Tunisia Country Profile

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Public Anti-Corruption Initiatives

  • Legislation : Tunisia Penal Code (in French) criminalises attempted corruption, active and passive bribery , using public resources for private gain, bribing a foreign official, money laundering and extortion . According to the Penal Code, the offence of passive bribery or offering, promising or giving any undue pecuniary or other advantage to a Tunisian public official directly or through an intermediary, carries a 10 year prison sentence and a fine equal to twice the amount of the bribe/gift received or promised; the minimum fine is TND 10,000 (approximately USD 6,000). However, Article 93 of the Penal Code provides that bribers or intermediaries who notify the public authorities of the offence before criminal charges are brought against them, will be exempted from punishment. Tunisian Criminal Law applies to crimes and offences, including the offence of bribing a public official outside the country by Tunisians. According to the US Department of State 2013 , information on the extent to which anti-corruption legislation is enforced or the level of their effectiveness is not available to the public. Tunisia's first law guaranteeing access to information was passed in May 2011, as reported in a July 2011 article by Article 19. Nevertheless, Freedom House 2013 notes that exceptions to the Decree are so broad that they can undermine the law's ability to ensure transparency and accountability. As part of the government's proactive disclosure policy, a range of key government statistics have been published, including budget execution reports, Court of Audit reports and others. Furthermore, an October 2013 article published by Freedom Info reports that the government has proposed amendments to freedom to access government information decree by establishing an independent commission to monitor the government's compliance with the provisions of the decree. Tunisia has signed and ratified the United Nations Convention against Corruption (UNCAC) and is a founding member of the Middle East and North Africa Financial Action Task Force , which combats money laundering and terrorist financing. Tunisia is not party to either the OECD Anti-Bribery Convention or the AU Convention on Preventing and Combating Corruption . Access the Lexadin World Law Guide for a collection of legislation in Tunisia .
  • Government Strategies : Tunisia is part of the regional anti-corruption network the Arab Anti-Corruption & Integrity Network (ACINET). The interim government, which was formed after the fall of former President Ben Ali’s 23 year regime, has taken a few positive steps towards combatting corruption. According to a January-June 2011 Anti-Corruption newsletter by the United Nations Development Programme (UNDP), the interim government has requested that the UNDP support the country's national anti-corruption commission, la Commission chargée des affaires de corruption et de malversations (now replaced by the l’Instance Nationale de la Lutte Contre la Corruption , see below). Furthermore, in June 2011, the World Bank approved a USD 500 million loan to help the interim government restore the economy, including supporting its efforts to introduce increased anti-corruption measures, as reported by Reuters in 2011. In December 2012, The National Constituent Assembly presented the National Anti-Corruption Strategy , which was to be followed in January 2013 by the signing of the " National Probity Charter ". Yet, at the time of this review, the Charter has still not been signed. The National Anti-Corruption Strategy is based on four key elements: the establishment of a national system of integrity, the promotion of the independent National Anti-Corruption Authority, boosting the participation of civil society and training specialised journalists, as reported by a December 2012 article by All Africa . Another anti-corruption initiative took the form of an anti-corruption portal: the Portail National Pour La Lutte Anti-Corruption is the result of a strategic partnership between the government, civil society and the UNDP in Tunisia. The portal revolves around three principle elements: an information site, a space for constructive ideas contributing to the National Anti-Corruption Strategy and an interactive space for anti-corruption activists. Furthermore, Freedom House 2012 notes that to step-up its fight against corruption, the National Constituent Assembly created the new position of deputy prime minister for anti-corruption. Nevertheless, the US Department of State 2013 notes that the government's efforts to fight corruption have been mostly focused on recovering the assets of the ousted President Ben Ali and his family.

  • Anti-Corruption Agency : In 2011 the National Fact-Finding Commission on Corruption and Embezzlement ( Commission chargée des affaires de corruption et de malversations ) was established to look into corruption committed by the old regime and to create new regulations to combat corruption. In May 2013, the Commission Chargée des Affaires de Corruption et de Malversations was replaced by a new national anti-corruption commission; l'Instance Nationale de la Lutte Contre la Corruption . The commission currently counts 26 members from the public administration, civil society and the judiciary, as a July 2013 article by African Manager . Nevertheless, the meager resources at the disposal of the agency have been criticised by the head of the commission, Samir Annabi, who states that the capacities of the commission do not allow for more than basic "fact-finding" prior to transferring corruption cases to the public prosecutor, as a July 2013 article by The Economist reports. The article further notes that no major investigation cases, except for those involving Ben Ali and his family, have been referred to the court.

