Yemen National Anti-Corruption Strategy 2010-2014

8/3/2019 Yemen National Anti-Corruption Strategy 2010-2014

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Supreme Nat iona l Autho ri ty for comba ting cor rupt ion (SNACC)

IntroductionGeneral framework ofthe National Anti-Corruption Strategy's TrendsCorruption, in i ts comprehens ive concept , is considered to be the main

cause behind the failure of development efforts and perpetuation of povertyin any community. In the presence of corruption he state's ability to achieveits development goals related to the welfare of citi zens and provision ofequa lity and justice is diminished, as i t ea ts up the bulk of the resourcesallocated to f inance development programs. In light of the major changesexperienced by the communit ies, par ticularly in the presence of opennessthe world is witnessing today in tenn of open borders and the movement ofpeople, ideas, data, information and capitals, opportunities for corruption aregrowing, and i ts approaches are strengthened to reach a leve l at whichcorruption becomes one of the attributes of communities living in the stageof political and economic transformation.The Republic of Yemen has realized the organic link between anti-corruption efforts and the success of development plans, and had thereforeplaced anti-corruption efforts at the top of its priorit ies included in thenational agenda for comprehensive reforms, recognizing that the major pointto start is in the optimum use of available and limited resources in theoverall development and the application of an effective poverty reductionstrategy can only be achieved through containment of corruption as well asattempts to drain its origins. In this context , a s trong and purposeful will tocombat corruption was crystall ized for the pol itica l leadership, hence aseries of national reforms has began in this field, starting with thecomprehensive national reform program on March, 1995 which was thecorners tone for launching a ser ies of the national reform in the economic,polit ical , administrative and financial aspects . The national strategy forpoverty reduction for the years 2003 - 2005 was also prepared, whichincluded a set of relevant indicators to assess the efforts of combatingcorruption. There is no doubt that the formation of the Supreme Board forthe protection of public funds and combating corruption in 2003, has gaineda special importance in the development of anti-corruption efforts inYemen, since it, for the first time, drew attention to the importance ofhaving a dedicated organization for combating corruption, and paved theway for Yemen participation in the UN rounds of negotiat ions that havebeen devoted to develop anti-corruption mechanisms, which wereculminated with the United Nations Convention of Combating Corruption in

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! W ' ' '' ' '' ' '' ~ \uprem e Nationa l Au tho rity fo r combat ing l!fJrrup~i.,"( C) ,==============~~~==~====~~\ j._;,,; .. '/2005. These were normal run-ups for the national agenda of thecomprehensive reforms to assume advanced posit ion on the prioritiesladder of the Republic of Yemen. Among the vocabular ies of this agenda,the Law No. 30 of 2006 concerning the Financial Disclosure was issued, inwhich Article (2) points to the Supreme National Authority for CombatingCorruption (SNACC), as a responsible agency for applying thi s law. It i scrucial to emphasize that the reference to the Supreme National Authorityfor Combating in the context of Article (2) serves as the f irst legal text thatmentions name of "the Supreme National Authority for CombatingCorruption". In other words, Law No. 30 had given the task ofimplementing procedures for f inancial disclosure for a body that was notestablished yet. This was an introduction to complete the legislationGoverning anti-corruption efforts and seek enactment of Law No.3 9 of 2006concerning fight against corruption, as well as work on the formation of theSupreme National Authority for Combating Corruption in July 2007.In implementation of this law, preparation of a national strategy to combatcorruption comes as one of the main tasks which had been accorded by thelaw to the Supreme Nat ional Authori ty for Combating Corrupt ion. Thestrategy consists of five sections as follows:

Section (I) would focus on defining corruption in Yemen, anddiagnosing its causes, scope, implications and its international classification.Section (II) chapte r would tackle the main partie s of the na tiona l

integrity and anti-corruption system.Section (III) analyzes the conceptual and methodological framework

of the national anti-corruption strategy.Section eIV) focuses on the main operational trends in line with the

nature of the funct ions composing the effort s of anti -corruption beingrepresented in three components which are:

Component 1:Prevention and protection of corruption; Component 2: Law enforcement and prosecution. Component 3: Raising awareness , education and community

participation.A fourth component will be added which is capacity building. Theimportance of this component l ies in support ing the three main functionscomposing the anti-corruption effor ts referred to above in the f irst threecomponents.

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SECTION Irruption inYemen: Definition, causes, scope and

implications h 'l tion will contain a brief analytical frame for the definition, causes,secu ion in Y Th tnature, cope and the different form~ of corruptl~n III emen. e. ~a u :ean nega tive implicat ions of corrupnon on the diffe rent aspects of li fe IIIen,particularly the overall development, shall be tackled.em .I. Definition and conceptions of corruptIOn: . . .It is difficult to provide a comprehensive and exclusive definition for

corruption , as it is a compound concept and has differentdimensions; "corruption", in the Islamic concept , is the antonym of"re form", Allah the Almighty says in the Holy Quran " And do notdo mischief on the earth, after it has been set in order". And in theinternational context, United Nations Convention AgainstCorruption avoided providing an exclusive definition for corruption,despite the fac t that arti cle II provided brief defi~t ions fo: someconcepts for the public official, foreign public official, Official .of apublic international organization, Property, Proceeds of a cnme,freezing or seizure, confiscation, Predicate offence and Controlleddelivery.It appears that the United Nations Convention Against Corruptionhas avoided providing such a definition, given the different nature ofcorruption from one country to another , which makes it diff icult toreach a common definition unanimously accepted.

Corruption as defined underart ic le II of law No. 39 of2006However, it is essential, for thepreparation and implementation of the

national strategy for combatingcorruption inYemen, to reach acommon understanding of whatcorruption is and its contents, as statedin the Yemeni legislation.Article 2 of Law No. 39 of2006 dealingwith combating tackled this concept anddefined it as "Misuse of the public office for private interests,whether throughviolating the law or the exploitation of the granted powers".

of anti-corruption:"Corruption" isMisuse of thepublicpower for private interests,whether through violating thelaw orthe exploitation of thegranted powers".

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This defini tion draws the legal l imits for the role to be played by theelements of the national integrity and anti-corruption system. Hence,the misuse of public office both to its spirit and ends, andexploitat ion of the powers granted to the public off icial are the coreissue which the Supreme Authority for Combating Corruption andthe other parties of the national system should focus on.However, we should recognize the confusion caused by thisdef init ion when we discuss the provisions of art icle 30 of Law No.39 of 2009, which enumerated and classified the crimes ofcorruption into 12types as follows:1. Offenses that affect the national economy provided for inthe lawof crimes and penalties.2. Offenses against the public office provided for in the law of

crimes and penalties.Offences against the course ofjust ice provided for in the law ofcrimes and penalties.Embezzlement of property in the private sector, set for th in theCrime and Penal Code.

"1.4.5. Bribery of foreign off icials and off icials of public international

organizations to do or abs tain from doing the work in a breach ofthe duties and func tions in order to obtain undue commercia lbenefit or advantage, or, when it relates to carrying outinternational business, maintain such benefit or advantage, andfor which the provision of the Penal Code are applicable.

6. Crimes of corruption-related fraud and crimes of forgery setforth under the Penal Code.7. Crimes of customs smuggling and tax evasion.8. Fraud and manipulation in the bids, tenders, specifications and

other public procurement contracts.9. Offences of the laundering proceeds of corruption crimes

provided for in this article.10. Use of the public office for private interests.11. Crimes of illicit richness.12. Any other offenses set forth under any other law as a crime of

corruption.As is obvious, a huge number of the above offenses are of a purecriminal nature and have no relat ion with the issues of corruption.They are also far from the definition provided in the above-

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~ S ; U ~ p ~ r e ~ m ~ e ~ N ~ a ~ t i ; ; o ~ n a : = I : = A : = u : = t h : = o : = r : = i t ) : = '= f o : = r : = c o : = " : = 1: = ) a : = t i : = " : = g= c o : = r : = r u : = p : = t i : = o n = ( S : = N : = A : = C : = C : = ) = = = = (i)mentioned Article II, which causes some confusion, and, at th~ SaI:1etime, adds heavy burden on the Supreme ~a~ional Authonty, torCombating Corruption, as wel l as t~e remaining me~bers ot theNational Integri ty and Anti-corruption System, par tlculat: ly theublic funds prosecution and court s, The Nationa l Autho~l ty has~ecognized this imb~lance e~rlie: and sought to,find al~er~atI~e text,for the definition of corruption Inorder to aVOIdthe limitat ions ofthis definition.

II. Causes ofcorruption in Yemen:1. The presence of corruption and reprobates tolerant c.ancepts

in the administrative system of the state, and failure toactivate the principle of reward and punishment in thepractices of the public office which en~ouraged corruption topersist and spread horizontally and vertically. , .

