Justice sector and rule of law reform represents one of the key elements of state-building. Over the past five years, Afghan stakeholders, the international community and the United Nations, led by United Nations Assistance Mission in Afghanistan (UNAMA), have engaged in various efforts to improve the justice system and strengthen rule of law.
The Italian government has taken the lead in international support for this sector. There has been some progress in this area driven by a common effort to promote improved respect for international standards and human rights. However, Afghan institutions still require substantial assistance to meet justice sector reform goals and donor efforts continue to suffer from inadequate coordination and coherence. The justice sector suffers from a serious shortage of capacity and competency, a lack of resources and is plagued by corruption.
It is widely accepted that the sustainability of Afghanistan’s institutions is not only linked closely to continuing with national economic and social reconstruction but also to tangible progress in establishing the rule of law. In other words, development and security for the Afghan people cannot be achieved unless they can see reasonable prospects for the further consolidation of governance, particularly in the field of the administration of Justice. The London Afghanistan Compact and the interim Afghan National Development Strategy (i-ANDS) are the framework within which all reconstruction activities must be coordinated, acknowledging the paramount responsibility and prerogatives of the Afghan authorities. This overall effort needs to be integrated by a specific and detailed pathway in the rule of law sector. As part of the preparations for ANDS, the three main justice institutions in Afghanistan - the Supreme Court, the Attorney-General’s Office and the Ministry of Justice - have each prepared a strategy. These institutional strategies must now be consolidated into one consolidated justice sector strategy, with costed programmes and identified priorities.
With the establishment of the International Coordination Group on Justice Reform in Kabul October 2006, and the Rule of Law Conference in Dubai in December 2006, important steps were taken to re-energise justice reform and the coordination of international efforts in this area. The reform of justice has been lagging behind other sectors, yet rule of law is equally important to ensuring that the state-building exercise succeeds, that there is an enabling environment for development and growth, that the Afghan people are able to seek and to achieve justice, that security gains are consolidated.
Given the need to make headway in justice reform, the Governments of Afghanistan and Italy, together with the United Nations, convened a Conference on the Rule of Law in Afghanistan, held in Rome 2-3 July 2007, at which there was broad international participation. The Afghan government renewed its commitment to justice reform, and there was agreement to establish a new National Justice Programme, to be funded through a pooled funding mechanism. New pledges were made in support of the justice sector. The donors committed themselves to a coordinated approach at central level and at provincial level through the establishment of a Provincial Justice Coordination Mechanism. The Conference agreed on the establishment of a monitoring and evaluation system for the justice system linked to the ANDS/JCMB Secretariat. Finally, the Conference agreed on the next steps for justice reform, including a meeting in Kabul in October 2007 for the presentation of the National Justice Programme, as well as subsequent meetings towards March 2008 and the finalisation of the ANDS.
Norwegian support:
To date, Norway has been engaged in specific and limited interventions in justice reform in Afghanistan. In cooperation with Germany as lead nation, the Norwegian Police Project has been supporting police reform in Afghanistan since 2003. The main focus areas have been human rights and management training; the counter-narcotics police; promotion of women in the police force; and mentoring, also at province level through the placement of Norwegian police officers in PRT Meymaneh. This work is continuing as part of Norway’s contribution to the European Police Mission to Afghanistan (EUPOL). Norway also attaches great importance to coordination of international efforts in police reform, and has assisted in the establishment of, and now participates in, the International Police Coordination Board (IPCB).
The Norwegian Mission of Legal Advisers to Afghanistan (NORLAAF) has 6 persons on mission in Afghanistan. There are 4 members stationed in Kabul, whose main task is mentoring in the Counter Narcotics Prosecution and Court. Furthermore, there are two representatives from the Norwegian Prison Service stationed in Maimana, Faryab-province. Their mandate is to map, mentor and assist in the effort to develop the quality and human-rights situation in the prisons of the province. NORLAAF is in a phase of strengthening its rule of law team in Faryab province working both towards the government, local authorities and the international community. This will be done in the framework of the agreed provincial Justice Coordination Mechanism, in close coordination with Afghan authorities and UNAMA.
Norway also supports legal aid to refugees through the Norwegian Refugee Council’s programme of “Information and Legal Aid”, as well as human rights and transitional justice through the Afghan Independent Human Rights Commission (AIHRC) - see Democracy and Human Rights Section.
The Norwegian programmes in the justice sector will be continued, ensuring however that they are in line with Afghan priorities and policy. At the Rome Conference, in light of the renewed determination of the Afghan government and the international society to move forward with rule of law reform, Norway announced a new contribution to justice sector reform in Afghanistan of at least USD 6 million over the next three years. This new funding will be in support of the planned National Justice programme and through the agreed mechanism for pooled donor funding (likely channel will be the Afghanistan Reconstruction Trust Fund).
Other relevante documents:
Norwegian Embassy