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.

Citizens' Hope in Anti-Corruption

We wish we could say that being a citizen is enough to be taken serious. We wish we could say that Afghans believe that they are stronger than corruption. We wish we could say that corruption is decreasing. Sadly we cannot. When we go to villages, the stories that welcome us are those of abuse of power, nepotism and monopoly of resources. We are told how the nephew of a district governor got the latest PRT contract from a proposal he drafted in 30 minutes while having tea. We are told how members of parliament exchange aid projects for votes. Most discouraging of it all, we are told that there is nothing anyone can do to change the status quo.

But is the situation that gloomy or are there rays of hope? Despite feeling dis-empowered and small, most people want to have access to public services. They want to be part of the decision-making; they want to be included in their own development process. The desire is there but the space to bring change is elusive. The popular perception is that money and power are needed to be heard and few believe that their voice alone can make a difference.

Social associations, civil society, academia, youth groups and private sector, to mention a few, are actors that keep fighting for anti-corruption, that keep gathering the voices we all hear but that seldom get represented. We push for accountability, we ask for transparency and although we still struggle to be let in through the government’s doors; many more opportunities exist today than before. For the first time in Afghan history, civil society representatives are part of Afghanistan’s standing committees and the Joint Monitoring Evaluation Committee. For the first time, the Government’s Accountability and Transparency National Priority Plan got rejected. For the first time, space is being created for civil society to participate in upper level policy making.

The opportunity to change the status quo is here and although it is a steep curve and a hazardous climb, civil society and citizens alike, need to unite and get better at fighting corruption. We might lack some knowledge, some capacity but we have what others don’t. The desire to change that which harms us in our everyday life: corruption.

Gem Expectations

It is a ray of hope, an end to a long tunnel and a source of dispute. It is said that valuable things are hard to come by but worth waiting for. Our treasures are buried, at times thousands of meters underneath our very own feet, and all it takes to access them are the three M: Money, Machinery and Men. Afghanistan however does not have all of it yet. Contract after contract are being signed to generate more and more money to the state but are we strong enough to control it? To manage it? To turn every opportunity into gold rather than a curse that could follow us for centuries to come?

The problem with dreams is that we tend to expect the optimal and in a society where rumours spin into conspiracies; the realm of misunderstandings and abuse of power, information and resources, expands. When your main worry is about your next meal, it is normal that one wishes that the rich minerals underneath one’s feet will pay for the new livestock, house and life. Dreams separate from reality can however cause more harm than good as it creates an endless wish-list for all the things that one might be missing in life. Lack of transparency in the extractive industries causes clashes and misunderstandings between civil society, citizens, private sector and the government. Where no information is available, unfulfilled expectations and hopes can develop into severe mistrust.

Afghanistan is supposed to generate billions from its mines, yet the government is still very young and mining contracts are many. Citizens can play a large role in assuring that environmental and social fragments are not harmed by mining investment but the foundation of this role lies in trust, which is severely lacking. Citizens do not trust the government to be fair, just or honest. The government does not trust citizens to be knowledgeable, valuable or useful. Both say to have facts and few join hands.

The government expects to make billions out of the sector. Citizens expect schools, roads, clinics and employment but the true question is; how are these expectations going to be fulfilled if the most important actors in making this dream come true do not work as partners?