Regulation on the Functions and Activities of the Independent Administrative Reform and Civil Service Commission

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  • Year:
  • Country: Afghanistan
  • Language: English
  • Document Type: Domestic Law or Regulation
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Unofficial Translation 04.08.2006
Regulation on the functions and activities of the Independent Administrative
Reform and Civil Service Commission

Section 1: General Provisions

1. This Regulation is issued according to Decree No.25 dated 1382/3/20 of the President on
the functions and activities of the Independent Administrative Reform and Civil Service

2. In order to achieve these goals the Independent Administrative Reform and Civil Service
Commission will undertake the following activities:
a. Lead public administration systems for the country
b. Coordination of all organisations of government to meet the development needs of society
c. Organise and improve administrative affairs within Government
d. Organise and improve the perso nnel management of civil servants

3. In this Regulation the Independent Administrative Reform and Civil Service Commission will
be known as the Commission

Section 2: Organisation

4. The Commission consists of 3 main functions:
i. The Independent Appointments Board and The Independent Appeals Board
ii. The Civil Service Management Department
iii. The Administrative Reform Secretariat

5. The Commission will be headed by the Chairman who will be directly responsible to the
President for the performance of his/her functions

6. The Commission is an autonomous entity within the Government budget approved by the

Section 3: Functions and Responsibilities

7. The duties of the Commission are:
i. Design and implementation of government administrative policy in order to create a
viable and sustainable Civil Service system. The Civil Service will be impartial, without
political interference, and appropriately skilled for its tasks
ii. Identify and propose senior level civil servants to the President , based on impartiality,
merit and competence
iii. Review, evaluate and confirm proposals from Ministries and other government agencies
for appointment of senior civil servants
iv. Monitor appointments of lower level staff by Ministries and government agencies
v. Hearing appeals against unfair, unlawful or discriminatory Practices
vi. Design and implement guidelines and training to build capacity of civil servants in various
fields of administration and management
vii. Improve government institutions and public administration systems in cooperation with
the Ministerial Advisory Committee for Administrative Reform
viii. Oversee implementation of the administrative reforms programme within Ministries and
other government agencies and provide reports to the relevant authorities
ix. Provide proposals for government on administ ration reforms that may be necessary from
time to time
x. Cooperate with Ministries and other government agencies in order to create a viable and
sustainable administrative system.
xi. Establish training courses, seminars, workshop s and conferences on public administration
and management at central and provincial level and evaluate the outcome with the
relevant Ministries and agencies

Unofficial Translation 04.08.2006
xii. Provide advise on the creation of new institutional structures
xiii. Conduct scientific research into different aspects of public administration and
xiv. Publish and disseminate a glossary of public administration and management terms and
their meanings, based on accepted scientific and legal norms
xv. Design procedures for the implementation of this Regulation
xvi. Discover the causes of corruption in order to find efficient solutions.

8. The Commission’s will be transparent and w ill communicate its activities to the public via
mass media

9. The Administrative Reform & Civil Service Co mmission will report regularly to the President
and publish an annual report on its activities

Section 4: Independent Appointments and Appeals Boards

There will be two independent Boards:
1. Independent Appointment Board
2. Independent Appeal Board.


i. A total of 8 Board members will be appointed by the President
iii. Board members may not work in other agencies concurrently

i. The composition of the Boards will reflect all se ctions of Afghan society, including women.
ii. Criteria for appointment of Board members will include:
– Experience in public administration
– Familiarity with international good practice in public administration
– Not affiliated with a political party
– Persons of good morals, character and reputation
– Commitment to building an ethical, politic ally impartial, efficient and effective
Civil Service dedicated to serving the people of Afghanistan

i. In appointing Board members the President may, at his discretion, seek nominations and
advice from respected sources on the persons who best meet the criteria cited in section
11 above
ii. The names of Board members will be published

i. Board members will be appointed for periods of between 1 – 3 years, renewable at the
discretion of the President for one further period of 3 years
ii. In the event that the Boards’ workload beco mes exceptionally heavy, or for other good
reasons, the President may, at his discretion, appoint up to 5 additional members for
periods of between 2 – 6 months

