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Towards the Right for Access to Information




                POLICY BRIEF
EXECUTIVE SUMMARY

Lebanon has one of the most                irrelevant. Another challenge facing
corrupt governance systems in the          anti-corruption initiatives is the
world. Both a result and a cause           need for efficient accountability
of the persistence of its sectarian        mechanisms and institutions as
system, corruption creates endemic         well as an independent judiciary in
clientelism that negatively influences     order to create an overall enabling
citizen participation, socio-economic      environment.
development,       and     government
performance.                               The    proposed      policy    aims
                                           at     enhancing        government
Although Parliament ratified the           transparency by ensuring citizens’
United Nations Convention Against          access to information, particularly
Corruption     (UNCAC)       in    2008,   about the legislative process
Lebanon continues to be plagued            and public finances, thereby
by rampant corruption due to               allowing greater civic participation,
structural, institutional, social and      government transparency and
economic factors. Lack of access to        accountability.
information, inability to monitor public
spending, and weak accountability          This policy proposal aspires to fight
mechanisms are among the many              corruption by:
reasons contributing to corruption.
In addition, the sectarian system of          Improving access to information
power-sharing does not allow for           laws;
horizontal accountability among the
                                             Improving transparency of the
different branches of government.
                                           legislative process;
The political and economic costs of            Enhancing      public    budget
corruption threaten the country’s          transparency.
stability, growth, and democratic
system. In the last two decades,           Adopting    and    enforcing   the
civil society organizations (CSOs)         implementation of these policies
have tackled this issue but have           requires a long-term process
not succeeded in persuading                that starts by documenting and
decision-makers of real changes            researching relevant tools and
and required reforms. Though anti-         decisions, piloting action with a
corruption laws are being negotiated       maximum number of citizens,
in     parliamentary     committees,       and supporting government in
there is the risk that they may not        implementing reforms.
pass or that they may be amended
to such a degree as to become




                                                                              1
FRAMING THE ISSUE

The Problem
The Lebanese Parliament ratified the
United Nations Convention Against
Corruption (UNCAC) in 2008. The
Convention proposes measures to                                                                    Lebanese Citizens cannot
prevent and criminalize corruption,                                                                access the voting records
                                                                                                   of committee meetings of
promote international cooperation,
                                                                                                   MPs.
and facilitate asset recovery. Yet
                                                                                                   (Lebanese Parliamentary bylaws)
Lebanon continues to suffer from
severe corruption due to structural,
institutional, social and economic
factors. Lack of access to information,
inability    to     monitor      public
spending, and weak accountability         Situation Brief                            The Urgency
mechanisms are among the many
reasons contributing to high rates of                                                Lebanon faces high political and
corruption.                               The following challenges hinder
                                                                                     economic risks and citizens cannot
                                          efforts to combat corruption and
                                                                                     afford an increase in public debt and
Corruption in Lebanon exists in           enhance government performance:
                                                                                     continuing deterioration of public
all its forms, including bribery,         1. Confessional power-sharing leads        services. Fighting corruption is
nepotism, favoritism, patronage,          to the distribution of public assets       becoming a priority for Lebanon’s
embezzlement, and vote-buying. The        and resources based on sectarian           political, economic, and democratic
sectarian system is an enabler for        interests.                                 development. Concrete measures
many corrupt practices that result                                                   to fight corruption and improve
in economic monopolies, unfair            2. Lack of awareness of the causes
                                                                                     government performance are needed
distribution of public assets, and low    and consequences of corruption.
                                                                                     to restore trust in state institutions
levels of citizen participation. One of   3. Weak and ineffective institutions and   and respond to growing economic
the main means to fight corruption        mechanisms to fight corruption.            crises and social challenges.
is by ensuring citizens’ access to
information and providing them with       4. Weak legal framework and lack of
                                          proper judicial controls.                  With      the     intensification     of
the mechanisms to hold government                                                    international pressure and buildup
accountable.                              5. Endemic nature of corruption,           of citizens’ dissatisfaction, it is
                                          which affects all levels of government.    becoming imperative to ensure
                                          6. Inability of citizens and voters to     transparency, accountability and
                                          hold public officials accountable.         good governance standards within
                                                                                     the legislative, executive, and judicial
                                          7. Invisible line between politics and     branches.
                                          large private corporations.	




2                                                                                                                                    3
LOOKING AT EXISTING POLICIES, LAWS
AND PRACTICES
The following policies, laws and practices reflect the choices made by the
Lebanese government to improve the quality of public services. However,
                                                                                                    1                                                                             Transparency
throughout our research, we could not identify any clear policy to fight corruption.
In assessing existing policies, we used three key indicators that are essential for                                          2                                           Accountability Mechanisms
any policy option aimed at fighting corruption:
                                                                                                                                                       3                      Citizen Participation
1. guarantee transparency
2. provide accountability mechanisms
3. allow citizen participation


 Policy                                                                                              Policy
  Law                                                Assessment                                       Law                                                                               Assessment
Practice                                                                                            Practice
                        >	Judicial proceedings are slow and do not conform to procedural                                                                   >	Vote-buying is a common practice during parliamentary elections
    Judicial System &
    Legal Framework




                          transparency standards.                                                                                                            and is impossible to monitor due to bank secrecy, among other
                                                                                                                                                             reasons.




                                                                                                     Campaign Finance
                        >	The judiciary lacks autonomy and is manipulated by political players.




                                                                                                        Electoral &
                        >	The judicial system, like other public institutions, is affected by                                                              >	Management of the elections falls under the purview of the Ministry
                          corruption. As a result, courts do not respond to allegations of                                                                   of Interior and Municipalities and the executive branch, rather than
                          corruption.                                                                                                                        an independent body, leading to political interference.
                                                                                                                                                           >	Social and economic services are provided by sectarian political
                                                                                                                                                             parties before and after elections based on partisan interests. The
                        > The internal by-laws of the legislature keep parliamentary
                          committee proceedings secret and do not require publishing MPs’                                                                    lack of clear campaign finance controls contributes to corrupt
                          voting records.                                                                                                                    practices and lack of accountability.
    Performance
     Legislative




                        > Due to the confessional system and electoral law, the legislative




                                                                                                     Information & Communication Technology (ICT)
                                                                                                     Strategy, Infrastructure & Regulatory Framework
                          branch does not question nor hold the executive branch accountable.
                        >	The legislative process is not transparent; law proposals and
                          adopted laws are not easily accessible.                                                                                          >	Public institutions are resistant to integrating ICT into their practices
                                                                                                                                                             due to lack of political will, capacity, and resources.
                                                                                                                                                           >	The technological infrastructure is weak, with slow internet speed
                        >	The state budget is neither performance- nor policy-based, but rather                                                              and limited broadband access.
                          divided per ministry as a result of clientelism and partisan interests.
                                                                                                                                                           >	Laws related to e-government have yet to be passed, and the ones
                        >	The budget development process is inefficient and does not allow for
    Budgeting




                                                                                                                                                             that were adopted are not enforced.
                          citizen participation.
     Public




                        >	There is no clear mechanism to monitor spending and access                                                                       >	Lebanon does not have an access to information law and does not
                          financial reports per ministry and public institution.                                                                             have systemized archiving and publishing mechanisms.

                        >	For at least seven years, public budgets have either been delayed or
                          not issued at all.




