Ministry of justice administrative deputy minister's speech in the lower house

By the Name of Almighty Allah the Compassionate the Merciful

His Excellency Mr. Chairman of Wolosi-Jirga, Honorable Administrative board, Representatives of Nation and Ministers, greetings!

Ministry of Justice of Afghanistan (MOJ) has set its activities in four sections and performing their duties accordingly. The activities and performances of the MOJ (Ministry of Justice) in the year (2016-2017) are as below:

1. Legislation Affairs:

One of the important aims of the MOJ (ministry of Justice) is strengthening and reforming the legislation affairs. Such aim is achievable only through designing, drafting, scrutinizing and publication of the legislative documents on time. In the year 2016, according to the legislative plan approved by the Cabinet of the Government of Islamic Republic of Afghanistan, (57) legislative documents should have been processed and in the three quarters of the year, around (77) legislative documents processed. Among aforementioned documents, (23) documents were related to world trade organization which are processed and approved by the parliament. I would like to thank you (Wolosi-Jirga) for your sincere cooperation in this regard.

Besides, MOJ (Ministry of Justice) completed the Laws’ database of the ministry in this year and recorded all the laws from the year (1964) up to now, and status of the laws distinguished as well. Now those who need a law can easily access it through the site and database of the MOJ (Ministry Of Justice). Our objective and goal for the year (2017-2018) is to regulate and categorize the laws by its subject.

As well as, this year all ministries and relevant administrations are requested through official letters to develop their legislative plans and needs according to the commitments of London and Brussel conferences and send them to the ministry of Justice for inclusion in the taqnin annual Plan, year (2017-2018).

Ministry Of Justice Launched a Stage Course in the year (2016) in center, Kabul, In order to enhance the professional capacity of legal and legislative advisors of ministries and administrations, members of the legislation and scientific – legal researches institute and others graduated from the faculties of Law and sharia. It’s worth mentioning that, in its first round (28) persons are being trained on drafting a legislative document and this course is held once in a year. This program can accelerate the legislative process for government and administrations and pave the ground for educated youths to work as professional advisors in legislative fields in different administrations and ministries.

Besides abovementioned issues, Ministry of Justice provided instructions for (439) guidance requests received from various ministries and administrations, and consultations provided for more than (251) agreements, contracts signed between the government of Afghanistan and international institutes and organizations. Further, according to the Law on citizenship, around (609) documents related to acquiring and abandoning the citizenship processed and approved.

2. Legal services provision

Providing legal services is one of the important duties of the Ministry of Justice, and is one of the ways that ministry of Justice and its staff are communicating directly with people. It’s worth mentioning that, if the mentioned services are accomplished transparent and according to the provisions of Law, will result to a close relation between people and government.  This duty is being provided by various departments of the Ministry of Justice in Kabul and provinces. In this part, I would like to cite and point out the services of the Hoqoq, Government cases and legal aid departments as below:

In the three quarters of fiscal year (1395), around (3306) petitions and (22660) files and cases received by our Hoqoq Department. Around (3389) cases solved through mediation and (7219) cases dispatched to the relevant courts and (811) cases solved and implemented by the final verdicts of the courts. The income gained through solving cases was an amount of (24556225) and transferred to the government revenue account.

  In center, Kabul, Government cases department worked on (768) property cases and commercial cases. As a result of that, around (16183) acres land, (6) houses, (245) shops and an amount of (826498 $) and (3834610 Afs) decided in favor of the Government of Afghanistan.

Further, the case management system is established and is still under working for regulating and mentoring the affairs and performances of Judicial and Justice Organizations.

According to the article (31) of constitution and Regulation on legal aid, we defended the rights of more than (6163) indigent accused and suspects including children and women in relevant courts.  Besides, in order to provide better services to indigent accused and suspects, we extended legal aid services to Helmand, Bamyan, Daikondi, Nengarhar, Balkh, Herat and ghor Provinces through a joint program between AIBA, Ministry of Justice and UNDP. As well as, legal aid is being provided in (21) provinces of Afghanistan through National Justice and Judicial program funded by the World Bank.

For those who seek free legal Advises, a Consultation center is established and may contact the number (188).

Affairs related to Confined Juveniles

Keeping and rehabilitating juveniles is one of the other duties of the MOJ (Ministry of Justice) which is being performed by relevant departments and sub departments of the MOJ (ministry of Justice) in Kabul and other provinces.  In this Part, Our problem is lack of buildings for keeping juveniles, insecurity of the said buildings and lack of doctors and instructors.

Last year around (3015) juveniles were rehabilitated in the rehabilitation centers and currently around (789) juveniles are being rehabilitated. As you know, according to the law on violation of Juveniles, confinement is considered as a last option for Juveniles, and prior to confinement, some other alternatives to confinement are considered for Juveniles as well, therefore, in the fiscal year (1395) more than (169) Juveniles benefited the alternative to confinement in cooperation and coordination with SC (supreme court), AGO (attorney General Office), Ministry of Labor and Social Affairs and Interior Ministry of Afghanistan. This program is under process and we are intended to extend it to other provinces of Afghanistan as well.  Currently, we have (10) standard installations and building for juveniles and in other provinces such as (Kabul, Herat, Badghis, Samangan, Nimroz and Balkh) have open rehabilitation centers where Juveniles are being kept from day time, on night time juveniles can be sent to their homes based on the guarantee of his/her legal represtatives provided that he/she shall be brought to the rehabilitation centers in case of need. 

