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2007 Assessment

Egypt: Integrity Indicators Scorecard

Egypt: 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?	100
42	Is the law governing the administration and civil service effective?	42
43	Are there regulations addressing conflicts of interest for civil servants?	33
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: There are rules and regulations requiring an impartial, independent and fairly managed civil service. Law no. 47/1978 (articles 15-27) organizes civil service and aligns it with the public interest.

References: Law no. 47/ 1978 organizing civil servants, published in the official newspaper on July 20, 1978, issue no. 29.

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

Score:

YES

Comments: Articles 28-75 of civil servants' law no. 47/1978 prevent nepotism, cronyism, and patronage within civil service and impose impartial and objectives rules for holding civil service jobs.

References: Law no. 47/ 1978 organizing civil servants, published in the official newspaper on July 20, 1978, issue no. 29.

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: Civil servants' law no. 47/1978 established the Labor Force Committee, a redress mechanism for the civil service, which is part of the Labor Force Ministry. That committee has been responsible for appointing civil servants from school and university graduates and allocating them to civil service in all sectors. But upon abandoning socialism and state capitalism, the state withdrew from appointing school and university graduates, and now it is upt to the private sector to compensate for the previous role of the state. The state servants' law and other laws provide mechanisms through which civil servants and applicants for the civil service can take grievances regarding civil service management actions. In addition, civil servants are able to appeal the decisions to the judiciary, particularly the Administrative Prosecution and courts.

References: Law no. 47/ 1978 organizing civil servants, published in the official newspaper on July 20, 1978, issue no. 29;

The election program of the presidency candidate Mohamed Housni Moubarak, September 2005.

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

Score:

YES

Comments: Article no. 100 of civil servants' law no. 47/1978 stipulates the dismissing of civil servants convicted of corruption and preventing them from future government employment. They can restore their government employment by the power of law only if they appeal to court against the first judicial judgment and are proved to be innocent of corruption in the second judgment.

References: Article 100 of law no. 47/1978 organizing civil servants, published in the official newspaper on June 20, 1078, issue no. 29.

Is the law governing the administration and civil service effective?

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

Score:

100

Comments: In practice, civil servants are not protected from political interference. Most corruption issues that have arisen lately demonstrate that civil servants are not protected from political interference and political and economic centers of power.

References: Mostafa Kamel El-Sayid, Corruption and Development, Center for Studies of the Developing Countries, Faculty of Economics and Political Sciences, Cairo University, 52.

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

Score:

100

Comments: In practice, civil servants are not appointed or evaluated according to professional criteria. Professional criteria are the last ones to be considered. Although there are organizational procedures for taking government employment, such as announcing vacant jobs in public information media, making interviews for selecting the best persons, taking educational certificates as the first determinant, etc., in most cases it is evident that these jobs are allocated beforehand for relatives of high-level government officials. In practice all impartial and objective rules stated in laws are set aside in favor of nepotism, cronyism, and patronage. Unequal opportunities, favoritism and nepotism are the dominant rules in occupying government employment. This resulted in a phenomenon known as "the inheritance of government employment" in universities, military, police and even ministries. In Egypt there are certain families (ex-feudal ones) that have had one minister at least in subsequent governments since monarchy in the pre-revolution era. This phenomenon destroys the principle of equal opportunity and deprives the majority of citizens of their equal access to civil service jobs.

References: Al-Wafd newspaper, Files of Favoritism, April 8, 2004.

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

Score:

100

Comments: In practice, civil service management actions such as hiring, firing or promotions are based on nepotism, cronyism, or patronage. These corrupt mechanisms came to be the dominant "conventional" law governing civil service and government employment. For example, in the last legislative elections, the candidates - the ministers of petroleum, irrigation and water resources and all other ministers and high-level government officials - offered wide promises to voters in their electorates. These promises were mainly concerning government employment in their respective ministry or department. Whether these promises were accomplished or not, this behavior by ministers and high-level government officials is fatal to good governance and civil service. If those officials appointed their voters in their ministries, this act destroys the principles of equal opportunity and appointment of the best people for the jobs. It also discloses that ministers and high-level government officials including the leaders of the ruling party make use of state employment for their own interest and the interest of the ruling party. Nepotism, cronyism, or patronage in occupying government jobs also result in forming interest groups and centers of power in state agencies. This corruption, in turn, breeds corruption, and relevant laws are set aside. Here corruption becomes an institutional method, not merely individual violations, as claimed by the government. Examples of corruption issues by high-level government officials are those of Mohamed Al-Wakeel, undersecretary of the Ministry of Information, and Yousof Abd-Al-Rahman, undersecretary of the Ministry of Agriculture.