4                                                                                                                                                                                                                                        5
CONSIDERING POLICY OPTIONS                                                                                                 “ Corruption is theof a publicauthority for personal or privateexploits decisions
                                                                                                                                                     misuse of                                  benefit. It occurs
                                                                                                                               when an incumbent               post or a person with authority

    The following table describes policy options for fighting corruption based on
                                                                                                                               or information for the advantages of his own tribe, group or relatives.
                                                                                                                                                                                                       ”
                                                                                                                                                                             Towards a National Anti-Corruption Strategy
    thorough research and participatory consultations with stakeholders around the
    country. Each policy is based on different assumptions, has a specific objective
    and strategies, and presents different advantages and disadvantages.



        Policy                          Assumptions                   Objectives                 Strategies            Advantages               Disadvantages                  Experts’ Take                 Policy
        options                                                                                                                                                                                              options
1                                  > Transparency in              > Provide access         > Advocate for the        > Proposed laws were      > These laws are          “Political and sectarian fig-                                        1




                                                                                                                                                                                                               Whistleblower protection
        Whistleblower protection




                                                                                                                                                                                                                Access to Information &
         Access to Information &




                                   government decreases           to all types of          adoption of a set         developed according       subject to discussions     ures are afraid of scandals…
                                   corruption as the              information pertaining   of laws related to        to international          within Parliament,         If citizens had access to
                                   performance of politicians     to government            access to information     standards and             and might be               information, facts and real-
                                   becomes more exposed.          performance and          and whistleblower         advocated by a network    amended to such a          ity, they would use them
                                                                  protect civil servants   protection, and monitor   of CSOs under previous    degree as to lessen        to fight corruption at the
                                   > Informed citizens            who expose acts of       their implementation.     initiatives, and are      their impact on            highest levels.”
                                   are empowered to hold          corruption.                                        being discussed           fighting corruption.
                                   politicians accountable.                                                          in parliamentary                                     Dr. Randa Antoun, Associate
                                                                                                                     committees today.                                    Professor at the American Uni-
                                                                                                                                                                          versity of Beirut

2                                  > Integrating ICT in           > Simplify government    > Create a legislative    > There is an ICT         > The e-government        “E-governance and a proper                                           2
                                   government operations          procedures, make         framework for             strategy and a            legislative framework      ICT infrastructure will
                                   streamlines procedures and     them accessible to       e-government              coordination unit         is insufficient as         provide citizens with the
        ICT Integration &




                                                                                                                                                                                                               ICT Integration &
         E-Government




                                                                                                                                                                                                                E-Government
                                   interactions between public    citizens, and publish    and enforce its           within the Prime          it requires a long         means to claim their rights,
                                   servants and citizens.         performance reports      implementation, while     Minister’s office         process of integration     and institutions with the
                                                                  related to public        improving broadband       that has drafted          and coordination           needed efficiency to pro-
                                   > E-government allows          services and policies.   and telecom services.     laws related to           to ensure                  vide services.”
                                   easy access to information                                                        e-government.             implementation and
                                   for citizens and contributes                                                                                enforcement.               Salam Yamout, Head of the ICT
                                   to national development                                                                                                                Coordination Unit, Office of the
                                   indicators.                                                                                                                            Prime Minister

3                                  > A public body is needed      > Create a public        > Lobby for the           > This issue is           > Within a weak           "Simple anti-corruption                                              3
                                   to enact the UNCAC and         body of lawyers and      creation of the           being discussed           judicial framework,        measures by government




                                                                                                                                                                                                               Higher Commission
        Higher Commission




                                                                                                                                                                                                               to Fight Corruption
        to Fight Corruption




                                   develop a national strategy    experts focused on       Higher Commission         in parliamentary          the appointment            and political parties can
                                   to fight corruption.           fighting corruption      to Fight Corruption       committees and is a       process for the Higher     help citizens feel the differ-
                                                                  and coordinating         and ensure CSOs and       requirement of the        Commission to Fight        ence and restore their trust
                                   > A public body coordinates    implementation of a      non-governmental          UNCAC that Lebanon        Corruption might fall      in the state.”
                                   efforts to fight corruption    national strategy.       organizations (NGOs)      has ratified.             prey to clientelism
                                   and becomes a focal point                               are represented.                                    and render it inactive.    Dr. Khalil Gebara, President of
                                   for citizen complaints.                                                                                                                the Lebanese Center for Good
                                                                                                                                                                          Governance




    6                                                                                                                                                                                                                                     7
RECOMMENDING POLICY

Access to Information Legislation
This policy brief focuses on the first policy option highlighted above—access to
information and whistleblower protection—as the most urgent and actionable           “ Simple anti-corruption measures by government and political parties
by CSOs, NGOs, and community-based organizations (CBOs).                             can help citizens feel the difference and restore their trust in the state.
Citizen access to information is a requirement for any anti-corruption and
                                                                                                                                                                 ”
                                                                                                                                                     Dr. Khalil Gebara,
accountability mechanisms. It is one of the main rights stipulated in Article 19                                                             President of the Lebanese
of the Universal Declaration of Human Rights and the UNCAC.                                                                               Center for Good Governance

Citizens have the right to know about the performance of their government
representatives, voting records within Parliament, and how their taxes are
spent. Access to information would ensure greater government responsiveness
to citizen concerns and accountability of elected officials.


The following pillars and arguments illustrate how access to information can
contribute to fighting corruption and promoting government transparency and
accountability:



Pillar                                    Pillar                                   Pillar
Promote access to information             Enhance      transparency    of   the    Ensure public budget transparency.          	 Create a Higher Commission to
legislation to enforce archiving,         legislative process. Parliament’s        The budget development and                    Fight Corruption, and Strengthen
analyzing and publishing of all           by-laws should be reformed to            monitoring process should be                  the    judiciary    and     other
relevant data by public institutions,     open      parliamentary    committee     reformed to make it more inclusive,           accountability      mechanisms,
including laws on access to               meetings and document MPs’ voting        participatory, and transparent.               such as the Higher Council for
information,     on    whistleblower      records and other affairs. Access                                                      the Prosecution of Presidents
                                                                                   Fighting corruption requires access
protection, and around illicit wealth.    to information allows meaningful                                                       and Ministers, the Court of Audit,
                                                                                   to information on public financial
These laws go hand in hand to provide     citizen participation, representation,                                                 and the Civil Service Board.
                                                                                   management, starting from the
citizens with the needed information      and ability to hold parliamentarians
                                                                                   national     budget      development        	 These      institutions  would
and authority to hold public officials,   accountable by knowing about their
                                                                                   process to spending mechanisms                strengthen the notion of
while preserving their right to do so     debates, stances, and votes on
                                                                                   and financial reporting.                      accountability     and  support
and not be subjected to threats or        issues, in addition to being able to
harm. If passed, these laws would         monitor the legislative process.         In the long run, an access to                 its implementation, therefore
provide citizens with mechanisms for                                               information policy should be                  limiting corruption in public
holding government accountable and                                                 complemented with efforts to:                 institutions.
exposing acts of corruption.
                                                                                     	 Promote ICT integration and
                                                                                       E-government infrastructure,




8                                                                                                                                                                   9
THE WAY FORWARD

Pillar
Promote Access to Information Legislation                                          Past Proposals & Reform Efforts

Three interrelated law proposals on        Launched in 2008, the Lebanese
access to information, whistleblower       Network for Access to Information, a    >   In 2012, Beyond Reform and Development (BRD) developed a paper
protection, and illicit wealth are being   CSO coalition that played a key role        with practical recommendations on ways to enhance citizen-parliament
discussed within parliamentary             in introducing the laws mentioned           relations for improved legislative performance and citizen participation.
committees. The next step will be to       above, was largely inactive from
put these reforms on the agenda of         2010 to 2012. Efforts to reactivate     >   The Lebanese Network for Access to Information proposed access to
the Parliament’s General Assembly          the network were recently launched,
                                                                                       information and whistleblower protection laws that are currently being
for a vote. The current situation          spearheaded by the Lebanese
                                                                                       debated in Parliament.
presents three key challenges:             Transparency Association (LTA), and




