Discussant’s Comments on “Transparency – From Enlightenment to Neoliberalism Or When a Norm of Liberation becomes a Tool of Governing” by Afshin Mehrpouya (Accounting and Management Control Department, HEC, France) and Marie-Laure Djelic (Management Department, ESSEC Business School, France). Discussant: Prem Sikka (University of Essex, UK) Overview of the Paper: The concept of transparency is intertwined with notions of democracy, accountability, efficiency, liberation, fairness and justice, and is now routinely mobilized in public debates about competing discourses on governance, accounting, auditing and emancipator change. It has become the grand narrative of our times and is used to (re)position social subjects. What does it mean? How has its meaning shifted and may be transparency has become something that it was not expected to be? Such questions form the backdrop this rich and fascinating paper. The paper’s main aim (p. 3) is to “probe the various meanings historically associated with the powerful notion of transparency. We explore the competing and conflicting mobilizations of transparency for different purposes, be it to liberate, to deliberate, to legitimize, to control, to structure or to govern. We deconstruct the unstable historical assemblage of faults, fissures and heterogeneous layers that have steered the evolution and transformation of this fluid but dominant signifier and norm (Foucault, 1977b, p. 82). This, we argue, constitutes an important gap in contemporary studies of accounting and accountability, and our objective here is to begin addressing it”. The paper argues that there has been a fundamental shift in the meaning of transparency. Its meaning has shifted from being a norm of emancipatory accountability which intended to expose the few to the many, to one of governing where now many are exposed to the few. In other words, the politics of contemporary societies, or neoliberalism to be more specific, may have blighted the dreams of the enlightenment philosophes and the concept is transparency is more likely to be used as an instrument of social engineering to achieve a particular kind of control. The paper’s methodological approach is to “undertake a conceptual genealogy of transparency. Starting from the notional roots of transparency in Enlightenment thinking, we identify the various intellectual trajectories – each with its own assemblage of actors, institutions, language and power relations – and show the points of interface between them” (p. 4). The paper explains that “Conceptual genealogy is a “history of morals, ideals and metaphysical concepts.” It is a history of successive “interpretations” pointing to different “systems of rules” and regimes of power (Foucault, 1984, p. 86). It is a “form of history, which can account for the constitution of knowledge, discourses…” (Foucault, 1978, p. 118). Conceptual genealogy, however, is a “particular form of history that does not presuppose linear evolution, teleology, destiny, identity or even path dependency. Instead, it gives pride of place to contingency, errors and chance ...” (p. 10). The methodological approach is valuable because it can provide a deeper understanding of the notion of transparency by fragmenting and disturbing the assumed foundations, and in the process encourage reflections and engagement with layers of contemporary social, economic and political reality. The papers adopts a classical forward looking approach to genealogy as it moves from older, contextualized meanings towards dominant contemporary ones and attempts to uncover the key patterns, events and mechanisms that account for conceptual transformation. 1 The paper’s genealogical detail unfolds by consideration of four historical trajectories of transparency (p. 13) which have arguably shaped the subsequent debates and meanings assigned to notions of transparency. These are characterized by the enduring legacy of the enlightenment and the association of transparency with publicity, democracy and accountability, all meant to expose the few to the gaze of many. The enlightenment also incubated a variety of liberalism espoused by John Locke and Adam Smith who in an emergent capitalism were concerned with transparency to facilitate workings of an efficient market. At the same time, the Benthamite surveillance of the masses was considered to be a necessary condition for the improvement of social welfare. The complexities of managing society, also encouraged faith in statistics or numerical representations of society, especially as nation-states and corporations vied for leading positions, The paper then shifts attention to the twentieth century and considers what it calls “the transnational turn” (p. 22). It notes how particular notions of transparency, articulated by the US, the League of Nations and the United Nations, facilitated diffusion of liberal democracy and concerns about calling the state to account through freedom of information laws. These developments are accompanied by the “market turn- towards transnational calculative transparency” (p. 30). The post-war construction of Europe through the Marshall plan associated transparency with numerical construction of reality to enable policymakers to steer the economy and remake society. Complex social interactions could be studied and controlled through selected economic statistics. Arguably, one of the biggest shifts in the meaning of transparency occurred with the rise of neoliberalism in the 1970s. With the support of the (neoliberal) state quest for economic efficiency became associated with transparency. Statistics relating to rising unemployment, rate of