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Monitoring Report: Ninth Session of Sixteenth Legislative Period of Wolesi Jirga March 7, 2015-Jully 22, 2015

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Monitoring Report: Ninth Session of Sixteenth Legislative Period of Wolesi Jirga March 7, 2015-Jully 22, 2015 Monitoring Report: Ninth Session of Sixteenth Legislative Period of Wolesi Jirga March 7, 2015-Jully 22, 2015 i This Page Intentionally Left Blank ii Foreword Given the Afghan constitution, parliament is one of the three substantive branches of power. This elective body is responsible for legislation, overseeing the performance of government and representing people. Hearing and handling public problems is a major part of Wolesi Jirga’s duties. Parliament is the manifest of People and its members are elected through a general election. Parliament oversight the performance of government on behave of citizens and make laws in favor of people. Similarly, people is responsible to monitor the performance of their representatives in Wolesi Jirga and help them perform their duties better. FEFA monitors the work of parliament for the purpose of informing citizens and promoting the level of cooperation between parliament and civil society. The Free & Fair Election Forum of Afghanistan (FEFA) monitor the work of parliament based on Universal Declaration on Open Parliament and Afghanistan enforced laws. Likewise, FEFA has signed a bilateral memorandum of understanding (MoU) with Wolesi Jirga on its parliamentary monitoring program to legally monitor the work of Wolesi Jirga. FEFA analyses its parliamentary monitoring findings and publish them through its website and social media. FEFA has good relationship with parliament and encourage this body perform its duties transparently. Doubtless, public opinion can strengthen the accountability and transparency of parliament. Therefore, FEFA is ready to transfer public opinion to parliament and strengthen the relationship among MPs and their constituents. FEFA monitors the performance of MPs including their role in legislation, representing people and overseeing the performance of government. FEFA’s analyst team present technical recommendations to Wolesi Jirga to overcome the problems and shortcomings this body face. This report reflexes the activities of Wolesi Jirga over the ninth session of fifth legislative year. It is worth mentioning that FEFA has recently signed a MoU with Meshrano-Jirga on monitoring the performance of Meshrano-Jirga. From now on, FEFA will regularly publish the monitoring reports of Meshrano-Jirga too. Hope the MPs consider the recommendations made in this report and strengthen their activities and accountabilities to their constituents. Dearly Mohammad Yousuf Rasheed Executive Director of FEFA iii Acknowledgements FEFA monitor the work of parliament for the purpose of providing accurate information on all parliamentary proceedings, increase cooperation between parliament and civil society and help in establishment of a peaceful, democratic and well-governed society where all citizens have equal rights and opportunities for participation and monitoring the work of elective bodies. A professional parliamentary monitoring team run FEFA’ parliamentary monitoring program. Here, I would like to thank every member of FEFA’s parliamentary monitoring team for their hard work and tireless efforts. A debt gratitude is also owed to the respected representatives of people in parliament who regularly support FEFA’s parliamentary monitoring program. Likewise, FEFA thank the officials of secretariat of both houses of parliament for their cooperation and assistance to FEFA monitors. iv Table of Contents Foreword.............................................................................................................................................................. iii Acknowledgements ............................................................................................................................................. iv Introduction .......................................................................................................................................................... 1 1. Activities of Wolesi Jirga ................................................................................................................................... 2 1.1. Plenary Sessions ........................................................................................................................................ 3 1.2.Committee Sessions ................................................................................................................................... 4 1.3. Extraordinary Sessions .............................................................................................................................. 4 1.4. Secret Sessions .......................................................................................................................................... 5 1.5. Joint Sessions ............................................................................................................................................. 5 1.5.1. The Joint Committee of Handling the Complaints of Participants of University Entrance Exam ...... 6 1.6. Assessment of Plenary Sessions of Wolesi Jirga ........................................................................................ 7 2. Commencement of sixteenth Period of Wolesi Jirga: Inauguration of Wolesi Jirga by Mohammad Ashraf Ghani, President of Afghanistan ........................................................................................................................... 8 3. Legislation ......................................................................................................................................................... 9 3.1. The Introduced Draft-Laws ....................................................................................................................... 9 3.2. The Under Work Draft-Laws ................................................................................................................... 11 3.2.1. Amending the Law on the Organization, Duties and Authorities of Electoral Commissions ........... 11 3.2.2. The Proposal on naming Pen-Day .................................................................................................... 12 3.2.3 The Proposal on Amendment of the Law on Setting the Salaries of Government Officials ............. 13 3.2.4. The Law on Water............................................................................................................................ 13 3.2.5. The Draft-Law on Banking ............................................................................................................... 14 3.2.6. Law on the Organization, Duties and Authorities of Judicial Power ............................................... 14 3.3. The Approved Laws ................................................................................................................................. 15 3.3.1. Approval of the legislative decree on establishment of office of chief executive and secretariat of ministers’ council as two independent budgetary unites. ........................................................................ 15 3.3.2. Approval of the draft-law on immigration and residency of foreign citizens in Afghanistan ......... 16 3.3.3. Approval of the draft-law on taxing affairs ...................................................................................... 16 3.3.4. Approval of the draft-law on Quarantine and Protection of Planets .............................................. 17 3.3.5 The Draft-Law on Social Support ...................................................................................................... 18 3.3.6. Reviewing the Drat-Law on Supervision of Ministries and other government institutions: ........... 18 3.3.7. Approval of the recommended amendments on second article of the Law on Health .................. 19 3.3.8. Approval of the second paragraph of article 20 of the law on Tobacco ......................................... 19 3.4. The Rejected Laws ................................................................................................................................... 20 3.4.1. The Law on Procurement and the Law on Higher Education .......................................................... 20 3.4.2. The Draft-Law on Money Laundering and Proceeds of Crime ......................................................... 21 3.5. Ratification of International Treaties ..................................................................................................... 22 3.5.1. MoU on exchange of intelligence information among Afghanistan and intelligence service of Pakistan ...................................................................................................................................................... 23 3.5.2. Agreement on security cooperation and treaty on transition of convicts among Afghanistan and UAE ......................................................................................................................................................... 23 3.5.3. Strategic Partnership Agreement between Islamic Republic of Afghanistan and Republic of Turkey ......................................................................................................................................................... 24 3.5.4. Agreement between Ministry of Defense of Afghanistan and Ministry of Defense of China ......... 24 4. Declarations .................................................................................................................................................... 24 v 5. Overseeing the Performance of Government ...............................................................................................
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