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2008 Assessment

Yemen: Integrity Indicators Scorecard

Yemen: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators   Score
74 Is there an agency (or group of agencies) with a legal mandate to address corruption? 100
75 Is the anti-corruption agency effective? 42
76 Can citizens access the anti-corruption agency? 25

Indicator and sub-Indicator Details

74 Is there an agency (or group of agencies) with a legal mandate to address corruption?
 
  74: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?
 
Score: YES  NO score
  Comments: Law No. 39 primarily creates and stipulates the role of the Supreme National Anti-Corruption Committee (SNACC).

Note the President of the Republic, by law, is no longer chairman of the Supreme Judicial Council .

COCA is under under the Office of the President of the Republic and reports to the Director of the Office of the Presidency.

References: Republican Decree of Law No. 39, 1992, Central Organization for Control and Auditing (COCA)

Law No. 39, 2006 Concerning Combatting Corruption

Decree of the President of the Republic, chairman of the Supreme Judicial Council No. 3, 1996, Concerning the Establishment of the Public Property/Funds Courts

Law for the Establishment of the Public Property Prosecution

75 Is the anti-corruption agency effective?
 
  75a: In law, the anti-corruption agency (or agencies) is protected from political interference.
 
Score: YES  NO score
  Comments: The Supreme National Anti-Corruption Committee (SNACC) is theoretically an independent entity that "carries out its duties with complete independence and neutrality without any interference from anyone or any entity, the latter of which is deemed to be a crime punishable by law.

Public property is under the Judicial Authority, which is theoretically independent now, as the Supreme Judicial Council is chaired by the chariman of the Supreme Court.

COCA is still under the control of the president's office, and it is the entity more qualified to undertake investigative work on corruption.

References: Law No. 39, 2006, Concerning Combating Corruption, Article 15

  75b: In practice, the anti-corruption agency (or agencies) is protected from political interference.
 
Score: 100  75  50  25  0  score
  Comments: The Supreme National Anti-Corruption Committee (SNACC) is theoretically an independent entity that "carries out its duties with complete independence and neutrality without any interference from anyone or any entity, the latter of which is deemed to be a crime punishable by law," according to the Anti-Corruption Law. But since its establishment, it has not brought any significant cases to the indictment stage, let alone the sentencing stage. There are no known cases that are heading in that direction. Thus, one cannot determine the extent of its protection from political influence, as it has yet to test the extent of its mandate accordingly. Public Property/Funds Prosecution and Public Property Courts have taken some disciplinary and legal actions against some suspected lower-level members of the bench.

The remarkable phenomenon is that the Central Organization for Control and Auditing (COCA) is actually trying to get corruption cases to the courts and succeeding, even though it is the least independent of all the anti-corruption agencies. The results achieved after that are beyond COCA's control.

References: [ LINK ]

[ LINK ]

  75c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.
 
Score: 100  75  50  25  0  score
  Comments: Article 11 states that membership in the Supreme National Anti-Corruption Committee (SNACC) may only be rescinded if the member commits a violation in the undertaking of his duties and only after a court ruling (after referral to the court by majority vote of the members of SNACC). It is not clear, however, what these violations would be.

An extensive search in various media channels (official, partisan and independent) and among acquaintances in the relevant government agencies provided no evidence of the head of an anti-corruption agency being axed for his actions, for the simple reason that there none of them have made any significant moves to test the limits of their "mandates.

References: Anti-Corruption Law No. 39, 2000, Article 11

Various media reports

Peer Review Comments: So far, no chairman or any member of the Supreme National Committee for Combating Corruption has been removed without relevant justification.

  75d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.
 
Score: 100  75  50  25  0  score
  Comments: The Supreme National Anti-Corruption Committee (SNACC), Central Organization for Control and Auditing (COCA) and the Public Property Courts all have highly qualified senior staff.

Initiation of SNAPP members appointments starts with the Consultative Assembly, the membership of which itself is fully by presidential appointment. The second source, although dated, and the researcher personally testify to the diligent efforts of the former deputy chairman of COCA, interviewed in the article, to challenge the extent to which holds sway over the public-service sector. He was dismissed for this diligence, a fact that will not fade in the memory of current appointees to sensitive positions in any of the anti-corruption agencies, especially COCA.

The third source notes: "At the end of June, the Yemeni Parliament, after more than two months of scrutiny, has approved the board members for the Supreme National Anti-Corruption Committee (SNACC) from the list of candidates proposed by the Shura Council."

References: Anti-Corruption Law No. 39, 2000, Article 11

[ LINK ]

[ LINK ]

  75e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.
 
Score: 100  75  50  25  0  score
  Comments: The Supreme National Anti-Corruption Committee (SNACC), the Central Organization for Control and Auditing (COCA) and the Public Property Courts all have support staff, but employees often lack adequate training. COCA is attempting to ensure a fair and transparent selection process for choosing its support staff.

"The authorities have embarked on an extensive set of structural reforms since early 2006, although outcomes have yet to materialize. These reforms cover areas such as governance, public financial management, civil services administration and the general investment climate. The formation of SNACC was finalized when Parliament gave its approval to the selected board members." From third source

References: Anti-Corruption Law No. 39, 2000, Article 11

[ LINK ]

[ LINK ]

  75f: In practice, the anti-corruption agency (or agencies) receives regular funding.
 
