Emphasising that political officials are not excluded from compliance with disclosure regulations,
AMAN stresses the need for establishing mechanisms for more effective regulations on the disclosure of conflicts of interest, receipt of gifts, and financial assets
Ramallah – The Coalition for Accountability and Integrity (AMAN) held a session to discuss a draft report on Compliance of Political Officials with the Regulations on Conflicts of Interest, Receipt of Gifts and Financial Assets in Palestine. The session brought together representatives of relevant government bodies, including the President’s Office, State Audit and Administrative Control Bureau (SAACB), Palestinian Anti-Corruption Commission (PACC), Palestine Monetary Authority, other line ministries, and media outlets.
In his opening statement, Mr. Jihad Harb, Senior Researcher at AMAN, provided a review of the report, which investigates how compliant political officials are with items of legislation aimed at promoting political integrity and anti-corruption efforts. The report places a special focus on the disclosure of, and procedures for dealing with, incidents of conflict of interest, receipt of gifts, and periodic financial disclosures by political officials.
Many groups are excluded from regulations on the disclosure of conflicts of interest and acceptance of gifts
In her presentation, Researcher Anan Jab’iti highlighted key findings and recommendations of the report. In particular, the Regulation on Conflicts of Interest and Regulation on the Receipt of Gifts exclude some groups. Originally subject to the Anti-Corruption Law No. 1 of 2005, these include the President of the State, advisors to the President, chairs of institutions reporting to the President’s Office, Prime Minister, members of the Palestinian Legislative Council, members of the Judicial Authority and Public Prosecution, Governors, and members of the diplomatic corps.
According to Jab’iti, because they are non-binding under the law, exclusion allows an opportunity for some officials to seek protection against accountability and enjoy impunity. Perceived as disguised bribery, receipt of gifts can be viewed as political corruption.
Financial disclosures should include senior staff and members of the judiciary
The report recommends that the Anti-Corruption Law No. 1 of 2005 be amended. Article 22 will be amended so as to provide for the submission of financial disclosures by political officials and some chairs of public bodies and institutions. Amendments will also be introduced to legal provisions, according to which judges and prosecutors submit financial disclosures. Along the lines of the Anti-Corruption Law which applies to public servants, these provisions will prescribe that financial declarations are submitted on a regular basis, when sources of income change, or after termination of service. Additionally, the report recommends that the Regulation on Conflicts of Interest be amended. The scope of application of the regulation will include the President, advisors to the President, chairs of public institutions reporting to the President’s Office, Prime Minister, Governors, and members of local government units (LGUs), and members of the diplomatic corps. Establishment and working mechanisms of committees will be adjusted to be fit for actors subject to the provisions of the regulation.
AMAN also made a set of recommendations to amend the wording of the conflict-of-interest disclosure form and strengthen the Council of Ministers’ oversight of compliance of actors mandated to enforce the regulation with establishing prescribed committees. A “register of interests” will be in place throughout public institutions to keep track of disclosures of conflicts of interest. Judicial laws and the code of judicial conduct will include provisions on the disclosure of conflicts of interest, including cases involving the relationship between judges and lawyers. The PACC also needs to issue instructions needed to put the regulation into effect. AMAN is of the view that the PACC should issue directives on government monitoring of the establishment of committees on conflicts of interest.
In regard of the Regulation on the Receipt of Gifts, the report recommends that the Council of Ministers operationalise control over the compliance of actors mandated to enforce the regulation with keeping records of gifts and establishing required committees. Besides providing internal and external representation of government bodies, Committee members will be trained and enabled to offer advice to officials and staff on incidents they might experience while on duty. The report further recommends that issues not covered by judicial laws and the code of judicial conduct be covered, particularly in relation to establishing a register of gifts. The Regulation on the Receipt of Gifts will be amended so that its scope of application encompasses the Presidents, advisors to the President, Prime Minister, Governors, and members of the diplomatic corps. Establishment and working mechanisms of committees will be adjusted to be fit for actors subject to the provisions of the regulation.
With respect to recommendations on financial disclosures, the report recommends that the PACC apply a mechanism for spot checks of financial disclosures as aa guarantee to promote compliance with accurate and valid statement submission by staff required to make disclosures. The disclosure form needs to be modified. While the nature of disclosure is reflected in the title, a classification will delineate first-time, periodic, end-of-service, and complementary disclosures. The latter lay out a change introduced to the incomes of staff required to make disclosures. The disclosure form will provide a definition of each declaration of assets. In other words, it will make clear hat is intended by movable and immovable properties, real estate, money, bank accounts, shares, securities, and debts. The financial disclosure form will further lay out moral rights, which may be an important source of income and significant in financial terms, such as copyrights and patents.
The report recommends that, in accordance with the law, the PACC initiate legal proceedings against any staff who provide false information on financial disclosure forms. The financial disclosure form will be automated and fully computerised. It will be completed and submitted electronically, facilitating distribution and receipt of financial disclosures by the PACC. This will also enable speedy and easy review, audit, keeping, and storage of these forms.
Different comments
According to Mr. Abdullah Nawahdah, Head of the PACC Financial Disclosure Section, conflicts of interest are governed by 23 laws. Financial disclosures kept at the High Court are examined at the PACC’s request. Periodic, final, and first-time disclosures have been submitted to the court. Nawahdah indicated that the PACC was competent of keeping the disclosures in its possession, rather than those stored at the High Court or any other body.
Nawahdah explained that the PACC did not carry out spot checks of financial disclosures due to multiple challenges. In addition to bank secrecy policies, online data flow is lacking. There is an insufficient number of staff who are capable of examining all financial disclosures. Nawahdah made clear that, in recent years, some financial disclosures were checked in the context of investigations of some complaints and reports.
In his comment, Mr. Jihad Shurouf, representative of the Ministry of Labour (MoL), said that the Ministry complied with the regulation immediately after it was promulgated and entered into force. Chaired by the MoL Undersecretary, a committee for the disclosure of gifts was established. Mr. Mohammed Abdul Jawad, SAACB representative, asserted that some agencies, such as universities, LGUs and civil society organisations, were not subject to civil service procedures and regulations. To this avail, Abdul Jawwad stressed the need for a regulation on conflicts of interest, rather than a mere code of professional conduct. According to Abdul Jawwad, in 2023, the SAACB will launch a report on outside employment.
Dr. Azmi Shuaibi, Advisor to the AMAN Board of Directors for Anti-Corruption Affairs, stated that, according to AMAN annual opinion polls, citizens believed that corruption was pervasive among senior officials, indicating poor public trust in political officials and decision makers in Palestine. To this end, interventions need to be made by submitting recommendations on various processes and measures to immunise public institutions. These will thwart opportunities to exploit gaps under some regulations. In view of their powers, political officials and decision makers are more susceptible to the risks of corruption.
