Critical pillar of Mine development

Afghanistan is set to open up its mining sector big time for foreign private investment. Time may be ripe for foreign investment to help the state generate revenues for its operations and obligations; however the current capacities of the ministry of mines remain dwarfed by bothersome margin. The Mining sector bears a huge potential for the development of Afghanistan provided it is developed well, properly inspected and audited

Afghanistan’s mining sector has been recipient of huge fund and technical assistance from the World Bank and other international donors to improve capacity at the ministry of mine. The major focus is on how to enhance tendering process and contract concession but there is so much more to mining then just that.

True Afghanistan is a baby among the mine rich countries and there is no doubt that Mr. Wahidullah Shahrani the minister of mines has initiated work for national mining policy, capacity development and five year business plan to encourage investment. Among the issues that require urgent attention are the Inspection, Audit, Labor Standards, Work Standards, and stricter Safety Standard.

Inspection of mining operation is very critical. Afghanistan has awarded about 110 small, medium and big contracts. The Qara Zaghan Gold Contract brings 26% royalty for the state which is very high rate. On paper the contract is very good but there is a need to upgrade current inspection capacity in the MoM in order to reduce the risk of manipulation of books and records as well as evasion of tax.

This can be done in different ways. The number of inspectors at the Ministry of Mines is currently insufficient and it can be easily increased. Further training will enhance existing skills. The country can ill-afford to see its mining sector develop at faster pace than the acquisition of appropriate capacity to ensure safety and Environment Standards, Labor Standards and Work Standards to name few. Good inspection capacity will ensure accurate revenue flow to the national treasury which is often quoted to be the raison d'être for opening the mining sector for private investors. If contract is not implemented and monitored as per the terms of the contract , reports not placed in public domain then the mining sector will not only fail to develop the responsible ways but it may also attract predators to invest in the sector and exploit mine in technically unprofessional manner and avoid lawful obligations. It is of immense importance that the inspection in the ministry of mine is developed adequately to measure up to its responsibility.

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Courtroom and Judges

Experts and people have two opinions and visions regarding the Courtroom and Judges in Afghanistan. First the overall procedures of the courtroom from the legitimacy point of view is observed, and secondly, based on the social effectiveness of the decisions taken by the courts.

The proceeding of the trials according to the view of the experts have been illicit, the rules of the proceedings with in term of fair judgment in the decisions have not been promising. Relationships, power, money (bribe) are the top priority and has special place as long as the decisions of the orders are concerned.

The civil and criminal files in contrast with the law have been kept for long time. Very few open trials in the courts take place due to either lack of integrity or weakness of the judges in conducting of the trials. It is tried that the trials and decisions take place in closed doors, and after the issue of the order, the finger print of the plaintiff is put on the document. Since the orders that have been taken are injustice, the cases and files are circulating in the three courts, and have been kept for unknown period.

The reflection of these illicit acts has declined the trust of the people towards the legitimacy of the trials, and that is the main reason that people solve their civil cases in the local communities.

Seeing the Numbers

One can argue that one of the most important processes a citizen can get involve in is the making of its national budget. To be able to decide where money goes, how it is being used, where the priorities are, is a powerful tool to influence resource distribution and access to public services. Access to information in Afghanistan is bureaucratic and difficult. When confronted with an information requests, many civil servants ask “why do you want to know? This information is for the government, what do you want with it?”

The role of citizens in the governance process is still not identified. Civil Servant positions are seen as prestigious and a mark of status. Although mid and high level officials might have a wider social awareness; low level civil servants, which have higher interaction with the population, see themselves as enforcers of government interests rather than servants to civilians.

The Ministry of Finance is one of the few examples where access to information is increasing and much is being done to improve budget transparency. To have access to information is however not enough. Citizens need to make use of the information available and hold institutions accountable. Budget provincial hearings are for the first time feasible and civil society organizations need to make use of this opportunity to bring more transparency into the financial management systems in Afghanistan. Citizens’ Budget Report is now available but it needs citizens and media to move that knowledge from latent to active.