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The Friedrich Naumann Foundation for Liberty


                              Economic Freedom Report (2010)
                          Assessment from a Palestinian Perspective
                                         By: Hisham Awartani*


Background
This paper was presented for discussion in a workshop sponsored by Friedrich Naumann
Foundation (Jerusalem), which was attended by senior experts and officials from relevant
Palestinian institutions. The paper is intended to serve the following objectives
      Conduct an objective review of the report published by Fraser Institute on "Economic
      Freedom of the Arab World – 2010", mainly from a Palestinian perspective.
         Propose appropriate institutional means of managing the Palestinian connection with
         this project, whether in terms of providing required data or disseminating the report
         among end users.
The author of this paper has benefited from the presentations made at the workshop, and the
subsequent remarks made by the participants. Some amendments were introduced in view of
feedback coming out from another focus group meeting involving a select group of local
experts. Again, this meeting was sponsored by Friedrich Naumann Foundation in Jerusalem.
The structure of the index
The index published in the Economic Freedom of the Arab World Report includes five
thematic areas, comprising a total of 39 components. The score for each of the five areas is
derived by averaging the components within that area. The most recent data available for this
report are those for 2008.
The five areas assessed include the following:
  Area 1: Size of Government: Expenditures, Taxes and Enterprises;
  Area 2: Commercial and Economic Law and Security of Property Rights;
  Area 3: Access to Sound Money;
  Area 4: Freedom to Trade Internationally;
  Area 5: Regulation of Credit, Labor, and Business.
The index published in the Economic Freedom of the Arab World report includes data for all
22 member countries in the League of Arab States.




*
    Director, Palestine Governance Institute, and (former) Professor of Economic at An-Najah University-Nablus.

                                                         1
Definition of Economic Freedom
The writers of the Report argue that economic freedom is fulfilled when two fundamental
underpinnings are satisfied, namely:
a. When property acquired without the use of force, fraud, or theft is protected from physical
   invasions of others, and,
b. When the owners of such property are free to use, exchange, or give their property, as long
   as their actions do not violate the identical rights of others.

While one can easily understand the historical background for this definition, yet one should
still raise several basic ideological questions, mainly the following:
1. The safeguards on the legitimacy of ownership of property, as they are defined in the
   Report, are often so broad and vague that they leave ample space for gross abuse. It is
   especially serious that no mention is made in the Report of compliance with governance
   codes and business ethics, nor with the relevant legal frameworks in the respective
   countries, such as those relating to direct and indirect taxes, quality standards, and anti-
   trust laws.
2. The above definition overlooks the stunning facts on the ground relative to the huge wealth
   amassed by relatives of political leaders in nearly all Arab countries. Those strong men
   (and women) surrounding totalitarian rulers can always claim that the means they have
   used in acquiring their wealth did not involve “use of force, fraud or theft”. Yet the recent
   revelations in some Arab countries provide ample evidence to suggest a very gloomy
   conclusion. Certainly what the Mubarak brothers have been doing in Egypt for tens of
   years is not a rare phenomenon in the Arab world.
3. Similarly, the conditions attached to freedom of property use are very loose. In addition to
   “not violating the identical rights of others”, the freedom of use on the side of owners of
   property should also be bound by the legal frameworks observed in their countries.
So unless the means of acquiring and using property are more elaborately defined, economic
freedom is likely to be construed as a “legitimate” cover for serious forms of corruption. This
is probably true every where, including all Arab countries.
Why economic freedom?
The report provides a strong and convincing case for advocating economic freedom (pages
10-12). Yet it is imperative to emphasize that commitment to economic freedom, cannot be
taken as an excuse for not displaying adequate sensitivity to its social implications. The huge
gaps in per capita income and living standards in nearly all Arab countries, including the
poorer ones, should arouse constant concerns relative to wealth distribution policies, without
necessarily compromising on the basic underpinnings of economic freedom. Arab regimes
have a lot more to learn in this connection from countries like France, Germany and the
United States, which are among the champions of economic freedom in the world.




