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2004 Afghanistan
tenuous security situation has continued to threaten the gains of the
transitional process, with incidents caused by terrorist and criminal
activities as well as factional clashes. The increase of poppy cultivation
and narcotics has continued to be of particular concern in 2004 as they
further eroded the environment. This situation has had a negative impact
on assistance and development programmes in the country, as deployment
of UN personnel, NGOs and other humanitarian agencies was restricted due
to security considerations. Although 2004 saw progress in the Disarmament Demobilization and Reintegration process, the establishment of the new Afghan National Army and National Police as well as in the reform of the justice sector, support from the international community, in particular through the presence of international military forces, will continue to be required. The deployment of additional international forces, especially through Provincial Reconstruction Teams can provide the critical space in which progress can be made in the mutually reinforcing areas of security-sector reform, anti-narcotics activities, reconstruction, expansion of government authority and imposition of rule of law.
Disarmament, Demobilization and Reintegration While these targets were not met prior to the election, the electoral process itself appeared to have a positive effect on disarmament. For example, a provision in the electoral law stated that candidates could not register to vote if they maintained connections with armed militias. Hence, the Central government appointed commanders from within the structure of militias that were linked to aspiring candidates. The Ministry of Justice, in accordance with the political party law, also refused to register groups with known links to armed factions. This provided a further incentive to decommission militia units. To accelerate demobilization and disarmament, in July 2004 the President issued a decree identifying additional units to be demobilized prior to the elections and instructing the Ministries of Defence and Finance to begin to apply financial sanctions in cases of non-compliance. By the end of September an additional 5,480 soldiers had entered the disarmament, demobilization and reintegration programme, beyond the 15,355 that had been disarmed before the decree was issued. Over20,000 soldiers have begun the process of reintegration. The issue of irregular militias also needs to be addressed. These are armed groups that are not on the payroll of the Ministry of Defence, and hence not included in the ongoing disarmament, demobilization and reintegration programme. But these groups are increasingly responsible for insecurity in many parts of Afghanistan. The Government, together with the international community in Kabul, is examining the means to dismantle these groups through weapons collection and community development programmes. Afghan
National Army The main accomplishment of the Afghan National Army over the year 2004 was the provision of security for the presidential election. It was an integral part of the nationwide security plan and played a major role in the search for improvised explosive devices before polling stations opened, in securing roads and as a visible quick-reaction force. In addition, it was primarily responsible for the security of the regional counting stations. Throughout the election the soldiers were highly visible and technically proficient and were able to secure the cooperation of Afghans in locating and neutralizing improvised explosive devices, rocket-launching areas and potential ambush sites. The Afghan National Army also provided security, in isolated cases, for the mobile disarmament units conducting the disarmament, demobilization and reintegration programme. In addition, it was instrumental in separating the forces of Ismail Khan and his opponents, Amanullah Khan (Shindand) and Zahir Khan (Qalae-Naw), in western Afghanistan during the conflict in August 2004, when it deployed two battalions to the area at short notice, where they provided a buffer between the belligerent forces to allow negotiations to continue.
Afghan National Police Reform At the Doha conference on police reconstruction, held on 18 and 19 May 2004, co-hosted by the Governments of Afghanistan, Germany and Qatar and the United Nations, participants pledged $350 million for police programmes over the next few years. The UNDP-administered Law and Order Trust Fund for Afghanistan (LOTFA), which pays for police salaries and equipment, currently suffers from a financing shortfall of $72.6 million. The Afghan police force proved itself during the electoral process despite its limited means. Police, who were provided with specific electoral training, accompanied registration teams to ensure their security and provide order during registration. Police also guarded polling sites on election day and, along with the Afghan National Army, formed the first line of defence against those who might have attacked the election process.
