Improving Afghan Parliament’s Accountability, Transparency and Responsibility December 2013
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Acknowledgment:
The Research Institute for Women, Peace and Security appreciates Ministry of Parliamentary Affairs, Administrative Office of the Wolesi Jirga, Free and Fair Election Forum of Afghanistan FEFA, Democracy International and National Democratic Institute for their cooperation in the provision of this report.
The institute, in particular, is grateful to those members of Wolesi Jirga who participated in this study, patiently answered our question and provided us their comments regarding the study of transparency, legislation and impartiality of the Parliament in its decision making.
This study and report by RIWPS shall be an important step towards democratization of the Afghan Parliament. RIWPS values the achievements of the Afghan Parliament which, undoubtedly, are appreciable and important steps towards democratization and independence of the legislative branch of the country, while this study is published in order to raise the public awareness regarding transparency, accountability and liability of the Afghan Parliament.
Once again we express our gratuity to all our colleagues and participators who assisted us in this study and provision of the report directly or indirectly and wish for their continued success.
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1
About RIWPS:
RIWPS is a woman-led initiative conceptualized following Afghanistan’s first Consultative Peace Jirga (Grand Assembly) in 2010 and established in 2011to focus on increasing women’s inclusion and leadership in the effort to bring peace and security to Afghanistan. Building on the traditional and emerging roles of Afghan women, RIWPS seeks to strengthen women’s inclusion in conflict resolution and conflict management and to ensure that the peacebuilding roles women already play translate into their active participation in the national and local peace process. The unique aspiration of the Institute is to engage Afghan women and advance their strategic participation to improve social cohesion, restore war-torn communities, and rebuild relationships at the grassroots and national levels. Women’s contributions need to be documented and promoted to ensure their meaningful inclusion, which in turn will help to ensure the sustainability of ongoing peace & security efforts. RIWPS will document contributions of women leaders at the grassroots, empower them with community mobilization and advocacy skills, and connect them to find and negotiate space for themselves in local and national governing structures.
Vision: To advance a new paradigm for peace and security in Afghanistan that is inclusive of women’s perspectives.
Mission: To leverage the knowledge of women leaders in grassroots movements, strengthen capacities, and support research that will increase women’s security and the gender-responsiveness of peace building policies, programs and institutions.
Strategic Approach: Research & evidence building on women’s contributions to peace & security; Advocacy through knowledge sharing; Training & empowerment; Coordination with WPS stakeholders.
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2 The First Report
Direct observation of the Institute for Women, Peace and Security regarding the functions and transparency of the National Assembly (Wolesi Jirga) in 2010 and its compliance with the laws of Afghanistan:
Study of the functions of the parliament:
Parliamentary watch is a test initiative of the Research Institute for Women, Peace and Security which is conducted with the goal to have a primary evaluation of the function of the Wolesi Jirga, including direct observation of parliamentary sessions in order to clarify transparency, compliance with Afghan Laws and impartiality in application of internal and external decisions. The data collected during this observation, will be published through media and provided to the parliament.
The Institute conducts this parliamentary study in two phases which includes an evaluation for a period of 4 months followed by direct and indirect observation over the functions, decision making and public accessibility to the members of parliament which the latter would be conducted in period of 8 months after the first phase.
Through this program the Institute will observe the functions and activities of the parliament as well as how public can access members of the parliament and will magnify the professional challenges and contradictions between the 3 branches of the government. In addition, recommendations and propositions will be made for the improvement of observation, legislation and representation.
Overall Objective of the Project:
The overall objective of the project is to improve transparency, accountability and liability of Wolesi Jirga which are among the increasing necessities of a democratic government. This objective could be achieved through creation of a public observation system of the National Assembly (Wolesi Jirga), over legislation and parliamentary procedures which would be conducted by the civil society.
This project will focus on the collection and publishing of the information about the functions of the parliament and public access to their representatives in 2011 until May 2013. Method of Observation: ACKU The institute has designed the questionnaire in a way that it can provide relevant qualitative and quantitative information regarding biography, gender and functions of the parliament and its members. The methodology used to collect the data is as following:
1- Interview with the members and secretariat of the Parliament, governmental and non- governmental organizations which have a professional relationship with Wolesi Jirga (Officials of the Ministry of Parliamentary Affairs, Free and Fair Election Forum of Afghanistan and Civil Society Institutions). 2- Study of the materials and reports: Wolesi Jirga’s official gazette and website, reports provided by the Ministry of Parliamentary Affairs as well as reports published by national and international institutions. 3- Media observation: Tracking specific media programs, news and broadcast related to parliament.
3 The Institute started the first phase of the observation in January 2013 and continued data collection until May 2013. The Institute interviewed 10 members of Wolesi Jirga, 1 official from the Ministry of Parliamentary Affairs and 1 official from the Secretariat of Wolesi Jirga and studies the official gazettes of Wolesi Jirga and documents of the Ministry of Parliamentary Affairs while none of the aforementioned resources provided adequate information. For instance, the official gazette of Wolesi Jirga, there is no information about the drafts sent by the government or other drafts of the 15th parliamentary round or other drafts from previous years which are not enacted. In addition, a comparison of the two resources indicates statistical divergence and since the start of the 16th parliamentary round was in the middle of 2010 and 2013 working year is not over, the comparative criteria includes 2012 and 2013.
2 officials from Democracy International (DI) and 2 officials from National Democratic Institute (NDI) were also interviewed. Other parts of the report including the collected statistics are based on other publications such as the Wolesi Jirga guide book 2010-2015, National Democratic Institute (NDI) published in May 2012 and Center for Strategic Studies (Kabul January 2011). The information obtained from the two last sources show a very limited difference. Since the comparison of the information and statistics obtained from these resources is not the objective of this study, the Institute has used these resources as samples in order to illustrate a general image of the composition and situation of the Wolesi Jirga.
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4 An Introduction of Afghanistan’s Wolesi Jirga:
Parliamentary activity has started in Afghanistan since 1931 and the elected parliament of 2010 which is the 16th period, is composed of 249 members from all provinces considering the population of the country.1 Three members have been assassinated in different times and one member has passed away in a traffic accident. According the positive discrimination policy of the Afghan Constitution, women constitute 25% of the members of Wolesi Jirga.2
Wolesi Jirga elects its chairman for a legislative period (five years); first deputy, second deputy, first secretary and deputy of the secretary for one year from its members through a free, secret and direct election. This Jirga has created 18 permanent commissions to study argued issues3 and according to the Regulation on the principles of internal duties, it has established 7 parliamentary groups.4
The chairmen’s committee, including the administrative board, chairmen of the parliamentary groups and permanent commissions assists Wolesi Jirga in provision of working plans, public session agendas, working schedule for the permanent commissions, procedures and bills related to the internal administrations of Wolesi Jirga.5
The Secretariat is established in order to provide technical and service facilities to Wolesi Jirga and its Members. This administration has sub-divisions of research and study, legislation, international relation, public communication, human resources, security, public relations and financial and administrative.
Wolesi Jirga functions according to the authorities granted by the Afghan Constitution and Principles of Internal Duties. Administrative expenses of Wolesi Jirga, salaries and allowances of the members and the secretariat, are paid for government budget according to the allocated budget.
A General Image of the Wolesi Jirga:6
The general composition of Wolesi Jirga is as follow:
1- Supporters of the Government 2- Opposition 3- Independent MPs ACKU
1 Article 83 of the Afghan Constitution: Members of Wolesi Jirga are elected by citizens through a free, public, secret and direct election…the number of the members of Wolesi Jirga considering the portion of each region, is maximum 250. 2 Article 83 of the Afghan Constitute. 3 Articles 87 and 88 of the Afghan Constitution. 4 The Current parliamentary groups are Saba, Sa’adat e Melli, Resaalat, Melli Parlaman, Karwan e Sulh, Saday e Adalat and Etemad. 5 Articles 12 and 16 of the regulation on the principles of internal duties. 6 Analyzed and published by Kabul Center for Strategic Studies.
5 Party Composition of Wolesi Jirga:7
Party No. of Members Percentage Hezb e Islami 24 Members and 17 Members close to it 16% Jamiat e Islami 14 Members, 13 Members Close to and 8 ex- 14% members Hezb e Wahdat Islami Mardom 8 Members Including its Leader 3% Afghanistan (Muhaqeq) Hezb e Wahdat Islami (Khalili) 5 Members 2% Paiwand e Melli 4 Members Including 3 Family Members and Less that 2% its Leader Left Parties 4 Members Less than 2% Junbesh e Melli Afghanistan 4 Members Less than 2% Afghan Mellat 1 Member and 2 Members Close to it 1.5% Independent Members 128 Members 51% Leaders and Members of Other 1 Member Each Less than 1% Parties
Ethnical Composition of Wolesi Jirga:8
Ethnicity No. of Members Percentage Pashtun 96 Members 39% Tajik 53 Members 21% Hazara 61 Members 25% Uzbek 15 Members 6% Imaq 8 Members 3% Arab 8 Members 3% Turkmen 3 Members 1% Nuristani 2 Members Less than 1% Baloch 1 Member Less than 1% Turk 1 Member Less than 1%
Composition of Wolesi Jirga Considering Education:
Education No. of Members Percentage Private-Madrasa ACKU3 Members 1.2% Primary and Less than High 3 Members 1.2% School Graduation High School Graduate 98 Members 40% 14th Grade Graduate 18 Members 7.2% Bachelor 106 Members 42% Master 19 Members 7.6% PhD 2 Members 0.8%
7 Kabul Center for Strategic Center, also Mr. Kabir Marzban, member of Wolesi Jirga in a communication with the Research Institute for Women, Peace and Security, while appreciating activities of this institute, stated that Hezb e Adalat e Islamy Afghanistan (The Islamic Justice Party of Afghanistan) has two members in the Parliament including its leader, that has to be added to party composition of Wolesi Jirga. 8 Ibid.
6 The three main responsibilities of the Parliament (Wolesi Jirga) include legislation, observation on the function of the government and representing people where the following chapters each of the mentioned functions would be studied in more details.
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7 Findings of this Study
Chapter One: Legislation
Parliament as the highest legislative organization is the manifestation of the will of the people of Afghanistan.9 Legislation is one of the most important responsibilities of the Parliament among the three main responsibilities and almost all of the interviewees believe that legislation is a very important responsibility of the Parliament. The legislative method is elaborated in the Constitution where according to article 90 of the constitution, National Assembly has the authority to enact, amend or cancel law or decrees and propositions for new laws are delivered to the Wolesi Jirga by the government.10
According to the principles of internal duties of Wolesi Jirga, draft of a law after being introduced by the Ministry of Parliamentary Affairs and Ministry of Justice and its inclusion in the agenda, will be given to the permanent commission for further study and relevant procedures. In their joint meetings, the commissions will decided about agreed points and conflicting parts of the draft will be argued and decided by the public session.11
In this chapter, the legislative function of the Wolesi Jirga between 2010 until May 2013 is studied. According to the responses given by the interviewees, study of the official gazettes of Wolesi Jirga and government documents, the general image of legislation on yearly basis is as follow:12
A: 201013
• Sent by the government: (2) drafts • Enacted by Wolesi Jirga: No draft has been enacted • Non-enacted drafts: (2) drafts
Sent by the government ACKUEnacted by Wolesi Jirga Non-enacted dra s
9 Article 81 of the Afghan Constitution. 10 Article 97 of the Afghan Constitution. 11 Articles 75-79 of the regulation on the principles of internal duties. 12 Statistics for the submitted draft, enacted and non-enacted laws for the years 2010 until 2011, 2011 until 2012, 2013 until May 2013, are provided through the study of Wolesi Jirga’s Official Gazette and documents and interviewees from the Ministry of Parliamentary Affairs. 13 Wolesi Jirga’s Official Gazette and information from the Ministry of Parliamentary Affairs.
8 In addition, once the budget has been enacted, (9) international agreements approved and (24) enactments have been made in various issues.
B: 2011/2012
• Sent by the government: (13) drafts • Enacted by Wolesi Jirga: (6) drafts including drafts from the 15th parliamentary round • Non-enacted drafts: (13) drafts
Sent by the government Enacted by Wolesi Jirga Non-enacted dra s
Note: Statistical difference between sent drafts, enacted drafts and non-enacted drafts is due to the number of remaining drafts from the 15th parliamentary round. According to the information provided by the Ministry of Parliamentary Affairs, out of 13 drafts sent in 2011/2012, none of them were enacted in the same year.
C: 2012/201314 ACKU • Sent by the government: (14) drafts • Enacted by Wolesi Jirga: (22) drafts including drafts from the previous years and national budget • Non-enacted drafts: (7) drafts
14 Ibid.
9 Sent by the government Enacted by Wolesi Jirga Non-enacted dra s
In addition to this, the national budget is enacted, 58 amendments have been made in the provisions of the law, (26) international agreements are approved and (22) enactments have been made in various issues.
D: February to April 2013:
• Sent by the government: (5) drafts • Enacted by Wolesi Jirga: (4) drafts from the previous years • Non-enacted drafts: (?) drafts15
Sent by the government Enacted by Wolesi Jirga ACKUNon-enacted dra s
A Comparison of the Laws Enacted from 2010 until May 2013.
15 Information about non-enacted drafts is not enacted in the official gazette of the Wolesi Jirga and documents of the Ministry of Parliamentary Affairs.
10 25
20
15 Sent by the government
Enacted from the last year 10
Non-enacted: 5 dra s are not 5 enacted
0 1389 1390 1391 First three months of 1392
Delays in Enactment:
Article 97 of the Afghan constitution states that the Wolesi Jirga cannot delay the enactment of a proposed draft for more than 1 month.16 The same article states that decrees are considered laws once signed by the president. These decrees should be delivered to the national assembly within 30 days after the first session of the parliament and if rejected by the parliament, will lose its legal value.17
After reviewing the documents and considering responses of the interviewees, it was clarified that some laws are enacted in breach of the Article 97 of the constitution since the process has taken up to months and even more than a year. The following table illustrates some examples:
Draft of the Law Date Sent Time spent without Enactment Delay Decree on the Law on July 2009 It was still in Wolesi Jirga in June Almost 4 Years Elimination of Violence Against 2013 Women Draft on the Law of Medals and ACKUMarch July 2013-It is still in Wolesi Jirga 15 Months Honorary Titles 2011 Decree on the Law on April 2011 July 2013-It is still in Wolesi Jirga 14 Months Custodianship of Orphan Children Draft of the Law of Higher April 2012 July 2013-It is still in Wolesi Jirga 14 Months Education Institutions Draft of the Anti-Corruption Law June 2012 July 2013-It is still in Wolesi Jirga 12 Months Draft of the Law on Regulation of November July 2013-It is still in Wolesi Jirga 9 Months President’s Salary and Expenses 2012 Draft of the Election Law November June 2013-It was still in Wolesi Jirga 7 Months 2012
16 Article 97 of the Afghan constitution. 17 Article 77 of the Afghan Constitution.
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Challenges of Enacting Laws:
Delays in ratification and enactment of the laws are due to internal factors within the Wolesi Jirga and also external factors.