	
                                           an LTA representative has been
                                                                                   >
     During        discussions     in      attending parliamentary committee           “Towards a National Anti-Corruption Strategy” developed by LTA,
     parliamentary committees, it          meetings. To move the effort forward,        proposed a Higher Commission to Fight Corruption, currently being
     is important to maintain the          civil society actors have one of two         drafted into a law.
     integrity of the law proposals        options:
     that were developed by civil                                                  >   In 2007, Nahwa el Muwatiniya proposed an amended illicit wealth law
     society to prevent major changes      	   Join the Lebanese Network               and obtained the endorsement of some MPs.
     that would dilute the impact of           for Access to Information and
     the proposed reforms.                     actively lobby Parliament while     >   LTA published the Campaign Finance Monitoring Toolkit and
                                               monitoring         parliamentary
	    The     timeframe        between                                                  Standards in 2009.
                                               committee      discussions    on
     concluding         parliamentary          the proposed laws so that key
     committee debates on the law              articles are not changed and are    >   The Lebanese Association for Democratic Elections (LADE) has
     proposals, placing them on the            put to a General Assembly vote.         documented hundreds of cases of vote-buying and campaign spending
     agenda of the General Assembly,                                                   violations.
     and voting on them might be
                                           	   Launch a parallel campaign,
     long, especially since there are
                                               using social media and creative     >   In 2005, the Parliament passed the Ombudsman Law. However, the
     300 pieces of legislation on the
                                               actions, to expose MPs who              Ombudsman institution has yet to be established.
     agenda that have yet to be voted
                                               attempt to alter the integrity of
     on.
                                               the proposed laws or who vote
                                               against those laws in the General
	    Once a law is passed, the
                                               Assembly.
     executive decrees required to
     begin implementation of the new
     law must be issued, which might
     again take a long time.



10                                                                                                                                                                 11
THE WAY FORWARD

Pillar                                     Pillar
Enhance Transparency of                    Ensure Public Budget                     Past Proposals & Reform Efforts
the Legislative Process                    Transparency
Parliament’s current by-laws present       Public budget and financial reports
barriers to access information             are posted on the Ministry of Finance    >   The Arab Network for Social Accountability (ANSA) was created in 2010
related to the legislative process. This   website (www.finance.gov.lb) , but           and includes members from the public, private, and NGO sectors.
issue has not been a priority in the       are not simplified in a way that
public discourse or the civil society      makes them accessible to citizens.       >   The ICT Unit at the Presidency of the Council of Ministers is working
agenda, though it is a pre-requisite       Key stakeholders, including CSOs             on an e-transaction law, improving broadband access, and integrating
for informed citizen engagement.           and NGOs, lack the competencies              e-government.
Three main types of information are        to     understand    these    reports.
needed for citizens to be informed         Moreover, some information, such
and should be included in the by-          as budget allocation per ministry,       >   The 2003 National ICT Strategy developed by the Office of the Minister
laws:                                      is inaccessible and does not allow           of State for Administrative Reform (OMSAR) has instituted a number of
                                           issues-based budget monitoring. The          mechanisms for transparency and improved access to public services.
	    Voting Records of MPs:
                                           Citizen Budget Project, an initiative
     Parliament     established a
                                           launched by the Ministry of Finance      >   MP Ghassan Moukhaiber has proposed reforms of the Parliament’s by-
     computerized voting records
                                           in 2007, has developed analytical            laws to increase transparency of the legislative process.
     system in 1996, which was
                                           reports that provide a useful starting
     refurbished in 2011. This
                                           point for enhancing public budget
     system is not being used.                                                      >   The Lebanese Parliamentary Monitor launched by Nahwa el Muwatiniya
                                           transparency. To build on this effort,
                                           civil society stakeholders need to be        in 2006 documents the performance of MPs from secondary sources.
	    Parliamentary        Committees’
     Agenda         and       Minutes      equipped to access and analyze two
     of Meetings: These are                critical components:                     >   The Lebanese Physically Handicapped Union (LPHU) initiated the Open
     confidential per Parliament’s                                                      Budget Project in 2007 to promote access to information related to
                                           	   Budget Development Process:              accessibility for persons with disabilities.
     by-laws, and deliberations
                                               Understanding        the    budget
     within            parliamentary
                                               development process will enable
     committees are generally                                                       >   The Ministry of Finance launched the Citizen Budget Initiative in 2007,
                                               stakeholders to recommend
     closed to civil society.                                                           with support from the United Nations Development Program (UNDP),
                                               reforms and enhance their ability
                                               to participate in the process.           aiming at producing simplified, non-technical representation of the
	    Parliament Database of Law
                                                                                        state budget.
     Proposals: There are almost
                                           	   Budget       Data       Analysis:
     300 law proposals currently
                                               Simplifying budget data and
     in Parliament, which are                                                       >   Lebanese Parliamentarians Against Corruption is active on a number of
                                               linking it to specific issues
     inaccessible to citizens even                                                      accountability law proposals and initiatives.
                                               related to citizen concerns will
     though they are contained in a
                                               allow citizens to be sufficiently
     computerized database.
                                               informed to participate in public
                                               decision-making.



12                                                                                                                                                                13
FUTURE ACTION

                                                       SHORT TO MEDIUM TERM                                                                              LONG TERM

                                                   National Level                                   Local Level                    National Level                               Local Level




                                                                                                                                                                                                             Outcome
                                                                                                                                                                                                             Expected
                             Outcome
                             Expected




                                         The Parliament’s General Assembly passes access to information legislation           The Cabinet issues decrees to implement laws passed by Parliament to




                                                                                                                                                                                                                          Information Legislation
Information Legislation




                                                                                                                                                                                                                                             Promote Access to
                                         as advocated by civil society before the next parliamentary elections                increase citizen access to information
  Promote Access to




                                                                                       Engage NGOs, CBOs, and civic           Focus the civil society coalition’s
                                         Build a coalition of NGOs, CSOs, and                                                                                       Build t h e capacity of local
                                                                                       groups in monitoring information       campaign to putting pressure on




                                                                                                                                                                                                              Strategy
                                         social media activists to monitor                                                                                          stakeholders to put pressure on
                              Strategy




                                                                                       at the governorate, district, and      the Cabinet to issue decrees and
                                         parliamentary committee discussions                                                                                        entities at the governorate, district,
                                                                                       municipal levels and in putting        monitor government institutions’
                                         and General Assembly voting on the                                                                                         and municipal levels to publish
                                                                                       pressure on MPs in their districts     compliance with the laws passed
                                         proposed laws                                                                                                              information as per the passed laws.
                                                                                       to support access to information       by Parliament




                                                                                                                                                                                                             Outcome
                                                                                                                                                                                                             Expected
                                         The issue of legislative transparency is a citizen priority and part of the public
                             Outcome
                             Expected




                                                                                                                              Parliament reforms its by-laws by incorporating the recommendations




                                                                                                                                                                                                                          of the Legislative Process
                                         discourse, specifically access to MPs’ voting records, the meeting minutes of




                                                                                                                                                                                                                           Enhance Transparency
of the Legislative Process




                                                                                                                              suggested by civil society
 Enhance Transparency




                                         parliamentary committees, and the law proposals submitted to Parliament


                                         Increase the number of civil society
                                                                                                                              Develop recommendations to
                                         and social media activists requesting         Enable local mainstream and                                                  Build t h e capacity of local
                                                                                                                              amend Parliament’s by-laws and
                              Strategy




