Appraisal of Extended Rule of Law Project in Faryab, Afghanistan
- Utgitt: oktober 2010
- Serie: Norad rapporter: diskusjon
- Type: Norad-rapport
- Utført av: Senior Advisor Petter Bauck Norwegian Agency for Development Cooperation (Norad) in cooperation with Researcher Torunn Wimpelmann Chaudhary Researcher Orzala Ashraf Nemat Senior Researcher Arne Strand Chr. Michelsen Institute (CMI)
- Bestilt av: Norwegian Ministry of Foreign Affairs
- Land: Afghanistan
- Antall sider: 34
- Serienummer: 19/2010
- ISBN: 978-82-7548-521-0
- ISSN: --
Since the end of 2001, Norway has increased its engagement in Afghanistan4, as part of the international follow-up to the 2001 military intervention. In accordance with the Bonn Agreement, the goal of Norway’s engagement was to assist in stabilising and developing the country, and preventing Afghanistan from becoming a base for terrorist operations. Following a 2004 request from the British, the Norwegian Ministry of Foreign Affairs (MFA) engaged in a dialogue with the Ministry of Justice (MoJ) and Police and decided to allocate personnel, mainly prosecutors and judges, from the newly established Crisis Response Pool (CRP)5 to work with Afghan counterparts involved in persecuting narcotics crimes. The Norwegian legal personnel began working in Kabul in September 2005, in cooperation with the Norwegian police advisors who had arrived there for the first time in 2004 to work with the Germans at the Police Academy. Starting in late 2006, Norwegian prison advisors were also sent to Faryab province, where the Norwegian-led Provincial Reconstruction Team (PRT) is located.
After a visit to the provincial prison in Meymaneh, the police advisors reported to the Norwegian Ministry of Justice (MoJ) on the urgent need for including prison advisors in the CRP in order to improve the otherwise dire situation faced by the prisoners, in particular the female prisoners. The Norwegian authorities decided to send two prison advisors for a one-year period to work with the director and staff of the Meymaneh prison. By end of 2008, the prison advisors were the only remaining element of the CRP in Afghanistan following decision in autumn 2008 by the MFA and the MoJ to terminate the Kabul-based CRP. A separate assessment of the prison advisory project has been made in Norad report 18/2010, issued in October 2010.
During an April 2010 visit to Meymaneh and the prison, the Norwegian Minister of Justice suggested that the prison project should continue. Furthermore, the Minister also suggested that the project be linked to the establishment of a broader Crisis Response Pool (CRP), one tasked with mentoring prosecutors, defence lawyers and judges in the Faryab Province. An outline for such a project has not been developed so far.
In a follow up to these suggestions, the MFA and the MoJ agreed to conduct an appraisal of the proposed CRP in Faryab, with the goal of assessing the feasibility and the likely sustainability of the proposed project and the present levels of national and provincial coordination in the sector. Based on this report and its recommendations, the two ministries will make their final decision regarding Norway’s future engagement in the proposed establishment of a CRP in Faryab.
In an August 2010 interview, the State Secretary and the Secretary General of the Ministry of Justice clarified that an established CRP in Faryab would have to be properly adapted to the local conditions and needs, with a focus on recruiting professionals well acquainted with the cultural context and the Islamic law. In the interview, there were some expressed doubts about the ability of the current Norwegian professionals in the CRP to meet these essential qualifications. It was recognized that, in order to find personnel with the appropriate level of cultural and legal knowledge, one might have to recruit professionals from other parts of the world. This would represent a change from Norway’s CRP programmes in other countries, where as a rule only Norwegian personnel have been deployed. The State Secretary and Secretary General also stressed the security aspects of such assignments, arguing that force protection by the Norwegian PRT or some equivalent arrangement would need to be in place before establishing the Faryab CRP.