1

Monitoring Report: Twelfth Sessions of

Sixteenth Legislative Period of Wolesi

Jirga

September 6, 2016 to January 19, 2017

2

Acknowledgement

Preparation and completion of this six-month parliamentary monitoring report is a remarkable

achievement of FEFA’s parliamentary monitoring team toward increasing the level transparency

and accountability of parliament. I express my gratitude and appreciations to my colleagues in

parliamentary monitoring team and all those who helped us in preparation of this report.

Undoubtedly, preparing this report would not have been possible without the cooperation and

collaboration of the National Assembly (Wolesi Jirga). Therefore, FEFA express its gratitude and

appreciation to Wolesi Jirga and its respected members for their professional behavior with

FEFA’s monitors and supporting FEFA inside and outside the National Assembly.

Mohammad Yousuf Rasheed

Executive Director of FEFA

3

Contents Acknowledgement .......................................................................................................................... 2

Introduction .................................................................................................................................... 5

Executive Summary (Findings and Recommendations)................................................................ 6

1. Separation of Plenary Sessions ........................................................................................... 6

2. Role of legislation in parliament ........................................................................................ 6

3. Supervision Role in Plenary Sessions .................................................................................... 7

4. Recommendations ................................................................................................................. 8

Parliamentary Performance of Wolesi Jirga ..................................................................................... 9

1. Legislation ............................................................................................................................. 11

1.1 Introduced Draft-Laws ....................................................................................................... 12

1.2 Rejected draft-laws ....................................................................................................... 13

1.2. Underwork draft-law 13

1.3. International treaties 13

1.4. Rejected treaties 14

2. Oversight the Performance of Government ............................................................................. 15

1.2. Hearing Sessions ................................................................................................................ 15

2.2. Questionings Sessions ....................................................................................................... 18

2.3. Interpellation Sessions ...................................................................................................... 21

3. Representing people ................................................................................................................. 22

3. Issues discussed in privilege time ........................................................................................ 22

4

3.4 Reviewing complaints and handling public problems ...................................................... 23

4. Committees .............................................................................................................................. 23

5. Violation of the Internal Rules of Procedure ...................................................................... 24

5

Introduction

FEFA started its parliamentary monitoring program on January 2012. FEFA took

the parliamentary monitoring initiative for the first time in the history of Afghanistan

which had three objectives: 1-Making sure laws are made transparently and

parliament oversee the performance of government well, 2- Increasing public

awareness from activities of parliament and strengthening relationship between

parliament and civil society. FEFA monitors the sessions of Wolesi Jirga based on

the universal declaration on Open Parliament and the enforced laws of Afghanistan

to inform citizens from the activities of parliament and make sure the legislation

process take place transparently based on the national interest of the country.

This six-month monitoring report include the activities of Wolesi Jirga from

beginning of the 12th legislative sessions of sixteenth legislative period until its end

(September 6, 2016 to January 19, 2017). This report include FEFA’s findings from

the plenary and committee sessions (The committees monitored by FEFA) of Wolesi

Jirga. This report briefly point out the activities of Wolesi Jirga including legislation,

overseeing the performance of government and representing people. This report

covers the cases of violation of internal rules of procedure of Wolesi Jirga Jirga in

plenary and committee sessions as well.

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Executive Summary (Findings and Recommendations)

1. Separation of Plenary Sessions

Wolesi Jirga totally held 52 sessions including 1 extraordinary session, 3 secrete sessions, 9 questioning sessions, 11 hearing sessions, 5 interpellation sessions and 23 regular sessions in 12th sessions of sixth legislative years.

2. Role of legislation in parliament

Legislation is a main legal duty of Wolesi Jirga of the National Assembly of Afghanistan. Totally,

15 draft-laws and 21 international treaties were sent to Wolesi Jirga for approval in the 12th

sessions of the 6th legislative year. Among these documents 1 legislative decree and 1 international

treaty were rejected by the house and the rest of drafts and international treaties were approved.

Wolesi Jirga received draft-laws from government to approve them. The draft-laws initiated by

the government must pass several stages and get confirmed from the relevant body, ministers’

council, Ministry of Justice, Wolesi Jirga, Meshrano Jirga and the president to become a law but

legislative decrees issue by the president is a written instructions of the president which get publish

in official gazette without passing those stages. Likewise, According to article 97 of the

constitution, 10 members of each house of the National Assembly can recommend proposal for

approval. Totally, 67% of the draft-laws were initiated and introduced by the government to

Wolesi Jirga.

