Improving Public Controlling Mechanisms in Islamic Republic of Iran for fighting corruption

Islamic Republic of Iran is the outcome of divine teachings of holy Islam and has been  formed on the basis of eminent dignity and value of man and his freedom together with his responsibility before God, democracy and referring to general voting.

“Public controlling” is one of the constitutional roles from which people in Islamic Republic of Iran benefit. 

This issue has been emphasized in the preamble of Iran’s constitution as

 “Constant supervision of Muslim’s nation over the activities of experienced and honest officials” and on the basis of principle 8 “in Islamic republic of Iran inviting to do good deeds, directing to do what is lawful or good and enjoining not to commit what is unlawful or bad shall be a public and reciprocal duty of all people towards each other, of the Government towards people and vice versa”.

 In addition to this kind of public controlling, which is considered to be the duty of every individual within the society, there are more observable kinds of controlling. Freedom of expression for publications and press, subject to principle 24, freedom of forming parties, societies, political and business associations, subject to principle 26, freedom of holding assemblies and marches, subject to principle 27, which are used in a modern and civil society as an effective tool for public controlling, have been provided for in the constitution. Moreover the executive mechanisms of these kinds of public controlling have been set forth by the statute.

Islamic Republic of Iran is the consequence of fighting against one of the most corrupt, dictatorial and non-democratic regimens in the Middle East.

The revolution considering its ideological principals has underscored the important role of “public controlling” in preventing from and fighting against different kinds of corruption.

Provision of article 13 of UN convention against corruption, civil society, is exactly in consistence with the governing rules and principals in Iran.

Islamic Republic of Iran is now experiencing a new move in fighting corruption. Measures have been taken to enhance the efforts including improving and expanding the controlling mechanisms and their efficiencies.

The starting point of this move was the decree of Iran’s Great Leader Ayatollah Khamanehi addressing the heads of three branches, executive, legislative and judiciary in 2001. The decree, which consists of 8 articles, was issued to mobilize all the forces against economic corruption in Iran.

Some of the measures to expand public controlling are as follows:

1.        Institutionalizing the role of press and media in fighting corruption

At the present time over 1750 press are working freely within the framework of the constitution and press law in Iran. Such growth is so outstanding that makes Iran one of the unique countries in the Middle East benefiting from the highest standards of free press. Public demands for fighting corruption and press competition have made the issue to become one of the primary and challenging issues in terms of theory and practice. Moreover the amount of dissemination and information provision in recent years has been so high that many important cases of corruption concluded due to the timely action of press and media.

Thank to this timely dissemination of press and media the grounds for corruption is limited and the judiciary and other responsible organs have to act immediately and be accountable now.

2.        Giving priority to fighting corruption by the political parties and processes

Whereas fighting corruption is the foundation of Islamic republic of Iran, public opinion considers the issue as an index to evaluate the efficiency of Government. Also the leadership constantly underscores the public and societies’ demands for the government and judicial system to fight corruption. So at the present time the issue of “fighting corruption has become one of the main demands of people. Consequently, social elements such as MPs, elite, societies, student movements and so on consider the issue as a top priority and demands for the government and judiciary to take appropriate action against it. In addition the issue has become one of the prime electoral slogan in a way that every political party or group tries to manifest a more practical plan in this regard.

This could be seen in the 9^th presidential election of Islamic Republic of Iran which coincides with the 4^th conference of global forum in Brazil.