                                         permissions to attend parliamentary           social media to monitor local MPs’                                           stakeholders to lobby their MPs to




                                                                                                                                                                                                               Strategy
                                                                                                                              launch a social media campaign
                                         committee and General Assembly                voting records and stances within                                            adopt reforms to Parliament’s by-
                                                                                                                              to expose opposing MPs and
                                         meetings, and publicize data on social        parliamentary committees, and                                                laws and provide them with access to
                                                                                                                              pressure the legislature to adopt
                                         media networks, thus challenging the          publicize them to citizens locally                                           their MPs’ stances on the issue.
                                                                                                                              the recommendations
                                         parliamentary by-laws restrictions
                             Outcome
                             Expected




                                                                                                                                                                                                             Outcome
                                                                                                                                                                                                             Expected
                                         Key stakeholders understand public budgets, and are able to monitor and              One ministry adopts a transparent budget development process and
Budget Transparency




                                                                                                                                                                                                                          Budget Transparency
                                         influence the budget development process                                             engages key stakeholders in that process
   Ensure Public




                                                                                                                                                                                                                             Ensure Public
                                         Develop and build the capacity of                                                    Bring together stakeholders           Bring together local stakeholders
                                         stakeholders to understand the budget         Simplify public budget information     around an issue pertinent to one      to work with municipalities, develop
                              Strategy




                                                                                                                                                                                                               Strategy
                                         development process and enable them           and make it locally accessible         ministry, develop budget process      budget process reforms, and engage
                                         to analyze components relevant to             through creative tools                 reforms, and engage with the          with those municipalities to adopt
                                         their work                                                                           ministry to adopt the reforms         the reforms.




14                                                                                                                                                                                                                                                  15
ILLUSTRATIVE ACTIVITIES                                                                    ENGAGING WITH DIFFERENT
                                                                                           STAKEHOLDERS
In the last decade, several civil society-led initiatives have pushed for access to        The suggested policy option must be endorsed by key stakeholders and policy-
information and government transparency in Lebanon. Despite these efforts, the             makers to be implemented. The influence that the various stakeholders yield
country continues to suffer from lack of transparency and rampant corruption.              on the decision-making process will determine how they should be engaged
It is crucial for civil society to achieve incremental successes to rebuild trust          and the messages they should receive. Below is a list of stakeholders to be
that reform is possible while using more direct and creative tools to increase its         considered.
reach and influence.
                                                                                            > President of the Republic     > Political parties       > Business associations
The following are suggestions for illustrative activities based on expert                   > Cabinet of Ministers          > Lawyers & Judges        > Syndicates
roundtables, interviews, and focus groups, which can be adopted by NGOs,                    > Ministry of Finance           > Civil servants          > Bar Association
CSOs, and CBOs to advance citizens’ right to access information.                            > OMSAR                         > Judiciary               > Media Outlets
                                                                                            > Municipalities & Unions       > Court of audit          > Voters
                                                                                              of Municipalities             > Civil Service Board     > Academia &
                                                                                                                                                        Research Institutes
Illustrative Activities at the              Illustrative Activities at the                                                                            > NGOs, CSOs & CBOs
National Level:                             Local Level:
 	 Develop a strategy for direct actions     	 Create models of transparent budget         Each of these entities requires a different strategy and approach to ally it with
   to pressure MPs to pass access to           development and monitoring with
                                                                                           the suggested policy. The following table highlights the incentives for the key
   information legislation.                    municipalities and demonstrate their
                                               implications on local development.          stakeholders to adopt or support the proposed policy. These incentives can form
 	 Raise the awareness of public                                                           the basis for developing communication messages to persuade the stakeholders
   servants on how access to                 	 Use available information on MP’s           to take action.
   information can benefit their               stances to allow local constituents to
   institutional performance.                  hold them accountable.
 	 Provide business associations with        	 Develop a “Municipal Monitor” to             Stakeholders                  Incentives
   case studies on how their productivity      increase access to information at the
   can be enhanced with improved               local level.                                 Parliamentary Blocks &            Rebuild trust and credibility with constituents and
   access to information.                                                                   Committees                        improve responsiveness to their needs
                                             	 Advocate for publishing all local affairs
 	 Engage the media at the national            and decisions online.                        Municipalities & Unions           Increase representation, responsiveness to
   level in exposing acts of corruption.                                                    of municipalities                 citizens’ needs and reach out to different groups
                                             	 Integrate ICT mechanisms to provide
 	 Create a social media platform              citizens with access to information on                                         Decrease corruption and enhance public
   for publicizing corruption-related          municipal procedures and services.           Cabinet & Ministries              institutions’ performance, which will motivate
   complaints using a “name and shame”                                                                                        citizens to comply with the law and pay their taxes
                                             	 Disseminate legislative information
   strategy.
                                               at the local level and discuss them in
                                                                                            Court of Audit & Civil            Reclaim their role and authority while becoming
 	 Build court cases against corrupt           townhall meetings.
                                                                                            Service Board                     more respected by citizens
   politicians and use them as
                                             	 Engage with the media at the local
   precedents to lobby for access to
                                               level to expose acts of corruption.                                            Improve the business environment by overcoming
   information.                                                                             Business Associations &           administrative bureaucracy and corruption, in
                                             	 Engage with local civil servants who         Syndicates
 	 Enhance the role of the Prosecutor                                                                                         addition to being more able to study external risks
                                               wish to expose cases of corruption.
   General to respond to acts and
   complaints of corruption.                 	 Create youth local councils to shadow                                          Become better informed to influence public policy
                                                                                            NGOs, CSOs, & CBOs                and hold decision-makers accountable
                                               municipalities.




16                                                                                                                                                                                17
PARTIAL LIST OF REFERENCES

	    Abdelnour, Z. (2001). “The Three Faces of Corruption in Lebanon.” Middle East Intelligence      	   Luca, A. M. (November 22, 2009). “Corruption up” NOW Lebanon.
     Bulletin. Retrieved from http://www.meforum.org/meib/articles/0 10 2_ l2.html                       Retrieved from http://www.nowlebanon.com/NewsArchiveDetails.aspx?ID=128060