A: Internal Factors
• Incomplete quorum in public session and permanent commissions: The most important challenge for enacting laws and other relevant procedures of the public sessions of Wolesi Jirga, is continuous absence of some of the member and the problem it causes for the quorum, because public sessions are considered official when majority of the members are present.18 While observing the official gazettes of Wolesi Jirga, Interviews and media, it was found that members’ business in their personal issues as well as regular travels outside the country, are major causes of this problem.19 Some members of Wolesi Jirga consider this representation as a secondary mission and thus are less present in sessions. In some sessions, only 12 to 25 members were present out of 246 members.20 • Lack of professional capacity: The legislative branch does not possess adequate professional knowledge for to review legislative issues, thus, decisions are usually affected and justified.21 • Inefficiency of the existing structures: Evaluating drafts of the laws, rendering decisions through directorate board, chairmen’s committee, permanent commission and parliamentary groups in order to report to the sessions has been very time consuming. Parliamentary groups, in addition to time, also suffer lack of a political scheme based on collective interests. Parliamentary groups are supposed to fill the gap which is caused by non-existence of parliamentary fractions and have a unified voice on the issues argued. These groups, in the beginning of their creation and during their work, have not been able to create a political scheme based on their interests which consequently reduces their efficiency or even collapsed in some cases. That is why members of the groups and commissions state their personal views in public sessions, which weakens the professional image of public sessions and more particularly, specialized commissions. • Omission of at least one article of a law in Wolesi Jirga: The findings show that article 25 of the election law which provided for 25% allocation for women in provincial councils, was omitted with taking relevant principles into considerations while some members stated that ACKU this was not one of the conflicting articles but one of those on which all commissions had agreed. After the draft was sent to the Senate, it was clarified that the article had completely erased. The issue was then referred to a joint commission of the two houses where the joint commission re-added this article into the law with a modification as the allocation for women was reduced to 20%.22 • Negligence regarding prioritization of the agenda in public sessions: The study of the official gazettes of Wolesi Jirga, interviews and statements by some of the members shows that in
18 Article 106 of the Afghan Constitution. 19 Majority of interviewees were complaining against the continuous absence of the Members. 20 Direct interview with some members of the Parliament. 21 From the study of the educational background of the members and responses of the interviewees. 22 Article 100 of the Afghan Constitution: In case the ratified draft of one house is rejected by the other, a joint commission with equal representatives from both houses will be established to resolve the issue.
12 preparing the work plan and agenda for the commissions, working on the draft of the laws is neglected. For instance, there have been 22 drafts enacted in 66 public sessions of Wolesi Jirga in 2012.23 In its worst case, the public session has enacted only 8 drafts in 61 sessions in 2011.
Sometimes the chairman of the session fails to control the arguments and the session goes to irrelevant arguments. In some cases if one group finds the agenda not in line with its interests or if there is an external lobby, it will disturb the session order and the session would end earlier than planned.
B: Government Interferences
Institute’s observation shows that the government interferes in Wolesi Jirga in several ways; the following are some common types of this interference:
• Efforts to complete or disturb the quorum in order to achieve government interests: If government officials do not find the decisions of the assembly in line with their interests, they will try to disturb the quorum of the sessions where n contrary they would try to make sure the quorum is complete if a session and the decision to be made in it complies with its interests. • Disinterest in strengthening the parliament and efforts to weaken it by ignoring its decisions: For instance Wolesi Jirga has continuously asked for the introduction of three new members of the Supreme Court, or introduction of the new ministers for Confidence Vote or continuous request for the Political Strategy of the country to be sent to Wolesi Jirga, are some of the examples. • Bribery, privileges and appointment of the relatives of MPs in local, central and embassy positions for their vote of confidence: members of the parliament accuse each other, even in public sessions, that they have relationships with the government based on their personal interests which affects their votes.
Existence of too many commissions, inefficiency of the parliamentary groups in sessions, incompliance with the principles of internal duties, lack of evaluation and professional consultation, personal decisions making instead collective decisions making, lack of experience and inefficiency of the current mechanism for the ACKU prevention of the absence of members are the weaknesses that challenge the parliamentary procedures and make legislation a time consuming function.
Some of the mentioned challenges and difficulties of legislation through general assembly could be overcome by short, middle and long term schemes which are included in the 6th chapter under recommendations.
23 Working report of Wolesi Jirga, gazettes of 2010 and 2011.
13 Finding of this study
Chapter Two: ______
Parliamentary Observation
Observation is considered as one of the very important responsibilities of the Parliament. Parliamentary observation of the function of the government and each one of the ministers in particular, is based on Articles 77, 89, 91, 92 and 93 of the Afghan Constitution which would be sated in relevant sections.
Article 77 of the Afghan Constitution, concerning the responsibility of ministers and observation of their work, states: “The Ministers are responsible to the President and the Wolesi Jirga for their particular duties.” In addition, article 89 lays down the mechanism for the parliamentary observation over the functions of the government as: “Wolesi Jirga can, after proposition by one third of the members, establish a special commission to evaluate the functions of the government”. Considering the mentioned articles, findings of the Institute through official gazette and other publications is that between 2010 and 2011, Wolesi Jirga has had 129 general assembly sessions in total, of which 33 are audition sessions and 3 are interrogative sessions which are considered its observatory task. In the same period, there has been 26 particular observations in several issues.
From 2011 to 2012, Wolesi Jirga has had 126 general assembly sessions in which there have been 5 interpellation sessions, 11 audition sessions and 14 interrogative sessions. However there is no qualitative or quantitative information published in various documents regarding the efficiency, consequences and effects of these sessions.24
Observation Over the Function of the Government Between 2010 and 2011 Total Sessions Audition Interpellation Interrogation Observation 129 23 2 3 26
Observation Over the Function of the Government Between 2011 and 2012 Total Sessions Audition Interpellation Interrogation Observation 126 11 ACKU5 14
Concerning article 89th of the constitution, the Institute and its observer found through interviews and Wolesi Jirga’s documents that despite some efforts by Wolesi Jirga to establish the special commission for the observation of the functions of the government, this commission has never been established. However, only in October 2012 a commission of 23 members was established where its mission was “evaluation of government’s proceedings regarding usurped lands and corruption in Kabul Municipality”.25
The mandate of this commission still continues, yet until the end of 2012 and in 5 audition sessions and 15 regular sessions with government officials, it has been able to just identify usurpers and
24 Official gazettes of 2010, 2011 and 2012/2013. 25 Wolesi Jirga’s 2012 Official Gazette.
14 amount of the usurped lands in Kabul, Qandahar, Herat, Balkh, Nangarhar and Kunduz. The two following tables illustrate the activities of this commission in further details:
Usurped Lands in Kabul, Qandahar, Herat, Balkh, Nangarhar and Kunduz Categorization of the Usurpers Government Lands Usurped Large Usurpers 139999 Acres Usurpers of more than 1000 acres 109600 Acres Usurpers of more than 100 to 999 acres 65800 Acres Usurpers of 10 to 90 acres 18280 Acres Usurpers of 1 to 9 acres 4384 Acres Usurpers of up to 1 acre 275 Acres Usurpers of towns 228 towns, 238800 acres of governmental lands Total lands usurped 559000 acres
Usurped Lands in Kabul Province Categorization of the Usurpers Amount of the Lands usurped No. of usurpers Large usurpers 11426 acres 11 Usurpers of more than 100 acres 6562 acres 10 Usurpers of 100 to 999 acres 4993 acres 33 Usurpers of 10 to 99 acres 2921 acres 115 Usurpers of 1 to 9 acres 88 acres 44 Usurpers of towns 19600 acres 23 Lands usurped by government 1414 acres 7 Institutions institutions Total lands usurped 47000 acres
However, despite urgent necessity of observation over the functions of the government, Wolesi Jirga has not been successful to practice this legal authority granted to it. One of the reasons for this failure, is the mechanism based on which the general assembly chose the members of the commission for this observation where relationships and personal interests are the criteria for selection instead professionalism and experience in the field. Article 91 of the constitution, regarding ACKU interpellation which is one form of observation, states: “Decision for interpellation of each minister will be made based on article 92 of this constitution”. Article 92 states: “Wolesi Jirga, based on proposition made by 20 percent of total members, can interpellate each minister”.
The findings of this study show that, interpellation of eleven ministers has been one of the most controversial breaches of parliamentary observation. These ministers were interpellated for spending less than 50% of the budget of their ministries. Members collected signatures for the interpellation of these ministers26 but the sessions were delayed for several days by the directorate which created huge controversy in national and international media. During these delays, some of the members revoked their signatures but the interpellation finally took place, to which ministers
26 Article 99 of the regulation on the principles of internal duties.
15 provided their elaborations according to the law.27 Some of these elaborations where focused on irrelevant issues instead explaining the reasons for the failure and making promises for relevant improvements. Some ministers blamed Ministry of Finance for their failure in spending their budgets, while the Minister of Finance blamed International Donors stating that financial and cash transactions were not made on time for them.28 As it seemed that the members were not satisfied with the answers of all eleven ministers, the session decided to cast their votes of confidence and apparently some ministers would not win the confidence vote. But surprisingly, all the eleven ministers won the confidence vote and were approved.29
Institute’s observer, observed one of the specific programs on the media in this regard where two members of the parliament where in that program. One of them frankly stated that he revoked his signature because one of his supporters, who had collected many votes for him in 2010 parliamentary election, pressured him to revoke. It was stated by some of the members in the general assembly sessions, that the revocation of signature by some members is due to their secret deals with the ministers and the preference some members give to their personal interests and the commissions they receive instead national interests.30
Article 93 of the constitution states: “Each house of the national assembly can question ministers in specific issues”.
It is worth mentioning that the 18 commissions of Wolesi Jirga, have also initiated their own observation over governmental institutions. These commissions have held 606 regular sessions between 2010 and 2011 which includes 5 interrogative sessions and 175 audition sessions. The commissions have also had 10 particular observations and proceeding 2053 petitions.
In addition, the commissions have had 611 regular sessions in 2011 and 2012 which includes 35 interrogative and 161 audition sessions. There have been 25 observatory meetings and provincial travels with 3192 petitions in the observatory function of the commissions of Wolesi Jirga.31
According to article 64, regarding the appointment of the members of high council of the Supreme Court by president and the role Wolesi Jirga has in this process, states: “Appointment of the members of the high council of Supreme Court has to be approved by Wolesi Jirga”.
Article 117, provides for the terms or work for the three groups of members in the high council of Supreme Court: “The Supreme ACKU Court is composed of nine members who are appointed by the President with the approval of the Wolesi Jirga for a period of 10 years and in accordance with the provisions of last paragraph of article 50 and article 118 of this constitution and in the beginning once third should be appointed for four years, one third for seven years and one third for ten years. The appointment of any justice for the second term shall not be permissible”.
Institute’s observations, interviews and study of the reports by other institutions shows that the term of appointment of one third of the justices including the chief justice, considering article 107 of
27 Article 92 of the constitution. 28 Direct interviews of the Institute with Members of the parliament and media observation. 29 Direct interviews with the members. 30 A discussion by two members of parliament on Tolo TV and also arguments by some of the members in the first general assembly session after interpellation. 31 Official Gazettes of 2010, 2011 and 2012 of Wolesi Jirga.
16 the constitution, has expired since 3 years. Wolesi Jirga has continuously asked for the introduction of new members for the Supreme Court but the government, after the mentioned delay, has introduced 2 members. The chief justice until the provision of this report (June 2013) continues his duty. This implies that not only the government complies with its legal obligations, but also ignores the request of representatives of people. Consequently, the relationship and coordination between the executive and legislative branches is unstable and shivery and public confidence over governmental institutions has dramatically reduced. Yet, Wolesi Jirga has just tried to request for this appointment and has failed to efficiently use persuasive measures or even obligatory measures. Some members, civil society, political parties and critics have stated their concerns in this regard during the interviews.
Carelessness towards the constitution persuades lawbreakers and people with self-interest orientations and consequently, rule of law is weakened by its law executors.32 They state that since the office term of those members has expired and the constitution states that reappointment is not admissible, appointing the same members as “acting members” is also against the law. Consequently, the decisions made by these members are all considered illegal. Observation over the functions of the government, in addition to lack of a relevant commission formed, has other difficulties too. Wolesi Jirga’s chairan in the report of the second and third annual sessions of Wolesi Jirga stated:
A rapid judgment would be that Wolesi Jirga has failed in its observation of the government however it rational judgment would be that the government has been ignoring the legal observation of the parliament over its functions and done its activities with no regards to this observation. Unfortunately, there is a lack of respect for the rule of law within the structure of the government and on the other hand, Wolesi Jirga does not have any executive power to overcome this challenge. (From the first and second reports of Wolesi Jirga)
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32 Direct interviews of the institute with MPs and external counterparts.
17 Finding of this study
Chapter Three ______
Representation
Members of the parliament as representative of people transmit the demands of public and their communities to government and its relevant institutions and follow it. Representing people in policy and decision makings is one of the very important duties of the members of Wolesi Jirga. This is the competence granted to members of the parliament by Afghan constitution as well as parliamentary customs.
Article 4 of the Afghan constitution states: “National sovereignty in Afghanistan belongs to nation which exercises it directly or through its representatives”.
Also article 81, concerning the National Assembly, states: “National Assembly of the Islamic Republic of Afghanistan as the highest legislative branch is the manifestation of the will of its people and represents the entire nation”.
