Islamic Republic of Afghanistan - Enhanced Integrated Framework ...

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Justice system between government and civilsociety institutions, and improve access to thejustice system for all. In the longer term thesector will seek to increase specialization anddiversification of justice practices to meet morecomplex demands – including the importantand necessary interaction and relationship withinformal justice systems, which are prevalentthroughout the country, while expanding justiceservices. Transitional Justice is obviouslyan important aspect of the sector. The Government’sAction Plan for Peace, Reconciliationand Justice in Afghanistan acknowledges thatany mechanism for building peace and justicemust be carried out with the active and meaningfulparticipation of all national stakeholders,including the justice institutions.Contribution to the ANDSEconomic Growth: An efficiently operatingjustice system will encourage investment andfor economic activity to move from the informalto the formal sector, thereby strengtheningthe ability of the government to raise revenueinternally.Employment: Growth of the private sector, aprerequisite of which is an efficient judicial systemwill generate increased demand for labor.In addition, improved labor and contract lawswill lower the cost of hiring labor and directlyencourage increased employment, particularlyin urban centers.Poverty Reduction: Economic growth and increasedemployment will contribute to a reductionin poverty. In addition it should be notedthat women and the poor and marginalized aremost likely to be the ones to suffer the lack ofaccess to a fair and unbiased judicial system.Security/Stability: Poor security in certainparts of the country makes service delivery difficultor impossible and justice professionalsoperate at great personal risk. Police devotemost of their resources to maintaining security.Contribution of the Sector to Implementationof the Compact and MDGsAfghanistan Compact: The Justice Sector willhave met the four Rule of Law Compactbenchmarks by the end of 1391 (2010).Millennium Development Goals (MDGs): Althoughjustice and the rule of law are notamong the eight plus one MDGs, they providethe enabling environment for poverty reductionand economic development.Current Situation in the SectorAchievements: Afghanistan has a mixed civillaw and Islamic Sharia-based formal legal systemthat has evolved over many years. In mostnon-urban areas customary legal systems continueto operate. While there is considerablevariation in these customary legal systems theyare usually based around traditional tribunals –jirgas, maracas shuras or mookee khans. Traditionalsystems usually have core principles ofapology and forgiveness, followed by reconciliation.Most Afghan customary systems arebased on the principle of restorative justice.The Constitution introduced three major reformsto the judicial system:• Art. 97 declared the judiciary an “independentorgan of the State” which “dischargesits duties side by side with the Legislativeand Executive Organs;”• The Constitution created a unified judicialsystem with an organizational structurethat is headed by the Supreme Court;• The constitution created a unified systemof laws. The Constitution and statutes createdunder the Constitution are legallydominant, with the basic principles of theSharia acting as a guide to the legislature.In August 2006 a new Supreme Court was approvedby National Assembly. The SupremeCourt then adopted a new Code of JudicialConduct, based on the internationally recognizedPrinciples of Judicial Conduct and establishingethical standards.Donor activity in the justice sector has generallyfocused on building capacity of the judicialsystem, including police training and courtconstruction.Needs Assessment: the following needs havebeen identified at the national and provinciallevels:64Afghanistan National Development Strategy (ANDS)
• Salary support: to improve performance,mitigate corruption and ensure professionalqualification;• Infrastructure and office equipment: Subjectto survey of essential work to be targeted.• Transportation: Subject to survey of essentialwork to be targeted;• Operating costs need to be financed to improveperformance of justice institutions;• Capacity building and training: continuingprofessional development requirements;• Information management and human resourcemanagement to be established;• Codes of Ethics and oversight mechanismsto be established for all legal professionals;• Financial management: budgets are inadequateand budget execution rates are low;• Public awareness: There is a need to developtools and instrument which ensureaccess at all level of society.Challenges, Constraints, Weaknesses: Weakinfrastructure; lack of trained staff; delays andbacklogs of appeals; lack of information technologyand capacity; uncompetitive salaries;poor education and vocational training, publicconfidence; resource constraints; security situation:Security constraints in certain parts of thecountry make service delivery difficult or impossible.Policy framework: sector strategyThe Government’s vision for justice is of anIslamic society in which an impartial and independentjustice system delivers safety and securityfor life, religion, property, family andreputation; with respect for liberty, equalitybefore the law and access to justice for all.Sector Priority Policies and Goals: These are alldetailed in the sector strategy, however a briefsummary of the policy reform areas is providedbelow under three main goals:• Integrity, performance and infrastructure:Administrative reform and restructuring ofjustice institutions; legal education; systematicrecords systems; enhancing administrativecapacity; eradicating corruption;promulgation of ethics codes, engagementof public through complaints systems; expansionof justice services through infrastructuraldevelopment, procurement oftransportation assets and equipment.