Does the country have an openly stated and effectively implemented anti-corruption policy for the defence sector?
7a. Anti-corruption policy
Algeria score: 50/100
There is no anti-corruption policy, or there is one but it explicitly does not apply to the defence sector.
There is an openly stated anti-corruption policy, but it is unclear if it applies to the defence sector or the government is in process of developing one that applies to the defence sector.
There is an openly stated anti-corruption policy that applies to the defence sector.
Algeria has an official anti-corruption policy, but it is unclear whether it applies to the defence sector. There is also no evidence that the government is in the process of developing an anti-corruption policy that explicitly applies to the defence sector. There was no significant change to the situation in 2015.
Algeria’s anti-corruption policy was based on the National Anti-Corruption Law (Law No. 06-01 of February 20, 2006, relative à la prevention et à la lute contre la corruption) (1), which was finalized by Presidential Decree (No. 06-413) in November 2006 (2), and then amended and supplemented by another Presidential Decree (No. 12-64) in February 2012 (3). The anti-corruption policy enumerated in the law is broad and makes no reference to corruption in the defence sector. Instead, the code of conduct applies to, “the state, elected assemblies, local authorities, institutions and bodies governed by public law, as well as public companies engaged in economic activities” (Art. 7 of Law No. 06-01/2006). The law refers to public procurement and the private sector.
Algeria has several agencies that are mandated to fight corruption or review suspicious transactions but their missions do not explicitly include the defence sector.
Law No. 06-01/2006 mandates the National Body for the Prevention and Fight against Corruption (ONPLC) with the implementation of the national strategy on corruption (1). There is also the Central Office for the Repression of Corruption (Office central de répression de la corruption, OCRC), which is governed by the presidential decree of December 8, 2011, and is part of the Ministry of Finance. The central mission of OCRC is to: collect, centralize and exploit all information within its jurisdiction (Art. 5). The office includes officers of the Judicial Police under the Ministry of National Defence (Art. 6, 4). Finally, there is the Financial Intelligence Processing Unit (Cellule de Traitement du Renseignement Financier, CTRF), which processes financial information collected through suspicious transaction reports from financial institutions; as well as, non-financial professions including notaries and lawyers. The CTRF was created by Decree no. 02-127, on April 7, 2002 (5).
1) Law No. 06-01 (February 20, 2006), “Relative à la prevention et à la lute contre la corruption”. Accessed October 15, 2018. http://www.interieur.gov.dz/index.php/fr/le-ministere/le-ministère/textes-legislatifs-et-reglementaires/40-le-dispositif-legal-regissant-la-wilaya-et-la-commune/397-la-loi-n°06-–-01-du-20-février-2006-relative-à-la-prévention-et-à-la-lutte-contre-la-corruption.html.
2) Presidential Decree No. 06-413 (November 22, 2006), “Determining the composition, organisation and operating procedures of the national body for the prevention and fight against corruption”. Accessed November 4, 2018. https://www.joradp.dz/FTP/jo-francais/2006/F2006074.pdf.
3) Presidential Decree No. 12-64 (February 7, 2012), “Amending and supplementing Presidential Decree No. 06-413 of November 22, 2006 establishing the composition, organization and operating procedures of the national body for the prevention and fight against corruption”. Accessed November 4, 2018. https://www.joradp.dz/FTP/JO-FRANCAIS/2012/F2012008.pdf.
4) Presidential Decree No 11-426, (December 8, 2011), “Determining the composition, organization and operating procedures of the central office for the repression of corruption”. Accessed October 18, 2018. https://www.joradp.dz/FTP/jo-francais/2011/F2011068.pdf
5) “About the CTRF”, mf-crtf.gov.dz, Accessed October 18, 2018. http://www.mf-ctrf.gov.dz/a%20propos%20de%20la%20ctrf.html.
7b. Effective implementation
Algeria score: 0/100
There is no action plan to implement the policy, nor have any actions been taken.
There is an action plan at the ministry level but it is superficial, and does not address the institutional weaknesses in the system, OR there efforts to implement an action plan at the national level.
There is an action plan at the ministry level that reflects the institutional weaknesses in the system, but no actions have been taken to implement it.
There is an action plan at the ministry level that reflects the institutional weaknesses in the system. While steps have been taken to implement the plan, it is either behind schedule, or implementation is not addressing the priority items in the action plan.
The action plan at the ministry level reflects the institutional weaknesses in the system, and implementation has progressed according to the estimated timeline.
It is unclear whether Algeria’s anti-corruption policy applies to the defence sector, and no action plan could be found on the Ministry of Defence website (1).
Scholars have emphasized that corruption is an essential part of the Algerian system of governance. Political corruption can pay for the loyalty of high-ranking regime members, and can be used against competitors (2). Therefore, political corruption can be considered as a tool to monitor and regulate conflicts in the Algerian government (3). Since any real anti-corruption efforts would destabilize the system, their implementation is very difficult (2). Against this background, the Algerian leadership, including the military, aims to maintain the status quo, and it is doubtful that any anti-corruption initiative will be implemented effectively. The BTI notes that the anti-corruption legislation has not been implemented (4).
1) mdn.dz. Accessed November 5, 2018. https://www.mdn.dz/site_principal/accueil_an.php.
2) Dalia Ghanem-Yazbeck.“Limiting Change Through Change. The Key to the Algerian Regime’s Longevity.” Carnegie Middle East Center, April 2018. Accessed October 17, 2018. https://carnegieendowment.org/files/CMEC_70_Yazbeck_Algeria_Final.pdf.
3) Mohammed Hachemaoui. “Qui gouverne (réellement) l’Algérie?”, Politique africaine, 2016/2, n° 142. Accessed November 5, 2018. https://www.cairn.info/revue-politique-africaine-2016-2-page-169.htm.
4) “Bertelsmann Transformation Index: Algeria Country Report 2018,” bti-project.org. Accessed November 17, 2018. https://www.bti-project.org/en/reports/country-reports/detail/itc/DZA/.
Compare scores by country
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|Country||7a. Anti-corruption policy||7b. Effective implementation|
|Algeria||50 / 100||0 / 100|
|Angola||0 / 100||NA|
|Burkina Faso||100 / 100||25 / 100|
|Cameroon||100 / 100||25 / 100|
|Cote d'Ivoire||100 / 100||0 / 100|
|Egypt||0 / 100||NA|
|Ghana||50 / 100||25 / 100|
|Jordan||50 / 100||NEI|
|Kuwait||75 / 100||50 / 100|
|Lebanon||50 / 100||NA|
|Mali||0 / 100||NA|
|Morocco||25 / 100||NA|
|Niger||100 / 100||25 / 100|
|Nigeria||50 / 100||25 / 100|
|Oman||0 / 100||NA|
|Palestine||0 / 100||NA|
|Qatar||0 / 100||NA|
|Saudi Arabia||25 / 100||0 / 100|
|Tunisia||100 / 100||50 / 100|
|United Arab Emirates||50 / 100||NA|