2007 LIST AND STATUS OF LEGISLATION CONSIDERED BY

UNCLAS SECTION 01 OF 03 KABUL 000361 SIPDIS SENSITIVE SIPDIS STATE FOR SCA/FO, SCA/A, S/CRS STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG NSC FOR JWOOD OSD FOR SHIVERS CG CJTF-82, POLAD, JICCENT E.O. 12958: N/A TAGS: KDEM PGOV AF SUBJECT: 2007 LIST AND STATUS OF LEGISLATION CONSIDERED BY PARLIAMENT REF: KABUL 48 ¶1. (SBU) The second annual session of the Afghan Parliament (ended in December 2007) was politically contentious but nevertheless produced significant legislation. The Parliament sent 14 bills to President Karzai for his signature. Political strains between Parliament and the Palace were reflected in the fact that Karzai signed seven of the fifteen bills, vetoed five, and withheld action on two. Fifteen bills remain in the Upper House (Meshrano Jirga),and five remain in the Lower House (Wolesi Jirga). One bill cleared both houses but was not transmitted to the Palace before Parliament adjourned. The status of the legislation considered by the Parliament in 2007 is as follows. ¶2. Legislation Considered by Afghan Parliament in 2007 -------------- -------------- (SBU) President Karzai signed the following seven bills. - Afghan Budget for 1386 (2007-8),which outlines the 1386 budget. (The fact that the budget was passed and signed on time in 2007 represented progress over 2006, when Palace-Parliament debate delayed it for several months.) - Provincial Councils Law, which creates the legal framework for provincial councils. - Environmental Law, which establishes environmental protections. - Prisons and Detention Centers Law, which establishes regulations to govern prisons. - Military Code Governing Officers, which regulates officers in the armed services. - Advocates Law bill, which establishes a framework for legal advocacy in Afghanistan. - UN Convention Against Corruption (UNCAC),which makes Afghanistan a party to UNCAC. (SBU) President Karzai vetoed the following four bills. - Independent Constitutional Commission bill, which would establish a commission for constitutional oversight as specified by article 157 of the constitution. (Karzai considered that the commission would infringe on judicial prerogatives and opposed it to protect separation of powers. Parliamentary leaders, however, argue that Karzai's veto of this bill conflicts with Article 157 of the constitution, which calls for the establishment of an independent commission to supervise constitutional implementation.) - The Code of Justice for Crimes Committed Against Minors bill. (Karzai vetoed this bill because he disagreed with Parliament's decision to define 19 as the age of majority; Karzai preferred 18.) - The State Owned Enterprises Law bill, which governs the operation and oversight of parastatals. (Karzai vetoed this bill because of amendments suggested by Parliament, which would have unnecessarily curbed the authority of the Enterprise Evaluation Committee at the Ministry of Finance. The committee would have had to seek final approval from Parliament before implementing any parastatal liquidation plans. He may also have used his veto due to his concerns about providing state jobs to Afghans and in order to protect the Afghan government airline, Ariana.) - Law of Land Ownership bill, which regulates land ownership and leasing. (Many Afghans remain wary of laws that ease market restrictions and provide means for tax collection. Karzai may have heeded advice from free-market opponents to veto the bill.) (SBU) President Karzai received but did not act on one bill and one resolution. (According to article 94 of the constitution, any bill held by the president for more than 15 days becomes law.) - Amnesty Bill, which provides amnesty to combatants throughout the Soviet occupation, civil war, and Taliban rule of Afghanistan. (According to Parliament's legal office, it KABUL 00000361 002 OF 003 transmitted this bill to President Karzai. The Palace would not confirm that it had received the bill for signature, and we find no record of the bill in the official gazette.) - Security Resolution, which outlines failings of the Afghan government to address security challenges and suggests a series of long and short-term solutions. (The Lower House passed this resolution following hearings on executive branch performance dealing with terrorism and forwarded it to the Palace. Karzai, in effect, ignored it, signaling his rejection of parliamentary involvement in the executive branch security decisions. (SBU) President Karzai sent the Media Law bill, which establishes protections and oversight for Afghan media and publications, back to the