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AMAN coalition coordinated in his headquarters in Ramallah a workshop to
discuss a study prepared by the coalition over a conflict of interests
in the institutions of the National Authority,
In the presence of representatives of the Ministers cabinet, the
Legislative Council and the Office of State Audit and Administrative
Control Bureau, the Ministry of Finance, Justice, and the National
Economy, local governance of the Ramallah and Al-Bireh, the Palestinian
Institution of standards and Methodology, the Cooperative-General, the
Palestinian Capital Market Authority, the Palestinian Monetary
Authority, governorates of Ramallah and Al-Bireh and the Arab Bank.
The
study prepared by two researchers Dr. Nasr Abdel Karim and Professor
Mohamed shark aimed at exploring the extent and the degree of commitment
of the public institutions in implementing procedures to avoid a
conflict of interests through the diagnosis and analysis of the reality
of conflict of interest at a number of public institutions that have
been selected as a case study in which included the municipality of
Ramallah, the Palestinian Capital Market Authority, the Palestinian
Monetary Authority, the Palestinian Telecommunications Company and the
National Ministry of Economy.
The workshop was opened by the Executive Director of AMAN, Ghada
Zughayar, welcoming the presence and thanking the institutions which
have opened their doors is to AMAN for the purpose of the study.
She confirmed that the goal of the study was to shed light on cases of
conflict of interest in public institutions and not to assess the
performance of these institutions. She also pointed out that the issue
of anti-corruption does not take priority on the agendas of various
institutions spectrums and sectors, and stressed that there is no
effective follow-up in the application of laws and procedures that would
reduce or prevent corruption, where there is no deterrent measures found
in several cases - as we know from persons who refer to AMAN - there are
attempts to silence the voice of all those who try to uncover
corruption.
Zughayar added that the concept of conflict of interest, which is
defined by AMAN, the situation in which the official position or a
general official post is used to prevail a particular interest at the
expense of public interest, is still unclear and foggy, there is also no
Palestinian law that comprehensively deal with it in a straightforward
manner with an exception of some articles contained in some of the
Palestinian laws.
Therefore AMAN initiated the implementation of a set of interventions in
which the most prominent of all was the preparation of a draft system on
conflict of interest in public official posts submitted to the concerned
authorities for approval.
The researchers then presented a summary of the study,
where included the legal conceptual framework of conflicts of interest
and the conflict in the public sector under the light of the
international instruments in general and in the Palestinian situation,
in particular. The methodology for the study was made clear by the two
researchers; the source of information was obtained directly from field,
without minimizing the importance reviewing related laws and
legislations, where interviews took place directly with the heads of the
four institutions targeted by the study to determine the administrative
technical and legal obstacles that would prevent conflicts of interest
in real terms. Focus Groups workshops to some interested professionals
took place to understand the imbalance and treat it, also to understand
the role of the judiciary system and the various monitoring bodies not
forgetting the civil society institutions role in monitoring and
evaluation with respect to the phenomenon of conflict of interests.
The study also included a number of recommendations to the four
institutions, in addition to general recommendations on the application
of codes and standards of conduct for the public institutions with the
disciplinary measures against public officials who violate those codes,
promoting transparency in public administrations that enable a citizen
to access information on how departments are organized decisions are
taken and streamlining administrative procedures,
in addition to the institutionalization of the process of receiving and
distribution of aid in kind to Palestine through one official
accountable body working in accordance with regulations and clear
standards, and the adoption of a clear policy by the governmental
institutions that enjoy financial and administrative independence which
receives its finance from the National Authority general budget.
Numerous interventions where provided during the workshop by
participants and the heads of institutions undergone the study.
Professor
Janet Mikhail the Chairperson of the Municipality of Ramallah pointed
that although there are a number of staff members who belong to one
family working in the Municipality
nevertheless the phenomenon of a conflict of interests is avoided, she
also spoke of her consent to the Municipality application of laws in
preventing conflict of interest
in addition to her satisfaction with the publication of the external
audit report, explaining that the Municipality has taken a decision to
appoint an internal auditor in its new 2009 internal structure.
Prof. Maher Al Masri Head Board of the Palestinian Capital Market
Authority praised the efforts of the civil society institutions in the
fight against corruption, pointing out that this subject is now taking a
great importance in many enterprises, especially in the private sector
after the development and the adoption of the rules of good governance,
adding that there is a vital need to mobilize the Palestinian community
towards the rules of good governance. On his part Dr. Atef Alawneh,
executive chairman of the Palestinian Monetary Authority, reviewed
points contained in the study.
Professor Nezam Ayoub, the Companies Observer, stressed the need to
accelerate the issuing of the Palestinian Companies Act, where it
contains materials to prevent conflicts of interest. Ayoub also stressed
that the Companies Observer must be appointing a by the Ministers
cabinet.
Parliamentarian Dr. Sahar Al-Qawasmi, confirmed the need for placing a
law that addresses conflict of interest and defined penalties as a
deterrent to those who deal with this phenomenon.
Referring to the need to conduct a study on conflict of interest in the
private sector, where information highlights the spread of such
phenomenon in this sector, thus it must be combated as well as disclosed
in the public sector.
From his part, Professor Yasser Jaradat the representative of the
Ministry of Local Government pointed to the many times amendments where
forced to the local governorates elections, reminding that the Ministry
of Local Government monitors over 482 local and village councils
therefore the need to coordinate with the Ministry in upcoming
researches to get more relevant information.
Many
inputs had been made by Professor Ali Pharaoh from of the Monetary
Authority and the, Professor Bilal Al-Barghouti Legal Counselor in the
Legislative Council, Professor Muammar Shabib Officer of Compliance at
the Arab Bank, Sudke Saleh from Office of State Audit and Administrative
Control Bureau, Raed Abu Zaaror from the Palestinian Monetary Authority
and Nasser Ayassa from AMAN.
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