- A
- B
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- D
- E
- F
Egypt’s GI ranking in Band F places it in the highest risk category for corruption in the defence and security sector. The country’s highest risk area is Finance, followed by Personnel and Procurement. To reduce corruption risk and build integrity, security sector reforms are urgently needed across the following areas:
Transparency and scrutiny in budgeting
- Egypt’s entire defence budget (estimated to be around $4.4 billion) is classified as a state secret and no details on defence spending are available. Even basic information unrelated to defence is classified on the grounds of national security. To allow for effective civilian and parliamentary 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.
Institutional oversight and accountability
- Accurate figures are not known, but the military is estimated to control a significant portion of the country’s economy, with no public or parliamentary scrutiny of these activities. In June 2015, the Minister of Defence issued decree number 68 to exempt military facilities from real estate tax, including clubs and hotels. 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.
Personnel promotions and nepotism
- While formal legal provisions for promotions exist, 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 tightened 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 accompanied by the use of objective job descriptions, assessment processes for appointments, and independent oversight.
Is there formal provision for effective and independent legislative scrutiny of defence policy?
The Egyptian Parliament, “The Internal Rules,” accessed August 6, 2014, http://www.parliament.gov.eg/Bylaws_home.aspx
The State Information Service, “The Constitution,” accessed August 6, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Daniel Tovrov, “Egypt’s Military Creates Secretive National defence Council,” International Business Time, June 18, 2012, accessed August 6, 2014, http://www.ibtimes.com/egypts-military-creates-secretive-national-defence-council-703305
Sarah Deeb, “Egypt Parliament Election Suspended By Court,” The Huffington Post, June 03, 2013, accessed August 6, 2014, http://www.huffingtonpost.com/2013/03/07/egypt-parliament-election-suspended_n_2832611.html
Richard Spencer, “Egypt protests: army threatens to dissolve parliament and suspend constitution if no breakthrough in talks,” the Telegraph, July 02, 2013 accessed August 6, 2014, http://www.telegraph.co.uk/news/worldnews/africaandindianocean/egypt/10154617/Egypt-protests-army-threatens-to-dissolve-parliament-and-suspend-constitution-if-no-breakthrough-in-talks.html
Tom Ginsburg, “The Real Winner in the Egyptian Constitution? The Military,” The Huffington Post, July 12, 2012, accessed January 16, 2015, http://www.huffingtonpost.com/tom-ginsburg/egypt-draft-constitution-military_b_2259798.html
Daniel Tovrov, “Egypt’s Military Creates Secretive National defence Council,” International Business Times, June 18, 2012, accessed January 16, 2015, http://www.ibtimes.com/egypts-military-creates-secretive-national-defence-council-703305
Omar Al Shobaki, “The Military Budget and Brotherhood,” Al Masri El Yom Newspaper, September 04, 2012, accessed August 11, 2014, http://www.almasryalyoum.com/news/details/190364
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisation) to exercise oversight?
Researcher4143: There is a committee, but its work has been hindered and there are concerns about its independence. The internal rules of the Egyptian Parliament, in Article 36 (6), provide for the Committee for the defence, National Security and National Mobilization. Article 44 defines the Committee functions as covering the internal and external security of the State, the defence and armed forces' affairs, and the legislation related to them. However, beside the lack of any explicit and stated right to scrutinise the performance of the defence ministry, the Committee’s parliamentary power is undermined for various reasons. For instance, the Committee's power is challenged by article 203 of the Constitution, which establishes the National Defence Council, whose responsibilities extend to the matters of the national security and the armed forces budget. Chaired by the President of the Republic, the Council is comprised of high-ranking officers of the defence and security departments along with other government executives. Although its mandates are not specified in the Constitution, it limits, however, the role of the president and expands the role of the military in the state’s affairs as the highest authority in the country. Simultaneously, the Committee for defence, National Security and National Mobilization members complain often about the deliberate marginalization of the legislature, and call for greater legislative involvement in the security and defence affairs and debates. At the same time, article 205 of the Constitution establishes the National Security Council which is responsible for adopting national security strategies. In addition, the frequent public unrest and the suspension of both the Parliament and the Constitution have affected and interrupted the Committee's activities. Finally, the Committee's independence is questionable due to the established connections and interests between its members and defence and security officials. This might be one of many reasons behind the lack of any publications by the Committee in relations to its functions and performance.
RESPONSE TO PEER REVIEWER: Agreed. Discussion updated.
The Egyptian Parliament, “The Internal Rules,” accessed August 6, 2014, http://www.parliament.gov.eg/Bylaws_home.aspx
The State Information Service, “The Constitution, accessed August 6, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Daniel Tovrov, “Egypt’s Military Creates Secretive National defence Council,” International Business Time, June 18, 2012, accessed August 6, 2014, http://www.ibtimes.com/egypts-military-creates-secretive-national-defence-council-703305
Sarah Deeb, “Egypt Parliament Election Suspended By Court,” The Huffington Post, June 03, 2013, accessed August 6, 2014, http://www.huffingtonpost.com/2013/03/07/egypt-parliament-election-suspended_n_2832611.html
Richard Spencer, “Egypt protests: army threatens to dissolve parliament and suspend constitution if no breakthrough in talks,” the Telegraph, July 02, 2013 accessed August 6, 2014, http://www.telegraph.co.uk/news/worldnews/africaandindianocean/egypt/10154617/Egypt-protests-army-threatens-to-dissolve-parliament-and-suspend-constitution-if-no-breakthrough-in-talks.html
Tom Ginsburg, “The Real Winner in the Egyptian Constitution? The Military,” The Huffington Post, July 12, 2012, accessed January 16, 2015, http://www.huffingtonpost.com/tom-ginsburg/egypt-draft-constitution-military_b_2259798.html
Daniel Tovrov, “Egypt’s Military Creates Secretive National defence Council,” International Business Times, June 18, 2012, accessed January 16, 2015, http://www.ibtimes.com/egypts-military-creates-secretive-national-defence-council-703305
Omar Al Shobaki, “The Military Budget and Brotherhood,” Al Masri El Yom Newspaper, September 04, 2012, accessed August 11, 2014, http://www.almasryalyoum.com/news/details/190364
Opinion: Agree with Comments
Comment: The Committee does not publish any documents that are considered 'sensitive' in matters of national security. The Egyptian military establishment has ensured that its finances - among other matters- remain secret. The extent of formal rights given to the committee are limited considering the dis-functionality of the parliamentary system, the ongoing state of war against terrorism, new constitutional amendments granting special powers to the military and the power of the army to shun opposition or any form of dissent.
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Opinion: Agree
Comment:
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Is the country's national defence policy debated and publicly available?
Researcher4143: Egypt's national defence policy is only accessible through news and media statements rather than being published in a formal document or other available format that has been debated by the executive and legislature. Research showed that discussion has largely been one-directional, as the Egyptian public has often been informed about matters related to the national defence policy, rather than being invited to engage and debate them. For instance, certain policy elements can be drawn from the visit of the Field Marshal Abdul Fattah al-Sisi to Moscow to negotiate arms deal. The visit indicated a potential change in the Egyptian defence policy and its relationship with the United States.
Sources also show that the Committee for defence, National Security and National Mobilization members have complained relatively often about the deliberate marginalization of the legislature, and have called for greater legislative involvement in the security and defence affairs and debates. It should be noted that the Parliamentary Committee for defence, National Security and National Mobilization has a history of prohibiting the journalists from attending some parliamentary sessions. The Committee president stated that such prohibition would eventually “give the MPs the opportunity to freely discuss the situation which the country is going through”.
There is no evidence to suggest that the policy is regularly updated since it is not formally documented or available. The available evidence indicates that when such updates have occurred, they have typically been made on an ad hoc basis in direct response to regional and internal and external changes.
RESPONSE TO PEER REVIEWER 2: Agreed, noting this is not available from primary sources. Comments updated. Score changed from 1 to 0.
David Schenker, “Egypt’s Arms Deal with Russia: Potential Strategic Costs,” The Washington Institute, March 04, 2014, accessed August 6, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-arms-deal-with-russia-potential-strategic-costs
BBC News, “Putin backs Sisi bid for Egypt presidency,” February 13, 2014, accessed August 6, 2014, http://www.bbc.co.uk/news/world-middle-east-26171142
Murad Ibrahim Dassouki, “The Egyptian Defence Policy,” Al Ahram Newspaper, accessed August 6, 2014, http://digital.ahram.org.eg/articles.aspx?Serial=793598&eid=4334
Mouhammad Gharib, “The National Security Committee prevents the entry of journalists and states: you write irresponsibly,” Al Masri El Yom, January 31, 2013, access August 10, 2014, http://www.almasryalyoum.com/news/details/273258
Omar Al Shobaki, “The Military Budget and Brotherhood,” Al Masri El Yom Newspaper, September 04, 2012, accessed August 11, 2014, http://www.almasryalyoum.com/news/details/190364
Daniel Tovrov, “Egypt’s Military Creates Secretive National defence Council,” International Business Times, June 18, 2012, accessed January 16, 2015, http://www.ibtimes.com/egypts-military-creates-secretive-national-defence-council-703305
Opinion: Agree
Comment:
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Opinion: Disagree
Comment: The national defence policy has never been made available to public.
Suggested score: 0
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?
Researcher4143: There is no evidence that CSO engagement has taken place on any significant subject, or that talking to CSOs is considered part of the institutions’ work. Requests by CSOs to work with the government are likely to be rejected or considered inappropriate.
Such possibility is hindered by laws and by the environment in which CSO operate. Civil society organizations in Egypt operate under strict conditions and limited rights and freedoms. Law No. 84 of 2002 hinders their participation in political life. Any attempt or approach to debate defence or security policy is deemed, by the authorities, as a breach of national security. Local media reporting also shows that CSOs have found even basic requests such as requesting the number of students in Egypt from the Ministry of Education to be refused as ‘a matter of national security.’ (see Daily News Egypt, 26 June 2013)
In addition, there are neither provisions nor a legal framework that allow or enhance access to information in Egypt. Beside the laws, which prohibit information related to military institutions, access to information is suppressed under various legal codes and provisions such as article 80(D) of the 2003 Penal Code. The article provides for the punishment of any Egyptian found to disclose news or information regarding the country’s internal situations, which is to cause damage or harm to the country’s national security.
The State Information Service, “Civil Societies Law No. 84 of 2002,” accessed August 16, 2014, http://www.sis.gov.eg/Ar/Templates/Articles/tmpArticles.aspx?ArtID=2485#.U_5DLUsn-Iw
Freedom House, “Draft NGO Law Will Cripple Egyptian Civil Society,” March 25, 2013, accessed August 6, 2014, http://www.freedomhouse.org/article/draft-ngo-law-will-cripple-egyptian-civil-society#.U_5C0ksn-Ix
Charles W. Dunne, “Hearing on the struggle for Civil Society in Egypt,” Freedom House, July 24, 2014, accessed August 6, 2014, http://freedomhouse.org/article/struggle-civil-society-egypt#.U-NhwFY0opE
Sarah El Masry, “Egypt’s right to information law,” Daily News Egypt, June 26, 2013, accessed August 6, 2014, http://www.dailynewsegypt.com/2013/06/26/egypts-right-to-information-law/
Sahar Aziz, “To Stop Corruption, Egypt Needs a Freedom of Information Law,” The Huffington Post, May 23, 2012, accessed August 6, 2014, http://www.huffingtonpost.com/sahar-aziz/to-stop-corruption-egypt-_b_1538999.html
Taha Abdel Alim, “Egypt needs public access to information,” Ahram Online, June 20, 2011, accessed August 6, 2014, http://english.ahram.org.eg/NewsContentP/4/14674/Opinion/Egypt-needs-public-access-to-information.aspx
The Centre for International Private Enterprise, “Freedom of Information and Transparency in Egypt,” accessed August 6, 2014, http://www.right2info.org/resources/publications/egypt-foi-and-transparency
Sarah El Masry, “Egypt’s right to information law,” Daily News Egypt, June 26, 2013, accessed August 6, 2014, http://www.dailynewsegypt.com/2013/06/26/egypts-right-to-information-law/
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.)
Researcher4143: Although Egypt signed UNCAC in 2003 and ratified it in 2005, there is no evidence to suggest Egypt’s compliance with the Convention. Egypt argued against the review mechanism, stating that such procedures would violate the sovereignty to host countries.
In contrast, Egypt is a member of the Middle East & North Africa Financial Action Task Force (MENAFATF) against money laundering and Terrorist Financing. It has been reported that some legislative and administrative reforms have taken place to bring the domestic anti-money laundering regime up the MENAFATF standards. However, there is no evidence to suggest that such provisions and reforms extend to the defence sectors.
Egypt has not ratified the OECD Convention.
United Nations Office on Drugs and Crime, “United Nations Convention against Corruption: Signature and Ratification Status as of 2 April 2014,” accessed August 06, 2014, https://www.unodc.org/documents/treaties/UNCAC/Status-Map/UNCAC_Status_Map_Current.pdf
Business Anti-Corruption Portal, “Egypt Country Profile,” accessed August 06, 2014, http://www.business-anti-corruption.com/country-profiles/middle-east-north-africa/egypt/snapshot.aspx
Asma AL Sharif, “New law to lure investors to Egypt could feed corruption, critics say,” Thomson Reuters, April 23, 2014, accessed August 06, 2014, http://www.reuters.com/article/2014/04/23/us-egypt-investment-idUSBREA3M1PL20140423
Middle East & North Africa Financial Action Task Force, “Regulations of Members,” accessed August 06, 2014, http://www.menafatf.org/categoryList.asp?cType=reg
Patrick Mott, “Egypt’s Anti-Corruption Program and the United Nations Convention Against Corruption,” Spring 2010, accessed January 19, 2015, https://humanrightsstudyproject.files.wordpress.com/2012/07/pmott_egypt.pdf
OECD (2013), State-Owned Enterprises in the Middle East and North Africa: Engines of Development and Competitiveness?, OECD Publishing
Gamal Essam El-Din, “Egypt so fresh and so clean,” Al-Ahram Weekly Online, March 4-10, 2004, accessed January 19, 2015, http://weekly.ahram.org.eg/2004/680/ec4.htm
The United Nations Development Programme in Egypt, “The legal and societal dialogue regarding the Constitutional Commission to fight corruption,” September 16, 2013, accessed August 10, 2014, http://www.eg.undp.org/content/dam/egypt/docs/Governance/Report.pdf
Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: Egypt is party to the United Nations Conventions against Corruption - it signed on 9 December 2003 and ratified on 25 November 2005.
https://www.unodc.org/unodc/en/treaties/CAC/signatories.html
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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?
Researcher4143: Some defence and security matters are discussed and debated by the public.
Examples include the Egyptian political and military role in the Arab-Israeli conflict, the Rafah crossing, and the frequent unrest and crises in Sinai. However, these debates take place on social networks and media, rather than through a procedural and systematic way where the public, academics, journalists and civil society are involved and invited to participate. Thus, they remain public debates by individuals, held without governmental engagement and participation.
When the government releases official statements on defence issues, it addresses the matter regardless of public questions, which remain unanswered by the defence establishments and government institutions.
Murad Ibrahim Dassouki, “The Egyptian Defence Policy,” Al Ahram Newspaper, accessed August 6, 2014, http://digital.ahram.org.eg/articles.aspx?Serial=793598&eid=4334
Tamer Wajih, “Who killed the Egyptian Soldiers in Sinai,” Al Masry El-Yom, August 07, 2012, accessed August 10, 2014, http://www.almasryalyoum.com/news/details/190023
Shaimaa Faraj, “Strategic expert: Hamas wants to drag the Egyptian army to clash with Israel,” Al Dostor Newspaper, July 19, 2014, accessed August 10, 2014, http://www.dostor.org/646787
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Does the country have an openly stated and actively implemented anti-corruption policy for the defence sector?
Researcher4143: Article 218 of the Constitution provides that the State shall fight corruption and establish competent control agencies to enhance the values of integrity and transparency in collaboration with a national strategy to combat corruption. However, and while there are occasional statements to counter corruption in general, there is no evidence of an existing anti-corruption policy for the defence sector. Such statements address the corruption in general without any reference to the defence and intelligence sectors. They are often stated in association with political transition periods or governmental changes. The lack of such reference suggests a relevant policy is unlikely to be brought forward any time in the near future.
The United Nations Development Programme in Egypt, “The legal and societal dialogue regarding the Constitutional Commission to fight corruption,” September 16, 2013, accessed August 10, 2014, http://www.eg.undp.org/content/dam/egypt/docs/Governance/Report.pdf
Omar Ali, “Minister of Justice: Wait for real change in the order of Egypt anti-corruption index,” September 12, 2013, accessed August 10, 2014,
http://www.masrawy.com/news/Egypt/Politics/2013/December/9/5777578.aspx
The State Information Service, “The Constitution, accessed August 6, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?
Researcher4143: In theory, the Inspection Authority of the Armed Forces is responsible for investigating corruption and organised crime within the defence services. Offenders are to be presented before the Military Court, according to Article 204 of the Constitution. By virtue of article 2 of the Law Decree No. 45 of 2011 amending article 8 of Military Justice Law No. 25 of 1966, military courts have exclusive jurisdiction over corruption conducted by army personnel. Some relevant cases have been reported.
For instance, in Case No. 73/2012 (Military Court/Alexandria), 11 individuals and army personnel were presented before the Military Court in Alexandria; however, the outcome of the case is unknown. Although there is no information or evidence on the independence, staffing and funding of the Inspection Authority of the Armed Forces, there is substantive evidence to suggest that there is a lack of military judicial independence, that fails to meet international standards guaranteeing the right to an independent and impartial judiciary.
