State of Play
Published in September 2021, the first annual report on the work achieved under this Strategy details a series of laws passed or amended in accordance with international standards and the United Nations Convention against Corruption, which Lebanon ratified in 2008. These include laws on the fight against illicit enrichment, the recovery of ill-gotten gains, the management of conflicts of interest, the protection of whistleblowers, and the right of access to information. A law on public procurement has also been adopted, since the public procurement is currently outdated and fragmented. Measures have also been taken to strengthen integrity in the civil service and to develop the powers of the supervisory bodies responsible for combating corruption, namely the Central Inspection, the High Disciplinary Council, and the Court of Audit.
However, the National Commission for the Fight against Corruption was not established until January 2022. President Michel Aoun signed the decree for its formation twenty months after the adoption of the Strategy. The Commission has six members, four appointed by the government and Two retired judges with honors elected by the judges.. It is financially and administratively independent and can act on its own initiative or on the basis of complaints from whistleblowers.
“No Concrete Steps”
“Before it can begin its work, the Commission must work on its internal organization, familiarize itself with its tasks, and enjoy the support of several teams. This requires a long time in view of the financial crisis that the country is going through,” explains the outgoing Minister of State for Administrative Development, Najla Riachi, member of the Ministerial Committee, which also chairs a technical committee responsible for monitoring the implementation of the Strategy. “Prior to the publication of the first report, the Ministry collected information from public administrations and institutions and obtained some feedback. In case of reluctance, it is up to the oversight bodies and the Civil Service Council to inquire with the parties concerned,” she adds. The official said that “accountability is not the responsibility of the Ministry but of the oversight bodies,” which were previously mentioned. “So far, no concrete measures have been adopted at this level. In the coming period, it is necessary to activate the adopted laws, sign the decrees necessary for their implementation, and launch the work of the control bodies,” pleads the former Minister. While the current cabinet is in charge of expediting current affairs, Ms. Riachi assures that the work will continue through the technical committee that she will continue to chair.
While the Anti-Corruption Strategy meets the requirements of the International Monetary Fund (IMF), with which Lebanon reached a preliminary agreement in early April, it is the implementation of the Strategy that will unlock the financial assistance. This agreement concerns a fund extension facility (FEF) as part of a three-billion-dollar aid plan, spread over four years. The IMF requires the implementation of drastic reforms in the country, such as the restructuring of the banking and public sectors, which must include accountability, a key objective of the Strategy.
Independence of the Judiciary
“Apart from the laws that have been passed, Lebanon is very late in relation to the steps to be taken and the requirements of the international community,” explains Karim Daher, president of the Lebanese Association for Taxpayers’ Rights (Aldic) and member of the UN FACTI panel. The tax lawyer says that “no concrete steps have been taken to date in terms of recovering ill-gotten gains.” “Little progress has been reported on illicit enrichment,” he added. “Corruption is increasing in the public administration, whose civil servants have seen their salaries plummet due to the depreciation of the national currency,” the lawyer also observes, while more than three quarters of Lebanese now live below the poverty line, according to the United Nations.
Daher also pointed out: “The control authorities have carried out a census, but what about the application of the sanctions provided by the law?” “At the level of the judiciary, there is still dithering, as many judges are considered close to politicians. The replacement of certain people in power who have committed abuses is also required in order to put an end to impunity,” adds the tax lawyer, regretting the impunity that is rampant in the country.
In its latest report published in January, the Lebanese Transparency Association (LTA) states that according to its Corruption Perception Index (CPI), Lebanon ranks 154th among 180 countries. “When we start sanctioning some officials, confidence in the judiciary will be restored,” said Karim Daher, stressing the need to adopt a law on the independence of the judiciary.
This call was also made by Julien Courson, executive director of the LTA. “Although they are protected by law, citizens are still reluctant to report cases of corruption because of the repercussions that this could imply, especially at the judicial level, while this power has several challenges to meet,” he said. According to Courson, “the implementation of the Strategy remains slow, two years after its launch, and is not in line with the needs of the country; the economic, financial, and political crises that hit it negatively impact the performance of officials.”
Involvement of Civil Society
Mr. Courson explains that “civil society plays an oversight role and must ensure that the National Anti-Corruption Commission applies the law in a neutral manner and assumes its responsibilities independently.” He adds: “Citizens can also provide technical assistance and reports to support the work of this body,” echoing the comments made by Mr. Daher.
Daher said that “civil society was repeatedly approached by the Ministry of State during the tenure of former Minister of State for Administrative Reform Dimyanos Kattar and his successor, Najla Riachi” and reported “good cooperation” between the two parties. “However, this is not enough. The whistleblower culture is still new in Lebanon where few people know about the protections that whistleblowers enjoy. The media therefore has a role to play in raising awareness at this level,” he pleads.
While the National Anti-Corruption Strategy has paved the way for good governance, “its implementation leaves something to be desired,” says Daher. “After the May 15 parliamentary elections, however, we can hope for the beginning of change,” he said, noting that many independent deputies and deputies from the popular uprising against the ruling class have been elected. “This is a long road. It remains to be seen whether it will be taken as a result of internal political pressure, international pressure, or both,” concludes the lawyer.