microfinancing, such as GlobalGiving and Kiva,50 are making
it far easier for regular people to conduct what Nicholas Kris-
toff calls “do-it-yourself foreign aid.”51 This trend allows pri-
vate donors to direct their funds to specific uses in the devel-
oping world and then to track their impact. Initiatives such as
the Acumen Fund are using venture capital approaches to in-
vest in companies overseas whose missions are to improve lives.
Overall, the buzz of entrepreneurs, business techniques, ven-
48. McCoy, supra note 37, at 1650.
49. See id. at 1651 (discussing the shaping of policies on core health sys-
tems issues).
50. See generally GlobalGiving, http://www.globalgiving.org (last visited
May 7, 2010); Kiva, http://www.kiva.org (last visited May 7, 2010).
51. Nicholas D. Kristof & Sheryl WuDunn, Do-It-Yourself Foreign Aid, N.Y.
TIMES MAG., Aug. 23, 2009, at MM38.
server05productnNNYI42-4NYI404.txt unknown Seq: 19 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1161
ture capital models of social investing, promising startups, and
funding models conditional on performance has created a
strong belief that private foreign aid is much more creative,
effective, and accountable. But how valid is this belief?
New private aid actors are piloting technology that holds
the potential to radically change the way that information
flows and accountability are exercised. This technology in-
creasingly makes it possible for principals to (a) observe bene-
ficiary outcomes much more directly and quickly and/or (b)
hear directly from beneficiaries regarding their own satisfac-
tion with the outcomes.
A. Case Study: GlobalGiving
GlobalGiving is a prime example of a private aid market-
place made possible by the internet and other technologies.
Based on referrals and internal due diligence, GlobalGiving
selects community-based organizations in over seventy coun-
tries to list projects on its site. Donors browse these projects,
see the impact that different levels of funding can have, and
then make donations to specific projects in amounts ranging
from $10 to $200,000. Project leaders must make quarterly
progress reports, which are posted on the site and emailed to
donors. Donors and website visitors are then able to comment
on project updates. To date, more than 110,000 individual do-
nors, along with many private companies and foundations,
have provided $30 million in funding to 2,800 projects. Data
on the mix of projects funded through GlobalGiving can be
found in Table 4.
Private aid can create strong accountability pressure
through its method of project selection by leveraging networks
of relationships. When combined with new technology plat-
forms, these networks can create strong ex ante pressures for
quality and can also (at least theoretically) create incentives to
support success during implementation. Thus, GlobalGiving
depends heavily on formal and informal networks to validate
the quality of organizations that are permitted to list projects
on the marketplace. In the early stages, nearly all organiza-
tions listing projects on GlobalGiving had to be formally spon-
sored by a reputed international field-based organization with
which GlobalGiving had a legal agreement. The sponsoring
organizations would refer community-based organizations with
server05productnNNYI42-4NYI404.txt unknown Seq: 20 2-SEP-10 14:24
1162 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
TABLE 4. GLOBALGIVING PROJECT DATA
percent percent
average
frequency (of total that have
$ goal
2,563) closed
education 759 29.6 27.3 $63,737
health 461 18.0 35.6 90,899
economic development 385 15.0 35.8 78,810
gender issues 196 7.7 35.7 59,781
environment 188 7.3 26.6 77,299
children 176 6.9 38.6 60,965
human rights 141 5.5 36.9 70,120
disaster relief 54 2.1 29.6 85,454
climate 52 2.0 26.9 60,291
technology 49 1.9 38.8 144,373
finance 32 1.3 43.8 122,755
democracy 31 1.2 29.0 108,284
sports 25 1.0 24.0 89,563
animals 13 0.5 7.7 63,091
humanitarian 1 0.1 100.0 6,000
Number of one-time donors: 64,591
Number of one-time donors to a specific project (perhaps donated again to
other projects): 88,523
which they had worked in the past and in whom they had con-
fidence in terms of leadership and project quality. Since the
names of these sponsoring organizations appeared publicly on
the home pages of the projects they sponsored on GlobalGiv-
ing, the sponsoring organizations had an incentive to preserve
their reputations by referring high-quality organizations—and
also by keeping an eye on the projects during implementation.
Often, donors on GlobalGiving will decide to support a
small community-based project organization because they rec-
ognize and trust its sponsor. Once listed on GlobalGiving,
project organizations begin building a track record on the site
that donors can see. This track record enables the small pro-
ject organization to build a reputation of its own, and it creates
a self-reinforcing incentive for performance. As the
GlobalGiving marketplace grows, even donors who are not
transacting through the marketplace are beginning to check
out organizations’ track record on GlobalGiving.
B. Greater public awareness and fundraising ability
New social media outlets are emerging as an alternative
forum for fundraising and enhancing interest in the work of
server05productnNNYI42-4NYI404.txt unknown Seq: 21 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1163
nonprofit organizations. There are many variations on the ba-
sic theme of connecting with individuals with charities
through social media. These include applications on
Facebook, Twitter feeds, blogging, virtual fundraising events,
and expanded online presence on popular sites like YouTube.
Facebook alone, with its Causes application, has allowed at
least 25 million users to express their support for at least one
cause.52 Twitter, the other social media giant, has had success
both online and offline by allowing charities to solicit dona-
tions and organize real fundraising events called Twestivals to
further engage their supporters. Twitter’s biggest Twestival
fundraising success story is raising over $250,000 for “charity:
water,” a nonprofit organization that has had considerable suc-
cess with leveraging social media.53
With Twitter followers and Facebook friends acting as cur-
rency in the world of social media, there have been several
innovative attempts to use the vast online networks of the ma-
jor online influencers. The actor Hugh Jackman recently an-
nounced that he would give $100,000 to a charity whose sup-
porter could convince him of its worth in the span of a “tweet,”
which is 140 characters, or about twenty words.54 While this
may seem outlandish, it is in some ways the compressed ver-
sion of what any philanthropist does when she chooses to
make a donation. Pepsi recently decided to forgo advertising
on the Super Bowl, and instead give away $20 million to social
projects selected by popular voting on its website.55
52. See Kim Hart & Megan Greenwell, To Nonprofits Seeking Cash, Facebook
App Isn’t so Green, WASH. POST, Apr. 22, 2009, at C1 (citing data showing that
more than 25 million Facebook users have signed on as supporters of at least
one cause).
53. See Amanda Rose, Twestival Raises over $250k and Counting, MASHABLE,
Feb. 18, 2009, http://www.mashable.com/2009/02/18/twestival-results/
(reporting on result of first Twestival on raising funds for charity); see also
Twestival, Frequently Asked Questions, http://twestival.com/faq/ (stating
that the first Global Twestival raised more than $250,000 through online
donations) (last visited Apr. 11, 2010).
54. Bonnie Malkin, Hugh Jackman Makes $100,000 Charity Pledge on
Twitter, DAILY TELEGRAPH (LONDON), Apr. 15, 2009, available at http://www.
telegraph.co.uk/technology/twitter/5156504/Hugh-Jackman-makes-10000-
charity-pledge-on-Twitter.html.
55. See generally Refresh Everything, http://www.refresheverything.com
(last visited May 7, 2010).
server05productnNNYI42-4NYI404.txt unknown Seq: 22 2-SEP-10 14:24
1164 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
At one level, the social media phenomenon is not that dif-
ferent from older initiatives for fundraising, such as charity
marathons, auctions, “ladies-who-lunch” luncheons, and vol-
unteers on the street. It merely harnesses newer, more viable
technologies while continuing to speak to people’s interests.
What is distinct, however, is the vast network of supporters gar-
nered by the nonprofit organization or cause. It is the sup-
porter networking capabilities of these new technologies that
stand to have the greatest impact on the accountability and
effectiveness of development and aid organizations.
Committed supporters who broadcast their support for
the cause du jour to their networks of friends are giving more
than money or time. As Randi Zuckerburg of Facebook puts it,
these supporters are giving their reputations to the charity,
which, in turn, can make them feel more invested in the pro-
cess.56 Although for many users, the very ease of connecting
with nonprofit organizations through social media allows them
to get away without engaging deeply with the issues at hand (a
trend pejoratively termed “slacktivism”), these networks are so
large that, even if a small percentage monitors what happens
to the funds, the level of scrutiny—and consequent effects on
accountability—will be unprecedented.
Other technologies, such as “text-to-give” by cell phone,
have also attracted attention lately. It was reported that the
American Red Cross raised $10 million in less than four days
through this channel after the earthquake in Haiti.57
VI. THREE NEW MECHANISMS FOR GREATER ACCOUNTABILITY
It is probably too early to really gauge the success of pri-
vate aid arising from social media users and its contributions
to enhancing accountability. But we can examine the chan-
nels through which increased accountability is likely to occur.
They fall into three broad categories: ratings of intermediaries
and service providers, remote monitoring, and community
feedback. Although the first two of these categories hold sig-
nificant promise and are discussed briefly below, this article
will focus more on community feedback, since such feedback
56. Brad Stone, Clicking for a Cause, N.Y. TIMES, Nov. 11, 2009 at F10.
57. Karin Zeitvogel, Mobile Relief: Americans Text Aid to Haiti, AGENCE
FRANCE PRESSE, Jan.15, 2010, available at http://www.google.com/hosted
news/afp/article/ALeqM5hsJuKebFn2J1dGz3FRlzNzC95RSg.
server05productnNNYI42-4NYI404.txt unknown Seq: 23 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1165
contains information on ex ante preferences as well as judg-
ments about outcomes, and, in the authors’ view, raises the
most profound questions about accountability and the democ-
ratization of the aid process.
Groups such as those discussed below have begun to rate
intermediaries and service providers on a range of input, out-
put, and occasionally outcome measures for the organization
as a whole. Remote monitoring refers to the ability of the
principal to directly observe the impact of a project through
methods such as satellite images. Google Earth58 and related
services discussed below are making it possible for principals
to corroborate information on impact provided by in-
termediaries, especially for projects that result in physical im-
pacts or outputs.
Community feedback refers to the collection of informa-
tion directly from beneficiaries and other stakeholders (in-
cluding funders and experts not working for the principal or
intermediaries). This information can be collected ex ante
(“What kind of project do you think has the highest priority
for the community?”) or ex post (“How well did that project
work?”). It can even be collected during implementation
(“How well is the project going? Does it need modification?”).
While in principle these are distinct accountability chan-
nels, the rise of new online marketplace mechanisms promises
to unite these new strands of information flows. Examples of
these mechanisms include GlobalGiving, GiveIndia, Donor-
sChoose, Help Argentina, Kiva,59 and many others around the
world.60 In each case, they enable new service providers to list
projects that can be selected and supported by any funder in
the world. These marketplaces are by their nature focused on
the type of information that help funders make good deci-
sions, and they are constantly experimenting with new fea-
tures.
58. See generally Google Earth, http://www.earth.google.com (last visited
May 7, 2010).
59. See generally Give India, http://www.giveindia.org (last visited May 7,
2010); Donors Choose, http://www.donorschoose.org (last visited May 7,
2010); Help Argentina, http://www.helpargentina.org (last visited May 7,
2010); Kiva, www.kiva.org (last visited May 7, 2010).
60. See, e.g., BetterPlace, http://www.betterplace.org (last visited May 7,
2010).
server05productnNNYI42-4NYI404.txt unknown Seq: 24 2-SEP-10 14:24
1166 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
A. Ratings of service providers
Several groups in the U.S. have already begun to provide
information about independent ratings of nonprofit service
providers. This approach is akin to Consumer Reports’ rating
of service reliability of different brands and helps the principal
determine whether funding an organization is likely to result
in a positive impact. Competition among these groups is re-
sulting in innovations that improve quality and relevance of
the ratings over time. These organizations include
Guidestar,61 which makes available broad financial and legal
information about many U.S. nonprofits, Charity Navigator,62
which provides ratings of one to four stars for a select group of
nonprofits, and GiveWell,63 which provides in-depth analysis of
certain programs and initiatives. Philanthropedia64 ranks non-
profits based on an aggregation of reviews by nonprofit profes-
sionals.
These efforts are relevant to accountability in foreign aid
for two reasons. First, all of these platforms offer funders inde-
pendent information about U.S. intermediaries and service
providers—something that is not available to the foreign aid
sector. The official aid agencies and even large nonprofits
have effectively muffled outside pressure for better accounta-
bility by creating costly in-house evaluation mechanisms that
tend to operate with different methodologies and whose find-
ings are often carefully framed before release.65
Second, the rating agencies themselves have been forced
to innovate by competition and by market signals related to
what principals care about. For example, Charity Navigator
used to rank nonprofits largely based on overhead costs. How-
ever, after many users and competitors in the marketplace
61. See generally Guidestar, http://www2.guidestar.org (last visited May 7,
2010).
62. See generally Charity Navigator, http://www.charitynavigator.org (last
visited May 7, 2010).
63. See generally Give Well, http://www.givewell.org (last visited May 7,
2010).
64. See generally My Philanthropedia, http://www.myphilanthropedia.org
(last visited May 7, 2010).
65. See Pritchett, supra note 13, at 140 (arguing that organizations engage
in strategic ignorance and will generate enough evaluation to allow for effec-
tive intervention and maintain the persuadability of key stakeholders, but
not so much evaluation that necessary support is lost).
server05productnNNYI42-4NYI404.txt unknown Seq: 25 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1167
noted that overhead costs were a very poor proxy for effective-
ness, Charity Navigator was forced to change its methodology.
This move was applauded by its competitors, who believe that
the change helps advance the popular conception of account-
ability and enables the different organizations to focus on
more relevant indicators.66
B. Remote monitoring
The rapid decline in the cost of audio and video record-
ing devices, the ability to transmit the information over the
internet, and the availability of such free or low-cost tools such
as Google Earth enable funders to get much more raw data
about what is actually happening on the ground and to make
sense of that data by using annotation and sharing features in
tools such as Google Maps.67 These new information sources
help funders reduce the principal-agent problems inherent in
funding activities through service providers, since funders are
now able, in some cases, to directly observe the impact of the
activities they are funding. A recent example of this is a tool
called FORMA (Forestry Monitoring for Action), developed by
the Center for Global Development and the government of
Denmark.68 It uses satellite imagery to produce monthly maps
of deforestation down to a very small scale. Another example
is the use of satellite images by the World Agroforestry Centre
in Nairobi, Kenya to promote better use of fertilizer in African
agriculture projects.69 These tools tend to be most effective in
monitoring the impact of physical outputs rather than projects
involving personal interactions. Recently, the availability of
cheap cameras (and camera phones) has allowed for monitor-
66. See Philanthropy Action, The Worst (and Best) Way to Pick a Charity This
Year 2 (2009), http://www.philanthropyaction.com/documents/Worst_
Way_to_Pick_A_Charity_Dec_1_2009.pdf (discussing changes to Charity
Navigator’s system, which will now focus more heavily on the charity’s effec-
tiveness and transparency).
67. See generally Google Maps, http://maps.google.com (last visited May
7, 2010).
68. See generally Ctr. for Global Dev., Forest Monitoring For Action,
http://www.cgdev.org/section/initiatives/_active/forestmonitoringforac
tionforma (last visited Apr. 10, 2010).
69. See Agriculture and Satellites: Harvest Moon, THE ECONOMIST, Nov. 7,
2009, at 75 (explaining how prescriptions for growing crops can be obtained
quickly and less expensively by measuring electromagnetic radiation re-
flected from farmland via orbiting satellites).
server05productnNNYI42-4NYI404.txt unknown Seq: 26 2-SEP-10 14:24
1168 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
ing personal interactions. In India, an experiment to reduce
teacher absenteeism provided teachers with a camera with a
tamper-proof date and time function, along with instructions
to have one of the children photograph the teacher with other
students at the beginning and end of the school day. The time
and date stamp on the photographs were used to track teacher
attendance which was then linked to her/his salary. The result
was an immediate decline in teacher absenteeism and, over
time, positive child learning outcomes.70
C. Community feedback71
The popularity of community feedback on sites ranging
from commercial sites like eBay72 and Amazon73 to pure rat-
ings sites like TripAdvisor74 and Yelp75 has led to the adoption
of similar mechanisms on sites related to private aid. Even
before the advent of online feedback mechanisms, the Keca-
matan Development Project in Indonesia pioneered a system
of providing transparent information to villagers about local
aid projects and their costs, and solicited feedback from the
villagers themselves.76 This transformed the accountability
chain in this program.
About five years ago, GlobalGiving began to encourage
donor feedback on progress updates posted by community ser-
vice providers. Many other online marketplaces now do the
70. See Esther Duflo & Rema Hanna, Monitoring Works: Getting Teachers
to Come to School 29 (2006), http://poverty-action.org/sites/default/files/
MonitoringWorks.DufloHanna.2006.pdf (citing opportunity costs of de-
creased teacher absenteeism).
71. The authors thank Marc Maxson for input and ideas on this section
of the paper.
72. See generally eBay, http://www.ebay.com (last visited May 7, 2010).
73. See generally Amazon, http://www.amazon.com (last visited May 7,
2010).
74. See generally Trip Advisor, http://www.tripadvisor.com (last visited
May 7, 2010).
75. See generally Yelp, http://www.yelp.com (last visited May 7, 2010).
76. See Scott Guggenheim, Crises and Contradictions: Understanding the Ori-
gins of a Community Development Project in Indonesia, in THE SEARCH FOR EM-
POWERMENT: SOCIAL CAPITAL AS IDEA AND PRACTICE AT THE WORLD BANK 111,
112 (Anthony J. Bebbington, Michael Woolcock, Scott Guggenheim & Eliza-
beth A. Olson eds., 2006) (arguing that the Kecamantan Development Pro-
ject, funded by the World Bank, supports development plans made and ap-
proved by communities).
server05productnNNYI42-4NYI404.txt unknown Seq: 27 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1169
same. The GlobalGiving website has permitted comments by
donors, beneficiaries, and intermediaries themselves for sev-
eral years, and in 2009 it piloted and structured initiative to
solicit beneficiary feedback, with encouraging results in Ke-
nya.77
A new startup called Great Non-Profits78 is collaborating
with Guidestar and GlobalGiving to promote community feed-
back more broadly. An organization called Keystone79 is try-
ing to standardize the customer satisfaction question for par-
ticipating nonprofits. They provide a free web survey that au-
tomatically compares one organization’s results with the
average of peers in the sector. While collecting and interpret-
ing this type of feedback poses certain challenges,80 its availa-
bility is nonetheless a major innovation in the sector.81
The next step is to integrate these three strands of infor-
mation flows and make them available to principals (funders),
intermediaries, service providers, and beneficiaries themselves.
The FORMA system described above is a great step in this di-
rection, since it makes available satellite imagery and then al-
lows users to upload photos and provide comments about each
plot of land to either dispute the findings or help explain why
77. See generally Marc Maxson & Joshua Goldstein, Technology-Aided “Real-
Time” Feedback Loops In International Philanthropy (Oxford University Interna-
tional Social Innovation Research Conference 2009), http://www.globalgiv
ing.org/pfil/1713/TechnologyAided_RealTime_Feedback_Loops_in_Inter
national_Philanthropy.doc (presenting the story of a community-based or-
ganization in western Kenya that was supported by GlobalGiving, which ac-
ted as a facilitator, delivering information to individuals and placing the
funding decisions in the hands of the donors).
78. See generally Great Non-Profits, http://www.greatnonprofits.org (last
visited May 7, 2010).
79. See generally Keystone Accountability, http://www.keystoneaccount
ability.org (last visited May 7, 2010).
80. For example, in the Kenya pilot, beneficiaries had to be convinced
there would be no retribution by the intermediary if they provided negative
comments. Maxson & Goldstein, supra note 78 at 9. There are also issues,
discussed later in this paper, relating to the representativeness of feedback
received and how to aggregate it across societal groups.
81. For other examples, including cases in Malawi and Gaza, see Chris-
tine Martin, Mobile Active, Put up a Billboard and Ask the Community: Using
Mobile Tech for Program Monitoring and Evaluation (2009), http://mobile
active.org/put-billboard-and-ask-community-using-mobile-tech-program-
monitoring-and-evaluation (demonstrating the exponentially faster rate of
data storage and analysis under SMS systems).
server05productnNNYI42-4NYI404.txt unknown Seq: 28 2-SEP-10 14:24
1170 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
the deforestation is happening. The initial reception of the
FORMA mechanism has been positive, but the tool is too new
to assess its impact.
As organizations, particularly aid and philanthropy mar-
ketplace platforms, begin to integrate this new information, it
will be important to (a) understand what types of information
actually matter to the principals, intermediaries, and benefi-
ciaries and (b) present the information in a way that is digesti-
ble and actually influences behavior. The online marketplaces
have all found that too much information—even relevant in-
formation—can lead to decision paralysis among funders.82 It
is likely that different principals, intermediaries, and benefi-
ciaries will require different approaches to information aggre-
gation. Yet there may be a compelling reason (discussed be-
low) to have a common basic platform that allows comparabil-
ity across different agencies, sectors, and initiatives.
VII. NEW ROLES FOR THE PUBLIC THROUGH COMMUNITY AND
BENEFICIARY FEEDBACK
Of these three new information channels, community
feedback holds particular promise in increasing accountabil-
ity. Traditional accountability chains rely mostly on formal,
periodic evaluations by experts. Such evaluations are both ex-
pensive and easily gamed. Because service providers are gen-
erally able to prepare well in advance, evaluators see things
only in the most favorable light.83 There is often an inherent
conflict of interest, since the evaluators work for the service
provider (the agent) rather than the funder (the principal).
The agent often has the opportunity and incentive to massage
the findings before release to the principal. By contrast, com-
munity feedback enables the principal to hear directly from
the beneficiaries about the effect of the intervention. Such in-
formation directly from beneficiaries can inform a modifica-
tion of an ongoing initiative.
82. This difficulty has been described to the authors in personal commu-
nications from managers of the online marketplaces. See generally BARRY
SCHWARTZ, THE PARADOX OF CHOICE: WHY MORE IS LESS (2003) (discussing