  • Office of the Ombudsman : Under the former regime of Ben Ali, the National Ombudsman Services was created by Law No. 51 of 1993 . The office was loyal to then ruling party. After the revolution and under the interim government, the office saw a new ombudsman and former interim president received the 18 th ombudsman report, which highlights the importance of establishing the principle of dialogue within the enterprise, public administration and society. In March 2012, the ombudsman was changed again and the politician and magistrate Ahmed Adhoum was appointed as head of the office. According to a September 2013 article by All Africa , ex-Prime Minister Ali Larayedh received the 2012 ombudsman report. The article further points out that the former Prime Minister emphasised the importance of the work of the office.

  • National Audit Office : The Cour des Comptes (Court of Accounts) of Tunisia is responsible for auditing public sector accounts. According to United Nations Development Programme (UNDP) POGAR on Tunisia , the Court of Accounts is under the Council of State, which is headed by the president. As a result, the Court of Accounts is subject to significant political interference. According to Freedom House 2012 , the president of the office publicly declared his commitment to transparency and pledged to make information on government expenditures public on a regular basis. As promised, the office released a transparent audit of the 2011 election campaign financing to the government in 2012 and the next day the findings and the recommendations of the report were made public. Access to the Court of Accounts’ annual reports here .

  • E-Governance : The Portail Du Government Tunisien (Tunisian Government Portal) is the official online portal that contains a variety of information that is useful for different groups, such as businesses, citizens and civil servants. The portal also contains links to different government ministries and public websites. Another online portal, Portail de I’Industrie Tunisienne (Tunisian Industry Portal), developed by the Tunisien Agency for the Promotion of Industry and Innovation (API), contains comprehensive online information related to setting up a new company, such as investing ideas, business plans, a directory of industrial enterprises and industry sector monographs. The website of the Commission Supérieure des Marchés (CSM, Higher Market Commission) provides useful information, such as the annual programme of the invitations to tenders, announcements of the invitations to tenders, relevant legal and regulatory texts, guides and standard documents. Currently, a two-year project in cooperation with Korea, entitled "the creation of an electronic supplying pilot system ‘e-procurement’ in Tunisia" has been launched in 2013 as reported by e-Government Procurement in Korea 2013 . According to a July 2011 news article by Tunisia Live , the Korean Agency of International Cooperation (KOICA) granted USD 5.7 million to the CSM for the above described project. Click here for more information about the e-administration programme in Tunisia .

  • Public Procurement : The Commission Supérieure des Marchés (CSM, Higher Market Commission) is a government body that oversees all tenders and awarding of major government contracts. According to the US Department of State 2013 , Tunisia has a comprehensive law designed to regulate public procurement, and public tender bidders are required to provide a sworn statement that they, themselves or through a third party, have not and will not make any promises or give gifts with the intention of influencing the outcome of the tender process and realisation of the project. According to the United Nations Development Programme (UNDP) POGAR on Tunisia , public procurement regulations were thoroughly revised by a 2002 decree that applies to all state and local government, state enterprises and other public bodies. Nevertheless, according to an OECD publication, Integrity Scan of Tunisia 2013 , some weaknesses in the Tunisian procurement system include the lack of redress mechanisms, a lack of professionalism and integrity among procurement officials and a lack of monitoring of the procurement process. In addition, Bertelsmann Foundation 2012 comments that, despite the existence of transparent rules for tender procedures, they do not appear to provide enough barriers against corruption in relation to public procurement.

  • Whistleblowing : Tunisian legislation does not include whistleblower protection for civil servants - only private sector employees. However, the law is not always enforced and many are reluctant to report cases of corruption and bribery due to fear of persecution and imprisonment. This is supported by the findings of Transparency International’s Global Corruption Barometer 2013 , which notes that over half of surveyed households would not report incidents of corruption, and of these more than a third cited fear of consequences was the main reason behind not reporting on corruption.

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