	    Access to Information Draft Law: Overview (2009). Lebanese Network for the Right of Access      	   Middle East Advocacy and Research Center, http://www.marc-lb.org/index.php
     to Information, Beirut.
                                                                                                     	   National Integrity System Study (2009). Lebanese Transparency Association. Beirut, Lebanon.
	    Adwan, C. (n.d.). “Corruption in Reconstruction: The Cost of ‘National Consensus’ in Post-
     War Lebanon.” Retrieved from http://depot.gdnet.org/newkb/fulltext/adwa n.pdf                   	   Newell, D. (2008). “Corruption in Lebanon: Between Decline and Steadiness.” NOW Lebanon.
                                                                                                         Retrieved from http://www.nowlebanon.com/NewsArchiveDetails.aspx?ID=61548
	    Antoun, R. Associate Professor at the American University of Beirut. (September 13, 2012).
     Personal interview by N. Menhall, BRD/I.                                                        	   Rossis, Nicholas, Michael. (2011). The Informal Economy in Lebanon: Dangers and Benefits.
                                                                                                         Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.
	    Balboa, J., & Medalla, E. M. (May 2006). “Anti-Corruption and Governance: The Philippine            ac.uk/733/
     Experience.” APEC Study Center Consortium Conference, Ho Chi Minh City, Vietnam.
     Retrieved from http://www.apec.org.au/docs/06ASCC_HCMC/06_9_1_Balboa.pdf                        	   Shidrawi, M. Y. (2009). Combatting Administrative Corruption: The Case of Lebanon.
                                                                                                         American University of Beirut (Master’s Thesis). Beirut, Lebanon.
	    Campaign Finance Monitoring: From Monitoring to Reform (n.d.),
     Lebanese Transparency Association, Beirut.                                                      	   Tabet, I. (n.d.). “Printemps arabe et lutte contre la corruption.” L’Orient le
                                                                                                         Jour. Retrieved from http://www.transparency- lebanon.org/press/Ar_Printemps%20
	    Control of Electoral Spending: A Step Towards Reform (n.d.),                                        arabeetcorruption_L›Orientlejour_30072012_Fr.pdf
     Lebanese Transparency Association, Beirut.
                                                                                                     	   Takydine, S. Lawyer and Legal Expert (September 25, 2012). Personal interview by N.
	    Corruption in Lebanon (n.d.). Lebanese Transparency Association, Beirut. Retrieved from             Menhall, BRD/I.
     http://www.transparency-lebanon.org/index.php?option=com_content&view=article&id=22&Itemid=10
                                                                                                     	   The Efficiency of a National Anti-Corruption Commission (2011). Lebanese Transparency
	    "Corruption Remains Rampant in Lebanon, Transparency Organization Warns” (June 14,                  Association, Beirut.
     2012). The Daily Star. Retrieved from http://www.dailystar.com.lb/News/Local-News/2012/Jun-
     14/176776-corruption-remains-rampant-in- lebanon-transparency-organization-warns.ashx           	   Towards a National Anti-Corruption Strategy (n.d.), Lebanese Transparency Association and
                                                                                                         UNDP, Beirut.
	    Culture of Corruption in Lebanon’s Driving Tests (July 9, 2010), Youth Association for Social
     Awareness (YASA). Retrieved from http://www.yasa.org/en/Sectiondet .aspx?id=5&id2=689           	   United Nations Convention Against Corruption Compliance Review (n.d.), Lebanese
                                                                                                         Transparency Association, Beirut.
	    Devre, G. (2011). State Corruption in Post-War Lebanon: The Relation Between Post-War
     Inclusive Institutions and State Corruption. University of Amsterdam.                           	   Youth Against Corruption (2005). Lebanese Transparency Association, Beirut.

	    Farida, M. & Ahmadi-Esfahani, F. Z. (n.d.). Corruption and Economic Growth in Lebanon.
     Australian Agricultural and Resource Economics Society 52nd annual conference, Sydney,
     Australia. Retrieved from http://ageconsearch.umn.edu/bitstream/6043/2/cp08fa01.pdf

	    Feasibility of Establishing the National Anti-Corruption Commission in Lebanon (May
     2011), Lebanese Transparency Association. Retrieved from http://www.transparency-lebanon.org/
     publications/NACC.pdf

	    Gebara, K., President of the Lebanese Center for Good Governance (September 24, 2012).
     Personal interview by C. Geha, BRD/I.

	    Gillespie, K. (2006). The Middle East’s Corruption Conundrum: Current History.

	    Hijazi, C. A. (2005). The Effects of Corruption on Economic Growth: The Case of Lebanon in
     Comparison with Romania. American University of Beirut (Master’s Thesis). Beirut, Lebanon.

	    Jannoun, S. R. (2006). The Impact of Kleptocracy on Economic Development: The Case of
     Lebanon. American University of Beirut (Master’s Thesis). Beirut, Lebanon.




18                                                                                                                                                                                               19
This policy brief was developed by Beyond Reform & Development , part of BRD/I Group S.A.L.,
                             in close collaboration with experts, activists and civil society organizations.
                                                                                            Lebanon, 2012
Corruption in Public Institutions-English

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Corruption in Public Institutions-English

