Monitoring Report: Twelfth Sessions of Sixteenth Legislative Period of Wolesi Jirga September 6, 2016 to January 19, 2017

Acknowledgement

Preparation and completion of this six-month parliamentary monitoring report is a remarkable achievement of FEFA’s parliamentary monitoring team toward increasing the level transparency and accountability of parliament. I express my gratitude and appreciations to my colleagues in parliamentary monitoring team and all those who helped us in preparation of this report. Undoubtedly, preparing this report would not have been possible without the cooperation and collaboration of the National Assembly (Wolesi Jirga). Therefore, FEFA express its gratitude and appreciation to Wolesi Jirga and its respected members for their professional behavior with FEFA’s monitors and supporting FEFA inside and outside the National Assembly.

Mohammad Yousuf Rasheed

Executive Director of FEFA

Contents Acknowledgement ...... 2

Introduction ...... 5

Executive Summary (Findings and Recommendations)...... 6

1. Separation of Plenary Sessions ...... 6

2. Role of legislation in parliament ...... 6

3. Supervision Role in Plenary Sessions ...... 7

4. Recommendations ...... 8

Parliamentary Performance of Wolesi Jirga ...... 9

1. Legislation ...... 11

1.1 Introduced Draft-Laws ...... 12

1.2 Rejected draft-laws ...... 13

.1.2Underwork draft-law 13

.1.3International treaties 13

.1.4Rejected treaties 14

2. Oversight the Performance of Government ...... 15

1.2. Hearing Sessions ...... 15

2.2. Questionings Sessions ...... 18

2.3. Interpellation Sessions ...... 21

3. Representing people ...... 22

3. Issues discussed in privilege time ...... 22 3

3.4 Reviewing complaints and handling public problems ...... 23

4. Committees ...... 23

5. Violation of the Internal Rules of Procedure ...... 24

Introduction

FEFA started its parliamentary monitoring program on January 2012. FEFA took the parliamentary monitoring initiative for the first time in the history of Afghanistan which had three objectives: 1-Making sure laws are made transparently and parliament oversee the performance of government well, 2- Increasing public awareness from activities of parliament and strengthening relationship between parliament and civil society. FEFA monitors the sessions of Wolesi Jirga based on the universal declaration on Open Parliament and the enforced laws of Afghanistan to inform citizens from the activities of parliament and make sure the legislation process take place transparently based on the national interest of the country.

This six-month monitoring report include the activities of Wolesi Jirga from beginning of the 12th legislative sessions of sixteenth legislative period until its end (September 6, 2016 to January 19, 2017). This report include FEFA’s findings from the plenary and committee sessions (The committees monitored by FEFA) of Wolesi Jirga. This report briefly point out the activities of Wolesi Jirga including legislation, overseeing the performance of government and representing people. This report covers the cases of violation of internal rules of procedure of Wolesi Jirga Jirga in plenary and committee sessions as well.

Executive Summary (Findings and Recommendations)

1. Separation of Plenary Sessions

Wolesi Jirga totally held 52 sessions including انواع جلسات عمومی در اجالس یازدهم سال ششم 1 extraordinary session, 3 secrete sessions, 9 questioning sessions, 11 hearing sessions, 5 جلسات عادی 2% 2%2% interpellation sessions and 23 regular 7% جلسات استجوابی sessions in 12th sessions of sixth legislative 21% جلسات استماعی .years جلسات استیضاحی 66%

جلسات افتتاحیه جلسات فوق العاده

2. Role of legislation in parliament

Legislation is a main legal duty of Wolesi Jirga of the National Assembly of Afghanistan. Totally, 15 draft-laws and 21 international treaties were sent to Wolesi Jirga for approval in the 12th sessions of the 6th legislative year. Among these documents 1 legislative decree and 1 international treaty were rejected by the house and the rest of drafts and international treaties were approved.

