[{"bbox": [143, 148, 1087, 577], "category": "Text", "text": "commitments related to anti-corruption efforts such as the IMF ECF¹³, including those stemming from successive donor conferences such as the smart SMAF 2017/18¹⁴. These Benchmarks related to prosecution and prevention of corruption have catalysed Afghanistan's anti-corruption reforms. Significant developments related to addressing corruption in 2017 and early 2018 include the adoption of the Anti-Corruption Strategy on 28 September 2018¹⁵, enactment of the new Penal Code¹⁶ and the adoption of a new Asset Declaration Law on 27 November 2017¹⁷, enhanced activities and outputs of the High Council for Rule of Law and Anti-Corruption¹⁸, and the Anti-Corruption and Justice Centre (ACJC)'s accelerated work and increased ability to process corruption cases. Despite continuing challenges to achieve sustainability, Afghanistan's civil society is able to constructively contribute to the Government's anti-corruption efforts due to its expertise and solid organization. Throughout 2017, the Government reached out to benefit from the civil society's expertise and took steps to formalize the role of civil society."}, {"bbox": [143, 581, 1087, 675], "category": "Text", "text": "However, Afghanistan is listed on 177 out of 180 on Transparency International's (TI) 2017 Corruption Perception Index¹⁹ and no progress in curbing corruption was made in key institutions, such as Parliament. While the National Justice and Judicial Reform Plan of 2016"}, {"bbox": [145, 752, 1084, 803], "category": "Footnote", "text": "¹³ Under the IMF Structural Benchmarks for 2017 Afghanistan had to improve its legislation criminalizing corruption offences and deliver on reforming the legal framework on asset declaration and its implementation."}, {"bbox": [144, 803, 1085, 893], "category": "Footnote", "text": "¹⁴ 2017/2018 SMART deliverable of the Self-Reliance through Mutual Accountability Framework (SMAF): „Anti-corruption strategy for the whole of government drafted and endorsed by the High Council on Rule of Law and Anti-corruption in the first half of 2017 and implementation initiated in the second half of 2017. Five revenue generating ministries publicly report on implementation progress of their anti-corruption action plans in 2017.“"}, {"bbox": [144, 892, 1085, 1003], "category": "Footnote", "text": "¹⁵ The adoption of the Anti-Corruption Strategy is an important signal of the Government's commitment to curb corruption. However, due to the Strategy's limited temporal scope its impact is likely to be marginal and measures for a seamless transition to a longer-term comprehensive Strategy should be designed already now in parallel to the Strategy's implementation. The Strategy's implementation has been delayed. Its review mechanisms can be used to rectify omissions in the Strategy, in particular to bring further clarification about the institutional framework."}, {"bbox": [144, 1003, 1086, 1180], "category": "Footnote", "text": "¹⁶ The most notable achievement to enable the prosecution of corruption offences is the adoption of a new Penal Code, a milestone in the country's criminal justice reform as the first single comprehensive codification of Afghanistan's criminal law. The drafting of the Penal Code started in 2012 under the leadership of the Ministry of Justice (MoJ) and with expert support of the Criminal Law Reform Working Group (CLRWG). The work was guided by the Presidential Order of 2010 to compile all penal provisions in a single criminal codification. The Penal Code was endorsed by Presidential Decree on 5 March 2017, published in the Official Gazette of 15 May and entered into force on 14 February 2018. It will apply to criminal acts committed after this date. For crimes committed prior, the former criminal laws will apply with the exception of more lenient sentencing provisions in the new penal code."}, {"bbox": [144, 1179, 1085, 1317], "category": "Footnote", "text": "¹⁷ The new Law on Declaration and Registration of Assets of State Officials and Employees addresses shortcomings of the previous legislation and moves the asset registration function to a newly established entity within the Office of Administration on Registration and Assessment of Assets under the Office of the President for Administrative Affairs. The Asset Declaration Law develops obligations of public officials to declare assets under Article 154 of the Constitution further. The ability to successfully investigate, prosecute and adjudicate corruption offences following international standards and norms hinges on the effectiveness and the integrity of a county's justice sector."}, {"bbox": [144, 1317, 1085, 1406], "category": "Footnote", "text": "¹⁸ In 2017, the High Council became the motor for advancing anti-corruption reforms. The President's personal dedication to using the High Council for promoting reforms is commendable. Continued attention is required to ensure that the High Council upholds judicial independence. The experience of the increased activities of the High Council should be used to amend and improve the High Council's regulative framework."}, {"bbox": [144, 1406, 1085, 1451], "category": "Footnote", "text": "¹⁹ Transparency International Corruption Perception Index of 2017: the CPI score remained at 15 points compared to the CPI 2016, however Afghanistan's rank decreased to 177 from 169 in 2016."}, {"bbox": [144, 1451, 1085, 1539], "category": "Footnote", "text": "Survey of the Afghan People of 2017: among the reasons for pessimism corruption is cited as the 4th reason after the perception that the country is moving in the wrong direction (48.8%), followed by unemployment (27.5%), corruption (14.6%), bad economy (10.4%), and bad government (8.7%), while the proportion of Afghans citing corruption has increased from 2016 by 1.6 percentage points, respectively."}, {"bbox": [600, 1606, 635, 1628], "category": "Page-footer", "text": "[10]"}]