2. Lack of transparency and poor performance and effectivenessof the internal control units in the institutions of theadministrative system of the State,

3. Lack of the codes of conduct, work rules and writtenprocedures contributes to the spread of corruption. . ,

4. Failure to comply wi th the report s and recommendat ions otthe formal oversight institutions, like the CentralOrganization for Control and Accounting (COCA),

5. Low salaries of the public sector employees and the lowstandard of l iving push some public offic ia ls to search foradditional sources of income and promote the spread ofbriberv and favoritism,

6. The presence of several shortcomings in the legislat ion thatrezulate the work of the parties involved in the Nationalb .Integri ty and Anti- corruption System, especially the ~awNo. 6 of 1995, which prohibi ts ini tia tion of proceed ingsagainst senior officials, .

7. Lack of understanding of many procedures, rights,administrative and financial systems by a large segment ofcitizens, which led to expanding the area of theadministrative corruption in particular, and the level at whichuti lization of the public off ice becomes the mate of the r ightsand privileges associated with such public office.

8. The weak role of the official media and its focus on theplans, strategies and the official discourse without discussingthe issues of public concern, on top of which comes the

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2 0 0 5 1 0 3 2 . 72 0 0 6 111 2 . 62 0 0 7 1 3 1 2 . 52 0 0 8 1 4 1 2 . 32 0 0 9 1 5 4 2 . 1

: , : s: = u : = p : = r e : = m : = e : = N : = a : = t : = io : = n : = , a l := A : = u : = t : = h o : = r : = i t: = Y : = f o : = r : = c : = o m = b 3 : = f : = i n := g : = c o : = r : = r := u p : = t : = i o : = n : = ( S : = ' N : = A : = C : = ( : = : ) = = = =(I)detection of corruption cases and tampering with the publicmoney; and

9. Lack of s trong civil society organizations and the absence ofchanne ls tha t could secure some forms of parti cipa tion forCivil Society Organizations in the measures of monitoringthe activities of the public sector.

III. Yemen's context in the international reports of corruptionThe International corruption-concerned reports indicate that Yemenoccupies a low position in this regard. It is enough to indicate hereinto a few related reports:1- Report of Transparency InternationalWe can find that the

corruption index,according toTransparencyInternational, givesYemen a relatively lowscores, and these scoresdeclined between 2004 -2009 to a pointerconsisting of 10points(10 points: corruption free community, whereas zero meanscorruption replete community). And whereas the index was 2.7in 2004, i t was declined in 2009 to record 2.1. Italso indicates, atthe same time, a decline in Yemen's ranking on the sameindicator for the same period from 112 to 154.

2- Index BertelsmannThe same situation applies to Bertelsmann index on theconversions during 2006 - 2009, which is an indicator consistingtwo sub-indices; the first is status indica tor and the second ismanagement performance indicator. For the status indicator, therank of Yemen declined from 98 in 2006 to 103 in 2008. Thesame situation applies to the management performance indicator,for which the rank of Yemen declined from 86to 94 for the sameperiod.

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3- Global Integrity Report:The global integrity report of 2008 classified Yemen under "veryweak" at 46 on a sca le consisting of 1 - 100 degrees. There wasvariation in the components and categories included in the index,which ranged between "very weak" for each of the civil society,public information and Media organizations (36 points), election(46), government accountabil ity (30), the administration andcivil service (44) , control and regulat ion (52) , and" weak" forthe enforcement of law and combating corruption category (66).The interesting thing in this category is that, the report has givenYemen 100 points in the sub-category "Anti-Corruption Law"with "very strong" grade , with close point s for the other sub-categories ("very weak" grade) such as the Anti-CorruptionAgency (56), and the rule of law (54), and law enforcement (54).

4- Control of corruption in the Good Governance Indicators(World Bank):Corruption controlindicatorcontained in thegood governanceindex published bythe World Bank asone of the sixcriteria of goodgovernance ISconsistent with thetrends of the.aforementioned international reports, as Yemen ranges between20 to 33points within the per iod from 2000 to 2007 as shown inthe attached table.

G o o d C e n te n n i a l G ra d eG o v e r n a n c e Y e a r (0-100)i n d i c a t o rControl over 2 0 0 7 3 3 . 3corruption 2 0 0 6 2 8 . 6

2 0 0 5 3 0 . 12 0 0 4 2 0 . 42 0 0 3 3 0 . 62 0 0 2 3 2 . 02 0 0 0 3 0 . 6

5- Report of the U.S. Agency for International Development(USAID)Consistent with the international methodology of corruptionclassification into petty corruption, l ikely to be represented bythe administrative corruption, and grand corruption that goes outto monopoly the resources and potentials of the state, the report

SOP'''"' N,""" Authority " combating''''pt;" (SNACq ~.' .~.)============~===~== W._;j:;/prepared by the USAID on the assessment of corruption inYemen, indicates the existence of both types of corruption. Thelarge-scale corruption in Yemen comes as a result of interactionb~tween the weakness of state ins ti tutions and the mult ipar ti teelites. And the petty corruption penetrates as one of the keycomponents of the common culture in which it became habitualthat a public official usually makes corrupt practices as a meansto improve his situation, and to have recourse to disruptingpublic regulation in order to obtain personal benefits.Thus, we find that international reports on a gathering thatYemen is in the category of countries with higher corruption, andplaced large-scale corruption (monopolize the resources of theState~ .in ~ emen at the high category, and petty corruption(administ rative corrupt ion) a t the higher category. Despi teSNACC reserves many of the contents of those reports, but i t, onthe other hand, takes these contents seriously since it reflects thevi sion of the outside world on corrupt ion in Yemen, and at thesame time affects the status of Yemen with the donor countriesand international organizations, and therefore affects the size ofthe commitments and support allocated to finance developmentprograms in Yemen. This makes SNACC commence preparationof national anticorruption strategy in line. with the classificationof corruption in Yemen a t both level s (High pe tty- High grantcorruption).

IV. CORRUPTION AND ITS IMPACTS ON THEDEVELOPMENT IN YEMEN1. Devouring the greater bulk of the development resources.2. Establishing an environment repellent to investment.3. Deteriorating poverty situation in Yemen.4. Poor level of the services accessed by the cit izens .5 . Low credibili ty of the reform effor ts with development par tners

and the low volume of the commitments and foreign support fordevelopment programs.6. Threatening the political stability.

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Supreme Nat iona l Autho ri ty for comba ting cor rupt ion (SNACq

SECTION IINATIONAL INTEGRITY AND ANTI-CORRUPTION SYSTEM

This section includes a brief explanation of the institutional structure of thesystem, i ts elements of different bodies, organizations, committees andoff ices ; and the nature of the functions and powers delegated to each, withan attempt to put them in a triplex classification consistent with the nature offunctions, powers and roles delegated to each of them in fighting corruption.I.Anti-Corruption Specialized AgenciesSUPREME NATIONAL AUTHORITY FORCOMBATING CORRUPTION(SNACC)SNACC is the latest mechanism that has been established in Yemen, on July3, 2007 under the anti-corruption efforts, by the law No. (39) of 2006dealing with anti-corruption. The Authori ty is composed of 11 members,including three representatives of the civil society institutions, the privatesector and women sector, elected by the Parliament from amongst a l is t of30 candidates presented by the Shura Counc il (Consultat ive Councel).SNACC are elected only once for five years period, starting from the dayfollowing the issuance of Presidential Decree for appointment. According toartic le (9) of the said law, the member of the Board is granted the rank of aMinister.SNACC is financ ial ly and administrat ively autonomous, and submi tsper iodic reports to the President and the Cabinet every three months on theperformed activit ies and actions . In more than one place, the law confirmsthe autonomy of SNACC and criminalizes the intervention of any person orentity in its affai rs, and subjects them to punishment . At the same time,SNACC is required by law to adopt absolute neutra lity in performing itsfunctions as prescribed by law, and prohibits i ts s taff to disclose any secretor information or data that comes to their knowledge by reason of their workin SNACC during de tec tion or invest igat ion in corruption crimes, wi thobl igat ion to publish a ll informat ion and data on corruption crimes onceevidenced by a virtual court sentence.Under the art icle (8) of the anti-corruption law, the Authori ty has a numberof broad powers and functions that adapt to all stages the anti-corruptionefforts gradated in, beginning the policy-making and strategy development,through different functional areas of anti-corruption measures that include

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1 0 0 ' . . . . . . , ' . . . . , ' Supreme National Authority for combating corruption (SNACC) . \.= = = = = = = = = = = = = = = = = = = = = = = = = = ~ = = ~ = = ~ = = = = ~ = = = = = = = \ ;"-:.-.-,:;/awareness, pr~ve,n~ion,receipt of communications, detections, investigation,

pro~e,cutlOn"judicial fol low-up and follow-up of the implementat ion ofjudicial ~lmgs, The~e tasks can be understood more deeply throughdiVISIOnof these functions and categorized into the following fields:1. Policy-Making and Strategy Development Preparation and implementation of the public policies aimed atcombating corruption. Develop,ment Of.a comprehensive national anti-corruption strategy andpreparanon and Implem~ntatlOn of mechanisms, plans and programs forexecution. The preparation of the national anti-corruption s trategy bySNAC.C comes mime :"'Ith this delegation conferred upon SNACC~xc1u~lvely by the law Without the other parties involved in the nationalmtegnty and anticorruption system.

