Position Paper
Senior Officials Conference on Afghanistan
September 05, 2015
Afghanistan is being burned by conflict and insecurity. Every day, many brave soldiers and children of this country falls; the enemy is no longer around us but rather among us. The people of Afghanistan, however, continue to stand firmly for freedom, justice, co-existence tolerance and fight for them. The people are optimistic about the future and continue to believe in the government and the international community. They seek windows of prosperity through layers of haze. These remote but accessible windows have unbreakable ties with the high morale of our soldiers and the educated youth in this patriotic and human battle.
During the past year, despite many challenges and setbacks in areas such as the fight against corruption, security, good governance, economic growth, delayed formation of the cabinet and continued absence of office holders in key positions such as the Attorney General’s Office, Ministry of Defense and Governors in key provinces, the National Unity Government (NUG) has broken taboos and has taken unprecedented strides in the area of political representation of women in the government. Proposing a woman for membership of the Supreme Court, appointing four women ministers, four women ambassadors, two female provincial governors and seven women in deputy minister positions are major achievements and a promising step.
The refreshed ‘Tokyo Mutual Accountability Framework’ and ‘Afghanistan towards Self-Reliance’, like the previous documents, are comprehensive and appear to be applicable. While the civil society supports the steps, it commits its persistent cooperation with the government and the international community in monitoring and evaluation as they embark their implementation. However, we would like to point out some other serious challenges to draw the attention of the government and the international community towards them so that we will be able to sail this storm-wrecked boat, wherein we all ride, to our agreed set safe destiny.
Security and Anti-corruption
Security is the prerequisite to stability and development while corruption is the enemy of the system and people. In the current situation, insecurity and corruption are the two sides of the same coin. Elimination of corruption requires political will, rule of law, eradication of the culture of impunity and introduction of honest personalities from amongst the young generation. Taking advantage of the opportunity presented by the death of Mullah Omar and to break the Taliban Jihad rhetoric against the people of Afghanistan, requires political will and strategic planning between us and our international partners.
Capital Drain
For the past several years, significant amounts of cash have been transferred through illegal ways including through the airports out of the country on daily and monthly basis as if there is no serious intention to prevent this catastrophe. The government has a responsibility to put an end to this and create a safe and secure environment for investment by the country’s tradesmen.
Human Capital Flight and brain-drain
Due to insecurity, unemployment and lack of educational opportunities brain drain has been causing serious concerns for the Afghan youth. A look at statistics of applications submitted for obtaining passports reveals the depth and gravity of this problem. Families have been facing serious problems with respect to their young children. We are concerned about the spread of depression among the youth as this will pave the way for the enemy to recruit fighters and also give the drug mafia the opportunity to exploit the youth.
Delays in elections and the recurrence of legitimacy crisis
Although the Special Electoral Reforms Commission (SERC) has already begun its work, we are concerned about further delays in holding of the parliamentary and district council elections. Any delays can further discredit the government in the public opinion and will ruin the people’s faith on democracy.
System contrast (Differences within the System)
Cooperation mechanisms between the government and the parliament need to be revised to ensure better working relationships between the two. Further clashes between them at this critical juncture of the country’s history can be very harmful and even irreparable. Disputes between teams within the NUG have also caused numerous problems causing some key and sensitive governmental positions to remain vacant and lead by the acting heads. The people have suffered the harms of such clashes and this has adversely affected the public opinion.
Cooperation between the Government and the Civil Society
Despite the government’s claim of cooperation and communication with civil society, the civil society organizations (CSOs) are yet to receive the required support and direct and prompt access to information from the government. It will suffice if we note that the Refreshed TMAF and ‘Afghanistan Road to Self-Reliance’ were never shared with the CSOs by the government. Moreover, the legal-political relationship between the civil society and the government remains uncertain and full of ambiguity while the civil society organizations and activist are facing the ever increasing threats and potentially serious dangers.
1. Improving security and political stability
The government’s proposals for effective security sector governance, electoral reforms, setting clear times and calendars for the upcoming elections and its financial management can be good initiatives for the future of Afghanistan’s security and political stability. In additions, we propose the followings:
• Afghanistan needs a thorough security strategy for the short term, mid-term and long term to protect the country against the national, regional and global threats. Political will, a coordinated approach, well equipped ANSF and strategic cooperation of the international community can be added value to this strategy.
