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Good Governance and Anti-Corruption in Tunisia 1
Good Governance
and Anti-Corruption
in Tunisia
Project Highlights – September 2019
Good Governance and Anti-Corruption in Tunisia 3
Good Governance and
Anti-Corruption in Tunisia
This brochure provides an overview of the project “Good
Governance and Anti-Corruption in Tunisia”, its objectives,
main achievements and the way forward. With the
financial support of the Foreign and Commonwealth
Office of the UK, the OECD is implementing this project in
coordination with its Tunisian counterparts over a period
of 3 years, from 2017 until 2020.
Objective of the project
The project aims to enhance stability, prosperity and
citizens’ trust in Tunisia. It accompanies Tunisia in
fulfilling its good governance commitments of the
London Anti-Corruption Conference and in implementing
the 2016-2020 national anti-corruption strategy.
Three focus areas
Building on the work of the MENA-OECD Governance
Programme and the OECD Recommendations on Public
Integrity, Open Government and Public Procurement,
the project focuses on:
CREATING
RESPONSIVENESS
✔ Better local public
services for citizens
✔ Empower citizens
to monitor public
service delivery
CREATING
CONNECTIONS
✔ Better governance
coordination
✔ Better public
auditing
CREATING
PROSPERITY
✔ Better local public
services for a better
business enabling
environment
✔ More transparency
in public procurement
1 2 3
Partners & Beneficiaries:
Presidency of the Government, Ministry of Civil
Service, Modernisation of Administration and Public
Policies, Ministry of Local Affairs and Environment,
Ministry of Justice, Ministry of Finance, High Authority
for Public Procurement (HAICOP), Administrative
Tribunal and Regional Chambers, Financing Bank for
Small and Medium Enterprises (BFPME), National
anti-corruption agency (INLUCC), High Committee for
Administrative and Financial Control (HCCAF), National
Commission for access to information (INAI), National
Federation of Tunisian Cities (FNVT), Tunisian Institute
for Democracy and Development, Tunisian Association
of Public Controllers (ATCP), Local authorities,
Inspectorates, Civil society, Media, Control bodies,
SMEs, Public enterprises
Signing Ceremony for the UK-Tunisia Memorandum of Understanding with (from left to
right) Mrs. Louise de Sousa, Ambassador of the United Kingdom to Tunisia, Mr. Alistair Burt,
Minister of State for the Middle East of the United Kingdom, Mr. Kamel Ayadi, President
of HCCAF, Tunisia, Mr. Rolf Alter, Director of the OECD Public Governance Directorate and
Mr. Hedi Mekni, Secretary General of the Tunisian Government (Tunis, 3 August 2017)
In 2014: a new
public procurement
decree was adopted to
improve transparency,
governance and
complaint
mechanisms
This project builds on
existing efforts of the
Tunisian Government
to address corruption
Despite this progress, corruption
continues to undermine Tunisia’s
transition:
Widespread corruption was one of the major
causes of the 2011 Revolution in Tunisia.
Corruption is perceived as the 3rd main problem
in the country after unemployment and the
management of the economy.2
Corruption costs represent 54% of
Tunisia’s GDP.3
Corruption
costs represent
54%
of Tunisia’s
GDP
59%ofTunisiansbelievetheycanmakea differencein the fight againstcorruption1
4 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 5
“The OECD is a major ally in
our fight against corruption.
Together, we are addressing
both its preventive and coercive
side, affecting citizens as well as
enterprises, at the central
and local level”
Official visit of Mr. Youssef Chahed, Head of the Government
of Tunisia, to the OECD (Paris, 14 February 2019)
In 2016: a law
guaranteeing
access to
information
was adopted
In 2017: a whistle-
blower protection
law was adoptedIn 2011: a National
Anti-Corruption
Agency
was created
In 2013: an
online public
procurement
platform
(“TUNEPS”) was
introduced
In 2014: a Code
of Conduct for
public officials is
implemented in
central and local
administrations
Good Governance and Anti-Corruption in Tunisia 76 Good Governance and Anti-Corruption in Tunisia
CONTEXT
67%
of Tunisians
believe corruption
has increased
in 2017.
64%
of Tunisians think
the government’s
performance in
fighting against
corruption is bad
or mediocre.
59%
of Tunisians believe
they can make
a difference in
the fight against
corruption but 61%
are afraid to report
corruption for fear
of retaliation.4
Making local public
services more responsive
OBJECTIVES
The project aims to improve public services at central
and local levels. It includes:
1Working with public service providers to enhance the
quality and reduce corruption risks, by:
✔ Conducting vulnerability scans and implementing
their recommendations
✔ Developing citizen charters and implementing
their commitments
2Empowering citizens, civil society and the media to hold
service providers accountable, by:
✔ Assessing existing complaint mechanisms
✔ Building Civil Society Organisations’ (CSOs) capacity to
monitor service providers
1 MUNICIPAL
TAX
COLLECTION
IN BÉJA
2 HEALTH
FACILITIES
IN SOUSSE
3 WASTE
MANAGEMENT
IN TOZEUR
Tozeur
Beja
Sousse
Tunis1
2
3
WHAT HAS BEEN DONE SO FAR?
Using the available data and relying on already-
existing innovative experiences, the following public
services were selected as pilots: municipal tax collection
in Béja, health facilities in Sousse and waste
management in Tozeur.
Public services’ vulnerability scans
A vulnerability scan aims to identify
specific processes within institutions that may be
vulnerable to corruption. It is a learning exercise for
the institution reviewed and an accountability tool
for users. It looks at individual institutions or systems
to evaluate the control environment, the risks for
corruption and the existing safeguards.
Withtheinvolvementoflocalauthorities,
andadoptingaparticipatorymethodology,
theOECDhas:
n Conducted 3 vulnerability scans on
corruption risks in tax, health and waste
sectors in partnership with the Tunisian
Auditors Association (ATCP) and a local polling
firm, based on the experience of OECD member
and partner countries.
n Each vulnerability scan laid out more than 20 targeted
recommendations. The OECD provides on-site technical
support for the implementation of key recommendations
in order to make the 3 services more efficient and
responsive to citizens’ expectations.
1
CREATING
RESPONSIVENESS
Mrs. Louise de Sousa,
Ambassador of the
United Kingdom to
Tunisia, opening the
national conference
to present the
vulnerability scans
and the citizen
charters (Tunis, 25
March 2019)
8 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 9
Citizen Charters
A citizen charter is a voluntary public commitment
made by a service provider to uphold standards of
quality, transparency and accountability. Citizen
charters are also an important tool allowing citizens
to exercise their watchdog function and hold service
providers accountable. It is essential that such
charters are developed in a participatory way, include
measureable indicators and are widely publicised.
n The OECD has supported the Ministry of Civil
Service, the Modernisation of the Administration and
Public Policies in developing a common methodology
for such citizen charters.
n In December 2018, the decree regulating the
relationship between the administration and its users
was amended. Citizen charters are now mandatory
for all public authorities in direct contact with the
public and they need to report on the fulfilment of
their commitments every year.
n The OECD provided guidance and technical assistance
to support the development of citizen charters for 3
pilot public services: municipal tax collection in Béja,
health facilities in Sousse and waste management in
Tozeur. The charters were developed in a participatory
way, including civil society consultations conducted in
partnership with the local CSO Jamaity. The 3 citizens’
charters are finalised and are available to the citizens of
Béja, Sousse, and Tozeur.
