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Success in Afghanistan

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    • 1. SUCCESS IN AFGHANISTAN: The Untold Story Prof. William E. Kosar Afghanistan Economic Governance & Private Sector Strengthening
    • 2. OBJECTIVES اهداف
      • Country Facts
      • Structure of Government
      • Constitution
      • Rule of Law
      • Challenges
      • Prospects
    • 3.  
    • 4. Country Facts
      • One of the world’s most impoverished countries
        • GDP has doubled since overthrow of Taliban
      • Slowly recovering from decades of war, oppression & more recently, a devastating drought.
      • Landlocked country in Central Asia about the size of Manitoba
      • Population of approximately 30 million people; slightly less than Canada
      • Several different ethnic groups
      • 2 official languages—Dari & Pashtu—most bilingual
    • 5. Constitution
      • No law should be "contrary to Islam”
        • Shari 'a is the default law
      • State 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
    • 6. Structure of Government
      • 3 Branches
        • 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
    • 7. Parliamentary Groups
      • MPs can establish themselves as groups according to shared opinions & affinities
      • Need a minimum of 21 MPs to form group
      • Can only belong to 1 group
      • Nascent 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
    • 8. Parliamentary Groups
      • Purpose is to facilitate efficient parliamentary operation
      • requiring them to have charters providing for democratic internal functioning
      • building links between the groups of the 2 houses
      • aid their further transformation into political parties by establishing offices outside parliament
    • 9. 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 tribalism
      • A 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 superiority
      • Should be representation of shared “interests”
    • 10. Key Elements of Rule of Law
      • Procedural regularity (due process)
      • Efficacy of law
      • Accessibility of legal institutions
      • Substantive fairness of law
    • 11. Definition of Rule of Law
      • Lots of academic disagreement but certain concepts universally accepted:
      • Constitutionalism
      • Law Governs The Government
      • Law Must Be Fairly & Consistently Applied
      • Law Is Transparent & Accessible
      • Application Of The Law Is Efficient & Timely (Due Process)
      • Property Rights Are Protected
      • Human Rights Are Protected
      • The Law Is Capable Of Change
      • Independent Judiciary
    • 12. Challenges
      • Numerous challenges:
        • security sector reform
        • reducing narcotics production & trafficking
        • promoting human rights & gender equality
        • good governance
        • economic reconstruction
      • These are mutually reinforcing & must be addressed simultaneously
    • 13. Challenges
      • Public awareness in the provinces on the rights of citizens & obligations of Government
        • Comic books
        • Television & radio ads
        • Legislative strengthening to WJ
        • Capacity building in line ministries—MOJ, AGO, MOF, MOWA, MRRD, MoCI,
        • Privatization
      • Legal aid to vulnerable groups
    • 14. Current Security Situation
      • Security in Kabul & rest of country deteriorating
      • BBIED on rise—about 4/wk in Kabul last fall
      • More likely with “Spring Offensive”
      • Military convoys
      • Curfew: 2300—0530
      • Restrictions on movement for internationals
      • Certain areas “off limits ”
    • 15.  
    • 16. US EMBASSY ISAF BASE MASSOOD CIRCLE Sept 8 IED
    • 17. Prospects
      • Privatization process just getting underway
      • Reform of tax laws, Criminal & Civil Codes
      • Reform of commercial laws
        • Key to encouraging both domestic & int’l investment
        • 5 key laws will be passed by Afghan New Years
        • 5 more by September 1, 2007
        • Taqnin stubborn—tied to $100M loan from ADB
      • Legal reforms continue
    • 18.  
    • 19.  
    • 20. 10 CDCs in District 7 grouping 250 houses each Community improvement works in informal settlements
    • 21. Men and Women’s Shuras for CDC 1, District 7 20-30 selected members deliberating on property issues
    • 22.  
    • 23.  
    • 24. What is Canada doing that is not widely reported?
      • There already is a “Marshall Plan” for Afghanistan
      • CIDA—over $1 billion
      • IDLO--CIDA
      • SAT—involved with ANDS & MRRD
      • PRT
      • Other Canadians
      • Afghan-Canadians
      • We are winning “Hearts & Minds”
    • 25. What do I do in Kabul?
      • Legal Advisor to Da Afghanistan Bank
      • Responsible for drafting 3 new financial laws:
      • Negotiable Instruments
      • Secured Transactions
      • Mortgages
    • 26. Prospects
      • Approximately 75% of citizens report their sense of personal security has remained the same or improved
      • The security problems, it appears, are localized mostly along the Pakistan border, not general
      • No one wants the return of the Taliban
    • 27.  
    • 28.  
    • 29.  
    • 30.  
    • 31.  
    • 32.  
    • 33. خلاصه Summary
      • Security situation deteriorating rapidly
      • Reforms continue
      • Prosperity is continuing but slowly
        • Afghans are stubborn
      • Citizens don’t want return of Taliban
        • Taliban infiltrating Kabul
        • Ethnic issues?
    • 34. Faces of Kabul
    • 35. اگر کدام سئوالی داشته باشید؟ Questions?

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