The ministerial inspections) · Judicial Power: Procuratorate

The corruption,
has reached, in the recent years, alarming proportions. The reason why, the
governmental and the non-governmental organizations have set themselves the
goal of combating this phenomenon by developing specific strategies adapted to
the historical forms and dimensions of the phenomenon at the local level.

Among the main actors
we find:

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·        
National Instance of the fight
against corruption (INLUCC)

·        
Presidency
of the Government

·        
Ministry
of the Civil Service, Governance and the Fight Against Corruption

·        
Government Control Bodies
(General control bodies, ministerial inspections)

·        
Judicial Power: Procuratorate and
Repressive Courts

·        
Financial Jurisdictions – Court
of Auditors and Court of Financial Discipline

·        
National
Investigation Commission on cases of corruption and embezzlement

·        
National
Constituent Assembly

·        
National
Anti-Corruption Agency

·        
Tunisian
Alliance for Integrity and Transparency

·        
Civil society : Associations ( ATCP, ATLUC, Mourakiboun, IACE, IWatch
organization, Al Bawsala, Atide, Tunisian League of Human Rights…)

 

National Instance of the fight against corruption
(INLUCC):

 

This instance was created by Legislative Decree 2011-120 of November 14,
2011, it  has replaced the Commission of
Investigation on the Cases of Corruption and Malversation, which prepared a
report on its mission (November 2011 ).

It fights against corruption by :

·        
proposing anti-corruption
policies,

·        
enacting the principles
General Policy,

·        
giving its opinion on draft
laws and regulations relating to the fight against corruption,

·        
collecting data on
corruption,

·        
facilitating contact between
actors, and disseminates an anti-corruption culture.

 

However ,this instance does not replace any other existing body of
control, it must transmit information on cases of corruption and investigates
to justice.

Mission :

Prevent, detect and investigate, independently, cases of corruption in
the public and private sectors and transmit them to the competent authorities,
including justice to respond to one of the first demands of the Tunisian
revolution and have confidence of the people while being indebted to the
legislative power (National Constituent Assembly-ANC and subsequently the
Council of the beginnings of the people-CDP).

Vision :

An independent body, a driving force and a reference player in the fight
against corruption.

Values:

 Independence, Integrity, Ethics,
Transparency, Admissibility, Perseverance.

 

 

Government
Control Bodies

 

·        
The
general control bodies:

 

at. The
general control of the public services under the Prime Ministry : is a superior
control body, with horizontal competence, empowered to control the services of
public administration, including bodies receiving directly or indirectly
participations or public contributions.

 

b. The
general control of finances under the Ministry of Finance : is responsible for
ensuring the control of the management of state budgets, public institutions,
local authorities, as well as the management of the offices, national
societies, companies of mixed economy and organizations, using directly or
indirectly, the financial assistance of the State or a public person.

 

c. The
general control of the State and land affairs domains under the ministry of the
State and land affairs domains: its principal mission is to control the use of
the public and private domains of the State as well as the immovable property,
the movable property the State manages, in-kind or in cash participations of
the State.

 

·        
Departmental
inspections:

 

They exist
in each ministry and are responsible for conducting on-site investigations in
all services and administrations under the department’s responsibility for the
proper management of the sector.

 

Civil
society

 

The dynamic
created by the overthrow of the old regime and the expansion of political
freedoms led to the creation of the ONG and the ONG Network working on the fight
against corruption, which was practically prohibited in the previous regime.

 

A new civil
society emerged after the revolution. The anti-corruption network encompasses a
wide variety of groups and sectors.

 

This civil
society today has a major role in the fight against corruption. In the
perspective of maintaining transparency and efficiency, citizens are at the
forefront of the testimonies to be taken into account.

 

If their
contribution as individual actors is certain, it can also be structured in associations
whose main object is the anti-corruption watch: awareness of the population,
training and information, meetings debates, relay with public actors …

 

Associations
can also federate into networks. An associative anti-corruption network will
have the same missions but in a more global way: it sensitizes, informs and
trains its members. it has a larger mission of watch, listening and advice as
well as expertise and investigation.

 

These
networks have an essential purpose of :

·        
obtaining
information on the activities of its members,

·        
introducing
homogenous behavior conventions,

·        
obtaining
a global support of the environment,

·        
taking
advantage of the lived experiences and to establish learning.

 

Networks
build a social consensus based on mutual trust. To date, we can note the birth
of the Tunisian Alliance for Integrity and Transparency (ATIT) which is a
network of seven ONGs operating in the fight against corruption.

 

Financial
Jurisdictions – Court of Auditors and Court of Financial Discipline

 

·        
The
Court of Auditors :

 

The Court
of Auditors is the Supreme Audit Institution of the State, local authorities
and administrative public institutions, as well as the accounts of public
enterprises. It has powers of jurisdiction (public accounts and accountants)
and control powers (public companies).

 

The Court
of Auditors also controls the finances of political parties, but without the
power to sanction.

 

The Court
of Accounts collects asset declarations from senior officials, as well as the
financial control declarations of political parties.

 

It has
extensive power over all members of the supervisory bodies. It is directly
related to the fight against corruption at the international level

 

·        
The
Financial Discipline Court:

 

This is the
jurisdiction responsible for controlling the proper management of authorizing
officers.

Judicial
Power: Procuratorate and Repressive Courts

 

Two
categories of magistrates are competent: the prosecution (investigating magistrates,
public prosecutor) and the magistrates of the seat who pronounce the
jurisdictional sanctions or the non-place.