66%

21%

7%2%2% 2%

انواع جلسات عمومی در اجالس یازدهم سال ششم

جلسات عادی

جلسات استجوابی

جلسات استماعی

جلسات استیضاحی

جلسات افتتاحیه

جلسات فوق العاده

67%

13%

20%

مراجع فرستنده قوانین

از جانب حکومت

فرمان تفنینی

طرح پیشنهادی اعضای ولسی جرگه

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3. Supervision Role in Plenary Sessions

Based on article 127 of the Constitution, Wolesi Jirga oversee the performance of government.

Wolesi Jirga oversee the performance of government through questioning, hearing and

interpellation sessions. In twelfth sessions of sixth legislative year, Wolesi Jirga held 9 hearing

sessions. Different issues including insecurity, Brussels Conference on Afghanistan, vacant

positions in ministries, the situation of narcotic addicts, increment of price of petroleum, publicity

against government and pollution were discussed in these sessions. 28% of the respective state

officials who were summoned to present information in these sessions, managed to satisfy

members of Wolesi Jirga through presenting logical reasons. However, 27% of them were unable

to satisfy members of the house. It is worth mentioning that 18% of these sessions were announced

secret.

The respective officials could

satisfy 54% of MPs in these

sessions. Those officials who

couldn’t satisfy MPs were invited

to the second hearing session of

interpellation. The state officials

who were unable to satisfy

members of the house were

summoned to another

questioning session or were

impeached.

Through hearing sessions the government officials present their working reports to MPs and if the

MPs are not satisfied with the replies or performance of government officials, they can summon

them to questioning or interpellation sessions. Likewise, Wolesi Jirga held 11 hearing sessions

28%

27%18%

27%

نتایج نشست های استجوابیه اجالس دازدهم

قناعت حاصل شد

قناعت حاصل نشد

جلسه سری شد

دمسوولین حاضر نگردیدن

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including 3 sessions to hear the provincial reports and 1 session to hear from the Minister of

Finance about Brussels Conference on Afghanistan.

Based on article 91 of the Constitution, Wolesi Jirga can make decision to impeach every

minister. Similarly, based on article 99th of the Internal Rules of Procedure of Wolesi Jirga upon

a proposal of twenty percent of its Members, the House may decide that an inquiry on a

Minister be initiated. Wolesi Jirga held 5 interpellation session in twelfth sessions of sixth

legislative year and summoned 16 ministers due to their inability in spending more than 70% of

their ministerial budget. 9 of the summoned ministers managed to satisfy members of Wolesi Jirga

and remain in office but 7 others were unable to satisfy member of the house therefore they were

disqualified by the house.

4. Recommendations

1- Considering the efficient and important role of the National Assembly in the structure of state,

its main duties are legislation and oversight the performance of government. So, Wolesi Jirga must

develop clear mechanisms on overseeing the performance of government and track the

performance of government executive officials accordingly.

2- FEFA’s monitoring findings indicate that MPs discuss very important national issues in

privilege time but these issues are not followed up then. FEFA recommend the administrative of

board of Wolesi Jirga to follow up the issues mention by senators in privilege time and take

practical steps to solve the problems/challenges mention by senators during the privilege time.

3- Based on the constitution, Wolesi Jirga oversight the implementation of government’s program.

Therefore, Wolesi Jirga is recommended to study about the infrastructures of Afghanistan which

are divided into 8 sectors and then propose proposals for their development.

4- FEFA’s monitoring findings indicate that the internal rules of procedure of Wolesi Jirga has

been violated many times by MPs. If Wolesi Jirga does not take any action to prevent violation of

the internal rules of Wolesi Jirga. FEFA convince Wolesi Jirga to make serious efforts to prevent

violation of the internal rules of procedure.

5- Articles 90 and 91 of the Afghan constitution has delegated specified and clear authorities to

the National Assembly of Afghanistan. The National Assembly of Afghanistan must use its legal

authorities for development and prosperity of Afghanistan. In case, the National Assembly note

any improper or weak performance of government, it must make resolute decision in this regard.

