Monday, May 10, 2010

Combating Administrative Corruption in Afghanistan

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Table of Contents

Excutive Summary. 3

Part 1. PROBLEM ANALYSIS:

1.1. Background. 6

1.2. Administration. 6

1.3. Corruption: What is it and how does it occur?............................................................... …….6

1.4. Who is Corrupt and Who are the Victims. 8

Part 2. CURRENT GOVERNMENT’S POLICY EFFORTS TO ADDRESS CORRUPTION:

2.1. Policy Efforts ……….………….…………………………………………..…………….…...8

2.2. Existing Anti-corruption Institutions…………………………………………..……………..9

Part 3. Dimenstion, Cuases and Negative Impact of Corruption:

3.1. Nature of Corruption……………………………………………………………………….....9

3.2. Extreme Poverty……………………………………………………………………………...10

3.3. Government Faluire 10

3.4. Fragile Security and Political Instability……………………………………………………..11

3.5. Law Enforcement Agencies Failure………………………………………………………….11

Part 4. COMPARATIVE ANALYSIS:

4.1. Media 'Watchdog' role……………………..………………………………………………...12

4.2. Media as a Tool against Corruption………………………………………...……………….14

4.3. Lessons from Japan for Afghanistan…………………………..……………………………14

Part 5. ACCESS TO INFORMATION:

5.1. Right to Information (RTI) Successful Experience…………………………………………18

5.2. Legal Feasibility in Afghanistan for the RTI………………………………………………..19

Part 6. CIVIL SOCIETY:

6.1. Definition……………………………………………………………………………………20

6.2. Civil Society in Afghanistan…………………………………………………………………21

6.3. Afghanistan Civil Society Entities ( NGO’s)………………………………………………..21

6.4. Community Council of Elders……………………………………………………………….22

6.5. Interest Groups……………………………………………………………………………….22

6.6. NIGERIA - a lesson for Afghanistan………………………………………………………..23

6.7. Background…………………………………………………………………………………..23

Part 7. ENFORCEMENT AGENDA:

7.1. Enforcement Institutions……………………………………………………………………..27

7.2. Anti-Corruption Agencies……………………………………………………………………30

7.3. Analysis of Existing Anti-Corruption Laws, Regulations, and Policies……………………31

Part 8. RECOMMENDATIONS:

Policy Recommendation One………………………………………………………………….....31

Policy Recommendation Two. 33

Policy Recommendation Three…………………………………………………………………...35

Part 9. IMPLEMENTATION STRATEGY..………………………………………………….38

Conclusion.. 39

Recommendation. 40

Bibliography. 42

Executive Summary:

Like many other countries in the world, Afghanistan tries to find ways to address the issue of corruption. Corrupt practices at all levels within the government have led to creating enormous problems for impoverished ordinary Afghans, who directly bear the burden of this ominous phenomenon. Addressing the systemic corruption issue is vital for the future life of the country, and requires a fundamental solution. Thus, it is essential to find out how and to what extent corruption has negatively impacted the daily life of Afghans.

Afghanistan has a complex geopolitical history that has turned the country into a buffer zone and proxy battlefield between rival superpowers and regional powers. In the 1980s, following the invasion of the country by the former Soviet Union and the emergence of anti-Soviet Mujahideens, or holy warriors, corruption became pervasive in different forms: political corruption, nepotism, theft of public properties, embezzlement in government institutions, and others.[i] During the invasion, most part of Afghanistan turned into a battlefield between Soviet troops and their installed regime from one side, and Mujahideen fighters on the other side. The conflict severely worsened the quality of life in the country. In some cases it totally obliterated the economic, legal, social and cultural infrastructures of the country. Once the rule of law had been lost, the government agencies and judicial system were unable to maintain order, which often led to anarchy. The collapse of the government institutions was especially prevalent in the countryside.[ii] Furthermore, it forced 20% of the population to flee the country. Meanwhile, insecurity, extreme poverty and high unemployment rates forced Afghans to get involved in illegal activities in order to survive. As a result, between 1987 and 2000, per capita rate of production dropped by 45%.

The invasion combined with the civil war and protracted conflict has remarkably hindered economic growth in this country. Currently, Afghanistan is still one of the poorest countries in the world. The country heavily relies on international aid for 90 percent of its expenditures. In addition, about 40 % of the estimated 15 million people labor force is unemployed, and approximately 53% of the population lives under poverty line. Furthermore, according to the Transparency International, it is the second most corrupt country in the world[iii].

It is worth noting, that in late 2001, following the fall of the Taliban regime, a new era began blossoming in Afghanistan’s history—direct intervention of the international community in the country. Afghanistan began to slowly, but steadily enjoy a better economy. This was due to a multi-billion-dollar aid donated by the international community aimed at rebuilding the war-torn country. However, the financial surge also increased Afghanistan’s vulnerability to corruption.[iv] Thus, despite of enormous contributions, a large number of Afghans, over 50% still lack access to the basic services in most parts of the country.

Production of illicit drugs is another causal factor that has led to a shift toward corrupt practices in Afghanistan. According to UNODC 2009 survey, Afghanistan produced 93% of illicit drugs in the world, generating about $3 billion in black-market trade.[v] According to Afghan law, production of illicit drugs is considered a form of corruption. The survey also says that 23% of the country’s GDP ($ 2.5 billion) changed hands in the form of bribery. Based on the 2010 UNODC survey, besides the lack of rule of law, high unemployment rate, extreme poverty and lack of basic infrastructure, corruption is the highest threat to the social fabric of Afghanistan.

As will be demonstrated in the discussion that follows current government efforts have overall been ineffective in decreasing corruption. Furthermore, implementation of the current strategy has proved counter-productive in some instances; public frustration has encouraged people to seek alternative service provider (joined hand with the Taliban), which further jeopardizes an already fragile state. In our findings, Afghan citizens understand that the central government is weak and in some areas doesn’t even exist, public administrators’ salaries are very low, frequently not paid, a long history of the devastating war, conflicts, fragile security situation all provoke everyone to resort petty corrupt practices, which are a low risk and high profit activity in order to take it from day to day. As reported by the United Nations Office on Drugs and Crime (UNODC), the salary paid by the government is one-tenth of the income that is gained from corruption – such a high income from low risk petty corruption making the opportunity cost of not resorting only to the government payment.

This paper analyzes “Administrative corruption in Afghanistan” as a problem study and introduces a comparative analysis of best practices from benchmarking model countries which are less corrupt with more successful anti-corruption experiences: India has applied the RTI (Right to Information) Act as a solid mechanism of curbing corruption; Russia has built a strong legal base for anti-corruption struggle; a successful role of strong investigative media clarifying corrupt cases in Japan; the civil society and public role in eradicating corruption in Nigeria. The comparison will allow for insightful policy recommendations of successful strategic options used in these countries. Likewise, the paper will discuss the advantages and challenges of each option related to efficiency, equity and political feasibly.

The authors have concluded that any policy that can be successful in addressing the corruption issue, and achieves the goal of improving governance, rule of law and the social service delivery in Afghanistan has to recognize that it is not Pareto-efficient to curb socially accepted practices of bakhshish (gift/tip) without providing civil servants with an adequate salary and without addressing the issue of massive poverty in this county.

The analysis also considers the policies that could instead reconfigure the dynamics of booming corruption, such as secrecy of public information, highly centralized government, monopoly excursive of power, unlimited discretion of power, lack of public participation and civil society in a political process. The policies would also aim to reduce the externalities that are currently imposed by a massive poverty, weak rule of law, Afghan kinship, and social acceptance of corruption and high expectation of family’s friends from civil servants. In this vein, these brief analyses lead to three potential policies: a) Legalizing access to official Information; b) “Reform program” of judiciary, and c) Public/civil society for anti-corruption program (1.Elected governors, 2. Open debate of civil society, 3.Strong media role).

The proposals of each have its merits and demerits relative to societal benefits and costs, which the government will need to consider in its decision-making. For the reasons explained in the conclusion of this brief, the authors recommend that the government adopt the implementation of a hybrid of two policy options: Judiciary reform program combined with strong independent media and elected governors in the short-run and Legalizing access to official Information and civil society engagement and civic education as a long-run sustainable strategy. In our view, this phased and multi-pronged approach would provide the best chance to succeed in meeting the goals of restoring the integrity of public administration and improving social service delivery and good governance in Afghanistan.

Part 1. PROBLEM ANALYSIS:

1.1 Background:

Afghanistan is located in South-east Asia, rugged land locked country sharing borders with Tajikistan, Turkmenistan, Uzbekistan, Iran and Pakistan.[vi] Other important data regarding the country are indicated in the fact sheet below:

Facts & Figures

Land area:

652,090 km2

Population:

28.89 million (2009 forecast)

Population growth rate:

4.00% (2006)

Urban population:

24% of total population (2008)

Life expectancy:

44.5 men; 44 women

Religions:

Muslim 99%, others 1%

Internet users:

1.84% of total population (2008 est.)

Telephone subscribers:

17.50% (2007) of total population

GDP per capita 2009:

US$870

GDP Growth Rate 2008/09:

17.8% (estimated)

GDP by sector:

Agriculture: 31%; industry: 26%; services: 43%

Infant Mortality:

115 per 1,000 live births

Unemployment rate:

Over 40%

Adult literacy:

43% men; 14% women

Poverty:

53% of the population living on wage less than USD $2 day

Labor force by sector(2004):

Agriculture: 80%; industry: 10%; services: 10%

Adapted from Global Finance

1.2. Administration:

The current infrastructure and capacity of the Afghan Administration are not responsive to the daily basis development and social political and economic needs of the country. Afghanistan has divided into 34 administrative units (provinces) and 419 districts. The total number of public servants is 395,666, 389,566 of which are employed by central government and 6,100 are employed by provincial enterprises throughout the country[vii]. Administrative systems are traditional; employed based on the non-merit system of nepotism, war-lordism and Afghan kinship.

