Author(s): National Anti-Corruption Authority, Presidency of the Government Governance Department and e-Government Unit
Resource Type: Case studies
Establishment of an Anti-corruption Legal Framework
Source in English: ESCWA-OECD Case Study - Anti-corruption Legal Framework, Tunisia
The anti-corruption legal framework was established as part of the 3rd Open Government Partnership action plan of Tunisia to reinforce the implementation of legal texts on anti-corruption. This legal framework consists of taking several practical measures and oversight mechanisms, monitoring the effectiveness of public sector management, achieving equality before the law and enshrining responsibility and accountability.
Implementation: 2018 (in progress)
This project involved several partners, including:
- The National Anti-Corruption Authority.
- Presidency of the Government - Governance Department and e-Government Unit.
- Civil society organizations.
The objective of the project is to achieve the following:
- Applying and maintaining the legal safeguards through a legislative initiative to harmonize legal texts while ensuring individual rights.
- Achieving accountability, efficiency and high performance in the public sector.
- Ensuring effectiveness in recovering illicit funds.
- Providing practical measures and mechanisms to protect whistle-blowers and encourage people to report corruption cases.
This project was designed to concretize legal texts and ensure the proper application of the law through tangible and practical measures. It is characterized by its potential and expanded scope to ensure the establishment of an integrated ecosystem promoting transparency and integrity in the public sector, and enhancing citizens’ participation. This framework does not only focus on legal aspects, it also covers multiple dimensions at the institutional, organizational and regulatory levels in fighting corruption. For the implementation of this project, the participatory approach was adopted in a framework of coordination between all stakeholders.
Beneficiaries of this initiative include mainly the citizens and public sector officials, at the central and local levels, as well as the Government, and non-governmental and civil society organizations.
The project is expected to achieve the following results:
- Issuing regulatory decrees concerning the organic law no. 10-2017 on corruption reporting and whistle-blowers protection.
- Establishing the constitutional Authority for Good Governance and Anti-Corruption.
- Completing and publishing the electronic platform on corruption case reporting.
- During the implementation of this project, several challenges were faced, mainly revolving around:
- Raising awareness among citizens on how to benefit from the anti-corruption legal framework.
- Increased corruption and illicit enrichment in the public sector.
- Addressing the harassment and pressure that whistle-blowers are subjected to after reporting corruption cases, and reinforcing their protection mechanisms.
- Limited reporting cases due to the insufficient incentives offered in the case of reporting and the increased risk of harassment.
- Declining trust in officials and in the public sector as a whole.
- Providing the human and technical resources required to be in line with the provisions of the aforementioned organic law.