  • 2. EXECUTIVE SUMMARY Lebanon has one of the most irrelevant. Another challenge facing corrupt governance systems in the anti-corruption initiatives is the world. Both a result and a cause need for efficient accountability of the persistence of its sectarian mechanisms and institutions as system, corruption creates endemic well as an independent judiciary in clientelism that negatively influences order to create an overall enabling citizen participation, socio-economic environment. development, and government performance. The proposed policy aims at enhancing government Although Parliament ratified the transparency by ensuring citizens’ United Nations Convention Against access to information, particularly Corruption (UNCAC) in 2008, about the legislative process Lebanon continues to be plagued and public finances, thereby by rampant corruption due to allowing greater civic participation, structural, institutional, social and government transparency and economic factors. Lack of access to accountability. information, inability to monitor public spending, and weak accountability This policy proposal aspires to fight mechanisms are among the many corruption by: reasons contributing to corruption. In addition, the sectarian system of Improving access to information power-sharing does not allow for laws; horizontal accountability among the Improving transparency of the different branches of government. legislative process; The political and economic costs of Enhancing public budget corruption threaten the country’s transparency. stability, growth, and democratic system. In the last two decades, Adopting and enforcing the civil society organizations (CSOs) implementation of these policies have tackled this issue but have requires a long-term process not succeeded in persuading that starts by documenting and decision-makers of real changes researching relevant tools and and required reforms. Though anti- decisions, piloting action with a corruption laws are being negotiated maximum number of citizens, in parliamentary committees, and supporting government in there is the risk that they may not implementing reforms. pass or that they may be amended to such a degree as to become 1
  • 3. FRAMING THE ISSUE The Problem The Lebanese Parliament ratified the United Nations Convention Against Corruption (UNCAC) in 2008. The Convention proposes measures to Lebanese Citizens cannot prevent and criminalize corruption, access the voting records of committee meetings of promote international cooperation, MPs. and facilitate asset recovery. Yet (Lebanese Parliamentary bylaws) Lebanon continues to suffer from severe corruption due to structural, institutional, social and economic factors. Lack of access to information, inability to monitor public spending, and weak accountability Situation Brief The Urgency mechanisms are among the many reasons contributing to high rates of Lebanon faces high political and corruption. The following challenges hinder economic risks and citizens cannot efforts to combat corruption and afford an increase in public debt and Corruption in Lebanon exists in enhance government performance: continuing deterioration of public all its forms, including bribery, 1. Confessional power-sharing leads services. Fighting corruption is nepotism, favoritism, patronage, to the distribution of public assets becoming a priority for Lebanon’s embezzlement, and vote-buying. The and resources based on sectarian political, economic, and democratic sectarian system is an enabler for interests. development. Concrete measures many corrupt practices that result to fight corruption and improve in economic monopolies, unfair 2. Lack of awareness of the causes government performance are needed distribution of public assets, and low and consequences of corruption. to restore trust in state institutions levels of citizen participation. One of 3. Weak and ineffective institutions and and respond to growing economic the main means to fight corruption mechanisms to fight corruption. crises and social challenges. is by ensuring citizens’ access to information and providing them with 4. Weak legal framework and lack of proper judicial controls. With the intensification of the mechanisms to hold government international pressure and buildup accountable. 5. Endemic nature of corruption, of citizens’ dissatisfaction, it is which affects all levels of government. becoming imperative to ensure 6. Inability of citizens and voters to transparency, accountability and hold public officials accountable. good governance standards within the legislative, executive, and judicial 7. Invisible line between politics and branches. large private corporations. 2 3
  • 4. LOOKING AT EXISTING POLICIES, LAWS AND PRACTICES The following policies, laws and practices reflect the choices made by the Lebanese government to improve the quality of public services. However, 1 Transparency throughout our research, we could not identify any clear policy to fight corruption. In assessing existing policies, we used three key indicators that are essential for 2 Accountability Mechanisms any policy option aimed at fighting corruption: 3 Citizen Participation 1. guarantee transparency 2. provide accountability mechanisms 3. allow citizen participation Policy Policy Law Assessment Law Assessment Practice Practice > Judicial proceedings are slow and do not conform to procedural > Vote-buying is a common practice during parliamentary elections Judicial System & Legal Framework transparency standards. and is impossible to monitor due to bank secrecy, among other reasons. Campaign Finance > The judiciary lacks autonomy and is manipulated by political players. Electoral & > The judicial system, like other public institutions, is affected by > Management of the elections falls under the purview of the Ministry corruption. As a result, courts do not respond to allegations of of Interior and Municipalities and the executive branch, rather than corruption. an independent body, leading to political interference. > Social and economic services are provided by sectarian political parties before and after elections based on partisan interests. The > The internal by-laws of the legislature keep parliamentary committee proceedings secret and do not require publishing MPs’ lack of clear campaign finance controls contributes to corrupt voting records. practices and lack of accountability. Performance Legislative > Due to the confessional system and electoral law, the legislative Information & Communication Technology (ICT) Strategy, Infrastructure & Regulatory Framework branch does not question nor hold the executive branch accountable. > The legislative process is not transparent; law proposals and adopted laws are not easily accessible. > Public institutions are resistant to integrating ICT into their practices due to lack of political will, capacity, and resources. > The technological infrastructure is weak, with slow internet speed > The state budget is neither performance- nor policy-based, but rather and limited broadband access. divided per ministry as a result of clientelism and partisan interests. > Laws related to e-government have yet to be passed, and the ones > The budget development process is inefficient and does not allow for Budgeting that were adopted are not enforced. citizen participation. Public > There is no clear mechanism to monitor spending and access > Lebanon does not have an access to information law and does not financial reports per ministry and public institution. have systemized archiving and publishing mechanisms. > For at least seven years, public budgets have either been delayed or not issued at all. 4 5
  • 5. CONSIDERING POLICY OPTIONS “ Corruption is theof a publicauthority for personal or privateexploits decisions misuse of benefit. It occurs when an incumbent post or a person with authority The following table describes policy options for fighting corruption based on or information for the advantages of his own tribe, group or relatives. ” Towards a National Anti-Corruption Strategy thorough research and participatory consultations with stakeholders around the country. Each policy is based on different assumptions, has a specific objective and strategies, and presents different advantages and disadvantages. Policy Assumptions Objectives Strategies Advantages Disadvantages Experts’ Take Policy options options 1 > Transparency in > Provide access > Advocate for the > Proposed laws were > These laws are “Political and sectarian fig- 1 Whistleblower protection Whistleblower protection Access to Information & Access to Information & government decreases to all types of adoption of a set developed according subject to discussions ures are afraid of scandals… corruption as the information pertaining of laws related to to international within Parliament, If citizens had access to performance of politicians to government access to information standards and and might be information, facts and real- becomes more exposed. performance and and whistleblower advocated by a network amended to such a ity, they would use them protect civil servants protection, and monitor of CSOs under previous degree as to lessen to fight corruption at the > Informed citizens who expose acts of their implementation. initiatives, and are their impact on highest levels.” are empowered to hold corruption. being discussed fighting corruption. politicians accountable. in parliamentary Dr. Randa Antoun, Associate committees today. Professor at the American Uni- versity of Beirut 2 > Integrating ICT in > Simplify government > Create a legislative > There is an ICT > The e-government “E-governance and a proper 2 government operations procedures, make framework for strategy and a legislative framework ICT infrastructure will streamlines procedures and them accessible to e-government coordination unit is insufficient as provide citizens with the ICT Integration & ICT Integration & E-Government E-Government interactions between public citizens, and publish and enforce its within the Prime it requires a long means to claim their rights, servants and citizens. performance reports implementation, while Minister’s office process of integration and institutions with the related to public improving broadband that has drafted and coordination needed efficiency to pro- > E-government allows services and policies. and telecom services. laws related to to ensure vide services.” easy access to information e-government. implementation and for citizens and contributes enforcement. Salam Yamout, Head of the ICT to national development Coordination Unit, Office of the indicators. Prime Minister 3 > A public body is needed > Create a public > Lobby for the > This issue is > Within a weak "Simple anti-corruption 3 to enact the UNCAC and body of lawyers and creation of the being discussed judicial framework, measures by government Higher Commission Higher Commission to Fight Corruption to Fight Corruption develop a national strategy experts focused on Higher Commission in parliamentary the appointment and political parties can to fight corruption. fighting corruption to Fight Corruption committees and is a process for the Higher help citizens feel the differ- and coordinating and ensure CSOs and requirement of the Commission to Fight ence and restore their trust > A public body coordinates implementation of a non-governmental UNCAC that Lebanon Corruption might fall in the state.” efforts to fight corruption national strategy. organizations (NGOs) has ratified. prey to clientelism and becomes a focal point are represented. and render it inactive. Dr. Khalil Gebara, President of for citizen complaints. the Lebanese Center for Good Governance 6 7
