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, as well as weakness powers does not exist as far as these officials are region led by AMAN, and under of parliaments, monitoring and or judiciary concerned. the supervision of Transparency International. The project is officials who are subordinate to the regime. funded by SIDA +UKFCO + German FO. 4 Political Corruption in the MENA Region Political Corruption in the MENA Region 5

Second: The Executive 4. Freedom of access to information: Authority The ruling class, in countries covered by the report, was devoted to the absence of the 1. Appointments in senior positions: right to access to information from the texts Most Arab countries have not adopted of constitutions and legislations. And in cases written and approved conditions and where there is legislations in that regard, it is procedures for appointing and promoting ineffective when applied, either due to the senior position officials. Appointments in absence of an overseeing body, or because countries covered by the report are conducted of the prevailing mentality that believes in based on: consideration of personal loyalty; withholding information. Until now, the culture political, tribal, and sectarian favoritism. Also of open records has not taken root in most of absence of a supervisory body on procedures the Arab countries. Hence under the slogan of followed such as, commitment to specific public interest, national security, and keeping standards in accordance with the law, and law and order, information is dominated by the in particular the principle of equality in ruling class. competing for these positions, goes unabated. 5. Public rights and freedoms: These traditional methods of selecting senior Although texts of most constitutions of officials reinforced the phenomenon of loyalty Arab countries, especially the new constitutions, to officials of this political class and their do include principles related to public rights include playing an influential role in selection Sixth: Management of Public mediators, as well as reinforcing exchange of and freedoms in their provisions, it is the and procedures of appointing, dismissing, Funds and Property mutual interest at the expense of public interest. laws, however, that are issued by legislators delegating, promoting, and disciplining 2. Submitting of financial disclosures: that determine putting those principles into judges. Moreover, it often controls the judiciary In regard to endorsement of public budgets, Despite the existence of legal texts in practice. And in that regard, most of these laws budget. This is in addition to its authorization of parliaments seem to be short of doing their regard to financial disclosures in most of the either have not been issued or existing laws are establishing special courts to try civilians; lack of job. In most cases this process seems a mere Arab countries, the system is ineffective due restrictive of these freedoms and rights, which respect for court decisions; exercising pressure formality. Budgets are presented incomplete to the absence of a political will among senior means that exercising many of these rights on the judges to influence their decisions when as much of the revenues and investment funds officials. In addition to: and freedoms is either frozen or deferred. In looking into specific cases, either to close the are not included in these budgets. Also budgets Weakness in procedures that obligates addition, the ruling class used its influence with files or to decide in favor of a particular party. of many of parties present their budget as a submission of disclosures and penalty when parliaments to prevent issuing of legislations Subordination of the Attorney General lump sum (one total number) with no details failure to do so occurs. that granted the right to establish CSOs, or to is to the executive authority (the president) hence it is not under the control of parliaments. Weakness in mechanisms that confirm exercise the right of assembly, where it often although he is part of the judiciary. The Moreover, end of the year closing accounts are accuracy of information contained in made it conditional upon obtaining a security executive authority interferes in the general not presented to parliaments in the majority of disclosures, since it is not allowed to open these approval. prosecution apparatuses through the Minister cases. disclosures without a court order and on rare of Justice. It is also common to see the Attorney Processes of granting concessions occasions, hence the assigned body does not Third: The Legislative General working as the lawyer of the regime, for utilizing public resources and utilities, conduct inspection of the content, or follow Authority and not the protector of citizens. expanding basic citizen’s services, and up on changes and developments that might management and distribution of state land occur. The ruling party dominated control over the constituted direct violations of the law. These Adoption of the concept of “secrecy” legislative authority in most of the countries Fifth: Representative processes and mechanisms also symbolized instead of “transparency” in regard to financial covered by the report. This was executed Elections main manifestations of looting of public funds disclosures, in most of the Arab countries. through the majority of members it enjoyed by which officials gained illicit wealth. Policies This allows those in power to hide enclosed within these parliaments, which weakened In many of the related countries, especially entailed contributed to reinforcing relationships information regarding illicit gains. Moreover, the oversight function of parliaments and during previous regimes, the ruling party between the ruling class and high officials in this method also does not allow for exposure made the executive authority immune against disabled the electoral process or forged election the military and security apparatuses, as well of benefitting from overlapping of interests, or any accusations and or questioning. This was results through violence, bribery, exploiting as reaping benefits from the private sector, avoiding it if and when it is discovered. also due to the poor representation of the public funds and property, unjustified security where exchange of positions and locations in 3. Conflict of interest: opposition in these parliaments, as well as interference in the electoral process, and a cooperative fashion was conducted at the In most of the Arab countries, there is no their limited influence in the decision making creating electoral systems that enable this class expense of the middle and lower poor classes comprehensive system or legislations regarding process as they were excluded from leadership to control results of elections. This resulted in: in society. conflict of interest; nor are there adopted and positions as well. loss of credibility and trust in elections among applied procedures that prevent conflict of citizens; regression in citizens’ participation in Seventh: Public Monitoring interest in public institutions. On the contrary, Fourth: The Judicial political life; change in parliament’s image as it and Control Institutions, combining a public position or service and a Authority became the forefront of the regime. This class direct or indirect interest in a private company also controlled the electoral supervisory body Commissions, and in the private sector is common in a number State of the judiciary in most of the Arab whose members are appointed by the ruling Apparatuses: of countries. This broadens the possibility of countries covered in this report points to the class hence subject to its pressure and influence. mutual benefits and profiteering, as well as, influence and interference of the executive It is worth noting that this body was neither These bodies, in total, were subordinate to the legalizes and instills the concept of “scratch my authority in the affairs of the judiciary neutral nor independent in many of the related head of executive authority, which affected back, I’ll scratch yours”. authority. Manifestations of this interference countries, as the report indicated. it independence. Very often, these bodies 6 Political Corruption in the MENA Region Political Corruption in the MENA Region 7

worked with permission and supervision of Tenth: NGOs Eleventh: Media Recommendations the executive authority leaving its reports’ Many of the Arab countries impose several The state of media in most of the countries recommendations hostage to this authority. restrictions related to procedures of related indicates the control of the ruling To consolidate efforts of: activists, institutions Moreover, its members do not enjoy proper establishing NGOS; most of which are in party over official media, and recruiting it to its and organizations, anti-corruption movement, immunity to do their jobs properly and violations with the law. It arbitrarily imposes service including: ignoring stances of political in cooperation with other parties that work efficiently. In addition, these bodies are unable conditions and requests documents that are oppositions; exploiting official media in facing towards building a democratic system, which to submit corruption files directly to the General not required by law. It also delays issuance of opposition forces; ensuring the existence of respects human rights and dignity, and strives Prosecution. And the public has no access to decisions regarding establishment of NGOs legal framework that shackles the rights and to achieve social justice, as well as efforts of these bodies’ reports as they are often kept beyond the legal time set by law for that freedoms of media, civil, and private work, and those involved in re-writing the new social confidential. purpose. Furthermore, governments have delineates red lines that cannot be crossed contracts, to include the abovementioned a negative view of NGOs, and see them as a for media personnel and outlets; otherwise principles in the provisions of the these security threat to the regime. In that regard, will suffer the consequence of being harassed, contracts in the Arab world. This will ensure Eighth: Security, Police and the ruling party sought to establish NGOs tried, and or imprisoned, and especially if they the success of an anti-corruption plan and Military Institutions under its jurisdiction as a way to control CSOs cover corruption cases. Direct censorship by the cooperation of all parties, official and civil, work and activities in any of the Arab countries. official and non-official security apparatuses when working towards adopting the following In order to impose its authority, facilitate is imposed on newspapers, media outlets, principles for combating political corruption: self protection, and oppress opposition, the bloggers, and the internet in general. 1. Ensuring a balanced separation of ruling class used the security institution as its powers among the three Authorities: when instrument. Based on the above, relationship drafting constitutions, the texts should include: of the president or king with these apparatuses balanced distribution of powers between was direct. He also assumed the position authorities, and removal of all areas of possible of Commander in Chief of the armed forces. interventions and ambiguity that provide for Furthermore, many regimes resorted to the executive authority to have predominance establishing special security forces and over other authorities. To also ensure that the apparatuses such as the republican guard, state subordination of all authorities to mutual security, preventive security etc., for its own supervision so that no official is immune from protection. In many of the related countries, accountability, and specially those at the top the security apparatuses played a decisive role of the executive authority. It is important to in the civil and economic lives as well as in the note that the parliament is the best system to electoral process of these countries. achieve this; i.e., the government is the owner The security institution, in most of the of the actual power and is held accountable related countries, is not subject to parliaments’ before the parliament within the system, while supervision, control, or accountability. Its the president hold a symbolic position, and has budgets are presented as a lump sum figure no executive power. (one total number) without details. Moreover, 2. Ensuring an executive authority that is there is no enactment of provisions related to transparent, fair and is subject to accountability: financial disclosures of officials of the security a. In reference to appointments in apparatuses. senior positions: to promote a parliamentarian Budget for the security apparatuses system and not a presidential system; In cases accounts for more than a third of public where the presidential system remains, it is expenditures at the expense of health, vital that the president remains “constricted”, education, and social security of the people. and under no circumstances should he exceed two four year terms in office; adopting special legislations for appointments for management Ninth: Political Parties of senior positions’. The legislations should define requirements and standards needed Countries that allowed political parties placed for holding these positions. Legislations restrictions on their formation, activities, and should also prohibit discriminations on funding. This was done either through passing bases on faction or sect affiliation, but on special governing legislations, or by taking experience and competence. Forming a special control over the licensing body. This in return, committee on professional bases (Committee reaped benefits for the ruling party and its for appointments in senior positions). The members as well as contributed to the existence committee shall take on the responsibility of of a large ruling political party with a majority in ensuring that candidates meet the required parliament with only few other small parties. conditions and standards for the job, and to also examine the extent of commitment to provisions of the related law. b. Assets and financial disclosures of high state officials: limiting submission of asset 8 Political Corruption in the MENA Region Political Corruption in the MENA Region 9

and financial disclosures to those holding especially the security apparatuses, presidential in the public budget, and subjecting it to high official positions and their families, and institution and all executive institutions and the parliament through the budget and end to ensure that this is a condition for assuming apparatuses under its jurisdiction. Equally of the year financial account. Also review of these offices; in particular, the president, prime important for parliaments to incorporate legislations related to concessions in services minister and ministers, speaker of the house, rights for the opposition within its bylaws and and benefitting from public resources, public and parliament members etc. Otherwise they systems, and especially in assuming leadership procurement, and disposition of state land. The will be stripped of the granted immunity. positions in parliamentarian institutions, to purpose is to close gaps that allow exploitation Moreover, ensure that disclosures are submitted prevent absolute domination of the majority and looting of public funds, hence promoting regularly and not for one time only, as well as and exclusion of the opposition. transparency and competition. Limit the use of ensuring that these disclosures are followed 4. Ensuring independence of the state land for the service of the public interest, up with to confirm accuracy of information Judiciary, and granting it necessary resources while disarming the executive authority from entailed and proper use of that money in order to insure effectiveness: removal of all wording granting or selling it under any circumstances, to prevent impunity in cases of accumulating in the constitutions and legislations that allow and introduce new legislations that are illicit wealth. Finally, adopting the principle of any meddling in independence of the judiciary, transparent in regard to public procurement revealing contents of these disclosures and and especially those related to appointing, and tenders. not keeping it confidential especially for senior dismissing, and immunity of judges; ensure 7. Ensuring, at the high political level, officials. the independence of the body that assumes that the security apparatuses do not interfere c. Preventing conflict of interest prior supervision over the Judiciary; to consider in the political life, and civil affairs of citizens; to or as it arises: draft and ratify legislations refusal to obey implementing provisions of also subjecting it to official and community Moreover, include assurances to criminalize specifically to prevent conflict of interest the Judiciary a crime punishable by law, and a monitoring and control: prohibiting the behaviors of political parties that effect voters among those who assume management of reason for firing an employee from his/her job establishment of security services outside in illegal ways such as buying votes, and bribing public funds, especially for those who assume if he/she hinders implementations of these the scope of the official state’s institution; voters. Finally it is also important to control on senior positions; adopt understandable provisions. Moreover, to state clearly that the building the official one on professional ceiling of expenditures of election campaigns, procedures to be implemented in public Attorney General and the General Prosecution bases; subjecting its leaders to the higher and impose mandatory financial disclosure for institutions. Separation of powers between apparatus are part of the Judiciary, hence political level and its budget to the parliament. parties and candidates. positions of the public and private sectors ensuring that the executive authority can no Committing to the time allowed by law to 10. Safeguarding the freedom to should be explicitly illustrated. Also to clarify longer interfere in their affairs; to grant the appoint leaders in position; prevent security establish NGOs: To stop putting restrictions and specify the mandatory period which falls General Attorney the immunity necessary forces from interfering in political and civilian regarding establishment of NGOs, and to between leaving a civil service, or a position considering that he is the defender of public life. Moreover, security officials have to be held consider registration, not licensing as sufficient with the security apparatuses and assuming a interest and not the ruling class. accountable for their actions and behavior, and requirement for establishment; to provide private sector’s position or the opposite. This 5. Holding fair and transparent general especially when it intrudes on public rights and government support for NGOs to enable these especially applies to high officials. Moreover, to and representative elections at all levels: it is freedoms. institutions to play their monitoring role as well adopt a code of conduct for public employees vital to incorporate safeguards to ensure that 8. Independence and effectiveness as provide services at the community level. that define situations where conflict of interest the electoral process is fair and transparent of public control institutions: enhancing the 11. Approval of law for media freedom is more likely to occur, as well as ways to prevent by adopting electoral systems that allow independence and effectiveness of public and independence: to stop exploiting official it, in addition to conducting training for better representations of all segments of society and monitoring and control institutions, so that media based on the concept that it is a implementation of the code. its constituents. The System of proportional it is no longer a subordinate to the control of possession of the executive authority; also to d. Endorsing Legislations on the representation is the best to achieve this due the executive authority; provide immunity stop exploiting it during elections campaigns Right to Access Information: incorporating to: its role in promoting political pluralism; to these institutions in order to resist outside for the interest of factional or sectarian interests, in constitutions the right of citizens to access preventing interference of members of security pressure that coerce it to deal with corruption and to remember that it is a national media. In information on public affairs. And to also in the electoral process with the exception of cases selectively or to even out political addition, it is important to stop censorship issue “Freedom of Access to Information Laws”, guarding election centers; allowing local CSOs scores. Moreover, establishing anti-corruption of media personnel and journalists when and to ensure citizens’ right to access it in and international organizations parties as it commissions, since they are considered an addressing corruption files by terrorizing accordance with international standards in this relates to public funding of election campaigns, important factor in combating corruption them and detaining them under the pretext of area. Furthermore, deterrent measures should or benefiting from official media; establish and in compliance with the UNCAC; ensuring defamation and slander. also be included against anyone who would permanent higher commissions that enjoys that these bodies are independent and are hinder citizens’ access to public information. independence and immunity from pressures well equipped and staffed to perform its job In addition, to establish national commissions that effect the integrity and transparency of properly. that will ensure implementation of, and citizens’ elections, to supervise the electoral process. 9. Safeguarding the freedom to access to information, and reinforcing of the Its tasks regarding supervision of elections establish political parties which reflects the openness culture among public employees should be defined, which mainly to oversee the diversity in society: To also ensure control by raising their awareness on citizens’ right to electoral process at all stages beginning with over its funding and campaigns: finalizing information. announcement date and until announcing legislations relating to the right of organizing 3. Electing the Legislative Authority and the results. Also it is essential to provide it with political parties, and removal of restrictions that granting it legislative powers, and control over resources and powers needed to perform its job. hinder practice of this right; adopt policies that the executive authority: the need to adopt the 6. Management of public funds and forbid exclusion of political activities of some principle of holding free and fair elections as the property with transparency, while ensuring political forces and ensure equal opportunity only way to form parliaments, and to have all public oversight over its administration: between them to be elected, obtain funds, and executive institutions subject to its control, and inclusion of all state’s revenues and expenditures enjoy media coverage by official sources etc. 10 The Mubarak Regime: No Corruption Committed, or no Justice Delivered? The Mubarak Regime: No Corruption Committed, or no Justice Delivered? 11

The Mubarak Regime: No Corruption Committed, or no Justice Delivered?

