This chapter presents the reforms undertaken in the Middle East and North Africa and the existing opportunities for governments to develop comprehensive public integrity, public procurement, infrastructure governance and regulatory policy frameworks; to improve the digitalisation of public administrations; to reinforce the skills and capacities across the civil service; and to ensure inclusive access to quality public services.
Governing for Sustainable Prosperity in the Middle East and North Africa
OECD Public Governance Reviews
Abstract
Citizens and businesses interact with their governments mainly through their access to public services. Delivering effectively means providing policies and services that are qualitative, accessible and responsive to society’s needs, and for which governments are accountable. In times of crisis, such as during the COVID-19 pandemic, ensuring the continuity of services is particularly essential, thus underscoring the necessity for resilient and agile administrations.
In the Middle East and North Africa (MENA) region, most governments have embarked on structural reforms designed to modernise public administrations processes, enhancing civil service performance and reinforcing accountability to serve citizens better and build trust. However, as mentioned in Chapter 1, a majority of citizens remain unsatisfied with their governments’ performance, and the region continues to face major challenges in terms of government effectiveness1 (Figure 4.1).
Worldwide Governance Indicator on government effectiveness at the regional level and in the OECD in 2012, 2017 and 2022
Note: The Worldwide Governance Indicators (WGI) are a research dataset summarising the views in quality of governance provided by a large number of enterprise, citizen and expert survey respondents. These data are gathered from a number of survey institutes, think tanks, non-governmental organisations, international organisations and private sector firms. Percentile Rank (0-100) indicates rank of countries or territories among all countries and territories in the world. 0 corresponds to lowest rank and 100 corresponds to highest rank. “MENA” refers here to the average across Algeria, Bahrain, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, West Bank and Gaza Strip, Qatar, Saudi Arabia, Syria, Tunisia, the United Arab Emirates and Yemen.
Source: Author’s work based on (World Bank, n.d.[1]).
The OECD Trust Survey highlights that experience and satisfaction with public services is highly related to levels of trust: the more people feel that their administration delivers effectively through quality services, the more they are likely to trust their government and administration (OECD, 2021[2]). Results from the 2023 survey confirm the importance of transparency for citizen trust in government (OECD, 2023[3]).
A human-centred approach focusing on people’s needs, experiences, and perspectives can help understand users’ real needs and design the most appropriate solutions. The OECD is developing a new Recommendation which details several enablers for human-centric public policies and services (OECD, 2024[4]). Public integrity is critical to ensure transparency and accountability in using public funds, including through public procurement, which can be leveraged to improve the quality of public goods and infrastructure. Reducing red tape and improving responsiveness and access through digitalisation and regulatory policy and tools is also an important way to meet the necessary quality standards. Finally, public policies and services are designed and implemented by civil servants. Building the civil service’s competences and skills is thus key to make sure they are equipped to responding to current and future needs.
This chapter takes stock of recent initiatives implemented by MENA governments across these different enablers, vis-à-vis OECD standards and best practices on public governance, to support efficient and effective service delivery as a means to pursue sustainable prosperity for all. In so doing, this chapter offers ways to close gaps where these exist and move practices in the MENA region closer to OECD standards and best practices.
Public integrity refers to “the consistent alignment of, and adherence to, shared ethical values, principles and norms for upholding and prioritising the public interest over private interests in the public sector” (OECD, 2020[5]). In this sense, public integrity is a cornerstone of good governance as it helps to ensure that decision-making, including to design and deliver public services, serves citizens’ needs and expectations rather than benefits the self-interest of specific groups, notably those in power. Commitment to and the implementation of public integrity principles and practices also safeguard the public interest, leading to more productive economies, more efficient public sectors, and more inclusive societies (OECD, 2020[5]). The OECD Recommendation on Public Integrity (2017[6]) presents the building blocks to developing and implementing a coherent and comprehensive integrity strategy, as detailed in Box 4.1.
The OECD Recommendation on Public Integrity shifts the focus from ad hoc integrity policies to a comprehensive, risk-based approach with an emphasis on cultivating a culture of integrity across the whole of society. It is built on three pillars:
1. Having a comprehensive and coherent system in place. This is key to reduce opportunities for corrupt behaviour where the top management is committed to develop the necessary legal and institutional frameworks and displays high standards of personal propriety, and where public institutions coordinate well with each other to strengthen the effectiveness of the public integrity system. Such a system includes a strategic approach to public integrity that is evidence-based and aimed at mitigating public integrity risks, as well as rules and public sector values that are effectively communicated in public sector organisations and externally to the private sector, civil society and individuals.
2. A culture intolerant to corruption. Developing a culture where corruption is socially unacceptable from a whole-of-society perspective, where businesses, individuals and non-governmental actors uphold public integrity. In the public sector, developing a culture of integrity and preventing misbehaviour is not only a matter of setting comprehensive integrity standards. It also requires helping public officials understand, adopt and implement integrity and merit values and standards in the workplace and in recruitment processes, and nurturing an open organisational culture where public officials feel free and safe to discuss ethical dilemmas, potential conflict-of-interest situations, and other integrity concerns. To build a culture intolerant to corruption, countries must foster the skills and knowledge related to integrity, and then use these acquired skills and knowledge to develop an organisational culture that is rooted in integrity. First, building knowledge and skills on integrity and anti-corruption is an essential element of a strategic approach for public integrity. Well-designed guidance and training equip public officials with the knowledge and skills needed to manage integrity issues appropriately. However, to be effective, three aspects are essential when designing and implementing integrity training: the timing and frequency of the training, the target audience, and the content and delivery methods. Second, an open organisational culture can only be achieved by ensuring that senior public officials are committed to public integrity and responsive to providing timely advice on relevant integrity issues, and that employees are comfortable raising ethical concerns. This is complemented by having formal reporting mechanisms that encourage and protect reporting of public integrity violations and misconduct, notably through whistleblowing practices.
3. Making people accountable for their actions. Integrity systems must be underpinned by sound accountability and transparency mechanisms, including effective integrity risk management and control systems, enforcement mechanisms to detect, investigate and sanction violations, and meaningful participation from stakeholders in the development, implementation and oversight of public policies.
Fighting corruption in the public sector has been a primary issue in the MENA region. Government attitudes have shifted over the years, from acknowledging the existence of corruption practices to recognising that such practices hinder development, distort markets, and undermine legitimacy and credibility.
Their accession to international binding agreements such as the United Nations Convention against Corruption (UNCAC), ratified between 2004 and 2009 by 20 of 22 countries and territories in the MENA region, and the subsequent Arab Convention Against Corruption (ACAC), set the first milestone for a wave of reforms in the region.
The development and implementation of national anti-corruption strategies in several countries and territories, such as in Egypt, Morocco, Jordan, Kuwait, Mauritania, the West Bank and Gaza Strip, Qatar and Tunisia, also marked a significant acceleration in efforts to promote whole-of government approaches to foster integrity and reduce corruption in the public sector. For instance, the Palestinian Authority’s “National Cross-Sector Strategy for Integrity and Anti-corruption” provides a framework and roadmap structured around four main pillars, differentiating between prevention measures, social participation, law enforcement, and international cooperation (OECD, 2024[9]; ESCWA, 2024[10]).
Governments are increasingly developing institutional and legal frameworks in line with international standards, as well as tools and practices to improve public sector integrity and support the implementation of their whole-of-government strategies – when they exist – in line with the pillars defined in the OECD Recommendation on Public Integrity (OECD, 2017[6]; ESCWA, 2024[10]). These initiatives are presented in the following sections.
Strengthening institutional and legal frameworks could help develop coherent and comprehensive public integrity systems
First, governments in the region have adopted a series of measures aimed at upgrading their public integrity institutional and legislative frameworks (OECD, 2017[11]).
Several governments, including Kuwait, Lebanon, Morocco, the Palestinian Authority and Qatar, established national anti-corruption agencies in the last decade to prevent, detect and investigate cases of corruption in the public and private sectors and to transmit them to the competent authorities. In most countries and territories, these agencies oversee the implementation of national anti-corruption strategies (OECD, 2024[9]; ESCWA, 2024[10]);. Other institutional reforms include the creation of ombudsman offices in some countries, such as Egypt, Jordan, Lebanon and Morocco, to investigate individual citizens’ complaints of mismanagement, especially by public organisations (OECD, 2017[11]). In Jordan notably, the functions and capacity of the national Ombudsman have been strengthened by merging the office with the Anti-Corruption Commission (Kingdom of Jordan, n.d.[12]). The implementation of whole-of-government strategies is accompanied, in some countries and territories, by the development of institutional capacities to oversee, coordinate and monitor the implementation of the strategies, such as in the Palestinian Authority (OECD, 2024[9]).
In addition to institutional settings, MENA governments are also increasingly including new standards in civil and criminal law as well as organisational policies to guide behaviour in the public sector. This can be done through the development of codes of conduct or codes of ethics (Bacio Terracino, 2019[13]). Codes set the standards of conduct that are expected from public officials, but also inform citizens on what to expect of public officials in conduct and attitude, and create a benchmark to assess officials’ behaviours. Among other things, codes of conduct and ethics for the civil service address persistent challenges to public integrity, including conflict of interest, employment restrictions, gifts and the “Wasta” phenomenon, a practice that encompasses forms of favouritism, cronyism, nepotism and patronage.
The Palestinian Authority introduced a Code of Conduct and Ethics for the civil service in 2012, which has paved the way for equivalent initiatives in the region (OECD, 2016[14]) including Egypt (OECD, n.d.[15]) and Tunisia (République Tunisienne, 2014[16]). Other countries, such as Morocco, are currently developing a code of ethics (OECD, 2023[17]).
Ensuring stakeholder engagement through awareness-raising and capacity-building is key to developing a whole-of-society culture of public integrity
Promoting a whole-of-society approach to public integrity, encompassing the public sector but also the private sector, civil society and individuals, is essential as these actors interact with public officials and play a critical role in setting the public agenda and influencing public decisions. They therefore have a shared responsibility with the public sector to promote public integrity (OECD, 2020[5]).
This notably requires that all relevant actors have the necessary capacities and knowledge to engage, co-ordinate and co-operate in the implementation of public integrity standards across the public sector and society more broadly (OECD, 2017[6]).
Some MENA governments are already engaging relevant stakeholders in the development, regular update and implementation of their public integrity systems. In Egypt and the Palestinian Authority (see Box 4.2), the codes of conduct and ethics were developed through consultation processes involving other stakeholders, also helping build a common understanding of expected standards and values (OECD, 2016[14]; OECD, n.d.[18]). In Morocco, four organisations (the General Confederation of Moroccan Enterprises, Transparency Maroc, the Moroccan Network for the Defence of Public Goods and the Global Organisation of Parliamentarians Against Corruption) were involved in the preparation of the national anti-corruption strategy. The latter two organisations are also represented on the central body overseeing the strategy (OECD, 2023[17]). MENA governments could further systematise and institutionalise the participation of civil society organisations (CSOs) and other relevant stakeholders in the development of public integrity systems. Box 4.3 provides examples of how Costa Rica and Mexico engaged stakeholders in the development of their national public integrity strategies, practices that could be replicated for other public integrity mechanisms and tools.
With a view to building more performant institutions and promoting a culture of integrity in the public sector, the Palestinian Authority commissioned the National Committee of the Code of Conduct (NCCC) to draft a code of conduct for Palestinian public officials.
In line with its Action Plan, in 2011 the NCCC drafted the Consultation Plan for the Code of Conduct. In the proposed plan, the objectives of the consultation were to:
Receive feedback and comments from stakeholders.
Create a positive and constructive attitude towards the code.
Involve the largest possible number of stakeholders and the entire public administration and political level.
