Session 4 of the Joint Monitoring and Coordination Board (JCMB) Berlin - Germany

Session 4 of the Joint Monitoring and Coordination Board (JCMB) was held in Berlin on the reporting about the implementation of the ANDS and future decision making. The meeting was invited by the Government of Germany.
In this meeting held in the Conference Hall of German Ministry of Foreign Affairs for two days (Jan, 30 - 31), delegates from all countries and institutions who attended the London Compact were present. A high delegation from Afghanistan comprising of Prof. Mohammad Eshaq Naderi, Co-Chairman of the JCMB and Senior Economic Advisor of the President of the Islamic Republic of Afghanistan, Ministers of Foreign Affairs, Finance, Justices, Commerce, Economy and Education, as well as National Security Advisor and Representative from other Government agencies also attended the session.
In the first day of the meeting, Foreign Ministries of Germany and Afghanistan, Co-Chairmen of the JCMB Mr. Naderi and Tom Koenigs Special Representative of Secretary General of the United Nations,  and representatives of  England, India, Canada, Norway, European Commission, ISAF, World Bank, Pakistan, Turkey, Japan, United States of America, Italy, Iran, France, China, Russia, Asian Development Bank (ADB), Saudi Arabia, Spain and others  expressed their views on various issues related to Afghanistan.
On second day, explanations were provided by the Afghan delegation on the following four topics:

• Reforms in the Ministry of Interior and other security-related matters
• Financial challenges in the public sector and capacity building
• Legislative agenda of the Ministry of Justice and needs of Taqnin (Legislative Drafting) Department.
• Matters related to the coming elections

The Minister of Justice explained the third topic, the summary of which will come below:

In the Name of Allah the Merciful the Gracious

The justice sector like any other sector in Afghanistan has suffered greatly as result of more than two decades of war. The Justice Sector physical infrastructure ha been demolished either wholly or partially. The rule of law has been weakened, and the existing laws do not meet efficiently the urgent needs of the society. The working capacity has significantly dropped off. Illiteracy, poverty and lack of access to the basic requirements of life prevented the citizens of Afghanistan from obtaining awareness about the law that brought about a limitation on their legal freedoms as well as their access to justice. However, since the legal and judicial reforms play an important role in the fight against terrorism, narcotics and corruption, and in strengthening democracy and attaining the rights of the citizens, as well as in winning the trust of the nation. The Government of Afghanistan is therefore resolved to introduce necessary legal and judicial reforms that requires the establishment of a professional Supreme Court and efficient Saranwali (Attorney General’s Office). Despite an abundance of problems, the Government of Afghanistan has taken great strides in this area in the recent years, particularly in legislative drafting, approval and promulgation of legislations, constructing infrastructures and office-buildings, implementation of administrative reforms in the Ministry of Justice, capacity building, and coordination with law enforcement agencies and raising the level of legal awareness among the Afghan people. One of the most important issues outlined in the Afghanistan National Development Strategy (ANDS) is the development of necessary framework that involve bringing the  civil, criminal and commercial laws in line with the provisions of the Constitution until the end of  the year 2010.
To achieve this, the Ministry of Justice which is currently leading the Law Reform Working Group that comprises of experts and representatives of the government agencies and international organizations, works hard to fill the gaps and address the legislative needs and make the existing laws consistent with the Constitution.

Legislative Accomplishments within the Past Five Years

Here, I deem it necessary to present a brief report on one of the important issues related to the rule of law i.e. legislative activities of the past years as well as the future plans as follows:

• The Ministry of Justice has enacted and promulgated 188 legislative documents including Laws, Regulations and Charters during the past five years.
• Average per year: Enactment and Promulgation of more than 37 legislative document each year.
• Average per month: Enactment and Promulgation of more than 3 legislative each month.

The Most Important Documents are as follows:

• Law on Mass Media
• Law of Private Investment
• Interim Criminal Procedure Code
• Law of Prisons and Detention Centers
• Juvenile Law.
• Law on Regulating Telecommunication Services
• Minerals and Hydrocarbons Law
• Income Tax Law
• Customs Law
•  Da Afghanistan Bank Law
• Budget Law
• Procurement Law
• Anti-Narcotics Law
• Environment Protection Law
• Statistics Law
• Police Law
• Elections Law
• Law of Councils
• Political Parties Law
• Social Organizations Law
• NGOs Law

And many more.

Legislative Plan for the Year 1385 (2006-2007)

In the year 1385, about 29 legislative documents have been finalized by the Government, and we shall finalize 7 more documents by the end of the year.
The most important documents that were of our priorities in the past year and have been approved by the Government are:

• Law on Basic Organization of the Islamic Republic of Afghanistan
• Defense Attorneys Law
• Law on Independent Commission for the Supervision of the Implementation of the Constitution
• Corporation Law
• Partnership Law
• Commercial Arbitration Law
• Commercial Mediation Law
• Labor Law
• Cooperatives Law
• Law on Public Health
• Pharmacy Law
• Law of Forensic Medicine
• Regulation on  Financial Administration and Public Expenditures
• Regulation on  Population Census

 And some other documents.

Legislative Plan for the Year 1386 (2007-2008)

• In consultation with the Ministries and Government Agencies;
• And In consultation with the International Partners and Advisors, Consultative Groups and Working Groups;

We were able to put 20 documents in our plan for the year 1386. However, by the end of the year 1385 when we obtain the approval of the Council of the Ministers over this plan the number may add up to 35 legislative documents.
The most important among the abovementioned documents are:

• Law of Personal Status
• Criminal Procedure Code
• Anti-Terrorism Law
• Law on the Organization and Jurisdiction of the Judiciary
• Law on the Organization and Jurisdiction of Saranwali (Office of General Attorney)
• Contracts Law
• Law on Commercial Documents
• Law on Kidnapping and Trafficking Humans
• Law on  Elimination of Violence against Women
• Civil Aviation Law 
• Education Law
• Elections Law
• Agriculture Law
• Law of Civil Service

      And so forth.
We hope that by the end of the 1389, a significant part of the Afghanistan’s legislative needs will be met, as it was agreed upon in the Afghanistan Compact, and we will have all our laws revised, in line with requirements of the time and consistent with the Constitution of Afghanistan and International Standards.

Needs of the Taqnin Department

The implementation of the work plan requires addressing the basic necessities of the Department of Taqnin. We express our gratitude for the JCMB for the emphasis, in its 3rd Session in Kabul, on fulfilling the needs and building the capacity of Taqnin Department. Therefore the Ministry of Justice has prepared the list of the needs of this Department for the next four years the copy of which is in front of you.
The needs specified in this list includes: Long-term and short-term trainings in professional topics, English language, computer competency, establishment of a resourceful and well-equipped library for easy access to legal resources, hiring professional translators, and advisors in the field of legislation, supply of proper office materials, work space, and establishment of a printing house dedicated to the publication and promulgation of laws. For better appropriation of the needs of Taqnin Department, and the estimated costs for the next four years, please refer to the related document. It is noteworthy that for meeting the benchmarks of the National Development Strategy and Afghanistan Compact, the financial and professional assistance of the international community is imperative.
Finally, taking the opportunity, I would like to express my appreciation for the assistances offered by the International Community particularly the governments and organizations that offered their assistance in the Justice Sector. I hope these comprehensive assistances will continue for strengthening and rehabilitation of justice system and upholding justice and attaining the people rights in the country.