2. Awareness and EducationThe _Authority shal! exerci~e a significant role in promoting awareness onthe r isks of corruption, In line with this mission, SNACC has the followingpowers: Adoptio~ of measures to ensure the participation of the localcom~umty and civil society organizations in promoting awareness onthe .ns~s and consequences of corruption on the community, andmaximize the role of the community in the anti-corruption activities.

Coordination w~th the ~edia to educate and help the communityunderstand the nsks and Impacts of corruption and how to prevent andcontrol corruption.

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0 0 , , ,, \.: ~======================= \ "2 :: ., . .. ,, ,/ /SNACC, when developing its organizational structure, adoptedclassification for the operational sectors as follows:

Suprem e N ational A uth ority for com bating corruption (SN AC C)

Asset Declaration sector;Financial and Economic Institutions sector;Media sector;International Cooperation sector;Civil Society sector;Detection, Investigation and Prosecution sector;Monitoring and Technicallnspection sector;

_ State Administrative Organization Units sector; and_ Legislations and Financial Systems Development sector.Each sector is headed by a member of SNACC, and together, in addit ion tothe SNACC Chairman and Vice-Chainnan, make up SNACC Board ofDirectors, which holds its regular meetings on weekly basis, as well as somecomplementary meetings. SNACC board reviews and takes decisions on allcases provided by the nine sectors. In addit ion to that, the board adopts thekey trends and action plans of the nine sectors.Moreover, SNACC has an executive organization that undertakes thetechnical, administrative and financial issues, headed by a Secretary-Generalappointed by a resolution from the chairman with the majority of themembers; who is responsible before SNACC for managing and steering thedaily activities of such executive organization.II- SNACC Anti-Corruption Partners:The national integrity and anti-corruption system in Yemen is composed ofmany ins ti tutions which are considered to be a natural par tner of SNACC.These institutions exercise a number of powers in the three functional areas:Prevention of corruption, law enforcement and promotion of awareness .Some of these ins ti tutions carry out their act ivit ies in a mono- functionalcontext such as law enforcement, while other ins ti tutions carry out theiract ivit ies in the context of two functions such as prevention of corruptionand its practices and law enforcement at the same time.

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Supreme N""", ' Authori ty for combating '"""P""" (SNACq ;~)==::;=====================~3. Dominance of compet itive values among some part ies of the NIACS

about the dis tr ibution of roles . This is caused by the lack of legis lativeframework and the cumulative exper ience of some NIACS parties , onone hand, and the juvenil ity of some others, on the other hand.

4. Slow procedures for litigation, and daliance with penalties andenforcement of the judgements, stimulate corruption to spreadhorizontally and vertically, and call into questioning on the anti-corruption efforts,

5. The government owns the bulk of the visual, audio and press media,and the poor efficiency and means of informal media including thepar tisan and independent Weaknesses in the national integrity andnewspapers, as well as anti-corruption systemlack of objectivity and - Leg is lat iv e l im it at ions in the l aws o f someNIACS parties.imparti ali ty in dealing with _ The existence of const itut iona l provisionscorruption cases. and legislations that prevent effective controlThe weak performance, of co rrupt ion a t h igher le vel s publ ic po st s.(Articles 128 &139 o f the Const it ut ion - Lawcapacity and financial No. (6) For 1995).resources of the Yemeni - Ambigui ty in the roles of some of the pil la rscivil society, and the of the system and overlapping roles of others.- The slow procedures of the House ofconsiderable dependence Representatives to consider the drafton foreign support. amendments to laws regulating the wor k ofThe poor relationship some ofthe pil la rs ofthe system.- The young experience of Supreme Nationa lbetween SNACC and the Author it y t o Combat Cor rupt ion wi th l argerprivate sector, in view of power generated fears of los s of s ome of thethe young experience and powers to some ofthe other pil la rs.- Doubts about the integrity of some NIACclear legal limitation in the p ill ar s, p ar ti cul ar ly the jud ic~ary. . ..definition of corruption - Government interfe rence in the actrv it ies ofand the lack of reference to t he sys tem through the budget and resou rceallocation.the private sector within _ Government w ide powe rs p reven ti ng thethe Law. independence of the judiciary.The obvious confusion in - Overlapping roles within some of the pil la rso f th e sys tem, such as loca l c ounci ls , whic hthe authori ties of the local combine supervision and oversight,councils and exercismg accountabil ity and vote for non-confidence,roles of monitoring, and a t the same time exerc ising executive andfinancial powers ( tender committees)supervisory and guiding _ The absence of ef fe ct iv e mechani sms fornature and others of coordination among NIACS parties on theexecutive nature (Tenders L_a_ l1_t i_ -c_o_r ru_pt_io_n_ef_fo_ rt _s_. - -'committees). .Poor coordination level among the pil lars of the NIACS (lack of regularconsultative meetings under the pretext of fighting corruption - a limitedexchange of information and reports on anti- corruption - mutual

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=========================~~~Supreme National Authority for combating corruption (SNACC) \~~-.;_;9concerns on confli ct of roles - a gap between the media and SupremeNational Authority for Combating Corruption (SNACC) and theremaining parties ofNIACS).

10. Young experience of the SNACC, which gives rise to many issuesincluding:a. SNACC needs to make a lot of efforts to be able to strengthen

the confidence of citizens on seriousness of the anti-corruptioneffor ts, and the abili ty to convince them of the importance of therole it plays,b. Focus on the capacity building, and the use of expertise,capabil iti es and possibil iti es for the remaining parti es of theNIACS in this regard,

c. Bridging the relat ionship with the res t of the actors in the systemto facilitate the flow of information to and from SNACC,

d. The need to benefit from the experiences of other countries inanti-corruption efforts, designing anti-corruption measures andassessing the adequacy of SNACC organizational s tructure tofulfill its obligations.

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Supreme National Authori ty for combating corruption (SNACC) !~\=======================\~

SECTION IIIThe Conceptual and Methodological Framework of

NACSThe national anti-corruption strategy adopts a set of concepts and

methodological frameworks that later will determine the contents of thedifferent sec tions consti tuting the strategy. This sec tion wi ll focus onreviewing the trends of the message values, which the strategy seeks todisseminate, and the objective vision to translate the content of its message,with the analysis of concepts, frameworks and methodology in itsinternational context and linked to the Yemeni context . This section willalso discuss the intel lectual and legal foundations from which the strategyemerges, taking into account of international cooperation interests, with thereview of the central objectives of the strategy envisaged to achieve.

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2 - National LegislationsThe ~onstitution of the Republic of Yemen and national legislationsgovermng the work of vanous a?encies all together form the legislativefra~ework that lays th~ f~undatlOn for building anti-corruption effor ts.ArtIcle. 19 of the Constitution of the Republic of Yemen has made theprotection and maintaining the public funds and property the duty of theState and all members of society.The national legislations came to crystalize this constitutional vision in theform of a set of punitiveI I .. I' bl Among the Tasks of SNACCega provrsions app rca e to "Drafting a national comprehensive strategy toany person who may tamper ~ombat corruption, and developing andor attack the public funds Implementing measures, plans and programs toand property. The contents of carry out this strategy." Article (8), Paragraph (2)such legislations will be of the Anti-Corruption Lawrefered to later when wediscuss. th~ pil lars of the na tion~l system of integrity and combatingcorrupuon InYeme.n.Here, ~e do list them only with a focus on direct legaltexts t~at deal WIth the. Issuance of the national strategy to combatcorruption and the responsible agency for that, as st ipulated in Law No. 39of 2006 on combatin.g corruption,. where the second paragraph of Article (8)~f the. Supreme .NatlOnal Authonty to Combat Corruption's responsibilityDraf ting a nat~onal comprehens ive strategy to combat corruption, andd~velopmg and Implementing machinsms, plans and programs to carry outthIS.strategy." T~erefore, the text above is a legal starting point for SupremeNational Authonty. to Combat Corruption to s tart the preparation of thisstrategy and l_llakeIts plans and desiged programs for its implementation inorder. to achieve the goals laid out in Article (3), and the exercise offunctions and powers contained in Article (8) of the Law.

1-KEY BASIS OF THE STRATEGY1 - Values of the true IslamicreligionThe values of the true Islamicreligion form a solid foundation forthis strategy, Islam is the officialreligion of the State under theConstitution. The only source of alllegislation, and all strategies,including anti-corruption strategy,which is in line with Islamicteachings and noble values. The fightagainst corruption has a religiousdimension based on a constantprinciple in Islamic laws. The HolyQuranic verses include manyevidences that make the fight againstcorruption a religious duty, inaddition to Hadith (ProphetMuhammad Sayings) that aresupporting such tendencies.Therefore, promoting the values ofintegrity and fighting corruption from a religious point of view is an integralelement in this strategy, particularly since the exploitation of the public jobfor personal benifit is a crime punishable in this world and the afterlife.