The General Personnel Council led the consultation process and, on 11 January 2012, an open Information Day was held with the purpose to bring key stakeholders together and inform them about the planned consultation process on the draft code. During the event, the consultation plan was presented and the draft code introduced. Representatives from ministries, other public agencies, civil society organisations and the academia committed their participation and provided their input.
According to the Action Plan of the NCCC, five initial workshops were scheduled in January-February 2012. Each aimed to involve a different group of stakeholders to initiate a cascade process of consultation inside each group. This was then followed by independent meetings and workshops organised directly by such groups, which collected comments and reverted back to the NCCC. It was the first comprehensive and well-structured consultation process in the Palestinian Authority that met internationally recognised good practices.
The consultations achieved high and diverse representation of government agencies, civil society organisations, university students, union and syndicate representatives, academics and experts. The events attracted a great deal of interest, in particular because they afforded a not so usual opportunity to be involved in such a process. Participants received the draft code well in advance, which allowed them to prepare and engage in genuine participation. This prompted a wealth of substantial feedback. The consultations were documented and institutionalised with members of the NCCC.
Eventually, the text of the Code of Conduct and Ethics of Public Service Code was finalised and the Council of Ministers adopted the document in 2012.
Source: (OECD, 2016[14]).
Costa Rica’s National Integrity and Corruption Prevention Strategy (Estrategia Nacional de Integridad y Prevención de la Corrupción, ENIPC) was launched in August 2021. Between October 2019 and December 2020, the Attorney for Public Ethics (Procuraduria de la Ética Pública, PEP) and Costa Rica Íntegra (the national chapter of Transparency International) jointly led the development of the ENIPC through a participative process involving civil society, academia and the private sector. The ENIPC was prepared through a co-creation process in a working group made up of 17 public, private, academic and civil society organisations. Amongst others, the working group steered a public consultation process, in which 350 responses were received from citizens, and which was complemented with focus groups of selected specialists by sectors (business, academia, civil society and government). Stakeholders of the ENIPC consider the working group as an achievement in itself, as it de facto constitutes an inter-institutional co-ordination and monitoring mechanism, with a diversity of actors and responsibilities that previously never met in such a co-ordinated and constructive way.
In Mexico, the National Anticorruption Policy (Política Nacional Anticorrupción) was developed through a participative process and discussion involving civil society, academia, business chambers, public institutions and experts from all over the country.
First, a Consultative Council (Consejo Consultivo de la Política Nacional Anticorrupción) was established by the National Anti-Corruption System (Sistema Nacional Anticorrupción, SNA)’s Citizen Committee and Executive Secretariat to collect inputs from and promote dialogue with experts from civil society organisations, academia, the business sector, public institutions (including at the sub-national level) and international organisations.
Second, a parallel public consultation process collected citizens’ opinions and perceptions related to the causes and effects of and possible solutions to the problem of corruption in Mexico (Consulta Ciudadana).
Third, the consultation process involved the sub-national level, with eight regional forums organised throughout the country to include local needs and challenges in the development of national policy.
Source: (OECD, 2020[5]).
Governments also implement initiatives, often in co-operation with other actors, to raise awareness and introduce more public and private players to public integrity practices and corruption risks, using a diversity of formats and channels. In Egypt, the National Institute for Governance and Sustainable Development (NIGSD)2 developed a training curriculum on anti-corruption aimed at diverse stakeholders (OECD, n.d.[15]). The Jordanian government organised different awareness-raising campaigns targeting citizens. For instance, during 2021 and 2022, over 2 million SMS messages about the danger of nepotism and its negative impact to society were sent to different segments of the population via a partnership with the private sector and CSOs (OECD, n.d.[19]). Specific efforts to support the implementation of the National Integrity and Anti-Corruption Strategy targeted young people, including the campaign “I am against Bribery” (Box 4.4) and the organisation of awareness-raising workshops and lectures within selected youth centres (OECD, n.d.[20]). In Morocco, the General Confederation of Moroccan Enterprises (CGEM) also organises awareness-raising workshops and exchanges of best practice between companies (OECD, 2023[17]). In Tunisia, the National Anti-Corruption Commission had set up a web radio station, Radio Nazaha, to raise awareness and promote citizen participation in the fight against corruption (OECD, 2023[21]). The organisation iWatch has also been particularly instrumental in promoting public integrity across the country (Box 4.5).
The campaign "I am Against Bribery" was organised by the Jordanian Integrity and Anti-Corruption Commission (JIACC) in collaboration with the civil society organisation Palladium and various universities in Jordan. For a month, the campaign promoted integrity standards and raised awareness about the dangers of nepotism and bribery. Slogans were designed to target young people specifically via JIACC’s website and social media platforms, accompanied by outreach efforts via government websites. Slogans, posters and other communication material to support the campaign were developed together with 15 students from 12 government and private universities. Examples of the slogans included:
"Wasta is an assault on the rights of others, so let's work together to combat this scourge."
"Nepotism and Wasta are two sides of the same crime, so let's work together to fight this disease."
"Defend the future of your children and say no to nepotism and Wasta."
"Nepotism and Wasta violate the values of justice, equality, and equal opportunities, so don't be a part of it."
Source: (OECD, n.d.[20]).
iWatch is a Tunisian non-profit, independent watchdog organisation that aims to combat financial and administrative corruption and enhance transparency. iWatch became the official contact point for Transparency International in Tunisia in November 2013, and has been its official branch since 2017.
The organisation was established by a group of young men and women from different regions of the country with the aim of preserving the gains of the Revolution.
iWatch works mainly on transparency and corruption. In the first area, it works to ensure that all political events are transparent including pre- and postelection monitoring. It also seeks to facilitate access to information. In the second area, believing that corruption is one of the reasons behind the Revolution, the organisation fights corruption all over the country.
To promote citizen engagement in combatting corruption, iWatch established the “Whistleblower of the Year” award. Together with other equivalent initiatives organised over the past years, it has thought to honour the men and women who have denounced cases of corruption. They report instances of injustice or illegality, often related to corruption, in ministries, private enterprises, and even civil society organisations.
Source: (OECD, 2016[22]; IWatch, n.d.[23]).
Finally, some governments also engage with the private sector and civil society to support mainstreaming integrity in business and in non-profit activities. The NIGSD in Egypt is currently drafting a code of ethics for non-governmental organisations (NGOs) (OECD, n.d.[15]). In Morocco, the National Authority for Probity, Prevention and the Fight against Corruption is helping to establish a culture of risk management by encouraging public and private authorities, through various partnerships, to adopt internal control mechanisms (OECD, 2023[17]).
To pursue efforts undertaken, MENA governments could further develop awareness-raising and capacity-building campaigns and programmes for different stakeholders (private sector, CSOs, citizens with a specific focus on young people and kids, etc.) to foster a whole-of-society culture of public integrity. Regarding awareness campaigns, governments could diversify the formats and channels from traditional media (radio, television, print) to new forms of social media (YouTube, Twitter, Facebook, etc.) in order to increase their reach and impact on all segments of society. Ecuador and Peru have for instance implemented large-scale awareness campaigns to inspire cultural change and help prevent acts of corruption, as highlighted in Box 4.6.
“Creole Honesty” (Honestidad Criolla) campaign in Ecuador
On 9 December 2019, the International Chamber of Commerce, through its Integrity and Anti-Corruption Commission, launched the “Honestidad Criolla” campaign with the aim of promoting a cultural change in Ecuadorian society and preventing acts of corruption. The campaign, which includes a YouTube video, seeks to reach Ecuadorians with a positive message to promote a change in citizens’ behaviour and to stop normalising acts that are wrong, such as petty corruption and bad actions. The video presents citizens who, given the choice to act contrary to integrity – for example, by buying pirated films, plagiarising publications or accepting bribes –, decide to act honestly and contribute to change.
The High-Level Commission Against Corruption #Peruanosdeverdad Campaign in Peru
The High-Level Commission against Corruption (CAN) in Peru launched the campaign #PeruviansForReal (#Peruanosdeverdad) in 2016 as part of its integrity strategy. The campaign, which includes a YouTube video, aims to counteract the norms that undermine the integrity of Peruvian society by providing new, positive norms to promote change. The video begins with a series of integrity breaches, ranging from paying bribes to breaking traffic rules, to other forms of civil disruption such as assault and petty theft. The statement, “The change that Peru needs begins with oneself”, follows the images. Citizens are then seen with messages for integrity, including #PeruviansForReal: comply with the law, and #PeruviansForReal: we don’t pay bribes. Citizens of all ages are included in the video, and a Peruvian footballer delivers the final message: “How can we expect the authorities to act with integrity and make the country better when we do not do those things ourselves?”
Source: (OECD, n.d.[19]).
Governments in the MENA region could further reinforce internal and external accountability mechanisms
Another pillar for developing a comprehensive approach to public integrity places emphasis on effective accountability. Managing, monitoring and scrutinising the development, implementation and review of commitments made by the public sector contributes to ensure the effective and efficient delivery of public services, as well as the regularity of public spending. This includes risk management, internal controls, and internal and external oversight, as well as participation by external stakeholders (OECD, 2020[5]).
As highlighted in Chapter 3, a first area of efforts for several governments in the MENA region concerns the development of internal control, audit and risk management mechanisms to align with international standards (OECD, 2017[11]).
Several countries and territories developed strong internal institutional settings for audit functions. For instance, in Morocco, control activities are entrusted to the Inspection Générale des Finances, a centralised financial inspection function with a governmental mandate to monitor and control expenditure and the proper use of public funds, together with the General Treasury of the Kingdom (OECD, 2023[17]). The Tunisian internal institutional framework features the Controller-General for Finance (under the Ministry of Finances), the Controller-General for Public Departments (under the Presidency of Government) and the Controller-General for State Property and Land Affairs (under the Ministry of State Domains and Land Affairs). Each of these has an important anti-corruption role, as they exert ex-post control on the institutions and agencies under the tutelage of these ministries (OECD, 2017[11]). Jordan is also strengthening its audit framework, especially independent oversight functions, through the introduction of an internal audit function and the continued strengthening of the Audit Bureau (OECD, n.d.[19]). In 2018, Egypt established the internal audit function in all public bodies through the Decree of the Prime Minister 1146/2018, and since then the authorities have availed of donor support to enhance institutional capacities in internal audit.
In some countries and territories, the establishment of an institutional framework to ensure the audit and control functions of the government is complemented by initiatives to enhance accountability across the government and administration. In Morocco, the Inspection Générale des Finances is developing follow-up matrices for its recommendations and is actively designing a new internal audit and control manual for wider use among government ministries and agencies (OECD, 2023[17]). In Tunisia, the High Committee for Administrative and Financial Control ensures that the audit recommendations are implemented. Building on existing efforts, governments could further promote harmonised and unified approaches to internal control and internal audit across government to enable a coherent response to integrity risks. This could be done for instance by setting clear responsibilities for audit institutions and a reference framework, procedures and tools as well as capacity-building activities for implementing internal control in the ministerial departments (OECD, 2023[17]; OECD, 2017[11]).
Similarly, governments could develop more systematic approaches to managing and assessing risks, including integrity risks in the public sector. A number of governments started implementing initiatives and mechanisms to evaluate corruption. In Morocco, the Inspection Générale des Finances has previously led an initiative to harmonise the methodological framework for risk assessment in select ministries (OECD, 2023[17]). Jordan is in the early stages of implementing integrity risk management. All ministries and departments are required to have a Quality and Risk management unit, and the Jordanian Integrity and Anti-Corruption Commission (JIACC) has undertaken since 2020 to conduct risk assessments relating to corruption in the public sector (OECD, n.d.[19]).
