- A
- B
- C
- D
- E
- F
Algeria’s GI-ranking in Band F places it in the highest, most critical risk category for corruption in the defence and security sector. To reduce corruption risk and build integrity, security sector reforms are urgently needed across the following areas:
Institutional oversight and accountability
- Accurate figures are not known, but since the liberalization of the economy in 1994, Algerian elites, including large parts of the senior military hierarchy, have been able to monopolise sectors of the Algerian economy including pharmaceuticals, food and building materials, with no public or parliamentary scrutiny of these activities. The profit received from these revenue streams is also not subject to any review. We recommend that the government explicitly outlaw private enterprise by defence and security institutions and personnel, overseen by a robust and independent enforcement agency, with strong sanctions in place for offenders. An Anti-Corruption Law was passed in 2006, which outlaws bribery, gifts, conflicts of interests, illicit enrichment and applies to all civilian and military personnel, but there is no evidence that it has ever been applied to defence officials.
Transparency and openness towards civil society
- Since 1998, Algeria’s government has pursued a communications policy referred to by the Algerian media as “the Great Mute”. Referring to the prevalent attitude of secrecy in politics and lack of communication and transparency by the authorities.
- Algeria has a variety of legal measures to inhibit the activities of civil societies including a 1991 law, which mandates that organisers of any public meeting must inform the governor three days before. The meeting may be banned if it creates “a real risk of disturbing public order”. In 2013 a law enacted which allows the authorities to suspend CSOs if they “interfere with the internal affairs of the country”. A ban on demonstrations in Tangiers has been in place since 2001.
- These laws should be repealed and the Algerian government should allow a space in which civil society can operate freely and assist in formulating policies to enhance transparency and build integrity in the defence sector. This would send a strong signal that the defence sector is there to defend the state and serve the needs of the general population.
Transparency and scrutiny in budgeting
- Algeria’s entire defence budget is classified and no details on defence spending are available. According to external sources the Army budget was USD 20 billion in 2014. There is no defence-specific committee in Parliament and according to Freedom House, the Algerian parliament has a 65% absentee rate. In the absence of effective parliamentary oversight, to allow for civilian scrutiny of defence spending, the government should publish an annual defence budget that includes detailed information on expenditure across functions including research & design, training, salaries, acquisitions, disposal of assets, maintenance and personnel expenditures.
Personnel promotions and nepotism
- There are no indications that formal legal provisions for promotions exist, and our assessment found evidence that personnel are often selected and promoted based on their loyalty and obedience to those in power rather than for their professional merits. Evidence indicates that the appointment system for the selection of officers at the middle and senior levels is often subverted by favouritism and loyalty. We recommend that legislation be enacted with formal written procedures establishing an independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level. This system should be published and mandate the use of objective job descriptions and assessment processes for appointments, with oversight of this process by independent personnel.
Is there formal provision for effective and independent legislative scrutiny of defence policy?
1) Lazhar Fellah, Quel contrôle parlementaire de l'exécution du budget de l'Etat ? July 10, 2006. http://www.djazairess.com/fr/elwatan/46380
2) Yazbeck Dalia, The Devoted Guardians of Algeria’s Power, Sada. April 16, 2014. http://carnegieendowment.org/sada/2014/04/16/devoted-guardians-of-algeria-s-power/h8b5
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisation) to exercise oversight?
Researcher4311: In 2008, a Presidential Decree established a central service of the judiciary police to exercise oversight and handle financial scandals; it was attached to the DRS.
The central service of the judiciary police was dissolved by the president on 22 September 2013. Since then Algeria has not had an identifiable and effective parliament defence and security committee to exercise oversight. This is explained by the close relationship between the parliament, the ruling party and the military (as noted by Yazbeck).
Moreover the Algerian parliament is ineffective, according to Freedom House, it has a 65% member absentee rate. While these members are heavily influenced. In September 2008, for example, they received a salary increase of 300% (equivalent to 30 times the minimum wage) two months before the vote for the amendment of the constitution. Since 2007, the parliament’s role has been reduced as the president uses ordinances to amend and improve laws (a procedure until that time used only for exceptional circumstances).
RESPONSE TO PEER REVIEWER 2:
Agree with the comments, however what the peer reviewer is referring to is the Second Chamber of Parliament (The Council of the Nation) and not the National People's Assembly. However, it is true that 48 out of 144 members of the second chamber are chosen by the president. This is what is called the &quoute;presidential third&quoute;.
See: Le Parlement algérien avec ses deux chambres. http://www.majliselouma.dz/!SiteConfUIPA/fr/pa.htm
1) Le service central de la police judiciaire du DRS a été dissous, Le matin, 22/09/2013. http://www.lematindz.net/news/12517-le-service-central-de-la-police-judiciaire-du-drs-dissous.html
2) Countries at the Crossroads, Algeria (2011). http://freedomhouse.org/report/countries-crossroads/2011/algeria#_ednref7
3) Yazbeck Dalia, The Devoted Guardians of Algeria’s Power, Sada. April 16, 2014. http://carnegieendowment.org/sada/2014/04/16/devoted-guardians-of-algeria-s-power/h8b5
Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: The situation with the Parliament is even worse than what the researcher suggests; indeed, one third of seats in the Senate are appointed by the president. This institution thus seems to completely lack independance and to be totally unable to counter &quoute;le pouvoir&quoute; 's involvement.
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Is the country's national defence policy debated and publicly available?
Researcher4311: Since 1988, Algeria's government has pursued a communication policy that has been dubbed by the Algerian media &quoute;the great mute&quoute;. This refers to a prevalent culture of secrecy in politics, and the lack of communication and transparency towards civil society. The researcher contends that the evidence surrounding Algeria's policies on freedom of information indicate that, rather than there being no freedom at all, the &quoute;pouvoir&quoute; has taken subtler political approach of exclusion/marginalization or inclusion/co-option of the media. As explained by the researcher Chérif Dris in an academic paper (source 10): “Ultimately, we are witnessing a neo-authoritarian media order where the motto is freedom of expression without freedom of the press”.
defence policy is not debated in Algeria. Articles 77, 79, 80 and 82 of the constitution allow for the supremacy of the Executive branch. The bicameral Parliament can debate but the ultimate decision-maker is the President of the Republic. There is no proof that the defence policy is being debated by the executive or the legislature. Research found the PNA has not publicly commented on its mission or its strategies apart from occasional communiqués about anti-smuggling and anti-terrorist missions. Some official statements are published on the official website of the Ministry of defence. Overall it appears likely that the public can find some information but only where the Ministry wants it to.
Despite this lack of communication from the Algerian ministries and government regarding defence policy, and despite a total absence of debate with the public, it was possible to find some credible detail through secondary sources. For instance, the Centre Français de Recherche sur la Renseignement website provides useful information and analysis of secondary material to discuss the development of Algeria's defence policy and the organization of the armed forces (CF2R - source 9). Other information, such as on purchases of the PNA (People's National Army) or its suppliers, is at times presented in local newspapers, although sources are never disclosed. This has made it possible to piece together information on defence, though with significantly less accuracy and transparency than formal information released by the PNA or the government would be.
RESPONSE TO PEER REVIEWER 2: Sources added. Score changed from 1 to 0 during research finalization, on the basis that no aspect of the policy is made available to the public by the government.
1) AFP, Algérie: l’armée proteste contre son surnom de « grande muette », February 25, 2012. http://www.jeuneafrique.com/depeches/58489/politique/algerie-larmee-proteste-contre-son-surnom-de-grande-muette/
2) El Watan, Un message et des interrogations, February 26, 2012. http://www.algeria-watch.org/fr/article/mil/mdn_message.htm
3) L’Algérie révise sa politique de défense face aux menaces en Libye, October 09, 2011, Gnet, Globalnet. http://www.gnet.tn/revue-de-presse-internationale/lalgerie-revise-sa-politique-de-defence-face-aux-menaces-en-libye/id-menu-957.html
4) L’Armée algérienne face aux nouveaux enjeux géostratégiques mondiaux, Le Matin, 29/10/2013
http://www.lematindz.net/news/12727-larmee-algerienne-face-aux-nouveaux-enjeux-geostrategiques-mondiaux.html
5) Algerian constitution 1996 (modified 2002 and 2008): http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---ilo_aids/documents/legaldocument/wcms_125825.pdf
6) Abdelkader Zahar, March 2013 Le marché algérien des armes est juteux jusqu'en 2017 au moins ! t10/04/2013.http://www.maghrebemergent.com/actualite/maghrebine/item/22832-le-marche-algerien-des-armes-est-juteux-jusqu-en-2017.html
7) L’Algérie renforce ses capacités de défense et de lutte anti-terroriste, Algérienews, 29/10/2013. http://www.algerienews.info/lalgerie-renforce-ses-capacites-de-defence-et-de-lutte-anti-terroriste/
8) GlobalSecurity.org, Algeria - Air Force - Modernization, http://www.globalsecurity.org/military/world/algeria/air-force-modernization.htm no date available but published post 2012
9) Laurence Aïda Ammour, Bulletin de documentation N°7. évolution de la politique de défense algérienne. August 2013, http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php
10) Cherif Dris, The new 2012 Organic Law on information in Algeria: towards a neo-authoritarian media order? (2012), p. 303-320. https://anneemaghreb.revues.org/1506#authors
Opinion: Agree with Comments
Comment: The Ministry of Defence's website (http://www.mdn.dz/site_principal/index.php?L=fr#undefined) does not provide a clearly identifiable defence policy: there is no information on the missions of the Ministry (page &quoute;soon available&quoute;), an overwhelming percentage of the press releases concern anti-smuggling (drugs, weapons, and migrants mainly) but no mention to a general strategy, the &quoute;files&quoute; section refers to very specific events and the legal texts section refers to the military service.
No clearly other identified (even in part) defence policy was found in sources such as the media.
Suggested score:
Opinion: Agree with Comments
Comment: Agreed; in addition:
1/ On the reaction of Algerian minister of defence to the nickname &quoute;the great mute&quoute; (&quoute;la grande muette&quoute;), see http://www.jeuneafrique.com/actu/20120225T160554Z20120225T160553Z/ More generally, the idiom has changed its original meaning (French conscripts during the Third Republic did not have the right to vote, a clear sign of defiance by the civilians towards the military) to indicate a great secrecy regarding the military's deeds and affairs.
2/ There is a well-sourced description of the evolution of Algerian defence policy by the French Centre for Intelligence Research (an independent French think tank) at http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php. No clear doctrine seems to be mentioned there however.
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Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption? If no, is there precedent for CSO involvement in general government anti-corruption initiatives?
Researcher4311: There is no evidence that CSO engagement has occurred in Algeria to any significant extent on a defence-related subject, or that talking to CSOs is considered part of the defence institutions’ work. Evidence shows that any attempt by CSOs to engage the government on defence matters would be unlikely to succeed.
Research by Salhi (Source 1) shows that interactions between the Algerian state and public institutions remain inconsistent and fail to embody a partnership. The state considers itself the sole manager of the population's public affairs with the only valid means of representation being the ones it defines.
There is significant broader evidence that the government has attempted to disrupt CSOs in Algeria, particularly through the 2013 Organic Law 12/06 governing associations in Algeria which, among others, allows the government to suspend CSOs if they 'interfere' with the internal affairs of the country.
The Algerian Government has also used its veto three times regarding the participation of an association in the UN conferences. It prevented the AACC (Association Algérienne de lutte contre la corruption) from participating in 2009, 2011 and at the 3rd and 4th Conference of States Parties to the UNCAC in Doha and Marrakesh, and at the 6th UN Convention Against Transnational Organized Crime in 2012.
There is also the 89-28 Act regarding public meetings and demonstrations, enacted in 1989 during the &quoute;infitah&quoute; [political and legal liberalization], was amended by Parliament in 1991 when the country experienced massive protests and violent clashes between the FIS (Islamic Salvation Front] protesters and security forces. Authorities imposed a general ban on demonstrations in Algiers on June 18, 2001, four days after a popular march in support of the rights of the Amazigh ethnic group. This ban has not been since revoked, despite the end of the emergency law in 2011 which had been in place across Algeria for nineteen years. The 1991 law significantly reduced the right of citizens to gather and to hold meetings thus limiting the functionality of public associations.
Under its auspices, organizers of any public meeting are required to inform the governor three days before an event takes place. The gathering can be further prohibited if state administration &quoute;[informs] the organizers that it [the meeting] seems to create a real risk of disturbing public order, or it seems clear that the real purpose of the meeting is to endanger the preservation of the public order&quoute;. No further explanation of the decision is required.
1) Salhi Brahim, Reconstruire et produire du lien social dans la société civile algérienne du 21ème siècle, étude de cas localisés. présentation d'un projet daté du 20/ (no date available)
CRASC. http://www.crasc-dz.org/article-361.html
2) Djamila Ould Khettab, Menace sur la société civile: des milliers d’associations menacées de disparaître, June 8, 2013. http://www.algerie-focus.com/blog/2013/06/menace-sur-la-societe-civile-des-milliers-dassociations-menacees-de-disparaitre/
3) Djamila Ould Khettab, Les associations, une espèce en voie de disparition en Algérie, January 19, 2014. http://www.algerie-focus.com/blog/2014/01/loi-sur-les-associations/
4) Djamila Ould Khettab, Menace sur la société civile: des milliers d’associations menacées de disparaître, June 8, 2013. http://www.algerie-focus.com/blog/2013/06/menace-sur-la-societe-civile-des-milliers-dassociations-menacees-de-disparaitre/
5) Algeria: Bureaucratic Ploys Used to Stifle Associations, March 30,2014. http://www.hrw.org/news/2014/03/30/algeria-bureaucratic-ploys-used-stifle-associations
6) Le président de l’AACC dénonce « le mépris des autorités », El Watan, December 9, 2013. http://www.algeria-watch.org/fr/article/eco/corruption/refus_autorisation.htm
7) Haider Kaci, Menace de mort à l’encontre d’un militant anti-corruption, December 22, 2013. http://www.algerie1.com/actualite/algerie-menaces-de-mort-a-lencontre-dun-militant-contre-la-corruption/
8) 29 activistes condamnés à de lourdes peines de prison à Laghouat, June 18, 2014. http://www.algerie-focus.com/blog/2014/06/29-activistes-condamnes-a-de-lourdes-peines-de-prison-a-laghouat/
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Has the country signed up to international anti-corruption instruments such as, but not exclusively or necessarily, UNCAC and the OECD Convention? (In your answer, please specify which.)
Researcher4311: Algeria signed on December 9th, 2003, the United Nation Convention Against Corruption, and ratified it, with reservation, on August 25th 2004. The reservation is regarding the possibility of extradition to the International Court of Justice.
Algeria signed the United Nations Convention against Transnational Organized Crime on December 12th, 2000 and ratified it on October 7th, 2002 with similar reservations.
The country also signed and ratified the African Union Convention on Preventing and Combating Corruption in 2006. However in the report of UNCAC implementation review it is said that despite &quoute;the concept of illegal enrichment as well as measures for judicial cooperation has been established as part of the process of domesticating the conventions into Algerian law [...] this progress, critics questions the political will to implement anti-corruption measures effectively. Reports of the anti-corruption preventive body are not made public while government appears reluctant to set up an international review mechanism to monitor the implementation of the Convention&quoute;.
So far Algeria has limited the role of civil society in the fight against corruption, and used its veto three times regarding the participation of an association in the UN conferences. It prevented the AACC from participating in 2009, 2011 and at the 3rd and 4th Conference of States Parties to the UNCAC in Doha and Marrakech, and at the 6th UN Convention Against Transnational Organized Crime in 2012.
RESPONSE TO PEER REVIEWER: Discussion updated.
1) United Nation Treaty collection: https://treaties.un.org/pages/viewdetails.aspx?src=ind&mtdsg_no=xviii-14&chapter=18&lang=en#EndDec
2) United Nation Treaty collection : https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12&chapter=18&lang=en#EndDec
3) Status of ratification of the Convention on Corruption. http://www.auanticorruption.org/auac/about/category/status-of-the-ratification.
4) Update on UNCAC implementation in Africa, November 2006. http://bit.ly/1zaiSup
5) ONPLC, Le cadre juridique de la lutte contre la corruption en Algérie. (No date available. Only year: 2013). http://www.onplc.org.dz/onplc_fr/images/stories/onplc/Cadre%20juridique%20francais.pdf
6) Corruption: Nouveau rapport sur la convention anti-corruption de l’OCDE, Le soir d’algérie, October 14, 2013. http://www.lesoirdalgerie.com/articles/2013/10/14/article.php?sid=155428&cid=11
7) Bribery in international business. Country reports on the implementation of the OECD Anti-Bribery Convention. http://www.oecd.org/daf/anti-bribery/countryreportsontheimplementationoftheoecdanti-briberyconvention.htm
8) Walid Ramzy, L’Algérie intègre ses alliées dans la lutte contre la corruption, Magharebia, November 06, 2013. http://magharebia.com/fr/articles/awi/features/2013/11/06/feature-02
Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: Algeria is not a member of the OECD, thus it cannot sign up to an OECD instrument.
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Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?
Researcher4311: Public debate around defence issues is ongoing, but all evidence indicates that the Algerian government does not participate. The case of Ain Amenas is illuminating in this regard. For example, the attack of January 16th, 2013 in Tiguentourène is still surrounded by several questions. Evidence shows the public have asked a number of questions about the attack (such as on the modus operandi of the perpetrators; the tactics of the PNA; the army's decision not to negotiate; etc) that the government and the army have not answered. Research also found that, as during the years of civil war, the authorities have continued not to communicate their defence strategy and rarely provide information on defence issues beyond press releases that report the death of &quoute;terrorist elements&quoute; or the arrest of drug dealers or oil traffickers. Another example is Algeria's state of emergency, lifted in 2011 after 19 years as a political concession during the Arab revolutions. This issue has been unsuccessfully addressed for years by the opposition and civil society.
It is important to note the limited role of the Algerian press in investigating and publishing issues related to corruption, terrorism, security sector, civil rights, etc. Although the information sector has seen some liberalization (law of April 3, 1990) with the creation of the private press and an proliferation of Arabic and Francophone newspapers, the press and television remain tightly controlled by the state. The press has been subject to censorship since Decree 92-44 of February 9, 1992 related to “security policy” and the decree of June 7, 1994 related to &quoute;security information&quoute;. The Press Agency Service (APS), is the only body authorized to &quoute;disseminate official statements made during public announcements.&quoute; The government has also previously implemented a &quoute;peer review&quoute; committee (April 1996) intended to censor the content of articles before printings.
Press offences also present a clear threat to the professional freedom of journalists and bloggers in Algeria; both for those examining defence topics and more widely. Article 144 of the 2001 Criminal Code, stipulates fines and prison sentences from 2 to 12 years for anything published that could be considered as “defamatory”. Lawsuits against journalists and their editors are commonplace, as shown by recent cases against Djamel Ghanem, Abdelghani Aloui, Saber Saidi and others. This is despite the president’s declarations in 2004 - and reiterated in 2009 - that &quoute;Press freedom, which is involved primarily in the the democratic project, will be fully respected. The state remains committed to action in order to facilitate in every respect the exercise and the development of this profession&quoute;.
Moreover, research shows the state has exercised a large degree of control over CSOs and national media. For instance, the government has routinely reduced the right of citizens to gather and hold public meetings. The state has shown a long-standing practice of refusing organizers' requests at the last minute, thus allowing no time for appeal to an administrative court. Specific organizations have been targeted by the state's laws. A recent memorandum to the Minister for Regional Authorities requires a consultation with the Ministry of the Interior before permission can be granted to hold meetings for nineteen listed organization, including the LADDH (Ligue Algérienne des Droits de l’Homme: Algerian League for the defence of Human Rights).
Access to virtual social spaces currently offers Algerians some possibility to express related opinions. Evidence does indicate Algerians have a margin of freedom through access to the internet that includes political, economic, social or cultural expression - including denouncing leaders, contesting the pouvoir or attracting the attention of the public authorities to a matter. Algerians also appear to be very actively engaging in these new communication spaces: recent figures indicate 11 million Internet users, 60% that are between 20 and 35 years. Blogs and Facebook pages and video platform such as YouTube or Daily motion have also dramatically increased in Algeria - 6 million internet users in Algeria have a Facebook profile and 80,000 are on Twitter. It must be noted that the level of Internet penetration does not currently exceed 20% in Algeria however.
Similarly, an increase in the number of private channels has created some space for debate on these issues, such as seen after the attack of Ain Amenas. For example, the Chourouk TV channel organized a debate with journalists following the event regarding the absence of discussion between the civil society and the government, the lack of transparency of the officials regarding this attack and national security overall. No officials were present.
RESPONSE TO PEER REVIEWERS: Discussion updated.
1) Pauline Tissot, Que signifie vraiment la fin de l'état d'urgence en Algérie? February 25, 2011. http://www.lexpress.fr/actualite/monde/afrique/que-signifie-vraiment-la-fin-de-l-etat-d-urgence-en-algerie_966280.html#5tTPg46kFbA4BrBr.99
2) Human Rights Watch, &quoute;Algérie : Recours à des stratagèmes bureaucratiques pour entraver le travail des associations&quoute;, March 31, 2014. http://www.hrw.org/fr/news/2014/03/31/algerie-recours-des-stratagemes-bureaucratiques-pour-entraver-le-travail-des-associa
3) Brahimi Brahim, Le pouvoir, la presse et les intellectuels en Algérie, Paris: l’Harmattan, 1990, 305 p.
