Christiaan Poortman, Director of Global Programmes at TIBy Bernhard Schell
Republished courtesy of IDN-InDepth NewsAnalysis
RABAT (IDN) – Despite some positive steps taken by the governments in Egypt, Lebanon, Morocco and Palestine, under-developed public accountability systems are obstructing efforts to combat corruption, says a new report by the global anti-corruption organisation, Transparency International (TI).
The report points to an increase in the adoption of national anti-corruption plans and legal frameworks including laws in Palestine that strengthen the independence of the judiciary, drafting of access to information legislation in Lebanon, a Central Instance for Prevention of Corruption plan in Morocco and the establishment of a Transparency and Integrity Committee in Egypt.
Nevertheless, there are major gaps in legal anti-corruption provisions and a perturbing lack of resolve to introduce effective ways to curb the problem. These, says TI, pose "a risk for sustainable development, social cohesion and economic growth".
Laws in Egypt prohibit the use and publication of official documents; in Lebanon the Illicit Wealth Law contains loopholes which leave it open to abuse; in Morocco members of parliament are not obliged to publicly declare their assets, opening the door for conflicts of interest. In Palestine there is little publication of information regarding the government's financial performance, making it difficult for citizens to hold their government to account.
"In all countries studied the governance systems can be described as ineffectual," said Christiaan Poortman, Director of Global Programmes at TI. "A key obstacle is unchecked executive power which overrides attempts to introduce the kinds of checks and balances that put integrity and accountability at the heart of good governance."
The report, titled 'The Good Governance Challenge: Egypt, Lebanon, Morocco and Palestine' is based on four comprehensive studies which assess each country's governance systems, including the executive, legislature, political parties, the judiciary, anti-corruption agencies, non-governmental organisations and the media.
The report is part of the 'Transparency International Promoting Transparency and Enhancing Integrity' in the Arab region. The goal of the project is to identify practices that promote transparency and enhance integrity in the Middle East and North Africa (MENA) region.
The Good Governance Challenge report lays bare areas of weakness and presents recommendations to strengthen institutions and the implementation of existing legislation.
Each country is different but all countries share a common predicament: corruption poses a challenge for accountability and development, says the report, which found that overall, whether in government, the private sector or amongst citizens, there is a limited grasp of anti-corruption concepts such as transparency and accountability. "Nepotism, bribery and patronage are so common that they are widely accepted facts of life."
A citizen denouncing corruption in any of these countries is therefore left unprotected since there are no whistleblower protection mechanisms, and excepting Lebanon, provisions regarding public access to information are extremely weak.
The report notes that Egypt, Palestine and Lebanon do not have anti-corruption agencies and though Morocco does, it has no power to investigate or sanction.
"Institutionalising change poses a significant challenge. We want to work with governments, civil society and the private sector to uproot corruption as a means to ensure stability and economic development," said Poortman.
As a result of Berlin-based TI's support, in all four countries, anti-corruption forces are beginning to produce some positive actions:
- Egypt established a Transparency and Integrity Committee, comprising government officials and civil society representatives, which identifies areas most prone to corruption.
- In Lebanon, the Office of the Minister of State for Administrative Reform has drafted an access to information law and is proposing to introduce an ombudsman.
- In Morocco the government created a Central Instance for the Prevention of Corruption which, though limited in scope, has an advisory role towards public, private and non-governmental actors in policies to prevent corruption.
- In Palestine new laws aim to give more independence to the judiciary and provide oversight of security institutions
Though often sidelined and silenced, civil society is gradually gaining strength, notes the report. In Egypt an increasing number of non-governmental organisations are working on governance and anti-corruption issues. In Lebanon, the TI chapter, the Lebanese Transparency Association, partnered with the government to introduce more transparency into the budget system. In Morocco, Transparency Maroc is actively monitoring the state budget process.
The Palestinian government asked Transparency Palestine (AMAN) and other civil society organisations to draft an anti-corruption plan.
All countries covered in the report have signed anti-corruption regional and international treaties and conventions, including the United Nationals Convention against Corruption (UNCAC).
Also, all countries support the regional initiative to draft an Arab League Convention on Combating Corruption and participate in the Arab Region Parliamentarians Against Corruption as well as ACINET, a regional anti-corruption and integrity network set up under the auspices of UNDP Programme on Governance in the Arab Region (POGAR).
TI believes that the existing loopholes can be closed by following a set of recommendations:
- States should safeguard the independence of oversight bodies, such as audit offices and ombudsmen, and increase citizen participation in governance processes.
- The executive branch should allow for strengthening the role of parliament, the judiciary and public oversight bodies as effective checks on its operations.
- States should promote the UNCAC as a suitable framework to advance anti-corruption laws.
- States should respect and protect the freedom of citizens and non-governmental organisations to engage in public affairs, including the fight against corruption.
- States should introduce and implement comprehensive whistleblower protection and freedom of information legislation, as well as legislation to prohibit conflict of interest in public office holders.
- Civil society organisations should commit to the highest standards of accountability and transparency in their operations.
- Support should be given to strengthen regional dialogue and capacity-building efforts on anti-corruption issues through initiatives such as the United Nations Development Programme - Programme on Governance in the Arab Region.
The report, The Good Governance Challenge, is a summary of four National Integrity System (NIS) studies previously published in the countries. TI defines the NIS as the key pillars in a society that contribute to integrity, transparency and accountability.
The reports were done by TI chapters and regional experts. TI introduced NIS assessments in 2001 and has come out with more than 70 worldwide. In 2010, TI will initiate NIS studies in 23 European countries.
See also Sydney Irresistible and Mike Hitchen Unleashed
Putting principles before profits
Putting principles before profits
