Editor in Chief: Moh. Reza Huwaida Friday, January 18th, 2019

Fighting Administrative Corruption in Afghanistan


Fighting Administrative Corruption in Afghanistan

Within the past two decades, the issue of administrative corruption has challenged Afghanistan seriously and hampered it from gaining political, economic and managerial objectives. The spread of administrative corruption created problem for the current administration and prompted the National Unity Government (NUG) to take serious steps in reducing and eliminating corruption. This issue further pushes the state to focus on the significant issues such as fair distribution of national capitals, creation of a safe ground for political, economic and cultural activities, easy access of citizens to justice, enforcement of social justice, public welfare and denial of monopolization, etc.
Similarly, the government has prioritized combating many kinds of discriminations. For instance, racial, religious, and linguistic discriminations and discrimination in hiring process are denied and fought strongly. National programs are designed effectively in gaining the state’s objectives.
Establishing the Supreme Council for the Rule of Law and Combating Corruption:
It is an undeniable fact that lack of supervision and effective and efficient legal system is the main reason behind reducing the sense of responsibility and working conscience in the society. This issue also paved the ground for administrative corruption. The Supreme Council for the Rule of Law and Combating Corruption was established under the supervision of the President for the aim of monitoring and pursuing the agenda adopted by the government and preventing from violation of law and regulation. This further aims to strengthen the system of justice and judiciary based on rule of law, observe human rights, facilitate access to justice, reform laws and legislative documents based on needs and as well as combat administrative corruption effectively and with strong determination. It is worth saying that fighting strongly the roots of such issues is important but the process of government’s supervision should not lead to the extension of a bureaucratic system which is believed to increase the challenges of the public. In addition to having a strong and serious determination for eradicating administrative corruption, a parallel and coordinated activities of governmental institutions and government forces in the country is necessary. Moreover, strengthening judicial system and setting and enforcing appropriate punishment for those committing corruption are highly essential in reducing and eliminating exploitations – this will be a right solution in this regard. Supporting the media and press with the objective of reflecting freely and clearly the corruption committed by high-ranking officials will be crucial and will play a key role in fighting corruption. Which is why the Supreme Council for the Rule of Law and Combating Corruption has been established.


Drafting and Amending Legislative Documents:
The need for drafting, adjusting and revising laws, which will smooth the path for transparency and social justice, is an important issue. But what is more important is decreasing and eliminating corruption in governmental and non-governmental institutions and amending law and approving new law. Therefore, social groups and organizations ask for reviewing law, which is a legal want, for gaining their legal and legitimate demands. On the other hand, taking the citizens’ demands into account will not be possible without amending and drafting law. Lack of attention to this issue has led to ambiguity, exploitation and corruption, and lack of transparency. Hence, the government seeks to pay serious attention in this respect, pave the ground for citizens’ demands in the frame of legislative documents and end the disharmony between legislative documents and the needs of time and place. This will ensure legal sanction and support law more than ever before.
It is believed that amending laws and regulations and legislative documents are the most crucial part of fighting corruption, since these will end the confusion and ambiguity exist in law and ban the way for exploitation. The best result is to leave no room for the opportunists to exploit the vacuum and confusion left in laws. Therefore, the NUG has established the Committee of Laws led by the Second Vice President Sarwar Danish prioritized this issue. Within three years, this committee has conducted its weekly meetings regularly and about two hundred legislative documents have been revised, amended and finalized. The most important of them are: The law of elections, the law of education, the law of land tenure, the law of the municipalities, the law of urban development and housing, the law of taxation, the law of the prohibition of torture, the law of communities, strikes and demonstrations, the Customs Code, the law of the protection of domestic industry, the law of Jirgas in civil disputes, Law on the protection of the rights of the author, the artist and the rights (copyright), the law of protecting the inventor and explorer, the passport law, the law of the railways, the law on the protection of children, the law of customs, the law of civil servants, etc.

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