The principle of representation originates from above mentioned articles. Members of Wolesi Jirga have been successful tin representing people in two fields: (1) expressing people’s demands and requests in general assembly sessions and (2) proceeding petitions and complains brought to commissions and officials of the Wolesi Jirga. The commissions of Wolesi Jirga are also effective in representation. The chairman of Wolesi Jirga, in the report of the first and second parliamentary rounds, states the following regarding representation:
A remarkable achievement of Wolesi Jirga besides all its achievements, is the fulfillment of the responsibility of representing people. Many members transmitted the voice of their people through this assembly to the government, people and the whole world. An important example of it, is the voices against mistakes of foreign forces which has caused casualties to civilians and violation of national traditions as well as invasion to private residence, voices against missile attacks and frank interferences from Pakistan and finally condemnation of terrorist activities.” (From the Session of the first and second rounds of Wolesi Jirga)ACKU Stating People’s Demands in General Assembly Sessions of Wolesi Jirga 2010-2011 No. of Sessions No. of Issues Raised 129 Sessions Expression of 278 demands of people, by members 13 complain hearing sessions in the complaints commission 748 petitions proceeded
Representing People in 2011/12-2012/13 Type of Representation No. Hearings 27 Hearing by Officials Proceeding Petitions 751 Petitions
18 The study conducted by the Institute indicates that there is a limited relationship between representatives and people however some members have regularly visited communities. The connection between MPs and people is weak due to the following reasons:33
• Insecurity: Due to security problems, representatives cannot travel to their communities based on which the connection between them and people is weakened. Some members of the parliament even refuse to go to family and community celebrations since three members of Wolesi Jirga have been killed at home or in their relatives’ parties. • Lack of awareness regarding representation: Sometimes the requests made by people are promises made by members of Wolesi Jirga are not in line with the competence and responsibilities of representatives. Some members even have benefitted from representation and membership of the National Assembly for their own interests, deals, getting contracts awarded to them and appointment of their relatives in specific positions. • Disinterest in representation: Some representatives have moved far from people and their communities and are less cooperative with them. Regular changes of residence and address, security restrictions and secondary engagements of economic or political nature are the causes for this distance. • Lack of a clear scheme: In certain cases, neither the assembly nor the members have any program for representation. In this situation, they would consider random meetings with their community people as sufficient. • Lack of resources, having no office in provinces: National Assembly has a limited budget to create provincial offices for its members and only few members have created their provincial offices with their own costs, they have had some success however it is not possible for all members.
However members do have some success in their representation, but the interviewees did not believe it was enough since representation has been limited to meeting with people and following their petitions. Organizing sessions with people and looking for their requests are not commonly seen. During their vacations, some members organize travels outside the country to follow their political or economic activities instead trying to visit their provinces and meeting with people.
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33 Institute’s Direct Interview with Members of Parliament.
19 Chapter four
Conclusion:
The start of the activity of the legislative branch in Afghanistan has been a very important step towards separation of powers, creation of a democratic, accountable, transparent and liable government and a very important achievement for the people of Afghanistan that has been made possible with International Community’s assistance. In this regard, Wolesi Jirga has taken the very first steps towards people’s sovereignty, rule of law, institutional accountability and representation of the people.
Wolesi Jirga has a progressive move where legislation in 2012 shows almost four times growth compared to 2011. Legislation methods are improved and are still progressing.
Besides, observatory methods have also improved and audition, interrogation and interpellation sessions have improved in terms of quality despite the difficulties. The 18 permanent commissions as well as the commission for the evaluation of usurped lands have valuable achievements in their observations.
Wolesi Jirga’s representation role in planning, legislation and decision makings shows an improve day by day. Increasing petitions submitted to commissions shows their popularity among people and the importance Wolesi Jirga has for people as their representative.
Relations and coordination between the branches of power is still very poor which weakens their credibility. The executive branch, in particular, ignores some bills, legal request sand demands of the legislative branch.
Capacity building programs for members of the Parliament has not brought changes in the quality of their work. In general assembly sessions where the enactment of a legislation is in question, some members impose their personal, religious or traditional understandings and ignore social facts under their senses of conservatism, traditionalism and fanaticism.
The cooperation between national and international organizations which work for capacity building for the parliament is insufficient, superficial and inefficient and they lack coordination amongst them. ACKU Woelsi Jirga and its directorate in particular, do not have a timely action plan, lack vision and aims. Sometimes decisions about the agenda is made on random basis or even based on internal or external lobby and pressure.
Wolesi Jirga and its members in general, do not have volunteer or hired advisors in order to benefit their consultations in their three main tasks which are legislation, observation and representation; this has deprived them from expertise and experience of experts.
Strong parliamentary groups are not formed and as a consequence, important decisions are made on the basis of personal and individual merits. This makes the decision making a time consuming process which wastes a lot of resources.
20 The facilities and experiences of inter-parliamentary committees with parliaments of the countries world and region are not used to improve the activity of the members of Parliament.
It is realizable that Afghanistan’s parliament is no exception in country’s social and political situation. Considering this situation, lack of scientific management, lack of professionalism, consideration of relations in appointments, increasing wealth and corruption, smuggling and embezzlement and finally disinterest in education and change are affecting the function of the parliament.
In such a situation where accountability and liability is in very low level, the function of the parliament cannot be of any exception. Thus, need for education and creation of efficient mechanisms are considered very important.
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21 Chapter Five: ______
Recommendations
Research Institute for Women, Peace and Security, while appreciating the achievements of the parliament, seeks magnification of positive achievements. Yet the defects and shortages should be identified and resolved through enrichment of the mechanisms using international community’s experiences as well as national and international, civil society and people consultations. The institute, during its observation, interviews and meetings has identified some gaps and defects in legislation, observation and representation. In this section, we provide some recommendations which are useful for qualitative improvement of the function of Wolesi Jirga.
First: Structural
1- The parliament should establish some conditions and criteria for parliamentary candidates in election law. National criteria should be established considering socio-cultural situation of the country, in order to prevent entry to random, abuser, lawbreaker and unfamiliar to legislation, representation and observation members as much as possible. 2- The directorate and members of the parliament need to improve their role in legislation, representation and improvement and efficiency of the parliamentary groups in a way so these groups can play a more important and more serious role. 3- In order to provide transparency, accountability and responsibility, as well as improvement in the function of Wolesi Jirga, an external observatory institution should be invited in order to observe the daily function of Wolesi Jirga and provide practical recommendations for improving the efficiency. 4- Chairman of Wolesi Jirga, needs to take practical steps to improve this institution’s relationship with executive and judicial branches.
Second: Programmatic
5- An action plan based on Wolesi Jirga’s long term vision should be created. This plan has to identify the objectives of Wolesi Jirga and provide guidance for officials for its regular application. This plan should include subjects that could be referred to the assembly, responsibilities of the directorate, commission, parliamentary groups, method and quantity ACKU of legislation, observation over the activities of government, representation, external relations and coordination. 6- Behavioral instruction should be created for the members of parliament and members should be committed to it. Any breach of this instruction whether inside or outside the parliament, should be noted by the chairman of the assembly and the person in breach should be notified. The institute will assist in the creation of this instruction in order to promote rule of law, transparency, accountability and responsibility of the members of the parliament. 7- In order to promote the role of community people, objective provincial meetings of members and other means of communication, obtaining information and receiving requests should be strengthened.
22 8- In order to register and safeguard the achievements, functions of the parliament and public access to information and members of the parliament, the official gazette and official website of the parliament should be enriched and regularly updated since the current information seems insufficient and does not provide required details to its users. For this purpose, young generation who has a good knowledge of information technology and management could be very helpful.
Third: Improving the Capacity
9- In parliament’s budget and Wolesi Jirga in particular, there should be a special allocation for recruiting legal advisors, experts in administration and good governance to assist the commission and members of Wolesi Jirga in their observation of the function of government. The directorate and members of Wolesi Jirga should be committed to use their expertise, consultation and experience. 10- In order to fill the gap caused by lack of professional education, a consultative committee or council should be formed including scientists, university professors, members of national academy of sciences and civil society. 11- In order to increase the capacity of the parliament, recruitment needs should be identified and internal and external resources for this capacity building should be sought in order to strengthen legislation, observation over the function of the government and representation. 12- Every representative should have personal advisors and professional assistants and receive their observations to improve their parliamentary activity. 13- Experience, professional knowledge, awareness on constitution and social changes of Afghanistan, should be considered in parliament’s main tasks including legislation, observation over the function of the government and representation. 14- Concerning some articles of the constitution that have not been implemented yet, such as creation of the commission for observation on the function of the government, urgent action is needed.
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23 ACKU
24 The Second Report
The Study of Increasing Afghanistan Parliament’s Accountability, Transparency and Responsiveness: ______
About the Report:
The first parliamentary watch report, presented a general study of the structure of Wolesi Jirga and meanwhile had an implied presentation on its functions. That report, provided for the
number, tribal and party composition and The Activity of Permanent Commissions of Wolesi Jirga; Separation of Power, Activities of educational level of the members. In addition, the Three Branches Based on Independence three most important functions of Wolesi Jirga and Coordination: including legislation, observation over the The Reports Includes: function of the government and representation 1- The Commissions of Wolesi Jirga were studied. 2- Relation and Coordination Between the Three Branches of the Government In the second report, the permanent 3- Parliament-related Media Programs commissions of Wolesi Jirga, their functions and
4- Conclusion coordination with the executive and judicial 5- Suggestions branches’ institutions will be studied. This
report is provided by the Research Institute for Women, Peace and Security, its observer and parliamentary watch adviser.
The Parliamentary Watch Program is funded by United States National Endowment for Democracy (NED) Organization. ACKU
25
Methodology:
According to plan, Research Institute for Women, Peace and Security, has observed the functions of Wolesi Jirga using the following methods:
Institute’s observer has observed the function of Wolesi Jirga and its permanent commissions on daily basis and provided relevant observation reports to program adviser. The Institute for Women, The observer and program adviser have attended meetings with Peace and Security has tried Wolesi Jirga officials and sought their further information in to collect information relevant fields. regarding the function of the Parliament as well as The Institute has also used Wolesi Jirga’s official gazette, direct meetings with members and officials, national and international coordination among the three branches of power researches regarding parliament and official letters and from primary sources. correspondences between the officials of the three branches in order to promote coordination and relationship between those branches.
Tracking and recording interviews of administrative board of the Wolesi irga, members and officials of the three branches with regards to the subject of this research, is one of the methods used in this research. That is to say, program observer has collected relevant media interviews and used them for the analysis.
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26
The Report in Brief:
• The 18 commissions of Wolesi Jirga have an important role in preparing legislative documents for general assembly sessions. • Majority of the commissions have been successful in evaluating drafts of the laws. The observation over the function of these commissions places the commissions in the second rank in complying some duties such as observing the function if the government and representing people. • Majority of commissions do not have anticipated working plans. Yet the duties performed from the beginning of the 16th parliamentary sessions until July 2013 are appreciable. • Continuous absence of the members of commissions makes delays in the functions and decision making of these commissions. • There is not a good coordination between the three branches of the government; lack of trust has massively affected the relationships. • Public media are used as a tool for members to complain against the executive branch and the coordination and relationship between the executive and legislative branches seems very weak. • Some institutions and people exist within the executive, legislative and judicial branches that are not open for public awareness and are rather reluctant to give access to information, or simply block this access. • Necessity for coordination and independence on the function of the three branches, are one of the requirements for democracy. • The observations show that capacity building for the commissions is very important. They lack expertise for the relevant issues. • The parliamentary watch reports provided by the Research Institute for Women, Peace and Security regarding the observation of accountability, transparency and responsiveness of the parliament is well received by majority of MPs, civil society and international organizations. They have emphasized on further analysis, deeper concept and academic recommendations.ACKU
27 Chapter One: ______
The Permanent Commissions of Wolesi Jirga
Wolesi Jirga, based on the rules of Permanent Commissions of Wolesi jirga: procedures, has 18 permanent commissions.34
These commissions are formed on voluntary 1- International Affairs Commission 2- Internal Affairs Commission participation of the members of Woelsi Jirga 3- Defense and Territorial Integrity with regards to professionalism and relevant Commission experience. A list of the members who are 4- Financial, Budgetary and Banking interested in membership in a specific permanent commission will be provided to Commission 5- Petitions and Complaints Commission the general assembly by the administrative 6- Legislative Commission board and thereby approved. According to the rules of procedure, a commission can have 10 7- Women Affairs, Civil Society and Human Rights Commission to 25 members and one person cannot have 8- Legal and Judicial Affairs, Civil Reform membership of more than one commission at a time. and Anti-Corruption Commission 9- National Economy, NGOs, Rural Each commission in its first session chaired by Rehabilitation, Agriculture and Animal the eldest member who is not a candidate Husbandry Commission himself, elects its chairman, deputy and 10- Counter Narcotics, Alcoholic Drinks secretary by majority of votes of the present and Ethical Immorality Commission members for a one year term. Election for a 11- Post, Telecommunication, Urban longer term is permissible after suggestion by Development, Water, Electricity and one third and approval of two thirds.35 Municipality Affairs Commission 12- Religious, cultural, Education and It is mentionable that permanent Higher Education Affairs Commission commissions of Wolesi Jirga perform very 13- Health, Sport, Labor and Youth important duties in relation with the general Commission assembly sessions. These commissions, 14- Disabled, Martyrs Remnant and according to the rules of procedure, perform ACKUWidows Commission the primary research and study and argue 15- Nomads, Tribes, Refugee Affairs and about various relevant issues. Meanwhile, Internal Displacement Commission they provide recommendations and 16- Natural Resources and Environment suggestions in order to facilitate the Commission legislation process in general assembly 17- Commission on Immunity and sessions. The commissions have specific Privileges of Members of Wolesi Jirga duties and authorities, as stated in rules of 18- Commission on Central Audit and procedure regulation. Observation on Implementation of Laws
34 Article 22 of the rules of procedures of Wolesi Jirga. 35 Articles 23 to 25 of rules of procedure.
28 Special Commission for Observation over the Function of the Duties and Competences of the Commissions: Government 1- Evaluating the law drafts referred by chairman The Jirga according to article 89 of of the Jirga the constitution, after a suggestion by one third of the members can 2- Suggesting amendments with regards to drafts of the laws and budgetary issues establish the special commission to 3- Providing drafts for new laws conduct evaluation and observation over the activities and functions of 4- Provision of reports and recommendations to Jirga the government with minimum 21 5- Evaluating and proceeding other issues which members. The composition of this commission shall represent the according to the constitution, are of competences of the Wolesi Jirga entire Jirga and the members’ list should be approved in the general The commissions can, if considered necessary, invite assembly session. social institutions including national or international 36 In its first session, the commission NGOs for auditions and interrogations. will elect the chairman, deputy and Each member should be present in all sessions of the secretary of the commission with commission and actively participate in the activities of majority of votes of the present commission’s sub committees. In force majeure or members. sickness cases, the member shall inform the administrative board of the commission. With majority The Jirga will provide direction of the members present, the quorum is complete and regarding the duty, agenda and decisions are made with the presence of majority of scope of the work of the special the members.37 commission. The quorum for the sessions of the special commission The agenda of the commission shall be provided by the shall be complete with presence of administrative board of the commission. Each majority of the members and commission, before the end of every session, provide decisions are approved by majority the report of their activities in general assembly for 15 of the members. ACKUminutes.
