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In
its realization that fighting corruption is a collective responsibility,
AMAN’s role in enhancing integrity and transparency in the Palestinian
society, AMAN held its fifth annual conference to share its annual
corruption report findings and hold two simulated public hearing
sessions on the water and petroleum sectors. The conference entitled
“towards effective accountability systems in the public sector” was held
on April 22, 2009, at the Best Eastern Hotel in Ramallah with more than
280 attendees.
Attendees included renowned Palestinian personalities; representatives
from public institutions; legislative council, judicial authorities, and
civil society organizations. Also a large number of representatives of
international institutions as well as foreign dignitaries attended the
conference.
The
conference revolved around the annual corruption report 2008, and two
public hearing sessions on the Palestinian Petroleum and water sectors.
The
first part of the conference was utilized to present a summary and
recommendations of the annual corruption report 2008, followed by a
question and answer session from those present. The report generated a
lot of resposes which will be taken into account by AMAN.
The
second and third sessions revolved around the water and petroleum
reports, prepared by AMAN which constituted bases for the accountability
portion of the conference where the setup simulated a public hearing
session at the legislative council. Officials for the Palestinian
Petroleum Commission as well as the Head of the Water Authority were
given a chance to present their cases against the report followed by
questions from a panel made of PLC members, academicians and CS
representatives .
Dr.
Hanan Ashrawi, chairperson of AMAN Coalition and Dr. Azmi al-Shu’aibi,
and the Norwegian Representative were key participants in the conference
in Ramallah, as well as Tala Okal, a well know political analyst, and
Isam Younis Manager of al-Mizan Center in Gaza also participated by
video conference.
During the opening speech, Dr. Ashrawi stated that the conference is
being held during a highly complex phase for the legislative and
judicial authorities and the Palestinian civil society, which requires
congregating all possible valuable recourses especially human recourses.
She also called on all officials to retain the citizen’s confidence in
them in order to achieve a mutual trust and to prioritize public
interest over personal interests.
Furthermore, she pointed out that challenges of today require joint
efforts and unity in order to face Israeli plans of converting Jerusalem
to a city for Jews only, and put a stop to the land that is being stolen
in front of our eyes. She also called upon the leadership to get back on
the right track and to hold responsibilities for this phase.
In
regard to the conference’s agenda, she indicated that the water and
petrol, the two subjects covered by the conference, require sound
management of these two resources in order to protect right of the
citizens to these resources. She then summarized AMAN’s accomplishments
and thanked the people in charge of organizing the conference as well as
thanked the Norwegian and Dutch governments for their continuous support
to AMAN’s core program.
Talal Okal said that AMAN has many achievements which led to fulfilling
its role in enhancing accountability among Palestinian institutions. He
pointed out the methodology adopted in preparing the 2008 corruption
report. He also said that the report is designed to present a
description of the reality of the corruption and the main manifestations
which led to its existence while comparing that against all changes
which occurred in 2008.
The
Norwegian vice representative pointed out the importance of supporting
professional ethics in the public sector. He also emphasized the
importance of the separation of powers, legislative, executive and
judicial in fulfilling their role without any external intervention
hence contributing to the fight against corruption. He also said that
empowering the local media is equally important to combat corruption.
“Since the corruption index was established in Palestine”, he added,
“the findings of this report are of great importance and we always look
forward to the partnership with AMAN.”
The Annual Corruption Report 2008
The
findings of the report were presented by Dr. Azmi al-Shuaibi AMAN’s
Commissioner for Combating Corruption and Ms. Abeer Musleh, Head of the
Research and Development Unit at AMAN. The report aimed at helping
decision makers, politicians and civil society institutions to take the
necessary steps and procedures to curtail the spread of corruption.
Moreover, recommends that they find mechanisms and successful means to
combat corruption and draft legislations and regulations to serve this
purpose.
The
report covered the status of corruption in the Palestinian society; its
main manifestations, and causes. It provided key recommendations to be
taken into consideration when fighting the spread of corruption as well.
The report also tackled the main issues that contribute to weakening the
system of combating corruption and the main reforms that occurred during
2008 in the various Palestinian sectors.
According to the findings of the report, Wasta and nepotism are the two
main forms of corruption prevailing in Palestine. This was the
perspective of the Palestinian public as illustrated in the opinion poll
conducted by AMAN in February 2009. The results showed that more than
half of the respondents, 54.8%, believed that Wasta and nepotism in
public positions appointments are the most widespread forms of
corruption.
In
its 41-page report, AMAN pointed out the positive improvement achieved
in 2008 in regards to transparency of appointments in the public sector
and the tendering process in these institutions. Nevertheless, nepotism,
favoritism, misallocation of the public money and misuse of public
positions are still impacting many sectors in the Palestinian society.
Additionally, AMAN Coalition pointed out that the absence of an
efficient Palestinian legislative council halted the process of
ratifying many draft laws
pertinent to combating corruption which were to cover areas like the
right to access to information, privatization and the establishment of
anti-corruption commissions.
The
report also stated that corruption has penetrated areas in the private
sector which is basically due to the absence of the supervision role of
the PLC.
Accountability Sessions:
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First session: “integrity and transparency in the Palestinian
water sector” |
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In this session, Dr. Shaddad al-Atili, Chief of the Water
Authority, was held accountable by Dr. Abdallah Abdallah a PLC
member for Fatah bloc, Dr. Sahar Qawasmi, a PLC member
representing Fatah, Qays AbdulKarim (PLC member representing the
Democracy bloc and Mahmoud al-Ramahi (PLC member representing
the Reform and Change). Among the participants in this session,
there was also Randa Saniora, PICHR, Dr. Yousif Naser, Head of
BirZeit Municipality, Dr. Amer al-Hmouz (al-Najah University),
and Abdul Karim As’ad an expert in the water sector.
