The proposed policy aims at enhancing government transparency by ensuring citizens’ access to information, particularly about the legislative process and public finances, thereby allowing greater civic participation, government transparency and accountability.
2. EXECUTIVE SUMMARY
Lebanon has one of the most irrelevant. Another challenge facing
corrupt governance systems in the anti-corruption initiatives is the
world. Both a result and a cause need for efficient accountability
of the persistence of its sectarian mechanisms and institutions as
system, corruption creates endemic well as an independent judiciary in
clientelism that negatively influences order to create an overall enabling
citizen participation, socio-economic environment.
development, and government
performance. The proposed policy aims
at enhancing government
Although Parliament ratified the transparency by ensuring citizens’
United Nations Convention Against access to information, particularly
Corruption (UNCAC) in 2008, about the legislative process
Lebanon continues to be plagued and public finances, thereby
by rampant corruption due to allowing greater civic participation,
structural, institutional, social and government transparency and
economic factors. Lack of access to accountability.
information, inability to monitor public
spending, and weak accountability This policy proposal aspires to fight
mechanisms are among the many corruption by:
reasons contributing to corruption.
In addition, the sectarian system of Improving access to information
power-sharing does not allow for laws;
horizontal accountability among the
Improving transparency of the
different branches of government.
legislative process;
The political and economic costs of Enhancing public budget
corruption threaten the country’s transparency.
stability, growth, and democratic
system. In the last two decades, Adopting and enforcing the
civil society organizations (CSOs) implementation of these policies
have tackled this issue but have requires a long-term process
not succeeded in persuading that starts by documenting and
decision-makers of real changes researching relevant tools and
and required reforms. Though anti- decisions, piloting action with a
corruption laws are being negotiated maximum number of citizens,
in parliamentary committees, and supporting government in
there is the risk that they may not implementing reforms.
pass or that they may be amended
to such a degree as to become
1
3. FRAMING THE ISSUE
The Problem
The Lebanese Parliament ratified the
United Nations Convention Against
Corruption (UNCAC) in 2008. The
Convention proposes measures to Lebanese Citizens cannot
prevent and criminalize corruption, access the voting records
of committee meetings of
promote international cooperation,
MPs.
and facilitate asset recovery. Yet
(Lebanese Parliamentary bylaws)
Lebanon continues to suffer from
severe corruption due to structural,
institutional, social and economic
factors. Lack of access to information,
inability to monitor public
spending, and weak accountability Situation Brief The Urgency
mechanisms are among the many
reasons contributing to high rates of Lebanon faces high political and
corruption. The following challenges hinder
economic risks and citizens cannot
efforts to combat corruption and
afford an increase in public debt and
Corruption in Lebanon exists in enhance government performance:
continuing deterioration of public
all its forms, including bribery, 1. Confessional power-sharing leads services. Fighting corruption is
nepotism, favoritism, patronage, to the distribution of public assets becoming a priority for Lebanon’s
embezzlement, and vote-buying. The and resources based on sectarian political, economic, and democratic
sectarian system is an enabler for interests. development. Concrete measures
many corrupt practices that result to fight corruption and improve
in economic monopolies, unfair 2. Lack of awareness of the causes
government performance are needed
distribution of public assets, and low and consequences of corruption.
to restore trust in state institutions
levels of citizen participation. One of 3. Weak and ineffective institutions and and respond to growing economic
the main means to fight corruption mechanisms to fight corruption. crises and social challenges.
is by ensuring citizens’ access to
information and providing them with 4. Weak legal framework and lack of
proper judicial controls. With the intensification of
the mechanisms to hold government international pressure and buildup
accountable. 5. Endemic nature of corruption, of citizens’ dissatisfaction, it is
which affects all levels of government. becoming imperative to ensure
6. Inability of citizens and voters to transparency, accountability and
hold public officials accountable. good governance standards within
the legislative, executive, and judicial
7. Invisible line between politics and branches.
large private corporations.
2 3
4. LOOKING AT EXISTING POLICIES, LAWS
AND PRACTICES
The following policies, laws and practices reflect the choices made by the
Lebanese government to improve the quality of public services. However,
1 Transparency
throughout our research, we could not identify any clear policy to fight corruption.