In the name of God theCompassionate the Merciful

"And do not do mischief on the earth,a fte r i t has been set i n o rde r" (Al-Araf ,56)"When he turns his back his aimeverywhere is to spread mischief throughthe ea rt h and de st roy crops and cat tl e.But Allah loveth not mischief." (AI-Baqara, 205)"And they (ever) strive to make mischiefon earth. And Allah loveth not' theMufs ideen (mischief makers)." (AI-Ma'idah, 64)"So see what t he end of those who act edcorruptly was!" (AI-Naml, 14 )"(All) these transgressed beyond boundsin the lands.And made therein much mischief. Soyour Lord poured on them differentk ind s of severe tormen t. Ver il y, yourLord is Ever Watchful (over them)." (AI-Fajr, II)

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( m " " 1 ' - '~ ' \upreme National Authority for combating corruption (SNACC) , I=~============= \ "-...~,:/,Inaddition to Law No. (39) of the year 2006 on the f ight against corruption,as noted above this strategy starts from the legislative system governing thework of the rest of the pillars in the national system of integrity andcombating corruption,on top of thislegislation are:- Law No. (30) of2006 on thefinancialdisclosure, whichthe legislatureentrusted the taskof implementationofthis Law to theSupreme NationalAuthority forCombatingCorruption(SNACC) prior to theestablishment ofsuch Authorityand, therefore, thisLaw integrateswith Law No. (39)For the year 2006on the fight againstcorruption from theperspective of theunity of the partyresponsible for itsimplementation.

- Law No. (23) forthe year 2007 onPublic Tenders andAuctions,

- Law Number (47)of 2005 concerningrati fi cation of the United Nations Convent ion against Corruption(UNCAC). .- Law No. (35) for the year 2003 on Combating Money Laundenng

The Electoral P rogram of the P re sident o f the Repub li c o fSeptember, 2006

Point V - Combating Corruption isa lasting option and a paththat shall not stop

Cont in ue ef fort s t o combat f in an ci al and a dmin is tra ti vecorruption through the development of policies and mechanismsto Combat Corruption as follows:L The app li ca tion o fThe F inancial Disclosure Law.2. Issuance of the Anti-Corruption Law and the establishment

of an independent body to combat financial andadministrative corruption.

3 . Act ivat ing bod ie s r el at ed to ove rs ight , a ccountab il it y andp ro te ct io n o f P ubl ic Fu nds and th e a ppl icat ion of t heprinciple of reward and punishment.Activating the role of the Central Organization for Controland Aud it and the i ssuance o f the neces sa ry leg is la tion toe ns ure t hat t he af fi li at ion i s t o t he pr esi de ncy an d t helegislature body so that to conduct all reporting on cont:ola nd on t he pr og re ss o f fi na nci al an d a dminis tra ti veperformance in all government agencies and insti tutionsand to ensure the preservation of Public Funds.Amendment o f Tende r and b id s Law and s tr engtheningi nd epe nde nc y of th e Supr eme Commi tt ee f or Tende rsthrough the e st ab li shment o f an independent body Withmembership of persons known for their mtegnty andefficiency for managing and adopting policies and biddingsystems to ensure transparency in the bidding process .Activating the role of prosecutors and the courts of PublicFunds and the completion of infrastructure and msntunonsi n t he r es t o f t he g ove rn or at es in o rd er t o gi ve t hem fu llauthorization to manage all issues related to financial and

4.

5.

6.

7.administrative corruption .Accountab il it y measu re s aga in st cor rupt o ff ic ia ls and

8.bringing them tojustice .Promoting principles of transparency and accountabil ity inall areas of government action and legislation that govern

9.public institutions.Activation of the use of operational manuals ing ove rnment ser vi ce s p ro vis ions and re la te d fe es , anddissemination of such tools through available channels.

22

J:yI~~/~~

Supreme Nat iona l Autho ri ty for comba ting cor rupt ion (SNACC) " 0 0 ' (t\======================\,~- j"" ~..-... ; ~- Law No. (4) for the year 2000 on the Local Authority and itsamendments- Law No. (6) For the year 1995 on the Impeachment Proceedings andTrial of the Occupants of the Senior Executive Authority (seniorofficials) in the government.- Law No. (12) for the year 1994 on Crimes and Penalties- Law No. (13) for the year 1994 on Criminal Procedure- Law No. (39) for the year 1992 on the Central Organization for Controland Audit (COCA)- Law No. (1) for the year 1991 onthe Judiciary System- Law No. (19) for the year 1991 onthe Civil Service- Law No. (8) For the year 1990 on the Financial Law, as amended byLaw No. (50) for the year 1999- Law No. (25) for the year 1990 on the Press and Publicat ions- Presidential Decree, the President of the Supreme Judicial Council (No.3) for the year 1996 on the Establishment of Courts of Public Funds anddetermination of their tasks.

3 - The Political WillThe availability of the political will is considered to be a key pillar on whichthe national anti-corruption strategy depends. The political discourse at thehighest level , the presidency, through the electoral program, as well as thegeneral program of the government had given expl icit support e fforts tofight corruption.3-1 - The electoral program of the President ofthe Republic:The President of the Republic, Al i Abdul lah Saleh's has presented hiselectoral platform in the midst of the president ial elections in Yemen ineptember 2006. This program consisted of s ixteen points where the f if thone focused on efforts to combat corruption, title of tills point was:"Combating Corruption is a last ing option and a path that shall not stop."his included nine sub-points came in the forefront of the application of

financial disclosure law and the i ssuance of ant i-corruption law and thee tabIishment of an independent body to combat financial andadministrative corruption.The promUlgation of Law No. 39 of 2006 on the f ight against corruption,and the composition of the Supreme National Authori ty for Combatingorruption (SNACC) in July 2007 as an immediate translation of the

el toral program of the President of the Republic, and a practical guide onthe availability of a strong political will at the highest level of thepre idency in support of efforts to combat corruption.

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S up re me N atio na l A uth or ity fo r co mb atin g co rru pt io n (S NA Cq

3 - 2 - The General Governmental ProgramThe Government has submitted its General Program to the House ofRepresentatives (Pariliarnent) in April 2007, almost three months earlierthan the composition of theSupreme National Authority forCombating Corruption. Thisprogram has included fourteenpoints, where point eight focuses onthe institutional building of theGovernment and promotion of goodgovernance and fighting corruption.And this axis, as elaberated later,

E closely related to the substance ofthe functions exercised by theSupreme National Authority for Combating Corruption (SNACC). Here,one may only refer to the government 's commitment to support SNACC,and securing the necessary financial resources to it prior to the officialdeclaration of its establishment, reflecting the availability of governmentwill to support efforts to fight corruption, as well to support SNACC inbuilding its capacity and securing its needed financial resources.

The Government's General ProgramApril 2007

Point 8: the institutional structure of theGovernment and the promotion of goodgovernance and combating 'corruption:"Working to help the ant i-corruptionbody to build the institutional andregulatory framework in order toaccel er at e exerci si ng it s funct ion sSt at ed by the Law and the prov is ion o foperational budgets and infrastructurefor it."

4 - The Overall National Reforms AgendaWithin the Yemeni govermnent's commitment to implement fundamentalreforms in all political, economic, social and administrative areas,transparency and the fight against corruption component occupied aprivil eged priority wi thin the matrix of the Executive National ReformAgenda. The fight against corruption includes around thirteen issues out oftotal twenty-seven issues included in the matrix. In keeping up with thattrend many of the Anti-corruption related components were completed, suchas the enactment of Law No. 30 of 2006 on the Financial Disclosure, whichwas issued on August 19, 2006. The Financial Disclosure Law stated thejurisdiction of the Supreme National Authority for Combating Corruption(SNACC) to receive officials' assets s tatements, even before SNACC wasestablished or issuance of its Law. In implementation of the component (10)of the matrix of National Reform Agenda, Law No. 39 of 2006 onCombating Corruption was issued in December 2006, forming the majorbeginning point for the establishment of SNACC in July 2007 to exercisethe functions stipulated in the Law. Therefore, the preparation of the

24

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national strategy comes in the context of Yemen's obligations to conductcomprehensive reforms in all economic, political and administrative areas aspart of the National Reforms Agenda.5 - Yemen's International Commitments with Development PartnersIn efforts of the Yemeni government to fill the financing gap and mobilizethe necessary resources to f inance the development programs and plans(five-year plan 2006 - 2010, and the ten-year plan 2006 - 2015), a technicalYemeni - GCC committee was formed for managing preparat ions for thedonors' conference (Donors Consultation Meeting). The Yemenigovernment's efforts to mobilize international support were culminated inthe successful organizing the Donors Consultat ion Meeting in the Brit ishcapital, London during November 15-16, 2006, in which Twenty-fivecountr ies and 15 organization were represented and pledged to provideabout 4.7 bill ion dollars to finance the investment program for the period2007 2010 in Yemen. This was followed by additional commitmentsprovided, bringing total financial commitments for aforementioned period tomore than five bill ion dollars. In return for these f inancial commitmentsmade by donors, Yemen has become more demanding than ever before tofind the real mechanism to combat corruption, which flourishes in all publicagencies, as is threatening Yemen access to foreign support in case there areno concrete efforts in this regard, particularly because of the adoption of theCountry Policy and Institutional Assessment (CPIA) ratings the World Bankprovided, which became the key standards and preconditions for developingcountries to obtain grants and development loans provided by many donorcountries and international institutions as aid or loans.Thus, now anti-corruption efforts and progress in this regard has become amain part of Yemen's international obligations before development partners,The ant-corruption component and strengthening of the Supreme NationalAuthority to combat corruption also topped on high priority supportprograms by development partners. In this sense, collaboration betweenYemen and development partners of countries and international or regional. organizations also represent a key pillar for launching a National Strategy toCombat Corruption in the Republic of Yemen.

