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Rule of law is the foundation for a legitimate government, protection of citizens’ rights, and a competitive market economy.  It is also essential to combat corruption and curb the illegal drug economy.  An independent judiciary and accountable law enforcement system will protect the human rights and legal protections guaranteed to all Afghans.  Vulnerable social groups, such as women, children, and the poor are especially at risk from the illegal use of force by state and non-state actors.  In addition, the transition of the informal sector into the formal economy is dependent on the acceptance and enforcement of the rule of law. 

At present, traditional justice fills the gap in state justice, but is often out of step with Islam, the Constitution, state law, and human rights.  The community leadership and accessibility of shuras and jirgas can strengthen the overall justice system.  Religious leaders can help shape public opinion and increase understanding of important social issues, including drug control, anti-corruption, forced marriage, and girls’ education.

Lasting peace and prosperity in Afghanistan require structures of governance that are accountable, transparent, effective, and Islamic.  A well-functioning National Assembly will complement and balance the executive and judicial branches of power, while linking national policy-making to the people.  Without proper support, an inexperienced National Assembly will distance the Afghan people from their government rather than bring them closer. 

Our goal is to establish the basic institutions and practice of democratic governance at the national, provincial, district, and village levels for enhanced human development, by the end of the current Presidency and National Assembly terms.

Five-Year Strategic Benchmarks

• Program 1: Empowering the National Assembly
• Program 2: Justice & the Rule of Law
• Program 3: Religious Affairs
• Program 4: Public Administration Reform
• Program 5: Human Rights

Cross-Cutting Initiatives

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Five-Year Strategic Benchmarks

The stated goal for the Governance, Rule of Law, and Human Rights Sector will be realized through five inter-related programs: 

Program 1: Empowering the National Assembly

1. The National Assembly will be provided with technical and administrative support by the first quarter of mid-2006 to effectively fulfill its constitutionally mandated roles.

2. The Afghanistan Independent Electoral Commission will have the capacity and resources to undertake elections in a fiscally sustainable manner by end-2008, with the Government contributing as much as possible to the cost of future elections from its own resources.  A permanent civil and voter registry with a single national identity document will be established by end-2009.

The Government’s goal is to strengthen the National Assembly’s capacity to become the major actor in the legislative process, to act as a responsible check on executive and judicial power, to assist MPs to represent the economic and political aspirations of their constituents, and to drive a legislative reform program that lays the foundation for reducing poverty and stimulating economic growth. 

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Program 2: Justice & the Rule of Law

1. By end-2010, the legal framework required under the Constitution, including civil, criminal, and commercial law, will be put in place, distributed to all judicial and legislative institutions, and made available to the public.

2. By end-2010, functioning institutions of justice will be fully operational in each province of Afghanistan.  The average time to resolve contract disputes will be reduced as much as possible.

3. A review and reform of oversight procedures relating to corruption, lack of due process, and miscarriage of justice will be initiated by end-2006 and fully implemented by end-2010; reforms will strengthen the professionalism, credibility, and integrity of key institutions of the justice system (the Ministry of Justice (MoJ), the Judiciary, the Attorney-General’s office, the Ministry of Interior, and the National Directorate of Security).

4. By end-2010, justice infrastructure will be rehabilitated; and prisons will have separate facilities for women and juveniles.

5. A process for registration of land in all administrative units and the registration of titles will be started for all major urban areas by end-2006 and all other areas by end-2008.  A fair system for settlement of land disputes will be in place by end-2007.  Registration for rural land will be under way by end-2007.

The Government’s goal is to establish a system of justice that serves as the principal legitimate institution for accessing justice and regulating disputes in conformity with international standards.  The Government will continue to reform Afghanistan’s basic legal framework.  Across the justice sector, it will strengthen professional skills and implement standards through administrative reforms and skills training.  The MoJ will formalize the role of formal and informal justice mechanisms and their respective roles, enhancing the legitimacy and efficiency of both.  Justice institutions shall emphasize strengthening protections for vulnerable and geographically remote people.  We will increase public awareness and confidence in the justice system through nation-wide campaigns and increasing transparency in court decisions.

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Program 3: Religious Affairs

1. By end-2010, religious institutions and scholars, both men and women, will participate in structured ways on issues of national development policy.

2. By end-2010, concrete measures will be put in place to ensure that the status and participation of women in Islamic activities increase, both locally and internationally.

The Government’s goal is to ensure that all Afghans can participate equally in the religious life of the nation.  Islamic teachings, principles, and scholarship are to be consulted regarding the nation’s development agenda, governance institutions, and legal framework.  As a result, our progress will coexist in harmony with our religion.