  • 6. RECOMMENDING POLICY Access to Information Legislation This policy brief focuses on the first policy option highlighted above—access to information and whistleblower protection—as the most urgent and actionable “ Simple anti-corruption measures by government and political parties by CSOs, NGOs, and community-based organizations (CBOs). can help citizens feel the difference and restore their trust in the state. Citizen access to information is a requirement for any anti-corruption and ” Dr. Khalil Gebara, accountability mechanisms. It is one of the main rights stipulated in Article 19 President of the Lebanese of the Universal Declaration of Human Rights and the UNCAC. Center for Good Governance Citizens have the right to know about the performance of their government representatives, voting records within Parliament, and how their taxes are spent. Access to information would ensure greater government responsiveness to citizen concerns and accountability of elected officials. The following pillars and arguments illustrate how access to information can contribute to fighting corruption and promoting government transparency and accountability: Pillar Pillar Pillar Promote access to information Enhance transparency of the Ensure public budget transparency. Create a Higher Commission to legislation to enforce archiving, legislative process. Parliament’s The budget development and Fight Corruption, and Strengthen analyzing and publishing of all by-laws should be reformed to monitoring process should be the judiciary and other relevant data by public institutions, open parliamentary committee reformed to make it more inclusive, accountability mechanisms, including laws on access to meetings and document MPs’ voting participatory, and transparent. such as the Higher Council for information, on whistleblower records and other affairs. Access the Prosecution of Presidents Fighting corruption requires access protection, and around illicit wealth. to information allows meaningful and Ministers, the Court of Audit, to information on public financial These laws go hand in hand to provide citizen participation, representation, and the Civil Service Board. management, starting from the citizens with the needed information and ability to hold parliamentarians national budget development These institutions would and authority to hold public officials, accountable by knowing about their process to spending mechanisms strengthen the notion of while preserving their right to do so debates, stances, and votes on and financial reporting. accountability and support and not be subjected to threats or issues, in addition to being able to harm. If passed, these laws would monitor the legislative process. In the long run, an access to its implementation, therefore provide citizens with mechanisms for information policy should be limiting corruption in public holding government accountable and complemented with efforts to: institutions. exposing acts of corruption. Promote ICT integration and E-government infrastructure, 8 9
  • 7. THE WAY FORWARD Pillar Promote Access to Information Legislation Past Proposals & Reform Efforts Three interrelated law proposals on Launched in 2008, the Lebanese access to information, whistleblower Network for Access to Information, a > In 2012, Beyond Reform and Development (BRD) developed a paper protection, and illicit wealth are being CSO coalition that played a key role with practical recommendations on ways to enhance citizen-parliament discussed within parliamentary in introducing the laws mentioned relations for improved legislative performance and citizen participation. committees. The next step will be to above, was largely inactive from put these reforms on the agenda of 2010 to 2012. Efforts to reactivate > The Lebanese Network for Access to Information proposed access to the Parliament’s General Assembly the network were recently launched, information and whistleblower protection laws that are currently being for a vote. The current situation spearheaded by the Lebanese debated in Parliament. presents three key challenges: Transparency Association (LTA), and an LTA representative has been > During discussions in attending parliamentary committee “Towards a National Anti-Corruption Strategy” developed by LTA, parliamentary committees, it meetings. To move the effort forward, proposed a Higher Commission to Fight Corruption, currently being is important to maintain the civil society actors have one of two drafted into a law. integrity of the law proposals options: that were developed by civil > In 2007, Nahwa el Muwatiniya proposed an amended illicit wealth law society to prevent major changes Join the Lebanese Network and obtained the endorsement of some MPs. that would dilute the impact of for Access to Information and the proposed reforms. actively lobby Parliament while > LTA published the Campaign Finance Monitoring Toolkit and monitoring parliamentary The timeframe between Standards in 2009. committee discussions on concluding parliamentary the proposed laws so that key committee debates on the law articles are not changed and are > The Lebanese Association for Democratic Elections (LADE) has proposals, placing them on the put to a General Assembly vote. documented hundreds of cases of vote-buying and campaign spending agenda of the General Assembly, violations. and voting on them might be Launch a parallel campaign, long, especially since there are using social media and creative > In 2005, the Parliament passed the Ombudsman Law. However, the 300 pieces of legislation on the actions, to expose MPs who Ombudsman institution has yet to be established. agenda that have yet to be voted attempt to alter the integrity of on. the proposed laws or who vote against those laws in the General Once a law is passed, the Assembly. executive decrees required to begin implementation of the new law must be issued, which might again take a long time. 10 11
  • 8. THE WAY FORWARD Pillar Pillar Enhance Transparency of Ensure Public Budget Past Proposals & Reform Efforts the Legislative Process Transparency Parliament’s current by-laws present Public budget and financial reports barriers to access information are posted on the Ministry of Finance > The Arab Network for Social Accountability (ANSA) was created in 2010 related to the legislative process. This website (www.finance.gov.lb) , but and includes members from the public, private, and NGO sectors. issue has not been a priority in the are not simplified in a way that public discourse or the civil society makes them accessible to citizens. > The ICT Unit at the Presidency of the Council of Ministers is working agenda, though it is a pre-requisite Key stakeholders, including CSOs on an e-transaction law, improving broadband access, and integrating for informed citizen engagement. and NGOs, lack the competencies e-government. Three main types of information are to understand these reports. needed for citizens to be informed Moreover, some information, such and should be included in the by- as budget allocation per ministry, > The 2003 National ICT Strategy developed by the Office of the Minister laws: is inaccessible and does not allow of State for Administrative Reform (OMSAR) has instituted a number of issues-based budget monitoring. The mechanisms for transparency and improved access to public services. Voting Records of MPs: Citizen Budget Project, an initiative Parliament established a launched by the Ministry of Finance > MP Ghassan Moukhaiber has proposed reforms of the Parliament’s by- computerized voting records in 2007, has developed analytical laws to increase transparency of the legislative process. system in 1996, which was reports that provide a useful starting refurbished in 2011. This point for enhancing public budget system is not being used. > The Lebanese Parliamentary Monitor launched by Nahwa el Muwatiniya transparency. To build on this effort, civil society stakeholders need to be in 2006 documents the performance of MPs from secondary sources. Parliamentary Committees’ Agenda and Minutes equipped to access and analyze two of Meetings: These are critical components: > The Lebanese Physically Handicapped Union (LPHU) initiated the Open confidential per Parliament’s Budget Project in 2007 to promote access to information related to Budget Development Process: accessibility for persons with disabilities. by-laws, and deliberations Understanding the budget within parliamentary development process will enable committees are generally > The Ministry of Finance launched the Citizen Budget Initiative in 2007, stakeholders to recommend closed to civil society. with support from the United Nations Development Program (UNDP), reforms and enhance their ability to participate in the process. aiming at producing simplified, non-technical representation of the Parliament Database of Law state budget. Proposals: There are almost Budget Data Analysis: 300 law proposals currently Simplifying budget data and in Parliament, which are > Lebanese Parliamentarians Against Corruption is active on a number of linking it to specific issues inaccessible to citizens even accountability law proposals and initiatives. related to citizen concerns will though they are contained in a allow citizens to be sufficiently computerized database. informed to participate in public decision-making. 12 13