inflation, balance of payments deficits and public debt were all portrayed as providing insights into the workings of the state, and the state was portrayed as wasteful and inefficient and had to be rolled back. The neoliberal project portrayed markets as efficient and transparency increasingly became associated with the welfare of investors. Accounting was also enrolled and the needs of capital markets and investors welfare became central to financial reporting. Transparency began to be mobilised in the name of market stability, governance and interests of shareholders. The nature of financial reporting also shifted from concerns about stewardship to the informational needs of shareholders and markets. The concern about the rights of individuals and citizens, once championed by enlightenment philosophes, became marginalised. Some Observations The paper is ambitious in scope and rich in detail. I have a number of observations. 1. The paper is Western-centric and universalizes western logics. There are also Eastern (for example, see Shah, 2007; Liyanarachchi, 2008), and other, ways of understanding notions of transparency and accountability, but this is not aired in the paper. 2. One advantage claimed for Foucaldian methodologies is that they can help to draw attention to continuities, discontinuities and contradictions. This may require prior theorization of society and the social world, especially if the concept of transparency and related notions of democracy and accountability are presented as universal constructs. The paper’s starting point seems to be that the enlightenment philosophes somehow advanced universal virtuous ideals though there is no indication how the thoughts of enlightenment philosophes acquired a universal currency. 2 The enlightenment philosophes advanced notions of transparency and accountability to enhance personal liberty and freedom of man, but which man had the right(s) or deserved to be emancipated (Paine, 1985). John Stuart Mill championed notions of liberal democracy in England, but at the height of empire building by European countries these ideals were somehow not applicable to Indians. Apparently, the best thing for Indians was to remain subjugated and be governed by the opaque governance structures of the East India Company (Mill, 1977). French intellectual Alexis de Tocqueville attacked the American mistreatment of black slaves and native Americans, but the same norms and critique did not apply to the treatment of Muslims by France whose subjugation by violent means was considered to be necessary and justified (de Tocqueville, 2001). David Hume, Eighteenth century Scottish historian, considered to be the father of empiricism wrote: “I am apt to suspect that negroes, and in general all other species of men (for there are four or five different kinds) to be naturally inferior of whites. There never was a civilized nation of any other complexion that whites. Nor even any individual eminent either in action or speculation. No ingenious manufactures amongst them, no arts, no sciences. On the other hand, the most rude and barbarous of the whites, such as the ancient GERMANS, the present TARTARS have still something eminent about them, in their valour, form of government, or some other particular. Such a uniform and constant difference could not happen, in so many countries and ages, if nature had not made an original distinction betwixt these breeds of men. Not to mention our colonies, there are NEGROE slaves dispersed all over EUROPE, of which none ever discovered any symptom of ingenuity; tho’ low people, without education, will start up amongst us, and distinguish themselves in every profession. In JAMAICA, indeed, they talk of one negroe as a man of parts and learning; but ’tis likely he is admired for very slender accomplishments, like a parrot, who speaks a few words plainly” (Garrett, 2000: 171-172) It would be helpful to have some rationale for starting with the enlightenment philosophes and some clarity about whether their discourses were racist and thus hindered the development of freedom, equality, justice, fairness and democracy, which are all associated with the notion of transparency, for some. Thus, enlightenment’s notions of transparency, accountability and freedom were not intended for all. Maybe writers such as Frantz Fanon, C.L.R. James and Aimé Césaire rehabilitated transparency to give it a universal flavour. 3. The enlightenment’s fable of progress is present in the paper. Openness, embodied by the freedom of information laws (FOI), is considered to be another episode in the onward march of transparency. This can produce a certain kind of comfort and the feeling is that somehow everything is more open and democratic though that might not be the case. To my mind, most western states have ‘right to know’ laws rather than FOI laws. We do not know what exactly is held by the state and therefore do not always know what to ask. For example, recent revelations by US whistleblower Edward Snowden show that the state holds considerably more data about individuals (few watching the many) than any of us ever imagined. Democratic institutions (e.g. parliament) had little knowledge of the data or the mechanism used to collect such data. Individuals can only make requests for information whose existence is unknown. Even if the information is 3 held by the state, it can easily be denied to citizens1. For example, the public authorities in the UK can withhold information by invoking any of the twenty-three public interest exemptions available under the Freedom of Information Act 2000. It would appear that FOI seeks to silence whistleblowers and conscientious objectors by regulating the flow of information and may not be such a big victory for transparency or openness. Such practices may enhance the rhetoric of transparency but actually stymie or limit the citizen’s right to know. So how should we understand transparency, its limits, rhetoric and mobilization to deny information? 