Justice Reform Under the new Constitution the Supreme Court is the highest judicial organ in Afghanistan, and its structure and administration are well defined. The physical facilities of the permanent justice institutions, including the Supreme Court, the Attorney General’s office and the Ministry of Justice, are currently undergoing rehabilitation with support from UNDP. Legal education reform, also supported by UNDP, is a crucial step for ensuring a new generation of judicial staff. Two legal education systems exist in parallel: the Faculty of Law and Political Studies, following the French model, and the Faculty of the Shariah. Both have very old curricula that have not been revised over the past 25 years. Future actions include setting up a board of experts to work closely with the Ministry of Higher Education; the enhancement of teaching and research capacities; the creation of new linkages with foreign academic institutions the rehabilitation of physical infrastructure (justice facilities in six provinces, including Kabul, are being rehabilitated); and the establishment or improvement of law libraries. Complementary to the justice reform effort is the rehabilitation of the correctional system, supported by the United Nations Office on Drugs and Crime. A key reform was the transfer of prison administration from the Ministry of Interior to the Ministry of Justice. A draft penitentiary law finalized by the United Nations Office on Drugs and Crime is currently under review by the Ministry of Justice. The Office has also begun the rehabilitation of the detention and prison facilities in Kabul and selected provinces so that they meet international standards. The United Nations Office on Drugs and Crime has also been providing advisory services and legislative assistance for ratifying and implementing the 12 universal instruments against terrorism. Assistance has been provided in reviewing and drafting the relevant national legislation, and training activities are being undertaken to facilitate their practical implementation.
Counter-Narcotics Activities Due to excess supply, opium prices in 2004 are 67 per cent lower than they were last year. Stable heroin prices at border crossings are likely the result of law enforcement, which has made it more difficult for traffickers to refine drugs and smuggle them across the country. Economic dependency on poppy cultivation, limited law enforcement resources, corruption and the lack of an effective institutional framework for drug control add to the complexity of the situation. Narcotics are becoming an increasing threat to national security, social stability and governmental effectiveness. The United Kingdom of Great Britain and Northern Ireland has taken the lead role in addressing this particularly difficult issue. There are three key elements involved in eliminating the poppy economy and its deleterious effect on Afghanistan’s political and reconstruction processes. First, the international community must assist the Government of Afghanistan in its interdiction efforts. If vigorously pursued, these efforts will substantively decrease the drug trade in the coming few years. Participating in interdiction will strengthen the Afghan Government’s counter-narcotics institutions. At the same time, the Government must be assisted in strengthening its institutional capacity to arrest, investigate, try and imprison serious criminal offenders. Second, local economies must be supported through the provision of licit on-farm income-generating opportunities and the establishment of larger-scale infrastructure and industrial projects to provide non-farm income opportunities. Third, the link between the disarmament, demobilization and reintegration effort and counter-narcotics activities must be addressed. Ex-combatants resisting disarmament, demobilization and reintegration continue to have significant resources and power because of the illicit drug trade, which enables them to influence government institutions, thereby overriding the existing rule of law. Dismantling
the opium economy will require, therefore, a combination of coercive measures
and the instruments of democracy, rule of law and development. National
efforts alone will not suffice. Afghanistan’s cultivation and trafficking
have ramifications for transit countries, just as habits in consumer countries
provide incentives to maintain the opium economy, with all its deleterious
effects, in Afghanistan. Therefore, additional efforts are also needed
by countries through which Afghan opiates are trafficked and places where
heroin abuse is a significant problem. Provincial
Reconstruction Teams Both ISAF and the coalition forces have planned the integration of provincial reconstruction team operations with the national priority programmes led by the Government of Afghanistan. Although there is a gap between plans and implementation, there is a commitment to ensure that the reconstruction work of the provincial reconstruction teams is carried out in agreement with Afghan authorities. There are currently 19 provincial reconstruction teams (15 coalition-forces teams in the south, south-east and west and four ISAF teams in the north). ISAF is planning the second stage of its expansion, which will cover the west of the country.
Afghanistan Security Management Team The
tedious security environment was illustrated at the end of 2004, when,
on October 28 - a few weeks after the holding of successful elections
- three UN election staff workers were abducted in broad daylight in Kabul.
They were relieased on 23 November the following month. |
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