Examples of commitments laid
out in citizens’ charters:
n Improving the municipality’s website by creating a
webpage explaining the role of the municipal tax in the
development of Béja
n Reducing waiting time for patients by using an
appointment management application in Sahloul hospital
n Ensuring the collection of garbage in Tozeur at least
once every two days
1
CREATING
RESPONSIVENESS
In 2018
Adoption of the decree
No. 2018-1067 of
25 December 2018
Complementing Decree
No. 93-982 of 3 May
1993, setting the general
framework of the
relationship between
the administration and
its users
80% of Béja’s
surveyed citizens
are concerned with the
issue of corruption
in tax collection
More than 44%
of Tozeur’s surveyed
citizens think that waste
management is the top
environmental concern
for their city
58% of surveyed
patients in Sahloul’s
hospital in Sousse
admitted to have paid a
bribe to access better
health services
Citizen Charter of
Sahloul Hospital,
Sousse
Citizen charter poster in the city of Tozeur, Tunisia
10 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 11
THE WAY FORWARD
WORKING WITH PUBLIC SERVICE PROVIDERS
n	Ensure broad dissemination of the charters to the attention of citizens in the
three pilot areas and support the development of citizen charters in Sidi Bouzid
and Tataouine
n	Continue supporting the implementation of the recommendations of the
vulnerability scans to improve local service delivery in the three pilot services
EMPOWERING CITIZENS, CIVIL SOCIETY AND THE MEDIA
n	Partner with local CSOs to develop capacity building activities to monitor
service providers’commitments included in the citizen charters and process
citizens’ complaints
n	Assess existing complaint and citizen participation and support their
improvement
Access to good practices
In coordination with the National Federation of Tunisian
Cities, the OECD identified good practices in local
governance to better fight corruption which can be
replicated and adapted by different municipalities.
n These good
practices are
presented in
the publication
Good governance
at the local
level to increase
transparency and
accountability in
service delivery:
Tunisian and
international
experiences.
1 1
CREATING
RESPONSIVENESS
CREATING
RESPONSIVENESS
KEY OUTCOMES
Adoption of the decree regulating relations
between the administration and its users
This makes the adoption of citizen charters
compulsory for all public administrations in direct contact
with citizens and mandating a self-assessment of the
fulfillment of the commitments on a yearly basis (Decree
number 2018-1067).
Creation of quality commitments
and watchdog mechanisms
Thanks to the vulnerability scans and the citizen
charters, the three pilot municipalities have committed to
uphold the quality of their services for:
✔ 	The 800 daily patients of the Sahloul hospital in Sousse
✔ 	The 40,000 citizens of the municipality of Tozeur in the
area of waste management
✔ 	The 80,000 citizens of the municipality of Béja, in the
area of municipal tax collection
Setting-up of a citizen dialogue platform
The OECD worked to sensitise the pilot municipalities
to the importance of involving CSOs and citizens in
the elaboration of the citizen charters and the monitoring
of their implementation. It required a behavioural change
on their part but the three pilots have now embraced the
citizens-centred approach towards service delivery. The
vulnerability scans and the citizen charters were developed
in a participatory manner. Service providers have successfully
partnered with local CSOs to conduct monitoring and
communication missions. This process improves local
authorities’ understanding of citizens’ needs and capacity to
adapt their services accordingly.
BONNE GOUVERNANCE AU NIVEAU LOCAL
POUR ACCROITRE LA TRANSPARENCE &
LA REDEVABILITÉ DANS LA PRESTATION
DE SERVICES : EXPÉRIENCES DE TUNISIE
& D’AILLEURS
Good Governance and Anti-Corruption in Tunisia 1312 Good Governance and Anti-Corruption in Tunisia
OBJECTIVES
The project aims to strengthen coordination among
key governance and anti-corruption actors - both
at central and local levels - in order to create a more
effective anti-corruption system in which information is
shared, synergies are created and the risk of overlaps is
minimised. It includes:
✔ 	Supportingcoordinationofthenational
anti-corruptionstrategy
✔ 	Improvingtheperformanceofgovernanceunits
✔ 	Supportingcoordinationofnationalanti-corruption
commitments,suchasaccesstoinformation
WHAT HAS BEEN DONE SO FAR?
National anti-corruption strategy
A key challenge to efficiency in governance and anti-
corruption is the limited coordination between national
authorities and international partners. The OECD
supports INLUCC to steer a coordination platform on the
implementation of the national anti-corruption strategy,
in collaboration with UNDP.
n The project also contributes to the National Anti-
Corruption Congress, held every year, which represents
an important opportunity to enhance coordination and
synergies between anti-corruption actors.
Governance units
Governance units were created in each ministry, governorate,
capital municipality and state-owned enterprise in 2016
and were tasked with ensuring the application of good
governance principles, monitoring compliance with codes
of ethics and the prevention and follow-up of corruption
Better governance
coordination
CONTEXT
n Many
organisations
participate in
different ways in the
prevention and fight
against corruption.
n Overlapping
competencies and a
lack of co-ordination
undermine the
efficiency of
preventive and
corrective action
against corruption.
2
CREATING
CONNECTIONS
cases.
At present, uncertainty as regards to their position
hampers their effectiveness, yet they can constitute a
powerful tool for the cross-sectional integration of good
governance and anti-corruption principles.
n The project supported the institutionalisation of a
coordination mechanism between governance units.
A working group was created to oversee the elaboration
of a guide that will support them in carrying out their
mandate. The group will also exchange with other
actors in the field to ensure coordination and avoid
duplication of functions.
n The project is supporting the appropriation of the guide’s
tools through a training programme focusing on corruption
detection and prevention, strategy-planning, and
reporting.
Access to information
Following the adoption of the Access to Information
(ATI) Law in 2016, the project supported the creation
of a new working group that gathers the main ATI
stakeholders: representatives from the Government,
Access to
information Guide
for public officials
the Independent Access to Information Commission
(INAI) and civil society.
n The group promoted coordination between the
various ATI actors and elaborated a common guide for
public officials. 647 public institutions are now using
the same procedure to uniformly implement the ATI
law at the central and local level.
THE WAY FORWARD
IMPROVING THE PERFORMANCE OF GOVERNANCE UNITS
n Support governance units in carrying out their mandate throughtheelaborationand
dissemination of a procedural guide and practical tools
n	Ensure a comprehensive capacity-building program, targeting the most important
needs of governance units at central and local level
Good Governance and Anti-Corruption in Tunisia 1514 Good Governance and Anti-Corruption in Tunisia
OBJECTIVES
The project supports the improvement of the public
audit system, working with the High Committee for
Administrative and Financial Control (HCCAF), the three
general control bodies (for public service - CGSP, finance
– CGF, and state property and land affairs - CGDEAF) and
with inspection and audit officials in public institutions.
It includes:
Better public auditing
CONTEXT
The 2014 OECD
review of Tunisia’s
control and audit
system stressed
that audit
recommendations
rarely resulted
in the expected
change since there
is no mechanism
to monitor their
implementation.5
✔ Improving the follow-up of audit recommendations
✔ Strengthening the capacities of auditors
and controllers
✔ Strengthening the role and impact of ministerial
inspection units
2
CREATING
CONNECTIONS
WHAT HAS BEEN DONE SO FAR?
Follow-up of audit recommendations
To improve the monitoring of audit recommendations’
implementation, the OECD supported the HCCAF to
test a new method: the proximity follow-up approach.
n This led to a system change since the HCCAF
decided to adopt the method as its new standard.