Wolesi Jirga received draft-laws from government to approve them. The draft-laws initiated by the government must pass several stages and get confirmed from the relevant body, ministers’ council, Ministry of Justice, Wolesi Jirga, Meshrano Jirga and the president to become a law but legislative decrees issue by the president is a written instructions of the president which get publish in official gazette without passing those stages. Likewise, According to article 97 of the constitution, 10 members of each house of the National Assembly can recommend proposal for approval. Totally, 67% of the draft-laws were initiated and introduced by the government to Wolesi Jirga. مراجع فرستنده قوانین

20% از جانب حکومت

فرمان تفنینی 13% طرح پیشنهادی اعضای ولسی جرگه 67%

3. Supervision Role in Plenary Sessions

Based on article 127 of the Constitution, Wolesi Jirga oversee the performance of government. Wolesi Jirga oversee the performance of government through questioning, hearing and interpellation sessions. In twelfth sessions of sixth legislative year, Wolesi Jirga held 9 hearing sessions. Different issues including insecurity, Brussels Conference on Afghanistan, vacant positions in ministries, the situation of narcotic addicts, increment of price of petroleum, publicity against government and pollution were discussed in these sessions. 28% of the respective state officials who were summoned to present information in these sessions, managed to satisfy members of Wolesi Jirga through presenting logical reasons. However, 27% of them were unable to satisfy members of the house. It is worth mentioning that 18% of these sessions were announced secret.

The respective officials could satisfy 54% of MPs in these نتایج نشست های استجوابیه اجالس دازدهم sessions. Those officials who couldn’t satisfy MPs were invited to the second hearing session of interpellation. The state officials قناعت حاصل شد who were unable to satisfy 27% 28% قناعت حاصل نشد members of the house were summoned to another جلسه سری شد questioning session or were مسوولین حاضر نگردیدند .impeached 18% 27%

Through hearing sessions the government officials present their working reports to MPs and if the MPs are not satisfied with the replies or performance of government officials, they can summon them to questioning or interpellation sessions. Likewise, Wolesi Jirga held 11 hearing sessions

including 3 sessions to hear the provincial reports and 1 session to hear from the Minister of Finance about Brussels Conference on Afghanistan.

Based on article 91 of the Constitution, Wolesi Jirga can make decision to impeach every minister. Similarly, based on article 99th of the Internal Rules of Procedure of Wolesi Jirga upon a proposal of twenty percent of its Members, the House may decide that an inquiry on a Minister be initiated. Wolesi Jirga held 5 interpellation session in twelfth sessions of sixth legislative year and summoned 16 ministers due to their inability in spending more than 70% of their ministerial budget. 9 of the summoned ministers managed to satisfy members of Wolesi Jirga and remain in office but 7 others were unable to satisfy member of the house therefore they were disqualified by the house.

4. Recommendations

1- Considering the efficient and important role of the National Assembly in the structure of state, its main duties are legislation and oversight the performance of government. So, Wolesi Jirga must develop clear mechanisms on overseeing the performance of government and track the performance of government executive officials accordingly.

2- FEFA’s monitoring findings indicate that MPs discuss very important national issues in privilege time but these issues are not followed up then. FEFA recommend the administrative of board of Wolesi Jirga to follow up the issues mention by senators in privilege time and take practical steps to solve the problems/challenges mention by senators during the privilege time.

3- Based on the constitution, Wolesi Jirga oversight the implementation of government’s program. Therefore, Wolesi Jirga is recommended to study about the infrastructures of Afghanistan which are divided into 8 sectors and then propose proposals for their development.

4- FEFA’s monitoring findings indicate that the internal rules of procedure of Wolesi Jirga has been violated many times by MPs. If Wolesi Jirga does not take any action to prevent violation of the internal rules of Wolesi Jirga. FEFA convince Wolesi Jirga to make serious efforts to prevent violation of the internal rules of procedure.

5- Articles 90 and 91 of the Afghan constitution has delegated specified and clear authorities to the National Assembly of Afghanistan. The National Assembly of Afghanistan must use its legal authorities for development and prosperity of Afghanistan. In case, the National Assembly note any improper or weak performance of government, it must make resolute decision in this regard.

6- The principle of representing people obligate MPs to have contact with their constituents/citizens. As seen, all MPs have public relation offices in Kabul and meet people in their offices or houses. However, MPs who represent provinces in Wolesi Jirga do not have regional public relation offices in their provinces. Therefore, the National Assembly is

recommended to obligate MPs open their regional public relation offices at their provinces to keep contact with their constituents.