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r:r~~\=s=u~p= re=m=e=N=3= t= i o=n3= I=A=U= t=ho= r= i t =YfO= f= co=m=b=3= t i = n=gc o = r= f u= p = ti = O U= ( S =N = A = C =C = ) == = = \ , ._ ~ ,~ , ." J6 _ International Legislation Represented in the United NationsConvention against Corruption (UNCAC) .The international community recognized the seriousness of corruptIOn andits adverse impact on various aspects of development, which ~a~ reflectedin launching many regional ini tiat ives that have put up the building blocksfor anti-corruption efforts. Most important initiatives and mechamsm~ werethe American Convention against Corruption (1996), the ConventIO~l onCombating Bribery of Foreign Public Off icials in Internati~nal Busm~ssDealings (1997), the European Convention Against CorruptlOn InvolvingStaff and Member States ofthe European Union (1997),and the Council of the

Objectives ofthe United NationsConvention against Corruption

(UCAD)European Criminal Law I: To promote and strengthen measures toConvention against prevent and combat corruption in efficientCorruption (1999). manner,Consistent with this II: To promote, facilitate and supportinternational cooperation and technicalunderstanding, the Uni ted assistance in preventing and combatingNations launched its corruption, including inthe area of assetcommittment to fight recovery,corruption in 1997 with a III: To promote integrity, accountability andView to the Issue of proper management of public affairs and publiccombating corruption in the property. . .global context, and to create some kind of interna tional conse?su~ o~ arange of mechanisms to combat corruption. These efforts met with lSSUu:gthe United Nations Convention against Corruption in October 2003, and Itsentry into force on December 14, 2005. The agreement is by all s tandardsthe only document that reflects the unprecedented international co.nsensuson the seriousness of corruption as a phenomenon threatening thedevelopment and reform in its broadest sense. This convention also movedthe issue of corruption from national to international concern, an? o?enedbroad prospects for a stronger role for the international c~mmum~ III thefight against corruption at the national levels. The Convention envI~aged toachieve three main objectives devoted to support measures aimed atpreventing and combating corruption, and to facilit ate .a.nd supportinternational cooperation, and promote integrity and accountabIlIty.UNCAC includes seventy-one articles addressing many of the basic issuesand themes in eight main chapters: Chapter I: General provisions, ChapterII: Preventive measures, Chapter III: Criminalization and law enforcement,Chapter IV: International Cooperation, Chapter V: Asset recovery chapter

26

S upre me N atio na l Au th ority fo r co m ba tin g co rrup tio n (S NA CC )

VI: Technical assistance and exchange of information, Chapter VII:Mechanisms for implementation, Chapter VIII: Final provisions.In general, the convent ion includes various provisions in its entiretyrepresent a remarkable development in terms of control methods and tools,and the mechanisms that go beyond traditional control mechanisms,parti cularly in the part relating to the transfer and smuggling of moneycollected for the crimes of corruption.In the context of Yemen's keenness to interact wi th the internationalcooperation efforts in this area, and its International commitment to the fightagainst corruption, the Yemeni par liament rat ified UNCAC in June 2005,and its f inal rat if icat ion was culminated by enactment of Law No. (47) Forthe year 2005, issued in August of the same year.There is no doubt that this Convention and all its articles constitute ageneral framework that Yemen agreed to comply wi th, including all itscontent and items. Therefore, the national strategy to combat corruption isbased on a system of national legislation and in conformity with theprovis ions of the United Nations Convention against Corruption, so thatSupreme National Authority for Combating Corruption (SNACC) works inone of the main paths of its functions, particularly in the field of lawenforcement. The preparation of this strategy is in keeping with the generaltrend of the United Nations, which states in Article (5), paragraph (1) "EachState Party shall, in accordance with the fundamental principles of its legalsystem, develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect theprinciples of the rule of law, proper management of public affairs and publicproperty, integrity, transparency and accountability."II - THE CONCEPTUAL FRAMEWORKThe strategy will adopt the concept of the "National Integr ity and Anti-orruption System", and in the same way as developed in the context of the

efforts of Transparency International in 2000. This concept provides us withan analytical framework focusing on the causes of corruption and thead quacy and effectiveness of reform and efforts to combating corruption inthe national context. This includes the concept of government institutionsand non-government organizations that have the ability to work together tome t the high s tandards and las ting transparency and accountabil ity, andlu\\ levels of corruption and mismanagement. This concept can be reflected

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S"p"m, N"i .. ,1 ' "' .city to, ,"mb"i". ,,,,"pdo" (SNACC) ),_.;:;/

in the form of a building where government institutions and non-governmental organizations represent its pillars that are founded on bases ofvalues and social awareness. This concept refers to the interdependencebetween the di fferent pill ars in the midst of the fight aga inst corrupt ion.When a pil lar becomes weak and frail , the construction keeps s tanding dueto the presence of this interdependence, as the rest of the pillars contribute tocarry tha t part of the ce iling, which is loca ted above thi s weak pi ll ar. Butwhen many of the pill ars are weak and vulnerable, the rest of the p ill arscannot afford carrying the ceiling, and here lies the disas ter. Therefore, thereal reform aimed at promoting and strengthening the entire buildingbecomes an essential requirement for the success of efforts to combatcorruption,

Supreme Nat iona l Autho ri ty for comba ting cor rupt ion (SNACC) " o o . & ~ ' ~ ~ \==============~.5( }~ . _ ;; ". ) o>


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Supreme N ational A uthority for combating corruption (SN ACC)

4. To encourage and act iva te the role of civi l socie ty organizations toeffectively par ticipate in preventing and combating corruption,promotion of awareness on its causes and risks, and the ways ofpreventing it.

5. To promote the concept of cooperat ion and partnership with othercount ries and in terna tiona l organiza tions in internat ional ant i-corruption programs and projects.In the same context, the United Nations Convention againstCorruption bears in mind three main objectives devoted to:1- promote and strengthen anti-corruption preventive measures

more efficiently and effectively;2- Promote , fac ili tat e and support inte rnational cooperat ion and

technical assistance in the fie ld of preventing and combat ingcorruption, including recovery of assets; and

3- Promote integrity, accountabil ity and proper management ofpublic affairs and property.

4- Building capacities of the National Integrity and Anti-corruptionSystem

Therefore, these goals constitute a general framework from which the mainobjectives of the national strategy to combat corruption emerge, and whichare embodied in the following:

1. Deve loping clear admini st rative and inst itu tiona l mechanisms toenhance accountability, protection against corruption and preventionof its practices.

2 . Draft ing an effective legislat ions and accurate and clear regulat ionsto detect and investigate corruption cases and punish theirperpetrators.

3 . Creation of a community-based environment support ing the valuesof integrity and transparency, urge toward accountability andquestioning and oppose any corruption-tolerant culture.

4 . Building the capacity of the National Integri ty and Anti-CorruptionSystem (NIACS).

5. Harmonizing the performance ofNIACS parties and coordinatingtheir anti-corruption roles.

30

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National Anti-Corruption Strate!!), (NACS) Components andthe Main Areas of Operat ion

Consist.ent wi th the contemporary concepts and methodologies of anti-co~ru~tIOn, a~d to ~eet the requirements of the aforementioned s trategicobjectives, this section will include the key components of the strategy thatgoes t?ward the t~ee main operational areas being prevention andprotection of corruption, law enforcement, and promotion of awareness andeducation, as ~ell as a fourth component supporting the aforementionedthree key functional components, which is "capacity building".On this basis, the components of this section include the following:

Component (1) :Prevention and Hindering Corruption Practices;Component (2) : Law Enforcement;Component (3) : Promoting Awareness, Education and CommunityParticipation; andComponent (4) : Capacity Building,

NACS key functional areas

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. 0 0 ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 7 \upreme Nat iona l Autho ri ty for comba ting cor rupt ion (SNACC) t J~ ~ ~ = = = = = = = = ~ = = = = = = = = = = = = = = = = = = = = = = = = = \ ~ 9= -~Component (1) .