Proximity follow-up is now being rolled out
throughout the institution to all follow-up missions
of audit reports.
What is the proximity follow-up approach?
n A new way to monitor the implementation of audit recommendations by controlled
entities that, instead of relying solely on paper evidence, uses in-person supervision
missions to verify if and how the reported anomalies have been addressed and corrected.
n In 2017-2018, the OECD supported the HCCAF to conduct proximity follow-up
missions for over 40 control reports. This number increased to 57 in 2019, covering
notably the sectors of health, energy, transportation, environment, education,
agriculture, public finance, or trade at both the central and local levels.
n The percentage of audit recommendations addressed after the first follow-up mission
increased from 42% to 80% compared with the classical paper-based approach.
Strengthening the capacities of auditors
and controllers
Risk-based auditing: Audit entities can use risk
assessment in multi-year audit planning to help target
their limited resources on high-risk areas as well as to
delimit the scope of individual audit missions to target
the activities that are most prone to mismanagement
and corruption in an organisation.
n In order to ensure the sustainability of this approach,
the OECD and the HCCAF prepared a guide on how to
use risk assessment in multi-year audit planning.
The percentage
of audit
recommendations
addressed increased
from 42% to 80%
Guide on Using Risk
Assessment in Multi-
year Performance
Audit Planning
16 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 17
2
CREATING
CONNECTIONS
KEY OUTCOMES
Increased coordination among Access
to information stakeholders
The project helped to overcome the challenge
of overlapping competencies and enabled a coordinated
approach between governmental entities, independent
institutions and civil society in the implementation of
the 2016 Access to Information Law. The working group
elaborated an operational guide for the 647 public institutions
covered by the law, translating its provisions into practice.
Successful implementation and generalisation
of the proximity follow-up approach
The proximity follow-up approach delivered
rapid results: the overall number of reports handled rose
from 77 in 2015 to 120 in 2018-2019, and the percentage
of audit recommendations addressed doubled from 42%
to 80%. The OECD is now supporting the generalisation
of the proximity-follow-up approach to all audit reports.
Improvement of audit processes
and working methods
Over 80% of controllers of the three general control
bodies received training to improve auditing methods. 124
out of a total of 152 controllers received training on at least
one of the following auditing processes: follow-up of audit
recommendations, risk-based audit planning, audit report
drafting and auditing fraud prevention arrangements.
2
CREATING
CONNECTIONS
Over 80% of
controllers of the three
general control bodies
received training to improve
auditing methods
Improving the quality of audit reports: Through short-
term assignments within the three general control
bodies, an OECD peer reviewed audit reports of the three
general control bodies, and provided individual training
on report writing.
Improving the role of controllers in tackling fraud and
corruption: Controllers were trained to assess their
organisation’s existing anti-corruption mechanisms
and better detect and investigate fraud to ensure greater
public sector integrity.
Training of Trainers: The OECD conducts a training
of trainers programme to ensure the dissemination
and sustainable uptake of international standards and
working procedures contained in guides and tools that
were developed during the first two project years.
Strengthening the role and impact
of ministerial inspection units
Inspectors from central and local level are trained to
adopt more efficient and harmonised working methods
in line with international standards. The capacity-
building programme notably focuses on how to effectively
prepare, conduct, and report on inspection missions, and
implement the most up-to-date tools (such as ICTs) in
detecting corruption inside the inspected institutions.
THE WAY FORWARD
FOLLOW-UP OF AUDIT RECOMMENDATIONS
n	Facilitate the institutionalisation of the proximity follow-up approach through continued
support to the HCCAF for proximity follow-up missions
STRENGHTENING MINISTERIAL INSPECTION UNITS
n	Developamethodologicalguideandacustomisedcodeofprofessionalconductforinspectors Annual HCCAF Congress on audit, public control and performance
(Tunis, 3-4 October 2018)
18 Good Governance and Anti-Corruption in Tunisia
WHAT HAS BEEN DONE SO FAR?
Encouraging dialogue between public service
providers and SMEs
The OECD promotes a sustainable platform for an
inter-institutional dialogue between the Presidency of
Government, the Administrative Tribunal, the Ministry
of Justice, the Ministry of Finance, local officials, and
SMEs, on SMEs’ experiences in accessing public services
in order to improve public service delivery.
	
n Thanks to the dialogue supported by the platform,
OECD experts were able to conduct a survey among
SMEs and service providers in three pilot regions (Béja,
Sousse and Tozeur) to evaluate SMEs’ legal needs and
challenges in accessing public services.
Supporting SMEs in the post-creation phase
The Bank Financing Small and Medium Enterprises
(BFPME) is one of the main Tunisian public actor
providing assistance to SMEs in the development of their
business plans and facilitating their access to financing.
The BFPME has its headquarters in Tunis as well as 24
regional offices.
n The OECD supports the BFPME in creating a team
of “post-creation” advisors and building up their
capacities in order to improve the service offer to SMEs
in their early development stages. The new advisors
will be able to direct SMEs towards appropriate public
financing options and assist them in conducting a global
performance diagnosis.
n This assistance will help SMEs overcome difficulties in
the post-creation phase, especially as regards exchanges
with the administration, and secure growth and
sustainability in their activities.
Better local public services
for a better business
enabling environment
CONTEXT
6
procedures
are required
to start up a
business in Tunisia,
a higher number
than the average of
OECD high income
countries according
toDoingBusiness
2019.6
15.7%of SMEs were
satisfied with the
service provided
by first instance
tribunals in 2018.7
10%of the
200,000
cases received
annually were
treated by the first
instance tribunals
in 2017.8
OBJECTIVES
The project aims to support the development of SMEs
through a better access to public services at the central
and local level by:
✔ Encouraging greater dialogue between
public service providers and SMEs and identifying
administrative burdens and delays
✔ SupportingnewlycreatedSMEsinthe
post-creationphase
✔ Improving SMEs’ reception & access to justice services
3
CREATING
PROSPERITY
Good Governance and Anti-Corruption in Tunisia 19
In2018,theBFPME
financed 1621 SME
projects for a total cost
of investments of nearly
£321 million, and since its
founding, 30,023 jobs were
created thanks to
its support.
20 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 21
Bizerte
Sousse
Gabès
Kairouan
Médenine
Sfax
Kasserine
Gafsa
Sidi Bouzid
Kef
Tunis
Nabeul
THE WAY FORWARD
IMPROVE SMES’ RECEPTION AND ACCESS TO JUSTICE SERVICES
n	Support the Ministry of Finance and the Administrative Tribunal in signing a convention
to facilitate the exchange of documents between the two institutions
n	Provide tailored training to magistrates to facilitate the handling of judicial cases by
using digital tools
SUPPORTING SMES IN THE POST-CREATION PHASE
n	Support the BFPME in strengthening its offer to SMEs in their early development
stages through a capacity-building program for advisors and the elaboration
of a best practice guide
3
CREATING
PROSPERITY
Meeting with the Secretary General of the
Administrative Tribunal of Tunisia
(Tunis, 16 March 2018)
Regional
Chambers of the
Administrative
Tribunal
Improve SMEs’ reception and
access to justice services
Administrative justice oversees public institutions
and addresses litigations related to them. The OECD
supports the Administrative Tribunal in Tunis and
its 12 regional Chambers in Bizerte, Kef, Sousse,
Monastir, Gabès, Sfax, Kasserine, Gafsa, Médenine,
Nabeul, Sidi Bouzid, and Kairouan to improve the
information and orientation of citizens and SMEs on
services provided by the Administrative Tribunals.
n The OECD elaborated a draft brochure detailing the
required documents and necessary steps needed to
file an appeal and apply for legal aid.
n The OECD also works to help reduce delays in
addressing fiscal disputes with SMEs by improving
communication between the Ministry of Finance
and the Administrative Tribunal using digital
technologies. A Memorandum of Understanding
between the two institutions will institutionalise this
change in working procedure.