However, MENA governments have overall not yet implemented integrated approaches to risk management at the government level, which is essential for risk management to be effective (OECD, n.d.[19]; OECD, 2023[17]). Effectively implementing internal control and audit requires a clear allocation of responsibilities, as well as capacity-building across government institutions. It could also entail codifying risk management practices into management processes but also policies and tools such as an integrated risk management policy, a framework outlining key principles of risk management and accompanying guidance providing practical advice on operationalising the principles of the framework.
In addition to the gradual development of internal audit, control and risk management mechanisms, MENA governments have been increasingly recognising and reinforcing the role of citizens and civil society in maintaining external accountability pressure on their government to promote public integrity and reduce corruption.
This key role is increasingly highlighted in national anti-corruption strategies, that also emphasise in some cases the need to strengthen the oversight function of the media and to establish independent, external and effective oversight mechanisms for all public institutions (OECD, 2024[9]).
As a result, MENA governments have developed diverse tools and mechanisms for citizens and other actors to report acts of corruption. For instance, in Morocco, as part of the implementation of the National Anti-Corruption Strategy, the Presidency of the Public Prosecutor’s Office set up a hotline for reporting acts of corruption in May 2018. Calls are handled by a special centre staffed by two Ministry officials who are in contact with judges. The hotline has recorded over 60 000 calls in the first three years of operation. However, it is to note that only 20% of calls received are related to acts of fraud or corruption, the large majority concerning general complaints from citizens regarding public services. Nevertheless, the hotline has led to over 200 arrests related to corruption, in co-ordination with the competent public prosecutors’ offices. To promote the use of the hotline and other tools developed to fight corruption, the Moroccan government launched an awareness campaign, encouraging citizens to denounce instances of corruption, through radio and television commercials (OECD, 2023[17]).
As part of efforts to improve government transparency and public service performance, some MENA governments have developed online portals allowing citizens to submit suggestions and complaints about public services and the general administration, including acts of corruption and other breaches to public integrity.
The essential role of whistleblowers in ensuring the integrity of public administrations is also increasingly recognised in law by MENA governments. In Morocco, article 42 of the Code of Criminal Procedure mandates civil servants to report acts of corruption (OECD, 2023[17]). In doing so, they are protected by laws on the protection of whistleblowers and their anonymity.
However, in many countries and territories, when they exist, reporting mechanisms are often limited to mail, emails and telephone, which do not guarantee basic requirements such as confidentialitý and the possibilitý to report safely. MENA governments could develop online platforms enabling citizens and other stakeholders to report corruption acts safely, as it is the case in Austria (Box 4.7). Governments should further enhance communication efforts on the various means available to citizens and other stakeholders to report incidents to the competent authorities.
In 2013, the Austrian Federal Ministry of Justice launched a portal to enable individuals to report wrongdoing. The portal can also be accessed via a link on the homepage of the Federal Ministry of Justice, where individuals can find and download additional information about the portal. The portal is managed by the Central Office of the Public Prosecutor for Combating Economic Crime and Corruption (COPPCECC).
To guarantee anonymity, when creating a secure mailbox, the whistleblower is required to choose a pseudonym/username and password. The anonymity of the information disclosed is preserved through encryption and other security procedures. After submission, the COPPCECC provides the whistleblower with feedback and the status of the disclosure via a secure mailbox. If questions need to be clarified about the case, they are addressed to the whistleblower via an anonymous dialogue. These verified reports may lead to the opening of investigations or raise concrete suspicions requiring the opening of preliminary investigations.
Source: (OECD, 2023[17]).
Moreover, despite progress made and the existence of many initiatives led by CSOs to keep governments accountable, CSOs still suffer from limited space to promote public integrity and address issues of corruption in the majority of MENA countries and territories, as also highlighted in Chapter 1 (Transparency International, 2024[24]). Governments could therefore further encourage the development of an enabling environment for the civil society, media but also citizens to operate as “watchdogs” and keep governments accountable (OECD, 2020[5]).
Public procurement is critical to the delivery of public services (health, education, or infrastructure among others) and ensure the proper functioning of the public sector. The COVID-19 pandemic showed the importance of public procurement, especially in the MENA region where governments had to make considerable investments in the health care sector (OECD, 2020[25]). The COVID-19 crisis management also highlighted existing challenges in the way governments plan and conduct procurement at different levels, as well as manage their ongoing contracts, not only for health products and services, but also for the goods, services and infrastructure needed to provide essential public services (OECD, 2016[26]).
The OECD Recommendation on Public Procurement (2015[27]) stresses the importance of developing and ensuring the implementation of procurement systems that are honest, transparent, sustainable, efficient, accountable, offer an equitable access to public procurement opportunities and fair treatment for potential suppliers of all sizes and trusted by investors, citizens and other stakeholders. Value for money remains a fundamental principle of public procurement, as also highlighted in the Recommendation on the Governance of Infrastructure (OECD, 2020[28]). Public procurement has moreover evolved to encompass a wider range of considerations such as environmental, economic and social aspects, in line with the growing importance given to growing sustainably.
The weight of public procurement is comparatively large in MENA economies: it amounts to about 18% of GDP on average, as opposed to an average of 12.9% across the OECD area (OECD, 2023[29]; Giada Modaffari, 2023[30]). This can have an impact on the vulnerability of procurement cycles of MENA governments to public integrity violations, due to the complexity, volume and speed of transactions between sectors. Beyond risks related to fraud, corruption or misuse of public funds, there are other risks to the efficiency and the effectiveness of public procurement, such as the risk of waste or inefficiency across the procurement cycle, due to a lack of awareness or low technical capacity related to complex projects. Financial risk, particularly during times of fiscal constraint and austerity, is another significant risk category.
In response to these identified challenges, MENA governments have modernised their public procurements frameworks in recent years. Efforts focused notably on upgrading institutional, legal and policy frameworks as well as enhancing the transparency, accessibility and sustainability of procurement processes and decisions.
Further strengthening governance frameworks for public procurement would improve its effectiveness and transparency
Throughout the past decade, MENA governments have been actively reviewing and upgrading the legal, institutional and policy frameworks governing national public procurement policies towards more transparency, efficiency and participation (Giada Modaffari, 2023[30]). Table 4.1 provides an overview of legal and regulatory measures introduced by select MENA governments to strengthen their public procurement frameworks (OECD, 2016[26]).
Legal framework and applicable public procurement laws in select MENA countries
The legal review and consolidation was complemented by the establishment of institutional arrangements to oversee public procurement in some countries, such as Egypt, Morocco, Oman and Tunisia (Giada Modaffari, 2023[30]). In the latter case, the National Observatory of Public Procurement was created to evaluate the national public procurement system, as presented in Box 4.8.
The National Observatory of Public Procurement (NOPP - Observatoire National des Marchés Publics in French) in Tunisia is responsible for many evaluation tasks, including:
Maintaining a register of information on the suppliers of public contracts based on the follow-up sheets established by the public buyer after the execution of each public contract.
Establishing an information system to collect, process and analyse data relating to public contracts and public procurement in general, and allowing the establishment of statistics on the number of contracts awarded according to subject matter, geographical distribution, contracting authority, method of award and any other criteria, including contracts awarded to small businesses.
Establishing an annual general census of public procurement and partial censuses concerning a group of public entities or a particular category of procurement.
Developing summary files for each supplier based on updated and accurate data integrated in the information register.
Within the framework of this mandate, all public purchasers are required to periodically transmit to the NOPP the data necessary for the statistics and the information system, in accordance with the models and procedures established by the government.
Source: (OECD, 2019[32]).
Although procurement systems are improving in most MENA countries and territories, challenges remain in the implementation of fully operational public procurement frameworks. In many MENA countries and territories, the regulatory framework governing public procurement remains complex and opaque because of the insufficient level of legislative simplification and codification so far. Moreover, a number of them do not have a public procurement authority or body to oversee public procurement, and co-ordination mechanisms remain limited when they exist (Giada Modaffari, 2023[30]).
In line with efforts undertaken by some of them, governments could pursue the development of legal and institutional frameworks for public procurement. This also implies reinforcing horizontal and vertical co-ordination across sectors and levels of government (OECD, 2024[33]).
MENA governments could also envisage developing integrated strategic visions for public investment, particularly in infrastructure. Most major investments around the world involve private sector participation at many stages of the investment lifecycle. Through this strategic vision, the private sector can rely on a steady, predictable and reliable pipeline of projects to invest in the necessary personnel with high-quality skills and capabilities, facilities and equipment. This vision can be translated into an investment plan or other politically-approved document that requires concrete action in terms of infrastructure provision over the long-term (e.g. more than five years). Box 4.9 provides examples of strategic visions for public investment in Bulgaria, Ireland and the United Kingdom.
Bulgaria: 2022-2024 Action Plan for the Bulgaria 2030 Programme
The Bulgaria 2030 programme is based on three-year action plans, with the current plan covering the period 2022-2024. These plans list the programmes and projects that will deliver the 2030 objectives and priorities. To ensure the alignment of Bulgaria 2030 and the action plans, as well as co-ordination between sectors, the action plans are approved by the Development Council of the Council of Ministers, which is made up of all the ministers concerned. Each ministry is required to demonstrate that their investments are in line with the Bulgaria 2030 Programme.
Ireland: The National Development Plan (NDP) for 2021-2030
The revised NDP sets out the ten-year investment ceilings to 2030 that will support economic, social, environmental and cultural growth across the country as part of the Ireland 2040 project, alongside the National Planning Framework (NPF) which sets out the overall spatial strategy for the country.
The alignment of the NDP and the NPF under the Ireland 2040 project creates a unified and coherent plan for the country by ensuring that the national investment strategy supports spatial planning based on a common set of strategic objectives for rural, regional and urban development.
United Kingdom: National Infrastructure Assessment
Every five years, the National Infrastructure Commission publishes a National Infrastructure Assessment. Each assessment analyses the UK's long-term economic infrastructure needs, setting out a strategic vision for the next thirty years and making recommendations on how to meet the needs identified.
Source: (OECD, 2024[33]).
MENA governments are increasingly reinforcing tools and practices to enhance the transparency, accessibility and sustainability of procurement processes and decisions
Reforms in the MENA region focus in particular on improving the transparency, accessibility and inclusiveness of public procurement systems to support their efficiency and sustainability.
Although direct award and limited procedures can be used in specific cases, open procurement procedures are now the general rule in MENA countries and territories. As of 2023, most of them (including Algeria, Egypt, Jordan, Kuwait, Lebanon, Morocco, Oman and Tunisia) had a regulatory framework requiring public tenders information to be public and advertised in a national gazette or a widely circulated newspaper, as well as on central web portals with varying degrees of accessibility to relevant information (Giada Modaffari, 2023[30]). Other initiatives to improve the efficiency and inclusiveness of procurement processes include broadening the basis of eligible tenderers and pursuing multiple objectives. Governments are increasingly considering the “balancing principle” encouraging the inclusion of complementary policy objectives such as small and medium-sized entreprise (SME) development in public procurement processes. For example, Morocco and Tunisia set aside 20% of the annual estimated value of public procurement to SMEs in order to encourage their participation in procurement processes, while in Egypt the government allows direct agreements with SMEs, as an exception to competitive tendering (OECD, 2016[26]).
An important area of progress in the last years in the region has been the increasing introduction of digital tools and processes for public procurement at national and local levels. If, in some countries and territories, the websites only provide information on government tenders and their awards, in others, they are comprehensive e-procurement platforms allowing bidders to apply directly to tenders, such as in Morocco. In Tunisia, for example, the platform TUNEPS was introduced in 2013 and allows certain automated procedures, thereby reducing the risk of corruption stemming from direct contact between public officials and contractors. It also provides a list of entreprises approved to provide services and goods for the public sector. TUNEPS has evolved at a rapid pace since the project launched in 2011. After a few years of pilots and progressive use, the Tunisian law made e-procurement mandatory for all entities in 2019, including municipalities. This provision is unique in the region with respect to e-procurement (OECD, 2020[34]).