The mission of the commission is Every permanent commission can create sub over after the completion of committees for special issues. evaluation and study of the related issue, this mission can be maximum The permanent commissions can also create joint six months. The Jirga can extend this committees if necessary. Members of this committees term, after provision of appropriate can be maximum 21. Creation of joint committees grounds by the commission. The should be for temporary purposes and list of the commission will report to Jirga on its members shall be approved by the general assembly study and evaluation of the relevant session. issue. (Articles 34, 35 and 36 of rules of procedure) 36 Article 26 of rues of procedures. 37 Article 28 of rules of procedures.
29
Composition, number of members and other specifications of Wolesi Jirga’s Commissions:38
Members of Wolesi Jirga’s International Affairs Commission No. Name Position Education Field Gender Province Age Language 1 Haji Deputy Bachelor Computer Male Kandahar 44 Pashto Mohammad Sciences Omar Nangyalai 2 Rahima Jami Secretary High Political Female Herat 38 Dari school Sciences 3 Aryan Yoon Member Masters Literature Female Nangarhar Pashto 4 Dr. Jafar Member PhD Psychology Male Kabul 33 Dari Mahdawi 5 Qazi Rahela Member Bachelor Law Feale Panjsher 44 Dari Salim 6 Sayed Ali Member Bachelor Medicine Male Kabul 40 Dari Kazemi 7 Shukria Member Bachelor Literature Female Baghlan 44 Pashto Isakhel 8 Dr. Abdul Member PhD Law and Male Ghazni 32 Dari Qayum Politicial Sajjadi Sciences 9 Fereshta Member Bachelor Trade Female Nangarhar 34 Pashto Anwari 10 Farida Member Diploma Education Female Nimruz 44 Balochi Hamidi 11 Haji Member Bachelor Law and Male Kabul 41 Dari Mohammad Political Dawood Sciences Kalakani 12 Bibi Hamida Member Diploma Pharmacy Female Kandahar 28 Pashto Yousofi 13 Dr. Member Bachelor Medicine Male Kandahar 31 Pashto Mahmood Khan ACKU 14 Nader Khan Member Diploma Education Male Paktika 54 Pashto Katawazai 15 Bibi Hamida Member High Female Kandahar 28 Pashto Akbari School 16 Haji Member High Male Baghlan 42 Dari Ashequllah School Wafa 17 Nahid Farid Member Masters International Female Herat 26 Dari Relations
38 The information about the commissions is based on NDI’s guide book published in May 2012.
30 Out of 17 members of International Affairs commission, 6 members (35%) have relevant higher education. Other members (65%) have education in medicines, literature, computer sciences, education and other fields.
Activities:
Since the beginning of its work in 16 parliamentary round (January 2011-July 2013), the commission has had 108 regular sessions and 8 audition sessions. 51 drafts of the laws have been studied and evaluated, 59 international agreements have been studied and approved and also has had 49 observatory evaluation. There have been 17 cases where the commission has represented people and in the same time, it has sent 465 various letters to different organizations regarding petitions and complains received from people.
Direct Observation:
One of the sessions of this commission was about the agreement of cooperation between Islamic Republic of Afghanistan and Norwegian Royal Government. In this agreement, bilateral cooperation in political, security, development and economic, regional, governance and rule of law are stated and the Norwegian side makes the commitment to cooperate with Afghanistan. It is also stated that the parties will cooperate to prevent illegal immigrations, smuggling and human trafficking.
In another part of the session, the law on custodianship and suggested amendments by the legal and judicial commission was discussed and one of the members was appointed to report on behalf of the commission.
This commission lack quantitative and qualitative education and skill for international affairs, however, the activity of the commission seems noticeable as compared to other commissions. The concepts of the sessions in which our parliamentary observer was present, is evaluated as good.
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31 Members of Internal Security Commission No. Name Position Education Field Gender Province Age Language 1 Haji Mirdad Chairman Bachelor Law and Male Kapisa 47 Dari Nejrabi Political Sciences 2 Haji Abdulhai Deputy Bachelor Computer Male Helmand 27 Pashto Akhondzada Sciences 3 Mohammad Secretary Diploma High Male Paktia 55 Pashto Nawab School Mangal 4 Abdul Ahmad Member High Male Maidan 52 Pashto Durani School wardak 5 Anwar Khan Member Diploma High Male Kabul 55 Pashto Oryakhel School 6 Fazel Azim Member Bachelor Geology Male Badakhshan 56 Dari Zalmai Mujadadi 7 Eng. Member High Male Ghor 50 Dari Mohammad School Iqbal Kohestani 8 Eng. Member High Male Laghman 52 Pashaii Mohammad School Alem Qarar 9 Haji Member High Male Parwan 50 Dari Mohammad School Almas Zahid 10 Mohammad Member High Male Laghman 48 Pashto Hasan School Mamozai 11 Wazhma Member Bachelor Police Female Kunar 48 Pashto Sapai Academy 12 Delawar Member Bachelor Police Male Baghlan 48 Dari Aimaq Academy 13 Haji Sakhi Member Diploma High Male Kunar 47 Pashto Mushwanai School 14 Ibrahim Member ACKUDiploma High Male Ghor 45 Dari Malekzada School 15 Shekiba Member Bachelor Bachelor Female Kandahar 35 Pashto Hashemi 16 Mohammad Member Diploma High Male Kandahar 34 Pashto Naim Lalai School 17 Najia Aimaq Member Bachelor Economics Female Paktika 43 Pashto 18 Haji Member Madrasa Religious Male Ghor 41 Dari Keramuddin Studies Rezazada 19 Ataullah Jan Member Bachelor Economics Male Kandahar 28 Pashto Habib 20 General Member Diploma Police Female Kabul 47 Dari Nazifa Zaki Academy 21 Hazrat Ali Member Diploma High Male Nangarhar Pashaii
32 School 22 Haji Saleh Member Diploma High Male Konar 35 Pashto Muhamad School Saleh 23 Ahmad Khan Member Certificate Islamic Male Kondoz 50 Pashto Samangani Course
Only 3 members out of 23 members of internal security commission (14.3%) are professionals in this field and the rest (85.7%) are graduates of high schools or have higher education in other fields.39
Activities:
This commission, in the 16th parliamentary round (January 2011-July 2013), has had 131 regular sessions, 27 audition sessions, 55 drafts of the laws have been evaluated, 18 observations were conducted and 4 international agreements were approved. Meanwhile, 635 petitions submitted by people were referred to relevant government institutions.40
Direct Observation:
In commission’s session, the security situation in the center and provinces was discussed where officials from Ministry of Interior Affairs, Ministry of National Defense and National Directorate of Security were also present. These officials presented a report regarding the mechanisms of promotion to “general” grade for the officials of their institutions.
In the Ministry of National Defense, for the national Independence Day, 46 officials were promoted to “general” grade where this promotion was immediately granted to two of the officials and 44 others are to be granted.
Members asked questions regarding those officials who have already served in insecure provinces and the legal clause where these officials, after 3 years, should be transferred to safe provinces. The officials answered to these questions; however, the members of the commission did not find the answers satisfactory. The final decision was that military officials who have already spent 3 years in southern provinces should be transferred to northern and eastern provinces and vice versa.
This commission lacks qualitative and quantitative knowledge and skill to evaluate security situation ACKU of the country. There are few cases of observation conducted by this commission and representation, which is another important function of the commission, is not performed. Despite this, the presence of our parliamentary observer in one of the sessions concludes that the members of the commission do pay attention to the issues brought in the agenda.
39 Wolesi Jirga’s official gazettes of the 16th parliamentary round. 40 Activities of the commissions are reported based on documents and information provided by officials of these commissions.
33 Members of National Defense and Territorial Integrity Commission No. Name Position Education Field Gender Province Age Language 1 Humayoon Chairman Diploma High Male Khost 37 Pashto Humayoon School 2 Haji Agha Deputy Secondary Secondary Male Kapisa 54 Pashaii Jan School School 3 Ali Akbar Secretary Diploma High Male Ghazni 57 Dari Qasemi school 4 Shaista Member Diploma High Female Kunduz 35 Pashto Naseri School 5 Mullah Member Diploma High Male Kabul Ezatullah School Atef 6 Muhammad Member Male Kabul Ibrahem Qasemi 7 Haji Member Secondary Male Jawzjan 57 Turkmani Muhammad school Ismail 8 Haji Member Religious Male Faryab 48 Uzbeki Fathullah Madrasa Qaisari 9 Khaled Member Bachelor Male Administration 54 Pashto Pashton 10 Shukria Member Bachelor Female Archeology 39 Pashto Barakzai 11 Gul Member Madrasa Male Faryab 40 Uzbeki Mohammad Pahlawan 12 Nesar Member Diploma High Male Heart 50 Dari Ahmad School Ghuryani None of the members of this commission (0%) possess relevant professional studies in the field of defense and territorial integrity. In addition, only 2 members have Bachelors in Law and Archeology, and the rest have high school studies or even lower than that. Activities: ACKU This commission, in the 16th parliamentary round, has had 94 regular sessions, 13 audition sessions and 25 interrogative sessions. 23 law drafts have been evaluated and the commission has observed in 19 issues. Meanwhile, the commission has received 430 petitions and referred them to relevant institutions.
Direct Observation:
In a session in which Institute’s observer was present, the security situation in the center of the country and provinces was discussed. Main role that Ministries of Interior Affairs and National Defense and National Directorate of security can play in identifying the causes of recent insecurities, planning for the security of election centers, short term and long term strategic planning for the
34 period after the transition of security responsibilities and finally causes of insecurity in transit routes, were the main subjects on which the commission had discussions.
Qualitative and quantitative composition of this commission does not comply with its duty to study, evaluate and make recommendations regarding defensive issues. No military expert and policy maker exists in this commission who could recommend good policies and plans.
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35 Members of Financial, Budgetary and Banking Commission No. Name Position Education Field Gender Province Age Languag e 1 Haji Amir Chairma Baccalaureat Male Khan Yar n e 2 Mohamma Deputy Bachelor Literature Male Baghlan 36 Dari d Azim Mohseni 3 Eng. Kamal Secretar Masters Manageme Male Kunduz 38 Pashto y nt 4 Liaqatullah Member Diploma High Male Khost 35 Pashto Babakarkhe School l 5 Haji Member Diploma High Male Logar 31 Pashto Mohamma School d Akbar Stanikzai 6 Sediq Member Bachelor Sciences Male Parwan 59 Dari Ahmad Usmani 7 Shinkai Member Bachelor Political Female Kabul 49 Pashto Karokhel Sciences 8 Sadeqi Member Bachelor Religious Male Daikundi 45 Dari Zada Nili Sciences 9 Zakia Member Bachelor Sciences Female Parwan 33 Dari Sangin 10 Homa Member Bachelor Engineerin Female Ghazni 37 Dari Sultani g
11 Rayis Abdul Member Diploma High Male Takhar 42 Dari Baqi School 12 Zaifoon Safi Member Female Daikundi 13 Hamida Member Bachelor Engineerin Female Maidan 37 Dari Akbari g Wardak 14 Eng. Sayed Member Bachelor Engineerin Male Nangarha 42 Dari Ikram g r 15 Baz Member DiplomaACKU High Male Jawzjan 47 Dari Mohamma School d Jawzjani 16 Ruqia Member Diploma High Female Ghor 33 Dari Nayel School From 16 members of this commission, 11 members (64%) have bachelors as stated and the rest are graduated from high school. None of the members of this commission (0%) have professional studies related to the function of this commission which is about financial, budgetary and banking issues.
Activities:
In the 16th parliamentary round, this commission has had 98 regular sessions, 39 audition sessions and 20 interrogative sessions. 69 law drafts have been evaluated in total and 4 agreements were approved. There has been observation in 6 issues by this commission and 976 letters and petitions were referred to relevant government institutions.
36 Direct Observation:
Institute’s observer participated in 3 consecutive sessions of this commission. Public calculations and banking issues were discussed while Minister of Public Health, Administrative Deputy and Director of the Treasury of the Ministry of Finance, Professional Deputy of Audit Administration, Procurement Deputy of the Ministry of Interior Affairs, Deputy of the Ministry of National Defense and Financial Deputy of the Independent Directorate of Local Governments IDLG were present.
In another day, a joint session of 8 commissions took place where the financial report of 2012 was discussed. This session revealed that less than 50% of the national budget in 2012 was spent. Central Audit Administration reported that legal procedures have been breached with regards to 2012 budget. Ministries of Interior Affairs, National Defense, Finance, Independent Directorate of Local Governments and Ministry of Public Health, have been in breach of legal provision in spending their budgets. That is to say, code number 21 is a saving financial code that could not be spent, but the mentioned ministries have transferred money from this code to code number 20 which is an expenditure code.
Qualitative composition of this commission is in the lowest possible. In the session where Institute’s observer was present, the commission could identify the low expenditure rate of the government institutions from their budgets, but could not identify the reasons.
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37 Members of Petitions and Complains Commission No. Name Position Education Field Gender Province Age Language 1 Haji Obaidullah Chairman Diploma High Male Uruzgan 52 Pashto barekzai School 2 Haji Deputy Diploma High Male Herat 47 Dari Mohammad School Aref tayeb 3 Abdali Secretary Samangan Mohammadi 4 Wakil Abdul Member Bachelor Law Male Takhar 56 Dari jabbar 5 Dr. Ismatullah Member Bachelor Medicine Male Nangarhar 37 Pashto Shinwari 6 Abdul jabbar Member Bachelor Military Male Helmand 51 Pashto Qahraman 7 Haji Khair Member Diploma High Male Sar e Pul 49 Dari Mohammad School Aimaq 8 Ezzatullah Atef Member Diploma High Male Kabul 51 Dari School 9 Amirjan Member Diploma High Male Nangarhar 51 Pashto Dawlatzai School 10 Abdul Ghafar Member Diploma High Male Nangarhar 54 Pashto Qayel School 11 Rahman Member Bachelor Religios Male Balkh 34 Dari Rahmani Sciences 12 Haji Allah Gol Member 11th Male Kabul 44 Pashto Mujahed Class 13 Haji Makhdom Member Diploma Religious Male Samangan 57 Dari Mujibullah Sciences Forqani 14 Abdul hadi Member Diploma High Male Herat 50 Dari Jamshidi School From 14 members of the commission of petitions and complains, 4 members (28%) have higher education. The other members (72%) are graduated from high school. Activities: ACKU This commission, during the 16th parliamentary round until July 2013, has had 96 regular sessions, 22 audition sessions and 26 interrogative sessions. 15 drafts of the law have been evaluated and the commission has participated in 8 observatory issues. Meanwhile, the commission has received 1606 petitions and letter which have been referred to relevant institutions after a study within the commission.
Direct Observation:
In this commission’s session, financial and administrative deputy, director of properties and land distribution director were present from Kabul Municipality where some petitions regarding land issues were discussed.
38 This commission as its name indicates, deals with the petitions and complains referred by people. The high number of petitions and letters referred by this commission to relevant government institutions points out the good performance of this commission with regards to petitions.