                                               2
Sources of Palestinian data
The report provides a fairly long list of references for data relating to respective countries. Yet
there is no mention of Palestine in any of the cited references. It is further noted that none of
the reports published by the Palestinian Central Bureau of Statistics has been cited in the list
of references, although PCBS is one of the most active statistical bodies in the Arab countries.
Furthermore, there has been no reference to the numerous reports published specifically on
Palestine by the World Bank, IMF and some other international organizations. This includes
the “Doing Business Report” published by the World Bank specifically on Palestine.
Assessment of Palestinian data
The scores relative to Palestine in the Economic Freedom Report – 2010 are summarized in
Annex (1) of this paper. Notwithstanding the ambiguity regarding their sources, the
Palestinian data raise many methodological and substantive questions. The following is only a
partial list:
1. Scope of coverage
   Many indicators and sub-indicators have not been rated, despite the fact that Palestine has
   been for a long time a focal country on the agenda of many international organizations and
   donor countries. This has been clearly reflected by the enormous amount of statistical and
   research reports published on nearly all facets of the Palestinian society. It is therefore
   difficult to understand why the authors of the report could not find enough data on sub-
   indicators such as international trade, ownership of foreign currency, and foreign banks,
   when there is a profuse output on all of these topics.
2. Reliability of data
   In the absence of any information on the sources of data relative to Palestine, nearly all
   scores reported can be contested, especially by relevant local institutions. But some scores
   are particularly questionable, as those indicated below:
    2-1   The credibility of scores relating to “doing business” are highly questionable,
          especially when compared with data published in the World Bank “Doing Business
          Report -2011”. The overall score of Palestine in the Economic Freedom Report
          (2010) is calculated at 7.6 on a score of 10. With this high score, Palestine ranks 3rd
          on a list of 22 Arab countries, i.e. preceded only by Bahrain and Kuwait (and
          equivalent to Lebanon).
          But in sharp contrast to the EFR excessively positive Palestinian scores, the World
          Bank Doing Business Report (2011) provides very different estimates. According
          to this report, Palestine ranks 135 on a list of 183 countries with regard to “Ease of
          Doing Business”, 173 on “Starting a Business” and 183 with regard to “Closing a
          Business” – see Annex (2).
    2-2   According to the EFR Report, Palestine’s score on "banking and credit market" is
          5.8 (out of 10), with a rank of 16 (out of 22 Arab Countries). On the other hand, the
          rank of Palestine on the same indicator, as published in the World Bank Doing
          Business Report is 168, which is considerably lower than that in the EF Report.
          Clearly, it is the World Bank estimate which should be seriously questioned in this

                                                3
case. Commercial banks in Palestine are far more forthcoming on their credit
           policies than they had been in the past. This pronounced change in policies has
           commenced more than five years ago, and it has reached highly visible levels
           during the past two years. Not reflecting this change in the report is likely to cause
           considerable distortion in the rating of Palestine’s investment climate.
     2-3   The very high scores given to some indicators in the EF Report, such as those
           relating to labor market regulations control (9 out of 10) raise important questions.
           In the absence of information on collection methodologies, such estimates seem to
           be grossly inaccurate.
3. Tracking the magnitude of change in the scores and rank of Palestine between 2002 and
   2008 would have been very useful, especially in view of the considerable transformations
   in the political and economic settings during this period. The Economic Freedom Report,
   however, does not provide adequate comparative data, especially for 2002. In fact most of
   the scores quoted for 2002 are either identical or very close to those of 2008, which
   clearly raises serious questions on their credibility.
4. The EF Report tends to display an overly soft attitude towards the economic policies and
   development track records of most Arab countries. In most cases the authors relay
   explanations and promises published in official reports at their face value, without raising
   questions regarding their credibility. The staggering plunders and failures encountered by
   most Arab countries with regard to their economic and fiscal policies are almost totally
   overlooked in the report.
5. Away from the substantive remarks, one should question the way Palestine is referred to
   in the Economic Freedom Report, i.e. as West Bank and Gaza. It is clear that the
   publishers have simply opted to use the World Bank nomenclature, hence ignoring the
   name used by a host of other UN bodies, where they refer to both regions as “Palestine”.
   Alternatively, reducing the name to "West Bank and Gaza" is not viewed as a fair gesture.
Recommendations
Although the Economic Freedom of the Arab World Report has been published annually
since 2002, yet it is difficult to provide an objective assessment on its contribution with regard
to promoting genuine economic freedom and social justice in the Arab World. By contrast, it
is probably safe to assume that the recent uprisings in the Arab world are underlain in part by
serious economic grievances, mostly those relating to poverty, unemployment and vast
disparities in income distribution patterns.
This paper has touched on some issues which bear on the credibility and usefulness of the
Report, and it is hoped that these remarks are considered by the publishers in upcoming
editions. But conforming with the main purpose defined for this paper, the following
recommendations relate mainly to Palestine.
1.   While the pioneering role of the (Omani) International Research Foundation should be
     duly recognized and commended, yet it is strongly recommended that the whole project
     be overseen by a pan-Arab committee of experts, to be sponsored by Friedrich Naumann.
     The members of such a committee could be identified by Friedrich Naumann local
                                                4
offices, possibly in collaboration with respective local partners. The Committee should be
     able to meet once a year, and pursue further interaction by resorting to various forms of
     communication technologies.
2.   FNF Palestine is advised to identify a qualified local institution to undertake the
     assignment of collecting data and other input relative to Palestine. The collection process
     will be based mainly on already published statistical output, although in some cases it
     may resort to primary sources.