15. The Chairman of the Commission will oversee the Boards’ affairs and ensure they fulfil
their responsibilities, but will not participate in their decision.

i. The Commission Chairman will assign 5 Board members to the Appointments Board, and
3 members to the Appeals Board
ii. The Commission Chairman will appoint one member of each Board to act as Chairman for
renewable periods of 1 year

Unofficial Translation 04.08.2006
iii. Board members cannot be assigned to both Boards.

i. The Independent Appointments Board will id entify and recommend to the President for
recruitment of civil servants at category 2 and above (or equivalent in any new grading
structure) based on merit in accordance with Schedule 1 of this regulation.
ii. In making recommendations under article 17.i. the Independent Appointments Board will
review and confirm the candidates proposed by Ministries and agencies for recruitment,
promotion and redeployment in accordance with Schedule 1 of this regulation.
iii. Armed forces and elected municipal staff are excluded from the provisions of this article

18. The names of all eligible and suitably qualified candidates for appointment will be
maintained in an HR database and provided to the Board.

19. The Independent Appointments Board will regularly review and oversee recruitment,
promotion and other status of Civil Servants below grade 2 carried out by Ministries and
government agencies and school teachers in accordance with Schedule 2 of this Regulation.

20. The Independent Appeals Board will consider and review appeals by serving civil servants
and applicants for Civil Service employment in accordance with Schedule 3 of this Regulation.

21. The Independent Appeals Board Chairman may at his/her discretion request the
participation and advice of responsible officials and experts on the case being reviewed

i. Each Board will have its own Secretariat which will organize its operational affairs.
ii. Suitably qualified and experienced staff appoin ted for periods of up to 3 years and may not
serve in both Secretariats concurrently

23. The Secretariats will have the following functions:
– Organise the daily work of the Board
– Provide technical and legal advice on implementation of employment laws
– Preparation of documents and record Board decisions
– Arrangement of meetings, preparation and timely distribution of agenda and minutes to
Board members

24. The Board Secretariats will report to th e relevant Board Chairman for their daily work.

Section 5: Department of Civil Service Management

25. The Civil Service Department will be responsible, under the direction of the Chairman of
the Administrative Reform and Civil Service Co mmission, for establishing and implementing
policies on employment and management of civil servants and administrative and institutional
efficiency in collaboration with relevant Mini stries and agencies in the following areas:
i. Develop civil service laws and regulations;
ii. Establish personnel management policy;
iii. Establish standards and regulations for office administration;
iv. Develop and maintain information management systems and technology;
v. Improve the capacity of the Civil Service

26. In developing the laws, policies and prac tices on 25 above, the Department of Civil
Service Management will take account of existing relevant laws and accepted principles of
public administration and international practice.
27. The Civil Service Management Departme nt will advise government through the
Commission Chairman on improvem ents to personnel management


Unofficial Translation 04.08.2006

28. The Civil Service Management Department could establish and implement institutional
arrangements and programmes to provide tr aining and capacity building including
international scholarships in the field of public administration.

29. The Civil Service Management Department will develop an HR Management Information
System to assist with the recruitment and appointment of civil servants in order to improve
HR planning and develop training and capacity building programmes.

30. Ministries and government agencies will be required to provide information to the Civil
Service Management department to enter on the HR database.

31. The Civil Service Management department, in order to improve the organisation of
Ministries and agencies will provide reco mmendations to the government through the
Chairman of the Commission.

32. The Civil Service Management Department, in order to improve administrative systems
and their functioning, will review existing systems and take appropriate action.

33. The Civil Service Management Department will develop a single strategy to increase the
use of modern information systems and technolo gy to share information with ministries.