20 Good Governance and Anti-Corruption in Tunisia
22 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 23
More transparency
in public procurement
OBJECTIVES
The project aims to reinforce transparency and
efficiency in public procurement by:
✔ Enhancing access to public procurement
opportunities for SMEs
✔ Developing a risk management strategy in
public procurement
✔ Adopting transparency measures and tools
CONTEXT
With public
procurement
accounting for
about 15% of
Tunisia’s GDP and
40%
of the state
budget, it offers
huge business
opportunities.
25%
of the volume of
public contracts are
lost by the State to
corruption.9
	
17%
of public contracts
are awarded to
SMEs,10
yet they
account for 2/3
of the Tunisian
economy, 65% of
employment, and
90% of all companies
in Tunisia.11
3
CREATING
PROSPERITY
Stratégie de Management
des Risques dans les
Marchés Publics en
Tunisie
WHAT HAS BEEN DONE SO FAR?
Public procurement opportunities for SMEs
The OECD delivered a benchmark report on SMEs’
access to public procurement in close cooperation with
the High Authority for Public Procurement (HAICOP),
contracting authorities and business representatives.
This benchmark report Improve SMEs’ access to public
procurement in Tunisia: The path to follow provides
a comprehensive overview of the challenges SMEs
face in accessing public procurement, as well as key
recommendations to enhance the regulatory framework
and supporting tools to improve SMEs’ access to public
procurement.
n On the basis of this report, the OECD supported
relevant stakeholders from HAICOP, contracting
authorities, SMEs and business representatives to
explore new approaches to improve SMEs’ access to
public procurement.
Risk management strategy in public procurement
Risk management is a key element of Tunisia’s efforts
to improve performance and integrity of the public
procurement system.
Améliorer l’accès des PME
aux marchés publics en
Tunisie : la voie à suivre
24 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 25
THE WAY FORWARD
RISK MANAGEMENT STRATEGY IN PUBLIC PROCUREMENT
n	Continue to provide on-site support to generalise the integration of risk management
in public procurement operations in pilot entities
E-PROCUREMENT
n	Conduct consultations with different stakeholders, including vulnerable groups, on the
access, transparency and user-friendliness of the online public procurement platform
“TUNEPS” and develop recommendations on this basis to improve its functionalities
n HAICOP officially launched the risk management
strategy in March 2019 and committed to integrate it in
the legal framework. This customised strategy and an
implementation guide were developed by the OECD and
HAICOP in close cooperation with Tunisian procurement
professionals.
n The quality and applicability of the risk management
approach were tested by 5 pilot entities that received
continuous on-site support by the OECD and HAICOP
experts.
Enhancing the cycle of e-procurement
The OECD is working with HAICOP to enhance
the use of the e-procurement system “TUNEPS” by
vulnerable groups. This includes supporting a policy
dialogue, strengthening the capacities for suppliers and
contracting authorities to use TUNEPS effectively and
enhancing the system’s functionalities.
3
CREATING
PROSPERITY
KEY OUTCOMES
Creation of a platform for dialogue on SMEs`
needs in accessing public services
The project promoted a sustainable platform
for an inter-institutional dialogue between public
institutions and SMEs. The exchange on SMEs`
experiences in accessing public services allows the
administration to tailor its services to the actual needs
of SMEs.
Optimisation of HAICOP’s
e-procurement platform
Following OECD recommendations from the
benchmark report on improving SMEs’ access to public
procurement, HAICOP has i) integrated its e-procurement
platform with other government platforms and ii)
developed a functionality to block the launch of a tender
if not foreseen initially in the procurement plan of the
entity. Those changes will simplify SMEs’ access and
participation to procurement opportunities.
Adoption of a risk management strategy and
tools in public procurement & generalisation
of risk management working tools
The OECD supported HAICOP in elaborating a risk
management strategy and integrating it within its legal
framework. It also provided training in the adoption of
risk management working tools to its staff as well as to
public officials from 5 pilot entities. This will promote
the institutionalisation of risk management throughout
the public procurement system and thus contribute to
its greater efficiency.
3
CREATING
PROSPERITY
The five pilot entities are
the Ministry of Equipment,
the Ministry of Transport,
the Ministry of Agriculture,
the National Railway
Company (SNCFT) and the
Electricity and Gas
Company (STEG)
26 Good Governance and Anti-Corruption in Tunisia
1. Afrobarometer,
1 October 2018
2. Ibid
3. JeuneAfrique,
25 September 2018
4. Afrobarometer, 1 October 2018
5. OECD (2014), Examen de l’OCDE
du Système de contrôle et d’audit
de la Tunisie : Gestion des risques
dans les institutions publiques
6. World Bank (2019),
Doing Business Report
7. Institute One to One for
Research and Polling (2018)
8. OECD (2018), Renforcer l’Accès
des PME aux Services Publics et au
Règlement des Différends
9. HuffPost, 2 April 2018
10. EBRD (2018), Making electronic
public procurement work for
SMEs in Tunisia
11. Confederation of Tunisian
Citizen Enterprises (2015),
L’accès au financement des
PME en Tunisie
Good Governance and Anti-Corruption in Tunisia 27
This project builds on the work of the
MENA-OECD Governance Programme and the
OECD Recommendations on Open Government,
Public Integrity and Public Procurement
REFERENCES
Recommendation of the Council on
OECD Legal
Instruments
Open Government
8
OECD RECOMMENDATION OF
THE COUNCIL ON PUBLIC INTEGRITY
OECD
RECOMMENDATION
OF THE COUNCIL ON
PUBLIC
PROCUREMENT
Directorate for Public Governance
and Territorial Development
OECD Recommendation
of the Council on Public
Integrity (2017)
OECD Recommendation of the
Council on Open Government
(2017)
OECD Recommendation
of the Council on Public
Procurement (2017)
28 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 29
NOTES NOTES
30 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 31
ABOUT THE OECD
The Organisation for Economic
Co-operation and Development
(OECD) is an international
body that promotes policies
to improve the economic and
social well-being of people
around the world. It is made
up of 36 member countries,
a secretariat in Paris, and a
committee, drawn from experts
from government and other
fields, for each work area
covered by the Organization.
The OECD provides a forum in
which governments can work
together to share experiences
and seek solutions to common
problems. We collaborate with
governments to understand
what drives economic, social
and environmental change. We
measure productivity and global
flows of trade and investment.
For more information, please
visit www.oecd.org
CONFLICT, STABILITY AND
SECURITY FUND OF THE UNITED
KINGDOM FOREIGN OFFICE
The United Kingdom provides
development assistance to
Tunisia through the Conflict
Stability and Security Fund.
The fund is managed by the
British Embassy Tunis.
NOTES
The MENA-OECD Governance
Programme is a strategic
partnership between MENA
and OECD countries to share
knowledge and expertise,
with a view of disseminating
standards and principles of good
governance that support the
ongoing process of reform in the
MENA region. The Programme
strengthens collaboration with
the most relevant multilateral
initiatives currently underway
in the region. In particular,
the Programme supports
the implementation of the
G7 Deauville Partnership
and assists governments in
meeting the eligibility criteria
to become a member of the
Open Government Partnership.
