Islamic Republic of Afghanistan

Ministry of Rural Rehabilitation and Development

COMMUNITY DEVELOPMENT COUNCIL

BY-LAW

Year 1385

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Islamic Republic of Afghanistan

Ministry of MRRD

Date Suggestion Date Order to 27/7/1385 His Excellency President of the Islamic Republic of

Afghanistan: As you are informed, the main aim of the MRRD is to offer services to the villages in the rural areas of Afghanistan. To deliver efficient services and attract the cooperation of the villages, the NSP has been designed and is presently under implementation. Considering the mobilization, cooperation and assistance of the villages’ inhabitants, based on approval of CDC article No. 14, some 18,000 village CDC’s have been established. By extension of NSP more CDCs in the remaining villages of the country will be established. The establishment of CDCs is the main objective of NSP, based on the following principles:

1. Creation of unity and solidarity among people, and consolidation of cooperation and assistance.

2. Consolidation of social justice, transparency, accountability and book keeping.

3. To maintain people supervision, legal rights, and prevention of corruption.

4. To maintain active participation of the people for a sound management in the village level.

5. Reduction of poverty and production of capital through the establishment of a sound administration at village level.

6. To maintain the welfare of the people through extension of development and economical services based on their own wishes, under supervision of their representatives.

Due to financial, and security constraints, the convening of formal elections at district and village level is not possible

Order No 3138, 13/8/1385 The mentioned By-Law is approved by All the Ministries, government offices, organizations, and related organizations ans are obliged to comply with the By-Law. Hamid Karzai, President of the Islamic Republic of Afghanistan. Department of liaison and documentation; the order is to be recorded and then informed. Farooq Wardak, State Minister in Parliament Affairs, General Head of the Administration Affairs, and Secretary to the Council of Ministers.

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at government level. Through the establishment of the NSP village CDCs are solving their main economic and social problems. Delivery of development services through CDCs is not the main instrument for successful implementation of NSP, but it ensures the attraction and trust of donors and stakeholders. NSP is an overall development programme, executed in understanding with Ministries and related offices, and with full participation of the people. Considering the great successes of the programme, mobilization of the people and their active participation in development and rehabilitation, the MRRD, based upon expert legal advice, has prepared the Community Development By Law to ensure the rights of CDCs. The above mentioned By-Law was presented to the leading committee of the Second Vice President and approved on 31st October 2006. Herewith the By-Law, in 7 chapters and 33 articles (10 pages) is offered to H.E. President of the Islamic Republic of Afghanistan. Sincerely yours Mohd. Ehsan Zia Minister of MRRD

Date Suggestion Date Order to

27/7/1385 Order No 3117

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27/7/1385 His Excellency President of the Islamic Republic of Afghanistan: The NSP, since its inception 3 years ago has mobilized communities in approximately 50% of the country successfully. The inhabitants of the villages are willing and interested in the extension of the programme. The donors of NSP, lead by the World Bank, supervise the implementation of this programme. The programme is being implemented successfully and the World Bank has advised that a Steering Committee should be established under the chairmanship of one of the Vice Presidents of the Islamic Republic of Afghanistan: Therefore it is proposed to approve the assignment of the Steering Committee with the following composition:

1. H.E Minister Of Finance as member 2. H.E. Minister of MRRD as member 3. H.E. Minister of Education as member 4. H.E. Minister of Public Health as member 5. H.E. Minister of Power and Energy as member 6. H.E. Minister of Agriculture and Animal

Husbandry as member. 7. H.E. Minister of Women Affairs as member 8. H.E. Minister of Work, Social Affairs, Martyred

and Disabled as member 9. H.E. Minister of Economy

The issue is honorably proposed to the President of the Islamic Republic of Afghanistan to approve the steering committee under the chairmanship of H.E. second vice president of the Islamic Republic of Afghanistan with the above mentioned composition. A copy of the Steering Committee Terms of Reference is also enclosed. Yours sincerely Mohd.Ehsan Zia Minister of MRRD

Order No 3117 dated 11/8/1385 The establishment of NSP steering committee under the chairmanship of 2nd vice president including Minister of Economy as suggested is approved. Hamid Karzai President of the Islamic Republic of Afghanistan Liaison and documentation department: The order is to be reordered and then to be informed. Faroq Wardak Minister of State at the Parliament Affairs, General Head of the Administrative Affairsand Secretary to the Council of Ministers.