• Coordination and integration with othergovernment institutions and civil society:Improved legislation through enhancedcapacity of drafting and parliamentary personnel;establishment of National LegalTraining Centre for vocational educationand vocational excellence; increased opportunitiesfor external stakeholders and civilsociety to contribute to legal policy developmentin policy analysis and legislativedrafting. Support the Provincial Justice CoordinationMechanism (PJCM), to improvethe delivery of justice assistance in theprovinces.• Improved Justice Practices and Processes:investigation system established to determinedelays in criminal justice system andlack of representation and improved casemanagement; Sentencing Policy developed;Juvenile Justice Policy implemented; Specializationto address cross-cutting andemerging issues in criminal justice; Enhancedand improved civil court case administrationand jurisdictional structures inmajor litigation categories; nationwide accessto legal information and representation;investigating policies for improvedlinks between formal and informal justicesectors and oversight of the informal by theformal.Governance, Rule of Law and Human Rights 65
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In the name of Allah, the most Merc
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Executive SummaryI. INTRODUCTIONAfg
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Executive Summarydeveloping capacit
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2. The Afghan National Police (ANP)
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Afghanistan National Development St
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Afghanistan National Development St
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Executive SummaryWater Resources Ma
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Executive Summarystrengthen the ref
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Executive Summaryfor Capacity Devel
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Executive SummaryOver the past five
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Executive SummaryA key priority of
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Executive SummarySustaining the nas
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Islamic Republic of AfghanistanAfgh
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Map of AfghanistaniiiAfghanistan Na
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Map of Afghanistan ................
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Current situation: assessment of ai
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ACACBARADBADCAfCERTAFMISAGOAIHRCAIS
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Glossary of Afghan TermsAmu DaryaBa
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percent of the seats in the Nationa
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capacity limitations throughout the
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dress the security, governance, and
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PART IPROCESS, GOALSAND POLICYDIREC
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of the country’s 34 provinces are
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pertise, ability to manage risk and
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A Transport Sector Inter-Ministeria
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sion of service coverage and monito
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Page 75 and 76: CHAPTER 2THE PARTICIPATORY PROCESS
Page 77 and 78: Figure 2.2. ANDS timeline 1385 - 13
Page 79 and 80: tation of projects. The PDPs develo
Page 81 and 82: Figure 2.3. Proportional representa
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Page 86 and 87: season being covered. To overcome t
Page 88 and 89: Consumption DisparityConsumption in
Page 90 and 91: correlated with higher involvement
Page 92 and 93: • Improving donor coordination an
Page 94 and 95: sickness or loss of a working famil
Page 97 and 98: CHAPTER 4MACROECONOMIC FRAMEWORKHig
Page 99 and 100: age points - from 42 percent of the
Page 101 and 102: Figure 4.4. Size of foreign assista
Page 103 and 104: ooooIncrease interdiction efforts a
Page 105 and 106: Consistent with the growth strategy
Page 107 and 108: policy, it will remain vigilant aga
Page 109: In the short term, the Government w
Page 112 and 113: groups and neutralizing armed eleme
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Page 116 and 117: Significant steps have been taken s
Page 118 and 119: Table 5.1. Integration of the Cross
Page 120 and 121: Current Situation in the SectorAfgh
Page 124 and 125: Table 6.2. Key Objectives of the Na
Page 126 and 127: Current Situation in the SectorAchi
Page 128 and 129: Table 6.1. Cross cutting issues in
Page 131 and 132: CHAPTER 7ECONOMIC AND SOCIAL DEVELO
Page 133 and 134: commitments to increase the goods a
Page 135 and 136: investment opportunities cannot be
Page 137 and 138: Despite progress and efforts to dat
Page 139 and 140: tor regulator, which will adopt a t
Page 141 and 142: percent of households in Kabul and
Page 143 and 144: icy priorities and decisions pertai
Page 145 and 146: at the same time rehabilitating and
Page 147 and 148: Further, the unstable security situ
Page 149 and 150: ilitation that will provide all wea
Page 151 and 152: • Increased Agricultural Producti
Page 153 and 154: the poverty reduction goals. Carefu
Page 155 and 156: separate policies - one for basic t
Page 157 and 158: tions designed to promote Governmen
Page 159 and 160: • Urban Development: By the end o
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Page 163 and 164: • Strengthened municipal capacity