Lower House for further consideration (Ref),thereby avoiding either a veto or it becoming law without his signature. (Parliament's legal office is treating Karzai's rejection of bill as a veto, which would require a two-thirds Lower House majority to override. Speaker Qanooni highlights how difficult it will be to muster the two-thirds vote needed to override a veto in this case. He has highlighted to the international community that he personally support media freedoms.) (SBU) The Lower House has not completed debate on the following four bills: - Transit Fee Law bill, which establishes tolls inter-city transit in Afghanistan. (The Lower House debated all but one article of this bill pending an investigation into the permissibility of fines under Sharia law.) - Structure of Government Law bill, which defines the structure of the Afghan Government. (The Lower House debated all but one article of this bill, reserving their prerogative to continue debate at a later date.) - Law governing Demonstrations and Protests bill, which defines police action towards demonstrators, and prohibits participation in protests by the armed forces of Afghanistan. (The Lower House approved all but one article of this bill, reserving the right to continue debate at a later date.) - Martyred and Disabled Law bill, which defines state aid to martyrs. (The Lower House was unable to agree on a legal definition for "martyr," a term generally used to refer to victims of Soviet or Taliban actions.) (SBU) The following 15 bills remain in the Upper House. - Three separate agreements on Prisoner Extradition and Exchange with Tajikistan, Iran, and Russia. - Forensic Medicine Law bill is being reviewed by the Upper House's Health Committee prior to general debate. - The Political Parties Law bill, which establishes the legality of political parties, is being reviewed by the Upper House Women's Committee prior to general debate. - Court Documents Fee Law bill, which establishes the cost of obtaining legal documents in Afghan courts, is being reviewed by the Upper House Judiciary Committee. - Passport Law bill, which defines who has the right to obtain a passport, is being reviewed by the Upper House Interior Committee. - Military Penal Code bill, which establishes the military penal code, has not yet been assigned to an Upper House committee for review. - National Sciences Academy Law bill, which establishes a national academy to register and review Afghan publications, has not yet been assigned to an Upper House committee for review. - Non-commissioned Officers in Military School bill, which enables non-commissioned officers to attend military academies, has not yet been assigned to an Upper House committee for review. - Legislative Cooperation Agreement Between Afghanistan and Iran, which establishes a framework for legislative, economic and cultural cooperation between Afghanistan and Iran, has not yet been assigned to an Upper House committee for review. KABUL 00000361 003 OF 003 - Quarantine Agreement with Iran, which establishes norms for transporting plants and animals across the Afghanistan-Iran border, has not yet been assigned to an Upper House Committee for review. - Mines Law bill, which creates a legal framework for the extraction of mineral resources, has not yet been assigned to an Upper House committee for review. - Labor Law bill, which regulates all labor in Afghanistan, has not yet been assigned to an Upper House committee for review. - Customs Law bill, which establishes customs fees and the penalties for smugglers. (The Lower House approved this bill, but some religiously-minded members voiced concerns that levying fines to enforce a law is against Sharia law. The Lower House sent the law to the Supreme Court, which replied that the bill does not conflict with Sharia law. The Lower House passed the bill to the Upper House, which has not yet assigned it to a committee for review.) (SBU) The Upper House amended the bill to create a police reform commission and returned it to the Lower House for further review. The Lower House Interior Committee is currently considering Upper House changes to the bill. (The two Houses will form a joint commission to negotiate a final version of the bill before transmitting it to President Karzai.) (SBU) Parliament's legal office has finished the final version of a bill regarding the sale of Afghan land to diplomatic missions. Legal office head Enaytullah Alamyar had told us he intended to transmit the bill to President Karzai after the start of the 2008 legislative session, which began on January 21, but he has not yet transmitted the bill. WOOD