At the local level, the Greater Amman Municipality in Jordan launched an updated e-tenders platform in 2019 (Greater Amman Municipality, n.d.[35]). The platform lists all local and international procurement opportunities and bid applications for municipal projects and contracts. It aims to manage and control the procedures governing tenders with full transparency, and to provide bidders with fair and equal opportunities. All municipal tenders are now submitted electronically. All information regarding the tenders is published on the website, including announcements and annexes, results of open tenders and prior tenders, technical qualifications of bidders, and appointment decisions. Bidders or their representatives are allowed to attend the public bid opening sessions held by the directorate.
Finally, MENA governments have invested in developing guidelines and building professional procurement capacities across public administration to ensure high standards of effectiveness and integrity (Giada Modaffari, 2023[30]). Most MENA governments offer procurement trainings to civil servants. They developed guidelines and codes of conduct for procurement officials, such as in Egypt, Morocco and Yemen (OECD, 2016[26]). The OECD also contributed to such capacity-building initiatives in a number of MENA countries and territories in recent years, as highlighted in Box 4.10.
The OECD assisted MENA governments in issuing dedicated guides and manuals on concepts, tools and good practices for the public procurement cycle. Among these tools can be mentioned:
Guide des marchés publics – République algérienne démocratique et populaire (2021)
Guide de management des risques dans les marchés publics en Tunisie (2020)
Guide sur l’intégrité dans les marchés publics au Maroc (2019)
Source: (OECD, n.d.[36]).
Efforts to further strengthen the transparency, accessibility and inclusiveness of public procurement systems could be pursued. One area of opportunity for such reforms concerns the participation of State-Owned Entreprises (SOEs) in the dedicated processes. In most MENA countries and territories, public procurement processes favour the participation of national companies in public tenders, limiting the ability for the private sector to benefit from public procurement opportunities and making governments vulnerable to instances of fraud and corruption (Ali, Jabbourt and and Sahaydachny, n.d.[37]; Giada Modaffari, 2023[30]).
Moreover, in some countries and territories, the regulatory framework for the implementation of e-procurement systems remains incomplete (OECD, 2019[38]). As a result, economic operators often still need to go through expert intermediaries, which may constitute a disproportionate burden for many businesses, especially SMEs. In addition, such platforms and databases, when they exist, are not always freely accessible, updated in a timely way, or user-friendly, preventing full and transparent access to procurement opportunities (OECD, 2020[34]).
Governments in the region could also further strengthen their accountability and control mechanisms to timely and decisively prevent and detect irregularities, mismanagement and unethical practices. Multi-stakeholder oversight initiatives and institutions could also be further promoted. Systems of transparent, effective, and enforceable sanctions for government and private sector procurement participants could be strengthened. Finally, additional efforts could be made to improve the professionalisation of relevant civil servants across the entire procurement cycle.
Public procurement as a tool to promote sustainable prosperity
By providing governments with opportunities to give preference to specific goods, works and services, public procurement has the potential to be a strategic lever to pursue policy objectives and long-term development goals (OECD, 2015[27]). The introduction of green public procurement (GPP) can help governments prioritise less environmentally damaging products, works and services, especially infrastructure, contribute to foster green growth, and deliver for climate and environment-related objectives. It further contributes to spur innovation and promote more resilient economies and societies against climate and environmental challenges (OECD, 2015[39]). In line with their efforts to improve their public procurement systems and to integrate long-term development objectives in all areas of society and economy, a number of MENA countries and territories, such as Egypt, Jordan, Morocco, Tunisia, the UAE and Yemen, have started to use GPP across all levels of governments. Morocco and Tunisia encourage green procurement through decrees on public procurement. In Tunisia more specifically, tender specification takes into account not only environmental considerations, but also more broadly social aspects in line with long-term development objectives (OECD, 2016[26]).
Some governments have also developed procedural guidelines to promote sustainable procurement practices. This is the case in the UAE, where the Emirate of Ras Al Khaimah launched in 2020 a Green Public Procurement programme. In this framework, guidelines were developed and established criteria for procurement of frequently purchased product categories, such as paper, furniture, light vehicles, air conditioning, household appliances, carpets, IT equipment and others (Government of Ras Al Khaimah, 2022[40]). Government entities were invited to follow these guidelines on a voluntary basis. In 2022, the initiative expanded and now includes items with high environmental impact such as buildings.
Nevertheless, it is important to note that, in most MENA countries and territories, the application of GPP provisions and practices is still being structured. Governments could further better embed rules and standards in tender processes to help promote innovation and sustainability in public procurement. Governments could also create incentives for achieving net zero digital emissions, for example by selecting and endorsing environmentally responsible suppliers and by promoting public-private collaboration to identify and endorse environment-friendly digital technologies that help achieve the green transition.
More largely, MENA governments could envisage the development of GPP strategies and frameworks. Results from the OECD 2022 survey on GPP, carried out in 38 countries, show that countries increasingly recognise GPP as a major driver for innovation. As of 2022, 92% of the surveyed countries (35 out of 38) had adopted a national GPP or policy framework, and 29 of them referred to GPP, or at least to public procurement, in their national environmental commitments as a tool for pursuing sustainability goals (OECD, 2024[41]). Monitoring the implementation of GPP against national targets is key to ensure public procurement contributes to the country’s sustainability goals and climate commitments. It can also help identifying barriers and bottlenecks that hinder GPP potentials and limit its uptake by contracting authorities. In 2022, around 76% of the countries participating in the survey had put in place monitoring systems to keep track of the use of GPP in public tenders. However, not all of them make it mandatory for contracting authorities to report on the use of GPP in procurement procedures (OECD, 2024[41]).
It is also important to note that public procurement can be used as a lever to promote gender equality and encourage suppliers to improve their performance on gender equality and women’s empowerment. While a number of governments have policies and regulations to stimulate gender-sensitive public procurement, the implementation of these practices remains limited, mainly due to a lack of knowledge, data and institutionalised mechanisms (OECD, 2021[42]). This could represent an area of opportunity for MENA governments.
Digital government can serve as a powerful driver towards improving service design and delivery. As highlighted in the OECD Recommendation on Digital Government Strategies (2014[43]), it contributes to achieving greater transparency and accessibility, but could also enhance stakeholder engagement in designing and delivering more responsive and inclusive services. In turn, it also helps enhancing sound government spending and ultimately improving trust in government (OECD, 2020[44]). The COVID-19 crisis further underscored the important role of digital government in responding swiftly to rapidly evolving crises and environment, ensuring continuity of services and accurate information-sharing and data with the public. It also highlighted the role of digital government in supporting rebuilding more resilient societies and economies, which is essential to foster sustainable growth (OECD, 2020[45]).
Building the capacity and capability to design and deliver public services effectively in the digital age, while integrating emerging and evolving technologies such as artificial intelligence, calls for the development of more agile delivery approaches within the public sector to make it adaptable to rapidly evolving contexts (OECD, 2024[46]). As a result, it requires flexible design, decision-making and delivery techniques, not only into taking account technological considerations, but also human needs and experiences (OECD, 2019[47]). One key objective in developing a digital government is to renew the interactions and relationships that the public sector has with citizens, the civil society and the private sector, from being one-directional and transactional to being collaborative and consensus-building (OECD, 2020[44]; OECD, 2019[48]; OECD, 2020[49]).
Legal, policy, institutional, technical and cultural changes within the public sector are needed to manage the use of digital technologies and data inclusively, equitably, sustainably and in a trustworthy manner (OECD, 2021[50]).
The OECD Digital Government Policy Framework (2020[44]) sets a new way of thinking, approaching, engineering, and transforming the design and delivery of public services. It aims to help governments identify key determinants for the transition towards digital maturity. The framework advises governments to reconsider digital technologies as transformative elements to be embedded throughout policy processes rather than just technical tools. This move to a digital government also involves creating frameworks and mechanisms to ensure that the government is 1) digital by design, 2) data-driven and 3) yet also operating as a platform, 4) open by default, 5) user-driven and 6) proactive (2020[44]).
Evolution of legal, policy and institutional arrangements to drive digital transformation in the MENA region
To support governments in better delivering public services, it is needed to engage in a government-wide digital transformation in a coherent and inclusive manner. Digital government strategies, with solid governance, can enable governments to strengthen their ability to design and deliver public services that meet changing demands and user expectation in a swifter, cost-saving and more inclusive way. They can also improve performance in public spending and reduce the risk of security vulnerabilities, as well as support administrative simplification by streamlining government operations and reducing transaction costs (OECD, 2012[51]).
MENA governments have recognised the potential of digital government, improved digital connectivity, established basic digital infrastructure and used information and communication technologies (ICTs) to enhance the efficiency of public services (OECD, 2017[52]). At the international level, Egypt and Morocco have, for instance, adhered to the OECD Recommendation on Digital Government Strategies (OECD, 2014[43]). At the national level, governments are increasingly developing frameworks, tools and practices as part of their efforts to implement digital government. These initiatives are presented in the following sections.
Moreover, most MENA governments have implemented – and updated – digital government strategies over the last decade, including Egypt, Jordan, Lebanon, Morocco, Tunisia, the Palestinian Authority, Saudi Arabia and the UAE, albeit not all with comprehensive policy objectives and a multi-sectoral scope. These strategies recognise the contribution of digitalisation to reforming public administration and modernising the public sector to reach sustainable growth objectives. In the Palestinian Authority for instance, the digital transformation of the public administration has been identified as a priority for reform (OECD, 2017[52]; OECD, 2023[17]; OECD, n.d.[18]; OECD, n.d.[20]; ESCWA, 2024[10]; OECD, 2024[9]). In 2021, the Ministry of Telecommunication and Information Technology presented the "Technology and Public Administration Strategy 2021-2023", which offers a framework and a roadmap for advancing the Palestinian Authority’s technological infrastructure and enhancing the effectiveness and efficiency of the public administration (OECD, 2024[9]). In Egypt, the “Digital Egypt Strategy”, led by the Ministry of Communications and Information Technology, aims at digitalising key public services, consolidating digital infrastructure in the public sector, and developing the “Digital Egypt” online government platform (OECD, n.d.[18]).
Governments in the MENA region, as in the rest of the world, acknowledge the importance of developing approaches to digital transformation that encompass all areas of life and economy and not just the modernisation of the public administration. Digitalisation of government is increasingly reflected in national visions as a key enabler to achieve the long-term development of the country or territory, such as in the Egypt Vision 2030 (OECD, n.d.[18]). The Kingdom of Saudi Arabia’s National Transformation Programme, one of the plans aimed at implementing the long-term objectives of the country’s Vision 2030, includes initiatives aimed at incubating digital technologies into various aspects of the country’s economy, society and government, ensuring a development in the technological strategies adopted by governmental entities (Kingdom of Saudi Arabia, n.d.[53]). In Morocco, to deliver on the long-term strategic priorities identified in the New Development Model and the Governmental Programme, the Ministry of Digital Transformation and Administrative Reform has developed a whole-of-government approach and strategy to digital transformation in addition to the development of a roadmap to support the digitalisation of public administration as a key policy priority. Consultations with governmental actors and other stakeholders were part of this process (OECD, 2023[17]).