1.3. Corruption: What is it and how does it occur?

There is no question that corruption is, before anything else, a type of crime, thus making it and other types of crime highly correlated. Generally corruption has been defined by the UNCAC as an “abuse of public property and authority for personal gain.” In most cases it is an underhanded deal between a bribe taker, a giver and the middlemen. However, according to the Afghan National Anti-Corruption Strategy (ANACS) corruption is not limited to bribery. It also includes abuse of public properties for personal benefit, nepotism, cronyism, mediation, influencing actions to gain personal benefits, illegal use of public position, not paying taxes, money laundering, theft of public properties, embezzlement, the cultivation, production and smuggling of drugs, irregularity and fraud in election process and so on. The evidence shows that one of the main factors behind corruption in Afghanistan is monopoly centralized power with an unlimited discretion exercised by the government. According to Klitgaard (1996),[viii] Monopoly power is mostly witnessed in highly industrialized economy but unlimited discretionary power is exercised by developing countries. The author has illustrated dynamics of corruption in developing countries by the following equation:

Corruption = Monopoly Centralized Power + Unlimited Discretion – Accountability

As a result, the threats posed by corruption strike at the core of the nation itself. It impedes efforts to rebuild a nation torn by decades of civil armed conflicts and widely contributes to the instability of the country. This unpleasant phenomenon is a growing challenge in front of the fragile government and new-born democracy in Afghanistan. According to Khalid Mafton, the former oversight director of the High Office of Oversight and Anti-corruption: “Corruption is the main cause of growing insecurity, slowing economic growth, state building, and reconstruction process in Afghanistan. Without addressing the corruption issue, the country cannot move towards reconstruction and stability. In addition, it will create more gaps not only between Afghans and the government, but also lead to bigger gaps between poor people and those, who became wealthy through corruption. This will, in turn, lead to further social disaster and increase conflict across the country.

1.4. Who is corrupt and who are the victims? To what extent does corruption impact the life of the people?

Administrative corruption is an illegal activity, imposed on the people and society in an organized manner inside the structures of the government either by corrupt bands or by separate officials. Corruption causes distrust, loss of confidence, and an inability to close the gap between people and governmental agencies.

According to the USAID’s (2008) corruption assessment, Afghanistan’s justice system is dysfunctional and commonly perceived as the most corrupt system in the country. Many Afghans believe “that courts and justice are market commodities to be bought and sold”. Respectively, police, criminal investigators, prosecutors, and judges have often been either “bought” or “sold” in the name of Afghan justice. This negative social phenomenon often affects the most vulnerable segments of a society including people with disabilities, children, and women. A recent UNODC (2009) survey was conducted throughout the country involving 7,600 Afghan repsondents. Despite extreme poverty, people in this country believe that corruption is the biggest threat to their life (59%), every day experience of dishonesty is overwhelming their social life rather than insecurity 54%, and unemployment, which is 54% and massive poverty 53%.[ix]. It is clear that the Afghan people see that the poverty is just a side effect of the greater problem, corruption.

Part 2. CURRENT GOVERNMENT’S POLICY EFFORTS TO ADDRESS CORRUPTION:

2.1. Policy Efforts:

The Afghan government, along with international community, has committed itself to take concrete actions in elimination of corruption within the country. The government has given priority to curbing corruption in several key national documents, including Afghan National Development Strategy (ANDS) as well as the Afghan Compact. Recently the United Nations Security Council has passed a resolution that mandated the UNAMA (United Nations Assistance Mission in Afghanistan) to put in effort jointly with the Afghan government the rule of law in order to effectively combat corruption in this country(S/2009/9624)[x]. The Afghan government has re-announced its strong commitment to eliminate corruption and has taken paces in this regard, including establishment of the Anti-corruption body in 2008 (High Office of Oversight), ratification of the United Nation Convention against Corruption (UNCAC)[xi] by the Afghan parliament in August 2008 and development of the National Anti-corruption Strategy (NACS).

2.2. Existing Anti-corruption Institutions:

Currently there are twelve institutions including police, the Attorney General Office (AGO), the Control and Audit Office (CAO), the High Office Oversight (HOO), [xii] the independent Administrative Reform and Civil Service Commission (IARCSC) and the Supreme Court. While these anti-corruption institutions are in place to work for strengthening the national integrity system of the country, their work is inadequate and their public outreach is limited. They lack experts and professional employees, and their legal jurisdictions are unclear and in most cases overlapping with other organizations which further complicate and restrict the use of available legal instruments.[xiii]

Part 3. DIMENSION, CAUSES AND IMPACT OF CORRUPTION:

3.1. Nature of Corruption:

According to the World Bank’s Institute, the research paper (Role of Media Curbing Corruption by Rick Stapenhurts) claims that causes of corruption are rooted in the Country’s social and cultural history, political and economic development, bureaucratic traditions and policies.[xiv]A low salary scale, vague administrative procedures, unlimited discretion and lack of ethical code, traditional Afghan kinship have created an expectation of those who are working as senior officials to give unconditional-support to their kin and relatives (family and ethnic groups). Corruption has deeply integrated into the social interactions of the people, for instance, a Bakhsheesh (tip/gift) giving-taking process has converted into a usual administrative practice. Administrations with such characteristics are not able to deliver good-quality services efficiently or quickly enough to address the public needs. In addition, the appointment of governors, deputy ministers, judges, chiefs of police in provinces, district governors, mayors and other senior officials, in most cases is exercised by the President. Such a process has significantly increased dependency on the central government and centralization of power around the President, leading to further corruption and disorder.[xv]

2.3. Extreme Poverty:

"When public money is stolen for a private gain, it means fewer resources to build schools; hospitals, roads and provide food and water treatment facilities. When foreign aid is diverted into private bank accounts, major infrastructure projects come to a halt," said the UN Secretary-General Ban Ki-Moon on International Anti-corruption Day (2008). He warned that "the vulnerable suffer first and worst".[xvi] Currently 53% of the population of the country is surviving with an income of less than $2(USD) per day despite they have to tolerate enormous burden of corruption as well.[xvii] As the UNODC report elaborates, corruption is so deeply rooted in the life of Afghan people that it determines whether parents can afford to provide their children with food and dress them, enroll them in school or enjoy the protection of law enforcement agencies and greater security. (Further information in Annex)[xviii]

2.4. Government Failure:

Based on the Transparency International’s Corruption Perception Index (CPI), in 2009 Afghanistan ranked 179th out of 180 countries. This places the country as the second most corrupt in the world after Somalia.[xix] According to the UNODC’s Afghanistan corruption survey report, for Afghans it is impossible to acquire any service from government without paying a bribe. The report further asserts that 75% people paid estimated $160 (USD) last year, while the GDP per capita was $870 (USD) per year. The total amount paid within 12 past months made up $2.5 billion (USD), which is equal approximately to one-fourth (23%) of the country’s GDP.

Based on the UNODC survey, bribes are paid not just for one reason, but for many different purposes. Thus, 74% bribes have been paid to speed-up the lengthy, administrative procedures and 51% people have given bribes to finalize their trapped documents within government offices. It is widely considered that a bribe is mutually beneficial for officials and people: a bribe is given to a public official to pass up a fine or to be delivered better and timely services. According to the DFID (UK-Department for International Development) report, the defrauding amount in the Afghan government customs revenues reaching $30 million (USD) per year. [xx] Moreover, based on the UNODC‘s report, 54% of Afghan population believe that NGOs, playing a transferring channel for foreign contributions to Afghanistan are “corrupt and are in the country just to get rich”. [xxi]

2.5. Fragile Security and Political Instability:

Security and stability in Afghanistan are significantly delicate. Because of the insecurity, the central government in many districts is not able to deliver health, education and other basic services. At a press conference in 2008 a special representative of the UN Secretary General to Afghanistan, Kai Eide has mentioned: “that corruption in this country has turned to an endemic; its negative implication further hurts the poorest people disproportionately; derive people away from the government and overwhelms our joint efforts to restore peace, security, stability and development in Afghanistan”.[xxii] Corruption relates to development in the way that war relates to peace. It undermines development and the rule of law, being a serious threat to the security and stability of Afghanistan through paving the ground for all sorts of trafficking and smuggling, including fueling terrorism in this country. (Annex).

2.6. Law Enforcement Agencies Failure:

The highest judicial body - Supreme Court - is defined as “an independent organ of the state” by the Afghan Constitution. Afghanistan currently lacks a special court to deal with anti-corruption issues.[xxiii] Lack of the adequate coordination among law enforcement agencies, unwillingness, reluctant and slow cooperation, and lack of enforcement resources within the judicial system have turned the justice house into a market commodity. In addition, interference of public officials into the court work causes a further delay in court proceedings; pressure of the family members on judges, insufficient judiciary oversight, judges’ insecurity, barriers of access to information, length of trials have been considered significant hampers to a fair treatment that cause corrupt practices in judiciary[xxiv].

The main problems for the prosecution office are the culture of impunity for powerful corrupt officials and lack of immunity for whistle-blowers. The social tolerance and commonality of corruption all over the country have given an impression to the Afghan people that “it’s more economical to buy a judge rather than to hire a lawyer.[xxv] That’s why the Afghan government must seriously address this issue and ensure future integrity and credibility of the public administration and prosperity of Afghans[xxvi].

Therefore, in this study we have empirically examined roots of the corruption, paid particular attention to the institutions that help determine the extent to which policy makers can be held accountable for the actions of their staff. Also, we have analyzed the role of Media in Japan, “Right to Information” (RTI) project in India, the civil society in Nigeria and law enforcement in Russia.

Part 4. COMPARATIVE ANALYSIS:

4.1. Media ‘Watchdog’ role:

In many countries where there is a weak rule of law with corrupt law enforcement agencies, national media plays a “watchdog role” on holding the government accountable in order to ensure good governance and the rule of law. According to the USAID report, 43% of Afghans explained that media doesn’t have any interest in and rarely covers corruption issues. The people in the southern part of the country say that corruption reports are seldom featured in the news.[xxvii]

The literacy rate in Afghanistan leaves much to be desired and is today below 30%. Radio is considered the only main stream of the Afghan media. Only 1.85% of the people have an access to Internet services. As a result, people cannot use the Internet as a stable resource of information. In this situation, every Afghan can only see the top of the ‘iceberg’ of corruption. Afghanistan’s Constitution Article 34 states "Freedom of expression shall be inviolable. Every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution."[xxviii] While the Constitution guarantees the right to expression and right to information, the reality in the ground is totally different. For instance, 54% of Afghan radio journalists have been intimidated for reporting on the presidential elections.

According to James D. Wolfensohn (1999), president of the World Bank, “Civil society and the media are crucial to creating and maintaining an atmosphere in public life that discourages corruption and fraud. Indeed, they are arguably the two most important factors in eliminating systemic corruption in public institutions”. James further argues that the efficacy of the media, in its turn, depends on “access to information” and “freedom of expression” as well as on professional and ethical cadre of investigative journalists. The author emphasizes that such issues as private versus public ownership of the media, the need for improved protection of journalists who investigate corruption and media regulation are very critical.