References: Al-Wafd newspaper, Files of Favoritism, April 8, 2004.

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: In practice, civil servants have clear job descriptions according to civil servants' law no. 47/1978 and the bylaws and regulations of every government agency, department and institution. Agencies can impose job descriptions on their employees Violations of laws, regulations and job descriptions are converted to the prosecution and courts. However, with the previously stressed widespread corruption in government agencies and departments, breaking relevant laws, regulations and job descriptions turn to be the rule, not the exception.

References: The web-sites of the Egyptian government, the Ministry of Administrative Development www.egypt.gov,eg www.ad.gov.eg

Akram Al-Kasas, What Is Left in Egypt to the Egyptians, Al-Arai newspaper, Feb. 19, 2007

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: Determining the minimum and maximum limit of salaries, bonuses, total pay and regular subsidies of all civil servants are organized in accordance with the civil service law no. 47/1978. However, there are other forms of payment that exceed the whole salary of thousands of government employees. Salaries of undersecretaries, employees in certain ministries, such as the Interior and Justice Ministries, are much higher than those of the employees in other ministries. While the newly appointed teacher takes no more than 300 pounds (US$54.5), the newly appointed prosecutor takes about 2,000 pounds (US$364), and they are both university graduates. For some state jobs, such as chief editors of state-owned (national) newspapers, there are unreasonable and unbelievable bonuses. For some of them, the total monthly pay exceeds 1 million Egyptian pounds (US$182,000).

References: The bylaw of law no. 47/1978

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

Score:

100

Comments: In practice, the government publishes the number of available civil service positions from 2005 to 2011, in accordance with the election program of the presidency candidate Mohamed Housni Moubarak, in which he promised to make available 6 million job opportunities. In Egypt, 982,000 jobs are needed every year to accommodate new graduates. Nothing of the program election of president Mubarak came true. Unemployment rate according to government documents is 9 percent (2.3 million jobless persons), while in independent estimates this rate rises to 27 percent (6.1 million jobless persons). The number of civil positions actually filled is 6 million, of which 5.5 millions are permanent and 0.5 million are temporary. The total number of labor force in Egypt is 21.1 million workers. Workers covered with insurance in the private sector in 2003-2004 were 5.2 million, in addition to workers in investment companies and agriculture.

References: The election program of the presidency candidate Mohamed Housni Moubarak, September 2005;

Ilhami Al-Merghany, Transformations of The Egyptian Working Class, Hesham Moubarak Law Center, PP. 67-91.

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

Score:

100

Comments: Although the government always announces and emphasizes complementarity with the private sector in providing jobs, millions of youth are still jobless. Every day, a number of false available jobs opportunities are disclosed to ordinary people. Due to the government withdrawal from offering jobs, the private sector became the target of job seekers. While the government claims that the unemployment rate is 3.7 percent (2 million people), other independent estimates found this rate to be 25 percent (7 million people). The lack of the redress mechanism pushed hundreds of thousands of young people to legitimate and illegitimate emigration.

References: Abo-Baker Al-Gendy, head of the Central Apparatus for General Mobilization and Statistics, a press release, April 3, 2007, cited on the web-site of Al-Wafd newspaper.

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

Score:

100

Comments: In practice, the government has paid civil servants on time during 2007. Salaries and wages allocations in 2006-2007 rose to 51.4 billion pounds (US$9.3 billion) from 30.5 billion (US$5.5 billion) in 2001-2002.

References: The National Planning Institute, the annual report "The Egyptian Economy between Development Opportunities And Reality Challenges"

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

Score:

100

Comments: In practice, civil servants convicted of corruption are either left in government employment or dismissed from it. Those fired from government employment turn to be businesspersons in the private sector making use of the illegal relationship networks they formed while being in the civil service. Civil servants convicted of corruption and dismissed from government employment are prohibited from government employment in the future. In fact those persons are often in no need of government employment any longer. But if those persons appeal against the conviction and the court accepts their appeal, they can restore their positions by the power of law and judiciary.

