SUCCESS IN AFGHANISTAN: The Untold StoryProf. William E. KosarAfghanistan Economic Governance & Private Sector Strengthening

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OBJECTIVES اهداف

Country FactsStructure of GovernmentConstitutionRule of LawChallengesProspects

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Country Facts

One of the world’s most impoverished countriesGDP has doubled since overthrow of TalibanSlowly recovering from decades of war, oppression & more recently, a devastating drought. Landlocked country in Central Asia about the size of ManitobaPopulation of approximately 30 million people; slightly less than Canada Several different ethnic groups 2 official languages—Dari & Pashtu—most bilingual

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Constitution

No law should be "contrary to Islam”Shari 'a is the default lawState is obliged to create a prosperous & progressive society based on social justice, protection of human dignity, protection of human rights, realization of democracy & to ensure national unity & equality among all ethnic groups & tribes State shall abide by the UN Charter, international treaties, international conventions that Afghanistan signed & the Universal Declaration of Human Rights

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Structure of Government

3 Branches1. Executive—President Hamid Karzai

(elected 7.12.2004)2. National Assembly (elected 19.12.2005)

Wolesi Jirga (Lower House) Meshrano Jirga (Upper House)

3. Judiciary—Supreme Court—9 Judges

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Parliamentary Groups

MPs can establish themselves as groups according to shared opinions & affinitiesNeed a minimum of 21 MPs to form groupCan only belong to 1 groupNascent political parties? The concept is based on the European practice of allowing many small parties in legislatures to come together to give some order to proceedings

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Parliamentary Groups

Purpose is to facilitate efficient parliamentary operationrequiring them to have charters providing for democratic internal functioningbuilding links between the groups of the 2 housesaid their further transformation into political parties by establishing offices outside parliament

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Parliamentary Groups

No group may be formed for the purpose of representing local, professional, linguistic or private interests, or for reasons of religious sectarianism or tribalismA female member who had been thinking of forming an all-women’s parliamentary group feared that this provision & similar constitutional restrictions would not allow it Cannot advocate violence or racial superiorityShould be representation of shared “interests”

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Key Elements of Rule of Law

1. Procedural regularity (due process)2. Efficacy of law3. Accessibility of legal institutions4. Substantive fairness of law

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Definition of Rule of Law

Lots of academic disagreement but certain concepts universally accepted: ConstitutionalismLaw Governs The GovernmentLaw Must Be Fairly & Consistently AppliedLaw Is Transparent & AccessibleApplication Of The Law Is Efficient & Timely (Due Process)Property Rights Are ProtectedHuman Rights Are ProtectedThe Law Is Capable Of ChangeIndependent Judiciary

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Challenges

Numerous challenges:security sector reformreducing narcotics production & traffickingpromoting human rights & gender equalitygood governanceeconomic reconstructionThese are mutually reinforcing & must be addressed simultaneously

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Challenges

Public awareness in the provinces on the rights of citizens & obligations of GovernmentComic booksTelevision & radio adsLegislative strengthening to WJCapacity building in line ministries—MOJ, AGO, MOF, MOWA, MRRD, MoCI, Privatization

Legal aid to vulnerable groups

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Current Security Situation

Security in Kabul & rest of country deterioratingBBIED on rise—about 4/wk in Kabul last fallMore likely with “Spring Offensive”Military convoysCurfew: 2300—0530Restrictions on movement for internationalsCertain areas “off limits”

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US EMBASSY

ISAF BASE

MASSOOD CIRCLE

Sept 8 IED

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Prospects

Privatization process just getting underwayReform of tax laws, Criminal & Civil CodesReform of commercial lawsKey to encouraging both domestic & int’l investment5 key laws will be passed by Afghan New Years5 more by September 1, 2007Taqnin stubborn—tied to $100M loan from ADBLegal reforms continue

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10 CDCs in District 7 grouping 250 houses each

Community improvement works in informal settlements

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Men and Women’s Shuras for CDC 1, District 7

20-30 selected members deliberating on property issues

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What is Canada doing that is not widely reported?

There already is a “Marshall Plan” for AfghanistanCIDA—over $1 billion IDLO--CIDASAT—involved with ANDS & MRRDPRTOther CanadiansAfghan-CanadiansWe are winning “Hearts & Minds”

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What do I do in Kabul?

Legal Advisor to Da Afghanistan BankResponsible for drafting 3 new financial

laws:1.Negotiable Instruments2.Secured Transactions3.Mortgages

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Prospects

Approximately 75% of citizens report their sense of personal security has remained the same or improvedThe security problems, it appears, are localized mostly along the Pakistan border, not generalNo one wants the return of the Taliban

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خالصهSummary

Security situation deteriorating rapidlyReforms continueProsperity is continuing but slowlyAfghans are stubbornCitizens don’t want return of TalibanTaliban infiltrating KabulEthnic issues?

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Faces of Kabul

باشید؟ داشته سئوالی کدام اگر

Questions?