4) Débat Echourouk TV: L'affaire de In Amenas, le journalisme citoyen et les nouveaux médias.. http://www.youtube.com/watch?v=QgxEcrm5UtQ
5) Lacassie Camille, Algérie : blogueurs et journalistes arrêtés pour des caricatures, Horizons mediatiques, March 2, 2014. http://horizonsmediatiquescamlacassie.wordpress.com/2014/03/02/algerie-blogueurs-et-journalistes-arretes-pour-des-caricatures/
6) Alkarama, Algérie: Jeune cyber-activiste accusé d'« apologie du terrorisme », August 3, 2012.
http://fr.alkarama.org/algerie/35-communiques-ak/1202-algerie-jeune-cyber-activiste-accuse-dl-apologie-du-terrorisme-r
7) Bsikri Mehdi, Inculpation du blogueur Abdelghani Aloui: vague d’indignation sur les réseaux sociaux, El Watan, October 12, 2013. http://www.algeria-watch.org/fr/mrv/mrvrepr/inculpation_aloui.htm
8) Alilat F., Roger B, Le blogueur algérien Abdelghani Aloui incarcéré pour avoir critiqué Bouteflika, Jeune Afrique, October 10, 2013. http://www.jeuneafrique.com/Article/ARTJAWEB20131010184514/algerie-facebook-droits-de-l-homme-prison-algerie-le-blogueur-algerien-abdelghani-aloui-incarcere-pour-avoir-critique-bouteflika.html
9) Semmar A., Ghanem D,“mon dessin n’offensait pas Bouteflika. Il évoquait uniquement le 4e mandat”, Algerie-Focus, February 14, 2014. http://www.algerie-focus.com/blog/2014/02/djamel-ghanem-mon-dessin-noffensait-pas-bouteflika-il-traitait-uniquement-du-4e-mandat/
10) Semmar Abdou, 18 mois de prison contre l’Algérien Djamel Ghanem: Touche pas à mon caricaturiste ! GlobalVoices, February 15, 2014. http://fr.globalvoicesonline.org/2014/02/15/162412/
11) Bsikri Mehdi, Le Raddh dénonce l’arrestation de Saber Saïdi, El Watan, August 1, 2012. http://www.algeria-watch.de/fr/mrv/mrvrepr/raddh_denonce.htm
12) Nabila Amir, Bouteflika a prêté serment: le discours à l’épreuve des réalités, El Watan, April 20, 2009.
http://www.afrik.com/article16630.html
Opinion: Agree with Comments
Comment: The public debate around defence issues takes the form of online discussions (on forums or social media), in addition to traditional paper press (TV and radio being more state-controlled). The development of internet has provided Algerian citizens with a new space of expression and debate around government policies. However, not only does the Algerian government not take part into this debate, it has also jailed or launched legal pursuits against a number of online journalists in bloggers (such as Abdelghani Aloui for instance).
Suggested score:
Opinion: Agree with Comments
Comment: Can you provide more precise indications as of where and under what form such unidirectional debate occurs?
Suggested score:
Does the country have an openly stated and actively implemented anti-corruption policy for the defence sector?
Researcher4311: There is no evidence that the government's broader anti-corruption strategy covers the defence sector in Algeria or that an actively implemented anti-corruption policy for the defence sector exists. There is no evidence that that the government is considering such a policy.
There is an anti-corruption policy based on the National Anti-Corruption Law (Law No. 06-01 of 20 February 2006 relative à la prévention et à la lutte contre la corruption) which was finalized by Presidential Decree (No. 06-413) in November 2006 and then amended and supplemented by another Presidential Decree (No. 12-64) in February 2012. This policy is targeted more broadly and makes no explicit references to corruption in the defence sector however; instead it makes wider references to public procurement and the private sector.
There are some other national-level bodies mandated to fight against corruption. The National Anti-Corruption Law provides for the creation of a National Body for the Prevention and Fight against Corruption (ONPLC). This body is supposed to be &quoute;an independent administrative authority vested with legal provisions and financial autonomy, attached to the President of the Republic&quoute; (Article 18). Besides the ONPLC, there is also the central office for the repression of corruption (Office central de répression de la corruption: OCRC) which is also governed by presidential decree (of December 8, 2011) and by the 2006 national anti-corruption law. This body is composed of former judicial police officers, magistrates, clerks and representatives from several other jurisdictions. Led by former Attorney General of Algiers, Abdelmalek Sayeh, the body has the task of collection, centralization and exploitation of information within its field of competence; it conducts surveys and researches evidence on facts related to corruption. As of 2014, the OCRC is investigating the case of Chakib Khalil and Sonatrach and also looking at the assets of 60,000 civil servants (source 6). There is also the General Inspectorate of Finance (GIF) which has a special financial intelligence Unit called Cellule de Traitement du Renseignement Financier (CTRF).
RESPONSE TO PEER REVIEWERS: Discussion updated. Score changed from 2 to 0.
1) Ministry of Interior website: http://www.interieur.gov.dz/Dynamics/frmItem.aspx?html=342&s=1]
2) Law No. 06-01 of 20 February 2006 relative à la prévention et à la lutte contre la corruption
3) Presidential Decree No. 06-413 of November 2006 correspondant au 22 novembre 2006 fixant la composition, l'organisation et les modalités de fonctionnement de l'organe national de prévention et de lutte contre la corruption
4) Presidential Decree No. 11-426 of December 8, 2011 fixant la composition, l'organisation et
les modalités de fonctionnement de l'office central de répression de la corruption
5) Presidential Decree No. 12-64 of February 2012 correspondant au 7 février 2012 modifiant et complétant le décret présidentiel n° 06-413 correspondant au 22 novembre 2006 fixant la composition, l'organisation et les modalités de fonctionnement de l'organe national de prévention et de lutte contre la corruption
6) Abi Sofiane, Né avant-hier, l’OCRC déclare la guerre à la corruption, Enquête sur les fortunes de 60 000 responsables. December 2011. http://www.algerie360.com/algerie/ne-avant-hier-l%E2%80%99ocrc-declare-la-guerre-a-la-corruption-enquete-sur-les-fortunes-de-60-000-responsables/
Opinion: Disagree
Comment: As explained, the aforementioned policies and institutions concern civilian administration. There is no evidence that the government's broader anti-corruption strategy covers the defence sector. Therefore a change of score (for 1 or 0, depending on the political context) might be advised.
Suggested score: 1
Opinion: Disagree
Comment: From the researcher's comments, it appears that the existing law and organs do not handle the defence and security sectors. The researcher has not provided any source supporting the investigation of 60,000 public servants. I was not able to identify such sources either. Algeria Watch has denounced what seems to be the first action undertaken by the ONLPC: a questionnaire (http://www.algeria-watch.org/fr/article/eco/corruption/questionnaire.htm, 10 Nov 2014) aimed to serve as an opinion poll to inform the organisation about the drafting of a code of conduct for public servants.
With regards to the information provided by the researcher and other, seemingly contrasting reports, I would downgrade to a score 1 in case the forthcoming anti-corruption policy involves the defence and security sectors, or to a score 0 in case it does not.
Suggested score: 1
Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?
Researcher4311: Evidence indicates the DSI (Direction de la Sécurité Intérieure: Department of Homeland Security), under the command of General Abdelhamid Bendaoud, has investigated corruption cases such as the Sonatrach case. Its mandate could therefore reasonably include the defence sector. There is no evidence of the staffing, funding and evidence of effectiveness of the DSI however.
Aside from the DSI, it is unclear if any other institutions exist that are tasked with building integrity and countering corruption within defence and security institutions. The DRS branch of the Judiciary Police, established in 2008, was mandated to investigate corruption and bribery cases but has since been dissolved (September 2013) without any explanation.
Research indicates it is likely that the DSI, and the DRS before it, has a strong relationship with the highest spheres of the state that would call its independence and effectiveness into question. This is emblematic of the broader long-term Algerian regime structure. Academics and commentators have long held that the army is closely linked to political power - as Yefsah points out, &quoute;it is its essential engine, not to say its main holder&quoute; (Source 4).
RESPONSE TO PEER REVIEWER 2: Disagree. The scoring guidance states there should be &quoute; [...] evidence of such institutions, but they are under political control, or they are potentially misused&quoute; - this is the case in Algeria. One can not deny the fact that these two institutions have indeed existed and that they investigate corruption cases. But they remain under the control of the pouvoir because of the tight links between the military, the FLN, the administration and state bureaucrats.
Score maintained.
1) R.N, Le service central de la police judiciaire du DRS a été dissous, Le Matin, September 22, 2013. http://www.lematindz.net/news/12517-le-service-central-de-la-police-judiciaire-du-drs-dissous.html
2) Hamadi Riyad, Algérie : Lutte contre la corruption: Bachir Tartag, le général du DRS aux commandes de l’opération « mains propres », SIAWI, April 13, 2013. http://www.siawi.org/article5473.html
3) Algérie-Actualité, Lutte contre la corruption: 40 dossiers en cours de traitement, October 29, 2013.
http://www.algerie-actualites.com/article.php3?id_article=10526
4) Abdelkader Yefsah, L'armée et le pouvoir en Algérie. De 1962 à 1992. In: Revue du monde musulman et de la Méditerranée, N°65, 1992. pp. 77-95 http://www.persee.fr/web/revues/home/prescript/article/remmm_0997-1327_1992_num_65_1_1556
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: I agree with some parts of the researcher's comments in general, but I disagree with the overall assessment and I believe there has been some confusion.
It is important to clarify that sovereignity institutions such as the military and the homeland security have strong relationships with the highest spheres of the state *everywhere* in the world: they are tasked with the protection of the country, the govt is tasked with ruling it! So, yes, they are strongly related. But how is this relevant here?
The DSI is *not* tasked with investigating corruption per se. It is tasked with homeland security, as its name suggests it (and its missions). If wrongdoing and misbehaviour is linked to threats to the homeland, than it can eventually be tasked to participate to the investigation. In the Sonatrach-Saipem case, the DRS was much more involved in the investigation than the DSI, by the way. See detailed reports: http://www.jeuneafrique.com/Article/JA2826p024.xml1/ ; http://www.meed.com/sectors/oil-and-gas/oil-upstream/analysis-the-sonatrach-corruption-scandal/3079263.article ; http://www.algerie-focus.com/blog/2013/08/nouvelles-revelations-dans-le-scandale-de-corruption-sonatrach-saipem/
So, in the Sonatrach-Saipem case, the story revolves around retro-commissions including these attributed to former Algerian Energy Minister. But this case has no connection to the defence and security sector.
Lastly and with a direct connection to the indicator: it asks whether the defence and security sector has its own institution to oversee operations and behaviour. As we have seen it in previous indicators, the country's anti-corruption legislation does not seem to include the defence and security sector. There is no evidence that this sector has its own section tasked to supervise and control corruption and misbehaviour. Thus, the most apt score here is 0.
Suggested score: 0
Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?
Researcher4311: While no direct evidence was found to indicate public views on the will to tackle defence corruption, a number of wider studies indicate it unlikely that there is any significant trust in this.
According to a 2011 LADDH survey conducted in 24 out of Algeria's 48 provinces (wilaya), 85% of Algerians interviewed believed that officials enjoy immunity from prosecution for corruption. Almost 52% of the sample feared being involved with corruption investigations, which is a major constraint preventing the exposure of corruption. 43% were fearful of denouncing corruption because of a lack of proof (documents), and 17% were embarrassed to be “informants”. 85% believed that sentences given as a result of corruption cases were inconsequential, while only 14% believed they were severe.
According to Freedom House, the Arab spring has increased the fear of government surveillance among Algerian citizens. The report also found that Algerians were increasingly averse to discussing sensitive topics such as the absence of real political reforms and corruption.
Finally, according to the 2013 Global Corruption Barometer, 57% of Algerians believe that the level of corruption in the country has increased significantly 2011-13. 62% of respondents felt that Parliament was either corrupted or extremely corrupted. 62% also thought that public officials and civil servants were either corrupted or extremely corrupted. 33% of respondents recognized having paid a bribe to the Judiciary while 39% reported paying a bribe to tax revenue representatives.
Given the close alignment of the administration with the military it is reasonable to consider from these results that there is likely to be a corresponding, widely held view that the defence sector is indifferent to corruption.
1) Beskri Mehdi, Les Algériens craignent de dénoncer la corruption, El Watan, December 14, 2011. http://www.algeria-watch.org/fr/article/eco/corruption/etude_laddh.htm
2) Freedom in the world, Algeria, 2014. http://freedomhouse.org/report/freedom-world/2014/algeria#.U-nbQPl_v-s
3) Global Corruption Barometer 2013, Algeria. http://www.transparency.org/gcb2013/country/?country=algeria
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are there regular assessments by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel, and do they put in place measures for mitigating such risks?
Researcher4311: Research found no evidence of regular assessments by the defence Ministry or any other government agency on the areas of greatest corruption risk for ministry and armed forces personnel. No evidence was found of awareness regarding what possible risk areas may exist as well. According to Djilali Hadjadj, president of the AACC, there is a &quoute;lack of systematic analysis of risk factors [i.e conflicts of interest, obtaining unfair advantage, etc.] and of vulnerable areas of corruption [i.e., public procurement, healthcare, permits and licenses issuance]&quoute; in Algeria.
It is unlikely that any effective measures are in place. For instance, in December 2014, the defence sector witnessed a new case of corruption in which military equipment of poor quality was delivered to Algerian military by Russian suppliers, against the payment of commissions. Most recently in April 2015, another case of corruption was released in the defence sector. The investigation suspected the leaders of Finmeccanica of using &quoute;slush funds&quoute; to bribe the Algerian military. The military is accused of favoring the Italian company for the acquisition of 24 AgustaWestland helicopters worth of 460 million euros.
1) Convention des Nations unies contre la corruption. L’Algérie plaide pour le renforcement de la coopération, October 27, 2011. http://www.lemidi-dz.com/index.php?operation=voir_article&id_article=evenement%40art8%402011-10-27
2) Djilali Hadjadj, Non-application du dispositif législatif de prévention des malversations dans l’administration, Où en est la formation des fonctionnaires algériens aux risques de corruption ?, 25.06.2012, http://www.lesoirdalgerie.com/articles/2012/06/25/print-11-135918.php, http://www.djazairess.com/fr/lesoirdalgerie/135918
3) Algérie-Actualité, Lutte contre la corruption: 40 dossiers en cours de traitement, October 29, 2013.
http://www.algerie-actualites.com/article.php3?id_article=10526
4) Magharebia, Maghreb countries tackle public-sector corruption, March 3, 2010. http://magharebia.com/en_GB/articles/awi/reportage/2010/03/05/reportage-01
5) Abed Charef, Une affaire de corruption éclabousse l’armée, Gaïd Salah parait visé, December 3rd, 2014. http://maghrebemergent.info/component/k2/43086-une-affaire-de-corruption-eclabousse-l-armee-gaid-salah-clairement-vise.html
6) Kharief Akram, Un autre scandale de corruption éclate. El Watan, April 25th, 2015. http://www.algeria-watch.org/fr/article/eco/corruption/vente_helicopteres.htm
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?
Researcher4311: There is no evidence of the existence of a defined process for acquisition planning. Moreover it is unlikely that oversight mechanisms exist. As shown in source 2 and 3, it is possible to find partial information on purchases and acquisitions of the army, as well as on its main suppliers.
Research found a severe lack of transparency overall regarding these matters (see source 2). Information regarding planning is not available to the public. Minutes from annual government meetings or debates over budget are not publicly accessible. Corruption allegations such as those raised against Finmeccanica and its subsidiary AgustaWestland clearly raise concerns over the lack of suitable accountability and oversight mechanisms for Algerian defence officials involved in acquisition planning.
1) Code pénal, 4ème édition, 2005 p.20 bis - 57 bis. http://www.droit.mjustice.dz/legisl_fr_de_06_au_juil_08/code_penal_avec_mod_06.pdf
2) Laurence Aïda Ammour, Bulletin de documentation No 7, évolution de la politique de défense algérienne, Centre Français de Recherche sur le Renseignement, August 2013. http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php#_ftn21
3) Website dedicated to the defence sector in the Maghreb. Website: http://www.secretdifa3.net/
4) Kharief Akram, Un autre scandale de corruption éclate. El Watan, April 25th, 2015. http://www.algeria-watch.org/fr/article/eco/corruption/vente_helicopteres.htm
Opinion: Agree with Comments
Comment: No evidence of a defined and publicly available process for acquisition planning has been found. However, defence purchases planning might be -partly- disclosed by the local and more particularly international press (Jeune Afrique, 'Armée algérienne, à quoi va servir le budget de la défense', November 15th 2013, http://www.jeuneafrique.com/Article/ARTJAWEB20131115162408). The information are usually gathered from countries Algeria buys weapons from, such as Russia, France, Italy or China for instance.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is the defence budget transparent, showing key items of expenditure? This would include comprehensive information on military R&D, training, construction, personnel expenditures, acquisitions, disposal of assets, and maintenance.
Researcher4311: It was not possible to find public details about specific items of expenditure of the defence budget from the Algerian government. A total figure for defence budget is available in the national press but no further details such as breakdowns by function are published. In 2014, the Army budget was USD20billion according to Algerie Focus.
Foreign media, such as the Centre Français de Recherche sur le Renseignement (French Research Centre for Intelligence), have provided some secondary data on the defence budget indicating its annual increase, recent purchases and principal providers.
1) Loi de Finance 2013, p. 27 : http://www.mf.gov.dz/article_pdf/upl-37bf45efdf8412a00de028b8d7e5427c.pdf
2) 20 milliards de dollars pour l’armée algérienne: le budget de l’Etat «militarisé», December 30, 2013. http://www.algerie-focus.com/blog/2013/12/revue-de-presse-20-milliards-de-dollars-pour-larmee-algerienne-le-budget-de-letat-militarise/#sthash.JZct
3) Trends in World Military Expenditure, by Sam Perlo-Freeman and Carina Solmirano, (SIPRI Factsheet April 2014) http://books.sipri.org/files/FS/SIPRIFS1404.pdf
4) Laurence Aïda Ammour, Bulletin de documentation No 7, évolution de la politique de défense algérienne, Centre Français de Recherche sur le Renseignement, August 2013. http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php#_ftn16
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way, and is this body provided with detailed, extensive, and timely information on the defence budget?
Researcher4311: There is no legislative committee (or other appropriate body) responsible for defence budget scrutiny in Algeria. The available evidence indicates that the defence budget is not subject to discussion at all.
The parliament is expected to exercise oversight over budgets including defence, however research found it has very limited power in practice. MPs have no means of control over the executive; they do not have adequate resources to even perform a supervisory role to the executive. The parliamentary leader for the FFS (Front des Forces Socialistes: Socialist Force Front), Chafaâ Bouaïche has himself stated that the &quoute;Parliament ... does not have the means to carry out its mission of executive control&quoute; (Source 1).
At the sitting of parliament on October 30 2013, the budget allocated to the Ministry of Defence was set at USD20 billion. Reports indicate that leaders of the parliamentary groups for the RND (National Rally for Democracy) and the FLN (National Liberation Front) parties have openly stated that &quoute;Nobody has the right to issue any criticism on military spending. Because whatever the volume of spending, they will not be in vain. [...] The military has the right to take the money they want (...) because the army is doing an invaluable work to the nation&quoute; (source 1).
RESPONSE TO PEER REVIEWER: Discussion updated.
1) Algérie-Focus, 20 milliards de dollars pour l’armée algérienne: le budget de l’Etat «militarisé», December 30, 2013. http://www.algerie-focus.com/blog/2013/12/revue-de-presse-20-milliards-de-dollars-pour-larmee-algerienne-le-budget-de-letat-militarise/
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: The Sonatrach case does not seem relevant here as the indicator relates to the country's defence budget (Sonatrach is a different case, unrelated to the defence and security sector although involving high-profile personalities).
Suggested score:
Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?
Researcher4311: Interviewee 1 stated that according to the law of finance for 2014, law n°13-08 (dated on December 31, 2013), the Ministry of Defence was allocated USD9.9billion. This information was also published in the 2013 Official Journal of the Algerian Republic. One article in the national press stated that the army was designated USD20billion for 2014, although no further details were reported. No other information on the present or future defence budgets was obtained during research.
The assessor has concluded from examining the available evidence that total defence budget figures are available but that these are unconfirmed and no details of expenditures or funding sources are disclosed. This is supported by the Open Budget Index findings, which have consistently reported that &quoute;Scant or no information&quoute; on budgetary figures is provided to Algerian citizens. The 2012 index also classified Algeria as a country that was &quoute;start[ing] to publish&quoute; budget documents. There is no access to key budget documents on the Ministry of Finance website however and Algeria has not codified the right to access government information into law.
1) JORA (Journal Officiel de la République Algérienne. Official Journal of the Algerian Republic), No 68. December 31, 2013, p. 42. http://www.dgpp-mf.gov.dz/images/stories/PDF/lois_finances/lf%202014.pdf
2) Open Budget Index, Algeria, 2012. http://internationalbudget.org/wp-content/uploads/OBI2012-AlgeriaCS-English.pdf
3) Open Budget Index, Algeria, 2008. http://internationalbudget.org/wp-content/uploads/2011/04/cs_algeria.pdf
4) 20 milliards de dollars pour l’armée algérienne: le budget de l’Etat «militarisé», December 30, 2013. http://www.algerie-focus.com/blog/2013/12/revue-de-presse-20-milliards-de-dollars-pour-larmee-algerienne-le-budget-de-letat-militarise/#sthash.JZct
5) Interview with Interviewee 1, human rights lawyer, August 2014.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: The researcher mentions the Open Budget index 2012, but does not seem to include a link to it. Please fix.
Suggested score:
Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?
Researcher4311: There is no publication of defence income in general, nor of non-central government sources of funding in particular. As shown by The Open Budget Survey (2010 and 2012), refers to Algeria as a country in which 'scant budget information' is provided to citizens. The press often speaks of a military-security power (pouvoir militaro-sécuritaire), which benefits from commissions related to the gas and oil money (Source 3).
RESPONSE TO PEER REVIEWER: Discussion updated and source added.
1) The Open Budget Survey 2010. http://internationalbudget.org/wp-content/uploads/2011/06/2010_Full_Report-English.pdf
2) The Open Budget Survey 2012. Country Datasheet: Algeria (DZ). http://survey.internationalbudget.org/#profile/DZ
3) Omar Benderra, L’Algérie des Oligarques : L’alliance des baïonnettes et des coffres-forts, Algeria-Watch, December 2014. http://www.algeria-watch.org/fr/article/analyse/algerie_des_oligarques.htm
Opinion: Agree with Comments
Comment: No publication of defence income in general, nor of non-central government sources of funding in particular was found. However, the press states that the military draws some of its incomes from natural resources exploitation (Omar Benderra, 'L’Algérie des Oligarques : L’alliance des baïonnettes et des coffres-forts', Algeria Watch, décember 2014, http://www.algeria-watch.org/fr/article/analyse/algerie_des_oligarques.htm), that account for 97% of the country's resources (Mélanie Matarese, 'L'Algérie : un eldorado pétrolier à l'économie chancelante', Le Figaro, April 17th 2014, http://www.lefigaro.fr/conjoncture/2014/04/16/20002-20140416ARTFIG00313-l-algerie-un-eldorado-petrolier-a-l-economie-chancelante.php).