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39 Members of Women Affairs, Civil Society and Human Rights Commission No. Name Position Education Field Gender Province Age Language 1 Fawzia Chairwoman Masters Administration Female Badakhshan 36 Dari Kufi and Trade 2 Aziza Jalis Deputy Bachelor Literature Female Sar E Pul 47 Uzbek 3 Ustad Secretary Masters Law Male Badghis 41 Dari Ghulam Sarwar Faiz 4 Dr. Member Bachelor Chemistry Female Samangan 26 Dari masooma Khawari 5 Maryam Member Diploma High School Female Takhar 41 Dari Kufi 6 Torpekai Member Bachelor Literature Female Kabul 41 Pashto Patman 7 Ustad Member Diploma High School Female Kabul 31 Dari Rababa Parwani 8 Shirin Member Diploma High School Female Daikundi 31 Dari Mohseni
From 8 members of women affairs, civil society and human rights commission, 5 members (62.5%) have higher education and the rest (47.5%) are graduated from high school.
Activities:
This commission has had 91 regular sessions, 29 audition sessions, 2 interrogative sessions and 12 joint sessions. 36 drafts of the laws have been evaluated and the commission has supervised 26 issues besides 6 representation cases. Meanwhile, 337 petitions and letters were received and referred to relevant institutions.
Direct Observation:
In one of the sessions of this commission, the allocation of 1 seat to believers of Sikh and Honudh religions was discussed with taking into consideration the reasons stACKUated by legislative commission. The reason provided was that since allocation of 1 seat to a group of less than 1000 people is not permissible according to the constitution, there should be schemes to promote the participation of these religious groups in national assembly. Afterwards, the amendments recommended by internal affairs commission regarding the local administrations were discussed. The agenda of the chairmen’s committee and joint session of the 18 commissions was read and the draft of the law on structures and competences of special courts was discussed and sent to the relevant commission after some amendments.
The main specification of this commission is presence of majority of female members compared to male members which somewhat assures the proceeding and reflection of issues related to women affairs through this commission. Considering the important issues related to Human Rights and Civil Society in Afghanistan, the function of this commission has not been significant.
40 Members Legislation Commission No. Name Position Education Field Gender Province Age Language 1 Qazi Nazir Chairma Diploma Religious Male Herat 52 Dari Ahmad n Sciences Hanafi 2 Ahmad Deputy Baccalaureat Anthropolog Male Herat 38 Dari Behzad e y 3 Haji Allah Secretar Bachelor Journalism Male Kunduz 38 Turkmeni Nazar y Turkman 4 Sayed Member Diploma Religious Male Badghis 48 Dari Mohamma Sciences d Musa Jenab 5 Rahguzar Member Masters Managemen Male Balkh 45 Dari Saheb t 6 Sayed Member Bachelor Literature Male Baghlan 75 Dari Mansour Naderi 7 Mohamma Member Bachelor Theology Male Kabul 54 Dari d Yunos Qanooni 8 Baktash Member Bachelor Political Male Kabul 28 Dari Siavash Sciences There are only 8 members in this commission out of which only 5 members have higher education while none of the members (0%) have expertise in legislation.
Activities:
This commission, in the 16th parliamentary round, has had 118 regular sessions, 8 extra ordinary sessions, 2 interrogative sessions and 19 joint sessions. 51 drafts of the laws have been evaluated and studied and 8 agreements approved. This commission has referred 164 letters and petitions to relevant institutions.
Direct Observation:41 All of the members of this commission are men and nonACKU-completion of the quorum has been a key challenge for the function of this commission where in some sessions it was reported that only the chairman of the session is present. Most of the members of this commission are leaders and members of political parties who are mostly busy in their political activities during the sessions of this commission. Instead discussing the laws and drafts, the commission focuses on petitions and does not have a specific action plan for its work. Even if the commission creates a plan for a specific issue, it would not be implemented. Legislation is one of the most important functions of Parliament while this commission is in a very low qualitative and quantitative level. Lack of expertise in
41 Institute’s observer has participated in sessions of commissions in September and October 2013 and witnessed the functions of these commissions. In addition, the observer collected some information from the officials and secretaries of these commissions by a questionnaire. This information is reflected under “Direct Observation” in each section.
41 legislation within the structure of this commission indicates that positive changes in legislation is still challenging.
Members of Legal and Judicial Commission No. Name Position Education Field Gender Province Age Language 1 Saranwal Deputy Baccalaureate Male Badakhshan 38 Dari Abdul Raof 2 Haji Secretary Bachelor Theology Male Balkh 44 Dari Mohamma Abdah 3 Mohammad Member Diploma Religious Male Takhar 56 Uzbeki Kabir Studies Marzban 4 Sayed Member Master Religious Male Sar e Pul 37 Dari Mohammad Studies Hasan Sharifi 5 Mohammad Member Masters Law Male Farah 65 Dari Sarwar Usmani Farahi 6 Qurban Ali Member Bachelor Chemistry Male Samangan 26 Dari Erfani 7 Eng. Nafisa Member Bachelor Engineering Female Ghazni 38 Dari Azimi From 6 members of legal and judicial commission, 5 members (71%) have higher education including 3 members in religious studies and 1 member in law. Consequently, this commission seems a rather more professional commission.
Activities:
This commission during the 16th parliamentary round has had 115 regular sessions, 23 audition sessions, 8 interrogative sessions and 26 joint sessions. Meanwhile it has evaluated 61 law drafts and observed 6 issues. It has referred 695 petitions and lettersACKU to its relevant institutions. Direct Observation:
Institute’s observer expected a session of this commission for two consecutive days but there was no session. In one of the sessions, only one member participated and due to that, non-completion of the quorum is one of the challenges for this commission and its functions. This is basically because the members of this commission are members and leaders of political parties and are usually very busy in their political activities. Finally, there was a session where some government institutions reported about their anti-corruption efforts.
There was also a session where the budget report of 2012 was discussed and members of the commission evaluated the details stated in the report. That session decided to continue its evaluation and present its results to the special commission in a unified draft.
42 Members of National Economy Commission No. Name Position Education Field Gender Province Age Language 1 Haji Mir Chairman Bachelor Military Male Parwan 49 Dari Rahman Rahmani 2 Eng. Deputy Masters Management Male Kabul 40 Pashto Shirwali Wardak 3 Fawzia Secretary Bachelor Journalism Female Kabul 41 Dari Naseryar 4 Ghulam Member Diploma High School Male Balkh 41 Dari Abbas Ibrahimzada 5 Asadullah Member Diploma High school Male Balkh 46 Dari Sharifi 6 Shukria Member Bachelor Economics Female Kunduz 43 Uzbeki Paikan 7 Haji Abdul Member Bachelor History and Male Maidan 56 Pashto Majid Philosophy Wardak Wardak 8 Qudratullah Member Bachelor Journalism Male Takhar 32 Uzbeki Zaki 9 Ahmad Member Bachelor Engineering Male Balkh 41 Dari Shah Ramazan 10 Mohammad Member Diploma High School Male Herat 34 Dari Reza Khoshak Watandost 11 Samiullah Member Diploma High School Male Farah 32 Dari Samim 12 Dr. Fatima Member Bachelor Medicine Female Kunduz 39 Dari Aziz 13 Ramazan Member Diploma High School Male Kabul 33 Dari Jumazada 14 Safia Aimaq Member Diploma Education Female Badghis 44 Dari 15 Haji Member ACKUBachelor Engineering Male Faryab 51 Dari Mohammad Hashem 16 Rangina Member Bachelor Economics Female Faryab 25 Dari Kargar 17 Frshta Member Bachelor Laboratory Female Nemroz 36 Dari Amini 18 Shakela Member Bachelor Pharmacy Female Logar 43 Dari Hashimi 19 Monawer Member Master Political Male Herat 44 Dari Shah Sciences Bahadori 20 Habina Member Bachelor Pharmacy Female Takhar 30 Dari Danish 21 Ahmad Member Diploma High school Male Herat 36 Dari
43 Farhad Majedi 22 Haji Ghulam Member Diploma High school Female Herat 56 Dari Faroq Nazari
From 22 members of the national economy commission, 14 members (63%) have higher education and only 7 members (31%) have higher education in economics and engineering. The rest of the members (38%) are graduated from high school.
Activities:
Since the beginning of the 16th parliamentary round, this commission has had 113 regular sessions, 26 audition sessions and 14 joint sessions. Meanwhile, 20 drafts of various laws were evaluated and the commission conducted observation in 12 cases. In addition, 34 agreements were evaluated and approved and 519 petitions were referred to relevant institutions.
Direct Observation:
In 3 sessions where Institute’s observer was present, Minister of Commerce, Finance and officials from government institutions were invited regarding the importation of low quality fuel and not spending their development budgets in 2012. Ministry of Commerce and Industry has permitted Ghazanfar Group of Companies to import 500 tons of fuel which includes petrol and diesel. The members stated that these products contain poisonous ingredients due to their low quality. Findings show that Ghazanfar Group imports cheaper products to evade taxes and sell those products after mixing them with other products inside Afghanistan. Minister of Commerce and Industries states that he has established a special commission to evaluate this issue and report to president’s second deputy.
Anwarulhaq Ahadi (Minister of Trade and Commerce in that time) elaborated about the budget allocated to that ministry and the development budget’s expenses for the first six months of the year. He further stated that the Ministry of Commerce and Industries has spent 35% of its budget in the first 6 months of the year. He mentioned that the significant achievement of the Ministry of Commerce and Industries in the current year is the 40% increase in Afghanistan’s exports. He also ACKU stated that Afghanistan will soon become a permanent member at World Trade Organization which is considered another significant achievement.
Technical deputy of the national standard administration elaborated about that administration’s budget and development projects and stated that national standard administration has spent 76% of its budget. He also provided detailed information about quality control laboratories to identify the quality of petroleum, construction light industry and medical products.
Minister of Economy provided information about that ministry’s budget that has been spent in 6 central procurement projects. He further stated that allocated budget to this ministry was 9.062 million dollars in 2012 and this ministry has spent 5.609 million dollars (62%).
The activities and functions of the national economy commission is not considered adequate because the commission is mostly convinced by elaborations provided by those invited to the
44 commission and does not provide for any recommendations in order to improve national economic situation.
Members of Counter Narcotics, Alcoholic Drinks and Ethical Immorality Commission No. Name Position Education Field Gender Province Age Language 1 Haji Mullah Chairman Diploma Religious Male Kochi/Nomad 38 Pashto Tarakhel Sciences Mohammadi 2 Chaman Secretary Bachelor Fine Arts Male Ghazni 37 Dari Shah Etemadi 3 Haji Member Bachelor Religious Male Kunar 39 Pashto Mawlawi Sciences Shazada Shahed 4 Khodada Member Diploma Baccalaureate Male Ghazni 58 Dari Erfani 5 Haji Member Diploma High School Male Helmand 35 Dari Mohammad Wali Alizai 6 Abdul Member Diploma High School Male Helmand 36 Pashto Wadood Popal 7 Haji general Member Diploma High School Male Laghman 50 Pashto naqibullah 8 Pirbakhsh Member Diploma High School Male Nagarhar 47 Pashto Gerdiwal
From 8 members of this commission 2 members (25%) have higher education and the rest are graduates of high schools. However counter narcotics effort does not require a specific skill and profession, yet practical experience is very important.
Activities:
This commission has had 101 regular sessions, 17 audition sessions and 18 joint sessions. 21 drafts of the laws have been evaluated ACKU and the commission has observed in 12 cases. Meanwhile, it has received 141 petitions and letters from people and referred them to relevant institutions.
Direct Observation:
In one of the sessions of this commission, some documents received from Jangalak Hospital and strategic cooperation agreement between Islamic Republic of Afghanistan and Norwegian Royal Government were discussed.
This commission has not performed any of basic duties granted to it and has not provided any manuals and instructions for its sub-committees.
45 Members of Post, Telecommunication, Urban Development, Water, Electricity and Municipality Affairs Commission
No. Name Position Education Field Gender Province Age Language 1 Qais Hasan Chairman Diploma Management Male Kabul 32 Pashto 2 Haji Deputy Bachelor Law Male Kabul 42 Dari Mohammad Farhad Seddiqi 3 Eng. Secretory Bachelor Engineering Male Faryab 56 Uzbeki Mohammad Hashem Ortaq 4 Haji Ali Member Diploma High School Male Logar 58 Pashto Mohammad Shahidi 5 Fawzia Member Bachelor Female Faryab 41 Dari Raoofi 6 Ghulam Member Diploma High School Male Herat 46 Dari Farooq Majrooh 7 Nasima Member Diploma Education Female Helmand 45 Pashto Niazi 8 Shahgol Member Bachelor Political Female Ghazni 31 Dari Rezaei Sciences 9 Abdul Member Bachelor Police Male Jawzjan 49 Uzbeki Sattar Academy Darzyabi 10 Abdul Member 9th class Male Takhar 53 Uzbeki Wahed Faqrzada 11 Erfanullah Member Bachelor Law Male Kabul 40 Dari Erfan 12 Moalem Member Diploma Education Male Kundiz 65 Turkmeni Chari 13 Habiba Member Bachelor Economics Female Helmand 45 Pashto Sadat ACKU 14 Dr. Mirbat Member Bachelor Medicine Male Khost 41 Pashto Khan Mangal 15 Mamoor Member Diploma High School Male Farah 56 Pashto Mosa Khan Nasrat 16 Mohammad Member Bachelor Law Male Paktia 31 Pashto Ibrahim Gekhtelai 17 Fariba Member Diploma High School Female Kandahar 37 Pashto Ahmadi Kakar 18 Dr. Member Bachelor Medicine Male Kabul 30 Pashto Obaidullah
46 Kalimzay Wardak 19 Sayed Ikram Member Bachelor Sciences Male Takhar 56 Dari Masoomi 20 Breshna Member Bachelor Education Female Balkh 48 Dari Rabi 21 Eng. Saheb Member Bachelor Agriculture Male Logar 54 Pashto Khan 22 Najla Member Bachelor Political Female Herat 48 Dari Dehqan Since Nezhad
From 22 members of this commission, 13 members (57%) have higher education, but except one engineer and one economist, other members do not have expertise in the fields which are relevant to the function of this commission.
Activities:
This commission has had 118 regular sessions, 41 audition sessions and 7 interrogative sessions as well as 5 joint sessions. It has evaluated 44 drafts of the laws and observed over 10 cases. Meanwhile, 521 petitions were referred by this commission to relevant institutions.
Direct Observation:
In the sessions of this commission where the Institute’s observer was present, problems of residents of the third Macroryan was discussed and it was decided that officials from Ministry of Urbanization, Kabul Municipality and Police Chief Commander Office shall visit the area and report their findings to the commission for further decisions.