3.        Codification of “Improving integrity and fighting corruption plan”        

The government of Islamic republic of Iran ratified a plan titled “improving integrity and fighting corruption plan” in which “improving the public culture and strengthening public controlling” has been introduced as an effective way to implement it. To this end related organizations were required to propose the necessary bills for amending and or enacting new regulations and in order to follow up the ratification procedures, submit them to the Cabinet. Afterward all the organs were required to improve and increase the accountability towards their decisions and actions and rise the public awareness about their activities and make the opportunity for the people to criticize and evaluate them in cooperation with media and Islamic Republic of Iran Broadcasting. Ministry of interior affairs and ministry of culture and Islamic guidance were required to carry out surveys, provide the sufficient facilities, take the appropriate action and make the necessary arrangements, in order to enable and support non-governmental organizations and press in the field of fighting against and prevention from corruption with the observance of related rules and regulations. Moreover responsible organs were required to propose the bill for protection of informants and witnesses, the bill for accountability before people and providing the necessary information for supervisory and inspection agencies and also enact the rules to ensure the freedom of information. Some rules and regulations in this respect include the rules concerning the capital market, amendment of establishing rule of stock exchange organization in favor of prohibition of abusing the information before its dissemination and prohibition against the stock exchanges made by their officials and staff.

4.        Developing the concept of accountability before the public opinion

The great leader of Islamic republic of Iran declared the year of 2004-2005 to be the year of “accountability toward people”. After that all the organs were required to inform the people about their activities. In this respect the media and various forums executed particular programs in which the activities and achievements of responsible organs became the prime subject. That is the reason why the accountability of authorities before public opinion has been conceptualized. The judiciary and government’s efforts to improve the information dissemination about the investigation of financial corruption cases through holding weekly press conferences and speeches made by their spokesmen are the examples.

5.         Utilizing means of communications and internet to improve the public controlling

Moving towards E-government is an effective way to strengthen the public monitoring. To this end not only necessary grounds for delivering electronic services through phone and Internet have been provided in the administrative organs but also the supervisory organs benefit from Hot lines to facilitate the public access and consequently the interaction of people with these organs. To date many hot lines such as phone number 110 for police emergency calls, 197 for exerting public control over the activities of police and 136 for easy access to General Inspection Organization have been operated. Moreover some governmental hot lines and web sites have been devoted to supervisory and inspection units of the related organs in order to facilitate the public controlling over the officials activities.

6.         Establishing Professional Non-Governmental Organization for fighting corruption

Utilizing eligible individuals and professional NGO s for fighting corruption is an effective way to put the public controlling into practice. In this respect the role of individuals including experts, clerics, elite, professors and locally trusted individuals is of a great importance. Moreover involving NGO s in fighting corruption is very effective. At the present time some professional NGO s have been involved in some areas like auditing. General Inspection Organization with a view to encourage public intervention in exerting supervision over the activities governmental organs proposed the amendment of its regulations to the parliament for ratification. Subject to article 11 of the proposed regulation the Organization shall contribute to the establishment of non-governmental organizations and confer the supervisory power to the eligible individuals in scientific, professional and expert fields with certain functions and authority in order to benefit from public participation and expand the supervision.

7.        Other effective measures to improve the public controlling mechanisms

In addition to above-mentioned activities, there are other measures in this regard as following:

·                      Cooperation of organs that are responsible for fighting corruption with universities in order to develop thought through holding various conferences and guiding the students’ theses in mastering and PHD levels.

·                      Rising public awareness about the necessity of fighting corruption, the ways how to make interaction between people and responsible organs and creating the sense of hatred against corruption through broadcasting organization and press

·                      Implementing the initiative for honoring the clients to the  administrative organs with a view to improve the service delivery to the public and carry out survey to measure its effectiveness

·                      Public access to the state audit office subject to principle 55 of the constitution which states that: “The State Audit Office shall examine or audit, in the manner stipulated by law, all accounts of ministries, government companies, institutions and other organization which in any manner whatsoever benefit from the state budget, to ensure that no expenditure exceeds credit allocations and that each sum has been spent for its allotted purpose. The state audit office shall collect accounts and relevant papers and documents according to law and submit each year’s budge liquidation report together with its own comments to the parliament, such report must be made available to the public.”

In conclusion the important issue that can institutionalize the role of fighting corruption, is the creation of sufficient cultural, legal and technological grounds by the government to encourage the elements of civil society to intervene through which interested individuals and groups in creating an effective healthy administrative system, would play a key role in fighting corruption outside the government by their controlling and constructive criticisms.

This is the way that should be taken. Because civil society is itself a victim of corruption and without its cooperation, the success could not be achieved.

Thanks for your attention