• The government should provide a clear definition of allies and enemies so that people can trust the government’s position and support security institutions.
• The recent developments invalidate the presence of the High Peace Council. It is proposed that instead of this council a technical-academic body consisting of national and international experts in peace and mediation and the civil society be established to work on Sustainable Solutions for the peace negotiators. This body should be able to put the government at a better and stronger position in peace negotiations.
• The work of Special Electoral Reforms Commission (SERC) should be based on a timetable. The date for parliamentary and district council elections should be determined. A 35% quota for women in district councils should be established. Reforms in the voting system, electoral structures, preparation of voters’ list, identification of electoral constituencies and electronic identity cards are the most important elements for a sound free and fair election.
• The Taliban appeasement policy should stop. Further the current sympathy towards the aggressive enemy both in the battle fronts and in the judicial processes should be banned. The enemy who spares no one including the children and does not have the least respect to the life, religion, honor and property of the people should not receive any clemency as it will act more aggressively and brutally if treated with kindness and mercy.
• The government of Afghanistan must prepare and present complaints about the interference of neighboring and other interfering countries to the international bodies. This approach will help increase the international pressure on the neighboring countries to eradicate the safe havens of terrorists on their soils.
2. Anti –corruption, governance, rule of law and human rights
The government’s decision to seriously fight corruption; develop programs aimed at strengthening of the local governance; robust protection of women and children’s human rights; follow up the implementation of the anti-corruption strategy can be very effective if backed by a strong political will in the government. The Afghan Civil Society proposes that:
• In order to ensure better local governance, it would be helpful if local administrations are delegated with up to 40% of financial and administrative authorities in their respective areas.
• Anti-corruption programs should be developed in consultation with the people to ensure they are more grassroots focused and applicable.
• To prevent corruption, assets of all political officials, members of parliament, members of the Supreme Court, provincial councils, AGO officials, provincial governors, heads of independent institutions etc. should be registered. Following the registration, information provided by the officials should be thoroughly verified for their accuracy and their assets should be monitored consistently.
• To strengthen the financial basis of the government, the taxation and revenue collection systems should be monitored effectively to ensure resources and revenues are not embezzled and wasted.
• Country’s justice system should be re-organized and capacitated. A comprehensive internal mechanism should be put in place to allow for monitoring the performances of the judicial administration particularly of the courts; the mechanism should allow the President to hold those who issue unjust verdicts in the justice institutions into account. This should not undermine independence of the judiciary but rather it should ensure better justice.
• Although the Law on Access to Information has been approved and signed, it is yet to be implemented. Despite serious shortcomings in the law, it should be implemented. The access to information commission needs to be established immediately and it should be independent and have the required authority;
• A hotline should be established within each ministry, independent directorates and units of Local Governance Directorate to address complaints and collect information required by public so that some facilities are provided for the people;
• The Law on Elimination of Violence against Women should be thoroughly implemented and should remain as a separate law. The Family Law should be approved and enforced. A law or regulation on prevention of female harassment in work and education environments needs to be developed and implemented;
• The Law on Prevention of Torture should be approved and implemented and the Government should be obliged to publish and provide information to public concerning its treatment of the injured and victims of war. The Government has to have a supportive approach towards war victims through the Ministry of Martyrs and Disabled and assist families of victims including the martyrs and disabled;
• Investments and planning for economic empowerment of women to improve their status as well as allocation of gender budget should become mandatory within each ministry;
• A High Commission for women’s policy making affairs should be established to improve women’s lives and Ministry of Women’s Affairs should be changed to an executive ministry;
• Programs on prevention of poppy cultivation, production, export and use should be closely developed in cooperation with drug-affected countries;
• Freedom of speech which is the biggest achievement of our two decades of continued efforts and strives, is now partially at risk of limitation. It is a dire need that this achievement is maintained and the political figures must believe in it. All parties, even members of the international community, should endeavor to support and strengthen it. Further, the Government should be obligated to legalize the protection of citizens’ privacy;
• The right to access to information and the right to demonstrations should, once again, be supported and defended through multi-lateral commitments;
• A safe and secure working environment should be provided for the civil society and media with full adherence to the principle of freedom of speech and freedom of opinion;
3. Resoting fiscal sustainability and intergrity of public finance and commercial banking
The government’s plans for fiscal sustainability through increasing revenue, improvement of financial system, seeking better banking approaches, and improving electronic banking are promising. We support the plans and recommend the following:
• Supporting freedom of investment and private investors should be simplified in laws to further encourage investors to invest and increase employment opportunities;
• Transparency and accountability are very important in the taxation system. Currently, people pay more money to government employees as bribes compared to what they pay to the government as taxes;
• National incomes and taxes should be transferred to the center and distributed based on the national budget allocations approved by the Parliament;
• Indicators should be set to determine standards for goods as well as pricing standards to help improve taxation based on goods consumptions; this should be regulated by a nationwide database.
