Ramallah: Human Rights and Democracy Media Center “SHAMS”, in collaboration with Friedrich Naumann Foundation “FNF” conducted a seminar entitled (towards enhancing official and social accountability to combat corruption). This meeting is part of a project implemented by “SHAMS” and “FNF” in the West Bank governorates pertaining to the basics of good governance in the public sector. Dr. Mustafa Abdul-Baqi, the researcher, the expert in criminology and the Law instructor at Birzeit University commenced the meeting and welcomed the attendees. He stressed the importance to come up with findings and recommendations to contribute to assisting decision-makers. Dr. Abdul-Baqi also presented the themes to be addressed by the meeting with emphasis on the applied laws and its agreement with UNCAC.
Lawyer Bilal Barghouthi / legal consultant for “AMAN” organization presented working paper on the Palestinian legislations related to fighting against corruption. He mentioned that legislations play a key role in combating crimes. Including the Basic Law, organic Law, Emergence Law, by-laws, regulations, instructions and organizational decisions. By virtue of the legal rule (No crime and no punishment except by law) which criminalizes actions and practices related to corruption or represent its forms. This rule exclusively determines sanctions on the perpetrators, which contribute to enhancing deterrence system for those whose conscience and morality are not enough to stop them. Moreover, the rule also contributes to setting rules and regulations to manage the public affairs, and explains principles to be aided by.
Barghouthi stressed that the analytical paper addresses the role of Palestinian legislations and efficiency in strengthening principles of integrity, accountability, transparency and combating corruption in Palestine in three main themes:
1. A brief description and diagnosis for the applied Palestinian legislations pertaining to fighting corruption in Palestine divided in its preventive and penal sides.
2. Analyzing compliance between the applied Palestinian legislations with United Nations Convention against Corruption (UNCAC).
3. Analyzing the major obstacles and comments on the Palestinian laws in particular the decision about combating corruption of 2010, and the main amendments to be addresses on such legislations.
He added that despite the Palestinian legislations are strong and modern in terms of concepts or regulations, and being complied with international standards as well as best practices. But, conducting a short-term evaluation for the system especially the decision about combating corruption of 2010, will indicate the obstacles which hinder purchasing corruption crimes effectively.
Furthermore, he explained that Palestinian legislations varies in fighting against corruption of tackling its consequences. Some criminalizes corruption actions and punishes its perpetrators either by criminal sanctions like Anti-Corruption Laws, Penal Codes, illicit enrichment and money laundering. While the rest punishes with punitive administrative sanctions like Public Service Law (civil and military). It is worth noting that some legislations explains rules and regulations pertaining to management of the public affair, for the purpose of enhancing a strong anti-corruption and clean environment.
Despite the fact that State of Palestine signed the UNCAC in April of 2014, and came into force following one month of signing however, the conventions hasn’t been adopted as a national law or published in the Palestinian newspapers yet. As constitutionally followed by other countries, which gives a space for wondering on the serious adherence to the UNCAC regulations and the possibility to objection before Palestinian judiciary.
At the end of the seminar, participants recommended the need to have accordance between Palestinian legislations with UNCAC. Additionally, to expand the scope of protection provided by the law to public money, and to enhance the capacity to follow corrupters. In addition to reinforce the capacity of the specialized judiciary to fight against corruption, to strengthen the independence of Anti-Corruption Commission and to promote the issue of reporting corruption and protecting the reporters.