In assessing existing policies, we used three key indicators that are essential for 2 Accountability Mechanisms
any policy option aimed at fighting corruption:
3 Citizen Participation
1. guarantee transparency
2. provide accountability mechanisms
3. allow citizen participation
Policy Policy
Law Assessment Law Assessment
Practice Practice
> Judicial proceedings are slow and do not conform to procedural > Vote-buying is a common practice during parliamentary elections
Judicial System &
Legal Framework
transparency standards. and is impossible to monitor due to bank secrecy, among other
reasons.
Campaign Finance
> The judiciary lacks autonomy and is manipulated by political players.
Electoral &
> The judicial system, like other public institutions, is affected by > Management of the elections falls under the purview of the Ministry
corruption. As a result, courts do not respond to allegations of of Interior and Municipalities and the executive branch, rather than
corruption. an independent body, leading to political interference.
> Social and economic services are provided by sectarian political
parties before and after elections based on partisan interests. The
> The internal by-laws of the legislature keep parliamentary
committee proceedings secret and do not require publishing MPs’ lack of clear campaign finance controls contributes to corrupt
voting records. practices and lack of accountability.
Performance
Legislative
> Due to the confessional system and electoral law, the legislative
Information & Communication Technology (ICT)
Strategy, Infrastructure & Regulatory Framework
branch does not question nor hold the executive branch accountable.
> The legislative process is not transparent; law proposals and
adopted laws are not easily accessible. > Public institutions are resistant to integrating ICT into their practices
due to lack of political will, capacity, and resources.
> The technological infrastructure is weak, with slow internet speed
> The state budget is neither performance- nor policy-based, but rather and limited broadband access.
divided per ministry as a result of clientelism and partisan interests.
> Laws related to e-government have yet to be passed, and the ones
> The budget development process is inefficient and does not allow for
Budgeting
that were adopted are not enforced.
citizen participation.
Public
> There is no clear mechanism to monitor spending and access > Lebanon does not have an access to information law and does not
financial reports per ministry and public institution. have systemized archiving and publishing mechanisms.
> For at least seven years, public budgets have either been delayed or
not issued at all.
4 5
5. CONSIDERING POLICY OPTIONS “ Corruption is theof a publicauthority for personal or privateexploits decisions
misuse of benefit. It occurs
when an incumbent post or a person with authority
The following table describes policy options for fighting corruption based on
or information for the advantages of his own tribe, group or relatives.
”
Towards a National Anti-Corruption Strategy
thorough research and participatory consultations with stakeholders around the
country. Each policy is based on different assumptions, has a specific objective
and strategies, and presents different advantages and disadvantages.
Policy Assumptions Objectives Strategies Advantages Disadvantages Experts’ Take Policy
options options
1 > Transparency in > Provide access > Advocate for the > Proposed laws were > These laws are “Political and sectarian fig- 1
Whistleblower protection
Whistleblower protection
Access to Information &
Access to Information &
government decreases to all types of adoption of a set developed according subject to discussions ures are afraid of scandals…
corruption as the information pertaining of laws related to to international within Parliament, If citizens had access to
performance of politicians to government access to information standards and and might be information, facts and real-
becomes more exposed. performance and and whistleblower advocated by a network amended to such a ity, they would use them
protect civil servants protection, and monitor of CSOs under previous degree as to lessen to fight corruption at the
> Informed citizens who expose acts of their implementation. initiatives, and are their impact on highest levels.”
are empowered to hold corruption. being discussed fighting corruption.
politicians accountable. in parliamentary Dr. Randa Antoun, Associate
committees today. Professor at the American Uni-
versity of Beirut
2 > Integrating ICT in > Simplify government > Create a legislative > There is an ICT > The e-government “E-governance and a proper 2
government operations procedures, make framework for strategy and a legislative framework ICT infrastructure will
streamlines procedures and them accessible to e-government coordination unit is insufficient as provide citizens with the
ICT Integration &
ICT Integration &
E-Government
E-Government
interactions between public citizens, and publish and enforce its within the Prime it requires a long means to claim their rights,
servants and citizens. performance reports implementation, while Minister’s office process of integration and institutions with the
related to public improving broadband that has drafted and coordination needed efficiency to pro-
> E-government allows services and policies. and telecom services. laws related to to ensure vide services.”
