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writes a FOCUS on a pertinent issue!
Civil Servants &
Corruption in Yemen
By: Dr.
Salah Haddash*
Yemen, like many other countries, suffer from many administrative faults,
especially in the public sector. One of these problems or faults is corruption,
especially bribery which is the subject of this article. The phenomenon
of corruption, its causes and consequences, the legislation combating this
crime, and the proposed solutions are covered here.
The new government's program emphasizes the fact that in order to establish
the institutions of a democratic state, the government continues the efforts
of combating all kinds of corruption in the administrative apparatus.
The Phenomenon
Corruption can be divided into two types:
1- Petty corruption practiced by civil servants; and
2- Grand corruption practiced by senior public officials who can be
decision makers.
This article deals mainly with petty corruption, not with grand corruption
which is more complicated and difficult to prove. It is usually connected
with major public projects and often involves foreign parties.
In Yemen, concluding any dealing with officialdom takes a long time,
if certain payments are not made. In fact, some civil servants have people
working for them as middlemen, getting bribes from the citizens. The paid
amount is usually distributed among the people involved in completing the
paperwork. The amount is not fixed, but depends on the subject and type
of paperwork involved. If the citizen is expecting to receive some money
then the bribe's amount is raised further. When no payment is made and
the paperwork is delayed by a corrupt official, a superior official would
not intervene to help the concerned citizen. In other words, none of the
corrupt civil servants is accountable for deliberately blocking the citizens'
interests. Bribery has become deeply rooted in the administrative apparatus
and culture in Yemen. It has become an institution implicitly recognized
and accepted by the Yemeni society.
The Causes
Civil servants are not well paid. For example, a recently employed
university graduate receives a monthly salary of YR 8,000. This salary
is so low to the extent of not covering the minimum of life's necessities.
It is important to show how much an average civil servant would need for
his and his family's expenditure.
1- The average house rent in Sanaa, for instance, is not less than
YR 5,000 a month.
2- Daily transportation to and from work costs an average of YR 40
a day, which amounts to YR 1,200 a month.
3- Food for an average family costs about YR 500 a day, which amounts
to YR 15,000 per month.
4- Electricity, water, and telephone bills cost around YR 1,500 a month.
5- Extra expenditures are also incurred in cases of illness and essential
medical care. There is no social security system in Yemen.
6- School fees and pocket money for the children amount to a lot due
to the fact that most Yemeni families are quite large. State schools are
declining in standards so people tend to send their children to private
schools. The minimum cost of private school fees is around YR 1,500 a month
for each child.
7- Recreation activities such as the very popular qat chewing cost
on average a daily minimum of YR 150 (YR 4,500 a month). A packet of cigarettes,
another favorite of Yemenis, costs YR 80 (YR 2,400 a month).
So an average civil servant would need about YR 32,000 a month to cover
the minimum of living expenses.
To solve this problem, a civil servant would use two solutions. Some
employees work in different places at the same time. They sign their names
in the morning at the regular place of employment, and then go to work
somewhere else. Or sign the whole month in advance in collusion with the
personnel administrator. Other employees work in the afternoon.
The civil service law prohibits civil servants from doing extra jobs.
This clause of the law, however, is not respected due to the life's difficulties.
In order to increase their income, other employees receive bribes.
They are encouraged by the fact that there has never been a court case
of corruption reaching a final verdict. This goes on in spite of much talk
by the officials and official media about combating corruption in Yemen.
Also, there is no positive role model to be emulated in this respect.
The Consequences
There are many negative consequences for corruption such as civil servants
simply obstructing the day-to-day administrative process. They blackmail
people and make them pay bribes. People may lose some of their rights due
to the delays experienced in their paperwork. Bribery frustrates the people
and reflects a negative image of the country.
Also, the ill-gotten money gained through bribery represents a growing
invisible economy whereby some civil servants get an income for which they
have not made any positive efforts. It is often noticed that some civil
servants with ostensibly limited monthly salaries are able to buy real
estates, cars, send their children to expensive private schools, chew the
best quality qat on daily basis, frequently travel abroad as tourists,
and indulge in other luxuries.
Corruption & Penal Law
The crime of corruption in Yemen is covered by the Crimes and Punishments
Law No. 12 of 1994 (penal code). However, this law does not offer a specific
definition for the word corruption within its general definitions in the
first chapter.
Reviewing the chapter concerned with bribery, a definition of bribery
can be gleaned. It is any demand, present, privilege, or promise received
by a any civil servant in return for doing, or refraining from, a certain
act which contravenes the employee's official duty.
The punishment for such a crime, as specified by the above law, is
imprisonment for not more than ten years. If one of the parties involved
in such a crime informs the administrative or judicial authorities, then
that party will be pardoned (Article 151).
The crime of bribery is also extended to the civil servant who demands
money or other favors after doing or refraining from doing a certain act.
The punishment of such a crime is imprisonment for not more than seven
years (Article 153).
If a person offers a public servant a present, a privilege, or a promise
thereof for doing or refraining from a certain act, then that person is
punished with imprisonment for not more than three years (Article 154).
In all cases of bribery, the court can confiscate all the money or
handouts involved in the bribe (Article 161). There are other articles
in this law related to bribery, but the above are the most relevant.
Solutions
* The penal law must be fully, comprehensively and impartially enforced.
All known corrupt public servants must be tried and sentenced by the penal
courts.
* A continuous media campaign must be waged against corruption in general
to raise public awareness of this issue.
* Special volunteer and official committees must be formed to detect,
investigate, and report instances of corruption.
* Government salaries must be proportionately increased with the actual
cost of living.
* The central control and audit apparatus must be more effective in
uncovering cases of corruption and misuse of power.
* All persons involved in corruption must be tried in accordance with
the enacted laws.
____________________
* Dr. Salah Haddash has a Ph.D. in law from France. He is currently
the managing editor of Yemen Times, and assistant professor at Sanaa University.
