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2007 Assessment

Algeria: Integrity Indicators Scorecard

Algeria: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	75
42	Is the law governing the administration and civil service effective?	56
43	Are there regulations addressing conflicts of interest for civil servants?	17
44	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments: The above mentioned section of the executive order defines the rights and obligations of a civil servant, which includes his responsibilities towards the state and his or her independence of influence from outside parties.

References: Executive Order No 06-03 of 15 July 2006 with regards to the status of the civil servant PRESIDENCE DE LA REPUBLIQUE JO N° 46 du 16 Juillet 2006, Page 3 Title 2 - Garanties, Rights & Obligations

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments: The above mentioned articles of the law define the various acts of using public resources for private gain. These acts are to be punished with imprisonment between two and ten years and a fine between 200,000 and 1,000,000 dinars.

References: Law No. 06/01 for the prevention and the fight against corruption from 20 February 2006. Articles 29 - 33. [ LINK ]

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: Such a mechanism does not exist.

References: Such a mechanism does not exist.

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: The above-mentioned article states that civil agents have to resign from posts, following convictions for crimes.

The civil degradation consists of

1) the removal and exclusion of those convicted for all functions or higher employment by a [political] party or the state and any employment in reference to the infringement;

2) the removal of the right to be elected and, in general, of all the civil and political rights and the right to receive public honors;

3) the incapacity to be assessor, expert, to serve as a witness in all cases and to serve in the justice system otherwise, which includes giving simple advice;

4) the incapacity to be a guardian or court-appointed guardian, if the guardianship does not concern his or her own children.

5) the removal of the right to carry arms, to teach, to manage a school or to be employed in a teaching institution as a professor, instructor or guardian.

Original article:

La dégradation civique consiste :

"[...] 1°) dans la destitution et lexclusion des condamnés de toutes fonctions ou emplois supérieurs, du Parti ou de lÉtat, ainsi que de tous emplois en rapport avec linfraction; 2°) dans la privation du droit dêtre électeur ou éligible et, en général, de tous les droits civiques et politiques et du droit de porter toute décoration;

3°) dans lincapacité dêtre assesseur-juré, expert, de servir de témoin dans tous actes et de déposer en justice autrement que pour y donner de simples renseignements; 4°) dans lincapacité dêtre tuteur ou subrogé tuteur si ce nest pas de ses propres enfants; 5°) dans la privation du droit de porter des armes, denseigner, de diriger une école ou dêtre employé dans un établissement denseignement à titre de professeur, maître ou surveillant.

References: Algerian penal code General Principals

Art. 8 - (loi n° 82-04 du 13 février 1982)

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments: Civil agents are very often under political influence of some sort. Even officials on a local level are regarded as direct agents of the Ministry of Interior and their executors of policy actions. Therefore they have significant problems executing decisions made by the local elected officials, who might be affiliated with other parties than the Minister of the Interior. Otherwise civil agents often serve the interests of the official who has appointed them.

References: Interview with a former member of the government, who wishes to remain anonymous. Date: August 2007.

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: Guidelines exist for the appointment of civil agents and they are effectively based on experience for the different positions. But for certain posts on the national level or on local level, these standards are set aside in favor of personal relationships.

References: Interview with a former member of the government, who wishes to remain anonymous. Date: August 2007.

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments:

References: Interview with a former member of the government, who wishes to remain anonymous. Date: August 2007.

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments: Certain posts have very precise job descriptions, but these descriptions are not contained in the contracts. They are often verbally transmitted or contained within the descriptions for job applications. New demands or responsibilities may come up at any moment.

References: Interview with a former member of the government, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: Job descriptions are not very well defined and stated clearly in a contract.

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments: There is very little hard data on this issue, and most sources are extremely reluctant to discuss it.

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: It can represent a fair share of the salary.

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments:

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: Not really, not on a regular basis.

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: "A redress mechanism does not exist. When it comes to corruption or any matters that *might* endanger the position of a certain power broker in the civil service, it is impossible for a lower-rankling civil servant to conduct such investigations."

References: Interview with an employee of a nongovernmental organization, who wishes to remain anonymous. Date: August 2007.

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: All the salaries are paid on time, due to the pressure by the unions, who would otherwise call for strikes."

References: Interview with a former member of the government, who wishes to remain anonymous. Date: August 2007.

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: "This regulation applies to civil servants, who are sentenced to prison terms of 3 years or longer."

References: Interview with a former member of the government, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: Many people who have been imprisoned had been hired into important jobs.

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments: Such requirements do not exist.

References: Such requirements do not exist.

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: Such restrictions do not exist, although a new ordinance addressing such issues has been debated (though not yet formally adopted).

References: Such restrictions do not exist.

Peer Review Comments: The ordinance has been recently adopted.

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments: There do not exist real guidelines or regulations for gifts and hospitality besides the mentioned laws against corruption.

References: There do not exist real guidelines or regulations for gifts and hospitality besides the mentioned laws against corruption.

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments:

References: Interview with an employee of a nongovernmental organization, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: We have no records of such regulations.

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments: "The new law against corruption exists, but it is largely ineffective."

References: Interview with a former member of the government, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: Not yet tested.

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: There is no such regulation.

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments: The above-mentioned article states that the information about the assets of legislators is to be treated confidentially. Only members of the auditing commission and certain members of the judiciary can access these reports.

References: Executive Order No. 97-04 of 11 January 1997 MINISTERE DE LA JUSTICE JO N° 3 du 12 Janvier 1997, Page 7 Article 11

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: "Ordinary citizens cannot access these reports."

References: Interview with a former member of the government, who wishes to remain anonymous. Date: August 2007.

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: "Ordinary citizens cannot access these reports."

References: Interview with a former member of the government, who wishes to remain anonymous. Date: August 2007.