The Seventh Annual Conference and General Meeting of the International Association of
Anti-Corruption Authorities (IAACA) - Panama from 22-24, November, 2013
Corruption in the MENA Region / Striking Tigers Instead of Files
Prepared & Presented by Roger Khoury
Introduction
The Middle Eastern and North African regions have been experiencing the dark side of
corruption for decades. Today we can see not only how the historical context and
distinctions of this region have allowed corruption to thrive, but also how the suffering from
corruption was one of the major sparks for the recent uprisings in the MENA region. The
initiatives being made are admirable and important, but I would like to close by stressing
some key recommendations that are imperative for fighting corruption in the MENA region.
Without addressing the system itself, punishing the individuals can only go so far. Swatting
at flies around the garbage will not get rid of the garbage itself.
1. Corruption As A Trigger
The rise of the Arab Spring saw the civil society’s fading tolerance for corruption and the
growing gap between the rich and the poor. The public wanted to claim the benefits they
finally realized they deserved, especially since many of these countries had believed that a
country’s resources belonged to the government itself. In the past, citizens allowed the
leaders to distribute the wealth based on a rewards system, but they slowly found themselves
impoverished without basic human rights.
Corruption was a key complaint amongst activists during the Arab spring. The public was
angry that so many years of complacency with their government had left the civil society
with little to show. The civil society began to see that the presence of corruption inhibits
human development and diverts the resources of a country for the benefit of those in power.
Unfortunately, few Arab countries have seen significant improvement after the Arab Spring,
and opinion polls show that the perception of corruption has worsened in many countries.
While one might think that transitioning countries like Libya, Tunisia, and Egypt, might have
hope to combat corruption after rejecting the corruption of past regimes, they have even
more risk of corruption due to the lack of infrastructure and an absence of a checks and
balances system. Replacing a governmental system takes time, and while this time passes, the
path of government expenditures are almost impossible to trace.
2. Causes of Corruption
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The prevalence of corruption in the MENA region can be attributed to two main factors.
Firstly, there is complete absence of accountability in the governmental systems put into
place. The defense and security establishments have little to no accountability, and obviously
there is very little will to prevent corruption from above. All of these things: weak
institutions, a lack of revenue transparency with excessive secrecy, no way to report
corruption, deficient legislative committees to inspect the defense systems, together make
corruption inevitable. This paired with the second factor, the lack of voice and citizen
engagement, lead to an unbalanced system. Often, there are restrictions on public debate and
civil society freedom, a lack of freedom of the press, and an overall absence of civil society
activism. Citizens are also kept in the dark as to governments’ expenditures; with neither
knowledge nor a voice, they are crippled. The current state of the MENA region in general,
including instability and insecurity with sporadic extreme oil wealth, also add to the
likelihood of corruption.
Accountability is recognized as one of the most important aspects to good governance, and
while generalizations are difficult and dangerous to make, this is one commonality among
the countries in the MENA region. With deficient accountability mechanisms, both
internally and externally, it is of little surprise that these countries struggle with corruption.
In fact, the lack of accountability came organically to the MENA region, as the threat of war
outside and inside its borders, required that the military remain strong and solid, without
allowance to be shaken. Such a strong force, as is reflected in the case of Egypt, was kept as
the central part of the government; the forces stayed outside any oversight powers of the
public or any other legislative power, simply because it was built to be impenetrable.
As I mentioned previously, many of these countries have the commonplace belief that the
assets and resources of the countries actually belong to the government themselves, allowing
the leaders to distribute the wealth based on a rewards system. If the citizens themselves
believe they have no right to these resources and do not recognize any form of entitlement,
it is obvious the government is able to take advantage of their mindset. Finally, the wealth
from oil led countries to have unimaginable assets, allowing governments to increase
spending as they wished instead of reforming any governmental systems. In these cases,
corruption is almost encouraged, as the higher powers are able to control the industry itself,
from production and sales to revenues.
