Whether
public institutions’ role is emerging in administrating
society’s affairs as one of the most flexible and
closest to democratic administration, and whilst
Palestinian National Authority’ establishment of many
institutions executed in the obvious absence of legal
references, and improper use of the concept of financial
& administrative autonomy in these institutions as well
as floundering and deviation from the goal accompanied
this methodology, in a way that contributed in
mismanagement and spread of corruption phenomenon in
these institutions.. Based on the foregoing, AMAN
reached the point that it should address this important
issue in an attempt to shed light on the reality of the
work of these institutions and problems surrounding
them. Later on to be submitted to the concerned parties
to take appropriate actions that tackle analyzed reality
of these institutions. Inevitably, concerned parties
have to improve the performance of these institutions in
line with principles of transparency and integrity and
promote the values of accountability systems in the
Palestinian public sector.
The
Report contained three main parts; the first part dealt
with the legal reality of Palestinian public non-
ministerial institutions. Analyzing the right legal
concept of such institutions as expressed in the
Palestinian Basic Law, leading to the identification of
the legal problems of each type of these institutions in
terms of legal benchmarking.
The
second part addressed the practical constraints faced by
the work of public institutions notably the absence of a
clear legal framework and proper understanding of the
concept of the financial and administrative autonomy and
the monitoring absence over public institutions.
The
report also detailed legal rules directed to the work of
Ministries and non-ministerial public institutions in
Palestine in the area of administrative, financial and
human resource management, as well as its relations with
its supervisory and official state institutions as well
as foreign relations with the targeted audience.
The
report finally went through a series of recommendations
addressed to the official higher parties that are
supposed to oversee those institutions and monitor their
performance, and included a set of recommendations that
emphasized the concept of administrative and financial
autonomy and the concept of monitoring, and that this
relative concept differs from one organization to
another, according to the specialty of the institution's
work and the need for its independency in practicing its
functions. It is necessary in this area to look at the
reality of each individual organization in terms of
privacy that must be enjoyed without the abolition of
monitoring process that any public institution should be
subjected to, under any circumstances.
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