Experts slam DPPP transfer to AAO as illegal

KABUL (Pajhwok): Experts term the transfer of the Department of Public and Private Partnership (DPPP) from the Ministry of Finance to the Administrative Affairs Office (AAO)through a legislative decree as illegal.

However, the Administrative Affairs Office (AAO) at the Presidential Palace insists the transferis aimed at creating efficiency and providing more facilities to businessmen.

The DPPP was formed in March 2015with the aim of organizing policy, establishing legal framework, consulting and coordinatingcapacity building in the public and private partnership, analyzing and evaluating projects.

Other objectives of the directorate are to provide technical facilities for departments and development of public and private partnershipbased on the decision of High Economic Council (HEC).

However, on April 26 of this year, the Presidential Palace ordered the transfer of the directorate from the MoFto the AAO with the intention of having accountable management in order to facilitate and support investment of the private sector under the Investment Facilitation Unit.

The AAOin its suggestion No. 31 to the President and based on the Presidential Palace decree No. 35 dated February 19, 2019says that the DPPPshould be transferred to the Administrative Affairs Office and the president had decided on that time by issuing a decree No. 13 on April 26 of this ongoing year.

Since the presidential decree No. 35 dividing the MoF into three parts was not implemented due to pressure from civil society and the international community, therefore the AAOproposal No. 31 and the presidential decree No. 35 have not been valid.

After the Presidential decree No. 35legal status eliminated, the Minister of Finance met with the presidentand under the president’s verbal order, the DPPPcontinued operations within the framework of the MoF.

And later the President issued another decree No. 626 on June 12, 2020, approving the DPPP continuation in the MoF under the Deputy Finance Minister.

Decree No. 626 on June 12, 2019 for invalidation of decree No. 13 on April 26, 2020 says the previous decree has been abolished and has no legal effect.

But the AAO again brought pressure on the Ministry of Justice through a separate letter to correct the relevant legislative documents in coordination with the Investment Facilitation Unit of the AAO and to take measures as soon as possible.

But the MoF in response to the above letter, on June 4, 2020, wrote in a detailed report to the AAO that shifting of the DPPP to the Investment Facilitation Unit has already been discussed during a meeting with the President and the DPPP will continue its work within the framework of the MoF until completion of its legal process and it will be transferred by the Ministry of Justice and approved by the former HEC within the framework of the MoF.

A copy of a letterfrom the Investment Facilitation Unit department on May 14 this year says the draft amendment of the legislative documents of the DPPP have been sent to the Ministry of Justice to work on itat the earliest possible.

Article 22 of the lawsays”The administration is obliged to send the initial draft of the legislative documents along with its explanatory reasons in order to evaluate the contents of paragraph (1) of Article 9 of this law for the approval of the of Finance and Economy Ministries and to others relevant departments.”

But an official at the MoF, who wished to go unnamed, told Pajhwok Afghan News, “Ataullah Nasib, head of the Facilitation and Investment Unit of the AOO has repeatedly pressured the MoJ to amend the Public Partnership Department law as soon as possible without permission from the MoF to pave the ground for transfer of the DPPP to the AAO.

He said five days back the MoF law committee discussed the amended draft but as the Wolesi Jirga was on vacation, the President wanted to issue a legislative decree to transfer the office to the Investment Facilitation Unit of the AAO as soon as possible.

The National Assembly is currently on it 45-day summer recess.

SediqSediqi, spokesman for the Presidential Palace, said he had no information in this regard and said the MoF should be asked about the issue.

Shamrooz Khan Masjidi, MoF spokesman, said: “The minister had told the President that we cannot transfer the department until the law is amended, and if your aim is effectiveness of the office, we can show you its effectiveness.If the department is to be transferred, at least the laws should be passed from the parliament, and then this department should be transferred.”

According to him, the administrative affairs office has said nothing about the matter to MoF and that the department is operating within the ministry’s structure.

Shamroz Khan said the transfer, change or merger of departments was the authority of parliament and such actions should be taken in a legal way.

Article 90 of the constitution says the National Assembly is responsible for the creation, modification and/or abrogation of administrative units.

Khoshal Khalil, the AAP media manager, said the Directorate of Public and Private Partnership wound be transferred from MoF to the Department of Investment Facilitation through a legislative decree as soon as possible.

The Ministry of Justice said in a report the first meeting was held on the transfer of the department on August 19 and it was attended by officials from ministries of finance, economy, commerce and industry, public health, mines and petroleum, agriculture, urban development, women affairs, as well as the chamber of commerce and industry.

Based on suggestions from the participants, another meeting was held on August 22 and the transfer of the DPPP to the Administrative Affairs Office was opposed by MoF officials.

However, the transfer of the department was approved by representatives of other ministers, while officials of the ministries of economy, urban development, women affairs and Supreme Audit Office did not attend the second meeting.

The MoJ report said: “The amendments suggested by the Administrative Affairs Office at the Presidential Palace via decree No 13, dated March 25, 2020, will be investigated.”

Expert views

QaziNazir Ahmad Hanafi, deputy head of the Wolesi Jirga’s legislative affairs commission, said amendments to or takeover of ministries was not the authority of the president, who did not have the power to propose a division of ministries.

“The transfer of the directorate of public and private partnership of the MoF to the AAO is against the law and as soon as the Wolesi Jirga at its first session (after the end of summer vacations), will be cancel this decree,” he added.