Suggested score:
Opinion: Agree with Comments
Comment: I have not been able to identify a relevant law or doctrine defining such sources either (generally, former French colonies keep France-inspired &quoute;loi de programmation militaire&quoute; or &quoute;loi d'orientation militaire&quoute; which indicates the annual amount of the military budget as well as the levels and types of income).
Suggested score:
Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?
Researcher4311: There is no evidence that any internal auditing occurs of defence ministry expenditures and auditing. The defence sector in Algeria is very opaque and evidence indicates that even La Cour des comptes (Supreme Audit Institution) has very limited powers for auditing defence institutions. According to the French Center for Research on Intelligence, confidentiality and opacity surrounding the allocation and expenditure of defence budgets greatly exacerbates the risk of corruption. The 2012 Open Budget Survey confirms this as well.
1) 20 milliards de dollars pour l’armée algérienne: le budget de l’Etat «militarisé», December 30, 2013. http://www.algerie-focus.com/blog/2013/12/revue-de-presse-20-milliards-de-dollars-pour-larmee-algerienne-le-budget-de-letat-militarise/#sthash.JZct
2) Laurence Aïda ammour, Bulletin de documentation n°7, évolution de la politique de défense algérienne. August 2013. http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php#_ftnref3
3) Country Datasheet: Algeria (DZ), 2012. http://survey.internationalbudget.org/#profile/DZ
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there effective and transparent external auditing of military defence expenditure?
Researcher4311: The SAI (Supreme Audit Institution / Cour des comptes) provides external audits of military defence expenditure but has very limited powers for auditing defence institutions. Evidence such as the several scandals and corruption cases that have recently taken place in Algeria show that SAI auditing is not effective. Moreover, the SAI has itself criticized the lack of transparency of the government (see source 1). No evidence was found of publication of an annual report, apart from the 2012 report published by the media on November 7th of the same year. There is also no evidence of a survey. Public and press evidence reflect a clear sense that Algerians tend to distrust this institution and commonly refer to it as &quoute;la cour des règlements de compte&quoute; [the 'supreme institution of settling the score'; a play on words of the official name].
1) Abderrahmane Mebtoul Corruption en Algérie : quel rôle pour la Cour des comptes ? Le Matin, 04/03/2013. http://www.lematindz.net/news/11209-corruption-en-algerie-quel-role-pour-la-cour-des-comptes.html
2) Official website of the SAI (Supreme Audit Institution). http://www.ccomptes.org.dz/index_fr.html
3) The Open Budget Survey, 2012. Country Datasheet: Algeria (DZ)
http://survey.internationalbudget.org/#profile/DZ
4) Corruption en Algérie: Bouteflika réhabilitera-t-il la Cour des comptes ? Le Matin, May 04, 2014. http://www.lematindz.net/news/14339-corruption-en-algerie-bouteflika-rehabilitera-t-il-la-cour-des-comptes.html
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: I was not able to locate SAI reports where the Defence Ministry spending has been audited. Unless the researcher provides a link to these, I would downgrade the score to 0.
Suggested score: 0
Is there evidence that the country's defence institutions have controlling or financial interests in businesses associated with the country's natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?
Researcher4311: Defence institutions are likely to have financial and controlling interests in businesses associated with Algeria’s natural resource exploitation, especially gas and oil. The Algerian Sahara contains the third largest African oil reserves and a third of the continent's natural gas. According to author Hocine Malti, an engineer who participated in the creation of the Algerian Petroleum company Sonatrach, the leaders of Algeria, including the military, used oil wealth to fill their bank accounts. Malti indicates that billions of oil dollars have remained at the heart of the permanent clashes between the different clans in the &quoute;pouvoir&quoute;. Other journalists indicate that: &quoute;oil and gas fund the army at $13 billion per year&quoute; (source 4).
There is no evidence of these interests being publicly stated or subject to scrutiny.
RESPONSE TO PEER REVIEWER: Discussion and source updated.
1) Luis Martinez, Violence de la rente pétrolière (Algérie - Libye - Irak), Presses de Sciences Po, 2010, 232 p.
2) Hocine Malti, Histoire secrète du pétrole algérien, Broché, 2010, 358 p.
3) Algérie : mais où est passé l’argent du pétrole ? Capital, June 11, 2012.
http://www.capital.fr/enquetes/economie/algerie-mais-ou-est-passe-l-argent-du-petrole-731794
4) Pierre Desorgues, Algérie: un baril explosif, February 24, 2015. http://information.tv5monde.com/info/algerie-quelles-sont-les-consequences-de-la-chute-des-prix-du-petrole-18434
5) Benderra Omar, Pétrole et pouvoir en Algérie, Confluences Méditerranée 2/ 2005 (No. 53), pp. 51-58. www.cairn.info/revue-confluences-mediterranee-2005-2-page-51.htm.
Opinion: Agree with Comments
Comment: There is evidence that defence institutions have controlling or financial interests in businesses associated with the country’s natural resource exploitation (mainly oil and gas). Journalist Abdou Semmar from independent media Algerie Focus states that &quoute;gas and oil fund military expenses at around 13 billions dollars per year&quoute; (http://information.tv5monde.com/info/algerie-quelles-sont-les-consequences-de-la-chute-des-prix-du-petrole-18434).
Although there is evidence that top military commanders, including the head of the military Gaïd Salah have been involved in cases of corruption (http://www.huffpostmaghreb.com/2014/12/03/corruption-armee-gaid-sal_n_6260464.html, no evidence that such individuals were directly and personally benefiting from the country’s natural resource exploitation. However, the head of Intelligence Services, general Médiène has been suspected of owning personal interests in the exploitation of natural resources and real estate (http://www.aljazeera.com/indepth/briefings/2010/09/201092582648347537.html).
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?
Researcher4311: It is difficult to find reports, articles or other sources that cover this topic. According to a research paper published by Global Initiative against Transnational Organized Crime in January 2014, &quoute;Many major Algerian crime syndicates are structured similarly to their counterparts in Europe, have direct links to Spain, Italy and France, and allegedly benefit from significant ties with Algerian military and intelligence services&quoute; (source 5).
Evidence does suggest that security officials and their relatives have been implicated in organized crimes, and have been systematically protected by the &quoute;pouvoir&quoute;. Newspaper articles have reported the involvement of walis (governors), generals, ministers and their children in organised crime for example. One recent example involved a drug trafficking case which implicated sons of generals and FLN (Front de libération nationale / National Liberation Front) members. The case does demonstrate that there are likely to be at least nominal mechanisms in place to investigate organised crime however.
1) Huit stewards d’Air Algérie arrêtés pour trafic de cocaïne, des fils de « personnalités » protégés, Algérie 360, 15 novembre 2011. http://www.algerie360.com/algerie/huit-stewards-d%E2%80%99air-algerie-arretes-pour-trafic-de-cocaine-des-fils-de-%C2%AB-personnalites-%C2%BB-proteges/
2) Ibtissem Zaoui, Policière égorgée à Adrar: les soupçons se dirigent vers un réseau de trafiquants et des policiers , TSA, 23 September, 2010. http://archives.tsa-algerie.com/divers/policiere-egorgee-a-adrar-les-soupcons-se-dirigent-vers-un-reseau-de-trafiquants-et-des-policiers_11662.html
3) La cocaïne, les zawali, les fils de Soltani, Nezzar et Boustila et la « justice » à 2 vitesses !Le Quotidien d'Algérie, December 04, 2013. http://lequotidienalgerie.org/2013/12/04/la-cocaine-les-zawali-les-fils-de-soltani-nezzar-et-boustila-et-la-justice-a-2-vitesses/
4) Saâd Lounès, Kidal, 49ème wilaya d’Algérie, June 14, 2009. http://saadlounes.unblog.fr/kidal-49eme-wilaya-dalgerie/
5) Illicit Trafficking and Instability in Mali: Past, Present and Future, Global Initiative against Transnational Organized Crime, January 2014, p.8. http://www.globalinitiative.net/download/global-initiative/Global%20Initiative%20-%20Organized%20Crime%20and%20Illicit%20Trafficking%20in%20Mali%20-%20Jan%202014.pdf
6) Wolfram Lacher, Organized Crime and Conflict in the Sahel-Sahara Region, September 13, 2012, Carnegie paper. http://carnegieendowment.org/2012/09/13/organized-crime-and-conflict-in-sahel-sahara-region#
7) Marie Kostrz, Mali : pourquoi l’Algérie, leader de la région, « reste très passive », rue 89, May 4, 2012. http://rue89.nouvelobs.com/2012/04/05/mali-pourquoi-lalgerie-leader-de-la-region-reste-tres-passive-230877
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?
Researcher4311: There is the Financial Intelligence Unit that may be able to investigate some forms of corruption and organised crime within the defence services. The unit is established as part of Algeria's commitment to meeting international standards on anti-money laundering and combating financing of terrorism (AML/CFT). It is an independent administrative unit established under the Minister of Finance, and has clearly defined responsibilities in the prevention and fight against money laundering. However, there is no evidence as to the effectiveness of this policing.
1) Mohamed Tahar, Lutte contre le blanchiment d’argent: USA-Algérie, la main dans la main, Le Courrier d'Algérie, MAY 13, 2014. http://lecourrier-dalgerie.com/lutte-contre-le-blanchiment-dargent-usa-algerie-la-main-dans-la-main/
2) Crime organisé transnational: L’Algérie concernée par l’étendue de son territoire, Algérie 1, April 5, 2011. http://www.algerie1.com/actualite/crime-organise-transnational-lalgerie-concernee-par-letendue-de-son-territoire/
3) INTERPOL, Une conférence INTERPOL africaine organisée en Algérie fait l’union des services chargés de l’application de la loi régionaux contre la criminalité transnationale, September 10, 2013. http://www.interpol.int/fr/Centre-des-m%C3%A9dias/Nouvelles/2013/PR105/
4) FATF, Improving Global AML/CFT Compliance: on-going process, October 19, 2012. http://www.fatf-gafi.org/publications/high-riskandnon-cooperativejurisdictions/documents/improvingglobalamlcftcomplianceon-goingprocess-19october2012.html#Algeria
Opinion: Agree with Comments
Comment: No evidence was found concerning the effectiveness of the Financial Intelligence Unit concerning corruption and organised crime within the defence forces. No media reported cases of corruption handled by this institution.
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Opinion: Agree
Comment:
Suggested score:
Are the policies, administration, and budgets of the intelligence services subject to effective, properly resourced, and independent oversight?
Researcher4311: There is no external oversight of any aspect of the intelligence services, and no evidence of internal controls as the link between the state and the intelligence services is very close. Recent events point to an internal power struggle between the executive and the intelligence services that indicates the legislature is highly unlikely to have been able to influence either appropriately.
Article 160 of the Fundamental Law states that the government &quoute;is accountable to each Chamber of Parliament for the use of the Budget appropriations which Parliament voted for each financial year. With regards to the Parliament, the financial year ends with the voting from each of the Chambers, on a Budget resolution for the considered year&quoute;. Evidence indicates that parliamentary control of the overall state budget has been a long-term issue however. For example, in 2011 one member of Parliament stated, &quoute;I have been seeking this control within the PNA [People's National Assembly] for five years, but I have not seen it yet&quoute; (Source 4).
1) Madjid Benchikh, Comité Justice pour l'Algérie. L’organisation du système politique. Dossier n° 13, May 2004. http://www.algerie-tpp.org/tpp/pdf/dossier_13_systeme_politique.pdf
2) Dalia Ghanem-Yazbeck, The Devoted Guardians of Algeria’s Power, Sada, April 16, 2014. http://carnegieendowment.org/sada/2014/04/16/devoted-guardians-of-algeria-s-power/h8b5
3) Nesroulah Yous, Qui sont ces seigneurs qui gouvernent l’Algérie ? Médiapart, April 6, 2014. http://blogs.mediapart.fr/blog/nesroulah-yous/070414/qui-sont-ces-seigneurs-qui-gouvernent-l-algerie
4) Farouk Djouadi, Algérie: Le parlement ne contrôle pas le budget de l’Etat!, KalimaDZ, 27 December 2011. http://kalimadz.com/2011/12/27/algerie-le-parlement-ne-controle-pas-le-budget-de-letat/
5) Algeria arrests reveal intensifying power struggle, Al Araby Al Jadeed, September 4, 2015. http://www.alaraby.co.uk/english/Features/2015/9/4/Algeria-arrests-reveal-intensifying-power-struggle
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?
Researcher4311: The limited available evidence here indicates there are no formal provisions that allow for the objective selection of senior intelligence officials. Appointees do not appear to be subject to any kind of investigation and senior positions within the intelligence services are filled on subjective criteria such as political affiliation. A range of commentary indicates that cronyism, regionalism and nepotism are likely to be rife in the intelligence services. The most likely outside influencers over these decisions are the top ranked political figures of the country such as the President and his clan. For instance, President Bouteflika has appointed individuals in senior positions within the Army by decree in 2011(source 6) and 2013 (source 7). The appointment of a special advisor to the Presidency after he had been dismissed from his position in the DRS (source 8) similarly points to cronyism and demonstrates the kind of positions that have been filled on a subjective basis.
One of the clearest examples here is of the outgoing head of the DRS, General &quoute;Toufik&quoute; Mediène, who had been in the military since before independence (in the National Liberation Army / ALN) and joined the DRS in the early 1990s. General Mediène had also been dubbed the &quoute;king-maker&quoute; by the media in reference to his perceived weight in the appointment of the president. It is important to note that it is difficult to verify information in the media as these figures have tended to be very secretive and do not communicate. For instance, it is very hard to find a recent picture of General Mediène.
The evidence also clearly shows that many generals have remained in their positions well beyond the legal age limit, a position that can reasonably be assessed to be tenable only through their connections. At the time of research the outgoing head of the DRS (General Mediène) was 75 years old, while the Minister of National defence (Abdelmalek Guenaiza) was 78 and the chief of staff (Gaid Salah) was 79 years old.
1) Anthony H. Cordesman, A Tragedy of Arms: Military and Security Developments in the Maghreb, Greenwood Press, 2001, p.154.
2) Yefsah Abdelkader, L'armée et le pouvoir en Algérie de 1962 à 1992, in: Revue du monde musulman et de la Méditerranée, No. 65, 1992. p. 85. http://www.persee.fr/web/revues/home/prescript/article/remmm_0997-1327_1992_num_65_1_1556
3) Mohamed Hachemaoui, La corruption politique en Algérie, L'envers de l'autoritarisme, p.125, June 2011. http://exil-ciph.com/htdocs/ressources_dwnld/textes/H/Hachemaoui.pdf
4) Alilat Farid, Algérie : Mohamed Mediène, le mystère Toufik. February 12th, 2014 / updated September 14th, 2015. http://www.jeuneafrique.com/134548/politique/alg-rie-mohamed-medi-ne-le-myst-re-toufik/
5) Abdou Semmar, Voici les 10 hommes les plus puissants en Algérie. December 19th, 2013. http://www.algerie-focus.com/blog/2013/12/voici-les-10-hommes-les-plus-puissants-et-influents-en-algerie/#sthash.UiZysK4I.dpuf
http://www.algerie-focus.com/blog/2013/12/voici-les-10-hommes-les-plus-puissants-et-influents-en-algerie/
6) Khidr Ali, ANP : Nominations et mises à la retraite d’officiers généraux, July 2, 2011. http://www.algerie1.com/actualite/anp-nominations-et-mises-a-la-retraite-dofficiers-generaux/
7) Baki @7our Mansour, Algérie / L’heure de la succession approche. July 15, 2013. https://7our.wordpress.com/2013/07/15/algerie-lheure-de-la-succession-approche/
8)Abdou Semmar, Le DRS revient en force à la Présidence : le général Bachir Tartag, un protégé du général Toufik, nommé conseiller, September 14, 2014. http://www.algerie-focus.com/blog/2014/09/le-drs-revient-en-force-a-la-presidence-le-general-bachir-tartag-un-protege-du-general-toufil-nomme-conseiller/#sthash.VA42Jave.dpuf
9) Alain Jules, Méandres algériens. La vie secrète d'un prince: le général Toufik, April 10, 2014. http://allainjules.com/2014/04/10/exclusif-meandres-algeriennes-la-vie-secrete-dun-prince-le-general-toufik/
10) Jeremy Keenan, General Toufik: 'God of Algeria' Could the demise of the world's longest serving 'intelligence chief' be imminent? Sep 29, 2010. http://www.aljazeera.com/indepth/briefings/2010/09/201092582648347537.html
Opinion: Agree with Comments
Comment: Although head of intelligence Mohamed Mediène's career start seems to have followed a conventional and traditional (he joined the independence armed movement, and then trained in USSR before coming back to Algeria and climbing the military hierarchy), evidence shows that his appointment at the head of intelligence services and his own support of candidates for senior positions within the military is based on personal interest, and strategic alliances to get rid of potential challengers and opponents within the system and establish a strong basis of supporters at strategic positions, all in the perspective of the current President's death and the succession battle that is thought to occur afterwards (Al Jazeera, http://www.aljazeera.com/indepth/briefings/2010/09/201092582648347537.html, Wikileaks, https://wikileaksactu.wordpress.com/tag/services-secrets-algeriens/).
Suggested score:
Opinion: Agree with Comments
Comment: I am surprised by the lack of sourcing in the researcher's assessment. There are indeed quite a few media reports on this topic:
- a profile of General Tewfik, illustrating the nepotism and cronyism marring the Algerian intelligence http://www.aljazeera.com/indepth/briefings/2010/09%20%20/201092582648347537.html (Al-Jazeera, 2010 but still valid)
- nominated generals in 2011, by Presidential decrees http://www.algerie1.com/actualite/anp-nominations-et-mises-a-la-retraite-dofficiers-generaux/
- a well-documented blog post from 2013 on cronyism in the intelligence sector https://7our.wordpress.com/2013/07/15/algerie-lheure-de-la-succession-approche/
- &quoute;LA PLUS BELLE PRISE DE GUERRE DU CLAN BOUTEFLIKA&quoute;, Mondafrique, 16 Sept 2014 http://mondafrique.com/lire/decryptages/2014/09/16/le-general-felon-adoube-par-said-bouteflika
- &quoute;Le DRS revient en force à la Présidence : le général Bachir Tartag, un protégé du général Toufik, nommé conseiller&quoute;, Algérie Focus, 14 Sept 2014 http://www.algerie-focus.com/blog/2014/09/le-drs-revient-en-force-a-la-presidence-le-general-bachir-tartag-un-protege-du-general-toufil-nomme-conseiller/
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Does the government have a well-scrutinised process for arms export decisions that aligns with international protocols, particularly the Arms Trade Treaty (ATT)?
Researcher4311: Research found little information on this subject. Algeria has neither signed it nor ratified the ATT (Arms Trade Treaty), with no clear explanation provided as to why. There is no evidence of parliamentary approval or debate of arms export decision, hence the lack of evidence on the arms control process.
SIPRI also indicates that Algeria has been importing arms on a large scale, becoming &quoute;the first country in Africa with military spending over $10 billion, an increase of 8.8 per cent since 2012, and of 176 per cent since 2004&quoute;. Although the current political and security environment suggests it is unlikely that Algeria is conducting unscrutinised weapons exporting on any significant scale - and in fact is likely to be more concerned about limiting regional arms trafficking - the lack of evidence that any appropriate systems exist means that very clear risk nonetheless remains.
There has been past speculation in the press about Algeria's capacity and interest in building nuclear weapons. Algeria has signed and ratified the Treaty on the Non-Proliferation of Nuclear Weapons on January 12, 1995.
1) Nejma Rondeleux, La signature de l'Algérie manque toujours à l'appel du Traité sur le commerce des armes, HuffPost Maghreb, March 6, 2014. http://www.huffpostmaghreb.com/2014/06/03/algerie-tarde-a-signer-le_n_5437409.html
2) ONU. Les promesses du Traité sur le commerce des armes n'ont pas été suivies d'une action suffisante, April 2014. http://www.amnesty.fr/Presse/Communiques-de-presse/ONU-Les-promesses-du-Traite-sur-le-commerce-des-armes-n-ont-pas-ete-suivies-une-action-suffisante-11324
3) Traité de Non-Prolifération Nucléaire (TNP). http://www.medea.be/fr/themes/organisations-et-diplomaties-internationales/traite-de-non-proliferation-nucleaire-tnp/
4) Kahina El Hocine, L’Algérie a les moyens d’être une puissance nucléaire, La Nouvelle République, December 18, 2011. http://www.lnr-dz.com/index.php?page=details&id=8052
5) 14 Apr. 2014: Military spending continues to fall in the West but rises everywhere else, says SIPRI. http://www.sipri.org/media/pressreleases/2014/Milex_April_2014
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?
Researcher4311: Research found no evidence of public knowledge about the procedures of asset disposal, nor of the controls that might be in place. Research also found very little data or information related to this topic, including from online sources such as reports or press articles, or from the academic field.
The information that can be found on this matter was mainly from the media, and only bilateral deals were discussed. Media reports have not provided any information regarding the controls which may be in place in this regard, although there is evidence of speculation about corruption in this area.
1) Salem Ferdi, Une cession tributaire de l'aval d'Alger: BP veut quitter l'Algérie, Le Quotidien d'Oran, September 5, 2010. http://www.algeria-watch.org/fr/article/eco/hydroc/bp_veut_quitter_dz.htm
2) Salim Rabia, British Petroleum renonce à vendre ses actifs en Algérie, Maghreb Emergent, March 7, 2011. http://www.algeria-watch.de/fr/article/eco/hydroc/bp_renonce.htm
3) El Kadi Ihsen, Face à Rebrab, Sellal décidé à préempter les actifs de Michelin en Algérie, October 17, 2013. http://www.maghrebemergent.com/component/k2/item/30746-algerie-face-a-rebrab-sellal-decide-a-preempter-les-actifs-de-michelin-en-algerie.html
Opinion: Agree with Comments
Comment: Peer reviewer confirms the lack of publicly available data and information related to the control over the disposal of assets.
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Opinion: Agree
Comment:
Suggested score:
Is independent and transparent scrutiny of asset disposals conducted by defence establishments, and are the reports of such scrutiny publicly available?