It must also be noted here that the Ministry of Defence occasionally reports that there are military efforts to counter smuggling, especially involves arms and drugs. The efficiency of these efforts has been called into question.
Mahmoud Kandil, “The Judiciary in Egypt Pursuing Reform and Promoting Independence,” Arab Reform Initiative, July 2012, accessed August 12, 2014, http://www.arab-reform.net/sites/default/files/Judiciary_Egypt_M%20Kandil_July12_Final_En.pdf
U.S. Securities and Exchange Commission, SECURITIES AND EXCHANGE COMMISSION v. THOMAS WURZEL, Civil Action No. 09-Civ-01005 (RWR), United States District Court for the District of Columbia (Filed May 29, 2009), accessed August 10, 2014, http://www.sec.gov/litigation/litreleases/2009/lr21063.htm
Bsent Zeneddine, “US investigations reveal how a former General received commission to facilitate contracts,” Al Masri El-Yom, February 15, 2012, accessed August 10, 2014, http://www.almasryalyoum.com/news/details/151894
The International Bar Association Human Rights Institute (IBAHRI), “Separating Law and Politics: Challenges to the Independence of Judges and Prosecutors in Egypt,” February 2014.
The State Information Service, “The Constitution, accessed August 13, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
Al Sharq El Awsat Newspaper, “Summary: Egypt after the revolution, June 23, 2011, accessed August 10, 2014, http://classic.aawsat.com/details.asp?section=4&issueno=11895&article=627835&feature=#.U-UUoVY0opE
Ahram Online, “Suspects in Mercedes bribe case referred to criminal court,” April 08, 2011, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/1/64/9547/Egypt/Politics-/Suspects-in-Mercedes-bribe-case-referred-to-crimin.aspx
‘Mercedes Bribery’ case No. 21 (2011)
Mark Perry, “Looking for Hashish in Cairo? Talk to The Police,” Foreign Policy, August 23, 2013, access August 13, 2014, http://www.foreignpolicy.com/articles/2013/08/23/the_hidden_power_of_egypt_s_drug_running_cops%20
Mouhammad Saad Khattab, “Drug smuggling in containers that belongs to the army under the guise of the Arab Organization for Industrialization,” Sawt El-Ummah News, November 11, 2012, accessed August 13, 2014, http://www.soutalomma.com/articles/فضيحة-تهريب-المخدرات-فى-حاويات-تسليح-الجيش-تحت-غطاء-الهيئة-العربية-للتصنيع
Ministry of Defence, accessed August 12, 2014, http://www.mod.gov.eg
Human Rights Watch, “Egypt: Investigative Police, Military Killings of 51; Accountability Essential to Break Cycle of Impunity,” July 14, 2013, acceded January 20, 2015, http://www.hrw.org/news/2013/07/14/egypt-investigate-police-military-killings-51
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?
Researcher4143: The army remains highly regarded by a wide section of Egyptians. For instance, in 2013 the Economist cited one opinion poll showing the army holding a 94% approval rating, making it the most trusted institution in the country by far. This high percentage does not specify on which grounds the army is trusted however (such as security, restoration of public order, or economic stability by imposing political rest). Another 2013 poll conducted by Pew Research Centre shows that 73% of Egyptians surveyed believe that the army has a good influence on the country.
Extensive evidence nonetheless indicates a strong public view that there is deep-rooted corruption in the Ministry of Interior departments and the security sector. According to academics such as Professor Mohammed Fadel, for example, corruption (along with torture by the secret police and other state security forces) was one of the main reasons behind the Egyptian uprising in 2011, also known as the January 25 Revolution.
These findings contrast with the 2013 Global Corruption Barometer, which shows that 45% of respondents in Egypt felt that military was corrupt or extremely corrupt. It is important to note the finding is not mutually exclusive from the approval ratings indicated above however: the population's trust in the military appears to have remained high despite perceptions of corruption. Contributing factors may include its level of long-term institutional independence within the executive and from ruling political parties; strongly-held perceptions that the military has the population's interests at heart and that its economic activities have helped keep the country stable; and a comparative lack of trust in the police and other state security entities whose corruption and abuses of power may have been perceived to more directly and substantially impact the population.
Mohammad Fadel, “Public Corruption and the Egyptian Revolution of January 25: Can emerging International Anti-Corruption Norms Assist Egypt Recover Misappropriated Public Funds?” Harvard International Law Journal, April 2011, Online Volume 52, accessed January 19, 2015, http://www.earla.org/userfiles/Fadel%20-%20Public%20Corruption%20and%20Egyptian%20Revolution%20HILJ%20(April%202011).pdf
Business Anti-Corruption Portal, “Corruption in Egypt,” The police are still infamous for corruption and abuse of power and the steps undertaken within the law enforcement agency remain purely &quoute;cosmetic&quoute; - The continuously high-levels of corruption within the security apparatus and the lack of political will to combat it (February 2013) - thousands of low-level policemen initiated a general strike across Egypt to demand the resignation of the Minister of Interior and other officials on allegations of corruption and favouritism (October 2011) - accessed January 20, 2015, http://www.business-anti-corruption.com/country-profiles/middle-east-north-africa/egypt/show-all.aspx
Mieczyslaw Boduszynski, “The key to real change in the Middle East: police reform”, The Conversation, March 23, 2015, http://theconversation.com/the-key-to-real-change-in-the-middle-east-police-reform-38749
Enas Hamed, “Egypt’s revolutions have not stopped corruption,” Al-Monitor, January 15, 2015, accessed January 22, 2015, http://www.al-monitor.com/pulse/originals/2015/01/egypt-corruption-rise-revolution.html#
The Economist, “The Second time around,” July 06, 2013, accessed August 10, 2014, http://www.economist.com/news/briefing/21580533-egyptian-army-widespread-popular-support-has-ended-presidency-muhammad-morsi
Richard Wike, “Egyptian military gets higher ratings than most political parties,” Pew Research Centre, July 01, 2013, accessed August 10, 2014, http://www.pewresearch.org/fact-tank/2013/07/01/egyptian-military-gets-higher-ratings-than-most-political-parties/
Barry Lando, “Egyptian Military: State Within a State,” The Huffington Post, November 26, 2011, accessed August 10, 2014, http://www.huffingtonpost.com/barry-lando/egyptian-military_b_1114132.html
The Organisation for Economic Co-operation and Development, “Business Climate Development Strategy: Egypt,” accessed August 10, 2014, http://www.oecd.org/globalrelations/psd/46341460.pdf
Business Anti-Corruption Portal, “Egypt Country Profile,” accessed August 06, 2014, http://www.business-anti-corruption.com/country-profiles/middle-east-north-africa/egypt/snapshot.aspx
Transparency International, &quoute;Global Corruption Barometer 2013: Egypt&quoute;, accessed August 24, 2015, http://www.transparency.org/gcb2013/country?country=egypt
Opinion: Agree with Comments
Comment: The public does hold the idea that despite the wide corruption among politicians and the police that the army is an corrupt institution. However daily acts of bribery in bureaucratic procedures and favoritism shown towards families of army officers has tarnished the military's image among the wider public.
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Opinion: Agree
Comment:
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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?
Researcher4143: The Ministry of Defence, the Egyptian Government and The Egyptian Parliament websites have been surveyed along with other relevant sources. No evidence was found to suggest any existing or regular assessments have been carried out by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel.
The Egyptian Parliament, accessed January 20, 2015, http://www.parliament.gov.eg
The Egyptian Government, accessed January 20, 2015, http://www.egypt.gov.eg/English/Home.aspx
Ministry of Defence, accessed August 12, 2014, http://www.mod.gov.eg
Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: The issue of defence and military finance is a top national security secret as defined by the president himself in different occasions. It was said in the media that the army has its own system of monitoring it's finance against corruption as well as its personnel but NO public internal law or standard has been published in the official journal. However, although corruption in almost every sector in Egypt is well known to the public, the public has the impression that the army including its personnel are a way from being related to corruption. This is mostly due to the fact that the public never read/know of any corruption involving army personnel.
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Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?
Researcher4143: The Ministry of Defence website has been surveyed and there is no indication of a defined process for acquisition planning, nor a process for acquisition planning. The affairs of the Ministry of Defence remain a matter of speculation.
Following the signing of the Camp David peace accords between Egypt and Israel in 1979, Egypt has enjoyed an annual aid provided by the United States. Much of the aid went to military and armaments projects.
Law No. 14 of 1967 amending the first article of Law No. 313 of 1956 prohibits the publication of any news related to the armed forces. Acquisition planning is believed to be performed on an ad hoc basis, and is reliant on American aid (Fisher 20014). Traditionally, the Egyptian military equipment was acquired from the Soviet Union and what has been known as the ‘Eastern Bloc.’
Anthony H. Cordesman, “The Egyptian Military and The Arab-Isreali Military Balance,” The Centre for Strategic & International Studies, February 10, 2011, accessed August 10, 2014, http://csis.org/files/publication/110210_egypt-arab-israeli_mil_bal.pdf
Max Fisher, “The cases for and against cutting U.S. aid to Egypt, explained,” Washington Post, August 15, 2013, accessed August 6, 2014, http://www.washingtonpost.com/blogs/worldviews/wp/2013/08/15/the-cases-for-and-against-cutting-u-s-aid-to-egypt-explained/
Association for Freedom of Thought and Expression, “Law No. 14 of 1967 amending the first article of Law No. 313 of 1956,” accessed August 16, 2014, http://right2know.afteegypt.org/index.php?newsid=42
David Schenker, “Egypt’s Arms Deal with Russia: Potential Strategic Costs,” The Washington Institute, March 04, 2014, accessed August 6, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-arms-deal-with-russia-potential-strategic-costs
BBC News, “Putin backs Sisi bid for Egypt presidency,” February 13, 2014, accessed August 6, 2014, http://www.bbc.co.uk/news/world-middle-east-26171142
The Ministry of Defence, accessed August 6, 2014, http://www.mod.gov.eg/mod/
Opinion: Agree
Comment:
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.
Researcher4143: The defence budget is a state secret and is not available in any form. Both the Financial Statement and ‘the preparation of the state budget 2014/15’ (Ministry of Finance) have been surveyed without finding information on the country's defence expenditure.
The military’s budget and expenditure are not subject to meaningful oversight. Under Law no. 32 of 1979, the military maintains its own commercial bank accounts, and its budget is kept independent of the rest of the government. Some resources, however, estimate the Egyptian military budget to revolve around $4.4 bn.
Daniel Brumberg and Hesham Sallam, “The Politics of Security Sector Reform in Egypt,” The United States Institute of Peace, October 2012, accessed August 10, 2014, http://www.usip.org/sites/default/files/SR318_0.pdf
Bassem Abo Alabass, “Egypt military budget allocations to reach LE31 bn in 2013/2014, military source tells Ahram Online,” May 29, 2013, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/3/0/72493/Business/0/-Egypt-military-budget-allocations-to-reach-LE-bn-.aspx
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
The Ministry of Finance, “Financial Statement,” June 2014, accessed August 10, 2014, http://www.mof.gov.eg/MOFGallerySource/Arabic/budget2014-2015/Financial_statement14-15.pdf
Mouhammad Menshawi, “Congress: The army and police budget must be publicly available before resuming aids,” Al Shourouk News, July 04, 2012, accessed August 11, 2014, http://www.shorouknews.com/news/view.aspx?cdate=04072012&id=a89dc5f9-0cba-4198-a3bb-17310bdd2148
The Ministry of Finance, “The preparation of the state budget 2014/15,” accessed August 10, 2014, http://www.mof.gov.eg/MOFGallerySource/Arabic/budget2014-2015/manshour_budget14-15.pdf
Omar Al Shobaki, “The Military Budget and Brotherhood,” Al Masri El Yom Newspaper, September 04, 2012, accessed August 11, 2014, http://www.almasryalyoum.com/news/details/190364
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?
Researcher4143: The internal rules of the Egyptian Parliament provide for the Committee for defence, National Security and National Mobilization in Article 36(6).
Article 44 defines the Committee's functions as covering the internal and external security of the State, the defence and armed forces' affairs, and legislation related to them. Article 203 of the Constitution, which establishes the National Defence Council, invites the heads of the Planning and Budgeting Committee and the National Security Committee at the Parliament to join the Council to discuss the budget. However, those provisions remain without applicable evidence of their implementation.
The Parliamentary Committee for defence, National Security and National Mobilization is not informed of matters related to the defence ministry's expenditure. The Committee members complain often about the deliberate marginalization of the legislature, and call for greater legislative involvement in the security and defence affairs and debates.
In addition, the power of those Committees is undermined for various reasons. Their independence is questionable because there are believed to be established connections and interests between its members and the defence and security officials in both the Security and Defence Councils (Sayigh/Salameh). Furthermore, the suspension of both the Parliament and the Constitution has limited the activities of both Committees and limited their impact on decision making.
The State Information Service, “The Constitution, accessed August 6, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
The Egyptian Parliament, “The Internal Rules,” accessed August 6, 2014, http://www.parliament.gov.eg/Bylaws_home.aspx
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Daniel Tovrov, “Egypt’s Military Creates Secretive National defence Council,” International Business Time, June 18, 2012, accessed August 6, 2014, http://www.ibtimes.com/egypts-military-creates-secretive-national-defence-council-703305
Bessan Kassab, “Regulatory Bodies in Egypt, who oversees who?” Aswat Masriya, March 31, 2014, accessed January 19, 2015, http://en.aswatmasriya.com/analysis/view.aspx?id=13d2c2f6-47fb-4498-90f7-7902ab035f9f
Sarah Deeb, “Egypt Parliament Election Suspended By Court,” The Huffington Post, June 03, 2013, accessed August 6, 2014, http://www.huffingtonpost.com/2013/03/07/egypt-parliament-election-suspended_n_2832611.html
Omar Al Shobaki, “The Military Budget and Brotherhood,” Al Masri El Yom Newspaper, September 04, 2012, accessed August 11, 2014, http://www.almasryalyoum.com/news/details/190364
Richard Spencer, “Egypt protests: army threatens to dissolve parliament and suspend constitution if no breakthrough in talks,” the Telegraph, July 02, 2013 accessed August 6, 2014, http://www.telegraph.co.uk/news/worldnews/africaandindianocean/egypt/10154617/Egypt-protests-army-threatens-to-dissolve-parliament-and-suspend-constitution-if-no-breakthrough-in-talks.html
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
Dr. Moutaz Salameh, “The Military and Politics in the Post-Mubarak Era,” Al-Ahram, October 01, 2012, accessed January 19, 2015, http://digital.ahram.org.eg/articles.aspx?Serial=1087910&eid=14143
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
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?
Researcher4143: The defence budget is classified as a state secret and is not available in any form. The military’s budget and expenditure are not subject to meaningful oversight. Under Law no. 32 of 1979, the military maintains its own commercial bank accounts, and its budget is independent of the rest of the government. Some sources estimate the Egyptian military budget to revolve around $4.4 bn. There are neither legal provisions nor a legal framework to allow or enhance the access to information in Egypt.
Beside the laws which prohibit the release of information related to military institutions (Law No. 14 of 1967 amending the first article of Law No. 313 of 1956, which prohibits the publication of any related news to the armed forces), access to information is suppressed under various legal codes and provisions, such as article 80(D) of the 2003 Penal Code. The article provides for the punishment of any Egyptian found to disclose news or information regarding the country’s internal situations, which may cause damage or harm to the country’s national security.
Civil society organizations in Egypt operate under strict conditions and limited rights and freedoms. Any attempt or approach to debate defence or security policy is deemed, by the authorities, as a breach of national security. Local media reporting reveals that CSOs have experienced blocks on grounds of national security for as basic information as requesting the number of students in Egypt from the Ministry of Education (Daily News Egypt, 26 June 2013).
Charles W. Dunne, “Hearing on the struggle for Civil Society in Egypt,” Freedom House, July 24, 2014, accessed August 6, 2014, http://freedomhouse.org/article/struggle-civil-society-egypt#.U-NhwFY0opE
Sarah El Masry, “Egypt’s right to information law,” Daily News Egypt, June 26, 2013, accessed August 6, 2014, http://www.dailynewsegypt.com/2013/06/26/egypts-right-to-information-law/
Sahar Aziz, “To Stop Corruption, Egypt Needs a Freedom of Information Law,” The Huffington Post, May 23, 2012, accessed August 6, 2014, http://www.huffingtonpost.com/sahar-aziz/to-stop-corruption-egypt-_b_1538999.html
The Centre for International Private Enterprise, “Freedom of Information and Transparency in Egypt,” accessed August 6, 2014, http://www.right2info.org/resources/publications/egypt-foi-and-transparency
Daniel Brumberg and Hesham Sallam, “The Politics of Security Sector Reform in Egypt,” The United States Institute of Peace, October 2012, accessed August 10, 2014, http://www.usip.org/sites/default/files/SR318_0.pdf
Bassem Abo Alabass, “Egypt military budget allocations to reach LE31 bn in 2013/2014, military source tells Ahram Online,” May 29, 2013, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/3/0/72493/Business/0/-Egypt-military-budget-allocations-to-reach-LE-bn-.aspx
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Association for Freedom of Thought and Expression, “Law No. 14 of 1967 amending the first article of Law No. 313 of 1956,” accessed August 16, 2014, http://right2know.afteegypt.org/index.php?newsid=42
Mouhammad Menshawi, “Congress: The army and police budget must be publicly available before resuming aids,” Al Shourouk News, July 04, 2012, accessed August 11, 2014, http://www.shorouknews.com/news/view.aspx?cdate=04072012&id=a89dc5f9-0cba-4198-a3bb-17310bdd2148
Omar Al Shobaki, “The Military Budget and Brotherhood,” Al Masri El Yom Newspaper, September 04, 2012, accessed August 11, 2014, http://www.almasryalyoum.com/news/details/190364
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?
