Palestinian Authority

This section provides a brief overview of problem identification and policy formulation as critical processes for responsive and efficient governance and service delivery and presents the different thematic sections of Part I.

This section reviews the processes for developing new regulations in the Palestinian Authority, with a particular focus on forward planning, administrative procedures and ex ante impact assessment.

This section examines the institutional framework for regulatory policy in the Palestinian Authority. Regulatory management needs to find its place in a country’s institutional architecture, and capacities for promoting and implementing Better Regulation need to be built up. Mechanisms and institutions need to be established to actively provide oversight of regulatory policy procedures and goals, support and implement regulatory policy and thereby foster regulatory quality.

As highlighted in the OECD Policy Framework on Sound Public Governance, effective policy and legislative development is critical to ensuring that governments can translate long-, medium- and short-term policy goals into concrete actions. It also provides an opportunity for governments to collaborate with a broad array of stakeholders and, as such, is core to the democratic process. It ensures that public governance values – such as integrity, openness and transparency, inclusiveness and accountability – are adopted widely across government, and mainstreamed across the policy cycle.

The Palestinian Authority is to be recognised for its efforts to design a Code of Conduct with broad stakeholder participation. The adoption of the Code was preceded by an exemplary exercise of public consultations, which made a major contribution to improve the text of the document and favorable environment for its implementation.

A set of clear standards of conduct for public officials is crucial for promoting openness, transparency and accountability in the public sector and, in the long run, restore citizens’ trust in government. To this end, the Palestinian Authority has undertaken significant progress in implementing a Code of Conduct and Ethics for its civil service. This report analyses the underlying factors of an effective code of conduct within the framework of broader public governance reform to build open and transparent institutions. It traces the evolution of the code from the first draft to the adopted document and assesses the final version against OECD recommendations and international good practices. The report provides policy recommendations for making the code operational and strengthening the governance framework for public sector integrity in the Palestinian Authority.

With a view to building more performant state institutions and promoting a culture of integrity in the public sector, the Palestinian Authority commissioned the National Committee of the Code of Conduct (NCCC) to draft a code of conduct for Palestinian public officials. This chapter analyses the process towards the adoption of the Code of Conduct and Ethics by the Council of Ministers in 2012. It highlights critical junctures, such as the benchmarking exercise of the draft code against international good practices by the Palestinian Authority and OECD, the consultation process and the series of workshops to allow a broad range of stakeholders from government agencies, civil society, unions and syndicates, academia and experts, and university students to comment on its provisions.

The final text of the code underwent substantial evolution before its adoption and reflects valuable feedback gathered during the consultation process. This chapter outlines the process that led to the adoption of the code and discusses the degree to which its provisions reflect international good practices and standards. The chapter finds that the code provides an effective reference document for the expected conduct of civil servants as it presents key values in a concise way and targets officials throughout the public administration. It discusses the provision of the code with a view to recurrent challenges to public sector integrity, such as wasta, conflict of interest, employment restrictions and gifts. While the code refers to such abuses of integrity and thus can play a prominent role in bringing about attitude change, the chapter draws the attention to legal frameworks that would usefully complement existing safeguards.

The Palestinian Authority is seeking to curb public sector corruption by building a stronger legal framework and effective tools for public sector integrity. In the framework of the MENA-OECD Initiative to Support the Palestinian Authority (MIP) – a strategic partnership to help build more transparent, effective and responsive state institutions – the Palestinian Authority has elaborated a Code of Conduct and Ethics for the civil service. The elaboration of the code reflects strategic considerations among the political leadership to contain public sector corruption and strengthen accountability mechanisms for citizens. The Palestinian Authority has steadily progressed in the implementation of the Code of Conduct and officially launched a large-scale training cycle for 30 000 civil servants over the period 2015-16.

The operationalisation of the code demands a strategic approach to provide for the necessary administrative capacities, communication and awareness measures, training, monitoring, and incentives and sanctions. This chapter provides tailored recommendations in the above mentioned areas. It calls for institutional leadership to ensure coherence and coordination and steering initial communication efforts towards high-level public officials. Trainings for public officials should be institutionalised rapidly, and mechanisms established to allow public employees to seek counsel. Regular monitoring exercises should assess implementation progress with a system of incentives and sanctions established to raise compliance. For those reporting abuse, adequate protection mechanisms against retaliation must be in place. In the medium term, particular agencies or professions could elaborate distinct codes to address specific risks.