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About the Working Paper Series:

This series of working papers is a response to the imperative for targeted expertise in support of constitution building in the wake of the Arab Spring. As one of the primary international institutions supporting constitution building in the Middle East and North Africa region, International IDEA commissioned leading international experts to produce research papers on specific issues of constitutional design that will need to be addressed by states in the region seeking more democratic institutional frameworks. International IDEA, together with Constitutional Transitions, has brought these papers together in this Working Paper Series.

Preventing and Combatting Corruption: Good Governance and Constitutional Law in Tunisia

By Juanita Olaya and Karen Hussmann


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Abstract:

This paper approaches the pervasive problem of political corruption from the perspective of constitutional design, and considers how a constitution can set out principles, rights, institutions and mechanisms that contribute to the prevention and combatting of corruption. Indeed, corruption, massive looting of state resources by the highest authorities, and frustrations stemming from cronyism were important factors in the discontent that sparked the Arab Spring in Tunisia, and later Egypt and Libya. The success of the constitutional transition in Tunisia and throughout the region, then, depends in part on the extent to which the reconstituted democratic state can weed out corruption and prevent future corruption. Consolidating the Arab Spring demands that attention be paid to these questions during the process of constitutional reform itself. The paper takes into consideration the particularities of the Tunisian context and constitutional tradition and uses as the main reference for analysis and recommendations the April 2013 draft of the Tunisian Constitution, and makes recommendations on the basis of this text.


Juanita Olaya

Juanita Olaya is a lawyer with a Ph.D in International Law, and Masters degrees in Economics and Public Administration. She has close to 20 years of work experience both at the national and international levels with various public, private and international organizations, including academic and consulting work across the world. She has led research on issues of international law and corruption, and provided substantive input and leadership to the work of Transparency International in her seven years of engagement with its Secretariat in Berlin. Since 2008 she has provided independent research and expertise in the areas of governance, anti-corruption, development, human rights and business, business integrity, public and international finance, and stakeholder engagement and empowerment. Juanita has published various books, articles, handbooks and contributions on topics of public administration, anti-corruption, good governance and international law.


Karen Hussmann

Karen Hussmann is a public policy expert with 17 years of experience in anti-corruption, accountability and governance work. She is currently working as a consultant and researcher, especially on anti-corruption policy making, integrity reform in fragile states, UNCAC implementation and civil society engagement in governance around the world. She worked as Accountability and Transparency Specialist with UNDP Afghanistan and started her professional career in 1995 with more than nine years at Transparency International in Latin America. She has authored publications for the OECD, the U4, Norad and DFID on issues of integrity reform in State-building, anti-corruption policy making, UNCAC implementation and donor approaches to address corruption among others.

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