In Lebanon, corrupt activities are widespread in public institutions.  They come in many shapes and sizes, and are carried out by public servants across the hierarchical chain.  In short, these activities reflect deep, systemic flaws.

So how can we limit such activities?

INFACT, the Lebanese Parliament is currently discussing a draft law for the creation of a National Anti-Corruption Commission (NACC) in the country, which is part of a set of legal reforms Lebanon agreed to adopt at CEDRE, a conference on economic development in which donor countries pledged $11 billion dollars to the Mediterranean nation.

Why is this commission important? What are its rights and responsibilities as per the draft law?

Membership

1. The NACC will be made up of 6 members, including a President and Vice President
2. Four of the 6 members will be appointed by ministerial decree for a period of 6 years (non-renewable), according to the below requirements:
   • One attorney or jurist to be selected from four candidates, which are nominated by the Beirut Bar Association and Tripoli Bar Association (two respectively).
   • An expert accountant, selected from three candidates nominated by the Lebanese Association of Certified Public Accountants.
   • A banking and economic expert, selected from four candidates, two of which are nominated by the Banking Control Commission of Lebanon.
   • A public administration and financial expert selected from three names that the Ministry of the State for Administrative Reform nominates.
3. Two retired judges in honorary positions to be elected according to the rules governing the election of the High Judiciary Council members, by all the senior judges in justice, administrative and financial courts.
4. The NACC is administratively and financially independent, as per article 5 of the draft law.
5. To ensure that the committee independent, the draft law stipulates that selected members of the NACC should not currently be or have been affiliated with a political party, should not hold any other position while serving on the NACC, and should not run for elections until the 6 year term is over.
6. NACC members have legal immunity and cannot be  arrested or arbitrarily fired from their positions.

Responsibilities

1. The NACC is responsible for:
   1. Receive corruption complaints and investigate crimes of corruption without needing prior permission.
   2. Resort to precautionary measures and ask for legal measures (e.g. travel ban) to be taken against a suspect.
   3. Refer cases to the respective public prosecution or submit a claim directly to the concerned judiciary body.
   4. Possesses all the rights and responsibilities given to the state and personal prosecutor regarding civil, criminal, and disciplinary trials at all stages of the investigation.
   5. Lift bank secrecy off persons accused of corrupt activity.

Food for thought: What are the steps that the Lebanese government has to take to establish such a commission? What are the pre-requisites needed to make it a successful regulatory body against corrupt activity?