4. Why do the rhythms of transparency differ in the economic and political spheres? For example, there is no equivalent of FOI for large corporations whose turnover may be even bigger that the GDP of nation states. Even in the economic sphere, it is hard to know things like corporate taxes paid by transnational corporations in each country even though such disclosures may assist investors in making assessment of possible costly lawsuits and actions by tax authorities. Seemingly, capitalist enterprises value secrecy as it gives them competitive advantage, but this is hard to reconcile with the welfare of investors and markets. So how are these tensions resolved? Why do arguments against transparency hold sway? 5. In tracing the genealogy of transparency, the paper is in danger of overlooking the politics of transparency and how resources are marshaled to advance or frustrate particular notions of transparency. It associates the UNDHR with freedom of information and transparency (p. 28), which could arguably enable people to live fulfilling lives, but these freedoms are constantly suppressed. For example, employment contracts contain gagging clauses which prevent employees from information the public about questionable corporate practices. Such gagging clauses are permitted by the state which under UNDHR has the prime responsibility for advancing human rights. 6. Rather than being an emancipatory force could transparency be a regressive tool? For example, requests to companies for greater transparency may result in crumbs of additional information, but that does not change the structure of corporations, power of corporations or the power of its directors. Transparency by itself, does not give any additional rights to stakeholders to call directors or companies to account. Over a century ago, shareholders had the right to examine company books, but with the emergence of professional accountants those rights have disappeared and shareholders have to rely on the opinion of accountants. Seemingly, transparency in company accounts and audit reports has been accompanied by loss of rights. 7. The paper assumes that transparency somehow leads to social change. This is difficult to argue against, but some counter examples pose questions. For example, companies publish some information about executive remuneration, but the disclosures have not resulted in equitable distribution of income. If change is to be achieved then disclosures would need to be accompanied by power and politics. However, the paper says little about such matters. What does transparency fuel? How? When? 1 See Professor Prem Sikka v Information Commissioner, EA/2010/0054, 11 July 2011; http://www.informationtribunal.gov.uk/DBFiles/Decision/i544/20110909%20Decision %20and%20Conf%20Sch%202.pdf 4 8. Transparency seems to promise so much but delivers so little. Thus, despite reams of corporate governance codes and accounting standards (few setting the norms for many), banks have been unable to produce meaningful financial statements. Their annual accounts provide little information about risks, assets, liabilities, leverage and capital and consequently may have destabilized the markets. Arguably, markets are not a sea of transparency (p. 16). So, why does the huge social investment in transparency deliver so little? Do accounting practices add to openness and transparency or is transparency now a rhetorical and ideological resource, which functions to obfuscate matters. 9. The papers states that “Statistics and calculative devices played little role in the transnational space up until the 1960s”. This claim seems to be highly problematical as at the beginning of the twentieth century London exchange had a large number of overseas companies listed on it. Investment in European colonies ad extraction of surpluses must have required some knowledge of money flows. In 1933, the League of Nations sponsored an international treaty on taxation of corporate profits (Picciotto, 1992) and this could not have been done without some awareness of statistics. 10. Transparency is a social practice and a discourse. It must be produced, consumed, regulated and represented in ways that reconstructs identities and enrolls social subjects. How might we research this? The paper ends with a call for research. It would be helpful to have some indication of the kind of projects that scholars can undertake. References: de Tocqueville, A. (2001). Writings on Empire and Slavery (edited and translated by Jennifer Pitts), Baltimore: John Hopkins University Press. Garrett, A. (2000). Hume’s Revised Racism Revisited, Hume Studies Volume XXVI, Number 1, April, pp. 171-178 Liyanarachchi, G.A. (2008). Ethics in accounting: Exploring the relevance of a Buddhist perspective, Accountancy Business and the Public Interest, 7(2): 118-148. Mill, J.S. (1977) John Stuart Mill, The Collected Works of John Stuart Mill, Volume XVIII, Toronto: University of Toronto Press. Paine, T. (1985). The Rights of Man, New York: Penguin Books (originally published in 1791). Picciotto, S. (1992), International Business Taxation: A Study in the Internationalization of Business Regulation, Cambridge: Cambridge University press Shah, A. (2007). Jain Business Ethics, Accountancy Business and the Public Interest, 6(2): 115-130. 5