Attachment_J.11_Sub-National_Governance_Policy-SNGP.pdf

Islamic Republic of Afghanistan Independent Directorate of Local Governance (IDLG)

Sub-national Governance Policy

Spring 2010

Policy on Sub national Governance

Contents

EXECUTIVE SUMMARY

GOVERNANCE IN THE PROVINCES, DISTRICTS, VILLAGES AND MUNICIPALITIES

ON IMPLEMENTATION, MONITORING AND EVALUATION OF THIS POLICY

ON ACCOUNTABILITY TO PEOPLE

ON RESPONSIBILITIES OF THE PROVINCIAL, DISTRICT AND VILLAGE ADMINISTRATIONS

ON PROVINCIAL GOVERNANCE

ON DISTRICT GOVERNANCE

ON VILLAGE GOVERNANCE

ON ACCOUNTABILITY RELATIONSHIPS IN THE PROVINCES AND DISTRICTS

ON RESPONSIBILITIES OF PROVINCIAL AND DISTRICT GOVERNORS

ON ROLES OF PROVINCIAL AND DISTRICT GOVERNORS

ON DEPUTY PROVINCIAL GOVERNORS

ON APPOINTMENTS IN THE PROVINCES AND DISTRICTS

ON PROVINCIAL COUNCILS AND DISTRICT COUNCILS

ON DELEGATION

ON MINISTRY LINE DEPARTMENTS AND DISTRICT OFFICES

ON PDCS, PAAS, DDAS AND DAAS

ON VILLAGE COUNCILS AND CDCS

ON SUB-NATIONAL ELECTIONS

ON CODE OF CONDUCT AND CODE OF ETHICS

ON APPOINTMENT OF PROVINCIAL GOVERNORS, PROVINCIAL DEPUTY GOVERNORS AND DISTRICT

GOVERNORS

ON IMPROVING SECURITY

ON FUNCTIONAL INDEPENDENCE OF A PROSECUTOR .............................. ERROR! BOOKMARK NOT DEFINED.

ON BUILDINGS, FACILITIES, EQUIPMENT AND VEHICLES FOR SUB-NATIONAL OFFICES AND COUNCILS

ON SUB-NATIONAL JURISDICTIONS

ON CREATION OF NEW JURISDICTIONS OR MODIFICATION OF EXISTING JURISDICTIONS

ON COLLABORATION AMONG THE PROVINCES

ON PROVINCIAL RECONSTRUCTION TEAMS (PRTS)

SUBNATIONAL PLANNING AND SUBNATIONAL FINANCE

On Planning Process in the Provinces, Districts and Villages On implementation of planning process in the Provinces, Districts and Villages On Provincial Allocation of Finances On Village Block Grants On Fiscal Transfer to Municipalities On Institutional Arrangement for Sub-National Planning and Finance On Subnational Financial Management Reform

ON MUNICIPAL GOVERNANCE

On New Municipalities Law On Definition Creation, Merger and Abolition of Municipalities On Classification of Municipalities On Functions of Municipalities On Organizational Structures and Institutional Mechanisms for Municipalities On Kabul Municipality On Institutional Framework of Municipalities On Development Administration in Municipalities

On Municipal Services On Municipal Economic Enterprises On Performance Management in Municipalities On Capacity and Capability Development in Municipalities On Governance Structures within Municipalities On Municipal Mayors On Deputy Mayors On Municipal Councils On Municipal Administrative Councils On Appointed Municipal Officials and Employees On Municipal Districts On Municipal Fiscal and Financial Framework and Municipal Revenue Generation On Municipal Budgeting and Public Investments Planning On Intergovernmental Fiscal Relations and Access of Municipalities to External Resources On Financial Management and Reporting of Municipalities On Intergovernmental Relationships of Municipalities

Relationship with the Government Agencies Relationship with the Provincial Government

On Public Participation in Municipal Governance On Role of the Private Sector in Municipal Economic Development

CROSS-CUTTING POLICY ISSUES

ON GENDER IN SUB NATIONAL GOVERNANCE

ON PARTICIPATION OF YOUTH IN SUB NATIONAL GOVERNANCE

ON RIGHT TO INFORMATION

ON PARTICIPATION OF CIVIL SOCIETY AND MEDIA IN SUB-NATIONAL GOVERNANCE

ON COMBATING CORRUPTION IN SUB NATIONAL GOVERNANCE

ON PUBLIC ADMINISTRATION REFORM AND CAPACITY DEVELOPMENT IN SUB NATIONAL GOVERNMENT

ENTITIES

Public Administration Reform Senior Appointments Appointments in Grade 3-8 Performance Review Training The Afghanistan Local Governance Academy Internship for recent college graduates

ON PERFORMANCE MEASUREMENT IN SUB NATIONAL GOVERNANCE

ON PUBLIC SERVICE STANDARDS AND CUSTOMER SERVICE ORIENTATION IN PUBLIC SERVICE

ON PERFORMANCE AUDIT IN SUB NATIONAL GOVERNANCE

ON DISASTER MANAGEMENT

ON LOCAL ECONOMIC DEVELOPMENT

ON ENVIRONMENT PROTECTION

ON COMMUNITY-BASED NATURAL RESOURCES MANAGEMENT

ON MAPPING OF VILLAGES

ON LAND ADMINISTRATION

ON LAND ACQUISITION FOR PUBLIC PURPOSE

ON COUNTER NARCOTICS

ON COMMUNICATIONS STRATEGY

ON HUMAN-RIGHTS BASED APPROACH IN SUB-NATIONAL GOVERNANCE

I. BACKGROUND

1. RATIONALE

2. FOUNDATIONS FOR THE POLICY

3. OBJECTIVES

4. POLICY CONTEXT: THE CURRENT SITUATION

Provincial Administration Provincial Governor Provincial Line Departments

Appointments in Grade 3-8 Provincial Development Committee Provincial Administrative Assembly Provincial Council Provincial Courts