the confusion that can result from an overload of information).
83. Authors’ personal experience, based on twenty-five years in the for-
eign aid industry.
server05productnNNYI42-4NYI404.txt unknown Seq: 29 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1171
A. How Community Feedback Can Improve Accountability in Aid
The traditional aid cycle relies heavily on experts (work-
ing for either the principal or the agent) to diagnose a com-
munity’s needs and design a program intended to address
those needs. By contrast, a community feedback mechanism
can be used ex ante to hear directly from the beneficiaries (and
others with a knowledge of the local context) (a) what they
feel their greatest needs are and (b) what solutions would be
most appropriate.
While community feedback provides highly valuable
sources of information for the accountability process, inter-
preting the feedback is not always simple. The boundaries and
membership of a community are not always self-evident. This is
particularly the case in societies that are socially heterogene-
ous, as evident in studies that suggest a negative link between
the quality of public goods provision and social heterogene-
ity.84 This implies that the inferences drawn from community
feedback will depend in part on the community’s characteris-
tics and the representativeness of the people giving feedback.
The smaller the size of the community, the more homoge-
neous will be the community’s preferences. Since private aid
projects tend to cover smaller communities, community feed-
back is likely to be a reasonable “truth revelation” device. By
contrast, government aid programs are much larger and cover
much larger groups of people who may or may not form “com-
munities.” Consequently, they will necessarily need to go be-
yond community feedback in order to evaluate project per-
formance. Additionally, the smaller the size of the project, the
smaller the incentives in gaming feedback mechanisms.85 Pri-
vate aid projects are generally smaller. Consequently the in-
centives for gaming such mechanisms are also less, and the
shorter chains of delegation make them easier to monitor.
84. See Abhijit Banerjee, Lakshmi Iyer & Rohini Somanathan, History, So-
cial Divisions, and Public Goods in Rural India, 3 J. EUR. ECON. ASS’N 639, 643
(2005) (citing empirical data on factors caused by caste and religious frag-
mentation).
85. See, e.g., David Pogue, Carbonite Stacks the Deck on Amazon, N.Y. TIMES,
Jan. 27, 2009, available at http://pogue.blogs.nytimes.com/2009/01/27/
carbonite-stacks-the-deck-on-amazon (citing an example of a company using
its own employees to post positive feedback on that company’s products on
Amazon.com).
server05productnNNYI42-4NYI404.txt unknown Seq: 30 2-SEP-10 14:24
1172 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
One must, of course, recognize intrinsic limitations to the
quality of information that may be obtained from any feed-
back mechanisms. The most obvious limitation stems from se-
lection mechanisms, i.e. selection effects of who actually gives
the feedback. Callers-in to talk radio programs or letters to the
editor can either be more motivated or more kooky. Large
numbers address this in a sort of statistical averaging, but large
numbers come with their own caveats. Democratic majorities
could indeed reflect the broad will of a community or (at least
in some cases) simply reflect the tyranny of the majority. In
the abstract, community feedback should reflect the “wisdom
of crowds”; it could, however, occasionally reflect the “mad-
ness of mobs” and a “herd mentality.” Another caveat is that
more information is not alone a guarantee of better accounta-
bility. Financial markets are flooded with information, yet the
recent financial crisis demonstrates that, if risk and reward are
so large and so asymmetric, competition and availability of in-
formation is no match for skewed incentives. However, these
conditions are very unlikely in the case of private aid—the pri-
vate pecuniary rewards are simply not that large.
Online marketplaces such as GlobalGiving and Donors
Choose require intermediaries to report back on progress at
the end of a project and/or periodically throughout the
year.86 These reports are both sent to donors and posted on-
line for anyone to see. The public nature of these reports is a
major step forward because it provides an additional disincen-
tive for intermediaries (“agents”) to post wrong or misleading
information. Posting misleading information is much more
risky when beneficiaries or others can scrutinize the validity of
claims.87 To some extent, this feature follows the trend of the
official aid sector, which has been posting more and more re-
ports online. It is certainly the case that initially poor benefi-
86. Both of these platforms were launched around 2002, and have re-
quired increasing information from intermediaries over time. Teachers us-
ing DonorsChoose must send donors a package of information describing
the outcome of the project, often with notes from students included. See
generally DonorsChoose, How It Works, http://www.donorschoose.org/
about/how_it_works.html. Project leaders using GlobalGiving must report
quarterly, since projects tend to have a longer duration.
87. See Guggenheim, supra note 77, at 129 (stating that one charity’s post-
ing of financial information in public was “a sharp departure” from past
practices).
server05productnNNYI42-4NYI404.txt unknown Seq: 31 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1173
ciaries are unlikely to access these reports. But other agents of
civil society will do so on their behalf. This is a dynamic pro-
cess that can unfold over time, as beneficiaries gradually begin
to exercise agency over projects purportedly for their benefit.
However, in most cases, there are still significant transac-
tion costs for third parties to flag misinformation even when it
is in the public domain. For example, it is often difficult to
know who to call or who can take remedial action.88 That is
why the next step in the process—community feedback—has
such high marginal returns. Community feedback allows peo-
ple to comment directly on publicly available reports via the
web, e-mail, or other means and, significantly, to make those
comments public. The community can include beneficiaries,
experts with knowledge of the project but who are not directly
involved, or simply visitors to the project. Because the reports
and comments are publically available they can radically in-
crease not only the information available, but also the pressure
to take action.
B. The Special Potential of Beneficiary Feedback
Community feedback can come from other development
experts—or any concerned person or organization—outside
the traditional foreign aid system. Beneficiary feedback is a
subset of community feedback, and it deserves special atten-
tion. Though in some sense funders are the “principals” in
the accountability process, some would argue that benefi-
ciaries should have the final say in what development projects
are funded and how they are assessed.89 There is a strong nor-
mative case for this view: those whose lives are affected the
most by a project should surely have an important voice in that
project. Though there are well-known issues related to aggre-
gation of choice and externalities,90 it is difficult to argue with
88. According to its website, one reason that the Bank Information
Center was created was to help its civil society members influence the World
Bank, and it has often served as a focal point for complaints from third par-
ties. See generally Bank Information Center, http://www.bicusa.org (last vis-
ited Apr. 10, 2010).
89. See DAVID ELLERMAN, HELPING PEOPLE HELP THEMSELVES: FROM THE
WORLD BANK TO AN ALTERNATIVE PHILOSOPHY OF DEVELOPMENT ASSISTANCE
249 (2005) (citing several approaches to schemes of giving).
90. On the difficulties of aggregating individual preferences into consis-
tent collective choices and the possibilities offered by participatory democ-
server05productnNNYI42-4NYI404.txt unknown Seq: 32 2-SEP-10 14:24
1174 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
the proposition that the views of beneficiaries on the impact of
a project should have serious weight. All other agents in the
accountability chain should in some sense be accountable to
the beneficiaries.
Rapidly spreading new technologies, particularly mobile
phones and SMS-to-web interfaces like Twitter, now allow vil-
lagers to report continuously in real time on project pro-
gress.91 Mobile phones in particular are now so ubiquitous
that even very poor communities have reasonable access.92
This means that the beneficiaries can ultimately guide imple-
menters. In the future, these technology-aided feedback loops
can enable clients to guide practitioners throughout imple-
mentation and drive donors during the funding process. They
also open the possibility of soliciting the views of beneficiaries
even before a project.93 This promises to break the monopoly
of experts and intermediaries in deciding what people need
most. Beneficiaries could be canvassed about both the type of
project that is highest priority for them. Once a type of pro-
ject is selected, then beneficiary input into the design could be
solicited.
The importance of community involvement and feedback
for accountability systems is not a panacea, and it must be ac-
companied by other sources of information and feedback. An
analysis of corruption in infrastructure projects in Indonesia
found that government audits appear to do a better job than
community monitoring in reducing missing expenditures, as
measured by discrepancies between official project costs and
racy, see Benjamin Radcliff & Ed Wingenbach, Preference Aggregation, Func-
tional Pathologies, and Democracy: A Social Choice Defense of Participatory Democ-
racy 62 J. POL. 977, 977 (2000) (advocating for the democratic method as the
best means of aggregating individual preferences).
91. Twitter also allowed people to report developments in real time in
the 2009 protests in Iran, thereby preventing the official news agencies and
other controlled channels from monopolizing the picture of what was hap-
pening. See, e.g., Lev Grossman, Iran Protests: Twitter, the Medium of the Move-
ment, TIME, Jun. 17, 2009, at 9 (discussing strengths and weaknesses of the
use of Twitter).
92. Even in a relatively poor country such as India, there are more than
two cell phones per household.
93. See Dennis Whittle, GlobalGiving, Accountability in Decentralized
Aid Systems, Presentation at New York University (Feb. 6, 2009), available at
http://www.nyu.edu/fas/institute/dri/DennisWhittle.pdf (discussing po-
tential avenues for involvement of beneficiaries in planning stages).
server05productnNNYI42-4NYI404.txt unknown Seq: 33 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1175
an independent engineer’s estimates of costs.94 Increasing
grassroots participation in monitoring had little average im-
pact. In some cases, grassroots participation reduced missing
expenditures only in situations with limited free-rider
problems and limited elite capture. The results of that study
suggest that traditional top-down monitoring can indeed play
an important role in reducing corruption, even in a highly cor-
rupt environment. In India, a flagship government program
on universal primary education has sought to organize both
locally elected leaders and parents of children enrolled in pub-
lic schools into committees. The program gives these groups
powers over both resource allocation and monitoring and
management of school performance. In addition, the program
provides information, trains community members in a new
testing tool, and organizes volunteers to hold remedial read-
ing camps for illiterate children. However, an impact evalua-
tion found no impact on community involvement in public
schools and no impact on teacher effort or learning outcomes
in those schools.95
It is likely, however, that feedback itself is a “learned” pro-
cess. One should not expect long-disempowered communities
to become strongly engaged, especially if hard experience has
taught them that promises made by outside agencies are rarely
kept. There are also well-known challenges with aggregating
choice, which suggests that doing so is not a panacea. None-
theless, new media technologies, by providing real-time feed-
back, can become much more empowering to beneficiaries.96
This empowerment can have dynamic effects over time, gradu-
ally improving their capacity for “social agency,” i.e. their abil-
ity and willingness to participate. In any case, these types of
mechanisms offer at least the possibility of obtaining benefici-
ary input. With time, it will become difficult to argue against
94. Benjamin A. Olken, Monitoring Corruption: Evidence from a Field Experi-
ment in Indonesia, 115 J. POL. ECON. 200 (2007) (citing statistics gathered
from over 600 Indonesian village road projects).
95. See Abhijit Banerjee et al., Pitfalls of Participatory Programs: Evidence
from a Randomized Evaluation in Education in India 2 (Nat’l Bureau of Econ.
Research, Working Paper No. 14311, 2008), available at http://www.nber.
org/papers/w14311 (presenting data from three different interventions).
96. See generally Maxson & Goldstein, supra note 78 (discussing the feed-
back loop that resulted from a project in Kenya).
server05productnNNYI42-4NYI404.txt unknown Seq: 34 2-SEP-10 14:24
1176 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
the idea that beneficiary input should become the norm, with
intermediaries having to justify each time they do not solicit it.
Ex ante beneficiary input and community feedback during
implementation emphasize our point that an important objec-
tive of better accountability mechanisms should be to improve
project design from inception, beginning with a better under-
standing of the communities’ own sense of their needs. Input
should come not only from beneficiaries but also other inter-
ested parties, enabling implementers to refine their approach
as the project progresses. Accountability mechanisms can
speed learning much faster than the current approaches,
which feature a multi-year project cycle followed by a formal
evaluation.
C. What it Will Take for Community Feedback to be Adopted
The radically public nature of community feedback would
reduce the ability of official aid agencies and other in-
termediaries to modify reports or obfuscate problems. No de-
tailed scientific studies have been done on this topic yet. But it
seems reasonable to assume that, if project officers at official
agencies and professionals working for intermediaries logged
on to the web each morning to see what the community was
saying about their projects, this would likely change behaviors.
Because of the incentives described by Pritchett,97 we can an-
ticipate that, while official agencies will not openly reject this
idea, they will be reluctant to adopt community feedback in
this transparent way and will raise a host of theoretical objec-
tions to the quality and relevance of the feedback as a reason
to proceed cautiously.
By contrast, the deployment of community feedback fea-
tures, already in their infancy in private online marketplaces,98
will surely accelerate as the existing and new marketplaces
jockey for competitive advantage. A key question for the im-
pact of community feedback features will be whether the on-
line marketplaces share one or two common feedback mecha-
97. See, e.g., Pritchett, supra note 13, at 124 (discussing the consequences
of negative feedback).
98. See Gillian Wilson, GlobalGiving, Updates from the Field – Environmental
Conservation Builds Families, India, http://www.globalgiving.org/projects/
environmental-conservation-builds-families-india/updates (citing an exam-
ple of community feedback features) (last visited May 7, 2010).
server05productnNNYI42-4NYI404.txt unknown Seq: 35 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1177
nisms or whether each adopts its own internal mechanism.
Since the mechanism is essentially a network, its value grows
exponentially with respect to network size. This means that a
single network would have huge value, while fragmented net-
works would have much less value. Shared mechanisms would
decrease the chance that the feedback could be controlled by
the marketplace that collected them. Shared mechanisms
would also reduce the up-front costs of creating the system by
spreading them over several marketplaces.
The usefulness of community feedback based accountabil-
ity chains will vary as per the following scenarios:
A: Where community input and feedback is the sole
factor used in decision-making;
B: Where community feedback plays a significant but
not exclusive role in decisions, which will ultimately
be made either by an expert agency or by a govern-
ment body that is to some extent democratically
elected;
C: Where community feedback has little relevance,
value, or use in the decision-making process.
Many of the online private aid marketplaces99 are closer
to the “A” end of the spectrum, at least in principle. The mar-
ketplace operators try to provide an information-rich environ-
ment and allow donors to make decisions based on informa-
tion and priorities emerging at the community level. Some of
the better traditional private aid providers fall into category B.
They have developed mechanisms for listening to the commu-
nities but ultimately make the allocation decisions themselves.
Most official agencies fall closer to the “C” end of the spec-
trum, operating on the assumption that community prefer-
ences are aggregated and expressed through government
agencies. In most poor countries, the last assumption is partic-
ularly problematic, given their weak governance structures.
The emergence of new technologies and feedback mecha-
nisms will increase pressure on all agencies to incorporate
community feedback in some form. In particular, the official
agencies will have to move closer to the middle (“B”) of this
99. In this paper, “online marketplaces” refer to internet sites that allow
principals (funders) to learn about organizations and/or projects that are
seeking funding, select one or more for funding, transfer the money to the
organization, and then get updates from the organization or project team.
server05productnNNYI42-4NYI404.txt unknown Seq: 36 2-SEP-10 14:24
1178 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
spectrum, but the speed and effectiveness of that shift will de-
pend on whether feedback mechanisms are fragmented or
shared across public and private aid agencies.
However, the increased availability of these new technolo-
gies does not guarantee their rapid adoption by traditional aid
agencies. The incentives for avoiding accountability,100 com-
bined with the lack of entry and exit in the official aid field,
mean that official agencies are unlikely to voluntarily embrace
these new information flows. They are much more likely to be
adopted in the flourishing private aid sector, where there is
greater competition and a proliferation of new intermediaries
and funders. Since the size of projects funded through these
new private aid marketplaces is typically much smaller—usu-
ally less than $100,000 and often in the $1,000 to $25,000
range—the cost of traditional evaluations, based on hiring ex-
ternal consultants, is prohibitive.101 This high cost, combined
with competitive pressures in the private aid sector, has
spurred new thinking about how to achieve accountability at
much lower cost.
If the private marketplaces adopt one or two independent
community feedback mechanisms or standards, it could con-
ceivably create sufficient pressure for official agencies to par-
ticipate in such a mechanism or standard. In this context, a
“common mechanism” would be a single website, whereas a
“common standard” would be a common set of questions, the
results of which would be stored in a common database and
would be accessible for display in different ways on different
websites. A website called Ushahidi is an early attempt at ag-
gregating information streams about development needs and
news from various sources.102
Given the incentive of any agent to avoid strict accounta-
bility, we would expect official agencies to avoid common stan-
dards and instead push for self-monitoring or the adoption of
standards managed internally by the agency itself. If the goal
100. See Pritchett, supra note 13, at 124 (stating that there is no significant
“bonus” to the intermediary for exceptional success, but serious sanctions
for failure).
101. The cost of evaluating a typical World Bank project ranges from
$15,000 to well over $100,000, depending on the intensity and scale of the
evaluation and the project.
102. See generally Ushahidi, http://haiti.ushahidi.com (last visited May 7,
2010).
server05productnNNYI42-4NYI404.txt unknown Seq: 37 2-SEP-10 14:24
2010] THE PRIVATIZATION OF FOREIGN AID 1179
is to improve the effectiveness of foreign aid, however, the best
outcome would be to rapidly adopt a unitary feedback network
that is not controlled by the aid agencies. What if the new
private aid marketplaces and related organizations agreed to
adopt a single feedback mechanism (standard) and also began
including data on official aid projects (even if those market-
places did not provide intermediate funding to these
projects)? Such collective action by the new players, even
though it would be costly, would have significant external ef-
fects on the tens of billions of dollars in annual official devel-
opment aid.
VIII. CONCLUSION: FOREIGN AID AS A COMPLEMENT, NOT A
SUBSTITUTE, FOR GOVERNMENT
A perennial question about foreign aid, or indeed assis-
tance of any kind, involves the extent to which foreign aid
should complement or substitute the responsibilities of domes-
tic governments. When should foreign aid complement, and
when should it substitute for domestic government actions,
thereby reducing the pressures on a government to do its job?
Since most private aid comes at the local level, its effects on
government incentives are more likely at the local level. Offi-
cial aid, on the other hand, comes through government chan-
nels at the national level, raising the age-old question about
the fungibility of foreign aid and whether, in effect, such aid
finances the marginal project by easing the budget constraint.
There is no clear answer to these questions. In an ideal
world, governments would shoulder all responsibilities of serv-
ing their people. But if wishes were horses, beggars would
ride, and this argument might just be a case of the best being
the enemy of the good. Is it moral to allow people to go un-
served while waiting for the government to provide the service
at a distant point in time? The moral dilemma is especially
acute when people face dire circumstances. Is it morally defen-
sible to tell private aid not to help the most vulnerable in or-
der to put pressure on the government to try and achieve the
(uncertain) future outcome of better public services?
A more fruitful approach is for private aid to do things in
a way that induces the government to provide better service in
the future. Private aid can do this via (1) a demonstration ef-
fect, assuming that the government will emulate good prac-
server05productnNNYI42-4NYI404.txt unknown Seq: 38 2-SEP-10 14:24
1180 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143
tices; (2) a competition effect, shaming the government into
improving its practices by publicizing private aid’s superior
performance; and (3) the intrinsic pressure approach. If pri-
vate aid demonstrates publicly that it listens to beneficiaries,
then beneficiaries become empowered and over time will start
demanding a greater voice in the political process. In turn,
beneficiary pressure and media coverage make it increasingly
difficult for the government to ignore the feedback of its own
citizens.
One could well argue that, despite the virtues of the new
private aid, overall resources are still modest given the scale
and scope of the problems. At one level this is valid. However,
the idea is for private aid to complement, rather than substi-
tute, government efforts. Cultivating and nursing small
projects injects multiple points of dynamism. The best func-
tioning economies have an effective balance between large
firms and small, as well as between top-down government pro-
grams and private producers. Historically, the aid sector has
been dominated by large and top-down agencies. Balancing
these with a vigorous injection of small, bottom-up initiatives
and organizations will increase accountability of all actors (and
the foreign aid regime in general) via the mechanisms out-
lined above.
An important analytical question is whether these small,
bottom-up private-aid facilitated initiatives will result in better
performance because of increased accountability or greater le-
gitimacy. Performance itself is a form of accountability, and if
the processes outlined in this paper result in greater legiti-
macy, which in turn might facilitate better performance, then
we have a happy marriage of legitimacy and accountability.
However, better performance based accountability does not in-
evitably follow from greater legitimacy. The question we need
to ponder over is what happens if there is a trade-off between
the two. In our search for greater accountability, are we really
striving for more legitimacy, and, if so, how should we norma-
tively judge this trade-off?