  • 9. FUTURE ACTION SHORT TO MEDIUM TERM LONG TERM National Level Local Level National Level Local Level Outcome Expected Outcome Expected The Parliament’s General Assembly passes access to information legislation The Cabinet issues decrees to implement laws passed by Parliament to Information Legislation Information Legislation Promote Access to as advocated by civil society before the next parliamentary elections increase citizen access to information Promote Access to Engage NGOs, CBOs, and civic Focus the civil society coalition’s Build a coalition of NGOs, CSOs, and Build t h e capacity of local groups in monitoring information campaign to putting pressure on Strategy social media activists to monitor stakeholders to put pressure on Strategy at the governorate, district, and the Cabinet to issue decrees and parliamentary committee discussions entities at the governorate, district, municipal levels and in putting monitor government institutions’ and General Assembly voting on the and municipal levels to publish pressure on MPs in their districts compliance with the laws passed proposed laws information as per the passed laws. to support access to information by Parliament Outcome Expected The issue of legislative transparency is a citizen priority and part of the public Outcome Expected Parliament reforms its by-laws by incorporating the recommendations of the Legislative Process discourse, specifically access to MPs’ voting records, the meeting minutes of Enhance Transparency of the Legislative Process suggested by civil society Enhance Transparency parliamentary committees, and the law proposals submitted to Parliament Increase the number of civil society Develop recommendations to and social media activists requesting Enable local mainstream and Build t h e capacity of local amend Parliament’s by-laws and Strategy permissions to attend parliamentary social media to monitor local MPs’ stakeholders to lobby their MPs to Strategy launch a social media campaign committee and General Assembly voting records and stances within adopt reforms to Parliament’s by- to expose opposing MPs and meetings, and publicize data on social parliamentary committees, and laws and provide them with access to pressure the legislature to adopt media networks, thus challenging the publicize them to citizens locally their MPs’ stances on the issue. the recommendations parliamentary by-laws restrictions Outcome Expected Outcome Expected Key stakeholders understand public budgets, and are able to monitor and One ministry adopts a transparent budget development process and Budget Transparency Budget Transparency influence the budget development process engages key stakeholders in that process Ensure Public Ensure Public Develop and build the capacity of Bring together stakeholders Bring together local stakeholders stakeholders to understand the budget Simplify public budget information around an issue pertinent to one to work with municipalities, develop Strategy Strategy development process and enable them and make it locally accessible ministry, develop budget process budget process reforms, and engage to analyze components relevant to through creative tools reforms, and engage with the with those municipalities to adopt their work ministry to adopt the reforms the reforms. 14 15
  • 10. ILLUSTRATIVE ACTIVITIES ENGAGING WITH DIFFERENT STAKEHOLDERS In the last decade, several civil society-led initiatives have pushed for access to The suggested policy option must be endorsed by key stakeholders and policy- information and government transparency in Lebanon. Despite these efforts, the makers to be implemented. The influence that the various stakeholders yield country continues to suffer from lack of transparency and rampant corruption. on the decision-making process will determine how they should be engaged It is crucial for civil society to achieve incremental successes to rebuild trust and the messages they should receive. Below is a list of stakeholders to be that reform is possible while using more direct and creative tools to increase its considered. reach and influence. > President of the Republic > Political parties > Business associations The following are suggestions for illustrative activities based on expert > Cabinet of Ministers > Lawyers & Judges > Syndicates roundtables, interviews, and focus groups, which can be adopted by NGOs, > Ministry of Finance > Civil servants > Bar Association CSOs, and CBOs to advance citizens’ right to access information. > OMSAR > Judiciary > Media Outlets > Municipalities & Unions > Court of audit > Voters of Municipalities > Civil Service Board > Academia & Research Institutes Illustrative Activities at the Illustrative Activities at the > NGOs, CSOs & CBOs National Level: Local Level: Develop a strategy for direct actions Create models of transparent budget Each of these entities requires a different strategy and approach to ally it with to pressure MPs to pass access to development and monitoring with the suggested policy. The following table highlights the incentives for the key information legislation. municipalities and demonstrate their implications on local development. stakeholders to adopt or support the proposed policy. These incentives can form Raise the awareness of public the basis for developing communication messages to persuade the stakeholders servants on how access to Use available information on MP’s to take action. information can benefit their stances to allow local constituents to institutional performance. hold them accountable. Provide business associations with Develop a “Municipal Monitor” to Stakeholders Incentives case studies on how their productivity increase access to information at the can be enhanced with improved local level. Parliamentary Blocks & Rebuild trust and credibility with constituents and access to information. Committees improve responsiveness to their needs Advocate for publishing all local affairs Engage the media at the national and decisions online. Municipalities & Unions Increase representation, responsiveness to level in exposing acts of corruption. of municipalities citizens’ needs and reach out to different groups Integrate ICT mechanisms to provide Create a social media platform citizens with access to information on Decrease corruption and enhance public for publicizing corruption-related municipal procedures and services. Cabinet & Ministries institutions’ performance, which will motivate complaints using a “name and shame” citizens to comply with the law and pay their taxes Disseminate legislative information strategy. at the local level and discuss them in Court of Audit & Civil Reclaim their role and authority while becoming Build court cases against corrupt townhall meetings. Service Board more respected by citizens politicians and use them as Engage with the media at the local precedents to lobby for access to level to expose acts of corruption. Improve the business environment by overcoming information. Business Associations & administrative bureaucracy and corruption, in Engage with local civil servants who Syndicates Enhance the role of the Prosecutor addition to being more able to study external risks wish to expose cases of corruption. General to respond to acts and complaints of corruption. Create youth local councils to shadow Become better informed to influence public policy NGOs, CSOs, & CBOs and hold decision-makers accountable municipalities. 16 17
  • 11. PARTIAL LIST OF REFERENCES Abdelnour, Z. (2001). “The Three Faces of Corruption in Lebanon.” Middle East Intelligence Luca, A. M. (November 22, 2009). “Corruption up” NOW Lebanon. Bulletin. Retrieved from http://www.meforum.org/meib/articles/0 10 2_ l2.html Retrieved from http://www.nowlebanon.com/NewsArchiveDetails.aspx?ID=128060 Access to Information Draft Law: Overview (2009). Lebanese Network for the Right of Access Middle East Advocacy and Research Center, http://www.marc-lb.org/index.php to Information, Beirut. National Integrity System Study (2009). Lebanese Transparency Association. Beirut, Lebanon. Adwan, C. (n.d.). “Corruption in Reconstruction: The Cost of ‘National Consensus’ in Post- War Lebanon.” Retrieved from http://depot.gdnet.org/newkb/fulltext/adwa n.pdf Newell, D. (2008). “Corruption in Lebanon: Between Decline and Steadiness.” NOW Lebanon. Retrieved from http://www.nowlebanon.com/NewsArchiveDetails.aspx?ID=61548 Antoun, R. Associate Professor at the American University of Beirut. (September 13, 2012). Personal interview by N. Menhall, BRD/I. Rossis, Nicholas, Michael. (2011). The Informal Economy in Lebanon: Dangers and Benefits. Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur. Balboa, J., & Medalla, E. M. (May 2006). “Anti-Corruption and Governance: The Philippine ac.uk/733/ Experience.” APEC Study Center Consortium Conference, Ho Chi Minh City, Vietnam. Retrieved from http://www.apec.org.au/docs/06ASCC_HCMC/06_9_1_Balboa.pdf Shidrawi, M. Y. (2009). Combatting Administrative Corruption: The Case of Lebanon. American University of Beirut (Master’s Thesis). Beirut, Lebanon. Campaign Finance Monitoring: From Monitoring to Reform (n.d.), Lebanese Transparency Association, Beirut. Tabet, I. (n.d.). “Printemps arabe et lutte contre la corruption.” L’Orient le Jour. Retrieved from http://www.transparency- lebanon.org/press/Ar_Printemps%20 Control of Electoral Spending: A Step Towards Reform (n.d.), arabeetcorruption_L›Orientlejour_30072012_Fr.pdf Lebanese Transparency Association, Beirut. Takydine, S. Lawyer and Legal Expert (September 25, 2012). Personal interview by N. Corruption in Lebanon (n.d.). Lebanese Transparency Association, Beirut. Retrieved from Menhall, BRD/I. http://www.transparency-lebanon.org/index.php?option=com_content&view=article&id=22&Itemid=10 The Efficiency of a National Anti-Corruption Commission (2011). Lebanese Transparency "Corruption Remains Rampant in Lebanon, Transparency Organization Warns” (June 14, Association, Beirut. 2012). The Daily Star. Retrieved from http://www.dailystar.com.lb/News/Local-News/2012/Jun- 14/176776-corruption-remains-rampant-in- lebanon-transparency-organization-warns.ashx Towards a National Anti-Corruption Strategy (n.d.), Lebanese Transparency Association and UNDP, Beirut. Culture of Corruption in Lebanon’s Driving Tests (July 9, 2010), Youth Association for Social Awareness (YASA). Retrieved from http://www.yasa.org/en/Sectiondet .aspx?id=5&id2=689 United Nations Convention Against Corruption Compliance Review (n.d.), Lebanese Transparency Association, Beirut. Devre, G. (2011). State Corruption in Post-War Lebanon: The Relation Between Post-War Inclusive Institutions and State Corruption. University of Amsterdam. Youth Against Corruption (2005). Lebanese Transparency Association, Beirut. Farida, M. & Ahmadi-Esfahani, F. Z. (n.d.). Corruption and Economic Growth in Lebanon. Australian Agricultural and Resource Economics Society 52nd annual conference, Sydney, Australia. Retrieved from http://ageconsearch.umn.edu/bitstream/6043/2/cp08fa01.pdf Feasibility of Establishing the National Anti-Corruption Commission in Lebanon (May 2011), Lebanese Transparency Association. Retrieved from http://www.transparency-lebanon.org/ publications/NACC.pdf Gebara, K., President of the Lebanese Center for Good Governance (September 24, 2012). Personal interview by C. Geha, BRD/I. Gillespie, K. (2006). The Middle East’s Corruption Conundrum: Current History. Hijazi, C. A. (2005). The Effects of Corruption on Economic Growth: The Case of Lebanon in Comparison with Romania. American University of Beirut (Master’s Thesis). Beirut, Lebanon. Jannoun, S. R. (2006). The Impact of Kleptocracy on Economic Development: The Case of Lebanon. American University of Beirut (Master’s Thesis). Beirut, Lebanon. 18 19
  • 12. This policy brief was developed by Beyond Reform & Development , part of BRD/I Group S.A.L., in close collaboration with experts, activists and civil society organizations. Lebanon, 2012