References: Ahmed Al-Sayid Al-Najar, Corruption And Its Confronting in Arab Countries, The Report of the Strategic Economic Directions, Cairo, 2001, PP. 165-196.

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: Article 77 (clauses 11 and 12) of law no. 47/1978 organizing civil servants confirms the principle of interest conflict as a legal base that must be applied to different government jobs. This same principle is established in the laws of the judiciary authority, lawyers, banks, companies and the bylaw of the People's Assembly (legislature).

References: Article 77 (clauses 11 and 12) of law no. 47/1978 organizing civil servants, published in the official newspaper on July 20, 1978, issue no. 29.

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: In law, there are no restrictions for civil servants to enter the private sector after leaving the government. Clause 8 of article 77 of the civil servants' law prevents ex-civil servants from disclosing any of the secrets of their past government jobs, especially those that are secret by nature. Clause 9 of the same article criminalizes keeping official documents for oneself.

References: Article 77 (clauses 8 and 9) of law no. 47/ 1978 organizing civil servants, published in the official newspaper on July 20, 1978, issue no. 29.

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

Score:

YES

Comments: Article 77 (clause 14) of law no. 47/1978 organizing civil servants prevents civil servants from accepting gifts, hospitality, rewards, commissions, or loans in return for undertaking the duties and tasks of their jobs.

References: Article 77 (clause 14) of law no. 47/ 1978 organizing civil servants, published in the official newspaper on July 20, 1978, issue no. 29.

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

Score:

100

Comments: In practice, the are no regulations restricting post-government private sector employment for civil servants.

References: Jihan Mawhoub, Feudal Lords, Al-Wafd newspaper, April 8, 2004, P. 9.

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

Score:

100

Comments: Although there are legal regulations governing gifts and hospitality offered to civil servants and penalties are imposed on persons breaching them, they are not effective in practice. Traditions and conventions developed over the past three decades established such illegal acts by civil servants as accepting gifts, hospitality and bribes in return to facilitating peoples' interests. These conventions became stronger than the laws criminalizing such corrupt acts, since they promote the interests of both the responsible civil servants and people willing to pay to get illegal benefits. The only loser is the national pubic integrity.

References: Samir Abd-Al-Sameei Zaki, Corruption And the Mechanisms for Confronting It in Egypt, The Administrative Censorship Authority, Cairo, P. 64.

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

Score:

100

Comments: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are not effective. Although laws of the judiciary authority, lawyers, banks, companies and the bylaw of the People's Assembly (legislature) and the interest conflict base in general remove any kind of pressure from civil servants and rescue them from political decisions that may affect their personal interests, these rules and regulations are ineffective in many cases because of lack of accountability. The present government, for example, is really a government of businessmen, as some of its ministers are businessmen (such as the ministers of Transportation, Tourism and Health), which brought out conflict of interests.

References: Manal Lasheen, The Curse of Interest Conflict Chases Nazeef Government, Al-Fagr newspaper, Jan. 22, 2006, issue 24, P. 6.

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: In law, citizens cannot access the asset disclosure records of civil servants, whether senior or junior ones. Law no. 356/1954 concerning the regulations of government archives, law no. 35/1960 concerning statistics and consensus, law no. 47/1978 organizing civil servants, all ban making asset disclosure records of civil servants accessible to citizens.

References: Law no. 356/ 1954 concerning the regulations of government archives; Law no. 35/1960 concerning statistics and consensus; Law no. 47/1978 organizing civil servants, published in the official newspaper on July 20, 1978, issue no. 29.

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

Score:

100

Comments: In practice, citizens cannot access the asset disclosure records of senior or junior civil servants in a reasonable or unreasonable time period. Government agencies responsible for collecting and monitoring such data apply the above laws that prohibit making asset disclosure records of civil servants available or accessible to citizens.

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

Score:

100

Comments: In practice, citizens cannot access the asset disclosure records of senior or junior civil servants at a reasonable or unreasonable cost. Government agencies responsible for collecting and monitoring such data apply the above laws that prohibit making asset disclosure records of civil servants available or accessible to citizens.