Mais conteúdo relacionado

Mais procurados

The role of microfinance institutions in disaster management
The role of microfinance institutions in disaster managementThe role of microfinance institutions in disaster management
The role of microfinance institutions in disaster managementAlexander Decker
 
Real Cost of Welcome
Real Cost of WelcomeReal Cost of Welcome
Real Cost of WelcomeStacy Martin
 
Taylor; Examining Power Relations
Taylor; Examining Power RelationsTaylor; Examining Power Relations
Taylor; Examining Power RelationsMegan Taylor
 
Making progress on foreign aid
Making progress on foreign aidMaking progress on foreign aid
Making progress on foreign aidDr Lendy Spires
 
Lesson 4 when disaster strikes, what can we do
Lesson 4  when disaster strikes, what can we doLesson 4  when disaster strikes, what can we do
Lesson 4 when disaster strikes, what can we doMia Saku
 
1999 KF Annual Report
1999 KF Annual Report1999 KF Annual Report
1999 KF Annual Reportfinance23
 
Foreign Aid Conflict
Foreign Aid ConflictForeign Aid Conflict
Foreign Aid ConflictMelissa Gobin
 
Haiti Earthquake HADR Scenario
Haiti Earthquake HADR ScenarioHaiti Earthquake HADR Scenario
Haiti Earthquake HADR ScenarioRex Brynen
 
IMF HAITI SELECTED ISSUES
IMF HAITI SELECTED ISSUESIMF HAITI SELECTED ISSUES
IMF HAITI SELECTED ISSUESStanley Lucas
 
Our budget our economy interim report
Our budget our economy interim reportOur budget our economy interim report
Our budget our economy interim reportAmericaSpeaks
 
Theoretical perspective on economic aid in relation to Ghana and Nigeria
Theoretical perspective on economic aid in relation to Ghana and Nigeria Theoretical perspective on economic aid in relation to Ghana and Nigeria
Theoretical perspective on economic aid in relation to Ghana and Nigeria Kofi Tetebo
 
Like a water on rock: Using academic privilege and social media to dispute do...
Like a water on rock: Using academic privilege and social media to dispute do...Like a water on rock: Using academic privilege and social media to dispute do...
Like a water on rock: Using academic privilege and social media to dispute do...Re-imagining Social Work Collective
 
The Resiliency Institute, Community Resiliency
The Resiliency Institute, Community ResiliencyThe Resiliency Institute, Community Resiliency
The Resiliency Institute, Community ResiliencyBonnie Canal
 
The State of Lending in America & its Impact on U.S. Households
The State of Lending in America & its Impact on U.S. HouseholdsThe State of Lending in America & its Impact on U.S. Households
The State of Lending in America & its Impact on U.S. HouseholdsCenter for Responsible Lending
 
2005 Summer Newsletter
2005 Summer Newsletter2005 Summer Newsletter
2005 Summer NewsletterDirect Relief
 

Mais procurados (19)

The role of microfinance institutions in disaster management
The role of microfinance institutions in disaster managementThe role of microfinance institutions in disaster management
The role of microfinance institutions in disaster management
 
Real Cost of Welcome
Real Cost of WelcomeReal Cost of Welcome
Real Cost of Welcome
 
Taylor; Examining Power Relations
Taylor; Examining Power RelationsTaylor; Examining Power Relations
Taylor; Examining Power Relations
 
Making progress on foreign aid
Making progress on foreign aidMaking progress on foreign aid
Making progress on foreign aid
 
100 Resilient Cities
100 Resilient Cities100 Resilient Cities
100 Resilient Cities
 
Lesson 4 when disaster strikes, what can we do
Lesson 4  when disaster strikes, what can we doLesson 4  when disaster strikes, what can we do
Lesson 4 when disaster strikes, what can we do
 
06 a development-gender
06 a development-gender06 a development-gender
06 a development-gender
 
1999 KF Annual Report
1999 KF Annual Report1999 KF Annual Report
1999 KF Annual Report
 
Foreign Aid Conflict
Foreign Aid ConflictForeign Aid Conflict
Foreign Aid Conflict
 
Haiti Earthquake HADR Scenario
Haiti Earthquake HADR ScenarioHaiti Earthquake HADR Scenario
Haiti Earthquake HADR Scenario
 
IMF HAITI SELECTED ISSUES
IMF HAITI SELECTED ISSUESIMF HAITI SELECTED ISSUES
IMF HAITI SELECTED ISSUES
 
Our budget our economy interim report
Our budget our economy interim reportOur budget our economy interim report
Our budget our economy interim report
 
Disasters and the mass media
Disasters and the mass mediaDisasters and the mass media
Disasters and the mass media
 
Theoretical perspective on economic aid in relation to Ghana and Nigeria
Theoretical perspective on economic aid in relation to Ghana and Nigeria Theoretical perspective on economic aid in relation to Ghana and Nigeria
Theoretical perspective on economic aid in relation to Ghana and Nigeria
 
Like a water on rock: Using academic privilege and social media to dispute do...
Like a water on rock: Using academic privilege and social media to dispute do...Like a water on rock: Using academic privilege and social media to dispute do...
Like a water on rock: Using academic privilege and social media to dispute do...
 
The Resiliency Institute, Community Resiliency
The Resiliency Institute, Community ResiliencyThe Resiliency Institute, Community Resiliency
The Resiliency Institute, Community Resiliency
 
The State of Lending in America & its Impact on U.S. Households
The State of Lending in America & its Impact on U.S. HouseholdsThe State of Lending in America & its Impact on U.S. Households
The State of Lending in America & its Impact on U.S. Households
 
2005 Summer Newsletter
2005 Summer Newsletter2005 Summer Newsletter
2005 Summer Newsletter
 
ngos
ngosngos
ngos
 

Destaque

Motivation & Challenges
Motivation & ChallengesMotivation & Challenges
Motivation & ChallengesKarenZiegler
 
2009creekpowerpointrevised 091110135451 Phpapp01
2009creekpowerpointrevised 091110135451 Phpapp012009creekpowerpointrevised 091110135451 Phpapp01
2009creekpowerpointrevised 091110135451 Phpapp01YoYoYoRussia
 
EXP Power Point
EXP Power PointEXP Power Point
EXP Power Pointrmeehan
 
2009creekpowerpointrevised 091110135451 Phpapp01
2009creekpowerpointrevised 091110135451 Phpapp012009creekpowerpointrevised 091110135451 Phpapp01
2009creekpowerpointrevised 091110135451 Phpapp01YoYoYoRussia
 
Ctx Power Mansfield
Ctx Power MansfieldCtx Power Mansfield
Ctx Power Mansfieldrmeehan
 
E-Learning 9535002+9535021
E-Learning 9535002+9535021E-Learning 9535002+9535021
E-Learning 9535002+9535021peiling cai
 
Taming the 24/7 news beast
Taming the 24/7 news beastTaming the 24/7 news beast
Taming the 24/7 news beastvetterbike
 
Transparency: Changing the Accountability, Engagement and Effectiveness of Aid
Transparency:  Changing the Accountability, Engagement and Effectiveness of AidTransparency:  Changing the Accountability, Engagement and Effectiveness of Aid
Transparency: Changing the Accountability, Engagement and Effectiveness of Aiddbw001
 
Concretismo e neoconcretismo slides
Concretismo e neoconcretismo slidesConcretismo e neoconcretismo slides
Concretismo e neoconcretismo slideswddan
 
The impact of innovation on travel and tourism industries (World Travel Marke...
The impact of innovation on travel and tourism industries (World Travel Marke...The impact of innovation on travel and tourism industries (World Travel Marke...
The impact of innovation on travel and tourism industries (World Travel Marke...Brian Solis
 
Reuters: Pictures of the Year 2016 (Part 2)
Reuters: Pictures of the Year 2016 (Part 2)Reuters: Pictures of the Year 2016 (Part 2)
Reuters: Pictures of the Year 2016 (Part 2)maditabalnco
 
Open Source Creativity
Open Source CreativityOpen Source Creativity
Open Source CreativitySara Cannon
 
The Six Highest Performing B2B Blog Post Formats
The Six Highest Performing B2B Blog Post FormatsThe Six Highest Performing B2B Blog Post Formats
The Six Highest Performing B2B Blog Post FormatsBarry Feldman
 
The Outcome Economy
The Outcome EconomyThe Outcome Economy
The Outcome EconomyHelge Tennø
 

Destaque (14)

Motivation & Challenges
Motivation & ChallengesMotivation & Challenges
Motivation & Challenges
 
2009creekpowerpointrevised 091110135451 Phpapp01
2009creekpowerpointrevised 091110135451 Phpapp012009creekpowerpointrevised 091110135451 Phpapp01
2009creekpowerpointrevised 091110135451 Phpapp01
 
EXP Power Point
EXP Power PointEXP Power Point
EXP Power Point
 
2009creekpowerpointrevised 091110135451 Phpapp01
2009creekpowerpointrevised 091110135451 Phpapp012009creekpowerpointrevised 091110135451 Phpapp01
2009creekpowerpointrevised 091110135451 Phpapp01
 
Ctx Power Mansfield
Ctx Power MansfieldCtx Power Mansfield
Ctx Power Mansfield
 
E-Learning 9535002+9535021
E-Learning 9535002+9535021E-Learning 9535002+9535021
E-Learning 9535002+9535021
 
Taming the 24/7 news beast
Taming the 24/7 news beastTaming the 24/7 news beast
Taming the 24/7 news beast
 
Transparency: Changing the Accountability, Engagement and Effectiveness of Aid
Transparency:  Changing the Accountability, Engagement and Effectiveness of AidTransparency:  Changing the Accountability, Engagement and Effectiveness of Aid
Transparency: Changing the Accountability, Engagement and Effectiveness of Aid
 
Concretismo e neoconcretismo slides
Concretismo e neoconcretismo slidesConcretismo e neoconcretismo slides
Concretismo e neoconcretismo slides
 
The impact of innovation on travel and tourism industries (World Travel Marke...
The impact of innovation on travel and tourism industries (World Travel Marke...The impact of innovation on travel and tourism industries (World Travel Marke...
The impact of innovation on travel and tourism industries (World Travel Marke...
 
Reuters: Pictures of the Year 2016 (Part 2)
Reuters: Pictures of the Year 2016 (Part 2)Reuters: Pictures of the Year 2016 (Part 2)
Reuters: Pictures of the Year 2016 (Part 2)
 
Open Source Creativity
Open Source CreativityOpen Source Creativity
Open Source Creativity
 
The Six Highest Performing B2B Blog Post Formats
The Six Highest Performing B2B Blog Post FormatsThe Six Highest Performing B2B Blog Post Formats
The Six Highest Performing B2B Blog Post Formats
 
The Outcome Economy
The Outcome EconomyThe Outcome Economy
The Outcome Economy
 

Semelhante a Can the Privatization of Foreign Aid Enhance Accountability - Devesh Kapur and Dennis Whittle

The deregulation of private capital and the decline of the public company, de...
The deregulation of private capital and the decline of the public company, de...The deregulation of private capital and the decline of the public company, de...
The deregulation of private capital and the decline of the public company, de...surrenderyourthrone
 
Private Philanthropy: An Overview On Giving in The U.S. and Worldwide
Private Philanthropy: An Overview On Giving in The U.S. and WorldwidePrivate Philanthropy: An Overview On Giving in The U.S. and Worldwide
Private Philanthropy: An Overview On Giving in The U.S. and WorldwideAndrew Tulchin
 
Advancing regional recommendations on the post 2015 development agenda(1)
Advancing regional recommendations on the post 2015 development agenda(1)Advancing regional recommendations on the post 2015 development agenda(1)
Advancing regional recommendations on the post 2015 development agenda(1)Dr Lendy Spires
 
Advancing regional recommendations on the post 2015 development agenda
Advancing regional recommendations on the post 2015 development agendaAdvancing regional recommendations on the post 2015 development agenda
Advancing regional recommendations on the post 2015 development agendaDr Lendy Spires
 
LETTER OF INTENT FOR BUSINESS TRANSACTION & GUIDELINES
LETTER OF INTENT FOR BUSINESS TRANSACTION & GUIDELINESLETTER OF INTENT FOR BUSINESS TRANSACTION & GUIDELINES
LETTER OF INTENT FOR BUSINESS TRANSACTION & GUIDELINEScrysatal16
 
Global Trends In Financing The Social Sector
Global  Trends In  Financing The  Social  SectorGlobal  Trends In  Financing The  Social  Sector
Global Trends In Financing The Social Sector00shelly
 
The Destruction From The 2004 Indian Ocean Tsunami And...
The Destruction From The 2004 Indian Ocean Tsunami And...The Destruction From The 2004 Indian Ocean Tsunami And...
The Destruction From The 2004 Indian Ocean Tsunami And...Casey Hudson
 
Strategic perspectives-11
Strategic perspectives-11Strategic perspectives-11
Strategic perspectives-11archiejones4
 
Evaluating the Cost-effectiveness of a Mobile Decision Support Tool in Malawi
Evaluating the Cost-effectiveness of a Mobile Decision Support Tool in MalawiEvaluating the Cost-effectiveness of a Mobile Decision Support Tool in Malawi
Evaluating the Cost-effectiveness of a Mobile Decision Support Tool in MalawiHFG Project
 
TDC_Too_Good_To_Be_True_Report
TDC_Too_Good_To_Be_True_ReportTDC_Too_Good_To_Be_True_Report
TDC_Too_Good_To_Be_True_ReportNathalie Woolworth
 
CSFI-Cyber_Conflict_Post_Exercise
CSFI-Cyber_Conflict_Post_ExerciseCSFI-Cyber_Conflict_Post_Exercise
CSFI-Cyber_Conflict_Post_ExerciseConnie Uthoff
 
Evolving operational contexts and the role of the private sector in humanitar...
Evolving operational contexts and the role of the private sector in humanitar...Evolving operational contexts and the role of the private sector in humanitar...
Evolving operational contexts and the role of the private sector in humanitar...Dr Lendy Spires
 
2014_Philanthropy and Hurricane Sandy_Steven Lawrence
2014_Philanthropy and Hurricane Sandy_Steven Lawrence2014_Philanthropy and Hurricane Sandy_Steven Lawrence
2014_Philanthropy and Hurricane Sandy_Steven LawrenceSteven Lawrence
 
Leveraging Social Media and SEO for Online Disaster Outreach: Lessons from Sandy
Leveraging Social Media and SEO for Online Disaster Outreach: Lessons from SandyLeveraging Social Media and SEO for Online Disaster Outreach: Lessons from Sandy
Leveraging Social Media and SEO for Online Disaster Outreach: Lessons from SandyWilneida Negrón
 
Best College Essay Prompts Word. Online assignment writing service.
Best College Essay Prompts Word. Online assignment writing service.Best College Essay Prompts Word. Online assignment writing service.
Best College Essay Prompts Word. Online assignment writing service.Sasha Jones
 
Cs regulation part i background on ngo accountability
Cs regulation part i background on ngo accountabilityCs regulation part i background on ngo accountability
Cs regulation part i background on ngo accountabilityGhetnet Metiku
 
Ccdp working paper_4-1 a
Ccdp working paper_4-1 aCcdp working paper_4-1 a
Ccdp working paper_4-1 aDr Lendy Spires
 
Unbreakable: Building the Resilience of the Poor in the Face of Natural Disas...
Unbreakable: Building the Resilience of the Poor in the Face of Natural Disas...Unbreakable: Building the Resilience of the Poor in the Face of Natural Disas...
Unbreakable: Building the Resilience of the Poor in the Face of Natural Disas...Jonathan Dunnemann
 

Semelhante a Can the Privatization of Foreign Aid Enhance Accountability - Devesh Kapur and Dennis Whittle (20)

)
))
)
 
The deregulation of private capital and the decline of the public company, de...
The deregulation of private capital and the decline of the public company, de...The deregulation of private capital and the decline of the public company, de...
The deregulation of private capital and the decline of the public company, de...
 
