Commission for IBV

Commission for Inquiry into Behavioral Violations

Preface

Healthy and inclusive relationships between the three branches of government is, undoubtedly, one of a democratic society’s needs. Without cooperation, the government cannot reach its goals which are to serve and work for the welfare of the people. A relationship is healthy and inclusive only when it is based upon some principles and regulations. In view of this, the lawmakers have produced, for example, Behavioural Relations Regulation. Affairs Committee Secretariat.

This law pursues specific goals. A lawmaker, in order to guarantee law enforcement, has suggested that the commission (composed of seven members) inquiries into complaints. There are plans to build an administrative office within the framework of the Secretary of State for Parliamentary

In order to better understand all this, we will consider the values and importance of healthy relationships between the three branches of government and their goals. Then, we will detail the high-ranking government officials in the Commission for Inquiry into Behavioural Violations.

1. The Value and Importance of Healthy Relationships between the ‘Three’ Branches of Government

The principle of differentiation of the branches of government is one of the most important principles of political science. In 18th century, this principle arose in Europe among theorists and intellectuals and is the idea that the government should serve the people - not that the people serve the government.

Although the principle of differentiation of the branches returns to the former philosophers’ books and notions, since 18th century it has been reflected as an important and valuable principle in scholars’ speeches and writings.

The founder and designer of this principle was Montesquieu the great French philosopher. He, in his book entitled ‘The Spirit of the Laws’, has raised the principle of differentiation of the branches and has referred to it as the power-controlling weapon. He believed that power is an indomitable force and, if one concentrates on it, it causes crudity and selfishness. Thus, to restrain the power or, in other words, to control the power, the power should be controlled by power. Considering this, most countries, after reforming their political systems, have paid attention to the principle of differentiation of the branches of government. And to prevent egotism, they delegated the employing of the power to different organisations - that is, executive, legislative and judicial powers. No power could interfere with any other powers’ operations, or be controlled by another.

The practical discussion of this vision (an absolute differentiation between government branches) is not free from difficulties, for the organisations are inextricably related to each other. One branch relies on another and definitely needs another’s assistance. Therefore, the principle of the absolute differentiation of branches of government is irreconcilable. Instead, the political scholars are focusing on partial differentiation of government branches, so that each branch is autonomous; yet, in assisting each other, they depend on one another.

These days, in most countries’ constitutions, this principle (the differentiation of government branches) is accepted. The government’s duties are divided into three parts - executive, legislative and judicial and, in reaching a goal, all rely on one another.

 

When we talk about cooperation between these three government branches, we definitely need to consider some rules and regulations because the maintenance of the good relations between these three government branches is a vital issue in the survival of government. Retaining balance and friendly relationships between the three Government branches has a great impact on the trust of the populace in the Government and its work. For this reason, and to organise the tasks relating to behaviour, and in order to preserve friendly reciprocal relationships between the three government branches (executive, legislative and judicial), the government of the Islamic Republic of Afghanistan has enacted a law entitled ‘The Law Governing the Relationships with the Three Branches of Government of the Republic of Afghanistan’.

 

The Law Governing Relationships

As clearly stated, friendly relationship and firm cooperation between the three Government branches is one of the irreplaceable requirements of a government in a developing democracy. Cooperation and understanding between the three branches of government is a symbol of growth and political development. Since relationships cannot be protected without some rules and principles, these were protected by law. Based on this, the Government of the Republic of Afghanistan arranged the ‘The Law Governing the Relationships with the Three Branches of Government’ to preserve good relationships between the three branches of government and the CE Senior Government Officials.

2 years ago, this law was adopted by ‘Bill No. 176’ and was voted for by the Members of Parliament. Last year, this law was published in the official gazette of the Ministry of Justice which consists of 35 articles and 7 chapters that are as follows.

 

The Main Objectives of the Behavioural Relationship’s Law

 

The law governing relationships between high-ranking officials details standards. The main objectives are clearly stated in the ‘Second Article’:

 

·Determination of the ceremonial standards in the administrative system

·Standards for official behaviour

·Mutual responsibilities and obligations

·Maintaining mutual respect and friendly relationships between officials, whilst recognising their autonomy

 

1. The Ceremonial Position Precedents  

One of the goals of the law is the determination of standards of high-ranking government officials. It sets out this specific position for officials at meetings and ceremonies, so preventing conflict. This enables every organisation and agency to maintain mutual respect for each other.