Researcher4143: There is no publication of non-central government sources of funding.
Although the government, the Ministry of Defence, and the Ministry of Finance provide no information on defence income, there are frequent reports on Egypt's defence income in external resources. For instance, following the signing of Camp David peace accords between Egypt and Israel in 1979, Egypt received annual aid provided by the United States. Much of the aid went to the military and armaments projects. It has also been reported that Saudi Arabia and United Arab Emirates provided Egypt with monetary support for its arms purchases from Russia.
Such information is often obtained from media reports rather than official or governmental publications and channels, however.
Bel Trew, “Egypt Spends $2bn of Saudi money on Russian arms,” The Times, February 13, 2014, accessed August 11, 2014, http://www.thetimes.co.uk/tto/news/world/middleeast/article4004050.ece
Jermey M. Sharp, “Egypt: Background and U.S. Relations,” The Congressional Research Service, June 5, 2014, accessed August 11, 2014, http://fas.org/sgp/crs/mideast/RL33003.pdf
Egypt Independent, “KSA, UAE to finance Russian arms deal with Egypt,” February 07, 2014, accessed August 11, 2014, http://www.egyptindependent.com/news/ksa-uae-finance-russian-arms-deal-egypt
Max Fisher, “The cases for and against cutting U.S. aid to Egypt, explained,” Washington Post, August 15, 2013, accessed August 6, 2014, http://www.washingtonpost.com/blogs/worldviews/wp/2013/08/15/the-cases-for-and-against-cutting-u-s-aid-to-egypt-explained/
David Schenker, “Egypt’s Arms Deal with Russia: Potential Strategic Costs,” The Washington Institute, March 04, 2014, accessed August 6, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-arms-deal-with-russia-potential-strategic-costs
BBC News, “Putin backs Sisi bid for Egypt presidency,” February 13, 2014, accessed August 6, 2014, http://www.bbc.co.uk/news/world-middle-east-26171142
The Ministry of Defence, accessed August 6, 2014, http://www.mod.gov.eg/mod/
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
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)?
Researcher4143: No evidence of internal audits of defence ministry expenditure could be found. The military’s budget and expenditure are not subject to oversight. In addition, the parliamentary Committee for defence, National Security and National Mobilization is not informed of matters related to the defence ministry's expenditure, so if an audit were conducted, it would be unlikely to be effectively overseen by parliament (Al Shobaki).
Bassem Abu Alabass, “Egypt military budget allocations to reach LE31 bn in 2013/2014, military source tells Ahram Online,” May 29, 2013, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/3/0/72493/Business/0/-Egypt-military-budget-allocations-to-reach-LE-bn-.aspx
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Mouhammad Menshawi, “Congress: The army and police budget must be publicly available before resuming aids,” Al Shourouk News, July 04, 2012, accessed August 11, 2014, http://www.shorouknews.com/news/view.aspx?cdate=04072012&id=a89dc5f9-0cba-4198-a3bb-17310bdd2148
Omar Al Shobaki, “The Military Budget and Brotherhood,” Al Masri El Yom Newspaper, September 04, 2012, accessed August 11, 2014, http://www.almasryalyoum.com/news/details/190364
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there effective and transparent external auditing of military defence expenditure?
Researcher4143: No evidence of external audit could be found.
The Egyptian Government, the Egyptian Parliament, the Ministry of Defence and the Ministry of Finance websites have been surveyed along with other related sources. No evidence of external audit could be found. The Constitution states, in Article 203 (which establishes the National defence Council), that the President of the Republic has the power to invite any person having relevant expertise to attend the National defence Council’s meetings. However, such an expert has no right to vote on any of the Council’s decisions.
The State Information Service, “The Constitution, accessed August 6, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
The Egyptian Parliament, accessed January 20, 2015, http://www.parliament.gov.eg
The Egyptian Government, accessed January 20, 2015, http://www.egypt.gov.eg/English/Home.aspx
Ministry of Defence, accessed August 12, 2014, http://www.mod.gov.eg
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: It has been estimated that the army and defence institutions control approximately 45 to 60 per cent of the country's economy. Except the Suez Canal, which is considered a military zone, and the enterprises owned by the military (hence financial interest in law), the interest of the defence institutions in natural resources remain a matter of practice. The army controls all undeveloped non-agricultural land in Egypt and has established interest in the natural resources such as oil, natural gas and coal. The army has shown significant interest recently in developing the Suez Canal, which has traditionally been managed by retired officers. Information about these financial interests has been made available from foreign media reports and news rather than official statements however, and has not been subject to any kind of scrutiny.
A range of evidence shows that the Egyptian army and defence institutions lead various enterprises and own a complex network of businesses and factories. Their profits and scope have never been disclosed to the public. Moreover, there is evidence to suggest that some military officers from all ranks owned their own enterprises and many have significantly benefited from political access to public infrastructure and facilities to increase the profits. For instance, there is a clear risk from the fact that 18 out of 27 governors come from military backgrounds (retired army generals). The same case applies to the oil and gas sectors which are owned by the state, the Suez Canal and other major shipment companies.
Nimrod Raphaeli, “Egyptian Army’s Pervasive Role in National Economy,” The Middle East Media Research Institute, 29 July, 2013, accessed August 13, 2014, http://www.memri.org/report/en/print7313.htm
Shana Marshall & Joshua Stacher, “Egypt’s Generals and Transnational Capital,” Middle East Research and Information, accessed August 13, 2014, http://www.merip.org/mer/mer262/egypts-generals-transnational-capital
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
OECD (2013), State-Owned Enterprises in the Middle East and North Africa: Engines of Development and Competitiveness?, OECD Publishing
Abigail Hauslohner, “Egypt’s ‘Military Inc’ expands its control of the economy,” The Guardian, March 18, 2014, accessed August 10, 2014, http://www.theguardian.com/world/2014/mar/18/egypt-military-economy-power-elections
Stephen Kalin & Yasmine Saleh, “Egypt awards Suez hub project to consortium that includes army: soures,” Thomson Reuters, August 3, 2014, accessed August 13, 2014, http://www.reuters.com/article/2014/08/03/us-egypt-suezcanal-idUSKBN0G30HY20140803
Joshua Hammer and Amina Ismail, “Egypt: Who Calls the Shots?” The New York Review of Books, August 18, 2011, accessed January 19, 2015, http://www.nybooks.com/articles/archives/2011/aug/18/egypt-who-calls-shots/?page=1
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
Ahmed Morsy, “The Military Crowds Out Civilian Business in Egypt,” Carnegie Endowment for International Peace, June 24, 2014, accessed August 12, 2014, http://carnegieendowment.org/2014/06/24/military-crowds-out-civilian-business-in-egypt
Opinion: Agree with Comments
Comment: Individuals within the military may not have a direct interest in businesses per say - or at least not on paper. The latest Sissi leaks although not directly related to the exploitation of natural resources indicate at the personal interference of some army generals and high ranking officers in the finances of the country whether it be for business purposes, foreign aid or for arms purchases.
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?
Researcher4143: Though the Ministry of Defence occasionally reports that there are military efforts to counter smuggling, especially involves arms and drugs, there is evidence to suggest there has been some penetration of organized crime into the defence and security sector. This appears to have been mainly through the involvement of some army and police personnel in drug smuggling.
There appear to have been some efforts to address this issue, although it is not clear how prepared the government has been to tackle it. The efficiency of such efforts has been called into question by media commentators as the problem appeared to be ongoing at the time of research. There has also been a significant lack of transparency regarding case details, procedures and outcomes for cases where other criminal conduct was prosecuted. For instance, in Case Nr. 73/2012 (Military Court/Alexandria), 11 individuals and army personnel were presented before the Military Court in Alexandria for smuggling drugs in commercial containers. The outcome of the case is unknown. These issues are likely to reflect on both the capacity and determination of the Ministry of Defence to tackle organised crime within the defence institutions.
The Ministry of Defence, ‘The Military efforts to combat trafficking for the period from 1/02/2015 to 19/03/2015,’ accessed July 27, 2015, http://www.mod.gov.eg/mod/ConfDetails.aspx?id=23733
Mark Perry, “Looking for Hashish in Cairo? Talk to The Police,” Foreign Policy, August 23, 2013, access August 13, 2014, http://www.foreignpolicy.com/articles/2013/08/23/the_hidden_power_of_egypt_s_drug_running_cops%20
Mouhammad Saad Khattab, “Drug smuggling in containers that belongs to the army under the guise of the Arab Organization for Industrialization,” Sawt El-Ummah News, November 11, 2012, accessed August 13, 2014, http://www.soutalomma.com/articles/فضيحة-تهريب-المخدرات-فى-حاويات-تسليح-الجيش-تحت-غطاء-الهيئة-العربية-للتصنيع
The Egyptian Ministry of Defence, “Border guards seized 995 pieces of weapons before being smuggled into Egypt,” June 09, 2014, accessed August 13, 2014, http://www.mod.gov.eg/mod/NewsDetails.aspx?id=27554
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?
Researcher4143: In theory, the Inspection Authority in Armed Forces is responsible for investigating corruption and organized crime within the defence services. Offenders are to be presented before the Military Court, according to Article 204 of the Constitution. By virtue of Article 8 of Military Justice Law No. 25 of 1966, military courts have exclusive jurisdiction over corruption conducted by army personnel. The outcome of those cases is unknown.
Although there is no information or evidence on the independence, staffing and funding of the Inspection Authority of the Armed Forces, there is substantive evidence to suggest that there is a lack of military judicial independence that fails to meet international standards guaranteeing the right to an independent and impartial judiciary. A range of evidence similarly indicates that there has been a lack of transparency in the case details, procedures and outcomes of prosecutions for other criminal conduct, highlighting the wider issues with military judicial independence. It must also be noted here that the Ministry of Defence occasionally reports that there are military efforts to counter smuggling, especially involving arms and drugs. The efficiency of these efforts has been called into question as the problem appeared to be ongoing at the time of research.
The Administrative Control Authority, which is deemed to be the highest oversight agency in Egypt, assists in conducting investigations on illegal gain cases and financial operations that might include money laundering crimes within the state administrative bodies and other public associations and institutions. However, its efficiency has been challenged as the outcome of many cases the Authority has investigated has been unknown. The composition of Authority staff also suggests close ties with the defence sector and top management posts in the state. For instance, the Authority has been presided in the past by Army general (Muhammad Farid Al Tuhami) and Mr. Mustafa Abdul Fatah El-Sisis (the son of the Egyptian president) works in it as an officer. The armed forces, however, are exempted from the Authority’s jurisdictions.
The International Bar Association Human Rights Institute (IBAHRI), “Separating Law and Politics: Challenges to the Independence of Judges and Prosecutors in Egypt,” February 2014.
The State Information Service, “The Constitution, accessed August 13, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
Mouhammad Saad Khattab, “Drug smuggling in containers that belongs to the army under the guise of the Arab Organization for Industrialization,” Sawt El-Ummah News, November 11, 2012, accessed August 13, 2014, http://www.soutalomma.com/articles/فضيحة-تهريب-المخدرات-فى-حاويات-تسليح-الجيش-تحت-غطاء-الهيئة-العربية-للتصنيع
Mahmoud Kandil, “The Judiciary in Egypt Pursuing Reform and Promoting Independence,” Arab Reform Initiative, July 2012, accessed August 12, 2014, http://www.arab-reform.net/sites/default/files/Judiciary_Egypt_M%20Kandil_July12_Final_En.pdf
Human Rights Watch, “Egypt: Investigative Police, Military Killings of 51; Accountability Essential to Break Cycle of Impunity,” July 14, 2013, acceded January 20, 2015, http://www.hrw.org/news/2013/07/14/egypt-investigate-police-military-killings-51
Administrative Control Authority, ‘The Functions of Administrative Control Authority according to the law 54/1964’ accessed 28/07/2015, http://www.aca.gov.eg/english/About/Pages/TermsOfReference.aspx
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
Nizar Mank and Geremy Hodge, ‘El Sisi and his 40 thieves: why corruption continues in Cairo?, June 26, 2015, accessed 28/07/2015, http://raqeb.co/2015/06/%D8%A7%D9%84%D8%B3%D9%8A%D8%B3%D9%8A-%D9%88%D9%84%D8%B5%D9%88%D8%B5%D9%87-%D8%A7%D9%84%D8%A3%D8%B1%D8%A8%D8%B9%D9%88%D9%86-%D9%84%D9%85%D8%A7%D8%B0%D8%A7-%D9%8A%D8%B3%D8%AA%D9%85%D8%B1-%D8%A7%D9%84%D9%81%D8%B3%D8%A7%D8%AF-%D9%81%D9%8A-%D8%A7%D9%84%D9%82%D8%A7%D9%87%D8%B1%D8%A9%D8%9F
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are the policies, administration, and budgets of the intelligence services subject to effective, properly resourced, and independent oversight?
Researcher4143: The Egyptian intelligence services remain outside the sphere of the law and are excluded from official or independent oversight.
There is no evidence of internal controls within the intelligence services. Further, the intelligence and security officers and personnel enjoy immunity from prosecution. Questioning the practices, policies, administration, and budgets of the intelligence services is deemed to breach national security concerns - media reports show even basic matters such as inquiring about the number of students in Egypt from the ministry of education have been considered ‘a matter of national security.’ (Daily News Egypt, June 2013)
Federation of American Scientists, “Egypt: Intelligence Agencies,” accessed August 13, 2014, http://fas.org/irp/world/egypt/
Library of Congress Country Studies, “Egypt: National Security,” accessed August 13, 2014, http://lcweb2.loc.gov/cgi-bin/query/r?frd/cstdy:@field(DOCID+eg0010
Omar Ashour, “Military Institutions in Egyptian Constitutions 1923-2013,” Broking Institution, January 14, 2014, accessed August 13, 2014, http://www.brookings.edu/ar/research/opinions/2014/01/14-egypt-security-insitutions-constitutions-ashour
Ousama Diab, “The Crooks Return to Cairo,” Foreign Policy, February 7, 2014, accessed August 13, 2014, http://www.foreignpolicy.com/articles/2014/02/07/the_crooks_return_to_cairo_hussein_salem_egypt
Human Rights Watch, “Egypt: Investigative Police, Military Killings of 51; Accountability Essential to Break Cycle of Impunity,” July 14, 2013, acceded January 20, 2015, http://www.hrw.org/news/2013/07/14/egypt-investigate-police-military-killings-51
Mahmoud Kandil, “The Judiciary in Egypt Pursuing Reform and Promoting Independence,” Arab Reform Initiative, July 2012, accessed August 12, 2014, http://www.arab-reform.net/sites/default/files/Judiciary_Egypt_M%20Kandil_July12_Final_En.pdf
Mohamed El Ansary and Mohamed Ahmed Zaree, “Criminalizing the Egyptian Revolution: Commentary on the Five Draft Laws Restricting Freedom of Expression and Assembly in Egypt,” Cairo Institute for Human Rights Studies, October 2012, accessed January 22, 2015, http://www.cihrs.org/wp-content/uploads/2012/11/Report-Summary-commentary-on-5-draft-laws-egypt-oct2012-final.pdf
Sarah El Masry, “Egypt’s right to information law,” Daily News Egypt, June 26, 2013, accessed August 6, 2014, http://www.dailynewsegypt.com/2013/06/26/egypts-right-to-information-law/
Sahar Aziz, “To Stop Corruption, Egypt Needs a Freedom of Information Law,” The Huffington Post, May 23, 2012, accessed August 6, 2014, http://www.huffingtonpost.com/sahar-aziz/to-stop-corruption-egypt-_b_1538999.html
Taha Abdel Alim, “Egypt needs public access to information,” Ahram Online, June 20, 2011, accessed August 6, 2014, http://english.ahram.org.eg/NewsContentP/4/14674/Opinion/Egypt-needs-public-access-to-information.aspx
The Centre for International Private Enterprise, “Freedom of Information and Transparency in Egypt,” accessed August 6, 2014, http://www.right2info.org/resources/publications/egypt-foi-and-transparency
Sarah El Masry, “Egypt’s right to information law,” Daily News Egypt, June 26, 2013, accessed August 6, 2014, http://www.dailynewsegypt.com/2013/06/26/egypts-right-to-information-law/
&quoute;The intelligence and security officers and personnel enjoy immunity from prosecution.&quoute;
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: In theory, Articles 13 and 14 of Law No. 100 of 1971 concerning the Egyptian General Intelligence services regulate the selection criteria. However, senior positions within the Egyptian General Intelligence Service are some of the most powerful and privileged positions in Egypt, and appointees to these posts are reported to be often selected based on their loyalty and obedience to the regime.
There is no evidence to suggest the existence of mechanisms or provisions to review whether they acquired the necessary skills for their roles. Senior positions appointment falls within the discretion of the President and the Chief of Intelligence by virtue of Article 7 of the Law No. 100 of 1971.
