Middle East & North Africa

Issue 8 September 2015 Middle East & North Africa Corruption in the MENA Region: Between Discourse and Reality Osama Diab 10 Abdessamad Saddouq 25 Ansar Jasim 31 The Mubarak Regime: No Corruption The Fight Against Corruption: A Battle Promised, The Malice of Power: Arrests in Syria as Part of Committed, or no Justice Delivered? but Never Fought a Politico-Economic Rationale Editorial Contents Editorial 1 The fight against corruption in the MENA stage, we thought it is time to shed some light region has gone through several ups and on the evolution of this issue in the MENA Acknowledgements 2 downs. Prevention, awareness and purification region. The first article, derived from a study campaigns aiming to eradicate endemic or of Transparency International, provides an Political Corruption in the MENA Region 3 systemic corruption have had very little impact. overview on political corruption in the MENA Transparency International The political will and the good intentions region, while issuing key recommendations The Mubarak Regime: No Corruption Committed, or no Justice Delivered? 10 formulated in speeches and conferences to overcome this issue. Following that, Osama Osama Diab during the democratic transitions referred to as Diab’s article explains how several cases of The Politics of Corruption in Palestine 14 the “Arab Spring” have hardly born results. On corruption were handled by the Egyptian Tariq Dana the contrary, in a phase of restoration of the judiciary since the fall of the Mubarak regime. The Environment, Main Collateral Damage of an Unusual Level of Corruption 18 old regimes, corruption continues to be a real Tarik Dana’s article portrays the corruption of Suzanne Baaklini impediment to the progress of our countries the political elite in the Palestinian Authority. The Fight Against Corruption: A Battle Promised, But Never Fought 25 towards democracy and socioeconomic Lebanese journalist Suzanne Baaklini Abdessamad Saddouq development that can offer living conditions explains how environmental degradation has The Generator Mafia Shatters the Citizens’ Dream in Zahle 28 that respect human rights and human dignity become a major collateral damage of a high Noor Baalbaki in a healthy and unpolluted environment. level of corruption. The Malice of Power: Arrests in Syria as Part of a Politico-Economic Rationale 31 The countries of the MENA region Abdessamad Saddouq talks about the battle Ansam Jasim continue to suffer, to different extents, from announced but never delivered for a genuine Corrupted Still? Four Years After the Revolution, 37 the existence of corrupt practices that prevail fight against corruption in Morocco. Our Ex-Regime Assets Remain Contentious in Tunisia on a large scale within both private and public colleague from the office of the Heinrich Böll Legal Agenda sectors, as demonstrated by the Corruption Stiftung in Lebanon, Noor Baalbaki, sheds light Illicit Enrichment 42 Perceptions Index (CPI) that ranked the MENA on the scandalous management of electricity Michèle Zirari countries in 2014 between 55 (Jordan) and by the state in Lebanon. Muneira Hoballah The Obligation of Public Information: A Means to Fight Corruption 48 the 170 (Iraq). This reflects the enormous has a closer look at the Lebanese Hip Hop and Okwe Ndong Vincent difficulty faced by the region to implement how it addresses the issue of corruption. Ansar Lebanese Hip-Hop Artists (And Everybody Else) Rapping About Corruption 53 effective reforms in the fight against corruption, Jasim discusses how arbitrary arrests in Syria Muneira Hoballah although some countries in the region have are ever more related to a macabre practice of ratified international conventions that provide corruption under the regime of Bashar al-Assad. a legal framework and a common strategy The Tunisian journalist Hnai J’mai explains how geared towards this goal. However, they are property confiscations after the revolution in hardly translated into national legislation and Tunisia had transformed into state burden and the few existing or hastily-made national legal portfolio of corruption. We conclude with two initiatives often remain ineffective against articles from Morocco written by Michèle Zirari illegal practices such as illicit enrichment, Devif and Okwe Ndong Vincent comparing conflict of interest and insider trading. respectively illicit enrichment and the right of Some countries do have a legal arsenal access to information, two fundamental pillars that criminalizes most forms of corruption. of the fight against corruption, to international Nevertheless, impunity and special privileges norms. make those laws ineffective in the absence of The articles are illustrated with cartoons by sincere political will and practical strategies. activists and artists