Private Philanthropy: An Overview On Giving in The U.S. and Worldwide
Private Philanthropy: An Overview On Giving in The U.S. and WorldwidePrivate Philanthropy: An Overview On Giving in The U.S. and Worldwide
Private Philanthropy: An Overview On Giving in The U.S. and Worldwide
 
Advancing regional recommendations on the post 2015 development agenda(1)
Advancing regional recommendations on the post 2015 development agenda(1)Advancing regional recommendations on the post 2015 development agenda(1)
Advancing regional recommendations on the post 2015 development agenda(1)
 
Advancing regional recommendations on the post 2015 development agenda
Advancing regional recommendations on the post 2015 development agendaAdvancing regional recommendations on the post 2015 development agenda
Advancing regional recommendations on the post 2015 development agenda
 
LETTER OF INTENT FOR BUSINESS TRANSACTION & GUIDELINES
LETTER OF INTENT FOR BUSINESS TRANSACTION & GUIDELINESLETTER OF INTENT FOR BUSINESS TRANSACTION & GUIDELINES
LETTER OF INTENT FOR BUSINESS TRANSACTION & GUIDELINES
 
Global Trends In Financing The Social Sector
Global  Trends In  Financing The  Social  SectorGlobal  Trends In  Financing The  Social  Sector
Global Trends In Financing The Social Sector
 
The Destruction From The 2004 Indian Ocean Tsunami And...
The Destruction From The 2004 Indian Ocean Tsunami And...The Destruction From The 2004 Indian Ocean Tsunami And...
The Destruction From The 2004 Indian Ocean Tsunami And...
 
Strategic perspectives-11
Strategic perspectives-11Strategic perspectives-11
Strategic perspectives-11
 
Evaluating the Cost-effectiveness of a Mobile Decision Support Tool in Malawi
Evaluating the Cost-effectiveness of a Mobile Decision Support Tool in MalawiEvaluating the Cost-effectiveness of a Mobile Decision Support Tool in Malawi
Evaluating the Cost-effectiveness of a Mobile Decision Support Tool in Malawi
 
TDC_Too_Good_To_Be_True_Report
TDC_Too_Good_To_Be_True_ReportTDC_Too_Good_To_Be_True_Report
TDC_Too_Good_To_Be_True_Report
 
CSFI-Cyber_Conflict_Post_Exercise
CSFI-Cyber_Conflict_Post_ExerciseCSFI-Cyber_Conflict_Post_Exercise
CSFI-Cyber_Conflict_Post_Exercise
 
Evolving operational contexts and the role of the private sector in humanitar...
Evolving operational contexts and the role of the private sector in humanitar...Evolving operational contexts and the role of the private sector in humanitar...
Evolving operational contexts and the role of the private sector in humanitar...
 
2014_Philanthropy and Hurricane Sandy_Steven Lawrence
2014_Philanthropy and Hurricane Sandy_Steven Lawrence2014_Philanthropy and Hurricane Sandy_Steven Lawrence
2014_Philanthropy and Hurricane Sandy_Steven Lawrence
 
Leveraging Social Media and SEO for Online Disaster Outreach: Lessons from Sandy
Leveraging Social Media and SEO for Online Disaster Outreach: Lessons from SandyLeveraging Social Media and SEO for Online Disaster Outreach: Lessons from Sandy
Leveraging Social Media and SEO for Online Disaster Outreach: Lessons from Sandy
 
Best College Essay Prompts Word. Online assignment writing service.
Best College Essay Prompts Word. Online assignment writing service.Best College Essay Prompts Word. Online assignment writing service.
Best College Essay Prompts Word. Online assignment writing service.
 
Cs regulation part i background on ngo accountability
Cs regulation part i background on ngo accountabilityCs regulation part i background on ngo accountability
Cs regulation part i background on ngo accountability
 
Reinventing Savings Bonds
Reinventing Savings BondsReinventing Savings Bonds
Reinventing Savings Bonds
 
Ccdp working paper_4-1 a
Ccdp working paper_4-1 aCcdp working paper_4-1 a
Ccdp working paper_4-1 a
 
Unbreakable: Building the Resilience of the Poor in the Face of Natural Disas...
Unbreakable: Building the Resilience of the Poor in the Face of Natural Disas...Unbreakable: Building the Resilience of the Poor in the Face of Natural Disas...
Unbreakable: Building the Resilience of the Poor in the Face of Natural Disas...
 

Último

The Coffee Bean & Tea Leaf(CBTL), Business strategy case study
The Coffee Bean & Tea Leaf(CBTL), Business strategy case studyThe Coffee Bean & Tea Leaf(CBTL), Business strategy case study
The Coffee Bean & Tea Leaf(CBTL), Business strategy case studyEthan lee
 
Call Girls Pune Just Call 9907093804 Top Class Call Girl Service Available
Call Girls Pune Just Call 9907093804 Top Class Call Girl Service AvailableCall Girls Pune Just Call 9907093804 Top Class Call Girl Service Available
Call Girls Pune Just Call 9907093804 Top Class Call Girl Service AvailableDipal Arora
 
Eni 2024 1Q Results - 24.04.24 business.
Eni 2024 1Q Results - 24.04.24 business.Eni 2024 1Q Results - 24.04.24 business.
Eni 2024 1Q Results - 24.04.24 business.Eni
 
Lucknow 💋 Escorts in Lucknow - 450+ Call Girl Cash Payment 8923113531 Neha Th...
Lucknow 💋 Escorts in Lucknow - 450+ Call Girl Cash Payment 8923113531 Neha Th...Lucknow 💋 Escorts in Lucknow - 450+ Call Girl Cash Payment 8923113531 Neha Th...
Lucknow 💋 Escorts in Lucknow - 450+ Call Girl Cash Payment 8923113531 Neha Th...anilsa9823
 
Catalogue ONG NUOC PPR DE NHAT .pdf
Catalogue ONG NUOC PPR DE NHAT      .pdfCatalogue ONG NUOC PPR DE NHAT      .pdf
Catalogue ONG NUOC PPR DE NHAT .pdfOrient Homes
 
GD Birla and his contribution in management
GD Birla and his contribution in managementGD Birla and his contribution in management
GD Birla and his contribution in managementchhavia330
 
Mondelez State of Snacking and Future Trends 2023
Mondelez State of Snacking and Future Trends 2023Mondelez State of Snacking and Future Trends 2023
Mondelez State of Snacking and Future Trends 2023Neil Kimberley
 
Call Girls in Gomti Nagar - 7388211116 - With room Service
Call Girls in Gomti Nagar - 7388211116  - With room ServiceCall Girls in Gomti Nagar - 7388211116  - With room Service
Call Girls in Gomti Nagar - 7388211116 - With room Servicediscovermytutordmt
 
Monthly Social Media Update April 2024 pptx.pptx
Monthly Social Media Update April 2024 pptx.pptxMonthly Social Media Update April 2024 pptx.pptx
Monthly Social Media Update April 2024 pptx.pptxAndy Lambert
 
0183760ssssssssssssssssssssssssssss00101011 (27).pdf
0183760ssssssssssssssssssssssssssss00101011 (27).pdf0183760ssssssssssssssssssssssssssss00101011 (27).pdf
0183760ssssssssssssssssssssssssssss00101011 (27).pdfRenandantas16
 
Best VIP Call Girls Noida Sector 40 Call Me: 8448380779
Best VIP Call Girls Noida Sector 40 Call Me: 8448380779Best VIP Call Girls Noida Sector 40 Call Me: 8448380779
Best VIP Call Girls Noida Sector 40 Call Me: 8448380779Delhi Call girls
 
RE Capital's Visionary Leadership under Newman Leech
RE Capital's Visionary Leadership under Newman LeechRE Capital's Visionary Leadership under Newman Leech
RE Capital's Visionary Leadership under Newman LeechNewman George Leech
 
It will be International Nurses' Day on 12 May
It will be International Nurses' Day on 12 MayIt will be International Nurses' Day on 12 May
It will be International Nurses' Day on 12 MayNZSG
 
VIP Kolkata Call Girl Howrah 👉 8250192130 Available With Room
VIP Kolkata Call Girl Howrah 👉 8250192130  Available With RoomVIP Kolkata Call Girl Howrah 👉 8250192130  Available With Room
VIP Kolkata Call Girl Howrah 👉 8250192130 Available With Roomdivyansh0kumar0
 
Mysore Call Girls 8617370543 WhatsApp Number 24x7 Best Services
Mysore Call Girls 8617370543 WhatsApp Number 24x7 Best ServicesMysore Call Girls 8617370543 WhatsApp Number 24x7 Best Services
Mysore Call Girls 8617370543 WhatsApp Number 24x7 Best ServicesDipal Arora
 
M.C Lodges -- Guest House in Jhang.
M.C Lodges --  Guest House in Jhang.M.C Lodges --  Guest House in Jhang.
M.C Lodges -- Guest House in Jhang.Aaiza Hassan
 
Grateful 7 speech thanking everyone that has helped.pdf
Grateful 7 speech thanking everyone that has helped.pdfGrateful 7 speech thanking everyone that has helped.pdf
Grateful 7 speech thanking everyone that has helped.pdfPaul Menig
 
Yaroslav Rozhankivskyy: Три складові і три передумови максимальної продуктивн...
Yaroslav Rozhankivskyy: Три складові і три передумови максимальної продуктивн...Yaroslav Rozhankivskyy: Три складові і три передумови максимальної продуктивн...
Yaroslav Rozhankivskyy: Три складові і три передумови максимальної продуктивн...Lviv Startup Club
 
DEPED Work From Home WORKWEEK-PLAN.docx
DEPED Work From Home  WORKWEEK-PLAN.docxDEPED Work From Home  WORKWEEK-PLAN.docx
DEPED Work From Home WORKWEEK-PLAN.docxRodelinaLaud
 
Socio-economic-Impact-of-business-consumers-suppliers-and.pptx
Socio-economic-Impact-of-business-consumers-suppliers-and.pptxSocio-economic-Impact-of-business-consumers-suppliers-and.pptx
Socio-economic-Impact-of-business-consumers-suppliers-and.pptxtrishalcan8
 

Último (20)

The Coffee Bean & Tea Leaf(CBTL), Business strategy case study
The Coffee Bean & Tea Leaf(CBTL), Business strategy case studyThe Coffee Bean & Tea Leaf(CBTL), Business strategy case study
The Coffee Bean & Tea Leaf(CBTL), Business strategy case study
 
Call Girls Pune Just Call 9907093804 Top Class Call Girl Service Available
Call Girls Pune Just Call 9907093804 Top Class Call Girl Service AvailableCall Girls Pune Just Call 9907093804 Top Class Call Girl Service Available
Call Girls Pune Just Call 9907093804 Top Class Call Girl Service Available
 
Eni 2024 1Q Results - 24.04.24 business.
Eni 2024 1Q Results - 24.04.24 business.Eni 2024 1Q Results - 24.04.24 business.
Eni 2024 1Q Results - 24.04.24 business.
 
Lucknow 💋 Escorts in Lucknow - 450+ Call Girl Cash Payment 8923113531 Neha Th...
Lucknow 💋 Escorts in Lucknow - 450+ Call Girl Cash Payment 8923113531 Neha Th...Lucknow 💋 Escorts in Lucknow - 450+ Call Girl Cash Payment 8923113531 Neha Th...
Lucknow 💋 Escorts in Lucknow - 450+ Call Girl Cash Payment 8923113531 Neha Th...
 
Catalogue ONG NUOC PPR DE NHAT .pdf
Catalogue ONG NUOC PPR DE NHAT      .pdfCatalogue ONG NUOC PPR DE NHAT      .pdf
Catalogue ONG NUOC PPR DE NHAT .pdf
 
GD Birla and his contribution in management
GD Birla and his contribution in managementGD Birla and his contribution in management
GD Birla and his contribution in management
 
Mondelez State of Snacking and Future Trends 2023
Mondelez State of Snacking and Future Trends 2023Mondelez State of Snacking and Future Trends 2023
Mondelez State of Snacking and Future Trends 2023
 
Call Girls in Gomti Nagar - 7388211116 - With room Service
Call Girls in Gomti Nagar - 7388211116  - With room ServiceCall Girls in Gomti Nagar - 7388211116  - With room Service
Call Girls in Gomti Nagar - 7388211116 - With room Service
 
Monthly Social Media Update April 2024 pptx.pptx
Monthly Social Media Update April 2024 pptx.pptxMonthly Social Media Update April 2024 pptx.pptx
Monthly Social Media Update April 2024 pptx.pptx
 
0183760ssssssssssssssssssssssssssss00101011 (27).pdf
0183760ssssssssssssssssssssssssssss00101011 (27).pdf0183760ssssssssssssssssssssssssssss00101011 (27).pdf
0183760ssssssssssssssssssssssssssss00101011 (27).pdf
 
Best VIP Call Girls Noida Sector 40 Call Me: 8448380779
Best VIP Call Girls Noida Sector 40 Call Me: 8448380779Best VIP Call Girls Noida Sector 40 Call Me: 8448380779
Best VIP Call Girls Noida Sector 40 Call Me: 8448380779
 
RE Capital's Visionary Leadership under Newman Leech
RE Capital's Visionary Leadership under Newman LeechRE Capital's Visionary Leadership under Newman Leech
RE Capital's Visionary Leadership under Newman Leech
 
It will be International Nurses' Day on 12 May
It will be International Nurses' Day on 12 MayIt will be International Nurses' Day on 12 May
It will be International Nurses' Day on 12 May
 
VIP Kolkata Call Girl Howrah 👉 8250192130 Available With Room
VIP Kolkata Call Girl Howrah 👉 8250192130  Available With RoomVIP Kolkata Call Girl Howrah 👉 8250192130  Available With Room
VIP Kolkata Call Girl Howrah 👉 8250192130 Available With Room
 
Mysore Call Girls 8617370543 WhatsApp Number 24x7 Best Services
Mysore Call Girls 8617370543 WhatsApp Number 24x7 Best ServicesMysore Call Girls 8617370543 WhatsApp Number 24x7 Best Services
Mysore Call Girls 8617370543 WhatsApp Number 24x7 Best Services
 
M.C Lodges -- Guest House in Jhang.
M.C Lodges --  Guest House in Jhang.M.C Lodges --  Guest House in Jhang.
M.C Lodges -- Guest House in Jhang.
 
Grateful 7 speech thanking everyone that has helped.pdf
Grateful 7 speech thanking everyone that has helped.pdfGrateful 7 speech thanking everyone that has helped.pdf
Grateful 7 speech thanking everyone that has helped.pdf
 
Yaroslav Rozhankivskyy: Три складові і три передумови максимальної продуктивн...
Yaroslav Rozhankivskyy: Три складові і три передумови максимальної продуктивн...Yaroslav Rozhankivskyy: Три складові і три передумови максимальної продуктивн...
Yaroslav Rozhankivskyy: Три складові і три передумови максимальної продуктивн...
 
DEPED Work From Home WORKWEEK-PLAN.docx
DEPED Work From Home  WORKWEEK-PLAN.docxDEPED Work From Home  WORKWEEK-PLAN.docx
DEPED Work From Home WORKWEEK-PLAN.docx
 
Socio-economic-Impact-of-business-consumers-suppliers-and.pptx
Socio-economic-Impact-of-business-consumers-suppliers-and.pptxSocio-economic-Impact-of-business-consumers-suppliers-and.pptx
Socio-economic-Impact-of-business-consumers-suppliers-and.pptx
 

Can the Privatization of Foreign Aid Enhance Accountability - Devesh Kapur and Dennis Whittle