6- The principle of representing people obligate MPs to have contact with their

constituents/citizens. As seen, all MPs have public relation offices in Kabul and meet people in

their offices or houses. However, MPs who represent provinces in Wolesi Jirga do not have

regional public relation offices in their provinces. Therefore, the National Assembly is

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recommended to obligate MPs open their regional public relation offices at their provinces to keep

contact with their constituents.

7- FEFA’s monitoring findings indicate that some MPs go abroad to unofficial trips during

parliaments’ summer and winter recess and don’t have time for handling their constituents’

problems. Wolesi Jirga must amend its internal rules of procedure in a way to force MPs go their

provinces during summer and winter recesses and handle their constituents and province’s

problems. FEFA appreciate the MPs who go to their provinces during parliament’s summer and

winter recesses and handle their constituents/province problems.

8- Parliament TV covers only plenary sessions of Wolesi Jirga. FEFA recommend the parliament

TV to cover the committee sessions as well.

9- Based on internal rules of procedure, the plenary sessions must review the draft laws within 30

days and committees within 20 days. The committees are recommended to set their agendas in a

way to review the draft laws within the period mentioned in the internal rules of procedure.

10- The social support draft-law hasn’t been signed by the president yet. However, the constitution

state that in case the President does not agree to what the National Assembly approves, he can send

the document back with justifiable reasons to the Wolesi Jirga within fifteen days of its submission

and if he doesn’t do so within the mentioned period the document is considered endorsed.

However, the destiny of the social support draft-law is not clear. FEFA convince the National

Assembly of Afghanistan to take the necessary measures for endorsement of the documents after

the mentioned period.

11- The administrative board of Wolesi Jirga is responsible to release the list of absent MPs in

plenary sessions and make decision about long-term or permanent absent MPs. FEFA recommend

the house to make decision about absent MPs based on articles 121 and 73 of the internal rules of

procedure of Wolesi Jirga. Based on the internal rules of procedure, list of absent MPs is released

through parliament website and their monthly salary is deducted.

Parliamentary Performance of Wolesi Jirga

The National Assembly is very important in democratic systems. Based on article 81 of the

Constitution, the National Assembly of the Islamic Republic of Afghanistan as the highest

legislative organ is the manifestation of the well of its people and represents the whole nation.

Given this article, parliament has the duty of legislation, representing people, overseeing

performance of government and discussing important matters. Wolesi Jirga held 52 plenary

sessions including inauguration session, hearing sessions, questioning sessions, extraordinary

sessions, joint session and regular sessions in 12th sessions. The council of chairs set the agenda of

plenary sessions of Wolesi Jirga.

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Based on articles 119 and 123 of internal rules of procedure of Wolesi Jirga, members of Wolesi

Jirga are obliged to regularly attend the sessions and represent their constituents. In case, the

members make absentee in plenary sessions, their salary must be deducted. The monitoring

findings indicate that the percentage of MPs presence in sessions was 54 with 46% absentee.

The graph below indicate the percentage of quorum in plenary sessions over the past six months

Month Number of

plenary sessions

Regular session

s

Questioning

Sessions

Hearing sessions

Inauguration

sessions

Secret sessions

Hearing sessions

Extraordinary

sessions

August 2016

3 0 0 0 0 1 2 0

September 2016

11 5 3 0 0 2 0 1

October 2016

14 7 1 5 0 0 1 0

November 2016

12 5 5 0 0 0 2 0

December 2016

12 6 0 0 0 0 6 0

Total 52 23 9 5 0 3 11 1

0

50

100

150

200

250

17

ه نبل

س27

ه نبل

س31

ه نبل

س3

ن زا

می5

ن زا

می6

ن زا

می7

ن زا

می 10

ن زا

می11

ن زا

می12

ن زا

می14

ن زا

می19

ن زا

می24

ن زا

می26

ن زا

می27

ن زا

می1

ب رعق5

ب رعق8

ب رعق10

ب رعق12

ب رعق17

ب رعق19

ب رعق22

ب رعق23

ب رعق24

ب رعق25

ب رعق26

ب رعق29

ب رعق

1س

قو3

س قو6

س قو8

س قو 10

س قو13

س قو15

س قو17

س قو20

س قو24

س قو27

س قو29

س قو

1ی

جد4

ی جد

6ی

جد8

ی جد11

ی جد13

ی جد

15

ی جد

18

ی جد

22

ی جد

25

ی جد

27

یجد

29

ی جد

نصاب جلسات عمومی ولسی جرگه

حاضر غیر حاضر

46%54%

اوسط حاضری اجالس دوازدهم(جلسات عمومی)

حاضر غیر حاضر

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FEFA’s monitoring findings from the 12th sessions of sixth legislative year show that the quorum

was different in questioning, hearing, interpellation and regular sessions which indicate the value

of these sessions to MPs.