PREVENTION AND HINDERING PRACTICES OF CORRUPTION

deficiencies that create,In all standards, anenvironment in whichcorruption find manyopportunities ofproliferation andexpansion at bothvertical and horizontallevels. This section willfocus on major trends,necessary reforms andkey action areas foranti-corruption effortsin the field of .prevention and hendering corrupt practices so as . to s :ore a clear strategicand defined aim. It goes out to develop a legislative framework andadministrative and institutional mechanisms by which accountibilityand prevention ofcorruption practice can be strengthened.Policies and Tools: .SNACC would focus on achieving the strategic objective of this componentthrough a set of policies and tools that will eventually. ?onstruc~ t.henvironment where corruption can not take place. These policies multipliesto include close dimensions of strong relevance to theJegislative framework

The Component ofcorruption preventionof and hindering itspractices is considereda major point ofstarting theestablishment of a clearstrategy for combatingcorruption in Yemen. Ittherefore turns toresolve a part ofadministrative andinstitutional

Component: Prevention of CorruptionStrategic objective: '. . .Development of clear administrative an? institutionalmechan isms to s tr eng th en a ccount abi li ty a nd theprevention of corruptionShort-term objectives:_ Cle ar t he ex is ti ng ove rl apping and int er fer enc e in

performing the tasks of the nat iona l in~egri ty an?ant i- cor rupti on sys tem and to coordina te th ei rroles.Limit the legislations that hinder anti-corruptionefforts.Final ize the legisla tive framework in support oftransparency and anti-corruption.Achieve compliance between the interna tionallaws and domestic laws.Develop the procedures struc ture and simplifyadministrative and financial procedures.Stabilize ethics and values of public serviceEnhance tr ansparency in recruiting based onmerits.Develop monitoring measur es on political,administrative, and financial practiceImprove the nat iona l wage s in ac co rdanc e w iththe available resource.Enhanc e the t ra nspa rency in f in anci al pub li cprocedures. .Enhance the measures which prevent corrupt ionand hinder its practice

32

~ o o ~ ~ ~ ' ~ ~======================= . . . : i . . , I-'::..__C/of NIACS and exercis ing the administrative process , of which comes in theforefront: regulatory, monitoring, and employment pol icies, as wel l asfiscal, auditing and assessment policies.


I. THE LEGISLATIVE POLICIESLegislative policies aim to achieve the followings:

1. A diagnostic review the legal and regulatory framework for anti-corruption in Yemen was carri edout by SNACC with technicalass is tance from the World Bank in2008. This study was conducted toidentify the shortcomings thatcould result in inconsistencies inthe roles of some of NIACS pillars. In this context, the elements ofinternal regulation governing the activities of the National Integrity andAnti-Corruption System (NIACS), and other laws relevant to theinvestigative procedures, and litigation were the focus of attention in thisreview. The laws examined were: Anti-corrupt ion law, the Judic ialAuthori ty Law, the Civil Service Law, Financial Disclosure Law, theFiscal Law, prosecution of senior officials Law, the Pena l Code , theCriminal Procedures Law, the Centra l Organizat ion for Control andAudit Law and anti-money laundering Act.

2. Amendments were proposed to these legi slations for development,improvement, effectiveness enhancement purposes, as well as creationof better coordination in roles.

Laws that hamper anti-corruptionefforts in Yemen

Law No. (6) of 1995 onprosecuting senior officials of thesupreme executive authority.

3. Amendments were proposed to repaircorruption law, and in par ticular thearticles rela ted to the definition ofcorruption, and its scope andelimination of the aspects ofcontradiction with the other laws.

4. Amendments were proposed toreform the Judicial Authority Law toensure better autonomy of thejudiciary system from the executivesystem.

5. Amendments were proposed toamend the Law No. (6) of 1995 on

the deficiencies in the anti-Laws that the National Integrity&Anti-Corruption System lackLaw of the right to Access toInformationLaw of whistleblowers protectionLaw of def in ing the p revent ing o fconflict of interestLaw of basic standards fordec is ion maker s in pub li c sec to rs( objectivity . impartiali ty , equitycommitment to justify actions, . .e tc)

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Suprem e N ational A uthority for com bating c orruption (S NA CC )

purchase,2. Giving the public, civil

socie ty organizationsand the media the rightof access to governmentcontracts, tender andbids documents.

3. Publishing bids and tenders on the websites and arrange for thepossibility to apply electronically.

4. Strengthening the role of control, and inspection units of the stateinstitutions and protection of their staff.

5. Supporting the role of Money Laundering Unit in monitoring bankingtransfers.

6. Examining whether the declared asse ts of publ ic officials under theFinancial Disclosure System are proportionate to their incomes.Scrutinizing and preparing a list of public officials with assetsdisproportionate to their incomes for further investigation by SNACC.

7. Strengthening citizens and civil society organizations role in monitoringactivities of the public institutions.

1.3. Obliging variousauthorities to abideby transparency inconcluding contractsof sale and

E lem ents of the integrity system in th e w ork ,transparency

Refers to all tools that facil itate access by cit izens toinforma tion on the per fo rmance o f pub li c sys tem,and enhances their understanding of the mechanismso f dec isi on -maki ng. T rans pa re nc y in t he p ubl icsec to r s ta rt s by the app li ca tion o f c lear c ri te ri a foraccess to information. and clari ty of regulations andprocedures within institutions, as well as therelationship of public insti tutions with clients . andp ubl ic a ct io ns an d go al s a nd obj ec tiv es i n t he irworks.

Support tools:Creation of complaints reporting system on the opera tions of theadministrative system institutions, public economic units and privatesectors institutions.Create websites that constantly publish data and information on theactivities of the institutions and update such data on regular basis.Publish bids and tenders on the websites and arrange for thepossibility to apply electronically.

:::S='u=p=re=m=e=N=at=io=n=a=1A=U=th=o=ri=ty=~=o=rco=m=b=a=tJ=';g=c=or=r=up~t=io=n~(=sN=A=C=C;)== = .;~"_-'9"V. FISCAL POLICY

As for the fiscal policies, NACS looks for:Promotion of transparency on the preparation of the budgets of theadministrative andeconomic units, conductlogical dialogues in thisregard and cancellat ionof personal budgets.Examining the possibilityof improving the livingstandards of publicofficials, by review ofpresent wage structureand increasing salaries ifpossible within nationalfinancial resources,particularly for thoseworking at low levels, asper the National WagePolicy.Improving transparencyintracking the f low ofextractive industryproceeds.Disbursement of the

Prevention ComponentKey Actors T Il eSupreme Na ti onal Au thor it y forCombating Corruption (SNACC) Cent ral Organ izat ion for Con trol andAudit (COCA) Ministry of Finance Mini st ry of Civ il Se rvi ce Higher Committee of Tenders andAuctions The Supreme body for the control ofTenders Local Councils Developmen t Par tne rsTargeted groups All persons covered by the financialdisclosure Law Al l o f t he Tende r Commit te es Staff of Supervision and Inspectiondepartments Sta ff ofthe Financial Management Staff of Pers onnel Staff of Local Councils The Private Sectorincentives and financial

bonuses based on transparent and clear criteria and the rates ofperformance and achievement.upporting tools:

C?ordinating with the Ministry of Finance in designing an electronicWIn?OWto access the draft budget at the time of submission to theparliament.Coordination with EITI in preparation of annual financial statementdeclaring oil revenues and channels of disbursement

VI. AUDIT AND EVALUATION POLICIESCOCA c?~duct~ th~ re:ie,: of practices and procedures adopted bythe admInistrat Ive msti tutions of the government and submit it sreport to the Parliament and the President. SNACC will garnersupport for Parl iament Committees to ensure effective and proper

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Supr eme Na tio na l A ut ho rit y fo r combati ng cor ru pt ion (SNACC) : / O O ~ " ' ~ ' " " ' ~ ~= ~======================== \ ~l'\,,_..;;c.w>limplementation of the recommendations of COCA, especially thoseon prevention of corruption. ,Advising the public and private institutions of corruption preventIvemeasures.

Supporting tools:Preparation of periodic studies on the prac tices and procedures of asample institutions,Holding seminars and workshops that promote the values of integrity,Select staff of integri ty on a monthly and annual basis to be honored forbest conduct,Honor three public and three private institutions on an annual basis,Reveal the three top institutions having witnessed the greatest corruptionpractices on an annual basis.

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COMPONENT (2)LAW ENFORCEMENT AND PROSECUTION

Law Enforcement, Prosecution and Pursuance ComponentStrategic objective: to formulate an effective legal system and clear and preciseprocedures to determine and investigate incorruption cases and track down theperpetratorsShort-term objectives:Establishing effec tive mea sure s on re porting of corruption c ases a nd

exchange of verification and auditing-related information.Developing mechanisms for detection, collection of evidences andinformation on corruption cases.Improving investigation mechanisms and techniques.Improving the efficiency of the jurisdiction in dealing with corruption cases.Promoting coordination among the agencies involved in law enforcement.Improving the capacity of SNACC and the other NIACS relate d partie sconcerned with prosecution and law enforcement.