Osama Diab

As part of my anti-corruption research work, I Two possible explanations here could and parliaments during the Mubarak era to 2004, is infamous for having many businessmen have been tracking the 33 most high profile be that the Mubarak regime did not commit pass a conflict of interests law to prevent taking ministerial positions all in their own field corruption cases against members of the any corruption acts and all the accusations ministers and government officials from having such that it became known to the public as the Mubarak regime. The 33 cases were chosen against them amount to pure fabrications. business interests in the same field. This was “businessmen’s cabinet”. Other then the Minister based on a few criteria including the scale The second explanation is structural in nature; one aspect of the United Nations Convention of Housing, the Minister of Transportation was of corruption (only cases of so-called “grand that something in the institutional and legal against Corruption that Egypt signed and the owner of the biggest car dealership in the corruption” were included), how close the mechanisms makes it impossible to have ratified in 2003 and 2005 respectively. One country; the Minister of Health was the proud defendants are to the Mubarak political regime brought the Mubaraks and their associates to example of a blatant conflict of interests is owner of the country’s biggest hospital; the and whether the trials were a direct result of the justice despite committing acts of corruption. when Egyptian billionaire and real-estate Minister of Industry was the chairman of the January 25 revolution, or in other words, would Any observer of Egyptian affairs knows that tycoon Ahmed al-Maghrabi was appointed as country’s biggest food factory; the Minister of the cases have been brought before a court if latter is probably true. Minister of Housing. Maghrabi started granting Tourism was one of the biggest investors in the the revolution had not taken place? How and why did the trials end without a public land to himself—in his capacity as tourism industry. The 33 corruption cases are against 17 single conviction, a fine or an official warning minister and director of the governmental Another questionable law that allowed defendants, of which 13 were top public officials or condemnation? Was it the case that no New Urban Communities Authority (NUCA) the Mubaraks to walk free in one of the mostly in ministerial positions, ten were leaders corruption at all was committed under and in his capacity as the owner of a real estate biggest corruption cases involving the ousted in Mubarak’s ruling National Democratic Party Mubarak’s supervision, or that no justice was development company—at a fraction of the president, was when his family was offered (NDP), and three were members of Mubarak’s delivered? fair market price and by taking advantage in a five villas in strategic location in Sharm family including Mubarak himself. Needless to “legal” manner of the New Urban Communities al-Sheikh, the top touristic city of Egypt, at a say, the reason the total number is larger than Lawful Corruption Law that states, “the Authority, in its endeavor tiny fraction of its market price by a friend and 17 is because most of the defendants served in to realize its objectives, retains the right to a tycoon businessman Hussein Salem who is more than one capacity. For example, Gamal There are a several causes for such a dramatic conduct all activities and businesses aimed involved in many corruption cases in the US, Mubarak was both a member of Mubarak’s judicial conclusion to Egypt’s glorious at fulfillment of its designated programs and Egypt and Spain. This was probably one of the family and an NDP leader, while Sameh Fahmy revolution. Due to the lack of solid laws, priorities, and to directly sign contracts with cases that had the most compelling evidence was both the Minister of Petroleum and an even an independent judiciary would have individuals, corporations, banks, and local and against Mubarak and his family and was only NDP parliamentarian. Out of the 33 cases, not struggled in this particular legal framework foreign organizations pursuant to the codes dropped by the court because it exceeded a single case has ended with a final conviction to convict the defendants because any court’s determined by the Authority’s internal charter.” the statute of limitation of 10 years. The catch (as of April 16, 2015). Twenty four of the cases job is to determine whether a certain act In the absence of any conflict of interests here was that the limitation was counted by ended with a first-level conviction, three with a violates an existing law, but not to question law, Maghrabi was able to, in one case, to starting at the date the villas were “sold” to the financial settlement before a verdict was given the mechanisms by which the laws came into grant his own company—without a bidding Mubaraks. However, Transparency International and only six ended with first-level acquittal. The existence. process—a million square meter land in a and agreed-on international best practice Cassation Court ordered the retrial of all 24 The parliament under Mubarak was strategic location in New Cairo at a price of recommend that a statute of limitation in such cases (except seven in-absentia convictions) dominated by those who after the revolution LE 241 million, or LE 241/square meter. It is cases should begin the day an official leaves and did not uphold a single one. Out of the were accused of corruption through fraud believed that the market price for this land public office, otherwise, a statute of limitation 17 retrials, seven ended with acquittals, and and rigging elections. By buying votes and at this point was LE 4,000/square meter as becomes more of a “countdown towards Formerly a journalist with a 10 are still ongoing. Bottom line is that not a intimidating the opposition, they managed indicated by many independent NGOs and an impunity” as described by Transparency special focus on anti-corruption single case whose verdict was conviction in to have a monopoly over law-making which administrative court that ruled the land was International. Given the authoritarian nature matters, Osama Diab is now an anti-corruption research and the first-instance ruling ended with conviction enabled them to pass laws that would gravely underpriced. It is worth mentioning of the Mubarak regime, it would have been advocate at the Egyptian Initiative in the retrial. One hundred percent of the first- ultimately ensure that they came out unharmed that Alaa Mubarak, the former president’s older impossible to open investigations while for Personal Rights (EIPR). He is instance rulings were annulled by the Cassation by possible trials. son, owned over three percent of Maghraby’s Mubarak was still in power—i.e. before the end also a PhD student at the Middle East and North Africa Research court, and then they were all overturned in the One example of the restrictions by bad laws, company. In fact, the business men’s cabinet of the period of the statute of limitations. Group, Ghent University. retrial leading to a conviction. is the refusal of the successive governments Maghraby belonged to, which was appointed in Another way an independent judiciary would 12 The Mubarak Regime: No Corruption Committed, or no Justice Delivered? The Mubarak Regime: No Corruption Committed, or no Justice Delivered? 13

have struggled to bring the Mubaraks to justice is what is described in Egyptian law At the Judge’s Discretion as “reconciliation.” One amendment to the investment law that was passed in 2011 just It is not just the issue of law restricting after the revolution by the then-ruling Supreme judges here since, in many cases, judges were Council of Armed Forces (SCAF) allowed for obviously using their discretionary power to the “reconciliation” in cases of embezzled public benefit of the defendants. One of the biggest funds. At least three out of the 33 corruption corruption cases against Mubarak was seen cases ended with such a reconciliation, one of when he was charged with selling underpriced them involving Mubarak himself and the other natural gas (a strategic commodity in energy- involving his infamous minister of interior Habib poor Egypt) to his friend Hussein Salem with al-Adly. They were both accused of receiving the purpose of exporting it to Mediterranean gifts in the tens of millions from Egypt’s biggest countries through pipelines. It was no secret state-owned newspaper, and managed to get that the prices were extremely low and off the hook by merely paying off the equivalent according to some was even below the cost of amount of the “gifts” they received from the production. Many court cases in Egypt before taxpayers’ money. the revolution, NGO reports and even the Israeli recipients of gas all admitted that the The judge in this important case also Systematic and Wide-Scale prices charged were too low. Ramzi Halaby, decided to take off his robe and deliver a Plundering as a Lesser Crime a prominent professor at Tel Aviv University political statement openly flouting any regard told Russia Today shortly after the overthrow to at least an appearance of partiality. The Essentially then, corruption that has plundered of Mubarak in 2011: “We need to know that following is a paragraph taken from the verdict’s the country and caused the degradation of over the past ten years, importing from Egypt explanatory document: “…This is indeed proven public institutions for three decades is seen has been saving Israel USD 10 billion. First, the by the establishment of the international by the Egyptian justice system as something prices at which Israel buys from Egypt are very American Hebraic scheme, according to which you can settle by paying a few million low; and second, this forces other companies to the political order known as the Greater Middle pounds. Almost all governments since the compete to lower their prices.” East Project is established, which briefly relies revolution of January 2011 have expressed Another two Egyptian courts ordered the on the division of the larger Arab countries to this sentiment. The first ruling SCAF (Supreme discontinuation of gas exportation to Israel in a number of smaller states, in order to achieve Council of Armed Forces)and the public 2008 and 2009 because the prices were below their goal of preserving the Zionist entity’s prosecutor appointed by President Mohamed internationally agreed ones and under the position to exercise hegemony over the Middle Morsi of the Muslim Brotherhood all said that market value. East.” The explanatory document - the only reconciliation can happen only in crimes of The judge at the retrial of Mubarak’s gas official document related to this court case squandering public funds and not «crimes that corruption case ignored all this, including offered to the public - was laden with such involve blood» because they are crimes of a testimonies and reports from state authorities political gibberish. different nature. However, this sentiment is (such as the investigations of the police’s public Ultimately, the case of Mubarak highlights not unique to Egypt and international law also funds department and the Administrative how in post-dictatorship settings, national distinguishes between the severity of violations Control Authority), and the previous rulings courts and legislation are usually unfit, of physical integrity and the «victimless» crime of fellow judges. He decided to dismiss all unwilling and unable to bring the former of corruption in the mandates of international prosecution testimonies for no viable reason dictator - especially one who served a courts and the scope of universal jurisdictions other than being “unable to guide the court in long tenure - to justice due to the previous in countries that apply them. This happens the dark tunnel.” co-option and degradation of such institutions despite the consensus that severe violations of What offered the needed guidance to carried out by the dictator and his clique - all physical integrity such as war crimes, genocide, the court instead was all defense testimonies, of which left behind weak, corrupt and failed etc. is almost impossible to be committed by although they came from government officials Constitutions. This, combined with a lack of a government that is transparent and corrupt in the Mubarak regime who were accused effective international mechanisms such as free proving an almost-persistent mutually- in other corruption cases, and were directly international courts or universal jurisdiction in reinforcing relationship between corruption involved in the allocation of the underpriced corruption crimes, and violations of civil and and human rights violation. In other words, it natural gas to Mubarak’s friend. These include political rights ensure the near impossibility of will be very difficult for one to survive without the two prime ministers who oversaw the prosecuting corrupt dictators at home. Wide- the other. Transparency International, in a development of the dubious deal such as Atef scale corruption therefore becomes a crime that working paper from 1998, points out: “A corrupt Ebied, who had to approve the pricing decision remains unprosecutable in many developing government, which rejects both transparency and contractual conditions himself in 2000. The countries until further notice, and the Mubarak and accountability, is not likely to respect two prime ministers who appeared before the regime’s corruption trial is just one example of human rights. Therefore, the campaign to court as defense witnesses were and still are that global problem. contain corruption and movement for the themselves involved in two ongoing cases of promotion and protection of human rights are squandering public funds. The law in Egypt not disparate processes. They are inextricably gives judges such unrestrained discretionary linked and interdependent. “ power. 14 The Politics of Corruption in Palestine The Politics of Corruption in Palestine 15

The Politics of Corruption in Palestine

Tariq Dana

More than twenty years after the establishment political weapon by Israeli propagandists, who of the Palestinian Authority (PA), opinion aim to deform the Palestinian image around corruption can be categorized as “illicit capital PA ruling elite of lining their own pockets as polls persistently reveal a general belief in the the world. In some instances it proved to be flow”. well as those of their cronies. presence and practice of corruption in the PA an effective mechanism to pressure the PA Illicit capital flow is rarely documented in institutions, despite reports about improvement to change its policies, or even to undergo an the context of the PA. What we know about Misappropriation of Public in good governance and transparency in recent externally imposed “reform” to suit the Israeli stash funds generally comes to light in times Resources years. According to a freshly released report by government’s agenda. of internal political conflict within the elite the Palestinian Coalition for Accountability and International organizations’ reports about circles, when mutual accusations of large-scale The misuse of official positions to obtain Integrity (AMAN) -Transparency International some improvement in fighting corruption embezzlement dominate news headlines. For personal gains remains one of the major chapter in Palestine- 85% of the Palestinian mostly focus on technical solutions, but often example, Mohammed Dahlan, the former Gaza corruption crimes within the PA institutions public believe in the existence of corruption in ignore the root causes, which are embedded security strongman who accumulated much of since its establishment. Cases involving PA institutions.1 in the very nature of the political regime itself. his wealth from monopolies over key imports in misappropriation of public resources implicate In fact, corruption seems to be a structural In contrast, this article highlights the issue Gaza during the 1990s, was expelled from the officials of high and middle positions, and dilemma within the PA despite the ‘effective of corruption in Palestine from a broader Fatah Central Committee due to allegations of include unauthorized personal use of public mechanisms’ adopted to tackle it. Several perspective and argues that corruption should skimming off tax revenues into his bank account, resources, rent-seeking, illegal public-private possible explanations for this will be explored not be only understood as a practice but rather which he in turn used to manage businesses deals, and theft of public property. In the 1990s, in more detail throughout this article: the as a self-enforcing system. Thus, corruption in London and Dubai.2 Similarly, the former such practices were a regular occurrence and framework governing the PA, including the will remain a dynamic phenomenon within economic adviser to late PA President Yasser had negative impacts on local and international power monopoly of the elite; authoritarianism; the PA with its ‘trickle-down’ effect on the Arafat, Mohammad Rashid, was sentenced perceptions towards the PA. According to the aid dependent economy; Israeli control over the society as long as Palestinians themselves do in absentia for transferring millions of dollars first Palestinian audit conducted in 1997, nearly PA resources and its commercial relations with not begin with restructuring their national out of the Palestinian Investment Fund, and 40% of the PA budget (approximately US$ 326 some Palestinian political-business-security institutions along democratic principles and setting up fake companies. In response, Rashid million) had been misappropriated.4 elite; and internal Palestinian divisions and accountability, taking into consideration the revealed that Fatah has a secret bank account More recent reports don’t indicate the dysfunction of the Palestinian Legislative moral requirements of national liberation in Jordan with a balance of $39 millions, which substantial improvement in fighting this Council. These are all factors that stimulate and and self-determination rather than a limited, is run by Palestinian President Mahmoud Abbas phenomenon. According to a 2008 report by enable corruption. neoliberal understanding of “good governance” and two of his associates.3 the Palestinian Coalition for Accountability and Corruption siphons off scarce Palestinian that previous attempts were based on. PA elite corruption receives broad Integrity (AMAN), Transparency International’s resources and breeds a wide range of social international attention – partly due to the chapter in Palestine, the abuse of public problems, contributing to inequality and Elite Corruption above mentioned efforts of Israeli “hasbara” position for the misappropriation and waste of harming the social fabric. The effects of (public diplomacy / propaganda) – and was public property is clearly visible in the allocation Al-Shabaka Policy Advisor Tariq corruption are particularly problematic in Elite corruption takes place at the highest levels prominently discussed in the U.S. House of of state lands to individuals or firms5. The same Dana is a Senior Research Fellow the Palestinian context, given the Israeli of political authority. This kind of corruption Representative’s Committee on Foreign Affairs trend continues undeterred as proven by at Ibrahim Abu-Lughod Institute of International Studies, Birzeit occupation and systemic colonization of could be the most difficult to trace given that in 2012 hearing on corruption of the PA. The AMAN’s 2011 report which shows that the waste University. He is also a faculty Palestinian resources even as Palestinians the elite is often protected by social, political hearing accused the PA of “chronic kleptocracy”, of public funds remains the most prominent member at the MA program in are struggling to survive economically and or legal (in case of officials) immunity and also and directly blamed some key members of the form of corruption.6 International Studies where he teaches courses on global political preserve their presence on the land. In addition, because of the complexity of the process. Part economy. He was a postdoctoral the “corruption card” is occasionally used as a of the complexity stems from the transnational 2. See; Palestine Papers: Mohammad Dahlan. fellow at the Graduate Institute The Guardian (25, January 2011): http://www. 4. Marie Chene, Overview of Corruption and Ani nature of elite corruption whereby capital of International and Development theguardian.com/world/2011/jan/25/palestine- Corruption in Palestine. Transparency Studies, Geneva. His research operates through black markets and money papers-muhammad-dahlan 1. Survey on the Perceptions of Palestinian Public of International (19, January 2012) interests include political economy, 3. Fatah has secret $39 million bank account in Corruption 2014, Coalition for Accountability and laundering, and the profit of which is generally 5. AMAN annual report (2008): http://www.aman- civil society, social movements, Jordan, says Arafat’s ‘moneyman’, Al-Arabiya Integrity (AMAN), Ramallah, Palestine. palestine.org/ar/reports-and-studies/678.html NGOs, and state-society relations hidden in bank accounts abroad. This type of News (10, January, 2012): http://english.alarabiya. 6 . AMAN annual report (2011): http://www.aman- with a particular focus on Palestine. net/articles/2012/06/10/219711.html palestine.org/ar/reports-and-studies/1387.html 16 The Politics of Corruption in Palestine The Politics of Corruption in Palestine 17

Patronage Coopting opposition: Patronage politics aims to coopt and neutralize political opposition Given the concentration of political and leaders through offering them privileges, economic power in the hands of the PA elite, advantages, and access to prestigious posts the PA has been firmly structured along a in ministries and public institutions. The patron-client system, which contributes to PA targeted leaders from PLO and non-PLO the climate of corruption. This system has affiliated parties as well as independent figures historically characterized the relationships and incorporated them into its sophisticated between the PLO executive and the national patron-client system. institutions and social constituents. The patron- client system was not only inherited by the PA, Israeli Political Exploitation but also consolidated and institutionalized. of PA Corruption Patronage politics has been a key mechanism to secure loyalties, revive traditional ties and Although failure to produce real and co-opt opposition. sustainable economic development in the Securing loyalties: The PA managed to occupied Palestinian territories is attributed to ensure consent for its hegemony through the Israeli policies of control over access, land, designing a large public sector without proper and movement, and exploitation of Palestinian planning for institution building. The PA public resources, Israel has frequently exploited the The first domestic challenge to the to the Palestinian parliament, acknowledging sector currently employs over 165,000 civil existence of corruption within the PA to blame PA corruption occurred in 1997 when the the existence of corruption in the authority and servants who are together with their families the Palestinians for their economic ills. Israel also first national audit was conducted and promising persecution of those engaged in fully dependent on salaries guaranteed by exploits the card of corruption when it seeks to revealed widespread corruption. The report wrongdoing. international aid to the PA. The security sector pressure the PA to pursue compatible policies confirmed that $326 million had been The issue of corruption played a decisive is the largest with 44% of total PA employment, with its agendas. In fact Israeli reports on wasted, accumulating to nearly 40% of the role in the 2006 elections, which saw and it absorbs between 30%-35% of the PA’s Palestinian corruption are usually exaggerated annual budget at the time. The audit’s report Palestinian voters favoring Hamas over Fatah annual budget, thus exceeding by far other and aim to smokescreen the profound impact was followed by another detailed report as an expression of popular disappointment vital sectors such as education (16%), health of its occupation on the Palestinians. by the Palestinian Legislative Council (PLC) with Fatah’s corruption and its failure to (9%) and agriculture 1%).7 For example, in its attempt to get rid and contained a damning indictment of all build transparent institutions. People trusted Such a large bureaucracy serves the PA of Arafat during the second intifada, Israel ministries. Following the studies, 18 of the 21 Hamas due to the transparency of its social to exert control over constituents and secure successfully pursued an international ministers in office offered their resignation to organizations which proved to be much more loyalties by using a stick and carrot strategy. In propaganda campaign to deform the PA the President. Despite this major corruption efficient in service provision than the PA. fact, employment in the PA public sector does image in order to push the donor community scandal, however, the PA failed to punish those Meanwhile, after years in power in the Gaza strip, not necessarily imply job security; if employees to exert pressure on the PA and interfere with involved in corruption crimes; on the contrary, popular sentiment holds similar corruption express a critical stance to the PA policies, they harsh conditionalities. In particular, Israel many of the accused personalities were later allegations against Hamas, especially after are very likely to be removed from their posts exploited the international preoccupation with reappointed in ministerial posts. their massive profits from the “tunnel economy” on an arbitrary basis. “international terrorism” by accusing Arafat of This event was crucial as it opened the between 2007 and 2014. Reviving traditional ties: Given that a large utilizing the PA resources to “finance terrorism”. Palestinian public eye to the existence of However, popular campaigns against part of the Palestinian traditional structure is However, while Israel failed to provide evidence systemic corrupt networks within the PA and corruption have been vastly diminished in based on tribal organization of social relations, on Arafat’s involvement in financing Palestinian laid the groundwork for mobilization and recent years due to the intensification of the PA sought to accommodate large families armed groups, Israel managed to push demands for reform and transparency. In PA authoritarianism and the coercion by its in order to insure their loyalty. When the PA towards a politically-motivated international 1999, twenty prominent figures, including security apparatuses silencing critical voices. established its Ministry of Local Governance, it restructuring of the PA, which aimed to weaken academics, intellectuals, and members of the Only few institutional efforts are being carried included a special department concerned with Arafat’s position, particularly through the PLC signed a manifesto titled “The Nation Calls out by NGOs such as AMAN, which continue tribal affairs. The Ministry recognizes Mukhtars installation of a new Prime Minister position Us», which leveled harsh accusations against to document PA corruption cases. Although (heads of tribes) and authorises them to speak and the restructuring of the Ministry of Finance. President Arafat of “opening the doors to the reportedly some cases of corruption have been on behalf of their families. In this way, the PA opportunists to spread corruption through the brought to justice, the problem itself seems to revived the politics of tribalism, which had been The Palestinian Internal Palestinian streets».The manifesto denounced be structural and therefore requires structural marginalized by the rise of national movement Struggle Against Corruption the “corruption, injustice and despotism” that responses that involve the entire political in the occupied territories in the period prior accompanied the establishment of the PA system in Palestine instead of some limited to Oslo. Furthermore, the PA appointed some The issue of corruption has always concerned following the signing of the Oslo Accords. technical treatment. representatives of grand families in ministerial Palestinians outside the elite circles. They In response, the PA security forces arrested posts based on tribal considerations, and perceive it as an epidemic that hampers their many of the signatories and accused them of subsequently these ministries became struggle against the occupation. A recent threatening national unity. Similarly in 2004 dominated by relatives and friends of the opinion poll suggests that the spread of there was a growing popular dissatisfaction with respective minister. corruption represents the second most serious the PA’s corruption and street protests erupted problem confronting Palestinian society today over some governmental appointments of 7. See, Alaa Tartir and Sabrien Amrov, ‘After Gaza, in the eyes of 25% of the public, right after the corrupt personalities. With the increasing What Price Palestine’s Security Sector?’, Al- Shabaka Policy Brief, October 2014 occupation and settlement activities, which internal and external pressure on the PA, stand at 29%. President Arafat appeared in a televised speech 18 The Environment, Main Collateral Damage of an Unusual Level of Corruption The Environment, Main Collateral Damage of an Unusual Level of Corruption 19