7- FEFA’s monitoring findings indicate that some MPs go abroad to unofficial trips during parliaments’ summer and winter recess and don’t have time for handling their constituents’ problems. Wolesi Jirga must amend its internal rules of procedure in a way to force MPs go their provinces during summer and winter recesses and handle their constituents and province’s problems. FEFA appreciate the MPs who go to their provinces during parliament’s summer and winter recesses and handle their constituents/province problems.

8- Parliament TV covers only plenary sessions of Wolesi Jirga. FEFA recommend the parliament TV to cover the committee sessions as well.

9- Based on internal rules of procedure, the plenary sessions must review the draft laws within 30 days and committees within 20 days. The committees are recommended to set their agendas in a way to review the draft laws within the period mentioned in the internal rules of procedure.

10- The social support draft-law hasn’t been signed by the president yet. However, the constitution state that in case the President does not agree to what the National Assembly approves, he can send the document back with justifiable reasons to the Wolesi Jirga within fifteen days of its submission and if he doesn’t do so within the mentioned period the document is considered endorsed. However, the destiny of the social support draft-law is not clear. FEFA convince the National Assembly of Afghanistan to take the necessary measures for endorsement of the documents after the mentioned period.

11- The administrative board of Wolesi Jirga is responsible to release the list of absent MPs in plenary sessions and make decision about long-term or permanent absent MPs. FEFA recommend the house to make decision about absent MPs based on articles 121 and 73 of the internal rules of procedure of Wolesi Jirga. Based on the internal rules of procedure, list of absent MPs is released through parliament website and their monthly salary is deducted.

Parliamentary Performance of Wolesi Jirga

The National Assembly is very important in democratic systems. Based on article 81 of the Constitution, the National Assembly of the Islamic Republic of Afghanistan as the highest legislative organ is the manifestation of the well of its people and represents the whole nation. Given this article, parliament has the duty of legislation, representing people, overseeing performance of government and discussing important matters. Wolesi Jirga held 52 plenary sessions including inauguration session, hearing sessions, questioning sessions, extraordinary sessions, joint session and regular sessions in 12th sessions. The council of chairs set the agenda of plenary sessions of Wolesi Jirga.

Month Number Regular Questi Hearing Inaugurati Secret Hearing Extraordi of session oning sessions on sessions sessions nary sessions نصاب sessions جلسات عمومی ولسی Sessionجرگه plenary s sessions s 250 August 3 0 0 0 0 1 2 0 200 2016 September 11 5 3 0 0 2 0 1 150 2016 100 October 14 7 1 5 0 0 1 0 2016 50 November 12 5 5 0 0 0 2 0

0 2016

4 1 6 8

1 5 8

3 5 6 7

1 3 6 8

10 12 14 19 24 26 27 10 12 17 19 22 23 24 25 26 29

17 27 31

10 13 15 17 20 24 27 29

15 18 22 25 29

December 12 6 0 0 0 0 6 13 0

جدی جدی جدی جدی

قوس قوس قوس قوس

جدی

میزان میزان میزان میزان

جدی

عقرب عقرب عقرب

جدی جدی جدی جدی جدی جدی

قوس قوس قوس قوس قوس قوس قوس

قوس

سنبله سنبله

2016 سنبله

میزان

میزان میزان میزان میزان میزان میزان میزان

عقرب عقرب عقرب عقرب عقرب عقرب عقرب عقرب عقرب عقرب Total 52 23 9 5 0 3 11 1 غیر حاضر حاضر Based on articles 119 and 123 of internal rules of procedure of Wolesi Jirga, members of Wolesi Jirga are obliged to regularly attend the sessions and represent their constituents. In case, the members make absentee in plenary sessions, their salary must be deducted. The monitoring findings indicate that the percentage of MPs presence in sessions was 54 with 46% absentee.