Long-term objectives 2009 - 2013:Provide a constitutional basis for the SNACC's activities in the firstconstitutional amendment comingComplete the reform of the legislative framework governing anti-corruptioneffortsComplete the harmonization of legisla tive framework between the Yemeniand international legislationAbolition ofthe law No. (6) For the year 1995 and its constitutional context.

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m= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = ~This section deals with the second functional dimension of anti-corruptiondrive, and is going to discuss the Component of lawenforcement andvocabulary of law enforcement prosecutionand prosecution component. In Key Actorsother words, this section is Presidencyof theRepublic The House of Representativesconcerned with anti-corruption (Parliament)efforts from a procedural point of ShuraCouncilview with regard to corruption The Supreme National Authority forpractices ac tually take place, or CombatingCorruption(SNACC)those suspected of potential The Central Organization for Controlpossibility. SNACC, through this andAudit The Central Bank (MoneyLaunderingcomponent, seeks to achieve a Unit)s trategic goal, namely formulation MediaandPressof an effective legal framework, High Authority for Tender Controlclear and precise procedures to (HATC)identify and investigate in Police departments and investigationcorruption cases and track down agencies.the perpetrators. The same The publicfundsProsecutormechanism that has been Thepublicfundscourt The Supreme Court (Constitut ionaladdressed in the precedent Chamber)component, achievement of this Developmentpartnersstrategic objective can be Targeted groupsaccomplished through adoption of Public off icialsbeen reportedto havea set of law enforcement-related committedcorruptioncrime ,o r illi citenrichment.policies, and coordination of NIACSparties concernedwithcapacityprosecution policies at its differentstages.

S"""ro. N,t;,",' A"th,dty,.,


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=:s~u~p~re~m~e~N~a~t~io~na~I~A~u~t~ho~r~it~yfo~r~co~m~b~a~ti~n~gco~r~ru~p~ti~on=(S~N=A~C~~C~)====~)

Defining clear procedures to follow up cases, startingwith reporting and registration stage, through detection,investigation and seizure, prosecution and pleading,litigation stage, follow-up proceedings with thecompetent courts, and finally follow-up enforcement ofthe judicial sentences.

Identification of specific mechanisms, channels andagencies to be responsible for following up theenforcement ofjudicial judgments.

8. In the area of seizure, confiscation and recovery, it requires: Development of clear procedures to facil itate seizure and

confiscation of funds and the proceeds generated as aresult of corruption crimes.

Define clear procedures to deal with the illegalconvers ion of assets and subsequent recovery as a resultof corruption cases outside the borders of Yemen.

II. REVIEW AND ASSESSMENT POLICYTo carry out the functions and duties associated with theprosecution and law enforcement component requires ongoingreview and evaluation by the concerned agencies. Hence,SNACC and the remaining part ies of NIACS are in a despera teneed to:

1. Form coordination committees and units led by SNACCto under take coordinate among the par ties ofNIACS on:

Reporting on corruption cases.The flow of information and reports.Procedures and the inspection and the AuditteamsInvestigation and evidences collection teams andprocedures.

- Inves tigation and seizure.Litigation and prosecutionEnforcement level of the judicial judgments.

2. A diagnostic study by the World Bank in regard to theprofi le of civil servants convicted of corruption crimesrevealed that none of the civil servants convicted of

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Supreme National Authority for combating corruption (SNACC) If~\=================== \\;!:j/_ _ _ ; : ; : : rcorruption crimes in the past 3 years were given anyadministrative punishment by their respective ministriesor removed from thei r service by the Ministry of CivilService as per the Civil Service Law. The study thuscalled for greater coordination between the Judiciary,Line Ministries, and the Ministry of Civil Service.SNACC will establish an adequate coordinationmechanism in this regard.

3. Hold regular consultat ive meetings at the level ofNIACSleadership to discuss major corruption cases pendingbefore the competent authorities,4. Hold regular consultative meetings at the level of the

coordination committees and units every three months,5 . Hold regular consultat ive meetings on the f iles and casesof corruption whenever needed,

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Supreme National Authority for combating corruption (SNACC) \ l=~~~~~==~====== ~'"'-."",COMPONENT (3)

RAISING THE LEVEL OF AWARENESS, EDUCATION, CULTUREAND COMMUNITY PARTICIPATION

RAISING AWARENESS, EDUCATION, CULTURE AND COMMUNITYPARTICIPATION COMPONENT

Strategic goals: creation of community-based environment. supports ~:!~~~of in tegr it y a nd t ranspa renc y, a nd u .rg es t he ac count ab ili ty andagainst any culture tolerant with corruption.Sub- objectives . I it d Anti-- Buil din g b ri dges of p ar tn er sh ip be tween the Nati onal nt egn y anCorruption System (NIACS)and community f~ameworks. .

- Promoting Media contr ibut ion in anti-corruption efforts and a professionaland impartial manner. the concepts of values, integrity,- Raising the new generation onhonorability and fighting corruption.

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=s=u=p=re=m=e=N=a=ti=o=na=I=A=u=t=ho=r=ity=fo=r=co=m=b=a=ti=n=gco=r=ru=p=ti=o=n(S=N=A=C=C=)==== (1)~This component takes an interest in the moral and cultural dimensions and

community participation through achievement of a strategic objective that iscreation of a participating community environment that advocates values ofintegri ty and transparency, encourages the accountabil ity and res is ts anyculture tolerant with corruption.This strategic goal can be achieved through a correlative series ofcommunity, cultural, educational, and scholarly and research policies andinstruments; which features can be touched in this component.I.Community Participation Policies1. Strengthening community participation in anti-corruption effortsThe strategy is to emphasize that the contents and components areproperty of the system parties including the community based on the ideathat the s trategy is the property of the cit izen and society, and is not jus t astrategy for the Authority. In this context, the attention of the Authority ison achieving a real par tnership with the community in the ownership ofthis s trategy and implementing the contents. A Civil Society Coali tionagainst Corruption, comprising of 16 civil society organizations (CSOs),has been established in Yemen with the help of the World Bank. TheMemorandum of Association and the Executive and Financial By-laws ofthis coali tion have also been ratif ied by member CSOs. This coali tionwil l ta rget 4 pilot ministri es of Education, Hea lth, Water, and Soc ialProtection, to identify the victims of corruption in these sectors,document their case studies, andprovide them a public platform todisseminate the form andmani festat ion of corruption inthese sectors . .This par tnershipcan be further manifested throughsupporting tools, in the forefront,building a nat ional coa li tion in\ hich is the recruitment of thevast majority of communityactivists, civil society institutions,pa rliamentarians, academics,teachers, bus inessmen, socialfigures, political and partyleaders to support anti-corruptionefforts, so that it works as a

RAISING AWARENESS, EDUCATION,CULTURE AND COMMUNITYPARTICIPATION COMPONENT

Key actors:- SANCC- Civil SOCietyOrganizations- Medi a and Pres s- Educational Institutions- Research Centers- Development PartnersTargeted Group:- Relig ious Clergy- Teachers and Headmasters- School & University Students- Med ia Sta ff- Staff of Civil Society Organizat ions

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o o ; ; : ~ f (I \Supreme National Authority for combating corruption (SN ACC) i." !~~=======~============== \"':::"/substitute to the formal NIACS.

2. Strengthening the role of civil society organization in anti.-cor~pt~onefforts through effective involvement in awareness and capacity buildingprograms.

3. Continual consultation with the civil society organizations.4. Promoting awareness and educating the citizens on the ris.ks and

destructive implications of corruption on the present o~the natlOn.andfuture of the generations to come, explaining anti-corruption mechamsmsand reporting channels.

5. Promoting the roles oflocal councils in anti-corruption efforts.6. Continuous promotion of awareness among the beneficiaries and citizenson the various aspects of the performance of State public order.Supporting tools:

Holding periodic consulta tion meetings with the civil socie tyorganizations and the local councils.Sponsoring the activi ties of the civil society ins ti tutions 111 anti-corruption efforts, materially and morally,Allocating annual awards for the most three ac tive civil soc ietyorganizations worked in anti-corruption activities.Pocket manuals and pamphlets, leaflets and posters that introducethe corruption manifestations, devastating effe~ts,. c~ntrolmechanisms and reporting channels on incidence and distribution atlarge-scale.Regular issuance of the integrity magazine and tr~spare~cy ~ulletinof SNACC, to assume the publicat ion of studies, scientific andintellectual effects related to combating corruption; continuing workto develop and expanding in the preparation of the relevantbrochures, pamphlets and posters.

II. Policies: Activating the Role of MediaIt is necessary to revitalize the role of mass media (TV, radio, press andtheater) to participate actively in anti-corruption efforts including its three

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topics; prevention, prosecution and education; raising awareness amongcitizens on the issues of corruption; the continual disclosure of corruptioncases involved; the nature of corruption practices that they made; judgmentsrendered; highlighting the rules, financial and administrative regulationsrelated to financial procedures, in line with the requirements of the media.Supporting tools:- Conducting talk shows with associates of the organizations, authoritiesand institutions created the national integrity system and giving them theopportunity to explain their attitudes, policies and procedures.