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Program 4: Public Administration Reform

1. By end-2010, Government machinery (including the number of ministries) will be restructured and rationalized to ensure a fiscally sustainable public administration; the Civil Service will be strengthened; and civil service functions will be reformed to reflect core functions and responsibilities.

2. A clear and transparent mechanism for national appointments will be established within 6 months, applied within 12 months, and fully implemented within 24 months for all senior level appointments to the central government and the judiciary, as well as for provincial governors, chiefs of police, district administrators, and provincial heads of security.

3. By end-2006, a review of the number of administrative units and their boundaries will be undertaken with the aim of contributing to fiscal sustainability.

4. By end-2010, in furtherance of the work of the Civil Service Commission, merit-based appointments, vetting procedures, and performance-based reviews will be undertaken for civil service positions at all levels of government, including central government, the judiciary, and police.  The Government will also provide requisite support for building the capacity of the civil service to function effectively.  Annual performance-based reviews will be undertaken for all senior staff starting by end-2007.

5. The census enumeration will be completed by end-2008 and the complete results published.

6. Reliable statistical baselines will be established for all quantitative benchmarks by the first quarter of mid-2007 and statistical capacity built to track progress against them.

The Government’s goal is to develop an effective and accountable public administration at all levels capable of ensuring security, equitable provision of basic social services, and an environment conducive for economic growth.  Through the Public Administration Reform program, the Government will ensure that there is improved coordination between decision-making bodies within the central government.  It will restructure ministries and simplify administrative procedures and business processes.  It will improve service delivery through sub-national administration and create an effective, financially sustainable civil service that gradually phases out donor supplementation of salaries.  The Independent Administrative Reform and Civil Service Commission (IARCSC) will strengthen rules and procedures for a professionally managed civil service, including promotion of high ethical standards and disciplinary measures for corrupt or unethical practices.  The Government will adopt a merit-based recruitment system that promotes gender equity and ethnic diversity.  It will establish a coherent, comprehensive skills development program for existing and new civil servants.

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Program 5: Human Rights

1. By end-2010: the Government’s capacity to comply with and report on its human rights treaty obligations will be strengthened; Government security and law enforcement agencies will adopt corrective measures including codes of conduct and procedures aimed at preventing arbitrary arrest and detention, torture, extortion, and illegal expropriation of property with a view to the elimination of these practices; the exercise of freedom of expression, including freedom of the media will be strengthened; human rights awareness will be included in education curricula, and promoted among legislators, judicial personnel, and other Government agencies, communities, and the public; human rights monitoring will be carried out by the Government and independently by the Afghan Independent Human Rights Commission (AIHRC), and the UN will track the effectiveness of measures aimed at the protection of human rights; and the AIHRC will be supported in the fulfillment of its objectives with regard to monitoring, investigation, protection, and promotion of human rights.

The implementation of the Action Plan on Peace, Justice, and Reconciliation will be completed by end-2008.

Poverty reduction is only effective and sustainable when the poor are empowered to fully participate in Afghanistan's economic, social, cultural, and political life.  The Government’s goal is to build an inclusive Afghan society where everyone's human rights are protected, promoted, and respected.  The Government will work with the AIHRC and the international donor community to develop and strengthen capacities to protect and promote human rights, including awareness training for civil servants.  We will enhance protection from human rights violations committed by government agencies.  The Government will continue to promote and protect women’s rights through harmonizing women’s provisions in the major policy frameworks of the country, improving access to justice, and raising awareness on issues such as child marriage, domestic violence, and women’s employment.  To strengthen the protection of children’s rights, the Government will introduce laws and policies to protect children, establish preventative measures against sexual abuse of children, and strengthen measures to counter child-trafficking.  The Government will promote and protect the rights of the disabled by working towards the removal of barriers that deter them from fully participating in society, such as advocacy, increasing awareness of their special needs, and promoting their hiring in the work force.

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Cross-Cutting Initiatives 

Fundamental to the interventions above is a focus on the following cross-cutting initiatives:

Initiative 1: Combat Corruption 

Strengthening the legal framework, public sector management, and accountability systems are vital components of the Government’s anti-corruption strategy, all of which will increase public confidence in the legitimacy of the state.  Utilizing these tools to combat corruption will accelerate the achievement of security, good governance, and economic development.  A motivated, merit-based civil service will be resistant to the temptations of corruption, enabling efficient, effective, and transparent service delivery without bribes.  Strengthening accountability systems will deny officials the opportunity to cover up corruption.

Initiative 2: Promote Gender Equity

Proactive laws and policies are required of the state to reverse obstacles and abuses faced by women.  Civil society, including religious leaders, will have an important role in raising public awareness about the situation of women.  Likewise, greater participation by female professionals at all levels of the civil service will give them a voice in policy and decision-making, as well as improve the capacity of the Government as a whole to design and deliver adequate services to female constituents.