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COMMUNITY DEVELOPMENT COUNCIL BY-LAW

CHAPTER ONE: GENERAL PROVISIONS CHAPTER TWO: COMPOSITION AND ESTABLISHMENT OF SHURA CHAPTER THREE: ROLES AND RESPONSIBILITIES OF THE SHURA CHAPTER FOUR: ROLES, RESPONSIBILITIES AND AUTHORITIES OF

EXECUTIVE SHURA CHAPTER FIVE: SHURA MEETING ARRANGEMENT CHAPTER SIX: FINANCIAL MANAGEMENT CHAPTER SEVEN: FINAL PROVISIONS

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B’ism Allah ar-Rahman ar-Rahim

Islamic Republic of Afghanistan

COMMUNITY DEVELOPMENT COUNCIL BY-LAW

CHAPTER ONE

GENERAL PROVISIONS Introduction: Article 1: This by-law is ratified as per articled number 14 (rules and regulations of MRRD) for the establishment of community development councils (CDCs) and their working procedures. Objectives: Article 2: The objectives for establishing CDCs are as follows:

1. Draw cooperation and volunteer participation of community members to improve and strengthen local governance;

2. Promote, develop and maintain welfare of the community members; 3. Strengthen sense of unity, cooperation and solidarity; 4. Comply with the principles of article three (3) of this by-law.

Performance principles of the CDCs: Article 3: The performance principles underlying the CDCs are drawn from the Holy Religion of Islam, constitution and all other legislative documents. They are as follows:

• Unity • Equity • Justice • Transparency and Accountability • Consultation and Participation

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Location Article 4:

1. The CDC is the social and development foundation at community level, responsible for implementation and supervision of development projects and liaison between the communities and government and non-government organizations.

2. The CDC can be formed in a village where are minimum 25 families are settled, and communities with less than 25 families are encouraged to join with others to establish the CDC.

Community- boundaries Article 5:

1. In this by-law, a community shall comprise of minimum of 25 families or households;

2. Boundaries of a village in the framework of community development council are determined by the concerned district.

The name for Community Development Council Article 6: Community development council(s) (CDCs) will hereinafter in this By Law shall be called Shura (Council).

CHAPTER TWO THE CREATION AND COMPOSITION OF THE SHURAS

The creation of a Shura Article 7:

1. In each community one Shura can be created by the concerned community inhabitants;

2. The Shura shall consist of minimum 10 and maximum 30 members depending on the population of the community. The Shura shall compromise of equal numbers of men and women;

3. Male and female Shura members can meet separately, but in any decision making process have equal rights.

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Qualifications of Shura Members Article 8: A person having the following qualifications can be elected as a member of the Shura:

(a) Citizenship of the Islamic Republic of Afghanistan; (b) Lived at least for one year in the related community;

(c) Completed eighteen (18) years of age; (d) Have no record of criminal conduct or human rights violations; (e) Have sufficient time and be available for CDC work; (f) Have no membership in the national assembly and provincial council.

Election of the Shura Article 9:

1. Shura election is convened by the community election committee; 2. The community election committee is composed of three honest and trustworthy

persons and at least one of whom should be a woman; 3. The community election committee is elected and determined by related

community inhabitants under the supervision of MRRD representatives of the related districts.

Responsibilities of the Election Committee Article 10: The responsibilities of election committee are as follows:

1. To provide information and distribute documents concerning the date of convening the election at least 30 days prior to the election time;

2. To explain election procedures; 3. To register voters' name; 4. To convene the election; 5. To deliver certificates and their records to successful representative after the

confirmation of the related district governor; 6. To post names of the successful Shura members in three public places accessible

to the residents of the community. Election Method Article 11:

1. Select the location of the polling stations. 2. The Shura members shall be elected by the community through election based on

secret ballots. 3. Every resident of the community, male and female, aged eighteen years (18) or

above who has lived at least for one year in a the related community, has the right to vote.

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4. At least 60% of the community’s eligible voters must vote for the election to be valid.

5. The election shall be held without campaign or nomination. 6. The counting of votes and announcement of their results shall take place

immediately and openly right at the end of the voting. 7. Convening of the election, announcement of the results, and registration of the

Shura shall be carried out under the supervision of the MRRD representatives of the related district.

