Afghanistan Research and Evaluation Unit Synthesis Paper Local Governance in Afghanistan A View from the Ground Dr Douglas Saltmarshe June 2011 and Abhilash Medhi This page has been left blank for printing purposes Afghanistan Research and Evaluation Unit Synthesis Paper Local Governance in Afghanistan A View from the Ground Dr Douglas Saltmarshe and Abhilash Medhi June 2011 Afghanistan Research and Evaluation Unit 2011 About the Authors Douglas Saltmarshe is an AREU Senior Research Manager and has had links with Afghanistan since 1987. He is a Fellow of the Centre for Development Studies, University of Bath, UK. Abhilash Medhi is an AREU Research Officer with extensive field experience in Afghanistan. He has an MSc in Development Studies from the London School of Economics and Political Science. About the Afghanistan Research and Evaluation Unit The Afghanistan Research and Evaluation Unit (AREU) is an independent research institute based in Kabul. AREU’s mission is to inform and influence policy and practice through conducting high-quality, policy-relevant research and actively disseminating the results, and to promote a culture of research and learning. To achieve its mission AREU engages with policymakers, civil society, researchers and students to promote their use of AREU’s research and its library, to strengthen their research capacity, and to create opportunities for analysis, reflection and debate. AREU was established in 2002 by the assistance community working in Afghanistan and has a board of directors with representation from donors, the United Nations and other multilateral agencies, and non- governmental organisations. AREU currently receives core funds from the governments of Denmark, Norway, Sweden and Switzerland. Specific projects are being funded by the European Commission (EC), the International Development Research Centre (IDRC), the Humanitarian Aid Department of the European Commission (ECHO), and the UK Department for International Development (DFID). Editing: Oliver Lough Cover Photograph: Abhilash Medhi: Government building in Feroz Nakhchir District, Samangan AREU Publication Code: 1114E © 2011 Afghanistan Research and Evaluation Unit. Some rights reserved. This publication may be reproduced, stored in a retrieval system or transmitted only for non-commercial purposes and with written credit to AREU and the author. Where this publication is reproduced, stored or transmitted electronically, a link to AREU’s website (www.areu.org.af) should be provided. Any use of this publication falling outside of these permissions requires prior written permission of the publisher, the Afghanistan Research and Evaluation Unit. Permission can be sought by emailing [email protected] or by calling +93 (0) 799 608 548. Local Governance in Afghanistan: A View from the Ground ii Afghanistan Research and Evaluation Unit 2011 Acknowledgements We would like to express our appreciation to AREU staff: Abdul Ahad Mohammadi, Ahmad Gul Asiar, Alice Burt, Ihsanullah Ghafoori, Jamilah Poya, Muhibur Rahman, Mumtaz Wamiqullah, Najeeburahman Sultani, Najia Hajizada, Rebecca Gang, Roya Mahtabi, Tamim Sharifzai and Zara Batul Nezami for their assistance in field research and analysis, Royce Wiles for his support as librarian, and Jay Lamey and Oliver Lough for editing and publication. Special thanks go to the AREU drivers who took us along many long and hard roads. We are also grateful for the assistance provided by the Organisation for Sustainable Development and Research, Save the Children Fund, Solidarités, Oxfam GB, Afghanaid, the Lashkar Gah Stabilisation Unit and the PRTs in Mehterlam, Musa Qala and Nad Ali. Finally, many thanks to those who so kindly took the time and trouble to review this paper and for their contributions to improving its quality and clarity. It should be noted, however, that any mistakes and misinterpretations are those of the authors. Douglas Saltmarshe and Abhilash Medhi June 2011 Local Governance in Afghanistan: A View from the Ground iii Afghanistan Research and Evaluation Unit 2011 Table of Contents Glossary ..............................................................................................................v Acronyms ............................................................................................................vi Executive Summary .................................................................................................1 1. Introduction ...................................................................................................8 2. The Research Project ......................................................................................10 3. Local Government .........................................................................................15 4. Security and Justice .......................................................................................21 5. Service Delivery ............................................................................................28 