easy access to information e-government. implementation and
for citizens and contributes enforcement. Salam Yamout, Head of the ICT
to national development Coordination Unit, Office of the
indicators. Prime Minister
3 > A public body is needed > Create a public > Lobby for the > This issue is > Within a weak "Simple anti-corruption 3
to enact the UNCAC and body of lawyers and creation of the being discussed judicial framework, measures by government
Higher Commission
Higher Commission
to Fight Corruption
to Fight Corruption
develop a national strategy experts focused on Higher Commission in parliamentary the appointment and political parties can
to fight corruption. fighting corruption to Fight Corruption committees and is a process for the Higher help citizens feel the differ-
and coordinating and ensure CSOs and requirement of the Commission to Fight ence and restore their trust
> A public body coordinates implementation of a non-governmental UNCAC that Lebanon Corruption might fall in the state.”
efforts to fight corruption national strategy. organizations (NGOs) has ratified. prey to clientelism
and becomes a focal point are represented. and render it inactive. Dr. Khalil Gebara, President of
for citizen complaints. the Lebanese Center for Good
Governance
6 7
6. RECOMMENDING POLICY
Access to Information Legislation
This policy brief focuses on the first policy option highlighted above—access to
information and whistleblower protection—as the most urgent and actionable “ Simple anti-corruption measures by government and political parties
by CSOs, NGOs, and community-based organizations (CBOs). can help citizens feel the difference and restore their trust in the state.
Citizen access to information is a requirement for any anti-corruption and
”
Dr. Khalil Gebara,
accountability mechanisms. It is one of the main rights stipulated in Article 19 President of the Lebanese
of the Universal Declaration of Human Rights and the UNCAC. Center for Good Governance
Citizens have the right to know about the performance of their government
representatives, voting records within Parliament, and how their taxes are
spent. Access to information would ensure greater government responsiveness
to citizen concerns and accountability of elected officials.
The following pillars and arguments illustrate how access to information can
contribute to fighting corruption and promoting government transparency and
accountability:
Pillar Pillar Pillar
Promote access to information Enhance transparency of the Ensure public budget transparency. Create a Higher Commission to
legislation to enforce archiving, legislative process. Parliament’s The budget development and Fight Corruption, and Strengthen
analyzing and publishing of all by-laws should be reformed to monitoring process should be the judiciary and other
relevant data by public institutions, open parliamentary committee reformed to make it more inclusive, accountability mechanisms,
including laws on access to meetings and document MPs’ voting participatory, and transparent. such as the Higher Council for
information, on whistleblower records and other affairs. Access the Prosecution of Presidents
Fighting corruption requires access
protection, and around illicit wealth. to information allows meaningful and Ministers, the Court of Audit,
to information on public financial
These laws go hand in hand to provide citizen participation, representation, and the Civil Service Board.
management, starting from the
citizens with the needed information and ability to hold parliamentarians
national budget development These institutions would
and authority to hold public officials, accountable by knowing about their
process to spending mechanisms strengthen the notion of
while preserving their right to do so debates, stances, and votes on
and financial reporting. accountability and support
and not be subjected to threats or issues, in addition to being able to
harm. If passed, these laws would monitor the legislative process. In the long run, an access to its implementation, therefore
provide citizens with mechanisms for information policy should be limiting corruption in public
holding government accountable and complemented with efforts to: institutions.
exposing acts of corruption.
Promote ICT integration and
E-government infrastructure,
8 9
7. THE WAY FORWARD
Pillar
Promote Access to Information Legislation Past Proposals & Reform Efforts
Three interrelated law proposals on Launched in 2008, the Lebanese
access to information, whistleblower Network for Access to Information, a > In 2012, Beyond Reform and Development (BRD) developed a paper
protection, and illicit wealth are being CSO coalition that played a key role with practical recommendations on ways to enhance citizen-parliament
discussed within parliamentary in introducing the laws mentioned relations for improved legislative performance and citizen participation.
committees. The next step will be to above, was largely inactive from
put these reforms on the agenda of 2010 to 2012. Efforts to reactivate > The Lebanese Network for Access to Information proposed access to
the Parliament’s General Assembly the network were recently launched,
information and whistleblower protection laws that are currently being
for a vote. The current situation spearheaded by the Lebanese
debated in Parliament.
