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Cablegate: Parliament Passes Un Convention Against

VZCZCXRO1662
OO RUEHDBU RUEHIK RUEHPOD RUEHPW RUEHYG
DE RUEHBUL #2735 2280613
ZNR UUUUU ZZH
O 160613Z AUG 07
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9739
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
RUEHZG/NATO EU COLLECTIVE PRIORITY
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RUEKJCS/OSD WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
RHMFIUU/HQ USCENTCOM MACDILL AFB FL PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 4197

UNCLAS KABUL 002735

SIPDIS

SENSITIVE
SIPDIS

STATE FOR SCA/FO, SCA/A, S/CRS
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR AHARRIMAN
OSD FOR SHIVERS
CG CJTF-82, POLAD, JICCENT
RELEASABLE TO NATO/ISAF

E.O. 12958: N/A
TAGS: PGOV KCOR EAID AF
SUBJECT: PARLIAMENT PASSES UN CONVENTION AGAINST
CORRUPTION, AWAITING ANTI-CORRUPTION PLAN

1. (SBU) The lower house of the Afghan National Assembly
(Wolesi Jirga) passed the United Nations Convention Against
Corruption (UNCAC) on August 15. Its passage by the upper
house and ratification will complete an Afghanistan Compact
benchmark.

2. (SBU) The Government of Afghanistan signed the UNCAC on
February 20, 2004, and the Afghanistan Compact called for its
ratification by end-2006. The delay has been blamed on poor
translation and concern that it might contradict existing
Afghan laws and thus make necessary wholesale revision of
laws on the books. After rejecting two Dari translations of
the UNCAC submitted by the Ministry of Justice legislative
department, the Wolesi Jirga accepted a third version
provided by the U.S.-funded Justice Sector Support Program.
The Afghanistan Compact requires that the government make
national legislation compliant with the UNCAC by end-2007 and
to establish a monitoring mechanism to oversee implementation
by end-2008. The Ministry of Justice, with support from the
UN Office on Drugs and Crime (UNODC), is responsible for
reviewing existing legislation to ensure compatibility with
the UNCAC. Substantive changes in existing legislation will
be required.

3. (SBU) Ratification of the UNCAC will substantially alter
aspects of anti-corruption law enforcement in Afghanistan.
For instance, it allows for extradition for corruption
offenses between countries party to the UNCAC that lack
extradition treaties, and endorses the use of undercover
operations and electronic intercepts in corruption
investigations.

4. (SBU) Apart from the UNCAC, the other major component of
Afghanistan's anti-corruption effort is the development of a
government-wide anti-corruption strategy. After missing
several self-imposed deadlines, Supreme Court Chief Justice
Azimi's commission has told UNAMA that its report will be
ready before the next JCMB meeting in late September.

WOOD

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