  • 1. server05productnNNYI42-4NYI404.txt unknown Seq: 1 2-SEP-10 14:24 CAN THE PRIVATIZATION OF FOREIGN AID ENHANCE ACCOUNTABILITY? DEVESH KAPUR* & DENNIS WHITTLE** ABSTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1144 R I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1144 R II. ISSUES OF ACCOUNTABILITY IN FOREIGN AID . . . . . . 1147 R III. MEASURING ACCOUNTABILITY . . . . . . . . . . . . . . . . . . . . 1152 R IV. THE EMERGENCE AND IMPLICATIONS OF PRIVATE FOREIGN AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1156 R V. TECHNOLOGY ENABLED MARKETPLACES IN PRIVATE AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1160 R A. Case Study: GlobalGiving . . . . . . . . . . . . . . . . . . . . . 1161 R B. Greater public awareness and fundraising ability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1162 R VI. THREE NEW MECHANISMS FOR GREATER ACCOUNTABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1164 R A. Ratings of service providers . . . . . . . . . . . . . . . . . . . . 1166 R B. Remote monitoring. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1167 R C. Community feedback . . . . . . . . . . . . . . . . . . . . . . . . . . 1168 R VII. NEW ROLES FOR THE PUBLIC THROUGH COMMUNITY AND BENEFICIARY FEEDBACK . . . . . . . . . 1170 R A. How Community Feedback Can Improve Accountability in Aid . . . . . . . . . . . . . . . . . . . . . . . . . 1171 R B. The Special Potential of Beneficiary Feedback . . . . 1173 R C. What it Will Take for Community Feedback to be Adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1176 R VIII. CONCLUSION: FOREIGN AID AS A COMPLEMENT, NOT A SUBSTITUTE, FOR GOVERNMENT . . . . . . . . . . . 1179 R * Corresponding author. Director, Center for Advanced Study of In- dia, and Madan Lal Sobti Professor for the Study of Contemporary India, University of Pennsylvania. An earlier version of the paper was presented at a symposium on “Financing Development: The Privatization of Development Assistance,” N.Y.U. School of Law, December 4-5, 2009. We thank Tim B¨uthe for his comments and suggestions and Ritu Kamal, Sonali Murarka, and Nathan Sharp for excellent research assistance. ** Founder and Chief Executive Officer, GlobalGiving. 1143
  • 2. server05productnNNYI42-4NYI404.txt unknown Seq: 2 2-SEP-10 14:24 1144 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 To give away money is an easy matter and in any man’s power. “But to decide to whom to give it, and how large a sum, and when, and for what purpose, and how, is neither in every man’s power, nor an easy matter.” — Aristotle1 ABSTRACT This paper examines the promise of greater impact and accountability of private foreign aid. We examine the status of accountability in foreign aid from governments and how the emergence of private foreign aid is resulting in new thinking about accountability in foreign aid. The paper discusses how technology-enabled marketplaces can improve accountability in foreign aid through rating service providers, remote moni- toring, and especially through enhanced beneficiary feedback mechanisms. We conclude by arguing that private aid should be seen as a complement and not a substitute for govern- ments, and we contend that private aid can “crowd-in” and in- duce local governments to provide better services via a demon- stration effect, a competition effect, and an “intrinsic pres- sure” approach that empowers beneficiaries to exercise a greater voice. I. INTRODUCTION Private aid and its subset—private foreign aid—are in- creasingly playing a major role, both within and across coun- tries. The nonprofit sector in the United States alone had “$1.6 trillion in revenue” in 2004-05.2 Total private aid from donors in the U.S. is in the order of $300 billion per year.3 Of this total, 75 percent is from individual donations, about 13 percent from foundations, 7 percent from bequests, and 5 per- cent from corporations. Though most of this private aid in the 1. ARISTOTLE, THE NICOMACHEAN ETHICS 47 (Robert Williams trans., Longman’s, Green & Co. 2d ed. 1876). Quoted in GIVING WELL: THE ETHICS OF PHILANTHROPY (Patricia Illingworth, Thomas Pogge & Leif Wenar eds., forthcoming 2010). 2. The Nonprofit Career Guide, Fact Sheet: Nonprofit Size and Scope, http:/ /www.nonprofitcareerguide.org/fact_sheet-scope.php (last visited Apr. 15, 2010). 3. GIVINGUSA FOUNDATION, GIVING USA 2009 (2009).
  • 3. server05productnNNYI42-4NYI404.txt unknown Seq: 3 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1145 aggregate goes toward domestic causes, almost $37 billion goes overseas,4 which is the same order of magnitude as offi- cial aid flows from the U.S. (Table 1). Individual international development NGOs, even excluding those that are not large private foundations, can command substantial resources, with revenues and expenditures running into hundreds of millions of dollars (Table 2). TABLE 1. US ECONOMIC ENGAGEMENT WITH DEVELOPING COUNTRIES, 2007 USD Billions % of Total US Official Development Assistance $21.8 9% US Private Philanathropy $36.9 16% Foundations $3.3 9% Corporations $6.8 18% Private and Voluntary organizations $10.8 29% Volunteerism $3.5 9% Universities and colleges $3.9 11% Religious Organizations $8.6 23% US Remittances $ 79.0 34% US Private Capital Flows $ 97.5 41% US Total Economic Engagement $235.2 100% TABLE 2. EXPENDITURES AND REVENUES FOR SELECTED NONGOVERNMENTAL ORGANIZATIONS (FY 2006) Expenditure NGO ($ millions) Share of total revenue (%) U.S. Gov’t Private Feed the Children 675 0% 100% World Vision 946 26% 74% Food for the Poor 855 3% 97% American Red Cross 4,978 5% 95% Source: USAID Volag report, 2008 The moral imperative for those better off to help improve the lives of the world’s poorest faces tremendous ethical and practical challenges. Philanthropic organizations and their re- sources are inevitably drawn into power and patronage net- 4. CTR. FOR GLOBAL PROSPERITY, HUDSON INST., THE INDEX OF GLOBAL PROSPERITY AND REMITTANCES 16 (2009) available at https://www.hudson. org/files/documents/Index%20of%20Global%20Philanthropy%20and%20 Remittances%202009.pdf (hereinafter CTR. FOR GLOBAL PROSPERITY).
  • 4. server05productnNNYI42-4NYI404.txt unknown Seq: 4 2-SEP-10 14:24 1146 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 works of a country’s politics, which itself raises ethical quanda- ries.5 Increasing accountability is good in principle, but it does not by itself ensure better poverty outcomes. It may just amplify the complexities of development efforts.6 Questions of accountability begin at the conceptual stage. Is it better for international aid NGOs to focus on high-priority causes with greater chances of poor performance or to focus on lower-priority projects and do them well? Who should de- termine the priority of different causes—should it be govern- ments, aid agencies, or the beneficiaries themselves? Is it “morally defensible” for an NGO merely to protect some im- poverished populations from harm, even if a larger number of worse-off people could be protected elsewhere at the same cost? Should large NGOs divide their efforts “fairly” among developing countries, or should they focus on those places where they can do the most good? When, if ever, is it accept- able for NGOs to compete for limited funding?7 This paper argues that the emergence of new private aid mechanisms offers the potential to increase accountability through better flows of information and preference revelation among stakeholders. New technologies, combined with com- petitive pressures, make it possible for private aid platforms to adopt better accountability mechanisms faster than official agencies and traditional private aid intermediaries. If the new private aid mechanisms band together to form a common feedback mechanism, there will be greater pressure on official agencies to submit to the same mechanisms. In general, the adoption of these new accountability mechanisms is likely to have a positive effect, especially with respect to beneficiary em- powerment. Nonetheless, these mechanisms are not a pan- acea, and their impact will depend on specific social, political, and economic contexts. Their adoption is also likely to bring 5. See Alex de Waal, Ethics in Translation: Principles and Power in the Phil- anthropic Encounter, in GIVING WELL: THE ETHICS OF PHILANTHROPY, supra note 1. 6. See Lief Wenar, Accountability in International Development Aid, 20 ETH- ICS & INT’L AFF. 1, 7 (2006) (arguing that accountability can be expensive, create distrust, impose formalities, and be dangerous to efforts to empower the poor). 7. Thomas Pogge, How International NGOs Should Act, in GIVING WELL: THE ETHICS OF PHILANTHROPY, supra note 1.
  • 5. server05productnNNYI42-4NYI404.txt unknown Seq: 5 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1147 into sharper relief a number of deeper conceptual, philosoph- ical, and ethical questions. This paper proceeds as follows: we first address why ac- countability matters for foreign aid and how debates and poli- cies on this issue have evolved in recent years. We then ex- amine the implications of the emergence of private foreign aid for the existing framework of accountability in aid. Subse- quently, we discuss the role of new technologies that are being leveraged by the private sector to improve accountability in foreign aid through rating service providers, remote monitor- ing, and especially through enhanced beneficiary feedback mechanisms. We finally conclude by arguing that private aid should be seen as a complement and not a substitute for gov- ernments. Private aid can “crowd-in” and induce local govern- ments to provide better services via a demonstration effect, a competition effect, and an “intrinsic pressure” approach that empowers beneficiaries to exercise a greater voice. II. ISSUES OF ACCOUNTABILITY IN FOREIGN AID Accountability involves an assessment of the adequacy of performance and the carrying out of a corrective action in case of performance failure. It requires holders of power— those with resources, whether material (money) or symbolic (authority figures)—to “give an account” of the use of those resources and, where necessary, to offer “corrective action.”8 The paradox of accountability is that, while power flows upwards, the accountability that we ideally want for develop- ment aid is at least partially downwards—from the powerful to the less powerful. Effective accountability derives from a process whereby in- formation about the desirability, quality, or impact of an activ- ity shapes the behavior of decision makers.9 The strength of accountability is a function of three factors: motivation, infor- mation, and authority.10 8. U.N. DEV. FUND FOR WOMEN [UNIFEM], PROGRESS OF THE WORLD’S WOMEN 2008: WHO ANSWERS TO WOMEN? GENDER AND ACCOUNTABILITY 2 (2008). 9. The authors thank Mari Kuraishi and April Harding for key insights in this section of the paper. 10. This framework is based on a discussion with April Harding and Wil- liam Savedoff and is based on their work that is not yet published.
  • 6. server05productnNNYI42-4NYI404.txt unknown Seq: 6 2-SEP-10 14:24 1148 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 For accountability to be effectively exercised, all three fac- tors must be present and are usefully analyzed in the context of a principal-agent problem.11 Both the “principal” and the “agent” must have the following: an intrinsic desire or incen- tive to take remedial action (motivation); adequate and accu- rate information on which to base their actions; and the im- plicit or explicit power (authority) to effect the desired out- come through their actions. Accountability is often invoked in the context of assigning responsibility (and hence, sanctions) when something goes wrong. For example, if a levee bursts, accountability is sought by locating responsibility among those who designed, con- structed, or maintained that levee. But accountability can be more effective when it is used to shape behavior ex ante and during project implementation rather than ex post. This means finding out what is working and what is not, and re- sponding accordingly. In this way, accountability can be a powerful incentive for real-time or near real-time learning, rather than simply a sanctioning mechanism. The following analysis of the accountability chain demon- strates the complexity of issues surrounding foreign-aid do- nors. Broadly speaking, a principal delegates authority and re- sources to one or more intermediaries which in turn hire and delegate to one or more service providers. The overall goal is to deliver improved welfare for beneficiaries, so the principals receive information about the actual impact and take action if the impact is not as intended. This means that there is a flow of delegation as well as a flow of information with the account- ability chain following the chain of delegation.12 11. Principal-agent dynamics arise when the “principal”—a person (or- ganization) who wants something done—hires an “agent”—another person (organization)—to carry out the work. Problems arise because of asymmet- ric information and interests among the parties. Typically the principal wants to bring about an outcome, while the agent is primarily concerned with getting paid and/or avoiding sanction. For a fuller description see gen- erally Joseph E. Stiglitz, Principal and Agent, in 6 NEW PALGRAVE DICTIONARY OF ECON. 637-643 (2d ed. 2008). 12. Note that this is a stylized description of the accountability chain, which can include many additional links. In some frameworks, for example, the ultimate principals could be taxpayers, with the government itself being an intermediary. For foundations, in theory the public interest is the “prin- cipal” but in practice the principal, tends to be either the original funder (if alive) or the board of trustees, with management being an intermediary.
  • 7. server05productnNNYI42-4NYI404.txt unknown Seq: 7 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1149 Diagram: Flow of delegation: Principal (Funder) → Intermediary(-ies) → Service Provider(s) In this chain, the principal (generally the funder) can be a foundation, an individual donor, or a government (which is funded by taxpayers). The intermediary is an agent of the funder, while the service providers are agents of the intermedi- ary. The intermediary may be an official aid agency, a devel- oping country government, or a nonprofit. Sometimes in- termediaries, especially recipient governments and nonprofits, act directly as service providers, but often they subcontract the work to others. In the traditional model, a funder would seek to hold an intermediary accountable for outcomes to benefi- ciaries. If the outcomes for beneficiaries were not satisfactory, the funder would take corrective action through sanctions or other action against the intermediary. The intermediary, in turn, would hold the service provider(s) accountable in the same way. One shortcoming of this chain is that information often flows primarily from one link of the chain to the adjacent link on either side: Diagram: Flow of information: Principal (Funder) ← Intermediary(-ies) ← Service Provider(s) The adjacent link can either keep the information private or modify the information before releasing it to other links in the chain. This information tends to come slowly, as part of periodic reporting cycles rather than in real time. As a result, it is often too late to act on information about impact on bene- ficiaries because the relevant activities are completed or too far advanced to be effectively modified. In addition, the infor- mation received is likely to be at best incomplete and biased. Lant Pritchett has written eloquently on the disincentives for passing accurate information up the chain.13 To avoid sanc- tions, intermediaries and service providers have a strong in- 13. See, e.g., Lant Pritchett, It Pays to Be Ignorant: A Simple Political Economy of Rigorous Program Evaluation, in REINVENTING FOREIGN AID 124 (William Easterly ed., 2008) (arguing that advocates may be better off choosing igno- rance over public knowledge of true program efficacy).
  • 8. server05productnNNYI42-4NYI404.txt unknown Seq: 8 2-SEP-10 14:24 1150 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 centive to modify information to make beneficiary outcomes appear more positive than they actually are. What is conspicuously missing from this picture? The beneficiaries. For a variety of reasons, including the cost of communications, long distances, language, and attitudes, the preferences of beneficiaries and their reactions to aid projects have often been inferred by aid agencies rather than observed or solicited directly. To be fair, central to the charter of agen- cies such as the World Bank is that it will work through local governments, which are assumed to effectively aggregate the preferences of their citizens. Beginning in the 1990s, official agencies made increased efforts to interact directly with the intended beneficiaries,14 but this interaction has not become a core part of how they operate. Although there has been significant progress in benefici- ary ownership of foreign-aid programs,15 the typical official aid project remains a largely top-down undertaking. At its most extreme, a project is designed in Washington or London fol- lowing economic analyses by experts hired by the aid agency. Increasingly, host governments are playing a greater role in this process, but aid agencies continue to drive the agenda for the most part.16 The host government then takes the money and hires the service provider with close aid agency supervi- sion. Often the agency itself hires the service provider di- rectly. During implementation, the feedback loop is largely confined within the trinity of the aid agency, the host govern- ment, and the service provider. Sometimes there are refine- ments to project designs based on these feedback loops, but few projects are flexible enough to allow for major design changes. Once projects are underway, there is occasionally a 14. See, e.g., DEEPA NARAYAN ET AL., VOICES OF THE POOR: CAN ANYONE HEAR US? 15 (2000) (noting that the World Bank developed the Par- ticipatory Poverty Assessment, which included significant input from the world’s poor themselves). 15. In particular, the World Bank’s Poverty Reduction Strategy Paper process requires governments to consult a wide variety of stakeholders. See, e.g., World Bank, What Are PRSPs?, http://web.worldbank.org/WBSITE/ EXTERNAL/TOPICS/EXTPOVERTY/EXTPRS/0,,contentMDK:22283891~ pagePK:210058~piPK:210062~theSitePK:384201,00.html (last visited May 10, 2010). This was a major leap forward conceptually, even though the imple- mentation of this approach often has been superficial or flawed. 16. See Pritchett, supra note 13.
  • 9. server05productnNNYI42-4NYI404.txt unknown Seq: 9 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1151 protest against an official aid project by villagers or a protest by an advocacy group on behalf of beneficiaries that comes to the attention of the funders.17 But these are the exception rather than the rule. During the 1990s, the IMF and the World Bank re- sponded to external criticisms of their top-down programs by creating Poverty Reduction Strategy Papers (PRSPs), which mandated ex ante consultations with civil society groups about project priorities. However, the quality of this process and the representativeness of the civil society groups involved has been found to be inconsistent.18 With a few exceptions, direct input from beneficiaries is not solicited. Beneficiary feedback is, of course, not a panacea. The dif- ficulties with multiple and possibly conflicting objectives among funders and intermediaries has been extensively dis- cussed elsewhere.19 While some progress can be made through aligning objectives, clarifying roles, and disentangling funding from service provision, conflicts will remain. For this reason, accountability will continue to be mediated through a variety of democratic or bureaucratic mechanisms. However, there is significant scope to improve (a) the information flow- ing into these accountability mechanisms and (b) the free availability of that information to all links in the chain. Given this scope for improvement, the issue of accounta- bility in foreign aid began to gather steam in the 1990s. In 17. See, e.g., WORLD BANK INDEPENDENT EVALUATION GROUP, RECENT EXPE- RIENCE WITH INVOLUNTARY RESETTLEMENT: INDONESIA – KEDUNG OMBO (1998), available at http://lnweb90.worldbank.org/oed/oeddoclib.nsf/Doc UNIDViewForJavaSearch/6C34C30D2054817D852567F5005D6224 (citing “mountains of angry letters” in opposition to World Bank programs in Indo- nesia). 18. For a review of the entire PRSP experience, see WORLD BANK INDE- PENDENT EVALUATION GROUP, THE POVERTY REDUCTION STRATEGY INITIATIVE: AN INDEPENDENT EVALUATION OF THE WORLD BANK’S SUPPORT THROUGH 2003 6 (2004), available at http://lnweb90.worldbank.org/oed/oeddoclib.nsf/24 cc3bb1f94ae11c85256808006a0046/6b5669f816a60aaf85256ec1006346ac/$ FILE/PRSP_Evaluation.pdf (discussing common external criticisms of PRSP initiatives). 19. See, e.g., Owen Barder, Beyond Planning: Markets and Networks for Better Aid 8 (Cent. for Global Dev., Working Paper No. 185, 2009), available at http://www.cgdev.org/content/publications/detail/1422971/ (citing di- verse additional objectives that organizations have besides poverty reduc- tion).
  • 10. server05productnNNYI42-4NYI404.txt unknown Seq: 10 2-SEP-10 14:24 1152 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 international development debates, there have been long standing debates about the influence and impact of the IMF and the World Bank on developing countries, raising ques- tions about their accountability.20 Who are they accountable to? Rich country governments that control these institutions as a result of their dominant shareholding? Recipient country governments who are the sovereign borrowers and accounta- ble for repaying these loans? Or the impoverished people, who are the ostensible beneficiaries and raison d’etre for these institutions in the first place? And what are they accountable for? III. MEASURING ACCOUNTABILITY Concerns over the effectiveness of publicly funded aid led to calls for greater accountability in international development aid, beginning with international financial institutions and gradually encompassing bilateral international development agencies. NGOs, who had lead the charge on the weak ac- countability of these organizations, began facing questions on their own legitimacy and accountability. As a trenchant cri- tique in the Economist put it, NGOs “may claim to be acting in the interests of the people—but then so do the objects of their criticism, governments and the despised international institu- tions. In the West, governments and their agencies are, in the end, accountable to voters. Who holds the activists accounta- ble?”21 In principle, the funding allocation decisions of NGOs could either be driven by recipient needs or the NGOs’ own organizational self-interest (defined broadly), or some mix of the two. An analysis of forty leading U.S.-based transnational NGOs lends some support to the former view: the country allo- cations of these NGOs were in congruence with objective de- velopment needs.22 However, just because funds appear to go 20. See Ngaire Woods, Holding International Institutions to Account, 17 ETH- ICS & INT’L AFF. 69 (2003) (citing regular protests advocating for greater accountability during IMF meetings). 21. Angry and Effective, THE ECONOMIST, Sept. 23, 2000, at 85. 22. See Tim B¨uthe, Solomon Major & Andr´e de Mello e Souza, The Politics of Private Development Aid: Serving Recipient Needs or Donor Interests? 16 (2009), http://www.duke.edu/~buthe/downloads/BMdMeS_PrivateAid_Nov09.pdf (describing characteristics of donor countries).