Middle East Eye, “Egyptian ex-generals mull launching political parties,” April 25, 2014, accessed August 12, 2014, http://www.middleeasteye.net/news/egyptian-ex-generals-mull-launching-political-parties-1815411425
Gilad Wenig, “Egypt’s New Military Brass,” The Washington Institute for Near East Policy, March 26, 2014, accessed August 12, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-new-military-brass
Global Security, General Intelligence Service (GIS) Mukhabarat, accessed August 12, 2014, http://www.globalsecurity.org/intell/world/egypt/gis.htm
David Kirkpatrick, “Ousted General in Egypt Is Back, as Islamists Foe,” The New York Times, October 30, 2013, accessed August 12, 2014, http://www.nytimes.com/2013/10/30/world/middleeast/ousted-general-in-egypt-is-back-as-islamists-foe.html?pagewanted=all&_r=0
David Kirkpatrick, “Egypt’s President Replaces Influential Intelligence Chief,” New York Times, December 21, 2014, accessed January 20, 2015, http://www.nytimes.com/2014/12/22/world/middleeast/egypts-president-replaces-intelligence-chief.html
Louisa Loveluck, “Egypt’s Intelligence Agency: Emerging from the Shadows,” Chatham House – The Royal Institute of International Affairs”, July 20, 2012, accessed January 20, 2015, https://www.chathamhouse.org/media/comment/view/184865
Gary Thomas, “Analysts Assess Role of Egyptian Intelligence Services in Crisis,” Voice of America, February 01, 2011, accessed January 20, 2015, http://www.voanews.com/content/spy-apparatus-critical-in-egyptian-crisis-115134599/134440.html
Ahmad Abdul Azim Amer, “Law No. 100 of 1971 concerning the Egyptian General Intelligence,” Al Ahram Online, July 10, 2012, accessed January 20, 2015, http://gate.ahram.org.eg/News/229699.aspx
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does the government have a well-scrutinised process for arms export decisions that aligns with international protocols, particularly the Arms Trade Treaty (ATT)?
Researcher4143: Arms trade in Egypt is not subject to any clear parliamentary oversight or national measures regulating related transactions.
Notably, Egypt has not signed the Arms Trade Treaty (ATT). It appears unlikely to sign the treaty since it has raised objections about many aspects of the treaty, which commentary indicates to be based on its perceptions of the power imbalance in the Middle East. While military factories such as the Arab Organization for Industrializations have been exporting some of its productions (such as armoured vehicles and RPGs) to Arab and African countries, there is no evidence to suggest that those transactions are subject to an established process in which the involvement of the exports in any actions constituting an offence under international conventions or protocols is examined and scrutinised.
There is also no available information to suggest that the diversion of those exports to parties who may be involved in illicit activities such as organised crime has been given any consideration, especially in cases where arms were exported to Libya.
&quoute;Egypt: Arms Treaty Issues & Positions&quoute;, Arms Trade Treaty Negotiation Mapping Database. 2nd April 2013, http://armstreaty.org/state/egypt/
General Assembly, “International Arms Trade Treaty Aim of Draft Resolution,” October 26, 2006, accessed August 13, 2014, http://www.un.org/News/Press/docs/2006/gadis3335.doc.htm
Peter Crall & Miles A. Pomper, “The Middle East Nonproliferation: An Interview with Nabil Fahmy, Egypt’s Ambassador to the United States,” Arms Control Association, September 2008, accessed August 13, 2014, http://www.armscontrol.org/act/2008_09/Fahmy
Egyptian Initiative for Personal Rights, “What is the Role of Egypt in the Negotiations of the International Arms Trade Treaty in New York,” July 17, 2012, accessed August 13, 2014, http://eipr.org/en/pressrelease/2012/07/17/1455
Al-Jazeera TV, ‘Egyptian Arms to Libya’ May 22, 2015, accessed July 28, 2015, http://www.aljazeera.net/news/arabic/2015/5/21/%D8%AA%D8%B3%D8%B1%D9%8A%D8%A8-%D8%B3%D9%84%D8%A7%D8%AD-%D9%85%D8%B5%D8%B1%D9%8A-%D9%84%D9%84%D9%8A%D8%A8%D9%8A%D8%A7-%D8%B9%D8%A8%D8%B1-%D8%AF%D8%AD%D9%84%D8%A7%D9%86-%D9%88%D8%AF%D9%88%D9%84%D8%A9-%D8%AE%D9%84%D9%8A%D8%AC%D9%8A%D8%A9
Al-Jazeera, 'Audio leaks 'show UAE and Egypt shipped arms to Haftar'' May 22, 2015 http://www.aljazeera.com/news/2015/05/audio-leaks-show-uae-egypt-shipped-arms-haftar-150522004256136.html
Mohammed Al Muraghi ‘Armed veicles and Missiles to Kuwat, Saudi and Oman,’ October 13, 2013, accessed July 28, 2015, http://www.alaan.cc/pagedetails.asp?cid=46&nid=155756
Opinion: Agree with Comments
Comment: There is no parliamentary body functional at this moment to review various arms purchases, and there is no clear cut evidence that corruption is treated as an issue in the arms trade sector in Egypt.
Suggested score:
Opinion: Agree with Comments
Comment: Egypt was one of the problematic states during the negotiation of the arms tread treaty. there is no evidence/indication that Egypt will join the ATT in the near future.
arms exportation in Egypt is not acceded to public including the amounts and income of such selling, these information does not appear even in the general budget of Egypt.
some leaks of undated conversation between minister of defence office director (general Abbas Kamel and unknown United Arab Emirates official) indicated arms exportation/transfer to party of the conflict in Libya.(from minute 5:30)
https://www.youtube.com/watch?v=G1i1-mzaEwo#t=459
Suggested score:
How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?
Researcher4143: The Ministry of Defence, the Ministry of Finance, and Parliament websites were surveyed and no related directives or laws that regulate asset disposal procedures could be found.
Egyptian civil society organizations operate under strict conditions and limited rights and freedoms. Moreover, there are neither provisions nor the legal framework to allow access to information in Egypt. Therefore, such procedures remain a matter of speculation.
The Egyptian Parliament, accessed August 12, 2014, http://www.parliament.gov.eg
Ministry of Finance, accessed August 12, 2014, http://www.mof.gov.eg
Ministry of Defence, accessed August 12, 2014, http://www.mod.gov.eg
Charles W. Dunne, “Hearing on the struggle for Civil Society in Egypt,” Freedom House, July 24, 2014, accessed August 6, 2014, http://freedomhouse.org/article/struggle-civil-society-egypt#.U-NhwFY0opE
Sarah El Masry, “Egypt’s right to information law,” Daily News Egypt, June 26, 2013, accessed August 6, 2014, http://www.dailynewsegypt.com/2013/06/26/egypts-right-to-information-law/
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: In theory, the Inspection Authority in the Armed Forces is responsible for investigating and scrutinizing any misconduct in defence establishments in relation to asset disposals. However, there is no evidence of such oversight procedures and the financial affairs of the defence establishment are treated as state secrets.
Under Law no. 32 of 1979, the military maintains its own commercial bank accounts, and its budget is independent of the rest of the government. Further, Law No. 121 of 1975 concerning the protection of official documents and the mechanism of its distribution prohibits, in article 2, the distribution of any materials that might harm the national security or the country’s military, political, diplomatic or economic status.
Daniel Brumberg and Hesham Sallam, “The Politics of Security Sector Reform in Egypt,” The United States Institute of Peace, October 2012, accessed August 10, 2014, http://www.usip.org/sites/default/files/SR318_0.pdf
The Centre for International Private Enterprise, “Freedom of Information and Transparency in Egypt,” accessed August 6, 2014, http://www.right2info.org/resources/publications/egypt-foi-and-transparency
Association for Freedom of Thought and Expression, “Law No. 121 of 1975,” accessed August 16, 2014, http://right2know.afteegypt.org/index.php?newsid=42
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: The defence budget itself is treated is a state secret and is unavailable in any form. It is therefore hard, if not impossible, to find any information regarding the percentage of defence and security expenditures that are dedicated to spending on secret items related to national security and the intelligence services.
Further, evidence shows that the military’s budget and expenditure are not subject to meaningful oversight overall. For instance, under Law no. 32 of 1979, the military maintains its own commercial bank accounts, and its budget is independent of the rest of the government.
Daniel Brumberg and Hesham Sallam, “The Politics of Security Sector Reform in Egypt,” The United States Institute of Peace, October 2012, accessed August 10, 2014, http://www.usip.org/sites/default/files/SR318_0.pdf
Bassem Abo Alabass, “Egypt military budget allocations to reach LE31 bn in 2013/2014, military source tells Ahram Online,” May 29, 2013, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/3/0/72493/Business/0/-Egypt-military-budget-allocations-to-reach-LE-bn-.aspx
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
The Ministry of Finance, “Financial Statement,” June 2014, accessed August 10, 2014, http://www.mof.gov.eg/MOFGallerySource/Arabic/budget2014-2015/Financial_statement14-15.pdf
Mouhammad Menshawi, “Congress: The army and police budget must be publicly available before resuming aids,” Al Shourouk News, July 04, 2012, accessed August 11, 2014, http://www.shorouknews.com/news/view.aspx?cdate=04072012&id=a89dc5f9-0cba-4198-a3bb-17310bdd2148
The Ministry of Finance, “The preparation of the state budget 2014/15,” accessed August 10, 2014, http://www.mof.gov.eg/MOFGallerySource/Arabic/budget2014-2015/manshour_budget14-15.pdf
Omar Al Shobaki, “The Military Budget and Brotherhood,” Al Masri El Yom Newspaper, September 04, 2012, accessed August 11, 2014, http://www.almasryalyoum.com/news/details/190364
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: As with all other defence expenditure, the legislature is provided with no information on spending on secret items.
Article 36(6) of the Internal Rules of the Egyptian Parliament provide for the Committee for defence, the National Security and National Mobilization. Evidence shows its members are not consulted or made aware of the defence expenditures and the budget however, including information on secret items.
Bassem Abo Alabass, “Egypt military budget allocations to reach LE31 bn in 2013/2014, military source tells Ahram Online,” May 29, 2013, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/3/0/72493/Business/0/-Egypt-military-budget-allocations-to-reach-LE-bn-.aspx
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Mouhammad Menshawi, “Congress: The army and police budget must be publicly available before resuming aids,” Al Shourouk News, July 04, 2012, accessed August 11, 2014, http://www.shorouknews.com/news/view.aspx?cdate=04072012&id=a89dc5f9-0cba-4198-a3bb-17310bdd2148
Omar Al Shobaki, “The Military Budget and Brotherhood,” Al Masri El Yom Newspaper, September 04, 2012, accessed August 11, 2014, http://www.almasryalyoum.com/news/details/190364
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: Legislators are believed not to be informed on any matters related to the security sector.
Media reporting indicates that members of the Committee for defence, National Security and National Mobilization have often raised complaints about the deliberate marginalization of the legislature, and called for greater legislative involvement in the security and defence affairs and debates.
Omar Al Shobaki, “The Military Budget and Brotherhood,” Al Masri El Yom Newspaper, September 04, 2012, accessed August 11, 2014, http://www.almasryalyoum.com/news/details/190364
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: Generally speaking, the military budget remains unknown to both the legislature and the public. However, the military owns a wide network of enterprises whose profits are invested in what is known as ‘Special Funds’ boxes. Such income is not reported on.
Although &quoute;Law No. 139 of 2006 Amending Law No. 127 of 1981 of Government Accountability&quoute; requires the funds to be placed under the supervision of the general budget in the Ministry of Finance, the defence sector benefits from Law No. 32 of 1979, which permits the military to maintain its own commercial bank accounts and for its budget to remain independent.
According to the evidence, both laws are still in use, though they seem to be in contravention.
Sayed Saleh, “Adventures in the Special Funds Boxes,” Al-Ahram, February 29, 2012, accessed August 10, 2014, http://digital.ahram.org.eg/articles.aspx?Serial=815305&eid=1439
Daniel Brumberg and Hesham Sallam, “The Politics of Security Sector Reform in Egypt,” The United States Institute of Peace, October 2012, accessed August 10, 2014, http://www.usip.org/sites/default/files/SR318_0.pdf
Shaima’a Sha’aban, “Military Zone: Forbidden to Approach or Photograph,” The Egyptian People, May 08, 2013, accessed August 18, 2014, http://www.egyptianpeople.com/default_news.php?id=55203#sthash.cNd7MEGl.dpbs
Dr. Adel Amer, “Police budget increased after January 25: why its personnel have revolted?” Al-Mesryoon Newspaper, May 29, 2014, accessed August 18, 2014, http://almesryoon.com/السياسية/53-وجهة-نظر/483259-ميزانية-الشرطة-زادت-من-بعد-25-يناير-فلماذا-يثور-أفرادها
Amr Abdel Radi, “20 billion EP of the budget of the Monistry of Interior is lost in the corridors of the general budget,” Al-Ahali Newspaper, October 05, 2010, accessed August 18, 2014, http://www.masress.com/alahaly/7210
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: Article 124 of the Egyptian Constitution obliges any state body and authority to include any income or expenses within the general budget of the country without any exemptions. Article 125 of the Constitution obliges the government to pass the general budget before the parliament.
In May 2011, the supreme council of the army, who was managing the country at that time, issued a decree editing the military judiciary law to put all corruption investigations and judgments involving any army officer (in service or retired) under the military prosecution and judiciary only.
Suggested score:
In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?
Researcher4143: There are substantial off-budget military expenditures in Egypt and there is evidence this involves illicit economic activity.
The military budget remains unknown to both the legislature and the public. However, the military owns a wide network of enterprises whose profits are invested in what is known as ‘Special Funds’ boxes. Such procedure is not reported on. Although Law No. 139 of 2006 Amending Law No. 127 of 1981 of Government Accountability requires the funds to be places under the supervision of the general budget in the Ministry of Finance, the defence sector benefits from law number Law No. 32 of 1979 which permits the military to maintain its own commercial bank accounts and for its budget to remain independent.
According to the evidence, both laws are still in use, though they seem to be in contravention.
Shaima’a Sha’aban, “Military Zone: Forbidden to Approach or Photograph,” The Egyptian People, May 08, 2013, accessed August 18, 2014, http://www.egyptianpeople.com/default_news.php?id=55203#sthash.cNd7MEGl.dpbs
Dr. Adel Amer, “Police budget increased after January 25: why its personnel have revolted?” Al-Mesryoon Newspaper, May 29, 2014, accessed August 18, 2014, http://almesryoon.com/السياسية/53-وجهة-نظر/483259-ميزانية-الشرطة-زادت-من-بعد-25-يناير-فلماذا-يثور-أفرادها
Amr Abdel Radi, “20 billion EP of the budget of the Ministry of Interior is lost in the corridors of the general budget,” Al-Ahali Newspaper, October 05, 2010, accessed August 18, 2014, http://www.masress.com/alahaly/7210
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
OECD (2013), State-Owned Enterprises in the Middle East and North Africa: Engines of Development and Competitiveness?, OECD Publishing
The Federation of American Scientists, “Ministry of Military Production,” accessed August 12, 2014, http://fas.org/nuke/guide/egypt/agency/mmp.htm
Abigail Hauslohner, “Egypt’s ‘Military Inc’ expands its control of the economy,” The Guardian, March 18, 2014, accessed August 10, 2014, http://www.theguardian.com/world/2014/mar/18/egypt-military-economy-power-elections
Sarah A. Topol, “In Egypt, the Military Means (Big) Business,” Bloomberg Businessweek, March 13, 2014, accessed August 12, 2014, http://www.businessweek.com/articles/2014-03-13/in-egypt-the-military-means-big-business
Ahmed Morsy, “The Military Crowds Out Civilian Business in Egypt,” Carnegie Endowment for International Peace, June 24, 2014, accessed August 12, 2014, http://carnegieendowment.org/2014/06/24/military-crowds-out-civilian-business-in-egypt
Middle East Monitor, “Die Welt: Egypt’s army is its real economic power,” February 10, 2014, accessed August 12, 2014, https://www.middleeastmonitor.com/news/europe/9680-die-welt-egypts-army-is-its-real-economic-power
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: The Egyptian law has range of provisions that relate to information and the protection of national security. For instance, Law No. 121 of 1975 concerning the protection of official documents and the mechanism of their distribution, prohibits, in article 2, the distribution or publishing of any materials that might harm the national security or the country’s military, political, diplomatic or economic status. However, no evidence suggests that these mechanisms, when employed, are subject to scrutiny. Further, Law No. 96 of 1996 concerning the regulation of the press has provisions that restrict journalism on a national security basis. Law No. 14 of 1967 amending the first article of Law No. 313 of 1956 prohibits the publication of any news related to the armed forces.
These laws and provisions lack the mechanism to identify what constitutes &quoute;national security&quoute; however. They also lack provisions identifying who is responsible of classifying any information as such. This enhances the risk that the term ‘national security’ can be used arbitrarily to classify any actions that threaten the existing and established political system.
Charles W. Dunne, “Hearing on the struggle for Civil Society in Egypt,” Freedom House, July 24, 2014, accessed August 6, 2014, http://freedomhouse.org/article/struggle-civil-society-egypt#.U-NhwFY0opE
Association for Freedom of Thought and Expression, “Law No. 121 of 1975,” accessed August 16, 2014, http://right2know.afteegypt.org/index.php?newsid=42
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: The military is widely considered to be the uncontested economic power in Egypt. The army and defence institutions are believed to control approximately 45 to 60 per cent of the country's economy. For instance, the Ministry of Military Production supervises, through the National Organization for Military Production, 16 factories that produce both civilian and military goods. In June 2015, the Minister of Defence issued decree number 68 of year 2015 to exempt military facilities from real estate tax, including clubs and hotels.
The army and defence institutions lead various enterprises and own a complex network of businesses and factories. Evidence indicates this has enabled it (the military) to position its allies, mostly retired generals and officers, in key economic posts and to expand its influence and impact over government development projects. As with the defence budget, commercial businesses and their profits have not been publicly declared nor can they be considered either wholly or partly transparent.
RESPONSE TO PEER REVIEWER: Discussion updated and supporting source added.
