Completion of a Two-Day Conference on Justice, Good Governance, and Sustainable Development
On Sunday, May 21, 2017, the Attorney General’s Office (AGO) conducted a justice and economic conference with the cooperation of the Afghanistan Chamber of Commerce and Industries (ACCA) at the Intercontinental Hotel in Kabul which lasted two days.
The Second Vice President of Afghanistan, Qanonpoh Mohammad Sarwar Danish; National Unity Government’s (NUG) Chief Executive Officer, Dr. Abdullah Abdullah; Supreme Court Chief Justice, Qanonpoh Said Yosuf Halim; the Attorney General, Saranpoh Mohammad Farid Hamidi; Minister of Commerce, Homayoun Rasa; Deputy of Afghanistan Chamber of Commerce and Industries, Khanjan Alokozay; Members of Parliament; AGO Deputies and Directors; and national businessmen participated in the conference.
The conference main goal was to identify challenges before investment efforts and to find solutions for sustainable economic development in Afghanistan.
Background of Sustainable Development:
Second Vice President of Afghanistan, Mohammad Sarwar Danish, talked about the background of sustainable development, which was discussed by the United Nations between 2000 and 2015, and detailed its goals and objectives. He added, “After the end of 15 years Millennium Development Goals (MDGs) without any achievement; on September 2015, the United Nations approved 17 goals of the sustainable development along with its 169 indicators in six themes. It was estimated that the world countries should spend seven trillion dollars +to achieve these goals until 2030.”
As a member of the United Nations, Afghanistan is committed to implement the Sustainable Development Goals (SDGs). According to Mr. Danish, Afghanistan’s Council of Ministers has assigned the Ministry of Economy to monitor and evaluate the SDGs procedures, and their effective implementation. Moreover, the Ministry of Economy is responsible to prepare an annual implementation report and present it to the cabinet and UN General Assembly through diplomatic references.
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Categorization of the Investment
The Second Vice President has categorized the investment into different types: social, humanitarian, natural, and human made. According to Mr. Danish, accurate management and acceptable and logical links between the three areas of economy, society, and environment is very important. He continued, “Creating a link between these three areas can conclude to sustainable development. There will be no sustainable development where one of the three elements is missing.”
Role of the Government
Mr. Danish believes that governments are the principle for implementation of the Sustainable Development Goals. The target audience of this program is the United Nations. Good governance can also coordinate the economic, social, and environmental elements. It can also manage their usage in a manner that can guarantee justice amongst generations.
Role of the Businessmen
Mr. Danish explained how businessmen, investors, industrialists, and suppliers play fundamental roles in achieving the Sustainable Development Goals. He said, “This group of people can eradicate poverty by providing employment opportunities and paving the ground for public welfare through reinforcement of industry, production, and technology.”
Role of the Judiciary
Mr. Danish noted that the judiciary (justice and judicial systems) play a vital role in this regard. According to him, an economy does not grow without justice as well as active and effective judicial system and there will be no opportunity for investment which will result in no progress or malformation of businesses, industry, production, and agriculture. He added, “As it is mentioned in the 16th goal of the sustainable development, access to justice is also one of the objectives of the Sustainable Development Goals and the judicial justice can create opportunity for the achievement of these goals. Justice and economic growth are two elements that are interconnected and act as supplementary to each other.”
Challenges against Economic Growth in Afghanistan
Mr. Danish considers that challenges against economic growth are very serious. According to him, the insecurity, bureaucracy, administrative corruption, strict laws, and lack of necessary facilities are the important challenges against economic growth in Afghanistan.
Policies of the National Unity Government
As the Second Vice-president said, “The policy of the National Unity Government is to encourage and remove challenges and obstacles against internal and external investments in energy, water, communications, construction, industry, mines, and agriculture sectors in order to expand internal products and improve exports.”
Mr. Danish said, “Operations in all of the mentioned sectors, particularly industries sector, are faced with different restrictions. These sectors have improved so much during last years, but the Afghanistan economy has yet not improved to the required level. This problem results in slow economic growth and lack of employment opportunities in the country.” He considers transparency in the procurement of governmental contracts, agricultural development, internal and regional transport, transit routes, and attracting the attention of the regional countries toward importance of the Afghanistan transit, increase of internal incomes, start and procurement of 32 water dams for important electric energy. Drafting policies and the Law on Public-Private Partnerships in order to establish an appropriate atmosphere for private sector investment in fundamentals and public services, establishment of mechanisms, effective and transparent instructions for prior bidding, bidding competition, and after granting the project, and introduction of a basic framework for administrating public-private partnerships projects as the achievements of the National Unity Government.
Mr. Danish additionally considers the current policy of the Afghan government as follows, “Making the procurement process of contracts transparent, providing financial, taxation, banking, and administrative facilities for investing, supporting internal products, avoiding bureaucracy and fighting corruption. The serious measures of the government for establishing the High Council of Rule of Law and the Justice and Judicial Center for Counter Corruption are the important indices of the government in this regard.”
Provision of Security
According to Mr. Danish, “The government has to ensure security of traders and investors.” He classified the security of this category in physically, judicially, and legal categories. He continued, “The 10th article of the Afghanistan Constitution obliges the government to encourage and support private investments and businesses based on the bazaar (market) economy and ensure their safety.”