Constitutional Court to approve their actions, of corrupt institutions established by “Sakker and they constantly delay the adoption of a new el-Dekkaneh”, based on a survey among the The Environment, Main Collateral Damage of an electoral law that would allow the Lebanese population), the following usually happens: citizens to choose their representatives freely.” according to our information, the public For Rabih el-Chaër, the root of all problems employee that receives the file transmits it to Unusual Level of Corruption lies in the fact that this political class fears at least three entrepreneurs who deal with this nothing in the present configuration: on the institution, in a totally illegal manner. If one Suzanne Baaklini one hand, the Lebanese divided society is not of them is interested, they would contact the likely to conduct a revolution as was the case person who submitted the file to the directorate. in other countries of the region, and, on the In case the latter refuses to deal with them, he other hand, the officials have made sure that will have to wait a long time for his permit to be no regulative authority can at any time bring issued. In case he accepts, things become much the corrupt to account. “The Lebanese political easier, and the money starts flowing in one of parties usually receive funding from abroad, those feudal leaders’ funds.” and are therefore accountable only to foreign For him, the chaos in urban planning and powers”, he notices. “This allows them to bribe construction is so lucrative that it is financing all kind of institutions, including some media, political parties’ slush funds. “To that should and to offer much needed social services to be added the weak implementation of laws Lebanon ranks low on the list of world between the level of corruption in a country the population. The parties might be divided and, sometimes, their inexistence, as well as corruption. Its environment is degrading and the quality of its environment. This study on many issues, but they easily find common the lack of accountability of public servants”, fast. Is there a link between the two? Many, shows that a country with a corrupt system has ground when it comes to sharing the cake in Rabih el-Chaër says. “Corruption has become experts say. 75% chance to have a degraded environment. the Council of ministers. And in case one of so systematic and generalized that no one even For proof, three of the countries benefiting from them is accused of wrongdoing, they politicize talks about it anymore. Even citizens refrain Ever since my journalistic career began at the the best environmental performances, namely the matter, taking advantage of the divisions from protesting because it often serves their end of the 1990s, topics such as unregulated Finland, Norway and Canada, are also amongst within the population that they, themselves, interests.” quarries, bad waste management, untreated the least corrupt on the planet. If there is a created.” wastewater or aggravated air pollution were need of another proof, we can easily notice that As a result of this political combination, any “The Engine that Drives all already hot issues. More than fifteen years and Lebanon, one of the most corrupt countries controversial file that finds its way to Court is the Rest” many articles later, I realize that those problems nowadays by all standards, also presents the shelved indefinitely and forgotten instantly, remain largely unresolved, if not worsened. To unfortunate sight of a degraded environment. including environmental files. “The politicians “Corruption is the engine that drives all the understand the reasons of this unfortunate The variety of forms taken by corruption (as control the judiciary system”, he explains. decisions taken by political leaders.” Naji reality, one can only look for structural defined by LTA) are seen in Lebanon and, as we “Judges are usually nominated by leaders Kodeih, an environmental expert, is an activist problems within the management of those will see later on, all lead to abuse environmental and political parties. They are too afraid of nowadays, but he was also employed in the files in Lebanon. Environmental problems are resources, i.e. misuse of public funds, sums of unpleasant transfers if they take decisions that ministry of Environment for ten years. When not separate from very serious complications money unfairly extorted by public servants their “benefactors” may dislike. Administrative asked by which means corruption affects the currently affecting the Lebanese arena: under diverse false pretexts, non-compliance regulatory institutions such as the Court of environment, he has no trouble getting into political instability, insecurity, etc. However, to regulations following bribes to supervisory Auditors are also controlled by political entities, specifics. “Usually, countries have an institution knowing that huge amounts of money and authorities, biased judicial decisions, payment which greatly affect their work.” specialized in planning and elaborating a strenuous efforts have been spent in trying to of bribes by companies in order to win public According to him, figures tend to prove this common vision to which all projects must solve environmental issues, only one paradigm contracts, etc. Three experts in anti-corruption tendency: in 2007, Lebanon ranked 99th on the conform”, he says. “In my ten years in the can shed light on this matter: the remarkable campaigns and in environment share their Corruption Perception Index of Transparency ministry, I have seen eight ministers come and extent of corruption that weights on the experiences in this matter. International. That year, the Central Inspection go. None of them took into consideration the country’s institutions. Such corruption, present issued not less than 200 decisions condemning work of his predecessor. It became clear to at all levels, has become institutionalized, as if “So Common that Nobody public employees (although not high-ranking me that all projects were considered as a way it were an entity endowed with its own form of Talks About it Anymore” officials). In 2014, this same institution merely to satisfy the personal interests of the group life, controlling the whole system. took 87 such decisions, while it was clear that surrounding the minister, very eager to spend In the latest Corruption Perception Index “The level of corruption has become alarming in the corruption worsened.” the money at their disposal.” of Transparency International dating December Lebanon. It is as if there were no more means of The activist clearly considers that this One of the privileged ways to “spend” 2014, Lebanon ranked 136th out of 175 sanction against corrupt individuals and groups configuration is ruining the environment. money is by conducting studies that often are countries. It ranked 128th on the 2013 list: things anymore, neither in the judicial system nor “When you see Beirut from a plane landing in its never implemented. “I remember a time when seem to get worse year after year. The effects within the political institutions.” Rabih el-Chaër, airport, you cannot help but being struck by the one of the ministers decided to hire foreign of corruption are felt in all the aspects of daily president of the anti-corruption NGO “Sakker jungle of concrete it has become”, he says. “Lack experts to conduct a study on industrial Suzanne Baaklini a journalist life, according to the Lebanese Transparency el-Dekkaneh”, is worried. “I find that the whole of urban planning and chaos in construction waste”, he says. “These experts held meetings in L’Orient-Le Jour, a Lebanese Association (LTA) site, not the least being the political class, despite the differences between is one of the main causes of pollution and with me for days on a row, taking notes of the newspaper, since 1997, specializes in environmental reporting. weakening of the relation between citizens its components, has agreed on operating a deforestation in Lebanon. Where does it come information and analysis of the situation that I She covers issues related to and official institutions. Moreover, a clear link putsch by extending their own parliamentarian from? Once more, the answer can be found provided. They wrote a report before they went privatization of public spaces in has been established by the NGO Transparency mandates and refraining from electing a in corrupt practices. When one tries to obtain back to their country. I never heard from them or Lebanon, mainly projects on the sea front and public gardens, since International, in a study done by two American president of the Republic”, he says. “In order to a construction permit from the Directorate about the study again. Industrial waste was also the late 90s. prestigious universities, Yale and Columbia, legitimize this putsch, they put pressure on the General of Urban Planning (the fourth in the list the subject of a study conducted by a famous 20 The Environment, Main Collateral Damage of an Unusual Level of Corruption The Environment, Main Collateral Damage of an Unusual Level of Corruption 21

Lebanese consulting firm in 1999-2000, at the instigation of the ministry. This study, too, was “A Weakened Civil Society” never implemented, although it cost more than a million dollars. We had plans to manage most Weak enforcement of laws, including of the industrial waste such as waste oils, tires, environmental ones, conflicts of interest etc. We had a clear vision on industrial zones between institutions concerned by the same classification in Lebanon. What happened to files and lack of awareness on the part of all these studies made in the course of the last municipalities and public opinion, are on top of fifteen years?” the list of the means by which corrupt practices He mentions another example: that of lead to environmental degradation, according the wastewater treatment in Lebanon. “I was to Fifi Kallab, expert in socio-economics of a member in the committee charged with environment and president of the NGO Byblos coordinating with the Council of Development Ecologia. “Take for example the municipal waste and Reconstruction (CDR) on the matter”, Naji issue: three ministers – Environment, Interior Kodeih remembers. “My role was to prepare a and Municipalities, and Administrative reform report on the compliance with the Barcelona – as well as the CDR, are in charge of it”, she Convention (for the protection of the says. “We get lost in this mess, and the conflicts Mediterranean Sea), signed by Lebanon. At the between ministers get in the way of any real time, in 2000-2001, the projects included nine solution. I am convinced this is intentional as and it is still closed today. Yet no one was held everybody wants a bit of the cake.” wastewater treatment plants spread along the it allows the officials to escape accountability accountable until this day.” The biggest scandal of all, say the experts, is coast, for a cost of 400 million dollars. It is very while blaming each other for the failures.” that the huge budget given to the private sector difficult to know, fifteen years later, what was The long-time environmental activist is Municipal Waste to treat the waste comes from the Independent really done and how this money was spent. All also sorry to observe a phenomenon that, Management, a “Scandal” Municipal Fund, while municipalities are we have are unfinished projects, wastewater according to her, contributes to add to the denied any role in treating or collecting waste. plants completed yet still closed, because they supremacy of corrupt practices in daily life in The municipal waste issue raised by Fifi Kallab is According to official figures given by the were never connected with the sewers. Why do Lebanon: the weakening of militancy within the one of the worst examples of corruption known government, 80% of the money in this fund is such absurd things happen in Lebanon? Do we civil society. “Life in this country gets harder by in Lebanon. Only recently, the government has being spent on the waste treatment, to pay for lack competence? I don’t think so. The people the day”, she notices. “It becomes very difficult adopted a new national plan based on the the private company in charge of the collection responsible for such a mess should be held to convince young people to volunteer for a division of the country into six zones, every and treatment of waste. As a consequence, very accountable.” cause. They have a hard time making a living, at one of which will be managed, in the future, little remain for true development projects. Naji Kodeih refuses to talk about mere a stage where they are often starting a family. by private companies which win the public “The spirit of corruption, which became wasting of money. “Wasting of money means Militancy in NGOs is just vanishing. People are tender. According to observers, this new plan a true doctrine in Lebanon, was born in the that you spend 1500 dollars on a project while increasingly interested in environmental NGOs is a mere extension of the system of monopoly reconstruction period after the war, in the it should cost a thousand only”, he says. “But for the opportunity of managing projects that prevailed for the last twenty years, except nineties”, says Naji Kodeih. “The main political in cases like this, money is spent on projects funded by donors. All I can say is that people for the number of companies involved (three leaders of this period created a parallel that lack any utility and that will never be seem to be more qualified than in the past, or four instead of one). The Lebanese people administration that was directly linked to them, implemented.” when we started our activism in the nineties, incur one of the highest costs for the treatment without a possibility of accountability through The expert is surprised that international but they are less motivated to fight for a cause.” per ton in the whole region, for a minimal the usual institutions. Meanwhile, the official donors, who often finance this kind of projects, She adds: “This is weakening the civil society composting and recycling, and for the dumping institutions fell into a state of disorganization don’t react to such obvious corruption. “The also because there is more money flowing for of nearly the entire waste of the Beirut and that remains today. The waste treatment financing comes either in the form of a credit the projects, and the NGOs are more and more Mount Lebanon area in the biggest landfill problem started at this period. My guess is that or a donation”, he says. “In the first case, I guess in competition with each other. This is also why of the country in Naameh (South of Beirut). the political forces knew there was plenty of the lender is first and foremost concerned political parties and political leaders are so Meanwhile, the protests of the inhabitants of money in the Independent Municipal Fund and with getting his money back, with interests. In eager to establish environmental associations, the villages close to the landfill, who say they found a means to sneak it out.” the second case, the donor usually imposes with agendas very different from ours.” She are dying a slow death, remain unheard. For Naji Kodeih, “the vision remains the experts from his home country, making fellow agrees with Naji Kodeih on the fact that “One should work in the sector of waste same today”. “Nobody thinks of the problem of countrymen benefit from the project. As for projects are a privileged way to make money. in Lebanon to make a fortune”, says Rabih waste in a scientific way, or tries to deal with it the Lebanese counterparts, they make money “All those projects, even if they are funded by el-Chaër, smiling. He adds: “The monopoly of in a rational manner, taking into consideration on commissions. One example illustrates that international donors or private sector, should one company over this whole sector for years is the needs of Lebanon”, he says. “The debate reality very well: a few years ago, “Electricité be submitted to the control of an authority such a big scandal. The Lebanese people pay a very that took place in the Council of Ministers de France” established a protocol defining the as the ministry of Environment, but it is far from high price for the treatment of their waste. Every over many sessions last January, and led to needs of Lebanon in the electricity sector up to being the case”, she says. “In Hbeline, in Jbeil, time there were attempts to revise the contract the adoption of the newest national plan, had 2025. We can easily notice it still has no effect on was established, many years ago, a treatment of this company in the Council of ministers, nothing to do with waste treatment. Ministers our daily lives. Isn’t that not corruption on the plant for the waste of the whole Jbeil district. they failed. What motivated the adoption of were all concerned with their political parties’ part of our institutions?” It was a composting plant due to replace a the new plan, according to our observations, is shares. They were asking this simple question: poorly managed landfill that we all complained that more political leaders want to have their why should one private company take all the about. This project, initiated by the Federation own company to run their own district the credit and benefits? Let’s get more companies of municipalities of the district, went terribly way they wish. While, in the past, a few leaders in the game and divide these benefits. Nobody, wrong. The composting plant never functioned were implicated in this one company, today, meanwhile, answers the essential question on 22 The Environment, Main Collateral Damage of an Unusual Level of Corruption The Environment, Main Collateral Damage of an Unusual Level of Corruption 23

where and how the waste will be treated, in the “In the new national plan, one sentence absence of any strategy.” was added although it wasn’t approved by Fifi Kallab also criticizes the lack of vision all the ministers: it concerns the introduction of political leaders who, according to her, are of incinerators in the country in a seven year strangely alike in their search for their personal period”, she adds. “To the officials I met since interests. “The private company in charge of the then, I asked one simple question: what will waste treatment was required initially (in 1997) you do with the toxic ash that will result from to collect 800 tons a day, compost 300 and the operation of incineration, knowing that dispose the rest in the landfill”, she says. “It didn’t only two countries in Europe have the technical respect the initial contract and yet nobody knowhow to treat such ashes? Nobody would held it accountable. Why? Because one political answer that question. It seems the incinerators’ leader insisted, at that time, to add new villages deal is particularly dear to one of the ministers. to the contract. As a result, the company would Meanwhile, we don’t have a possibility to collect 1200 tons a day instead of 800, and appeal against such decisions taken by the would not increase its capacity for composting government.” the organic waste. It was a catastrophe waiting As for Naji Kodeih, he thinks that the to happen.” future companies that will take charge of the

different zones will necessarily be proxies used their capacity in treating their waste, and failed by the political forces in order to better control at it”, he says. “I would remind him that he the population of these areas. “This example cannot judge the capacity of the municipalities shows that corruption is deeply rooted in the as long as they are denied the budget that is administration and the political class, and rightfully theirs in the Independent Municipal carried out by a system of mafias that lives on Fund.” it”, he says. “Environment has been, and still is, Corruption is depleting the natural one of the main collateral damage of corruption resources, and costing the Lebanese citizen because, in the mentality of our leaders and of much more than it should. Shouldn’t the public our people, environment is a plentiful resource opinion get hold of this matter and ask for its that belongs to nobody, and can be looted by rights? “Public opinion seems totally absent”, anybody. The privatization of public maritime says Rabih el-Chaër. “It is constantly under domain provides a great example for this. But pressure: if it rebels, security threats suddenly this is wrong. Environment is the main resource pop up. As for the political class, it knows very of Lebanon. Whatever we destroy today, we will well how to manipulate public opinion. Yet our deprive future generations of.” statistics show that only 13% of the Lebanese people have a positive image of the politicians.” Civil Society, Public Opinion, Fifi Kallab doesn’t have many illusions Media either: “The public opinion is neither well informed nor interested in such matters. It is The NGOs don’t have a possibility to appeal often manipulated on communitarian basis, against decisions taken by the government, which explains why it remains divided although says Fifi Kallab. But then, what does that environmental problems affect everybody say about their capacity to put pressure on equally. All it takes is to politicize the hot issues, the government? “The NGOs have gathered and that would motivate people to keep out of recently to protest against this last national trouble.” plan”, she says. “I feel that since then, some Media is the last stakeholder of the civil municipalities have voiced their concern, and society to be able to play a significant role the public opinion is better informed.” in combating corruption and promoting What then about the municipalities? environmental practices. Does it? “The media Local authorities have a good knowledge of sector is not homogeneous”, says Naji Kodeih. their areas and can react to environmental “Some media are owned by politicians and concerns. Yet Fifi Kallab doesn’t believe in have an agenda of their own. Others are their capacity to play an effective role in the manipulated in order to provide a forum to current configuration. “The municipal councils spread specific ideas. Some media are only are often elected on basis of the influence of interested in sensational news, and do not raise local families instead of the competence of the issues unless they are hot. Journalists who do members”, she says. their jobs thoroughly and practice investigative Naji Kodeih is not of this opinion. “Recently, journalism are not very effective, I’m afraid, the the minister of Environment said that same way all sincere people, including activists, municipalities were given a chance to prove are not being heard nowadays. I think, however, 24 The Environment, Main Collateral Damage of an Unusual Level of Corruption The Fight Against Corruption: A Battle Promised, But Never Fought 25

