| Algeria: Integrity Scorecard Report > Sub-Category: State-Owned Enterprises | ||
| Indicators | Score | |
| 64 | In law, is there an agency or equivalent mechanism overseeing state-owned companies? | 100 |
| 65 | Is the agency or equivalent mechanism overseeing state-owned companies effective? | 15 |
| 66 | Can citizens access the financial records of state-owned companies? | 10 |
Indicator and sub-Indicator Details
| 64 | In law, is there an agency or equivalent mechanism overseeing state-owned companies? | |||||||
| 64: In law, is there an agency or equivalent mechanism overseeing state-owned companies? | ||||||||
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Comments: The above-mentioned article states that the "Conseil des participations de l'Etat" oversees the structure of the board of the enterprise, the nature and scope of the activities of the company. References: Conseil des participations de l'Etat Décret exécutif n° 01-283 of 24 September 2001 MINISTERE DE LA PARTICIPATION ET DE LA COORDINATION DES REFORMES JO N° 55 du 26 Septembre 2001, Page 13 Article 3
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| 65 | Is the agency or equivalent mechanism overseeing state-owned companies effective? | |||||||
| 65a: In law, the agency or equivalent mechanism overseeing state-owned companies is protected from political interference. | ||||||||
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Comments: The article (and the website) state that the council is composed by various ministers of the government. Le Conseil est composé : - Du ministre d'Etat, ministre de la justice, - Du ministre d'Etat, ministre de l'intérieur et des collectivités locales; - Du ministre d'Etat, ministre des affaires étrangères; - Du ministre des finances; - Du ministre des participations; - Du ministre du commerce; - Du ministre du travail et de la sécurité sociale; - Du ministre de l'aménagement du territoire et de l'environnement; - Du ministre chargé de l'industrie; - Du ministre délégué auprès du ministre des finances, chargé de la réforme financière; - Du ou des ministre (s) concerné (s) par l'ordre du jour. References: Official website of the "Conseil des participations de l'Etat" (CPE) [ LINK ] Executive Order 01.04 of 20 August 2001 Article 8
Peer Review Comments: It is part of the political system.
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| 65b: In practice, the agency or equivalent mechanism overseeing state-owned companies has a professional, full-time staff. | ||||||||
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Comments: The council is composed of several ministers and under guidance of the "chief of the government". The office is provided by the "Ministry of Participations." References: Official website of the "Ministère des Participations et de la Promotion des Investissements" "Conseil des Participations de l'Etat" [ LINK ]
Peer Review Comments: It is very well staffed.
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| 65c: In practice, the agency or equivalent mechanism overseeing state-owned companies receives regular funding. | ||||||||
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Comments: The so-called council is a mere shell or "shadow entity", as it is solely composed of ministers and under the full control of the government. It has no real identity of its own and therefore cannot be regarded as an "agency". References: Official website of the "Ministère des Participations et de la Promotion des Investissements" "Conseil des Participations de l'Etat" [ LINK ]
Peer Review Comments: It is a Ministry and receives regular funding.
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| 65d: In practice, when necessary, the agency or equivalent mechanism overseeing state-owned companies independently initiates investigations. | ||||||||
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Comments: The so-called council is a mere shell or "shadow entity," as it is solely composed of ministers and under the full control of the government. It has no real identity of its own and therefore cannot be regarded as an "agency." References: Official website of the "Ministère des Participations et de la Promotion des Investissements" "Conseil des Participations de l'Etat" [ LINK ]
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| 65e: In practice, when necessary, the agency or equivalent mechanism overseeing state-owned companies imposes penalties on offenders. | ||||||||
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Comments: The so-called council is a mere shell or "shadow entity", as it is solely composed of ministers and under the full control of the government. It has no real identity of its own and therefore cannot be regarded as an "agency". References: Official website of the "Ministère des Participations et de la Promotion des Investissements" "Conseil des Participations de l'Etat" [ LINK ]
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| 66 | Can citizens access the financial records of state-owned companies? | |||||||
| 66a: In law, citizens can access the financial records of state-owned companies. | ||||||||
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Comments: The above-mentioned articles do not mention the right of ordinary citizens to the financial records of state-owned companies. Furthermore, they state that the information about the financial health of the companies has to be passed from the "general assembly" of the company towards the CPE. References: Excutive Decree No. 01-283 of 24 September 2001 MINISTERE DE LA PARTICIPATION ET DE LA COORDINATION DES REFORMES JO N° 55 du 26 Septembre 2001, Page 13 Articles 5 -11.
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| 66b: In practice, the financial records of state-owned companies are regularly updated. | ||||||||
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Comments: "Little is known about the financial health of the state-owned companies, as the financial records are not available to the public and only to the CPE." References: Interview with former member of the government, who wishes to remain anonymous. Date: August 2007.
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| 66c: In practice, the financial records of state-owned companies are audited according to international accounting standards. | ||||||||
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Comments: "Little is known about the auditing process of the state-owned companies, as the financial records are not available to the public and only to the CPE." References: Interview with former government official, who wishes to remain anonymous. Date: August 2007
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| 66d: In practice, citizens can access the financial records of state-owned companies within a reasonable time period. | ||||||||
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Comments: "The public cannot access the financial records of state-owned companies." References: Interview with government official who wishes to remain anonymous. Date: August 2007.
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| 66e: In practice, citizens can access the financial records of state-owned companies at a reasonable cost. | ||||||||
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Comments: "The public cannot access the financial records of state-owned companies." References: Interview with government official, who wishes to remain anonymous. Date: August 2007.
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