2018-07-11

Ramallah

West Bank

His Excellency Chairman of the Anti-Corruption Commission
Mr. Rafiq Al-Natsheh,

Subject: Demanding legal action to be taken regarding depositing the gifts of public officials in the public treasury, and taking the necessary legal action to avoid the conflict of interest in public employment.

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extend their warmest greetings to you, noting that we have read the Facebook post which Former Minister Shawqi Al-Ayasseh had published on 06/06/2018, where he raises the issue of the lack of legislation identifying how to deal with the gifts which public officials may receive by virtue of their posts. A clear mechanism should be in place to ensure that such gifts be deposited in the public treasury, explaining how they are being spent and how much they constitute of the overall treasury. In reference to the aforementioned Facebook post, Mr. Al-Ayasseh points out that he had received an expensive watch during his tenure as Minister, and that he had requested the Prime Minister and the Council of Ministers to issue appropriate legislation to ensure that these gifts be dealt with as part of the public funds. In the said post, he also stated that he had gifted the watch to the Minister who succeeded him in office and that the Government had not yet issued the required legislation. We agree with what has been published on the Minister's page, particularly the part which addresses the need to pass a legislation in this regard quickly and retroactively.

Accordingly and in your capacity as the competent authority in this regard, we ask your Excellency to take the necessary legal action to ensure fair legislative conduct by making sure that gifts of this kind be deposited in the public treasury. 

In addition, we would like to address the news which has been circulated around many social networking sites, including Facebook, claiming that a presidential decree was issued on 10/04/2018 Ref. No. 1343 to appoint the daughter of the Supreme Judge in his office with the rank of Director C as of the date of issuance, if true.

We believe that this action may constitute a conflict of interest, which requires your esteemed body to take legal action by addressing the President to cancel the said appointment decision, if it were found to be an actual conflict of interest, without personal prejudice to either the duty-bearer or the right-holder, and in adherence to the Anti-Corruption Act, the relevant UN Convention, and the principles of good governance.

We hope that you will inform us of the action taken on your part regarding the contents of this memo. We stress our commitment to constructive cooperation with your esteemed body, with a view to contributing to the embodiment of the rule of law and ensuring effective combating of corruption.

With all due respect,

11/07/2018                                                                        Executive Manager

Attachments:
-    The post published on Mr. Shawqi Al-Ayasseh’s Facebook page.
-    The social media news on the aforementioned appointment.