MEC Local Authorities' access to Project Contracts, 2017

The Independent Joint Anti-Corruption Monitoring and Evaluation Committee (MEC) during its July 2016 visit to Badakhshan found that local government institutions face a significant problem in monitoring the implementation of the major project contracts. In discussions with provincial authorities many mentioned a large number of projects approved in Kabul are being managed without their access to a copy of the contracts. Due to lack of access to the contract details, the local administrations cannot properly conduct their monitoring activities. Many officials noted this as a significant corruption risk, because powerful corrupt contractors could ignore local concerns, knowing that they would be protected in Kabul. The availability of contracts while implementing the project in the area could prevent some of these potential problems in the projects’ implementation and improve local ownership. Considering these claims, MEC initiated an examination of this issue across five provinces. The results were quite different from one province to another: Balkh 20%, Kandahar 30%, Herat 50%, Bamyan 70%, Badakhshan 90%. There were different views on this issue from Kabul and from the provinces. The central view was because of the low capacity in the provinces and the fear of misuse by local authorities under the name of supervision. For example: “If the copies of contracts are shared with the provincial directorates, it will create proliferation of monitors and pave the way for more corruption. For example, when the Provincial Councils had oversight authority, the members of Provincial Councils were acting as they were the investigators and prosecutors and they misuse their authority. From the Provincial side, From the Provincial side, the reasons were quite diverse: - In Balkh, they have managed and used the local capacity and obligated the ministry and contractors to have the copy of contracts available before starting the projectwork. No contractor can proceed with work on a project in the area, unless they share all the technical documents with the provincial officials. Balkh’s governor has directed the subordinate directorates, particularly district governors, not to allow the contractors to proceed with work on projects without the written permission of the Governor’s office. - In Bamyan Province, the Directorate thinks they do not need the copy of contracts, stating: “this is the duty of Ministry; we have nothing to do with contracts and copy of contracts.” - Both Badakhshan and Herat experience problems because of not seeing the contracts. For example, the Director Public Works in Herat Province noted that, “beside the fact that the copies of contracts are not being shared with the Directorate of Public Works, the second problem is that the mentioned Directorate is making unauthorized interventions to oversee the projects progress.”