 

The
perpetrators of corruption and malfeasance can be prosecuted following a
complaint to the public prosecutor who assesses the desirability of prosecution
and decides on the follow-up to be given, on the basis of the provisions of
articles 83 and following of the penal code.

 

If
accepted, an investigation is opened to establish the facts and after their
confirmation by the Indictment Division, the criminal judge is seized.

 

Within this
judiciary, the “Economic and Financial Center”, currently in the
process of being set up, will be a group of specialized magistrates to
investigate and judge cases of corruption and malfeasance, as well as all
matters relating to money laundering. ‘money.

 

 

 

 

 

 

 

 

 

 

Ministry
of the Civil Service, Governance and the Fight Against Corruption

 

It is the
former Tunisian Ministry of Public Service, Governance and Anti-Corruption.

It was
created in 1980 and was removed by the head of government Youssef Chahed on March
2, 2017, a few days after the resignation of Minister Abid Briki.

 

 

 

 

 

 

1.   programs and projects

 

 

Name of
the public institution

International Development Cooperation

Project/Study name

Description

Year

National
Instance of the fight against corruption (INLUCC)
– Department of Governance Services – Presidency of the Government
– High Council for the Fight against Corruption and Recovery of State Assets
and Property
– Government Control Bodies (General control bodies, ministerial inspections)
– Central Bank of Tunisia and the Tunisian Commission for Financial Analysis
– Judicial Power: Procuratorate and Repressive Courts
– Financial Jurisdictions – Court of Auditors and Court of Financial
Discipline
-National Constituent Assembly
Tunisian Alliance for Integrity and Transparency

United
Nations Development Program (UNDP)

Support
for the establishment of a National Integrity System in Tunisia

The
United Nations Development Program (UNDP) has committed, through the project
“Support to the Establishment of a National System of Integrity in
Tunisia” to enhance transparency, integrity, accountability and accountability.
fight against corruption in Tunisia.

2013 -2016


Presidency of the Government
– The National Investigation Commission on cases of corruption and
embezzlement

National
Commission of Investigations on Corruption and Malpractices

Report of
the National Investigation Commission on Corruption and Malpractices

 

2011

“-Ministry
of the Civil Service, Governance and the Fight Against Corruption
– Presidency of the Government

UNDP

Annual
Report of the Ministry of Governance and Anti – Corruption Year 2013

A
diagnostic report about the current legal system (Avril 1987) was prepared by
experts from the Organization for Economic Co-operation and Development
(OECD) with a comparative study of a number of the best foreign experiences,
presented and discussed at the International Symposium on 14 February 2013

2013

Civil society (16 NGOs)

UNDP

Contribution
of the Civil Society in the application of the UNCAC

The
process of reviewing the implementation of the United Nations Convention
against Corruption (UNCAC) was crowned with the adoption, on October 11, of a
declaration of engagement of the civil society

 

“-
the Ministry of Governance and the Fight Against Corruption;
– the National Anti-Corruption Agency;
– the Court of Auditors ;
– the High Administrative and Financial Control Committee;
– the General Control Committee of Public Services;
– the Committee of State Controllers;
– the General Control of Finances;
– the General Directorate of Customs;
– the General Directorate for Public Expenditure Control;
– the Tunisian Company of Electricity and Gas (STEG);
– Tunisian Post Office;
– the Tunisian Company of Petroleum Activities (ETAP);
– the Tunisian Association of Public Controllers (ATCP);
– The Association of Control, Inspection and Audit Executives in Public
Structures in Tunisia (ACCIA)

OECD
(Organization for Economic Cooperation and Development)

Analysis
of the system of control, audit and control of risks in the Tunisian public
sector

The
example of public enterprises and customs
The purpose of this report is to draw up an inventory of risk management
practices and to measure the respect of good governance in Tunisia in a
number of public entities. It also aims to assess the capacity of the
Tunisian public sector to ensure the achievement of objectives set to a
reasonable extent.

2013

– the
Ministry of Governance and the Fight Against Corruption;
-the National Anti-Corruption Institution;
– the General Committee of the Public Service;
– the Directorate General of Administrative Reforms and Prospects;
– the services of the Legal Counsel and Legislation;
– the Ministry of Education;
– the Court of Auditors ; and
– the Electronic Administration Unit.

OECD
(Organization for Economic Cooperation and Development)

Strengthen integrity in Tunisia

Developing
standards for public officials and strengthening the asset declaration
system.

2013


Minister responsible for governance and fight against corruption
– The Minister of Justice
– Minister of State Property and Land Affairs – Minister of Administrative
Reform

OECD
(Organization for Economic Cooperation and Development)

Evaluation
of the Public Sector Integrity Framework

La Révolution tunisienne a révélé l?étendue de la
corruption qui a caractérisé l?ère Ben Ali. Les ressources publiques ont
ainsi été systématiquement détournées pour servir des intérêts privés au
détriment du développement économique et social de la Tunisie. Le peuple
tunisien s?est soulevé en janvier 2011 contre ce système non-démocratique et
gangrené par la corruption et la suprématie des intérêts particuliers sur
l?intérêt général.

2012 – 2013

– Présidence du gouvernement

OECD
(Organization for Economic Cooperation and Development)

Executive
Summary Selef Assessement Report Tunisia

This
document is transmitted to the Implementation Review Group in accordance with
paragraph 36 of the Terms of Reference of the Implementation Review Mechanism
of the United Nations Convention against Corruption (Conference resolution
3/1) States parties, annex). The summary is based on a country review
conducted in the third year of the first review cycle.

2015