34. The Civil Service Management Department in collaboration with relevant Ministries and
agencies will develop and implement policies fo r procurement of information technology and
equipment in order to ensure consistency of st andards, optimal interoperability and to obtain
maximum financial benefit

Section 6: Secretariat for Administrative Reform

i. The Secretariat within the Commission will pro vide secretariat services to the Ministerial
Advisory Committee described in articles ( 39, 40 & 41) of section [7] below, and will
perform other tasks to support the Chairman of the Commission in leading and managing
the administrative reform programme.
ii. The Secretariat will monitor implementation of programmes, projects and activities of the
administrative reform programme and prepar e a written report every 3 months for the
Chairman and members of the Ministerial Advisory Committee
iii. For this purpose the Secretariat may request Ministries and agencies to submit written
reports related to section ii of this article in a standard format. All the Ministries and
government agencies are responsible for providing reports in a timely manner

36. The Secretariat will prepare and maintain documents which:
i. Set out the main programmes and projects which form the administrative reform
programme and the target dates by which these are to be delivered;
ii. Identify the Ministries and government agenci es responsible for delivering each programme
and project
iii. Report on progress in implementi ng the Administrative Reform Programme

37. The Secretariat will review programmes, proj ects and activities and advise the Head of
the Commission on any overlaps, inconsistencies, potential conflicts of interest or any other
obstacles which may impede the im plementation of the Programme

38. The Secretariat will, at the request of the Commission Chairman, provide advice on
possible future developments in the field of administrative reform, and will conduct research
into regional and international practice for this purpose.


Unofficial Translation 04.08.2006
Section 7: Final provisions
i. The Chairman of the Commission is responsible for leading and managing the
administrative reform programme.
ii. In order to assist the chairman in the exercise of his responsibilities, he will be supported
and advised by a Ministerial Advisory Committee on Administrative Reform.

i. Members of the Ministerial Advisory Committ ee will include the Ministers of Foreign
Affairs, Interior, Finance, Justice, Labour & So cial Affairs, and up to three other Ministries
on an annual rotating basis, appointed for 1 year;
ii. The Ministerial Advisory Committee may invite ot her Ministries and agencies to attend
meetings to discuss matters relevant to the subject

i. The Ministerial Advisory Committee will assist the Commission Chairman to lead and direct
the Public Administration Reform programme.
ii. The Committee under the leadership of the Commission Chairman will act in accordance
with Schedule 4 of this Regulation
42. In order to implement the provisions of these Regulations, the Commission will develop
43. The Commission will have an official stamp bearing the state emblem and the
Commission’s name.

44. This Regulation comes into force on the day it is signed and will be published in the
Official Gazette..


Unofficial Translation 04.08.2006
Schedule 1: Appointment

1. In order to ensure that Civil Service posts are filled solely on the basis of merit, the
following principles will be applied to all recruitment, promotion and redeployments:

a. Posts will be filled through a competitive, documented process which results in the
selection of the most suitable candidate for appointment.

b. Every post will have a job description setting out its purpose and main duties, and
specifying the qualifications, experience and personal attributes required.

c. The required qualifications, experience and personal attributes will be objective, job-
related and non-discriminatory.

d. The post will be advertised within the Civil Se rvice and, as appropriate, externally to
encourage applications from suitably qualified potential applicants.

e. All applicants will be considered for shortlisting.

f. All shortlisted candidates will be interviewed for final selection.

g. Candidates will be shortlisted and interviewed for final selection by a panel which:

1. Are more senior in grade than the level of the post to be filled.
2. Has 3 members or higher.

h. Shortlists will be created and final selectio n interviews will be assessed on the basis
of pre-determined, objective, job-related and non-discriminatory criteria applied
equally to all applicants.

i. The candidate ranked first following the fin al selection interview will be recommended
for appointment.

j. If the first-ranked candidate is not appointe d, the appointing authority should provide
fully documented reasons.

k. Written records of all documents relating to the recruitment/appointment competition
will be kept by the Independent Appointment Board.

2. In order to ensure compliance with these principles, the Independent Appointment Board
may issue instructions and guidance to Mi nistries and other government agencies.

Unofficial Translation 04.08.2006
Schedule 2: Independent Appointments Board oversight of appointment by
Ministries and other government agencies

1. In order to ensure that recruitment, promotion and redeployment is conducted on the
basis of merit, the Independent Appointmen ts Board will carry out regular audits of
recruitment and appointment exercises by Minist ries and other government agencies for posts
below grade 2.