Through these initiatives, the
Programme acts as a leading
advocate of managing ongoing
public governance reforms in the
MENA region. The Programme
provides a sustainable structure
for regional policy dialogue
as well as for country specific
projects. These projects
correspond to the commitment
of MENA governments to
implement public sector reforms
in view of unlocking social and
economic development and
of meeting citizens’ growing
expectations in terms of quality
services, inclusive policy making
and transparency.
32 Good Governance and Anti-Corruption in Tunisia
For more information please contact:
Amira Tlili
Policy Analyst and Project Coordinator
amira.tlili@oecd.org
Follow us on Twitter:
#Hawkama4Tunisia
@OECDgov
@UKinTunisia
Information about the project is available at:
oe.cd/hawkama4tunisia

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Good governance and anti-corruption in Tunisia Sept 19 v2

  • 1. Good Governance and Anti-Corruption in Tunisia 1 Good Governance and Anti-Corruption in Tunisia Project Highlights – September 2019
  • 2. Good Governance and Anti-Corruption in Tunisia 3 Good Governance and Anti-Corruption in Tunisia This brochure provides an overview of the project “Good Governance and Anti-Corruption in Tunisia”, its objectives, main achievements and the way forward. With the financial support of the Foreign and Commonwealth Office of the UK, the OECD is implementing this project in coordination with its Tunisian counterparts over a period of 3 years, from 2017 until 2020. Objective of the project The project aims to enhance stability, prosperity and citizens’ trust in Tunisia. It accompanies Tunisia in fulfilling its good governance commitments of the London Anti-Corruption Conference and in implementing the 2016-2020 national anti-corruption strategy. Three focus areas Building on the work of the MENA-OECD Governance Programme and the OECD Recommendations on Public Integrity, Open Government and Public Procurement, the project focuses on: CREATING RESPONSIVENESS ✔ Better local public services for citizens ✔ Empower citizens to monitor public service delivery CREATING CONNECTIONS ✔ Better governance coordination ✔ Better public auditing CREATING PROSPERITY ✔ Better local public services for a better business enabling environment ✔ More transparency in public procurement 1 2 3 Partners & Beneficiaries: Presidency of the Government, Ministry of Civil Service, Modernisation of Administration and Public Policies, Ministry of Local Affairs and Environment, Ministry of Justice, Ministry of Finance, High Authority for Public Procurement (HAICOP), Administrative Tribunal and Regional Chambers, Financing Bank for Small and Medium Enterprises (BFPME), National anti-corruption agency (INLUCC), High Committee for Administrative and Financial Control (HCCAF), National Commission for access to information (INAI), National Federation of Tunisian Cities (FNVT), Tunisian Institute for Democracy and Development, Tunisian Association of Public Controllers (ATCP), Local authorities, Inspectorates, Civil society, Media, Control bodies, SMEs, Public enterprises Signing Ceremony for the UK-Tunisia Memorandum of Understanding with (from left to right) Mrs. Louise de Sousa, Ambassador of the United Kingdom to Tunisia, Mr. Alistair Burt, Minister of State for the Middle East of the United Kingdom, Mr. Kamel Ayadi, President of HCCAF, Tunisia, Mr. Rolf Alter, Director of the OECD Public Governance Directorate and Mr. Hedi Mekni, Secretary General of the Tunisian Government (Tunis, 3 August 2017)
  • 3. In 2014: a new public procurement decree was adopted to improve transparency, governance and complaint mechanisms This project builds on existing efforts of the Tunisian Government to address corruption Despite this progress, corruption continues to undermine Tunisia’s transition: Widespread corruption was one of the major causes of the 2011 Revolution in Tunisia. Corruption is perceived as the 3rd main problem in the country after unemployment and the management of the economy.2 Corruption costs represent 54% of Tunisia’s GDP.3 Corruption costs represent 54% of Tunisia’s GDP 59%ofTunisiansbelievetheycanmakea differencein the fight againstcorruption1 4 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 5 “The OECD is a major ally in our fight against corruption. Together, we are addressing both its preventive and coercive side, affecting citizens as well as enterprises, at the central and local level” Official visit of Mr. Youssef Chahed, Head of the Government of Tunisia, to the OECD (Paris, 14 February 2019) In 2016: a law guaranteeing access to information was adopted In 2017: a whistle- blower protection law was adoptedIn 2011: a National Anti-Corruption Agency was created In 2013: an online public procurement platform (“TUNEPS”) was introduced In 2014: a Code of Conduct for public officials is implemented in central and local administrations
  • 4. Good Governance and Anti-Corruption in Tunisia 76 Good Governance and Anti-Corruption in Tunisia CONTEXT 67% of Tunisians believe corruption has increased in 2017. 64% of Tunisians think the government’s performance in fighting against corruption is bad or mediocre. 59% of Tunisians believe they can make a difference in the fight against corruption but 61% are afraid to report corruption for fear of retaliation.4 Making local public services more responsive OBJECTIVES The project aims to improve public services at central and local levels. It includes: 1Working with public service providers to enhance the quality and reduce corruption risks, by: ✔ Conducting vulnerability scans and implementing their recommendations ✔ Developing citizen charters and implementing their commitments 2Empowering citizens, civil society and the media to hold service providers accountable, by: ✔ Assessing existing complaint mechanisms ✔ Building Civil Society Organisations’ (CSOs) capacity to monitor service providers 1 MUNICIPAL TAX COLLECTION IN BÉJA 2 HEALTH FACILITIES IN SOUSSE 3 WASTE MANAGEMENT IN TOZEUR Tozeur Beja Sousse Tunis1 2 3 WHAT HAS BEEN DONE SO FAR? Using the available data and relying on already- existing innovative experiences, the following public services were selected as pilots: municipal tax collection in Béja, health facilities in Sousse and waste management in Tozeur. Public services’ vulnerability scans A vulnerability scan aims to identify specific processes within institutions that may be vulnerable to corruption. It is a learning exercise for the institution reviewed and an accountability tool for users. It looks at individual institutions or systems to evaluate the control environment, the risks for corruption and the existing safeguards. Withtheinvolvementoflocalauthorities, andadoptingaparticipatorymethodology, theOECDhas: n Conducted 3 vulnerability scans on corruption risks in tax, health and waste sectors in partnership with the Tunisian Auditors Association (ATCP) and a local polling firm, based on the experience of OECD member and partner countries. n Each vulnerability scan laid out more than 20 targeted recommendations. The OECD provides on-site technical support for the implementation of key recommendations in order to make the 3 services more efficient and responsive to citizens’ expectations. 1 CREATING RESPONSIVENESS Mrs. Louise de Sousa, Ambassador of the United Kingdom to Tunisia, opening the national conference to present the vulnerability scans and the citizen charters (Tunis, 25 March 2019)