District Administration District Governor (woleswal) District Councils District Offices of Line Ministries District Development Assemblies (DDAs)

Village administration Village Council Community Development Council (CDC)

The Appointment of District and Provincial Governor The Afghan National Police Municipalities Facilities and Amenities in Sub-National Government Offices Civil Society and Media The State of Public Service Delivery Afghanistan’s economy Sub-National Planning and Finance

5. POLICY PROCESS

6. TIME HORIZON OF THE POLICY

II. A POLICY FOR SUB-NATIONAL GOVERNANCE

1. PROVINCIAL GOVERNANCE

Roles and Responsibilities at Province level Accountability Procedures in a Province Accountability Procedures at Province level Public Representation at Province level Appointments at Province level Provincial Governors Provincial Deputy Governor Roles and Responsibilities Provincial Councils Provincial Line Departments Provincial Development Committees Provincial Administrative Assemblies Roles and Responsibilities at District level Accountability Procedures at District level Accountability Procedures at District level Public Representation at District level Appointments at District level District Governors (Woleswals) District Councils District Offices of Line Ministries District Development Assemblies

District Administrative Assemblies

3. VILLAGE GOVERNANCE

Roles and Responsibilities at Village level Accountability Procedures at Village level Village Councils Community Development Councils

5. ELECTION OF DISTRICT AND VILLAGE COUNCILS, MAYORS AND MUNICIPAL COUNCILS

5.1 Roadmap for elections

5.2 Sources of funding for elections

5.3 Term

5.4 Term Limits

5.5 Reservation of Seats for Women

5.6 Age Requirements

5.7 Constituency

5.8 System of Elections

5.9 Provision for various elections

6. CODES OF CONDUCT FOR APPOINTED AND ELECTED SUB-NATIONAL OFFICIALS

7. APPOINTMENT OF PROVINCIAL GOVERNOR, DEPUTY GOVERNOR AND DISTRICT GOVERNOR

ON FUNCTIONAL INDEPENDENCE OF A PROSECUTOR

9. FACILITIES AND AMENITIES IN SUB-NATIONAL GOVERNMENT OFFICES

10. DELEGATION OF RESPONSIBILITIES TO THE PROVINCES, DISTRICTS AND VILLAGES

11. EXISTING SUB-NATIONAL JURISDICTIONS

12. POLICY ON CREATING NEW SUB-NATIONAL JURISDICTIONS

ON COLLABORATION AMONG THE PROVINCES

13. PROVINCIAL RECONSTRUCTION TEAMS (PRTS)

III. MUNICIPAL GOVERNANCE

GENERAL

DEFINITION CREATION, MERGER AND ABOLITION OF MUNICIPALITIES

CLASSIFICATION OF MUNICIPALITIES

FUNCTIONS OF MUNICIPALITIES

ORGANIZATIONAL STRUCTURES AND INSTITUTIONAL MECHANISMS FOR MUNICIPALITIES

KABUL CITY

INSTITUTIONAL FRAMEWORK

Management Systems Development Administration Municipal Services Municipal Economic Enterprises Performance Management Capacity and Capability Development

GOVERNANCE AND ADMINISTRATION STRUCTURES AND FUNCTIONS

The Municipal Government Municipal Mayor Deputy Mayor Appointed Municipal Officials and Employees Municipal Councils Municipal Administrative Councils Municipal Districts

FISCAL AND FINANCIAL FRAMEWORK

Municipal Revenue Generation Municipal Budgeting and Public Investments Planning Intergovernmental Fiscal Relations and Access of Municipalities to External Resources Financial Management and Reporting

INTERGOVERNMENTAL RELATIONSHIPS

Relationship with Government Agencies Relationship with the Provincial Government Relationship with other Municipalities and Districts

PUBLIC PARTICIPATION IN MUNICIPAL GOVERNANCE

Participation of Civil Society, Youth, Women and Religious Sectors

ROLE OF THE PRIVATE SECTOR IN MUNICIPAL ECONOMIC DEVELOPMENT

MOVING FORWARD ON MUNICIPAL GOVERNANCE

IV. CROSS-CUTTING POLICY ISSUES

1. GENDER

2. PARTICIPATION OF YOUTH

3. PARTICIPATION OF CIVIL SOCIETY AND MEDIA IN SUB-NATIONAL GOVERNANCE

4. ANTI-CORRUPTION

5. PUBLIC ADMINISTRATION REFORM

6. CAPACITY DEVELOPMENT AT SUB-NATIONAL LEVEL

Training of Appointed Officials at Sub-National Level Training and Research in Urban and Local Governance Internship for recent college graduates

7. PERFORMANCE MEASUREMENT, PUBLIC SERVICE STANDARDS AND CUSTOMER SERVICE ORIENTATION IN

PUBLIC SERVICE

Performance Measurement Financial, Compliance and Performance Audits

9. LOCAL ECONOMIC DEVELOPMENT

10. COMMUNITY-BASED NATURAL RESOURCE MANAGEMENT

11. ENVIRONMENT PROTECTION

12. MAPPING OF VILLAGES

13. LAND ADMINISTRATION

Land Registration Land Acquisition for Public Purpose Prevention of grabbing of private and public lands