The Fight Against Corruption: A Battle Promised, But Never Fought

Abdessamad Saddouq

that they should collaborate with each other.” can hardly be considered as good news. Seen On June 26th 2014, the cabinet approved the bill Moralization of Public Life”, getting therefore rid Rabih el-Chaër thinks media are not from this perspective, the fight for preserving establishing the creation of the new Agency for of the disturbing words and the burdensome active enough in investigative reporting on natural resources is extremely hard. It will Integrity, the Prevention, and the Fight against mission. The committee finished its mission by corruption, most of the time because of lack of take relentless effort in order to restore Corruption. The bill, which stirred up the civil realizing a communication campaign that was funds and/or freedom. “It is true that access to accountability, and an acknowledgement that society’s strong reaction, is well below the quickly forgotten, because it was ill-timed and information remains limited in Lebanon, and this task is a shared responsibility. If urgent Constitution’s dispositions, and is clearly in completely useless. It was its only achievement. that the journalists are not well protected in action is not undertaken, it is obvious polluters regression as regards the first version of the bill On December 2003, Morocco was among the absence of an effective judicial system, but would roam free indefinitely, protecting each that was released by the same government in the first signatories of the United Nations it is sometimes enough to disclose information other from harm. Fifi Kallab tells an anecdote October 2012. An important mechanism of the Convention against Corruption in Mérida, even when there is only a presumption of that illustrates well the present situation: “I once fight against corruption would be canceled if Mexico. That was seen as an encouraging sign. corruption”, he says. told a politician that corruption files implicating the bill is passed. However, the ratification of the Convention his own brother were piling up. His answer to Is it a drawal of the State from its that was supposed to enact this commitment A Shared Responsibility me was: “When they arrest others, let them constitutional commitments? Does the occurred until 2007, three years later. In the arrest him.” Very eloquent, don’t you think?” government intend through this bill to resign meanwhile, the Convention had become In the light of the environmental degradation, from the fight against corruption that it had effective in December 2005. It is thus obvious the situation seems very dark. If corrupt declared previously? Amid an anti-corruption that the State takes its time, it does not rush practices are largely responsible for the abuse governmental rhetoric, though much less things. against natural resources, and if corruption is so audible recently, there is room for doubt on the These three episodes which, chronologically deeply rooted in the institutions and mentalities sincerity of the public authorities’ commitment. mark the last fifteen years, seem to reveal the that it has become an institution in itself, how For several years, the state has been behavior of the circles of power: hesitation, can it be possible to escape this vicious circle? swerving, hesitating, looking away and announcements, retreats, one step forward, and Asked about solutions, Naji Kodeih says he procrastinating. It does not seem to have the two steps back. The consistency of their policy has a radical opinion on this matter: “In order desire, even less the boldness to lead the fight did not prevent nevertheless the realization of to consider saving the environment, we should against corruption which has reached alarming unquestionable advancements, some of which do no less than change this whole system. levels in our country. The state’s line of conduct are: Meanwhile, in our day to day life, we can only in the fight against corruption, throughout The reform of financial courts which led, face the present system and disclose whatever the last years remains unchanged: small scale among other things, to the publication of the information we get.” reforms and control of the time of reform, reports of the Court of Auditors. “We should refuse to let go”, insists Rabih both combined with a worn out discourse on The removal of the Special Court of Justice. Abdessamad Saddouq has been el-Chaër. “The key to reverse the tendency transparency and good governance. Here is a A court that was specialized in corruption Transparency Maroc’s Secretary lies in the judicial system: if, as it happened in Flashback. crimes: Stigmatized by both anti-corruption General since January 2012. He has been a member of the association Italy already, judges start taking courageous On June 1999 “The National Committee for and human rights activists, it was considered since the first years of its inception. decisions and enforcing the laws, we can hope the fight against Corruption” was established a tool for the management of impunity for the He was President of the ethics to break this vicious circle.” during the era of the government of alternation first group, and a special court violating human commission of the General Confederation of Moroccan Fifi Kallab is convinced the key lies in the headed by Abderrahmane Youssoufi, with the rights for the later one. Companies (CGEM) from 2008 to civil society. “We should encourage voluntary ambition of leading a program for the fight Nevertheless, by examining the past 2012, and a former member of the Central Agency of the Prevention work and activism”, she says. “In parallel, against corruption. The committee was led by history and without pretending to analyze against Corruption (ICPC). He is awareness campaigns should be conducted on Ahmed Lahlimi, the Minister of Social Economy, it in a methodical way, we can say that the an energy engineer and holder of a long-term basis.” SMEs (small and medium sized enterprises), and public authorities’ apprehension of the issue an MBA in business management. Currently he is a senior executive So, solving environmental issues implies General Affairs. Along the way, the committee of corruption has progressed. Previously, the at a public company from the a successful fight against corruption? That was renamed “The National Committee of the mode of governance was heavily marked by energy sector. 26 The Fight Against Corruption: A Battle Promised, But Never Fought The Fight Against Corruption: A Battle Promised, But Never Fought 27

corruption. Its use was two-fold: On the one hand Even if the state’s approach seems to have it was used to maintain the political customers progressed, and a display like that of Driss of the political power. John Waterbury1 Basri before the members of the parliament rendered a brilliant description therein. On the seems unlikely today, the political function other hand, it was used as a weapon to control of corruption does still exist, and public or even domesticate its political opponents. We authorities have never broke with their leaning can recall in this regard Driss Basri, in the middle towards the total and exclusive control of the of the nineties, at the parliament, before the anti-corruption policy. That is what explains the TV cameras, and the petrified members of the hesitations of the political power which is under parliament, threatening to release hundreds the pressure of the national public opinion that of cases involving, according to him, all the has become more demanding, and to that of political parties. The fight against corruption, foreign partners who are now more critical than according to the political power’s conception, ever. The reports of the latter, give accounts had to remain a sovereign prerogative of the of the perception they have on the worrying state. A kind of regal function, an instrument situation of corruption in our country.5 of control in the hands of political elite that Indeed, corruption continues to increase is usually unpredictable. This perhaps what rapidly: the numerous revelations of cases, as explains the hostility with which the creation well as the international indicators confirm it. of Transparency Maroc, the first Moroccan Transparency International’s corruption index this interference between the public office and ever been? The question is legitimate. The fight association for the fight against corruption, was ranked Morocco in the 91th position out of the private interests, at all the levels of the State. against corruption is today seen as a challenge received. It was in 1996, in a context marked 177 countries in 2013, with a score of 37/100. The second level of analysis considers of political positioning, rather than a political rather by political opening. Violating the law, Throughout the last ten years, Morocco had corruption as the natural product of a failing challenge. Rhetoric remains the leitmotiv. the ministry of interior refused then to deliver been either in stagnation or in regression. mode of governance. The harnessing of the Disappointment is as big as the expectations the certificate attesting the creation of the Although it is questioned, usually for bad state in its extreme form: the State as the maker brought about by the party political discourse association.2 reasons, this indicator, which was created of laws and standards is hijacked to serve private that followed the euphoric brief episode of the Today, civil society expresses itself more, is ten years ago, is still credible. Transparency or even individual interests. Some countries 20th February. By the way, was it an ephemeral more present in the public debate, and has once International’s index converges, in Morocco’s of the former USSR have experienced similar brief episode, or the expression of a deeper and for all integrated the struggle for integrity case, with other economic indicators, like the situations. Closer to us, in Tunisia, the World dynamic that society is experiencing? The and transparency in its commitment. The World Bank’s Doing Business, or the World Bank has just published a surprising document future will tell us. 2011 Constitution recognizes and strengthens Economic Forum index on the attractiveness of in this regard. In our country, numerous its role. However, concretely, it is kept away countries of foreign investment, which ranked symptoms highlight the failure of governance: when it comes to elaborating public policies Morocco in 2013 at the 77th position out of 148 impunity, low effectivity of laws, lack of or controlling their implementation. The public countries. The study mentioned bureaucracy accountability, failure of the judicial system, authorities usually use fake contributors.3 Its and corruption as the first causes, among lack of transparency… Many malfunctions freedom of action is also usually thwarted in 16 other causes, that explain the bad results show how much distance separates us from the this field as in others.4 of a country possessing several assets to be rule of law. In such an environment, corruption among the most attractive countries of foreign practices, the distribution of privileges, and the

1. John Waterbury Served as President of Ameri- investment in the region. This clearly shows that exchange of services organize the public space can University of Beirut Since January 1998. the toll of corruption is enormous. more than the rule of law. Mr.Waterbury served as Member of International At the first level of analysis, persistent and The new constitution which offers Advisory Board of National Bank of Kuwait. Be- fore Joining AUB, Mr. Waterburu was, for nearly generalized corruption in Morocco is related good governance a central role, and which twenty years, professor of politics and Interna- to the neo-patrimonial organization of the establishes accountability as a fundamental tional Affairs at Princeton University's Woodrow state, developed by Jean François Métard. It principle, and which also provides a legal Wilson Scholl of Public and International Afairs. He specialized in the political economy of the is a system that extends the functioning of framework for conflicts of interests; is it able developing countries with special focus on the the historic patrimonial state in which there to provide the necessary impulse, is it capable Middle East. was a complete confusion between the public of provoking real commitment by the State 2. The document was not delivered until 2004. Five years later, the association was recognized “of and the private goods. It was the traditional against corruption ? public utility”. Makhzen mode. Three years after its adoption, it is still not 3. The bill establishing the creation of the new The structures of the modern state have the case. On the contrary, we are witnessing Agency for Integrity, The Prevention, and the Fight Against Corruption, mentioned in the pre- put an end to this confusion, in theory. In a retreat of the political choices from the cent article, is un this regards relevant. In October reality however, the exercise of public office, constitutional framework which is supposed 2012, the government published a draft bill which at all the levels of responsibility, is usually to lay the foundations of good governance. was generally well received, on the General Secretariat of the Government’s website for synonymous of monopolization, enrichment, The bill mentioned in the introduction of the comments. Twenty months later, the government and the distribution of profit and liberalities. present article is a manifestation therein. passes another bill that has no relationship with The positions of power become positions of The dismantlement of the system of the first one, without submitting it to the public consultation. enrichment. Corruption is the manifestation of corruption and the end of impunity, which 4. In 2010, Transparency Maroc was banned constitute the main claims of the protests from organizing the integrity prize ceremony. In 2013, its poster campaign against impunity was 5. See, in this regard, the last report of the Council of movement, are it seems, no more on the censored. Europe published in January 2014. agendas of our decision makers. Have they 28 The Generator Mafia Shatters the Citizens’ Dream in Zahle The Generator Mafia Shatters the Citizens’ Dream in Zahle 29

The Generator Mafia Shatters the Citizens’ Dream in Zahle

Noor Baalbaki

The saga of electricity in Lebanon seems to which they own. The project was estimated to be endless. Ever since its fifteen-year civil war, cut down the cost of power per household by which erupted in 1975, the State, through an average of fifty percent. Electricité du Liban (EDL) has been unable A number of citizens interviewed by the (according to some, unwilling) to provide Daily Star (December 19, 2014) expressed electricity to its citizens on an uninterrupted their support for EDZ and said that for them, basis. Power cuts range from a minimum of 24 hours of electricity was a dream come true. three hours daily, to about fifteen hours or more Yet, in Lebanon, this prospect was doomed to in some areas, let alone that rain, increasing fail, not because it is technically unachievable, demand for air conditioning in summer, and but simply because the legacy of the civil delay in importing fuel oil are often cited as war continues. Elizabeth Picard, in her book reasons for days of much harsher rationing. “Lebanon, a shattered country: myths and Although the State has sustained about ten realities of the wars in Lebanon” (2nd ed., N.Y. billion dollars in loss over electricity, power 2002) argues that “the breakdown of the militia supply is still far from normal and the vast economy soon led to the appropriation of the majority of Lebanese end up paying two bills state economy through a system that made for their electricity: one for EDL, and another for room for a culture of corruption to manifest the owners of generator companies which have itself”. She adds that “the disintegration of the mushroomed throughout the country and have state and the rise of the factionalist ‘mini-states’ been part of the daily life of the Lebanese. during the Lebanese civil war, initiated the For those who take for granted a twenty- breakdown of the connection between the four hour supply of electricity, the suffering states (which could not protect them and the of the Lebanese may be hard to comprehend. community). This was further compounded Yet, interruption of power brings about daily in the post-war period when former warlords suffering in households, not to mention the became part of the legitimate state system, and adverse effect on the environment caused by often maintained their wartime followers and generators which spread their deadly fumes in supporters. Gradually, the government became densely populated areas. the agent of individual and sectarian financial Noor Baalbaki is a Program The lack of reliable and continuous power interests rather than being accountable to Manager at the Heinrich Boell supply is having an impact on industry and citizens as a whole”. Stiftung’s office in Beirut. Prior service providers and it makes Lebanon a less As it seems to be regularly the case in to that, she worked as a project coordinator at the Issam Fares attractive country for foreign investors. Thus, Lebanon, dreams do not come true, particularly Institute for Public Policy and it must particularly welcome news, when a when mafia interests are at stake. As soon as International Affairs at the regional private electricity company, which is EDZ made its announcement in December American University of Beirut and as a Researcher for USAID independent from EDL but operates under a 2014, local generator owners openly protested on a program to strengthen the concession agreement with the government, the move by blocking roads and burning tires. Lebanese Parliament through the development of a legislative promises its subscribers uninterrupted power More seriously, there has been in February of resource center. She holds a supply at relatively low prices. This is exactly this year an attack on four transformers used Masters degree in Middle Eastern what the Electricité de Zahle (EDZ) promised by EDZ, putting them totally out of service Studies from SOAS and a Bachelors degree in Political Sciences with a its 53,000 subscribers would take place as of and reducing the daily electricity supply by minor in Arabic from AUB. February 2015 by reviving an old power plant EDZ to a mere 12 hours per day. Although 30 The Generator Mafia Shatters the Citizens’ Dream in Zahle The Malice of Power: Arrests in Syria as Part of a Politico-Economic Rationale 31