1. Legislation

Legislation is a legal and one of the three main duties of Wolesi Jirga of National Assembly of

Afghanistan. MPs are assigned to make laws based on need of people and society. Every country

has its own method of legislation. Similarly, legislation is very different in Afghanistan.

The Afghan Constitution states that every member of the National Assembly takes into judgment

the general welfare and supreme interests of all people of Afghanistan at the time of casting their

vote. Given the provision of Constitution, legislation is considered the main duty of parliament.

MPs make and discuss the laws based on national interest. Wolesi Jirga managed to approve many

important draft-laws within this legislative period.

Approval of draft-laws and oversight the performance of government were two positive

developments made the house within this 12th sessions. Wolesi Jirga managed to chase budget

expenditure by ministries well and impeach the ministers who were unable to spend more than

70% their ministerial budget in 1395 (solar year) fiscal year. Likewise, from 36 introduced draft-

laws and treaties, the house approved 34 of them and only rejected one draft-law and one treaty.

37

63

نصاب در جلسات عمومی استماعیه

حاضر

غیر حاضر

85

15

هنصاب در جلسات عمومی استیضاحی

حاضر

غیر حاضر

48

52

نصاب در جلسات عمومی عادی

حاضر

غیر حاضر

40%

60%

هنصاب در جلسات عمومی استجوابی

حاضر

غیر حاضر

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1.1 Introduced Draft-Laws

All three branches of state can draft laws but there are specified condition on drafting law for every

branch. According to article 97 of Constitution1, government can present the draft-law to

parliament. Likewise, first paragraph of article 77th of internal rule of procedure of Wolesi Jirga

states that The Government may introduce a bill, on its own behalf signed by the Minister

concerned or, in the area of matters concerning the judiciary, on behalf of the Supreme Court

signed by the Minister of Justice. The Representative of the State for Parliamentary Affairs shall

submit a statement to the House of People explaining the reason for its introduction. Similarly,

based on article 95 of Constitution, the Supreme Court can also draft laws on judicial affairs and

send to National Assembly through government.

Totally 36 legislative documents including legislative decrees, international treaties and draft-laws

were submitted to Wolesi Jirga for approval within this sessions.

1.2. Introduced Draft-Laws

Based on article 97th of the constitution, Proposals for promulgation of law initiated by the

government are submitted first to the Wolesi Jirga. Wolesi Jirga has the authority to approve, reject

or amend the proposal.

Below is the list of draft-laws approved by Wolesi Jirga within this legislative sessions

No# Document name Date

1 The proposal on amendment of the law on value added tax 10/19/2016

2 The proposal in amendment of the law on income tax 10/19/2016

3 The proposal on principle of commercial courts 10/29/2016

4 The draft-law on protecting domestic industries 10/29/2016

5 2015 Qatia report 10/11/2016

6 The proposal on amendment of the internal rules of procedure of Wolesi

Jirga

10/11/2016

7 The draft-law on banning women and children harassment 10/11/2016

8 The law on supporting the rights of inventor and researcher 11/20/2016

9 The law on documentation 11/15/2016

10 The draft-law on supporting the informers of corruption and other crimes 1/1/2016

11 MPs proposal on usage of the term martyr for the security soldiers 17/1/2016

12 The law on supporting the competition 1/15/2016

1 Proposals for promulgation of law initiated by the government are submitted first to the Wolesi

Jirga.

13

13 National budget for the 1396 (solar year) fiscal year 1/17/2016

1.2 Rejected draft-laws

During the 12th sessions, the presidential decree number 104 about the suspension of some articles

of the law on investment was rejected by the house. The reason of its rejection was lack of authority

of Wolesi Jirga in suspending laws. Based on the Constitution, Wolesi Jirga can make, approve,

reject or amend the laws but it can’t suspend any law.

No# Name Rejection date

1 Presidential decree number 104 about suspension of some articles of the law on private investment

1/8/2016

1.2. Underwork draft-law

The draft-law on anti-narcotics was included in the agenda of the house recently but due to

disagreement about some of its articles it was referred again to the standing committee (The

committee on Health & Anti-Narcotics) to amend the controversial articles of this draft-law.

