The participants in a panel disscussion held by the Coalition for Accountability and
Integrity AMAN over “transfers, delegation and secondment of civil service employees
in the public sector, both civil and military” emphasized the need of completing the
legislative system for some security services in accordance to transfers, delegation and
secondment processes to minimize the opportunities of “wasta” and nepotism in making
decisions related to these prodecures. Moreover the participants have emphasized the
need to end transfers procedures from different governmental institutions to the General
Personnel Council which creates hidden unemployment and a waste of the public money.
The pannel was attended by many representatives from relevant parties, the General
Personnel Council, the State Audit and Administrative Control Bureau (SAACB), the
Palestinian Cabinet, Security Services, the Legislative Council, and some ministries, as
well as some representatives of the Civil Society Organizations and the Media, on which
they emphasized the importance of managing position circulation processes according to
different declared policies and in the optimal manner that ensures the saftey of standards
and constrictios for such processes to build managerial development and a functional
impartiality.
Dr. Abedlraheem Taha, researcher of the study, pointed out that the study included a
research over the conceptual and legal framework, and practical practices of transports,
delegation and assignment in both civil and military sectors. Whereas, in the civil sector,
the study reached a number of legal references governing transports, delegation and
secondment and their differences, with the absence of national plans, policies and the
non-commitment to withdraw employment privileges from some public sector employees
after transferring them from their position to the General Personnel Council, considering
that such privileges are associated with the actual function, as well as some transfers
decisions from different governmental institutions to the General Personnel Council
represents hidden unemployment and a waste of the public money.
On the other hand, the study found that there is a violation of the legal references related
to delegation in the civil sector through delegating some employees from the ministry for
non-governmental departments, and the end of delegation processes to some employees,
with no return to their official departments, Moreover, their absence in departments
which they were delegated to, with the continuation of earning salaries regularly, In
addition to violating the civil service law in secondment of employees on funded projects,
implemented by governmental departments, although these projects are not within the
law of secondment, which involves favoritism and misuse of ones post.
As according to the military sector, the study conducted an incomplete in the legislative
system of some security services which contributed in the expansion of the limited
discretion given to the officials of these services which allows wasta, neoptism and
favorism in making decisions related to transfers, delegation and secondment, in addition
to the nonformation of an organizational structure for the security services and not
publishing an internal statute for service law in the security forces.
Moreover, the study also revealed that the officials of the security services have
discharged employees to work in security services and civil society employees to the civil
defense services, whereas some of these employees were discharged under verbal
instructions, while others have no specific date for their discharge. In addition to
discharging some of the accomplices of some senior employees despite their retirement
despite the absence of a legal basis to do so.
The study recommened the importance of integration of the delegation and secondment
policies within the national plans, policies and the obligation of administration – and
under a legal statement- in the principle of justifications of submitted administrative
decisions in the civil service in general, and stop submitting decisions to transfer some
employees from different governmental sectors to the General Personnel Council whereas
this procedure involves hidden unemployment which causes public money wastage,
wheres employees are delegated to governmental institutions, and to monitor the
commitment of employees in the selected governmental institutions.
Moreover, the study emphasized the need to highlight the surplus of employees in each
governmental department in order to benefit from redundant employees through training
and rehabilitation, aside from non-secondment of emplpoyees only to specified parties by
the law, and to submit an internal statute on the law of the judiciary authority in order to
execute detailed regulations related to transfers, delegation and secondment of judges and
members of the Public Prosecution.
According to the military sector, the study recommended the submission of laws
regulating the work and the competencies of each, Military Intelligence, National
Security, and the police, including the provisions of transfers, delegation and secondment
of employees, and the Palestinian Cabinet to submit regulations to the law of service in
the security forces, as well organizational structures for the security services by the
competent authorities and placement of workers, moreover, transfering of the additional
empolyees to the police, civil defense services and the Customs Brigade, as well as to
abide by the provisions of the service law in security forces in regards to “secondment” in
order to avoid the possibility of unnessecary employees and to activate the role of the
Governance and regulatory bodies in supervising transports, delegation and secondment
procedures.
The Planning and Formation General Director in the General Personnel Council. Wael
Al-Rimawi emphasized that all prodecures of transfers, delegation and secondment are
carried out in accordance with a schedule of configurations linked to functional planning,
no operations are implemented unless in need and according to the law, he also
emphasized the importance of partnership with all governmental departments to set
practical objectives of circulation, target posts and times on which it must be done.
Moreover, Mr. Rimawi pointed out that current legal provisions do not act in respone to
all requirements of development and improvement desired, which calls for submitting
administrative decisions which may effect the quality of the Councils obligations towards
the employees and citizens, taking into account the balance between the institutional
performance and costs.
Majdi Abu Zaid, Executive Director of AMAN, pointed out the aim of the study is to
review the Palestinian experience and analyze the practical practices and procedures of
the trasfers, delegation and secondment to ascertain the extent to which they adhere to the
rules and legal standards governing them, and to the values and principles of transparency
and integrity, which prevents the use of these procedures and decisions to achieve selfinterest
matters.