from the MENA region. Four years after the “Arab Spring”, when Bente Scheller, Dorothea demands to eradicate corruption took center Rischewski, Joachim Paul & René Wildangel 2 Acknowledgements Political Corruption in the MENA Region 3 Acknowledgements Political Corruption in the MENA Region Transparency International The Heinrich Böll Stiftung North Africa Rabat The nature and manifestations of political In order to contribute directly to the office would like to thank all the people who corruption differs from one country to another. democratic process, sought by the anti- have kindly accepted to contribute to this However, in all cases it translates into corruption corruption movements and activists, which magazine, dedicated to corruption in the MENA acts committed by a specific ruling class and revolves around the basic principles and region. individuals, politicians, leaders of political provisions of the constitutions of Arab We particularity would like to thank: parties, and members of government (ruling countries, and to avoid the return of political • Our colleagues at the Heinrich Böll Stiftung elites), regardless of their political affiliations corruption, Transparency International chapters offices in Lebanon, Palestine and Tunisia and or positions. Political corruption is when in the region took the initiative to prepare an for their active participation, this “Elite” group of individuals colludes to: analytical diagnostic report that have examined • The team of Transparency Morocco, exploit their position of power to influence manifestations of political corruption in six Arab partner of the Heinrich Böll Stiftung North decisions, policies, and legislations to their favor countries: Palestine, Morocco, Yemen, Egypt, Africa Rabat office, who have ensured the whether it is for personal interest, or to support Tunisia, and Lebanon. The results of this report coordination and the monitoring of this loyalists, obtain illicit gain for personal wealth, have led to the following conclusions and publication, enhance personal financial and social status, or recommendations: • Transparency International, Osama Diab, fund election campaigns. It is also when one Tariq Dana, Suzanne Baaklini, Abdessamad facilitates obtaining and legalizing bribery in Saddouq, Noor Baalbaki, Ansar Jasim, Hnai return for granting the use or possession of First: The Principle of J’mai, Michèle Zirari, and Okwe Ndong state land, or for granting contracts, privileges, Separation of Powers Vincent, Muneira Hoballah and The Legal permits, licenses, or trade agreements. Such Agenda for their valuable contributions, actions and behavior transform the public Despite the existence of constitutions that • As well as all the artists cartoonists who treasury into personal bank accounts for this include reference to the principle of the have generously participated in enriching elite group, including excessive spending on separation of power, implementation of this publication. personal recreation activities and smuggling this principle is ineffective. In that regard, in of public funds abroad to bank accounts and or most of the countries covered in this report, investments. what emerged was the following: absence of This report was prepared in partnership with: Political corruption is also often balance in the distribution of powers between • The Lebanese Transparency accompanied by arbitrary use of authority authorities; predominance of the executive Association against powers granted to other parties of the authority (king or president) over the legislative • Moroccan Association for Combating Corruption - political system. This is done with the purpose and judicial authorities; exclusion of the head Transparency Morocco of achieving gains and interests that differ from of the executive authority and officials of • I Watch Organization - those that the power was granted to in the first subordinate institutions from accountability; Tunisia • Yemani Group for place, hence becoming a totalitarian regime that and re-election of the ruler for life, which Transparency and Integrity controls the details and positions of decision converted the ruler into an icon for resistance • The Coalition for making at the political and economic levels. In where partners in the ruling class seek his Accountability and Integrity - Aman - Palestine addition, this regime and its decisions are not blessings and protection, where all became • Egyptians Without Borders subject to any legal or popular accountability or immune against being held accountable, not (EWB) This report was prepared within external monitoring and control. This is mainly to mention that the principle of separation of the context of a project in the Arab due to: immunities granted,

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