AMAN’s report on corruption in the water sector was prepared by
Dr. Adulrahman Tamimi. |
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During the session, Atili asserted that the Palestinian people are the
poorest in terms of the available amount of water per individual. He
also said that the water sector has social political and environmental
aspects. Corruption, in this sector, no doubt, leaves negative affects
on all of the previously mentioned aspects. Therefore, the corruption
that is occurring in Gaza, for example, tends to hinder the development
process in both the social and economical aspects and distorts the
concept of development by diverting the process from its pursued track.
The
fact that the water resources are controlled by the Israeli occupation,
he said, hinders the management of this sector which is intended to
serve our people. More importantly, it hinders the aims of the strategic
goals for the Palestinian people. He also confirmed that the water is
not potable as the coastal water basin is the only source of water in
the Gaza Strip.
The
total Palestinian consumption of groundwater in the West Bank is
estimated 120 million square meters per year, while in Gaza the total
consumption is around 125 million square meters per year. He stated that
Israel is now in control of around 85% of the available groundwater for
the Palestinians. This Israeli policy which denies the right of the
Palestinians to water in the Jordan River and the valleys in Gaza, has
led to the increment of severe crisis in water in Palestine in general
and in the Gaza strip in Particular.
He
also added that identifying the legal framework for the water sector has
been defined by both the presidential decree and the law of formation of
authorities. However, the mentioned law needs to be developed as the
draft law assumed that the transitional phase will come to an end by
year 1999. Consequently, the law couldn’t fulfill its role and reflected
various issues one of which is the fact that the water resources
remained under the authority of the Israeli.
The
Palestinian plans are related to the political agreements (particularly
area C) in addition to the institutional duality from a legal
perspective such as having the Water Authority and the West Bank Water
Department. This deficiency led to having more than one united authority
causing conflicts in many cases between ministries and water-related
institutions despite the fact that the law defined duties of the Water
Authority. The problem, however, the law was not easily applicable
especially where it is pertinent to resources.
Main recommendations of the report:
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To
review all water laws and issue regulations that defines authorities.
Furthermore, to activate the role of the Water Authority, not only as an
executing body but also as a regulating entity. To activate the role of
the water council and the formulation of technical committees that would
help in determining the Palestinian water policy.
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Review bylaws of the Water Authority and approve the water annual report
by the PLC. Furthermore, the water authority is to be under direct
control of the Prime Minister and to be held accountable before the PLC
for any relevant issue.
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Second session: governmental policy in managing the petroleum
sector |
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Ibrahim Abu Hantash prepared a report on the governmental policy
in managing the petroleum sector as Mr. Amin Basheer, General
Director of the Palestinian Petroleum Commission was held
accountable by Dr. Mahmoud al-Ramahi, a PLC member of the reform
and change bloc, and Dr. Sahar Qawasmi, Bassam el-Salhi, a PLC
member of the alternative bloc, Dr. Mohammed Naser from BirZeit
University and Yousef Hamdan from the gas station owners’
syndicate, and Nizar al-Ja’bari a gas station owner.
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Basheer pointed out the importance of this report as it illustrates the
conditions of the petroleum sector after reform procedures took place,
in the sector in general and in the Commission in particular, in 2004.
Reform efforts included unifying revenues and applying transparency in
improving access to information, issuing periodical reports on financial
activities including revenues and expenditure for all financial centers.
In
regards to duality in the relationship of the Commission with the
private sector, Bashir confirmed that there should be sound mechanisms
based on the objective of protecting public funds. He also acknowledged
that with the support of the Minister of Finance, and the deputy
minister, as well as the cooperation of the Palestinian security
services, it was possible to collect 100 million NIS out of around 300
million NIS of the commission’s debts thus far. He noted that the
commission is documenting and auditing the balances as belated payments
that are given 12 months after the due date to be paid.
Further improvements are currently taking place such as the Commission’s
work is regulated by the Ministry of Finance’s bylaws and regulations
and is being directly supervised by the ministry. The Commission is also
in the process of developing the capacity of its staff.
At
the managerial level, he clarified that the quality line was set and the
water meters were changed in order to maintain the consumer’s safety.
Additionally, a number of courses were held for employees on topics like
safety and security in all stations. Special emphasis was placed on
storage and distribution of fuel.
Furthermore, he stated that the Commission follows accurate and clear
mechanisms of accountability and works as a team to maintain the highest
performance. The first step towards reform will be to annex the
Petroleum Commission to the Ministry of Finance.
The
new financial and accounting systems, he added, will start on May 1st
. These, we feel, are important steps towards documentation of our work
including supervision and control of the incomings and outgoings of the
warehouse.
Main recommendations of the report:
The
necessity to review the policies of the Water Authority and the
Commission, specifically as it relates to the continued monopoly of the
latter to the fuel sector. The PNA is also to be encouraged to review
its general policies regarding fuel, especially when assigning tasks and
responsibilities. Financial issues and work related are now separated
from technical issues in this sector as the Ministry of Finance will
take the responsibility of the financial aspect.
Moreover, the Commission is to apply accredited and clear licensing
systems for gas stations in order to prevent interventions from other
parties. There should be a law for the General Petroleum Commission
ratified in the second reading which is awaiting the endorsement of the
President.
Additionally, an investigation committee is to be formed in order to
look into the former violations of the Petroleum Commission and to
investigate the circumstances and the reasons which led to the
misappropriation of public money. It is important that the committee
find mechanisms to retain the money especially after the accumulation of
debts on gas stations and to hold the ones behind these debts
accountable.
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