officially no one was caught in the act, the Fact box general view among the citizens is that it was carried out by those who would stand to lose The Malice of Power: Arrests in Syria as Part of a 1. Lebanon’s main electricity provider, the Électricité du Liban (EDL), is their lucrative business if EDZ’s plans were to a public institution fulfilling industrial and commercial tasks. It was founded be implemented. The irony is that generator by Decree No. 16878 on July 10th, 1964 and is subordinated to the Ministry owners use poles and grids provided and Politico-Economic Rationale of Energy and Water. EDL controls 90% of the electricity sector in Lebanon owned by the Lebanese government, in a clear and thus enjoys a monopoly position. The few existing private energy defiance of its authority. The State’s inability to Ansar Jasim providers sell their production to EDL. Despite its monopoly position, EDL is put an end to the generator mafia meant that facing serious economic difficulties, with an accumulated debt amounting citizens of the capital of the Bikaa valley, Zahle, to $27 billion. This is to a considerable extent imputable to administrative as well as eighteen Bikaa villages, will still have inefficiency, which is illustrated by the fact that EDL’s uncollected bills alone to suffer blackouts, pay two separate electricity account for $1 billion.* bills, and endure the noise and pollution caused 2. Forecast of Power Shortages (EDL 2011) (Gap between supply and by generators which are notoriously hazardous demand) to public health and to the environment. This 2011: 800 MW (33%) deficit, corresponding to 8 hours a day is a great disappointment to the citizens of the 2013: 1330 MW (47%) deficit, corresponding to 13.5 hours a day area who lost the chance of ridding themselves 2016: 1909 MW (58%) deficit, corresponding to 14 hours a day of the monthly generator bills -- which are 3. Lebanese citizens are dependent on electricity supply by private issued at the exorbitant rate of $125 for every “I was shocked when I learnt Naser had been it is estimated that 90% of those arrested by generator owners. In 2009, private generation was estimated to account five ampere1 -- as well as of being captive to the arrested. I did not want to believe it at first. To be the regime or regime militias had nothing to for around 30% of energy production. Generator owners provide Lebanese generators owners, or even worse, to the single arrested is the worst thing that could happen to do with the revolution,” says Amer, a former citizens with electricity in exchange for a monthly subscription fee. The annual available power provider with whose condition you in Syria. No matter how you die – the main officer in the Syrian military. The “Caesar” report subscription costs paid by the Lebanese is estimated at $1.2 billion. they have no choice but to comply. thing is not to die this way – that is what most – named after the deserted Syrian military 4. With $0.23 per kw/h, the costs for electricity production in Lebanon Those who argue that the aftermath of the Syrians will tell you. ‘I need to get hold of one of photographer – counts at least 11,000 people are the highest in the world. Lebanese war still impacts the business culture, these pills that kill you instantly,’ Naser had said who have died in detention centres, either 5. Despite the recurrent power shortages and the immense costs of among other things, are probably right. It to me shortly before. He was planning ahead through the torture itself or as a result of the electricity production, Lebanon ranks 57 out of 189 as concerns obtaining seems that the political will to put an end to the on how to elude an arrest. And then he was intentionally catastrophic prison conditions. electricity in the World Bank Group’s Doing Business-Report of 2014. outright exploitation of the citizens is simply arrested in the Foreigners’ Registration Office, People disappear in government agencies 6. An App has been developed with which citizens can see at what time not there. The Lebanese are convinced that the as he is Palestinian. The images of tortured or at checkpoints of the military or the Jeish power cuts will affect their respective area. generator mafia would not have dared to stand dead bodies entered my mind at once,” Samira al-Shaabi, the “People’s Army”. These are up to EDZ, and indeed to its 53,000 subscribers, explains. “My uncle, however, reassured me that paramilitary units that consist of armed civilians had they not enjoyed the cover provided by Naser would walk free within a few days. He said who have been equipped by the regime. They corrupt politicians. No matter how the game he knew someone inside. With high hopes, we were known as the shabiha at first and have of power and business is run, there is little started to collect the money that was being since informally been annexed to the Syrian doubt that the ones who truly suffer are the demanded from us. That was back in October military. These are the first groups in a long ordinary citizens who progressively lose faith 2014. At first, we were to pay 4,000 dollars, and chain of people profiting from the business of *. http://www.al-monitor.com/pulse/originals/2015/01/lebanon-electricity-supply-debt- in their government. Many citizens even argue then it increased to 20,000, in the end the sum arrests in Syria. disaster.html# that because of the prevalent culture, they had multiplied to 60,000 dollars. We have not Arrests are now taking place at a large scale. themselves have in turn to practice corruption been able to trace him since January 2015. Even Those affected are brought to official prisons wherever they can (through bribery, cheating, though they continue to demand more money that had already been overcrowded before tax evasion, etc.) in order to compensate for the from us, we do not even know whether Naser the revolution set in and to the confidential “bad deal” on whose receiving end they always is still alive.” interrogation centres of various secret services. find themselves. Corruption as usual breads The number of people that have been The increasing number of arrests is not only corruption. arrested in Syria since 2011 is unclear. Syrian the expression of a regime that takes forceful EDZ has been working hard since March human rights organisation Violations action against the civil population, but also 2015, to provide electricity to its citizens in Documentation Center (VDC) estimates the demonstrates that this regime had been Zahle on an uninterrupted basis despite the number to be around 200,000 people. As counting on a “safe solution” from the very start: setbacks. neither an arrest warrant is issued nor the violence in place of politics. family informed, the term used for these arrests Free reign when it comes to arrests is is “enforced disappearances”. The majority of one of the ways in which the regime renders those disappeared is made up by young men it possible for various parts of its security in their 20s and 30s, however, the VDC has apparatus to enrich themselves. That way, the Ansar Jasim, 27, studied political also documented cases in which underage regime secures support for its actions in times science with special emphasis boys and girls were taken. In 2011, the regime of economic demise. The ones who are left to on the Middle East in Marburg, London and Damascus. She began pursuing those who were planning anti- suffer are the thousands of disappeared Syrians specializes in the civic movement regime protests. The more violent the conflict and their families. On the one hand, the issue in Syria and supports civil society was fought out and the worse the supply is actual corruption [Fasad] in which money activists in Syria through solidarity 1. A normal home would need at least 10 amperes to work, especially to link them run a refrigirator, a television and air conditioner conditions became, the more humanitarian serves as a means to obtain a service and on the with German civil society. She is simultaneously and medical personnel were affected. "By now, other hand it is sheer fraud [Nasab], in which a currently living in Lebanon. 32 The Malice of Power: Arrests in Syria as Part of a Politico-Economic Rationale The Malice of Power: Arrests in Syria as Part of a Politico-Economic Rationale 33

service is promised in return but the promise is regime, anxious to be perceived as a modern By the end of 2012, the country’s economy experiences of female prisoners after having not kept. administrative government, has regulated had already suffered the loss of 1.5 million been incarcerated herself. “When the arrests started people were imprisonment within its legal framework. In jobs. “The Syrian economy has been almost much more intimidated about asking to theory, a Fira’ is authorised to detain a prisoner entirely destroyed […]. [It] has almost entirely Psychological Warfare and ransom their family member. In 2011, arrests for up to 60 days, given that the arrest warrant is developed into a wartime economy that Disappointed Hopes were far more targeted, nowadays anyone can renewed every 48 hours whereafter the prisoner consists of crime, smuggling, trading in arms be taken. Before, there was still such a thing as has to be brought before a court. “But nobody and people, as well as the theft of subsidies etc.. “The reasoning behind this is not only material being innocent. Now, you can be robbed at any complies with these regulations. In reality, you A small class of people has emerged who were enrichment,” Rawan states. “It is a war of nerves. checkpoint and then you just disappear,” Amjad, disappear once you are brought to a Fira’. You able to profit in the context of this economy, On the one hand, corruption pricing is adjusted media activist. have no legal assistance and no attorney can do whereas at the same time, millions of youths for poorer families. On the other hand, money anything for you, not even find out where you are left unemployed, unable to support their is squeezed out of families at all levels. They are Profits for the Lower Ranks are,” Jamal, a lawyer himself, explains. He left families,” says political scientist Sabr Darwish. being strung along and put off again and again. in Return for Loyalty Syria in March 2015. To enable corruption and extortion is a strategic They are promised the release of their son “Oftentimes, they (the Fur’u) arrest a person decision made by the regime – an adjustment from prison once they pay a certain amount of There are many ways to “disappear” in Syria. For and keep him or her in custody for four or five of its system in light of changed circumstances. money. Instead, what they receive in the end is a instance, if a house or an office is searched, all days. They request the phone numbers of How long a prisoner has to endure in a dead body. In some cases, families are prepared of the people present are taken. The families of family members, and then the blackmailing Fira’ is uncertain, both lawyers Jamal and Feras to pay for the knowledge of the location of those arrested are not informed. If they can find begins,” Feras tells us. He also is an attorney confirm. From there, people are transferred to the mass grave in which their son lies buried. out where the person was last seen, they can from Damascus who now lives in Beirut. Even one of the prisons. “The condition of those who They cannot even go there,” says Rawan. When trace which security agency took their relative. if you pay, that does not mean that the release are brought to central prisons from the Fira’ is families are informed of the death of their child Every secret service controls a certain district of of your relative is secured. After exploiting the dreadful,” Jamal knows after witnessing the in imprisonment, they either sign a form stating a city; information on who controls which parts families financially, the shabiha oftentimes transfer of thirty prisoners on his way to court. that the death was caused by “medical reasons”, is contained in the store of knowledge of many surrender the prisoner to the secret services. “None of them weighed more than 40 kilogram. heart failure for example. Or they sign to a Syrians or can be inquired about. However, the The unofficial and official structures of Syrian The stench was unbearable, even from a statement saying that “armed forces” were the most frequent and random arrests are made secret services therefore do not only coexist, distance. The security personnel escorting cause. That way, the regime ensures they have at checkpoints. Checkpoints have been set they cooperate directly. them were wearing gas masks. The injuries of - by the families themselves - the insurance in up at the entrances to every village, and even This is all part of a macabre trade. “Because those imprisoned were evident: burns caused writing that it is not responsible for committing at the access points to every district in cities. we know what happens with those under arrest, by electricity and stubbed out cigarettes… a crime.” “Most checkpoints at the village entrances of families will always be willing to pay, even if that Every time we say to judges that we need “Families are prepared to pay for any small Jaramana are controlled by the jawiya, the means they need to sell their houses for the to document this and that we need a legally detail of information: Is their son still alive, how secret service unit of the air force. Within the money. You buy the hope that your relative will accredited physician, they, of course, refuse. is he doing?” Once a son disappears, his family district however, the shabiha are in control,” not die from torture – even if it is clear to you that It would not be possible to release someone tries their best to find out his whereabouts. Lama, a human rights activist, tells us. She they will not be released,” says political scientist home in that state. That is why I have come to Anyone who starts asking questions is herself was imprisoned for a long period of time. Rawan. The families grasp at any last straw. think that the prisons are a kind of stopover susceptible to fraud or in danger of risking “When I was arrested, I was glad it happened at The issue is not simply corruption that takes on the way of recovery. The conditions are still their own safety. All sorts of promises are made an official regime checkpoint. That way, I was place within a system. Even more than before terrible – but not comparable to those in the to families. In the end, the director of the Fira’ taken and my husband was arrested at home the insurgence, the regime has an interest in Fur’u.” decides when and if a person is released. – but at least our house was not ransacked and creating space for corruption, blackmailing The transfer to a central prison also entails a The families under compulsion to choose my daughter was not raped.” and self-enrichment. Already before 2011, change in those responsible for prisoners within this path are denied any form of safeguard - Shortly after the arrest, the person is taken the regime had the most extensive security the system, and another group of profiteers apart from the option to additionally search to the interrogation centres of the various apparatus of the region. Since the beginning receive the opportunity to blackmail families. information through other channels. One departments (Fira’, pl. Fur’u) of the secret of the revolution, it has multiplied – through The transfer alone lends itself to corruption: element that eludes full control by the regime services. Most of them have a regular personnel the many checkpoints and the development “In some cases, officers in the Fur’u will contact comes in form of the reports given by other structure: a director, division leader and of diverse militias loyal to the regime. At the families and promise them to transfer their son prisoners. For this reason, a network of human those in charge of conducting interrogations. same time, the economic situation has become to a central prison in exchange for a certain rights activists and lawyers has developed, Furthermore, there are several confidential devastating, which means that the regime is sum of money. Even though he would have whose members record the statements of those internment centres and the “People’s Army” not able to support the increased expenses been transferred nonetheless,” activist Kifah has released from imprisonment – for instance the again have their own prisons. The arrests they for the security sector with state funds alone. learnt. It is not traceable which court a prisoner VDC or the Missing Syria group. Prisoners learn make are random, and sometimes by order 100 dollars, about 20,000 Syrian pounds, is is sent to. “Sometimes five different people are names and telephone numbers of their cell of the security departments. An especially the current income of a regular officer in arrested and charged with the same offences mates’ families off by heart. Due to the fact that notorious place is the secret internment camp of the regime’s security apparatus. “A packet of – but they are sent before different courts,” the cells are oftentimes hopelessly overcrowded, the shabiha in Nesreen Street in the Damascus coffee costs about 2,000 SP and diesel for two attorneys explain. inmates in many cases memorise 70 or more district of Tadamon. In Syrian law, the Fur’u are days is about 5,000 SP,” explains media activist Arbitrary arrests can strike anyone: “We names and phone numbers, Missing Syria responsible for the detection of crimes and for Amjad. “As the regime facilitates arrests and know of cases in which the shabiha raided our activists have come to learn. Once they are the correspondent gathering of evidence. In the blackmailing of families, shabiha as well as area and simply arrested young men, regardless released, they either try to contact families practical terms, the Fur’u are the centrepiece of regular soldiers of the regime can generate a of their background. That explains, why several directly or they share their knowledge through secret service torture chambers. Some of them, secondary income for themselves. Soldiers no young men who are actually supporters of human rights organisations. This is where for instance Fira’ 215, generate especially brutish longer have confidence in the regime but now the regime are imprisoned as well,” reports Syrian public figures, such as Yara Sabri, assume images of torture amongst Syrians. The Syrian they see their opportunity to profit.” Lama, who has committed herself to the an important role. She is perceived as a person 34 The Malice of Power: Arrests in Syria as Part of a Politico-Economic Rationale The Malice of Power: Arrests in Syria as Part of a Politico-Economic Rationale 35

of trust and makes contact with the families. The Anti-Terrorism Court offer a basis for wide-ranging corruption. He was immediately transported to the central On her Facebook page, she adds a new list of These are general amnesties which bring prison in Damascus, Arda. The officer accepted names of disappeared people on a daily basis. “The Anti-Terrorism Court is the most distinct remission of certain penalties with them, the money and was brazen enough to claim Many times, a statement issued by Yara Sabri expression of this corrupt system and trade with without determining the individuals it is that that had been the agreement,” Amjad has helped families uncover the identity of their the prisoners,” Rawan says. It was established by issued for beforehand. Payments are made recalls. My aunt was permitted to visit him in blackmailers. If they were notified that their presidential order and sits regularly since 2012. in order to receive a place on a list of those prison – even though you have the right to this family member could be released from the Fira’ This court denies the accused any defence. granted an amnesty. “You need a truly powerful visit, she needed to bribe staff in order to see by means of a certain lump sum and Yara can Judges are appointed by decree and explicitly intermediary in order to be added to one of him. He looked incredibly exhausted, they had tell them that their son was, however, last seen have full power of authority. “Some of these these lists. As soon as an amnesty is announced, badly tortured him. We had no other choice but elsewhere, they can still freeze the payment. judges are actually convinced that the accused prison officers start to promise families to place to ask the same officer for his help again, this Albeit there are many cases in central are terrorists. Most of them have simply bought their sons’ names on the list. Many are not aware time he demanded an additional 1,500 dollars. prisons that are presumed to be forgotten, it their position as judges with money,” Jamal of the fact that, regardless of the corruption, Everyone in the family started to sell property. is here that the “disappeared” emerge from explains and Feras adds: “In a position where amnesties are only valid in prisons, not for the My uncle was freed two weeks later: he had no oblivion. There are daily updated lists laid everything is at your own discretion, you are Fur’u,” Feras details. property left and he had been terminated from out publically in courts containing the names virtually urged into corruption.” He further his job. of those who are on trial. “I was arrested for explains: “This month, this court will make a Impacts at All Levels of Life putting the names on these registers online judgement in 3,000 cases. That is an enormous The Moral Dilemma – “This in an attempt to combat corruption and the number. The documentation used is primitive The extreme fear of arrests and the knowledge is What We Took to the exploitation of families. I contacted the families which leads to a situation in which we do not of the level of violence that awaits following the and informed them of what charges were know how many people have been convicted arrest is one of the driving forces which compels Streets against” being brought forward against their children. and how many have been cleared from charges.” families to pay lump sums which cause them In some cases, viewing the charges, it is clear The VDC counts 70,000 cases that have been to find themselves in a dire financial situation. Even though Rawan, whose husband has been that the accused will be released immediately – transferred to this court up until 2014. Amjad recounts how the arrest of his uncle had imprisoned since 2012 and has been transferred if this information is made publically accessible, The Anti-Terrorism Court is the judiciary an impact on the entire family. His uncle was to central prison in the meantime, is aware of nobody will be able to extort money from these of a regime that claims to be leading a war subject to a random arrest at a checkpoint. He torture practices in prisons, she is not willing to families. A large part of our work as honest against terrorists since March 2011, and that was not presented with any charges and he pay – precisely because her husband had been lawyers is elucidation.” renders it a strong symbol of a trend in regime was not searched before. “After my uncle was politically active. She believes that corruption The value of attorneys is measured ranks: those in key positions have abandoned arrested, I went out in search for a ‘key’ in an in the last couple of years has led to an even according to their contacts. Jamal and Feras the motivation of defending an alleged anti- attempt to find out where he was being held. more corrupt system, and that it has fuelled reveal: “When it comes to freeing someone in imperialistic, socialist system long ago. In fact, A high-ranking officer charged 60,000 SP for the dynamic of more and more arrests – as a court who is charged with a violation that is the interest in personal profits predominates that at first, about 300 dollars. Upon receipt replacement for regular income. “Corruption rated as a grave offence by the regime, a Simsar political motivation. The regime has created of payment, he told us that my uncle is in begins with us. We are the reason. We took is needed. He is a kind of broker, an attorney an elaborate structure of profiteers who have department 720. Then he demanded 340,000 to the streets in March of 2011 and protested who secures their clients’ freedom through a selfish, not an ideological, interest in the SP, which was about 2,600 dollars at the time. against the corruption in Syria… But as soon money and contacts. That way, a charge for regime’s survival. We scraped the money together, and sold his as the arrests started, we were the first to be smuggling ten tons of explosives can quickly The omnipotence of this court reveals that car and all of my aunt’s jewellery. As we had prepared to pay. We have given the regime this turn into a charge for smuggling ten litres of corruption in the business of life and death is no guarantee that my uncle would actually be power. If I pay, I only invigorate the regime. We diesel,” Jamal tells us. not restricted to the lower ranks alone: in this freed, the money was deposited with a third should have taken a stand in the very beginning case, judges are the ones who benefit in the party. We are not aware of this officer’s rank, and denied them bribes [rashwa]… Instead, chain of beneficiaries. Suspended sentences but he obviously had contacts. My uncle was bribery has now even increased and it has are their personal commodity, and amnesties indeed released the next day – from the Fira’. become more widely accepted. If you deem it 36 The Malice of Power: Arrests in Syria as Part of a Politico-Economic Rationale Corrupted Still? Four Years After the Revolution, Ex-Regime Assets Remain Contentious in Tunisia 37

