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2007 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: 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?	81
43	Are there regulations addressing conflicts of interest for civil servants?	54
44	Can citizens access the asset disclosure records of senior civil servants?	8

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:

References: Civil Service Statute No. (30) in 2007, issued in accordance with Article No (120) of the Constitution

Article 4, principles if civil service: a. equal opportunity regardless of sex, race, religion, or marital status. b. competence and merit c. equal opportunity among employees regarding their rights, duties, and responsibilities. d. transparency and accountability through documented, clear, and published procedures

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

Score:

YES

Comments:

References: Article 171a of the Civil Service Statute No (30) in 2007, issued in accordance with article No (120) of the Constitution, which stipulates that an employee will be fired if he or she received a court ruling convicting him or her of a criminal act, such as bribery, or theft, or forging, or misuse of authority [ 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:

References: Articles 161 - 165 provide a comprehensive process of redress for employees. [ LINK ]

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

Score:

YES

Comments:

References: HE Mazen Saket, president of the Civil Service Bureau, confirmed in an interview that a convicted employee cannot resume a public job.

Article 171a of the Civil Service Statute No (30) in 2007, issued in accordance with Article No (120) of the Constitution, which stipulates that an employee will be fired if he or she received a court ruling convicting him or her of a criminal act, such as bribery, or theft, or forging, or misuse of authority. [ LINK ]

Is the law governing the administration and civil service effective?

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

Score:

100

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

Peer Review Comments: Most of them work without any outside interference.

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

Score:

100

Comments: The basis of choosing and appointing employees in governmental posts is as follows. These bases are issued due to a cabinet decision and the Civil Service Council's recommendation. They aim to regulate and organize the number of applicants; prepare applicants' competition tables, based on their competitive status and classified by their specializations and districts; determine how to calculate applicants' points according to their qualifications and served period; set a mechanism for filling vacancies in ministries and governmental departments and establishments; run competition tests and invite candidates and job winners; determine which departments are excluded from applying this system; and set appointment conditions and mechanisms for choosing special needs candidates, who account for 6% of the total vacancies in governmental departments.

References: Interview with HE Mazen Saket, president of the Civil Service Bureau

Articles 70 - 76 of the Civil Service Statute No (30) in 2007

Peer Review Comments: A new selection criterion has recently been adopted: an annual evaluation will be conducted for all government employees.

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

Score:

100

Comments:

References: Dr. Omar Aljazy, managing partner at Aljazy law firm, 12 October, 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:

References: Mr. Borhan Akrosh, in charge of registering companies at the Ministry of Industry and Trade

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:

References: Mr. Borhan Akrosh, in charge of registering companies at the Ministry of Industry and Trade, 12 August 2007

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

Score:

100

Comments: There is employment outside of that recommended by the Civil Service Bureau (CSB). Often, potential employees turn down jobs coming through CSB.

References: Interview with Mazen Saket, President of the Civil Service Bureau. Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

Peer Review Comments: I think the government does make this information available. (e.g. the number of teachers employed, the number of teacher positions available, etc.) I have seen it in the past.

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

Score:

100

Comments:

References: Dr. Abed Shakhanbeh, former minister of legal affairs, former minister of justice, currently head of the Anti-Corruption Commission.

Mustafa Barari, head of the Audit Bureau, in Amman, Jordan

Basem Sakkejha, former president, Transparency International Jordan Chapter, and a journalist

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

Score:

100

Comments:

References: Mr. Borhan Akrosh, in charge of registering companies at the Ministry of Industry and Trade, 12 August 2007

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

Score:

100

Comments:

References: Interview with Mazen Saket, president of Civil Service Bureau

The Criminal Procedures Code of 1961 states that any person convicted of corruption by a final judgment shall not hold any future governmental position related to the Parliament, judiciary, or Council of Ministers.

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:

References: Article (68) of the Civil Service Statute No (30) in 2007

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:

References: No such stipulations exist in Civil Service Statute No. (30) in 2007.

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

Score:

YES

Comments:

References: Article 68 of the Civil Service Statute No. (30) At 2007

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

Score:

100

Comments: It is often the case that civil servants leave office and join private sector firms shortly after.

References: Phone interview with Basem Sakkejha, former president, Transparency International Jordan Chapter, and a journalist

Interview with Dr. Mohammed Al Masri, Center for Strategic Studies, University of Jordan

Peer Review Comments: I agree with the researcher's score, but I do not think the officials that he or she cites are civil servants.

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

Score:

100

Comments:

References: Phone interview with Basem Sakkejha, former president, Transparency International Jordan Chapter, and a journalist

Interview with Dr. Mohammed Al Masri, Center for Strategic Studies, University of Jordan

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

Score:

100

Comments: There is a code of ethics for public employees that serves as a general orienting set of rules, but there is not a specific legal code governing this issue.

References: Interview with HE Salem Khazaleh, former minister of Trade and Industry, and former minister of Public Sector Development

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 records are made available to the court only if there is a case against the person concerned.

References: Nazem Aref Geyoussi, director of the financial disclosure department in the Ministry of Justice

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

Score:

100

Comments: Because citizens cannot access the asset disclosure records of senior civil servants without a court case, the time depends on the length of the court case, and not on other conditions. Thus, it is evident that citizens are not free to acquire the information whenever they want.

References: Nazem Aref Geyoussi, director of the financial disclosure department in the Ministry of Justice

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

Score:

100

Comments: The cost is what is required by the court. Because the records can be made available only to a judicial committee, the cost of litigation in Jordan is reasonable.

References: Nazem Aref Geyoussi, director of the financial disclosure department in the Ministry of Justice

Peer Review Comments: They cannot access the asset disclosure records of senior civil servants.