  • 5. 8 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 9 Citizen Charters A citizen charter is a voluntary public commitment made by a service provider to uphold standards of quality, transparency and accountability. Citizen charters are also an important tool allowing citizens to exercise their watchdog function and hold service providers accountable. It is essential that such charters are developed in a participatory way, include measureable indicators and are widely publicised. n The OECD has supported the Ministry of Civil Service, the Modernisation of the Administration and Public Policies in developing a common methodology for such citizen charters. n In December 2018, the decree regulating the relationship between the administration and its users was amended. Citizen charters are now mandatory for all public authorities in direct contact with the public and they need to report on the fulfilment of their commitments every year. n The OECD provided guidance and technical assistance to support the development of citizen charters for 3 pilot public services: municipal tax collection in Béja, health facilities in Sousse and waste management in Tozeur. The charters were developed in a participatory way, including civil society consultations conducted in partnership with the local CSO Jamaity. The 3 citizens’ charters are finalised and are available to the citizens of Béja, Sousse, and Tozeur. Examples of commitments laid out in citizens’ charters: n Improving the municipality’s website by creating a webpage explaining the role of the municipal tax in the development of Béja n Reducing waiting time for patients by using an appointment management application in Sahloul hospital n Ensuring the collection of garbage in Tozeur at least once every two days 1 CREATING RESPONSIVENESS In 2018 Adoption of the decree No. 2018-1067 of 25 December 2018 Complementing Decree No. 93-982 of 3 May 1993, setting the general framework of the relationship between the administration and its users 80% of Béja’s surveyed citizens are concerned with the issue of corruption in tax collection More than 44% of Tozeur’s surveyed citizens think that waste management is the top environmental concern for their city 58% of surveyed patients in Sahloul’s hospital in Sousse admitted to have paid a bribe to access better health services Citizen Charter of Sahloul Hospital, Sousse Citizen charter poster in the city of Tozeur, Tunisia
  • 6. 10 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 11 THE WAY FORWARD WORKING WITH PUBLIC SERVICE PROVIDERS n Ensure broad dissemination of the charters to the attention of citizens in the three pilot areas and support the development of citizen charters in Sidi Bouzid and Tataouine n Continue supporting the implementation of the recommendations of the vulnerability scans to improve local service delivery in the three pilot services EMPOWERING CITIZENS, CIVIL SOCIETY AND THE MEDIA n Partner with local CSOs to develop capacity building activities to monitor service providers’commitments included in the citizen charters and process citizens’ complaints n Assess existing complaint and citizen participation and support their improvement Access to good practices In coordination with the National Federation of Tunisian Cities, the OECD identified good practices in local governance to better fight corruption which can be replicated and adapted by different municipalities. n These good practices are presented in the publication Good governance at the local level to increase transparency and accountability in service delivery: Tunisian and international experiences. 1 1 CREATING RESPONSIVENESS CREATING RESPONSIVENESS KEY OUTCOMES Adoption of the decree regulating relations between the administration and its users This makes the adoption of citizen charters compulsory for all public administrations in direct contact with citizens and mandating a self-assessment of the fulfillment of the commitments on a yearly basis (Decree number 2018-1067). Creation of quality commitments and watchdog mechanisms Thanks to the vulnerability scans and the citizen charters, the three pilot municipalities have committed to uphold the quality of their services for: ✔ The 800 daily patients of the Sahloul hospital in Sousse ✔ The 40,000 citizens of the municipality of Tozeur in the area of waste management ✔ The 80,000 citizens of the municipality of Béja, in the area of municipal tax collection Setting-up of a citizen dialogue platform The OECD worked to sensitise the pilot municipalities to the importance of involving CSOs and citizens in the elaboration of the citizen charters and the monitoring of their implementation. It required a behavioural change on their part but the three pilots have now embraced the citizens-centred approach towards service delivery. The vulnerability scans and the citizen charters were developed in a participatory manner. Service providers have successfully partnered with local CSOs to conduct monitoring and communication missions. This process improves local authorities’ understanding of citizens’ needs and capacity to adapt their services accordingly. BONNE GOUVERNANCE AU NIVEAU LOCAL POUR ACCROITRE LA TRANSPARENCE & LA REDEVABILITÉ DANS LA PRESTATION DE SERVICES : EXPÉRIENCES DE TUNISIE & D’AILLEURS
  • 7. Good Governance and Anti-Corruption in Tunisia 1312 Good Governance and Anti-Corruption in Tunisia OBJECTIVES The project aims to strengthen coordination among key governance and anti-corruption actors - both at central and local levels - in order to create a more effective anti-corruption system in which information is shared, synergies are created and the risk of overlaps is minimised. It includes: ✔ Supportingcoordinationofthenational anti-corruptionstrategy ✔ Improvingtheperformanceofgovernanceunits ✔ Supportingcoordinationofnationalanti-corruption commitments,suchasaccesstoinformation WHAT HAS BEEN DONE SO FAR? National anti-corruption strategy A key challenge to efficiency in governance and anti- corruption is the limited coordination between national authorities and international partners. The OECD supports INLUCC to steer a coordination platform on the implementation of the national anti-corruption strategy, in collaboration with UNDP. n The project also contributes to the National Anti- Corruption Congress, held every year, which represents an important opportunity to enhance coordination and synergies between anti-corruption actors. Governance units Governance units were created in each ministry, governorate, capital municipality and state-owned enterprise in 2016 and were tasked with ensuring the application of good governance principles, monitoring compliance with codes of ethics and the prevention and follow-up of corruption Better governance coordination CONTEXT n Many organisations participate in different ways in the prevention and fight against corruption. n Overlapping competencies and a lack of co-ordination undermine the efficiency of preventive and corrective action against corruption. 2 CREATING CONNECTIONS cases. At present, uncertainty as regards to their position hampers their effectiveness, yet they can constitute a powerful tool for the cross-sectional integration of good governance and anti-corruption principles. n The project supported the institutionalisation of a coordination mechanism between governance units. A working group was created to oversee the elaboration of a guide that will support them in carrying out their mandate. The group will also exchange with other actors in the field to ensure coordination and avoid duplication of functions. n The project is supporting the appropriation of the guide’s tools through a training programme focusing on corruption detection and prevention, strategy-planning, and reporting. Access to information Following the adoption of the Access to Information (ATI) Law in 2016, the project supported the creation of a new working group that gathers the main ATI stakeholders: representatives from the Government, Access to information Guide for public officials the Independent Access to Information Commission (INAI) and civil society. n The group promoted coordination between the various ATI actors and elaborated a common guide for public officials. 647 public institutions are now using the same procedure to uniformly implement the ATI law at the central and local level. THE WAY FORWARD IMPROVING THE PERFORMANCE OF GOVERNANCE UNITS n Support governance units in carrying out their mandate throughtheelaborationand dissemination of a procedural guide and practical tools n Ensure a comprehensive capacity-building program, targeting the most important needs of governance units at central and local level