The journalists in Afghanistan continue to face an increasing harassment. The study shows that 70% of threats and harassment were from warlords, local government authorities and mostly Taliban. They are forcing journalists to exercise self-censorship. For instance, on April 12th, 2010 the Taliban militants in Afghanistan were threatening to kill two kidnapped French journalists unless their demands are met, including the release of some detainees held by French forces in Afghanistan.[xxix]

2.7. Media as a Tool against Corruption:

A stronger political and economic com­petition can enhance accountability, open up alternatives to deal with corrupt networks, and create incentives for political leaders to move against corruption. Media can work between powers. To use the media as a tool against corruption, people need an alternative choice.[xxx]

In 1973, Japanese Prime Minister Kakuei Tanaka’s corruption was revealed by a freelance investigative journalist: Takashi Tachibana. At first, his article was almost ignored by the national media, because most of the Japanese mass media had been bribed by the prime minister. However, The New York Times’ and The Washington Post’s interests in Tachibana’s article led to the Japanese media’s relentlessly covering the Prime Minister Tanaka’s case and underlined his political rival’s strong ethical standing. As a result, Mr. Tanaka was forced to resign towards the end of 1974.[xxxi]

One of the biggest corruption cases in Japan wasn’t reported by the media. However, in late 1975 and early 1976, a sub-committee of the U.S. Senate led by Senator Frank Church concluded that the members of the Lockheed board had paid bribes to the members of some friendly governments to ensure 100%-guaranteed contracts for their military aircrafts. In 1976, it was publicly revealed that Lockheed had paid $22 million in bribes to foreign officials while negotiating the sale of aircrafts including F-104 Star-fighters within the procurement process known as "Deal of the Century".[xxxii]

A.C. Kotchan (President of Lockheed Corporation) testified to the United States Senate Committee that Tanaka had also received a bribe. Though Tanaka had resigned by that time, he got arrested under his political rival’s administration. Many Japanese felt that what was wrong in the country was Tanaka's 'money-politics', a concept that had been invented by the newspapers.[xxxiii]

2.8. (Lessons from Japan for Afghanistan):

According to the USAID handbook on fighting corruption (1999), the fact-finding journalism fosters anti-corruption approaches and provokes a political will for reform. In revealing corrupt acts, investigative press elicits prevalent indignation about corruption and puts pressure on the government for change. It is exactly this threat of disclosure that stimulates regimes to censor the press and threat Media. Independent media, however, is not, certainly, enough in addressing corruption. In many countries, journalists need proper training on fact-finding procedures, professional principles and ethics code and newsroom society. In Tanzania and Uganda, the EDI organized workshops to train investigative journalists. The workshops were designed to raise the skills and confidence of journalists and to cultivate the media’s commitment to fight corruption. As the World Bank has stated, “civil society and the media are crucial to creating and maintaining an atmosphere in public life that discourages fraud and corruption. Indeed, they are arguably the two most important factors in eliminating systemic corruption in public institutions.”

So, an alternative choice is important for the media in terms of reducing corruption. However, in Afghanistan there is no strong political and economic competition under the highly centralized presidential system.[xxxiv] What can the alternative power against highly centralized government of Afghanistan be to make the media play an effective “watch-dog” role, ensuring its accountability and transparency? The authors argue that the alternative power can be the international society and donor community which are contributing to the country’s government. The case of Japan clearly gives the clue that partnership between national and international media is extremely vital in order to hold the government accountable to the public.

However, the international media is mostly interested in most high-profile and sensational issues such as war, conflict and other international related affairs. They rarely talk about corruption in Afghanistan, unless it has a root to political affairs in the country. Therefore, it is difficult for international societies and donor communities to get an exact picture about the actual corruption status in Afghanistan. Therefore, the cooperation between Afghan and international media is very significant to disclose corruption.[xxxv]

In the war-torn country like Afghanistan, the media encounters numerous challenges to act as “watchdog”. The national media is often vulnerable in a conflict situation, which would prevent it from normal operating. It is difficult to provide for an in-depth reporting in the conditions, when the staff and their families are affected by insecurity and instability as the Taliban have already kidnapped and killed so far several national and international journalists[xxxvi].

Free media alongside with a strong independent judiciary and effective legislature is one of the preconditions for good-governance. With regard to fighting corruption the media plays a multiple role - to raise public awareness about corruption, to explore and report corrupt practices in a professional and ethical manner. In order to succeed media is to be free. Moreover, journalists should be able to investigate and report without being physically intimidated by government authorities.[xxxvii] However, since 2001 several journalists have been harassed, assaulted, arrested and killed in line of duty.[xxxviii]

Currently there is a serious conflict between Karzai’s government and the U.S. administration. This was eluded in the recent corruption scandal during 2009 presidential elections in Afghanistan. Karzai alleged that the fraud was conspired against his administration by foreigners. As a result, the United Nations fired its No. 2 official in Afghanistan Peter W. Galbraith who was accusing Karzai administration of the election fraud. To think about the power balance of the U.N. and the U.S. in Afghanistan, the U.N. had to follow the international convention on principles against corruption. The author further argues that there is no conflict between Karzai and the U.N or the U.S., but rather between Karzai and international community[xxxix]

On the other hand, President Obama paid an official visit on March 28, 2010 to Afghanistan to talk about anti-corruption strategies with his counterpart President Karzai. It seemed Obama went to see Karzai to persuade him to further cooperation on the process.[xl] Such a political pressure and a high international interest in Afghanistan’s corruption provided momentum for the media to play its role between the powers and reveal the high level corrupt practices in the country.[xli] Indeed, such opportunities pave the ground for fostering strong and independent media in Afghanistan. It goes back to the political pressure of U.S administration through the Secretary of State Henry Kissinger that reported on the Lockheed scandal, which led to a huge government reform in Japan and the captivation of the corrupt former prime minster Tanaka.[xlii] The above assertion elaborates that national and international partnership as well as international support of the anti-corruption process worldwide, hold the government accountable and reduce the corruption.[xliii]

In case of Japan we have perceived that partnership between the national and international media prevailed the Tanaka scandal. The author argues that such high profile political corruption mostly featured in national and international media, but we need to foster partnership between local and international media, which would motivate and encourage the investigative role of the local media to report small corrupt practices. In a broader perspective, the investigative media role at the local level and partnership at the international level would bring the public administration to the scrutiny of public inside the country (at the national level), and outside the country - to the scrutiny of international public.

Thus, international organizations and international societies have a strong interest about Afghanistan’s corruption status. Furthermore, Japanese government would like to offer 5 billion dollars through an international organization for the vocational training project in Afghanistan. Japanese government, media and international organizations are interested in how to prevent corruption not to waste this massive contribution.[xliv]

Part 5. ACCESS TO INFORMATION:

The International Federation of Journalists in 1996 announced that “Citizens Right to Know is lifeblood of democracy”. Secrecy policy of the government as well as ambiguity of administrative procedures are among the main factors facilitating systemic bribery in public service, since less informed people would be more vulnerable to corruption. According to the World Bank’s assessment of fighting corruption in Afghanistan, only one-third of Afghan people in urban areas don’t understand what the government is doing. 26% of the population doesn’t have enough information to respond fully. Due to a weak management and lack of effective mechanism, the government has failed to establish good communication with the citizens. The acquisition of information on administrative procedures is often withheld, unless it is done through friends, family and relatives, which give an exclusive access to few people, that create ground for corruption.[xlv]

5.1. Right to Information (RTI) Successful Experience:

Despite of unfavorable conditions and big hurdles, efforts are on to reduce the corruption by the Afghan government through regional and international cooperation. At the regional level, Afghanistan is a member of the South Asia Association for Cooperation (SAARC). All SAARC member countries - Nepal, Sri Lanka, the Maldives, Bhutan, Pakistan and South Africa - have participated in the meeting “Transparency, Right to Information and Social Development”. The Afghan deputy minister of labor and social affairs represented his country Afghanistan.[xlvi] At the end of the meeting the “New Delhi declaration” of ministers of social representative was signed. The relevant parts of the declaration related to the Right to Information (RTI) are in the Annex (1):

1. Underlying the relevance of empowering the people and civil society of the region through transparency, public accountability and right to information leading to better governance and social development.[xlvii]

2. Promoting and facilitating through exchange of best practices, early adoption, in accordance with national priorities, of appropriate legislation, conferring the right to information for all citizens from the government and public authorities, to eliminating arbitrariness and corrupt practices and improve governance at the regional, national and local levels.[xlviii]

By the Delhi Declaration, Afghanistan is committed to enact a law ensuring the right to information in accordance with article 50 of the Constitution to empower the masses. The RTI act sets out the scheme for the citizens to secure an access to information under the control of public authorities. In Indian RTI experience, this law is the most significant milestone in the history of empowering the masses.[xlix] Srinivas Madhav, in his article; “The Greatest Change Maker” says that the Right to Information is such a bright tool that it can make the blind see and deaf hear![l]

Another relevant factor is that the countries resolved to promote and facilitate the RTI for all their citizens through an exchange of best practices and adoption of appropriate legislation, subject to their distinct national priorities. The SAARC member countries have enacted such a law in different names: 1) Nepal: Right to Information Act, 2008. 2) Bhutan Infocommn and Media Act, 2006. 3) Telecom Regulatory Authority of India brought Right to Information Act, 2005. 4) Network for Radio and Communication (Nepal, Bangladesh).

2.9. Legal Feasibility in Afghanistan for the RTI:

Article 34 of the Afghanistan Constitution provides that freedom of expression shall be inviolable. “Every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution.”[li] In accordance with the above constitutional provision, a detail law - “the law on mass media”- has been enacted. Hence, Afghanistan has a legal framework to control, regulate and protect the media.

Likewise, Article 50 of the Afghan Constitution empowers the people saying that “The Afghan citizens shall have the right of access to information from state departments in accordance with the provisions of the law. This right shall have no limit except when harming rights of others as well as national security”[lii]; they are empowered but unable to access the public information, due to absence of procedural laws. Thus, here lies the gap, which needs to be fulfilled by a right to information act like article 34, which induced “Afghan Media Law”.

In light of the Delhi declaration, the SAARC countries are committed to cooperate and share the best practices of the region among themselves. Furthermore, the members having such an act and experience will provide the needed help to each other. India has done good job on the RTI and is ready to provide the required help. Both countries, India and Afghanistan, have similarities and commonalities with respect to enactment and implementation of the RTI act. A comparison of proposed demand-driven solution given below to evaluate the favorable and unfavorable criteria’s with respect to the application of RTI for Afghanistan.