Score: 100  75  50  25  0  score
  Comments: The souce above states that the Supreme National Anti-Corruption Committee (SNACC), "under the new anti-corruption legislation, is an autonomous body with an independent budget" that is included in General State Budget.

It is too early to judge how SNACC's work impacts its budgets, which are almost guaranteed to be sustained, since civil service employees salaries continue even if the employee has commited a felony.

References: [ LINK ]

2007 and 2008 Budgets

  75g: In practice, the anti-corruption agency (or agencies) makes regular public reports.
 
Score: 100  75  50  25  0  score
  Comments: The first and second sources underscore the poor transparency existing in corruption-related cases.

"The Yemeni institutional infrastructures that are responsible for fighting and preventing corruption have been characterized by a serious crisis of responsibility. In addition, this framework faces many obstacles and a lack of transparency and accountability in its structure and level of administration. Building transparent and accountable institutions for preventing corruption is a fundamental starting point for developing good governance and fighting corruption in Yemen."

"The law requires a degree of transparency and public access to information, and the Press and Publications Law provides for journalists to have some access to government reports and information; however, in practice the government offered few procedures to ensure transparency. In August 2006 Parliament passed a law requiring public disclosure of government officials' assets, and the Supreme National Anti-Corruption Committee (SNACC) worked to implement this during the year. The government provided limited information on Internet sites; however, few citizens had access to the Internet.

The relevant stipulations in the pertinent legislation of these agencies and other related laws further reinforce the imitations of public access to most of the work of the ombudsman agencies.

References: [ LINK ]

[ LINK ]

Relevant legislation

  75h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.
 
Score: 100  75  50  25  0  score
  Comments: "The Supreme National Anti-Corruption Committee (SNACC) has powers to investigate and refer to prosecution cases of corruption in all levels of state officials, including legislative and judiciary authorities. It also has powers to cancel contracts deemed to be corrupt and detrimental to the good of the state, as well as to seize and repatriate proceeds from corruption.

SNACC is the first anti-corruption authority of its kind in the Middle East. From first source

It appears that rather minor, insignificant cases are attracting the attention of SNACC. One example is a case of bureaucratic red tape rather than one of "big" corruption, which is what SNACC was expected to deal with. While not dismissing the strong possibility of corruption in smaller cases, there are surely more areas of bigger corruption that SNACC should take on if any seriousness/sincerity is to be reflected in its work. From second source

References: [ LINK ]

[ LINK ]

  75i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.
 
Score: 100  75  50  25  0  score
  Comments: Institutions that deal with corruption during the investigation: The Central Organization for Control and Auditing (COCA), Public Prosecution for Public Funs (public property cases), Supreme Judicial Council (for cases involving judges and prosecutors) and Ministry of Finance, for checks and control of finance affairs.

SNACC, according to the Anti-Corruption Law, is also empowered to initiate investigations of public property/corruption cases. It is most likely, however, that COCA will undertake the investigative work for SNACC, in view of COCAs experience and resources (specifically, qualified manpower). While the researchers personal experience with COCA demonstrates diligent investigative work and meaningful conclusions, the following would indeed present a problem in making the work as effective as it should be in terms of indictment, prosecution and penalization: The Central Organization for Control and Auditing (COCA), as an anti-corruption watchdog, in practice is not an independent body. It is answerable to the president and presents its report to Parliament once a year. It has been monitoring government revenues, spending, procurement and performance. But its reports are either not taken into account or are being used to blackmail government officials.

While SNACC has reported that many cases have been designated for its perusal, no reports yet exist of any major corruption cases being prosecuted or tried.

References: [ LINK ]

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[ LINK ]

76 Can citizens access the anti-corruption agency?
 
  76a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: The judiciary has been the most apparent area where corrupt or incompetent officials are being subject to some disciplinary measures: "According to Farwan, more than 42 Yemeni judges were investigated last year. Some were given oral notice while others were dismissed." From first source

"Only low-ranking officials have been prosecuted for corruption since the inception of the Central Organization for Control and Auditing (COCA). The actual number of corruption cases was generally considered to be significantly higher than what was reported by COCA." From second source

References: [ LINK ]

[ LINK ]

  76b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.
 
Score: 100  75  50  25  0  score
  Comments: "The first involves preventive measures to minimize the chance of corruption. The second is investigation of reported cases of corruption, and the third is education and raising awareness among the citizenry about their rights and obligations under the new legal framework."

It is unrealistic to expect citizens to be able to determine where there is a case of corruption, since very little is publicly revealed about government operations. The people who are aware of their rights are few and far from any knowledge of what is right and wrong in the doings of government.

"The government body said it had received 71 complaints during the second quarter of 2008, noting that it is completing investigations in nine corruption cases, including irregularities related to biddings and bids, forgery offenses and the seizure of public funds and properties, as well as tax and customs evasions."

References: [ LINK ]

[ LINK ] (official News Agency)

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