ReliefWeb

Report Authors
Lorenzo Delesgues; Yama Torabi
Integrity Watch Afghanistan

(Extract)

2. Executive Summary

More then five years have passed since the beginning of the internationally led reconstruction of the Afghan State. The reconstruction of working democratic institutions and an efficient administration in order to extend the influence of the State over the whole territory was the initial objective of the intervention. Our study of the Reconstruction National Integrity System (RNIS) analyses the interactions between a selected group of Afghan institutions that enable an environment in which corruption might be contained. These state institutions interact in order to warranty integrity within the State and form the integrity pillars. In order to evaluate the efficiency of each pillar, we have conducted a review of the existing contrasts between the laws and regulations in use for each of the pillars' actions and the reality of their application. Particular attention was given to the evaluation of donors' actions, sequencing and prioritization in the reconstruction of the State's integrity pillars.

The analysis of the RNIS shed light on the following insufficiencies and consequent threat to cohesion of the National Integrity System: - Many symbolic steps like the election of the President or the creation and election of a National Assembly were conducted with an apparent success, but still the coordination between the institutions and their internal working processes are weak. The donors' attention on certain leading ministries like the MoF and the MRRD lead to the insufficient development of the entire Afghan administration.

- The monitoring role of Civil Society and the media still needs to be fine tuned and used not only as a pragmatic support to the construction of the planned democracy, but should also help to protect citizens against the excesses of a State still dominated by individuals and unable to warranty the integrity of its actions towards its citizens.

- Misuse of Civil Society as an instrument to promote and monitor democracy but not as a balance to promote the citizens' position at State level.

- Gaps between different legislation persist. While the official legislation has been modified, civil servants are still using informal rules and regulations, mixing old practices with new ones

- The extreme centralization of the administration has weakened the State's legitimacy in the areas of State's periphery. The State lacks the capacity to control its territory and so guarantee the quality and efficiency of its civil servants' work.

- There was wrong prioritization, in particular with regard to the Security Sector reforms. The justice sector lacked in-depth restructuring, and a trade-off of the State's security with local power holders was made that is now corroding the State's legitimacy.

- Integrity procedures were not given sufficient importance at the beginning of the reconstruction process.

- Prioritization was given to political reconstruction through the creation of the National Assembly and the organization of a highly symbolic election, while the state administration is still very weak. This process led to the occupation of crucial state positions by war criminals, and is manifest today as the construction of a democracy without democrats.

The following recommendations would improve the functioning of the National Integrity

System:

- The judiciary should become really independent from external influences in order for the common citizen to have the capacity to appeal a court decision. The budget dedicated to this outcome must be increased.

- The Media benefit from great autonomy in Afghanistan and could be used to put pressure on the Executive.

- Monitoring mechanisms and the reinforcement of anticorruption agencies. The National Assembly could become a strong environment in which to introduce claims from organs like the GIAAC or the CAO in cases where their procedures have been obstructed.

- Promote access to information with a systematic publication of high ranked civil servants', parliamentarians' and Deputies' financial assets, including a revaluation of these assets at the end of their mandate.

- Establish complaints mechanisms for citizens in each Ministry and publish the complaints.

- Limit the number of face-to-face contacts between the civil servants and the public by processing the administrative document internally and not externally.