No# Name

1 The draft-law on Anti-Narcotics

1.3. International treaties

Treaty is an international agreement which is signed between countries or international

organizations. Within the 12th sessions, Wolesi Jirga approved the following treaties:

No# Treaties Date

1 Madrid protocol on registration of international symbols 9/26/2016

2 Agreement on statute of Veterinary Committee of ECCO Organization 10/15/2016

3 Statute of SAARC agreement on energy 10/15/2016

4 Tripartite transit agreement between Afghanistan, Turkmenistan and

Pakistan

10/17/2016

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5 Paris Convention 10/29/2016

6 Singapore treaty 10/29/2016

7 Chabahar transit agreement (Afghanistan, India and Iran) 10/31/2016

8 Treaty between Afghanistan and Croatia 10/31/2016

9 Agreement on commercial facilities 11/7/2016

10 Mena Mata convention 11/7/2016

11 Cooperation treaty between Ministry of Foreign Affairs of Afghanistan

and Tajikistan

11/19/2016

12 Morocco treaty on paving the ground for access of blind people to

printings literatures

11/21/2016

13 Paris agreement on climate change 12/14/2016

14 Agreement on establishment of political agency of Afghanistan in

Greece

12/14/2016

15 Agreement between Afghanistan and Italy 1/2/2017

16 Agreement on purchase of electricity from Turkmenistan 1/14/2017

17 Agreement on extradition of criminals between Afghanistan and

Tajikistan

1/11/2017

18 Agreement on extradition of criminals between Afghanistan and

Tajikistan

1/14/2017

19

Statute of Islamic Council of civil aviation

16/1/2017

20 Agreement on immunity and privilege cooperation of Islamic countries 16/1/2017

1.4. Rejected treaties

Wolesi Jirga rejected the cooperation treaty between the government of Afghanistan and

government of Sweden regarding deportation of Afghanistan asylum seekers from Sweden stating

that the agreement is against all international conventions on refugees and asylum seekers.

Abdul Qayum Sajjadi a member of the Committee on International Affairs of Wolesi Jirga stated

that an article of the agreement state that the government of Afghanistan obligated to pave the

ground for accepting the deported asylum seekers from Sweden. He added that usage of the term

“obligation” is against voluntary repatriation of asylum seekers/refugees. Therefore, Wolesi Jirga

rejected this agreement.

No# International Treaty Rejection date

1 Cooperation treaty between the government of Afghanistan and government of Sweden on refugees repatriation

11/30/2016

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2. Oversight the Performance of Government

Based on article 127 of the Constitution, Wolesi Jirga oversee the performance of government.

Wolesi Jirga oversight the performance of government through questioning, hearing or

impeachment of government officials. Wolesi Jirga give vote of confidence to members of cabinet,

members of Supreme Court, Attorney General, chairperson of Afghanistan Central Bank and

member of the Independent Commission on Overseeing the Implementation of Constitution. The

ones who receive vote of confidence from Wolesi Jirga are accountable to members of Wolesi

Jirga.

1.2. Hearing Sessions

According to internal rules of procedure of Wolesi Jirga, activity reports are presented in hearing

sessions. The respective officials have to report their challenges and problems to members of

Wolesi Jirga. Respective officials only present their working reports in these sessions and in case

MPs are not satisfied with the reports, then the officials are questioned or impeached. Wolesi Jirga

held 11 hearing sessions within this legislative period. Below is the tables of these sessions.