                                               5
Annex (1)

                          Economic Freedom Report (2010)
                          Summary of Palestinian Indicators

Area 1 – Size of government, expenditure, taxes, and enterprise
                                                                  2008   2002
Overall score of Palestine (out of 10)                            7.2      __
Overall rank (on a list of 22 Arab countries)                     3        __

Scores on sub indicators:
  General government consumption spending                         4.3     4.8
  Transfers and subsidies as a percentage of GDP                  __      __
  Government enterprise and investment                            __      __
  Top marginal tax rate                                           10      10
Area 2 – Commercial and economic law, and security of property rights
Overall score of Palestine                                  7.4           __
Overall rank                                                8             __
Scores on sub indicators:
  Military interference in rule of law and political process      __      __
  Integrity of the legal system                                   __      __
  Regulatory restrictions on the sale of real property            8.7     8.6
  Legal enforcement of contracts                                  6.0     6.0

Area 3 – Access to sound money
Overall score of Palestine                                        7.9     __
Overall rank                                                      11      __

Scores on sub – indicators:
  Money growth                                                    8.3     7.9
  Standard deviation of inflation                                 8.2     9.2
  Inflation – most recent years                                   7.3     8.9
  Freedom to own foreign currency bank accounts                   __      __

Area 4 – Freedom to international trade
Overall score of Palestine                                        __      __
Overall rank                                                      __      __
Scores on sub indicators:
  Taxes on international trade                                    __      __
  Black market exchange rates                                     __      __
  Capital controls                                                __      __


                                                6
2008   2002
Area 5 – Regulation of credit, labor, and Business
Overall score of Palestine                             7.4     __
Overall rank                                           7       __
Area 5-1 Credit market regulations                     5.8     5.8
  Ownership of banks                                   __      __
  Foreign bank competition                             __      __
  Interest rate controls                               9       10.0
  Getting credit                                       2.5     1.7

Area 5-2 Labor market regulations                      8.6     8.6
  Rigidity of employment index                         6.9     6.9
  Mandated cost of hiring (% of salary)                10.0    10.0
  Mandated cost of worker dismissal (weeks of wages)   7.5     7.5
  Conscription                                         10.0    10.0

Area 5-3 Business regulations                          7.9     6.7
   Starting a business                                 7.9     6.7
   Closing a business                                  __      __




                                            7
Annex (2)

                    World Bank Doing Business Report - 2011
                     Ease of Doing Business Rank - Palestine

Indicator                               Rank (Out of 183 countries)
Starting a business                                 173
Dealing with construction permits                   157
Registering property                                  76
Getting credit                                      168
Protecting investors                                  44
Paying taxes                                          28
Trading across borders                              111
Enforcing contracts                                   93
Closing a business                                  183