14. COUNTER NARCOTICS

15. COMMUNICATION STRATEGY

16. HUMAN-RIGHTS BASED APPROACH IN SUB-NATIONAL GOVERNANCE

V. SUB-NATIONAL PLANNING AND SUB-NATIONAL FINANCE

1. CURRENT SITUATION

1.1 Provincial Planning and Budgeting

The Traditional Approach to Planning and Budgeting for the Provinces The Provincial Development Plan Provincial Budgeting

1.2 Allocation of Expenditure Responsibilities

1.3 Provincial Budget Allocations

1.4 Financial Management

2. POLICY PROPOSAL

2.1 Policy Objectives

2.2 Policy Components

2.21 Framework and Funding Mechanism for Provincial Planning

Creation of Provincial Plan Budget Envelopes Criteria for Setting of Provincial Allocations

2.22 Annual Provincial Planning Cycle

Roles and Responsibilities

Timing

2.23 Implementation of Provincial Plan and Budget

2.24 Fiscal Transfer for Municipalities

2.25 Fiscal Transfer for Villages

2.26 Financial Management

Financial Accountability Implementation of Financial Management Reform

3. INSTITUTIONAL ARRANGEMENT FOR POLICY IMPLEMENTATION

3.1 Cabinet Commi ee on Subnational Planning and Finance

3.2 Roles and Responsibilities of the Commi ee

VI. IMPLEMENTATION, MONITORING AND EVALUATION

IMPLEMENTATION OF THE SUB-NATIONAL GOVERNANCE POLICY

GUIDING PRINCIPLES FOR POLICY IMPLEMENTATION

POLICY IMPLEMENTATION STRUCTURE

IMPLEMENTING ASPECTS OF THE POLICY UNDER IDLG’S RESPONSIBILITY

MONITORING AND EVALUATION OF THE IMPLEMENTATION OF THE POLICY FOR SUB-NATIONAL

GOVERNANCE

VII. ANNEXURES

I. CODE OF CONDUCT FOR APPOINTED SUB-NATIONAL CIVIL SERVANTS

II. CODE OF CONDUCT FOR ELECTED SUB-NATIONAL OFFICIALS

CODE OF ETHICS FOR ELECTED MEMBERS OF THE PROVINCIAL COUNCIL

(CODE OF ETHICS FOR MEMBERS OF DISTRICT, VILLAGE AND MUNICIPAL COUNCILS WILL BE BASED ON

THIS CODE)

CODE OF ETHICS FOR THE MAYORS OF MUNICIPALITIES

III. LIST OF SUB-NATIONAL JURISDICTIONS

List of Provinces and Districts List of Municipalities List of Nahias i.e. Municipal Districts

VIII. WORKING GROUP PROCESS

1. PRESIDENTIAL DECREE

2. JCMB BENCHMARKS ON SUB-NATIONAL GOVERNANCE

3. SCHEDULE AND TERMS OF REFERENCE*

4. WORKING GROUP ON LOCAL GOVERNANCE AND WORKING GROUP ON PARTICIPATION

Policy Questionnaires Group Work Sheets and Outputs Policy Analysis Policy Presentations Policy Briefs

5. WORKING GROUP ON MUNICIPAL GOVERNANCE

Policy Questionnaires Group Work Sheets and Outputs Policy Analysis Policy Presentations Policy Briefs

6. WORKING GROUP ON SUBNATIONAL PLANNING AND SUBNATIONAL FINANCE

Policy Questionnaires Group Work Sheets and Outputs Policy Analysis Policy Presentations

Policy Briefs

7. RESEARCH INPUTS

Research Papers on Local and Urban Governance in Afghanistan The Asia Foundation

8. STAKEHOLDER COMMENTS

Ministry Comments International Community Comments Civil Society Comments Comments of Subnational Officials Public Consultation

Acknowledgements

We would like to extend our sincerest thanks to all the institutions who participated in the drafting of this Policy, particularly the Ministry of Agriculture, Irrigation and Livestock, the Ministry of Border, Ethnic and Tribal Affairs, the Ministry of Commerce and Industries, the Ministry of Communications and Information Technology, the Ministry of Counter Narcotics, the Ministry of Information, Culture and Youth, the Ministry of Economy, the Ministry of Education, the Ministry of Energy and Water, the Ministry of Finance, the Ministry of Hajj and Religious Affairs, the Ministry of Higher Education, the Ministry of Interior, the Ministry of Justice, the Ministry of Labor, Social Affairs, Martyrs and

Disabled, the Ministry of Mines, the Ministry of Public Health, the Ministry of Public Works, the

Ministry of Rural Rehabilitation and Development, the Ministry of Refugees and Rehabilitation, the

Ministry of Transport and Civil Aviation, the Ministry of Urban Development, the Ministry of

Women’s Affairs, the Independent Election Commission, the High Office of Oversight on

Implementation of Strategy Against Administrative Corruption, the Office of the Mayor, Kabul

Municipality, the Office of Geodesy and Cartography, the Central Statistical Office, the OAA and the

Secretariat of the Council of Ministers, the Independent Administrative Reforms and Civil Service

Commission (IARCSC), the Kuchi Directorate, the Afghanistan National Disaster Management

Authority, the General Directorate of Audit and Control, the National Environment Protection

Agency, the Attorney General’s Office and, the Supreme Court.