Access to information and freedom of expression are international human rights norms. Article 19 of both the UN Declaration on Human Rights and the International Convention on Civil and Political Rights (ICCPR) states that the right to freedom of expression includes not only freedom to ‘impart information and ideas of all kinds’, but also freedom to ‘seek’ and ‘receive’ them ‘regardless of frontiers’ and in whatever medium. Freedom of expression and the free flow of information and ideas include the right to information, but the right to official information is a more narrowly defined concept, which requires specific legislation. Official information is extremely important and represents one of many information types that ordinary people need in order to make informed decisions on matters that affect their lives.[liii]

Part 6. CIVIL SOCIETY:

6.1. Definition:

“Civil society commonly embraces a diversity of spaces, actors and institutional forms, varying in their degree of formality, autonomy and power” (2004, London School of Economics). However, the road to civil society is the extent to which citizens, organizations, coalitions, faith based organizations and advocacy groups exchange and collaborate based on shared interests, beliefs and ideas in order to strengthen government and humanity as a whole. As proposed by Edwards, civil society is ambiguous and with a wide range of convictions and practices that are simply not one size fit all. Yet, there is a metaphor used to define civil society that determines key variables, “although these norms sometimes differ, tolerance, non-discrimination, non-violence, trust and cooperation are common denominators, along with freedom and democracy so long as these are not defined exclusively in Western terms” (2009, Pg. 47). Therefore, a healthy civil society necessitates social, political, and economic equalities. The preconditions include a strong collaboration based on common interests between decision makers, organizing groups, public servants, businesses and the media with opportunities to engage citizens and allow a process for accountability.

2.10. Civil Society in Afghanistan:

Despite Afghans’ attempts to democratize the country, there are still cross-roads preventing from the development of the nation. The political instability, mass poverty, social inequalities, freedom of expression and lack of trust among stakeholders are the result of the conflict-ridden history. Although there are existing civil service structures in place, they are managed ineffectively leading to the hidden economy of corruption, which undermines public confidence. However, there is hope that Afghanistan can leverage the political leadership to address the challenges using fundamental approaches, maximizing the role of civil society and taking genuine reform ownership.

2.11. Afghanistan Civil Society Entities ( NGO’s):

In 2005, Afghanistan enacted a law for the purpose of defining, authorizing and regulating NGOs in the country. According to the Afghanistan Ministry of Economic webpage in 2008 there were 1, 297 local and 313 international NGOs registered with the ministry which collectively spent $28.8 billion (USD). The NGOs were involved in a broad spectrum of projects encompassing public health, education, agriculture, irrigation, rural development, human rights of (children, women, and disabled advocacy), elections and voters participation. Despite the endless efforts of many local and international NGOs in Afghanistan to combat poverty, corruption, public health and gender inequalities, progress has been stagnant.

Although currently there are still ongoing barriers in the public sphere, there are also examples of successful progressive initiatives in Afghanistan.[liv] The urgency described by the UNDP in 2008 to provide financial resources to the Afghan NGOs in order to “encourage the active involvement of civil society and media in the fight against corruption UNDP has established Accountability and Transparency Grants Facility”.[lv]

2.12. Community Council of Elders:

Afghanistan has traditionally used Community Councils in preserving security and enhancing their resiliency. The community councils are called Shuras and are selected based on experience, on their knowledge of religion, socio-economic prestige and good standing within the community. As a result, a 1989 investigation by the Afghan Agency Coordinating Body for Afghan Relief (ACBAR) suggested that “commentators also appear to believe that because of what they see as the egalitarian nature of Afghan culture, councils can be formed to function democratically and may even be used to strengthen democratic processes” which are ignored to be given role on anti-corruption (ACBAR, 1989).

The community Councils are useful due to their familiarity with local issues and the ability to problem solve. Further, they provide an outlet and resource for many Afghans, who are unable to channel their frustrations and concerns as it pertains to private and public issues. As noted by the US Peace Building Institute (2010), Afghanistan’s Community Councils “at present, some 80-90% of all legal cases in Afghanistan, criminal and civil, are resolved outside the formal legal system in community forums. Such forums are generally deemed more accessible, cheaper, less corrupt, and more legitimate than the formal courts” (2010, USIP)[lvi]

2.13. Interest Groups:

As noted previously, since the fall of the Taliban and a new democracy in Afghanistan, emerging approaches to civil society have surfaced including professional groups, youth groups, student associations and women forums. In most cases these grassroots organizations are informal and are active in urban communities.

2.14. NIGERIA - a lesson for Afghanistan:

Extensive research has been conducted to evaluate a country with similar civil society challenges that could offer Afghanistan and might be used for a comparative analysis and developing reform strategies to combat administrative corruption. The country of Nigeria was selected, primarily, because being similar to Afghanistan it is still in transition to democratic governance and for the following reasons: majority of the population are Muslims, 70% of the population remains in poverty, it is also situated in a strategic geopolitical region and others. Like Afghanistan, Nigeria also has an extensive experience in combating corruption that is embedded in the culture. Moreover, it has a vast experience in civil conflict, which also makes it similar to Afghanistan.

2.15. Background:

Nigeria is located in the extreme east of West Africa. It borders on Niger and Chad in the north, on Cameroon in the east, and Benin in the west. Nigeria has a population slightly over 149 million people consisting of over 250 ethnic groups. In a report by the CIA World Fact-book “Oil-rich Nigeria, long hobbled by political instability, corruption, inadequate infrastructure, and poor macroeconomic management, has undertaken several reforms over the past decade”.[lvii] According to the ARPM’s Report N8, describing the Nigeria’s political culture in 1999, the immune deficiency HIV/AIDS contributes extensively to the low life expectancy rate that is currently 46 for males, 47 for females and a high infant mortality rate.REFERENCE- ???

Similar to Afghanistan, independence in a multi-ethnic country came with great challenges. According to Corruption Perception Index (CPI) in 2009 Nigeria ranked 130-th out of 180 countries. Still, Nigeria has made some significant improvement since 2005 when it ranked 152. Like in Afghanistan threats of a coup are always present either from internal, regional conflicts or, as pointed out by Lloyd, from external groups. “Nigeria would be a ripe target for terrorism, given the state’s political instability, its role as a major oil exporter to the United States, and its status as home of Africa’s largest Muslim population after Egypt” (2004, pg. 146). (Footnote?)

Therefore, as a result of these challenges and the advocacy of the NGO leaders, democratic processes have started to take shape. Recent reforms in Nigerian laws and Constitution have strengthened anti-corruption strategies, instilled more confidence in the government and increased citizen engagement. The NGOs have been instrumental in breaking down the barriers that support literacy, build capacity and establishing community relations, particularly in rural areas where tradition values remain strong.

Furthermore, as noted by Kalu et al. referring to citizen interactions with the government, “participation in the more active sense involves exerting influence on administrative behavior and on the outputs of official actions” [lviii] The National Democratic Institute (NDI), a non-government organization is supporting citizens’ engagement in Nigeria by designing programs, that develop technical assistance in organizing techniques, broaden civic and voter education and encourages budget oversight and other skills that help make governments accountable.[lix] The NGOs in Nigeria have played a significant role in the progression of civil society. As partners to the government they have supported the development of social and economic programs to alleviate health and educational disparities and provide means for people to survive.

The NGOs have also challenged the government so as to respect people’s business and to fulfill it with maximum integrity. These include building capacity by providing knowledge and, in particular, the role of government, fostering opportunities for collective action against corruption and providing incentives for economic development. As noted by Kalu, referring to citizen interactions with government, “participation in the more active sense involves exerting influence on administrative behavior and on the outputs of official actions” [lx] Yet, how can people be empowered, if they don’t understand their role? The National Democratic Institute (NDI) is supporting citizens’ engagement in Nigeria by designing programs that develop technical assistance in organizing techniques, broadening civic and voters’ education, encouraging budget oversight and other skills that help make governments accountable.[lxi] However, the NGOs have also mobilized and empowered citizens to take an interest in public decisions and learn the electoral process so as the government is held accountable and citizens have a voice in the democratic processes.

Another example of the roles played by Nigerian civil society, that how community enabled through education, empowerment activities, and leadership capacity in order to ensure government is responsive to the needs of the people. When citizens are empowered they will take action. An example of a civic movement in Nigeria that has recently gained momentum was reported by the Economic and Financial Crimes Commission (EFC). A group of youth and women from the Women Liberation Group rallied at the EFC’s Office to show solidarity for the work the commission is doing to combat corruption.[lxii]

Therefore, our analysis of the role of civil society curbing corruption in Nigeria indicates that effective actions to encourage public discussion to raise public awareness on corruption negative implication and costs to the society.??? Furthermore, Nigerian civil society has conducted public awareness campaign on corruption at different levels of the community segments. Also mobilized non-governmental organization and, private sectors and citizen are which concluded to the promotion of integrity and reducing corruption.??? Nigerian civil society has mobilized the citizens to support for clean government and documenting and reporting corrupt practices of public officials. In the meantime they have induced anti-corruption culture through preparation and implementation of the civic-education program. Civil society evolves promoting healthy government that addresses rule of law, enhances social equality, economic security and political stability, while fostering trust among stakeholders and encouraging opportunities for citizen participation.

Part 7. ENFORCEMENT AGENDA:

The question of corruption is closely linked with the process of political democratization and economic liberalization as well as the efforts of building the rule of law and good governance. Corruption is widely spread in many post-authoritarian and post-conflict environments, as economic and political transitions offer fertile ground for its prosperity.

Corruption has been mentioned to undermine democratic institutions, slow economic development, contribute to governmental instability, attack the foundations of democratic institutions through distorting electoral processes, pervert the rule of law and create bureaucratic quagmires with the rule of total bribe. Under such conditions foreign direct investments are discouraged and small businesses throughout the country under consideration often find it impossible to overcome the huge "start-up costs" required due to corruption. Therefore, in a globalized world this social phenomenon causes a serious international concern and the role of specialized anti-corruption institutions both (within and outside the country) is very crucial.

As for pervasive corruption in Afghanistan, there are several factors behind it: access to justice is almost impossible for ordinary Afghans, lack of the government capacity and adequate rules and procedures in delivering good quality social services, corruption has becomes a means for survival, bribery is a high incentive and low risk activity, law enforcement is inadequate and leaves much to be desired. Years of conflicts and wars, fragile government authority, violence, the high unrestricted power of the government officials, low salary rate for civil servants, weak judiciary and legal enforcement system has led to a culture of unlimited corruption and impunity, with limited transparency and accountability in the use of public resources.[lxiii]

One of the cornerstones in fighting corruption and, in particular, of the enforcement process is accountability. Accountability ensures actions and decisions taken by public officials subject to oversight so as to guarantee that government initiatives meet their stated objectives and respond to the needs of the community. The concept of accountability involves two stages: answerability and enforcement. Answerability refers to the obligation of the government, its agents and public officials to provide information about their decisions and actions and to justify them to the public and accountability institutions authorized to exercise oversight.