                           Ease of Doing Business (2011)
                            Ranks of Selected Countries

                        Rank                  Country
                         1                    Singapore
                         5                    United States
                         11                   Saudi Arabia
                         22                   Germany
                         29                   Israel
                         50                   Qatar
                         74                   Kuwait
                         94                   Egypt, Arab Rep.
                         111                  Jordan
                         135                  West Bank and Gaza
                         144                  Syrian Arab Republic




                                         8

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Economic Freedom Report (2010) Assessment from a Palestinian Perspective

  • 1. The Friedrich Naumann Foundation for Liberty Economic Freedom Report (2010) Assessment from a Palestinian Perspective By: Hisham Awartani* Background This paper was presented for discussion in a workshop sponsored by Friedrich Naumann Foundation (Jerusalem), which was attended by senior experts and officials from relevant Palestinian institutions. The paper is intended to serve the following objectives Conduct an objective review of the report published by Fraser Institute on "Economic Freedom of the Arab World – 2010", mainly from a Palestinian perspective. Propose appropriate institutional means of managing the Palestinian connection with this project, whether in terms of providing required data or disseminating the report among end users. The author of this paper has benefited from the presentations made at the workshop, and the subsequent remarks made by the participants. Some amendments were introduced in view of feedback coming out from another focus group meeting involving a select group of local experts. Again, this meeting was sponsored by Friedrich Naumann Foundation in Jerusalem. The structure of the index The index published in the Economic Freedom of the Arab World Report includes five thematic areas, comprising a total of 39 components. The score for each of the five areas is derived by averaging the components within that area. The most recent data available for this report are those for 2008. The five areas assessed include the following: Area 1: Size of Government: Expenditures, Taxes and Enterprises; Area 2: Commercial and Economic Law and Security of Property Rights; Area 3: Access to Sound Money; Area 4: Freedom to Trade Internationally; Area 5: Regulation of Credit, Labor, and Business. The index published in the Economic Freedom of the Arab World report includes data for all 22 member countries in the League of Arab States. * Director, Palestine Governance Institute, and (former) Professor of Economic at An-Najah University-Nablus. 1
  • 2. Definition of Economic Freedom The writers of the Report argue that economic freedom is fulfilled when two fundamental underpinnings are satisfied, namely: a. When property acquired without the use of force, fraud, or theft is protected from physical invasions of others, and, b. When the owners of such property are free to use, exchange, or give their property, as long as their actions do not violate the identical rights of others. While one can easily understand the historical background for this definition, yet one should still raise several basic ideological questions, mainly the following: 1. The safeguards on the legitimacy of ownership of property, as they are defined in the Report, are often so broad and vague that they leave ample space for gross abuse. It is especially serious that no mention is made in the Report of compliance with governance codes and business ethics, nor with the relevant legal frameworks in the respective countries, such as those relating to direct and indirect taxes, quality standards, and anti- trust laws. 2. The above definition overlooks the stunning facts on the ground relative to the huge wealth amassed by relatives of political leaders in nearly all Arab countries. Those strong men (and women) surrounding totalitarian rulers can always claim that the means they have used in acquiring their wealth did not involve “use of force, fraud or theft”. Yet the recent revelations in some Arab countries provide ample evidence to suggest a very gloomy conclusion. Certainly what the Mubarak brothers have been doing in Egypt for tens of years is not a rare phenomenon in the Arab world. 