The graph below indicate the percentage of quorum in plenary sessions over the past six months

اوسط حاضری اجالس دوازدهم )جلسات عمومی(

46% غیر حاضر حاضر 54%

FEFA’s monitoring findings from the 12th sessions of sixth legislative year show that the quorum was different in questioning, hearing, interpellation and regular sessions which indicate the value of these sessions to MPs.

1. Legislation

Legislation is a legal and one of the three main duties of Wolesi Jirga of National Assembly of Afghanistan. MPs are assigned to make laws based on need of people and society. Every country has its own method of legislation. Similarly, legislation is very different in Afghanistan.

The Afghan Constitution states that every member of the National Assembly takes into judgment the general welfare and supreme interests of all people of Afghanistan at the time of casting their vote. Given the provision of Constitution, legislation is considered the main duty of parliament. MPs make and discuss the laws based on national interest. Wolesi Jirga managed to approve many important draft-laws within this legislative period.

Approval of draft-laws and oversight the performance of government were two positive developments made the house within this 12th sessions. Wolesi Jirga managed to chase budget expenditure by ministries well and impeach the ministers who were unable to spend more than 70% their ministerial budget in 1395 (solar year) fiscal year. Likewise, from 36 introduced draft- laws and treaties, the house approved 34 of them and only rejected one draft-law and one treaty.

نصاب در جلسات عمومی استماعیه

نصاب در جلسات عمومی استجوابیه نصاب در جلسات عمومی استیضاحیه

حاضر 37 15 حاضر غیر حاضر 63 %40 حاضر غیر حاضر %60 غیر حاضر 85 نصاب در جلسات عمومی عادی

حاضر 48 غیر حاضر 52

1.1 Introduced Draft-Laws

All three branches of state can draft laws but there are specified condition on drafting law for every branch. According to article 97 of Constitution1, government can present the draft-law to parliament. Likewise, first paragraph of article 77th of internal rule of procedure of Wolesi Jirga states that The Government may introduce a bill, on its own behalf signed by the Minister concerned or, in the area of matters concerning the judiciary, on behalf of the Supreme Court signed by the Minister of Justice. The Representative of the State for Parliamentary Affairs shall submit a statement to the House of People explaining the reason for its introduction. Similarly, based on article 95 of Constitution, the Supreme Court can also draft laws on judicial affairs and send to National Assembly through government.

Totally 36 legislative documents including legislative decrees, international treaties and draft-laws were submitted to Wolesi Jirga for approval within this sessions.

1.2. Introduced Draft-Laws

Based on article 97th of the constitution, Proposals for promulgation of law initiated by the government are submitted first to the Wolesi Jirga. Wolesi Jirga has the authority to approve, reject or amend the proposal.

Below is the list of draft-laws approved by Wolesi Jirga within this legislative sessions

No# Document name Date

1 The proposal on amendment of the law on value added tax 10/19/2016 2 The proposal in amendment of the law on income tax 10/19/2016 3 The proposal on principle of commercial courts 10/29/2016 4 The draft-law on protecting domestic industries 10/29/2016 5 2015 Qatia report 10/11/2016 6 The proposal on amendment of the internal rules of procedure of Wolesi 10/11/2016 Jirga 7 The draft-law on banning women and children harassment 10/11/2016 8 The law on supporting the rights of inventor and researcher 11/20/2016 9 The law on documentation 11/15/2016 10 The draft-law on supporting the informers of corruption and other crimes 1/1/2016 11 MPs proposal on usage of the term martyr for the security soldiers 17/1/2016 12 The law on supporting the competition 1/15/2016

1 Proposals for promulgation of law initiated by the government are submitted first to the Wolesi Jirga. 12

13 National budget for the 1396 (solar year) fiscal year 1/17/2016

1.2 Rejected draft-laws

During the 12th sessions, the presidential decree number 104 about the suspension of some articles of the law on investment was rejected by the house. The reason of its rejection was lack of authority of Wolesi Jirga in suspending laws. Based on the Constitution, Wolesi Jirga can make, approve, reject or amend the laws but it can’t suspend any law.

No# Name Rejection date 1 Presidential decree number 104 about suspension of some articles of 1/8/2016 the law on private investment

1.2. Underwork draft-law

The draft-law on anti-narcotics was included in the agenda of the house recently but due to disagreement about some of its articles it was referred again to the standing committee (The committee on Health & Anti-Narcotics) to amend the controversial articles of this draft-law.