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Joshua Hammer and Amina Ismail, “Egypt: Who Calls the Shots?” The New York Review of Books, August 18, 2011, accessed January 19, 2015, http://www.nybooks.com/articles/archives/2011/aug/18/egypt-who-calls-shots/?page=1
Nimrod Raphaeli, “Egyptian Army’s Pervasive Role in National Economy,” The Middle East Media Research Institute, 29 July, 2013, accessed August 13, 2014, http://www.memri.org/report/en/print7313.htm
Abigail Hauslohner, “Egypt’s ‘Military Inc’ expands its control of the economy,” The Guardian, March 18, 2014, accessed August 10, 2014, http://www.theguardian.com/world/2014/mar/18/egypt-military-economy-power-elections
Shana Marshall & Joshua Stacher, “Egypt’s Generals and Transnational Capital,” Middle East Research and Information, accessed August 13, 2014, http://www.merip.org/mer/mer262/egypts-generals-transnational-capital
Abigail Hauslohner, “Egypt’s ‘Military Inc’ expands its control of the economy,” The Guardian, March 18, 2014, accessed August 10, 2014, http://www.theguardian.com/world/2014/mar/18/egypt-military-economy-power-elections
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
Samer Atallah, “Seeking Wealth, Taking Power,” Carnegie Endowment for International Peace, November 18, 2014, accessed January 20, 2015, http://carnegieendowment.org/sada/index.cfm?fa=show&article=57252&solr_hilite=
Al-Masry Al-Youm, &quoute;defence Minister exempts 574 military installations from real estate tax&quoute;, Egypt Independent (edited translation), June 3, 2015. http://www.egyptindependent.com/news/defence-minister-exempts-574-military-installations-real-estate-tax
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: In June 2015, the Minister of Defence issued decree number 68 of year 2015 to exempt military facilities from real estate tax including clubs and hotels.
Suggested score:
Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?
Researcher4143: As with the defence budget, there is no evidence to suggest that military-owned businesses are subject to any scrutiny or auditing processes.
The military is widely considered to be the uncontested economic power in Egypt, which enables it to position its allies, mostly retired generals and officers, in key economic posts. Independent research and media commentary shows this has allowed the military to expand its influence and impact over government development deals (Hauslohner/Sayigh/Atallah).
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
Samer Atallah, “Seeking Wealth, Taking Power,” Carnegie Endowment for International Peace, November 18, 2014, accessed January 20, 2015, http://carnegieendowment.org/sada/index.cfm?fa=show&article=57252&solr_hilite=
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
OECD (2013), State-Owned Enterprises in the Middle East and North Africa: Engines of Development and Competitiveness?, OECD Publishing
The Federation of American Scientists, “Ministry of Military Production,” accessed August 12, 2014, http://fas.org/nuke/guide/egypt/agency/mmp.htm
Abigail Hauslohner, “Egypt’s ‘Military Inc’ expands its control of the economy,” The Guardian, March 18, 2014, accessed August 10, 2014, http://www.theguardian.com/world/2014/mar/18/egypt-military-economy-power-elections
Sarah A. Topol, “In Egypt, the Military Means (Big) Business,” Bloomberg Businessweek, March 13, 2014, accessed August 12, 2014, http://www.businessweek.com/articles/2014-03-13/in-egypt-the-military-means-big-business
Ahmed Morsy, “The Military Crowds Out Civilian Business in Egypt,” Carnegie Endowment for International Peace, June 24, 2014, accessed August 12, 2014, http://carnegieendowment.org/2014/06/24/military-crowds-out-civilian-business-in-egypt
Middle East Monitor, “Die Welt: Egypt’s army is its real economic power,” February 10, 2014, accessed August 12, 2014, https://www.middleeastmonitor.com/news/europe/9680-die-welt-egypts-army-is-its-real-economic-power
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: There are no provisions to outlaw private enterprise under the umbrella of the state’s defence and security sectors.
There is evidence to suggest that some military officers, across all ranks, own their own enterprises and benefit significantly from the use of public infrastructure and facilities to increase profits. Furthermore, a network of military retirees either preside over or supervise government commercial enterprises and facilities, or participated in consultancy contracts. This practice may extend to include forming private companies to capture subcontracts.
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Ahmed Morsy, “The Military Crowds Out Civilian Business in Egypt,” Carnegie Endowment for International Peace, June 24, 2014, accessed August 12, 2014, http://carnegieendowment.org/2014/06/24/military-crowds-out-civilian-business-in-egypt
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: No evidence could be found to suggest that commitments to anti-corruption and integrity measures are or were made by senior ministry of defence or armed forces staff. The Ministry of Defence occasionally reports the military's efforts to counter smuggling, especially involving arms and drugs.
Ministry of Defence, accessed August 12, 2014, http://www.mod.gov.eg
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: Bribery and corruption remain one of the main factors challenging economic development in the country.
Some formal measures are in place for personnel found to have taken part in forms of bribery and corruption. In theory the Inspection Authority of the Armed Forces is responsible for investigating corruption and organized crime within the defence services. Offenders are to be presented before the Military Court (according to Article 204 of the Constitution). By virtue of article 2 of the Law Decree No. 45 of 2011 amending article 8 of Military Justice Law No. 25 of 1966, military courts have exclusive jurisdiction over corruption conducted by army personnel.
Some relevant cases have been reported. For instance, in Case Nr. 73/2012 (Military Court/Alexandria), 11 individuals and army personnel were presented before the Military Court in Alexandria, but the outcome of the case is unknown. There is substantive evidence to suggest the lack of military judicial independence however, and that Egypt fails to meet international standards guaranteeing the right to an independent and impartial judiciary.
Mahmoud Kandil, “The Judiciary in Egypt Pursuing Reform and Promoting Independence,” Arab Reform Initiative, July 2012, accessed August 12, 2014, http://www.arab-reform.net/sites/default/files/Judiciary_Egypt_M%20Kandil_July12_Final_En.pdf
Human Rights Watch, “Egypt: Investigative Police, Military Killings of 51; Accountability Essential to Break Cycle of Impunity,” July 14, 2013, acceded January 20, 2015, http://www.hrw.org/news/2013/07/14/egypt-investigate-police-military-killings-51
Bureau of Economic and Business Affairs, “2013 Investment Climate Statement – Egypt,” U.S. Department of State, February 2013, accessed August 20, 2014, http://www.state.gov/e/eb/rls/othr/ics/2013/204635.htm
Mahmoud Kandil, “The Judiciary in Egypt Pursuing Reform and Promoting Independence,” Arab Reform Initiative, July 2012, accessed August 12, 2014, http://www.arab-reform.net/sites/default/files/Judiciary_Egypt_M%20Kandil_July12_Final_En.pdf
Bsent Zeneddine, “US investigations reveal how a former General received commission to facilitate contracts,” Al Masri El-Yom, February 15, 2012, accessed August 10, 2014, http://www.almasryalyoum.com/news/details/151894
The International Bar Association Human Rights Institute (IBAHRI), “Separating Law and Politics: Challenges to the Independence of Judges and Prosecutors in Egypt,” February 2014.
The State Information Service, “The Constitution, accessed August 13, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
Al Sharq El Awsat Newspaper, “Summary: Egypt after the revolution, June 23, 2011, accessed August 10, 2014, http://classic.aawsat.com/details.asp?section=4&issueno=11895&article=627835&feature=#.U-UUoVY0opE
Ahram Online, “Suspects in Mercedes bribe case referred to criminal court,” April 08, 2011, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/1/64/9547/Egypt/Politics-/Suspects-in-Mercedes-bribe-case-referred-to-crimin.aspx
‘Mercedes Bribery’ case No. 21 (2011)
http://www.elwatannews.com/news/details/439870
Mark Perry, “Looking for Hashish in Cairo? Talk to The Police,” Foreign Policy, August 23, 2013, access August 13, 2014, http://www.foreignpolicy.com/articles/2013/08/23/the_hidden_power_of_egypt_s_drug_running_cops%20
Mouhammad Saad Khattab, “Drug smuggling in containers that belongs to the army under the guise of the Arab Organization for Industrialization,” Sawt El-Ummah News, November 11, 2012, accessed August 13, 2014, http://www.soutalomma.com/articles/فضيحة-تهريب-المخدرات-فى-حاويات-تسليح-الجيش-تحت-غطاء-الهيئة-العربية-للتصنيع
Ministry of Defence, accessed August 12, 2014, http://www.mod.gov.eg
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: Research found there is no legislation applicable to military and official personnel to facilitate corruption reporting, nor are any mechanisms for whistleblower protection institutionalized either in law or practice. Analysis of the situation indicates this has discouraged people from stepping forward to provide relative information. The lack of evidence to suggest that any cases triggered by whistleblowing have taken place in the defence sector supports this.
There is also substantive evidence to indicate a lack of judicial independence, noting that Egypt fails to meet international standards guaranteeing the right to an independent and impartial judiciary. Corruption related cases have in certain instances appeared to have been politically motivated or in order to settle personal scores. The press has been able to report court hearings and case details on some occasions, however the outcome of a number of cases is unknown.
Rana Khazbak, “Egypt’s fall short of protecting whistleblowers,” Egypt Independent, May 08, 2011, accessed January 21, 2015, http://www.egyptindependent.com/news/egypt’s-law-falls-short-protecting-whistleblowers
The Guardian, “Protests erupt in Egypt after Hosni Mubarak charges dropped,” November 30, 2014, accessed January 22, 2015, http://www.theguardian.com/world/2014/nov/30/protests-erupt-egypt-after-hosni-mubarak-charges-dropped
Mahmoud Kandil, “The Judiciary in Egypt Pursuing Reform and Promoting Independence,” Arab Reform Initiative, July 2012, accessed August 12, 2014, http://www.arab-reform.net/sites/default/files/Judiciary_Egypt_M%20Kandil_July12_Final_En.pdf
The International Bar Association Human Rights Institute (IBAHRI), “Separating Law and Politics: Challenges to the Independence of Judges and Prosecutors in Egypt,” February 2014.
Joshua Stacher, “Countries at the Crossroads 2011: Egypt,” Freedom House, accessed August 12, 2014, http://www.freedomhouse.org/sites/default/files/inline_images/EgyptFinal.pdf
Nathan J. Brown, “Egypt’s Judges in a Revolutionary Age,” Carnege Endowment for International Peace, February 2012, accessed August 20, 2014, http://carnegieendowment.org/files/egypt_judiciary.pdf
Cairo Institute for Human Rights Studies, “Orchestrated Campaign against Human Rights Organisations: Facts absent; the Public Internationally Misled,” February 15, 2012, accessed August 20, 2014, http://www.cihrs.org/?p=1234&lang=en
Human Rights Watch, “Egypt: Investigative Police, Military Killings of 51; Accountability Essential to Break Cycle of Impunity,” July 14, 2013, acceded January 20, 2015, http://www.hrw.org/news/2013/07/14/egypt-investigate-police-military-killings-51
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: There is no evidence or published documents in relation to sensitive positions in the field of procurement, contracting, financial and commercial management. Such positions are not declared and there is no evidence of any materials to regulate the selection procedures or criteria. No available evidence suggests that sensitive positions are subject to oversight, in terms of selection procedure or time in post.
It is unlikely that such a distinction is made. Research shows that many senior positions in the military and intelligence are privileged, and appointees appear to have often been selected based on their loyalty and obedience to the regime rather than their professional merits.
Gilad Wenig, “Egypt’s New Military Brass,” The Washington Institute for Near East Policy, March 26, 2014, accessed August 12, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-new-military-brass
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
David Kirkpatrick, “Egypt’s President Replaces Influential Intelligence Chief,” New York Times, December 21, 2014, accessed January 20, 2015, http://www.nytimes.com/2014/12/22/world/middleeast/egypts-president-replaces-intelligence-chief.html
Louisa Loveluck, “Egypt’s Intelligence Agency: Emerging from the Shadows,” Chatham House – The Royal Institute of International Affairs”, July 20, 2012, accessed January 20, 2015, https://www.chathamhouse.org/media/comment/view/184865
Gary Thomas, “Analysts Assess Role of Egyptian Intelligence Services in Crisis,” Voice of America, February 01, 2011, accessed January 20, 2015, http://www.voanews.com/content/spy-apparatus-critical-in-egyptian-crisis-115134599/134440.html
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is the number of civilian and military personnel accurately known and publicly available?
Researcher4143: There is no evidence to suggest that the number of civilian and military personnel is accurately known or publicly available.
Some reports (the CNN keys facts estimates it at 450,000, and the International Institute for Strategic Studies (IISS) estimates it at 468,500) indicate the number of military personnel. However, such numbers, in the absence of any governmental and official data, remain a matter of speculation.
RESPONSE TO PEER REVIEWER 1: Agree with comments. Discussion updated.
CNN International, “Egypt’s military: Key facts,” February 15, 2011, accessed August 15, 2014, http://edition.cnn.com/2011/WORLD/africa/02/14/egypt.military.facts/index.html
Military Balance 2014, International Institute for Strategic Studies (IISS).
Ministry of Defence, accessed August 12, 2014, http://www.mod.gov.eg
Opinion: Agree with Comments
Comment: Many sources (such as CIA gov, CNN, Global Firepower Online and others) cite a similar figure for the size of the Egyptian armed forces at around 468,500. The number is arguably accurate however it is true that there is no internal confirmation of such.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are pay rates and allowances for civilian and military personnel openly published?
Researcher4143: The Ministry of Defence and the Ministry of Finance do not publicly publish any information on pay rates or allowances. Some information on pay rates and allowances is publicly available through media and press reports, rather than through official sources and/or governmental data. The available data indicates a large gap between the wages of the senior military and security leaders and those of general military personnel.
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
Ministry of Defence, accessed August 12, 2014, http://www.mod.gov.eg
Al Nahar, “The salaries of the Ministry of Interior Officers following the new increase,” March 09, 2014, accessed August 15, 2014, http://www.alnaharegypt.com/t~191433
Jack Shenker, “Egyptian army officer’s diary of military life in a revolution,” The Guardian, December 28, 2011, accessed August 15, 2014, http://www.theguardian.com/world/2011/dec/28/egyptian-military-officers-diary
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?
Researcher4143: The payment system is not clear or published. Pay rates and allowances are publicly available through media and press reports rather than official resources. The payment system is not published by defence institutions. There is no available evidence to suggest interrupted or delayed payments, or whether basic pay is subject to discretionary adjustments. However, some reports indicate that certain materials and goods that are supposed to be available to conscripts and military personnel, such as food, are often under-supplied.
Mouhammad Al Balasi, “The Washington Institute: Egyptian border guards suffer a lack of equipment, and Israeli patrols provide them with food,” Al-Watan News, August 07, 2012, accessed January 21, 2015, http://www.elwatannews.com/news/details/35383
Jack Shenker, “Egyptian army officer’s diary of military life in a revolution,” The Guardian, December 28, 2011, accessed August 15, 2014, http://www.theguardian.com/world/2011/dec/28/egyptian-military-officers-diary
Opinion: Agree
Comment:
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?
Researcher4143: In theory, Law No. 232 of 1959 provides the system and procedure for the appointment and promotion of armed forces officers. The law is available to the public to purchase and read. There is neither evidence of assessment process for such appointments, nor an oversight of the latter. This is enhanced by the lack of a defined procedure regulating how applications are to be made, or how assessment processes are to occur. Though Law No. 232 of 1959 provides for a promotion process, appointees are reportedly often selected and promoted based on their loyalty and obedience to the regime rather than their professional merits. In practice, evidence indicates the appointment system for the selection of military personnel at middle and top management level is often conducted based on different factors, including favoritism and loyalty.
RESPONSE TO PEER REVIEWER 2: Agree with comments. Although the law points towards a system, there is no transparency around how any appointment system has been designed or is conducted in practice for middle and senior ranked officers. There is no detail as to when promotion boards are scheduled, who sits on the boards and how they are kept independent from those being assessed, or what objective criteria these officers must fulfil to be considered for promotion. Score changed from 2 to 1.
Gilad Wenig, “Egypt’s New Military Brass,” The Washington Institute for Near East Policy, March 26, 2014, accessed August 12, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-new-military-brass
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
Law No. 232 of 1959 providing the system and procedure for the appointment and promotion of armed forces officers, accessed July 28, 2015, http://dar.bibalex.org/webpages/mainpage.jsf?PID=DAF-Job:46933
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This score should be 0 (zero) as there is no transparent system. From junior to middle ranks (lieutenant colonel) it goes on seniority. From colonel and above it goes at unknown criteria and in an absolutely un-transparent system.
Suggested score: 0
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.
Researcher4143: While ‘Law No. 232 of 1959 Concerning the Terms of Service and Promotion of the Armed Forces Officer’ provides the system and procedure for the appointment and promotion of armed forces officers, the promotion criteria and procedures are subject to other factors, mainly favoritism and loyalty.
There is no evidence to indicate that the procedure is subject to independent scrutiny, or to suggest that there are formal appraisal processes and promotions boards for the promotions process.
Appointees are often promoted based on their loyalty and obedience to the regime rather than their professional merits. Further, some reports indicate that military and security officers are often deprived of promotion due to their political and/or religious orientation.
Australian Government: Department of Foreign Affairs and Trade, “DFAT Thematic Report: Egyptian Copts,” January 28, 2014, accessed August 20, 2014
Law No. 232 of 1959 Concerning the Terms of Service and Promotion of the Armed Forces Officer: http://dar.bibalex.org/webpages/mainpage.jsf?PID=DAF-Job:46933&q=
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
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?