3. Similarly, the conditions attached to freedom of property use are very loose. In addition to “not violating the identical rights of others”, the freedom of use on the side of owners of property should also be bound by the legal frameworks observed in their countries. So unless the means of acquiring and using property are more elaborately defined, economic freedom is likely to be construed as a “legitimate” cover for serious forms of corruption. This is probably true every where, including all Arab countries. Why economic freedom? The report provides a strong and convincing case for advocating economic freedom (pages 10-12). Yet it is imperative to emphasize that commitment to economic freedom, cannot be taken as an excuse for not displaying adequate sensitivity to its social implications. The huge gaps in per capita income and living standards in nearly all Arab countries, including the poorer ones, should arouse constant concerns relative to wealth distribution policies, without necessarily compromising on the basic underpinnings of economic freedom. Arab regimes have a lot more to learn in this connection from countries like France, Germany and the United States, which are among the champions of economic freedom in the world. 2
  • 3. Sources of Palestinian data The report provides a fairly long list of references for data relating to respective countries. Yet there is no mention of Palestine in any of the cited references. It is further noted that none of the reports published by the Palestinian Central Bureau of Statistics has been cited in the list of references, although PCBS is one of the most active statistical bodies in the Arab countries. Furthermore, there has been no reference to the numerous reports published specifically on Palestine by the World Bank, IMF and some other international organizations. This includes the “Doing Business Report” published by the World Bank specifically on Palestine. Assessment of Palestinian data The scores relative to Palestine in the Economic Freedom Report – 2010 are summarized in Annex (1) of this paper. Notwithstanding the ambiguity regarding their sources, the Palestinian data raise many methodological and substantive questions. The following is only a partial list: 1. Scope of coverage Many indicators and sub-indicators have not been rated, despite the fact that Palestine has been for a long time a focal country on the agenda of many international organizations and donor countries. This has been clearly reflected by the enormous amount of statistical and research reports published on nearly all facets of the Palestinian society. It is therefore difficult to understand why the authors of the report could not find enough data on sub- indicators such as international trade, ownership of foreign currency, and foreign banks, when there is a profuse output on all of these topics. 2. Reliability of data In the absence of any information on the sources of data relative to Palestine, nearly all scores reported can be contested, especially by relevant local institutions. But some scores are particularly questionable, as those indicated below: 2-1 The credibility of scores relating to “doing business” are highly questionable, especially when compared with data published in the World Bank “Doing Business Report -2011”. The overall score of Palestine in the Economic Freedom Report (2010) is calculated at 7.6 on a score of 10. With this high score, Palestine ranks 3rd on a list of 22 Arab countries, i.e. preceded only by Bahrain and Kuwait (and equivalent to Lebanon). But in sharp contrast to the EFR excessively positive Palestinian scores, the World Bank Doing Business Report (2011) provides very different estimates. According to this report, Palestine ranks 135 on a list of 183 countries with regard to “Ease of Doing Business”, 173 on “Starting a Business” and 183 with regard to “Closing a Business” – see Annex (2). 2-2 According to the EFR Report, Palestine’s score on "banking and credit market" is 5.8 (out of 10), with a rank of 16 (out of 22 Arab Countries). On the other hand, the rank of Palestine on the same indicator, as published in the World Bank Doing Business Report is 168, which is considerably lower than that in the EF Report. Clearly, it is the World Bank estimate which should be seriously questioned in this 3
  • 4. case. Commercial banks in Palestine are far more forthcoming on their credit policies than they had been in the past. This pronounced change in policies has commenced more than five years ago, and it has reached highly visible levels during the past two years. Not reflecting this change in the report is likely to cause considerable distortion in the rating of Palestine’s investment climate. 2-3 The very high scores given to some indicators in the EF Report, such as those relating to labor market regulations control (9 out of 10) raise important questions. In the absence of information on collection methodologies, such estimates seem to be grossly inaccurate. 3. Tracking the magnitude of change in the scores and rank of Palestine between 2002 and 2008 would have been very useful, especially in view of the considerable transformations in the political and economic settings during this period. The Economic Freedom Report, however, does not provide adequate comparative data, especially for 2002. In fact most of the scores quoted for 2002 are either identical or very close to those of 2008, which clearly raises serious questions on their credibility. 