To effectively implement their digital government strategies, MENA governments also regularly update related legislations and regulations as well as their internal practices (OECD, 2017[52]). For instance, with the support of the OECD and based on the recommendations developed in the Digital Government Review (OECD, 2018[54]), the Moroccan government has worked on standards to implement citizen-driven public service design and delivery across the public sector, as presented in Box 4.11.
1. Understand the needs and experiences of users of public services.
2. Involve users and all stakeholders in the design and delivery of public services.
3. Ensure openness and transparency towards users during the design and delivery of services.
4. Ensure that the use of digital tools and data by public administrations ensures and strengthens user confidence.
5. Be ambitious in the use of digital tools and data for the transformation of public services.
6. Implement a transversal omni-channel digital strategy to guarantee that users will always have access to a perfectly coherent, integrated and high-quality service.
7. Create conditions in public administrations that help civil servants to design and deliver high-quality public services.
8. Encourage public sector teams and their external providers to follow a consistent methodology for delivering public services to users.
9. Organise an ecosystem of tools, practices, and resources that can enable teams to perform high-quality work at scale and pace.
10. Consider data as a strategic asset as the basis of the transformation of public administrations.
Source: An output of the “Support for the implementation of the OECD Digital Government Review of Morocco (2018) recommendations: Development of digital government standards and guidelines” project under the framework of the Morocco Country Programme: Phase II.
A number of governments from the region have institutionalised at the highest level efforts to lead digital transformation in their society and economy. They have created dedicated digital government authorities or departments to ensure a coordinated whole-of-government approach in the uptake and use of digital technologies and data. In Morocco, digital transformation was integrated as one of the main topics of a ministerial department in 2021, giving the topic an unprecedented scope and priority (OECD, 2023[17]). The Kingdom of Saudi Arabia established a Digital Government Authority in 2021, following the launch of the national digital strategy. The Authority is in charge of regulating digital government across government agencies, but also of preparing and overseeing the implementation of the national strategy for digital government, in line with the national long-term development vision (Mourtada et al., 2022[55]).
In line with recent efforts, governments could pursue the consolidation and implementation of legal and policy frameworks, as well as institutional settings for digital government. Indeed, governments often share the challenge to embrace digital technology throughout the whole policy cycle and service lifecycle and equip public sector appropriately. In that regard, legal and regulatory hurdles are often cited as one of the biggest obstacles to cultural change, which continue to limit the emergence of a digital culture in government (OECD, 2017[52]; World Economic Forum, 2017[56]).
Digital technologies enable the delivery of services that are more responsive to citizens and businesses’ demands
Digital reforms in the MENA region also focused specifically on developing tools and practices to improve the effectiveness, accessibility, and quality of public services.
A major area of efforts across all levels of government in the MENA region is the development of digital platforms and channels to handle business-related administrative procedures, including one-stop shops. These single access points to administrative services effectively contribute to enhanced transparency and efficiency, saving time for both the administration and users (Kabbani, 2022[57]). The UAE led the way in this regard, with the launch of the Federal Feedback Gateway “My Gov” in 2008. Now U.ae, the one-stop shop provides access to over 3,000 government services (U.AE, n.d.[58]).
As of 2024, most MENA governments had taken steps towards developing unified e-government portals. For instance, Oman’s Ministry of Transport, Communications and Information Technology recently launched the first phase of Omanuna, the National Unified E-Government Services Portal, unrolling 88 e-services and streamlining procedures for 70%of basic e-government services (Omanuna, 2022[59]). In Egypt, the ‘Digital Egypt Portal’ to access governmental services online already features over 155 digital services, including notarisation, law enforcement, traffic and real estate registration, among others (OECD, n.d.[18]). The Moroccan government is also currently finalising the preparation of a one-stop-shop (Royaume du Maroc, 2024[60]).
Some MENA governments have advanced in building better enablers for delivery, such as digital identification: the Ministry of Interior in Saudi Arabia adopted the National Single Sign-On service for its government portal for citizens and residents to manage their digital identity, while directly and easily accessing public services (Government of Saudi Arabia, 2022[61]).
Despite significant progress, to date only few services are fully transactional and integrated in the MENA region. Most interactions with the public administration remain offline, communication occurring by phone, on paper or in-person, especially at the local level (OECD, 2020[62]). As highlighted in Chapter 1, significant discrepancies in access to ICTs and digital literacy exist within the public administration and among the wider population in the region, limiting the digitalisation of governments in some countries and territories (World Bank, 2021[63]). The use of various tools and channels of delivery and dialogue between public administrations and citizens (such as in-person, online, mobile apps, phone, (e)mail, social media, etc.) is therefore key to ensure that all citizens can access public services more easily through a channel of their choice.
Governments in the MENA region could pursue efforts to adopt omni-channel approaches to service design and delivery to ensure that services are user-driven, inclusive and involve all citizens and their diverse needs from the outset (OECD, 2020[25]; OECD, 2022[64]). This is the objective of the government in Dubai, that developed a one-stop shop service centre delivering integrated government services based on life events, without the need for customers to visit other government service centres (Government of Dubai, n.d.[65]). As part of these efforts, it is also essential to ensure that the delivery methods are inclusive. Vulnerable segments of the population, such as women, young people, elderly, disabled, migrants, refugees, low-income people, and other marginalised groups, have limited access to public services but it improves when using digital channels. A number of OECD Member countries have developed multi-channel and multi-service approaches to government delivery that are integrated, connected and inter-changeable to reach out to all segments of the population, such as Chile (Box 4.12).
To bring the State closer to its citizens, the government of Chile has established the “ChileAtiende” network that involves the whole public sector and its partners in a three-fold approach: (i) multiservice (i.e. aggregating 247 public services from 28 public sector organisations), (ii) multichannel (i.e. phone, website, social media, self-service kiosks, face-to-face), and (iii) multilayer (i.e. according to the depth of integration for a given institution).
The multi-channel and multi-service network includes the following channels among others:
Offices geographically distributed across the country to cover most of the population;
Digital Channel: a website that provides information on more than 2,500 benefits and services in simple citizen language;
Call Center: provides information and orientation on public services and benefits and
ChileAtiende Vehicles: vans that reach remote and rural areas to provide public services.
ChileAtiende also ensures inclusion by providing sign language and special spaces for breastfeeding mothers – and training the staff to be user-centered in their services.
Another area of opportunity that MENA governments could explore concerns expanding the engagement of public, private and civil society stakeholders in better using digital tools for policymaking and public service design and delivery (OECD, 2014[43]). For instance, in the Palestinian Authority, the “Technology and Public Administration Strategy 2021-2023” places special emphasis on the involvement of the private sector in the process of digitalisation of the public administration (OECD, 2024[9]). In Dubai, the one-stop shop service centre Services 1 also aims to provides a platform for the co-creation and delivery of government services in collaboration with users, including citizens and businesses, using behavioural science and information technology (Government of Dubai, n.d.[65]). Building on these practices, MENA governments could thus establish frameworks of collaboration, both within the public sector and with external actors to improve the use and provision of digital services.
MENA governments could strengthen the availability, use and sharing of data to inform public service design and delivery
A data-driven public sector is essential to ensure the technical integration required to provide policies and services that are designed to respond to targeted user needs and overcome siloes in a coherent way across different sectors and levels of government. For data-driven public services to fully deliver public value to citizens and businesses, capacity and capability are needed in terms of (i) the architecture and infrastructure for data access and sharing across the public sector; (ii) laws and regulations to enable data publication, interoperability, privacy and security; and (iii) leadership, training and skill-building to manage the data value cycle (OECD, 2019[68]). This is especially important in today’s context, as artificial intelligence will increasingly transform the way governments and users interact.
Many digital government strategies in the MENA region include specific policies and stipulations relating to data access, sharing or interoperability. For instance, the “data-driven” dimension sets out UAE’s objective of governing data “as a key strategic asset in generating public value through applying it in the planning, delivering and monitoring of public policies, and adopt[ing] rules and ethical principles for their trustworthy and safe reuse.” (UAE Government, 2022[69]). A few MENA governments have also developed specific policies to improve data skills in the public sector (OECD, 2017[52]).
Moreover, most MENA governments have adopted new data protection laws to ensure compliance with data privacy and cybersecurity regulations, as well as dedicated data protection authorities. Some governments have also created institutions for digital development that are also in charge of building better data governance and institutional practices across the government, as the case of the Moroccan Digital Development Agency (World Bank, 2020[70]).
Finally, most governments, including Algeria, Egypt, Jordan, Morocco, the Palestinian Authority, Tunisia and the UAE, have established open data portals, providing citizens public access to important datasets across various topics and institutions, including on public services (OECD/UN ESCWA, 2021[71]; ESCWA, 2024[10]). This topic will also be covered in Chapter 5.
Nevertheless, most countries and territories are lagging when it comes to establishing effective data governance frameworks. When they exist, data governance frameworks in the MENA region tend to remain fragmented, with roles and responsibilities for data governance functions distributed across multiple ministries, departments, and agencies (World Bank, 2020[70]). Overall, governments have also not developed dedicated standards and guidelines for public sector data use, management, sharing and interoperability (OECD, 2017[52]). These challenges prevent governments from using and accessing data to inform decision and policymaking.
Governments in the MENA region could focus their efforts on reinforcing government arrangements for data management to strengthen data availability and data-sharing across all levels of government. The data must be disaggregated by age, sex, geographical location, but also disability to generate inclusive outcomes. It is particularly important for topics like climate change or digital transformation, where the impact of decisions may not be equal for everyone in society.
As part of their efforts to deliver more effective and accessible public services to all citizens, MENA governments could also strengthen the availability and use of data to overcome data siloes in identifying users' needs, tailor services and deliver a proactive and continuous experience for all citizens. The Argentinian government has implemented an initiative to improve the accessibility of its public services for disabled populations through improved data-sharing, as highlighted in Box 4.13.
Finally, efforts to develop policy and regulatory frameworks on digital security and data protection should be further pursued to ensure the security of government services and data in ways that mitigate risks without blocking the transformation of the public sector (OECD, 2020[44]).
In the process of attempting to simplify the previously burdensome, complex and analogue process to obtain the disability certification (Certificado Único de Discapacidad, CUD) and the International Symbol of Access (ISA), the National Agency for Disability (ANDIS) and Mi Argentina, the digital public service delivery platform, created a multi-disciplinary team of software engineers, designers, psychologists, political scientists, anthropologists and sociologists to conduct user research and interviews with stakeholders.
Concurrently, the process relied on cross-matching and validation of biometric data from the National Registry of Persons with data regarding the CUD from the ANDIS – which were enabled by existing secured data-sharing arrangements. The final result was an online service that puts the ISA on Mi Argentina in one step with a wizard that guides users. It replaces what used to be a physical meeting over four steps.
Source: (G20/OECD, 2021[72]; OPSI, 2018[73]).
As introduced in the previous section, an effective service delivery depends on the public sector's capability and competences to navigate change and effectively carry out its responsibilities and mandates. This requires the ability to attract, recruit and retain public servants with specific skills adapted to the quickly evolving needs of the administration in today’s world.
The OECD Recommendation on Public Service Leadership and Capability (2019[74]) recognises the importance of a highly-professional administration based on merit, transparency, accountability and the rule of law to design and deliver quality public policies and services.
In this sense, governments in the MENA region are increasingly developing civil service reforms to improve recruitment, training and career development opportunities in the public administration.