No# Official Entity Subject of Hearing Date

1 MPs Wolesi Jirga Provincial reports 9/17/2016

2 MPs Wolesi Jirga Provincial reports 9/31/2016

3 Eklil Hakimi,

Minister of Finance

Ministry of Finance About Brussels

Conference

10/22/2016

4 Members of the

Committee on

Judicial & Justice

The Committee on

Judicial & Justice

About super-scale

salaries and privileges

12/5/2016

5 Abdullah Habibi,

Minister of Defense

Ghafoor Lewal,

Deputy Minister of

Borders

Mohammad Hamid

Tahmasi, Deputy

Minister of Interior

Affairs

ministry of Defense,

acting ministry of

border, ministry of

Interior Affairs, and

ministry of

Refugees

About their performances 12/19/2016

16

Sayed Hussain

Alemi Balkhi,

Minister of Refugees

6 ,Sayed Mansoor

Naderi, Minister of

Urban Development

Ali Ahmad Osmani,

Minister of Water %

Energy

Ahmad Wali

Sherzai, Deputy

Minister of Public

Welfare

Sayed Mohammad

Hashemi, Deputy

Minister of Justice

Ministry of Urban

Development,

Ministry Water &

Energy, Ministry

and Ministry of

Justice

About their working

achievements and their

future working plans

12/10/2016

7 Eklil Hakimi,

Minister of Finance

Abdul Sattar Murad,

Minister of

Economy

Hamayoun Rasa,

Minister of

Commerce

Ahmad Shah Salehi,

Deputy Minister of

Labor

Ministry of Finance,

Ministry of

Commerce,

Ministry of Foreign

Affairs and Ministry

of Labor

About their performance

and future plans

12/24/2016

8 Faiz Mohammad

Osmani, Minister of

Hadj

Nasir Ahmad

Durrani, Minister

Rural Rehabilitation

Ministry of Hadj,

Ministry of Rural

Rehabilitation,

Ministry of Women

Affairs, Ministry of

Higher Education,

Ministry of

Information &

About their performance

and future plans

12/26/2016

17

Delbar Nazari,

Minister of Women

Affairs

Pari Seddiqi, deputy

minister of Higher

Education

Sayed Kamal,

Acting Minister of

Information &

Culture

Asadullah Mohaqeq,

Deputy Minister of

Education

Culture, and

Ministry of

Education

9 Salamat Azimi,

Minister of Anti-

Narcotics

Wahab Saddat,

Deputy Minister of

Telecommunication

Mr. Hashemi,

Deputy Minister of

Justice

Najia Tareq, deputy

minister of Public

Health

Mir Amanuddin

Haidari, deputy

minister of

agriculture

Ministry of Anti-

Narcotics, Ministry

of

Telecommunication,

Ministry of Justice,

Ministry of Public

Health, Ministry of

Agriculture

About their performance

and future plans

12/18/2016

10 Mir Ahmad Jawid

Saddat, Deputy

Minister of Mines

Ministry of Mines About their performance

and future plans

12/31/2016

11 MPs Wolesi Jirga Presenting report about

performance of Wolesi

Jirga

1/8/2016

18

2.2. Questionings Sessions

According to internal rules of procedure of the house, questioning sessions are the sessions

where questions are orally or in written asked for the respective officials. According to article 93

of Constitution, Any commission of both Houses of the National Assembly can question each of

the Ministers about specific topics.

Article 77th of Afghan Constitution state that The Ministers are responsible to the President and

the Wolesi Jirga for their particular duties. Oversight the performance of government begin with

notification and then reach to interpellation.

First, MPs notify the government officials, secondly, they summon the officials to hearing

sessions.

Wolesi Jirga held 9 questioning sessions within this legislative period. Below is the list of these

sessions.

No# Questioned person

Entity Reason Date Result

1 Members of the

Independent

Commission on

Overseeing the

Implementation

of Constitution

The

Independent

Commission on

Overseeing the

Implementation

of Constitution

The

Commission

has allowed

the president

to issue a

presidential

decree on

electoral

affairs

9/24/2016 The commission

cited articles 91,

93 and 103 of the

constitution and

said that Wolesi

Jirga has not the

authority of

summoning

members of the

Independent

Commission on

Overseeing the

Implementation

of Constitution

2 Salahuddin

Rabbani, Minister

of Foreign Affairs

Sayed Hussain

Alemi Balkhi,

Minister of

Refugees

Ministry of

Foreign Affairs

and ministry of

Refugees

Brussels

Conference

and Situation

of refugees

9/28/2016 Members of the

house satisfied

after hearing the

minister’s

remarks

19

3 Nasrin Oriakhil,

Minister of Labor

& social Affairs

Sayed

Hamidullah,

Acting Minister

of Education

Ahmad Jan

Naeem, Deputy

Minister of Public

Health

Ahmad Masoud

Tokhi, director of

civil services

Ministry of

Labor, Ministry

of Education,

Ministry of

Public Health,

the

Independent

Civil Services

Commission

Vacant

positions in

the ministries

10/1/2016 The remarks of

summoned

officials satisfied

members of the

house

4 -

Salamat Azimi,

Minister of Anti-

Narcotic

Ferozuddin

Feroz, Minister of

Public Health

Baz Mohammad

Ahmadi, deputy

Minister of

Interior Affairs on

Anti-Narcotics

Affairs

ministry of

Anti-Narcotics,

ministry of

Public Health

and Ministry of

Interior Affairs

Drug addicts 10/3/2016 The ministers

didn’t attend this

meeting and

instead sent their

deputies but the

house didn’t

receive them and

decided to

summon the

ministers in next

session.