Regarding the budget report of 2012, deputy Minister of Water and Energy elaborated about the work plan of that ministry. Members of the commission asked some questions about Kajaki, Kamal Khan, Saroubi, Shah wa Aros, Salma, Pash Dan, Almar and Bakhsh Dan water dams and other issues related to electricity. After hearing the answers, the commission decided that Ministry of Water and Energy together with officials of Breshna Sherkat, should take practical steps to solve electricity difficulties of Khost and Logar provinces during winter as well as tackling same problems in Herat ACKU Province.
The commission did have an achievement at least in those sessions where Institute’s observer was present. However, the name of the commission includes several similar fields which require different professions, skills and expertise. The commission has not been able so far to indicate a significant step towards complying its duties, in any of the relevant fields.
47 Members of Religious Affairs, Cultural, Education and Higher Education Commission No. Name Position Education Field Gender Province Age Language 1 Hila Ershad Chairwoma Bachelor Political Female Kochi/Noma 43 Pashto n Sciences d 2 Kamal Deputy Bachelor Law Male Khost 34 Pashto naser Osooli 3 Mohamma Secretary Masters Psychology Male Ghazni 40 Dari d Ali Akhlaqi 4 Fahima Member Bachelor Law Female Jawzjan 39 Dari Sadat 5 Amanullah Member Bachelor Law Male Badakhshan 45 Dari Paiman 6 Haji Mullah Member Madrasa Male Kandahar 52 Pashto Sayyed Mohamma d Akhond 7 Gen. Abdul Member Diploma Military Male Kandahar 52 Pashto Khaleq Bala Karzai 8 Homaira Member Bachelor Mathematic Female Farah 39 Pashto Ayubi s 9 Khalilullah Member Diploma High School Male Herat 39 Pashto Shahidzada 10 Mohaqeq Member Masters Sciences Khost 50 Pashto Sahera Sharif 11 Sima Member Diploma High School Female Ghor 40 Dari Joyanda 12 Saifora Secretary Bachelor Sciences Female Balkh 48 Dari Niazi 13 Abdul Member Masters Male Parwan 40 Pashto Sattar Khawasi 14 Mirwais Member Masters Political Male Nangarhar 47 Pashto Yasini ACKUSciences 15 Najia Member Bachelor Economics Female Paktika 43 Pashto Babakarkh el 16 Dr. Member Masters Dari Male Baghlan 56 Dari Mayuddin Literature Mahdi 17 Same’a Member Masters Economics Female Parwan 41 Pashto Aziz Sadat 18 Abdul Member Bachelor Journalism Male Zabul 47 Pashto Qader Qalatwal 19 Abdul Member 14th Class Sciences Male Kandahar 30 Pashto Rahim Ayubi
48 20 Abdul Member Diploma High school Male Kondoz 53 Dari Wodod Paiman 21 Razia Member Bachelor Accounting Female Paktia 38 Pashto Mangal
From 21 members of this commission, 15 members (70%) have higher education and 6 members (30%) are graduated from high school. Based on professional requirements, the expertise the members of this commission possess does not answer to the requirements for the function of this commission.
Activities:
In the mentioned period, this commission has had 86 regular sessions, 25 auditions sessions, 6 interrogation sessions and 9 joint sessions. 5 drafts of the laws have been evaluated and 5 observations conducted. Meanwhile, the commission has had 731 letters and petitions which were referred to relevant institutions.
Direct Observation:
10 members of this commission are women and 4 members of the commission are permanently absent however the deputy of the commission did not want to name these 4 members.
This commission does not have an action plan for its work and usually faces problems for the completion of quorum for its sessions.
In the session where Institute’s observer was present, Minister of Education was invited to provide information about problems for re-activating ministry’s press. However, the minister did not come to this sessions and it was delayed to the next session. Institute’s observer was present in the next sessions which focused on petitions.
This commission also includes several fields and the commission has not performed any significant duty for any of these fields. ACKU
49 Members of Health, Sport, Labor and Youth Commission No. Name Position Education Field Gender Province Age Language 1 Dr. Naqibullah Chairman Bachelor Medicine Male Faryab 29 Dari Fayeq 2 Dr. Deputy Bachelor Medicine Male Paktia 38 Pashto Mujiburrahman Samkanai 3 Sayed Anwar Secretary Bachelor Journalism Male Sar e Pul 40 Uzbeki Sadat 4 Mohammad Member Bachelor Medicine Male Herat 48 Dari Saleh Saljuqi 5 Dr. Zahir Sadat Member Masters Pharmacy Male Panjsher 37 Dari 6 Haji Member Secondary Male Jawzjan 57 Turkmeni Mohammad School Ismail 7 Dr. Parwin Member Bachelor Pharmacy Female Nuristan 36 Nuristani Nuristani 8 Dr. Enayatullah Member Bachelor Pharmacy Male Jawzjan 34 Uzbeki Babor Farahmnad 9 Gulalai Noor Member Bachelor Medicine Female Balkh 45 Pashto Safi 10 From 10 members of this commission, 9 members (90%) have higher education in medicine and pharmacy which is related to one of the fields for which this commission is created.
Activities:
This commission has had 68 regular sessions, 19 audition sessions, 8 interrogative sessions and 2 joint sessions. Meanwhile, it has evaluated 10 drafts of the laws, 9 observations and 13 agreements have been evaluated by this commission. It has also received 221 petitions and letters and referred to relevant institutions.
Direct Observation:
In this commission’s session, the members decided to invite lawyers, civil society representatives and officials from relevant ministries for the next session to discuss in details about the draft of the ACKU law on control of tobacco. In addition, the draft of the recommendations on the custodianship law suggested by the legal and judicial commission was discussed and approved.
Concerning labor and youth, the commission lacks professionals in these fields. There is one member in the commission with even less that high school studies.
50 Members of Disabled, Martyrs Remnant and Widows Commission No. Name Position Education Field Gender Province Age Language 1 Hamidullah Deputy Diploma High Male Zabul 48 Pashto Tokhi School 2 Sayed Secretary Diploma High Male Ghor 52 Dari Nader Shah School Bahr 3 Dr. Member Masters Law Male Kabul 45 Dari Ramazan Bashardost 4 Dr. Member Bachelor Medicine Male Ghazni 57 Dari Mohammad Aref Shan Jahan 5 Kobra Member Bachelor Social Female Kabul 41 Dari Mostafawi Sciences
From 5 members of this commission, 3 members (50%) have higher education and the rest are graduated from high school.
Activities:
This commission has had 102 regular sessions, 22 audition sessions and 6 joint sessions. Meanwhile, it has evaluated 20 drafts of the laws and referred 547 petitions and letters received from people, to relevant institutions.
Direct Observation:
This commission evaluated the draft of the custodianship law and recommended some amendments in this draft. Afterwards, the draft of the local governance law was evaluated and an amendment was suggested regarding article 13 of this draft.
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Members of Nomads, Tribes, Refugee Affairs and Internal Displacement Commission No. Name Position Education Field Gender Province Age Language 1 Haji Chairman Bachelor Law Male Kochi/Nomad 40 Pashto Mohammad Nazir Ahmadzai 2 Hamida Deputy Diploma High School Female Kochi/Nomad 29 Pashto Ahmadzai 3 Mohammad Secretary Diploma Management Male Kochi/Nomad 35 Pashti Yousof Saber 4 Haji Haidar Jan Member Diploma High School Male Kochi/Nomad 38 Pashto Naim Zoi 5 Haji Sher Ali Member Diploma High School Male Kochi/Nomad 32 Pashto
51 Ahmadzai 6 Haji Member Diploma High School Male Kochi/Nomad 35 Pashto Habiburrahman Afghan 7 Parwin Durani Member Diploma Education Female Kochi/Nomad 40 Pashto
From 7 members of this commission, all of the members are graduated from high school which reflects the real situation of nomads.
Activities:
This commission has had 104 sessions in total, 11 audition sessions, 6 interrogative sessions and 1 joint session. Meanwhile, 28 drafts of the laws have been evaluated by this commission and 12 observations were conducted. It has also received 660 letters and petitions and referred them to relevant institutions.
Direct Observation:
In one of the sessions of this commission, the members discussed about the participation of Afghans residing abroad and they stated that there should be appropriate mechanisms to facilitate the participation of 5 million Afghans residing in Iran and Pakistan. With the significant importance of the issue, the members asked officials of Ministry of Foreign Affairs to follow the official letter of the Independent Election Commission in this regard.
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52 Members of Environment and Natural Resources Commission No. Name Position Education Field Gender Province Age Language 1 Mohammad Chairman Bachelor Law and Male Badakhshan 40 Dari Zekria Political Sawda Science 2 Haji Qurban Deputy Diploma High Male Ghor 50 Dari Kuhestani School 3 Abdul Secretary Bachelor Academy Male Bamyan 48 Dari Rahman Shahidaei 4 Sayed Member Bachelor Literature Male Kunduz 39 Dari Dawood Naderi 5 Obaidullah Member Bachelor Agriculture Male Baghlan 48 Dari Ramin 6 Sayema Member Bachelor Sciences Female Nangarhar 39 Pashto Khogyani 7 Safiullah Member Diploma High Male Badakhshan 35 Dari Muslim School 8 Haji Abdul Member Diploma High Male Kandahar 30 Pashto Rahim School 9 Gol Member Bachelor Literature Male Paktia 45 Pashto Padshah Majidi 10 Muhaqeq Member Masters Education Female Khost 50 Pashto Sayera Sharif From 10 members of environment and natural resources commission, 7 members (70%) have higher education and 3 members (30%) are graduated from high school. From a professional point of view, only one member has relevant education in economic fields and the other 9 members have education which is not very beneficial for the work of this commission.
Activities:
This commission has had 101 regular sessions, 4 audition sessions, 18 interrogative sessions and 14 joint sessions. Meanwhile, it has evaluated 6 drafts of the laws and conducted observation in 13 cases as well as 2 representation ACKU cases. The commission has referred 165 petitions to relevant institutions.
Direct Observation:
In one of the sessions of this commission where Institute’s observer was present, the draft of the mines law was discussed and the discussion was extended to the next session. In the next session, deputy of the commission, first deputy and secretary of Wolesi Jirga, representatives of some commissions, Transparency Watch, representatives from Chamber of Commerce and Ministry of Water and Energy, professors from Kabul University and experts of mining issues participated and stated about the importance of some workshops about this law. Afterwards, the experts stated their opinions about the law, mining contracts, licensing mechanisms, investments in mining and environmental issues.
53 This commission does not have any significant achievement in environment and natural resources fields and is usually convinced by what the guests state as their opinions without having its own opinions or instructions.
Members of Commission on the Immunity and Privileges of Members of Wolesi Jirga No. Name Position Education Field Gender Province Age Language 1 Sharifullah Chairman Bachelor Law and Male Kabul 28 Pashto kamawal Political Sciences 2 Zahra Tokhi Secretary Bachelor Stomatology Female Zabul 43 Pashto 3 Haji hasan Member Bachelor Education Male Kochi/Nomad 60 Pashto Sahrayi 4 Feraidon Member Diploma High School Male Nangarhar 43 Pashto Khan 5 Mawlawi Deputy Bachelor Religious Male Nuristan 40 Nuristani Ahmadullah Sciencces Muwahid 6 Tahera Member Diploma Education Female Kapisa 47 Dari Mujaddadi 7 Dr. Nilofar Member Bachelor Medicine Female Badakhshan 36 Nuristani Ibrahimi 8 Abdul Member Diploma High School Male Farah 42 Pashto Sabor Khedmat 9 Raihana Member Diploma High School Female Uruzgan 29 Dari Azad 10 Masoda Member Bachelor Chemistry Female Herat 51 Dari Karokhi and Biology 11 Farkhunda Member Bachelor Law Female Kabul 29 Dari Zahra Naderi From 11 member of this commission, 7 members (63.3%) have higher education and the rest (36.6%) are graduated from high school. It is worth mentioning, this commission does not require any specific expertise, similar to some other commissions.ACKU Activities:
This commission has had 127 regular sessions, 13 audition sessions, 5 interrogative sessions and 3 joint sessions. Meanwhile, it has evaluated 20 drafts of the laws and 269 petitions were referred to relevant institutions.
Direct Observation:
In this commission’s session, the draft of the law on Value Added Tax VAT was discussed and the discussion was delayed to the next session. In the next session, the members exchanged their views and members decided to invite the expert from secretariat of Wolesi Jirga in order to provide professional information about the issue.
54 Members of Central Audit and Observation on Implementation of Laws Commission No. Name Position Education Field Gender Province Age Language 1 Abdul Latif Chairman Masters Religious Male Badakhshan 52 Dari Pedram Science 2 Asefa Deputy Bachelor Biology Female Faryab 46 Dari Shadab 3 Basher Secretary Bachelor Literature Male Faryab 37 Uzbeki Ahmad Ta Yanj 4 Mohammad Member Bachelor Religious Male Sar e Pul 48 Dari Hosais Sciences Fahimi 5 Ghulam Member Bachelor Religious Male Wardak 46 Dari Hosain Sciences Naseri 6 Abdul Hafiz Members Bachelor Journalism Male Kabul 48 Dari Mansoor 7 Mohammad Member Diploma High School Male Ghazni 46 Ali Alizada 8 Mohammad Member Bachelor Religious Male Ghazni 35 Dari Aref Sciences Rahmani 9 Asadullah Member Bachelor Literature Male Daikundi 45 Dari Sa’aadati 10 Sediqa Member Bachelor Management Female Wardak 41 Dari Mobarez From ten members of this commission, 9 members (90%) have higher education and one member is graduated from high school. The educational background of the members does not fit the scope of the work of this commission.
Activities:
This commission, since the beginning of the 16th parliamentary round until July 2013, has had 110 regular sessions, 17 audition sessions, 4 interrogative sessions, 8 joint sessions and 10 extra ordinary sessions. Meanwhile, it has evaluated 11 drafts of the laws and approved 13 agreements. In addition, it has sent 257 petitions submitted by people, to relevant institutions.ACKU Direct Observation:
The agenda in one of the sessions of this commission was two petitions submitted by other commissions but only Asadullah Sa’aadati (one of the members) was present. According to commission’s secretary, “this commission does not have anything to do, thus members are mostly absent in the sessions”. He also stated that the commission most of the times focuses on petitions and does not have a working plan.
This commission is one of the main commissions of Wolesi Jirga but as stated, it has not been able to have a significant performance regarding audit and overseeing the implementation of laws.