Researcher4143: Law No. 127 of 1980, Concerning Military and National Service, regulates the mandatory military service and provides in Article 50 for the punishment for those who seek or try to avoid conscription through deception or forging official documents. It also provides for the punishment for military and government personnel who participate in such deception.
However, there is no evidence to suggest how and whether those provisions are applied. By virtue of article 2 of the Law Decree No. 45 of 2011 amending article 8 of Military Justice Law No. 25 of 1966, military courts has exclusive jurisdiction over corruption conducted by army personnel. There is substantive evidence to suggest the lack of military judicial independence, failing to meet international standards guaranteeing the right to an independent and impartial judiciary.
While there are some indications on various social networks and blogs that individuals were able to avoid military service through bribery and favoritism, such incidents appear to be limited and individual and rather than a systematic and/or widespread practice.
No to Compulsory Military Service Movement, accessed August 20, 2014, http://www.nomilservice.com
Jonathan Kalan, “Mandatory Military Service in Egypt,” August 06, 2013, accessed August 20, 2014, http://ar.wamda.com/2013/08/الخدمة-العسكرية-تؤذي-الريادة-مصر
Law No. 127 of 1980 Concerning the Military and National Service, http://egyoil.com/docs/L_127_1980.pdf
Mahmoud Kandil, “The Judiciary in Egypt Pursuing Reform and Promoting Independence,” Arab Reform Initiative, July 2012, accessed August 12, 2014, http://www.arab-reform.net/sites/default/files/Judiciary_Egypt_M%20Kandil_July12_Final_En.pdf
Human Rights Watch, “Egypt: Investigative Police, Military Killings of 51; Accountability Essential to Break Cycle of Impunity,” July 14, 2013, acceded January 20, 2015, http://www.hrw.org/news/2013/07/14/egypt-investigate-police-military-killings-51
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?
Researcher4143: Research found no evidence of suitable policies to address this issue. Although no cases were found indicating that bribery for preferred postings has taken place, there is significant risk in this area.
Law No. 127 of 1980, concerning Military and National Service, regulates the mandatory military service and provides in article 50 for the punishment of those who seek or try to avoid conscription through deception or forging official documents. It also provides for the punishment for military and government personnel who participate in such deception. This provision does not address bribery to gain preferred postings however.
In theory, the Inspection Authority in the Armed Forces is technically responsible for investigating corruption within the defence services. Offenders are to be presented before the Military Court (Article 204 of the Constitution). By virtue of article 2 of the Law Decree No. 45 of 2011 amending article 8 of Military Justice Law No. 25 of 1966, military courts have exclusive jurisdiction over corruption conducted by army personnel. However, there is substantive evidence to suggest a lack of military judicial independence, and that Egypt fails to meet international standards guaranteeing the right to an independent and impartial judiciary.
Law No. 127 of 1980 Concerning the Military and National Service, http://egyoil.com/docs/L_127_1980.pdf
The International Bar Association Human Rights Institute (IBAHRI), “Separating Law and Politics: Challenges to the Independence of Judges and Prosecutors in Egypt,” February 2014.
The State Information Service, “The Constitution, accessed August 13, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
Al Sharq El Awsat Newspaper, “Summary: Egypt after the revolution, June 23, 2011, accessed August 10, 2014, http://classic.aawsat.com/details.asp?section=4&issueno=11895&article=627835&feature=#.U-UUoVY0opE
Mahmoud Kandil, “The Judiciary in Egypt Pursuing Reform and Promoting Independence,” Arab Reform Initiative, July 2012, accessed August 12, 2014, http://www.arab-reform.net/sites/default/files/Judiciary_Egypt_M%20Kandil_July12_Final_En.pdf
Human Rights Watch, “Egypt: Investigative Police, Military Killings of 51; Accountability Essential to Break Cycle of Impunity,” July 14, 2013, acceded January 20, 2015, http://www.hrw.org/news/2013/07/14/egypt-investigate-police-military-killings-51
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: Although there are no known rules on bribes to gain preferred postings in the recruitment process, well known cases happened of nepotism rather than necessarily for money. An Egyptian going to military service will mostly try hard to find anybody he might know to put him in good comfortable place regarding the services.
Suggested score:
Is there evidence of 'ghost soldiers', or non-existent soldiers on the payroll?
Researcher4143: It is hard to establish the existence of ‘ghost soldiers’, although some reports indicate the existence of non-existent soldiers on the payroll, a situation in which the high ranking officers pocket the wages of those supposed personnel. However, research found there is a lack of enforced accountability in payment systems that makes it possible for this phenomenon to occur, especially with the lack of any evidence suggesting that the Ministry of Defence has taken any steps to reform this. Moreover as per Q38, there is no evidence to suggest that the number of civilian and military personnel is accurately known or publicly available.
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Jack Shenker, “Egyptian army officer’s diary of military life in a revolution,” The Guardian, December 28, 2011, accessed August 15, 2014, http://www.theguardian.com/world/2011/dec/28/egyptian-military-officers-diary
Opinion: Agree with Comments
Comment: Evidence of such reforms is not clear if not non-existent.
Suggested score:
Opinion: Agree with Comments
Comment: Every security authority in the military and police service has a side budget that named &quoute;private boxes&quoute; which is not controlled by any financial control and are managed by head of the authority. Thus, ghost servants (not really soldiers) may exist and be funded from the private boxes in each authority.
Suggested score:
Are chains of command separate from chains of payment?
Researcher4143: The defence budget, financial affairs in general, as well as wages and payroll information, are treated as secret information. Because of this secrecy and the vested interests of commanders, it is difficult to establish the chains of payment and whether they are separated from chains of command.
In the Egyptian army, the leadership and commanding class supervise all the military sectors. The commanding class benefits from the financial affairs of the defence sector, which creates a situation of “interest intersection” between the individuals of the command class and the defence sector's financial activities.
Global Security, “Egyptian Army,” accessed August 20, 2014, http://www.globalsecurity.org/military/world/egypt/army.htm
Graeme Bannerman, “Inside the Egyptian Military,” The Middle East Institute, Feb 09, 2011, accessed August 20, 2014, http://www.mei.edu/content/inside-egyptian-military
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
Dr Walaa Ramadan, “The Egyptian military empire,” Middle East Monitor, July 09, 2014, accessed August 10, 2014, https://www.middleeastmonitor.com/articles/africa/12653-the-egyptian-military-empire
Opinion: Agree with Comments
Comment: It is very difficult to determine for certain if there is indeed a separation. However deducing from other corrupt practices within the chain of command it is likely that commanders do influence payments in one way or another. However there is no clear evidence per se that would act as concrete evidence.
Suggested score:
Opinion: Agree with Comments
Comment: While chains of command separate from chains of payment, ostensibly the chains of command still has more seniority and power on chain of payment. The decision to award bonuses and extra payments for professional reasons or others are decided by chains of command while the chain of payment is just to implement and find a way to legalise this if it exceed the legal limit.
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?
Researcher4143: By virtue of article 2 of the Law Decree No. 45 of 2011 amending article 8 of Military Justice Law No. 25 of 1966, military courts have exclusive jurisdiction over corruption conducted by army personnel. In theory, the Inspection Authority of the Armed Forces is responsible for investigating corruption and organized crime within the defence services. Offenders are to be presented before the Military Court (Article 204 of the Constitution).
These provisions do not amount to what might be called a “Code of Conduct”. They do not cover bribery, gifts and hospitality, conflicts of interest, and post-separation activities. They are legal provisions, which the researcher found are not comprehensively communicated to the military personnel and/or appropriately distributed in the army departments.
RESPONSE TO PEER REVIEWER: Agreed. Discussion updated. Score changed from 2 to 0.
The State Information Service, “The Constitution, accessed August 13, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
Ahram Online, “Suspects in Mercedes bribe case referred to criminal court,” April 08, 2011, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/1/64/9547/Egypt/Politics-/Suspects-in-Mercedes-bribe-case-referred-to-crimin.aspx
Law Decree No. 45 of 2011 amending article 8 of Military Justice Law No. 25 of 1966
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: There is no code of conduct. The changes happened in 2011 due to amendment of article 2 of Law Decree No. 45 of 2011, which amended Article 8 of Military Justice Law No. 25 of 1966. It does not establish a code of conduct but regulates the criminal procedures law/system regarding suspected or being invistigating military personnel.
Suggested score: 0
Is there evidence that breaches of the Code of Conduct are effectively addressed ,and are the results of prosecutions made publicly available?
Researcher4143: There is no evidence of any Code of Conduct for military and civilian defence personnel which cover conduct with respect to corruption. By virtue of article 2 of the Law Decree No. 45 of 2011 amending article 8 of Military Justice Law No. 25 of 1966, military courts have exclusive jurisdiction over corruption conducted by army personnel. However, these provisions do not tantamount to what might be called as “Code of Conduct.” Where breaches of law occur, the process in which those cases are dealt with lacks credibility and transparency. This is supported by substantive evidence suggesting the lack of military judicial independence, failing to meet international standards guaranteeing the right to an independent and impartial judiciary.
Mahmoud Kandil, “The Judiciary in Egypt Pursuing Reform and Promoting Independence,” Arab Reform Initiative, July 2012, accessed August 12, 2014, http://www.arab-reform.net/sites/default/files/Judiciary_Egypt_M%20Kandil_July12_Final_En.pdf
Bsent Zeneddine, “US investigations reveal how a former General received commission to facilitate contracts,” Al Masri El-Yom, February 15, 2012, accessed August 10, 2014, http://www.almasryalyoum.com/news/details/151894
The International Bar Association Human Rights Institute (IBAHRI), “Separating Law and Politics: Challenges to the Independence of Judges and Prosecutors in Egypt,” February 2014.
The State Information Service, “The Constitution, accessed August 13, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
Ahram Online, “Suspects in Mercedes bribe case referred to criminal court,” April 08, 2011, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/1/64/9547/Egypt/Politics-/Suspects-in-Mercedes-bribe-case-referred-to-crimin.aspx
‘Mercedes Bribery’ case No. 21 (2011)
Ministry of Defence, accessed August 12, 2014, http://www.mod.gov.eg
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does regular anti-corruption training take place for military and civilian personnel?
Researcher4143: Research found no evidence from the Ministry of Defence or other public websites to suggest that any regular anti-corruption training take place for military and civilian personnel.
Ministry of Defence, accessed August 12, 2014, http://www.mod.gov.eg
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
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?
Researcher4143: There are few or no examples of outcomes being made public, and no policy that they must be.
Some examples exist where prosecutions have been publicised. In Case Nr. 73/2012 (Military Court/Alexandria), 11 individuals and army personnel were presented before the Military Court in Alexandria. An Egyptian officer was accused of receiving $564,000, under the title of “consulting and marketing services” from 1997 till the end of 2002, to influence the Egyptian Air Forces in the implementation of projects related to the F16 aircraft. There is no evidence of an established policy to make such outcomes public however. The outcome of these cases is often not disclosed, as demonstrated in the Mercedes Bribery case No. 21 of 2011, in which a defence civilian personnel was accused of accepting $2m in bribes from Daimler AG to favor buying their products.
Moreover, there is substantive evidence to suggest the lack of military judicial independence, failing to meet international standards guaranteeing the right to an independent and impartial judiciary.
Mahmoud Kandil, “The Judiciary in Egypt Pursuing Reform and Promoting Independence,” Arab Reform Initiative, July 2012, accessed August 12, 2014, http://www.arab-reform.net/sites/default/files/Judiciary_Egypt_M%20Kandil_July12_Final_En.pdf
Bsent Zeneddine, “US investigations reveal how a former General received commission to facilitate contracts,” Al Masri El-Yom, February 15, 2012, accessed August 10, 2014, http://www.almasryalyoum.com/news/details/151894
The International Bar Association Human Rights Institute (IBAHRI), “Separating Law and Politics: Challenges to the Independence of Judges and Prosecutors in Egypt,” February 2014.
The State Information Service, “The Constitution, accessed August 13, 2014, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf
Ahram Online, “Suspects in Mercedes bribe case referred to criminal court,” April 08, 2011, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/1/64/9547/Egypt/Politics-/Suspects-in-Mercedes-bribe-case-referred-to-crimin.aspx
‘Mercedes Bribery’ case No. 21 (2011)
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)?
Researcher4143: Although there are law provisions to prosecute and punish bribes, there is no evidence to suggest the existence of specific measures addressing and dealing with facilitation payments. Both bribes and facilitation payments merge and there is general presumption that provisions concerning bribes extend to cover facilitation payments. In the absence of any effective measures to discourage facilitation payments in the Egyptian army, such payments have become a convention in the military institutions and other industries. They remain, along with nepotism, one of the main keys to obtain what one is entitled to, such as sick leave (for which a bribe must be paid) or positions that meet with the candidates’ qualifications.
Tim Armsby and Arig Ali, “Faciliation payments in the oil and gas sector,” International Law Office, September 13, 2010, accessed July 29, 2015, http://www.internationallawoffice.com/newsletters/detail.aspx?g=61fc0021-bad7-4ead-9cd7-06e328688ec9
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
No to Compulsory Military Service Movement, accessed August 20, 2014, http://www.nomilservice.com
Jonathan Kalan, “Mandatory Military Service in Egypt,” August 06, 2013, accessed August 20, 2014, http://ar.wamda.com/2013/08/الخدمة-العسكرية-تؤذي-الريادة-مصر
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?
Researcher4143: The Ministry of Defence website has been surveyed along with other related sources, and there is no evidence to suggest that the armed forces recognise or are aware of corruption as a strategic issue in operations, nor have military doctrine addressing it as such.
Ministry of Defence, accessed August 12, 2014, http://www.mod.gov.eg
The Egyptian Parliament, accessed January 20, 2015, http://www.parliament.gov.eg
The Egyptian Government, accessed January 20, 2015, http://www.egypt.gov.eg/English/Home.aspx
Opinion: Agree
Comment:
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?
Researcher4143: While troops deployed on peacekeeping operations might receive relevant staff training on corruption risks, there is no evidence to suggest that such training and/or guidance takes place in the Egyptian defence sector. The websites of the Ministry of Defence, the Authority of Organization and Administration, and the Recruitment and Mobilization Administration have been surveyed. In particular, the courses conducted and delivered by the Training Authority of the Egyptian Armed Forces were surveyed, especially those delivered by the Inspection and Finance Authorities. No evidence was found to suggest the existence of training on corruption issues for commanders, or whether corruption cases occur in the field and of how they are handled.
The training Authority of the Egyptian Armed Forces, accessed August 21, 2014, http://mcf.mod.gov.eg/mcf/ViewCourses.aspx
The Authority of Organization and Administration, the Recruitment and Mobilization Administration, accessed August 21, 2014, http://tagned.afmic.gov.eg
Ministry of Defence, accessed August 22, 2014, http://www.mod.gov.eg
The Cairo Center for Training on Conflict Resolution and Peacekeeping in Africa (CCCPA), ‘Training Courses and Capacity Building,’ accessed January 20, 2015, http://www.cairopeacekeeping.org/training-center/training-courses-capacity-building
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: Article 218 of the Constitution states &quoute;the state obliged to fight corruption, .....&quoute;.
Egypt is also party to the UNCAC which is part of the national law, according to Article 93 of the constitution. While there is no public information on such training on corruption for commanders before deployment, it's believed that military personnel deployed to peacekeeping operation receive all UN required training including anti corruption. However, other commanders do not receive such training even in deployment in training abroad or with foreign country training.
Suggested score:
Are trained professionals regularly deployed to monitor corruption risk in the field (whether deployed on operations or peacekeeping missions)?
Researcher4143: The websites of the Ministry of Defence and the Authority of Organization and Administration has been surveyed along with relevant non-government sources, and there is no evidence to suggest that the military deploys any personnel for corruption monitoring.
Ministry of Defence, accessed August 20, 2014, http://www.mod.gov.eg
The Authority of Organization and Administration, the Recruitment and Mobilization Administration, accessed August 21, 2014, http://tagned.afmic.gov.eg
Opinion: Agree
Comment:
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?
Researcher4143: According to the United Nation, Egypt contributes 370 police, 76 military experts and 2,213 troops to UN peacekeeping missions. However, while troops deploying on peacekeeping operations might receive relevant staff training on corruption risks, there is no evidence to suggest that such training and/or guidance takes place in the Egyptian defence sector.
The websites of the Ministry of Defence, the Authority of Organization and Administration, and the Recruitment and Mobilization Administration have been surveyed. In particular, the courses conducted and delivered by the Training Authority of the Egyptian Armed Forces were surveyed, especially those delivered by the Inspection and Finance Authorities.
There is no evidence to suggest the existence of such training or guidance. Moreover, the Cairo Center for Training on Conflict Resolution and Peacekeeping in Africa (CCCPA), which was established in 1994 to promote peace and stability in Africa, was surveyed and no guidelines or training related to corruption could be found taking place.
The United Nations Peacekeeping, accessed August 24, 2014, http://www.un.org/en/peacekeeping/resources/statistics/contributors.shtml
The State Information Service, “The Armed Forces and Peacekeeping Missions,” February 10, 2013, accessed August 20, 2014, http://www.sis.gov.eg/Ar/Templates/Articles/tmpArticles.aspx?ArtID=67647#.U_4v1ksn-Iw
The Cairo Center for Training on Conflict Resolution and Peacekeeping in Africa (CCCPA), ‘Training Courses and Capacity Building,’ accessed January 20, 2015, http://www.cairopeacekeeping.org/training-center/training-courses-capacity-building
The Training Authority of the Egyptian Armed Forces, accessed August 21, 2014, http://mcf.mod.gov.eg/mcf/ViewCourses.aspx
The Authority of Organization and Administration, the Recruitment and Mobilization Administration, accessed August 21, 2014, http://tagned.afmic.gov.eg
Ministry of Defence, accessed August 22, 2014, http://www.mod.gov.eg
Opinion: Agree
Comment:
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.