No# Name 1 The draft-law on Anti-Narcotics

1.3. International treaties

Treaty is an international agreement which is signed between countries or international organizations. Within the 12th sessions, Wolesi Jirga approved the following treaties:

No# Treaties Date

1 Madrid protocol on registration of international symbols 9/26/2016 2 Agreement on statute of Veterinary Committee of ECCO Organization 10/15/2016 3 Statute of SAARC agreement on energy 10/15/2016 4 Tripartite transit agreement between Afghanistan, Turkmenistan and 10/17/2016 Pakistan 13

5 Paris Convention 10/29/2016 6 Singapore treaty 10/29/2016 7 Chabahar transit agreement (Afghanistan, India and Iran) 10/31/2016 8 Treaty between Afghanistan and Croatia 10/31/2016 9 Agreement on commercial facilities 11/7/2016 10 Mena Mata convention 11/7/2016 11 Cooperation treaty between Ministry of Foreign Affairs of Afghanistan 11/19/2016 and Tajikistan 12 Morocco treaty on paving the ground for access of blind people to 11/21/2016 printings literatures 13 Paris agreement on climate change 12/14/2016 14 Agreement on establishment of political agency of Afghanistan in 12/14/2016 Greece 15 Agreement between Afghanistan and Italy 1/2/2017 16 Agreement on purchase of electricity from Turkmenistan 1/14/2017 17 Agreement on extradition of criminals between Afghanistan and 1/11/2017 Tajikistan 18 Agreement on extradition of criminals between Afghanistan and 1/14/2017 Tajikistan 19 16/1/2017

Statute of Islamic Council of civil aviation 20 Agreement on immunity and privilege cooperation of Islamic countries 16/1/2017 1.4. Rejected treaties

Wolesi Jirga rejected the cooperation treaty between the government of Afghanistan and government of Sweden regarding deportation of Afghanistan asylum seekers from Sweden stating that the agreement is against all international conventions on refugees and asylum seekers. Abdul Qayum Sajjadi a member of the Committee on International Affairs of Wolesi Jirga stated that an article of the agreement state that the government of Afghanistan obligated to pave the ground for accepting the deported asylum seekers from Sweden. He added that usage of the term “obligation” is against voluntary repatriation of asylum seekers/refugees. Therefore, Wolesi Jirga rejected this agreement. No# International Treaty Rejection date 1 Cooperation treaty between the government of Afghanistan and 11/30/2016 government of Sweden on refugees repatriation

2. Oversight the Performance of Government

Based on article 127 of the Constitution, Wolesi Jirga oversee the performance of government. Wolesi Jirga oversight the performance of government through questioning, hearing or impeachment of government officials. Wolesi Jirga give vote of confidence to members of cabinet, members of Supreme Court, Attorney General, chairperson of Afghanistan Central Bank and member of the Independent Commission on Overseeing the Implementation of Constitution. The ones who receive vote of confidence from Wolesi Jirga are accountable to members of Wolesi Jirga.

1.2. Hearing Sessions

According to internal rules of procedure of Wolesi Jirga, activity reports are presented in hearing sessions. The respective officials have to report their challenges and problems to members of Wolesi Jirga. Respective officials only present their working reports in these sessions and in case MPs are not satisfied with the reports, then the officials are questioned or impeached. Wolesi Jirga held 11 hearing sessions within this legislative period. Below is the tables of these sessions.