One important area of reform includes the development of fit-for-purpose civil services, with the skills to deliver in rapidly evolving contexts with new policy challenges and technologies. As highlighted in the Recommendation (OECD, 2019[74]), specific skills and capabilities are required to understand complex challenges, to produce data and assess evidence, and to design policy and planning documents integrating cross-cutting issues. Skills to effectively engage citizens, crowdsource ideas and co-create better services, and skills for commissioning and contracting are also required, including skills in designing, overseeing and managing contractual arrangements and procurement processes. Civil servants must also know how to manage networks, requiring skills to convene, collaborate and develop shared understanding through communication, trust and mutual commitment. These skills, instilled at an individual level, create the elements and capability necessary to ensure organisation capability and system-wide capacity. Finally, skills in digital technology and innovation should also be continuously developed in order to keep up with, and harness the potential of, the digital transformation.
Similarly to OECD Members practices, most MENA governments started undertaking reforms to strengthen the transversal skills and capacities of civil servants, including management, digital skills and mainstreaming of cross-cutting issues such as gender and climate, to support strategic planning, decision-making and policy development.
In Egypt for instance, developing the capacities of civil servants has been regarded as one of the main pillars of the Administrative Reform Plan since 2014 (OECD, n.d.[18]). The Central Agency for Organisation and Administration (CAOA) is charged with the strategic human resources management of the Egyptian public administration. As part of its mandate, it leads the delivery of capacity-building programmes and other learning and development initiatives - encompassing a large range of transversal skills - which are in turn implemented by the institution or through various accredited entities. A key actor in this regard has been the National Institute for Governance and Sustainable Development (NIGSD) as the executive “training arm” of the Ministry of Planning and Economic Development (MPED) (see Box 4.14). Regarding more specifically the development of digital tools, in Lebanon, the Office of the Minister of State for Administrative Reform (OMSAR) has run since 2016 a large-scale e-learning project “Boost Yourself” for civil servants across the public sector to take courses in information technology, Microsoft Office, management and soft skills, in line with the national digital transformation strategy (Republic of Lebanon and Office of the Minister of State for Administrative Reform, 2022[75]). Between 2016 and 2020, 2,871 public sector employees participated in the e-learning programme, with 1,519 completing at least three courses (OECD, 2020[76]). The Palestinian Authority also has a strong basis on which to build in this area, particularly through its dedicated public administration school – the Palestinian National School of Public Administration-, which has a modern purpose-built headquarters with 11 training rooms designed to centralise the training offer to public servants. It has a particular focus on leadership training. The current focus of training is on e-learning to expand the base of trainees and achieve economies of scale. In the UAE, the government launched in 2022 Jahiz, a digital platform that offers to civil servants around 90 programmes on four groups of “skills of the future” that can support the country’s growth, namely digital skills, data and artificial intelligence skills, new and digital economy skills, and advanced project management skills (Government of the UAE, 2024[77]).
The National Institute for Governance and Sustainable Development (NIGSD) is a public economic organisation under the Ministry of Planning and Economic Development (MPED) with advisory, training and research functions. In 2020, the NIGSD replaced the National Management Institute to promote good governance and enhance the development of human capital, in line with Egypt Vision 2030. The main areas of work of the NIGSD align closely with Egypt's commitments to deliver on the SDGs through consultancy work, provision of technical support and delivery of strategic guidance to government institutions. As such, the institute actively monitors progress in SDG implementation, emphasising the critical link between governance and sustainable development.
As part of its mandate, the NIGSD is tasked with carrying out regular training of public sector employees on topics related to governance and sustainable development. The Institute provides ad hoc training programmes for civil servants on soft skills, leadership skills, as well as more technical trainings on internal audit, SDGs, Egypt Vision 2030, and application of good governance practices. In close collaboration with international partners, the NIGSD plays a pivotal role in raising awareness of sustainable development’s importance and fostering cross-sector partnerships to achieve the SDGs. While doing so, the NIGSD seeks to elevate Egypt’s standing in international reports and rankings, in turn reflecting the country’s strong commitment to sustainable development, through targeted programmes for empowering women and young people in public and political life.
As a manner of illustration, the NIGSD launched a flagship Programme in 2018 with the National Council for Women (NCW) “Women Leaders Qualification”, targeting female Egyptians civil servants with high-level potential, aspiring to leadership responsibilities in the public administration. The upskilling programme has been designed with the support of experts, as well as members of parliament and the NCW. Since its creation, the programme has covered 3,400 women aged between 30-50 years old in 12 governorates, offering courses targeting gender equality in the workplace, human resources and sustainable development.
The NIGSD also lends support to various organisations in different ways. For example, it collaborates with MPED regarding the Sustainable Development Strategy, CAOA on matters of public governance, and works alongside the public governance units within line ministries. Additionally, it plays a role in supporting different agencies and institutes, such as the Administrative Control Authority (ACA), particularly in addressing public integrity and anti-corruption issues.
Source: (OECD, n.d.[18]; OECD, n.d.[15]).
In most countries and territories of the region that implement such trainings, as in OECD Member countries, these initiatives are part of larger processes of Public Administration Reforms (PAR) that aim to have a more flexible, more agile civil service that keeps pace with societal developments (OECD, 2021[78]).
However, trainings and programmes developed by governments often do not address bottlenecks or skill gaps identified in public administrations (Akram Malik and Kromann Kristensen, 2022[79]).
Moreover, MENA governments still face challenges in developing the capacity of its civil service while attracting and retaining experienced public servants. In a number of countries and territories, this is due to a lack of resources and flexibility in human resources management processes (OECD, 2023[17]). To address these challenges, the Moroccan government, for instance, launched a series of reforms to develop skilled and adequate human resources across all levels. The government produced priority policy goals and plans (e.g. Maroc Digital 2020) to develop an ecosystem that is skilled in ICTs and can deliver effectively for its citizens and businesses (OECD, 2018[54]; OECD, 2023[17]).
In order to pursue their efforts, MENA governments could consider strengthening human resources management policies to better attract, develop and retain skills and expertise. This could include investing in learning opportunities for employee training and development by reinforcing capacity-building programmes and learning and development systems (OECD, 2017[80]). One could notably invest in prioritised skills to gather and analyse relevant data, to develop aligned strategies and pertinent indicators, to co-ordinate with other actors, and to engage effectively with citizens and stakeholders.
In line with practices existing in some countries and territories of the region, MENA governments could also further their existing efforts in building the digital skills of their civil servants. Today, the capacity and capability to manage digital tools and data’s growing use in the public administration is a horizontal skill needed by all civil servants. Over the past several years, the fast-changing environment towards increasingly electronic and digital ways of working in the public sector left many governments experiencing gaps in digital skills. Attaining digital government maturity also calls for governments to rethink and redesign human resources and project management approaches, processes and tools; they must aim to build up a capable civil service that can overcome the challenges and seize the opportunities of using digital technologies and data for better delivery, as underlined in the OECD Recommendation on Digital Government Strategies (OECD, 2014[43]). The OECD Framework for Digital Talent and Skills in the Public Sector (OECD, 2021[81]) presents a three-pillar framework for how governments can equip their civil service with the skills needed to ensure the effective implementation and use of digital to improve service delivery. It encompasses (i) an environment that encourages digital talent; (ii) the skills across all levels to support digital transformation; and (iii) the practical steps and enabling activities to establish and maintain a digital government workforce. The processes and activities should also support the mobility and development of the civil service to attract, recruit, and retain digital talents proactively and fairly, and commit to upskilling the workforce in the use of digital tools and data for effective delivery in the fast-changing digital age.
Moreover, improving the ways of organising and managing public employees could also encourage proactive collaboration and innovation, therefore leading the way for constant improvement in the design and delivery of public policies and services. Governments could for instance promote and incentivise the creation of diverse, multi-disciplinary teams that can work well across organisational siloes. They could promote the integration of professions across job families to avoid a disconnect among policymakers, product and service designers, procurement officers, data scientists, communication officers and client relations officers who, otherwise, would not be able to gain a full understanding of designing and delivering based on user needs from end to end. Furthermore, governments could also further promote knowledge-sharing between civil servants at the national level, but also across the region to build capacities for government performance. This is promoted for instance by the UAE through the Government Experience Exchange Programme, that aims to exchange best practices on public governance areas with 33 countries in the world, including Egypt, Iraq and Jordan (Government of UAE, 2024[82]).
At the same time, governments could promote in their human resources management policies: the continuous identification of skills, attraction and retention policies targeting all groups, especially underrepresented people; transparent, open and merit-based recruitment and promotion processes; and the establishment of learning and performance cultures to ensure integrity and capacity. In fact, a growing number of governments have already started to produce and rely on competency frameworks and incorporate them into human resources management processes (OECD, 2022[83]).
Other good practices from OECD Member countries that can be mentioned include the development of integrated strategic documents to guide skills development across government on the long-term, such as in Czechia and Ireland (Box 4.15).
The Framework for Client-Friendly Public Administration 2030 in Czechia
The Framework for Client-Friendly Public Administration 2030 is a strategic document defining development of the national public administration in the period 2021-2030. It highlights a number of measures to bolster skills for developing policy, including:
The implementation of evidence-informed decision-making in public administration, including specialised training of public officials responsible for analytical research and reports;
The establishment of a working group on co-operation of analytical units and establishment of analytical teams within the civil service, together with a collaborative network and web platform for sharing the analytical data;
The development of skills to provide timely policy advice and analysis;
The implementation of training for front desk public officials with the aim of improvement of client-oriented communication and services in order to develop effective and trusted public service;
and new tools for centralised civil servants´ training targeting common cross-sectional issues using e-learning.
The Civil Service Renewal Strategy in Ireland
Ireland’s reform initiatives are guided by the Civil Service Renewal Strategy, a document which sets three strategic priorities to be achieved over a ten-year framework.
Stemming from the previous iteration of this strategic document, Ireland has developed a centralised learning and development offer to boost future-oriented skills and competencies across 44 civil service bodies. This was formal recognition of the importance of learning and development’s role in supporting all civil servants to continue developing essential skills for their current and future roles in a culture of continuously improving the quality of service to the citizen.
Prior to the establishment of One Learning, 44 Civil Service Bodies (CBSs) delivered their Learning & Development programmes independently. There were no synergies and consistency, with CBSs doing their own procurement. This resulted in major inefficiencies and duplication across the Civil Service. This did not deliver value for money for the citizen and the civil service. In addition, there was no consistency of access to training for civil servants across government.
Source: (OECD, 2020[84]).
Laws and regulations3 affect all areas of life. By setting the “rules of the game” for citizens and businesses, sound regulation helps ensure the effective delivery of public goods and services (OECD, 2021[85]). Indeed, overregulation often creates burdens and inefficiencies for citizens as well as for the public sector. As enshrined in the OECD Recommendation on Regulatory Policy and Governance (OECD, 2012[51]), a robust regulatory system, based upon on a whole-of-government framework and including regulatory management tools, can contribute to optimise the delivery of laws and regulations. It contributes to providing the best possible public services and policies that answer to the needs in terms of risk prevention, public welfare, social inclusion and gender equality, without excessive costs for the state or placing regulatory burdens on citizens or businesses (OECD, 2018[86]). In doing so, regulations can also create the necessary conditions for economic and social growth. (OECD, 2022[87]).
Governments around the world, including in the MENA region, are increasingly shifting towards regulatory reforms that establish whole-of-government policies for regulatory policymaking (World Bank, 2018[88]), as also reaffirmed by their endorsement of the Regional Charter for Regulatory Quality (Box 4.16). As such, they have also invested in regulatory governance to improve the ways regulations are designed, delivered and evaluated in a context of increasing regulatory complexity. The main areas of reform are detailed in the following sections.
In 2009, the Regional Charter for Regulatory Quality (“the Charter”) provided a common framework of principles and good practice for regulatory management in governments of the MENA region. This Charter is based on the 1995 OECD Checklist for Regulatory Decision Making and the 2005 OECD Guiding Principles for Regulatory Quality and Performance.
