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Essential Function 3 - RoL & Gov |
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Security Force Assistance (SFA) General Information
Books on Afghanistan
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Note: EF 3 RoL & Gov is now known as Advising Functional Area Rule of Law and Governance as of early 2018.
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.
"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.
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). 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.
Rule of Law (RoL) in Afghanistan Corruption in Afghanistan Goverance in Afghanistan Ministry Advisors in Afghanistan
For papers and publications about Rule of Law
(RoL) see:
For videos about Rule of Law (RoL) see : 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. Video about Major Crimes Task Force by the Federal
Bureau of Investigation
For news articles about Rule of Law (RoL) see:
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. 2. Text is from a Resolute Support Headquarters
new release on February 16, 2015. 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. 7. See Resolute Support Facebook post dated
February 17, 2015 for info on the mission of the Major Crimes Task Force
of Afghanistan. 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?). 9. For current advisor complement to the MCTF (as
of Feb 2015) see Resolute Support HQs Facebook posting on February 17,
2015. 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.
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