- Conducting survey programs to measure corruption cases through asample of the ins ti tut ions of the State administrative organization andsome institutions of the private sector.

- Designing continuous media campaigns through publication of scientificarticles on causes, dimensions, content s, indicators and results ofcorruption and prevention mechanisms.Conducting intensive media campaigns against corruption practices,symbols and related adjudications.Honoring the distinguished media in following up corruption cases.

III. Education and Scientific Research Policies1. Upbringing the new genera tions on the concepts of values, integrity,

honor and fighting corruption through integrating the concepts of anti-corruption in the curriculum of the primary, secondary and universi tyeducation.

2. Guiding the scientific research and supporting research and scientific instrengthening NIACS, and encouraging the academics to prepare studiesand researches in this field.

opporting tools:- Allocating certain days of the annual school calendar to provideadditional awareness lectures on anti-corruption.

- Preparat ion of anti-corruption brochures for three different levels; thefirst brochure for 1 to 6 classes, the second for 7 to 9, and the third fortb secondary school, to be distributed to students in coordination withtheMinistry of Education.

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t.... . , , . , '\,S u p r e m e N a t i o n a l A u t h o r i t y f o r c o m b a t i n g c o r r u p t i o n ( S N A C C ) ' . i


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w.~~;;;;;;~====~==============._- J= ~.-,-;?"- Holding public and targeted lectures addressed to ~oun~ people in thecampus in cooperation with the public and private unrversmes.Organiz ing sc ien tifi c conferences deal ing wi t~ anti -co~p.t ion a?dstreng thening the na tiona l in tegri ty system in coordination WIthuniversities.

- Seeking the assistance of the universities and research cen.ters to conducts tudies required for SNACC and remaining NIACS parties whether onlegislations, rules or regulations.Allocating an annual prize for the best three studies or researchesprepared in anti-corruption.

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= s = u = p = r e = m = e = N = a = t i = o = n a = I = A = u = t = h o = r = i t = yf o = r = c o = m = b = a = t i = n = gc o = r = r u = p = ti = o = n( S = N = A = C = ~ C = ~====@)COMPONENT 4

CAPACITY BUILDINGThis component has been developed tosupport the aforementioned threefunctional components. Thus, thiscomponent shall be tackled in line withthe three functions components of anti-corruption strategy, as capacitybuilding policies in the field ofprevention and protection ofcorruption, law enforcement, andawareness, education and communityparticipation will be addressed, takinginto account the key areas related tothese four components.

CAPACITY BUILDINGStrategic Goal:Bui ld ing th e s ki ll s o f t he Nat ionalIntegrity and Anti-CorruptionSystem.Sub Objectives:- In infrastructure and general ski llsis to continue establishing theinfrastructure and capacityrequired in preventing corruption.

- In prevention: enhancing theski ll s o f personnel and empowerthe civil servants.

- Law enforcement: SNACCcapac ity enhancement as wel l asfor the related law enforcementagencies.

- Ris ing awareness , educa tion andcommunity participation:Enhancing the ski lls of manpowerworks in this f ie ld.

1- Building Capacities in the Fieldof Infrastructure and GeneralSkills:a. Finalizing the establishment

procedures of the trammgcenter in SNACC, strengthening its capacity with special izedsta ff and provision of the financia l resources and al locationsrequired for the implementa tion of training plan and capacitybuilding programs.

b. Designing programs to build the capacity of SNACC staff , whichshall consider computer skills, languages and secretary skills.

c . Quali fying the technica l sta ff of SNACC and enrol ling them inthe postgraduate programs, inside and outside Yemen, in thefields relevant to SNACC activities and areas of competence.

2- Capacity Building Policies in Prevention and Protection Field:a. Strengthening SNACC capacit ies for prevention and protection

against corruption and providing it with the technical s taff andequipment to enable SNACC ana lyze public offi cia ls asse ts,conduct regular comparison based on the timeframe set for th inthe financial disclosure Act, follow up implementation of budgetsand construction projects and development of legis lations andadministrative regulations.

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b. Adoption of continuous awareness and training policy for publicoff icials that should consider the administrative and financialregulations and vocational code of conduct.

c. Continuous training for controlling, monitoring and inspectionsagencies to ensure following the procedures and prevent ingcorruption before it occurs. . .d. Continuous training for media and public relationshipdepartments' staff.

e. Continuous training for the staff of the financial affairs, personneland tender committees units on the values of integri ty and anti-corruption.

f. Workshops, seminars and lectures for public officials on thevalues of integrity, combating corruption, reporting mechanismsand codes of conduct

Supporting tools: . .Development of training programs package to prevent corruption m: Analysis of asset declaration applications; Control and technical inspection programs; Budgets analysis (preparation and level of

implementation) ; Procurement and warehouses, Personnel depar tment; and Conclusion of financial and administrative contracts.

3- Building Capacity Policy in the Field of Law EnforcementLaw enforcement and prosecution component represents the mostimportant component for the effor ts of combating corruption caseswhich fi les have opened, and is the component that measures, to alarge extent, the credibility of anti-corruption efforts, and thereforethe capacity-bui lding policies of this component are on the top ofpriorities agenda of the remaining NIACS pillars concerned with theprosecution and law enforcement. This requires focusing on thefollowing dimensions and aspects: .1 . Providing Complaints and communications Receipt agen~les.

verification, detection, investigation, prosecution and proceedingswith the technical staff and equipment required to meet the needsof these agencies, including the concerned sectors of SNACC.

2. A computer ized Management Information System (MIS) will beestablished in SNACC to monitor and track public complaintsrelated with corruption.

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m=~==================\ '"_!~,_~;7SECTION V

COMPONENT OF ROLES COORDINATIONImplementation of the aforementioned policies requi~es syner~ism amongthe elements of the National Integrity and Anti-Corruption System(NIACS).And If the Authority is legally empowered to prepare a national anti-corruption strategy, implementation of its COORDINATION OF ROLEScomponents shall be a joint responsibilitybetween SNACC and remaining parties ofNIACS. And this requires a high degreeof coordination of tasks and roles of eachparty of NIACS, and therefore, thestrategic objective of this componentseeks to achieve the harmony betweenpil lars of the national integri ty sys tem inthe anti-corruption efforts and demarcatesborders in which shall take the role ofeach par ty and those shall expire then. AnAttention also goes in this section tohighlight nature of the roles played byeach party to the system, taking intoaccount the roles played by other par tiesin order to create a kind of harmonyimplementation of the strategy components.

Strategic Goals: to achieve harmonyin the performance of the system pillarsand coordinate their roles in the anti-corruption efforts.Sub Objectives:- Clari fying the nature of the role of

each party of NIACS in implementingthe components of the strategy.

- Improving the level of coordinationamong NIACS parties in order toachieve optimal implementation ofthe key functions namelyprevention, education and lawenforcement

Key Actors- All NIACS parties.between all parties m

1.Political LeadershipWe already indicated the availabil ity of the polit ical aspirat ion in Yemen atthe highest levels as a basis from which the m~in st:ate?y started,continuation of this aspiration of the political leadership which IS the mainfactor for success of anti-corruption efforts, and translation of the contentsof this strategy in practice. Not to mention that the aspirat ion ex~res~ed bythe polit ical leadership in the f ight against corruption are contnb_utmg . tocreate a political culture resisting corruption and committed to the integrityand t ransparency standards. The role played by the poli tical will in t~i sregard includes provision of absolute support for the s trategy and securingthe necessary resources.- Forc ing polit ica l leaders to abide by indicators of integrity and ant i-corruption within the scope of their powers.

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the

===============~=======~ ..'-.;..~.9- Forcing the polit ical leaders to sign the code of conduct in which they areobliged to distinguish between the public interests and self-interests.

- Ins tructing the senior leadership in the State to complete delivery of theasset deceleration form.- Supporting non-renewal of monopolistic contracts of and decline issuingresolution to implement projects through commissioning.- Supporting SNACC resolution with regard to termination ofmonopolistic contracts causing damages to the national economy.- Emphasi s on the efficiency and abili ty as the key crit eria of candidacyfor managerial and senior executive posts.

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'_0_';.7II. Parliament

Following are the most important roles required:- Amending the laws regulat ing the performance of the par ties involved inNIACS in a way as to promote establ ishment of a moral system able tocontr ibute to creation of a community-based anti-corruption culture,notably: Law No. 39 of 2006 on anti-corruption, ( the def init ion of corruption,

the classification set out in article 30, making an end for duplicationof roles between the SNACC and public prosecution)

Review the Law No.6 of 1995 in regard to the possibi lity of re laxingimmunities to high off icials from investigations into the crimes ofcorruption.

Review the Judicial Authority Law No. (1 ) of 1991, and thatpromotes independence of the judiciary from the executive authority

Review local authori ty law, par ticularly the mechanisms of electingthe governor, appointment of districts General Manager andauthori ties of the local councils tha

Yemen National Anti-Corruption Strategy 2010-2014

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