3. Recommendations
A number of recommendations can be made pertaining to companies and NGOs operating
within the region, as well as the governments of the countries themselves.
In terms of private corruption, companies may find success in:
1. Forcing their suppliers to put anti-bribery measures into place
2. Punish them should they not do so
3. Promote stronger values within family businesses
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As for public corruption, the brunt of the responsibility obviously lies on governments;
however, NGOs and International Organizations can often have significant effects in
fighting corruption. Organizations in the MENA region could possibly:
4. Pressure authorities to recuperate losses from corruption
5. Engage other countries in the process of returning assets
6. Demand publications of official government documents, including governmental
contracts
7. Begin investigations and hire prosecutors in order to recover funds
8. Lead discussions about ways to seize assets such as property, money, and vehicles
9. Ratify the UN Convention Against Corruption
10. Encourage peer-to-peer review, asking neighboring nations to play the role of a
watchdog.
Governments must first and foremost initiate the will to fight corruption. The government
must become proactive by implementing strict rules for offices and officials, including such
measures as were implemented in fighting corruption in Singapore, including:
1. A public officer cannot borrow money from any person who has official
dealings with him or her;
2. A public officer’s unsecured debts and liabilities cannot at anytime be more
than three times his or her monthly salary;
3. A public officer cannot use any official information to further his or her
private interest;
4. A public officer is required to declare his or her assets at his or her first
appointment and also annually;
5. A public officer cannot engage in trade or business or undertake any parttime employment without approval; and
6. A public officer cannot receive entertainment or present in any form from
members of the public.
Where there is a will, there is a way, are there are many concrete ways for a government to
fight corruption by looking closely at its causes: accountability and lack of citizen voice
and engagement. Governments of countries in the MENA region could discuss options to:
11. Increase transparency by:
a. Publishing fiscal accounts
b. Producing a “Citizen’s Budget” that tracks the major expenditures, revenues,
and public debt of the government
c. Observing domestic elections
d. Creating an online presence, giving online access to tax records, existing and
pending legislation, and traffic violations
e. Declaration of assets of public officers and servants
12. Avoid Opportunities for Corruption by:
a. Making administrative procedures more streamlined, effective, and
transparent
b. Reviewing public officials salaries on a regular basis
c. Having clear contracts that will be terminated if officials participate in bribery
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13. Create an Anti-Corruption Agency which:
a. Ensures its financial and administrative independence from police and
political control
b. Has considerable investigative powers
c. Properly investigates allegations of the misuse of public funds
d. Publishes yearly reports
e. Sets up a call center to receive and begin documenting reports
f. Includes both punishment of offenders as well as asset recovery
14. Reform the defense sector by:
a. Allowing access to information about budget and expenditures
b. Involving large public contracts
c. Incorporating a system of checks and balances through a strong legislative
power that oversees the defense system
15. Reform Laws including:
a. The Freedom of Information
b. Protection of Whistleblowers
Conclusion
It is undeniable that corruption was one of the main triggers of the Arab Spring, especially
looking backwards at how it has been entrenched in the history of the MENA region. The
causes of corruption are complex and deeply rooted and will undoubtedly take time to
reverse. The initiatives that have been taken by organizations and countries alike are hopeful,
but they are not enough. Of course the main players of corruption need to be indicted or
punished, but ousting them would only bring other players into their empty seats. Getting to
the root of the cause – changing the rules of the game, if you will, instead of merely
punishing the players – is essential to a system that can continue to fight corruption even
after the current leader is long gone. Only with significant governmental reform can these
kinds of changes be long-lasting, forever taking corruption out of the game.
-------------------------------------------------------------------------------------------Roger El KHOURY (Mr)
Arab Center for the Development of the Rule of Law and Integrity (ACRLI), Beirut | Lebanon .Website:
[www.arabruleoflaw.org] | [Phone: + 961 (01) 385040/1/2 –email: rkhoury@arabruleoflaw.org | Cell: [00961 3
409064] | [Skype: rogerkhoury]
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