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2008 Assessment

Yemen: Integrity Indicators Scorecard

Yemen: 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?	50
45	Is the law governing the administration and civil service effective?	28
46	Are there regulations addressing conflicts of interest for civil servants?	33
47	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?

44a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments: The laws and regulations apply to all public servants, including administrative employees at all levels, pubic enterprises\ employees and mixed sector units. Nevertheless, senior positions are mostly given to either relatives or loyalists, whose support is assured.

"The Constitution guarantees the rights of an independent civic sector, and for the most part the government allows civic organizations to conduct their work freely." From internal bylaws

References: Civil Service Law No. 19, 1991

Law No. 43, 2005, Concerning Employment, Wages and Salaries

Law for the Strategy of Salaries and Wages, 2006

Internal Bylaws for the Civil Service (Republican Decree No. 235, 2007), Article 14 (a), [ LINK ]

[ LINK ]

44b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments: They are not specifically stated but rather implicitly understood by "guarantees of equal opportunity." The Internal Bylaws say that "... an emplyee may not accept or use his (her) employment influence to obtain a benefit for himself/herself or others."

References: Civil Service Law No. 19, 1991

Law No. 43, 2005, Concerning Employment, Wages and Salaries

Law for the Strategy of Salaries and Wages, 2006

Internal Bylaws for the Civil Service (Republican Decree No. 235, 2007), Article 14 (a), [ LINK ]

44c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. The mechanism should be independent of their supervisors but can still be located within the government agency or entity (such as a special commission or board). Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: Article 105 states that a three-man (two senior officers of the unit and a member of the union or syndicate) committee be set up in each unit to look into objections of employee evaluations. Otherwise, as the second source states, "Public sector employees must take their grievances to court."

References: Civil Service Law No. 19, 1991. Article 105

[ LINK ]

44d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: There are no specific conditions for potential employees to be free of any charges of corruption, but there are implied statutes that a person should not have any shortcomings or have been involved in any previous proceedings.

References: Civil Service Law No. 19, 1991

Peer Review Comments: There is no specific article that stipulates a civil servant is prohibited a government post if convicted of corruption. Article 125 of the Civil Service Law for 1991 says a government employee convicted of corruption can be dismissed after a court decision.

Is the law governing the administration and civil service effective?

45a: In practice, civil servants are protected from political interference.

Score:

100

Comments: There is no real protection from interference. Such predicaments must be faced by conscientious civil servants: "When the law mentions the duties and prohibitions of employees, they come in general terms, and those terms can be interpreted in different ways that allow leaders to personalize those provisions and abuse them."

References: [ LINK ]

45b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: "Except for certain positions in Yemen's Foreign Ministry, no merit-based competitive selection process exists for civil service positions. Minister of Civil Service and Procurement Khalid Al-Su decided in September 2003 to suspend all employment procedures because of corruption and bribes taken by people in charge of the hiring process."

Many government appointments are made on the basis of which political party the candidate belongs to. However, for professional and technically oriented positions (middle level and under) selection might be based on qualifications, especially if the positions cannot be filled from among favored elements (family, tribe loyalists, etc.).

References: [ LINK ]

45c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: "Most appointments are not based on principles of efficiency."

One cannot fail to note the close kinship between holders of most of the leading senior managment positions and command positions in the military.

References: [ LINK ]

45d: In practice, civil servants have clear job descriptions.

Score:

100

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

Comments: The second source notes: "The government is working on a new wage system dependent on job descriptions within the organizational restructuring of government ministries and agencies." However, one worries that with the Minister of Civil Service who has worked on many aspects of the reform program, now out of office, implementation will be somewhat slow on the organizational side, while the monetary side will be rapidly implemented.

References: Salaries and Wages Law, 2005

[ LINK ]

45e: In practice, civil servant bonuses constitute only a small fraction 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: Extraordinary bonuses have become a common expectation, in addition to the on-the-job bonuses obtained for actual work accomplished. Whether for elections or on occasions such as holidays, the president has issued orders for monthly salaries (whole or partial) to be paid out to employees (sometimes three times a year).

References: Salaries and Wages Law, 2005

Salaries and Wages Strategy

Staff report for the 2007 Article IV Consultation Supplementary Information, [ LINK ]

45f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: The print editions of these newspapers often display vacant job listings, but rarely are jobs reported as filled.

The Ministry of Civil Service last June announced that it is selecting new employees to fill top management (division heads to section heads) on a competetive basis as part of the ministry's reform agenda, with the expectation that other ministries would follow suit. So far the "follow the leader" approach has not been enthusiastically received by the other line ministries.

References: Yemen Times

Yemen Observer (supported by General People's Congress)

Al--Thawra Newspaper (government supported)

Yemen Post

45g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: Employees react to the lack of effective redress mechanisms either by striking (sometimes with violence) or seeking ways to initiate more effective redress.

References: [ LINK ]

[ LINK ]

45h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: The postal service has done much to facilitate and speed up payment of salaries to government employees.

References: [ LINK ]

Peer Review Comments: Not all civil servants were paid on time. A lot of teachers in remote areas were paid 10 to15 days after of the actual day of receiving monthly salaries.