IDLG would also like to acknowledge the usefulness of research on sub national governance in

Afghanistan conducted by the Afghanistan Research and Evaluation Unit (AREU), the World Bank as well as the Asia Foundation, which contributed to drafting of this policy. IDLG hopes that the

National and International Institituitions continue their technical supports for the implementation of the Subnational Governance Policy.

Executive Summary

Governance in the Provinces, Districts, Villages and Municipalities

On Implementation, Monitoring and Evaluation of this Policy

This *policy is a first tranche of major sub national governance reform. It will be implemented through making new laws, regulations and procedures; amending existing laws, regulations and procedures; making institutional arrangements and through ongoing and new programmatic interventions. The laws, regulations, procedures and institutional arrangements will be put in place during 2010. The policy will be implemented through a well-sequenced, gradual implementation process during the period 2010-2014. The government supports the mechanisms identified for implementation of this policy. The government will undertake a comprehensive review of the implementation of the policy in the year 2014. In this review, the government will examine whether the policy has achieved its intended objectives. In the year 2014, the Policy Drafting Committee and Policy Review Committee will be reconvened to further amend the policy and by so doing continue the effort to reform and improve subnational governance in Afghanistan.

Government will establish a sub-committee of Law Reform Technical Working Group (LRTWG) on subnational governance (LRTWG’s SCSNG). The leadership of the Sub-Committee will be with the Ministry of Justice (Legislative Department), with IDLG (Policy Directorate) as its Secretariat.

Ministries that are the natural home for laws that are being drafted anew or amended will be permanent members of this sub-committee. The main responsibilities of the SCSNG will be to draft new laws and regulations and to draft amendments to the existing laws and regulations to implement this policy for submission to National Assembly during 2010 and 2011. Government will take up all the laws and regulations necessary for implementation of this policy for drafting on priority basis as an integral part of annual legislative dra ing plan during SY 1389.

On Accountability to People

The Provincial, District, Municipal and Village Administrations and the Provincial, District, Municipal and Village Councils shall be accountable to people living in their jurisdictions. The Government at all levels exists to serve the people. The elected local councils, since they represent people’s will, are next only to people in the hierarchy of power at local level. The local administrations are accountable to people through the respective local elected councils.

On Responsibilities of the Provincial, District and Village Administrations

The overarching responsibilities of the Provincial, District and Village Administrations will be as follows:

1. To maintain peace, security, order and stability

2. To maintain the Rule of Law

3. To realize, protect, promote and extend human rights of the citizens

4. To promote social, economic, educational and cultural development

5. To provide services to the people. These services include Justice, Security, Safe passage of people and goods on Public Roads, Water and Sanitation, Health and Nutrition, Education, Electricity, Roads, Local Transportation, Rural and Urban Infrastructure, Agriculture and

Irrigation, Natural Resource Management, Land Registration, Social Protection, Identity Card, Private Sector Development, civic services such as Solid Waste Management, Traffic Management, Street Lighting, Recreational Facilities, Libaries and such other services that people value most.

6. To ensure good governance arrangements i.e. to ensure Openness/Transparency Accountability to People Participation of People, especially Women and Youth Participation of Civil Society and Private Sector Local Democracy Effectiveness-Efficiency Equity and Inclusiveness Gender Justice Coherence Rule based system at all levels

7. To reduce poverty and disease and to achieve Millennium Development Goals for the people

8. To mitigate and manage natural disasters

9. To eliminate poppy cultivation and to promote alternative livelihood

10. To protect environment and to make sustainable use of natural resources

11. To support Islam and promote Islamic values

12. To assist in implementation of ANDS and national priority programmes

On Provincial Governance

The Province-level governance entities include:

Provincial Governor (including Provincial Governor office), Municipality, The Provincial line Departments including Provincial Police Chief, Provincial office of the

National Security Department, Mustofiat, and Provincial Prosecution Office (Provincial AGO).

Provincial Council and Courts, AIHRC Provincial Offices, Private Sector, Civil Society including Shuras, Assemblies and Councils, Media and communities.

Provincial Development Committee (PDC), Provincial Administrative Assembly (PAA), On District Governance

The District-level governance entities include:

District Governor (includes District Governor office), Municipality (if there is any) District Administrative Assembly (DAA), The District Line Departments including District Police Chief (includes District Police Chief office), District office of the National Security Department and District Prosecution Office (District AGO).

District Courts, Private Sector, Civil Society including Shuras, Assemblies and Councils, Media and communities.

District Council, District Administration, District Offices of Provincial Line Departments

On Village Governance

The Village-level governance entities include: Village Council, Community Development Councils (CDCs), Civil Society including Shuras and Councils, Media, Agricultural Co-operatives and Unions, Informal Governance Entities such as Malik, Arbab, Qaryadar; Khan; Rish-i-safid, Malik-i-gozar, Kalantar; Mirab; Ulema, Mullah; Arbakai; Qumandan and Communities. Village Council is Village Administration.

On Functional Independence of a Prosecutor

The provincial prosecution office and the district prosecution office are part of the provincial and district administration respectively. However they are independent in their functions. They have autonomy to take decisions as per Law on Structure and Authority of the Attorney General’s Office.

Given the important role a prosecutor plays in upholding the rule of law, this policy supports functional independence of the prosecutor from any other institution. The Provincial Governor and the Provincial Council will assess the performance of the provincial prosecution office. The District Council and the District Governor will assess the performance of district prosecution office.

Provincial Administration and Provincial Council will closely work with provincial prosecution office to provide people with access to justice services. Likewise, District Administration and District Council will closely work with district prosecution office to provide people with access to justice services.