Enforcement suggests that the public or the institution responsible can sanction the offending party or remedy the contravening behavior. Among other kinds of accountability they differentiate between horizontal and vertical. Such institutions of accountability as parliament and the judiciary provide what is termed horizontal accountability, i.e. the capacity of state institutions to check abuses by other public agencies and branches of government or the requirement for agencies to report sideways. Vertical accountability is the means through which citizens, mass media and civil society seek to enforce standards of good performance on officials.

Parliament holds the executive politically accountable (as parliament is a political institution); while the judiciary holds the executive legally accountable as it can only adjudicate on legal issues. Together they are expected to provide ongoing oversight, an order to keep the government accountable throughout its terms in the office. They may be assisted by other institutions such as supreme audit institutions, anti-corruption commissions, ombudsmen’s offices, human rights institutions, etc.

7.1. Enforcement Institutions:

The development and implementing of a sustainable anti-corruption environment and enforcement mechanism is a very difficult, complicated and long-term objective, which any country with a high corruption rate faces some day. Afghanistan being included. In this relation learning the experience of other countries, which used to have similar serious problems in combating this anti-social and anti-economic challenge is worth doing it. In our project we compare Afghanistan as an analysis object with other countries having similar corruption environment conditions and try to find and suggest recommendations in various walks of life, which function more successfully in the being compared country.

As for the enforcement mechanism in fighting against corruption we decided to take Russia as a benchmarking model, which is facing mostly the same corruption problems but, nevertheless, according to the Transparency International 2009 rating, it ranks 146-th while Afghanistan holds 179-th position of 180 countries totally [Corruption perceptions Index 2009. http://www.transparency.org/policy research/surveys indices/cpi/2009/cpi_2009_table]. Pursuant to the Transparency International’s assessments, the volume of Russia’s annual market of corruptions makes up almost $300 billion (USD), which equals approximately 18% of the country’s GDP in 2008 [“The Kremlin Can Not Cope with Corruption, the Volumes of Which Reach $300 Billion a Year”, Forbes, 11-18-2009. http://www.inosmi.ru/economic/20091118 /156558900.html], while the rate of corruption in Afghanistan accounts for 23% of its GDP.

When compared to Afghanistan, however, Russia looks better in terms of its legislative base which is more solid, what can be explained by a short term of building democracy in Afghanistan (only for 10 years now). Even within this period of time Afghanistan has managed to include a special provision in its Constitution (Article 50) addressing this social disaster and ratified the UN Convention against Administrative Corruption (2004); developed the Anti-Corruption Roadmap of Islamic Republic of Afghanistan (2008), a number of Anti-Corruption Laws (e.g. Law on the Campaign against Bribery and Official Corruption, Counter Narcotics Drug Law, Anti-Money Laundering and Proceeds of Crime Law and others) and the Strategy and Policy for Anti-Corruption and Administrative Reform (2009) and defined a number of actors who were to combat corruption [“Assessment of Corruption in Afghanistan”, USAID Report, 15-01-2009 - 15-03-2009. – pp. 16-18].

As for Russia, quite a number of significant Laws and Decrees have been developed and adopted since 90s of the last century. For instance, the Decree of the President “On general principles of the civil servants’ conduct” (12.08.2002), the Law “On the Public Service System” (25.05.2003), Law “On the public civil service” (27.07.2004), Law “On the municipal service” (02.03.2007) and the Law “On placement of orders for delivery of goods, execution of work, provision of services for the public and municipal needs” (21.07.2005) and others [“Joint First and Second Evaluation Rounds: Evaluation Report on the Russian Federation”, Greco Eval I-II Rep (2008) 2E, Strasbourg, 12-05-2008 Public. – pp. 5-6].

The decree ‘On Anti-Corruption Measures (May 2008) stipulated the formation of the Presidential Council for Combating Corruption (CCC) with the President at its head. In December 2008 the newly adopted Russian “Anti-Corruption Legislation” was officially published. It consists of three interconnected federal laws, which came into force in January 2009:

“On Counteraction to Corruption (establishes the general framework of anti-corruption legislation);

“On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law On Counteraction to Corruption” (develops provisions of the main law with respect to judges, members of parliament, persons holding state and municipal positions, etc);

On Amendments to Certain Legislative Acts of the Russian Federation in Relation to Ratification of the “UN Anti-bribery Convention” dated 2003 and the Federal Law “On Counteraction to Corruption”.

The National Anti-Corruption Plan (NACP, July 2008) and the Criminal Law ‘Convention on Corruption’ (January 1999) were a solid legal contribution to the enforcement mechanism formation. The NACP contains four sections: 1) measures for legislative provisions to combat corruption and bringing into line the current legislature with several international conventions; 2) measures to improve and streamline public administration in order to prevent and punish corruption and conflicts of interest via civil society mechanisms; 3) measures to improve legal education and to actively use the media as well as civil society organisations in the fight against corruption; and 4) priority measures to implement the NACP. President Medvedev has also announced the new anti-corruption regulations aimed at closing legal loopholes and preventing conflicts of interest that create new opportunities for corruption, and forcing senior officials to annually declare their assets in accordance with new procedures [“Russia Adopts New Anti-corruption Legislation”, Legal Alert: Russia, Bakery & McKenzie, Feb. 2009].

Thus, agreeing to President of Russia Mr. D. Medvedev’s recent words, the director of Russia’s regional affiliation of the Transparency International Elena Panfilova stressed that “Russia has created a necessary legislative basis to fight against corruption… However, today we must start to strictly implement these laws in practice. Putting them into practice is the key to success” [“The Kremlin Can Not Cope with Corruption…” (11-18-2009). - Ibid.].

7.2. Anti-Corruption Agencies:

As for the national anti-corruption agencies, Afghanistan outnumbers Russia, where there are about 15 various organizations responsible for doing away with the problem. Among them are ABACO (Anti-Bribery and Anti-Corruption Office under Ministry of Interior), ACU (Anti-Corruption Unit), CMS (Corruption Monitoring System), CDI (Criminal Investigation Department), GIAAC (General Independent Administration for Anti-Corruption), HOO (High Ofiice for Oversight of the Implementation of the Anti-Corruption Strategy) and others. A general critique raised by observers is that there is still little coordination of their efforts [“Assessment of Corruption in Afghanistan” (2009) – Ibid.]. So, there is a great need in a centralized management in order to bring the efforts of all the institutions together and not to disperse them but stream purposefully against corruption.

In Russia either, however, the Federal Security Service (FSB, in Russian) and the Prosecutor General's Office are the two main bodies responsible for fighting corruption, constantly reporting to the Presidential CCC (Council for Combating Corruption). The Prosecutor General set up a specific anti-corruption department in August 2007 to focus on enforcing anti-corruption legislation, to investigate suspicions of corruption and to press charges against offenders. The Prosecutor General's Office is also in charge of supervising the activities of an interdepartmental anti-corruption working group. Furthermore, almost all law enforcement agencies have set up their own internal departments to deal with corruption within their own ranks. Prosecutor General's Office reports that in 2008 the violations of anti-corruption laws doubled in comparison with 2007. According to their data, 62 members of the parliament, 3 judges, 8 prosecutors and 66 investigators were convicted on corruption charges in 2008, as reported by Russia Today. This increase can, certainly, be explained by better work of enforcement agencies.

7.3. Analysis of Existing Anti-Corruption Laws, Regulations, and Policies:

1. The legal framework for the fight against corruption is based on the Afghan Constitution, the “UNCAC”, and the law “On Overseeing the Implementation of the Anti-corruption Strategy”. The same general challenges apparent in the overall legal framework of Afghanistan are also applicable in the area of anti-corruption; the mechanisms to adapt existing law upon the passage of other laws are weak, and information about new laws and regulations is not widely available. Many stipulations of new criminal legislation, in particular on anticorruption, lack punishment in the penal code.

2. One of the main legal laws - “On the Campaign against Bribery and Official Corruption” does not properly define the forms of conduct it prohibits, such as “bribing, illegally recommending, requesting and lobbying” or “the embezzlement, misappropriation or other diversion by a public official…” .[lxiv] Due to ambiguity of terms there can be a different understanding about what corruption is. That results in social acceptance of certain officials’ malpractices, when citizens consider it natural that civil servants ask for gifts or money to speed up administrative procedures. All this creates a fertile ground for corruption.[lxv]

3. Other areas of law need revision. Provisions for freezing, seizure and confiscation that have been included in other laws, such as the Counter Narcotics Drug Law, the Anti-Money Laundering and Proceeds of Crime Law, and the Law on the Campaign against Financing of Terrorism, should be extended to corrupt proceeds as well.

4. The Afghan legislation does not include restitution as an option in the anticorruption law. The UNCAC argues that there can be no prevention, confidence in the rule of law and criminal justice processes, proper and efficient governance, official integrity or a sense of justice and faith that corrupt practices never pay, unless the fruits of the crime are taken away from the perpetrators and returned to the rightful parties.

5. Transparency is one of the main factors in the struggle against corruption. As the UNODC (2010) stresses - “Non-transparent administrative procedures and services of low quality also represent possible sources of dishonest conduct.[lxvi]

6. These changes should empower the HOO and the principal anticorruption agency in the AGO (Attorney’s General Office) by creating and defining the offences enumerated in the HOO law in the criminal code (in accordance with the Convention and Constitution). This includes principles of liability, jurisdiction, investigation, prosecution, sanctions, extradition and witness/victim provisions that may be incorporated into an amended Penal Code and/or Criminal Procedure Code.

Part 8. RECOMMENDATIONS:

Policy Recommendation One: The Right to Information (RTI)

The ability of the citizens to obtain information in the possession of the State can be defined as access to information. The “right to know” is linked indivisibly to accountability, a central principle of good governance. Informed judgment is difficult, if not impossible, when official activities and government decision-making processes are not open to public scrutiny. In the lack of such scrutiny, governments can make major resource containment without either ex-ante or ex-post review and debate. Generally, governments make little effort in providing information to the public that reflects well on itself. The problem arises, by contrast, when the information reflects the opposite; here, the “voluntary disclosure of the information by government” approach usually does not work as both politicians and bureaucrats often try to hide their embarrassing information from the public.[lxvii] Therefore, we propose to the Afghan government to enact the RTI model in Afghanistan.

The Right to Information Act would highlight the observable practices, assign time limit to fulfill requests for information and processes, and designate those sorts of information to which access is guaranteed. An argument against legislation will rise up the cost efficiency of failing to implement this legislation, which would again beer fertile environment for massive undefeatable corruption.