 

2. Standards for Regulating the Official Behaviour

Standards for Regulating Official Behaviour is another major goal of the ‘Behavioural Relationships Law’. As stated clearly, the official authorities of the three branches of the government are required to learn about each other’s legal authority. When information is required, they must cooperate openly and genuinely with each other, so as to improve the good relationship between the three branches of government.

3. Mutual Responsibilities and Obligations

Mutual Responsibilities and Obligations are another important issue that is addressed by the law. In order to build with good relationships and to cooperate with the Executive, Legislative and Judicial branches, officials must pay attention to their duties and take their responsibilities seriously. According to the ‘4th Article’ of this law, every official should pursue the following attributes:

 

virtue and piety, commitment, integrity, flexibility, open-mindedness to criticism, neutrality, loyalty, accountability, courtesy, selflessness, good leadership skills, confidentiality, good-behaviour, thriftiness, availability, responsibility, non-discriminatory, realistic, purposeful, be law abiding, be a role-model and maintain the prestige of the Government nationally and internationally.       

 

4. Considerations of Mutual Respect and the Maintenance of Friendly Relationships between Officials

 

By reading through the Behavioural Relationship Law, we learn that the primary reason for this law is the issue of respect and the preservation of good relationships between the three branches of the Government of the Republic of Afghanistan. The law aims to create a relationship between the officials based upon integrity and mutual respect, so that the possibility of disagreement and disparity is reduced.

For this reason, it insists that all three branches of government respect each other. They must consider themselves a team, build good relationships and reduce tension and friction. In fulfilling these requirements, and in order to bring together the three branches of government, the Office of the Secretary of State for Parliamentary Affairs is obliged to record, investigate and report on their operations to the Presidential Office and to Parliament in writing. Similarly, the Office of Secretary of State for Parliamentary Affairs, must pave the way for joint meetings between the officials about Parliamentary Affairs.

Another important issue in the law is its practicality. It is plainly stated that if any of the articles of the Behavioural Relationships Law are violated by an official (as mentioned in the ‘3rd Article’ of the law) that person has offended and will receive a formal warning. A law has been enacted to investigate these matters.

 

Commission for Behavioural Violations Inquiry for High-Ranking Officials

The law governing relationships between the three branches of the Government of the Islamic Republic of Afghanistan has set up a Commission of seven members to inquire into complaints and give advice to the President.  The ‘28th Article’ of the law states:

(1) In order to investigate the behavioural violations of officials (according to ‘Article 3’ of the law) and to provide advice to the President in this regard, the Commission for Violation Inquiry consists of:

·The Chief Justice

·The Deputy President of Parliament

·The Vice-President of the Upper House

·A Supreme Court Judge (elected by the President)

·The Minister of Justice

·The State Minister for Parliamentary Affairs

·The Head of the Commission for Monitoring and Implementation of the Constitution

(2) In case of absence of the Chairman from duty or any violations, the President may replace him with the Deputy Chairman.

(3) The Commission, in order to fulfil its responsibilities, has a Secretariat which works within the framework of the Office of the Secretary of State for Parliamentary Affairs.

As mentioned, the composition of the Commission is defined in law and has the following authority (according to ‘Article 29’ of the Behavioural Relationships Law): 

  • Inquiry into violations of the law based on a complaint or on written guidance from the President
  • Reporting to the President on complaints being processed
  • Enacting the Articles of this law
  • Reporting on performance to the President and the National Assembly every six months

 

All decisions based upon written guidance from the President are final and all Government organisations (see ‘Item 3’ above) are required to apply them immediately.

Therefore, the Commission has the authority to punish any offending official. This legal warning will be broadcasted via media to the public, with the approval of the President.

The Commission for Behavioural Violations Inquiry, according to the Behavioural Relationships Law, has a Secretariat (made within the framework of the Office of the Secretary of State for Parliamentary Affairs) which mainly performs in certain areas within the Commission procedures.

This is an important part of legislative power in Afghanistan, for this law leads to understanding and cooperation between the three branches of government, and it reduces the possibility of tension and conflict. As mentioned, whenever any official offends against the governing law, anyone can bring a complaint against the offender/s and the Commission is obliged by law to investigate.

Thus, the above-mentioned law includes the best provisions to ensure good and inclusive relationships between the three branches of Government. We trust that this law will benefit the whole country and ensure continued progress.