legitimate now, why did you protest against However, the significance of violent it in the first place?” Rawan passes critical excesses exceeds the realm of economy. They judgement on those who, in an attempt to save are part of a government modus operandi: in Corrupted Still? Four Years After the Revolution, the lives of their relatives, support corruption. line with the period preceding 2011, information However, she also recognises that not only from the depths of torture chambers is to be political activists are being targeted: “The spread amongst the population. This way, the Ex-Regime Assets Remain Contentious in Tunisia many bystanders who have been taken from people are to be rendered submissive even checkpoints – of course I understand that their without the direct application of physical Legal Agenda families want to free them,” she says and adds: violence. Obedience in place of appreciation, “Families are the victims, but through these intimidation in place of legitimacy is to secure arrests, the regime reels them into its circle the continuity of the regime’s reign. At the of corruption and its own survival. That is the same time, the apparent corruption at all levels malice of its power.” without exception – and especially at the level It is a moral dilemma from which one of the Anti-Terrorism Court – suggests that cannot withdraw oneself in circumstances the bearers of the regime act less and less for where deaths in interrogation centres and ideological reasons. prisons have become a daily occurrence. “Save “The regime is not collapsing. It has the rest,” Feras, in his role as a lawyer, says in simply developed into a regime of cliques. reference to a campaign of the Syrian civil The military and safety institutions are now society, for which the case of the disappeared militias and gangs. Every gang leader has Editor’s note is more than just a politico-economic file. One been appointed by the regime. The regime no of the flyers that they secretly distributed in longer has full control over these groups,” that The Tunisian public welcomed decree-law no. 2011-13 issued on March 3, 2011 that called Damascus reads: “Not everyone underground is the assessment made by activist and political for the confiscation of assets acquired by the former Tunisian President Zine el Abidine Ben is dead, there are thousands of lives waiting to analyst Kifah. “And yet, if it chooses it can easily Ali, along with 143 of his family members and close associates during his rule. The period be saved.” shut them down. Bashar al-Assad has simply in question lasted from July 11, 1987 until January 14, 2011. At the time it was issued, the become the leader of the largest militia.” confiscation decree was regarded as an act that embodied the fulfillment of one demand of The Political Economy of Tunisia’s “Dignity Revolution.” Among the most prominent revolutionary slogans were those Arrests This text is dedicated to all those arrested and calling for the recovery of assets plundered by the ruling family1 . Political discourse around disappeared in Syria. the confiscation of these assets took advantage of popular support for these measures as Is the wide-spread corruption in the security well as for a liberation from the power that “the ousted family had held over the national sector an indication of state disintegration This article is based on personal contact with economy”. Furthermore, confiscation was celebrated as a step towards enacting the equitable or a technique which ensures the regime’s the subject matter and eleven qualitative redistribution of wealth among individuals and other entities. survival? There are conflicting views in this interviews with people affected, activists and Unfortunately however, the Tunisian public’s anger towards the ruling family prevented respect. Political economist Jihad Yazigi argues legal practitioners. The individual point of any public discussion around the obligation for the confiscations to comply with the right to that the “informal economy comprising looting, view and experience of the people concerned a fair trial. Likewise, the Tunisian Constitution neglected to protect revolutionary procedures kidnapping and smuggling” has established is the focal point as, even though the system from judicial oversight. Four years after the revolution, The Legal Agenda wishes to raise itself as a crucial source of income because of corruption is part of a political economy questions about the effectiveness and legitimacy of the confiscation measure in the hope of the security situation had rapidly deteriorated. at a larger scale, every arrest and every soliciting a response from the Administrative Judiciary, which has committed to take on legal “Entirely new business networks, often illicit, disappearance impacts immensely not only on cases that seek to overturn the confiscation orders. are emerging and new groups and individuals the life of the disappeared person, but also on This article is an edited translation from Arabic. An earlier version are being empowered at the expense of the the lives of their family members. article was first published in April traditional business class,” Yazigi writes. 2015 by the newly established In alignment with Elisabeth Picard’s (1996) Tunisian Branch of Legal Agenda in Arabic in its first print edition comments on Lebanon during the period Mufakkira Qanuniya Tunis No 1 of the civil war, this outbreak of violence http://www.legal-agenda.com/ does not seem to be a by-product of state article.php?id=1056&folder=articl es&lang=ar disintegration, but rather seems to point and later in English under to the opposite: It seems the Syrian regime http://www.legal-agenda.com/ has created a system of corruption and self- article.php?id=1056&folder=articl es&lang=ar enrichment within the political economy of the The Legal Agenda is a Beirut - war as a means to secure its survival. Arrests and and since 2015 Tunis - based disappearances are part of an entire set of post- independent non-profit organization that addresses issues 2011 mechanisms to facilitate self-enrichment. of legal activism, reform, and 1. The first section of decree-law no. 2011-13 dated to March 14, 2011 states: “Confiscate on behalf of Already before 2011, corruption belonged transformation in the context the Tunisian State in accordance with the conditions stipulated by this decree and on the date of its of social and political change in to what Bassam Haddad referred to as „crony issuance, all assets, movable, real estate, and rights acquired after November 7, 1987, and belonging to the Middle East and North Africa. capitalism”. New, however, are the militias. To the former president of the Tunisian Republic Zine el Abidine Ben al Haj Hamda Ben Haj Hassan Ben Ali, This article was written by Legal and his wife Layla Bint Muhammad Ben Rahuma al-Tarabulsi, and the other individuals specified on the allow them free reign thus secures their loyalty Agenda´s team in Tunisia. list attached to this decree, and others of whom it has been established that they attained their movable Interviews for this article were to the regime. or real estate assets or rights due to their relationship with those people.” conducted by the Tunisian journalist Hnai J’mai. 38 Corrupted Still? Four Years After the Revolution, Ex-Regime Assets Remain Contentious in Tunisia Corrupted Still? Four Years After the Revolution, Ex-Regime Assets Remain Contentious in Tunisia 39

Who Administers magnitude of the estimates of the value of and the Ministry of Finance both refused to and judicial managers of the assets (or their Confiscated Assets? the confiscated assets, and the absence of a reply to any correspondence. The commission’s judicial trustee and creditors), or to incorporate reference to them in the public budget. It also inaction led to continued judicial management them into companies experiencing financial Our inquiry into the management of the leads us to believe that the estimates of the of the confiscated property”. difficulties, or to sell them or place them on the confiscated assets began with an examination value of the confiscated assets compiled by the We asked about the managers’ handling market so that they can meet their expenses of the confiscation order issued under Confiscation Commission are not reliable. of the confiscated property, and about the and preserve some of their profits rather than decree-law 13 stated above. This led us to the As a result of these findings, we sought reliability of information stating that, “poor continue to fall behind.” Confiscation Commission of the Ministry of a meeting with a representative of the management led to the bankruptcy of a number Abdelatif confirmed that, “during the four State Property and Land Affairs. We met with Management Commission. During five of institutions and the damaging of a number of years which have passed since the Tunisian the president of the Commission, Judge Riadh different attempts to contact the commission’s items of movable property”. Our source within revolution, [public] general directors were Boujah, who told us that the Commission had president, we received the same reply: “The the judiciary confirmed that the large number placed in charge of managing the affairs of overseen “the confiscation of 530 real estate official is in a meeting. If you wish to speak to of confiscated assets, and the complexity of institutions whose state ownership levels properties, 650 companies, 24,739 items of him, you must supply a written agreement the measures taken to secure them had led exceed 80%, and they were granted broad movable property, 73 billion dollars and 1.5 from the supervising ministry (i.e., the Ministry to difficulties in their management. He noted administrative powers. These appointments million Euros, and 173 luxury cars, among other of Finance).” We attempted to obtain such an that the judiciary’s management of the assets have opened the door to excesses and items.” He also said that, “the operation included agreement from the Ministry of Finance, but had been assumed to be only a temporary to irresponsible management”. Abdelatif expropriating all material gains acquired since despite an earlier promise to do so, the ministry measure. Because it seemed to us that this was also revealed that those directors were not July 11, 1987, with the exception of property refused to grant us an appointment with the a sensitive question, we decided to go directly employed in accordance with the law regulating gained through inheritance” (an exception that president of the Management Commission. to the judicial officials who had been managing public service, which determines the powers of was added later). When we asked about how Convinced that there was a decision to the confiscated property. the officials responsible for public institutions these confiscated assets were being managed, disguise the commission’s work, and in the and specifies how they work. he informed us that the disposal of the property hope of better understanding the commission’s Some Confiscated Abdelatif’s claims in this matter were also fell outside the purview of his Commission, and refusal to talk about it, we sought to investigate Companies Nearing confirmed by the General Rapporteur for for fell under the responsibility of the “National how confiscated assets were being dealt with State Disputes. Judge Emad Abdali told us that, Commission for Management of the Assets and who managed them. It became clear to us Bankruptcy “some of the property, such as boats, yachts, cars, and Funds Subject Confiscation or Recovery that the Management Commission was not, in and planes, is partially damaged because, for in Favour of State” (hereafter, “Management fact, managing anything – which may explain We posed our question about the financial four years, it has been exposed to the elements Commission”). This Management Commission its circumspect behaviour. We discovered status of the confiscated properties to Nabil of nature and a lack of maintenance”. He added was established through decree-law no. 2011- that the actual administrators of the majority Abdelatif, the person that the court had that, “those properties were overseen by court- 68, dated July 14, 2011. of confiscated assets were members of the entrusted with the management of one of appointed administrators who did not have We asked Boujah about his opinion of judiciary .1 the confiscated companies. He replied, “that a the legal right to sell or liquidate the assets, the division of labor between his confiscation A source within the judiciary, who asked number of the confiscated institutions placed nor to manage them in any way”. He added commission and the management commission. not to be identified, explained the connection under the judicial administration are suffering that, “failing to lift judicial trusteeship [over the He said that, “the choice to establish two between the judiciary and the Management from financial difficulties and are on the verge assets] was ill-advised”, and asserted that the committees was ill-advised”. The disagreement Commission’s portfolio regarding the of bankruptcy”. He pointed out, “that falling confiscated companies were placing a serious, between the two committees over who is confiscated assets. He stated that, “in 2011, revenues of some of the confiscated institutions, material burden on the state. responsible for transferring the properties to the General Rapporteur for State Disputes and others nearing bankruptcy, is due to the In sum, the process of confiscation had the state is, in Boujah’s estimation, evidence of issued judicial decisions ordering that judicial fact that their previous owners had unrestricted become a burden on the state, and the state the poor choice to create two committees. administrators be named to oversee the powers and were selectively accommodated, administration of confiscated property had Thus, Boujah revealed the presence of confiscated property, until such a time that the both in legitimate and illegitimate ways, in been transformed into a case of corruption. The overlaps and a conflict of jurisdictions between state was able to take charge of them”. The same order to increase revenues and achieve a reasons behind this corruption are numerous the frameworks of the two commissions. source revealed “that the judiciary assumed high rate of profit. Judicial administrators do and are linked to practices of bureaucracy, He mentioned that the overlap had led to a temporary obligation to administer the not enjoy such powers or [accommodations]; opportunism, and negligence. One such disputes between the commissions, and that confiscated properties, in order to guarantee consequently, it is only natural that revenues reason was the administrative bureaucratic the Administrative Court had ruled, in an the rights of all parties, including the state. should decrease. This explains, to some extent, decision to split the confiscation responsibilities advisory opinion, to attribute responsibility Upon the creation of the commission to the financial problems facing some of these among different commissions that were not for transferring real estate holdings to the manage those assets, the judiciary asked those companies”. coordinated in their work. Another was the Management Commission. He told us, “that who were in charge of their disposal to make In Abdelatif’s view, the deteriorating state reliance upon commissions made up of a the issue of who should take responsibility for contact with the Management Commission of some of these institutions is due to the limited number of people, the majority of whom the expenses and procedures for transferring and request that they initiate proceedings to fact that the law regulating the [confiscation] were part-timers. Other reasons included: A registered real estate property alone, had hand over the confiscated assets, so that the operation was impromptu and imprecise. “It lack of oversight by the entities executing obstructed the transferal of 120 real estate commission could assume management of was necessary to specify a period of time the confiscations over the actions of those properties to the state”. them. However, the Management Commission for confiscating assets that did not exceed a who were actually managing the confiscated The work of the Confiscation Commission year, to avoid opening the door to haphazard properties; opportunist management of the thus appears to be namely administrative. management of those properties, he explained. properties, particularly in the case of larger 1. Judicial administrators control close to 80% of The commission is in charge of preparing lists confiscated companies, i.e., around 400 compa- “Subsequently, a decision was adopted in companies that were sold; as well as, the of those whose assets would be confiscated nies, in addition to their management of all seized these companies either to sell them, in the avoidance of administering portfolios of assets and estates. The remaining confiscated and taking inventory of those assets based companies are overseen by state-appointed ad- presence of representatives of the Confiscation confiscated properties that deserved effort and on their documented value. This explains the ministrators that operate under an unclear criteria. Commission, the Management Commission, labor. 40 Corrupted Still? Four Years After the Revolution, Ex-Regime Assets Remain Contentious in Tunisia Corrupted Still? Four Years After the Revolution, Ex-Regime Assets Remain Contentious in Tunisia 41

Consider for instance the process of attempting to recover them – raising questions took power as the start of the confiscation of the decree should not be read at face value, and confiscation conducted by the Minister of about the future of the revolutionary decree. assets he acquired, and suspicion of corruption is far from serving the interests of the Tunisian Finance. The ministry selected some of the of others affected by the decree is presumed to people; it was not intended to fulfill the goals largest and most iconic Tunisian companies, Waiting for the Judiciary’s begin from the start of their relationship with of the revolution”. For those reasons, al-Rizki made up mostly of banking institutions (or Ruling: The Legitimacy the Ben Ali regime”. concluded our discussion by saying that, “the institutions with shares in banking institutions), Al-Rizqi also pointed out that, “the fortunes of those who have brought legal cases as well as transport and communications of the Revolutionary confiscation decree does not comply with the to lift the confiscation orders are ample enough companies, and singled them out for special Confiscation Decree United Nations Convention against Corruption to restore the assets”. treatment by placing them under the (UNCAC), as it does not respect the most In conclusion, the process and procedures Al-Karama Holding Company, in order to We learned that a significant number of important of the convention’s conditions – of confiscation have turned into a portfolio of subsequently sell them off to private investors.2 individuals whose assets were designated which states that assets [targeted] be the result “shifting sands.” Moreover, everyone we talked to It remains unclear as to how Al-Karama Holding for confiscation have brought legal cases to of corruption, and not the result of a person’s agreed that it included corruption – although managed 58 large confiscated institutions. The the Administrative Court, challenging the ordinary, natural actions”. He confirmed that, they differed in how they defined the form and debates about its management, particularly its legitimacy of the confiscation decree. A number “the decree can be considered flawed because extent of that corruption. Some, who asked not subdivision concerned with selling, did not lead of these cases will soon be forwarded to the of the fact that it did not refer to the matter to be named, pointed to suspicions surrounding to questions about carrying out confiscations Administrative Courts of First Instance. This of verifying whether or not the assets had the transformation of the confiscated assets with the aim of an equitable redistribution prompted us to ask about the seriousness of been legitimately obtained by the judiciary – into a cash cow for the political class, as well as of resources. This is despite the fact that the the appeals, and whether the Administrative something that makes the text [of the decree] for the well-connected, influential individuals process of selling off assets benefitted major Court will actually rule on the legitimacy of the an infringement upon the right to property with connections to that class who have been businessmen connected to the confiscated confiscation orders or merely declare that it ownership”. He added, “it is possible to compare provided with whitewashed assets in exchange companies, given that in many cases, there lacks the jurisdiction to do so. the confiscation decree to the 1959 law on for their silence on their corrupt origins. was no competition when the companies were We asked Emad Abdali about the facts of confiscation to illustrate its faults. The 1959 Thus, confiscation has transformed from a placed on the market. the cases and their prospective outcomes. He law specified an Administrative Commission revolutionary event to a portfolio of corruption; It appears then that the state failed to declined to reveal details, citing his work on to calculate the assets and take inventory of what we have managed to discover and publish manage the confiscated properties, and was behalf of the general authority for state disputes, them, limiting their roles to these tasks alone, here is only the tip of the iceberg. more interested in selling off large companies which represents the state in cases relating to and allowed judicial challenges to decrees for quick profits, while overlooking other confiscation. However, he speculated that, “the of confiscation.[4] Consequently, its statutes confiscated companies. The administration Administrative Court would not respond to the constituted sound legal procedures that of these companies is characterized by mass challenges to the confiscation order, as it was respected the principle of the right to appeal corruption, turning it into the country’s largest a legislative decree, which falls outside of the and established the soundness of the source of case of corruption since the revolution. At jurisdiction of the court”. assets whose confiscation was sought. The new the same time, the Constitution’s neglect in We posed the same question to Yussef confiscation decree was not in compliance with insulating confiscation procedures from judicial al-Rizqi, a legal researcher and lawyer. He was these matters”. dispute is a source of real danger vis-à-vis the of the opinion that “the confiscation decree was Al-Rizqi concluded by stating “that the confiscated assets, since those individuals issued under the influence of public pressure, confiscation decree came to serve the interests whose items were confiscated are now and did not include objective measures of those who put it into place – the head of specifying what constituted the corrupt assets the government and the then-president of 2 The founding of Al-Karama Holding Company subject to confiscation. The decree was aimed at the republic, both of whom were emblematic was announced on July 26, 2012.[4] Laws 136 those who were close to the head of the former of the old regime – and with them, entities and 137 of 1959 concerned the confiscation of real estate properties of a group of those close to regime, rather than looking into financial which were in control and governing at that the Beys, i.e. the Hussein family. corruption per se; it specified the date Ben Ali point in time. Consequently, the text of the 42 Illicit Enrichment Illicit Enrichment 43

