In a session to discuss progress toward SDG 16 (combatting corruption)
AMAN Coalition: Lack of access to information is the major obstacle to the realization of SDGs 2030
As a member of the National Team to Achieve SDG 16 on promoting integrity and combatting corruption, to which Palestine has adhered, the Coalition of Integrity and Accountability – AMAN presented its shadow report on the progress achieved by the government toward the realization of anti-corruption objectives. The report is part of AMAN’s voluntary efforts in assessing challenges and formulating recommendations for solutions.
In its second report following its 2018 report, AMAN collected data that took into account the multidimensional nature of SDGs. It also assessed the availability and accuracy of data produced by government institutions and concluded it needed to run an independent evaluation of government’s anticorruption efforts in a context of sustainable development goals. The information provided by the updated shadow report may inform the governmental review of its SDGs related progress. The report also informs decision and policy makers in preparing the national plans aiming to address the gaps, which hinder full realization of this goal.
Conclusion of bilateral state agreements for exchange of information and extradition of criminals facilitates recovery of corruption proceeds
Objective 16.4 focuses on eradication of illicit flows of funds and recovery of stolen assets. The government – based on the update report – achieved some progress in its response to a national risk evaluation. The Council of Ministers ratified the “National Strategy to Combat Money Laundering and Funding of Terrorist Activities”. Instructions have also been formulated relating to politically vulnerable persons.
The report showed that the Palestinian Financial Monitoring Unit has become member of Egmont Group to combat money laundering and terrorism funding in 2019. This step will facilitate the flow of information and tracking of funds and criminal proceeds due to corruption at the international level.
AMAN urges competent authorities, in cooperation with the Palestinian Foreign Ministry and embassies, to conclude bilateral agreements with different states on the exchange of information and extradition of criminals as well as to facilitate investigation and litigation. It also recommends that the government intensifies its training programs in its own departments and private institutions and to raise public awareness of the risks of money laundering and the need to combat it. Governmental and nongovernmental organizations need also to cooperate with anti-money laundering agencies to facilitate the accurate and speedy flow of information.
Regarding recovery of stolen assets, progress has been made. The cross-sectoral national strategy to promote integrity and combat corruption (2020-2022) includes clauses relating to the implementation of the recommendations of the national anti-money laundering committee and preparation of a strategic sectoral action plan to manage public funds 2017-2022. However, this strategy is still facing implementation challenges. Furthermore, judicial decisions have been pronounced to recover stolen funds.
In this regard, AMAN recommends to enable seizure of criminal proceeds resulting from criminal acts as per the Anticorruption Agreement in the Gaza Strip, or confiscation of assets worth the value of such proceeds. It also recommends forfeiture of the tools used or prepared to be used in such acts as well as properties to which criminal proceeds and revenues have been transferred.
Mandate of Anti-corruption Commission and Prosecution need to be broadened to include corruption in the private sector
Regarding progress in the anticorruption legal framework, the amendments introduced to Law No 37 for the year 2018 to subject foreign public servants and international public organizations staff members to the scope of the law are welcomed. However, Palestinian laws do not incriminate bribes in the private sector. Therefore, AMAN recommends to amend the law to include offering, accepting and asking for bribes in the private sector and to broaden the mandate of the anticorruption commission, prosecution and courts to cover corruption crimes in the private sector.
Weak Anticorruption Legislation in the Gaza Strip
The amended anticorruption law is not effective in the Gaza Strip since the creation of the Anti-Corruption Commission. This situation hinders any progress in this area. It is therefore necessary to lobby the de facto government in the Gaza Strip to amend Article 174 of the Penal Code effective in the Gaza Strip to cover explicitly embezzlement for the account of another person or entity as well as leakage and misappropriation of funds. The Code should also incriminate use of physical force, threats, intimidation or promises of non-deserved advantages to incite perjure or intervene in any testimony or submission of evidence on the acts criminalized in the Agreement. It also needs to incriminate use of physical force, threats or intimidation to intervene in the exercise of functions of any judicial or law-enforcement staff.
Regulation of movement of officers from the public to the private sectors and revenue statements enhance the integrity system
Regarding transparency and integrity in the public administration, AMAN recommended to establish a regulation on the move of officials from posts in the public sector to the private sector. It also recommends the adoption of a code of ethics for ministers and PLC members to show the cases of conflict of interest and how to deal with gifts. A competent or judicial authority needs to examine and audit information and data in revenue statements and opt for their public disclosure for senior posts at least. Penalties against violation or abstention from submission of the statements need to be enforced. The same should apply to submission of erroneous or false information.
Disclosure of financial data to enhance citizens’ trust
Objective 16.6 focuses on effective and responsible institutions. The report prepared by the Civil Society Team for Public Budget Transparency showed that the Ministry of Finance published 5 documents (pre-budget statement, public budget as approved, citizens’ budget, periodic (monthly and quarterly) reports, end of year final accounts for the year 2019) of 8 documents that must be published. Furthermore, the documents published included dumb figures that do not reflect performance in the previous year. They do not show the progress achieved. The following documents have not been published (draft budget law, semi-annual report, audited report for 2018).
Consequently, AMAN calls for disclosure of detailed financial data as per the Budget and Financial Affairs Law No 7 for the Year 1998. The Ministry of Finance and Planning must comply with the provisions and publish final accounts within the time frames set forth in the law. Furthermore, the State Administrative Audit and Control Bureau needs to publish its reports within the time frames provided by the law to ensure further transparency.
Regarding public procurement, the current government managed to make a huge reduction in direct purchases. However, AMAN recommends the completion of institutional requirements for the full implementation of the Public Purchase Law. It also calls for full enforcement of the law in granting exceptions in direct purchases. The government issued regulations to specify supplies of high security nature, which represent an exception to the procurement of public supplies. The regulation also provides for the contracting procedures applicable to these exceptions.
Requesting the possibility to hear corruption witnesses, experts and whistleblowers via modern technology
Some development has been achieved regarding reporting on corruption practices, including the promulgation of the law on protection of whistleblowers, witnesses, detectives and experts of corruption cases. The corruption whistleblowers’ index increased from whistleblower and expert and seeker of protection. The protection system also includes families of whistleblowers, witnesses, detectives and experts. Article 10 provides for personal protection of the person concerned and other persons covered by the law in cooperation with the police department and other competent security agencies. A flaw in the law relates to the condition of reporting to ACC to be eligible for protection. AMAN recommended not to restrict reporting on corruption cases to ACC and to allow for the possibility of hearing witnesses, experts and whistleblowers using modern technologies.
Rise in violations of protection of public freedoms
The report covered objective 16.10 on the protection of public freedoms and access to information. It recorded a sharp rise in the number of complaints against arbitrary detention to reach 125 cases in 2018, classified as for freedom of opinion and expression. The number was 32 complaints in 2017. Violation of media freedoms in Palestine also increased in 2018 by 10% compared to previous years, recording 584 assaults. Palestine ranked 137 on the global press freedom index published by Correspondents Without Borders. According to the Palestinian Center for Media Freedom (MADA) the overall violations in Palestine increased in 2019 by 94 points, at the rate of 16% compared to the previous year. It should be noted that the Magistrate Court in Ramallah issued a decision in 2019 to shut down 49 news websites and Facebook pages, based on Article 2/39 of the Cybercrimes Law.
AMAN recommended a revision of the Publication and Prints Law and the Cybercrimes Law to amend the articles restricting public freedoms and rights. It also recommended an acceleration of the ratification of the Law on Access to Information and the National Archive Law. It further recommends raising public servants and officials’ awareness of the close relation between the right to access information and the promotion of a culture of transparency and accountability.