Researcher4311: It is difficult to find sources dealing with this matter but from the lack of evidence it seems that asset disposals are not scrutinised by an oversight body of any form. This appears to be part of a wider area of opacity and absence of oversight in Algeria. One example of this, although not directly related to the defence sector, is how the Sonatrach assets were sold off without any commission or oversight on the matter.
1) Comment Chakib Khelil a bradé les actifs de la Sonatrach, August 21, 2013, Algerie-Focus. http://www.algerie-focus.com/blog/2013/08/comment-chakib-khelil-a-brade-les-actifs-de-la-sonatrach/
Opinion: Agree with Comments
Comment: No further evidence of the scrutiny of asset disposals by an oversight body was found. There might be one in theory, but the context brings serious doubts about its existence in practice.
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Opinion: Agree
Comment:
Suggested score:
What percentage of defence and security expenditure in the budget year is dedicated to spending on secret items relating to national security and the intelligence services?
Researcher4311: The percentage of defence and security spending on secret items is not available to the public. This kind of information is classified as &quoute;secret défense&quoute;, or a defence secret. Secrecy of national defence is defined in the penal code (Art 66. ordinance n°75-47 of June 17, 1975) and Law No. 12-05 of January 12, 2012 on information (Section 84) is clear on this subject: &quoute;The right of access to sources of information is recognized for professional journalist unless: the information relates to the secrecy of national defence&quoute;. One journalist has stated that this is &quoute;a tradition inherited from the military dictatorship period in which the citizen is excluded from this area of arms contracts and defence budget.&quoute; (Source 1)
Research found evidence that parliamentarians have sought to justify this lack of transparency. For example, at the sitting of parliament on October 30, 2013, the budget allocated to the Ministry of Defence was set at USD20 billion. Media coverage from the event states that the leaders of the parliamentary groups for the RND (National Rally for Democracy) and the FLN (National Liberation Front) parties openly stated that &quoute;Nobody has the right to issue any criticism on military spending. Because whatever the volume of spending, they will not be in vain. [...] The military has the right to take the money they want (...) because the army is doing an invaluable work to the nation&quoute; (Source 3).
Research showed there is very limited information available in general concerning military spending, and no data to indicate defence spending on secret items. The total amount of the defence budget is available but there is no transparency within the defence figures. For instance, the total figures have been published in the national press (see source 2) but there is no detail on items of expenditure. Other sources such as SIPRI and the CIA World Factbook have similarly only provided broad figures.
1) El Kadi Ihsane, Contrats d'armement, &quoute;domaine gris&quoute; du business, El Watan, February 2, 2006.
http://www.djazairess.com/fr/elwatan/37245
2) APS, Projet de Loi de finances : la Défense se taille la part du lion, September 9, 2014. http://www.lematindz.net/news/15152-projet-de-loi-de-finances-la-defence-se-taille-la-part-du-lion.html
3) Algérie-Focus, 20 milliards de dollars pour l’armée algérienne: le budget de l’Etat «militarisé», December 30, 2013. http://www.algerie-focus.com/blog/2013/12/revue-de-presse-20-milliards-de-dollars-pour-larmee-algerienne-le-budget-de-letat-militarise/#sthash.JZct
4) Trends in World Military Expenditure, by Sam Perlo-Freeman and Carina Solmirano, (SIPRI Factsheet April 2014. http://books.sipri.org/files/FS/SIPRIFS1404.pdf
5) Penal code (2005). Dépot légal 3388 – 2004. ISBN 9961 – 41 – 045 - 9. http://www.droit.mjustice.dz/legisl_fr_de_06_au_juil_08/code_penal_avec_mod_06.pdf
6) Military spending continues to fall in the West but rises everywhere else, says SIPRI, April 14, 2014: http://www.sipri.org/media/pressreleases/2014/Milex_April_2014
7) The World Fact Book. Algeria. (No date available). https://www.cia.gov/library/publications/the-world-factbook/geos/ag.html
Opinion: Agree with Comments
Comment: As Jeune Afrique states, the budget of the armed forces has increased in the aftermath of the &quoute;Arab spring&quoute; (http://www.jeuneafrique.com/Article/ARTJAWEB20131115162408/),
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Opinion: Agree
Comment:
Suggested score:
Is the legislature (or the appropriate legislative committee or members of the legislature) given full information for the budget year on the spending of all secret items relating to national security and military intelligence?
Researcher4311: There is no evidence that the legislature has been, or would be likely to be, provided with such information. State security and intelligence bodies such the former DRS receive almost no media coverage and it is very difficult to tell what oversight may apply to or through them, if any.
Constitutional articles on the legislative and executive branches of Government in Algeria clarify the supremacy of the executive branch, specifically the Presidency of the Republic. The Parliament, which is a bicameral one, can debate but the ultimate decision-maker is the President. Article 81 of the Constitution stipulates that if the Parliament does not approve a program, the Prime Minister shall present the government’s resignation to the President, who nominates a new Prime Minister. The latter will follow the same procedures but in his case, if the Parliament do not approve the (new) Program, the National Assembly will be considered as dissolved (Art. 82).
1) El Kadi Ihsane, Contrats d'armement, domaine gris du business, El Watan, February 27, 2006. http://www.djazairess.com/fr/elwatan/37245
2) Mourad Arbani, Algérie : Plus de 13 milliards de dollars pour la Défense nationale en 2015. 29 August 2014. http://metatv.org/algerie-plus-de-13-milliards-de-dollars-pour-la-defence-nationale-en-2015
3) Constitution de la république algérienne démocratique et populaire, JORA, n°76, Decmber 8, 1996, modified by law n°02-03 of April 10, 2002 JORA DP n°25 of April 14, 2002. Law n°08-19 of November 15, 2008 JORA DP N°63 of November 16, 2008. http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---ilo_aids/documents/legaldocument/wcms_125825.pdf
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Are audit reports of the annual accounts of the security sector (the military, police, and intelligence services) and other secret programs provided to the legislature (or relevant committee) and are they subsequently subject to parliamentary debate?
Researcher4311: Research indicates the legislature is not provided with audit reports on secret items and secret programs, nor are these likely to be audited at all. All relevant information appears to be classified as &quoute;secret défense&quoute;.
Articles 63-66-67 of the Penal Code explain how security in Algeria may be classified &quoute;secret défense&quoute;, and also explains the punishments for those who reveal this information.
1) Penal Code, 2005. http://www.droit.mjustice.dz/legisl_fr_de_06_au_juil_08/code_penal_avec_mod_06.pdf
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Off-budget military expenditures are those that are not formally authorised within a country's official defence budget, often considered to operate through the 'back-door'. In law, are off-budget military expenditures permitted, and if so, are they exceptional occurrences that are well-controlled?
Researcher4311: Research found no information on this matter. There is no evidence that off budget military expenditures are either allowed or forbidden by law. There is a vague reference to transparency in the management of public finances in the law on prevention and fight against corruption (article 10) : &quoute; According to the law, appropriate measures to promote transparency, accountability and rationality in public financial management are made, including, rules relating to the preparation and the execution of the state budget&quoute;.
It is likely that unreported off-budget expenditure does occur. Evidence indicates defence spending may be directly tied to oil and gas income, rather than coming from a central government allocation, which is of significant concern. In addition, as explained by Laurence Aïda Ammour: &quoute; [...] a defence offset policy runs the risk of political corruption in a country where the level of corruption is high, and where defence industry has been marred by a lack of transparency in awarding defence contracts. While the corruption prevention law of 2006 calls for addressing off-budget expenditure, there is no proof of such expenditures being controlled&quoute;.
This is supported by another academic source that indicates: &quoute;There are many reasons to suppose that natural resource revenue may have a particular role in fueling military expenditure [...] they can be a factor in provoking or prolonging conflict and can also create a demand for military power to protect extraction infrastructure. They can lead to nontransparent and corrupt practices, which may favor off-budget military expenditure and large arms deals with lucrative bribe potential&quoute;.
1) Loi n° 06-01 relative à la prévention et à la lutte contre la corruption. O.N.T.E. 2006. p.3. http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
2) Laurence Aida Ammour, Evolution of the Algerian defence Policy, Centre Français de Recherche sur le Renseignement, August 21, 2013. http://www.academia.edu/4457712/THE_ALGERIAN_defence_POLICY
3)Samuel Perlo-Freeman and Jennefer Brauner, Natural resources and military expenditure: The case of Algeria, The Economics of Peace and Security Journal, Vol 7, N° 1, 2012. http://www.academia.edu/5800782/Natural_resources_and_military_expenditure_The_case_of_Algeria
4) Pierre Desorgues, Algérie : un baril explosif, TV5 Monde, February 25, 2015. http://information.tv5monde.com/info/algerie-quelles-sont-les-consequences-de-la-chute-des-prix-du-petrole-18434
Opinion: Agree with Comments
Comment: No evidence that off-budget are legally permitted or forbidden was found. Off-budget expenditure was not recorded in the defence budget.
However, art.10 of Law 06/01 (2006) to prevent corruption calls for &quoute;appropriate measures to promote transparency, responsibility and rationality in the management of public finances to be take accordingly to the current legislation, especially concerning rules related to the elaboration and execution of the State's budget&quoute;.
Moreover, it is likely that off-budget expenditure exist, based on the comments to the previous questions giving background information about the economic and political situation in Algeria. Moreover, Perlo-Freeman and Brauner declare (in 'Natural resources and military expenditure: The case of Algeria' The Economics of Peace and Security Journal, Vol-7 N°1, 2012, http://www.academia.edu/5800782/Natural_resources_and_military_expenditure_The_case_of_Algeria) that the presence of high volumes of natural resources can, in the case of Algeria &quoute;lead to nontransparent and corrupt practices, which may favor off-budget military expenditure and large arms deal with lucrative bribe potential&quoute;.
Suggested score:
Opinion: Agree with Comments
Comment: There is no mention whatsoever regarding off-budget expenditure. The 2006 law on the fight against corruption has only one article on public finances management (art. 10, see fulltext here http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf#) which is very vaguely worded and provides no mention at all about off-budget expenditure.
A research paper (2012) by Sam Perlo-Freeman and Jennifer Brauner from SIPRI indicates: &quoute;Natural resource extraction can generate conflict and create an imperative to protect resource infrastructure from internal or external threats. At the same time it provides a ready source of government revenue, and in particular foreign currency. The lack of transparency often associated with such revenues may facilitate off-budget spending or large, and possibly corrupt, arms purchases.&quoute; (http://www.epsjournal.org.uk/index.php/EPSJ/article/view/134).
Thus, it seems that off-budget expenditure is not explicitly prohibited, thus are allowed by law, and totally unreported on.
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In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?
Researcher4311: Given the particularly high volume of spending, links between oil and gas income and defence spending, and the opacity that exists around defence allocation and expenditure (sources 1, 4), it is likely that off-budget spending occurs and may be used to fund illicit economic activities.
Research found that the defence budget does not appear to be subject to any control or internal or external audit, due to its classification as a state secret. Research by civil society (source 5) also points to evidence of sixty special funds, mostly fuelled by money from the Treasury, that have not been subject to any control by the Parliament.
It is also likely that senior defence figures would be able to carry out off-budget expenditure for illicit purposes. The opacity of the intelligence services and extent of military engagement in commercial enterprise (see related questions) create clear and significant risk areas. Other cases also show that senior figures are likely to be able to act with impunity. In December 2014 the Algerian media published allegations that the Chief of Staff of the People's National Army and the Deputy Minister of Defence were involved in a corruption case in which they accepted the delivery of poor quality military equipment delivered to Algeria by Russian suppliers, against the payment of commissions and bribes. The Ministry of Defence reacted through an official communique and declared the opening of an investigation focused on the technical aspects of the case, namely the failure of the helicopters. There has been no further evidence that any investigation or trial has been opened against the Chief of Staff or any other individuals alleged to be involved however.
1) Laurence AÎda Ammour, Bulletin de documentation n°7, évolution de la politique de défense algérienne, August 21, 2013. http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php#_ftnref3
2) Abed Charef, Une affaire de corruption éclabousse l’armée, Gaïd Salah parait visé, Maghreb Emergent, December 2, 2014. http://www.algeria-watch.org/fr/article/eco/corruption/gaid_salah_vise.htm
3) Salima Tlemçani, Mystère autour des crashs d’avions militaires, El watan. December 2, 2014. http://www.algeria-watch.org/fr/article/mil/delegation_moscou.htm
4) Pierre Desorgues, Algérie : un baril explosif, TV5 Monde, February 25, 2015. http://information.tv5monde.com/info/algerie-quelles-sont-les-consequences-de-la-chute-des-prix-du-petrole-18434
5) FIDH: Fédération Internationale des ligues des droits de l'homme, Algérie, La « mal-vie »: rapport sur la situation des droits économiques, sociaux et culturels en Algérie, May 2010. p. 8. http://www.fidh.org/IMG/pdf/AlgerieDESCfr.pdf
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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In law, are there provisions regulating mechanisms for classifying information on the grounds of protecting national security, and, if so, are they subject to effective scrutiny?
Researcher4311: Articles 63-66-67 of the Penal Code explain how security in Algeria may be classified &quoute;secret défense&quoute;, and also explains the punishments for those who reveal this information. In practice, however, this law is extremely vague and it is not possible to tell how decisions to classify information have been made. It appears clear that it has been persistently possible for individuals or agencies within the state to influence decisions to improperly classify information.
For example, evidence shows that access to a range of subject areas, such as national identity, sovereignty, economy and national security are restricted. The Law on Information, adopted in January 2012, is also very restrictive on associations' ability to publish and disseminate information in Algeria. All publications need to have a prior approval from a media regulatory authority before publishing. Source 2 notes that &quoute;According to the Committee to Protect Journalists, at least 32 provisions of the information law can be used to repress free expression; many are broadly written and could serve as a pretext for unwarranted censorship. Violations under this law can result in fines of up to 500,000 dinars (about $6,700 US).&quoute;
1) Penal Code, 2005. http://www.droit.mjustice.dz/legisl_fr_de_06_au_juil_08/code_penal_avec_mod_06.pdf
2) Ministry of defence. http://www.mdn.dz/site_principal/index.php?L=fr
3) NGO Law Monitor: Algeria, October 5, 2014. http://www.icnl.org/research/monitor/algeria.html
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?
Researcher4311: The defence institutions in Algeria are widely believed to have ownership of commercial businesses but these businesses are not publicly declared and are wholly non-transparent. It is impossible to find evidence of that. Commentators have stated that generals hold a monopoly over the importation of food, medicines and building materials as well as security companies (source 2). It was not possible for the researcher to find any details of the operations and finances on these companies.
According to source 3, this type of illicit activity is common because of a lack of implementation of the anti-corruption law.
1) Mohammed Hachemaoui, La corruption politique en Algérie: l’envers de l’autoritarisme, Esprit, June 2011. http://exil-ciph.com/htdocs/ressources_dwnld/textes/H/Hachemaoui.pdf
2) Les secrets bien gardés des sociétés de gardiennage: Le marché de la sécurité ou le business de la peur, Le Quotidien d'Algérie, July 29, 2010. http://lequotidienalgerie.org/2010/07/29/les-secrets-bien-gardes-des-societes-de-gardiennage-le-marche-de-la-securite-ou-le-business-de-la-peur/
3) Hania Sahnoun, Philip Keefer, Marc Schiffbauer, Abdoulaye Sy, Sahar Hussain, MENA Development Report Jobs or Privileges: Unleashing the Employment Potential of the Middle East and North Africa, November 2014, p, 134. http://elibrary.worldbank.org/doi/book/10.1596/978-1-4648-0405-2
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?
Researcher4311: There is no evidence that military-owned businesses are subject to any scrutiny or auditing processes, and there is a significant lack of transparency and oversight in this area. Research found that many businesses ranging across imports and exports, food, pharmaceutical products, construction material and other sectors are believed to be owned either by the military or military figures.
1) Mohammed Hachemaoui, La corruption politique en Algérie: l’envers de l’autoritarisme, Esprit, Juin 2011, p. 127. http://exil-ciph.com/htdocs/ressources_dwnld/textes/H/Hachemaoui.pdf
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government's reaction to such enterprise?
Researcher4311: The researcher could not find any proof of the existence of a legislation or policy in relation to military personnel. The only related evidence of this for parliamentarians who are not allowed to have more than one professional activity, otherwise sanctions would be taken against them (source 1).
There is no proof that the government publicly discourage the military personnel from having private enterprises. According to Interviewee 1, the structural adjustment measures imposed to Algeria by the IMF in 1994 that promoted the liberalization of the economy have also given the occasion for some of the elites, including many senior officers, to monopolize certain sectors of the Algerian economy. This created a number of monopolies (pharmaceuticals, construction materials...etc) that had the effect of blocking the development of a truly diverse and inclusive private sector in Algeria.
There is extensive evidence of unauthorized private enterprise by military, as shown in several credible pieces of research and press articles. The implication of several generals in a 1998-1999 case of corruption and money laundering against businessman Rafik Khalifa highlights this. These generals were accused of being behind the success of the individual, and of sponsoring him to help him gain credibility to build a client base and business empire (Khalifa Bank, Khalifa Airways, Khalifa TV). In return, Khalifa was alleged to have helped them launder money. There were no sanctions for the involvement of these generals (source 5.6.7).
Mohamed Hachemaoui has also claimed in an academic paper (source 8) that the military holds the monopoly on pharmaceutical companies and the market of imported food products, among others. He specifically implicates the Chief of Staff of the Presidency and the brother of the president, and notes that &quoute;Generals and top-ranked military also enjoy trading monopolies. According to the same study cited above, The market for imports since the 1990s is under the control of businessmen linked to the military and civilian elite. Generals have a monopoly on the importation of food, medicines, building materials, etc.&quoute;
Hachemaoui's research provides numerous examples to support his assertion. For example, that Apotex belongs to the family of the General Secretary of the Ministry of defence. Pharmalliance is the company of the daughter of the former director of the Department of Counter-Espionage and Internal Security (who died in 2009). The former Minister-Counsellor of the Head of State appears to control much of the import of pasta through credit lines allocated by a public bank (CPA) to its firm called GERIC. There is no evidence of punitive measures in place to prevent or limit this kind of private enterprise by military personnel, nor is it outlawed.
Agree with Peer Reviewer: Score selected to reflect criteria that &quoute;The government does not explicitly outlaw private enterprise under the umbrella of the state’s defence and security operations, though it might publicly discourage it, and there are no, or trivial, repercussions for those who engage in it.&quoute;
1) JORA, January 14, 2012. http://www.joradp.dz/FTP/JO-FRANCAIS/2012/F2012001.pdf
2) Interview with Interviewee 1, researcher, email, 1 July 2015.
3) Martinez Luis, Algérie: les illusions de la richesse pétrolière, Les Études du CERI, No. 168, September 2010. http://www.sciencespo.fr/ceri/sites/sciencespo.fr.ceri/files/Etude168_fran%C3%A7ais.pdf
4) Yahia Arkat, Hocine Malti appréhende l’après-élection présidentielle, “La guerre des clans va reprendre”, Liberté, March 31, 2014. http://www.liberte-algerie.com/actualite/la-guerre-des-clans-va-reprendre-hocine-malti-apprehende-l-apres-election-presidentielle-218570
5) Hichem Aboud, Affaire Khalifa: le grand déballage,
April 18, 2013. http://www.kassaman.com/article-affaire-khalifa-le-grand-deballage-8-parties-117186934.html
6) Nesroulah Yous, Qui sont ces seigneurs qui gouvernent l’Algérie ? Mediapart, April 7, 2014. http://blogs.mediapart.fr/blog/nesroulah-yous/070414/qui-sont-ces-seigneurs-qui-gouvernent-l-algerie-0
7) Yasmine Saïd, Cinq clés pour comprendre l’affaire Khalifa, El Watan, March 29, 2013. http://www.algeria-watch.org/fr/article/eco/khalifa/cinq_cles.htm
8) Mohammed Hachemaoui, La corruption politique en Algérie: l’envers de l’autoritarisme, Esprit, Juin 2011. http://exil-ciph.com/htdocs/ressources_dwnld/textes/H/Hachemaoui.pdf
Opinion: Agree
Comment:
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Opinion: Disagree
Comment: Given the researcher's comments and sources, I would even downgrade to 1.
Suggested score: 1
Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit - through, for example, speeches, media interviews, or political mandates - to anti-corruption and integrity measures?
Researcher4311: There is no evidence of any publicly stated commitment by the Defence Ministry, Chief of Defence, or Single Service Chiefs, and there is no evidence that any such commitments are made by senior ministry of defence or armed forces staff either.
There are a large number of statements from officials in Algeria from other areas of the government however, such as the Minister of Justice Mohamed Charfi (sources 1, 2, 3) or the Minister of Finance Karim Djoudi (sources 4,5). In these cases, statements are numerous but evidence of any action is absent.
It should be noted that media that report these statements frequently report them in a derisive manner, indicating a general public belief that there is no real political will to integrity and fighting corruption.
1) Salima Tlemçani, &quoute;Mohamed Charfi: «Immuniser d’abord la justice contre la corruption», El Watan, September 12, 2012. http://www.algeria-watch.de/fr/article/just/immuniser_justice.htm
2) Nissa Hammadi, &quoute;Mohamed Charfi ne veut pas d’une chasse aux sorcières&quoute;, Liberté, September 2012. http://www.liberte-algerie.com/actualite/l-etrange-emotion-du-ministre-de-la-justice-mohamed-charfi-ne-veut-pas-d-une-chasse-aux-sorcieres-185456
3) Chemsedin Boudjedra, Scandales de corruption en série: quelle réaction du ministre de la Justice ?, February 16, 2013, Le Matin. http://www.lematindz.net/news/11068-scandales-de-corruption-en-serie-quelle-reaction-du-ministre-de-la-justice.html
4) Benakli Nadia, Lutte contre la corruption: L’enquête de Karim Djoudi, L'Expression, December 19, 2009. http://www.lexpressiondz.com/actualite/72432-l%E2%80%99enqu%C3%AAte-de-karim-djoudi.html
5) Amar R, &quoute;Karim Djoudi à propos de la lutte contre la corruption&quoute;, «Elle n'épargnera personne», Djazairess, March 19, 2013. http://www.djazairess.com/fr/infosoir/151421
6) Nawal Imès, khalifa, sonatrach, autoroute est-ouest: Quel traitement pour les affaires de corruption ? Le Soir d'Algérie, May 6, 2014. http://www.lesoirdalgerie.com/articles/2014/05/06/article.php?sid=163109&cid=2
7) Boumazza Amina, Lutte contre la corruption en Algérie: beaucoup de déclarations mais peu d’actes, Algérie-Focus, March 3, 2013. http://www.algerie-focus.com/blog/2013/03/lutte-contre-la-corruption-en-algerie-beacoup-de-declarations-mais-peu-dactes/#sthash.ZoaI6zgx.dpuf
8) Khidr Omar, Une profusion de discours sur la lutte contre la corruption pour provoquer un effet placebo chez l’opinion, March 03, 2013. http://www.algerie1.com/actualite/une-profusion-de-discours-sur-la-lutte-contre-la-corruption-pour-provoquer-un-effet-placebo-chez-lopinion/
9) Hacen Ouali, &quoute;Djilali Hadjadj: &quoute;Un gouvernement autoritaire est plus vulnérable à la corruption&quoute;, El Watan, September 18, 2012. http://www.algeria-watch.org/fr/article/eco/corruption/gouvernement_vulnerable.htm
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there public evidence that these measures are being carried out?