Membership Validity of the Shura Article 12:

1. Members of the Shura shall be elected for a three-year term. 2. A member shall not be elected for more than two consecutive terms in a Shura. 3. If a member of the Shura loses the qualification(s) of membership for election as

per article eight (8) of this By-Law, s/he will automatically lose her/his Shura membership.

Executive Members Article 13:

1. Members of the Shura will elect executive Shura members for a three-year term from among the Shura members based on secret ballots in their first meeting right after the election.

2. Executive members comprise of Chairperson, Deputy Chairperson, Secretary and Treasurer.

Replacement of Members Article 14: If a member of the Shura passes away, resigns, or is no longer eligible for membership according to this By-law, sub-election for a substitute Shura member shall be arranged through community election committee within two weeks. S/he who is elected as member of the election, the validity of his/her membership is limited only to the work of the Shura. Complaints in the Election Process Article 15: If there are complaints during the election that cannot be resolved through the election committee at the community level, the complaints shall be referred to the relevant district governor who shall consult with community members and take remedial actions.

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CHAPTER THREE ROLES AND RESPONSIBILITIES OF THE SHURA

Roles and Responsibilities of the Shura Related to Community Development Activities Article 16: The responsibilities of the Shura pertaining to identifying, planning, organizing, implementing and monitoring development activities at the community level are as follows:

1. To design and prepare a development plan of the community; the plan shall encompass community development needs and identify priorities based on consultation with community members with attention to the needs of women, children, disabled people and all disadvantaged groups.

2. To establish and administer a community development fund. 3. To maintain linkages and coordinate with government agencies, NGOs, aid and

development programs to improve community development and strengthen financial affairs.

4. To convene regular community meetings in the identified venues and exploit the views and recommendations of community members.

5. To prepare and maintain financial documents as required in the By-Law and report to community members.

6. To implement the Shura’s decisions concerning the exploitation of community skills and external services when necessary.

7. To encourage community members and pave the way to establish successful industries (agricultural and industrial) at the community level.

8. To cooperate in the implementation of government and non-government programs at the community level.

9. To address people's rights and freedoms in accordance with the Holy Religion of Islam, the constitution of the Islamic Republic of Afghanistan, and other legislative documents.

Dispute Resolution Article 17:

Dispute resolution in the Shura shall be as follows: 1. The Shura can mediate to solve the arguments and disputes of community

members. 2. Dispute resolution by the Shura shall be voluntary and be based on the

concurrence of all the involved parties.

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Certifying Identity Article 18:

1. The Shura is obliged to record the population statistics in the community, including the number of men and women, births, mortality, and marriages.

2. The Shura can register and certify by issuing certificates on community births, mortalities, marriages and ID cards according to the rules provided by the related district.

Sub-committees Article 19:

1. For better coordination of affairs, the Shura can establish (temporarily or permanently) the following sub-committees: a. Advisory committee; to provide guidance on Shura functions. b. Monitoring committee; to monitor performance of the Shura. c. Procurement committee; to manage the procurement of goods and services of

the Shura. d. Other committees as needed.

2. Members of the Advisory and Monitoring sub-committees can be elected from among community members only. However, members for of the rest of the sub-committees can be elected from both Shura and community members.

3. Only Shura members have right to vote in the Shura.

CHAPTER FOUR ROLES, RESPONSIBILITIES AND AUTHORITIES OF THE SHURA

EXECUTIVE

Roles, responsibilities and authorities of the Chairperson Article 20: The chairperson of the executive Shura has the following roles, responsibilities and authorities:

1. To steer and manage the Shura and sub-committee related affairs. 2. To pave the way for fair and joint consultation with community members

including consultation with prominent figures in the community. 3. To oversee and ensure of the sound and transparent financial management. 4. To certify data regarding births, mortalities, marriages, and ID cards as needed by

the district.

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Responsibilities and Authorities of the Deputy Chairperson Article 21: The Deputy Chairperson assists the chairperson in performing his/her duties and acts as chairperson in his/her absence. Responsibilities of the Shura Secretary Article 22: The Secretary has the following duties:

1. To prepare the agenda of Shura meetings, take minutes of the meetings, and record the signatures of all Shura members who are present;

2. To prepare Shura business correspondence; 3. To place a notice board in a public place accessible to men and women; 4. To regularly update Shura information on the public notice board and disseminate

financial and other information through other available means in the community; 5. To register community population, births, mortalities, marriages, expatriates and

returnees, and maintain records of the related documents; 6. To collect and disseminate community social and economic information.