No# Official Entity Subject of Hearing Date

1 MPs Wolesi Jirga Provincial reports 9/17/2016 2 MPs Wolesi Jirga Provincial reports 9/31/2016 3 Eklil Hakimi, Ministry of Finance About Brussels 10/22/2016 Minister of Finance Conference 4 Members of the The Committee on About super-scale 12/5/2016 Committee on Judicial & Justice salaries and privileges Judicial & Justice 5 Abdullah Habibi, ministry of Defense, About their performances 12/19/2016 Minister of Defense acting ministry of border, ministry of Ghafoor Lewal, Interior Affairs, and Deputy Minister of ministry of Borders Refugees

Mohammad Hamid Tahmasi, Deputy Minister of Interior Affairs

Sayed Hussain Alemi Balkhi, Minister of Refugees

6 ,Sayed Mansoor Ministry of Urban About their working 12/10/2016 Naderi, Minister of Development, achievements and their Urban Development Ministry Water & future working plans Energy, Ministry Ali Ahmad Osmani, and Ministry of Minister of Water % Justice Energy

Ahmad Wali Sherzai, Deputy Minister of Public Welfare

Sayed Mohammad Hashemi, Deputy Minister of Justice

7 Eklil Hakimi, Ministry of Finance, About their performance 12/24/2016 Minister of Finance Ministry of and future plans Commerce, Abdul Sattar Murad, Ministry of Foreign Minister of Affairs and Ministry Economy of Labor

Hamayoun Rasa, Minister of Commerce

Ahmad Shah Salehi, Deputy Minister of Labor 8 Faiz Mohammad Ministry of Hadj, About their performance 12/26/2016 Osmani, Minister of Ministry of Rural and future plans Hadj Rehabilitation, Ministry of Women Nasir Ahmad Affairs, Ministry of Durrani, Minister Higher Education, Rural Rehabilitation Ministry of Information & 16

Delbar Nazari, Culture, and Minister of Women Ministry of Affairs Education

Pari Seddiqi, deputy minister of Higher Education

Sayed Kamal, Acting Minister of Information & Culture

Asadullah Mohaqeq, Deputy Minister of Education 9 Salamat Azimi, Ministry of Anti- About their performance 12/18/2016 Minister of Anti- Narcotics, Ministry and future plans Narcotics of Telecommunication, Wahab Saddat, Ministry of Justice, Deputy Minister of Ministry of Public Telecommunication Health, Ministry of Agriculture Mr. Hashemi, Deputy Minister of Justice

Najia Tareq, deputy minister of Public Health

Mir Amanuddin Haidari, deputy minister of agriculture 10 Mir Ahmad Jawid Ministry of Mines About their performance 12/31/2016 Saddat, Deputy and future plans Minister of Mines 11 MPs Wolesi Jirga Presenting report about 1/8/2016 performance of Wolesi Jirga

2.2. Questionings Sessions

According to internal rules of procedure of the house, questioning sessions are the sessions where questions are orally or in written asked for the respective officials. According to article 93 of Constitution, Any commission of both Houses of the National Assembly can question each of the Ministers about specific topics. Article 77th of Afghan Constitution state that The Ministers are responsible to the President and the Wolesi Jirga for their particular duties. Oversight the performance of government begin with notification and then reach to interpellation. First, MPs notify the government officials, secondly, they summon the officials to hearing sessions.

Wolesi Jirga held 9 questioning sessions within this legislative period. Below is the list of these sessions.

No# Questioned Entity Reason Date Result person

1 Members of the The The 9/24/2016 The commission Independent Independent Commission cited articles 91, Commission on Commission on has allowed 93 and 103 of the Overseeing the Overseeing the the president constitution and Implementation Implementation to issue a said that Wolesi of Constitution of Constitution presidential Jirga has not the decree on authority of electoral summoning affairs members of the Independent Commission on Overseeing the Implementation of Constitution

2 Salahuddin Ministry of Brussels 9/28/2016 Members of the Rabbani, Minister Foreign Affairs Conference house satisfied of Foreign Affairs and ministry of and Situation after hearing the Refugees of refugees minister’s Sayed Hussain remarks Alemi Balkhi, Minister of Refugees

3 Nasrin Oriakhil, Ministry of Vacant 10/1/2016 The remarks of Minister of Labor Labor, Ministry positions in summoned & social Affairs of Education, the ministries officials satisfied Ministry of members of the Sayed Public Health, house Hamidullah, the Acting Minister Independent of Education Civil Services Commission Ahmad Jan Naeem, Deputy Minister of Public Health