Researcher4143: The researcher found no evidence of private military companies operating from Egypt. The Egyptian army carries out all military activities and/or operations. There is no evidence of legislation to govern their use however.
A large number of private security contractors do exist whose main duty is to maintain safety and protection activities for banks, corporations and even individuals, and there are laws to regulate them. However, they do not provide operational staff to military environments and therefore fall outside the scope of this question.
Law no. 394 of 1954 concerning Arms and Ammunition
Law no. 534 of 1954 concerning Commercial and Industrial Properties
Law no. 68 of 1970 concerning the Private Guards
Law no. 26 of 1977 concerning Security Units
Law no. 86 of 2015 Concerning Security Companies
Opinion: Agree with Comments
Comment: There are indeed no PMC's in Egypt. The Egyptian military does not allow for any other force to carry out operations within the country's sovereign territory.
Suggested score:
Opinion: Agree with Comments
Comment: Article 200 of the Egyptian Constitution clears that only the state may establish the armed forces and that it is forbidden for any other sector to do so.
Suggested score:
Does the country have legislation covering defence and security procurement and are there any items exempt from these laws?
Researcher4143: Egypt does not have a legislation specifically covering defence and security procurement. The President of the Republic has the power to issue or sign orders concerning defence and security procurement by virtue of Law No. 6 of 2000 (extending Law No. 29 of 1972). There is no indication or evidence that this law has been renewed or extended recently. This law hinders any possibility of scrutinizing procurement activities, this lack of transparency and control has opened the door to long term and systematic corrupt practices. Further, the secretive nature of the Egyptian defence sector ensured that the latter remains outside the observation and scrutiny of any anti-corruption policy or oversight mechanism.
Nadia Motawe’a, “Commissions: the corruption backdoor for the coming president,” Al Wafd Newspaper, May 30, 2012, accessed August 21, 2014, http://www.alwafd.org/حوارات-وملفات/93-ملفات%20محلية/205258-«العمولات»-الباب-الخلفى-لفساد-الرئيس-القادم?tmpl=component&print=1&page=
Mohammed Nawar, “Arms Commission Law: Legally Covered Bribe,” Sawt El-Balad, February 27, 2013, accessed August 21, 2014,
http://www.baladnews.com/save.php?cat=24&article=44039
Government E-Procurement Portal, accessed August 21, 2014 http://www.etenders.gov.eg/en/index.php
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
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?
Researcher4143: The affairs of the Ministry of Defence are not officially disclosed to the public. While procurement activities, such as arms purchases, are sometimes available, matters of particular confidentiality such as procurement cycles remain undisclosed to the public.
Such information is sometimes obtained from media reports in lieu of official or governmental publications and channels. For instance, it has been reported that Saudi Arabia and the United Arab Emirates provided Egypt with monetary support for its arms purchases from Russia. The details of such purchases were made available to the media through foreign media sources. For instance, and while reporting on the military purchases deal between Russian and Egypt, the State Information Service referred to a Chinese website which reported the purchase details as its source of the information.
The State Information Service, “Military purchases deal from Russian to Egypt,” February 19, 2014, accessed August 6, 2014, http://www.sis.gov.eg/Ar/Templates/Articles/tmpArticles.aspx?ArtID=84381#.U_5FbEsn-Iw
David Schenker, “Egypt’s Arms Deal with Russia: Potential Strategic Costs,” The Washington Institute, March 04, 2014, accessed August 6, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-arms-deal-with-russia-potential-strategic-costs
BBC News, “Putin backs Sisi bid for Egypt presidency,” February 13, 2014, accessed August 6, 2014, http://www.bbc.co.uk/news/world-middle-east-26171142
Bel Trew, “Egypt Spends $2bn of Saudi money on Russian arms,” The Times, February 13, 2014, accessed August 11, 2014, http://www.thetimes.co.uk/tto/news/world/middleeast/article4004050.ece
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
Researcher4143: The secretive nature of the Egyptian defence sector ensures that it remains outside the observation and scrutiny of any anti-corruption policy or oversight mechanism.
While the country does not have legislation specifically covering defence and security procurement, the President of the Republic has the power to issue or sign orders concerning defence and security procurement by virtue of Law No. 6 of 2000 (extending Law No. 29 of 1972).
Shana Marshall, “Cashing in after the coup,” Foreign Policy, July 18, 2013, accessed August 21, 2014, http://mideastafrica.foreignpolicy.com/posts/2013/07/18/cashing_in_after_the_coup
Nadia Motawe’a, “Comissions: the corruption backdoor for the coming president,” Al Wafd Newspaper, May 30, 2012, accessed August 21, 2014, http://www.alwafd.org/حوارات-وملفات/93-ملفات%20محلية/205258-«العمولات»-الباب-الخلفى-لفساد-الرئيس-القادم?tmpl=component&print=1&page=
Mohammed Nawar, “Arms Commission Law: Legally Covered Bribe,” Sawt El-Balad, February 27, 2013, accessed August 21, 2014,
http://www.baladnews.com/save.php?cat=24&article=44039
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are actual and potential defence purchases made public?
Researcher4143: The affairs of the Ministry of Defence remain a matter of speculation; they are not officially disclosed to the public.
Matters of particular confidentiality such as procurement funding and cycle remain undisclosed to the public, while other matters such as defence purchases, are publicly disclosed and discussed. This occurs - with rare exceptions - mainly from foreign media reports rather than official or governmental publications and channels. There is no evidence that justifications have been provided.
For instance, it has been reported that Saudi Arabia and the United Arab of Emirates provided Egypt with monetary support for its armaments purchases from Russia. While the ‘State Information Service’ did not report the financial details of this deal such as the origin of the funds, it did report the purchase deal itself and its strategic impact (although it is noted that the Service quoted the relevant article from a Chinese website).
The State Information Service, “Military purchases deal from Russian to Egypt,” February 19, 2014, accessed August 6, 2014, http://www.sis.gov.eg/Ar/Templates/Articles/tmpArticles.aspx?ArtID=84381#.U_5FbEsn-Iw
David Schenker, “Egypt’s Arms Deal with Russia: Potential Strategic Costs,” The Washington Institute, March 04, 2014, accessed August 6, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-arms-deal-with-russia-potential-strategic-costs
BBC News, “Putin backs Sisi bid for Egypt presidency,” February 13, 2014, accessed August 6, 2014, http://www.bbc.co.uk/news/world-middle-east-26171142
Bel Trew, “Egypt Spends $2bn of Saudi money on Russian arms,” The Times, February 13, 2014, accessed August 11, 2014, http://www.thetimes.co.uk/tto/news/world/middleeast/article4004050.ece
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?
Researcher4143: The country does not have any legislation specifically covering bidding for work for the Ministry of Defence or Armed Forces. Therefore, no requirements are placed on companies beyond what is generally in company law.
Article 8 of Law No. 89 of 1998, regulating tenders and auctions, provides for the Ministries of defence and Military Production to contract through limited tender, local tender or direct agreement, however it does not place any restrictions in terms of anti-corruption and transparency. Moreover, Law No. 204 of 1957 provides for the tax and fees exemption for armament contracts. The Law does not state any provision in relation to the companies with prosecutions for corrupt activities.
Government E-Procurement Portal, accessed August 21, 2014, http://www.etenders.gov.eg/en/index.php
Law No. 89 of 1998 Concerning Tenders and Bidding.
Law No. 204 of 1957 Concerning Tax and Fees Exemption for Armament Contracts.
The Tender Guide, “Law No. 89 of 1998 Concerning Tenders and Auctions,” accessed August 21, 2014, http://www.monakasat.com/tender.htm
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are procurement requirements derived from an open, well-audited national defence and security strategy?
Researcher4143: Since the signing of the Camp David peace accords between Egypt and Israel in 1979, Egypt has annually received aid from the United States, much of it in the form of military and arms projects. Outside of foreign aid, evidence suggests procurement requirements are often fulfilled on opportunistic basis rather than using a clear, transparent and well-audited defence and security strategy to guide the formulation of such requirements. For instance, Saudi and United Arab of Emirates provided Egypt with monetary support for purchases from Russia. Although such information indicates where the money came from, it is unclear how the specific platforms or systems ordered were selected in the absence of a clear national defence strategy, nor that an appropriately audited system exists that monitors how the monetary support was spent.
BBC News, “Putin backs Sisi bid for Egypt presidency,” February 13, 2014, accessed August 6, 2014, http://www.bbc.co.uk/news/world-middle-east-26171142
Murad Ibrahim Dassouki, “The Egyptian Defence Policy,” Al Ahram Newspaper, accessed August 6, 2014, http://digital.ahram.org.eg/articles.aspx?Serial=793598&eid=4334
Egypt Independent, “KSA, UAE to finance Russian arms deal with Egypt,” February 07, 2014, accessed August 11, 2014, http://www.egyptindependent.com/news/ksa-uae-finance-russian-arms-deal-egypt
Max Fisher, “The cases for and against cutting U.S. aid to Egypt, explained,” Washington Post, August 15, 2013, accessed August 6, 2014, http://www.washingtonpost.com/blogs/worldviews/wp/2013/08/15/the-cases-for-and-against-cutting-u-s-aid-to-egypt-explained/
David Schenker, “Egypt’s Arms Deal with Russia: Potential Strategic Costs,” The Washington Institute, March 04, 2014, accessed August 6, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-arms-deal-with-russia-potential-strategic-costs
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are defence purchases based on clearly identified and quantified requirements?
Researcher4143: Purchases are not based on quantification of requirements. Procurement requirements are often fulfilled on opportunistic basis rather than a clear and transparent defence and security strategy guiding the formulation of such requirements. For instance, Saudi and United Arab of Emirates recently provided Egypt with monetary support for arms purchases from Russia. Although such information indicates where the money came from, they do not suggest the existence of a formal procedure in place for defining purchase requirements. In a recent example, some reports revealed that the Russian S-300 missile systems, originally destined for Syria, may be delivered to Egypt instead, as the circumstances in Syria would not allow their deliverance and installation.
ITAR-TASS News Agency, “Production of S-300 missiles in Russia to be stopped within year – source,” August 22, 2014, accessed August 27, 2014, http://en.itar-tass.com/russia/746166
Bsent Zeneddine, “US investigations reveal how a former General received commission to facilitate contracts,” Al Masri El-Yom, February 15, 2012, accessed August 10, 2014, http://www.almasryalyoum.com/news/details/151894
Ahram Online, “Suspects in Mercedes bribe case referred to criminal court,” April 08, 2011, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/1/64/9547/Egypt/Politics-/Suspects-in-Mercedes-bribe-case-referred-to-crimin.aspx
Nadia Motawe’a, “Comissions: the corruption backdoor for the coming president,” Al Wafd Newspaper, May 30, 2012, accessed August 21, 2014, http://www.alwafd.org/حوارات-وملفات/93-ملفات%20محلية/205258-«العمولات»-الباب-الخلفى-لفساد-الرئيس-القادم?tmpl=component&print=1&page=
Mohammed Nawar, “Arms Commission Law: Legally Covered Bribe,” Sawt El-Balad, February 27, 2013, accessed August 21, 2014,
http://www.baladnews.com/save.php?cat=24&article=44039
David Schenker, “Egypt’s Arms Deal with Russia: Potential Strategic Costs,” The Washington Institute, March 04, 2014, accessed August 6, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-arms-deal-with-russia-potential-strategic-costs
BBC News, “Putin backs Sisi bid for Egypt presidency,” February 13, 2014, accessed August 6, 2014, http://www.bbc.co.uk/news/world-middle-east-26171142
Bel Trew, “Egypt Spends $2bn of Saudi money on Russian arms,” The Times, February 13, 2014, accessed August 11, 2014, http://www.thetimes.co.uk/tto/news/world/middleeast/article4004050.ece
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
Researcher4143: In theory, while the country does not have legislation specifically covering tenders and bidding for work for the Ministry of Defence or armed forces, Article 2 of Law No. 89 of 1998 Concerning Tenders and Bidding provides for the principles of openness, equal opportunities, equality and freedom of competition and Article 8 provides for the Ministries of defence and Military Production to contract through limited tender, local tender or direct agreement.
In practice, however, the available evidence suggests that defence procurement is not conducted as open competition and there is no evidence to suggest the existence of such practice. Rather, procurement requirements often appear to be fulfilled on an opportunistic and single sourced basis. In addition, the President of the republic has wide discretion in that regard which manifests itself in the power to issue or sign orders concerning defence and security procurement by virtue of Law No. 6 of 2000 (extending Law No. 29 of 1972). The law hinders any possibility to scrutinize procurement activities.
ITAR-TASS News Agency, “Production of S-300 missiles in Russia to be stopped within year – source,” August 22, 2014, accessed August 27, 2014, http://en.itar-tass.com/russia/746166
Bsent Zeneddine, “US investigations reveal how a former General received commission to facilitate contracts,” Al Masri El-Yom, February 15, 2012, accessed August 10, 2014, http://www.almasryalyoum.com/news/details/151894
Ahram Online, “Suspects in Mercedes bribe case referred to criminal court,” April 08, 2011, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/1/64/9547/Egypt/Politics-/Suspects-in-Mercedes-bribe-case-referred-to-crimin.aspx
Nadia Motawe’a, “Comissions: the corruption backdoor for the coming president,” Al Wafd Newspaper, May 30, 2012, accessed August 21, 2014, http://www.alwafd.org/حوارات-وملفات/93-ملفات%20محلية/205258-«العمولات»-الباب-الخلفى-لفساد-الرئيس-القادم?tmpl=component&print=1&page=
Mohammed Nawar, “Arms Commission Law: Legally Covered Bribe,” Sawt El-Balad, February 27, 2013, accessed August 21, 2014,
http://www.baladnews.com/save.php?cat=24&article=44039
David Schenker, “Egypt’s Arms Deal with Russia: Potential Strategic Costs,” The Washington Institute, March 04, 2014, accessed August 6, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-arms-deal-with-russia-potential-strategic-costs
BBC News, “Putin backs Sisi bid for Egypt presidency,” February 13, 2014, accessed August 6, 2014, http://www.bbc.co.uk/news/world-middle-east-26171142
Bel Trew, “Egypt Spends $2bn of Saudi money on Russian arms,” The Times, February 13, 2014, accessed August 11, 2014, http://www.thetimes.co.uk/tto/news/world/middleeast/article4004050.ece
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: In practice, the Ministry of Defence asks all suppliers who would like to work with it to register everyone in its domain on a yearly basis with the Ministry, with administrative requirements (i.e commercial registration number, tax certificate, clean criminal record). Then when it comes to specific competition they call on one company from the list registered with the Ministry, where there is no role here and it is almost a direct order.
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?
Researcher4143: While the country does not have legislation specifically covering tenders and bidding for work for the Ministry of Defence or the armed forces, Article 2 of Law No. 89 of 1998 Concerning Tenders and Bidding provides more generally for the principles of openness, equal opportunities, equality and freedom of competition. However, there is no evidence to suggest that tender boards are in fact subject to regulations and codes of conduct, nor that their decisions are subject to independent audit to ensure due process and fairness.
Government E-Procurement Portal, accessed August 21, 2014, http://www.etenders.gov.eg/en/index.php
Law No. 89 of 1998 Concerning Tenders and Bidding.
Law No. 204 of 1957 Concerning Tax and Fees Exemption for Armament Contracts.
The Tender Guide, “Law No. 89 of 1998 Concerning Tenders and Auctions,” accessed August 21, 2014, http://www.monakasat.com/tender.htm
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?
Researcher4143: There is no evidence to suggest that the country has legislation (or wider national legislation) in place to discourage and punish collusion between bidders for defence and security contracts.
I agree with the Peer Reviewer 2.
Government E-Procurement Portal, accessed August 21, 2014, http://www.etenders.gov.eg/en/index.php
Law No. 204 of 1957 Concerning Tax and Fees Exemption for Armament Contracts.
The Tender Guide, “Law No. 89 of 1998 Concerning Tenders and Auctions,” accessed August 21, 2014, http://www.monakasat.com/tender.htm
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: Normally the criminal code applies in such cases, particularly for civil contractors dealing with the army. There have not been any cases in the media or court, noting that such cases as these normally go to military courts given that the money and materials are the army propriety. any Egyptian media can not publish any news on the army without permission from the army department of media, otherwise they face being sanctioned for publishing army news. It's therefore difficult if not impossible to get details of such cases.
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?
Researcher4143: There is no evidence to suggest the existence of trained and empowered procurement staff. While the staff is organized into a professional staff department, there is no available evidence to suggest that their posts are subject to rotation or the level of their ability to hold defence contractors to account on their obligations on reporting and delivery.
RESPONSE TO PEER REVIEWER 2: This may be the case, however in order to consider amending the score I would need to be able to verify this information source as I could not find it on the MOD website, nor could I find information about the military academy in regard to the training mentioned.