Illicit Enrichment

Michèle Zirari

The UN Convention against Corruption Defining Illicit Enrichment An Attempted Definition prove that they did it by lawful means. recommends in its Article 20, the criminalization However, just like the principle of legality of illicit enrichment: In order to reach such a definition, it is Enrichment can be defined as the fact of of offenses and sentences, the principle of "Subject to its constitution and the necessary to specify the criteria that would increasing one’s property; the fact of making a presumption of innocence is one of the bases of fundamental principles of its legal system, justify describing enrichment as illicit. Indeed, fortune. This is the definition of the dictionary. criminal procedure. The Universal Declaration each State Party shall consider adopting such in order to create an offense, it is necessary Enrichment in this sense cannot constitute of Human Rights (Article 11-1) reads: «Everyone legislative and other measures as may be to provide a precise description as imposed a criminal offense. In order to consider charged with a penal offense has the right to necessary to establish as criminal offense, when by the principle of legality of offenses and enrichment an offense it must be illicit. But be presumed innocent until proved guilty the committed intentionally, illicit enrichment, sentences – a principle that can be considered how can illegality be proved? Proving illegality according to law in a public trial at which he that is, a significant increase in the assets of a universally recognizeed since it is enshrined relies on demonstrating the illicit act causing has had all the guarantees necessary for his public official that he or she cannot reasonably in the Universal Declaration of Human Rights enrichment, be it theft, fraud, breach of trust, defense.” This is also reflected by the Covenant explain in relation to his or her lawful income. “ (Article 11-2): "No one shall be held guilty of any corruption, etc. This, consequently, cancels any on Civil and Political Rights (Article 14-2). The But what is illicit enrichment? There are penal offense on account of any act or omission interest in the creation of a new offense, since presumption of innocence is enshrined in the various offenses under the Penal Code that which did not constitute a penal offense, under it entails the obligation to prove an offense that Moroccan Constitution – “the presumption criminalize illicit means by which a form of national or international law, at the time when already exists in the Criminal Code. of innocence and the right to a fair trial is enrichment is obtained. This applies to theft, it was committed. Nor shall a heavier penalty In this context, it is necessary to propose guaranteed» (Article 23, 4th paragraph) – and fraud, breach of trust, corruption, influence be imposed than the one that was applicable a new offense that says «enrichment that in the Code of Criminal Procedure. Under the peddling, etc. In these cases, it is the means at the time the penal offense was committed.” is too fast and difficult to explain», and use presumption of innocence, anyone charged is used that is sanctioned: the fraudulent The principle is repeated in the same terms by the definition given by the United Nations presumed innocent, and it is up to the plaintiff removal of something that belongs to others Article 15 of the covenant on civil and political Convention against Corruption: a significant in the criminal proceedings (Prosecution) to in the case of robbery, the act of misleading a rights. increase in the assets of a public official that he prove the guilt of the accused. person to obtain illegitimate financial profit This principle has featured in all Moroccan or she cannot reasonably explain in relation to This is a well-established procedural rule in the case of scam, the fact of charging for constitutions. In its first paragraph, Article 23 his or her lawful income. stipulating that in any trial, the burden of services that are normally free of charge in the of the 2011 Constitution stipulates that: "No The illicit nature of enrichment would proof is on the applicant. Within criminal trials, case of corruption... Enrichment is only the person shall be arrested, detained, prosecuted therefore consist of the person charged the Prosecution, which plays the role of the consequence of an action that was observed or convicted except in the cases and forms merely being unable to prove that their applicant, holds the powers bestowed on it by and is not sanctioned as such. Being the result prescribed by law”. Similarly, Article 3 of the assets correspond with their revenue. Is such the State, while the person charged is a private of an offense, if the latter is defined as such Penal Code stipulates that «no one shall be criminalization possible? Establishing as a individual reduced to their own possibilities. in trial and the perpetrator is convicted, the convicted for an act that is not expressly criminal offense the behavior of individuals Additionally, the Prosecution is not a party like decision may provide for the confiscation of the provided for as a criminal offense by law, nor who cannot reasonably justify the detention of the others (accused, civil party, civilly responsible enrichment, restitution and damages. can they be punished by sentences that the law estate in relation to their legitimate income has person). As a representative of society, it has a If no offense was established however, has not established.” raised the concern of many legal practitioners preeminent position and enjoys much broader would it be possible to prosecute and try This is a fundamental rule in criminal law and human rights defenders, to whom such rights throughout the course of the procedure. the holder of an enrichment that seems that constitutes a safeguard against arbitrary a proposal is contrary to the principle of This preeminent position explains and justifies excessive? In other words, can enrichment judgment, since it precludes the judge from presumption of innocence. the presumption of innocence. However, asking be punished even when the origin remains punishing for a behavior that is not expressly the person prosecuted for illicit enrichment to precisely unknown? This inevitably raisers prohibited by criminal law and/or from Implementation Challenges provide justifications of their fortune can lead some challenges. The UN Convention uses the imposing a higher sentence than the one to reversing the burden of proof and would term «illicit enrichment.» Therefore, only illicit provided for by law. Accordingly, respecting If any enrichment that is difficult to explain therefore be contrary to the presumption of Michèle Zirari, Phd in law. Former enrichment can be criminalized. the principle of legality does not exclude the is taken to court, the explanation can only come innocence. professor at the Faculty of Legal, Economic, and Social Sciences of The first issue to resolve is the definition of criminalization of illicit enrichment but makes from the one who got enriched. This, therefore, Another issue raised by the criminalization Rabat-Agdal. “illicit”. it mandatory to give it a precise definition. involves asking the person who got enriched to of illicit enrichment is the determination of 44 Illicit Enrichment Illicit Enrichment 45

excessive enrichment that will be considered requires careful thought. It is first necessary to illegal. On the one hand, it is almost impossible determine to whom the control should apply. to count all the people who got enriched and Targeting too many people would make it how they did it. While some people like to show ineffective, while targeting too few people off their wealth, others who are more cautious would make it uninteresting. One can imagine prefer to hide, or export it. On the other hand, a mandatory inspection for certain officials and it would be ridiculous to take to court all those random inspections for others. who got rich. Only those who got rich by illegal As a second step, the monitoring bodies means should be brought to court. It is therefore should be organized in such a way to fulfill their essential to determine what enrichment can task independently and efficiently, in particular be considered illegally obtained and who is the committee whose investigations could lead responsible for the decision to prosecute. to a reversal of the burden of proof. Denunciation, be it individual or through The control means aiming to detect money the press, that leads to prosecution must laundering operations could also serve to obviously be avoided. It is not desirable detect illicit enrichment. either to leave it up to the Prosecutor to Money laundering can be defined as the decide who to prosecute simply because the act of acquiring, holding, using, converting Prosecution has doubts about the legality of or transferring assets for the purpose of the assets acquisition. Such power given to the concealing or disguising their origin, when they prosecutors would imply a substantial risk of are the result of a criminal offense. arbitrariness. The existence of reliable means of In Morocco, the law on money laundering detection is a prerequisite for sanctioning illicit provides for the monitoring of capital enrichment. movements. The Financial Intelligence Assets control of officials most vulnerable Processing Unit is in charge of collecting to corruption can be an illicit enrichment and processing information related to detection means. money laundering, of ordering inquiries, and A rigorous and reliable mechanism of constituting a database of recorded offenses. assets control would allow considering the The work of the said Unit does lead to criminalization of illicit enrichment. The illicit enrichment detection, but not to direct establishment of an unexplained increase in incrimination. The law does not provide for wealth during periodic controls would result a reversal of the burden of proof that would in the creation of a specialized commission make the person against whom suspicions mandated to investigate more thoroughly. arise at risk of being condemned if they fail In the event that a thorough investigation to justify the legal origin of their enrichment. shows an imbalance between the assets of the When the Unit refers the case to the prosecutor, reported person and their income, this would if the latter decides to bring the suspect to reverse the burden of proof and the person court, it is up to the prosecution to prove could then be brought to court on the basis of the illegal sources of enrichment in order to the findings of the investigating body and will punish money laundering, and consequently have to justify any doubtful elements. prosecute offenses that led to it. The establishment of such an organization Nevertheless, the law expressly stipulates 46 Illicit Enrichment Illicit Enrichment 47

that the prosecutor and the judge may request to have a lifestyle that is unrelated to their legal the disclosure of all documents and information income.” gathered by the Unit, which facilitates proof of There is no indication of the presumptions enrichment and the offense that led to it. that would prosecute a person, and no indication of the authority in charge of making An Overview of the decision. Comparative Law The same reproach can be addressed to Algerian law No. 06-01 of 20 February Some states punish illicit enrichment with no 2006 on the prevention and the fight against restrictions. Others criminalize illicit enrichment corruption, whereby article 37 punishes by but under the condition of proving it based on two to ten years in prison and a fine "any public a precise prior item, or consider it as evidence. official who is unable to reasonably justify a substantial increase in their assets relative to The Offense of Illicit Enrichment their legitimate income.” Punishable by Law The law sets up a provisional control (Articles 4 to 6 and Article 36), the terms of Argentina introduced illicit enrichment in its which must be in the most part defined by Criminal Code in 1964. Under Article 268 of the regulatory means. But the law does not set the Code: "Whoever, after being duly required, does link between assets control and the offense of The same mechanism applies to the persons more for political reasons than for improving not justify the origin of a considerable assets illicit enrichment, and it also remains silent on living with someone engaged in prostitution, transparency and governance, because the enrichment... posterior to access to a position the decision to prosecute. Given the definition to the persons living with someone engaged initiative to trigger prosecution seems to in public service will be punishable by two to six of the offense, one can fear a deviation from the with begging, and to the persons who holds a depend too much on the appreciation of the years’ imprisonment and disqualification from principle of the presumption of innocence. usual relationship with persons belonging to a public prosecutor, and therefore the Executive. public service for three to ten years. The proof Morocco seems to embark on the same criminal group. In these cases the inability by Criminalization of illicit enrichment of enrichment will be kept secret and will not be path since a draft penal code recently made the person to justify their revenues may result may be introduced in the legislation while used against them for any other matter...” public by the Ministry of Justice provides in conviction. prosecution assumptions are not specified This law has faced serious criticism with in article 256-7 for the punishment of illicit Canada considers illicit enrichment as a with utmost caution. The persons or entities regard to the unclear definition of the offense enrichment: "any civil servant who, after piece of evidence that can be presented at the that can trigger legal proceedings should be on the one hand, and to the reversed burden holding their position, showed a substantial trial of a person charged with corruption but defined restrictively. The elements on which the of proof on the other hand. According to and unjustified increase of assets compared not as a specific offense. proceedings can be based must be provided criticism, the law underlies "a presumption with their legitimate income, and who have not In Ireland, the Proceeds of Crime Act is precisely enough in order to justify a reversal of of guilt. Indeed, the law presumes that the proved the legitimate source of the increase.“ intended to fight against organized crime. The the burden of proof which ends up, whatever increase in the assets is of illicit origin, and then Illicit enrichment: Evidence or a worsening Criminal Assets Bureau (CAB) was created as the precautions taken, raising criticism from makes it the responsibility of the person under factor of another offense? a special police unit that can request a high advocates of fair trial. investigation to reveal their lawful origin... It The French penal code does not criminalize court’s decision to seize and confiscate the seems logical to conclude that this is a reversal illicit enrichment as a specific offense. proceeds of crime. Confiscation can take place of the burden of proof and therefore a violation However, in some situations, enrichment is without criminal conviction, but evidence of the presumption of innocence." According punishable because the legislator considers it a remains the responsibility of the CAB to prove to the author of this 2001 article, no conviction consequence of specific circumstances that cast that the property was acquired illegally. In 2005 was made on the basis of this law. serious doubt on the legality of its origin. In such the same legislation was made applicable to According to a Transparency International situations, it is up to the Prosecutor to prove the public servants, but a corruption conviction document, an amendment to the Penal Code said circumstances in order for the enrichment is required before prosecution for illicit in 1999 allowed prosecuting officials for illicit to be sanctioned. However, it is noteworthy enrichment. However the burden of proof may enrichment. Penalties included imprisonment, that this legal text does not concern illicit be reversed if the prosecutor proves a predicate fines and dismissal from public service. But enrichment by public servants at the expense offense. jurisprudence has subsequently claimed that of public funds, and that the offense it concerns the measure punishes failure to justify the has nothing to do with corruption. Conclusion enrichment but does not reverse the burden What the code covers is the case of a person of proof. Therefore it is the prosecution’s who is unable to justify resources in relation The above argumentation shows the responsibility to prove the absence of with their lifestyle while living with a minor challenges facing the criminalization of illicit justification – a negative type of evidence that who engages in offenses against assets. There enrichment if one wants to abide by domestic remains always difficult to provide. is actually a reversed burden of proof because and international rules that must apply to the In 1981, Senegal decided to punish illicit if the person is unable to justify the resources conduct of a fair trial. enrichment with one to five years in prison, and corresponding to their lifestyle, they will be Comparative law clearly illustrates this provided the following definition: “The offense sanctioned (up to five years in prison and a point: the countries that have introduced of illicit enrichment is constituted when, upon fine), but this reversal is conditioned by prior it a long time ago, Senegal and Mali, have notice, one of the persons designated above, is evidence by the Prosecution that the charged not applied the laws for decades. The laws unable to prove the legal origin of the resources person lived with the minor and that the minor are now back on the agenda, but one can that allow them to be in possession of assets or did commit the offenses. fear that proceedings would be initiated 48 The Obligation of Public Information: A Means to Fight Corruption The Obligation of Public Information: A Means to Fight Corruption 49

The Obligation of Public Information: A Means to Fight Corruption

Okwe Ndong Vincent

With globalization and the emergence of of citizens in the management of public affairs The necessary need of the citizens for public administration, elected institutions, the knowledge economy, the free flow is contingent on their access to the information transparency will be thus for the authorities and the organizations having a public service of information has become a necessary owned by the public institutions. The very directly linked to the obligation of considering mission. The right for information can only be condition for personal development, economic essence of information lies in the cognizance and designing “knowledge routes for the whole restricted by law to protect national defense, performance, and social cohesion. During that is made outwardly free through general society”, especially in the new environment of the state’s interior and exterior security, as well the last two decades, a growing number of accessibility. Information, as a public good that the information society. The administration, by as the private life of individuals, to prevent the countries have adopted laws that seek to can be appropriated by any individual, the use making information available and accessible, infringement of the rights stated in the present provide the public with the largest possible of which will not taint its content, does not exist first makes the citizens contribute validly to constitution, and to protect the sources and the access to the data held by the administration, thus through its object, but through its goal the denunciation of the bad practices of their areas expressly stated by law”. and to develop information of general interest. and the relevance of its content. rulers as regards the management of public The constitutional requirements for the Likewise, intergovernmental organizations, From the rulers’ side, the right to affairs and public goods in order to put public quality and transparency of the public services development banks, and a given number of information obliges anyone who holds a public finances back in order (I); and second to the are laid down in title XII “Good governance, other financial institutions have set up a policy or a private mandate to be accountable to the advent of a more democratic society (II), since general principles”( art. 154 to 167). Thus, by of information disclosure. public permanently, by allowing them to have access to information will allow them to take laying down what the doctrine calls the “laws” of In order to improve the collection and access to tools enabling to control the use that part in the management of public affairs by the “public service”, article 154 states that: “The the retention of documents, facilitate the is being done with that mandate. The disclosure being informed about the ideas and projects to public services are organized based on the equal dissemination of information, and reduce of information enables citizens to take be implemented by the authorities. access of all citizens, the equitable coverage of administration management costs and the cognizance of the activities of their rulers, and the national territory, and on the continuity of costs resulting from the citizens’ use, the fixes the anchor point of a discussion structured A Right in the Service of the rendered services”. The article adds that the public authorities resorted to information on governmental action. Furthermore, with the Public Governance public services shall comply with the “standards technology which benefited from various absence of free access to information, it will be of quality, transparency, accountability, and economic advantages as regards research and difficult to achieve the goal of a “transparent The obligation for the public authorities to responsibility, and shall be regulated by the development, profit, and the promotion of administration”, which is a prerequisite to the make information available, besides its aspect democratic principles and values enshrined in competitively. In response to this movement, a consolidation of a true democracy. that promotes administrative transparency, the constitution». Concerning transparency and normative framework was deployed favoring Originally limited only to the administrative is justified also in the need for knowledge. In ethics, article 158 also states the following: “ Any the recognition of the right of access to law, in order to give a response to the research a democratic system, any public office shall person, either elected or designated in public information as an acknowledged prerogative of information by the public service users, the be accountable to citizens. Accountability is office shall make […] a written statement of the for each person, enabling them to claim and right of access to information has now become a key element in democratic governance. It is goods and assets held directly or indirectly by obtain any information they request as long interested in different other fields related implicitly recognized in the right for political them […] addressed to the court of auditors”. as it is not explicitly limited by a law, notably both to public and private law. Since then, participation which is based notably on the The objective of this obligation is obviously in order to protect the necessary interests of this right has moved from the exclusiveness idea that the government must answer for to prevent officers from any illicit enrichment democratic societies. of a right considered as being linked to the its actions before the people. The exercise during the exercise of their functions, and to The right of access to public information administrative governance, to a fundamental of public office shall be marked with the enable transparency in the management of derives directly from Article 19 of the 1948 right of the human person, which indicates seal of responsibility, ethics, morality, and public affairs. It is thus obvious that the need Universal Declaration of Human Rights and from thus a considerable evolution. Today, this right transparency. For this reason, it is compulsory of the citizens to be informed remains here the 1966 International Covenant on Civil and is at the heart of the strategies developed that the public authority develops principles imperious and it is necessary that notably Political Rights. It represents the essence of the by intergovernmental organizations and and policies aiming at facilitating the free flow those who generate the information are freedom of expression and opinion, and remains the actions lead by international civil society, of public information. “legally obliged to communicate it”. For, in this OKWE Ndong Vincent, Ph.D congruent with the other fundamental rights, notably the fight against corruption, impunity, The new Moroccan constitution proclaims case, all these legal constraints to communicate Student at Mohammed V which are the right of equality and the right of the promotion of good governance, and the the right of access to information. Article information are justified in order to respect University - Agdal. Faculty of Legal, Economic and Social Sciences - participation by citizens in the management of protection of the environment and the public 27 states that: “All citizens have the right values that are viewed as fundamental, such as Rabat. public affairs. In fact, the effective participation health. to access to the information owned by the the integrity of public officials. 50 The Obligation of Public Information: A Means to Fight Corruption The Obligation of Public Information: A Means to Fight Corruption 51

