AFGHAN HIGH OFFICE OF OVERSIGHT (HOO) SEEKS U.S. GUIDANCE

UNCLAS SECTION 01 OF 02 KABUL 000026 SENSITIVE SIPDIS LONDON FOR S/SRAP STAFF E.O. 12958: N/A TAGS: PGOV KCOR KJUS EAID AF SUBJECT: AFGHAN HIGH OFFICE OF OVERSIGHT (HOO) SEEKS U.S. GUIDANCE PREPARING ANTI-CORRUPTION AGENDA FOR LONDON CONFERENCE ¶1. (SBU) In his second week as the new Deputy Director General for Policy and Oversight for the HOO, Qaseem Ludin met with Ambassador Wayne, the USAID Rule of Law Advisor and the US Embassy Rule of Law Coordinator on January 3, 2010 to discuss the HOO's current anti-corruption activities. Ludin discussed a proposed draft paper for the London conference. The paper is based on recommendations from the Afghan National Anti-Corruption Conference, along with discussions with the international community including the UK and the United States. ¶2. (SBU) According to Ludin, President Karzai does not plan to provide specific targets or objectives at the London Conference. Karzai's intent is to use the forum to refine principles and obtain general agreement on a way forward that would be further developed during the Kabul conference in the spring 2010. Ludin said he was confused about how to proceed since the British appear to want substantive decisions that he believes the GIRoA is not prepared to make in London. Ludin said that such details the British expect include the structure of the revised HOO and the number and composition of an international oversight component. Ludin suggested the British expectations are too advanced for the London discussions and do not take into account the results of the December national conference. ¶3. (SBU) According to comments from working-level staff in the British Embassy to the US Embassy Rule of Law Coordinator, the UK is seeking a substantive statement from President Karzai at the London Conference describing the Afghan policy for combating corruption. The statement should establish parameters which will then be developed at the spring conference in Kabul. ¶4. (SBU) Ludin's proposed draft paper for President Karzai includes a request for the international donor community to provide the necessary financial and technical assistance to implement the Afghan anti-corruption plan and reforms in the Kabul Conference. Ludin did not have an estimate of the amount of financial and technical assistance that would be needed. He has offered to work with the U.S. and other international donors in developing details to the Afghan proposed Anti-Corruption plan. ¶5. (SBU) Ludin's draft anti-corruption proposal for the London conference includes Afghan commitments to: A) Strengthen institutional arrangements to combat corruption by: --Increasing institutional powers, independence and capacity with the High Office as the lead agency. --Change the name of the High Office of Oversight and Anti-Corruption to the Independent High Office for Combating Corruption; --Providing investigative powers to the HOO and amending the Afghan Penal Code to impose penalties for corruption offenses; --Establishing an accountability mechanism (permissible under the current statute pending before the Parliament) to ensure the High Office has an independent budget that is insulated from external influence; --Submitting annual reports to Parliament on progress in reducing corruption; and --Ensuring civil society, the international community, and the media play an active role in overseeing the High Office's activities and anti-corruption efforts in the form of an independent and Afghan-led Accountability Board. B) Implement and effectively enforce asset declarations by public officials by: --Developing a comprehensive legal framework as part of the amendment of the law on combating corruption, including amending the Afghan penal code; and --Implementing the Asset Declaration Strategy and developing a mechanism for verifying declared assets. C) Prevent Corruption through Public Administration Reform by: --Simplifying and reforming "major" public administrative procedures and service delivery processes in an effort to: --Reducing and/or eliminating unnecessary bureaucracy and lengthy processes government service delivery mechanisms for the public; --Eliminating corruption vulnerabilities by streamlining services with fewer administrative steps that minimize opportunities to elicit bribes and where possible to eliminate cash transactions by allowing direct-deposits; --Strengthening government revenue collection capacity to increase national revenues; -- Strengthening the internal control mechanisms and internal inspections in all government agencies; and --Strengthening the ability of the Control and Audit office to assist the government in identifying systems and procedural KABUL 00000026 002 OF 002 deficiencies; and --Publicizing reports and findings on the performance of state agencies including cases of corruption. ¶6. (SBU) Ambassador Wayne and Embassy staff suggested, and Ludin agreed, that Embassy staff work with Ludin to provide some more specifics for the draft paper which would strengthen the independence of the new oversight office, its powers, and the role of inter advisor. ¶7. (SBU) Comment: If there is GIRoA commitment to the principles in the HOO draft proposal, the government would be on the right track toward meeting the minimum requirements needed to transform the HOO to an entity with appropriate oversight and accountability. The HOO Deputy Director asked for help in learning what and how to proceed in developing an independent anti-corruption infrastructure with authority to act, investigate, and prosecute. Ludin also asked for U.S. guidance in developing the action plan as well as in its implementation. He appears to understand the problems confronting the HOO and at the same time he recognizes U.S. support is needed to implement the organizations needed transformation. 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