The Tender Guide, “Law No. 89 of 1998 Concerning Tenders and Auctions,” accessed August 21, 2014, http://www.monakasat.com/tender.htm
Ahram Online, “Suspects in Mercedes bribe case referred to criminal court,” April 08, 2011, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/1/64/9547/Egypt/Politics-/Suspects-in-Mercedes-bribe-case-referred-to-crimin.aspx
‘Mercedes Bribery’ case No. 21 (2011)
U.S. Securities and Exchange Commission, SECURITIES AND EXCHANGE COMMISSION v. THOMAS WURZEL, Civil Action No. 09-Civ-01005 (RWR), United States District Court for the District of Columbia (Filed May 29, 2009), accessed August 10, 2014, http://www.sec.gov/litigation/litreleases/2009/lr21063.htm
Nadia Motawe’a, “Comissions: the corruption backdoor for the coming president,” Al Wafd Newspaper, May 30, 2012, accessed August 21, 2014, http://www.alwafd.org/حوارات-وملفات/93-ملفات%20محلية/205258-«العمولات»-الباب-الخلفى-لفساد-الرئيس-القادم?tmpl=component&print=1&page=
Bsent Zeneddine, “US investigations reveal how a former General received commission to facilitate contracts,” Al Masri El-Yom, February 15, 2012, accessed August 10, 2014, http://www.almasryalyoum.com/news/details/151894
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Disagree
Comment: The military academy has a department named administrative affairs which graduates administration officers. In addition the army hires early commerce graduates to be finance/audit officers. Those officers are the ones who make sure of all processes. They receive normal professional study on ensuring contractor obligations but no particular study on fighting corruption.
Suggested score: 1
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?
Researcher4143: In theory, both articles 41 and 42 of Law No. 89 of 1998 Concerning Tenders and Bidding, provide the opportunity for companies to complain about perceived malpractice in procurement. However, the Law does not, nor other related provisions, provide formal protection from discrimination if a company decides to file a complaint. This resulted in companies’ reluctance to complain in cases of malpractice presuming that this would eventually restrict and hamper their future bidding opportunities. Therefore there is no available information regarding companies who have complained. Procurement activities are not based on transparent and accountable methods.
The Tender Guide, “Law No. 89 of 1998 Concerning Tenders and Auctions,” accessed August 21, 2014, http://www.monakasat.com/tender.htm
Ahram Online, “Suspects in Mercedes bribe case referred to criminal court,” April 08, 2011, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/1/64/9547/Egypt/Politics-/Suspects-in-Mercedes-bribe-case-referred-to-crimin.aspx
‘Mercedes Bribery’ case No. 21 (2011)
U.S. Securities and Exchange Commission, SECURITIES AND EXCHANGE COMMISSION v. THOMAS WURZEL, Civil Action No. 09-Civ-01005 (RWR), United States District Court for the District of Columbia (Filed May 29, 2009), accessed August 10, 2014, http://www.sec.gov/litigation/litreleases/2009/lr21063.htm
Nadia Motawe’a, “Comissions: the corruption backdoor for the coming president,” Al Wafd Newspaper, May 30, 2012, accessed August 21, 2014, http://www.alwafd.org/حوارات-وملفات/93-ملفات%20محلية/205258-«العمولات»-الباب-الخلفى-لفساد-الرئيس-القادم?tmpl=component&print=1&page=
Bsent Zeneddine, “US investigations reveal how a former General received commission to facilitate contracts,” Al Masri El-Yom, February 15, 2012, accessed August 10, 2014, http://www.almasryalyoum.com/news/details/151894
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: it's currently impossible to find evidence on such cases, even if companies would announce it.
Suggested score:
What sanctions are used to punish the corrupt activities of a supplier?
Researcher4143: By virtue of Article 24(b) of Law No. 89 of 1998 Concerning Tenders and Bidding, a contractor is debarred from contracting if it is revealed at any stage that they have secured the given contract through bribery.
However, there is no evidence to suggest that such sanctions were applied when such incidents have occurred. For instance, in the Mercedes Case (Mercedes Bribery case No. 21 of 2011), in which a civilian employee within the defence sector was accused of accepting $2m in bribes from Daimler AG to favor buying their products, not only is the outcome of the case still unknown, but there is also no evidence to suggest that appropriate actions had been taken against the corrupt supplier to punish them. U.S. Securities and Exchange Commission case details also supply further evidence of corrupt transactions by Egyptian Air Force officials. It is not clear if any prosecution took place in Egypt.
The Tender Guide, “Law No. 89 of 1998 Concerning Tenders and Auctions,” accessed August 21, 2014, http://www.monakasat.com/tender.htm
Ahram Online, “Suspects in Mercedes bribe case referred to criminal court,” April 08, 2011, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/1/64/9547/Egypt/Politics-/Suspects-in-Mercedes-bribe-case-referred-to-crimin.aspx
‘Mercedes Bribery’ case No. 21 (2011)
U.S. Securities and Exchange Commission, SECURITIES AND EXCHANGE COMMISSION v. THOMAS WURZEL, Civil Action No. 09-Civ-01005 (RWR), United States District Court for the District of Columbia (Filed May 29, 2009), accessed August 10, 2014, http://www.sec.gov/litigation/litreleases/2009/lr21063.htm
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Sanctions are applied when there is a case, the problem is to know officially about such sanctions.
Suggested score: 2
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?
Researcher4143: Generally speaking, offset contracts and agreements in Egypt are permitted by virtue of Article 59 of the Executive Regulations of Law No. 118 of 1975 Concerning Imports and Exports, and Articles 66-8 of the List of Rules Implementing the Provisions of Law No. 118 of 1975.
There is no evidence to suggest or indicate that the government addresses corruption risks by imposing due diligence requirements on contractors when negotiating offset contracts. No such provisions concerning offset contracts and/or agreements could be found in the mentioned laws or in the Law of Contracts, the Civil Code and Law No. 89 of 1998 Concerning Tenders and Bidding, or from non-government sources.
The Tender Guide, “Law No. 89 of 1998 Concerning Tenders and Auctions,” accessed August 21, 2014, http://www.monakasat.com/tender.htm
The Egyptian Civil Code (No. 131 of 1948)
Executive Regulations of Law No. 118 of 1975 Concerning the Importation and Exportation.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does the government make public the details of offset programmes, contracts, and performance?
Researcher4143: There are infrequent reports in the media, rather than primary government sources, that provide some basic details of offset contracts and potential programmes. The government does not make public any details of offset programmes, contracts, and performance.
MSN Arabia, “Arguments over the reliance on offset contracts instead of Dollars to solve the foreign currency crisis,” February 21, 2014, accessed August 22, 2014, http://arabic.arabia.msn.com/news/business/business-company-profile/4716096/جدل-حول-استخدام-الصفقات-المتكافئة-بد/
Raafat Amin, “Sorting the Syrian-Egyptian offset agreements,” Al-Ahram, April 18, 2010, accessed August 22, 2014, http://digital.ahram.org.eg/articles.aspx?Serial=116517&eid=1062
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are offset contracts subject to the same level of competition regulation as the main contract?
Researcher4143: Offset contracts and agreements in Egypt are permitted by virtue of article 59 of the Executive Regulations of Law No. 118 of 1975 Concerning Imports and Exports, and articles 66-8 of the List of Rules Implementing the Provisions of Law No. 118 of 1975.
Nothing in these provisions indicates that offset contracts are subject to the same level of competition regulation as the main contract. No such provisions concerning offset contracts and/or agreements could be found in the mentioned laws or in the Law of Contracts, the Civil Code and Law No. 89 of 1998 concerning Tenders and Bidding. Overall evidence also indicates that defence financial affairs and activities, including contracts, are not based on transparent and accountable methods.
The Tender Guide, “Law No. 89 of 1998 Concerning Tenders and Auctions,” accessed August 21, 2014, http://www.monakasat.com/tender.htm
The Egyptian Civil Code (No. 131 of 1948)
Executive Regulations of Law No. 118 of 1975 Concerning the Importation and Exportation.
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?
Researcher4143: Evidence suggests that a number of retired officers have accepted positions as agents or intermediaries between their government and foreign suppliers in relation to procurement transactions, there is no evidence of any restrictions or regulations on such use of agents and intermediaries. For instance, the American case ‘Securities and Exchange Commission v. Thomas Wurzel’ involved a supplier authorizing illicit payments to an Egyptian-based agent for the purpose of influencing officials to award business to UIC related to a military aircraft depot in Cairo, Egypt. There is no evidence of any action that might have had been taken in Egypt against the agent however.
Yezid Sayigh, “Above the State: The Officers’ Republic in Egypt,” Carnegie Endowment for International Peace, August 1, 2012, accessed August 12, 2014, http://carnegie-mec.org/2012/08/01/above-state-officers-republic-in-egypt/d4sx
Ahram Online, “Suspects in Mercedes bribe case referred to criminal court,” April 08, 2011, accessed August 10, 2014, http://english.ahram.org.eg/NewsContent/1/64/9547/Egypt/Politics-/Suspects-in-Mercedes-bribe-case-referred-to-crimin.aspx
‘Mercedes Bribery’ case No. 21 (2011)
U.S. Securities and Exchange Commission, SECURITIES AND EXCHANGE COMMISSION v. THOMAS WURZEL, Civil Action No. 09-Civ-01005 (RWR), United States District Court for the District of Columbia (Filed May 29, 2009), accessed August 10, 2014, http://www.sec.gov/litigation/litreleases/2009/lr21063.htm
Nadia Motawe’a, “Comissions: the corruption backdoor for the coming president,” Al Wafd Newspaper, May 30, 2012, accessed August 21, 2014, http://www.alwafd.org/حوارات-وملفات/93-ملفات%20محلية/205258-«العمولات»-الباب-الخلفى-لفساد-الرئيس-القادم?tmpl=component&print=1&page=
Bsent Zeneddine, “US investigations reveal how a former General received commission to facilitate contracts,” Al Masri El-Yom, February 15, 2012, accessed August 10, 2014, http://www.almasryalyoum.com/news/details/151894
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?
Researcher4143: The affairs of the Ministry of Defence remain both a matter of speculation and that of national security importance and are not officially disclosed to the public.
While general information on procurement activities such as arms deals may be available in the media, matters of particular confidentiality (such as payment timelines, interest rates, commercial loans or export credit agreements) remain undisclosed to the public. For instance, it has been reported that Saudi and United Arab of Emirates provided Egypt with monetary support for arms purchases from Russia. Such information is often obtained from media reports rather than official or governmental publications and channels. Although the purchase deal itself and its strategic impact were reported by ‘The State Information Service’, it did not report key financial details of the deal such as where the funds originated from, the payment timelines, interest rates, or any commercial loans or export credit agreements.
ITAR-TASS News Agency, “Production of S-300 missiles in Russia to be stopped within year – source,” August 22, 2014, accessed August 27, 2014, http://en.itar-tass.com/russia/746166
The State Information Service, “Military purchases deal from Russian to Egypt,” February 19, 2014, accessed August 6, 2014, http://www.sis.gov.eg/Ar/Templates/Articles/tmpArticles.aspx?ArtID=84381#.U_5FbEsn-Iw
Bel Trew, “Egypt Spends $2bn of Saudi money on Russian arms,” The Times, February 13, 2014, accessed August 11, 2014, http://www.thetimes.co.uk/tto/news/world/middleeast/article4004050.ece
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?
Researcher4143: There is no evidence to suggest that the government formally requires the main contractor to ensure that its subsidiaries and sub-contractors adopt anti-corruption programmes, or that it encouraging this informally.
A range of websites were surveyed, including the Training Authority of the Egyptian Armed Forces, Ministry of Defence, the Authority of Organization and Administration, and the Recruitment and Mobilization Administration, along with non-government sources.
The Training Authority of the Egyptian Armed Forces, accessed August 21, 2014, http://mcf.mod.gov.eg/mcf/ViewCourses.aspx
The Authority of Organization and Administration, the Recruitment and Mobilization Administration, accessed August 21, 2014, http://tagned.afmic.gov.eg
Ministry of Defence, accessed August 22, 2014, http://www.mod.gov.eg
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
How common is it for defence acquisition decisions to be based on political influence by selling nations?
Researcher4143: Since the signing of the Camp David peace accords between Egypt and Israel in 1979, Egypt has received annual aid provided by the United States. Much of the aid has gone to military and arms purchases. Outside the scope of such aid, procurement requirements are often fulfilled often on opportunistic basis rather than through a clear, transparent and well-audited defence and security strategy guiding the formulation of such requirements. For instance, spurred by the suspension of aid following months of political turmoil in 2013, Egypt seems to have begun diversifying the sources of its armament purchase. For example, the visit of Field Marshal Abdul Fattah al-Sisi to Moscow (in February 2014) to negotiate an arms deal seems to indicate a new policy direction. The visit indicated a potential change in Egypt's defence policy in regard to its armament choices, and it raised questions about the level of influence that the United States has had on defence acquisition decisions in Egypt. Moreover, the most recent purchases that were made from Russia and France have suggested the element of strategic and political influence associated with the geopolitical situation of Egypt rather than a political influence imposed by the selling state. Such necessities have been used by the Egyptian government while referring to the deal along with its (the government) aim to diverse its military arsenal.
Jeff Goodson, &quoute;When Policies Collide: Security, Democracy And Re-arming Egypt&quoute;, War On The Rocks, July 1, 2015, accessed August 25, 2015, http://warontherocks.com/2015/07/when-policies-collide-security-democracy-and-re-arming-egypt/
Max Fisher, “The cases for and against cutting U.S. aid to Egypt, explained,” Washington Post, August 15, 2013, accessed August 6, 2014, http://www.washingtonpost.com/blogs/worldviews/wp/2013/08/15/the-cases-for-and-against-cutting-u-s-aid-to-egypt-explained/
Egypt Independent, “KSA, UAE to finance Russian arms deal with Egypt,” February 07, 2014, accessed August 11, 2014, http://www.egyptindependent.com/news/ksa-uae-finance-russian-arms-deal-egypt
David Schenker, “Egypt’s Arms Deal with Russia: Potential Strategic Costs,” The Washington Institute, March 04, 2014, accessed August 6, 2014, http://www.washingtoninstitute.org/policy-analysis/view/egypts-arms-deal-with-russia-potential-strategic-costs
BBC News, “Egypt condemns US decision to suspend military aid,” October 10, 2013, accessed August 20, 2014, http://www.bbc.co.uk/news/world-middle-east-24471148
BBC News, “Putin backs Sisi bid for Egypt presidency,” February 13, 2014, accessed August 6, 2014, http://www.bbc.co.uk/news/world-middle-east-26171142
ITAR-TASS News Agency, “Production of S-300 missiles in Russia to be stopped within year – source,” August 22, 2014, accessed August 27, 2014, http://en.itar-tass.com/russia/746166
Bel Trew, “Egypt Spends $2bn of Saudi money on Russian arms,” The Times, February 13, 2014, accessed August 11, 2014, http://www.thetimes.co.uk/tto/news/world/middleeast/article4004050.ece
Times of Israel, &quoute;Egypt to buy S-300 air defence system from Russia&quoute;, May 14, 2015, http://www.timesofisrael.com/report-egypt-to-buy-s-300-system-from-russia/
Aljazeera News, “Egypt Signs Rafale Deal,” February 16, 2015, accessed July 30, 2015, http://www.aljazeera.net/news/arabic/2015/2/16/%D9%85%D8%B5%D8%B1-%D8%AA%D9%88%D9%82%D8%B9-%D8%B5%D9%81%D9%82%D8%A9-%D9%84%D8%B4%D8%B1%D8%A7%D8%A1-%D8%B7%D8%A7%D8%A6%D8%B1%D8%A7%D8%AA-%D8%B1%D8%A7%D9%81%D8%A7%D9%84-%D8%A7%D9%84%D9%81%D8%B1%D9%86%D8%B3%D9%8A%D8%A9
Opinion: Agree with Comments
Comment: Political tensions and influence do affect military procurement as suggested. The American example reveals this correlation. The government has recently justified military procurement based on need. A clear example is the purchase of Rafaele jets from France in the wake of security issues in Libya and the beheading of Egyptian citizens by IS-affiliated groups. Also the Sinai insurgency and the chaos present around the nations borders has been televised daily connoting at the need for more military procurement and readiness.
Political considerations are arguably prioritized over military need, the country's geographical position and borders with Gaza, Libya and proximity to other hazardous zones display the need for the prioritizing of defence. This need has been take as a priority by the Egyptian army that has diversified its sources displaying its ability to neglect political considerations such as western tensions with Russia to guarantee its stable position in the region.
Suggested score:
Opinion: Agree with Comments
Comment: Egypt receives annual military aid from the United States the sole aim of this is political influenced from the U.S. Egypt also sometimes buys arms on its own which has happened during the last two years and mostly to exploit seller influence on international fora to support the current regime. This happened with France and Russia where Egypt bought arms and munitions for more than US$5 billion without any justifications to the public or the Egyptian media for the reasons behind such a buy.
Suggested score:
Researcher4143: Though there is legislation in place, parliamentary power to oversee the defence sector is often undermined and ineffective.
The internal rules of the Egyptian Parliament, in Article 36 (6), provide for the Committee for the defence, National Security and National Mobilization. Article 44 defines the Committee functions as covering the internal and external security of the State, the defence and armed forces' affairs, and the legislation related to them. However, its parliamentary power is undermined for various reasons.
For instance, the Committee's power is challenged by article 203 of the Constitution, which establishes the National Defence Council, whose responsibilities extend to matters of national security and the armed forces budget. Chaired by the President of the Republic, the Council is comprised of high-ranking officers of the defence and security departments along with other government executives. Although its mandates are not specified in the Constitution, it limits, however, the role of the president and expands the role of the military in the state’s affairs as the highest authority in the country.
Simultaneously, members of the Committee for defence, National Security and National Mobilization often complain about the deliberate marginalization of the legislature, and call for greater legislative involvement in the security and defence affairs and debates. At the same time, article 205 of the Constitution establishes the National Security Council, which is responsible for adopting national security strategies. In addition, the frequent public unrest and the suspension of both the Parliament and the Constitution have affected and interrupted the Committee activities.
Finally, the Committee's independence is questionable due to the established connections and interests between its members and defence and security officials.