In the Charter, governments recognised that a “(…) good regulation should:
1. serve clearly identified policy goals, and be effective in achieving those goals;
2. have a sound legal and empirical basis;
3. produce benefits that justify costs, considering the distribution of effects across society, and taking economic, environmental and social effects into account;
4. minimise costs and market distortions;
5. promote innovation through market incentives and goal-based approaches;
6. be clear, simple and practical for users;
7. be consistent with other regulations and policies; and
8. be compatible as far as possible with competition, trade and investment facilitating principles at domestic and international levels.”
The Charter also emphasises the importance of commitment at the highest political level to an explicit whole-of-government policy for regulatory quality.
The principles of the Charter were reflected in the 2012 OECD Recommendation on Regulatory Policy and Governance. This document is the first comprehensive international statement on regulatory policy after the 2009 global financial and economic crisis. The Recommendation provides governments with clear and timely guidance on the principles, mechanisms and institutions required to improve the design, enforcement and review of their regulatory framework to the highest standards. The 2009 Charter and 2012 Recommendation constitute a common framework for the design and implementation of an effective and high-quality regulatory reform policy.
Source: (OECD, 2013[89]).
Efforts to improve legislative drafting and reduce administrative burdens are increasing
As part of efforts to improve the overall effectiveness of regulation, a first area of reforms consists of improving legal drafting to ensure the development of high-quality laws and regulations responding to the needs of citizens.
The Palestinian Authority was a pioneer in the MENA region in developing a legislative drafting manual as presented in Box 4.17 (OECD, 2022[87]). In the last years, similar legislative guidelines have been developed by other governments in the region (OECD, 2019[90]). One can notably mention the “Legislative Information Memoranda” in Egypt aims to ensure the quality of new legislation as well as its consistency with the provisions of the constitution and international agreements (ERRADA, n.d.[91]). The development of such practices and tools could be further expanded in the MENA region.
The legislative drafting guidelines were approved in 2013 and then updated in 2018 by a working group led by the Ministry of Justice. The current manual builds on earlier versions of the guidelines developed in 2000 and evaluated by the OECD in 2011. The legislative drafting guidelines have been approved by the Council of Ministers in 2017 and are considered binding.
Goals of the guidelines:
Provide a procedural and technical guideline for preparing primary laws and subordinate regulations for competent authorities (legal units in ministries, Bureau of Legal Opinion and Legislation, etc.), based on international best practice;
Unify the methods of preparing legislation in the Palestinian community.
The guidelines contain two parts, one on the stages of drafting primary legislation and one on the particularities of drafting secondary legislation.
Part one: Stages of drafting primary legislation
Planning stage: Civil servants should specify the problem and planning impact evaluation, and plan the regulatory impact assessment (definition of the problem and SMART goals, identification of regulatory and non-regulatory options including the option to do nothing), consultations, enforcement, and evaluation;
Legislative Policy: This section explains the purpose of the National Policy Agenda and the process of translating overarching policy priorities into concrete regulatory proposals by preparing a legislative policy memorandum;
Action Plan: Upon receipt of the legislative policy memorandum, the competent authority is tasked with preparing an action plan to prepare the drafting process. This includes assigning tasks among team members, preparing a list of regulatory elements to be drafted, and anticipating enforcement measures;
Legislation Unit: This section explains the structure to be used when drafting a primary law (preamble, definitions, goals, enforcement);
Transitional and permanent provisions: This section refers to different implementation methods for primary laws, which can be transitional (“articles that that pave the way to transition from the implementation of a previous legislation to a new implementation which amends or annuls it”) and permanent.
Standards of legislative drafting: This section specifies the language to be used when drafting articles of a primary law.
Part two of the guidelines specifies the particularities of drafting secondary legislation, which mainly refer to the drafting structure of different types (bylaws, ministerial decisions, instructions).
The guidelines also contain a Regulatory Impact Assessment (RIA) template.
Note: The members of the working group included the Office of the President’s Legal Unit, the Council of Ministers and its General Secretariat, the Ministries of Interior and Finance, the Bureau of Legal Opinion and Legislation (Diwan Alfatwa), Birzeit and Al-Quds Universities, and representatives from the private sector
SMART: = Specific, Measurable, Agreed upon, Realistic, Time specific.
Source: (OECD, 2022[87]).
The MENA region has also implemented laws or initiatives aiming to simplify existing regulations and reduce administrative burdens by reviewing the “stock” of regulations, that is the number and diversity of regulations to comply with (OECD, 2013[89]).
For instance, the Egyptian Regulatory Reform and Development Activity (ERRADA) initiative, created in 2008, has engaged in a large-scale regulatory simplification with the removal of 2,000 contradictory or redundant instruments and the online publication of 30,000 legislative texts (OECD, 2018[92]; OECD, 2013[89]). Through the SIGMA initiative, the OECD supported ERRADA in developing standards for good governance in Egypt. It also accompanied more specifically the Industrial Development Authority to simplify its administrative practices. Other governments, such as the Palestinian Authority, have similarly placed consolidating the body of law as one of their strategic policy objectives and have started implementing a number of reforms to reduce the burden of regulation on enterprises, although they have yet to be fully implemented (OECD, 2024[9]). In the UAE, the Zero Government Bureaucracy Programme aims to eliminate a minimum of 2,000 government procedures and streamline bureaucratic processes by the end of 2024 (Ministry of Finance of the UAE, 2024[93]). In addition, as reforms move forward, governments often realise they must pay attention to the “flow” of regulations, that is the pace and quality in which new regulations are made and added to the stock. While the flow is generally smaller than the stock of regulations (OECD, 2020[94]), the challenge is to ensure that any gains realised via burden reduction are not replaced with new sub-optimal policy decisions that would accumulate over time and return the government back to the original baseline.
SIGMA’s cooperation with the Egyptian Industrial Development Authority (IDA) dates to 2017. At IDA's request, SIGMA was engaged in the drafting process of a new Law on Licencing (Law No. 15) and the related Executive Regulation. SIGMA undertook this legislative support in parallel with a long-term strategic project to support the Egyptian Regulatory Reform and Development Activity (ERRADA) in developing standards for good governance in Egypt. This resulted in the “Egyptian Guide to Good Administrative Procedures” and the “Guide to Developing Secondary Legislation in Egyptian Legislating Bodies”.
The “Egyptian Guide to Good Administrative Procedures” is a manual to help administrative practitioners to apply administrative principles to their decision-making processes. The content of the guide is inspired by the concept of “Good Administration” as it has been evolving within the European Union and its Member States. The “Guide to Developing Secondary Legislation in Egyptian Legislating Bodies” provides a comprehensive state-of-the-art toolbox for solving complex problems in public affairs through reasonable solutions of legislative or non-legislative nature. Both Guides were elaborated by SIGMA-ERRADA in the time between 2018 and 2022.
In the period 2022-2024, SIGMA supported IDA in a reform project with the overall aim of a simplified, investor-orientated and rule-based administrative practice at IDA. This project aimed at (1) finding and mitigating administrative obstacles investors are facing in Egypt when taking part in various processes to obtain an industrial operation licence to be issued by IDA, and (2) apply for the implementation of Guide I and Guide II.
The pre-application and the licencing phase were analysed in depth down to the concrete day-to-day administrative practice and for both, concrete, effective and promptly implementable solutions were conceptualised, derived from the facts and data obtained from investors and IDA employees. Furthermore, the complete RIA method was applied for the problem-solving concept of the pre-application phase.
The project resulted in concrete achievements:
A substantially upgraded web-based communication system is now operational, providing potential investors with easy and comprehensive access to official information on all legal and factual (both economic and technical) requirements for obtaining an industrial operating licence.
The reorganization and upgrading of the system of the 28 regional IDA Branches is being tested in one Branch. The recommended system, once fully operational, would make it easier for investors to contact IDA directly. This will speed up the process and save costs for investors and the IDA.
IDA Branch staff will be empowered by a new IT system that will manage support requests to IDA Headquarters and provide a frequently updated database of procedural- and office rules.
A Code of Conduct is adopted for the interaction between IDA staff and investors. This is a notable contribution towards investor-orientated behaviour of IDA staff.
A proposed legislative concept aims to ensure legal protection of investors against the current IDA administrative practice, which is contrary to the rule of law and illegal, in cases of rejection of a licence application.
Source: Information provided by OECD/SIGMA; (OECD SIGMA and ERRADA, 2019[95]; OECD SIGMA, MPED and ERRADA, 2022[96]).
MENA governments are progressively adopting RIAs to increase agility and responsiveness of policies and services
The development and use of regulatory management tools and practices such as regulatory impact assessments (RIAs), policy reviews and a more systematic engagement of stakeholders in law- and regulation-making is key to ensure that regulations meet the desired objectives (OECD, 2022[87]); (OECD, 2020[97]).
A well-functioning RIA system can provide governments with as much as possible objective information about the likely benefits and costs of regulatory and non-regulatory approaches. It helps reduce regulatory failures by identifying where unintended consequences would exceed any of the purported benefits. The evaluation of existing policies through ex post impact analysis is also necessary to ensure the effectiveness and efficiency of new regulations. Early attention should be paid in the policy cycle to the performance criteria for ex-post evaluation, which involves clarifying regulatory goals, determining relevant data for assessing performance, and allocating institutional resources. Additionally, the involvement of a variety of state and non-state actors to review existing and new regulations is essential to ensure that they serve the public interest and are informed by the legitimate needs of those interested in and affected by them (OECD, 2012[51]). The implementation of tools and practices mentioned above is also key to creating a culture of effective inspection and enforcement to ensure regulations are adequate and achieve their goals of improving services and policies for citizens and businesses.
In lines with practices adopted across the world, MENA governments are increasingly institutionalising RIAs to support responsive and agile law-making in line with national development objectives. In the UAE, the recent review of existing laws and regulations to simplify government procedures also focused on assessing the impact of legislation on all groups of population to ensure the equal application of laws (Government of UAE, n.d.[98]). Several governments, including Egypt, Jordan and the Palestinian Authority, have recently developed RIA policy guides and good practices manuals in cooperation with the OECD and SIGMA4 to strengthen the capacities of government institutions and decision-makers on the use and implementation of impact assessment instruments more generally (OECD, 2022[87]; OECD, 2022[64]). Moreover, a number of ministries, such as the Ministry of Justice in the Palestinian Authority and different line ministries in Jordan, are implementing pilot RIAs on selected regulations in an effort to gradually build a systemic approach (OECD, 2022[87]; Government of Jordan, 2022[99]).
More particularly, as part of the response to tackle cross-cutting challenges that hamper sustainable development, some governments started using RIAs to anticipate the impact of new legislation and policies on specific groups of the population (OECD, 2021[100]).
Gender impact assessments (GIAs) notably, also known as gender analysis, can help analyse any given policy or funding decision throughout its lifecycle, in order to identify and assess its (potential or actual) gender-specific impacts (OECD, 2021[101]). In Morocco, the Sectoral Gender Analysis (SGA) is used systematically in the development of the gender strategies of different ministries to highlight the most persisting instances of inequality between women and men and to assess the current lack of quantitative and qualitative statistical data (OECD, 2023[17]). The SGAs also serve as a reference for the development and revision of all public policies and sectoral programmes through the Medium-Term Sectoral Action Plans of the ministries, as well as for quality assurance.