Responsibilities of the Treasurer Article 23: The treasurer has the following responsibilities:

1. To maintain all financial records; 2. To administer the community development and other funds related to the Shura; 3. To oversee the community development fund and collection of contributions at

community level; 4. To manage the community development fund and other funds related to the

Shura; 5. To make sure that procurement of goods and services is in accordance with

government regulations and instructions; 6. To submit regular financial reports to Shura for approval; 7. To post updated financial information on the public notice board, and announce

new financial figures through local information distribution mechanisms; 8. To present financial accounts (income and expenditure) in general meetings.

CHAPTER 5 SHURA MEETING ARRANGEMENT

Form and type of meetings Article 24:

1. Meetings of the Shura shall be open, and all the community members have right to take part in the meetings.

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2. The time, date and venue of each meeting shall be announced publicly at least two days before the meeting and shall be posted in at least three public places easily accessible to men and women.

3. In the Shura meeting, voting and decision-making rights are restricted to Shura members.

4. When meetings are convened separately for men and women, decisions shall be coordinated through their representatives.

5. In cases of disagreement on the decision-making, representatives from both sides (men and women) shall be assigned to get together and solve the problems in a manner acceptable to all members.

Meetings Article 25:

The Shura shall hold the following meetings: 1. General Annual Meeting; to review Shura financial activities of the previous year,

develop the Community Development Plan for the current year and establish or dissolve sub-committees;

2. Monthly Meeting; to review progress of activities and produce/monitor monthly plans.

3. Quarterly Meetings; to discuss progress, assess problems and present financial reports in respect to Community Development Plan.

4. Extraordinary Meetings; the Chairperson can propose and/or the Shura can endorse extraordinary meetings when necessary.

The Shura must inform community members about date, time and venue of the meetings and prior to the meeting, provide a copy of the financial report to the community members.

Quorum of the Meeting Article 26: A Shura meeting can be held if attended by a minimum of two-thirds of the Shura members. Quorum for Decision-making Article 27:

1. Decisions shall be made through consensus of present members. If consensus cannot be reached among the present members, the decisions are made based on the majority position.

2. If a majority cannot be reached, the Chairperson shall make the final decision.

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Record of Decisions made

Article 28: Decisions of the Shura shall be recorded in writing in the Shura logbook and disseminated within seven (7) days of the meeting.

CHAPTER 6 FINANCIAL MANAGEMENT

Community Development Fund Article 29:

1. The Shura shall have a community development fund to implement the Community Development Plan.

2. The community development fund shall be financed through: a. Government allocated funds and financial resources; b. Funds and all financial resources from NGOs, development programs and all

other donors. Bank Account Article 30:

1. The Shura shall have a bank account with a registered bank where all the community funds are deposited. The account shall be opened with three signatories (the chairperson, deputy-chairperson and treasurer).

2. Each withdrawal of funds from the bank account requires the signature of four (4) Shura members including the chairperson, deputy-chairperson, treasurer and one other Shura member; at least one (1) signatory must be a female Shura member.

Collection of Community Contributions Article 31: The Shura can collect voluntary contributions from community members for the progress of community projects. Transparency and Accountability Article 31:

1. The Shura shall maintain records of income and expenditure for cash and in-kind contributions.

2. The Shura financial records shall be available for public inspection at all times. 3. The government may ask at any time for an external/social audit of a Shura's

financial records.

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4. The Shura financial records shall be disclosed for public inspections on regular basis.

CHAPTER 7 FINAL PROVISIONS

Association Establishment Article 33:

1. Shura can form unions and associations with other Shuras to carry out similar activities as defined in this By-Law.

2. The functions of unions and associations stated under bullet point one (1) of this article may include:

a) To convey joint requests to district or provincial Shuras; b) To cooperate with government organizations at the district and provincial level in

terms of providing advice on governance and development issues of the community;

c) To prepare and execute Community Development Plans; d) To monitor and resolve disputes across community boundaries through dialogue.