How to Implement RTI: Based on successful Indian RTI experience, there are national and international interests of curbing corruption, therefore, there are numerous stakeholders in any RTI implementation.[lxviii] The UNDP is the main supporting partner to the Afghan government, an implementing body of the United Nations aims at achieving the Millennium Development Goals (MDGs).The UNDP partnership with the Afghan government will provide financial and technical support to the anti-corruption policies channeled toward strengthening the public institutions. The UNDP as one of the principal actors, widely working in post-conflicts countries, can make a difference in the area of access to Information by: 1) Using its unique relationship with the government; 2) Enhancing the supply of, and facilitating demand for, information from the government and others; 3) Supplying information on its own operational activities to other stakeholders; 4) Using its co-coordination and facilitation roles; 5) Drawing on its expertise and experience in democratic governance.[lxix]

How to engage all stakeholders in favor of the RTI: To involve and engage the stakeholders, the RTI can pave the ground for political parties to win the public support of their interest. Particularly for political actors, this is an issue on which they can contest election and win, because of public demand. Such dynamism can bring the politicians on the side of the RTI. This way we can develop the political desire for the RTI by promoting it as an election issue.

The other major opponent will be the government officials. Due to providing for the realistic experience of India, they will be a gainer of this act as the case is in India. By proving Indian examples and cases we can convert their opposition into support. It can be done through exchange of the RTI experience between Afghan employees’ unions visiting India, which will significantly reduce their opposition.[lxx]

The RTI impact on Judiciary; the main asset of the judiciary is its public respect and faith. By a clause under the proposed act the judiciary will be under the purview of the RTI. Judiciary plays an important role in good governance and its cleaning through the RTI is necessary to make the proposed plan a success. This will enhance the respect of the Afghan judiciary in pubic eyes and restore the lost public respect and faith, which is vital for the survival of the judiciary.[lxxi]

The RTI impact on Media: Media plays a very important role in disseminating the information and acting as a ‘watch dog’ of the government. In Afghanistan media law is in place, but media hesitate to publish and debate the corruption related news. To publish any news on corruption, one needs solid proof. Under the current situation, information collection and getting its proof is very difficult, but the RTI will potentially facilitate the proof for the Media. When evidence is in hand, news reporters will not hesitate to write, broadcast, and publish corruption related news. Media persons would like to write such news items which are demanded by public as it will enhance their business, but they are unable because of lack of the proof. At the initial stage, they will help in creating awareness along with other stakeholders for the RTI.[lxxii] The US former President Woodrow Wilson believed that corruption flourishes from secrecy and avoids evolving in public places therefore it’s a fair assumption that secrecy means impropriety.

Policy Recommendation Two: Judiciary Reform Program

As mentioned earlier, Afghans considered justice as a marker commodity and Judges are bought and sold instead of lawyers been hired, therefore, an independent judiciary is playing a constructive role in reducing corruption, because it is the core body providing justice to the Afghan citizens.[lxxiii] In order to curb corruption, it’s essential to reform Afghan Judiciary and implement a “judiciary reform program.” One of the bases in fighting corruption is strong independent Judiciary; in particular, it performs the role of an intermediary between government and the people to hold the government accountable.

Without enforcement, though, laws have no outcome on decreasing corruption, and may nurture general distrust about the reform efforts. Yet, to hold public officials accountable to anti-corruption laws, judiciaries need independence from the executives, as well as strong institutional capacity. Reinforcement of Judicial autonomy includes revising the processes of appointment, assigning, paying, and removing judges and prosecuting attorney to protect them from political influence of the government.[lxxiv] Accountability guarantees actions and decisions taken by the government officials.

Parliament holds the government politically accountable, because parliament is considered a political institution to manifest the will of the people, while Judiciary holds government legally accountable as it mandated to adjudicate on legal issues. Both Judiciary and parliament are expected to perform an oversight role, in order to politically maintain check and balance of power, and legally hold the government accountable. They must be assisted by the main anti-corruption bodies, High Office of Oversight and Attorney General Office.

The Judiciary Reform program will make the judiciary system healthier and more independent. The policy will focus on judicial training programs[lxxv], and reforming laws dealing with judge appointments and term lengths. It will also include implementation of the RTI to form an internal reporting system that will maintain open records on judicial proceedings and finance an increase of accountability. A public complaint mechanism proposed will decrease low-level corruption and a commission to incorporate local tribal judiciary systems into the central judiciary, will stream-line illegal drug related anti-corruption efforts. The “Judiciary Reform Program” will greatly reduce corruption in Afghanistan. The policy will have three main impacts that are critical to the Judiciary Reform Program:

1-Although most stakeholders will agree to this policy, the strengthened judicial system will take power away from some entrenched political and criminal elites.

2-The policy implementation will be difficult due to the challenges posed by integrating local tribal judicial customs into a central judiciary system.

3- Insecurity throughout the country will make the policy difficult to implement at a country level.

Policy Recommendation Three: Civil Society and Citizens for the Anti-corruption program

Although the problem of corruption is mainly prevalent within the public administration in Afghanistan, the solutions are not limited to the government only. Informed, empowered and engaged citizens can play a critical role in reducing corruption. Citizens that accept status quo and tolerate corrupt practices create an environment of impunity that is conducive for corruption. Conversely, citizens who are less tolerant of corruption decrease the incidence of corrupt practices. Citizens can successfully fight against corruption through exposure by media, by empowering independent media to play a ‘watch-dog’ role, that oversee government’s accountability and transparency, and simply saying “No” to corruption by not paying bribes.

The “Civil Society and Citizens against Corruption” program can significantly reduce occurrence of corrupt practices by empowering and mobilizing Afghan citizens. The program aims at mobilizing civil society organizations, media, NGOs, religious groups, public interest groups, ‘watch dog’ organizations, through anti-corruption focused capacity building, establishment of a national anti-corruption coalition, and mobilizing citizens. To ensure alignment and harmonization with other anti-corruption policies, stakeholders, donors, and civil society organization, will be informed and consulted through the anti-corruption task force chaired by Afghan government.

Policy Constraints:

1. Deteriorating the security situation coupled with the absence of rule of law can undermine the success of the program. While security problems can impede implementation of the project in the south, absence of the rule of law can challenge the program throughout the country.

2. Lack of political feasibility, particularly at the local level, can hamper implementation of the project. At provincial level, due to a weak rule of law, the government officials who benefit from corruption can delay or brake the process.

Component (1) Policy Option 3:

Open debate about corruption: In order to raise awareness about corruption in society, the holding of open debate is very important; on the one hand, it gives an opportunity to society to articulate their ideas and voices, on the other hand, it will decrease the citizens tolerance toward corrupt practices of public officials. Also, a strong message would be sent to corrupt officials that there is no more social acceptance of and tolerance to this negative phenomenon. The civil society entities can help communities identify the strengths and challenges within their community, and then, as a group, find solutions. In 2004, in Abuja (Nigeria) a village suffered from severe public health epidemics linked to the lack of water. However, through the a these types of bold reactions can only happen when citizen’s understand their power and are able to voice their frustrations in a peaceful way to express their dissatisfaction with the issues that impact their lives and burden huge cost. The NGOs in Nigeria have made significant inroads in supporting movement initiatives while also working with the people in their own environments in order to galvanize social capital, create networks, facilitate a plan of actions, which at the end empowers citizens, builds trust in the process, and lastly empowers them to hold leaders accountable to the people.

It is also necessary for the civil society entities in Afghanistan to encourage shuras, opinion-leaders, local elders, and religious scholars to openly talk in public about the negative impacts and stigma of corruption on the moral of the society. In order to combat corruption it’s necessary to associate the CSOs in educating the shura members, facilitating and supporting the public debates on corruption. To achieve their full engagement, it’s required to develop their capacity to make them capable of working in the field of corruption as well as to equip them by improving their skills to discuss and argue corruption cases intelligently and successfully in the public.[lxxvi]

Component (2) Policy Option 3:

Elected governors: Article 137 of the Afghan Constitution defines the authority of the President in delegating certain power and autonomy to the provincial governors for the social and economic development of the country. The legislation power solely had been given to the national parliament, provincial assembly only in advisory capacity maintain balance of powers at the provincial level. Governors’ appointment power monopolistically remains with the central government. In Afghanistan provincial governments do not have their own constitution and parliament. They don’t have independent executive staff either. The executive offices at the provincial level are linked to the line ministries at the capital. The executive power of the Governors at the local level is extended on issues, which they are empowered by powerful president, to lead, coordinate and decide. Indeed, the governors are the highest authority of the sub-national government and special representatives of the president of the country in each province. Chief-security, chief of districts, provincial mayors, directors of line-ministries departments at the local level are required by the law, to respect the chain of commands by following the governors’ instructions.[lxxvii]

Free and fair elections offer a significant instrument for holding public officials accountable. People can withhold votes from corrupt-officeholders as a sanction against corruption, and elect opposition runners condemning such dealings. In, Bulgaria, Mexico and Tanzania for example, electorates have voted opposition nominees running on anti-corruption platforms. However, to effect as a check on government officials activities, elections must be supplemented by significant guarantees of civil liberties to elect and run for office, as well as by transparent and fair voting processes.[lxxviii]

Election of governors will politically reduce the monopoly power of the central government. Furthermore, elected governors with a sense of responsibility to the public will reform the administration, which will reduce the unlimited-discretion of the public officials. Public participation by using self-determination rights strengthens civil society, interest groups and shuras to play a ‘watchdog’ role to hold the public officials accountable. Such a strategy comprises a system of check and balance designated to manage conflict of interests between the governors and the public being ruled and limits the situation, in which conflict arises. To symbolize a broad view of the reform, addressing corruption in the public sector through government processes strong leadership, organizational Change, through civil society participation and democratic process, private sector, media thus sub-national government should be an elected local government.

Part 9. IMPLEMENTATION STRATEGY:

· Integrity in Public Service

Step 1: Strengthens transparent and merit recruitment system of public officials that ensure opens, equity and efficiency and promote recruitment of individuals of the highest level of competence and integrity. Public officials need to be trained on ethics, code of conducts and conflict of interest laws.

Step 2: Creates moral and organizational Code of conduct that forbids conflicts of interests, ensures the proper use of public resources, and upholds the highest levels of professionalism and integrity.

· Accountability and Transparency:

Step 3: Ensure assets and financial interest disclosure of public officials. Protect the answerability of the public service through effective legal structures, management practices, oversight and auditing procedures to prevent corrupt activity and adequate simplified administration procedures.

Step 4: Implementation of the Judiciary reform program, which ensures independent judicial system in order to hold government legally accountable.

Step 5: Establishment of the judiciary complaint committee under the purview of the RTI to ensure a transparent, timely and fair process of judicial cases.

· Effective Prevention, Investigation and Prosecution:

Step 6: Assure enact of legislation, which applying sanctions successfully and actively combat the offence of bribery of public officials. Also such a legal mechanism should provide with substantial criminal penalties for the laundering of money and the proceeds of corruption and crime.