In parallel with the adoption of the new the public has effective access to information” constitution, the government approved (art. 13). two bills n° 31-13 on the right of access to Allowing citizens to know how major public information, respectively on August socioeconomic guidelines are taken is one 6th 2013, and July 14th 2014. While the 2013 of the first elements of the elimination of bill, despite its shortcomings was generally corruption. Access to public information finds viewed as acceptable, that of 2014 remains thereby a clear foundation in international law. regressive. In fact, instead of organizing the The Convention does not only invite the states access to information as it is proclaimed by to consecrate the right of access to information paragraph 1 of article 27 of the Constitution, as a response to the people’s requests, it calls and as it is recommended through international them to do it spontaneously. Through the practices, the 2014 text penalized it. Yet, the right of access to information, the public free movement of public information allows administration will be required to communicate citizens to perform an informal control on the information related to its missions, its administration’s mode of operation, as well as organization, its strategy, and its action plans, on the effectiveness, equity, and the integrity as well as on performance and activity indexes. of its action. In this context, transparency is The originality of the Convention lies in not only the best method to fight corruption, the important preventive measures for the abuses, the misuse of power, and the detection and penalization of corruption, enjoyment of political, economic, social, and representatives of the people a stronger footing embezzlement of public funds; it is also the last as well as in the cooperation between the cultural rights. Democracy aims mainly at for action. The right to know is therefore seen as stand against the dissipation of public funds. countries in this field. The Convention aims preserving and promoting the individual’s a key element of the functioning of a system of Promoting administrative control proves to be at promoting responsibility and the good dignity and fundamental rights, ensure social “self-government”, characterized by the control fundamental especially if we keep in mind the management of public affairs and goods. In justice, and encourage the economic and social of the administration by the users. It is now constant magnitude of the state’s intervention fact, with the liberalization of trade, countries development of the community. It is equivalent accepted and recognized that the freedom of in the social sphere. can efficiently capitalize on the intensive capital to a government that is efficient, honest, information constitutes and organizes the very In truth, transparency has become in and exchange flows to adhere to the dynamics transparent, freely chosen, and accountable for notion of democracy. Some even assert that in contemporary societies a recurrent topic which of global economic integration. One of the most its management. a democracy, publicity is fundamental because has seemingly found a privileged status in all important values that justify the free movement By involving citizens in the management it is the guarantee of freedom. Because, by social activities. The implied fundamental idea is of information is that the Convention advocates of public affairs, the government participates facilitating access to information, publicity that the public authorities have to act in an open transparency and democracy: a greater at the same time in the consolidation of represents the implementation of the very first manner. This openness should be reflected on openness of the administration towards the democracy. To be effective, this involvement meaning of freedom, which is the possibility to their activities and on the decisions they take. citizens: In general, transparency has to do with has yet to be global, which means that all the act knowingly. Better yet, this representation is based notably the opening of internal processes and decisions population’s categories have to be able to follow Moreover, the most important virtue of on the right of every person to “seek” and of an organization to a third party, whether or the government’s activities. Democracy is thus freedom is to allow any person to acquire a “receive” information and ideas, as guaranteed not involved in that organization. It is based on a seen simultaneously as an ideal to pursue and as knowledge that will lead them to form their by international law. Transparency is also non-negotiable right which is the right to know, a form of government to be applied according convictions, to determine real choices, and anchored in the idea upon which democracy is stated in article 19 of the Universal Declaration to the modalities that take into consideration to bring their contribution through their established, namely that “the will of the people of Human Rights and the International Covenant the diversity of experiences and cultural adherence to the adopted choices. It is therefore is the foundation of the government’s power”, on Civil and Political Rights. This fundamental singularities, without ever derogating from through the public authorities’ policies and the and without transparency, that goal cannot be right constitutes also the foundation of the internationally recognized principles, standards, way they will be implemented that citizens, fully achieved. Consequently, “free information”, that modern processes of accountability, and and rules. Participatory democracy is the sum and objectively informed about the respublica, is the right for every person to have access to legitimation of public finances. In this context, of all the mechanisms and procedures that can be able to take part effectively and in an the information held by the government, is an the transparency of the government’s activities enable to increase the participation of citizens enlightened way to the implementation of essential element of this right. becomes an indispensable condition for good in decision- making. It came to overcome the these policies. Also, the public authorities Thus, by focusing on the principles of governance and for the effective participation limitations of representative democracy in have to offer information in order to serve the transparency and access to public information, of citizens in the political processes. Access to terms of the participation of citizens in decision- “public interest”. The «Public interest «consists of the United Nations Convention Against public information is therefore a way to work making, implementation, and control. “considering information as a tool of control and Corruption (UNCAC), represents the impetus for democracy and good governance. It is also As holders of their sovereignty, citizens participation of citizens in public affairs”.Public behind any development process in any through the principle of good governance in have to be able to follow the activities of interest should authorize the derogation from country, be it individual, social, or societal. A the management of public affairs that the right their representatives in an objective way. legal restrictions for a larger access to public set of parameters contribute together to the of access to information contributes to realizing They should have the means and be able to information. In fact, unjustified restrictions to strengthening of this process which cannot the democratic ideal. judge the way in which the public authorities the citizens’ access to information and public yield positive results in a society affected are conducting their programs and actions. data limit their right to know. by corruption. The Convention obliges the A Right in the Service of Popular sovereignty is only meaningful when There are therefore, a myriad of resolutions, countries which have ratified it to take measures Participatory Democracy the public is well informed of the affairs of its declarations, and official reports emanating to improve “public access to information” ( art. government. The right to know constitutes an from the UN and its specialized bodies which 10), by “a) enhancing the transparency of and One of the main missions of the state of instrument for the equilibrium of powers, as recommend the formulation of guiding promoting the contribution of the public to democracy and the rule of law is to guarantee it strengthens the independence of opinion principles for the development and promotion decision- making processes; b) ensuring that to all citizens and to the whole society, the towards the public authorities, while giving the of “public domain” information. Among the 52 The Obligation of Public Information: A Means to Fight Corruption Lebanese Hip-Hop Artists (And Everybody Else) Rapping About Corruption 53

most relevant resources therein, the 2003 The quest for the efficiency of the Recommendation, and the guiding principles administrative action can also guide for the development and the promotion of transparency as regards the scope of Lebanese Hip-Hop Artists (And Everybody Else) the governmental “public domain”, published administrative decisions, because the in 2004. The 2003 Recommendation devotes antagonism between the secret and the real a whole chapter to the development of the interests of the administration reveals itself even Rapping About Corruption “public domain” content (line n° 15). In addition at the level of the content decisions. One can to this Recommendation, one can mention the therefore question the value of the decisions Muneira Hoballah Declaration of Principles and the Action Plan taken without having the official in charge adopted on the same year during the World accessing information, because of the rule of Summit on the Information Society (WSIS). secrecy, and all the facts and documents held Free information, as an instrument for by different government services. Generally, the the transparency of public and administrative segmentation imposed by security mechanisms institutions, offers through this evolution, the decreases to a minimum for each decision of the establishment of a participatory democracy, public authorities. This failure of participation which is an essential supplement necessary to by all qualified people diminishes sometimes the current regimes of participatory democracy. the value of the decision and does not always Indeed, the public debate in the social body, allow to evaluate all its exact consequences. which is a feature of pluralist systems, is only The situation is particularly worrying in “If you stop breaking, you become part of the decoration.” made possible on the basis of access to the foreign policy, where many decisions are taken information held by the public authorities. A in complete secrecy, and where the committed secret regime would prevent, in contrast, the mistakes seem irreversible. In fact, it is from the Volcano of Beirut, by Mazen el Sayed, aka El Rass. parliament, the courts, the press, or even the commonly accepted that a wider consultation citizens themselves from counterbalancing when the decision is to be taken can prevent “Yeah, corruption and hip-hop, they have nothing to do with each other,” joked rapper the enormous powers of the executive branch. such erring. In the United States for example, Edouard Abbas (Edd), sarcastically, when I revealed the subject of this article. I spoke with Today, the transparency of information provides President Kennedy admitted that the mistakes Edd about his work with Fareeq el-Atrash, a self-styled hip-hop band from Beirut. His a guarantee for democratic systems because made during the Bay of Pigs invasion in Cuba sentiment was echoed in the discussions I had with other local hip-hop artists. I assume it encourages good governance by curbing in 1961 could undoubtedly have been avoided, their forgiving frustration referred to the surfeit of articles championing Arabic hip-hop as corruption, and for the effective participation have information circulated more freely. the voice of the ‘modern Arab youth’: those framed as bold enough to publicly condemn of citizens to the production process of public Administrative transparency determines thus state oppression and corruption in the region. He laughed, “Yeah, yeah. This is what we policies. the effectiveness of the control of the public are doing with our music. We are trying to remove corruption from our society. It’s our broader aim, if you like.” Providing the public with information opinion, whose necessity is felt more in modern contributes to the efficiency of the democracies than in hierarchical, parliamentary, administrative work. In fact, transparency is or jurisdictional controls, which have proven to Even though the diversity in Arabic-language hip-hop might make generalizations used in decision-making which interests the be difficult to implement, and whose range is difficult, journalists seem to find it fairly easy to celebrate the music’s role in the perceived community, as it allows to take decision-making limited. Arab march for Western democratic values. Titles such as “Is hip hop driving the Arab more properly by considering the interests at Likewise, abuse in the practice of secrecy Spring?” from the BBC, and “Palestinians In Lebanon Find A Political Tool In Hip-Hop” from stake. As a witness of the proper and balanced removes the effectiveness of the protection of NPR, are indicative of the potential attributed to this musical genre. functioning of institutions, transparency some kinds of information that are particularly guarantees a better communication, whether sensitive. Just as «too much tax kills tax”, “too In some ways, Arabic hip-hop is spoken about in much the same way that Twitter, it is horizontal or vertical, internal or external. much communication kills communication”, or Facebook and NGOs are. With notable exceptions, before and after the revolts in the In this regard, it contributes fully to the “too much unnecessary secrecy damages the region, these ‘spaces’ or ‘tools’ are presented as arenas of equal opportunity for public efficiency of the administrative action. Like protection of the legitimate secret”, abusive dialogue. Journalists generally gloss over any class, gender, or race fault lines that exist in participation, transparency aims at erasing practices of secrecy take away a great amount and out of these sketched-out spheres in the Arabic-speaking region. the old vision of commanding administration of the force of the minimal system of the and at consolidating the consensus as a new protection of information. Al-Akhbar writes on some Arabic rap groups including Palestinian group Katibe 5 and operating mode around its different services. Edd linking their music to hip-hop’s roots in the United States. “Successful and honest Before being recognized and consecrated by attempts in Arabic rap have emerged from the heart of deprived neighborhoods in other countries, administrative transparency various parts of the Arab world. These are neighborhoods that resemble those where rap Muneira Hoballah is of Lebanese/ American descent and she lives was first implemented in US administrations emerged in the US, and later in Europe,” wrote Muhammad Hamdar of al-Akhbar. and works in Beirut. She holds an and in those of the Nordic countries, given MA in Critical Media and Cultural the principle of accountability of the Anglo- Here and abroad, a history of hip-hop is often recited as preliminary evidence of the Studies and she has worked in the fields of public policy, research, Saxon system, and later the French system. genre’s potential relevance to political and social life: The poorest sections of the Bronx and media. While managing a These administrations, while meeting the were given a voice, a platform for social influence, through lyrical deejays. Since the genre’s program on youth in the region, release into the mainstream, some performers have remained true to a marginalized she co-wrote a chapter titled challenges and serving the best interests of "Arab Youth and Media Expression" the administration, either at the level of the cause, mixing social commentary with entertainment, while others were held culpable published in 2011 by the Issam operation of its services or the scope of its for the propagation of social ills. Fares Institute for Public Policy and International Affairs - American decisions, have laid down the foundations of a University of Beirut and the policy of distribution of information. UNICEF Regional Office. 54 Lebanese Hip-Hop Artists (And Everybody Else) Rapping About Corruption Lebanese Hip-Hop Artists (And Everybody Else) Rapping About Corruption 55

doing much in terms of raising awareness. Rayess Bek did not disagree. He said that issues, such as nationalism, secularism and civil marriage, could be topics people were already Under the slogan of reconstruction aware of but that the music could still serve to unite people around a cause. If his time wasn’t up and his contract finished Hariri didn’t have to fly and it wouldn’t have become the Hariri airport El Rass expanded on the importance of language in the fight over words. “And this is why, Lebanon’s capital keeps balance between two shrines in the way that I understand rap, what we do is really about trying to be faster and more And on both assassinations, there is a question mark dynamic than the people we are fighting. It is about inventing new words. It is about One sanctifies death but for a reason inventing new formulas. It is about trying to deconstruct meanings of words in the minds And one sanctifies life with lies of people and replace them.”

- He emphasized the potential of the entertainment element in rap to help facilitate changes in behavior, understanding, or in thinking. He spoke more about his method, “I From the Volcano of Beirut, by Mazen el Sayed, aka El Rass have a tendency to dislike the option of restating the same things, like ‘we do not want to be divided’, or ‘we want to fight corruption’. I don’t do this stuff. In order to feel like I want to share a piece of work, I want to feel that it has added value.”

Because the Arab region as a whole is often represented as socially and politically impoverished or behind, the positioning of Arabic hip-hop inside generous odes to democratic ideals and western notions of freedom might come of little surprise.

The faith some have put in hip-hop is similar to the faith placed in the media in general, such as the Internet or even newspapers. It brings to mind myths around certain classes of society that are said to be seeking knowledge; myths that say, once people are presented with certain types of knowledge they will want it, become better citizens and work for the common good. I interviewed a few of the Lebanese rappers written about in the mainstream media.

I’m not Che Guevara. I sing because I believe in freedom of speech.

Can hip-hop fight corruption? I asked. “Corruption is the biggest issue facing Lebanon right now,” said Wael or Rayess Bek, another Lebanese hip-hop artist that spent some time in France. “I don’t have the power to fix everyone’s problems. Music can transmit a message, though. The fight against corruption is not waiting for me to sing a song. But hip-hop is music and music brings people together,” Rayess Bek said. “I’m not Che Guevara. I sing because I believe in freedom of speech. Music can unite people around an issue and raise awareness,” he said.

I did not have to give El Rass an example. “That is why language is such an important part of my struggle. We’re fighting over words when we proclaim freedom to be our fight and then see our enemies using freedom as a banner. And at the same time, our enemies have the advantage of huge mediatic machines capable of employing the meanings they’ve chosen. They have this enormous leverage over people’s thoughts.” “Just repeating the same patterns shallowly might bore people. It could bring detachment which would again give politicians the upper hand,” he said. If hip-hop is to change Rayess Bek, in his song “Intikhabet 09” or “Elections 09,” encourages civil marriage. He says anything, then people have to listen to it, I assume. Is hip-hop popular in this part of the the greatest cause of corruption in this country is sectarianism. He opines a sort of vision world? “It’s popular if it comes from the people,” said Rayess Bek. I asked him if he would for Lebanese citizens. Through the institution of civil marriage, they will one day say: consider himself ‘of the people’. “I hope so. I think I am because people respond to my music,” he said. I am Lebanese Not: I am Shia, I am Sunni, I am Catholic, I am Maronite “I don't want to call it popular. I don't think it’s the right question. What does it mean for They start to say – this boy – I am Lebanese music to be popular?” asked El Rass. “I think we're lucky that the mainstream media hasn't He tells you, my dad is Druze, my mom is Maronite, my grandmother is Shia, my grandfather developed a huge interest in us. I don't want to be transformed into an object. I would is Sunni-Roman Catholic, for example. Whatever it is. Most importantly, it’s a mix. lose my agency. I would just become a mediatic object to be used for whatever idea they want to communicate,” El Rass continued. Not only are there numerous instances of empty statements supporting civil marriage across the political spectrum in Lebanon but the majority of politicians claim to push the Regardless of how little attention is being paid to Arabic rappers, it seems as though Lebanese identity as the primary identity. Arguably, therefore, hip-hop might not being coverage has increased in the past few years.“Hip-hop is gaining recognition, especially 56 Lebanese Hip-Hop Artists (And Everybody Else) Rapping About Corruption

Editors: Dr. Dorothea Rischewski, Salma Kadiri, Fouad Zirari Proof Reading: Jaques Belleval Layout Morocco: Fouad Zirari, Salma Kadiri, Ilham Siba, Soufyane Fares Layout Beirut: Rachad Chamoun, Modified edition for Heinrich Boell Stiftung-Middle East. Cover page cartoon: www.transparency.org Arabic hip-hop, in particular after the revolution,” said Edd, referring to the happenings Illustrations & Photographs: Page 5 from www.transparency.org, page 28 from the EDZ campaign, page 55 by Nadim Kamel, all the in the region that began in 2011.“The revolution opened people's eyes to hip-hop. They remaining illustrations are from www.transparencymaroc.ma are paying more attention to hip-hop. They want to know more about it, especially the Printed by: www.couloursps.com Westerners. They are asking us to translate our lyrics. They want to understand. They want Opinions expressed in the articles are those of the respective authors and interviewees, and not the Heinrich Böll Stiftung. to know what's happening,” he said.

El Rass did not share the same enthusiasm about the attention from journalists, post- 2011. Journalists and development organizations alike took an interest in hip-hop artists, Published by the Heinrich Böll Stiftung 2015 in particular after 2011. It was perhaps part of the larger interest in Arab youth that started after the September 11 attacks in 2001. “Why does the Western media – every time they talk about us – always have to link us to the Arab Spring? We didn't start rapping during This work is licensed under the conditions of a Creative Commons license: http://creativecommons.org/licenses/by-nc-z/3.0/. the Arab spring. I don't even believe in the denomination and a journalist put it in the title You can download an electronic version online. You are free to copy, distribute and transmit the work under the following conditions: Attribution - you must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work); Noncommercial - you may not use this work for of an article about me,” he said. commercial purposes; No Derivative Works - you may not alter, transform, or build upon this work.

Pictures, illustrations and photographs used in this work may not be used outside their context without seeking approval of the respective artists/photographers.

Money makes the world go ‘round, and that’s known as fact, it goes way back … Heinrich Böll Foundation - Middle East & North Africa Get a loan you'll have a loan to pay a loan, can’t, bail on that They don’t want half, they want the whole damn stack … Our foremost task is civic education in Germany and abroad with the aim of promoting informed democratic Something is happenin’, I think it’s capitalism gone tragic opinion, socio-political commitment and mutual understanding. In addition, the Heinrich Böll Foundation The nation has a treasury, the treasurer is a banker, but this banker represents a major bank supports artistic, cultural and scholarly projects, as well as cooperation in the development field. The then political values of ecology, democracy, gender democracy, solidarity and non-violence are our chief points Let’s just say, if they need change, they’ll reach in their pockets of reference. Heinrich Böll’s belief in and promotion of citizen participation in politics is the model for the foundation’s work. - This edition is published jointly by the offices of Heinrich Böll Stiftung in Beirut, Rabat, Ramallah and Tunis. from Corruption, by Fareeq el-Atrash This publication can be found at:

Heinrich Böll Stiftung Heinrich Böll Stiftung Beirut Tunis www.lb.boell.org www.tn.boell.org

Heinrich Böll Stiftung Heinrich Böll Stiftung Ramallah Rabat www.ps.boell.org www.ma.boell.org