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Govt Reacts To Criticism Over Amendments To Anti-Graft Law

About 10 days after civil societies and legal institutions held a press conference about irregular amendments made to the Anti-Corruption Law, the Special Anti-Corruption Secretariat responded on Sunday by saying the law has not been manipulated, but that some changes have been made. 

Civil society organizations and legal institutions said changes were brought to the Anti-Corruption Law after it was approved by cabinet earlier this year and that this “amended” law has been published in the official gazette. 

According to these organizations, in the law that was approved by cabinet, it was said that a 13-member selection committee from government and non-government departments has the authority to appoint members of the independent anti-corruption commission. But in the published version, only the head of the Supreme Court, the Attorney General and the head of the Independent Administration Reform and Civil Services Commission have been mentioned as members of the selection committee.

The Special Anti-Corruption Secretariat, which falls under the Administrative Office of the President, said amendments to the law have been made in a bid to prevent interference in counter-corruption efforts. 

“The international community’s recommendations were sent to us and government and they asked us to consider their suggestions. One of the international community’s suggestions was that the selection committee suggested by civil society was easy to interfere with and there was the possibility that the members (commissioners) appointed might not have any experience in fighting corruption or would not have enough experience or that it would create other problems,” Yama Turabi, director of the Special Secretariat for Anti-Corruption said. 

Responding to concerns about the amendment, the Special Secretariat for Anti-Corruption said the changes brought to the law will not affect the independency of the commission. 

“In the law it has been mentioned as a principle that they (members of the commission) should not be dismissed, it guarantees that no official can interfere in their work and cannot make any demands,” said Mohammad Haroon Motasam, head of legal department at the Administrative Office of the President. 

Integrity Watch Afghanistan (IWA) meanwhile said the Anti-Corruption Law has been changed and that the issue cannot be ignored.  

“With these two changes, which gives the president open cards to appoint and dismiss commissioners, the Anti-Corruption Law has been completely manipulated,” Nasir Timori, a researcher at IWA said.

The Anti-Corruption Law was approved by the cabinet this year and was published about 10 days ago. 

It was after publication that civil society and legal institutions also said item 13th of Article 18 of the law, which is about the duties and authorities of the anti-corruption commission, has been removed in the printed law while it was approved by cabinet. Theorganizations also said a few other articles have been added to the law. 

Govt Reacts To Criticism Over Amendments To Anti-Graft Law

Government rejected claims that it has manipulated the law after it was approved by cabinet but said amendments were made.

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About 10 days after civil societies and legal institutions held a press conference about irregular amendments made to the Anti-Corruption Law, the Special Anti-Corruption Secretariat responded on Sunday by saying the law has not been manipulated, but that some changes have been made. 

Civil society organizations and legal institutions said changes were brought to the Anti-Corruption Law after it was approved by cabinet earlier this year and that this “amended” law has been published in the official gazette. 

According to these organizations, in the law that was approved by cabinet, it was said that a 13-member selection committee from government and non-government departments has the authority to appoint members of the independent anti-corruption commission. But in the published version, only the head of the Supreme Court, the Attorney General and the head of the Independent Administration Reform and Civil Services Commission have been mentioned as members of the selection committee.

The Special Anti-Corruption Secretariat, which falls under the Administrative Office of the President, said amendments to the law have been made in a bid to prevent interference in counter-corruption efforts. 

“The international community’s recommendations were sent to us and government and they asked us to consider their suggestions. One of the international community’s suggestions was that the selection committee suggested by civil society was easy to interfere with and there was the possibility that the members (commissioners) appointed might not have any experience in fighting corruption or would not have enough experience or that it would create other problems,” Yama Turabi, director of the Special Secretariat for Anti-Corruption said. 

Responding to concerns about the amendment, the Special Secretariat for Anti-Corruption said the changes brought to the law will not affect the independency of the commission. 

“In the law it has been mentioned as a principle that they (members of the commission) should not be dismissed, it guarantees that no official can interfere in their work and cannot make any demands,” said Mohammad Haroon Motasam, head of legal department at the Administrative Office of the President. 

Integrity Watch Afghanistan (IWA) meanwhile said the Anti-Corruption Law has been changed and that the issue cannot be ignored.  

“With these two changes, which gives the president open cards to appoint and dismiss commissioners, the Anti-Corruption Law has been completely manipulated,” Nasir Timori, a researcher at IWA said.

The Anti-Corruption Law was approved by the cabinet this year and was published about 10 days ago. 

It was after publication that civil society and legal institutions also said item 13th of Article 18 of the law, which is about the duties and authorities of the anti-corruption commission, has been removed in the printed law while it was approved by cabinet. Theorganizations also said a few other articles have been added to the law. 

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