Focusing on “Integrity in the Palestinian security sector 2020”,
The Civil Society Forum to Promote Good Governance in the Palestinian Security Sector held its third annual conference with participant of the Ministry of Interior
Ramallah – For the third consecutive year, although using Zoom and live broadcast, the Civil Society Forum to Promote Good Governance int eh Security Sector held its third annual conference on the them of “Integrity in the Palestinian security sector.” It presented the findings of the integrity index in the Palestinian security sector in 2020, which it developed with contribution from local expert to establish a periodic description of the state of integrity in the Palestinian security sector. The overall integrity index score was moderate since the absence of the legislative council’s oversight of security sectors reduced the rank on the index. This is an indication of increased risks and gaps or an potential for corruption, which undermines the immunity of the security sector.
Three major studies were shared: Findings of the Integrity Sector in the Palestinian Security Sector 2020, Budget of the Palestinian Security Sector in 2019, with focus on miscellaneous operational cost and security bodies’ response to reports of the State Administrative Audit and Control Bureau. The discussion aimed to formulate adoptable recommendations for the Palestinian government to promote professionalism, integrity, transparency and accountability of the security sector.
Active security sector participation
Security bodies participated actively in the conference, as observed by the Coalition for Integrity and Accountability-AMAN and the Executive Secretariate of the Civil Forum. Collaboration of the security sector was visible in the Ministry of Interior’s contribution to the integrity index preparation and feedback.
Capacity building to confront disasters is a necessity, especially for the civil defense and police forces
The conference started with opening remarks by Mr. Omar Rahal, Coordinator of the Civil Society Forum, who explained that the conference crowned a whole year’s efforts and cooperation with security agencies. He also reiterated that the COVID-19 pandemic raised questions about the security forces’ roles and capacities in crises and disasters management. In this context, the Forum recommended building security sector’s disaster response capacities, especially the civil defense and police forces. Recommendations also included promoting the role of the Higher Civil Defense Council as an institutional framework to face the pandemic and reinforcement of the role and governance of contingency committees.
Yousef Harb: Elections create the opportunity to boost the oversight role of the PLC
In his speech, Mr. Yosuef Harb, Deputy Minister of Interior, welcomed the conference’s recommendations asserting they will be submitted to decision-makers. He valued the positive step of His Excellency the President by issuing a decree law to hold general and presidential elections. He underscored that this will respond to one of the key recommendations of the integrity index, to activate the PLC and its oversight role. He explained that the decree is an evidence of the will to boost the PLC role as an oversight body to improve Palestinian performance in line wit best practices. Mr. Harb announced the launch of a Palestinian curriculum for the integrity and transparency training in the security sector. He explained that the curriculum was adopted by the Palestinian military training academy. Harb also reiterated the importance of governance of the security forces to promote a culture of transparency and accountability, which is evidenced by the institutionalized complaints’ unit.
Andrew Le Grice, Security Sector Advisor at the British Consulate General in Jerusalem, expressed his appreciation of the partnership between security forces and the civil society, which will eventually benefit citizens. He explained that the lessons learned from the findings of the integrity sector is how to apply these to the operations of security forces to adopt the principles of transparency and promote citizens’ citizens in state institutions.
Palestinian security sector scored 55% on the integrity index in 2010
In the first session, the integrity index findings of the Palestinian security sector in 2020 were presented, showing that it scored 55, i.e. moderate score. This shows a potential and risk of corruption and the necessity to exert further effort to complement the creation of an effective integrity system in this sector. The index comprises eighty indicators that are added up to make the final score. The indicators are divided into three categories: The first relates to legislation, policies, practices; the second relates to the principles of transparency, accountability systems and integrity values while the third category focuses on political management. This third category had a very low score. Security sector budget also scared very law while procurement, tenders, appointments and staff behavior scored very high. Intelligence services scored very low.
Huge discrepancy between legislation and practice
The index showed that legislation scored very high compared to practice. Although the index showed that legislations were generally available, enforcement regulations of oversight of intelligence services lack. Furthermore, there aren’t clear mechanisms to assess the qualifications of candidates to chairmanship of security forces. Legislation to promote transparency also lack as the law on access to information has not been promulgated as well as the government system of classification of documents to deal with security and government information and documents accessible. These classifications as related to transparency in the security sector secured the lowest of the three categories of the integrity index. They scored low while accountability scored moderate and integrity scored high.
Upcoming elections will promote integrity system in the security sector
Colonel Ihsan Hamayel from the Ministry of Interior commented on the findings of the Integrity Index 2020 explaining that some points are not within the mandate or control of MoI, which led to a low score on the Index. These points included the political will, for instance. He mentioned that the recommendation to hold elections was fulfilled as the President issued the decree law on elections. He further underlined MoI’s readiness and openness to respond to all of the recommendations and that its cooperation with civil society organizations is increasingly growing.