· Public discussion of corruption:

Step 7: Developing an effective mechanism to encourage public discussion of the issues of corruption through: Opening of public awareness campaigns at different levels of the society.

· Access to information:

Step 8: Guarantee that access to information legalized and enforced, and general public and the media have freedom to receive and impart public information, in particular, information on corruption matters in accordance with the RTI act. Empower the media and ensure legal protection of whistleblowers (investigative journalists). Add information on internal and external internet Websites and Publish annual budget reports throughout the country in electronic and paper media.

· Public participation:

Step 9: Encourage public participation in anti-corruption activities, particularly in cooperation and coordination with the civil society entities such as shuras, interest groups, youth and professional associations, NGOs, labor unions, housing associations, the media, and other stakeholders, including involvement of the NGOs in monitoring of public sector program and activities.

Conclusion

The main goal of the policy would be to reduce the corruption rate through application of the ‘Right to Information’, Judiciary Reform Program, improvement of public participation and channeling information to the people in rural districts of Afghanistan. Increased salaries for public servants would boost income and improve their social welfare. Within this context, we have analyzed all the three policy issues and, as demonstrated earlier, there are major challenges for each as far as the costs and benefits to society. In considering, which of the policies would be the most appropriate, it is clear that there is a need for trade-offs and that all of the options would make some stakeholders worse off. The option of the ‘Right to Information’ expands the control of the citizens over public officials and exposes them to the public scrutiny on the face to be the most appropriate.

The government of Afghanistan should adopt the policy of expanding public control through the right to information for the reasons previously discussed, outlining the advantages of exposure of public officials to the public scrutiny. Considering that $2.5 billion (USD) has gone for corruption, we can say that approximately this amount could improve life of 53% poorest Afghan people and generate a huge income for the government, if legally invested in the national economy of the country. Indeed, this is the opportunity cost that has its burden on the life of poor Afghans. According to the World Bank Institute paper “Curbing Corruption” “once pattern of successful corruption is institutionalized, corrupt officials have an incentive to demand larger bribes, engendering a “culture” of corruption that in turn breeds market failure”.

Another social benefit of the sum paid in the form of corruption could be creation of jobs for 40% unemployed citizens. In addition, counterdrug initiatives have been hampered by rampant corruption and the inability to make alternative livelihoods viable enough to incentivize farmers to replace poppy production for production of other crops. However, the option of the ‘Right to Information’ might not be successful by its own, therefore, we emphasize on the RTI integrated with a Justice Reform combined with elected governors to improve public participation in order to reduce corruption in the country.

Recommendation

Based on the study and analysis, it is our objective to present a recommendation that takes a long-term outlook and one that would both eliminate corruption as well as restore legitimacy and integrity of the public service in Afghanistan. The RTI alone without a powerful independent media, a strong civil society and active public participation will have undesirable short-term results, in which the local people will further lose their confidence in the new policy and elected local governments. This is very significant, given that so many have already lost their confidence and trust in the government and public service. Further delay in the application of the RTI will impose a huge unbearable burden on the life of impoverished Afghans and result in increased human suffering. However, the money is being earned from corrupt practices, which have served to undermine the progress of the country.

Our recommendation would be, therefore, that the government should draft, ratify and implement the Act on the Right to Information, as well as develop and pursue the Policy using a phased approach with short-term and long-term goals.

Based on our analysis we believe that in the first two – three years, the government could implement the RTI as a short-term option to create conditions and assess social capital, that increase receptivity of the long-term policy concerning the civil society mobilization against corruption, election of governors and delegation of certain autonomy to the elected local governments. As the CSOs in Nigeria have created collations in order to specify concerns, empower, and build capacity to challenge government. With the international support, the government could also implement a Justice Reform program and conduct training programs for investigative journalists, support the transparent complaint mechanism for citizens and enable independent media to publish corruption related reports without any hesitation. It should be noted that the RTI, Justice Reform, mobilized civil society, complaint mechanism and electing local governments will be successful only when Afghans themselves believe, rely on and trust them”[lxxix].

Bibliography:



[i] UNODC. “National Drug Control Strategy” (Jan. 2006). http://www.mcn.gov.af/NDCS.pdf (Accessed October , 2009).

[ii] Ibid.

[viii] Klitgaard, Robert. “Bolivia: Healing Sick Institutions in La Paz. College Park, MD: University of Maryland (Center for Institutional Reform and the Informal Sector) 1996.

[x]United Nation Security council Resolution http://www.un.org/News/Press/docs/2009/sc9624.doc.htm

[xii] United Nation Convention Against Corruption( UNCAC) http://untreaty.un.org/english/notpubl/corruption_e.pdf

[xiii] United Nation Development Program( UNDP) Accountability and Transparency project(ACT) http://www.undp.org.af/WhoWeAre/UNDPinAfghanistan/Projects/dcse/prj_act.htm

[xiv] World Bank Institute, http://www.u4.no/document/literature/Stapenhurst-2000-media's-role.pdf

[xv]Afghan High office of oversight and Anti-corruption

http://anti-corruption.gov.af/pdf/ANTI%20CURAPTION%20STRATIGY.Eng.pdf

[xvi] Fight Corruption - Save Development VIENNA, 8 December (UN Information Service) – On International Anti-Corruption Day (9 December), UNODC

[xvii] Integrity watch Afghanistan http://www.iwaweb.org/index.html

[xviii] Poor Public-Service Quality:

According to the USAID’s report, almost half of the population of the country is not happy with the quality of public service delivery. The reasons behind low quality service were usually described as the public servants incapability, unwillingness and inadequate knowledge of importance of public affairs. The connection between low service quality and corruption is obvious. Afghan citizens are tired of lengthy and low quality services so they pay bribe to public servants to get better quality sooner. Therefore, bribes have been paid to cope with unresponsive and slow administrative procedures in the meantime to receive better treatment.[xviii]

[xix] Transparency International, Corruption perception index (CPI) http://www.transparency.org/policy_research/surveys_indices/cpi/2009/cpi_2009_table

[xxi] United Nation Office on Drug and Crime(UNODC) Corruption in Afghanistan http://viewer.zmags.com/publication/8515c039#/8515c039/16

[xxiii] Afghanistan constitution( Afghanistan online)

http://www.afghan web.com/politics/current_constitution.html

[xxv] United Nation office On Drug and Crime ( UNODC) Afghanistan http://viewer.zmags.com/publication/8515c039#/8515c039/1

[xxxi] THE ENIGMA OF JAPANESE POWER” Karel van Wolferen 1989

[xxxiii] (“Kakuei Tanaka A political biography of modern Japan” Steve Hunziker & Ikuro Kamimura 1996

[xxxvii] The Media’s Role Curbing Corruption World Bank Institute research paper. http://www.uoit.ca/sas/governeaceAndCorr/media.pdf

[lviii] Kalu et al., (2009), Socio-Political Scaffolding and he Construction of Change: Constitutionalism and Democratic Govenance in Africa, pg. 273.

[lix] NDI http://www.ndi.org/nigeria?page=0%2C1#LegislativeStrengthening

Edwards, E. (2009). Civil Society-Second Edition. Cambride, UK: Polity Press.

Kayizzi-Mugerwa, S. (2003). Reforming Africa's Institutions. New York, New York: United Nations University Press.

Kulu, Kelechi, A. & Soyinka-Airewele, Peyi. (2009). Socio-Political Scaffolding and Construction of Change: Constitutionalism and Democratic Governance in Africa. Trenton, NJ: Africa World Press, Inc.

Lloyd, R. B. (2005-2006). Nigerian's Democratic Generals. Comparitive Politics-Annual Edditions , 144-149.

Malena, C. (2009). From Politcal Won't To Political Will. Sterling, VA: Kumarian Press.

Mutua, M. (2009). Human Rights NGOs in East Africa. Philadelphi, PA: University of Pensylvania Press.

Appendix :( 1) comparison of India with Afghanistan.

Criteria

Afghanistan

India

Variables

Demand

The Afghan people regard corruption as a major problem (5)

In India corruption concern t is lesser than Afghanistan

Afghan should enact RTI to combat corruption

Institutions

High Office of Oversight-2008, Supreme Court,

Attorney General,

Ministries of Finance

and the Interior

CBI, CAG, CVC,

Supreme Court

Chief Information Commission (CIC).

anti-corruption bureaux, Vigilance cell, Lokayukat at state level

Basic

required institutions are in place

in both countries

Political priority

President Karzai- The corruption prevention is on the top of his agenda (9)

Less an issue than Afghanistan

Political desire is in place in

Afghanistan

Media

article 34 : a comprehensive law- the law on mass media- is in place

India does have media laws. one of the freest media in South Asia

Both have required media laws

Law to access information

The article 50 of constitution empowers the right to access information, But no detail law how to access information.

India has comprehensive law right to information enacted in 2005

RTI would be comprehensive

Solution for

Afghanistan

Legal and institutional framework

The legal and institutional framework to curb corruption is not well developed. RTI is a good example of that frame

The legal and institutional framework to curb corruption is well developed (10)

Weak law enforcement is a problem in India (10)

Whistleblower

Public Interest Disclosure (PID) to protect whistleblowers. NO Such arrangement is in place yet.

CVC is the Designated Agency for this purpose

Afghan needs a PID agency

International norms

Singed the UNCAC- providing legal expertise and technical assistance to

Afghan. (5)

Endorsed ADB-OECD anti-corruption action plan in 2001. Not ratified UNCAC (7)

Afghan commitment looks stronger

than India’s

E- governance

Telecom access to 80% geographic coverage. Transforming Afghan society into information based society by 2013. Internet user -1.84% of population- (8)

internet user -3.7 % of population

( 6)

From internet user angle growth rate is more in Afghan.

Civil Society organizations

Afghanistan has NGOs Law.

UNDP supports development capacities of CSOs to combat corruptions.

India enjoys a vigorous and vibrant civil society

Basic required law is in place in both country

Government

President is most powerful and state governors are nominated by president. State can’t make laws.

New democracy and unstable government

PM and state CM are elected by public. State can enact laws.

Well established

Democracy and stable government

Principal-

Agent effect

is less in

Afghan

Compared to

India

Judiciary

Judiciary has very low public Confidence. Judge selection and removal is at the disposal of president. So, Independent judiciary is not in place.

Supreme and high courts are enjoying good reputations while district and lower courts have lower reputation.

Afghan

Judiciary has

no moral support to oppose RTI

Bureaucracy

Permanent and nominated

Officials selection process is not fair and merit based.

Permanent only

and Selection are fair and based on merit.

Afghan needs merit based selection

Regional and international cooperation

Regional and International agencies, CSOs, NGOs, Governments are ready to provide all needed help and support to combat corruption.

Enjoying good support.