  • 11. server05productnNNYI42-4NYI404.txt unknown Seq: 11 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1153 to poor countries does not necessarily imply that funds go to poor people: studies in Bangladesh and Uganda have found that NGOs do not locate in the neediest communities.23 Per- haps even more importantly, there is no clear evidence that private foreign aid programs achieve their intended goals. An OECD survey found little reliable evidence on the impact of NGO development projects and programs. Only rarely do publicly available program evaluations from NGOs contain rig- orous statistical analysis or report negative outcomes.24 As an- other study points out, “the paucity of clear, objective evalua- tions should not be particularly surprising. It is in neither the interests of the NGOs nor the official donor agency (complicit as a funder) to publicize less-than-stellar results.”25 Studies on the accountability of private philanthropy have focused on performance metrics and mechanisms to improve accountability. Table 3 summarizes some of the metrics used to measure performance in non-profits. The key mechanisms are (a) reports and disclosure statements, (b) performance as- sessments and evaluations, (c) participation, (d) self-regula- tion, and (e) social audits.26 Each mechanism can be evalu- ated along three dimensions: upward-downward, internal- external, and functional-strategic. Many studies have com- mented that accountability measures in NGOs prioritize the needs of the donor over those of the other stakeholders.27 For 23. See Anna Fruttero & Varun Gauri, The Strategic Choices of NGOs: Loca- tion Decisions in Bangladesh, 41 J. DEV. STUD. 759, 761 (2005) (discussing the common practice of NGOs locating themselves in major cities within Ban- gladesh); Abigail Barr, Marcel Fafchamps, & Trudy Owens, The Governance of Non-Governmental Organizations in Uganda, 33 WORLD DEV. 657, 673 (2005) (citing studies that NGOs are not often located in the poorest areas of the poorest countries). 24. See Organisation for Economic Co-operation and Development, Searching for Impact and Methods: NGO Evaluation Synthesis Study (1997), availa- ble at http://www.valt.helsinki.fi/ids/ngo/ (stating that very few rigorous studies examine improvements in the lives and livelihoods of the benefi- ciaries). 25. Eric D. Werker & Faisal Z. Ahmed, What Do Nongovernmental Organiza- tions Do?, 22 J. OF ECON. PERSP. 73, 87 (2008) (citing ROGER C. RIDDELL ET AL., NON-GOVERNMENTAL ORGANIZATIONS AND RURAL POVERTY ALLEVIATION (1995)). 26. Alnoor Ebrahim, Accountability in Practice: Mechanisms for NGOs, 31 WORLD DEV. 813, 815 (2003). 27. See Lisa Jordan, Mechanisms for NGO Accountability 7 (Global Pub. Pol’y Inst., Research Paper No. 3, 2005) available at http://www.gppi.net/filead
  • 12. server05productnNNYI42-4NYI404.txt unknown Seq: 12 2-SEP-10 14:24 1154 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 TABLE 3. ACCOUNTABILITY METRICS USED BY VARIOUS NONPROFITS Name of Approach Used Description Organization Acumen Fund BACO Ratio (Best Quantifies an investment’s social Available impact and compares it to the Charitable universe of existing charitable options Option) for that explicit social issue Center for High Cost per impact Assesses the “good” of a philanthropic Impact Philanthropy investment in terms of its relevant at the University of components: social impact (as Pennsylvania measured by objective, predetermined criteria) and cost Robin Hood Benefit-Cost ratios A monetization approach that Foundation, New converts impact into dollars by York City measuring aggregate benefit to poor people (measured in part by the projected boost in future earnings) REDF, San Social Return on Identifies direct, demonstrable cost Francisco (now also Investment savings and revenue contributions used by the New (SROI) associated with an individual’s Economics employment in a social purpose Foundation, UK) enterprise McKinsey and Co. McKinsey Capacity A tool designed to help nonprofit Assessment Grid organizations assess their organizational capacity Humanitarian HAP Standard in Certification requires that an agency Accountability Humanitarian demonstrate that it meets the six Partnership (HAP) Accountability and benchmarks and nineteen Quality requirements in the HAP Standard; Management includes documentation, transparency and monitoring, and evaluation reports The Sphere Project Sphere The handbook outlines eight Humanitarian minimum standards and “key Charter and indicators” to show whether the Minimum standard has been attained Standards in Disaster Response Foreign Aid Ratings Foreign Aid Extensive evaluation of organizations LLC Certification and on five criteria: transparency, social Social Value impact, financials, institutional Ratings development, and DME* One World Trust Proprietary Index The index is based on criteria such as for ranking transparency and participation organizations Millennium Candidate Evaluates policy performance of Challenge Country Scorecard countries on three broad policy Corporation (US categories: Ruling Justly, Investing in Govt) People, and Encouraging Economic Freedom * DME: Design, Monitoring, and Evaluation
  • 13. server05productnNNYI42-4NYI404.txt unknown Seq: 13 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1155 example, the accountability tools of reports and disclosure statements reflect “upward” accountability to oversight agen- cies, are “externally” induced by legal and tax requirements, and are “functional” in the sense that they are directed toward short-term outcomes. On the other hand, community partici- pation is an accountability process that reflects “downward” ac- countability through the involvement and inherent feedback of beneficiaries, is “internally” induced insofar as it is a choice on the part of the NGO to involve the community, and can be considered “strategic” in the sense that it seeks long-term legit- imacy of the NGO in the eyes of beneficiaries and funders. Within this framework, Ebrahim argues that accountabil- ity in practice has emphasized “upward” and “external” ac- countability to donors while “downward” and “internal” mech- anisms remain comparatively underdeveloped. Moreover, NGOs and funders have focused primarily on short-term “functional” accountability responses at the expense of longer- term “strategic” processes necessary for lasting social and polit- ical change.28 However, this is one of many trends that is likely to change with new technologies that enable community feedback. These trends are examined later in Section V. Despite the increased emphasis on data-driven accounta- bility processes, this continues to be rare in the NGO sector. As one critique points out, even though “evaluation is com- monly espoused as a tenet of good NGO work, the collective body of industry evaluations reveals very little about their ac- tual impact.”29 Indeed, an analysis of foreign funding of de- mocracy-building NGOs in Eastern Europe found that interna- tional NGOs may have created domestic offshoots that were well-funded but weak in grassroots support.30 Some have even argued that “as media-savvy organizations hungry for publicity, NGOs are often ill suited to dealing with long-term issues.”31 Many transnational NGOs do not have strong democratic min/gppi/Jordan_Lisa_05022005.pdf (stating that it is more often donors who request greater accountability from NGOs than other stakeholders). 28. See Ebrahim, supra note 26, at 815 (distinguishing between functional accountability and strategic accountability). 29. Werker & Ahmed, supra note 25, at 87. 30. See id. at 86 (citing critical literature of democracy-building NGOs in Eastern Europe). 31. Vivien Collingwood, Non-governmental Organisations, Power and Legiti- macy in International Society, 32 REV. INT’L STUD. 439. 450 (2006) (citing COM-
  • 14. server05productnNNYI42-4NYI404.txt unknown Seq: 14 2-SEP-10 14:24 1156 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 processes, public accountability, or levels of representative- ness, and therefore do not frame their accountability in these terms. Instead, they frame their accountability with reference to specific values and causes such as refugees, human rights, and human trafficking.32 IV. THE EMERGENCE AND IMPLICATIONS OF PRIVATE FOREIGN AID In the current and foreseeable economic climate, foreign aid as it is traditionally defined—government funded and im- plemented—is unlikely to grow in significant way, not only be- cause of resource limitations but also because of a widespread belief that it is ineffective.33 Critics argue that, because of the conflicting motivations of government-funded foreign aid, the development aspects are shortchanged, and hence its impact on the poor is rather limited. In contrast, privately funded foreign aid has been growing in recent years.34 Indeed, the role of private actors in foreign aid programs has been longstanding. Government funded aid programs have subcontracted their aid management and im- plementation functions to private contractors and NGOs, and religious charities such as Catholic Relief Services and Lu- theran World Relief have been providing aid since World War II. What is different now, however, is the growth of secular forms of privately funded and implemented cross-border phi- lanthropy. According to one estimate, more than 60 percent of the nearly $27 billion budget of international development NGOs in 2005 came from private sources.35 PASSION AND CALCULATION: THE BUSINESS OF PRIVATE FOREIGN AID (David Sogge, Kees Biekart & John Saxby eds., 1996)). 32. See generally Anton Vedder, ‘Non-State Actors’ Interference in the Interna- tional Debate on Moral Issues – Legitimacy and Accountability, in THE WTO AND CONCERNS REGARDING ANIMALS AND NATURE (Anton Vedder ed., 2003) (dis- cussing the problems that arise from the multitude of potentially conflicting moral causes). 33. See generally WILLIAM EASTERLY, THE WHITE MAN’S BURDEN: WHY THE WEST’S EFFORTS TO AID THE REST HAVE DONE SO MUCH ILL AND SO LITTLE GOOD (2006) (arguing that Western aid to the developing world is ineffec- tive at best and harmful at worst). 34. See CTR. FOR GLOBAL PROSPERITY, supra note 4, at 18 (showing a dra- matic growth in privately funded foreign aid, in absolute terms and in rela- tion to other forms of foreign aid). 35. B¨uthe, supra note 22, at 1.
  • 15. server05productnNNYI42-4NYI404.txt unknown Seq: 15 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1157 One strand of the privatization of foreign aid has been the emergence of what has been termed “supraphilanthropy,” in which large private foundations intervene in aid and devel- opment to achieve very specific goals. This new agenda incor- porates elements of “new public management” that involve ap- plying management concepts originating in the for-profit sec- tor, such as utilizing quantifiable metrics to assess outcomes.36 Even the venerable Gates Foundation, the quintessential supraphilanthropic organization, has been criticized for its lack of transparency and weak governance, and for prioritizing funding on diseases that are not necessarily the greatest bur- den, investing in diseases instead of health systems, focusing too heavily on technology, and having a funding bias toward organizations from the U.S. and U.K.37 Moreover, it has been accused of pandering to Bill Gates’ shifting priorities of what is important in the world of development and health. This should not be surprising. All foundations shift their priorities in line with the changing interests and views of their funders. However, since the Gates Foundation receives public subsidies in the form of tax exemptions, these limitations have led crit- ics such as David McCoy to argue that “there should also be an expectation that the foundation is subject to some public scru- tiny.”38 In another example of the legitimacy of an NGO being called into question, Timothy Ogden, the editor-in-chief of the online journal Philanthropy Action, recently criticized Kiva, stat- ing that the organization is trying “to make the illusion of per- son-to-person contact much more believable. The problem is that they are no more connecting donors to people than the child sponsorship organizations of the past did.”39 Until bet- 36. Paul Stubbs, International Non-State Actors and Social Development Policy, 3 GLOBAL SOC. POL’Y 319, 338 (2003). 37. See David McCoy, Gayatri Kembhavi, Jinesh Patel & Akish Luintel, The Bill & Melinda Gates Foundation’s Grant-Making Programme for Global Health, 373 LANCET 1645, 1648 (2009) (citing statistics that show most funding for universities go to U.S. and U.K. institutions). 38. Id. at 1652. 39. Stephanie Strom, Confusion on Where Money Lent via Kiva Goes, N.Y. TIMES, Nov. 9, 2009, at B6. But see Raj M. Desai & Homi Kharas, Do Philan- thropic Citizens Behave Like Governments? Internet-Based Platforms and the Diffu- sion of International Private Aid 3 (Brookings Inst., Working Paper No. 12, 2009) (claiming that “internet-based aid offers a more direct connection be- tween giver and recipient”).
  • 16. server05productnNNYI42-4NYI404.txt unknown Seq: 16 2-SEP-10 14:24 1158 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 ter accountability mechanisms are instituted, the legitimacy of development NGOs will be increasingly questioned. Much of the debate on accountability has centered on motivation (incentives) and authority (clarifying roles and power). Enhancing motivation and authority can increase the exercise of accountability. But good accountability also requires good information, and this is where private aid40 offers exciting possibilities. Private aid—especially from newer and smaller funders—is likely to drive innovations in information for two reasons. First, private funders will have to generate their own information because the traditional sources of information41 on aid activities are often unavailable to them. Second, private funders often make decisions using different types of informa- tion than the data supposedly used by official agencies and governments. As we will see, new technologies and ap- proaches in private aid are creating new feedback mechanisms that could hopefully migrate to official funders as well. In the marketplace, competition (choice) is one way to achieve accountability. For instance, in the business world, it takes an average of fifty-eight ideas to successfully launch one product.42 And once a successful product is introduced, it is periodically updated to respond to customer feedback. The companies that are most effective at experimenting with new ideas and updating their products succeed more often against their competitors. Companies that fail to develop rapid-cycle experimentation and design refinement decline or go out of business, paving the way for new, innovative companies to enter the market.43 40. We use the term private aid to include philanthropy from individuals, foundations, and corporations. 41. Such sources include formal databases and evaluation reports by offi- cial agencies such as the UN and World Bank, the tacit information inherent in long experience in the field by older foundations, and the network of social connections that larger and older funders can draw on for informa- tion about potential project designs or grantees. 42. Albert L. Page, Assessing New Product Development Practices and Perform- ance: Establishing Crucial Norms 10 J. PROD. INNOVATION & MGMT. 273, 284 (1993). 43. For an index of the Fortune 500 companies among the top ten in 1990 until the end of the decade, see Fortune 500, FORTUNE, available at http://money.cnn.com/magazines/fortune/fortune500/2010/index.html (last visited June 15, 2010). Open competition meant that successful new-
  • 17. server05productnNNYI42-4NYI404.txt unknown Seq: 17 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1159 No such dynamic exists in the official aid sector, where exit and entry are rare. Until recently, new entrants into the private aid sector were also infrequent, but this has changed over the past decade with an influx of money from new philan- thropists and the emergence of new private aid platforms based on new technology tools. These new tools generate richer information with shorter time cycles, thus improving the quality and timeliness of feedback about what works and what does not.44 Even though the larger foundations increasingly empha- size measurement and data,45 surveys consistently show that among individual donors the primary motivation for giving de- cisions is word-of-mouth.46 The recommendations and opin- ions of friends, trusted people, and trusted intermediaries are the main drivers of allocation decisions.47 Trusted people may include experts in the field or, in the church context, mission- aries who spend most of their time in the field. Trusted in- termediaries include large nonprofits, whose recommenda- comers displaced the rest. Authors’ analysis based on data published in For- tune Magazine. 44. An example is the Institute for Health Metrics and Evaluation (IHME) at the University of Washington, created in July 2007 “to improve the health of the world’s populations by providing the best information on population health.” Institute for Health Metrics and Evaluation, http:// www.healthmetricsandevaluation.org/who/vision.html (last visited May 7, 2010). In addition to offering comprehensive time-series data on global health spending, it aims to provide in-depth analysis of the performance of these projects. Given that private philanthropic giving—which represents almost a third of all health aid—was not being systematically monitored, the IMHE’s efforts are an important step toward greater accountability in for- eign aid directed toward health. 45. See Claire Cain Miller, A New Tool for Venture Philanthropists, N.Y. TIMES, Sept. 25, 2008, available at http://bits.blogs.nytimes.com/2008/09/ 25/a-new-tool-for-venture-philanthropists (citing tools to assess grantees and set benchmarks for measuring social impact). 46. See KATYA ANDRESEN, ROBIN HOOD MARKETING: STEALING CORPORATE SAVVY TO SELL JUST CAUSES 145 (2006) (discussing reasons for individuals to give feedback and opinions). 47. See CTR. ON PHILANTHROPY AT IND. UNIV., 2008 STUDY OF HIGH NET WORTH PHILANTHROPY: ISSUES DRIVING CHARITABLE ACTIVITIES AMONG AFFLU- ENT HOUSEHOLDS 62 (2008) (citing statistics that high-net-worth households were more likely to consult with accountants and attorneys when making charitable decisions, and increasingly more likely to consult with peers or peer networks).
  • 18. server05productnNNYI42-4NYI404.txt unknown Seq: 18 2-SEP-10 14:24 1160 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 tions and opinions are included in solicitations and newslet- ters. Recent reports suggest that individuals are not the only players that depend upon informal processes in making alloca- tion decisions. For example, the Gates Foundation has been criticized for distributing grants “through an informal system of personal networks and relationships rather than by a more transparent process based on independent and technical peer review.”48 It could be argued that a private foundation or do- nor is entitled to its own agenda and funding mechanisms. Af- ter all, normative beliefs inform all individual giving decisions to some degree. However, the question of accountability be- comes more germane when the very size of the private donor (such as the Gates Foundation) gives it unrivaled influence in shaping and defining the foreign aid agenda.49 V. TECHNOLOGY ENABLED MARKETPLACES IN PRIVATE AID The good news is that technological advances have made possible new mechanisms for ensuring accountability in giv- ing. However, these new mechanisms are only just beginning to emerge. While there are no silver bullets, this paper argues that these mechanisms have the potential to significantly ad- vance the effective exercise of accountability in foreign aid. It seems that the trend for increased private giving is here to stay. In addition to large foundations such as the Bill & Me- linda Gates Foundation, new “marketplaces” for aid and microfinancing, such as GlobalGiving and Kiva,50 are making it far easier for regular people to conduct what Nicholas Kris- toff calls “do-it-yourself foreign aid.”51 This trend allows pri- vate donors to direct their funds to specific uses in the devel- oping world and then to track their impact. Initiatives such as the Acumen Fund are using venture capital approaches to in- vest in companies overseas whose missions are to improve lives. Overall, the buzz of entrepreneurs, business techniques, ven- 48. McCoy, supra note 37, at 1650. 49. See id. at 1651 (discussing the shaping of policies on core health sys- tems issues). 50. See generally GlobalGiving, http://www.globalgiving.org (last visited May 7, 2010); Kiva, http://www.kiva.org (last visited May 7, 2010). 51. Nicholas D. Kristof & Sheryl WuDunn, Do-It-Yourself Foreign Aid, N.Y. TIMES MAG., Aug. 23, 2009, at MM38.
  • 19. server05productnNNYI42-4NYI404.txt unknown Seq: 19 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1161 ture capital models of social investing, promising startups, and funding models conditional on performance has created a strong belief that private foreign aid is much more creative, effective, and accountable. But how valid is this belief? New private aid actors are piloting technology that holds the potential to radically change the way that information flows and accountability are exercised. This technology in- creasingly makes it possible for principals to (a) observe bene- ficiary outcomes much more directly and quickly and/or (b) hear directly from beneficiaries regarding their own satisfac- tion with the outcomes. A. Case Study: GlobalGiving GlobalGiving is a prime example of a private aid market- place made possible by the internet and other technologies. Based on referrals and internal due diligence, GlobalGiving selects community-based organizations in over seventy coun- tries to list projects on its site. Donors browse these projects, see the impact that different levels of funding can have, and then make donations to specific projects in amounts ranging from $10 to $200,000. Project leaders must make quarterly progress reports, which are posted on the site and emailed to donors. Donors and website visitors are then able to comment on project updates. To date, more than 110,000 individual do- nors, along with many private companies and foundations, have provided $30 million in funding to 2,800 projects. Data on the mix of projects funded through GlobalGiving can be found in Table 4. Private aid can create strong accountability pressure through its method of project selection by leveraging networks of relationships. When combined with new technology plat- forms, these networks can create strong ex ante pressures for quality and can also (at least theoretically) create incentives to support success during implementation. Thus, GlobalGiving depends heavily on formal and informal networks to validate the quality of organizations that are permitted to list projects on the marketplace. In the early stages, nearly all organiza- tions listing projects on GlobalGiving had to be formally spon- sored by a reputed international field-based organization with which GlobalGiving had a legal agreement. The sponsoring organizations would refer community-based organizations with