presents three key challenges: Transparency Association (LTA), and
an LTA representative has been
>
During discussions in attending parliamentary committee “Towards a National Anti-Corruption Strategy” developed by LTA,
parliamentary committees, it meetings. To move the effort forward, proposed a Higher Commission to Fight Corruption, currently being
is important to maintain the civil society actors have one of two drafted into a law.
integrity of the law proposals options:
that were developed by civil > In 2007, Nahwa el Muwatiniya proposed an amended illicit wealth law
society to prevent major changes Join the Lebanese Network and obtained the endorsement of some MPs.
that would dilute the impact of for Access to Information and
the proposed reforms. actively lobby Parliament while > LTA published the Campaign Finance Monitoring Toolkit and
monitoring parliamentary
The timeframe between Standards in 2009.
committee discussions on
concluding parliamentary the proposed laws so that key
committee debates on the law articles are not changed and are > The Lebanese Association for Democratic Elections (LADE) has
proposals, placing them on the put to a General Assembly vote. documented hundreds of cases of vote-buying and campaign spending
agenda of the General Assembly, violations.
and voting on them might be
Launch a parallel campaign,
long, especially since there are
using social media and creative > In 2005, the Parliament passed the Ombudsman Law. However, the
300 pieces of legislation on the
actions, to expose MPs who Ombudsman institution has yet to be established.
agenda that have yet to be voted
attempt to alter the integrity of
on.
the proposed laws or who vote
against those laws in the General
Once a law is passed, the
Assembly.
executive decrees required to
begin implementation of the new
law must be issued, which might
again take a long time.
10 11
8. THE WAY FORWARD
Pillar Pillar
Enhance Transparency of Ensure Public Budget Past Proposals & Reform Efforts
the Legislative Process Transparency
Parliament’s current by-laws present Public budget and financial reports
barriers to access information are posted on the Ministry of Finance > The Arab Network for Social Accountability (ANSA) was created in 2010
related to the legislative process. This website (www.finance.gov.lb) , but and includes members from the public, private, and NGO sectors.
issue has not been a priority in the are not simplified in a way that
public discourse or the civil society makes them accessible to citizens. > The ICT Unit at the Presidency of the Council of Ministers is working
agenda, though it is a pre-requisite Key stakeholders, including CSOs on an e-transaction law, improving broadband access, and integrating
for informed citizen engagement. and NGOs, lack the competencies e-government.
Three main types of information are to understand these reports.
needed for citizens to be informed Moreover, some information, such
and should be included in the by- as budget allocation per ministry, > The 2003 National ICT Strategy developed by the Office of the Minister
laws: is inaccessible and does not allow of State for Administrative Reform (OMSAR) has instituted a number of
issues-based budget monitoring. The mechanisms for transparency and improved access to public services.
Voting Records of MPs:
Citizen Budget Project, an initiative
Parliament established a
launched by the Ministry of Finance > MP Ghassan Moukhaiber has proposed reforms of the Parliament’s by-
computerized voting records
in 2007, has developed analytical laws to increase transparency of the legislative process.
system in 1996, which was
reports that provide a useful starting
refurbished in 2011. This
point for enhancing public budget
system is not being used. > The Lebanese Parliamentary Monitor launched by Nahwa el Muwatiniya
transparency. To build on this effort,
civil society stakeholders need to be in 2006 documents the performance of MPs from secondary sources.
Parliamentary Committees’
Agenda and Minutes equipped to access and analyze two
of Meetings: These are critical components: > The Lebanese Physically Handicapped Union (LPHU) initiated the Open
confidential per Parliament’s Budget Project in 2007 to promote access to information related to
Budget Development Process: accessibility for persons with disabilities.
by-laws, and deliberations
Understanding the budget
within parliamentary
development process will enable
committees are generally > The Ministry of Finance launched the Citizen Budget Initiative in 2007,
stakeholders to recommend
closed to civil society. with support from the United Nations Development Program (UNDP),
reforms and enhance their ability
to participate in the process. aiming at producing simplified, non-technical representation of the
Parliament Database of Law
state budget.
Proposals: There are almost
Budget Data Analysis:
300 law proposals currently
Simplifying budget data and
in Parliament, which are > Lebanese Parliamentarians Against Corruption is active on a number of
linking it to specific issues
inaccessible to citizens even accountability law proposals and initiatives.
related to citizen concerns will
though they are contained in a
allow citizens to be sufficiently
computerized database.
informed to participate in public
decision-making.
