Addressing institutional, service, financial and security reform
AMAN Coalition holds a working day on its vision to promote integrity and anti-corruption in some public policies as a lever for reform
Ramallah—The Coalition for Integrity and Accountability (AMAN) held a working day during which it presented its vision on strengthening the integrity and anti-corruption system in institutional and service reform, financial reform, and security sector reform.
The first session began with a speech by Issam Haj Hussein, Executive Director of AMAN, who indicated that AMAN has prepared three studies to contribute to developing public reform policies. He stressed that they are in line with the government's reform plan included in the ministerial statement of the 19th Palestinian government, stressing that the top priority now is to stop the genocidal war against our people and to launch a national dialogue with the participation of all sectors of the Palestinian people to adopt a comprehensive and participatory national reform program, including the Palestinian Authority and the PLO.
Priorities for reform from the citizens' point of view
As part of its follow-up to improve the management of the reform process announced by the current government, AMAN reviewed a video summarizing the results of a citizen opinion poll conducted by the AMAN Coalition on government reform priorities for the year 2024, which indicated that respondents believe that there are several priorities for reform: Reforming the financial and administrative management of the Authority's institutions with 24%, followed by ending the national division with 22%, followed by fighting corruption with 20%, and finally reforming the security sector and strengthening people's steadfastness in resisting the occupation with 19%.
As for reform priorities in the services sector, court and litigation services (justice) received the highest percentage of the need for reform, reaching 22%, followed by the educational and health systems at 20% each, then the system related to the provision of services in the security sector (security, safety and protection of citizens) at 15%, and finally the social protection system, including (implementation of the social security law), and the reform of the infrastructure management system and municipal services at 11% each.
As for priorities in administrative and institutional reform, 31% believe that the first priority should focus on reforming the system of appointments in civilian, security and diplomatic government positions, followed by 26% who believe that the independence and effectiveness of official oversight institutions, agencies and bodies should be strengthened, 24% believe that unifying state institutions in the West Bank and Gaza Strip is a priority for reform, and 20% believe that rationalizing and streamlining the structure of the PA's civilian and security institutions is a priority.
Regarding financial reform, 25% of citizens believe that the priority is to end the financial crisis related to the salaries of PA employees, followed by 22% who think that it is necessary to find a solution to the cost of living and rising prices, and 13% of citizens believe it is a prerequisite to improve the system of providing government financial assistance to the poor and needy. It is noteworthy that the majority of respondents see occupation as the biggest obstacle to achieving the reform process at 23%, followed by the division at 20%, while 19% of citizens believe that corruption is the first obstacle to the reform process.
Real political will is needed for reform
The session continued with researcher Anan Jabaiti presenting AMAN's study entitled: “AMAN's Vision for Enhancing Governance Integrity in Some Public Policies Related to Public Affairs Management Reform,” which included institutional reform, promoting integrity values, transparency principles and accountability systems in public service delivery, and promoting integrity values, transparency principles and accountability systems in relief and reconstruction operations.
AMAN's vision of the reform process aimed at promoting democracy and human rights is based on ending the internal division and holding general legislative and presidential elections. AMAN believes that the president should declare a national emergency plan in accordance with the provisions of the Basic Law to confront the war of annihilation waged by the Israeli occupation, and form a national salvation government with the agreement of all Palestinian parties, with the aim of rebuilding the government in the Gaza Strip, ending the division, unifying state institutions, reconstruction, and restoring national unity within a national political program that strengthens the national representation of the PLO and helps reform the Palestinian political system. In addition, it is important to renew legal legitimacy, rebuild the PLO, and include Palestinian movements and factions that are not currently affiliated with it. It is also necessary to agree on a unified work program for the General Command and develop an implementation plan that includes the activities that are being worked on.