Researcher4311: Legal measures exist which apply to personnel found to have taken part in forms of bribery and corruption. The Anti-Corruption Law 06-01 outlines these in several Articles (Articles 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39). No recent evidence was found of sanctions being applied to defence sector personnel.
There is some evidence that measures are taken, although in they are not always consistently applied and in some cases they lack effectiveness. In the recent past, efforts have been made in investigating corruption amongst officials. The government investigated several high-profile corruption scandals in 2009 and 2010. One major case involved several senior officials from the National Bank of Algeria (BNA) being arrested, such as the regional director and the head of the Cherchell agency, who were sentenced to fourteen years in prison for giving large loans to industrialists, businessmen and importers, without considering the prudential rules. According to Algerian news, 215 disciplinary cases were also reported during the first quarter of 2008, 118 of which resulted in official reprimands and 9 cases resulting in suspensions.
1) Loi No 06-01 relative à la prévention et à la lutte contre la corruption, 2006. http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
2) Ministry of Interior website: http://www.interieur.gov.dz/Dynamics/frmItem.aspx?html=342&s=1]
3) Ouazani. C., Belmadi T., Algérie: les cinq plus gros scandales, February 2, 2010. http://www.jeuneafrique.com/Article/ARTJAJA2559p036-041.xml2/
4) Algeria, corruption, GlobalSecurity.org. http://www.globalsecurity.org/military/world/algeria/corruption.htm
5) 2013 Investment Climate Statement, Bureau of Economic and Business Affairs, February 2013. http://www.state.gov/e/eb/rls/othr/ics/2013/204588.htm
6) Mohand Azir, Algérie: La douane submergée par les scandales de corruption, El Watan, October 28, 2009.
http://garrulus-consulting.com/blog/2009/10/29/algerie-la-douane-submergee-par-les-scandales-de-corruption/
7) Finances: Les cadres et inspecteurs de l’IGF en réunion, Algérie 360°. 25 Janvier 2011. http://www.algerie360.com/algerie/finances-les-cadres-et-inspecteurs-de-ligf-en-reunion/
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?
Researcher4311: There is evidence of limited legal provisions to protect whistleblowers in Algeria. Article 45 of the 2006 anti-corruption law, concerning the protection of witnesses, experts, victims and whistleblowers states that someone who attempts to exact revenge or intimidation on whistleblowers “shall be punished by imprisonment of six (6) months to five (5) years and to a fine of USD526 to USD5,260&quoute;. The law is not specific to public officials, but refers to all whistle-blowers.
Members of ANLC are also afforded legal protection from reprisal for reporting evidence of corruption. As mentioned in Law No. 06-01 of 20 February 2006, Article 19, Paragraph 4 “safety and protection of members and officials of the National Prevention And Fighting Corruption Body are protected against any form of pressure or intimidation, threats, insults or attacks of any nature whatsoever which may be the object of or in connection with the performance of their duties”.
In practice the situation appears to be very different however. There is no evidence that the government actively encourage whistle-blowers, and there is little reason to believe defence officials and personnel would trust that they would be provided adequate protection if they reported corrupt activity. Several cases of whistle-blowers working in the public sector or elsewhere have been reported in the media as being subject to harassment or persecution, have been fired from their jobs, or prosecuted for false allegations and defamation. One such case is that of Khaled (see source 10) who was sentenced in 2014 to 9 months of prison for whistle blowing and for exposing corruption and misappropriation in his firm.
In another case, Pierre Demers, a Canadian engineer, was arrested in 2009 after denouncing corruption and facilitation payments in the military. Two members of the Algerian military who were involved in the case were not convicted despite evidence of them offering confessions (sources 11 and 12).
Interviewee 2 also stated that the law does not protect whistleblowers, and confirmed that &quoute;that there are hundreds of whistle-blowers dismissals every years in all sectors. Abusive dismissals, forced retreats, abusive end of functions for fixed term contracts...&quoute; as well stating that many other unreported cases exist of whistle-blowers being persecuted for their actions.
1) Loi No 06-01 relative à la prévention et à la lutte contre la corruption, 2006. http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
2) Lamriben Hocine, Les cadres: ces parfaits boucs émissaires,El Watan, June 14, 2008. http://www.algeria-watch.org/fr/article/eco/cadres_boucs_emissaires.htm
3) Les petites mains de la lutte anti-corruption, El Watan, March 22, 2013. http://www.algeria-watch.org/fr/article/eco/corruption/lutte_anticorruption.htm
4) Neila Latrous, Une association veut mieux protéger ceux qui dénoncent la corruption, September 21, 2013. http://www.algerie-focus.com/blog/2013/09/algerie-une-association-veut-mieux-proteger-ceux-qui-denoncent-la-corruption
5) Le caporal fathallah « exilé » au sud pour avoir dénoncé la corruption, le matin, September 21, 2013. http://www.lematindz.net/news/12509-le-caporal-fathallah-exile-au-sud-pour-avoir-denonce-la-corruption.html
6) Rayane Djerdi, Algérie: une association anti-corruption dénonce la mutation « punitive » d’un cadre de la Protection civile, Maghreb Emergent, September 21, 2013. http://www.maghrebemergent.com/component/k2/item/29712-algerie-une-association-anti-corruption-denonce-la-mutation-punitive-d-un-cadre-de-la-protection-civile.html
7) Amina Boumaaza, Algérie: un douanier limogé et menacé pour sa lutte contre la corruption, Algérie-Focus, November 4, 2013. http://www.algerie-focus.com/blog/2013/11/algerie-un-douanier-limoge-et-menace-pour-sa-lutte-contre-la-corruption/
8) M.B, Ne lâchons pas Djaziri, Le Matin Dz, May 15, 2008. http://www.lematindz.net/news/1449-ne-lachons-pas-djaziri-.html
9) Fella Bouredji, Les dessous de l’affaire Mouhib Khatir, Le Quotidien d'Algérie, July 25, 2011.
http://lequotidienalgerie.org/2011/07/25/les-dessous-de-l%E2%80%99affaire-mouhib-khatir/
10) Algérie: Khaled, 9 mois en prison pour avoir dénoncé la corruption. Les échos d'Algérie, May 16, 2014. http://www.echoalgerie.com/article.php?id=3221#sthash.HwyZLLrK.dpuf
11) La corruption n’épargne pas l’ANP, Un regard averti sur l'Algérie et le monde, April 8, 2014.
12) Anne Panasuk, Le calvaire d'un ingénieur québécois emprisonné en Algérie, Survey, April 3, 2014. http://ici.radio-canada.ca/nouvelles/societe/2014/04/03/001-enquete-pierre-demers-ingenieur-algerie-prison.shtml; https://www.youtube.com/watch?v=YPAQ0KcNSPo
Interview with Interviewee 2, human right activist, via email, 12 August 2014.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?
Researcher4311: There is no evidence that personnel in sensitive positions are subject to attention such as specific vetting requirements, rotation of posts after a limited number of years, or post-retirement restrictions in Algeria. There is also no evidence of any codes of conduct associated with these types of position, and no evidence of recognition by the government that certain positions may be more open to corruption opportunities than others. Djilali Hadjadj, president of the AACC, explains that there is a &quoute;lack of systematic analysis of risk factors (for instance: conflict of interest and obtaining unfair advantage) and of vulnerable areas of corruption (such as public procurement, healthcare, permits and licenses issuance) in Algeria&quoute;.
Sensitive positions (officials and personnel in defence procurement, contracting, financial management, and commercial management) do not seem to be openly declared. Furthermore, there is no evidence of the existence of any mechanism for selection and oversight for these positions.
There is no special attention shown to vetting, rotation on posts or post-retirement restriction of officials in sensitive positions, as shown by the very advanced age of top ranking generals in the PNA. For instance, at the time of writing the Chief of the Defence Staff was 79 years old; the Minister for National Defence was 78; and the head of the intelligence services (DRS), Médiène Mohammed, was 75 years old. It is very hard, if not impossible, to find any official biographies or even life stories about military personnel holding sensitive posts in Algeria and there is a total opacity around them and a lack of transparency regarding their professional ascension.
1) JORA No 12, March 1, 2006.http://www.joradp.dz/FTP/jo-francais/2006/F2006012.pdf
2) Yefsah Abdelkader, L'armée et le pouvoir en Algérie de 1962 à 1992. In: Revue du monde musulman et de la Méditerranée, No. 65, 1992. p. 85. http://www.persee.fr/web/revues/home/prescript/article/remmm_0997-1327_1992_num_65_1_1556
3) Baki @7our Mansour, Algérie / Général Toufik: Le dirigeant invisible. 25/03/2013. https://7our.wordpress.com/2013/03/25/algerie-general-toufik-le-dirigeant-invisible/
4) Baki @7our Mansour, Algérie / L’heure de la succession approche.15/07/2013, https://7our.wordpress.com/2013/07/15/algerie-lheure-de-la-succession-approche/
5) Djilali Hadjadj, Non-application du dispositif législatif de prévention des malversations dans l’administration, Où en est la formation des fonctionnaires algériens aux risques de corruption ?, 25.06.2012, http://www.lesoirdalgerie.com/articles/2012/06/25/print-11-135918.php, http://www.djazairess.com/fr/lesoirdalgerie/135918
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is the number of civilian and military personnel accurately known and publicly available?
Researcher4311: The Ministry of Defence website did not publish this information at the time of research. Unofficial figures were available to the researcher from other secondary sources. It is clear from these that Algeria is the largest military power in the region in terms of strength, equipment and capabilities. For example, the French Research Intelligence Centre (1), gives the following numbers:
- Army (PNA): with 147,000 men, including 80,000 conscripts performing military service of 18 months (6 months of basic training and 12 months in projects civilians), but without military expertise. The PNA also has 150,000 reservists under 50.
- Air Force: 14 000 men and 15 air bases.
- Marines: 6000 men
- Paramilitary Forces: 1200 Republican Guards, 20,000 police, 16,000 members of the national security forces. The number of auxiliary forces (Brigades of self-defence and communal guards), created during the civil war, is estimated at about 150 000 civilians.
- Polisario Front: between 6,000 and 15,000 men.
These figures were also found in other sources (2), indicating that they are likely to be broadly accurate.
According to source 3, Algeria has an Active Front Line Personnel of 512,000 men and an Active Reserve Personnel of 400,000. The same source indicates the number of those reaching military age annually is 672,993.
1) Laurence Aïda Ammour, Bulletin de documentation n°7, évolution de la politique de défense algérienne, August 2013. http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php#_ftnref2
2) Saïd Haddad, Des armées maghrébines appelées à se renforcer, Observatoire des mutations politiques
dans le monde arabe, Institut des Relations Internationales et Stratégiques, February 2013. http://www.iris-france.org/docs/kfm_docs/docs/obs-monde-arabe/2013-02-obs-monde-arabe.pdf
3) Algeria Military Strength, GlobalFirepower.com. http://www.globalfirepower.com/country-military-strength-detail.asp?country_id=algeria
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Are pay rates and allowances for civilian and military personnel openly published?
Researcher4311: Very little primary information was found regarding the salaries or allowances for civilian and military personnel. The law on the adjustment of military pensions (source 1) was found during research but nothing else relevant on salaries or allowances, such as salary tables or standard allowance tables and criteria.
The researcher was able to find some information in the local media about the increase of salaries however. For instance, in July 2012, the press reported the salary increase of the communal guard that included an increase in the monthly food premium, that went from DZD 3,000 to 4,200 (EUR 30 to 42) and an increase between 20-30 percent of bonuses. In January 2012, an increase of 40 percent in wages was reported by the media for all military. The decision was applied retroactively for three years. More recently, in March 2013, there has been a revaluation of pensions for certain categories of civilian and military personnel.
1) Secrétariat général du gouvernement, Codes des pensions militaires, 2015. http://www.joradp.dz/TRV/FPensionM.pdf
2) “L’ANP est une armée républicaine” Sortie de trois promotions d’officiers à l’AMIA de Cherchell. APS, July 3rd, 2002. http://www.algeria-watch.org/farticle/sale_guerre/conf_presse_lamari.htm
3) Dalila Belkheir, Augmentation jusqu'à 70.000 DA des salaires de la police, Ennahar, September 26, 2010.
http://www.djazairess.com/fr/ennaharfr/5569
4) Ismain, La garde communale obtient une hausse des salaires, Réflexion, July 12, 2012. http://www.djazairess.com/fr/reflexion/18579
5) Ali Graichi, Malaise dans l’armée: soudaine augmentation de 40% des salaires sur fond de guerre des clans, Le Quotidien d'Algérie, January 6, 2012. http://lequotidienalgerie.org/2012/01/06/malaise-dans-larmee-soudaine-augmentation-de-40-des-salaires-sur-fond-de-guerre-des-clans/
6) Abbès Zineb, Revalorisation des pensions de certaines catégories de personnels militaires et civils assimilés, Algérie Plus, March 18, 2013. http://www.algerie1.com/actualite/revalorisation-des-pensions-de-certaines-categories-de-personnels-militaires-et-civils-assimiles/
Opinion: Agree with Comments
Comment: No information about pay rates in the Algerian military is regularly published on the Internet. The Reviewer assumes that they might be published with a certain level of details in Algeria, in the human resources department of the military.
Suggested score:
Opinion: Agree with Comments
Comment: There is little known on pay rates and allowances. I have been able to identify as much information as what is stated by the researcher.
Suggested score:
Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?
Researcher4311: There is no evidence that personnel do not receive the correct pay on time. There are no reports in the media of military personnel protesting for receiving their pay late. Source 2 indicates that the government authorised a 40% salary increase for military personnel in 2012, retroactive over three years, and a revaluation of military pensions. This was indicated to be in response to discontent over a similar previous increase granted to police and customs officers.
The system of payment is neither transparent nor published however. Basic pay appears to be non-discretionary. According to Interviewee 5, &quoute;wages vary according to the grades and positions. Wages are paid in monthly transfer as in all institutions and businesses through bank transfer to the accounts of the person. It is the Finance Department of the MoD that is responsible for the salaries&quoute;.
1) R. N, Retraités de l'ANP: révision périodique des pensions, March 18, 2013. http://www.algeriepatriotique.com/article/retraites-de-lanp-revision-periodique-des-pensions
2) Laurence Aïda Ammour, Bulletin de documentation n°7, évolution de la politique de défense algérienne, Réévaluation des soldes, Août 2013. http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php#_ftnref2
3) Interview with Interviewee 5, MOD consultant.
Opinion: Agree with Comments
Comment: No further evidence was found concerning the delay of payment of soldiers' pay in Algeria.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?
Researcher4311: It is likely, although not stated, that a system for appointments exists given Algeria's current levels of military professionalism. There is no indication of any formal processes, boards or oversight of the promotions process however. It is the assessor's professional assertion that Algerians tend to believe that nepotism, networking, regionalism and cronyism are the &quoute;real criteria&quoute; in the recruitment process, especially in senior positions. Some generals have been in senior positions for decades, which can be taken as a key indicator of the related lack of transparency. As stated by the researcher Tayeb Chenntouf, &quoute; [...] nepotism or servitude often is the dominant criterion in the selection or revocation of senior positions in the structures of the security state”.
According to the sources above, the PNA recruited in 2008: 100,000 new graduates, among them 40,000 for the Gendarmerie. In 2013, the PNA was planning to recruit young people from all over the country and from different background and social levels. The PNA's plans to recruit from &quoute;different background and social levels&quoute; is an official strategy. No evidence was available to indicate if this will apply to appointments at the middle and senior ranks.
1) Abdou Semmar, Cet été l'arméé algérienne va recruter à tour de bras, Algérie-Focus, May 23, 2013. http://www.algerie-focus.com/blog/2013/05/cet-ete-larmee-algerienne-va-recruter-a-tour-de-bras/
2) Algérie : Recrutement de 100 000 nouveaux diplômés dans le secteur de la sécurité, Magharebia, July 7, 2008. http://magharebia.com/fr/articles/awi/newsbriefs/general/2008/07/14/newsbrief-03
3) Tayeb Chenntouf, L'Algérie face à la mondialisation, Dakar, CODESRIA, 2008, p. 38. Available on PDF in: http://www.codesria.org/spip.php?article1346&lang=en
4) Emile Ouédraogo, Advancing Military Professionalism in Africa: A Research Paper from the Africa Center for Strategic Studies, July 2014, p. 29. http://africacenter.org/wp-content/uploads/2014/07/ARP-6-EN.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.
Researcher4311: There is no indication of any formal processes, boards or oversight of the promotions process.
From the assessor's professional experience, many Algerians believe that there is a high level of corruption, cronyism, regionalism and nepotism in the PNA. As stated by the researcher Tayeb Chenntouf, &quoute; [...] nepotism or servitude often is the dominant criterion in the selection or revocation of senior positions in the structures of the security state&quoute;. One has to point out that it is very hard to find evidence of corruption or inappropriate conduct in the promotions process however, even in media reports.
Anthony Cordesman says: &quoute;The [Algerian] army is heavily politicized, it is corrupt and nepotistic and this affects promotion at the higher level of command. [...] there is considerable corruption and favouritism in promotion and command assignments, and the army has serious organizational, training, logistic, and combat and service support problems. [...] high level positions are highly political and so is promotion; there is massive internal corruption among the top leadership&quoute;.
In a more recent research (2014), the researcher Emile Ouédraogo explains about African countries - among them Algeria - that &quoute;African militaries do produce highly competent and professional officers trained in the world’s best military schools. Unfortunately, these officers are unable to flourish in an environment where competence and professionalism are not rewarded with promotion or rank advancement.&quoute;
1) Yefsah Abdelkader, L'armée et le pouvoir en Algérie de 1962 à 1992. In: Revue du monde musulman et de la Méditerranée, No. 65, 1992. pp. 77-95
2) Fawzi Meziane, Les enfants gâtés du système, Jeune Afrique, May 25, 2010. http://www.jeuneafrique.com/Article/ARTJAJA2575p046-048.xml0/justice-sonatrach-ahmed-ouyahia-mohamed-meziane-algerie-les-enfants-gates-du-systeme.html
3) Emile Ouédraogo, Advancing Military Professionalism in Africa: A Research Paper from the Africa Center for Strategic Studies, July 2014, p. 29. http://africacenter.org/wp-content/uploads/2014/07/ARP-6-EN.pdf
4) Tayeb Chenntouf, L'Algérie face à la mondialisation, Dakar, CODESRIA, 2008, p. 38. Available on PDF in: http://www.codesria.org/spip.php?article1346&lang=en
5) Anthony H. Cordesman, A Tragedy of Arms: Military and Security Developments in the Maghreb, Greenwood Press, 2001, p.154.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?
Researcher4311: Conscription is compulsory in Algeria. All male Algerians who are of 19 years or older must serve. In May 2014, conscription length was reduced from 18 months 12 months. This new law considers the 12 months in the army as &quoute;professional activity&quoute;, meaning that these 12 months will count towards the future retirement of the young conscript.
Law 01-06 on the prevention and the fight against corruption includes a number of provisions prohibiting accepting bribes (not only for conscription) particularly in Articles 32, 33 and 38. However, from the assessor's professional experience, it is commonly known that individuals have avoided national service and obtained a &quoute;yellow card&quoute; thanks to &quoute;marifa&quoute; - an expression used in Algeria to say that a top ranked official has intervened for them, or that they have given a &quoute;tchippa&quoute; or &quoute;backchiche&quoute; (bribe).
One recent controversy emerged when a famous Algerian singer, Cheb Khaled, explained to a French newspaper that he used to sing in weddings of generals' children in order to avoid the compulsory conscription. Khaled indicated that his acquaintances enabled him to avoided being conscripted until his departure to France when he was 26 years old.
There is no evidence (reports or articles) of individuals being prosecuted for having paid bribes in order to avoid conscription, or that people who have done so have been punished according to the law mentioned above.
1) Le service national. http://www.mdn.dz/site_principal/index.php?L=fr#undefined
2) Abdou Semmar, Algérie: la durée du service national passe officiellement de 18 à 12 mois, May 22, 2014. http://www.algerie-focus.com/blog/2014/05/algerie-la-duree-du-service-national-passe-officiellement-de-18-a-12-mois/#sthash.5naNTxSt.dpuf
3) Loi 01-06 relative à la prévention et à la lutte contre la corruption, Février 2006. http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
4) Lina Amiri, Cheb Khaled : “je chantais souvent pour les fils de généraux pour ne pas faire l’armée”, November 11, 2013. http://www.algerie-focus.com/blog/2013/11/cheb-khaled-je-chantais-souvent-pour-les-fils-de-generaux-pour-ne-pas-faire-larmee/#sthash.aokulwKV.dpuf
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
With regard to compulsory or voluntary conscription, is there a policy of refusing bribes to gain preferred postings in the recruitment process? Are there appropriate procedures in place to deal with such bribery, and are they applied?
Researcher4311: Conscription is compulsory in Algeria. All male Algerians who are of 19 years or older must serve. In May 2014, conscription length was reduced from 18 months 12 months. This new law considers the 12 months in the army as &quoute;professional activity&quoute;, meaning that these 12 months will count towards the future retirement of the young conscript. Law 01-06 on the Prevention and the Fight Against Corruption prohibits accepting bribes, particularly in Articles 32, 33 and 38. Public servants are similarly not allowed to accept money or gifts.
