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Local Governance in Afghanistan: A View from the Ground

Local Governance in Afghanistan: A View from the Ground

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<strong>Afghanistan</strong> Research and Evaluation Unit<br />

2011<br />

8. A Model of Improved <strong>Local</strong> Government<br />

Apply<strong>in</strong>g <strong>the</strong> options presented <strong>in</strong> Section 7.12 would lead to a re-alignment of structures, as outl<strong>in</strong>ed<br />

<strong>in</strong> Figure 3 (on <strong>the</strong> next page). The most important consequence would be a clearer dist<strong>in</strong>ction<br />

between <strong>the</strong> three pillars that form <strong>the</strong> state: <strong>the</strong> judiciary, <strong>the</strong> executive and representative bodies.<br />

Representative bodies would have <strong>in</strong>creased powers to hold <strong>the</strong> executive to account. This is signified<br />

by <strong>the</strong> heavy emphasis placed on <strong>the</strong> l<strong>in</strong>es of accountability, as opposed to <strong>the</strong> weak l<strong>in</strong>es of report<strong>in</strong>g<br />

and communication that currently exist. While this study has focussed on prov<strong>in</strong>cial and district<br />

councils, amendments to <strong>the</strong> legal framework for representative <strong>in</strong>stitutions would also notionally<br />

<strong>in</strong>clude <strong>in</strong>creased responsibility for <strong>the</strong> Wolesi Jirga with a correspond<strong>in</strong>g reduction of power held by<br />

<strong>the</strong> president’s office. The enhancement of representative bodies through <strong>in</strong>creased powers would<br />

also enable <strong>the</strong>m to have a measure of oversight of <strong>the</strong> judiciary. Responsibilities deriv<strong>in</strong>g <strong>from</strong> <strong>the</strong><br />

adoption of an alternative vot<strong>in</strong>g system to SNTV would likely improve councillors’ responsiveness to<br />

<strong>the</strong> constituencies <strong>the</strong>y represent.<br />

Through <strong>the</strong> research, it was also observed that <strong>the</strong>re is an apparent disconnect between <strong>the</strong> judiciary<br />

and o<strong>the</strong>r pillars of <strong>the</strong> state and that mechanisms for justice delivery lack transparency. While a<br />

detailed study of <strong>the</strong> judiciary was not part of this research, <strong>the</strong> consequences of its sub-optimal<br />

operation were very evident. Improved local accountability of <strong>the</strong> justice system could be achieved<br />

through <strong>in</strong>creased scrut<strong>in</strong>y by prov<strong>in</strong>cial and district-level <strong>in</strong>stitutions of <strong>the</strong> courts and <strong>the</strong>ir legal<br />

decisions.<br />

The proposed changes would thus see a reduction of <strong>the</strong> powers now vested <strong>in</strong> <strong>the</strong> executive <strong>in</strong> two<br />

ways. Firstly, <strong>the</strong>re would be a decrease of <strong>the</strong> <strong>in</strong>fluence that flows <strong>from</strong> <strong>the</strong> president’s office,<br />

particularly <strong>in</strong> respect of <strong>the</strong> prov<strong>in</strong>cial and district adm<strong>in</strong>istrations. The roles of <strong>the</strong> wali and woluswal<br />

would be focused more on facilitat<strong>in</strong>g and coord<strong>in</strong>at<strong>in</strong>g prov<strong>in</strong>cial and district l<strong>in</strong>e departments.<br />

Secondly, <strong>the</strong> powers and role of <strong>the</strong> Prov<strong>in</strong>cial Development Committees would change with <strong>the</strong>m<br />

hav<strong>in</strong>g responsibility for plann<strong>in</strong>g and budget l<strong>in</strong>es to meet locally prioritised needs. Plann<strong>in</strong>g would<br />

take place with<strong>in</strong> <strong>the</strong> committees, or <strong>the</strong>ir sectoral work<strong>in</strong>g groups, to which prov<strong>in</strong>cial councils<br />

would be able to more constructively contribute, backed up by an expanded legal mandate. Given<br />

that <strong>in</strong>formation regard<strong>in</strong>g revenues and o<strong>the</strong>r funds consolidated by <strong>the</strong> Mustofiat would be more<br />

readily available to <strong>the</strong> Prov<strong>in</strong>cial Development Committees, plann<strong>in</strong>g and spend<strong>in</strong>g decisions would<br />

be better <strong>in</strong>formed and more transparent. In Figure 3, for reasons of simplicity, <strong>the</strong> MoF is considered<br />

to be part of <strong>the</strong> l<strong>in</strong>e m<strong>in</strong>istries and <strong>the</strong> Mustofiat as part of <strong>the</strong> prov<strong>in</strong>cial l<strong>in</strong>e departments.<br />

The model represented <strong>in</strong> Figure 3 emphasises <strong>the</strong> need to move toward an <strong>in</strong>creased separation<br />

of powers, <strong>the</strong> provision of <strong>in</strong>creased powers to <strong>the</strong> elected bodies and a consequent reduction<br />

of presidential power (particularly over appo<strong>in</strong>tment), and <strong>the</strong> creation of a more accountable<br />

judiciary. It implies that <strong>the</strong>re is political will and resources to provide <strong>Afghanistan</strong> with effective<br />

local government. While <strong>the</strong> model might be considered utopian <strong>in</strong> its expectations, it never<strong>the</strong>less<br />

provides a realistic goal to be worked toward.<br />

<strong>Local</strong> <strong>Governance</strong> <strong>in</strong> <strong>Afghanistan</strong>: A <strong>View</strong> <strong>from</strong> <strong>the</strong> <strong>Ground</strong><br />

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