Page 165 and 166: This Sector Strategy incorporates f
Page 167 and 168: high baseline level of 165 infant d
Page 169 and 170: temporary or permanent disabilities
Page 171 and 172: • the proposals that are consider
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In Higher Education, universities h
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the primary level. In rural areas,
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carry out construction of buildings
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prosperous and productive future in
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covery, and peaceful development of
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• By end-2012/13 the Government w
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to re-forest Afghanistan (i.e., “
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policy making. However, lack of the
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countries through policy negotiatio
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Provide housing, facilities and soc
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Table 13.0.1. Cross Cutting Issues
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SectorAnti-CorruptionGendering fina
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SectorAnti-CorruptionGenderCounter-
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SectorSocialProtectionAnti‐Corrup
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CHAPTER 8CROSS-CUTTING ISSUESThe AN
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COUNTER NARCOTICSBackground and con
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inforcing the integrity of public a
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activities on gender. The Governmen
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Resources and Environment. The orga
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PART IIIAID EFFECTIVENESSANDCOORDIN
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children have enrolled in primary a
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crease donor support for preventive
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Increasing the volume and concessio
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tation of the PRGF. Moreover, the s
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CHAPTER 10IMPLEMENTATION FRAMEWORKT
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lation and execution capacities to
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By committing themselves to funding
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ROLE OF THE MTFFThe three year Medi
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Consultative Groups (CGs) will cont
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CHAPTER 11MONITORING FRAMEWORKThe A
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(for ISAF), Afghanistan Information
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Figure 11.2. ANDS Poverty Monitorin
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Table 13.1. Monitoring and Evaluati
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ANDS Monitoring and Evaluation Indi
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CHAPTER 12CONCLUSIONWhile significa
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larger and more efficient private s
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APPENDICES
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PILLAR : SECURITYSECTOR : SECURITYE
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PILLAR : GOOD GOVERNANCESECTOR : GO
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PILLAR : GOOD GOVERNANCESECTOR : GO
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PILLAR : GOOD GOVERNANCESECTOR : JU
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PILLAR : ECONOMIC GOVERNANCE AND PR
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PILLAR : INFRASTRUCTURESECTOR : ENE
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PILLAR : INFRASTRUCTURESECTOR : ENE
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PILLAR : INFRASTRUCTURESECTOR : TRA
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PILLAR : INFRASTRUCTURESECTOR : URB
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PILLAR : INFRASTRUCTURESECTOR : MIN
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PILLAR : INFRASTRUCTURESECTOR : WAT
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PILLAR : INFRASTRUCTURESECTOR : INF
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PILLAR : EDUCATION AND CULTURESECTO
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PILLAR : AGRICULTURE AND RURAL DEVE
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PILLAR: SOCIAL PROTECTION & REFUGEE
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APPENDIX IIMonitoring MatrixPILLAR:
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PILLAR: GOVERNANCE, RULE OF LAW AND
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PILLAR: GOVERNANCE, RULE OF LAW AND
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PILLAR: INFRASTRUCTURESECTOR: TRANS
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PILLAR: INFRASTRUCTURESECTOR: TRANS
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vincial capitalsImproved ICT covera
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PILLAR: EDUCATIONSECTOR: EDUCATION
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services able throughout Afghanista
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PILLAR: AGRICULTURE & RURAL DEVELOP
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PILLAR: SOCIAL PROTECTIONSECTOR: RE
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G:Islamic Republic of AfghanistanAf
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