Further, In Kabul Rehabilitation center, we established a school in cooperation with the Ministry of Education of Afghanistan and in the mentioned school, the standard curriculum of the ministry of education is being taught.

4- Administrative and Management field

The services mentioned earlier in above three sections, will be performed accurately, transparent and effectively, if supported and backed up by providing facilities, equipment, fair working environment, relatively experienced human resources, organized plans and efficient system of inspection and monitoring.

In this section, concisely I will address the capacity building of the employees, fair working environment and equipment, monitoring and inspection and budget.

Last year a total of (152) persons in the capital and provinces, were recruited through open competition in the vacant positions including (12) women, and (20) professional employees of MOJ (Ministry of Justice) are introduced for master’s program to the private universities in Kabul. Also a number of (11) from our female employees are introduced to baccalaureate program in one of the private universities and are busy in their studies.

A number of (10) girls graduated from Law and Sharia faculties after passing the exam, are considered for one year internship opportunity in MOJ to do the practical work and at the end of the internship period, they will be recruited in their desired positions through the open competition.

A number of (1459 persons including 1169 men and 290 women) from the employees of MOJ are introduced and trained in different training programs such as: Afghanistan administrative law, the basic principles of confidentiality for defense attorneys, strengthening the combat against administrative corruption, mentoring, basics of project management, Criminal Procedure Code, evaluation of procedures, prior recruitment training, organizational culture and corruption, bases of project management …). In the year (2017) we plan to introduce (18) more persons to master’s and baccalaureate degree programs. Also in the current year will work on the need assessments and training strategy in center and provincial levels.

Last year we built the Buildings for departments of justice in the provinces: Zabul, Panjshir, Kapisa and Faryab, and for rehabilitation centers of Nangarhar, Balkh and Farah. Also the kindergarten of the center building located in Darulaman is completed. In the current year, the construction project is ongoing for the rehabilitation centers of Bamyan, Badakhshan and Paktika and for departments of justice of Kabul, Badghis and Nimroz.

Also the construction work of the main building of Ministry of Justice and the dining hall and its installations will be completed in the year (1396). The facilities for the employees in the capital and provinces are rather satisfactory, and only our rehabilitation centers are faced with lack of transportation of confined juveniles to courts and attorney general office, which we will solve this problem in the current year.

Practical Combat against Administrative Corruption

The anti-corruption policies are organized and codified on MOJ (Ministry of Justice) level. The action plan of three working priorities of combating the administrative corruption is organized in (1395) and the proceedings are done accordingly. In this plan, control of the working performances of all the central and provincial departments, checking of the complaint box of Ministry of Justice, and draft of five laws and two regulations are included. As a result of the ongoing control, an amount of (3267524) Afs, (117449) US Dollars and (12535) Pakistani rupees from the 16 justice departments and 4 central departments is restored and delivered into the government revenue account. The price of (125) items due violations, is restored into the government budget, and (300) cases of administrative violations are revealed and proceedings have been taken for reformation.

The national program of justice and judicial reform was approved in the meeting session of the High Council of Rule of Law and anti-corruption under the chairmanship of his Excellency the President, in the current week on Monday.  This program is for five years and is designed and convened for attainment of the following objectives:

1. Presenting the effective justice and judicial services to citizens in accordance with the enforced laws;
2. Access of the citizen to justice and protecting their fundamental rights and legal liberties;
3. Ensuring the rule of law and combating against crimes including administrative corruption;
4. Assurance of meritocracy, building the professional capacity   of justice and judicial staff.
5. Strengthening the capacity and mechanism of reformation of justice and judicial laws and structure, and their access to the modern electronic facilities; and 
6. Awareness of the citizens about their rights and obligations.

In the current fiscal year, the implementation plan and practical work of this program will start in the areas of structural reformation, anti-corruption, and transparency, building the capacity and awareness to the citizen.

According to the revenue plan, an amount of (35481051) Afs should have been acquired from the revenue resources, fortunately till the end of the year an amount of (52973657) Afs was acquired and has been delivered to the government revenue account.

All the activities mentioned above are performed through the regular and development budget of the ministry and sometimes through the nondiscretionary funds provided by the international partners.

The regular budget for Ministry of Justice in the fiscal year (2016) in total is (656118072) Afs, from which an amount of (623720137) Afs is consumed which shows 95% of the consumption.

The development budget of Ministry of Justice is (359058899) Afs from which an amount of (261910747) Afs is consumed which shows 74% of consumption.

In the fiscal year 96, the regular budget of MOJ is (684000000) Afs and the development budget is anticipated (366870000) Afs, which we hope that the budget for the fiscal year 1396 will be approved sooner by you all the respectful representatives of the people of Afghanistan.

Lastly, I wish quick recovery and good health for Alhaj Fakoori Behishty the representative of people at the Lower House, and his friends, who unfortunately were targeted today.

Sincerely,