6. Representation .............................................................................................42 7. Policy Implications ........................................................................................53 8. Conclusion ...................................................................................................70 Annex 1: Maps of Research Provinces ..........................................................................72 Annex 2: Profiles of Research Provinces .......................................................................76 Annex 3: Division of Line Ministry Responsibilities ..........................................................82 Annex 4: Literature Review .....................................................................................83 Bibliography ....................................................................................................... 85 Recent Publications from AREU .................................................................................91 Figures Figure 1: Institutional map ......................................................................................11 Figure 2: The long and short routes of accountability .....................................................31 Boxes Box 1: The Blind Ones and the Matter of the Elephant ..................................................12 Box 2: Two cases of community-based dispute resolution ..............................................26 Box 3: Laghman focus group: Pashtun female teachers .................................................41 Maps Map 1: Research provinces in Afghanistan ..................................................................14 Map A1: Day Kundi Province ....................................................................................72 Map A2: Wardak and Laghman Provinces .....................................................................73 Map A3: Faryab, Jawzjan, Samangan and Sar-i-Pul Provinces ............................................74 Map A4: Helmand Province .....................................................................................75 Tables Table 1: Performance and implications of Afghan government development budget execution ....28 Local Governance in Afghanistan: A View from the Ground iv Afghanistan Research and Evaluation Unit 2011 Glossary Amlak landownership department of the Ministry of Agriculture, Irrigation and Livestock; alternatively used for officer based in the department arbab village representative, landlord; may be appointed by the community, and liaises in a quasi-official capacity between community or government; may also fulfill an executive role (see malik, qaryadar) arbaki local militia baad dispute-resolution practice; family of murderer gives either one or two unmarried girls to victim’s family burqa full-length women’s garment covering the entire body including the face and eyes hajj pilgrimage to Mecca hawza historical term for a military or police organisation Huqooq law office, civil cases department of the Ministry of Justice jihadi one engaged in holy war; sometimes equivalent to mujahiddin jirga council of elders convened on an ad hoc basis to address problems khan village leader or landlord Kuchi nomadic pastoralists; usually Pashtun malik village representative, landlord; may be appointed by the community, and liaises in a quasi-official capacity between community or government; may also fulfill an executive role (see arbab, qaryadar) madrassa religious school manteqa a variable unit of social allegiance or spatial territory that may unite villages maraka gathering Meshrano Jirga upper house of parliament mujahiddin resistance fighters during the Soviet period Mustofiat treasury department of the Ministry of Finance Pashtunwali Pashtun code of conduct qaryadar village representative; may be appointed by the community, and liaises in a quasi- official capacity between community or government; may also fulfill an executive role (see arbab, malik) qazi judge qawm unit of social solidarity that can be based on kinship, residence or occupation saranwal prosecutor based in the office of the Attorney General Sayed descendants of the Prophet Muhammad seer unit of weight equivalent to roughly seven kilograms shura community council ulema educated religious leaders and arbiters of Sharia law wali provincial governor wasita reciprocal connections to those with power or influence waqf land bestowed as a religious or charitable gift (plural awqaf) Wolesi Jirga lower house of parliament woluswal district governor Local Governance in Afghanistan: A View from the Ground v Afghanistan Research and Evaluation Unit 2011 Acronyms AIHRC Afghanistan Independent Human Rights Commission AIRD Afghanistan Institute for Rural Development ALGAP Afghanistan Local Government Assistance Program ANA Afghanistan National Army ANDS Afghanistan National Development Strategy ANP Afghanistan National Police AREDP Afghanistan Rural Enterprise Development Programme ARTF