| 74 |
Is there an agency (or group of agencies) with a legal mandate to address corruption? |
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74:
In law, is there an agency (or group of agencies) with a legal mandate to address corruption?
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| Score: |
YES |
NO |
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Comments: The Central Agency for Prevention of Corruption was established in April 2007. Its chairman was appointed by the king in August 2008. The members of this body have not yet been selected.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Agency for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007).
Peer Review Comments: The mandate of this agency is limited to the prevention of corruption.
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| 75 |
Is the anti-corruption agency effective? |
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75a:
In law, the anti-corruption agency (or agencies) is protected from political interference.
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| Score: |
YES |
NO |
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Comments: The Central Agency for Prevention of Corruption was established under the prime minister. Its missions in the direction of government vary between dealing with proposals and making suggestions as well as monitoring and evaluating measures taken by the government and judicial authorities regarding information.
It is also responsible for collecting all information related to corruption and managing a database with this information. The operating funds and equipment allocated to the the agency come from the prime minister's budget.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Instrument for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007).
Peer Review Comments: The authorities support this political interference by naming different personalities of the press syndicate and some other representatives of professional associations. They are included in the Central Agency for Prevention of Corruption in their own names.
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75b:
In practice, the anti-corruption agency (or agencies) is protected from political interference.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The agency has not yet started its activities. Its chairman was appointed by the king in August 2008.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Instrument for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007).
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75c:
In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The agency has not yet started its activities. Its chairman was appointed by the king this year. Legally the chairman's term is six years.
The king has broad powers, but in practice such appointed agencies it is rare to find one that would have the leader removed from office.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Instrument for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007).
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75d:
In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There are no pre-defined criteria for selecting members.
The agency members include a president appointed by the king for a term of six years, a board whose members have a four-year, renewable term. It includes the president of Diwan Al Madhalim (ombudsman), 16 members appointed by various governmental authorities, 10 members from professional bodies and trade unions, and 13 associate members appointed by the prime minister and chosen for their civilian activities, such as teaching or research related to the theme of corruption.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Instrument for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007).
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75e:
In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: For the rest of 2008, it is clear that the agency has no staff.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Instrument for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007).
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75f:
In practice, the anti-corruption agency (or agencies) receives regular funding.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Working in the area of prevention, and with the task of formulating proposals and opinions, the Central Agency of Prevention Corruption has not had problems with funding. However, not having its budget independent may mean it can not easily meet its goals.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Instrument for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007).
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75g:
In practice, the anti-corruption agency (or agencies) makes regular public reports.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Under Article 6, Central Agency of Prevention Corruption presents to the prime minister an annual report on the status of prevention of corruption from the results of its work and recommendations.
The members of the agency should disseminate the report to the minister of justice and can publish any studies, opinions or proposals relating to the prevention of corruption.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Instrument for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007). Article 6
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75h:
In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Under Article 14 the Central Agency of Prevention Corruption should have no problem collecting information.
The article says, "The government departments and local governments are required to submit to Chair of the Central Agency at its request and within the proper timeframe any documents or information necessary to fulfill the mission of that department in accordance with the laws and regulations in force ."
But the absence of a law on access to information, means the definition of information may come into dispute.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Instrument for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007). Article 14
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75i:
In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The Central Agency of Prevention Corruption has no mandate to conduct investigations or inquiries.
However, since it is responsible for collecting information and informing the court on facts relating to bribery cases, the agency must work closely with the investigators.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Instrument for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007).
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| 76 |
Can citizens access the anti-corruption agency? |
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76a:
In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The Central Agency of Prevention Corruption has done no work to this because of its recent formation.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Instrument for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007).
Peer Review Comments: The agency will not act on complaints.
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76b:
In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The Central Agency of Prevention Corruption has done no work to this because of its recent formation.
References: Decree No. 2-05-1228 of 23 Safar 1428 establishing the Central Instrument for the Prevention of Corruption (ICPC). (B.O. No. 5514 of 5 April 2007).
Peer Review Comments: It is not the task of this agency to receive complaints.
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