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.
