With the conclusion of the Taif agreement in October
1989 and the election of a new president following 15 years of civil
strife, Lebanon began its slow march towards peace and normalcy. The
prolonged period of violence and destruction had inflicted devastating
damage on all sectors of the Lebanese state and society including the
public administration.
It must be pointed out that prior to the civil war the
public administration was facing a number of important problems which
were aggravated over the years as a result of the failure of the
government to deal with them. Actually, since the Chehabi reform
movement of 1959, the government had not made any significant attempt
to reform the public service and adapt it to changing conditions. On
the contrary, some of the changes adopted since 1959 were intended to
reverse or dilute some of the reforms introduced during the Chehabi
regime.
With the end of the civil war and the election of a
new president in 1989, the efforts of the government were inevitably
focused on the task of rebuilding the Lebanese state and society. It
was obvious to all concerned that such a task could not possibly
succeed without a revived and effective public administration. The
revival of the public administration was not only necessary for
restoring the basic role and services of the state, but more
importantly for restoring public confidence in government and
promoting greater political unity and stability in the country. All of
these considerations in addition to the fact that the aftermath of any
major crisis provides a good opportunity for introducing basic changes
and improvements, which could not otherwise be possible, combined to
make administrative reform one of the top priorities of the new
regime.
But despite the urgent need to rebuild and revitalize
the public administration, the new regime of president Elias Hrawi was
not able to devote much attention to this problem until 1992 because
it was preoccupied with a variety of overriding political problems
such as ending the mutinous regime of General Aoun, amending the
constitution to incorporate the changes adopted in the Taif agreement,
consolidating the fragile peace among feuding political groups,
re-asserting and extending the authority of the state, disbanding and
disarming the various militias, unifying and strengthening the army
and internal security forces, passing a new electoral law, and holding
parliamentary elections.
Following the parliamentary elections during the
summer of 1992 a new cabinet was appointed in November 1992 under the
Premiership of Mr. Rafic Hariri and entrusted with the main task of
dealing with the rapidly deteriorating economic and social conditions
which were among the main causes of the resignation of the cabinet of
Mr. Omar Karami in May 1992. By this time, the mounting and widespread
complaints about the lamentable conditions in the public service had
reached an unprecedented level. Mr. Hariri, who is a highly successful
entrepreneur, was keenly aware of the key role that the public service
is supposed to play in any program for rebuilding and developing the
shattered economy in Lebanon. His cabinet also included a number of
professionals from the private sector who were equally aware of the
need to rebuild the public administration and improve its capabilities
as a precondition for the successful implementation of any economic
and social development project and for attracting badly needed foreign
investments.
In addition, a number of regional and international
aid agencies that were approached by Lebanon for financial assistance,
especially the World Bank, were urging the government to devote
greater attention to improving the capabilities of public sector
agencies that were involved in the reconstruction and development
process.
Since it was neither feasible or desirable, for a
variety of reasons, to implement a broad and comprehensive reform
program throughout the public service, the government decided on a
more limited and selective approach that would focus on a number of
issues that deserve priority attention. Foremost among these issues
was the revitalization of central control agencies which include the
Civil Service Council, Central Inspection, the Court of Accounts, the
General Disciplinary Council and the Ministry of Finance which
exercises a central role in financial control. The priority given to
reforming these central control agencies was mainly based on the
following considerations:
- The need to restore order and discipline within a public
service which had been
operating for years on its own practically outside the limits
of state authority
which was seriously weakened as a result of the civil war. There
was an
urgent need in Lebanon to re-assert the principle of civil
service accountability
which, to begin with, had never been strong and which had been
seriously
eroded during the war years.
- The urgent need to deal with
the problem of the increasing and widespread
corruption which is generally considered as the single most
important problem
within the public service. Actually the first reform project
undertaken by the
Hariri cabinet was the "purging" of approximately 500 corrupt
government
employees through a special procedure approved by parliament.
Unfortunately
the decision of the government to dismiss these employees was
overturned by
the Council of State, the highest administrative law court, for
lack of sufficient
evidence.
- The urging of some international aid agencies, notably the
UNDP, the World Bank, the USAID, etc... which emphasized that the
rehabilitation and reform of central control agencies is to a great
extent a pre-requisite for the success of the whole reform effort. As
an example, the first assistance provided by the USAID for
administrative reform purposes was earmarked for central control
agencies and parliament.
- The pressures from many politicians, especially some of the
pro-Chehabi ones
who consider such control agencies as the Civil Service Council
and Central
Inspection as the cornerstones of the reform program of president
Chehab in
1959. Actually, in a resolution approved by parliament during
1993, the
government was urged to "strengthen central control agencies,
protect them and
respect their decisions and recommendations".
- Many of the proponents of reform in Lebanon believe that the
revitalization of
central control agencies could have a strong multiplier effect on
the whole
process of administrative reform because of their key role that
touches upon so
many aspects of the public service. As an example, reform of
the personnel
system cannot succeed without the reform of the Civil Service
Council which
exercises a central role in this whole area.
The following study was undertaken with the hope of
providing a timely and useful input to the reform efforts of the
Lebanese government in dealing with the important issue of control and
accountability in the public service. Its main purpose is to examine
the various instruments of compliance accountability in Lebanon, to
identify their main problems and, whenever possible to suggest
possible improvements.
The concept of compliance accountability could be
briefly and broadly defined as the policy of ensuring adherence by
public agencies and officials to accepted laws, standards and
regulations with a view to minimizing the abuse of authority and
protecting the general interest of society. The main instruments of
compliance accountability that will be covered in this study are the
Ministry of Finance, the Court of Accounts, Central Inspection, the
Civil Service Council, the General Disciplinary Council and
Parliament.
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Authors of Background Studies
Dr. Habib Abi Sakr, Director General of Finance, Ministry of Finance,
Government of Lebanon.
Dr. Saad Andari, Assistant Professor of Money and Banking.
American University of
Beirut.
Dr. Michael Barzelay, Associate Professor of Public Policy, John F.
Kennedy School of Government, Harvard University.
Dr. Adnan Iskandar, Professor of Political Studies and Public
Administration, American University of Beirut.
Dr. Marun Kisirwani, Associate Professor, Department of Political
Studies and Public Administration, American University of Beirut.
Catherine S. Moukhaibir, Lecturer, School of Management, Boston
University and Consultant, Collaborative Research Project on
Administrative Reform in the Public Sector in Lebanon, John F. Kennedy
School of Government, Harvard University.
Dr. Hassan Shalak, President, Civil Service Council, Government
of Lebanon.
Robert Taliercio, Doctoral Candidate, John F. Kennedy School of
Government, Harvard University.
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