55 A Comparative Illustration of Education of Commission Members:
This chart indicates that on Average of Higher Educa on in Each average basis, among every 10 members of commission 39% Commission 44% 4 members have higher Average Exper se education. For example, a with Regards to the commission with 10 17% Commissions members in total will have Average Graduates four members with higher of High School in education with bachelors, Each Commission masters or PhD. In addition, out of every 10 members of the commissions, 2 members have relevant expertise which the scope of the work of that commission requires it. For example, if we consider the public health commission, from 10 members in this commission
only 2 members on average basis will have relevant medical studies. Among every 10 members of every commission, 4 members are graduated from high school. As it is obvious, the 18 commissions lack higher education and professional expertise among their members and this affects the decisions made by these commissions. ACKU
The distribution of the duties and titles among commissions are in a way that some commissions do not require a specific education or expertise. For instance, the Petitions and Complains Commission and Commission on Immunities and Privileges of Members of Wolesi Jirga however we could not ignore the important role of relevant experience for the function of these commissions.
56 Average Sessions of the Commissions since the Beginning of the 16th Parliamentary Round until July 2013:
An overview of the decisions and documents 6% of the commissions, it was Interroga ve found that principle 15% Sessions decisions are made in Audi on Sessions Regular Sessions, Audition 79% Sessions and Interrogative Regular Sessions sessions.
The statistics show that most of the sessions are regular sessions where
audition and interrogative sessions come afterwards.
The average number of sessions of the 18 commissions points out that the number of interrogative and audition sessions, as a mean of observation, are very
limited compared to regular sessions. ACKU
57 Elaboration of the Sessions of Wolesi Jirga’s Commissions:
- Average Performance of Wolesi Jirga’s Commissions since the Beginning of the 16 Parliamentary Round until July 2013:
3%
26%
Representa on Observa on Legisla on
71%
The 18 Commissions of Wolesi Jirga, have basically focused their performance on evaluating laws and legal drafts, observation and representation.
This chart indicates that average percentage of evaluation of laws ranks first in performance of the commissions with 71%, observatory performance ranks second with 26% and representation ranks in the third place with only 3%. ACKU These statistics show that the performance of these 18 commissions, with their 3 major types of duties, is not balanced.
58 A Comparison of 5 Sessions of Wolesi Jirga’s Commission42 No. Sessions First Second Third Fourth Fifth 1 Regular 355 251 360 486 372 2 Interrogative 5 0 33 75 47 3 Audition 128 47 11 83 39 4 Extra Ordinary 3 16 10 5 6 5 Joint 6 9 54 30 32 6 Consultative 0 8 0 13 17 7 Mixed 0 0 5 15 15 8 Provincial 0 10 1 29 17 Trips and Meetings 9 Meetings 5 5 10 7 36 10 Work on the 3 5 10 22 32 Laws 11 Work on the 8 8 6 20 8 Agreements 12 Petitions 1134 919 1186 1986 91 13 Letters 1288 1351 2569 3190 2415 Received 14 Letters Sent 1261 1742 3664 2712 2175
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42 Wolesi Jirga’s Official Gazette.
59
Chapter Two: Wolesi Jirga’s Coordination and Relations with Two Other Branches The Law on regulation of behavior and relationships The Law on regulation of behavior and relationships amongst amongst government government officials of the Government of Islamic Republic of officials regulates the Afghanistan provides information about the behavioral duties professional relationship and behavior amongst these and obligations of government officials and provides regulatory officials and contains 7 provisions for the behavior of the officials from executive chapters and 31 articles. branch with other government officials, officials from judicial branch with other government officials and finally, officials from legislative branch with other government officials.
This law is in fact, a principal framework for the behavior and relationships among the officials from the three branches of the government. Similar to most of the laws enforced, this law does not seem to practically govern the relationships among the Article 5: Accepting Criticism: officials. Is accepting gaps in performance of the duty and However this law does not specify the scope of the work for efforts to fill them. each of the branches and provides a set of general rules, but its proper application could assist the promotion of administrative Article 6: Impartial: Avoiding political, party and mechanisms of Afghanistan. Some provisions of this law provide organizational affiliations for being open to criticism, responsibility, accountability, while performing duty. avoiding conflict of interests, good sense of leadership and accessibility and government officials are obliged to promote the relationship amongst them and respect for the application of this regulation. For example, according to paragraph 7 of article 3 of this law, government officials are obliged to be present at their work on time as well as performing official duties during the work hours.43 Despite this article, continuous absence of some of the members of Wolesi Jirga and its commissions is a major challenge which delays the function of ACKU those commissions.
43 Paragraph 7, Article 3 of the Law on regulation of behavior and relationships amongst government officials.
60
None of the officials or representatives of Wolesi Jirga, have referred to this article to hold responsible those continuously absent. As observed in media, some members have tried to give an ethical dimension to this issue and some others have counted this problem as an inevitable or incurable problem since the names of those MPs who have been permanently absent was “We have some reports published for several times. that in majority of the commissions, not even 2 Once in the general assembly session, on 31 October 2013, members participate”. Wolesi Jirga’s chairman called these MPs’ names. Based on the Chairman of Wolesi Jirga statistics thereby provided, within 45 working days, 230 members have been absent for 8 days on average basis.
A simple government employee’s one-day salary would be deducted if absent without informing the administration and if it is 3 days absences (in row) he has to provide a proof of sickness, while such an employee would be fired if uninformed absence continues for 20 days. In Wolesi Jirga however, some MPs have been absent for more than 20 consecutive working days while the administrative board has just published their names without any measures taken. This illustrates that both the absent MPs and the administrative board, either don’t know about paragraph 7, article 3 of the above mentioned law or they ignore this provision.
Consequently, this provision is violated by those, who according to duty, are working for the legislative branch of the government and invite other to respect the implementation of those laws. This situation leads to a dramatic drop on public confidence in government.
Wolesi Jirga’s Coordination and Relationship with Two Other Branches:
There are many programs and statements about the coordination and relationship between the branches of the government, especially between legislative and executive branches. Either one have been accusing the other side with interference in their functions. The members of Wolesi Jirga are also divided in several parts and sometimes charge each other with various accusations in this regard. ACKU The Research Institute for Women, Peace and Security considering the importance of this coordination and relationship and the points that need to be improved, did not considering the media statements as sufficient and tried to access official information and primary resources through its parliamentary observer. Thus, we sent official letters to officials in the three branches of the government asking for information, in order to provide reliable information for its analysis.
61 Institute’s Letter to the Ministry of Parliamentary Affairs:
The Institute for Women, Peace and Security, had two main requests from the Ministry of Parliamentary Affairs in the letter sent to this ministry:
Firstly, How and it what level is the coordination and relationship between legislative, judicial and executive branches?
Secondly, what are the challenges from this ministry’s point of view, regarding coordination and relationship between the three branches and the solutions for these challenges?44
Response by the Ministry of Parliamentary Affairs:
Despite regular cooperation between the Ministry of Parliamentary Affairs and Research Institute for Women, Peace and Security, the information sent by that ministry, did not contain adequate information regarding coordination and relationship between the legislative, judicial and executive branches. The response neither provides the policy and opinions of that ministry regarding the solutions for the existing challenges. Unfortunately, Institutes analysts, using ministry’s response, have not been able to analyze the qualitative level of coordination and cooperation among the three branches. Thus, the Institute could not illustrate this level and neither could provide mechanisms for the betterment of coordination and cooperation.45
Letter to the Administrative Board of Wolesi Jirga:
Research Institute for Women, Peace and Security had a meeting with the first deputy of the Wolesi Jirga. Deputy of Wolesi Jirga appreciated efforts of the Institute and welcomed the findings of the first report and promised for further cooperation. In this meeting, the Institute submitted a letter requesting for information about cooperation from executive and judicial branches with Wolesi Jirga. The letter was then given to the secretariat of Wolesi Jirga and it was ordered to proceed with the provision of this information however, the secretariat not only didn’t provide any information in this regard, but also ignored continuous meeting requests submitted by Institute. Due to this, the qualitative analysis of coordination and cooperation the two other branches with legislative branch ACKU was impossible. Meanwhile, many members accuse the government of interfering in the function of Wolesi Jirga. But the administration of Wolesi irga does not cooperate in providing information and public access to information. Consequently, Research Institute for Women, Peace and Security was left unaware of this information that could improve relationships and practical cooperation.
44 See Annex 1. 45 See Annex 2.
62 Letter to Supreme Court:
The Institute sent a third letter with the same concept to Supreme Court where information regarding the level of cooperation and coordination of legislative and executive branches with the judicial branch was requested. Besides, Institute’s representatives attended several meetings in order to provide this information. After many days and following up the letter in several offices, the Supreme Court sent a letter containing its so-called attenuated opinion.46
In this opinion, after listing some obvious facts and stating an article from the constitution regarding the responsibilities of judicial branch, provision of the requested information is avoided. In this letter which is decorated with four signatures and two stamps, it is stated: “Supreme Court as the highest judicial body, heads the judiciary of Islamic Republic of Afghanistan and oversees the function of the courts. Consequently, it is not dependant on another institution’s observation. Research in Academic Issues which is one of the responsibilities of Research Institute for Women, Peace and Security, shall be carried out by that Institute without interference in Supreme Court’s Affairs that is an independent branch of the Government”.
The aim of the Research Institute for Women, Peace and Security as a civil society institution and a connecting bridge between the government and citizens, following article 50 of Afghanistan’s Constitution, is to acquire real data regarding coordination and cooperation between the branches of government and reflecting that information to citizens. This institute can promote this coordination and cooperation through collecting evident statements and information. Undoubtedly and contrary to what stated in attenuated opinion of Supreme Court, demanding information from government officials does not mean interfering in their tasks. On contrary, publishing evident information replaces controversial and partial media campaigns, through which citizens would be informed about the real progress and development. This is itself, one of the specifications of a democratic system and the Institute while believes that understatement does not mean that the realities do not exist, continues its duty to collect and publish information and create bridges between citizens and government. Research Institute for Women, Peace and security hopes that government officials, with a new democratic vision, will take practical steps towards transparency, accountability and responsibility and cooperate with relevant institutions in providing access to information for citizens. ACKU
46 See Annex 3.
63
Annex (1)
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64 Research Institute for Women, Peace and Security’s Letter to the Ministry of Parliamentary Affairs:
To The Ministry of Parliamentary Affairs 04/09/2013
After the presentation of our sincere salutations, we hereby state that the Research Institute for Women, Peace and Security (RIWPS) is a women-led initiative, created to promote women inclusion in peace building and leadership efforts. Conducting research, collecting evidence and documentation, protection and pleading through exchange of information, training, capacity building for women and coordination with other participators in peace building and security process are the most important missions and objectives of this Institute.
Empowering women and strengthening their strategic participation in facilitation for peaceful coexistence, rehabilitation of the war turn communities and relationships in public and national level, establishes the main spirit of the activities of this institute. For the purpose of sustainability of the efforts for provision of peace and security, there is a need for documentation and development of women’s role in these processes. The institute documents the participation of women in local leadership and connects the communities through mobilization, claim for justice and empowerment so they could be involved in decision making about their role, within the local and national governmental structures.
The Institute for Women, Peace and Security has two program schemes:
1- Inclusion of women in peace building within the provincial communities and national and governmental levels 2- Protection of women from gender based violence, as a needed pre-condition for their participation in peace and stability of Afghanistan.
Parliamentary watch is a test initiative of the Research Institute for Women, Peace and Security which is conducted with the goal to have a primary evaluation of the function of the Wolesi Jirga, including direct observation of parliamentary sessions in order to clarify transparency, compliance with Afghan Laws and impartiality inACKU application of internal and external decisions. The Institute conducts this study in two phases where in the first phase, it will conduct an evaluation in 4 months and then in the second phase it will conduct direct and indirect observation of the functions, decisions and public access to members of Wolesi Jirga.
One of the objectives in the second phase of the study, is to acquire evident and realistic information about coordination and cooperation among the three branches of government. We thus, request you to write us your opinion and information regarding coordination and cooperation of the legislative and judicial branches with the executive branch as well as your opinion about the solutions for potential challenges in this regard. The Institute believes that study and publishing realistic reports regarding this relationship and coordination by civil society institutions can increase the transparency and popularity of the three branches of the government amongst citizens and create powerful connecting bridges between these branches and citizens as well as international community. Institute for Women, Peace and Security, with presentation of its sincere gratitude, expects your
65 Kind cooperation in this regard. Please accept our warm wishes for your health and continued success.
With Best Regards,
Wazhma Frogh
Executive Director – Research Institute for Women, Peace and Security
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66
Annex (2)
Ministry of Parliamentary Affairs’ Response to the Institute:
Information about the Office of Minister of Parliamentary Affairs
The office of the Minister of Parliamentary Affairs was established at the end of 2006 right after the inauguration of National Assembly, as a connecting institution between the three branches of the government. During this period, the function of this office has had significant achievements as well as major challenges. The office of the Minister of Parliamentary Affairs, after a long period of partnership with the National Assembly and other institutions and the experience thereby gained, has identified capacity building for this Ministry as the key connecting point especially between the executive and legislative branches, as its main priority.
Objective:
Establishment and maintenance of efficient relationship through creating working relationship, based on the principle of legality, understanding, cooperation, mutual respect and sense of responsibility, understanding limitations and competences, among the three branches of the Government of Islamic Republic of Afghanistan.
Aims:
• Creating coordination between government, national assembly and judicial branch in order to strengthen the system and government objectives • Creating coordination between provincial councils, district councils and local administrations in their official proceedings • Following on time submission of the drafts of laws, decrees, international conventions and agreements to the National Assembly • Cooperation between the three branches of the government in order to proceed with legislation, regulations, international conventions and agreements • Coordination regarding audition sessions, interrogative and interpellation sessions in accordance with the Afghan ConstitutionACKU • Assuring the fulfillment of appointed tasks to the ministries and institutions of the Government of Islamic Republic of Afghanistan • Coordination with Wolesi Jirga sessions regarding the introduction of individuals stated in paragraphs (11&12) of Article 46 of the constitution • Cooperation on provision of coordination in submission of government budget and development plans to the National Assembly • Cooperation in order to prepare the legislations of National Assembly for presidential signature • Active role in resolution of problems and misunderstandings between the government, national assembly and Supreme Court of Islamic Republic of Afghanistan • Providing analytical notes regarding the functions of the national assembly to the President of Islamic Republic of Afghanistan and recommendations for the betterment of it • Cooperation and facilitation in order to promote efficient relationship between the government, national assembly and judiciary 67 • Effective work for on time proceeding of petitions and complains of citizens as well as official correspondence and letters received to this ministry, from the National Assembly • Capacity building for the employees of the ministry and preparations for professional trainings in the parliaments of other countries • Creating a structure for the office of the minister, according to the terms of reference • Evaluating the function of the office of the minister and preparing schemes to increase the quality and efficiency of the procedures • Preparing for new tasks that the constitution and other laws may provide for • Performing extra ordinary tasks assigned by the Presidential office
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Annex (3)
Supreme Court’s Response to Institute’s Letter:
Islamic Republic of Afghanistan
Supreme Court
To Research Institute for Women, Peace and Security!