Both have good outside

support and Help

Research Method-The first step on the way proceeding with our research objective is to realize what exactly causes corruption, who is corrupt and who are the victims of this invisible enemy. We went through the literature, which has been divided per topic per member to find a more broadly acceptable definition and causing factors behind booming corruption in Afghanistan. Finally we have agreed on the countries to study as a benchmarking model, how they addressed corruption and what are the outstanding lessons for Afghanistan and the countries with a similar situation. Next we identified what are the current policies efforts addressing corruption and what are their policy failures. Finally, we proposed policy options with evaluation based on equity and viability, its implication and conclusion with recommendations.

Source of Data

Specific document

Indicators (parameters)

Constitution

Constitution of Afghanistan

Nigerian constitution

Russian constitution

Japan constitution

Indian Constitution

1.Mandant of presidency ( powers )

2. Specific prevision on corruption

3. Mandate of local government entities and governance

Sectorial policies

1.Electrol Law

2.Interior minister policy documents

3.Attorny general office( prosecution office)

4. National Anti-corruption strategy

1.is the law fragmented or

Consolidate

2. Mandate on corruption

3.Integretiy of jurisdiction( vague or clear)

Media reports

1.Local Media reports

2.Media Law

2.International media reports

1.Media independence/ freedom of media

2. Government controlled media

3. International media role

Civil society

NGO law

Electoral law ( public participation)

Literacy /education , Civic engagement

Role of NGO( National and International)

Role of Local entities ( local council)

Role of Religious, local and tribal leaders

International reports

ü (UN,WB, USAID,ADB, Transparency international)

UODC report

1. Index

2. Ranking of the country

3. Ranking of the causes

4. statement of political statement

WB, Doing business reports

1. Index

2. Ranking of the country

3. Ranking of the causes

4. statement of political statement

Transparency international annual report

1. Index

2. Ranking of the country

3. Ranking of the causes

4. statement of political statement

Special studies

1. Index

2. Ranking of the country

3. Ranking of the causes

4. statement of political statement

The following table highlights key reforms that can be applied to Afghanistan with models of frameworks and best practices.

Nigerian corruption problem

Solution

Building civil society, engaging Ngo’s, MAXIMIZING ROLES AND BUILDING CAPACITY, EDUCATION, CIVICS

Addressing corruption of public servants

(1999)

Anti corruption strategy that investigates allegations of public officials bringing charges, inspecting bank accounts, shareholdings and safety deposit boxes, of suspects, seizure of assets and confiscated if case is proven.

Addressing corruption in institutions

Transparency and accountability reform act that establishes criminal and administrative sanctions, strengthens judicial processes, requires financial disclosure, and allows open budget processes. Promotes strong ethical behavior in civil service. Provides incentives ranging in promotions or pay increases. Places consequences/ shaming by way of dismissal from duties.

Building consensus in rural communities.

(Unlike state officials who are conceived corrupt, traditional rulers are accessible to the people often alienated by the state).

Nigerian officials recognize the value of traditional leaders and are utilized by state and local governments as conduits for disseminating government information and mobilization of citizenry.

Civil Society strategy to combat corruption

Expansion of Human Rights and Women NGOs that specifically advocate for reform and new policies that enhance access to legislature, serving in watchdog roles, and seeks to engage more citizen participation in local public affairs.

CIVIC EDUCATION AND ANTI CORRUPTION

Improving literacy in Nigeria

The CSAR further points to the fact that widespread poverty and illiteracy contribute significantly to diminishing the ability of many Nigerians to enjoy especially economic, social and cultural rights. The nonjusticiability of aspects of economic,

social and cultural rights is also noted as a hindrance to the protection of these rights and freedoms in courts of law.

237. Nigeria has ratified some of the key instruments that set standards for the realization of social, economic and cultural rights, such as the International

Covenant on Economic, Social and Cultural Rights. Nonbinding declarations such as the Universal Declaration on Human Rights.

Source: African Peer Review Mechanism (APRM) Report number 8 (June 2009)

[lx] Kalu et al., (2009), Socio-Political Scaffolding and he Construction of Change: Constitutionalism and Democratic Govenance in Africa, pg. 273.

[lxi] NDI http://www.ndi.org/nigeria?page=0%2C1#LegislativeStrengthening

Annex:( 3) political corruption

According to UK-Telegraph News, Mahmoud and Ahmad Wali, the Afghan president’s brothers were publicly accused of earning millions of pounds since their brother became president of Afghanistan. The author further argues that: “flow of international assistance to Afghanistan have fuelled a popular disillusionment and anger with the weak-leadership further exacerbated insecurity that insurgents and Taliban has exploited”. In addition Mahmoud Karzai has been accused of using his brother's influence and power building a business empire by getting all government contracts that have turned him into one of the country's richest citizen.[lxi]

Appendix:

Research Method-The first step on the way proceeding with our research objective is to realize what exactly causes corruption, who is corrupt and who are the victims of this invisible enemy. We went through the literature, which has been divided per topic per member to find a more broadly acceptable definition and causing factors behind booming corruption in Afghanistan. Finally we have agreed on the countries to study as a benchmarking model, how they addressed corruption and what are the outstanding lessons for Afghanistan and the countries with a similar situation. Next we identified what are the current policies efforts addressing corruption and what are their policy failures. Finally, we proposed policy options with evaluation based on equity and viability, its implication and conclusion with recommendations.

Source of Data

Specific document

Indicators (parameters)

Constitution

Constitution of Afghanistan

Nigerian constitution

Russian constitution

Japan constitution

Indian Constitution

1.Mandant of presidency ( powers )

2. Specific prevision on corruption

3. Mandate of local government entities and governance

Sectorial policies

1.Electrol Law

2.Interior minister policy documents

3.Attorny general office( prosecution office)

4. National Anti-corruption strategy

1.is the law fragmented or

Consolidate

2. Mandate on corruption

3.Integretiy of jurisdiction( vague or clear)

Media reports

1.Local Media reports

2.Media Law

2.International media reports

1.Media independence/ freedom of media

2. Government controlled media

3. International media role

Civil society

NGO law

Electoral law ( public participation)

Literacy /education , Civic engagement

Role of NGO( National and International)

Role of Local entities ( local council)

Role of Religious, local and tribal leaders

International reports

ü (UN,WB, USAID,ADB, Transparency international)

UODC report

1. Index

2. Ranking of the country

3. Ranking of the causes

4. statement of political statement

WB, Doing business reports

1. Index

2. Ranking of the country

3. Ranking of the causes

4. statement of political statement

Transparency international annual report

1. Index

2. Ranking of the country

3. Ranking of the causes

4. statement of political statement

Special studies

1. Index

2. Ranking of the country

3. Ranking of the causes

4. statement of political statement

The following table highlights key reforms that can be applied to Afghanistan with models of frameworks and best practices.

Nigerian corruption problem

Solution

Building civil society, engaging Ngo’s, MAXIMIZING ROLES AND BUILDING CAPACITY, EDUCATION, CIVICS

Addressing corruption of public servants

(1999)

Anti corruption strategy that investigates allegations of public officials bringing charges, inspecting bank accounts, shareholdings and safety deposit boxes, of suspects, seizure of assets and confiscated if case is proven.

Addressing corruption in institutions

Transparency and accountability reform act that establishes criminal and administrative sanctions, strengthens judicial processes, requires financial disclosure, and allows open budget processes. Promotes strong ethical behavior in civil service. Provides incentives ranging in promotions or pay increases. Places consequences/ shaming by way of dismissal from duties.

Building consensus in rural communities.

(Unlike state officials who are conceived corrupt, traditional rulers are accessible to the people often alienated by the state).

Nigerian officials recognize the value of traditional leaders and are utilized by state and local governments as conduits for disseminating government information and mobilization of citizenry.

Civil Society strategy to combat corruption

Expansion of Human Rights and Women NGOs that specifically advocate for reform and new policies that enhance access to legislature, serving in watchdog roles, and seeks to engage more citizen participation in local public affairs.

CIVIC EDUCATION AND ANTI CORRUPTION

Improving literacy in Nigeria

The CSAR further points to the fact that widespread poverty and illiteracy contribute significantly to diminishing the ability of many Nigerians to enjoy especially economic, social and cultural rights. The nonjusticiability of aspects of economic,

social and cultural rights is also noted as a hindrance to the protection of these rights and freedoms in courts of law.

237. Nigeria has ratified some of the key instruments that set standards for the realization of social, economic and cultural rights, such as the International

Covenant on Economic, Social and Cultural Rights. Nonbinding declarations such as the Universal Declaration on Human Rights.

Source: African Peer Review Mechanism (APRM) Report number 8 (June 2009)

[lxiv] Jayawickrama, Nihal (May 2008). The United Nations Convention Against Corruption: A Gap Analysis of National Legislation in Afghanistan. Kabul: UNDP, p. 42, 44, 46]

[lxv] Corruption in Afghanistan: Bribery as reported by the victims”, UNODC, Jan. 2010. – p. 10]

[lxvi] [Ibid.]

[lxvii] Jeremy Pope, Berlin, Germany, Transparency International, 1996.

http://www.transparency.org/publications/sourcebook

[lxxiii] USAID, Center on Democracy and Governance, A Handbook on Fighting Corruption, February 1999,

http://www.usaid.gov/our_work/democracy_and_governance/publications/pdfs/pnace070.pdf

[lxxiv]“Center for Democracy and Governance” USAID handbook fighting corruption(1999) p. 11

[lxxv] American Bar Association Rule of Law Initiative, Anti-Corruption Programs, http://www.abanet.org/rol/programs/anti-corruption.html

[lxxvi] Kabul Declaration on “Freedom of Expression in Afghanistan by Multi- stakeholder, Kabul Afghanistan, March 30, 2009.

[lxxviii] “ Center for Democracy and Governance” USAID Handbook on fighting corruption(1999) p.12

[lxxix] http://www.cic.nyu.edu/afghanistan/docs/counternarcoticsfinal.pdf Counter-Narcotics to Stabilize Afghanistan: The False Promise of Crop Eradication, Barnett R. Rubin Jake Sherman, 2008

1.2. REWARD PROPOSAL FOR MEDIA

Afghan media needs support of and cooperation with international organizations to provide the information about corruption to the international society and donors. The reward is proposed for investigative role of journalists in disclosing corrupt practices of public officials. This is sponsored by international organizations: the UNDOC, WB and Transparency International. This is “the quarterly and yearly bases Whistle Blower Award”. Informant and information are supposed to be anonymous inside Afghanistan for the security reasons. But this information will be transferred to the international societies through international organizations so that donors to the Afghan government can make pressure on the Afghan administration. International societies can keep watching the corruption situation in Afghanistan.

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