2018-04-26

West Bank and Gaza Strip

West Bank / Gaza

MUSAWA’s Input at the Sixth Ministerial Conference of the Arab Network for Integrity and Anti-Corruption, Held in Iraq:
“Combatting Corruption to Protect the Security of Humans and the Community”

MUSAWA’s Input at the Sixth Ministerial Conference of the Arab Network for Integrity and Anti-Corruption, Held in Baghdad

First: MUSAWA’s input in the workshop conducted on the first day of the conference, titled: “Preventing Impunity for Corruption Crimes”

In order to achieve the ultimate goal, there should be to begin with a clearly established political will that shows consistency between word and deed. Other aspects include the establishment of a modern and democratic political system founded on the principle of separation of powers; the establishment of a judicial authority that is characterized by its impartiality and independence, and which manifests these qualities through the enforcement of accountability as well as the enforcement of the law on grounds of equality, standing against all manifestations of the totalitarian regime; the reconsideration of the legislation which grant the executive authority the powers that would eventually hinder accountability and set the atmosphere for impunity, particularly in the case of legislation which regulates pardons and immunity; the promotion of the institutional structure of anti-corruption commissions, ensuring their independence by making legislative amendments which would give the people the power to define their establishment and their authorities, which would eventually put an end to the subordinate-based relations between those who are in control of the said commissions and those who work in it on the one hand, and the executive authority on the other hand; and the activation of the monitoring role of the Parliament on one hand and the promotion of the monitoring role of the CSOs on the other, with a view to keep the performance of the aforementioned commissions subject to observation and community-based accountability. It is implausible to speak of achieving all of this unless legal grounds are established for periodic general elections which shall be conducted with utmost transparency. The elections must be held with the force of the social contact, the Constitution, the Basic Law, or the law on a certain date and in a periodic manner (once every 4 years), without the need for any special measure to be taken. Furthermore, the President, King, or Prince shall no longer have the authority to call for the convening of elections. Instead, supervising the election process and making sure that it be held periodically is a responsibility that shall be assumed by the central election committees, which must be established on bases of integrity, impartiality, competence, and independence.

Finally, fundamental changes must be made to concepts that have been used to protect corruption rather than to combat it. An example is the concept of the rule of law. We suggest that this concept be changed into “the rule of equitable law”. It is well established that the purpose of any law or legislation is either to ensure a wider range of human right guarantees, including political and social inclusion, or to impose restrictions on these rights. Naturally, the latter would serve as an embodiment of a system of acquisition, exclusion, individuality, and hegemony, where minorities and the opposition are denied their equal rights, depriving them of the opportunity to become a majority. In order to prevent this, the principle of the rule of law shall be manifested through a concept that could be used to combat corruption. At the end, the law must serve as a tool for the protection of rights and inclusion, which shall be recognized as the rule of equitable law. Another example is the concept of the independence of the judiciary, which can also be interpreted in two different ways: the first one aims at turning the judicial authority/justice system into something like a private farm or an unapproachable closed box, which sets the atmosphere for the dictatorship of the judiciary, and even contributes to the “mating” of interests between those who are in control in the judiciary on one side and the executive authority and security service on the other side. In such a context, corruption will continue spreading rather than being combated. Therefore, it is highly important that a distinction be drawn between the administrative and institutional work of the justice system on one hand, which should be subject to legislative as well as community-based observation and accountability, and the independence of those who hold senior titles in the justice system in terms of their professional performance in adjudication, which must be maintained by prohibiting any interferences whatsoever, be it from inside or outside the justice system.

Second: MUSAWA’s notes on the closing statement

MUSAWA gave two comments on the closing statement. First, the statement should refer to the current state of anti-corruption in the Arab countries, and it should express the dissatisfaction of the participants in the conference with that situation, in addition to pointing-out their demands to activate accountability tools at the political, legislative, and cultural levels. Second, the statement should affirm the right of citizens to choose their leaders through the obligation to hold general elections periodically without any hindrance, given that this is a prerequisite for effective combating of corruption.