  • 8. Good Governance and Anti-Corruption in Tunisia 1514 Good Governance and Anti-Corruption in Tunisia OBJECTIVES The project supports the improvement of the public audit system, working with the High Committee for Administrative and Financial Control (HCCAF), the three general control bodies (for public service - CGSP, finance – CGF, and state property and land affairs - CGDEAF) and with inspection and audit officials in public institutions. It includes: Better public auditing CONTEXT The 2014 OECD review of Tunisia’s control and audit system stressed that audit recommendations rarely resulted in the expected change since there is no mechanism to monitor their implementation.5 ✔ Improving the follow-up of audit recommendations ✔ Strengthening the capacities of auditors and controllers ✔ Strengthening the role and impact of ministerial inspection units 2 CREATING CONNECTIONS WHAT HAS BEEN DONE SO FAR? Follow-up of audit recommendations To improve the monitoring of audit recommendations’ implementation, the OECD supported the HCCAF to test a new method: the proximity follow-up approach. n This led to a system change since the HCCAF decided to adopt the method as its new standard. Proximity follow-up is now being rolled out throughout the institution to all follow-up missions of audit reports. What is the proximity follow-up approach? n A new way to monitor the implementation of audit recommendations by controlled entities that, instead of relying solely on paper evidence, uses in-person supervision missions to verify if and how the reported anomalies have been addressed and corrected. n In 2017-2018, the OECD supported the HCCAF to conduct proximity follow-up missions for over 40 control reports. This number increased to 57 in 2019, covering notably the sectors of health, energy, transportation, environment, education, agriculture, public finance, or trade at both the central and local levels. n The percentage of audit recommendations addressed after the first follow-up mission increased from 42% to 80% compared with the classical paper-based approach. Strengthening the capacities of auditors and controllers Risk-based auditing: Audit entities can use risk assessment in multi-year audit planning to help target their limited resources on high-risk areas as well as to delimit the scope of individual audit missions to target the activities that are most prone to mismanagement and corruption in an organisation. n In order to ensure the sustainability of this approach, the OECD and the HCCAF prepared a guide on how to use risk assessment in multi-year audit planning. The percentage of audit recommendations addressed increased from 42% to 80% Guide on Using Risk Assessment in Multi- year Performance Audit Planning
  • 9. 16 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 17 2 CREATING CONNECTIONS KEY OUTCOMES Increased coordination among Access to information stakeholders The project helped to overcome the challenge of overlapping competencies and enabled a coordinated approach between governmental entities, independent institutions and civil society in the implementation of the 2016 Access to Information Law. The working group elaborated an operational guide for the 647 public institutions covered by the law, translating its provisions into practice. Successful implementation and generalisation of the proximity follow-up approach The proximity follow-up approach delivered rapid results: the overall number of reports handled rose from 77 in 2015 to 120 in 2018-2019, and the percentage of audit recommendations addressed doubled from 42% to 80%. The OECD is now supporting the generalisation of the proximity-follow-up approach to all audit reports. Improvement of audit processes and working methods Over 80% of controllers of the three general control bodies received training to improve auditing methods. 124 out of a total of 152 controllers received training on at least one of the following auditing processes: follow-up of audit recommendations, risk-based audit planning, audit report drafting and auditing fraud prevention arrangements. 2 CREATING CONNECTIONS Over 80% of controllers of the three general control bodies received training to improve auditing methods Improving the quality of audit reports: Through short- term assignments within the three general control bodies, an OECD peer reviewed audit reports of the three general control bodies, and provided individual training on report writing. Improving the role of controllers in tackling fraud and corruption: Controllers were trained to assess their organisation’s existing anti-corruption mechanisms and better detect and investigate fraud to ensure greater public sector integrity. Training of Trainers: The OECD conducts a training of trainers programme to ensure the dissemination and sustainable uptake of international standards and working procedures contained in guides and tools that were developed during the first two project years. Strengthening the role and impact of ministerial inspection units Inspectors from central and local level are trained to adopt more efficient and harmonised working methods in line with international standards. The capacity- building programme notably focuses on how to effectively prepare, conduct, and report on inspection missions, and implement the most up-to-date tools (such as ICTs) in detecting corruption inside the inspected institutions. THE WAY FORWARD FOLLOW-UP OF AUDIT RECOMMENDATIONS n Facilitate the institutionalisation of the proximity follow-up approach through continued support to the HCCAF for proximity follow-up missions STRENGHTENING MINISTERIAL INSPECTION UNITS n Developamethodologicalguideandacustomisedcodeofprofessionalconductforinspectors Annual HCCAF Congress on audit, public control and performance (Tunis, 3-4 October 2018)
  • 10. 18 Good Governance and Anti-Corruption in Tunisia WHAT HAS BEEN DONE SO FAR? Encouraging dialogue between public service providers and SMEs The OECD promotes a sustainable platform for an inter-institutional dialogue between the Presidency of Government, the Administrative Tribunal, the Ministry of Justice, the Ministry of Finance, local officials, and SMEs, on SMEs’ experiences in accessing public services in order to improve public service delivery. n Thanks to the dialogue supported by the platform, OECD experts were able to conduct a survey among SMEs and service providers in three pilot regions (Béja, Sousse and Tozeur) to evaluate SMEs’ legal needs and challenges in accessing public services. Supporting SMEs in the post-creation phase The Bank Financing Small and Medium Enterprises (BFPME) is one of the main Tunisian public actor providing assistance to SMEs in the development of their business plans and facilitating their access to financing. The BFPME has its headquarters in Tunis as well as 24 regional offices. n The OECD supports the BFPME in creating a team of “post-creation” advisors and building up their capacities in order to improve the service offer to SMEs in their early development stages. The new advisors will be able to direct SMEs towards appropriate public financing options and assist them in conducting a global performance diagnosis. n This assistance will help SMEs overcome difficulties in the post-creation phase, especially as regards exchanges with the administration, and secure growth and sustainability in their activities. Better local public services for a better business enabling environment CONTEXT 6 procedures are required to start up a business in Tunisia, a higher number than the average of OECD high income countries according toDoingBusiness 2019.6 15.7%of SMEs were satisfied with the service provided by first instance tribunals in 2018.7 10%of the 200,000 cases received annually were treated by the first instance tribunals in 2017.8 OBJECTIVES The project aims to support the development of SMEs through a better access to public services at the central and local level by: ✔ Encouraging greater dialogue between public service providers and SMEs and identifying administrative burdens and delays ✔ SupportingnewlycreatedSMEsinthe post-creationphase ✔ Improving SMEs’ reception & access to justice services 3 CREATING PROSPERITY Good Governance and Anti-Corruption in Tunisia 19 In2018,theBFPME financed 1621 SME projects for a total cost of investments of nearly £321 million, and since its founding, 30,023 jobs were created thanks to its support.
