Essential Function 3 - RoL & Gov


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Afghan War News > SFA > 8 EFs > EF 3 RoL & Gov


Essential Function 3 - RoL & Gov
Rule of Law and Governance

EF 3 Rule of Law and Governance

The EF 3 - Rule of Law and Goverance mission promotes civilian governance of the Afghan Security Institutions (ASI). Current ASI and Afghan National Security Forces (ANSF) operation in compliance with RoL remains underdeveloped. EF 3 Train, Advise, and Assist (TAA) efforts, therefore, must emphasize the importance of establishing effective and transparent criminal and diciplinary systems. Two important areas faling under the EF 3 awnings are the TAA efforts that will monitor and prevent extra-judicial killings and gross violations of human rights. 1.


Essential Function 3 Rule of Law Resolute Support Mission

"The mission of the Essential Function 3 (EF3) Rule of Law (RoL) is to train, advise and assist the Afghan National Security Froce to respect the rule of law and to operate in accordance with Afghanistan's constitution, domestic laws and international obligations. Our main areas of focus are Gross Violations of Human Rights or GVHR's and Anti-Corruption efforts. One example of a GVHR is Extra Judicial Killings (EJK), i.e. when the Afghan Army or Police force captures an insurgent and they are tortured or even killed while being detained. Our efforts are to ensure the detainees are given due process of law, which includes a review of their charges and possible trial and incarceration vs. killing." 2.

MoD EF 3 Advisors. The Essential Function 3 Rule of Law office has two legal U.S. advisors at the Afghan Ministry of Defense. One advisor advises the General Staff Legal office which deals with the investigation and prosecution of Gross Violations of Human Rights (GVHRs) and corruption cases. The second advisor works with the Afghan MoD legal office on policies, procedures, and legal oversight of the ministry. 3.


EF 3 RoL & Gov with International Partners
EF 3 RoL Advisor with International Partners & Afghan Counterparts
(Photo from Resolute Support HQs Facebook)

Interaction with International Partners. The Essential Function 3 Rule of Law office interacts with many other U.S. and International partners in Afghanistan such as the U.S. Embassy International Narcotics and Law Enforcement Affairs (USEMB INL), U.S. Department of Justice, the United Nations Assistance Mission in Afghanistan (UNAMA), the European Union Delegation, and the European Union Police Mission in Afghanistan (EUPOL).

Major Crimes Task Force (MCTF) Afghanistan

Major Crimes Task Force (MCTF). The MCTF, established in 2010 with funding from the U.S. Department of Defense 6. , is supported by about 200 Afghan investigators from the Ministry of Interior and the National Directorate of Security. 4.  The MCTF investigates corruption, organized crime, kidnapping, and human trafficking. 7. The MCTF was set up in 2009 to battle graft and corruption that is endemic in Afghan society. Unfortunately, the work of the MCTF was hindered by President Karzai during his reign in power. 5.  Within two years of helping to establish the MCTF-A the FBI withdrew its personnel due to interference by President Karzai and other senior Afghan government officials who protected corrupt politicians under investigation. 10. The United States and other international partners continue to provide training, advise, and assistance to the MCTF under the Resolute Support Mission - such as providing training on basic and advanced forensics techniques by the Armed Forces Institute of Pathology (AFIP). 8.  There are currently (as of Feb 2015) six U.S. advisors working with MCTF investigators; most of them are retired senior police officers and investigators. 9. 


Essential Function 3 Rule of Law and Governance Resolute Support Mission


Websites with Info Related to EF 3 RoL & Gov

Rule of Law (RoL) in Afghanistan
www.afghanwarnews.info/ruleoflaw.htm

Corruption in Afghanistan
www.afghanwarnews.info/corruption.htm

Goverance in Afghanistan
www.afghanwarnews.info/governance.htm

Ministry Advisors in Afghanistan
www.afghanwarnews.info/sfa/ministry-advisors.htm


Essential Function 3 Rule of Law and Governance Resolute Support Mission


Papers and Publications about EF 3 RoL & Gov

For papers and publications about Rule of Law (RoL) see:
www.afghanwarnews.info/ruleoflaw.htm#Publications


Videos about EF 3 RoL & Gov

For videos about Rule of Law (RoL) see :
www.afghanwarnews.info/ruleoflaw.htm#Videos

A short (2 mins) video providing an overview about Essential Function 3 - Rule of Law by BG Mitchell Chitwood (U.S. Army) of Resolute Support HQs. Posted on Vimeo, February 16, 2015. BG Chitwood is the Director of the Rule of Law Essential Function group at RS HQs.
https://vimeo.com/119720404

Video about Major Crimes Task Force by the Federal Bureau of Investigation
www.fbi.gov/news/videos/major-crimes-task-force


Essential Function 3 Rule of Law and Governance Resolute Support Mission


News Articles about EF 3 RoL & Gov

For news articles about Rule of Law (RoL) see:
www.afghanwarnews.info/ruleoflaw.htm#NewsArticles


 


Endnotes

1. Text in this paragraph is taken from the RS Security Force Assistance Guide 3.0, International Security Assistance Force (ISAF), July 1, 2014, page 12.
www.afghanwarnews.info/sfa/ISAF-SFA-Guide.htm

2. Text is from a Resolute Support Headquarters new release on February 16, 2015.
www.rs.nato.int/article/rs-news/rsm-essential-function-3-rule-of-law.html

3. Information in this paragraph taken from a Resolute Support Facebook posting on February 16, 2015.

4. The figure of 200 investigators taken from a Facebook post by Resolute Support HQs posted on February 17, 2015.

5. Karzai put the reins on the MCTF after one of his key advisors was accused of corruption. Mohammad Zia Salehi, the head of the administration for the Afghan National Security Council, was arrested by the MCTF for corruption. See a Huffington Post news article dated August 4, 2010.

6. For more info on the Major Crimes Task Force see Mission Afghanistan: The Major Crimes Task Force, FBI Mission Afghanistan, March 22, 2011.
http://www.fbi.gov/news/stories/2011/april/afghanistan_042211

7. See Resolute Support Facebook post dated February 17, 2015 for info on the mission of the Major Crimes Task Force of Afghanistan.
www.facebook.com/ISAF/posts/10153088331528454

8. See Resolute Support Facebook post dated February 17, 2015 for info on the AFIP training provided to MCTF. (Note: the post says a U.S. advisor is providing the training yet it appears that it is a German member of the German Police Project Team). (Second Note: While this post is dated February 2015 - it cites training provided to the MCTF by the AFIP - which closed its doors in September 2011. Hmmmm. How much of this Resolute Support Facebook content are we to believe?).
www.facebook.com/ISAF/posts/10153088342613454

9. For current advisor complement to the MCTF (as of Feb 2015) see Resolute Support HQs Facebook posting on February 17, 2015.
www.facebook.com/ISAF/posts/10153088333738454

10. For more on MCTF see Major Crimes Task Force-Afghanistan: A Case Study and Examination of Implications for Future FBI Capacity Building Programs, by Stephen A. Cyrus, Special Agent, FBI. December 2014.
www.hsdl.org/?abstract&did=762412

 

Afghan War News > SFA > 8 EFs > EF 3 RoL & Gov

 

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