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2008 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators   Score
44 Are there national regulations for the civil service encompassing, at least, the managerial and professional staff? 75
45 Is the law governing the administration and civil service effective? 78
46 Are there regulations addressing conflicts of interest for civil servants? 42
47 Can citizens access the asset disclosure records of senior civil servants? 0

Indicator and sub-Indicator Details

44 Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?
 
  44a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.
 
Score: YES  NO score
  Comments:

References: The Civil Service Bylaw #30/2007 Article #4, Basic principles and values of civil service are: A - equal opportunity regardless of gender, race, religion, or marital status. B - Merit and competence in the selection of the right person to occupy any vacant posts in the civil service in accordance with the principles of justice and equal opportunities. C - Justice and equal opportunity among employees regarding their rights, duties, and responsibilities. D - Transparency and accountability through documented, clear, and open procedures. E - Efficient performance and outstanding service to the citizen. [ LINK ].

  44b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.
 
Score: YES  NO score
  Comments:

References: Removal from office: The Civil Service Bylaw #30/2007 Article 171 - a - an employee will be dismissed from service in any of the following cases: 1 -conviction by a competent court for any felony or misdemeanor involving moral turpitude, such as bribery, embezzlement, theft, fraud, misuse of the secretariat, false testimony or any other offense against morality. [ LINK ].

  44c: In law, there is an independent redress mechanism for the civil service.
 
Score: YES  NO score
  Comments: Civil servants and applicants for the civil service can take their grievances regarding civil service management actions to the Office of the Ombudsman. However, this mechanism is not operate independently of their supervisors. Civil servants are able to appeal the mechanism's decisions to the judiciary.

References: The Civil Service Bylaw #30/2007 Chapter 17: Grievance,  Articles 161-165, [ LINK ].

  44d: In law, civil servants convicted of corruption are prohibited from future government employment.
 
Score: YES  NO score
  Comments:

References: The Civil Service Bylaw #30/2007,  Article 171-D - the official who has been dismissed may not be re-appointed in any department of the Chambers. He may, however, with the consent of the Chief of Staff officer in accordance with the provisions of item (2) of paragraph (a) of this article, apply to work in the civil service. [ LINK ].

45 Is the law governing the administration and civil service effective?
 
  45a: In practice, civil servants are protected from political interference.
 
Score: 100  75  50  25  0  score
  Comments: There is no practical protection of civil servants from political interference. Unless a civil servant is personally protected by a kind of favoritism, or if he chooses to risk his future in his profession, the widespread culture of nepotism and favoritism and the lack of transparency and accountability makes him subject to all kinds of interference.

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

  45b: In practice, civil servants are appointed and evaluated according to professional criteria.
 
Score: 100  75  50  25  0  score
  Comments: Central appointments made through the Civil Service Bureau often follow professional and transparent standards; however, the degree of transparency of such appointments vary according to the chief of the bureau. The appointments, which are held directly by government institutions, do not usually follow the same professional and transparency standards.

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

  45c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.
 
Score: 100  75  50  25  0  score
  Comments: Personal relations, nepotism and favoritism might play role in civil service management actions such as hiring, firing, and promotions.

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

  45d: In practice, civil servants have clear job descriptions.
 
Score: 100  75  50  25  0  score
  Comments: Each government institution provides a full job description in addition to a job classification.

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

  45e: In practice, civil servant bonuses constitute only a small fraction of total pay.
 
Score: 100  75  50  25  0  score
  Comments:

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

  45f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.
 
Score: 100  75  50  25  0  score
  Comments: Usually, the civil service bureau publishes the number of authorized civil service positions along with the number of positions that have actually been filled on its website.

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

  45g: In practice, the independent redress mechanism for the civil service is effective.
 
Score: 100  75  50  25  0  score
  Comments: There is no independent redress mechanism in Jordan; however, each public institution has a local committee that plays this role.

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

  45h: In practice, in the past year, the government has paid civil servants on time.
 
Score: 100  75  50  25  0  score
  Comments: There is no problem regarding paying civil servants on time.

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

  45i: In practice, civil servants convicted of corruption are prohibited from future government employment.
 
Score: 100  75  50  25  0  score
  Comments:

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

Interview with Abed Shakhanbeh, Head of the Anti-Corruption Commission, Amman, ACC, Jan. 4, 2009.