  • 11. 20 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 21 Bizerte Sousse Gabès Kairouan Médenine Sfax Kasserine Gafsa Sidi Bouzid Kef Tunis Nabeul THE WAY FORWARD IMPROVE SMES’ RECEPTION AND ACCESS TO JUSTICE SERVICES n Support the Ministry of Finance and the Administrative Tribunal in signing a convention to facilitate the exchange of documents between the two institutions n Provide tailored training to magistrates to facilitate the handling of judicial cases by using digital tools SUPPORTING SMES IN THE POST-CREATION PHASE n Support the BFPME in strengthening its offer to SMEs in their early development stages through a capacity-building program for advisors and the elaboration of a best practice guide 3 CREATING PROSPERITY Meeting with the Secretary General of the Administrative Tribunal of Tunisia (Tunis, 16 March 2018) Regional Chambers of the Administrative Tribunal Improve SMEs’ reception and access to justice services Administrative justice oversees public institutions and addresses litigations related to them. The OECD supports the Administrative Tribunal in Tunis and its 12 regional Chambers in Bizerte, Kef, Sousse, Monastir, Gabès, Sfax, Kasserine, Gafsa, Médenine, Nabeul, Sidi Bouzid, and Kairouan to improve the information and orientation of citizens and SMEs on services provided by the Administrative Tribunals. n The OECD elaborated a draft brochure detailing the required documents and necessary steps needed to file an appeal and apply for legal aid. n The OECD also works to help reduce delays in addressing fiscal disputes with SMEs by improving communication between the Ministry of Finance and the Administrative Tribunal using digital technologies. A Memorandum of Understanding between the two institutions will institutionalise this change in working procedure. 20 Good Governance and Anti-Corruption in Tunisia
  • 12. 22 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 23 More transparency in public procurement OBJECTIVES The project aims to reinforce transparency and efficiency in public procurement by: ✔ Enhancing access to public procurement opportunities for SMEs ✔ Developing a risk management strategy in public procurement ✔ Adopting transparency measures and tools CONTEXT With public procurement accounting for about 15% of Tunisia’s GDP and 40% of the state budget, it offers huge business opportunities. 25% of the volume of public contracts are lost by the State to corruption.9 17% of public contracts are awarded to SMEs,10 yet they account for 2/3 of the Tunisian economy, 65% of employment, and 90% of all companies in Tunisia.11 3 CREATING PROSPERITY Stratégie de Management des Risques dans les Marchés Publics en Tunisie WHAT HAS BEEN DONE SO FAR? Public procurement opportunities for SMEs The OECD delivered a benchmark report on SMEs’ access to public procurement in close cooperation with the High Authority for Public Procurement (HAICOP), contracting authorities and business representatives. This benchmark report Improve SMEs’ access to public procurement in Tunisia: The path to follow provides a comprehensive overview of the challenges SMEs face in accessing public procurement, as well as key recommendations to enhance the regulatory framework and supporting tools to improve SMEs’ access to public procurement. n On the basis of this report, the OECD supported relevant stakeholders from HAICOP, contracting authorities, SMEs and business representatives to explore new approaches to improve SMEs’ access to public procurement. Risk management strategy in public procurement Risk management is a key element of Tunisia’s efforts to improve performance and integrity of the public procurement system. Améliorer l’accès des PME aux marchés publics en Tunisie : la voie à suivre
  • 13. 24 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 25 THE WAY FORWARD RISK MANAGEMENT STRATEGY IN PUBLIC PROCUREMENT n Continue to provide on-site support to generalise the integration of risk management in public procurement operations in pilot entities E-PROCUREMENT n Conduct consultations with different stakeholders, including vulnerable groups, on the access, transparency and user-friendliness of the online public procurement platform “TUNEPS” and develop recommendations on this basis to improve its functionalities n HAICOP officially launched the risk management strategy in March 2019 and committed to integrate it in the legal framework. This customised strategy and an implementation guide were developed by the OECD and HAICOP in close cooperation with Tunisian procurement professionals. n The quality and applicability of the risk management approach were tested by 5 pilot entities that received continuous on-site support by the OECD and HAICOP experts. Enhancing the cycle of e-procurement The OECD is working with HAICOP to enhance the use of the e-procurement system “TUNEPS” by vulnerable groups. This includes supporting a policy dialogue, strengthening the capacities for suppliers and contracting authorities to use TUNEPS effectively and enhancing the system’s functionalities. 3 CREATING PROSPERITY KEY OUTCOMES Creation of a platform for dialogue on SMEs` needs in accessing public services The project promoted a sustainable platform for an inter-institutional dialogue between public institutions and SMEs. The exchange on SMEs` experiences in accessing public services allows the administration to tailor its services to the actual needs of SMEs. Optimisation of HAICOP’s e-procurement platform Following OECD recommendations from the benchmark report on improving SMEs’ access to public procurement, HAICOP has i) integrated its e-procurement platform with other government platforms and ii) developed a functionality to block the launch of a tender if not foreseen initially in the procurement plan of the entity. Those changes will simplify SMEs’ access and participation to procurement opportunities. Adoption of a risk management strategy and tools in public procurement & generalisation of risk management working tools The OECD supported HAICOP in elaborating a risk management strategy and integrating it within its legal framework. It also provided training in the adoption of risk management working tools to its staff as well as to public officials from 5 pilot entities. This will promote the institutionalisation of risk management throughout the public procurement system and thus contribute to its greater efficiency. 3 CREATING PROSPERITY The five pilot entities are the Ministry of Equipment, the Ministry of Transport, the Ministry of Agriculture, the National Railway Company (SNCFT) and the Electricity and Gas Company (STEG)
  • 14. 26 Good Governance and Anti-Corruption in Tunisia 1. Afrobarometer, 1 October 2018 2. Ibid 3. JeuneAfrique, 25 September 2018 4. Afrobarometer, 1 October 2018 5. OECD (2014), Examen de l’OCDE du Système de contrôle et d’audit de la Tunisie : Gestion des risques dans les institutions publiques 6. World Bank (2019), Doing Business Report 7. Institute One to One for Research and Polling (2018) 8. OECD (2018), Renforcer l’Accès des PME aux Services Publics et au Règlement des Différends 9. HuffPost, 2 April 2018 10. EBRD (2018), Making electronic public procurement work for SMEs in Tunisia 11. Confederation of Tunisian Citizen Enterprises (2015), L’accès au financement des PME en Tunisie Good Governance and Anti-Corruption in Tunisia 27 This project builds on the work of the MENA-OECD Governance Programme and the OECD Recommendations on Open Government, Public Integrity and Public Procurement REFERENCES Recommendation of the Council on OECD Legal Instruments Open Government 8 OECD RECOMMENDATION OF THE COUNCIL ON PUBLIC INTEGRITY OECD RECOMMENDATION OF THE COUNCIL ON PUBLIC PROCUREMENT Directorate for Public Governance and Territorial Development OECD Recommendation of the Council on Public Integrity (2017) OECD Recommendation of the Council on Open Government (2017) OECD Recommendation of the Council on Public Procurement (2017)
  • 15. 28 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 29 NOTES NOTES
  • 16. 30 Good Governance and Anti-Corruption in Tunisia Good Governance and Anti-Corruption in Tunisia 31 ABOUT THE OECD The Organisation for Economic Co-operation and Development (OECD) is an international body that promotes policies to improve the economic and social well-being of people around the world. It is made up of 36 member countries, a secretariat in Paris, and a committee, drawn from experts from government and other fields, for each work area covered by the Organization. The OECD provides a forum in which governments can work together to share experiences and seek solutions to common problems. We collaborate with governments to understand what drives economic, social and environmental change. We measure productivity and global flows of trade and investment. For more information, please visit www.oecd.org CONFLICT, STABILITY AND SECURITY FUND OF THE UNITED KINGDOM FOREIGN OFFICE The United Kingdom provides development assistance to Tunisia through the Conflict Stability and Security Fund. The fund is managed by the British Embassy Tunis. NOTES The MENA-OECD Governance Programme is a strategic partnership between MENA and OECD countries to share knowledge and expertise, with a view of disseminating standards and principles of good governance that support the ongoing process of reform in the MENA region. The Programme strengthens collaboration with the most relevant multilateral initiatives currently underway in the region. In particular, the Programme supports the implementation of the G7 Deauville Partnership and assists governments in meeting the eligibility criteria to become a member of the Open Government Partnership. Through these initiatives, the Programme acts as a leading advocate of managing ongoing public governance reforms in the MENA region. The Programme provides a sustainable structure for regional policy dialogue as well as for country specific projects. These projects correspond to the commitment of MENA governments to implement public sector reforms in view of unlocking social and economic development and of meeting citizens’ growing expectations in terms of quality services, inclusive policy making and transparency.
  • 17. 32 Good Governance and Anti-Corruption in Tunisia For more information please contact: Amira Tlili Policy Analyst and Project Coordinator amira.tlili@oecd.org Follow us on Twitter: #Hawkama4Tunisia @OECDgov @UKinTunisia Information about the project is available at: oe.cd/hawkama4tunisia