Some MENA governments have also developed the use of ex-post reviews and evaluations. This is the case in Egypt, where the ERRADA initiative is in charge of evaluating Egyptian policies and laws transparently and assessing their implementation through ex-ante and ex-post assessments. In other countries and territories, the use of ex-post reviews and evaluations by line ministries is developing, but remains for now largely carried out on an ad hoc basis (OECD, 2022[87]). Efforts have also been made by MENA governments to better engage stakeholders in regulatory processes in order to ensure law and regulations better respond to the needs of citizens and businesses. For instance, the Palestinian Authority developed an online platform to conduct e-public consultations and developed standardised procedures for government entities to conduct public consultations (OECD, 2024[9]).The development on an online portal for public consultation is also a measure undertaken by the Jordanian government as part of its action plan to update and systematise stakeholder consultation in policy- and law-making processes, and also as part of the country’s Open Government agenda (Government of Jordan, 2022[99]). The action plan also foresees the introduction of a new requirement for institutions to attach information on stakeholders consulted and their feedback for every draft policy or law proposed to the Cabinet.
Taking a wider approach, the Government of Abu Dhabi in the UAE released a Public Policy Framework in 2021, which seeks to provide a unified framework to guide the creation of regulatory policies across the government (ADEO, 2021[102]). It contains an overview, guidance and suggested tools for the use of RIA and stakeholder engagement for better regulatory policymaking.
Efforts could be pursed to strengthen regulatory frameworks across the MENA region
Despite reforms undertaken, regulatory delivery has become more difficult across the MENA region over time as their regulatory stock has grown in complexity. As shown in Figure 4.2, regulatory quality has shrunk or stagnated in most countries and territories of the region since 2012, except in Gulf countries and Algeria. Despite progress made through the implementation of specific programmes and mechanisms, many MENA governments do not yet have clear and co-ordinated or whole-of-government approaches in their regulatory processes and suffer from fragmented institutional landscapes for regulatory policy, with resulting difficulties in ensuring clear, co-ordinated, well-enforced and monitored regulations (Biganzoli and Gagliardi, 2021[103]; OECD, 2022[87]).
Worldwide Governance Indicator on Regulatory quality in MENA countries and territories in 2012 and 2022
Note: Regulatory quality, as measured by the Worldwide Governance Indicators, “measures the ability of the government to formulate and implement sound policies and regulations that permit and promote private sector development.” The Worldwide Governance Indicators (WGI) are a research dataset summarising the views in quality of governance provided by a large number of enterprise, citizen and expert survey respondents. These data are gathered from a number of survey institutes, think tanks, non-governmental organisations, international organisations and private sector firms. Percentile Rank (0-100) indicates rank of countries and territories among all countries and territories in the world. 0 corresponds to lowest rank and 100 corresponds to highest rank.
Source: Author’s work based on (World Bank, n.d.[1]).
The slow development of legal and institutional regulatory frameworks further limits the use of regulatory tools across MENA governments. For instance, as depicted in Figure 4.3, slightly over 20% of MENA governments conduct RIAs, a proportion that remains low compared to other regions in the world. Stakeholder consultation and participation in regulatory processes remains also underdeveloped. In addition, civil servants often lack guidance and methodologies, as well as sufficient training, to carry such processes out (OECD, 2022[87]).
Proportion of governments conducting RIAs within their respective region
Note: MENA as classified by the World Bank dataset includes: Algeria, Bahrain, Djibouti, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malta, Morocco, Oman, Palestinian Authority, Qatar, Saudi Arabia, Syrian Arab Republic, Tunisia, United Arab Emirates, and Yemen.
Source: Author’s work based on (World Bank, n.d.[104]).
Efforts to further develop a co-ordinated, whole-of-government approach that places a priority on the use of regulatory management tools, including RIA, stakeholder engagement and policy review could be a viable source of future plans for regulatory reform across the MENA region.
Developing and strengthening mechanisms and tools related to the development, implementation and enforcement of regulations is one important area of possible reform, as well as encouraging further participation and co-ordination between stakeholders involved in the regulatory processes.
Regarding more specifically the development and mainstreaming of the use of impact assessment tools, developing strong guidance and capacity-building could contribute to enhance their use across public administrations. Countries including Austria, Canada and Sweden have for instance also established requirements to complete gender impact assessments as a separate analysis that accompanies RIAs (OECD, 2019[105]).
Similarly to other countries and territories in the world, MENA governments could also expand the use of RIAs to drive the consideration of a large range of cross-cutting issues into the law-making process beyond gender equality, in line with their long-term development objectives (OECD, 2021[100]; OECD, 2024[106]). Such tools can notably be mobilised to assess the impact of regulations on main priorities such as climate change, that is sustainability impact assessments (SIA) and environmental impact assessments (EIA) (OECD, 2023[107]), as well as on specific groups, such as young people. For instance, Austria, France, Germany and New Zealand now apply ex-ante “youth checks” to incorporate youth consideration more systematically in policymaking and legislation (OECD, 2020[108]). In Iceland, the Ministry of Education Science and Culture in charge of youth portfolio reported developing a youth check in co-operation with the Office of the Ombudsman for Children (OECD, 2020[108]). Box 4.19 presents how these instruments are implemented in OECD Member countries.
Assessing performance for impact in Germany and Belgium
It is mandatory in Germany to assess the impact of all proposed laws and regulations on the principle of “sustainable development”. Within the framework of the Sustainability Impact Assessment (SIA), Germany has also introduced an online tool to assess the proposed laws and regulations vis-à-vis the German Sustainable Development Strategy as well as SDGs. The SIA serves as an instrument to check whether and how intended legislation contributes to implementing Germany’s National Sustainability Strategy. All draft bills are evaluated by the Parliamentary Advisory Council on Sustainable Development to conduct quality assurance for the SIA.
Belgium introduced ex-ante impact assessment tool, the Sustainable Development Impact Assessment (SDIA), which is integrated into the RIA. SDIA, made a mandatory requirement in 2007, screens the impact of draft regulations in terms of sustainable development. Therefore, the RIA assesses the impact of preliminary draft regulations on economic, social and environmental dimensions of sustainable development. The RIA (including SDIA) is one of the documents that must be presented to the Council of Ministers along with the draft regulation for approval. Officials in charge of drafting regulations, such as members of ministerial cabinets and/or members of administrations, are responsible for filling in the impact assessment form.
The “Gender-based analysis plus” in Canada
The Government of Canada has put in place a “Gender-based analysis plus” (GBA+) tool to ensure that “the differential impacts on people of all genders are considered when policies, programmes and legislation are developed.” It is an analytical process that seeks to advance gender equality, but it goes beyond considerations of sex and gender differences to also look at other factors such as race, ethnicity, religion, age, and mental or physical disability.
Using better regulation to improve environmentally related regulatory proposals
The Ministry of the Environment in Denmark amended the Environmental Protection Act by the executive order on waste management. The Implementing Regulation on waste management executive order was initially drafted in a way in which businesses were imposed DKK 24 M in administrative burdens. Based on the results of a RIA on administrative burdens for businesses, the regulation was rewritten putting the burden on fewer businesses, thereby lowering the burden substantially to less than DKK 4 M.
Portugal established the Single Environmental Permitting Platform, developed to operationalise the Single Environmental Licensing Scheme (LUA) which was introduced in 2015 to simplify, harmonise and integrate 12 different environmental permits. The OECD currently supports the Portuguese government with reviewing and updating the Licensing Scheme to further reduce administrative burdens on businesses.
Practical methods, such as incorporating sunset clauses or mandating periodic assessments, establishing review schedules, and creating platforms for public input on regulatory modifications could also facilitate ex-post impact analysis processes. The OECD developed the Best Practice Principles on RIA (2020[97]) to provide governments with more detailed information and guidance on how to develop and sustain sound RIA systems. Additionally, the reinforcement of civil servant capacities and skills through trainings and guidelines to carry such processes out appears also essential.
Finally, the development of one-stop shops could be an opportunity for governments to support the implementation of administrative simplification strategies, as well as to improve regulatory delivery and compliance with regulations. One-stop-shops allow citizens and businesses to locate forms and do business more easily, and to provide information once for multiple purposes. Governments can receive better quality information in the first instance, with improved compliance rates that reduces the amount of resources needed for enforcement. The OECD has set out a framework for supporting one-stop shops, through the OECD Best Practice Principles on One‑Stop Shops for Citizens and Business (OECD, 2020[111]).
Building on existing reforms and initiatives, there is scope for governments to pursue efforts undertaken in the following areas:
Fostering a culture of public integrity across the public sector and society
Strengthening institutional and legal frameworks to implement coherent and comprehensive public integrity systems, including through the implementation of anti-corruption agencies and Ombudsman offices, the development of codes of conduct and ethics.
Ensuring stakeholder engagement in the development of public integrity systems (participation in development of mechanisms and tools for instance) and through awareness-raising and capacity-building activities.
Reinforcing internal and external accountability mechanisms.
Promoting harmonised and unified approaches to internal control and internal audit as well risk management across government, by setting for instance clear responsibilities for the different institutions and reference framework, procedures and tools as well as capacity-building activities for implementing internal control and risk management in the ministerial departments.
Encouraging the development of an enabling environment for the civil society, media but also citizens to operate as “watchdogs” and keep governments accountable.
Reviewing public procurement processes to improve their effectiveness and transparency
Further developing policy frameworks and strengthening legal and institutional frameworks for public procurement.
Pursuing efforts to strengthen the effectiveness, transparency, accessibility and inclusiveness of public procurement systems, including:
Developing regulatory frameworks linked to the participation of SOEs in public procurement processes and the implementation of e-procurement systems.
Strengthening internal and external accountability and control mechanisms.
Improving the professionalisation of the public function across the entire procurement cycle through the development of guidelines, tools and capacity-building activities.
Fostering the use of public procurement to promote more sustainable public services and growth, including through the development of green public procurement practices, strategies and frameworks.
Embedding digital government in public service design and delivery
Further developing whole-of-government approaches to digital government strategies through strengthening policy, legal and institutional frameworks on digital government.
Fostering the development of omni-channel approaches to public service delivery and engaging key stakeholders in service design and delivery to improve accessibility, responsiveness and inclusiveness.
Strengthening the availability, use and sharing of data through the development of strong data governance and digital security frameworks improving the collection, use and sharing of data across administration in a secure way.
Modernising human resources management to build a fit-for-purpose civil service
Strengthening human resources management policies to better attract, develop and retain skills and expertise, including through:
Investing in learning opportunities for employee training and development.
Promoting in human resources management policies the continuous identification of skills, attraction and retention policies targeting all groups, including underrepresented ones; transparent, open and merit-based recruitment and promotion processes; and the establishment of learning and performance cultures to ensure integrity and capacity.
When necessary, developing integrated policy documents to guide skills development across government in the long-term.
Investing in regulatory governance to optimise the delivery of public services
Pursuing efforts to support the development of co-ordinated, whole-of-government approaches to regulatory governance, including:
Pursuing the development of tools and practices to improve legislative drafting and reduce administrative burdens.
Strengthening the use and mainstreaming of impact assessment processes, and building capacities across public administration for their effective implementation.
Further engaging stakeholders in law-making processes.
Envisaging the development of one-stop-shops to support the implementation of administrative simplification strategies and to improve regulatory delivery and compliance with regulations.
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← 1. According to the World Bank definition, government effectiveness captures perceptions of the quality of public services, the quality of the civil service and the degree of its independence from political pressures, the quality of policy formulation and implementation, and the credibility of the government's commitment to such policies.
← 2. The National Institute for Governance and Sustainable Development” (NIGSD) is a public economic organisation, with advisory, training and research identity, supervised by the Minister for Planning and Economic Development (MPED).
← 3. Regulation refers to a wide range of tools used by governments to intervene in markets and society to change the actions and behaviours of citizens and firms, ranging from hard rules to alternatives such as incentives and guidance (OECD, 2020[97]).
← 4. SIGMA (Support for Improvement in Governance and Management) is a joint initiative of the OECD and the European Union.