• Quarterly public transparent reporting on tax revenues, extractive industries and customs revenues should be developed and publically shared.
• Conducting a thorough review of contracts for extraction of mineral resources and preventing illegal mining (A more serious and thorough review of Mining Law is required).
• The critical follow up of the Kabul bank to ensure public trust into banking is a must.
4. Reforming development and planning and management; and ensuring citizen’s development rights
Government’s proposals for reforming the development programs and successful implementation of such reforms can help ensure the development rights of all citizens and ensure effectiveness and productivity of such programs. Coordination, evaluation and national prioritization can help implement development programs. In addition, we propose the following:
• Better and more accurate development indicators should be set in consultation with the people to remove the obstacles facing economic growth and development of the country.
• It is required that all development documents and governmental programs from Bonn Conference to the recent ‘Afghanistan Road to Self-reliance’ document be reviewed to identify the problems and challenges facing effective implementation of such instruments. Multiplicity of such documents creates confusion and setback in management system of the country.
• Planning should be made to ensure a balance between urban and rural life through strengthening the agro economy of the country as well as rural industries.
• Creation of new agricultural areas and irrigation of barren lands should be included in the infrastructural development programs of the country;
• Investments on socio-economic rights should be prioritized to build the people’s confidence on the future.
• Eight key documents (Preliminary draft budget, proposed operational budget, implementation budget, citizenship budget, mid-year financial report, annual financial report and financial audit report) should be developed and shared with the media.
• The operational budget should be shared transparently with the parliament every year.
• Presence of the civil society in budgetary discussions should be mandatory and participation of the civil society in developing the operational budget and financial audit report is very essential.
• Warning methods should be established and implemented for banking transparency
5. Private sector development; comprehensive development and growth
The NUG’s program to improve the enabling environment and strengthen the development of private sector is good for effective and comprehensive economic growth. Following are our additional proposal:
• Better investments required simplified laws and regulations.
• Security of assets and security of investments and transfer of goods should be part of the NUG’s security strategy.
• The government’s support and monitoring over the quality of goods and investment in Afghanistan is a necessity.
• Consumers Rights Law can help increase the public oversight on investments and quality of the produced goods.
6. Increase Development Cooperation and Aide Effectiveness
As we are at the outset of the transformation decade, the new era of cooperation between the National Unity Government and International Community is also shaping. This cooperation should be based on mutual understanding, respect, transparency and accountability that benefit both sides. Mutual cooperation and understanding can pave the way for establishment of a stable and prosperous Afghanistan. This partnership should also facilitate regional cooperation for sustainable peace, stability and security, development and trade.
The government’s proposal for enduring partnership, planning and investing on mutual interest, reducing our economic dependency for development, regulating the revenue, and focusing on priorities are supported with following additional recommendations:
• A population census should be conducted and published so that aid assessments and implementation of development projects are evidence-based and need-based.
• The national priority programs should be developed and reviewed in partnership with Afghanistan National Assembly, civil society and other institutions so that the realities and priorities on the ground are reflected in these programs.
• The National Transparency and Accountability Program should manage all aspects of foreign aid effectiveness from the time aid is pledged by donors to the time of obtaining and utilizing of the aid; the program should also monitor the implementations process and its results in regularly reports.
• Although the Afghan government and international community have agreed upon a mutual accountability framework, the civil society should officially be given the role to review, evaluate and monitor the implementation of all national programs. The civil society will continue its role as an implementing apparatus and is committed to ensure the aid is spent for the intended purposes.
• Donors should review and strengthen the coordination mechanism between them and the government of Afghanistan.
• A cooperation mechanism should be established for further monitory by the government and the civil society on donors’ nondiscretionary programs.
• An online database should be established to show the international aid and those projects that have been funded so that the overlapping and duplication of programs are avoided.