In response to your letter #0029 of 8/9/2013,
The Directorate of Research and Studies Department in their letter #1147 of October 20, 2013, regarding the cooperation and coordination between judicial and executive
branches, has stated its attenuated opinion.
After the opinion was presented to his Excellency Chief Justice, the Chief Justice instructed as following:
Reviewed, 22 October 2013
The Secretariat!
Inform the requesting source about the opinion.
This instruction is sent to you and the attenuated opinion attached to this letter is sent to you in 1 page.
With Regards, ACKU Justice Atiqullah Raufi
Director of Secretariat of High Council
69
The Attenuated Opinion of the Directorate of Legal and Judicial Research of the Supreme Court of Islamic Republic of Afghanistan
The letter #0029 of 8/9/2013 of Research Institute for Women, Peace and Security attached to the letter #1516/2649 of the Office of Chief Justice was received in order to provide attenuated opinion and contains the following:
After the presentation of our sincere salutations, we hereby state that the Research Institute for Women, Peace and Security (RIWPS) is a women-led initiative, created to promote women inclusion in peace building and leadership efforts. Conducting research, collecting evidence and documentation, protection and pleading through exchange of information, training, capacity building for women and coordination with other participators in peace building and security process are the most important missions and objectives of this Institute.
Empowering women and strengthening their strategic participation in facilitation for peaceful coexistence, rehabilitation of the war turn communities and relationships in public and national level, establishes the main spirit of the activities of this institute. For the purpose of sustainability of the efforts for provision of peace and security, there is a need for documentation and development of women’s role in these processes. The institute documents the participation of women in local leadership and connects the communities through mobilization, claim for justice and empowerment so they could be involved in decision making about their role, within the local and national governmental structures.
The Institute for Women, Peace and Security has two program schemes:
1- Inclusion of women in peace building within the provincial communities and national and governmental levels 2- Protection of women from gender based violence, as a needed pre-condition for their participation in peace and stability of Afghanistan.
Parliamentary watch is a test initiative of the Research Institute for Women, Peace and Security which is conducted with the goal to have a primary evaluation of the function of the Wolesi Jirga, including direct observation ACKU of parliamentary sessions in order to clarify transparency, compliance with Afghan Laws and impartiality in application of internal and external decisions.
The Institute conducts this study in two phases where in the first phase, it will conduct an evaluation in 4 months and then in the second phase it will conduct direct and indirect observation of the functions, decisions and public access to members of Wolesi Jirga.
One of the objectives in the second phase of the study is to acquire evident and realistic information about coordination and cooperation among the three branches of government. We thus, request you to write us your opinion and information regarding coordination and cooperation of the legislative and judicial branches with the executive branch as well as your opinion about the solutions for potential challenges in this regard. The Institute believes that study and publishing realistic reports regarding this relationship and coordination by civil society institutions can increase the transparency and popularity of the three branches of the government amongst citizens and create powerful connecting bridges between these branches and citizens as well as international community.
Institute for Women, Peace and Security, with presentation of its sincere gratit70 ude, expects your
Kind cooperation in this regard. Please accept our warm wishes for your health and continued success.
Attenuated Opinion:
According to article 120 of the Constitution of Islamic Republic of Afghanistan, It is within the jurisdiction of the judiciary to attend to all lawsuits in which real individuals or non- real legal persons including the state stand before it as plaintiff or defendant and brought before it in accordance with the provisions of law. Supreme Court performs this duty in accordance to the Constitution and the Law on Structure and Competences of the Judiciary as well as other relevant laws. The Supreme Court as the highest judicial body heads the judiciary of the Islamic Republic of Afghanistan and oversees the functions and affairs related to the courts. Consequently, it is not dependant on another institution’s observation. Research in Academic Issues which is one of the responsibilities of Research Institute for Women, Peace and Security, shall be carried out by that Institute without interference in Supreme Court’s Affairs that is an independent branch of the Government. This is because the points mentioned in the letter sent by that Institution are not relevant to duties and functions of the Supreme Court and the Supreme Court Administration is not obliged to perform them.
The Issue is Referred as Suggestion to the Office of Chief Justice Mohammad Osman Zhobal Director General of Legal and Judicial Reseach ACKU
71
Chapter Three: Evaluation of Special Media Programs Concerning the Parliament
One of the functions of the Research Institute for Women, Peace and Security in its Parliamentary Watch project, was the observation of special media programs An observer of the Research concerning the parliament and interviews with the Institute for Women, Peace and members of Wolesi Jirga, or statements by experts and Security has been watching these professionals regarding the parliament. In a list provided programs and interviews with the by Institute’s parliamentary observer, a lot of members of members of Wolesi Jirga and the Wolesi Jirga have stated their opinions and provided conclusions on the issue. understandings regarding the work and function of Wolesi Jirga.
Research Institute for Women, Peace and Security, taking the importance of the issues discussed into consideration, has a brief presentation of these media program and provides an address for the readers in case they are interested to watch these programs online.
In addition, as much as possible, has put these programs in order considering the subject to make it easier for the readers.
Here, the addresses for some programs regarding legislation, observation over the function of government and representation, are presented.
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Media and Representatives:
- Concerning Legislation http://www.youtube.come/watch?v=QIEM2uDCEWQ
28 August 2013
Program: Fara Khabar
Participators: Shukria Barakzai Meber of the National Assembly and Jawed Kuhistani, Political Analyst
Subject: Taliban Are Not Ready for Peace Talks in Afghanistan http://www.youtube.come/watch?v=4gcuQTDkXqE
22 May 2013
Program: Fara Khabar
Participators: Zahir Sa’adat Member of the National
Assembly and Noor Mohammad Noor, Spokesperson of the Election Commission
Subject: Discussion on the Election Law 2014 http://www.youtube.come/watch?v=cW5qpLi6kc
17 July 2013
Program: Fara Khabar
Participators: Hilai Ershad Chairwomen of the Cultural, Religious, Education and Higher Education Commission and Farhad Azimi Member of the National AssemblyACKU
Subject: Higher Education law http://www.youtube.come/watch?v=Q-rOClgeygc
29 May 2013
Program: Fara Khabar
Participators: Mohammad Yunus Fakor, Political Analyst and Nazari paryani, Journalist
Subject: Mentioning Tribal Identification in Electronic ID Cards
73
-Regarding Observation over the Function of the Government
http://www.youtube.come/watch?v=QWfSCJzEt-l
12 October 2013
Program: Ba Rewayate Digar
Participators: Khaliqdad Balaghi Member of the Senate and Basir Azizi spokesperson of Attorney General Office
Subject: Government’s Silence Regarding Land Usurpers
Why didn’t the special commission on the observation of the functions of government publish the names of land usurpers?
BA REWWAYATE DIGAR: IEC Looks to Register Refugee Vote
24 October 2013
Program: Ba Rewayate Digar
Participators: Farkhonda Zahra Naderi and Ahmad Behzad, members of the national assembly, Amarkhel Secretary of the Independent Election Commission and Ahmad Wali Hakimi, Deputy Minister of Refugees.
Subject: Discussion about having or not having election in Iran and Pakistan
Mr. Behzad’s Opinion: If transparency in election can be assured, I agree that we should have election in Pakistan and Iran since millions of Afghans are refugees in these countries.
Ms. Naderi’s Opinion: I don’t agree since we have not been able to block these countries’ interferences inside Afghanistan, so how can we block this interference outside Afghanistan?ACKU http://www.youtube.come/watch?v=dS6mN9rHq6g
22 September 2013
Program: Ba Rewayate Digar
Participators: Fawzia Kufi Member of National Assembly,
Dawod Moradian Executive Director of Afghanistan’s
Institute for Strategic Studies, Mubarez Rashedi Deputy Minister of Culture and Information and Faisal Naderi, Civil Society Activist.
Subject: What does election mean?
74 http://www.youtube.come/watch?v=8eJLfeiRrBE
28 September 2013
Program: Fara Khabar
Participators: Nahid Farid Member of the National Assembly
and Abdul Samad hami Deputy Minister of Refugees.
Subject: Massive corruption within the Minstry of Refugees and Returnees http://www.youtube.come/watch?v=p1-wDVOAIRs
13 October 2013
Program: Jostar (1TV)
Participators: Asadullah Sa’aadati Member of the National Assembly
Subject: Discussion on the Bilateral Security Agreement between Kabul and Washington and its consequences http://www.youtube.come/watch?v=r1RIVWavLtA
8 October 2013
Program: Fara Khabar
Participators: Dr. Abdul Qayum Sajjadi Member of National
Assembly and Yunus Fakor political analyst.
Subject: President Karzai’s statement that NATO’s activity has caused pain and suffers to Afghanistan and his call for Loya Jirga http://www.youtube.come/watch?v=iVTZyMXAUCwACKU 26 August 2013
Program: Kankash
Participators: Dr. Jafar Mahdawi Member of National Assembly and Dr. Amin Farhang, ex-minister of Commerce
Subject: President Karzai’s last visit to Pakistan as the President of Afghanistan http://www.youtube.come/watch?v=LV_MLqdLKZo
23 October 2013
Program: Kankash
75 Participators: Monawar Shah Bahaduri Member of National Assembly, Hamidulla Faroqi, Member of “Haq wa Adalat” Party and Waqef Hakimi, Spokeperson of “Jameyat e Islami” Party
Subject: President Karzai’s Agreement with Pakistan’s Prime Ministers concerning High Peace Council’s meeting with Mullah Brother (Second Taliban leader) http://www.tolonews.com/en/farakhabar/127/28-farakhabar-2013
24 October 2013
Program: Fara Khabar
Participators: Naim Lalai Hamidzay Member of National Assembly and Ibrahim Azhar Deputy Minister of Counter Narcotics
Subject: Increase in production of narcotics in country http://www.tolonews.com/en/farakhabar/12574-farakhabar-12-november-2013
21 November 2013
Program: Fara Khabar
Participators: Farhad Azimi member of National Assembly
Subject: Participation of “Hezb i Islami” (Gulbodin Hekmatyar’s Group) in Loya Jirga
- Concerning Representation http://www.youtube.come/watch?v=W6-UzARqS5E
30 September 2013
Program: Fara Khabar Participators: Dr. Niloofar Ibrahimi member of National ACKU Assembly and Sediq Sediqi Spokesperson of Ministry of
Interior Affairs
Subject: Insecurity in the country, especially in Badakhshan http://www.youtube.come/watch?v=A9CuqdBypjk
2 October 2013
Program: Jostar (1TV)
Participator: Shukria Barakzai member of National Assembly
76 Subject: Resignation of a number of members of the parliament due to participation in Election 2014 http://www.youtube.come/watch?v=xW3JC7QU3-c
06 November 2013
Program: Fara Khabar
Participators: Sayed Ali Kazemi member of National
Assembly and Aref Sarwari ex-director of National Directorate
of Security.
Subject: National Assembly’s memorial for Sahid Sayed Mostafa Kazemi and 5 other members of National Assembly who were assassinated in Baghlan Incident http://www.youtube.come/watch?v=g6BUktZWH_l&feature=youtube_gdata
9 November 2013
Program: Fara Khabar
Participators: Bashir Ahmad Ta Yanj and Ghulam Husain Naseri, members of National Assembly
Subject: Interpellation of the Minister of Refugees and Returnees by National Assembly
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77 Recommendations and Conclusion:
Structural Recommendations:
• Professional composition of the commissions is not in compliance with professional scope of their work. Especially those commissions whose work requires higher education and experience, should be completed with the appointment of external professionals who have expertise and experience in the field. • In order to increase the analytical skills of the members, professional and capacity building courses are required for important commissions such as financial, budget, banking affairs, defense and territorial integrity, legal and judicial, telecommunication, education, natural resources and environment and other commission. • Recruitment of advisers for commissions specially those who have interaction with ministries and professional administrations, is highly recommended.
Functional Recommendations:
• The agenda of the commissions is usually the repetition of the general assembly agenda. The commissions need to have a specific agenda and work plan considering their scope of the work. • Each commission considering its name, besides the agenda of the general assembly, should study its own scope of the work based on which the working direction of that commission shall be provided. For example, besides strengthening the legislation commission both in terms of quality and quantity, the burden of evaluating drafts of the laws shall be removed from other commissions so they can focus more on their relevant responsibilities. • The commissions have had a good performance in their evaluation of drafts of the laws submitted; however, their observation of the government and representation performance needs an improvement. The main cause for poor observation conducted, is lack of awareness and expertise in relevant fields. • There should be a balance obtained between regular, interrogative and audition sessions. In audition and interrogative sessions, issues discussed shall be evaluated in deeper. • Every specific commission should improve its observation over the function of the government as well as its representation of the relevant ministries and institutions in general assembly sessions.ACKU • There should be a shift from media to legal procedures in complains and accusations and the law on regulation of behavior and relationships amongst government officials shall be applied in this regard. • The executive boards of Wolesi Jirga and commissions shall facilitate the meeting with civil society and research organizations. Transparency, accountability and responsibility of the parliament and the commissions, has to be reflected with more details in media.
78 Conclusion:
The legislative branch is one of the important branches of government and the “manifestation of the will of people in legislative issues”. This branch is meanwhile a professional institution with a set of important responsibilities.
There is no need to prove that the permanent commissions of the National Assembly are the pillars for its function. A number of these commissions have taken valuable steps towards the fulfillment of their three main responsibilities which are legislation, observation over the function of government and representation. However, considering the increasing necessities of this era and expectations from the parliament, exploitation of all existing capacities as well as increasing them is very important.
The important duty of legislation is carried out, however the elites inside the parliament and civil society are not convinced with the poor application of the laws. Violation of the legal provisions, specially permanent absence in commissions’ and also general assembly sessions and also engagement of some MPs in personal issues during working hours, has turned into a public complain. The unified and time consuming agenda has not allowed the commissions to deal with their specified tasks.
Coordination and cooperation from the two other branches, specially the legislative branch, can improve the functionality of the parliament. The executive branch possesses several possibilities, using of which, would increase the capacity of the parliament. The president, according to constitution, heads the three branches of the government and executes its authorities in the three branches and this could help to bring improvements in parliament. Experience has also proved that bilateral and even multilateral cooperation can provide possibilities and improvements in the functions of the parliaments.
Afghanistan’s Research Institute for Women, Peace and Security, considering its objective observation and in-depth studies conducted, has presented some recommendations at the end of each report and hopes its implementation will result in increasing the role and efficiency of the parliament. ACKU
79