There is no evidence (reports or articles) of individuals being prosecuted for having paid bribes in order to gain preferred postings during conscription, or that people who have done so have been punished according to the law mentioned above. As there is no transparency in defence institutions regarding recruitment, it is both possible and likely that bribery is practised in order to gain preferred postings however. From the assessor's professional experience, it is commonly known that individuals have avoided national service and obtained a &quoute;yellow card&quoute; thanks to &quoute;marifa&quoute; - an expression used in Algeria to say that a top ranked official has intervened for them, or that they have given a &quoute;tchippa&quoute; or &quoute;backchiche&quoute; (bribe).
1) Loi 01-06 relative à la prévention et à la lutte contre la corruption (Law for the fight against corruption), February 2006. http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
2) Lina Amiri, Cheb Khaled : “je chantais souvent pour les fils de généraux pour ne pas faire l’armée”, November 11, 2013. http://www.algerie-focus.com/blog/2013/11/cheb-khaled-je-chantais-souvent-pour-les-fils-de-generaux-pour-ne-pas-faire-larmee/#sthash.aokulwKV.dpuf
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there evidence of 'ghost soldiers', or non-existent soldiers on the payroll?
Researcher4311: Research found no evidence of ghost soldiers, including any media reports of ghost soldiers in the past five years. Interviewee 3 also indicated there are no ghost soldiers in the PNA. There has been historic evidence: the interviewee mentioned that during the civil war (1990-2000) there was the &quoute;patriots&quoute; and the &quoute;GLD : Groupes de légitime défense&quoute; that were receiving payments from the ministry without really having any control on their work or activities.
There is no evidence that personnel do not receive the correct pay on time, or reports in the media of military personnel protesting for receiving their pay late. Basic pay appears to be non-discretionary. The system of payment is, however, neither transparent nor published.
1) Minsitère de la défense website: http://www.mdn.dz/site_principal/index.php?L=fr
2) Interview with Interviewee 3, lawyer, via email 19 August, 2014
3) R. N, Retraités de l'ANP: révision périodique des pensions, March 18, 2013. http://www.algeriepatriotique.com/article/retraites-de-lanp-revision-periodique-des-pensions
4) Laurence Aïda Ammour, Bulletin de documentation n°7, évolution de la politique de défense algérienne, Réévaluation des soldes, Août 2013. http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php#_ftnref
Opinion: Agree with Comments
Comment: The GDL were civil defence groups set up by the military, who also demobilized after the end of the civil war recently received a specific pension (http://www.reporters.dz/retraites-la-proportionnelle-pour-les-gld-et-les-patriotes/34188).
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are chains of command separate from chains of payment?
Researcher4311: There is no evidence to confirm whether or not chains of command are separated from chains of payment. According to a security consultant to the Ministry of defence, &quoute;wages vary according to the grades and positions. Wages are paid in monthly transfer as in all institutions and businesses through bank transfer to the accounts of the person. It is the Finance Department of the MoD that is responsible for the salaries&quoute;.
1) Cherif Ouazani, Algérie: voyage au coeur de l'armée, Algérie(1998), February 02, 2012. http://www.jeuneafrique.com/Article/ARTJA-C317F8D212534/algerie-armee-abdelaziz-bouteflika-democratie-algerie-algerie-voyage-au-coeur-de-l-armee.html
2) Interview with Interviewee 5, MOD consultant.
Opinion: Agree with Comments
Comment: No evidence showed the exact relation between the chain of payment and the chain of command within the Algerian armed forces. There is no published policy. It is likely possible that the chains of command and payment are the same, or that the former has full authority over the latter. No evidence was found about the generalization of such a separation throughout the ministry and armed forces.
Suggested score:
Opinion: Agree with Comments
Comment: I haven't been able to identify additional sources. But it seems that the definition of score 0 aptly translates the reality.
Suggested score:
Is there a Code of Conduct for all military and civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities?
Researcher4311: There is no evidence of the existence of a code of conduct specifically for military and civilian personnel. The 2006 Anti-corruption Law includes articles that discuss bribery and misappropriation (Art 30), influence peddling (Art 32), conflict of interest (Art 34), illicit enrichment (Art 37) and gifts (Art 38). The law covers all public officials and civil servants in general without any specification for military or defence personnel.
By contrast, in 2008 the General Director of the National Security (Sureté Nationale) announced the creation of a code of conduct that police officers will be required to comply with and respect. This came into effect from 1 January 2008 and includes specific provisions on corruption: &quoute;Under penalty of law, it is prohibited for any police officer to solicit, demand or receive, directly or through an intermediary, in consideration of the provision made in the course of his duties, any gift, donation, gratuity or benefit of any kind &quoute;.
1) Loi 06-01 relative à la prévention et à la lutte contre la corruption, February 2006. http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
2) Amine L, Algérie: Les policiers ont un nouveau statut, El Annabi, January 22, 2011. http://www.el-annabi.com/nationale/1137-algerie-les-policiers-ont-un.html
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there evidence that breaches of the Code of Conduct are effectively addressed ,and are the results of prosecutions made publicly available?
Researcher4311: No evidence could be found of a code of conduct specific to either military or civilian defence personnel. There is no evidence that any existing legislation such as the 2006 Anti-corruption Law is effectively addressed.
A police code of conduct was mandated by authorities in 2008. The researcher could not find an electronic copy of this code but several sources have mentioned it including the official newspaper JORA. According to an article in Algerie-Focus, the DGSN put in place a code of conduct in which the focus is made on a better civil-police relationships. This includes answering to the requests of citizens, and performing a better service and welcome in police structures. The code also does not seem to be publicly available.
1) Loi 06-01 relative à la prévention et à la lutte contre la corruption, February 2006. http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
2) Ravah Ighil, Des pots-de-vin pour une place Alger-Tamanrasset ! El Watan, July 6, 2014. http://www.elwatan.com/regions/sud/tamanrasset/des-pots-de-vin-pour-une-place-alger-tamanrasset-06-07-2014-263635_258.php
3) Decret exécutif 10-322 of December 22, 2010. http://www.dgfp.gov.dz/texte/SURTF1078.pdf
4) Algérie Focus, Algérie : Une charte pour rapprocher la police du citoyen, October 27th, 2014. http://www.algerie-focus.com/blog/2014/10/charte-du-policier-la-police-veut-se-rapprocher-du-citoyen/#sthash.uJdrzt5u.dpuf; http://www.algerie-focus.com/blog/2014/10/charte-du-policier-la-police-veut-se-rapprocher-du-citoyen/
Opinion: Agree with Comments
Comment: Is there an electronic copy of the police's code of conduct? Thorough reading of this code might give an indication as to the government's general position on this regard.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does regular anti-corruption training take place for military and civilian personnel?
Researcher4311: There is reference to anti-corruption training in Law 06-01 on the Prevention and Fight Against Corruption, (Title II, Section 3, paragraph 4) that states there should be &quoute;the development of educational programs and adequate training to enable government officers to fulfill their duties in a fair, honorable and proper manner and have them receive specialized training to sensitize advantage of the risks of corruption&quoute;.
Evidence indicates this does not happen in reality. The President of the AACC has condemned the lack of risk assessment areas and the lack of adequate systematic training that may allow personnel to better understand corruption. He has also recommended that all public officials should receive adequate ethics training, not only upon recruitment but also in the context of continuing education, particularly for posts most at risk of corruption.
Training is not systematic however the researcher found information on several wider initiatives such as a workshop organized in June 2010 on corruption and the fight against money laundering and terrorist financing. This workshop was organized under the patronage of the Bank of Algeria and the US Embassy in Algiers. There was also training in Ghardaïa, in June 2010, of 25 judges from 36 departments. This training workshop was organized by the Ministry of Justice as part of the cooperation program with the European Union. There was also a workshop organized in collaboration with the United States in Algeria in October 2013. This workshop was aimed at magistrates and officers of the criminal police, and discussed legal standards and tools for the fight against corruption and international organized crime; or this seminar on the modernization of law and judicial practices and investigations in the fight against corruption organized in Algiers by the Central Office for the Repression of Corruption (OCRC) in partnership with the Embassy of France in Algiers.
RESPONSE TO PEER REVIEWER 2: Score changed from 1 to 0.
1) Loi No 06-01 relative à la prévention et à la lutte contre la corruption. p.5
http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
2) Djilali Hadjadj, corruptions : non-application du dispositif législatif de prévention des malversations dans l’administration : où en est la formation des fonctionnaires algériens aux risques de corruption ? Le soir d'Algérie, June 25, 2012. http://www.lesoirdalgerie.com/articles/2012/06/25/article.php?sid=135918&cid=11
3) Lutte contre le blanchiment d’argent: USA-Algérie, la main dans la main, Le courrier d'Algérie. 13.05.2014 http://lecourrier-dalgerie.com/lutte-contre-le-blanchiment-dargent-usa-algerie-la-main-dans-la-main/
4) Lutte anti-corruption: des magistrats en formation dans le cadre d’un programme de formation avec l’UE, TSA Algérie, June 6, 2010. http://archives.tsa-algerie.com/divers/lutte-anti-corruption-des-magistrats-en-formation-dans-le-cadre-d-un-programme-de-formation_11097.html
5) Le ministère de la Justice organise une formation sur la lutte contre la corruption et le crime organisé transfrontalier. 7.10.2013 http://www.elmoudjahid.com/fr/mobile/detail-article/id/47647
6) Neila.B, Des magistrats et des enquêteurs formés dans la lutte contre la corruption, Horizons, October 7, 2013. http://horizons-dz.com/?Des-magistrats-et-des-enqueteurs
7) Site du Minitère des Finances, Lutte contre la corruption : séminaire sur les pratiques judiciaires en Algérie et en France. http://www.mf.gov.dz/article/5/Activit%C3%A9s/446/Lutte-contre-la-corruption-:-s%C3%A9minaire-sur-les-pratiques-judiciaires-en-Alg%C3%A9rie-et-en-France.html
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Given the researcher's comments and sources, there has been one workshop happening during the examination period, all the other occurences happening long ago. Thus, these do not support a score of 1. Instead, a score 0 seems to more aptly reflect the current status.
Suggested score: 0
Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?
Researcher4311: There is no evidence of a policy to make public outcomes of prosecutions of defence service personnel for corrupt activities, nor is there evidence of any effective prosecutions in recent years. If there is any effective prosecutions of defence personnel they do not seem to be available to public.
Some public sector cases have been raised following major scandals, such as the Khalifa case, Algérie télécom case, Sonatrach 1,2,3,4, and the East-West Highway. Even in these cases, prosecutions have not been very effective however - as shown by the time (10 years) it took to Rafik Khalifa to be extradited from the UK, despite the 2006 extradition agreement between the two countries.
Further evidence of this wider lack of effectiveness surrounds the former minister of Energy, where issues with an international arrest warrant issued against him have prevented its implementation. The mandate was meant to be made by the President of the Supreme Court and not by the prosecution, because of the special status of the litigant under section 573 of the Code of Criminal Procedure. This has effectively rendered the mandate useless in practice. The government has continued to refuse to comment on this issue.
1) Rafik Khalifa est de retour en Algérie, après son extradition par le Royaume-Uni, Jeune Afrique, December 26, 2013. http://www.jeuneafrique.com/Article/ARTJAWEB20131226080808/
2) JORA No. 81, Convention et accords internationaux, December 13, 2006. http://www.mjustice.dz/html/conventions_judic_fr/conv_alg_roy_un_gb_irl-n.pdf
3) Vers l'impunité ? L'Algérie retire le mandat d'arrêt international contre Chakib Khelil, Le Matin, November 25, 2013. http://www.lematindz.net/news/12967-lalgerie-retire-le-mandat-darret-international-contre-chakib-khelil.html
4) Abdou Semmar, Mandat d’arrêt international lancé contre Chakib Khelil : un “non-événement” ? August 13, 2013. http://www.algerie-focus.com/blog/2013/08/mandat-darret-international-lance-contre-chakib-khelil-un-non-evenement/
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?
Researcher4311: Research found clear evidence that Law 06-01 is proving insufficient to fight corruption in practice. Facilitation payments appear to be common in all government levels, such as shown in an August 2014 case where police agents in the Houari Boumediene airport were identified to be asking travelers for facilitation payments (around DZD 3000 - 5000) [EUR 30-50] in order to board flights that were known to be overbooked. There is limited evidence of prosecution: a 2013 investigation by the DGSN (Direction Générale de la Sûreté Nationale / National Police) under the command of the Major General Abdelghani Hamel implicated officials and police officers who had unusually acquired cars, homes and land, in making and receiving facilitation payments (Sources 4 and 5).
1) Loi 06-01 relative à la prévention et à la lutte contre la corruption, February 2006. http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
2) Des pots-de-vin pour une place Alger-Tamanrasset ! El Watan, August 21, 2014. http://www.elwatan.com/regions/sud/tamanrasset/des-pots-de-vin-pour-une-place-alger-tamanrasset-06-07-2014-263635_258.php
3) La corruption à visage découvert en Algérie, March 21, 2014. http://norayata.over-blog.com/article-la-face-corrompue-du-corps-policier-en-algerie-123038624.html
4) Algérie 360°. Corruption et fortunes suspectes, Les enquêtes se généralisent. Juin 2013. http://www.algerie360.com/algerie/nation/corruption-et-fortunes-suspectesles-enquetes-se-generalisent/
5) Elyas Nour, Algérie : des policiers sommés de s’expliquer sur l’origine de leur richesse, Slate Afrique. June 3rd, 2013. http://www.slateafrique.com/254563/algerie-des-policiers-sommes-de-s%E2%80%99expliquer-sur-l%E2%80%99origine-de-leur-richesse
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Do the armed forces have military doctrine addressing corruption as a strategic issue on operations?
Researcher4311: There is no evidence of the military having a doctrine addressing corruption as a strategic issue on operations. This is likely to be at least in part symptomatic of Algeria's strictly defensive constitutional principle of non-interference in other states’ internal affairs (Article 26). This has been widely interpreted as preventing its forces from undertaking operations abroad but there is academic critique that this is not proving suitable in practice. Whilst several senior Algerian government officials, including the Prime Minister, Foreign Minister and Chief of Staff, have also clearly stated that the Algerian army will not undertake any operation outside Algerian territory, expert analysis shows that this has nonetheless occurred in Libya, for example.
1) Algerian Constitution, 2008 https://www.constituteproject.org/constitution/Algeria_2008.pdf
2) Nesroullah Yous, Qui sont ces seigneurs qui gouvernent l’Algérie ? Médiapart, April 7, 2014. http://blogs.mediapart.fr/blog/nesroulah-yous/070414/qui-sont-ces-seigneurs-qui-gouvernent-l-algerie-0
3) Marie Verdier, Entretien avec Mohamed Hachemaoui, October 1, 2013. http://www.la-croix.com/Actualite/Monde/Mohammed-Hachemaoui-Le-service-de-renseignement-detient-tous-les-leviers-du-pouvoir-en-Algerie-2013-10-01-1030051
4) Jeremy Keenan, Truth and Algerian involvement in Libya, Middle East Eye, July 7, 2014. http://www.middleeasteye.net/columns/truth-and-algerian-involvement-libya-1979161660
5) Bouhania Goui, Is the Algerian Military mightier than the law?, Arab Reform Initiative, July 2015.
http://www.arab-reform.net/sites/default/files/Is%20the%20Algerian%20Military%20mightier%20than%20the%20law%3F.pdf
Opinion: Agree with Comments
Comment: No further evidence of the existence of such a doctrine was found.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there training in corruption issues for commanders at all levels in order to ensure that these commanders are clear on the corruption issues they may face during deployment? If so, is there evidence that they apply this knowledge in the field?
Researcher4311: Algeria has no known training in corruption issues for commanders.
There is evidence from several cases that indicates officers have actively engaged in corrupt activities with little or no retribution. For example, Pierre Demers, a Canadian engineer, was arrested in 2009 after denouncing corruption and facilitation payments in the military. Two members of the Algerian military who were involved in the case were not convicted despite evidence of them offering confessions (sources 2 and 3).
1) Le Mouvement Algérien des Officiers Libres, Affaires Des Généraux (not dated). http://www.anp.org/fr/affairesdesgeneraux.html
2) La corruption n’épargne pas l’ANP, Un regard averti sur l'Algérie et le monde, April 8, 2014.
3) Anne Panasuk, Le calvaire d'un ingénieur québécois emprisonné en Algérie, Survey, April 3, 2014. http://ici.radio-canada.ca/nouvelles/societe/2014/04/03/001-enquete-pierre-demers-ingenieur-algerie-prison.shtml; https://www.youtube.com/watch?v=YPAQ0KcNSPo
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are trained professionals regularly deployed to monitor corruption risk in the field (whether deployed on operations or peacekeeping missions)?
Researcher4311: There is no evidence on the Ministry of Defence website or elsewhere indicating that any trained professionals have been deployed to monitor corruption risk in the field. Recently, the National Body for prevention and fight against corruption (ONPLC) announced a plan for the implementation of a training for 10,000 agents of the civil service corps. Nothing has been mentioned on the military however.
1) defence ministry website. http://www.mdn.dz/site_principal/index.php?L=fr#undefined
2) Mourad Arbani, 10.000 fonctionnaires bénéficieront d’une formation dans la lutte contre la corruption? May 19, 2015. http://www.algerie1.com/actualite/10-000-fonctionnaires-beneficieront-dune-formation-dans-la-lutte-contre-la-corruption/
Opinion: Agree with Comments
Comment: Press review of local and international media showed no evidence of the deployment of trained professional to monitor corruption risk in the field.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are there guidelines, and staff training, on addressing corruption risks in contracting whilst on deployed operations or peacekeeping missions?
Researcher4311: No evidence was found on the Ministry of Defence website or anywhere else showing the existence of guidelines or staff training on addressing corruption risks in contracting whilst on deployed operations.
1) defence ministry website. http://www.mdn.dz/site_principal/index.php?L=fr#undefined
Opinion: Agree with Comments
Comment: Press review of local and international media showed no evidence of the existence of guidelines, and staff training, on addressing corruption risks in contracting whilst on deployed operations
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Private Military Contractors (PMCs) usually refer to companies that provide operational staff to military environments. They may also be known as security contractors or private security contractors, and refer to themselves as private military corporations, private military firms, private security providers, or military service providers.
Researcher4311: The Algerian government does not appear to employ private military companies. Nonetheless, a number of private military contractors and corporations do operate in Algeria; the most well known include Secur Group Vigilance and SAG Es Salem. Research indicates these PMCs have been present in Algeria since the early 1990s and predominantly provide security to oil companies. In May 2008 the former Minister of the Interior stated there were 52 MPCs operating; it was not possible to confirm if these figures still apply however. The Minister also explained that &quoute;[t]here are 52 security companies that have a para-police mission in Algeria and are under constant surveillance by the services of the national police, the Gendarmerie and the DRS&quoute;.
According to the sources above, before a contract is signed with a company, it must be audited by a foreign firm that provides auditing and consulting in security. They assess the potential risk and determine safety regulations in the area of health and safety (HSE). There is a high level of scrutiny, particularly for armoury management, traceability, possession and the importation and movement of firearms. This is strictly codified. For example, weapons accompanying safety equipment are sent separately with an interval of twenty four hours [Decree of August 8, 1999: Article 27-bis].
The limited evidence available indicates a corruption risk in this area. For example, there has been outsourcing of contracts to foreign security companies, as indicated by the Minister of the Interior in 2009. Research found that due to the high level of corruption and depending on networking and relationships in the administration, this process can be accelerated and the habilitation inquiry overlooked. Media coverage also shows that after the attack on the oil site of Tinguentourine on January 16 2013, many questions about the protection system was raised and the PMCs were targeted and criticized because of their lack of reactivity and their security management.
1) Décret législatif n° 93-16 du 4 décembre 1993 fixant les conditions d’exercice d’activités de gardiennage et de transport de fonds et produits sensibles. (JORA No. 80 du 05/12/1993). http://www.interieur.gov.dz/Dynamics/frmItem.aspx?html=212&s=1
2) Les secrets bien gardés des sociétés de gardiennage : Le marché de la sécurité ou le business de la peur, Le Quotidien d'Algérie, July 29, 2010. http://lequotidienalgerie.org/2010/07/29/les-secrets-bien-gardes-des-societes-de-gardiennage-le-marche-de-la-securite-ou-le-business-de-la-peur/
3) Salima Tlemçani, Un dispositif de sécurité à revoir ( ESSD/SMP - Algérie), January 30, 2013. http://www.83-629.fr/article-un-dispositif-de-securite-a-revoir-essd-smp-algerie-114726796.html
4) Donald Hebert, Comment les entreprises assurent leur sécurité dans le désert en Algérie, Le Nouvel Observateur, January 17, 2013. http://tempsreel.nouvelobs.com/monde/20130117.OBS5814/comment-les-entreprises-assurent-leur-securite-dans-le-desert-en-algerie.html
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does the country have legislation covering defence and security procurement and are there any items exempt from these laws?
Researcher4311: Executive Decree No. 95-396 of November 30, 1995 references procedures for arms import and the safety of the state (Source 1). The legislation is likely to be bypassed however - research indicates there are no effective control mechanisms for defence procurement. Article 119 of the Law of Public Procurement [Presidential Decree 12-23) also states that confidential procurement are exempt from requirements such as mentioning in the BOMOP the company names, the groups of beneficiaries, the time-line of the project, etc. There is no evidence that these items are subject to any other form of independent scrutiny.
Since the adoption of the 1996 Constitution, no law on fiscal regulations has been passed by parliament, in violation of the Constitution. Interviewee 1 indicated that the documents submitted by the Executive to parliament do not allow members of parliament to decide on the reality of budget execution or implementation rates. Some figures also show evidence of the existence of sixty special funds, mostly fuelled by money from the Treasury, which appear to never have been controlled by the Parliament (source 1).