The study also focused on strengthening the rule of law and the climate of public freedoms, which is witnessing some violations in the context of arbitrary use of power. AMAN recommends that the government announce a clear and publicized policy that defines its relationship with civil society and is based on promoting a partnership approach in defining national priorities and formulating public policies.
The independence and impartiality of the judiciary must be strengthened and executive interference must be rejected
The results of the 2023 Integrity Index of the Palestinian Judiciary indicate a “worrying state of affairs,” as the executive authority's unilateral control over the issuance of judicial legislation, the Ministry of Finance's continued control over the administration and implementation of the judiciary's budget, and the formation of an administrative judiciary separate from the judiciary whose head and judges are appointed by the executive authority have all negatively affected its independence and impartiality. AMAN recommends that the executive branch adopt a policy of rejecting all forms of interference and abuse in the work of the judiciary, ensuring the integrity of appointments and promotions of those holding senior judicial positions, and stopping the unilateral enactment of judicial legislation, taking advantage of the absence of a legislative council. In addition to strengthening the Supreme Judicial Council's internal control system in the judiciary, applying the highest degree of transparency in judicial competitions, enhancing judges' opportunities for freedom of expression and assembly, clearly defining the affiliation of the Public Prosecution, reviewing the method of appointing the Attorney General, and the powers of both the Minister of Justice and the Attorney General with regard to administrative work and accountability mechanisms.
The need to reform non-ministerial public institutions and establish a quality governance commission to ensure the integrity of senior appointments
The study touched on three main themes of institutional and service reform. AMAN emphasized the need to complete the committee assigned by the Council of Ministers to study the status of non-ministerial public institutions and rectify their conditions, and alleviate their financial imbalances respectively, in addition to promoting integrity and transparency and adopting the principles of efficiency and equal opportunity in appointments to public positions, as the occupation of senior positions in practice lacks commitment to the mechanisms that ensure the integrity of access to power in accordance with the law.
To ensure that governance is accessed with integrity and exercised in the public interest, AMAN recommends the establishment of a specialized committee on the integrity of appointments to senior positions (the Quality of Governance in the Public Sector Committee) composed of independent and impartial individuals/institutions with academic and legal expertise, to follow up and supervise the appointment process.
Pension reform and the government's obligation to pay contributions to the Public Pension Authority Fund
The study also highlighted the importance of reforming the retirement systems and amending the Civil Service Law and its secondary legislation, as there is discrimination between security sector employees and civilian employees in terms of retirement benefits and calculation factors, and there are no clear criteria by which employees are referred to early retirement, and there is a clear risk to the sustainability of the retirement fund. Accordingly, AMAN recommends that the Palestinian government must commit to transferring its contribution and the employees' contributions to the public pension fund, pay the monthly contributions on a regular basis, and reconsider the of political office holders, because of its implications for justice, equality, and human rights, as well as the need to promote the rights of women and children. In addition to the large financial burdens it imposes on the public treasury, in addition to enacting legislation on early retirement.
The need for public media to understand and reflect the full spectrum of Palestinian society
As for redressing state media institutions, AMAN recommends issuing a media law that enshrines the existence of independent and objective public media institutions, including the establishment of a council to manage public media, representing various segments of society, adopting a public policy that allows for the expression of all segments of society and their orientations, subjecting the appointments of public media officials to the principle of equal opportunity, merit and competence, developing the mechanism for financing public media to achieve financial and administrative independence, and ending the use of security clearance requirements for media organizations' registration procedures and replacing it with a certificate of non-conviction.
Begin categorizing and making information available until the Access to Information Law is enacted
Regarding promoting transparency and guaranteeing the right to access information, AMAN calls on the government to expedite the issuance of instructions to all public institutions to start organizing, classifying, publishing and making public information and records available to all citizens until a law on the right of access to information is issued, consistent with the best principles for respecting this right and protecting it from violations, as well as the principles of the right to access to information adopted by Article 19.