On Responsibilities of Provincial and District Governors

The main responsibilities of Provincial and District Governors will be to maintain peace, security, order and stability; to maintain the Rule of Law; to realize, protect, promote and extend human rights of the citizens; to promote social, economic, educational and cultural development; to ensure that people get services they value most; to ensure good governance arrangements; to reduce poverty and disease; to achieve MDGs for the people; to mitigate and manage natural disasters; to eliminate poppy cultivation and to promote alternative livelihood; to protect environment and to make sustainable use of natural resources; to support Islam and promote Islamic values and to assist in implementation of ANDS and national priority programmes.

On Roles of Provincial and District Governors

The Provincial Governor is the executive head of the Provincial Administration. The Provincial Governor will lead planning, budgeting and coordination at province level. Governors will chair meetings of the PDC at least once a month. The Governor will coordinate with other provincial entities during meetings of the Provincial Development Committee (PDC) to develop provincial plans and formulate budgets to support such plans. Governors will oversee and monitor the activities of provincial line departments. Such authority will enable offices of Provincial Governors to ensure that provincial line departments are implementing their programming as agreed upon within provincial plans. Provincial Governors will be responsible for monitoring the implementation of public administration reforms and development of civil service capacity at province level. The Provincial Governor will be empowered to implement programmes that fall outside of the mandate of line departments, including for counter-narcotics and disaster management. The Provincial Governor will chair Provincial Committees on Counter Narcotics and Disaster Management. The Provincial Disaster Management Committee will be responsible for monitoring and managing provincial-level disaster preparedness, response and mitigation activities.

The District Governor is the executive head of the District Administration. The District Governor will have a role at district level similar to one that the Provincial Governor has at Provincial level. The District Governor will lead planning and coordination at district level. The District Governor will monitor and oversee functioning of district police. Likewise, District Governors will oversee and monitor the activities of district offices of provincial line departments. The District Governor will chair District Committees on Counter Narcotics and Disaster Management. The District Disaster Management Committee will be responsible for monitoring and managing district-level disaster preparedness, response and mitigation activities.

On Deputy Provincial Governors

Deputy Provincial Governor is a senior official in provincial administration. Whereas the Provincial Governor focuses on strategic issues, the primary responsibility of the Deputy Governor is to ensure that adequate attention is paid to such strategic issues on a daily basis. This will allow the Provincial Governor to concentrate on strategic decisions, providing at the same time for continuity of provincial administration regardless of political changes. When so authorized by the Provincial Governor, Deputy Governor will be responsible for daily planning, budgeting and coordination at the provincial level. Deputy Governor will be responsible for orderly functioning of provincial administration as a whole and compliance of its operations with the applicable law. He/she will ensure that laws on civil service and civil servants are strictly adhered to and that adequate conditions are created for efficient functioning of civil service at the provincial level. Deputy Governor will represent the provincial administration in the Provincial Governor’s absence or when directed so by the Provincial Governor.

Since the post of the Executive Director has been removed from the organizational structure of the Provincial Governor’s office, the Deputy Governor as a government civil servant assumes all the duties and responsibilities previously performed by the Executive Director. Such as all operational and strategic matters related to the Provincial Administration supervision and guidance of the Local Government Operations, Sectoral and Technical Services Division and Finance and Administrative Division of the Provincial Governor’s office, and overall responsibility for and planning and directing the activity of Provincial Governor’s office. All the Departments in the Provincial Governor’s office report to the Deputy Governor.

On Appointments in the Provinces

All appointments in Grade 5 to 8 of civil servants in the province will be approved by the Provincial Governor after identification and selection by the Provincial Appointments Committee following merit based open competitive recruitment procedure.

All appointments in Grade 3 & 4 of civil servants in the provincial and district offices of the ministries and agencies of the Government in the province will be approved by the respective ministry or agency after identification and selection by the Provincial Appointments Committee following merit based open competitive recruitment procedure.

Provincial Governors shall accept the staff appointed on merit through open competition and as per civil servants law.

On Appointments in the Districts

All appointments in Grade 7-8 of civil servants in the district will be approved by the District Governor after identification and selection by the District Appointments Committee following merit based open competitive recruitment procedure.

On Provincial Councils and District Councils

The Provincial Councils will create a structure for partnership with Provincial Administration and promote participation of people and civil society organizations in the governance of the Province. The Provincial Council will consult with citizens and CSOs, including shuras and jirgas on a regular basis.

The Provincial Council Chairperson will be a member of the PDC. The Provincial Council will participate in developing provincial development plans. The Provincial Council will have power and authority to hold the Governor and the Provincial line departments to account for their performance or non-performance. The key role of the Provincial Council is to exercise this accountability function.

The Provincial Governors as well as line departments will be responsible for reporting to the Provincial Council on progress made towards implementing provincial development plans.

Governors will be legally obliged to provide information before the Provincial Council once a month, on issues specified by the Council. The Governors will be held accountable by the Provincial Council for answering to the fullest extent possible information requests made by the Provincial Council.

Provincial Councils will monitor and evaluate service delivery. The Provincial Councils will utilize a number of tools for monitoring and evaluating the performance of line departments and for informing the public of the levels of services that they can expect from the provincial line departments. A performance measurement system will be established and utilized under the purview of the Provincial Council. This system will enable the Provincial Council to monitor service delivery at the sub-national level and ensure that it meets adequate standards or performance targets. All the information gathered by the Provincial Council through this system will be made open and available to public. Provincial Councils will be responsible for publishing and enforcing the performance standards or minimum service standards of all line departments within a given province. The Provincial Council will be responsible for handling citizen complaints. The Provincial Governor and the Provincial line departments will be answerable to the Provincial Council for ensuring that the complainants are responded to within a timely manner and their complaints are resolved.