Afghanistan Reconstruction Trust Fund ASGP Afghanistan Subnational Governance Program ASOP Afghanistan Social Outreach Program BPHS Basic Package of Health Services CBDR Community-Based Dispute Resolution CDC Community Development Council CERP Commander’s Emergency Response Program CNTF Counter Narcotics Trust Fund COIN counter-insurgency CSO civil society organisation DDA District Development Assembly DCC District Community Council DDP District Delivery Program DDR Disarmament, Demobilisation and Reintegration DIAG Disarmament of Illegal Armed Groups FP Facilitating Partner GIRoA Government of the Islamic Republic of Afghanistan HIA Hizb-i-Islami Afghanistan HOO High Office of Oversight HRRAC Human Rights Research and Advocacy Consortium IARCSC Independent Administrative Reform and Civil Service Commission IDLG Independent Directorate for Local Government IMF International Monetary Fund INGO international nongovernmental organisation ISAF International Security Assistance Force JCMB Joint Coordination and Monitoring Board MAIL Ministry of Agriculture, Irrigation and Livestock MoEcon Ministry of Economy MoE Ministry of Education MoF Ministry of Finance Local Governance in Afghanistan: A View from the Ground vi Afghanistan Research and Evaluation Unit 2011 MoI Ministry of Interior MoPH Ministry of Public Health MoPW Ministry of Public Works MoWA Ministry of Women’s Affairs MRRD Ministry of Rural Rehabilitation and Development NABDP National Area Based Development Program NDI National Democratic Institute NDS National Directorate of Security NGO nongovernmental organisation NRAP National Rural Access Program NSP National Solidarity Program PAA Provincial Administrative Assembly PAD Provincial Affairs Directorate PAR Public Administration Reform PBGF Performance Based Governors Fund PDC Provincial Development Council PDP Provincial Development Plan PMU Project Management Unit PRR Priority Reform and Restructuring PRT Provincial Reconstruction Team RTA Radio Television Afghanistan SNTV single non-transferable vote TAF The Asia Foundation UNAMA United Nations Assistance Mission in Afghanistan UNCAC United Nations Convention on Corruption UNODC United Nations Office on Drugs and Crime UNDP United Nations Development Programme USAID United States Agency for International Development WB World Bank WFP World Food Programme Local Governance in Afghanistan: A View from the Ground vii Afghanistan Research and Evaluation Unit 2011 Executive Summary Contemporary Afghanistan is a complex environment characterised by powerful and competing agendas. While there have been development successes, most notably in health and education, the optimism that flourished in the few years after 2001 has much diminished. The country’s newly- established democratic process has already been undermined by widespread vote rigging, and conflict is causing increasing numbers of civilian and military deaths each year. Afghanistan remains one of the poorest countries in the world, one that will be dependent on international aid for years to come. An autonomous and modernising Afghan state requires governance systems that are effective and accountable. While there has been heavy investment in building a strong centralised state, this has not been complemented by commensurate attention to local government at the provincial and district level. As a result of this neglect: • The separation of powers between the executive, legislature and judiciary is not clear at a local level • Local governance policy is too complex and confused • Legislation on local representative bodies fails to devolve power or responsibility in any meaningful way • Donor policies have contributed to the lack of coordination of government structures The main objective of this research has been to understand how local government has progressed following the creation of the Independent Directorate of Local Governance (IDLG) and introduction of programmatic interventions such as the National Solidarity Programme (NSP). It also seeks to identify and examine the various formal administrative structures operating at the local level, and explore how they interact with informal governance mechanisms. Finally, it aims to offer a comprehensive overview of local governance in Afghanistan for those who may not be familiar with the sector. The research was undertaken over a 14 month period finishing in December 2010. It took place in 47 districts of Samangan, Jawzjan, Sar-i-Pul, Laghman, Wardak and Day Kundi Provinces, with additional time spent in two districts of Helmand. Key findings are presented under the following themes: • Local Government Administration • Security and Justice • Service Delivery • Representation This executive summary presents certain key policy discussions and recommendations, drawn from the main report, on: • The Centralised State • Responsibility for Local Government • Planning • The District • Justice Delivery • The Voting System • Donors Local Governance in Afghanistan: A View from the Ground 1