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June 20, 2010,
President Mahmoud Abbas endorsed a special law to combat all forms of
corruption. The Law will be referred to as The Anti-Corruption Law” and
will address all forms of corruption in the Palestinian society. This
achievement was the result of several factors one of which appeals
initiated by the Coalition for Accountability and Integrity AMAN and
supported by Palestinian CSOs, parliamentarians against corruption, and
public sector representatives. It was also in fulfillment to the
requirements of the United Nations Convention against Corruption,
unilaterally signed by the Palestinian Authority (PNA), which obliges
States Parties to establish a special body/commission that addresses
corruption in accordance with the law.
AMAN,
being the sole institution whose specialty is combating corruption took
the initiative to review the Illicit Gain Law, ratified in 2005 by the
Palestinian Legislative Council (PLC), and modify it to include all
forms of corruption. The Illicit Gain Law was not implemented until
recently and after pressures from AMAN and supporters calling to assign
a head for the Illicit Gain commission. In March 2010, Mr Rafiq
Al-Natsheh was assigned for the job which will now be Head of the
Commission for Combating Corruption.
The new law
is a comprehensive law covering all issues of corruption to include
criminalization of all forms of corruption, including Wasta, nepotism,
and favoritism which were not considered criminal in previous laws. In
addition, the new law
expanded the powers and functions of the Commission to include
investigation of corruption cases as well as given it authority to
coordinate with the competent authorities to track, control, seize and
recover funds and proceeds collected from criminal corruption acts.
Other responsibilities of
the commission will include a public awareness agenda for the
Palestinian society at all levels official and popular. It needs to
ensure that Palestinians understand the risks of corruption and its
negative effects as well as provide methods on how to prevent and combat
it. It also has the task of drawing a national policy to combat it;
develop plans and programs on the subject in cooperation with the
relevant authorities; review and evaluate legislation; and cooperate
with anti-corruption bodies and organizations, Arab, regional and
international.
It is worthy to note that
AMAN held several workshops while reviewing and amending the Illicit
Gain Law to become the Anti-Corruption Law. The workshops included
experts in legal aspects such as lawyers, a former judge, in addition to
CS expert, and others. Several amendments were drafted before
submitting it to the Council of Ministers. The final copy of the Law
included most of the suggested modifications.
Al-Wasta is a criminal act punishable by law
The
criminalization of Wasta and favoritism, as corruption crimes punishable
by law, is considered a substantive and important amendment, especially
since the penalty is from 3-15 years imprisonment.
Moreover, the amendment can also be considered a victory to AMAN’s
repeated calls for criminalizing Wasta and favoritism since all its
surveys and reports for the past ten years have illustrated that Wasta
and favoritism are the most common among corruption acts in the
Palestinian society especially among public sector officials and
employees, mainly in the department of providing services and job
appointments.
Applicability of the law on the heads and
staff of Palestinian NGOs and international staff working in the
Palestinian Occupied Territory:
One of the most
substantive amendments adopted by the anti-corruption law is that it
also applies to international personnel working in the Palestinian
territory. It also applies to chairpersons and members of boards of
charities and political parties, trade unions and NGOs and employees of
these institutions.
The dismissal of the head of the commission
by a court order:
It is important to note
that the new law includes the dismissal and replacement of the head of
the commission if he/she is convicted of a breach of duties assigned or
if he/she has committed any act of corruption.
AMAN
values issuance of the new law:
In
light of the absence of the PLC due to several political factors imposed
on Palestinians, mainly the Israeli Occupation of the land and people,
AMAN
welcomed the issuance of the Anti-Corruption Law by the
President hoping it will be approved by the PLC as soon as it resumes
its duties officially. In the mean time, AMAN and its supporters will
continue to call on the PA to amend and complete the specific
legislations relating to combating corruption and to establish an
independent body competent in combating corruption by providing all
human, technical, and funds needed. AMAN also views the endorsed law as
a prerequisite condition for the success of all anti-corruption efforts
in Palestine.
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