  • 20. server05productnNNYI42-4NYI404.txt unknown Seq: 20 2-SEP-10 14:24 1162 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 TABLE 4. GLOBALGIVING PROJECT DATA percent percent average frequency (of total that have $ goal 2,563) closed education 759 29.6 27.3 $63,737 health 461 18.0 35.6 90,899 economic development 385 15.0 35.8 78,810 gender issues 196 7.7 35.7 59,781 environment 188 7.3 26.6 77,299 children 176 6.9 38.6 60,965 human rights 141 5.5 36.9 70,120 disaster relief 54 2.1 29.6 85,454 climate 52 2.0 26.9 60,291 technology 49 1.9 38.8 144,373 finance 32 1.3 43.8 122,755 democracy 31 1.2 29.0 108,284 sports 25 1.0 24.0 89,563 animals 13 0.5 7.7 63,091 humanitarian 1 0.1 100.0 6,000 Number of one-time donors: 64,591 Number of one-time donors to a specific project (perhaps donated again to other projects): 88,523 which they had worked in the past and in whom they had con- fidence in terms of leadership and project quality. Since the names of these sponsoring organizations appeared publicly on the home pages of the projects they sponsored on GlobalGiv- ing, the sponsoring organizations had an incentive to preserve their reputations by referring high-quality organizations—and also by keeping an eye on the projects during implementation. Often, donors on GlobalGiving will decide to support a small community-based project organization because they rec- ognize and trust its sponsor. Once listed on GlobalGiving, project organizations begin building a track record on the site that donors can see. This track record enables the small pro- ject organization to build a reputation of its own, and it creates a self-reinforcing incentive for performance. As the GlobalGiving marketplace grows, even donors who are not transacting through the marketplace are beginning to check out organizations’ track record on GlobalGiving. B. Greater public awareness and fundraising ability New social media outlets are emerging as an alternative forum for fundraising and enhancing interest in the work of
  • 21. server05productnNNYI42-4NYI404.txt unknown Seq: 21 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1163 nonprofit organizations. There are many variations on the ba- sic theme of connecting with individuals with charities through social media. These include applications on Facebook, Twitter feeds, blogging, virtual fundraising events, and expanded online presence on popular sites like YouTube. Facebook alone, with its Causes application, has allowed at least 25 million users to express their support for at least one cause.52 Twitter, the other social media giant, has had success both online and offline by allowing charities to solicit dona- tions and organize real fundraising events called Twestivals to further engage their supporters. Twitter’s biggest Twestival fundraising success story is raising over $250,000 for “charity: water,” a nonprofit organization that has had considerable suc- cess with leveraging social media.53 With Twitter followers and Facebook friends acting as cur- rency in the world of social media, there have been several innovative attempts to use the vast online networks of the ma- jor online influencers. The actor Hugh Jackman recently an- nounced that he would give $100,000 to a charity whose sup- porter could convince him of its worth in the span of a “tweet,” which is 140 characters, or about twenty words.54 While this may seem outlandish, it is in some ways the compressed ver- sion of what any philanthropist does when she chooses to make a donation. Pepsi recently decided to forgo advertising on the Super Bowl, and instead give away $20 million to social projects selected by popular voting on its website.55 52. See Kim Hart & Megan Greenwell, To Nonprofits Seeking Cash, Facebook App Isn’t so Green, WASH. POST, Apr. 22, 2009, at C1 (citing data showing that more than 25 million Facebook users have signed on as supporters of at least one cause). 53. See Amanda Rose, Twestival Raises over $250k and Counting, MASHABLE, Feb. 18, 2009, http://www.mashable.com/2009/02/18/twestival-results/ (reporting on result of first Twestival on raising funds for charity); see also Twestival, Frequently Asked Questions, http://twestival.com/faq/ (stating that the first Global Twestival raised more than $250,000 through online donations) (last visited Apr. 11, 2010). 54. Bonnie Malkin, Hugh Jackman Makes $100,000 Charity Pledge on Twitter, DAILY TELEGRAPH (LONDON), Apr. 15, 2009, available at http://www. telegraph.co.uk/technology/twitter/5156504/Hugh-Jackman-makes-10000- charity-pledge-on-Twitter.html. 55. See generally Refresh Everything, http://www.refresheverything.com (last visited May 7, 2010).
  • 22. server05productnNNYI42-4NYI404.txt unknown Seq: 22 2-SEP-10 14:24 1164 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 At one level, the social media phenomenon is not that dif- ferent from older initiatives for fundraising, such as charity marathons, auctions, “ladies-who-lunch” luncheons, and vol- unteers on the street. It merely harnesses newer, more viable technologies while continuing to speak to people’s interests. What is distinct, however, is the vast network of supporters gar- nered by the nonprofit organization or cause. It is the sup- porter networking capabilities of these new technologies that stand to have the greatest impact on the accountability and effectiveness of development and aid organizations. Committed supporters who broadcast their support for the cause du jour to their networks of friends are giving more than money or time. As Randi Zuckerburg of Facebook puts it, these supporters are giving their reputations to the charity, which, in turn, can make them feel more invested in the pro- cess.56 Although for many users, the very ease of connecting with nonprofit organizations through social media allows them to get away without engaging deeply with the issues at hand (a trend pejoratively termed “slacktivism”), these networks are so large that, even if a small percentage monitors what happens to the funds, the level of scrutiny—and consequent effects on accountability—will be unprecedented. Other technologies, such as “text-to-give” by cell phone, have also attracted attention lately. It was reported that the American Red Cross raised $10 million in less than four days through this channel after the earthquake in Haiti.57 VI. THREE NEW MECHANISMS FOR GREATER ACCOUNTABILITY It is probably too early to really gauge the success of pri- vate aid arising from social media users and its contributions to enhancing accountability. But we can examine the chan- nels through which increased accountability is likely to occur. They fall into three broad categories: ratings of intermediaries and service providers, remote monitoring, and community feedback. Although the first two of these categories hold sig- nificant promise and are discussed briefly below, this article will focus more on community feedback, since such feedback 56. Brad Stone, Clicking for a Cause, N.Y. TIMES, Nov. 11, 2009 at F10. 57. Karin Zeitvogel, Mobile Relief: Americans Text Aid to Haiti, AGENCE FRANCE PRESSE, Jan.15, 2010, available at http://www.google.com/hosted news/afp/article/ALeqM5hsJuKebFn2J1dGz3FRlzNzC95RSg.
  • 23. server05productnNNYI42-4NYI404.txt unknown Seq: 23 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1165 contains information on ex ante preferences as well as judg- ments about outcomes, and, in the authors’ view, raises the most profound questions about accountability and the democ- ratization of the aid process. Groups such as those discussed below have begun to rate intermediaries and service providers on a range of input, out- put, and occasionally outcome measures for the organization as a whole. Remote monitoring refers to the ability of the principal to directly observe the impact of a project through methods such as satellite images. Google Earth58 and related services discussed below are making it possible for principals to corroborate information on impact provided by in- termediaries, especially for projects that result in physical im- pacts or outputs. Community feedback refers to the collection of informa- tion directly from beneficiaries and other stakeholders (in- cluding funders and experts not working for the principal or intermediaries). This information can be collected ex ante (“What kind of project do you think has the highest priority for the community?”) or ex post (“How well did that project work?”). It can even be collected during implementation (“How well is the project going? Does it need modification?”). While in principle these are distinct accountability chan- nels, the rise of new online marketplace mechanisms promises to unite these new strands of information flows. Examples of these mechanisms include GlobalGiving, GiveIndia, Donor- sChoose, Help Argentina, Kiva,59 and many others around the world.60 In each case, they enable new service providers to list projects that can be selected and supported by any funder in the world. These marketplaces are by their nature focused on the type of information that help funders make good deci- sions, and they are constantly experimenting with new fea- tures. 58. See generally Google Earth, http://www.earth.google.com (last visited May 7, 2010). 59. See generally Give India, http://www.giveindia.org (last visited May 7, 2010); Donors Choose, http://www.donorschoose.org (last visited May 7, 2010); Help Argentina, http://www.helpargentina.org (last visited May 7, 2010); Kiva, www.kiva.org (last visited May 7, 2010). 60. See, e.g., BetterPlace, http://www.betterplace.org (last visited May 7, 2010).
  • 24. server05productnNNYI42-4NYI404.txt unknown Seq: 24 2-SEP-10 14:24 1166 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 A. Ratings of service providers Several groups in the U.S. have already begun to provide information about independent ratings of nonprofit service providers. This approach is akin to Consumer Reports’ rating of service reliability of different brands and helps the principal determine whether funding an organization is likely to result in a positive impact. Competition among these groups is re- sulting in innovations that improve quality and relevance of the ratings over time. These organizations include Guidestar,61 which makes available broad financial and legal information about many U.S. nonprofits, Charity Navigator,62 which provides ratings of one to four stars for a select group of nonprofits, and GiveWell,63 which provides in-depth analysis of certain programs and initiatives. Philanthropedia64 ranks non- profits based on an aggregation of reviews by nonprofit profes- sionals. These efforts are relevant to accountability in foreign aid for two reasons. First, all of these platforms offer funders inde- pendent information about U.S. intermediaries and service providers—something that is not available to the foreign aid sector. The official aid agencies and even large nonprofits have effectively muffled outside pressure for better accounta- bility by creating costly in-house evaluation mechanisms that tend to operate with different methodologies and whose find- ings are often carefully framed before release.65 Second, the rating agencies themselves have been forced to innovate by competition and by market signals related to what principals care about. For example, Charity Navigator used to rank nonprofits largely based on overhead costs. How- ever, after many users and competitors in the marketplace 61. See generally Guidestar, http://www2.guidestar.org (last visited May 7, 2010). 62. See generally Charity Navigator, http://www.charitynavigator.org (last visited May 7, 2010). 63. See generally Give Well, http://www.givewell.org (last visited May 7, 2010). 64. See generally My Philanthropedia, http://www.myphilanthropedia.org (last visited May 7, 2010). 65. See Pritchett, supra note 13, at 140 (arguing that organizations engage in strategic ignorance and will generate enough evaluation to allow for effec- tive intervention and maintain the persuadability of key stakeholders, but not so much evaluation that necessary support is lost).
  • 25. server05productnNNYI42-4NYI404.txt unknown Seq: 25 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1167 noted that overhead costs were a very poor proxy for effective- ness, Charity Navigator was forced to change its methodology. This move was applauded by its competitors, who believe that the change helps advance the popular conception of account- ability and enables the different organizations to focus on more relevant indicators.66 B. Remote monitoring The rapid decline in the cost of audio and video record- ing devices, the ability to transmit the information over the internet, and the availability of such free or low-cost tools such as Google Earth enable funders to get much more raw data about what is actually happening on the ground and to make sense of that data by using annotation and sharing features in tools such as Google Maps.67 These new information sources help funders reduce the principal-agent problems inherent in funding activities through service providers, since funders are now able, in some cases, to directly observe the impact of the activities they are funding. A recent example of this is a tool called FORMA (Forestry Monitoring for Action), developed by the Center for Global Development and the government of Denmark.68 It uses satellite imagery to produce monthly maps of deforestation down to a very small scale. Another example is the use of satellite images by the World Agroforestry Centre in Nairobi, Kenya to promote better use of fertilizer in African agriculture projects.69 These tools tend to be most effective in monitoring the impact of physical outputs rather than projects involving personal interactions. Recently, the availability of cheap cameras (and camera phones) has allowed for monitor- 66. See Philanthropy Action, The Worst (and Best) Way to Pick a Charity This Year 2 (2009), http://www.philanthropyaction.com/documents/Worst_ Way_to_Pick_A_Charity_Dec_1_2009.pdf (discussing changes to Charity Navigator’s system, which will now focus more heavily on the charity’s effec- tiveness and transparency). 67. See generally Google Maps, http://maps.google.com (last visited May 7, 2010). 68. See generally Ctr. for Global Dev., Forest Monitoring For Action, http://www.cgdev.org/section/initiatives/_active/forestmonitoringforac tionforma (last visited Apr. 10, 2010). 69. See Agriculture and Satellites: Harvest Moon, THE ECONOMIST, Nov. 7, 2009, at 75 (explaining how prescriptions for growing crops can be obtained quickly and less expensively by measuring electromagnetic radiation re- flected from farmland via orbiting satellites).
  • 26. server05productnNNYI42-4NYI404.txt unknown Seq: 26 2-SEP-10 14:24 1168 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 ing personal interactions. In India, an experiment to reduce teacher absenteeism provided teachers with a camera with a tamper-proof date and time function, along with instructions to have one of the children photograph the teacher with other students at the beginning and end of the school day. The time and date stamp on the photographs were used to track teacher attendance which was then linked to her/his salary. The result was an immediate decline in teacher absenteeism and, over time, positive child learning outcomes.70 C. Community feedback71 The popularity of community feedback on sites ranging from commercial sites like eBay72 and Amazon73 to pure rat- ings sites like TripAdvisor74 and Yelp75 has led to the adoption of similar mechanisms on sites related to private aid. Even before the advent of online feedback mechanisms, the Keca- matan Development Project in Indonesia pioneered a system of providing transparent information to villagers about local aid projects and their costs, and solicited feedback from the villagers themselves.76 This transformed the accountability chain in this program. About five years ago, GlobalGiving began to encourage donor feedback on progress updates posted by community ser- vice providers. Many other online marketplaces now do the 70. See Esther Duflo & Rema Hanna, Monitoring Works: Getting Teachers to Come to School 29 (2006), http://poverty-action.org/sites/default/files/ MonitoringWorks.DufloHanna.2006.pdf (citing opportunity costs of de- creased teacher absenteeism). 71. The authors thank Marc Maxson for input and ideas on this section of the paper. 72. See generally eBay, http://www.ebay.com (last visited May 7, 2010). 73. See generally Amazon, http://www.amazon.com (last visited May 7, 2010). 74. See generally Trip Advisor, http://www.tripadvisor.com (last visited May 7, 2010). 75. See generally Yelp, http://www.yelp.com (last visited May 7, 2010). 76. See Scott Guggenheim, Crises and Contradictions: Understanding the Ori- gins of a Community Development Project in Indonesia, in THE SEARCH FOR EM- POWERMENT: SOCIAL CAPITAL AS IDEA AND PRACTICE AT THE WORLD BANK 111, 112 (Anthony J. Bebbington, Michael Woolcock, Scott Guggenheim & Eliza- beth A. Olson eds., 2006) (arguing that the Kecamantan Development Pro- ject, funded by the World Bank, supports development plans made and ap- proved by communities).
  • 27. server05productnNNYI42-4NYI404.txt unknown Seq: 27 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1169 same. The GlobalGiving website has permitted comments by donors, beneficiaries, and intermediaries themselves for sev- eral years, and in 2009 it piloted and structured initiative to solicit beneficiary feedback, with encouraging results in Ke- nya.77 A new startup called Great Non-Profits78 is collaborating with Guidestar and GlobalGiving to promote community feed- back more broadly. An organization called Keystone79 is try- ing to standardize the customer satisfaction question for par- ticipating nonprofits. They provide a free web survey that au- tomatically compares one organization’s results with the average of peers in the sector. While collecting and interpret- ing this type of feedback poses certain challenges,80 its availa- bility is nonetheless a major innovation in the sector.81 The next step is to integrate these three strands of infor- mation flows and make them available to principals (funders), intermediaries, service providers, and beneficiaries themselves. The FORMA system described above is a great step in this di- rection, since it makes available satellite imagery and then al- lows users to upload photos and provide comments about each plot of land to either dispute the findings or help explain why 77. See generally Marc Maxson & Joshua Goldstein, Technology-Aided “Real- Time” Feedback Loops In International Philanthropy (Oxford University Interna- tional Social Innovation Research Conference 2009), http://www.globalgiv ing.org/pfil/1713/TechnologyAided_RealTime_Feedback_Loops_in_Inter national_Philanthropy.doc (presenting the story of a community-based or- ganization in western Kenya that was supported by GlobalGiving, which ac- ted as a facilitator, delivering information to individuals and placing the funding decisions in the hands of the donors). 78. See generally Great Non-Profits, http://www.greatnonprofits.org (last visited May 7, 2010). 79. See generally Keystone Accountability, http://www.keystoneaccount ability.org (last visited May 7, 2010). 80. For example, in the Kenya pilot, beneficiaries had to be convinced there would be no retribution by the intermediary if they provided negative comments. Maxson & Goldstein, supra note 78 at 9. There are also issues, discussed later in this paper, relating to the representativeness of feedback received and how to aggregate it across societal groups. 81. For other examples, including cases in Malawi and Gaza, see Chris- tine Martin, Mobile Active, Put up a Billboard and Ask the Community: Using Mobile Tech for Program Monitoring and Evaluation (2009), http://mobile active.org/put-billboard-and-ask-community-using-mobile-tech-program- monitoring-and-evaluation (demonstrating the exponentially faster rate of data storage and analysis under SMS systems).
  • 28. server05productnNNYI42-4NYI404.txt unknown Seq: 28 2-SEP-10 14:24 1170 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 the deforestation is happening. The initial reception of the FORMA mechanism has been positive, but the tool is too new to assess its impact. As organizations, particularly aid and philanthropy mar- ketplace platforms, begin to integrate this new information, it will be important to (a) understand what types of information actually matter to the principals, intermediaries, and benefi- ciaries and (b) present the information in a way that is digesti- ble and actually influences behavior. The online marketplaces have all found that too much information—even relevant in- formation—can lead to decision paralysis among funders.82 It is likely that different principals, intermediaries, and benefi- ciaries will require different approaches to information aggre- gation. Yet there may be a compelling reason (discussed be- low) to have a common basic platform that allows comparabil- ity across different agencies, sectors, and initiatives. VII. NEW ROLES FOR THE PUBLIC THROUGH COMMUNITY AND BENEFICIARY FEEDBACK Of these three new information channels, community feedback holds particular promise in increasing accountabil- ity. Traditional accountability chains rely mostly on formal, periodic evaluations by experts. Such evaluations are both ex- pensive and easily gamed. Because service providers are gen- erally able to prepare well in advance, evaluators see things only in the most favorable light.83 There is often an inherent conflict of interest, since the evaluators work for the service provider (the agent) rather than the funder (the principal). The agent often has the opportunity and incentive to massage the findings before release to the principal. By contrast, com- munity feedback enables the principal to hear directly from the beneficiaries about the effect of the intervention. Such in- formation directly from beneficiaries can inform a modifica- tion of an ongoing initiative. 82. This difficulty has been described to the authors in personal commu- nications from managers of the online marketplaces. See generally BARRY SCHWARTZ, THE PARADOX OF CHOICE: WHY MORE IS LESS (2003) (discussing the confusion that can result from an overload of information). 83. Authors’ personal experience, based on twenty-five years in the for- eign aid industry.
  • 29. server05productnNNYI42-4NYI404.txt unknown Seq: 29 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1171 A. How Community Feedback Can Improve Accountability in Aid The traditional aid cycle relies heavily on experts (work- ing for either the principal or the agent) to diagnose a com- munity’s needs and design a program intended to address those needs. By contrast, a community feedback mechanism can be used ex ante to hear directly from the beneficiaries (and others with a knowledge of the local context) (a) what they feel their greatest needs are and (b) what solutions would be most appropriate. While community feedback provides highly valuable sources of information for the accountability process, inter- preting the feedback is not always simple. The boundaries and membership of a community are not always self-evident. This is particularly the case in societies that are socially heterogene- ous, as evident in studies that suggest a negative link between the quality of public goods provision and social heterogene- ity.84 This implies that the inferences drawn from community feedback will depend in part on the community’s characteris- tics and the representativeness of the people giving feedback. The smaller the size of the community, the more homoge- neous will be the community’s preferences. Since private aid projects tend to cover smaller communities, community feed- back is likely to be a reasonable “truth revelation” device. By contrast, government aid programs are much larger and cover much larger groups of people who may or may not form “com- munities.” Consequently, they will necessarily need to go be- yond community feedback in order to evaluate project per- formance. Additionally, the smaller the size of the project, the smaller the incentives in gaming feedback mechanisms.85 Pri- vate aid projects are generally smaller. Consequently the in- centives for gaming such mechanisms are also less, and the shorter chains of delegation make them easier to monitor. 84. See Abhijit Banerjee, Lakshmi Iyer & Rohini Somanathan, History, So- cial Divisions, and Public Goods in Rural India, 3 J. EUR. ECON. ASS’N 639, 643 (2005) (citing empirical data on factors caused by caste and religious frag- mentation). 85. See, e.g., David Pogue, Carbonite Stacks the Deck on Amazon, N.Y. TIMES, Jan. 27, 2009, available at http://pogue.blogs.nytimes.com/2009/01/27/ carbonite-stacks-the-deck-on-amazon (citing an example of a company using its own employees to post positive feedback on that company’s products on Amazon.com).