1) FIDH: Fédération Internationale des ligues des droits de l'homme, Algérie, La « mal-vie »: rapport sur la situation des droits économiques, sociaux et culturels en Algérie, May 2010. p. 8. http://www.fidh.org/IMG/pdf/AlgerieDESCfr.pdf
2) Algérie. Réglementation des marchés publics, Décret présidentiel n°10-236 du 7 octobre 2010 modifié
http://www.droit-afrique.com/images/textes/Algerie/Algerie%20-%20Code%20marches%20publics%202012.pdf
3) BOMOP: Bulletin Officiel des Marchés de l'Opérateur Public. Official Bulletin for Public Market Operations. official website. http://www.anep.com.dz/bomop/id.php
4) Interview with Interviewee 1, human rights lawyer, August 2014.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: The legislation on transparency in procurement is Presidential decree number 250/02 of 24 July 2002 modified and completed by Presidential decree number 301/03 and Presidential decree number 338/08.
Suggested score:
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
Researcher4311: The defence procurement cycle does not appear to be disclosed and it is unclear if it has been formalised. The relevant public procurement laws only allow for its disclosure in a very abbreviated/general way.
Article 49 of the Law of Public Procurement [Presidential Decree No. 10-236 of October 7, 2010 modified] states that any public calls for tender is written in Arabic and in at least one other language. It should be published in the BOMOP (Bulletin Officiel des Marchés de l'Opérateur Public. Official Bulletin for Public Market Operations) and in at least two national newspapers. The procurement notice is also published in the press that ensures its publication and specifies the price, the timetable and all the elements that are required for the selection of the contractor. There is nothing to prove that this applies to defence contracts however. The researcher could not find any example outside these legal texts in which this legislation has actually been applied.
There are other limited references to procurement in the law. Article 69- (Decree No. 11-222, Decree No. 12-23) makes reference to a public notice. Article 114 states that the contractor service have to publish a notice in case of a cancellation. Finally, Article 119 (Decree 12-23) states that information – such as the list of all former contracts, the names’ company or the groups of beneficiaries, the time-line of the project etc.. – shall be published in the BOMOP and/or in the Contractor's website. Confidential procurement are exempt from these requirements however.
1) Algérie. Réglementation des marchés publics, Décret présidentiel n°10-236 du 7 octobre 2010 modifié
http://www.droit-afrique.com/images/textes/Algerie/Algerie%20-%20Code%20marches%20publics%202012.pdf
2) BOMOP: Bulletin Officiel des Marchés de l'Opérateur Public. Official Bulletin for Public Market Operations. official website. http://www.anep.com.dz/bomop/id.php
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: I would appreciate if the researcher provided examples that the legislation is actually applied. Solely legal texts are not enough to rate this with 1.
Suggested score: 0
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
Researcher4311: There is no evidence of procurement oversight mechanisms in Algeria. Research found a total lack of transparency and evidence indicating high levels of corruption in this area, and that many breaches are likely to have occurred with the collusion of government ministers. As explained by Djilali Hadjadj, President of the AACC: &quoute; [...] the legal arsenal, established for fourteen years now is inconsistent, unenforced and did not meet international standards. Organizations fighting against corruption are just posturing, the lack of political will is obvious. Consider that the actions and decisions that promote concussion in awarding public contracts, such as over-the-counter agreements are discussed during the council of Ministers&quoute;.
There are no control mechanisms in place for defence procurement. Since the adoption of the 1996 Constitution, no law on fiscal regulations has been passed by parliament, in violation of the Constitution. Indeed, evidence from civil society indicates that the documents submitted by the Executive to parliament do not allow members of parliament to decide on the reality of budget execution or implementation rates (source 3).
1) Benalia Salim, Transgressions du code des marchés publics, En nahda dénonce la connivence de certains ministères, L'Expression, July 30, 2008. http://www.lexpressiondz.com/actualite/56881-en-nahda-denonce-la-connivence-de-certains-ministeres.html
2) Farid Alilat, interview with Djilali Hadjadj, Jeune Afrique, July 18, 2013. http://www.jeuneafrique.com/Article/JA2740p014.xml0/algerie-corruption-droits-de-l-homme-transparency-international-corruption-djilali-hadjadj-en-algerie-les-organismes-anticorruption-sont-des-gadgets.html
3) FIDH: Fédération Internationale des ligues des droits de l'homme, Algérie, La « mal-vie »: rapport sur la situation des droits économiques, sociaux et culturels en Algérie, May 2010. p. 8. http://www.fidh.org/IMG/pdf/AlgerieDESCfr.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are actual and potential defence purchases made public?
Researcher4311: Publishing defence purchases is not common in Algeria and research found the Ministry of Defence has not published or circulated this type of information. As mentioned in previous questions, this information typically falls under the &quoute;secret défense&quoute; umbrella, which has created significant lack of transparency.
Many defence purchases have not been made public, although one can find information in an aggregated form from different national and international sources. The national press have reported actual and potential purchases from time to time. Information from journalists and in the media mostly make no disclosure of their sources, making it difficult to cross-check.
1) Laurence Aïda Ammour, Bulletin de Documentation N° 7, évolution de la politique de défense algérienne, August 2013. http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php#_ftnref23
2) Tout sur la défense au Maghreb, 36 Strike Yak 130 prochainement en Algérie, April 2013. http://secret-difa3.blogspot.fr/2013/04/36-strike-yak-130-prochainement-en.html
3) Algeria Air Force Equipment. page last modified on June 5, 2013. http://www.globalsecurity.org/military/world/algeria/air-force-equipment.htm
4) Laurent Touchard, Armée Algérienne: à quoi va servir la hausse du budget de la défense? November 15, 2013. http://www.jeuneafrique.com/Article/ARTJAWEB20131115162408/
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
What procedures and standards are companies required to have - such as compliance programmes and business conduct programmes - in order to be able to bid for work for the Ministry of Defence or armed forces?
Researcher4311: The law makes some reference to the need for companies to avoid corruption, notably in Section 6, Articles 60, 61, 61bis and 61ter. These articles mention the requirement to have a code of ethics, the duty to withdraw from a public servant if he happens to have a conflict of interest, the duty to abide by the code of ethics from the preparation, negotiation to the conclusion and execution phase of the project/contract.
Commentators have separately noted that public officials must follow a code of ethics and conduct in monitoring the procurement and execution of a public contract. Presidential Decree No. 11-98 of March 1, 2011 (amending and supplementing the Presidential Decree No. 10-36 regulating public procurement) was designed to relax the steps for foreign bidders in the competitive process for international bids. This decree maintains that public officials must follow a code of ethics and conduct in monitoring the procurement and execution of a public contract. The decree was introduced to relax the historically very strict procurement code, which prevented non-nationals from investing in Algeria, including by requiring them to find an Algerian resident partner in Algeria in order to invest.
1) Guemache H., &quoute;Yakout Akroune, juriste, &quoute;Le code des marchés publics est incompréhensible&quoute;, TSA Algérie, March 15, 2012. http://archives.tsa-algerie.com/economie-et-business/le-code-des-marches-publics-est-incomprehensible_19900.html
2) GlobalTradeAlert, October 21, 2011. http://www.globaltradealert.org/measure/algeria-changes-public-procurement
3) Algérie, Réglementation des marchés publics. Décret présidentiel n°10-236 du 7 octobre 2010 modifié, p.27. http://www.droit-afrique.com/images/textes/Algerie/Algerie%20-%20Code%20marches%20publics%202012.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are procurement requirements derived from an open, well-audited national defence and security strategy?
Researcher4311: There is no information about the national defence and security strategy and information related to this has not been openly published. An examination of known military procurement and expenditure does provide some indication on the likely national security strategy (explained below), however there is no proof that this procurement has been formally derived from this strategy.
The available evidence indicates that Algeria has been increasing its military expenditure in order to protect its borders that it is building up against jihadists of Al Qaeda and IS (Islamic State organization) and that it has been sending more troops to monitor its frontiers with Libya, Mali and Niger. The country has also now closed all the borders (except the one with Tunisia) that are now military zones accessible only with a special security clearance. A 2014 SIPRI report shows that &quoute;Algeria became the first country in Africa with military spending over $10 billion, an increase of 8.8 per cent since 2012, and of 176 per cent since 2004. [...] High oil revenues appear to be a factor driving ... military spending increases&quoute;.
Analysis shows military expenditure is likely to increase for several reasons: 1) the Arab spring and the rise of militancy that is unsettling for the Algerian authorities, especially after the &quoute;black decade&quoute; and its 150,000 victims of radical Islamism; 2) the increase of conflicts in neighbouring states that are becoming terrorist hubs and also a haven for arms and drug smuggling (including Tunisia, Sinai, and especially the south border with Libya); 3) the increasing role of Algeria in regional security and its demonstrated desire to place itself as &quoute;North Africa's gendarme&quoute;.
One has to mention that despite continuing jihadist expansion regionally, Algeria has demonstrated a policy of protectionism rather than interventionism. Algeria has publicly opposed foreign intervention in Libya and is pushing the “conflicting parties” to reach a security agreement. The country also refused to participate in military intervention in Mali. Developments on the ground may lead to a change in the foreign policy of Algeria however, especially if there is another threat made against Algeria’s oil industry like the events in Aïn Amenas.
1) Military spending continues to fall in the West but rises everywhere else, SIPRI. April 14, 2014: http://www.sipri.org/media/pressreleases/2014/Milex_April_2014
2) Map: The countries that doubled military spendings between 2004 and 2013. http://www.sipri.org/research/armaments/milex/milex-graphs-for-data-launch-2014/the-countries-that-doubled-military-spending-between-2004-and-2013.png
3) Algeria - Corruption, GlobalSecurity.org. 05/08/2011. http://www.globalsecurity.org/military/world/algeria/corruption.htm
4) El Kadi Ihsane, Contrats d'armement, domaine gris du business, El Watan, February 27, 2006. http://www.djazairess.com/fr/elwatan/37245
Opinion: Agree with Comments
Comment: No evidence shows that there is an openly published national defence and security strategy and that procurement requirements formally derived from this strategy.
In practice, it is very likely that purchases depend greatly on short-term political interests (the armed forces' budget increased a lot after the beginning of the Arab spring, as an way to address militarily potential popular revolt) and the generals' and the President's personal financial interests. There is no audit verification.
Suggested score:
Opinion: Agree with Comments
Comment: There seem to exist some definition (http://www.dztenders.com/fr/node/32439). It is vaguely worded though and does not mention any correspondence or reference to defence and security strategy.
Suggested score:
Are defence purchases based on clearly identified and quantified requirements?
Researcher4311: Presidential Decree n°10-236 of October 7, 2010 modified (Title 2, Article 1) related to the regulations of Public Procurement establishes a formal procedure for defining purchase requirements. This decree states for instance that &quoute;Needs must be accurately prepared, in type and quantity by reference to detailed technical specifications and established on the basis of a standard or a performance to be achieved&quoute; (Title 2, Section 1, article 11). There is no clear reference made to defence purchases however.
In practice, there is no evidence that defence purchases have been based on a clear identified and quantified requirements. The limited available evidence indicates that there is likely to be a high risk that these have often been opportunistic.
1) Algérie, Réglementation des marchés publics, Décret présidentiel n°10-236 du 7 octobre 2010 modifié, p. 6 http://www.droit-afrique.com/images/textes/Algerie/Algerie%20-%20Code%20marches%20publics%202012.pdf
2) Laurent Touchard, Armée algérienne : à quoi va servir la hausse du budget de la défense ? Jeune Afrique, November 15, 2013. http://www.jeuneafrique.com/Article/ARTJAWEB20131115162408/
Opinion: Agree with Comments
Comment: Although local and international press offer subsequent coverage of Algerian military purchases in the past two decades no evidence of a proper and formal purchase requirements definition procedure has been found, not even on the Ministry of Defence or on the Presidency's website.
The aforementioned press coverage seems to indicate however that the Ministry of Defence and Armed Forces base their purchases of clearly defined requirements, but the quality of the work to define and quantify the need to significant purchases priori to the beginning of the procedure is not clear.
Suggested score:
Opinion: Agree with Comments
Comment: In theory, there is such a definition: Art. 11 here http://www.dztenders.com/fr/node/32439. It is vaguely worded though and does not mention any correspondence or reference to defence and security strategy. Given the little to no details, I wonder whether a score 0 wouldn't be better here.
Suggested score:
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
Researcher4311: Defence procurement is in principle conducted as open competition (Title 3, Section 1, Articles 26 and 28).
In practice a majority of defence contracts appear to be conducted via single-sourcing however. According to Habib Yousfi, President of the General Confederation of Algerian entrepreneurs (CGEA), the specifications in tenders for public procurement is still &quoute;prepared according to the relational system [...]&quoute; According to him, the command service is not available democratically to all traders because it is the personal relationships that decide on suppliers, which gives them some influence.
Competition may also be influenced at a geopolitical level. Evidence shows that, having being Algeria's primary military supplier for many years, France has lost its influence in the country. Its criticism of the crisis management of the Algerian authorities during the 1990s has led to its lost of influence (Source 4). Russia is now the leading defence partner of Algeria, who represent 8% of its total arm sales (SIPRI. Source 5). According to a 2013 report (source 6) &quoute;Russia supplied 93 per cent of Algerian arms imports, including 44 Su-30MKA combat aircraft,2 Project-636 submarines, an estimated 3 S-300PMU-2 (SA-20B) long-range szrface-to-airmissile (SAM) systems and 185 T-90S tanks, and training aircraft Yak-130 missile batteries aswell as Russian-made S-300 PMU2 air defence missile system&quoute;.
It is nonetheless important to note that Algeria has been diversifying its sources by opening its market to suppliers other than Russia such as the US, Germany and Italy through direct government -to-government deals or through joint ventures and partnerships (sources 6-7).
The Algerian procurement code appears to contribute to this situation. Foreign firms which apply for a public contract must do so in a joint venture with an Algerian company [Art 24, Décret n°11-98]. On 11 July 2010, the Algerian government announced an increase in the preference margin it gives to domestic firms in public procurement contracts. Where Algerian firms were enjoying a preference margin of 15 percent, they will now enjoy a preference of 25 percent.
At the time of research, the law for public procurement had been changed three times in less than 15 months. The procurement code has historically been very strict and prevented non-nationals from investing in Algeria. Indeed, foreigners had to find an Algerian resident partner in Algeria in order to invest. This had perverse effects on the economy that was suffering from a real gloom. It is for this reason that the government retracted by implementing the Presidential Decree No. 11-98 of March 1, 2011 amending and supplementing the Presidential Decree No. 10-36 regulating public procurement, which relaxes the steps at foreign bidders in the competitive process for international bids. In this Decree, Section 6, Article 60, it says that public officials must follow a code of ethics and conduct in monitoring the procurement and execution of a public contract.
1) Algérie, Réglementation des marchés publics. Décret présidentiel n°10-236 du 7 octobre 2010 modifié. http://www.droit-afrique.com/images/textes/Algerie/Algerie%20-%20Code%20marches%20publics%202012.pdf
2) Algérie - Pour Habib Yousfi, le népotisme est toujours de rigueur dans l’octroi des marchés publics, March 8, 2012. http://archives.maghrebemergent.info/economie/63-algerie/9742-algerie-pour-habib-yousfi-le-nepotisme-dans-loctroi-des-marches-publics-est-toujours-de-rigueur.html
3) Nora Boudedja, Passation des marchés publics, La corruption et le népotisme faussent le jeu, El Watan, May 12, 2009. http://www.algeria-watch.de/fr/article/eco/corruption/nepotisme.htm
4) Cabirol Michel, Algérie : la France hors-jeu des grands contrats d'armements, April 18, 2013. http://www.latribune.fr/entreprises-finance/industrie/aeronautique-defence/20130418trib000760217/algerie-la-france-hors-jeu-des-grands-contrats-d-armements.html
5) Pieter D. Wezeman and Siemon t. Wezeman. Trends in International Arms Transfers. March 2015.
http://books.sipri.org/files/FS/SIPRIFS1503.pdf
6) Laurence Aïda Ammour, The Evolution of the Algerian defence Policy. August 21, 2015. http://www.academia.edu/4457712/THE_ALGERIAN_defence_POLICY
7) Future of the Algerian defence Industry - Market Attractiveness, Competitive Landscape and Forecasts to 2017, April 2013.
http://www.prnewswire.com/news-releases/future-of-the-algerian-defence-industry---market-attractiveness-competitive-landscape-and-forecasts-to-2017-202157261.html
Opinion: Agree with Comments
Comment: Defence procurement is not conducted as open competition in legislation. Art. 129 of the Presidential decree regulating public procurement excludes defence procurement:
Art.129.- Le contrôle externe a priori des marchés conclus par le ministère de la défense nationale
relève exclusivement de commission (s) placée (s) auprès du ministère de la défense
nationale qui fixe sa (leur) composition et ses (leurs) attributions.
Which can be translated as: the external a priori control of agreements stricken with the Ministry of Nationale Defence is only made by commissions referring to the Ministry of Defence.
As for single sourcing, although the extent of the military agreement between Algeria and Russia or South Africa is well documented, it is not clear to which extent single sourcing took place in these circumstances.
Suggested score:
Opinion: Agree with Comments
Comment: A quick search at SIPRI's Arms Trade registry shows that the top arms provider Algeria for 2010-2014 is Russia. It outperforms Italy and China which are the top 2 and top 3, respectively (http://armstrade.sipri.org/armstrade/page/values.php). I would thus support the single-sourcing. And I wonder whether a score 0 wouldn't be better here to reflect the actual status.
Suggested score:
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
Researcher4311: There is no transparency of tender board procedure and practice.
It is not clear whether provisions for audits are in case but it is unlikely that they are undertaken on tender boards. Several corruption cases in the last few years in Algeria tend to show that things are different in practice and relationships, networking and nepotism are prevalent (source 1). The most significant corruption cases in the media that relate to the security sector were ABM Algeria Business Multimedia. The head of the General Directorate of National Security was convicted of &quoute;a doubtful deal&quoute; and &quoute;public procurement procedures in violation with the Algerian legislation&quoute; in the purchase of computer equipment from the ABM private firm. He was accused of having used his influence on the technical committee of evaluation in which he was a board member and chose ABM in which his son-in-law is a shareholder and the Deputy Director General (Source 4, 5,6). Other high-profile cases such the Sonatrach case, where the sons of the CEO were accused of &quoute;Complicity in contracting in violation of the regulations&quoute;, demonstrate that this issue extents more widely beyond defence tendering (source 7).
The Presidential Decree No. 11-98 of March 1, 2011 amending and supplementing the Presidential Decree No. 10-36 regulating public procurement, Section 6, Article 60, states that public officials must follow a code of ethics and conduct in monitoring the procurement and execution of a public contract.
In the &quoute;Public procurement rules&quoute;. Section 6, Fight against corruption, Art.60 it is stated that: &quoute;A code of ethics and professional conduct in procurement matters--which prescribes the fees and obligations of public officials during the inspection, the award, and execution of a public contract or amendment--will be approved by decree&quoute;. It is not clear whether this applies to or is imposed on defence procurement. However, it seems that this code of conduct was expected to be ready by 2010, but as mentioned by an article dated from 2013, the code is still pending (source 2).
1) Nora Boudedja, Passation des marchés publics. La corruption et le népotisme faussent le jeu, El Watan, May 12, 2009. http://www.algeria-watch.de/fr/article/eco/corruption/nepotisme.htm
2) Elyes Nour, Algérie : Un code d’éthique des marchés publics pour lutter contre la corruption. July 3, 2013. http://www.algerie-focus.com/blog/2013/07/algerie-un-code-dethique-des-marches-publics-pour-lutter-contre-la-corruption/#sthash.G7PKmyFb.dpuf
3) Affaire ABM-DGSN, Le procès en appel aujourd’hui, December 22, 2011, p. 5.
http://www.lesoirdalgerie.com/pdf/2011/12/22122011.pdf
4) ElWatan, Corruption: Oultache Chouaib condamné à sept ans de prison ferme, November 7, 2011. http://www.algeria-watch.org/fr/article/eco/corruption/oultache_condamne.htm
5) Infosoir, Oultache condamné pour corruption, November 9, 2011. http://www.presse-dz.com/revue-de-presse/oultache-condamne-pour-corruption
6) Elyas Nour, Affaire DGSN – ABM/ Trois ans de prison ferme pour Oultach. June 8th 2015. http://www.algerie-focus.com/blog/2015/06/affaire-dgsn-abm-trois-ans-de-prison-ferme-pour-oultache/
7) Farid Alilat, Algérie : procès Sonatrach, 19 prévenus et 1 grand absent, March 19, 2015. http://www.jeuneafrique.com/226646/politique/alg-rie-proc-s-sonatrach-19-pr-venus-et-1-grand-absent/
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
Researcher4311: In Law 06-01, there are clauses that specifically address collusion: Art. 49 states, “an accomplice or an author of an infraction provided by the Law 06-01 may benefit of an 'absolutory excuse' under the conditions provided by the Criminal Code, if before any judicial pursuit he/she reveals to the administrative authorities an infraction and helps identify the concerned individuals.” And, “except the above-mentioned case, the maximum penalty for any author or accomplice of an infraction provided by this Law, and who has, after the initiation of judicial pursuits, facilitated the arrests of one or more persons involved, will be reduced by half.“
Art. 52 of Law 06-01 state, “The provisions related to collusion provided for in the Penal Code are applicable to offences provided by this Law. […]”. In the Criminal Code, there is several articles related to collusion: Art. 42, 43, 44, 51bis., 91, 92, 122, 182, 236, 261, 384, 389.
Law 06-01, Title 2, Article 9 states that the procedures for public procurement must be based on transparency, fair and loyal competition, and objective criteria. In addition, there is the article 33 that states that any public servant who intentionally abuse his power in order to obtain personal advantages, will be punished of 2 to 10 years of prison and a fine up to 1,000,000. It should be said that these articles do not mention anything about the defence sector.
Enforcement of measures to punish colluding companies is likely to be only weakly enforced as proved by the case of the steel complex Arcelor Mittal-Algérie. In December 2014 allegations were raised that the Deputy Minister of defence (also Army Chief of Staff) was implicated in a corruption case involving defective aircraft delivered by Russia. There is no evidence to indicate this has been appropriately investigated however.
RESPONSE TO PEER REVIEWER 2: Comments updated.