AMAN reiterates its demand for a social security law and a universal and compulsory health insurance system for all
The second theme deals with strengthening the values of integrity, transparency and accountability systems in the provision of some vital public services, such as the social and healthcare system, where AMAN recommends the need to issue a social security law and an official commitment to the social justice system, in addition to a comprehensive, compulsory and solidarity-based health insurance system that provides health services at a reasonable cost A comprehensive, compulsory and solidarity-based health insurance system that provides affordable health services to the entire population without discrimination, through the establishment of a body or organization to administer health insurance separately from the Ministry of Health, which will remain the supervisory body and the one that defines and develops national health policies.
Civil society organizations are partners in oversight, policy and decision-making, and the provision of some services
With regard to strengthening social accountability, AMAN recommends that there should be a written, generalized, and binding public government policy for government officials regarding the relationship with civil society work, based on the principle of partnership and allowing civil society to formulate public policies and participate in their implementation, especially the provision of some services that the government cannot provide; in addition to the principle of respecting the right of civil society organizations to positive criticism, oversight, and accountability.
Building an effective national disaster strategy and promoting best practices in the distribution of relief aid
The study also touched on promoting the values of integrity, transparency and accountability systems in relief and reconstruction operations. It focused on building an effective national strategy to confront emergency disasters, promoting the values of integrity, transparency and accountability systems in the distribution of relief aid, in addition to the need to build a unified national database, activate the unified portal for humanitarian aid, and the need for a unified body under governmental and civil supervision to coordinate efforts to collect and distribute aid that includes all parties, reflecting solidarity and solidarity values in society.
Forming a National Council or Authority for Recovery, Reconstruction and Construction in the Gaza Strip and West Bank
AMAN's vision adopted the need to build an effective and accountable reconstruction plan, overseen by a national body for recovery, reconstruction and construction in the Gaza Strip, along with specialized local coordinating committees for humanitarian and relief work, and a similar and independent body in the West Bank (focusing on the northern West Bank in particular), both of which operate under the framework of the Government of National Accord, defining roles and responsibilities.
The clearing crisis between local authorities and the Ministry of Finance must be addressed
In the second session, researcher Dr. Shaker Ziadeh reviewed AMAN's study entitled: “AMAN's Vision for Strengthening the Integrity and Anti-Corruption System in Financial Reform”, which aimed to present a comprehensive vision for administrative and financial reform, with applicable recommendations.
The study presented a set of recommendations related to financial reform, in order to face the challenges resulting from the aggression, and to confront the Israeli piracy of clearance revenues and its unilateral measures, on top of adopting a policy of rationalization in expenditures, adopting a financial policy that helps stimulate the economy, and promoting the national product as an essential tributary to the economy and the public treasury.
Regarding the recommendations related to net lending, AMAN recommended that the Ministry of Finance and Local Government hold meetings with local authorities to find a reasonable agreement between all parties, including the settlement of previous debts, and that the Ministry of Finance should issue a detailed statement explaining the debts owed by each local authority to the Ministry of Finance. It is also necessary to intensify the government's efforts to invest in other productive sectors such as trade, agriculture, and industry, install electricity prepayment for all, and utilize solar energy to stop the financial bleeding entailed by electricity bills.
Reviewing the tax system to make it more consistent with tax and social justice
The study also addressed the Palestinian tax system, which needs a complete review, including the VAT system, which does not meet the principles of tax and social justice, in addition to the fixed fuel tax, which amounts to about (68%) of the final consumer price, not to mention the income tax, which has shrunk to only three brackets.
Accordingly, AMAN launched recommendations to reform the tax system, strengthen its governance, make it responsive to social justice, focus on the self-employed and service providers in tax collection, intensify the work and capabilities of the customs control agency, and implement the electronic billing system and link it with the Ministry of Finance.