2. For this purpose, the Independent Appo intments Board may, at its discretion:

a. Require Ministries and other government agencies to provide written details of recruitment
and appointments exercises conducted during a specified period, including:
i. The means by which such posts were advertised, together with the relevant job
descriptions, and selection criteria;
ii. The names of all applicants, and of these: those shortlisted; those interviewed for
final selection; those recommended for appointment ranked in order of merit;
and the name of the person selected for appointment;
iii. The names and titles/positions of the shortlisting and final selection panel;
iv. If the first-ranked candidate was not sele cted, the documented reason for this,
signed by relevant the appointing authority.

b. Attend any part of any recruitment and appointment proceeding as an observer, and
intervene as it deems necessary to prevent a brea ch of the principles set out in Schedule 1 to
this decree.

3. In the light of its findings at paragraph 2 above, the Board may report on any violations of
the principles set out in schedule 1 of this decree to the President with a recommendation
that the recruitment/appointment exercise in question may, at his discretion be declared null
and void and, as necessary, repeated.

4. In accordance with the duty and powers conferred upon them by their independent status,
the Independent Appointments Board will include details of any unresolved violation of the
principles set out in Schedule 1 to this decree in their published annual report.

5. The Independent Appointments Board may issu e instructions and guidance to Ministries
and other government agencies to assist them to comply with the principles set out in this

Unofficial Translation 04.08.2006
Schedule 3: Appeals

1. The following principles will apply to the appeals process:

a. Appeals may be made by:

i. Serving civil servants;
ii. Applicants for appointment to the Civil Service;

b. Appeals may be made by serving civil servants for the following reasons:

i. Unfair or discriminatory appointment practices;
ii. Unfair or discriminatory disciplinary practices and policies;
iii. Unlawful or unethical management instructions;
iv. Instructions from superiors which, if carrie d out, would violate the civil servant’s duty
of political impartiality;
v. Instructions from superiors which, if carrie d out, would violate the civil servant’s duty
of confidentiality;
vi. Unfair or discriminatory practices in th e workplace by a supervisor or co-worker
vii. Harassment on sexual, religious or any other grounds;
viii. Other grounds which the ICSC deems justified;

c. Appeals may be made by applicants for Ser vice Appointments for the following reasons:

i. Refusal to consider application fo r employment without good cause;
ii. Unfair or discriminatory treatment during the recruitment process;
iii. Unfair or discriminatory decision by the recruitment panel.

d. Appeals to the Independent Appeals Board must be made in writing and accompanied by
relevant evidence;

e. Appeals will not be considered by the Independent Appeals Board without evidence that
the appellant has first exhausted all other means of resolving the grievance with the
relevant Ministry or other government agency;

f. The Independent Appeals Board may reject a ppeals that, on the basis of the written
evidence presented, do not provide sufficient evidentiary grounds for appeal. In such
cases the Board will explain the reasons for its decision in writing to the appellant;

g. The Independent Appeals Board may, at its discretion, make decisions on the basis of the
written evidence alone, and may require additional written information to be provided
from relevant witnesses for this purpose;

h. Alternatively, the Independent Appeals Boar d may summon the appellant and relevant
witnesses to an appeals hearing, and make decisions accordingly;

i. All decisions will be fully documented. The Boar d’s decisions will be conveyed in writing
to the appellant and to the relevant Ministry or other government agency.

j. The Independent Appeals Board may issue furt her regulations on the appeals process.

Unofficial Translation 04.08.2006
Schedule 4: Ministerial Advisory Committee on Administrative Reform – Terms of

1. The Ministerial Advisory Committee on Administrative Reform will:

a. Provide strategic direction and oversight of the entire Administrative Reform

b. Ensure that the Programme reflects the government’s ongoing national development

c. Regularly review the achievements of each programme and project, and use its best
efforts to overcome problems that may be impeding progress;

d. Ensure that overlaps, duplications and conflicts of interest are addressed and

e. Act as a focal point of contact with international funding agencies who are supporting
the Administrative Reform Programme, and ensure that external funds are
appropriately coordinated and fo cused on national priorities.

2. The Ministerial Advisory Committee will regula rly report to the President on progress in
implementing the Administrative Reform Programme, and will recommend action as
appropriate to enhance the speed and effectiveness of its implementation.

3. The Ministerial Advisory Committee will regula rly and openly communicate its decisions and
on progress in implementing the Public Admini stration reform programme within the Civil
Service and publicly.