12 13
9. FUTURE ACTION
SHORT TO MEDIUM TERM LONG TERM
National Level Local Level National Level Local Level
Outcome
Expected
Outcome
Expected
The Parliament’s General Assembly passes access to information legislation The Cabinet issues decrees to implement laws passed by Parliament to
Information Legislation
Information Legislation
Promote Access to
as advocated by civil society before the next parliamentary elections increase citizen access to information
Promote Access to
Engage NGOs, CBOs, and civic Focus the civil society coalition’s
Build a coalition of NGOs, CSOs, and Build t h e capacity of local
groups in monitoring information campaign to putting pressure on
Strategy
social media activists to monitor stakeholders to put pressure on
Strategy
at the governorate, district, and the Cabinet to issue decrees and
parliamentary committee discussions entities at the governorate, district,
municipal levels and in putting monitor government institutions’
and General Assembly voting on the and municipal levels to publish
pressure on MPs in their districts compliance with the laws passed
proposed laws information as per the passed laws.
to support access to information by Parliament
Outcome
Expected
The issue of legislative transparency is a citizen priority and part of the public
Outcome
Expected
Parliament reforms its by-laws by incorporating the recommendations
of the Legislative Process
discourse, specifically access to MPs’ voting records, the meeting minutes of
Enhance Transparency
of the Legislative Process
suggested by civil society
Enhance Transparency
parliamentary committees, and the law proposals submitted to Parliament
Increase the number of civil society
Develop recommendations to
and social media activists requesting Enable local mainstream and Build t h e capacity of local
amend Parliament’s by-laws and
Strategy
permissions to attend parliamentary social media to monitor local MPs’ stakeholders to lobby their MPs to
Strategy
launch a social media campaign
committee and General Assembly voting records and stances within adopt reforms to Parliament’s by-
to expose opposing MPs and
meetings, and publicize data on social parliamentary committees, and laws and provide them with access to
pressure the legislature to adopt
media networks, thus challenging the publicize them to citizens locally their MPs’ stances on the issue.
the recommendations
parliamentary by-laws restrictions
Outcome
Expected
Outcome
Expected
Key stakeholders understand public budgets, and are able to monitor and One ministry adopts a transparent budget development process and
Budget Transparency
Budget Transparency
influence the budget development process engages key stakeholders in that process
Ensure Public
Ensure Public
Develop and build the capacity of Bring together stakeholders Bring together local stakeholders
stakeholders to understand the budget Simplify public budget information around an issue pertinent to one to work with municipalities, develop
Strategy
Strategy
development process and enable them and make it locally accessible ministry, develop budget process budget process reforms, and engage
to analyze components relevant to through creative tools reforms, and engage with the with those municipalities to adopt
their work ministry to adopt the reforms the reforms.
14 15
10. ILLUSTRATIVE ACTIVITIES ENGAGING WITH DIFFERENT
STAKEHOLDERS
In the last decade, several civil society-led initiatives have pushed for access to The suggested policy option must be endorsed by key stakeholders and policy-
information and government transparency in Lebanon. Despite these efforts, the makers to be implemented. The influence that the various stakeholders yield
country continues to suffer from lack of transparency and rampant corruption. on the decision-making process will determine how they should be engaged
It is crucial for civil society to achieve incremental successes to rebuild trust and the messages they should receive. Below is a list of stakeholders to be
that reform is possible while using more direct and creative tools to increase its considered.
reach and influence.
> President of the Republic > Political parties > Business associations
The following are suggestions for illustrative activities based on expert > Cabinet of Ministers > Lawyers & Judges > Syndicates
roundtables, interviews, and focus groups, which can be adopted by NGOs, > Ministry of Finance > Civil servants > Bar Association
CSOs, and CBOs to advance citizens’ right to access information. > OMSAR > Judiciary > Media Outlets
> Municipalities & Unions > Court of audit > Voters
of Municipalities > Civil Service Board > Academia &
Research Institutes
Illustrative Activities at the Illustrative Activities at the > NGOs, CSOs & CBOs
National Level: Local Level:
Develop a strategy for direct actions Create models of transparent budget Each of these entities requires a different strategy and approach to ally it with
to pressure MPs to pass access to development and monitoring with
the suggested policy. The following table highlights the incentives for the key
information legislation. municipalities and demonstrate their
implications on local development. stakeholders to adopt or support the proposed policy. These incentives can form
Raise the awareness of public the basis for developing communication messages to persuade the stakeholders
servants on how access to Use available information on MP’s to take action.
information can benefit their stances to allow local constituents to
institutional performance. hold them accountable.