5 Mohammad

Qurban Haqjo,

Deputy Minister

of Commerce

ministry of

Commerce &

Industries

High price of

petroleum

11/26/2016 He wasn’t able to

satisfy members

of the house then

the house decided

to summon

minister in its next

session

20

6

Wais Barmak,

state minister in

Natural Disasters

Affairs

Emergency

Committee

Public

problems in

cold

11/28/2016 The house urged

him to share all

his plans with

members of the

house

7 Faiz Mohammad

Osmani, Minister

of Hadj &

Religious Affairs

Bari Sediqqi,

Deputy Minister

of Higher

Education

Sayed Kamal,

Acting Minister

of Information &

Culture

ministry of

Hadj &

Religious

Affairs,

Minister of

Higher

Education,

Minister of

Information &

Culture

Negative

publicities

against

government

and the

method of

teaching

Islamic

subjects in

schools and

universities

12/3/2016 The remarks

deliver by the

officials satisfied

members of the

house

8 Hamayoun Rasa,

Minister of

Commerce

Shazada Masoud,

director of the

Natural

Environment

Committee

Abdullah

Habibzai, Kabul

acting mayor

ministry of

Commerce &

Industries,

Natural

Environment

Committee,

Kabul

Municipality

Air pollution

and garbage in

Kabul

11/27/2016 The summoned

officials didn’t

appear in the

session and

instead sent their

deputies but

members of the

house didn’t allow

them to speak and

decide to summon

the mentioned

officials in their

next session

21

9 Hamayoun Rasa,

Minister of

Commerce

Shazada Masoud,

director of the

Natural

Environment

Committee

Abdullah

Habibzai, Kabul

acting mayor

ministry of

Commerce &

Industries,

Natural

Environment

Committee,

Kabul

Municipality

Air pollution

and garbage

problems in

Kabul

12/7/2016 The remarks

deliver by the

officials couldn’t

satisfy members

of the house

2.3. Interpellation Sessions

Based on article 91st of the Constitution, Wolesi Jirga can impeach each of the Ministers.2

Likewise, according to article 92nd of the Constitution, Wolesi Jirga, based on a proposal by one

-tenth of all members, can impeach each of the Ministers. If the responses given are not

satisfactory, Wolesi Jirga shall consider the issue of vote of no confidence. According to article

99th of the internal rules of procedure, based on proposal of 50 MPs the house can impeach each

of the ministers. The proposal of interpellation is presented to speaker of the house and included

in agenda by council of chairs. Wolesi Jirga held 5 interpellation sessions within this legislative

sessions and summoned the cabinet ministers due to their inability in spending more than 70% of

their ministerial budget. The chart below indicate the details of these sessions:

No# Name Ministry Date Quorum Vote of confidence

Vote of no confidence

Blank vote

Invalid vote

Result

1 Nasrin Oryakhil Labor & Social Affairs

11/12/2016 207 56 144 5 2 Disqualified

2 Salahuddin Rabbani

Foreign Affairs 11/12/2016 207 58 140 6 3 Disqualified

3 Mahmood Baligh Public Welfare 11/12/2016 207 33 164 6 2 Disqualified 4 Eklil Hakimi Finance 11/13/2016 204 85 112 5 3 Not

disqualified

2 Deciding on interpellation of each of the ministers in accordance with the provisions of article 92

of this constitution.