45i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: The source describes the case of a judge who lost his job after he ruled against military personnel accused of stealing land.

References: [ LINK ] - Arabic

Peer Review Comments: Government employees convicted of corruption are granted new posts, whether higher or lower than the ones they filled.

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

Comments: Everyone from the president down ot the lowest of middle managers must file a financial-disclosure declaration.

References: Law No. 39, Financial Disclosure Act, Article 4, [ 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

Comments: The law vaguely sets definitions for what constitutes circumstances when civil servants should recluse themselves from making policy decisions: "Promote transparency in public posts and prevent conflict of interest between public posts and employees; after-service regulations should be made to regulate or prevent employees from having personal advantages by practicing professional private activities directly related to the posts they used to hold or supervise during service."

References: Law No 39 for Combating Corruption, Article 21, [ LINK ]

Peer Review Comments: There are no specific requirements stipulated in the law.

46c: 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: Regulations are not there yet. Article 21 (c) touches on this: The Supreme National Anti-Corruption Committee (SNACC) "will study, assess and develop staffing systems in order to ... promote transparency in public posts and prevent conflict of interest between public posts and employees; after-service regulations should be made to regulate or prevent employees from having personal advantages by practicing professional private activities directly related to the posts they used to hold or supervise during service."

References: Constitution of the Republic, 2001

Anti-Corruption Law No. 39, 2006, [ LINK ]

Financial Disclosure Law 20, 2006

Civil Service Law No. 19, 1991

46d: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments: No provision regarding gifts and hospitality, or any other gratuity, can be found in any of the relevant llaws.

References: Law No. 20, 2006, Concerning Financial Disclosure, [ LINK ]

Law No. 19, 1991

Law No. 39, Concerning Combatting Corruption

46e: In law, there are requirements for the independent auditing of the asset disclosure forms of senior members of the civil service.

Score:

YES

Comments: "The right to look at Financial Disclosure Declarations, and the explanations, documents and procedures of their evaluation, is limited to the Supreme Anti-Corruption Committee and relevant "investigating agencies."

References: Law No. 39, 2006, Concerning Financial Disclosure, Article 12, [ LINK ]

46f: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: Article 30 specifically defines what constitutes "cases of corruption."

Article 21 (c) touches on this: SNACC "will study, assess and develop staffing systems in order to ... promote transparency in public posts and prevent conflict of interest between public posts and employees; after-service regulations should be made to regulate or prevent employees from having personal advantages by practicing professional private activities directly related to the posts they used to hold or supervise during service."

References: Law No. 39, 2006, Concerning Combatting Corruption, Articles 21 (c), 30

Law 19, 1991, Concerning Civil Service, Chapter 10

46g: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments: Almost all civil servants accept the hospitality of companies and organizations on their overseas missions, and thus avoid paying any expenses for hotels and restaurants, even though there are situations when this would be grounds for conflicts of interest. These civil servants keep the travel allowance the government gives them as supplementary income. Gifts are also accepted without any sense of ethical reckoning, especially at the turn of the new year, as business firms distribute their promotional gifts openly to government employees; more expensive gifts given to more senior employees.

Article 30 does not include this in the areas deemed to be areas of corruption. Nor is any mention made of this in the relevant sections of the Civil Service Law.

References: Anti Corruption Law No. 39, 2006, Article 30

Civil Service Law No. 19,1991, Chapter II, Section ii

Researcher's expertise

46h: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments: No clear definition exists in anti-corruption laws or the civil service code of when conflicts of interest are to be avoided, or how they should be avoided. No one has gotten out of making a serious public decision, even if it represented a conflict of interest. There was even an occasion when the researcher, while carrying out a financial evaluation of a large tender for a leading utility, was actually told to evaluate a certain company favorably (among 25 competing international companies). That company was actually ranked last and earned the least number of points. Despite failed efforts to get the evaluator to change his mind, the firm was still given two major components of the relatively large project. The contractor performed miserably, but no one was held accountable for this obvious lack of reclusion.

References: Law No. 39, 2006, Combatting Corruption

Law No. 20, 2006 ,Concerning Declarations of Financial Disclosure

Civil Service Law No. 19, 1991, Article 14 (c)

46i: In practice, civil service asset disclosures are audited.

Score:

100

Comments: There is no legal requirement for an independent audit of financial disclosure submissions, and none has taken place since the law was enacted. Only the Supreme National Anti-Corruption Committee (SNACC) may look at civil service employees' disclosure forms, and SNACC is not allowed to make them public.

References: Law No. 20, 2006, Financial Disclosure Declarations, [ LINK ]

Various media reports

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

Comments: Financial Disclosure Declarations can only be reviewed by the Supreme National Anti-Corruption Committee (SNACC) and "investigative bodies."

References: Financial Disclosure Act, 2006, Article 12

47b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: Article 12 allows only the members of the Supreme National Anti-Corruption Committee (SNACC) to review disclosure documents.

References: Financial Disclosure Act, 2006, Article 12

47c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: Article 12 gives only the Supreme National Anti-Corruption Committee (SNACC) access civil servants' disclosure.

References: Law No.. 20, 2006, Financial Disclosure Act, Article 12