Ahmad Masoud Tokhi, director of civil services 4 - ministry of Drug addicts 10/3/2016 The ministers Anti-Narcotics, didn’t attend this Salamat Azimi, ministry of meeting and Minister of Anti- Public Health instead sent their Narcotic and Ministry of deputies but the Interior Affairs house didn’t Ferozuddin receive them and Feroz, Minister of decided to Public Health summon the ministers in next Baz Mohammad session. Ahmadi, deputy Minister of Interior Affairs on Anti-Narcotics Affairs

5 Mohammad ministry of High price of 11/26/2016 He wasn’t able to Qurban Haqjo, Commerce & petroleum satisfy members Deputy Minister Industries of the house then of Commerce the house decided to summon minister in its next session

6 Emergency Public 11/28/2016 The house urged Committee problems in him to share all Wais Barmak, cold his plans with state minister in members of the Natural Disasters house Affairs

7 Faiz Mohammad ministry of Negative 12/3/2016 The remarks Osmani, Minister Hadj & publicities deliver by the of Hadj & Religious against officials satisfied Religious Affairs Affairs, government members of the Minister of and the house Higher method of Education, teaching Bari Sediqqi, Minister of Islamic Deputy Minister Information & subjects in of Higher Culture schools and Education universities

Sayed Kamal, Acting Minister of Information & Culture 8 Hamayoun Rasa, ministry of Air pollution 11/27/2016 The summoned Minister of Commerce & and garbage in officials didn’t Commerce Industries, Kabul appear in the Natural session and Environment instead sent their Committee, deputies but Shazada Masoud, Kabul members of the director of the Municipality house didn’t allow Natural them to speak and Environment decide to summon Committee the mentioned officials in their next session

Abdullah Habibzai, Kabul acting mayor

9 Hamayoun Rasa, ministry of Air pollution 12/7/2016 The remarks Minister of Commerce & and garbage deliver by the Commerce Industries, problems in officials couldn’t Natural Kabul satisfy members Environment of the house Committee, Shazada Masoud, Kabul director of the Municipality Natural Environment Committee

Abdullah Habibzai, Kabul acting mayor

2.3. Interpellation Sessions

Based on article 91st of the Constitution, Wolesi Jirga can impeach each of the Ministers.2 Likewise, according to article 92nd of the Constitution, Wolesi Jirga, based on a proposal by one -tenth of all members, can impeach each of the Ministers. If the responses given are not satisfactory, Wolesi Jirga shall consider the issue of vote of no confidence. According to article 99th of the internal rules of procedure, based on proposal of 50 MPs the house can impeach each of the ministers. The proposal of interpellation is presented to speaker of the house and included in agenda by council of chairs. Wolesi Jirga held 5 interpellation sessions within this legislative sessions and summoned the cabinet ministers due to their inability in spending more than 70% of their ministerial budget. The chart below indicate the details of these sessions:

No# Name Ministry Date Quorum Vote of Vote of no Blank Invalid Result confidence confidence vote vote 1 Nasrin Oryakhil Labor & Social 11/12/2016 207 56 144 5 2 Disqualified Affairs 2 Salahuddin Foreign Affairs 11/12/2016 207 58 140 6 3 Disqualified Rabbani 3 Mahmood Baligh Public Welfare 11/12/2016 207 33 164 6 2 Disqualified 4 Eklil Hakimi Finance 11/13/2016 204 85 112 5 3 Not disqualified

2 Deciding on interpellation of each of the ministers in accordance with the provisions of article 92 of this constitution. 21

5 Mohammadullah Transportation 11/13/2016 204 51 142 6 5 Disqualified Batach 6 Asadullah Balkhi Education 11/13/2016 204 68 131 3 2 Disqualified 7 Farida Momand Higher Education 11/14/2016 202 62 131 3 4 Disqualified 8 Ab. Basir Anwar Justice 11/14/2016 202 95 101 1 4 Not disqualified 9 S.Sahadat Naderi Urban Development 11/14/2016 202 135 59 2 5 Not disqualified 10 Asadullah Zamir Agriculture 11/15/2016 201 131 62 4 4 Not disqualified 11 Ab. Razaq Telecommunication 11/15/2016 201 49 147 2 2 Disqualified Wahedi 12 Ali Ah Osmani Water & Energy 11/15/2016 201 115 60 3 23 Not disqualified 13 Salamat Azimi Anti-Narcotics 11/15/2016 201 71 114 6 9 Not disqualified