On his part, Brigadier Dr. Tareq Ashour from the General Intelligence Service explained that MoI is endeavoring to develop and improve some of the systems that scored low on the Index including financial systems. He pointed out that issues, which scored low on the Index, like the security budget allocations, have been improved. He explained that security sector’s share of the budget dropped from 25% in 2018 to 20% in 2019 following voluntary and forced retirement. He also mentioned that promotions and bonuses have been frozen in 2019, which will have a positive impact on the budget in the coming years. Ashour also explained that the score for operational expenses was not fair because the structure of security forces expenditure is different from any other sector. Still, he confirmed that intelligence services are subject to oversight based on the Law on Intelligence Services, Articles 17, 18 and 19. He added that these services have an internal controller who audits the budget and a general controller who submits reports to the president of the concerned service.
In his intervention, Dr. Azmi Shueibi, Consultant to AMAN Coalition’s Board on Anticorruption, referred to the lack of detailed laws and regulations to govern the integrity system in the security sector, most importantly the Law on Access to Information. He explained that using elastic terms like “national security” without any specification of the reasons behind concealing information is problematic. He confirmed that the rule must be to make information accessible via publication of public records while sensitive issues that do not enjoy absolute transparency must be defined. He added that there is a need to establish a special system to classify records and documents and identify the parts accessible to different parties, including PLC members, for example.
Re-establishment of the National Security Council, to act as a governmental oversight agency
The Index report presented a number of recommendations, most importantly the re-establishment of the National Security Council, to act as the governmental oversight agency of the policies, management and budgets of intelligence services. Additionally, the report focused on the promulgation of the Law on Access to Information and creation of a governmental system to classify documents and access to governmental and security information in addition to the delay of disclosure in order to promote transparency in the security sector. Another recommendation focused on the necessity to publish detailed budget and establish a special financial system for the security sector to be published in the Official Gazette in order to substitute the exceptional regulation, which remains unpublished and renewed annually by the Minister of Finance. The report further recommended the establishment of a governance quality assurance committee for the public sector with membership of experienced personalities known for their integrity and professionalism to review appointments to senior (civil and security) positions including heads of security forces and military institutions based on objective eligibility criteria.
It is also important to issue the special regulation on procurement of security nature, as per the provisions of the Law on Public Procurement, to be applicable to all purchases of the security sector. The regulation must be accompanied with a procurement and public tendering procedural manual for the security sector.
The report also advised MoI and security bodies to expand their regular consultations with the public on the security sector policies and security strategies. Heads and spokespersons of security bodies need to pay special attention to publicly reiterate the security bodies’ commitment to combatting corruption and promoting integrity in the security sector.
Promotion of internal and external financial control of expenditure in the security sector
In the second session, participants discussed the budget of the Palestinian security sector in 2019 and the procedures applicable to its preparation and ratification. Recommendations included an active internal and external financial control mechanism to oversee spending in the security sector and audit the miscellaneous – work missions – item of the budget.
The report mentioned that a review of the public budget in the past seven years (2013 – 2019) showed a constant drop in the budget allocations to the security sector of the overall Palestinian Authority current budget. The allocations declined by nine points in 2014, when the allocations represented 28.5% of the overall budget (which was the highest in the course of the seven years under review), but later decreased to 19.9% in 2019. The decrease in the share of the security sector of the current expenditure is due to a reduction in salaries of military agents compared to other servants in the Palestinian Authority.
The security sector current budget reached NIS 3.443 billion in 2019, which represents 19.9% of the PA overall budget. It included NIS 2.585 for salaries, i.e., 77% of the security budget. The remaining part is distributed to operational cost (12.5%), transformational cost (7.6%) while the remaining percentage was allocated to capital and developmental expenses. It is noticed that operational cost increased by 5 points compared with 2018.
This share of 19.9% is the lowest in the history of the PA. it resulted from the voluntary and forced retirement policy, which affected 11,055 military agents, as per data of 2018 budget.
The report recommended a restructuring of the security sector budget to address the structural flaws and promote the capacities of the sector. This entails a review of the staffing levels, development of recruitment policies, increase of operational and capital cost to provide necessary supply and build capacities, in addition to pursuing the financial reform and devise clear mechanisms of expenditure, such as miscellaneous items. It is important to provide expenditure exhibits to ensure compliance with procedures and enable oversight bodies, mainly the State Administrative Audit and Control Bureau, to fulfill their role more effectively.
The report included a recommendation on the necessity to publish public institutions and ministries financial system of 2010 in the Official Gazette. It also reiterated that security forces must comply with the financial system of 2020 applicable in the PA areas in order to repeal the exceptional miscellaneous expenses. Consideration needs to be given to the non-disclosed security budget, which relates to the sources of information of intelligence services. The Council of Minister needs to issue a special regulation for purchases of sensitive security nature.
Publication of security sector control reports on SAACB’s website
The report on response of security bodies to the recommendations in SAACB reports recommended that these reports be published in SAACB website to enable public assess. Oversight of security forces must be extended to agencies of sensitive security nature like the general intelligence service, preventive security, and national security. It is important to continue monitoring the implementation of the recommendations and publish progress in a separate chapter in SAACB relevant reports.
Advocacy and Social Accountability Manager, Hama Zeidan, pointed out that the civil forum will continue its monitoring, reporting and recommendations in cooperation with the security forces, taking into account the feedback from the conference.