Provide business associations with Develop a “Municipal Monitor” to Stakeholders Incentives
case studies on how their productivity increase access to information at the
can be enhanced with improved local level. Parliamentary Blocks & Rebuild trust and credibility with constituents and
access to information. Committees improve responsiveness to their needs
Advocate for publishing all local affairs
Engage the media at the national and decisions online. Municipalities & Unions Increase representation, responsiveness to
level in exposing acts of corruption. of municipalities citizens’ needs and reach out to different groups
Integrate ICT mechanisms to provide
Create a social media platform citizens with access to information on Decrease corruption and enhance public
for publicizing corruption-related municipal procedures and services. Cabinet & Ministries institutions’ performance, which will motivate
complaints using a “name and shame” citizens to comply with the law and pay their taxes
Disseminate legislative information
strategy.
at the local level and discuss them in
Court of Audit & Civil Reclaim their role and authority while becoming
Build court cases against corrupt townhall meetings.
Service Board more respected by citizens
politicians and use them as
Engage with the media at the local
precedents to lobby for access to
level to expose acts of corruption. Improve the business environment by overcoming
information. Business Associations & administrative bureaucracy and corruption, in
Engage with local civil servants who Syndicates
Enhance the role of the Prosecutor addition to being more able to study external risks
wish to expose cases of corruption.
General to respond to acts and
complaints of corruption. Create youth local councils to shadow Become better informed to influence public policy
NGOs, CSOs, & CBOs and hold decision-makers accountable
municipalities.
16 17
11. PARTIAL LIST OF REFERENCES
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Bulletin. Retrieved from http://www.meforum.org/meib/articles/0 10 2_ l2.html Retrieved from http://www.nowlebanon.com/NewsArchiveDetails.aspx?ID=128060
Access to Information Draft Law: Overview (2009). Lebanese Network for the Right of Access Middle East Advocacy and Research Center, http://www.marc-lb.org/index.php
to Information, Beirut.
National Integrity System Study (2009). Lebanese Transparency Association. Beirut, Lebanon.
Adwan, C. (n.d.). “Corruption in Reconstruction: The Cost of ‘National Consensus’ in Post-
War Lebanon.” Retrieved from http://depot.gdnet.org/newkb/fulltext/adwa n.pdf Newell, D. (2008). “Corruption in Lebanon: Between Decline and Steadiness.” NOW Lebanon.
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Antoun, R. Associate Professor at the American University of Beirut. (September 13, 2012).
Personal interview by N. Menhall, BRD/I. Rossis, Nicholas, Michael. (2011). The Informal Economy in Lebanon: Dangers and Benefits.
Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.
Balboa, J., & Medalla, E. M. (May 2006). “Anti-Corruption and Governance: The Philippine ac.uk/733/
Experience.” APEC Study Center Consortium Conference, Ho Chi Minh City, Vietnam.
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Jour. Retrieved from http://www.transparency- lebanon.org/press/Ar_Printemps%20
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Takydine, S. Lawyer and Legal Expert (September 25, 2012). Personal interview by N.
Corruption in Lebanon (n.d.). Lebanese Transparency Association, Beirut. Retrieved from Menhall, BRD/I.
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"Corruption Remains Rampant in Lebanon, Transparency Organization Warns” (June 14, Association, Beirut.
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14/176776-corruption-remains-rampant-in- lebanon-transparency-organization-warns.ashx Towards a National Anti-Corruption Strategy (n.d.), Lebanese Transparency Association and
UNDP, Beirut.
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Devre, G. (2011). State Corruption in Post-War Lebanon: The Relation Between Post-War
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18 19
12. This policy brief was developed by Beyond Reform & Development , part of BRD/I Group S.A.L.,
in close collaboration with experts, activists and civil society organizations.
Lebanon, 2012