46 Are there regulations addressing conflicts of interest for civil servants?
 
  46a: In law, senior members of the civil service are required to file an asset disclosure form.
 
Score: YES  NO score
  Comments:

References: Asset Disclosure Law #54/2006 Article #2, [ LINK ].

  46b: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.
 
Score: YES  NO score
  Comments:

References: Civil Service Statute #30/2007, Article #68, [ LINK ].

  46c: In law, there are restrictions for civil servants entering the private sector after leaving the government.
 
Score: YES  NO score
  Comments: No such provision exists in the Civil Service Statute #30/2007.

References: Civil Service Statute #30/2007, [ LINK ].

  46d: In law, there are regulations governing gifts and hospitality offered to civil servants.
 
Score: YES  NO score
  Comments: This bylaw (adopted by the government) neither specifies discrete borders between prohibited gifts and those within accepted standards, nor between bribes and gifts.

The administrative penalty mentioned here is not decided by a court and thus may be poorly enforced.

References: Civil Service Bylaw #30/2007, [ LINK ] Article #68 states that a public officer is prohibited from engaging in any of the following activities subject to a disciplinary penalty:

d- To abuse his/her job for a personal advantage or benefit or for the benefit of a third party who has no right to same; or to receive or request any gifts, in kind or in specie gratuities during his/her service from any person that has relation, connection, or interest with the department but within the usual accepted standards of respect and appreciation.

Peer Review Comments: Article 68 paragraph d of the Civil Service regulations states that an employee, under the liability of punitive penalty, is prohibited from doing any of the following: ... d) use his position for personal gain or third party gain who has no right to receive such gain; or to accept or request any financial or in kind tips from any concerned party or related to the department or has an interest with the department during his appointment, unless it was within accepted normal criteria known for respect and appreciation..."

  46e: In law, there are requirements for the independent auditing of the asset disclosure forms of senior members of the civil service.
 
Score: YES  NO score
  Comments:

References: Asset Disclosure Law #54/2006, Article #7, [ LINK ].

  46f: In practice, the regulations restricting post-government private sector employment for civil servants are effective.
 
Score: 100  75  50  25  0  score
  Comments: There are no such restrictions in legislation.

References: Civil Service Statute #30/2007, [ LINK ].

  46g: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.
 
Score: 100  75  50  25  0  score
  Comments: This bylaw (adopted by the government) neither specifies discrete borders between prohibited gifts and those within accepted standards, nor between bribes and gifts. Enforcement is virtually unheard of.

References: Civil Service Statute #30/2007, [ LINK ].

Peer Review Comments: Article 68 paragraph d of the Civil Service regulations states that an employee, under the liability of punitive penalty, is prohibited from doing any of the following: ... d) use his position for personal gain or third party gain who has no right to receive such gain; or to accept or request any financial or in kind tips from any concerned party or related to the department or has an interest with the department during his appointment, unless it was within accepted normal criteria known for respect and appreciation..."

  46h: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.
 
Score: 100  75  50  25  0  score
  Comments: There are codes of ethics governing this issue; however, they are usually not followed.

References: Interview with Dr. Mohamad Thnebat, former minister of Administration Development, Amman Jan. 10, 2009.

Interview with Abed Shakhanbeh, Head of the Anti-Corruption Commission, Amman, ACC, Jan. 4, 2009.

  46i: In practice, civil service asset disclosures are audited.
 
Score: 100  75  50  25  0  score
  Comments: These disclosures are audited by a judicial council only upon request of a court that is pursuing an active case. Such a request has not been made since the law regarding the disclosure of assets was adopted.

References: Phone interview with Hussein Alkhlayleh, authorized officer of the Asset Disclosure Department, Jan 7, 2009.

Asset Disclosure Law #54/2006, Articles #5 and #7, [ LINK ].

47 Can citizens access the asset disclosure records of senior civil servants?
 
  47a: In law, citizens can access the asset disclosure records of senior civil servants.
 
Score: YES  NO score
  Comments:

References: Asset Disclosure Law #54/2006, Article #7, [ LINK ].

  47b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: By law, citizens cannot access the asset disclosure records of senior civil servants.

References: Asset Disclosure Law #54/2006, Article #7, [ LINK ].

  47c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: Not applicable.

References: Asset Disclosure Law #54/2006, Article #7, [ LINK ].

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