Clean up the payroll bill, control quasi-salaries, and minimize the pay gap between different groups
As for reforming the system of salaries and quasi-salaries, Aman recommended the need to filter and scrutinize the salary and wage bill, to govern quasi-salaries more clearly, and to stop the overlap between National Fund employees and government and authority employees. It is also necessary to put an end to the inflation in the number of employees, either by rotating to institutions that need human resources or developing criteria for early retirement, reducing the number of employees in the security sector, and reviewing the Civil Service Law to reduce the salary bill and reduce the salary gap between different categories.
AMAN also recommended activating the role of the various oversight bodies to audit the commitment of institutions to the government's decision to control spending and operational expenses and reduce unnecessary ones (travel, use of government vehicles), audit various petty cash, and audit the effective application of the Public Procurement Law in terms of purchasing supplies, works and services at the best prices, which contributes to rationalizing expenditures while maintaining quality assurance, promoting the principle of fair competition, and encouraging participation in public procurement procedures by qualified suppliers, contractors and consultants.
Reforming health insurance is a way to address the drain on medical referrals
AMAN recommends following up on the implementation of the health policy by allocating larger budgets than development budgets to develop government hospitals, investing money in infrastructure with specialized departments to localize the service, and strengthening primary health services in the country's hospitals. It is worth noting that addressing the health insurance system will solve the issue of attrition in medical referrals, as the debts of private hospitals are constantly increasing and continue to accumulate on the government, which portends a major dilemma and an increasing possibility of the deterioration of the health sector due to the great financial pressures and shrinking financial resources and allocations of the ministry.
Restructuring the security sector to correct the inverted hierarchy
Researcher Dr. Mahmoud Allawneh presented a study entitled: “AMAN Coalition's Vision for Strengthening the Integrity and Anti-Corruption System in Security Sector Reform”, which aimed to present the contribution of civil society in drawing a roadmap for reforming the security policy, as a necessary step to respond to the difficult circumstances faced by the people and the Palestinian National Authority, as the security sector plays an essential role in protecting the homeland and citizens, maintaining public order, and establishing democracy.
In practice, the structure of the security sector in Palestine has been a model of an inverted pyramid phenomenon, with the highest ranks occupying a disproportionate percentage of the lower ranks. This is rooted in the structure of the Palestinian National Authority (PNA) and the exceptional circumstances in which the security services were created, which led to structural challenges that affected the sector’s effectiveness.
AMAN reiterated its recommendation to launch a comprehensive reform plan by developing a participatory national strategy that includes restructuring the security services, improving their performance, restoring citizens' trust in them, enhancing integration and coordination between the security services and judicial institutions, improving coordination between the security services, and developing a unified legal framework, including developing a comprehensive law that regulates the work of the security services, clearly defining powers and responsibilities to avoid overlapping tasks. In addition to addressing legislative gaps and strengthening the system of oversight and accountability over the work of the security services, which does not exclude activating the role of the Legislative Council in supervising the work of the security services, reviewing their performance, and holding legislative and presidential elections. In addition to establishing performance evaluation mechanisms and indicators to measure the performance of the security services to ensure improved services provided to citizens.
AMAN Coalition calls for the repeal of the Decree-Law on amending the Security Forces Service Law
AMAN believes that reform must be within the framework of a comprehensive national approach to reforming the Palestinian security sector, and a balanced and realistic vision that takes into account the political, economic and social realities resulting from the continued escalation of the occupation. The development and reform of the security sector should not be reduced to specific treatments of the legal framework that regulates authorization, structure and oversight, but rather the process includes a comprehensive national review based primarily on the security priorities and needs of citizens and strengthening their steadfastness.
AMAN also believes that the amendments to the law strengthen the centralization of powers in the hands of the president and weaken the system of political accountability for the performance of the security establishment. Therefore, AMAN recommends that the Security Forces Service Law should be repealed and any substantive amendments to the security laws should be frozen unless they are part of a comprehensive national reform program that necessarily ensures the structural, functional and service development of the security and civilian institutions and strengthens the civilian oversight system.