The Provincial Council will serve as the primary representative of the constituents of the province within the provincial governance. The Provincial Council will hold regular meetings that are open to public to inform the public of activities being carried out by the provincial administration. The Provincial Council will consult with CSOs regarding planning, budgeting and development issues.

The Provincial Council will facilitate participatory planning and budget formulation. The Provincial Council will debate and approve major decisions of Provincial Administration within the province.

Provincial Councils will announce its agreement to the provincial development plans and provincial budgets before sending it to the Provincial Governor for final approval. The Provincial Council will make the provincial development plans and provincial budgets public after the Council’s approval.

The approval of the budget by the Provincial Council and the Provincial Governor is an intermediate step in true sense. The provincial budget becomes an integral part of national budget and is further approved by the line Ministries, the Ministry of Finance, the Council of Ministers, the National Assembly and the President. Provincial budget is an integral part of national budget.

The Provincial Council may assist in resolution of dispute of a civil nature if both parties to the dispute agree on the arbitration role of the Provincial Council. The Provincial Council will participate in and coordinate with concerned officials to eliminate customs and traditions contrary to the law, human rights and Islamic Sharia, such as forced marriages and exchange of females for settlement of disputes. The PCs will facilitate the monitoring, research and educational programs of the AIHRC.

The Provincial Councils will ensure that services are provided to the vulnerable, the marginalized, the poor, the disabled, the elderly, the orphans and the children.

District Council will perform functions and will have authority at district level that the Provincial Council has at provincial level. District Governor and District Offices of line departments will be accountable to the District Council in a manner in which Provincial Governor and Provincial Line Departments are accountable to the Provincial Council. District Councils will consult Village Councils, citizens and CSOs on planning and development issues, approve development plan of the district, debate and approve all major decisions of district administration, enforce minimum service standards, tour widely to consult with the people of the district and, oversee public complaints handling mechanism. District Governors will be legally obliged to information before the District Council once a month. District Councils will monitor and oversee functioning of district police and other district offices of line departments. Provincial and District Councils will not audit the government offices. However, heads of departments at Province and District levels including the Provincial and District Governors will provide information once a month before the Provincial and District Councils.

The Government through IDLG will give sufficient funds to Provincial, District, Municipal and Village Councils to allow them to efficiently conduct the activities within their mandate and to fulfill their responsibilities towards their constituent citizens. The IDLG will strengthen the capacity of all subnational councils, support knowledge sharing and exchange among them.

On Delegation

Each ministry will develop an appropriate policy for delegation of authority and resources. Line departments will be reorganized and different powers, functions and resources will be divided between provincial and central offices to enhance efficiency. Each ministry will allocate the function to a level that has a comparative advantage in the carrying out that function and is closest to the citizens. Delegating powers to the provincial directorates and district offices is one of the most important actions that the ministries will take to improve service delivery. Being closer to the citizens improves efficiency and accountability in service delivery. Having allocated function to the Provinces and Districts, the Ministry will allocate financial resources and authority to carry out this function to the Provinces and Districts. Procurement and contracting powers of provincial line departments, district offices, Provincial and District Governors will be substantially enhanced. The provincial line departments, their district offices, and Provincial and District Governors will have a distinct procurement and contracting authority. The Ministries will scale down deciding and procuring on behalf of the Provinces. The Centre will trust the Provinces and, the central ministries will trust the provincial line departments to make right decisions based on local preferences. Ministries will initiate implementation of their plans for delegation of authority without waiting for enough capacity to be built since capacity of the provincial line departments and their district offices cannot be effectively built unless these units are actually entrusted the responsibility. Line ministries will enhance their participation in the Provincial Budgeting initiative. Provincial budgeting initiative will be expanded to encompass all ministries and all provinces. Although the policy function will be retained in Kabul, over time all implementation pertaining to Water and Sanitation, Health and Nutrition, Education, Provincial and Local Roads, Local Transportation, Rural and Urban Infrastructure, Agriculture and Irrigation, Natural Resource Management, Land Registration, Social Protection, Identity Card, Private Sector Development, Civic Services such as Solid Waste Management, Traffic Management, Street Lighting, Recreational Facilities, Libraries and such other services that people value most and that are locally produced will be delegated to the Provinces, Districts and Municipalities. The Government will hold annual conference of the Ministries and Provincial Governors to promote coordination between Ministries at Kabul and Provincial Governors and to promote further delegation of powers to the Provinces. The Government will give the Ministries strong incentives, support and guidance in the delegation strategies. In the long run, all relevant Ministries will establish their offices in the districts in order to serve the people better.

On Ministry Line Departments

Line departments are accountable to Provincial Governors and Provincial Councils and, through Provincial Councils, to people. They must provide the Provincial Council with information on their performance on a regular basis and when requested under special circumstances. Any Provincial Line Department official can be summoned once a month by the Provincial Council to testify on an issue of public interest. The accountability to the Provincial Council creates wider accountability of the line departments to the people. Such an accountability relationship will result in improved service delivery. Directors of line departments that do not meet minimum service standards may be subject to sanction. Following an investigation into why minimum service standards were not met, if the failure to meet the minimum service standards is proved, the director of the line department will either: 1) receive training, 2) be put on probation until minimum service delivery standards are attained, or 3) Provincial Council will propose his/her dismissal. The Governor in consultation with the Provincial Council and the central office of the line ministry will decide which sanction the head of the line department will receive. The central office of the line ministry will also evaluate whether the line department requires further organizational reform or capacity building. Provincial line departments are accountable to the Provincial Council and the Provincial Governor for their performance or non-performance.