Legal Guarantee
The Second Vice-president believes that a large number of financial, commercial, industrial, and agricultural laws have been approved in the last 14 years.
Mr. Danish talked about particular barriers before investment that is mentioned in the Afghanistan Constitution and said, “The Afghanistan Constitution prohibit foreigners to possess lands as enshrined in article 41. This type of barrier does not exist in many countries nowadays because impeding to sell lands to foreigners results in a serious restriction for investing.”
Provision of Solutions
Mr. Danish presented some particular suggestions for economic development of Afghanistan during the conference. Participation of the competent representatives of private sector in decision-making meetings of the government regarding economic and commercial issues was one of the solutions. Meanwhile, establishment of a joint working group among the government and private sector to reform and amend laws was the other solution that he provided. Establishment of the joint working group among private sector and justice, judicial and security institutions regarding security, administrative, and judicial problems in courts, prosecution offices, Ministry of Justice and police were some other suggestions of Mr. Danish for economic development of Afghanistan.
Dr. Abdullah Abdullah, the Chief Executive Officer of the National Unity Government, emphasized protection and ensuring the security of traders. He said, “The National Unity Government severely fights to eliminate kidnapping. Kidnappers and criminals who endanger physical and mental health of the society will be fought decisively.”
Dr. Abdullah mentioned establishing a committee in private sector which is composed of government, private, and international institutions to hear problems of private sector in the Chief Executive Office. Pointing to traders and investors, he said, “I am committed to implement your legal objectives which results in social development, sustainable development, and good governance.”
Supreme Court’s Vision
The Supreme Court Chief Justice, Sayed Yousuf Halim, talked about decisiveness and determination of this entity towards dealing with cases. He explained the jurisdiction and legal obligations of detective, investigative, and judicial entities and said, “The Supreme Court’s leadership understands the concerns for maintaining security and by taking into account the critical mission for maintaining justice, this entity will do its best and continue to maintain justice in process of settling cases.”
Vision of the Attorney General’s Office
Saranpoh Mohammad Farid Hamidi, The Attorney General of Afghanistan, emphasized the role of justice in sustainable development. According to Mr. Hamidi, neither development nor growth is possible without justice being enforced.
Mr. Hamidi explained that stopping trade should not be the first action if there is a problem in trade. Stopping trade should be the last resort for justice and judicial institutions. He also emphasized that freezing assets should not be considered as a first medium, “Criminal procedures and the Penal Code should be definite sources for defending employment, investment, and sustainable development in Afghanistan, not obstacles.”
The Attorney General considers professional capacities important for investment. According to him, sovereignty should be restored in Afghanistan; lack of sovereignty in the country causes a lot of problems for investors.
Why This Conference?
The Attorney General considers the objectives of the conference to be investor protection, investment growth, and sustainable economic development through strengthening justice and judicial mechanisms. He added, “We held this conference to explore ways in which we strengthen the justice and law in Afghanistan to maintain security and immunity of investment in the country.”
Reform of Laws
According to Mr. Hamidi, reforming laws was one of other objectives of this conference. In his belief, many reforms have been made on legislation; but so far, we have not come to the stage to handle the laws and regulations of the entire field in order to ensure satisfaction of businessmen, investors, and people of Afghanistan. He added, “There are a lot of other rules and regulations needed for traders and investors. Efforts should be made for development of such rules and regulations.”
Reforms in Justice and Judicial Institutions
According to the Attorney General, many reforms have been made in justice and judicial institutions, but yet there is a long journey ahead. Despite all the problems and challenges to bring reforms, our commitments in Afghanistan are considerable. He added that, “We will be responsibly working to bring reforms, maintain justice, and prepare the ground for rule of law in Afghanistan.”
Development of Private Sector
Khanjan Alokozai, Deputy Chairman of Afghanistan Chamber of Commerce and Industries, spoke on behalf of traders and considered this conference a reflection of serious determination of the Attorney General towards private sector growth. In his belief, since the time the National Unity Government has come into power, the role of private sector has been highlighted. He continued, “The government considers suggestions of private sector in economic council, economic committee, civil high council, regulations committee, high construction council, land council and in all other law that are implemented.”
Security Concern
Mr. Alokozai expressed his concern over lack of security for traders in the county. According to him, in two previous months, about 20 cases of child abduction related to traders have occurred, out of which five incidents were in Kabul.
Acting Minister and Professional Deputy of the Ministry of Economy, considered good governance, peace, and justice important in order to reach sustainable development objectives. He believes that tackling famine, facilitating prosperity, and safeguarding environment, economic growth and development that makes a basic agenda of sustainable development objectives, which are fundamental for reaching a prosperous society.
Maintaining Justice: An Individual and Islamic Responsibility
Ayaz Nyazi, Professor of Sharia of Kabul University, considered maintaining justice as an inclusive Islamic responsibility.
Pointing to national traders, he said, “Let us work for maintaining justice in Afghanistan instead of transferring our money outside the country, because maintaining justice guarantees justice.”
On May 22, 2017, the second day of the conference, Supreme Court officials discussed the challenges hindering investment in Afghanistan with representatives of security entities, traders, and investors. Challenges in different areas were identified and alternatives were provided.
For the first time, the Attorney General’s Office conducted a special conference concerning elimination of investors’ challenges and problems, and sustainable economic development of Afghanistan in cooperation with the justice and judicial sectors.