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A Comparative Study of Jordanian Anti-Corruption Law & the UN

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A Comparative Study of Jordanian Anti-Corruption Law & the UN A Comparative Study of Jordanian Anti-Corruption Law & the UN Convention against Corruption Kholood Sami Aloran A thesis submitted to The University of Gloucestershire In accordance with the requirements of the degree of Doctor of Philosophy In the Faculty of Business, Education and Professional Studies October 2017 1 AUTHOR’S DECLARATION NAME: KHOLOOD SAMI ALORAN TITLE OF THESIS: A Comparative Study of Jordanian Anti- Corruption Law & the UN Convention against Corruption. FIRST SUPERVISOR: Professor Davies Barry DEPARTMENT: Faculty of Business, Education and Professional Studies I certify that I am willing that this thesis be made available for consultation in the University of Gloucestershire library and for inter-library loan use in another library. It may be copied in full or in part for any bona-fide library or research worker on the understanding that it is copyrighted material and that no quotation from the thesis may be published without proper acknowledgment. SIGNED DATE 4 /10/2017 2 ABSTRACT The present thesis addresses two questions, expressed broadly as: how comprehen- sively is the United Nations Convention against Corruption (UNCAC) embedded in Jordanian national law? and how readily do Jordanian courts apply the provisions of UNCAC? UNCAC is the first legally binding international anti-corruption instrument. In its 8 Chapters and 71 Articles, the UNCAC obliges its State Parties to implement a wide and detailed range of anti-corruption measures affecting their laws, institutions and practices. The Convention's far-reaching approach and the mandatory character of many of its provisions make it a unique tool for developing a comprehensive re- sponse to a global problem. The significance of UNCAC can be seen in the fact that by July, 2017 140 states parties had signed the convention. The questions are asked in the light of the need to combat corruption in the pursuit of countries‘ development, where its presence has long been seen as a major impediment. Despite Jordan‘s participation in drafting the Convention, some elements of the con- vention are still missing in Jordanian law. So for the first question, it can be seen that missing elements include bribery in the private sector; bribery of foreign Public Offi- cials and officials of public international organizations; trading in influence, and concealment. For the second question, it appears that Jordanian courts do not favour using UNCAC in coming to their verdicts, as Judges consider that Jordanian legisla- tion is enough to deal with corruption cases. A comparative approach between the Jordanian national law and the international treaty is initially adopted, incorporating (textual) analysis contrasting different ele- ments of national legislation in Jordan and UNCAC. A wide range of government documents and international organizations‘ reports are considered. This doctrinal style of research then leads to a second phase. Thirty face-to-face expert structured interviews were then conducted. The interviews examined opinion concerning the application of UNCAC‘s provisions by Jordan. This served to identify opinion on the strengths and challenges in current Jordanian statutes, and suggest the potential im- 3 pact that any statutory changes might have in reducing corruption in Jordan. The re- sults demonstrate a relatively high level of agreement amongst the experts concern- ing the current state of Jordan‘s law in relation to UNCAC. The research suggests that use of the law has potential to further reduce corruption in Jordan. This twin-track approach leads to insights into the nature of corruption offences in an Arab and largely Islamic context. The research provides guidelines for the imple- mentation of the UNCAC in Arab jurisdictions sharing elements of the Jordanian sit- uation. Consideration of the international review process provides insight into how such implementation might best be accomplished. The thesis contributes both to theory-building and practical understanding of how legislation may be used to combat corruption. 4 ACKNOWLEDGEMENT I thank mighty God for his mercies and kindness, without God's mercies, nothing would have been possible! I would like to express my gratitude to those who gave me the chance to complete this thesis. Specifically, Professor Barry Davies, my first supervisor, whose experience and skill have guided and advised me. He is a wonderful counselor who helped me to shape this thesis and taught me methods, which helped me in different ways to research the problem. I will be always very grateful and thank him deeply. I also would like to thank my colleagues at work. Without their expert guidance and opinion, I couldn't have completed this thesis. I am grateful to Dr. Philippa Ward, who facilitated my work and progress. Finally, I would like to mention my Mom whom I cherish and appreciate deeply. Her prayers are always around me. My sisters, Lana, Wesam, thank you, may mighty God keep and protect you. Lana you are the youngest but you are the greatest. I praise all my family, my husband and my children for being patient with me (Tarek, Hamzeh, and Leith). Thank you and God bless you all. 5 In the Name of God, the Compassionate, the Merciful. Corruption has appeared on earth and at sea because of what the hands of men have wrought; in order that God may make them taste the consequences of their actions; so that they might return. (Al- Rum, 41) بسن هللا الزحمه الزحين "ظهز الفساد في البز والبحز بما كسبت ايدي الناس ليذيقهن بعض الذي عملىا لعلهن يزجعىن " اﻵيت 14 سىرة الزوم 6 Table of Contents AUTHOR’S DECLARATION ............................................................................................................ 2 ABSTRACT .......................................................................................................................................... 3 ACKNOWLEDGEMENT ................................................................................................................... 5 TABLE OF CONTENTS ..................................................................................................................... 7 TABLE OF CASES ............................................................................................................................ 10 TABLE OF LEGISLATION.............................................................................................................. 11 ABBREVIATIONS............................................................................................................................. 13 CHAPTER ONE: INTRODUCTION .............................................................................................. 15 1.0 INTRODUCTION ........................................................................................................................... 15 1.1 RESEARCH GOALS ...................................................................................................................... 18 1.2 RESEARCH QUESTIONS ............................................................................................................... 23 1.3 STRUCTURE OF THE THESIS ........................................................................................................ 24 CHAPTER TWO: LITERATURE REVIEW & IMPLEMENTATION INTRODUCED ........... 26 2.0 INTRODUCTION ........................................................................................................................... 26 2. 1 THE IDENTIFICATION OF CORRUPTION ....................................................................................... 26 2. 2 HISTORICAL REVIEW OF CORRUPTION IN JORDAN ...................................................................... 30 2. 3 CURRENT PERSPECTIVE ............................................................................................................. 36 2. 4 THE IMPACT OF CORRUPTION IN JORDAN ................................................................................... 38 2. 5 THE IMPORTANCE OF FIGHTING CORRUPTION IN JORDAN ........................................................... 44 CHAPTER THREE: METHODOLOGY ........................................................................................ 46 3.0 INTRODUCTION 46 3.1 DESCRIPTION 47 3.2 DOCTRINAL METHODOLOGY ...................................................................................................... 49 3.3 JUSTIFICATION ............................................................................................................................ 55 3.4 STRUCTURED INTERVIEW ........................................................................................................... 60 3.5 CODING: ..................................................................................................................................... 61 3.6 PROBLEMS OF RESEARCH METHODOLOGY ................................................................................. 69 CHAPTER FOUR ANTI- CORRUPTION COMMISSION & THE UNITED NATIONS CONVENTION AGAINST CORRUPTION ................................................................................... 71 4.0 INTRODUCTION ........................................................................................................................... 71 4.1 OVERSIGHT BODIES IN JORDAN .................................................................................................. 72 4.1.1 ANTI- CORRUPTION COMMISSION .......................................................................................... 81 4.1.2 AUDIT BUREAU .....................................................................................................................
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