On PDCs, PAAs, DDAs and DAAs

Provincial Development Committee (PDC) will continue to serve as a body where cross-sectoral development coordination, planning and budgeting can occur. PDC meetings will be held on a monthly basis.

Provincial Administrative Assembly (PAA) consists of Governor as the chair and Heads of the Provincial Line Departments and Agencies, Provincial Prosecutor (Attorney-General Office) as well as Deputy Governors are the members. Provincial Security Chief and Mustufi are also members. District Governors can be invitee members of the PAA. Provincial Administrative Assemblies (PAAs) were created 45 years ago on 18 December 1964 to serve as a body for the Governor to coordinate with provincial line departments. It is expected to meet once a week. It is conducted when at least half of the members are present. . PAA will be a forum through which Provincial Governor achieves administrative coordination in the activity of different line departments and agencies. Decisions will be taken by the 50+1 of the members present. In the hierarchy of important coordination forums in a province, the Provincial Administrative Assembly comes next to the Provincial Development Committee (PDC). As they are both coordinating bodies at the provincial level, there is possibility of some overlap in their activities. However mandates are clearly different. PAAs will achieve administrative and security-related co-ordination while PDCs will achieve development co-ordination. Implementation is the responsibility of PAA while planning is the responsibility of PDC.

PDCs will make provincial plans and budgets and link provincial plans with provincial budgets.

PAAs will have weekly meetings and PDCs will have monthly meetings. In fact, the PAA is a sub-set of the PDC and PDC deals with wider functions as planning and budgeting at the provincial level.

Both PDCs and PAAs will be ultimately accountable to People through Provincial Councils. There will be District Administrative Assemblies (DAAs) at District level similar to PAAs at Provincial level.

District Development Assemblies (DDAs) will maintain their current roles and responsibilities until the constitutionally mandated district councils are elected in 2010. DDAs will perform the planning function of District Councils till constitutionally-mandated District Councils come into existence.

After the election of Constitutionally-mandated District Councils in 2010, DDAs, functioning as civil society organizations, will help the District Councils prepare district development plan based on local needs and priorities of people in the district. The responsibilities of DDAs will include identifying priorities at district level, making strategies that reflect interest of communities and villages and, thus assisting the District Councils in preparing district development plan.

On Village Councils and CDCs

Constitutionally-mandated Village Councils shall be elected in 2011. Village Councils will be responsible for preparation of village development plan; generation of resources for this development plan, management and implementation, monitoring and evaluation of village development plan;

oversight, monitoring and evaluation, quality assurance, performance management over the government service delivery; administration, financial management of the grants received, co-production of development goods and services; regulation such as construction regulations, security regulations and zoning; and liaison with communities, civil society and media. The Village Councils will help maintain peace, security, public order and stability; help maintain rule of law, human rights, and good governance; help reduce poverty; help attain MDGs; protect environment; and eliminate customs contrary to the law and sharia. Village Councils will play an important role in counter narcotics, disaster management, social protection; dispute resolution and reconciliation; management of village commons; natural resources management; environmental protection; land registration;

determination of village boundaries; population registration and vital statistics; and coordination with governance entities at higher level. VCs will design and implement development plans and projects. Village Councils will plan and coordinate with district offices of line ministries, which are present at the district level, District Governors, District Councils and entities at higher level governance. The Village Council will submit village development plans to District Council through District Governor for approval and consolidation. The Village Council will encourage and facilitate citizen participation in planning and identification of village priorities. The VC will constitute sub-committees in various areas of work (such as education and reforestation) based on needs of the village.

Government will ensure that coordination in all development works at village level takes place through the elected Village Council. Government will support the Village Councils financially so that these Village Councils are able to independently sign agreements and contracts for and on behalf of the village and also execute these agreements and contracts. The Government through the Ministry of Finance will allow the Village Councils to receive and spend development block grants. The Ministries will spend an appropriate percentage of their budget at village level. The Government presence will extend to each and every part of the country once all 38000 Village Councils are elected.

CDCs are presently accountable to the people who elect them. CDCs are also accountable to the Ministry of Rural Rehabilitation and Development who provides them block grant. CDCs will be accountable to people while they perform the future role of Village Councils. A er 2011, CDCs will be at liberty to continue as civil society organizations engaged in community-driven development.

The IDLG will ensure that Provincial, District, Municipal and Village Administrations fulfill their roles and responsibilities. Doing so will help IDLG ensure that security and service delivery improve at subnational level.

On Sub-National Elections

Following tables give calendar of sub national elections:

Council Second Third Fourth Fifth Sixth Provincial Council

SY 1388

(2009 AD)

SY 1392

(2013 AD)

SY 1396

(2017 AD)

SY 1400

(2021 AD)

SY 1404

(2025 AD)

Council First Second Third Fourth Fifth District Council

SY 1389

(2010 AD)

SY 1392

(2013 AD)

SY 1395

(2016 AD)

SY 1398

(2019 AD)

SY 1401

(2022 AD)

Village Council

SY 1390

(2011 AD)

SY 1393

(2014 AD)

SY 1396

(2017 AD)

SY 1399

(2020 AD)

SY 1402

(2023 AD)

Mayor SY 1389

(2010 AD)

SY 1393

(2014 AD)

SY 1397

(2018 AD)

SY 1401

(2022 AD)

SY 1405

(2026 AD)

Municipal Council

SY 1389

(2010 AD)

SY 1393

(2014 AD)

SY 1397

(2018 AD)

SY 1401

(2022 AD)

SY 1405

(2026 AD)

The national budget will be the source of funding for the Provincial, District and Village Council Elections. Municipal budget will be the source of funds for Mayoral and Municipal elections.