22

5 Mohammadullah Batach

Transportation 11/13/2016 204 51 142 6 5 Disqualified

6 Asadullah Balkhi Education 11/13/2016 204 68 131 3 2 Disqualified 7 Farida Momand Higher Education 11/14/2016 202 62 131 3 4 Disqualified 8 Ab. Basir Anwar Justice 11/14/2016 202 95 101 1 4 Not

disqualified 9 S.Sahadat Naderi Urban Development 11/14/2016 202 135 59 2 5 Not

disqualified 10 Asadullah Zamir Agriculture 11/15/2016 201 131 62 4 4 Not

disqualified 11 Ab. Razaq

Wahedi Telecommunication 11/15/2016 201 49 147 2 2 Disqualified

12 Ali Ah Osmani Water & Energy 11/15/2016 201 115 60 3 23 Not disqualified

13 Salamat Azimi Anti-Narcotics 11/15/2016 201 71 114 6 9 Not disqualified

14 Ferozuddin Feroz Public Health 11/16/2016 201 170 28 2 1 Not disqualified

15 Abdul Sattar Murad

Economy 11/15/2016 201 114 81 4 2 Not disqualified

16 Sayed Hussain Alemi

Refugees 11/15/2016 201 105 90 3 3 Not disqualified

3. Representing people

3. Issues discussed in privilege time

According to article 97th of the internal rules of procedure of Wolesi Jirga, the first one hour of

session before starting the agenda is privileged time and every member of the house can talk about

their plans, views, and important issues. The issues they raise are then referred to the standing

committees of Wolesi Jirga for handling/review or follow up. Based on FEFA’s monitoring

findings, the MPs have raised 302 issues, incidents, problems and political, economic, social and

cultural issues and presented their solutions. The chart below indicate average of MPs discussion

in privileged time.

23

58% of MPs focus was on representing people and oversight the performance of government.

However, 40% of them focused on representing people and 2% on legislation.

3.4 Reviewing complaints and handling public problems

Chapter 21st of the internal rules of procedure of Wolesi Jirga is allocated to people’s complaints

and petitions. According to article 112th of internal rules of procedure, the Committee on

Complaints and Petitions of Wolesi Jirga refer the complaints and petitions to the relevant

institutions within the framework of enforced laws of the country. Likewise, according to article

113th of the internal rules of procedure, the complaints are directly referred to relevant ministries

and administrations.

FEFA has monitored 12 sessions of the Committee on Complaints and Petitions of Wolesi Jirga

within this legislative period. Within these 12 sessions, 27 complaints were reviewed and majority

of them were referred to the relevant institutions for handling.

4. Committees

The standing committees of Wolesi Jirga act as powerful arms of this body and execute a lot of

tasks. The committees hold sessions on different issues. The committees hold regular, questioning,

hearing, extraordinary, joint, and mixed and consultative sessions. The committees also meet

people, foreign officials and visit government and non-government organizations in Kabul and

2%

58%

40%

تمرکز بحث های آزاد در اجالس دوازدهم ولسی جرگه

قانون گذاری

نظارت بر عملکرد حکومت

نمایندگی از مردم

24

provides. The committees of Wolesi Jirga handled people’s complaints and appreciated

government officials within the past several months. FEFA monitors the activities of 5 committees

of Wolesi Jirga. These committees are: The Committee on Human Rights and Women Affairs,

The Committee on Telecommunication and Transportation, The Committee on Urban

Development, The Committee on Water, Electricity and Municipalities Affairs, The Committee

on Health, Anti-Narcotics, The Committee on Central Audit and the Committee on Complaints

and Petitions.

The committees monitored by FEFA held 77 sessions in 12th sessions of 16th legislative period.

The below table indicate the number of sessions held by the committees:

No# Committee Number of sessions

1 The Committee on Human Rights and Women Affairs 15

2 The Committee on Transportation and Telecommunication 17

3 The Committee on Health and Anti-Narcotics 15

4 The Committee on Central Audit 18

5 The Committee on Complaints and Petitions 12

Total 77

5. Violation of the Internal Rules of Procedure

In contradiction to article 48th of the internal rules of procedure of Wolesi Jirga, the MPs have

violated some rules during the plenary and committee sessions. The violated rules are shown in

the charts below:

25

25%

21%

20%

13%

6%

6%5%

2% 2%

نقض اصول وظایف داخلیسکوت را حفظ نکردند

آجندای جلسه آینده اعالن نشد

از کرسی مشخص خویش استفاده و از پیشروی...شخص صحبت

کردعضو صحبت کننده بیشتر از سه دقیقه بحث

بدون کسب اجازه رئیس صحبت کردند

هنگام بحث کردن از موضوع آجندا خارج شدند

عدم کنترول جلسه توسط رئیس مجلس

دنداز کلمات آشوبگرانه و افترا آمیز استفاده کر

عضو مجلس به بهانه اعتراض نظریات خویش رابیان کرد

26