1) Loi 06-01 relative à la prévention et à la lutte contre la corruption, 2006. http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
2) Mohamed Rahmani, Algérie: Passation de marchés du complexe sidérurgique ArcelorMittal-Algérie - Favoritisme et concurrence déloyale, January 25, 2014, AllAfrica. http://fr.allafrica.com/stories/201401250737.html
3) Loi n° 06-01 relative à la prévention et à la lutte contre la corruption. 1st edition, 2006. http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
4) Code Pénal, 4th edition, 2004. http://www.droit.mjustice.dz/legisl_fr_de_06_au_juil_08/code_penal_avec_mod_06.pdf
5) bed Charef, Une affaire de corruption éclabousse l'armée, Gaïd Salah parait visé, Maghreb Emergent, 03/12/2014. http://www.huffpostmaghreb.com/2014/12/03/corruption-armee-gaid-sal_n_6260464.html
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: Also see Art. 33 of the quoted law, which seeks to punish public officials who abuse their powers in order to attain personal advantage. Beware that no mention of defence/security sector exists in this law, therefore in these different articles. These provisions are thus to consider with caution.
Suggested score:
Are procurement staff, in particular project and contract managers, specifically trained and empowered to ensure that defence contractors meet their obligations on reporting and delivery?
Researcher4311: According to the 2011 (most recent for Algeria) Global Integrity Report, there is no regular required training of public procurement officials and when this is available is voluntary. Presidential Decree No. 11-98 of March 1, 2011 amending and supplementing the Presidential Decree No. 10-36 regulating public procurement, Section 6, Article 60, states that public officials must follow a code of ethics and conduct in monitoring the procurement and execution of a public contract. In practice there appears to be little control or oversight of defence contractors by procurement staff, and there is likely to be evidence of undue influence from higher grades within the organisation (source 1).
1) Nadjia Bouaricha, Le secteur de la défense échappe à tout contrôle, El Watan, January 30, 2013. http://lequotidienalgerie.org/2013/01/30/transparency-critique-lopacite-dans-les-depenses-militaires-le-secteur-de-la-defence-echappe-a-tout-controle/
2) Zouheir Aït Mouhoub , BRC : Le rapport que vous n’avez jamais lu, El Watan, 5 March 2010, http://www.algeria-watch.org/fr/article/eco/corruption/brc_rapport.htm
3) Global Integrity, Algeria Scorecard 2011. Government Procurement: Transparency, Fairness, and Conflicts of Interest Safeguards. Q51B. https://www.globalintegrity.org/global_year/2011/
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: There seems to have been no training happening, even prior to the examination period (see Global Integrity Report for Algeria, 2011 question 51b) https://www.globalintegrity.org/global_year/2011/ No evidence was identified indicating the opposite since.
Suggested score:
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
Researcher4311: No formal mechanisms are in place to allow companies to complain about perceived malpractice in procurement. Saida Neghza, vice president of the General Confederation of Algerian companies explains that &quoute;in Algeria there is no mechanism to allow a company to denounce corruption. There is a fundamental legal vacuum in that case. In cases where there is a complaint, the problem is the evidence. Indeed, what justice may rule in your favour if you do not have any evidence? [...] To be clear, we can do nothing. When we see senior officials involved in corruption, it is not surprising that small managers do the same&quoute;.
It is likely that companies would be disadvantaged because there is no formal mechanisms to allow companies to complain about perceived malpractice in procurement. No examples were found of companies being debarred from future procurement, although there is one example of a company debarred by the World Bank (the Chinese company CSCEC) that is still in business in Algeria (Source 2).
RESPONSE TO PEER REVIEWER 2: Agree with comments. Score changed from 1 to 0.
1) Said Smati, “Des dessous-de-table sont payés avant l’attribution des projets”, Liberté, May 22, 2013. http://www.liberte-algerie.com/dossiers-economiques/des-dessous-de-table-sont-payes-avant-l-attribution-des-projets-saida-neghza-vice-presidente-de-la-confederation-generale-des-entreprises-algeriennes-denonce-la-corruption-dans-les-marches-publics-200302
2) AFP Algiers. China to construct world’s third largest mosque in Algeria, 28 February 2012. http://english.alarabiya.net/articles/2012/02/28/197611.html
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: I suggest the researcher goes to the primary source (that is, the World Bank) to look for whatever information s/he needs that originates from the Bank.
As for the indicator: I suggest a score 0. No such mechanism was identified in any of the legal texts I consulted (investments, public procurement, etc.). In addition, no complaint was identified where a company has complained about procurement-related malpractice.
Suggested score: 0
What sanctions are used to punish the corrupt activities of a supplier?
Researcher4311: Law 06-01, Article 26, Paragraph 2 states that suppliers who try to raise prices, or change to their advantage the quality of the goods or services or delivery or supplies will be punished by imprisonment of two to ten years, as well as a fine of between DZD200,000 and DZD1,000,000 (EUR 20,000 - EUR 100,000).
As for Army suppliers, it is mentioned in the Penal Code, (promulgated by Ordinance No. 66-156 of June 8, 1966), Art. 161. (Modified) that suppliers who change to their advantage the quality of the good are punishable by imprisonment of five (5) to ten (10) years and a fine not exceeding one quarter of civil damages, nor less than two thousand (2,000) DA. In addition to that, officials or agents, servants and employees of the State, who have caused or helped the supplier, shall be punished by imprisonment of ten (10) to twenty (20) years.
Several cases have shown that the law is not applied in practice. The most recent one is the Agusta-Westland case, a corruption case over helicopter contract in which &quoute;slush funds&quoute; and fake invoices were shown to have been made to help the Italian firm win a contract by bribing Algerian officials.
1) Loi 06-01 relative à la prévention et à la lutte contre la corruption, 2006. http://www.droit.mjustice.dz/loi_prev_lut_corrupt.pdf
2) Fouad Cheriet, Pratiques managériales frauduleuses en Algérie, Diversité, ampleur et perceptions des acteurs, 2013. http://www.strategie-aims.com/events/conferences/23-xxiieme-conference-de-l-aims/communications/2839-pratiques-manageriales-frauduleuses-en-algerie-diversite-ampleur-et-perceptions-des-acteurs/download
3) Djilali Hadjadj, Corruptions: Durcir le code des marchés publics, Le Soir d'Algérie, January 25, 2010. http://www.lesoirdalgerie.com/articles/2010/01/25/article.php?sid=94736&cid=11
4) Tayeb Chenntouf, L'Algérie face à la mondialisation, CODESRIA, 2008, p. 38. Availaible in PDF on http://www.codesria.org/spip.php?article1346&lang=en
5) Code Pénal (promulgué par l'Ordonnance n° 66-156 du 18 Safar 1386 correspondant au 8 juin 1966). http://www.wipo.int/wipolex/fr/text.jsp?file_id=228301#LinkTarget_56247
6) Silvia Aloisi, Former AgustaWestland managers investigated over Algerian deal, April 23, 2015. http://www.reuters.com/article/2015/04/23/us-finmeccanica-probe-algeria-idUSKBN0NE26S20150423
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
When negotiating offset contracts, does the government specifically address corruption risk by imposing due diligence requirements on contractors? Does the government follow up on offset contract performance and perform audits to check performance and integrity?
Researcher4311: According to senior analyst Laurence Aïda Ammour (Source 1, 2), Algeria is discussing a policy of offset agreements on defence capable of attracting international companies in order to increase its domestic manufacturing capacity for weapons materials. The country has also begun discussions with the Directorate of the Gulf Cooperation Council, with which it desires to establish formalized compensation programs. As the analyst explains however, there is clearly a high risk of political corruption for offset policies that is associated with countries where corruption is already commonplace and where the defence industry is characterized by a lack of transparency.
Although the Prevention of Corruption Law of 2006 calls for an estimation of expenditures in offset agreements, there is no evidence of effective control over it. The analyst notes that given the particularly high financial transfers involved in these kinds of agreements, and the confidentiality and opacity surrounding the allocation and expenditure of defence budgets, there is significantly aggravated risk of corruption. According to the same report (source 1), the unquestionable influence of senior members of the defence and security sector prevents any review or control over transactions. Similarly, military control over many private commercial enterprises prevents appropriate verification and transparency from occurring.
It similarly appears neither the ANLC and IGF are currently able to take on this responsibility. According to the report: &quoute;The National Body for the Prevention and Fight Against Corruption and the Inspectorate General for Finance are both weak. No anti-corruption institutions specifically targeting the defence sector exist and there is a lack of enforcement of counter corruption laws. Furthermore, the nation’s Supreme Audit institution is limited in its ability to audit defence institutions. Finally, offsets represent transfers of substantial resources to authoritarian government under no conditionality&quoute;. (source 2).
As mentioned in the Anti-Money Laundering and Combating the Financing of Terrorism report (2010. p. 7) in Algeria, &quoute;The procedures followed do not meet the requirements of R.5 related to obtaining information on the purpose and nature of the business relationship; as such obligation should be imposed by virtue of an explicit provision.There is no legal or regulatory provision that requires financial institutions to take ongoing due diligence measures. As well, the financial institutions are not required to verify that the documents, data or information obtained by virtue of the due diligence procedures are updated and consistent, particularly for the categories of high risk customers and business relationships&quoute;.
1) Laurence Aïda Ammour, Bulletin de Documentation No 7, évolution de la politique de Défense algérienne, Centre Français de Recherche sur le Renseignement, August 2013 (French version).
http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php#_ftnref22
2) Laurence Aïda Ammour, Evolution of the Algerian defence Policy. August 2013 (English). http://www.academia.edu/4457712/THE_ALGERIAN_defence_POLICY. p.11.
3) Anti-Money Laundering and Combating the Financing of Terrorism report, 2010. http://www.menafatf.org/images/UploadFiles/Mutual_Evaluation_Report_of_the_Republic_of_Algeria.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: I was hoping to find a more recent report from the MENA FATF (Financial Action Task Force) as the only and thus most recent one is from 2010 (http://www.menafatf.org/images/UploadFiles/Mutual_Evaluation_Report_of_the_Republic_of_Algeria.pdf). It asserts: &quoute;There is no legal or regulatory provision that requires financial institutions to take ongoing due
diligence measures. As well, the financial institutions are not required to verify that the documents, data or
information obtained by virtue of the due diligence procedures are updated and consistent, particularly for the
categories of high-risk customers and business relationships.&quoute; There is obviously no mention of defence or security here, but I tend to side with the GI 2013 assessment where the researcher considered that &quoute; defence and security contracts are likely to be exactly the sort of high-risk customer and business relationship referred to.&quoute; Nowhere have I identified a single mention of off-sets either.
Suggested score:
Does the government make public the details of offset programmes, contracts, and performance?
Researcher4311: The government does not provide any details on offset contracts or programs. ConsecutiveOpen Budget Index findings show that the Algerian government provides the public with scant information on the central government’s budget and financial activities during the course of the budget year.
Research found that proposals are not made available to the public, making it very difficult for citizens to have a comprehensive picture of the government’s plans or spending. Citizens have very limited access to the government data on this topic. The Law on Information (2012) does not mention the rights of citizens to access government data. It is rather concerned with the responsibilities and rules of jobs related to information, such as journalism (Source 2).
According to the French Research Center for Intelligence (Centre Français de Recherche sur le Renseignement), Algeria is discussing a policy of offset agreements on defence capable of attracting international companies in order to increase domestic manufacturing capacity for weapons materials. The country has begun discussions with the Directorate of the Gulf Cooperation Council, with which it desires to establish formalized compensation programs. The report points out that offset policies, especially in defence, are deemed to be at a high risk of political corruption in countries where it is already commonplace and where the defence industry is characterized by a lack of transparency.
1) OpenBudgetIndex 2008, Algeria. http://internationalbudget.org/wp-content/uploads/2011/04/cs_algeria.pdf
2) Code de l'information, 2012. http://www.joradp.dz/TRV/FInfo.pdf
3) Laurence Aïda Ammour, Bulletin de Documentation No 7, évolution de la politique de Défense algérienne, Centre Français de Recherche sur le Renseignement, August 2013. http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php#_ftnref22
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: There is no mention on off-sets at all.
Suggested score:
Are offset contracts subject to the same level of competition regulation as the main contract?
Researcher4311: There is no specified offset policy in the country. Tender opportunities appear to either be classified as national, international restricted or closed (i.e. only sent to specific companies and not published). The lack of available evidence indicates that most defence contracts are likely to have occurred through a closed route.
1) UK TI DSO Priority Market briefs, defence and Security Opportunities: Algeria, UK Trade & Investment. May 2013. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/282781/UKTI_DSO_Market_Brief_Algeria.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
How strongly does the government control the company's use of agents and intermediaries in the procurement cycle?
Researcher4311: The intervention of an intermediary and the use of them by any means is strictly prohibited by Algerian law (including under the provisions of Law No. 88-29 of 19 July 1988 on the state monopoly on foreign trade) and are punishable under sections 128, 242, 243, 423 of the Penal Code.
Despite this, the use of agents and intermediaries is common in the procurement cycle. According to the source cited above (1) there is a real &quoute;diktat&quoute; of intermediaries in Algeria. It appears likely that they receive uncompetitive advantages, such as being made aware of tenders before publication.
It also appears that there is at least some degree of control over their usage, as indicated by several cases. For example, prosecutions against ENI and SNC Lavalin, Sonatrach (see source 4) and Saipem (Source 5) emphasized the illegality of these practices where intermediaries took millions of dollars in commission. This control does not appear to be consistently enforced however, as shown by the absence of a trial for East-West (source 6).
1) Aïssa Moussi, Attribution des marchés publics, Le diktat des «intermédiaires», Algérie News, November 22, 2012. http://www.algerienews.info/le-diktat-des-intermediaires/
2) Lyas Hallas, Autoroute Est-Ouest en Algérie: un milliard de dollars de commissions mais pas de procès, Médiapart, April 16, 2014. http://blogs.mediapart.fr/edition/enquetes-au-maghreb/article/160414/autoroute-est-ouest-en-algerie-un-milliard-de-dollars-de-commissions-mais-pas-de
3) Algérie: Affaire Sonatrach: Farid Bedjaoui, l'homme par qui le scandal arrive, Jeune Afrique, April 09, 2013. http://www.jeuneafrique.com/Article/JA2725p053_055_02.xml0/algerie-canada-suisse-italie-justice-algerie-affaire-sonatrach-farid-bedjaoui-l-homme-par-qui-le-scandale-arrive.html
4) Farid Alilat, Affaire Sonatrach : deux Algériens au coeur du système. Jeuneafrique.com, 05/03/2013. http://www.jeuneafrique.com/Article/JA2720p047_049.xml1/
5) Algérie : des perquisitions ont visé Chakib Khelil et deux ex-PDG de Sonatrach, Jeuneafrique.com, 27/03/2013. http://www.jeuneafrique.com/Article/ARTJAWEB20130327170549/
6) Lyas Hallas, Autoroute Est-Ouest en Algérie: un milliard de dollars de commissions mais pas de procès. April 16th, 2014. Mediapart, http://bit.ly/1vTIhvo
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
Researcher4311: The principal aspects of the financing package surrounding major arms deals are required to be published in a national newspaper and/or in the BOMOP under Presidential Decree No.10-236 of October 7, 2010, Section 1, Article 69 and Section 2, Article 49. No evidence was found of this being applied in practice.
1) Algérie, Réglementation des marchés publics. Décret présidentiel No. 10-236 du 7 octobre 2010 modifié. http://www.droit-afrique.com/images/textes/Algerie/Algerie%20-%20Code%20marches%20publics%202012.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does the government formally require that the main contractor ensures subsidiaries and sub-contractors adopt anti-corruption programmes, and is there evidence that this is enforced?
Researcher4311: The research could not find any evidence that the government requires main contractors to ensure that their subsidiaries/sub-contractors adopt anti-corruption programs. No policy was found that would evidence that the Algerian government - at least - encourages the main contractor to ensure that its subsidiaries and sub-contractors adopt anti-corruption programmes.
It is worth noting that the procurement code was strict and prevented non-nationals from investing in Algeria; foreigners were required to find an Algerian resident partner in Algeria in order to invest. This had perverse effects on an economy that was poorly performing. For this reason the government reacted by implementing Presidential Decree No. 11-98 of March 1, 2011 to amend and supplement Presidential Decree No. 10-36 regulating public procurement, which relaxes the steps at foreign bidders in the competitive process for international bids.
Section 6, Article 60 of this Decree states that public officials must follow a code of ethics and conduct in monitoring the procurement and execution of a public contract. There is also a reference to transparency in the Decree 10-236 of March 7, 2010 (Title I, Article 3). These policies again do not make a specific formal requirement for contractors to ensure their subsidiaries and sub-contractors adopt anti-corruption programs however. Additionally, no evidence was found that the articles of the law cited above are enforced.
1) Samira G, Code des marchés publics,Le gouvernement fait machine arrière, March 12, 2011. http://www.algerie360.com/algerie/code-des-marches-publicsle-gouvernement-fait-machine-arriere/
2) JORA No. 14, March 6, 2011. http://www.mincommerce.gov.dz/fichier11/dec1198fr.pdf
3) Algérie, Réglementation des marchés publics, Décret présidentiel No. 10-236 du 7 octobre 2010 modifié. http://www.droit-afrique.com/images/textes/Algerie/Algerie%20-%20Code%20marches%20publics%202012.pdf
Opinion: Agree with Comments
Comment: In 2013 (the most recent year the Code of Ethics was mentioned in the press), the Code of Ethics was about to be finalized (http://www.leconews.com/fr/depeches/un-code-d-ethique-en-cours-de-finalisation-03-07-2013-164212_312.php) and published, but a few weeks after this announcement the press was still wondering what has happened to this Code (http://www.lesoirdalgerie.com/articles/2013/07/22/article.php?sid=151731&cid=11), that apparently has not been published yet.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
How common is it for defence acquisition decisions to be based on political influence by selling nations?
Researcher4311: Government statements show the state has used the &quoute;lutte contre le terrorisme&quoute; (fight against terrorism) and the need to secure its borders to justify its defence and security expenditures. Platform requirements appear to be broadly justified by reference to military need; the procurement of IFVs corresponds to Algeria's need to defend its large desert borders, for example, whilst its naval expansion indicates recognition of problems such as smuggling, illegal migration and indigenous terrorism that affect Algeria's harbours and maritime routes as well as over 1,000km of coastline.
Political influence from seller nations is likely to have resulted in specific platforms being selected however, as arms deals have often been connected with oil and gas exports (Interviewee 4). Notably, Russia currently dominates the Algerian arms market after a deal negotiated in 2006 to cancel debts incurred by Algeria for Soviet-era arms transfers* in exchange for new arms orders and access for Russian energy companies. Analysis indicates significant geopolitical motivations existed for the Russian government to press for deals that would strengthen its domestic arms industry and gain energy market leverage against Europe. Given Algeria's obligations to Russia formed around 29% of its national debt, it is reasonable to assess that Russia was able to exert significant pressure here. It is not clear how suitable some of these platforms may have been for Algeria however. It should be noted, for example, that Algeria subsequently cancelled a $1.3 billion contract and returned 15 MiG-29 aircraft to Russia after parts were found to be old or defective.
Commentators have noted that Algeria has nonetheless made efforts to diversify suppliers, including procuring military goods and services from Germany, China and Italy.
*Between 1970 and 1991, the Soviet Union, accounted for 90 percent of Algeria's imports of major conventional weapons. Algeria was the eighth largest recipient of Soviet arms exports, accounting for four percent.
1) Algeria - Air Force - Modernization, GlobalSecurity.org. Décember 2012. http://www.globalsecurity.org/military/world/algeria/air-force-modernization.htm
2) Akram Kharief, L'Algérie aura finalement son drone d'attaque, Tout sur la défense au Maghreb, November 1, 2013. http://secret-difa3.blogspot.com/2013/11/lalgerie-aura-finalement-son-drone.html
3) Laurence Aïda Ammour, Bulletin de documentation n°7, évolution de la politique de défense algérienne, Centre Français de recherche sur le renseignement, August 2013. http://www.cf2r.org/fr/bulletin-de-documentation/evolution-de-la-politique-de-defence-algerienne.php#_ftn21
4) Algérie : la France hors-jeu des grands contrats d'armement, La tribune, April 18, 2013. http://www.latribune.fr/entreprises-finance/industrie/aeronautique-defence/20130418trib000760217/algerie-la-france-hors-jeu-des-grands-contrats-d-armements.html
5) Guy Anderson, RS 50D Across the Mediterranean – Algeria: Procurement and the drive to secure energy, November 2007. http://www.ukdf.org.uk/assets/downloads/RS50DAcrosstheMediterranean%E2%80%93Algeria.pdf
6) Abed Charef, Une affaire de corruption éclabousse l’armée, Gaïd Salah parait visé, December 3rd, 2014. http://maghrebemergent.info/component/k2/43086-une-affaire-de-corruption-eclabousse-l-armee-gaid-salah-clairement-vise.html
7) Kharief Akram, Un autre scandale de corruption éclate. El Watan, April 25th, 2015. http://www.algeria-watch.org/fr/article/eco/corruption/vente_helicopteres.htm
8) Algeria buys Russian arms but keeps Moscow at arm's length, Al Monitor, March 25, 2015. http://www.al-monitor.com/pulse/originals/2015/03/russia-algeria-weapons-gas-bouteflika-putin.html
9) Algerian Arms Deal Brings Russia $7.5 billion, Gas Market Leverage, defence Industry Daily, September 14th, 2015. https://www.defenceindustrydaily.com/algerian-arms-deal-brings-russia-75-billion-gas-market-leverage-02024/
10) Russia’s Fearsome New MiGs Could Be Lemons, War is Boring, Apr 19, 2014. https://medium.com/war-is-boring/russias-fearsome-new-migs-could-be-lemons-3629dd50871c
11) Yahia Zoubir & Louisa Dris-Aït-Hamadouch, Global Security Watch - The Maghreb: Algeria, Libya, Morocco, and Tunisia, ABC-CLIO, 2013, pp152-158. https://books.google.co.uk/books?id=3bpdAQAAQBAJ&pg=PA152
Interview with Interviewee 4, lawyer, 26 August 2014
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Researcher4311: The Parliament has the right in theory to control the defence budget and its execution under article 99, 160 and 161 of the constitution. In practice, research found the situation to be totally different because of the major influence that the executive has in the vote. Research indicates there is no underlying legislative scrutiny of defence policy in Algeria because of the relationship between what is called the “Pouvoir” and the military; in particular with its intelligence branch, the Department of Intelligence and Security (DRS). Academic analysis suggests that the PNA (People National Army) and the DRS were, are, and are likely to remain, key players in Algerian politics for the foreseeable future (Source 2).