Success in Afghanistan
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Success in Afghanistan Success in Afghanistan Presentation Transcript

  • SUCCESS IN AFGHANISTAN: The Untold Story Prof. William E. Kosar Afghanistan Economic Governance & Private Sector Strengthening
  • OBJECTIVES اهداف
    • Country Facts
    • Structure of Government
    • Constitution
    • Rule of Law
    • Challenges
    • Prospects
  •  
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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”
  • Key Elements of Rule of Law
    • Procedural regularity (due process)
    • Efficacy of law
    • Accessibility of legal institutions
    • Substantive fairness of law
  • 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
  • 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
  • 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
  • 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 ”
  •  
  • US EMBASSY ISAF BASE MASSOOD CIRCLE Sept 8 IED
  • 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
  •  
  •  
  • 10 CDCs in District 7 grouping 250 houses each Community improvement works in informal settlements
  • Men and Women’s Shuras for CDC 1, District 7 20-30 selected members deliberating on property issues
  •  
  •  
  • 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”
  • What do I do in Kabul?
    • Legal Advisor to Da Afghanistan Bank
    • Responsible for drafting 3 new financial laws:
    • Negotiable Instruments
    • Secured Transactions
    • Mortgages
  • 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
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  • 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?
  • Faces of Kabul
  • اگر کدام سئوالی داشته باشید؟ Questions?