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2008 Assessment

Yemen: Integrity Indicators Scorecard

Yemen: Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
48	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	25
49	Is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	0
50	In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?	38

Indicator and sub-Indicator Details

Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?

48a: In law, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: "The Authority guarantees legal protection for experts, witnesses and reporters, and its bylaws will define procedures for their protection." From Article 27

In none of the relevant laws is there any specific protection for civil servants. Note that the English version of the Anti-Corruption Law the Supreme National Anti-Corruption Committee (SNACC) website translates the article incorrectly: "... the Authority will secure ... .

References: Anti-Corruption Law No. 20, 2006, Combatting Corruption, Article 27, [ LINK ])

Financial Law No. 8, 1990 (with 1999 amendments)

Civil Service Law No. 19, 1991

48b: In practice, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: This protection is on the "agenda." There is no precedent, nor are there legal bases for such protection.

References: [ LINK ]

48c: In law, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: Law No. 20 gives the Supreme National Anti-Corruption Committee (SNACC) the right to summon public or private employees. Article 27 states that SNACC guarantees protection for reporters of corruption.

References: Law No. 20, 2006, Combatting Corruption, Article 27

48d: In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: There is no precedent.

References: Anti-Corruption Law No. 39, 2006, Article 27

Is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

49: In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

Score:

YES

Comments: The law does not set out a specific mechanism by which civil service employees can report corruption to the relevant authority. However the Anti-Corruption Law does establish the Supreme National Anti-Corruption Committee (SNACC), which is supposed to have its own office.

SNACC shall receive reports, complaints and "report tips" submitted to it. From Anti-Corruption Law. But, again, it is general and does not it does not specify civil servants or the "mechanism" to be used.

References: Anti-Corruption Law No. 39, 2006, Article 8, Item 5

Civil Service Law No. 19, 2006

In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?

50a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments: It is not clear how the Supreme National Anti-Corruption Committee (SNACC) is staffed, as the authority does not have an office. All that is publicly known now is that SNACC has nine permanent staff members, as Article 12 stipulates.

References: Anti-Corruption Law No. 39, 2006, Article 12

[ LINK ]

50b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments: "Supreme National Anti-Corruption Committee (SNACC) members were sworn in on July 4, 2007. The government has contributed budgetary resources for the agency." From second source

References: 2008 and 2009 National Budgets

[ LINK ]

50c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments: It is still not clear if these reported cases are producing concrete results of indictment, trial and punishment.

References: [ LINK ]

[ LINK ]

50d: In practice, when necessary, the internal reporting mechanism for public sector corruption initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: When irregularities are discovered, the agency/entity is aggressive in investigating the government or in cooperating with other agencies\' investigations. <p>50 Score Criteria: The agency/entity starts investigations, but is limited in its effectiveness. The agency/entity may be slow to act, unwilling to take on politically powerful offenders, reluctant to cooperate with other investigative agencies, or occasionally unable to enforce its judgments. <p>0 Score Criteria: The agency/entity does not effectively investigate. The agency/entity may start investigations but not complete them, may refuse to cooperate with other investigative agencies, or may fail to detect offenders. The agency/entity may be partisan in its application of power.$

Comments: It is not clear how genuine and realistic these reports are. The Supreme National Anti-Corruption Committee (SNACC) began functioning only in mid-2007. The scale score is given with some optimism.

References: [ LINK ]

[ LINK ]