4. The EF Report tends to display an overly soft attitude towards the economic policies and development track records of most Arab countries. In most cases the authors relay explanations and promises published in official reports at their face value, without raising questions regarding their credibility. The staggering plunders and failures encountered by most Arab countries with regard to their economic and fiscal policies are almost totally overlooked in the report. 5. Away from the substantive remarks, one should question the way Palestine is referred to in the Economic Freedom Report, i.e. as West Bank and Gaza. It is clear that the publishers have simply opted to use the World Bank nomenclature, hence ignoring the name used by a host of other UN bodies, where they refer to both regions as “Palestine”. Alternatively, reducing the name to "West Bank and Gaza" is not viewed as a fair gesture. Recommendations Although the Economic Freedom of the Arab World Report has been published annually since 2002, yet it is difficult to provide an objective assessment on its contribution with regard to promoting genuine economic freedom and social justice in the Arab World. By contrast, it is probably safe to assume that the recent uprisings in the Arab world are underlain in part by serious economic grievances, mostly those relating to poverty, unemployment and vast disparities in income distribution patterns. This paper has touched on some issues which bear on the credibility and usefulness of the Report, and it is hoped that these remarks are considered by the publishers in upcoming editions. But conforming with the main purpose defined for this paper, the following recommendations relate mainly to Palestine. 1. While the pioneering role of the (Omani) International Research Foundation should be duly recognized and commended, yet it is strongly recommended that the whole project be overseen by a pan-Arab committee of experts, to be sponsored by Friedrich Naumann. The members of such a committee could be identified by Friedrich Naumann local 4
  • 5. offices, possibly in collaboration with respective local partners. The Committee should be able to meet once a year, and pursue further interaction by resorting to various forms of communication technologies. 2. FNF Palestine is advised to identify a qualified local institution to undertake the assignment of collecting data and other input relative to Palestine. The collection process will be based mainly on already published statistical output, although in some cases it may resort to primary sources. 5
  • 6. Annex (1) Economic Freedom Report (2010) Summary of Palestinian Indicators Area 1 – Size of government, expenditure, taxes, and enterprise 2008 2002 Overall score of Palestine (out of 10) 7.2 __ Overall rank (on a list of 22 Arab countries) 3 __ Scores on sub indicators: General government consumption spending 4.3 4.8 Transfers and subsidies as a percentage of GDP __ __ Government enterprise and investment __ __ Top marginal tax rate 10 10 Area 2 – Commercial and economic law, and security of property rights Overall score of Palestine 7.4 __ Overall rank 8 __ Scores on sub indicators: Military interference in rule of law and political process __ __ Integrity of the legal system __ __ Regulatory restrictions on the sale of real property 8.7 8.6 Legal enforcement of contracts 6.0 6.0 Area 3 – Access to sound money Overall score of Palestine 7.9 __ Overall rank 11 __ Scores on sub – indicators: Money growth 8.3 7.9 Standard deviation of inflation 8.2 9.2 Inflation – most recent years 7.3 8.9 Freedom to own foreign currency bank accounts __ __ Area 4 – Freedom to international trade Overall score of Palestine __ __ Overall rank __ __ Scores on sub indicators: Taxes on international trade __ __ Black market exchange rates __ __ Capital controls __ __ 6
  • 7. 2008 2002 Area 5 – Regulation of credit, labor, and Business Overall score of Palestine 7.4 __ Overall rank 7 __ Area 5-1 Credit market regulations 5.8 5.8 Ownership of banks __ __ Foreign bank competition __ __ Interest rate controls 9 10.0 Getting credit 2.5 1.7 Area 5-2 Labor market regulations 8.6 8.6 Rigidity of employment index 6.9 6.9 Mandated cost of hiring (% of salary) 10.0 10.0 Mandated cost of worker dismissal (weeks of wages) 7.5 7.5 Conscription 10.0 10.0 Area 5-3 Business regulations 7.9 6.7 Starting a business 7.9 6.7 Closing a business __ __ 7
  • 8. Annex (2) World Bank Doing Business Report - 2011 Ease of Doing Business Rank - Palestine Indicator Rank (Out of 183 countries) Starting a business 173 Dealing with construction permits 157 Registering property 76 Getting credit 168 Protecting investors 44 Paying taxes 28 Trading across borders 111 Enforcing contracts 93 Closing a business 183 Ease of Doing Business (2011) Ranks of Selected Countries Rank Country 1 Singapore 5 United States 11 Saudi Arabia 22 Germany 29 Israel 50 Qatar 74 Kuwait 94 Egypt, Arab Rep. 111 Jordan 135 West Bank and Gaza 144 Syrian Arab Republic 8