14 Ferozuddin Feroz Public Health 11/16/2016 201 170 28 2 1 Not disqualified 15 Abdul Sattar Economy 11/15/2016 201 114 81 4 2 Not Murad disqualified 16 Sayed Hussain Refugees 11/15/2016 201 105 90 3 3 Not Alemi disqualified

3. Representing people

3. Issues discussed in privilege time

According to article 97th of the internal rules of procedure of Wolesi Jirga, the first one hour of session before starting the agenda is privileged time and every member of the house can talk about their plans, views, and important issues. The issues they raise are then referred to the standing committees of Wolesi Jirga for handling/review or follow up. Based on FEFA’s monitoring findings, the MPs have raised 302 issues, incidents, problems and political, economic, social and cultural issues and presented their solutions. The chart below indicate average of MPs discussion in privileged time.

58% of MPs focus was on representing people and oversight the performance of government. However, 40% of them focused on representing people and 2% on legislation.

3.4 Reviewing complaints and handling public problems

Chapter 21st of the internal rules of procedure of Wolesi Jirga is allocated to people’s complaints and petitions. According to article 112th of internal rules of procedure, the Committee on Complaints and Petitions of Wolesi Jirga refer the complaints and petitions to the relevant institutions within the framework of enforced laws of the country. Likewise, according to article 113th of the internal rules of procedure, the complaints are directly referred to relevant ministries and administrations.

FEFA has monitored 12 sessions of the Committee on Complaints and Petitions of Wolesi Jirga within this legislative period. Within these 12 sessions, 27 complaints were reviewed and majority of them were referred to the relevant institutions for handling.

تمرکز بحث های آزاد در اجالس دوازدهم ولسی جرگه

قانون گذاری 40% نظارت بر عملکرد حکومت نمایندگی از مردم 58%

4. Committees

The standing committees of Wolesi Jirga act as powerful arms of this body and execute a lot of tasks. The committees hold sessions on different issues. The committees hold regular, questioning, hearing, extraordinary, joint, and mixed and consultative sessions. The committees also meet people, foreign officials and visit government and non-government organizations in Kabul and 23

provides. The committees of Wolesi Jirga handled people’s complaints and appreciated government officials within the past several months. FEFA monitors the activities of 5 committees of Wolesi Jirga. These committees are: The Committee on Human Rights and Women Affairs, The Committee on Telecommunication and Transportation, The Committee on Urban Development, The Committee on Water, Electricity and Municipalities Affairs, The Committee on Health, Anti-Narcotics, The Committee on Central Audit and the Committee on Complaints and Petitions.

The committees monitored by FEFA held 77 sessions in 12th sessions of 16th legislative period. The below table indicate the number of sessions held by the committees:

No# Committee Number of sessions

1 The Committee on Human Rights and Women Affairs 15

2 The Committee on Transportation and Telecommunication 17

3 The Committee on Health and Anti-Narcotics 15

4 The Committee on Central Audit 18

5 The Committee on Complaints and Petitions 12

Total 77

5. Violation of the Internal Rules of Procedure

In contradiction to article 48th of the internal rules of procedure of Wolesi Jirga, the MPs have violated some rules during the plenary and committee sessions. The violated rules are shown in the charts below:

سکوت را حفظ نکردند نقض اصول وظایف داخلی آجندای جلسه آینده اعالن نشد

2% 2% از کرسی مشخص خویش استفاده و از پیشروی شخص صحبت ... 5% 6% 25% عضو صحبت کننده بیشتر از سه دقیقه بحث کرد 6%

بدون کسب اجازه رئیس صحبت کردند 13%

هنگام بحث کردن از موضوع آجندا خارج شدند 21%

عدم کنترول جلسه توسط رئیس مجلس 20%

از کلمات آشوبگرانه و افترا آمیز استفاده کردند

عضو مجلس به بهانه اعتراض نظریات خویش را بیان کرد