Constitution gives term of Provincial Councils as 4 years and that of District and Village Councils as 3 years. The term of Municipal Council will be 4 years and that of Mayors will also be 4 years.

Mayors will have 2 term limits.

25% of Provincial Council seats are reserved for women. This is minimum. More women can contest the general i.e. unreserved seats. 25% of District Council seats will be reserved for women. The seats will remain reserved if required number of women seeks election as district council members. The seats will go to men candidates to the extent women are not available to contest these positions. No Village Council seats will be reserved for women. Women are empowered to contest as general candidates on general seats. No mayoral seats will be reserved for women. Women are empowered to contest as general candidates on mayoral seats. Minimum 25% of Municipal Council seats will be reserved for women. This is minimum. More women can contest the general i.e. unreserved seats.

During the first major policy implementation review to be conducted in 2014, the Government will consider reservation of seats for women in Village Councils.

Minimum age requirement to contest the elections of sub national councils will be 22 years and age requirement for contesting mayoral elections will be 30 years.

The election of Provincial, District and Village Councils will be through Council-wide multiple-member constituencies by single non-transferable vote (SNTV). The candidates with the most votes will be elected. In PC elections, in the first stage, the one-fourth of the seats will be reserved for the female candidates garnering the most votes. In the second stage, the candidates with the most votes will be elected for remaining seats. In DC elections in the first stage, the one fourth seats will be reserved for the female candidates with the most votes. In the second stage, the candidates with the most votes will be elected for remaining seats. If the women candidates are not available, to that extent the seats reserved for women will become unreserved.

After the census is conducted in 2010, the Government will decide on carving Provincial Council electoral districts on the basis of population. To enhance accountability of the Provincial Council Members, we need to have at least one Provincial Council Member from each district of the Province i.e. each district will elect at least one (one, two or three based on population of the district) member to the Provincial Council. The member elected will be accountable to her/his constituents. In the current system, there is no guarantee that a Provincial Council will have members from all the districts in the province.

For Mayoral elections, the candidate who receives more than 50% of the legal votes will be declared the winner. If no candidate receives more than 50 percent of the votes cast in the first round, a runoff election shall be held between the two most voted candidates within two weeks following the announcement of election results. In the second round only the two candidates obtaining the most votes shall participate. The candidate who receives more valid votes in the second round of election shall be declared elected.

The system of elections for Municipal Council is single non-transferable vote (SNTV) in City-wide multiple-member constituencies.

On Code of Conduct and Code of Ethics

Elected sub national officials will sign a Code of Ethics and appointed sub national officials will sign a Code of Conduct. These Codes constitute Appendix I and II of the policy document.

On Appointment of Provincial Governors, Provincial Deputy Governors and District Governors

Provincial Governors will continue to be political appointee. The appointment and removal of the Provincial Governors will take place based on the proposal for appointment or removal by the IDLG and final approval by the President. The appointment and removal of the Provincial Governors will take place in accordance with the Afghanistan Compact, Presidential Decree #2421/2006 on the Establishment of a Consultative Mechanism for Appointments in High Ranking Government Posts and Presidential Decree # 677/2008 on the Rules and Procedures of the Senior Appointments Board.

The Appointments Panel will vet all candidates for all the positions mentioned in the Afghanistan Compact Benchmark. Such vetting as outlined in the Compact and the Presidential Decree on the establishment of the “Consultative Mechanism” would improve the quality of the decision-making on appointments. This will also ensure that Provincial Governors have sufficient qualifications and integrity for serving effectively in these positions. The Senior Appointments Panel will function according to the Rules of Procedure that were approved by the President.

Sequencing of the appointment process for Provincial Governors will be as follows: 1) The IDLG presents a list of potential candidates to the Senior Appointments Board. 2) The Senior Appointments

Board will vet the candidates over a period of 30 days. 3) The Board will propose the vetted candidates to the President. 4) The IDLG will consult with the President on the candidates deemed qualified for the positions of Provincial Governors by the Senior Appointments Board. 5) The President will appoint Provincial Governors out of those deemed qualified for the positions by the Senior Appointments Panel.

The process of appointment of Provincial Governors will be characterized by provision of reliable information to the Senior Appointments Board, transparency of the process, minimum due process standards, objectivity and uniform principles for appointment.

Based on the Presidential Decree No. 2113 dated 17th March 2010, the posts of Deputy Provincial Governors and District Governors are government civil servant positions. Their recruitment will take place based on merit-based, competitive and transparent procedures and mechanisms that will be developed by the IARCSC and IDLG.

On Improving Security

The Afghan National Police will uphold the Constitution of Afghanistan and enforce the prevailing laws of the country to protect the rights of all people of Afghanistan.

The Police will perform their duties in a professional, non-discriminatory, accountable and trustworthy manner.

The Police will work with the people to actively combat crime, especially crimes against women, children, elderly and ethnic minorities and to deal with disorder including terrorism and illegal armed activity; prevent the cultivation, production and smuggling of narcotics;

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