Yemen: Zero Governance and Accountability

By: Moneer Al-Omari*

Yemen ranks 161 out of 175 countries in Corruption Perceptions Index (2014), issued by the Transparency International, and the country's overall score was 19 out of 100. Like Yemen, most Arab countries score low on this index.

Likewise, Yemen scores low (11 out of 100) in the Open Budget Survey of 2012, produced by the International Budget Partnership, which seeks to investigate budget transparency and accountability and promote public access to budget information during the budget cycle as well as assessing the strength of auditing and oversight institutions and public engagement. This means that the government provides scant information to the public during the different budgeting cycle and reporting period, in terms of preparation, implementation and oversight.

This poor performance in fighting corruption has been attributed by experts to the fact that the country has made a little or no effort to fight corruption in its different manifestations that is present in all state institutions.

Legislations for Fighting Corruption

Internationally, Yemen signed the United Nations Convention Against Corruption (UNCAC) on December 11, 2003 and it was ratified on November 7, 2005.

At the national level, the Anti-Corruption Law was issued back in 2006. However, this law was not enforced on the ground.  Anti-Money Laundering and Terrorism Financing Law, issued in 2010, is an important law for fighting corruption as well.

Another law which is very crucial for fighting corruption and enhancing public participation is the Law on the Right to Access Information which was issued in July 2012 but its bylaw has not yet been issued. Responsibility and accountability go hand in hand with the right to access public information.

Passing this law of could be considered an important step towards promoting transparency, integrity and social accountability, but it needs serious action by the state to enact and enforce the law. It also needs aggressive awareness-raising campaigns among people. Media and NGOs should do more lobbying and advocacy efforts.

The outcomes of the national dialogue conference relating to fighting corruption are substantial, and it several articles call for promoting transparency, good governance and controlling corruption, but this depends on how successful the government will be in implementing and enforcing these outcomes. The draft constitution does comprise important articles on transparency, social accountability and the right to access public information.

Yemen was among the countries that had gone through what is called the Arab Spring and the country is now in transition and the control by the central government, especially after Houthis' took over Sana'a and most provinces in North Yemen, is minimal.

The overall assessment of Yemen's implementation and enforcement of laws and international treaties and conventions meant for fighting corruption and exercising good governance and social accountability remains therefore poor.

Institutions Fighting Corruption

The country has, in principle, all institutions needed for fighting corruption including the Supreme National Authority for Combating Corruption (SNACC), Supreme National Authority for Bids and Tenders, Central Organization for Control and Auditing (COCA), Public Funds Prosecution; nevertheless, corruption remains rife.

Prosecution and judiciary are also institutions tasked with fighting corruption, but these institutions are not properly functioning and their work is characterized as being slow, unproductive and biased.

Parliament is one of the state bodies tasked with supervising the performance of executive institutions, but this institution is, according to observers, both politicized and paralyzed. It also lacks the required competencies and expertise to effectively supervise state institutions and hold them into account.

Transparency is the cornerstone for good governance and consequently development and the responsibility should be strictly linked with accountability. However, the state is weak and all state institutions are apparently paralyzed. Stability, both political and security, should be resorted first. The laws need a strong and serious government that will not only enforce the laws pertaining to combating corruption, but also enforcing other laws as well.

The Central Organization for Control and Auditing (COCA) is the key state auditing and control institution, but this important institution is directly linked with the President and its reports are sent to the Presidency, while it should report and be supervised by the legislative bodies. It should also make all reports published in its website or published and distributed to people.

Civil Society Organizations (CSOs) are critical for fighting corruption and guaranteeing social accountability. These organizations should work towards raising awareness among people about the risks posed by corruption and its harmful effects in the short, medium and long run. CSOs can also play an important role in terms of follow up and evaluation for the country's adherence to the dictates of the UNCAC as well as other international conventions as well as national laws and regulations.

One of the drawbacks of such organizations is the fact these organizations are concentrated in the capital and some main cities. Their reach-out to people in rural areas where 70% of Yemen people live, is very limited.

The role to be played by media outlets, be that broadcast, print or online media, is indispensable for effectively fighting corruption, promoting social accountability and ensuring proper delivery of services, etc.

Participatory approaches are necessary for fighting corruption especially in budgeting processes: including preparation, implementation and oversight. People's monitoring and oversight should always be there. People should be empowered to exercise their monitoring and oversight roles, to participate in decision making and to hold public servants (officials) into account.

Accountability in SRDC's Work

In a survey conducted by the Social Research and Development Center (SRDC) last April and targeted four provinces (Al-Hodeidah, Sana'a, Aden and Lahj), 70% of respondents completely or somewhat support not having any public official immune before financial control institutions, while 2% oppose and 23% know nothing and 5% opted for the neutral.

Likewise, 62% completely or somewhat support lifting secrecy on financial disclosures, while 3% oppose and 30% know nothing.

61% completely or somewhat support mandating the Central Organization for Control and Auditing (COCA) to exercise its administrative, financial and legal audit of all military and security agencies, while 5% oppose and 29% said they do not know.

In another survey that addressed, among other topics, budget allocation and  expenditures and targeted a representative sample of respondents in two districts in Al-Hodeidah province (Bajel and Al-Hali districts), all respondents stated that they know nothing about the volume of budget allocated for health in their respective areas.

Surprisingly, even officials of health centers in both districts admitted during the focus group discussions that they know nothing about the budget allocated for health in their districts and what they know is just the budget allocated for their centers or units. Normally, it is the managers and chiefs of accounts or accountants who know about things relating to budget. Such information are considered confidential and are not communicated or shared with other employees.

Recommendations

Among the things deemed necessary for ensuring a better service delivery and transparency, the participants in the focus groups and the respondents highlighted the important role that should be played by people, media outlets and NGOs in target communities

State institutions tasked with fighting corruption such as the Supreme National Authority for Combating Corruption and Supreme National Authority for Bids and Tenders should be empowered.

Government institutions should be forced to publish their financial reports periodically on its websites. Other important steps towards fighting corruption include issuing a law for protecting whistleblowers. Open government and online service delivery are necessary for curbing corruption.

Reviewing all legislations that do not allow for holding senior government officials into account. Everybody, no matter who he is, should be accountable. Other laws or bylaws that stop COCA from auditing the books of certain state institutions should be abolished, including those of army and security agencies.

Government has to work towards enacting and strengthening the role of control and accountability institutions.  Additionally, it should work towards fighting the corruption of the judicial system and speeding up the litigation processes.

* Moneer Al-Omari is the Director of the Social Research and Development Center (SRDC). He is also a member of the Yemeni Journalists Syndicate (YJS). He can be reached on: alomari@srdcyemen.org.  

Source:

Yemen Observer Newspaper

The report was originally published in the Yemen Observer on February 24, 2015