Financial Crime World

Corruption Crackdown in Afghanistan: Enforcement Agencies Under Scrutiny

Kabal, Afghanistan - A Presidential Decree to Tackle Corruption

A presidential decree aimed at tackling corruption has set a deadline for government agencies to fulfill their obligations, but its effectiveness remains uncertain. The decree, enacted to promote transparency and accountability, could result in prosecution if agencies fail to comply.

Concerns Over Lack of Checks and Balances

Experts have raised concerns about the lack of a proper system of checks and balances, as well as doubts over the genuine political commitment of high-ranking officials to combating corruption. Despite Afghanistan’s ratification of the United Nations Convention against Corruption (UNCAC) in 2007, the country still faces significant challenges in implementing anti-corruption measures.

Afghan Penal Code and Constitution

  • The Afghan penal code criminalizes active and passive bribery.
  • Article 154 of the Constitution requires senior government officials to declare their assets.
  • However, a large number of officials must declare their assets, posing resource and capacity challenges for effective implementation and oversight.

Political Parties Law and Electoral Process

  • Afghanistan’s political parties law prohibits donations from legal entities to both political parties and individual candidates, with natural persons allowed to make donations up to $25,000 per year.
  • Candidates can also rely on public subsidies during elections and are required to report on their campaign expenditures to the Electoral Commission.

Lack of Access to Public Information Law

Despite these measures, the country lacks a law on access to public information, although a draft law is currently being considered by the government. The absence of such a law hinders transparency and accountability in government activities.

Institutions Tasked with Investigating Wrongdoings

Several institutions in Afghanistan are tasked with investigating wrongdoings and fighting corruption, including:

  • High Office of Oversight and Anti-Corruption (HOO)
  • Attorney General’s Office
    • Responsible for monitoring, investigating, and prosecuting corruption cases.
    • However, the office has been criticized for its inefficiency in charging individuals involved in corruption.

Challenges Facing Institutions

Many of these institutions lack the necessary political will and/or suffer from political influence, rendering them unable to perform their duties efficiently. Additionally:

  • Several prosecutors have been accused of being involved in corruption and abuse of office.
  • Others may accept bribes to not offer charges or appeal court decisions.

Presidential Decree 45

The Presidential Decree 45 aims to enhance the integrity and effectiveness of prosecutions by creating a surveillance department to monitor the activities of prosecutors. However, its implementation has been deemed inadequate by some experts.

Uncertainty Over Prosecution of Cases

As Afghanistan continues to grapple with corruption, it remains unclear how cases have been prosecuted due to failure to meet the deadline set by the decree. The country’s anti-corruption efforts will require significant improvements in coordination among different ministries, offices, and donors, as well as capacity building and independence of anti-corruption and law enforcement institutions.