  • 30. server05productnNNYI42-4NYI404.txt unknown Seq: 30 2-SEP-10 14:24 1172 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 One must, of course, recognize intrinsic limitations to the quality of information that may be obtained from any feed- back mechanisms. The most obvious limitation stems from se- lection mechanisms, i.e. selection effects of who actually gives the feedback. Callers-in to talk radio programs or letters to the editor can either be more motivated or more kooky. Large numbers address this in a sort of statistical averaging, but large numbers come with their own caveats. Democratic majorities could indeed reflect the broad will of a community or (at least in some cases) simply reflect the tyranny of the majority. In the abstract, community feedback should reflect the “wisdom of crowds”; it could, however, occasionally reflect the “mad- ness of mobs” and a “herd mentality.” Another caveat is that more information is not alone a guarantee of better accounta- bility. Financial markets are flooded with information, yet the recent financial crisis demonstrates that, if risk and reward are so large and so asymmetric, competition and availability of in- formation is no match for skewed incentives. However, these conditions are very unlikely in the case of private aid—the pri- vate pecuniary rewards are simply not that large. Online marketplaces such as GlobalGiving and Donors Choose require intermediaries to report back on progress at the end of a project and/or periodically throughout the year.86 These reports are both sent to donors and posted on- line for anyone to see. The public nature of these reports is a major step forward because it provides an additional disincen- tive for intermediaries (“agents”) to post wrong or misleading information. Posting misleading information is much more risky when beneficiaries or others can scrutinize the validity of claims.87 To some extent, this feature follows the trend of the official aid sector, which has been posting more and more re- ports online. It is certainly the case that initially poor benefi- 86. Both of these platforms were launched around 2002, and have re- quired increasing information from intermediaries over time. Teachers us- ing DonorsChoose must send donors a package of information describing the outcome of the project, often with notes from students included. See generally DonorsChoose, How It Works, http://www.donorschoose.org/ about/how_it_works.html. Project leaders using GlobalGiving must report quarterly, since projects tend to have a longer duration. 87. See Guggenheim, supra note 77, at 129 (stating that one charity’s post- ing of financial information in public was “a sharp departure” from past practices).
  • 31. server05productnNNYI42-4NYI404.txt unknown Seq: 31 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1173 ciaries are unlikely to access these reports. But other agents of civil society will do so on their behalf. This is a dynamic pro- cess that can unfold over time, as beneficiaries gradually begin to exercise agency over projects purportedly for their benefit. However, in most cases, there are still significant transac- tion costs for third parties to flag misinformation even when it is in the public domain. For example, it is often difficult to know who to call or who can take remedial action.88 That is why the next step in the process—community feedback—has such high marginal returns. Community feedback allows peo- ple to comment directly on publicly available reports via the web, e-mail, or other means and, significantly, to make those comments public. The community can include beneficiaries, experts with knowledge of the project but who are not directly involved, or simply visitors to the project. Because the reports and comments are publically available they can radically in- crease not only the information available, but also the pressure to take action. B. The Special Potential of Beneficiary Feedback Community feedback can come from other development experts—or any concerned person or organization—outside the traditional foreign aid system. Beneficiary feedback is a subset of community feedback, and it deserves special atten- tion. Though in some sense funders are the “principals” in the accountability process, some would argue that benefi- ciaries should have the final say in what development projects are funded and how they are assessed.89 There is a strong nor- mative case for this view: those whose lives are affected the most by a project should surely have an important voice in that project. Though there are well-known issues related to aggre- gation of choice and externalities,90 it is difficult to argue with 88. According to its website, one reason that the Bank Information Center was created was to help its civil society members influence the World Bank, and it has often served as a focal point for complaints from third par- ties. See generally Bank Information Center, http://www.bicusa.org (last vis- ited Apr. 10, 2010). 89. See DAVID ELLERMAN, HELPING PEOPLE HELP THEMSELVES: FROM THE WORLD BANK TO AN ALTERNATIVE PHILOSOPHY OF DEVELOPMENT ASSISTANCE 249 (2005) (citing several approaches to schemes of giving). 90. On the difficulties of aggregating individual preferences into consis- tent collective choices and the possibilities offered by participatory democ-
  • 32. server05productnNNYI42-4NYI404.txt unknown Seq: 32 2-SEP-10 14:24 1174 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 the proposition that the views of beneficiaries on the impact of a project should have serious weight. All other agents in the accountability chain should in some sense be accountable to the beneficiaries. Rapidly spreading new technologies, particularly mobile phones and SMS-to-web interfaces like Twitter, now allow vil- lagers to report continuously in real time on project pro- gress.91 Mobile phones in particular are now so ubiquitous that even very poor communities have reasonable access.92 This means that the beneficiaries can ultimately guide imple- menters. In the future, these technology-aided feedback loops can enable clients to guide practitioners throughout imple- mentation and drive donors during the funding process. They also open the possibility of soliciting the views of beneficiaries even before a project.93 This promises to break the monopoly of experts and intermediaries in deciding what people need most. Beneficiaries could be canvassed about both the type of project that is highest priority for them. Once a type of pro- ject is selected, then beneficiary input into the design could be solicited. The importance of community involvement and feedback for accountability systems is not a panacea, and it must be ac- companied by other sources of information and feedback. An analysis of corruption in infrastructure projects in Indonesia found that government audits appear to do a better job than community monitoring in reducing missing expenditures, as measured by discrepancies between official project costs and racy, see Benjamin Radcliff & Ed Wingenbach, Preference Aggregation, Func- tional Pathologies, and Democracy: A Social Choice Defense of Participatory Democ- racy 62 J. POL. 977, 977 (2000) (advocating for the democratic method as the best means of aggregating individual preferences). 91. Twitter also allowed people to report developments in real time in the 2009 protests in Iran, thereby preventing the official news agencies and other controlled channels from monopolizing the picture of what was hap- pening. See, e.g., Lev Grossman, Iran Protests: Twitter, the Medium of the Move- ment, TIME, Jun. 17, 2009, at 9 (discussing strengths and weaknesses of the use of Twitter). 92. Even in a relatively poor country such as India, there are more than two cell phones per household. 93. See Dennis Whittle, GlobalGiving, Accountability in Decentralized Aid Systems, Presentation at New York University (Feb. 6, 2009), available at http://www.nyu.edu/fas/institute/dri/DennisWhittle.pdf (discussing po- tential avenues for involvement of beneficiaries in planning stages).
  • 33. server05productnNNYI42-4NYI404.txt unknown Seq: 33 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1175 an independent engineer’s estimates of costs.94 Increasing grassroots participation in monitoring had little average im- pact. In some cases, grassroots participation reduced missing expenditures only in situations with limited free-rider problems and limited elite capture. The results of that study suggest that traditional top-down monitoring can indeed play an important role in reducing corruption, even in a highly cor- rupt environment. In India, a flagship government program on universal primary education has sought to organize both locally elected leaders and parents of children enrolled in pub- lic schools into committees. The program gives these groups powers over both resource allocation and monitoring and management of school performance. In addition, the program provides information, trains community members in a new testing tool, and organizes volunteers to hold remedial read- ing camps for illiterate children. However, an impact evalua- tion found no impact on community involvement in public schools and no impact on teacher effort or learning outcomes in those schools.95 It is likely, however, that feedback itself is a “learned” pro- cess. One should not expect long-disempowered communities to become strongly engaged, especially if hard experience has taught them that promises made by outside agencies are rarely kept. There are also well-known challenges with aggregating choice, which suggests that doing so is not a panacea. None- theless, new media technologies, by providing real-time feed- back, can become much more empowering to beneficiaries.96 This empowerment can have dynamic effects over time, gradu- ally improving their capacity for “social agency,” i.e. their abil- ity and willingness to participate. In any case, these types of mechanisms offer at least the possibility of obtaining benefici- ary input. With time, it will become difficult to argue against 94. Benjamin A. Olken, Monitoring Corruption: Evidence from a Field Experi- ment in Indonesia, 115 J. POL. ECON. 200 (2007) (citing statistics gathered from over 600 Indonesian village road projects). 95. See Abhijit Banerjee et al., Pitfalls of Participatory Programs: Evidence from a Randomized Evaluation in Education in India 2 (Nat’l Bureau of Econ. Research, Working Paper No. 14311, 2008), available at http://www.nber. org/papers/w14311 (presenting data from three different interventions). 96. See generally Maxson & Goldstein, supra note 78 (discussing the feed- back loop that resulted from a project in Kenya).
  • 34. server05productnNNYI42-4NYI404.txt unknown Seq: 34 2-SEP-10 14:24 1176 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 the idea that beneficiary input should become the norm, with intermediaries having to justify each time they do not solicit it. Ex ante beneficiary input and community feedback during implementation emphasize our point that an important objec- tive of better accountability mechanisms should be to improve project design from inception, beginning with a better under- standing of the communities’ own sense of their needs. Input should come not only from beneficiaries but also other inter- ested parties, enabling implementers to refine their approach as the project progresses. Accountability mechanisms can speed learning much faster than the current approaches, which feature a multi-year project cycle followed by a formal evaluation. C. What it Will Take for Community Feedback to be Adopted The radically public nature of community feedback would reduce the ability of official aid agencies and other in- termediaries to modify reports or obfuscate problems. No de- tailed scientific studies have been done on this topic yet. But it seems reasonable to assume that, if project officers at official agencies and professionals working for intermediaries logged on to the web each morning to see what the community was saying about their projects, this would likely change behaviors. Because of the incentives described by Pritchett,97 we can an- ticipate that, while official agencies will not openly reject this idea, they will be reluctant to adopt community feedback in this transparent way and will raise a host of theoretical objec- tions to the quality and relevance of the feedback as a reason to proceed cautiously. By contrast, the deployment of community feedback fea- tures, already in their infancy in private online marketplaces,98 will surely accelerate as the existing and new marketplaces jockey for competitive advantage. A key question for the im- pact of community feedback features will be whether the on- line marketplaces share one or two common feedback mecha- 97. See, e.g., Pritchett, supra note 13, at 124 (discussing the consequences of negative feedback). 98. See Gillian Wilson, GlobalGiving, Updates from the Field – Environmental Conservation Builds Families, India, http://www.globalgiving.org/projects/ environmental-conservation-builds-families-india/updates (citing an exam- ple of community feedback features) (last visited May 7, 2010).
  • 35. server05productnNNYI42-4NYI404.txt unknown Seq: 35 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1177 nisms or whether each adopts its own internal mechanism. Since the mechanism is essentially a network, its value grows exponentially with respect to network size. This means that a single network would have huge value, while fragmented net- works would have much less value. Shared mechanisms would decrease the chance that the feedback could be controlled by the marketplace that collected them. Shared mechanisms would also reduce the up-front costs of creating the system by spreading them over several marketplaces. The usefulness of community feedback based accountabil- ity chains will vary as per the following scenarios: A: Where community input and feedback is the sole factor used in decision-making; B: Where community feedback plays a significant but not exclusive role in decisions, which will ultimately be made either by an expert agency or by a govern- ment body that is to some extent democratically elected; C: Where community feedback has little relevance, value, or use in the decision-making process. Many of the online private aid marketplaces99 are closer to the “A” end of the spectrum, at least in principle. The mar- ketplace operators try to provide an information-rich environ- ment and allow donors to make decisions based on informa- tion and priorities emerging at the community level. Some of the better traditional private aid providers fall into category B. They have developed mechanisms for listening to the commu- nities but ultimately make the allocation decisions themselves. Most official agencies fall closer to the “C” end of the spec- trum, operating on the assumption that community prefer- ences are aggregated and expressed through government agencies. In most poor countries, the last assumption is partic- ularly problematic, given their weak governance structures. The emergence of new technologies and feedback mecha- nisms will increase pressure on all agencies to incorporate community feedback in some form. In particular, the official agencies will have to move closer to the middle (“B”) of this 99. In this paper, “online marketplaces” refer to internet sites that allow principals (funders) to learn about organizations and/or projects that are seeking funding, select one or more for funding, transfer the money to the organization, and then get updates from the organization or project team.
  • 36. server05productnNNYI42-4NYI404.txt unknown Seq: 36 2-SEP-10 14:24 1178 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 spectrum, but the speed and effectiveness of that shift will de- pend on whether feedback mechanisms are fragmented or shared across public and private aid agencies. However, the increased availability of these new technolo- gies does not guarantee their rapid adoption by traditional aid agencies. The incentives for avoiding accountability,100 com- bined with the lack of entry and exit in the official aid field, mean that official agencies are unlikely to voluntarily embrace these new information flows. They are much more likely to be adopted in the flourishing private aid sector, where there is greater competition and a proliferation of new intermediaries and funders. Since the size of projects funded through these new private aid marketplaces is typically much smaller—usu- ally less than $100,000 and often in the $1,000 to $25,000 range—the cost of traditional evaluations, based on hiring ex- ternal consultants, is prohibitive.101 This high cost, combined with competitive pressures in the private aid sector, has spurred new thinking about how to achieve accountability at much lower cost. If the private marketplaces adopt one or two independent community feedback mechanisms or standards, it could con- ceivably create sufficient pressure for official agencies to par- ticipate in such a mechanism or standard. In this context, a “common mechanism” would be a single website, whereas a “common standard” would be a common set of questions, the results of which would be stored in a common database and would be accessible for display in different ways on different websites. A website called Ushahidi is an early attempt at ag- gregating information streams about development needs and news from various sources.102 Given the incentive of any agent to avoid strict accounta- bility, we would expect official agencies to avoid common stan- dards and instead push for self-monitoring or the adoption of standards managed internally by the agency itself. If the goal 100. See Pritchett, supra note 13, at 124 (stating that there is no significant “bonus” to the intermediary for exceptional success, but serious sanctions for failure). 101. The cost of evaluating a typical World Bank project ranges from $15,000 to well over $100,000, depending on the intensity and scale of the evaluation and the project. 102. See generally Ushahidi, http://haiti.ushahidi.com (last visited May 7, 2010).
  • 37. server05productnNNYI42-4NYI404.txt unknown Seq: 37 2-SEP-10 14:24 2010] THE PRIVATIZATION OF FOREIGN AID 1179 is to improve the effectiveness of foreign aid, however, the best outcome would be to rapidly adopt a unitary feedback network that is not controlled by the aid agencies. What if the new private aid marketplaces and related organizations agreed to adopt a single feedback mechanism (standard) and also began including data on official aid projects (even if those market- places did not provide intermediate funding to these projects)? Such collective action by the new players, even though it would be costly, would have significant external ef- fects on the tens of billions of dollars in annual official devel- opment aid. VIII. CONCLUSION: FOREIGN AID AS A COMPLEMENT, NOT A SUBSTITUTE, FOR GOVERNMENT A perennial question about foreign aid, or indeed assis- tance of any kind, involves the extent to which foreign aid should complement or substitute the responsibilities of domes- tic governments. When should foreign aid complement, and when should it substitute for domestic government actions, thereby reducing the pressures on a government to do its job? Since most private aid comes at the local level, its effects on government incentives are more likely at the local level. Offi- cial aid, on the other hand, comes through government chan- nels at the national level, raising the age-old question about the fungibility of foreign aid and whether, in effect, such aid finances the marginal project by easing the budget constraint. There is no clear answer to these questions. In an ideal world, governments would shoulder all responsibilities of serv- ing their people. But if wishes were horses, beggars would ride, and this argument might just be a case of the best being the enemy of the good. Is it moral to allow people to go un- served while waiting for the government to provide the service at a distant point in time? The moral dilemma is especially acute when people face dire circumstances. Is it morally defen- sible to tell private aid not to help the most vulnerable in or- der to put pressure on the government to try and achieve the (uncertain) future outcome of better public services? A more fruitful approach is for private aid to do things in a way that induces the government to provide better service in the future. Private aid can do this via (1) a demonstration ef- fect, assuming that the government will emulate good prac-
  • 38. server05productnNNYI42-4NYI404.txt unknown Seq: 38 2-SEP-10 14:24 1180 INTERNATIONAL LAW AND POLITICS [Vol. 42:1143 tices; (2) a competition effect, shaming the government into improving its practices by publicizing private aid’s superior performance; and (3) the intrinsic pressure approach. If pri- vate aid demonstrates publicly that it listens to beneficiaries, then beneficiaries become empowered and over time will start demanding a greater voice in the political process. In turn, beneficiary pressure and media coverage make it increasingly difficult for the government to ignore the feedback of its own citizens. One could well argue that, despite the virtues of the new private aid, overall resources are still modest given the scale and scope of the problems. At one level this is valid. However, the idea is for private aid to complement, rather than substi- tute, government efforts. Cultivating and nursing small projects injects multiple points of dynamism. The best func- tioning economies have an effective balance between large firms and small, as well as between top-down government pro- grams and private producers. Historically, the aid sector has been dominated by large and top-down agencies. Balancing these with a vigorous injection of small, bottom-up initiatives and organizations will increase accountability of all actors (and the foreign aid regime in general) via the mechanisms out- lined above. An important analytical question is whether these small, bottom-up private-aid facilitated initiatives will result in better performance because of increased accountability or greater le- gitimacy. Performance itself is a form of accountability, and if the processes outlined in this paper result in greater legiti- macy, which in turn might facilitate better performance, then we have a happy marriage of legitimacy and accountability. However, better performance based accountability does not in- evitably follow from greater legitimacy. The question we need to ponder over is what happens if there is a trade-off between the two. In our search for greater accountability, are we really striving for more legitimacy, and, if so, how should we norma- tively judge this trade-off?