Of Interest: SIGAR’s New Lessons Learnt Report on Afghanistan

The Special Inspector General for Afghanistan Reconstruction (SIGAR) released at the end of May 2018 its latest “lessons learnt” report covering the period 2002-2017.  It is chock full of information for anyone who is interested in “development” work.

For those who follow “rule of law” issues, and especially for those who actually are working in Afghan-related projects, the following excerpts strike, at least to me, a very familiar chord.

Even within dispute resolution, the U.S. government chose to focus on formal rule of law, rather than informal rule of law, also called traditional dispute resolution (TDR). TDR in Afghanistan employs a varying mixture of traditional, community-specific norms, and Islamic legal principles, or sharia. 1015 As early as 2007, international legal experts highlighted the coalition’s inattention to informal justice, even though an estimated 80–90 percent of Afghan disputes are handled through TDR, and many Afghans have more faith in it than in formal dispute resolution. 1016

The U.S. government spent more than $1 billion on rule of law programming in Afghanistan between 2003 and 2015, of which less than $100 million (approximately 10 percent) was spent on enhancing informal rule of law. 1022 State’s 2009 rule of law strategy—the only one it drafted—recognized the importance of TDR to Afghans, even calling it a “pillar” of the coalition’s effort; however, the balance between funding for formal and informal rule of law programming did not seem to reflect this recognition. 1023  Worse, the kind of dispute resolution promoted by formal rule of law programming was not only considered corrupt, but also foreign to most rural Afghans.

In my many years of working in international settings doing “development” work, I have found that one of the biggest problems is overcoming individual egos and the posturing that comes with those egos.  “Development” work is not just altruistic:  there is a lot of money to be made and prestige to be gained.  There is a door that is always “revolving” between the implementer, the donor, the supervising entity, the inspecting authority, the academicians, and other intellectuals.  It is human nature.

However, once in a while, it is good to read that some of the lonely and knowledgeable individuals who pointed out some of the flaws in design were vindicated.   Note that I don’t use the term “expert”, because, in my work, most experts are really “Rupertos the “expertos””.  (My own label for the last few years has been “subject matter expert”!).

SIGAR’s Lessons Learned from Public Sector Development Support in Afghanistan.

SIGAR* has released its 3rd lessons learned report on Afghanistan’s public sector development.  It makes interesting reading if you follow Afghanistan, care about international development, and pay attention to how international aid funds are managed.

The lessons learned, which are summarized below, are U.S. Government- and Afghan-specific, but they can apply to any “development” policy and program implementation considerations.  There is nothing new under the sun:  (i) we always fail to take into consideration the magnitude of the projects involved, (ii) we are arrogant in our determination that we know better -even if we have never lived abroad and have zero sense of what other cultures are like (and, mind you, you can never quite know about this unless you live among them and learn from them)-,  (iii) donor countries’ government official “experts” come and go way too quickly to make much of a difference, (iv) we always underestimate the extent that corruption -as we define it- might be someone else’s way of life, and, (v) “change”, if there is going to be any, is a painful process that threatens many, making them feel extremely vulnerable and reticent to engage in it.

From my limited experience, any “development” process needs to ensure that the rule of law is the foundation.  You cannot develop a justice sector dealing with just the “criminal” side of justice.  Commercial, economic, private sector, education, infrastructure, land rights, health, etc., development programs have to have the proper legal foundation first.  You cannot create the program first and then develop the regulatory framework later.  Further, you cannot ignore the children and their schooling.  Whatever “development” programs are accepted by the host country (whether they involve building a dam, helping women obtain micro loans, or drafting a new penal code), the underlying premises that will make the programs sustainable need to be introduced at an early age.

LESSONS

This report identifies 12 lessons drawn from the U.S. experience with private sector development and economic growth in Afghanistan.
1.  It is not realistic to expect robust and sustainable economic growth in an insecure and uncertain environment.
2.  Establishing the foundational elements of an economic system at the beginning of a reconstruction effort sets the stage for future success.
3.  Any new economic system which represents a break with a host nation’s past knowledge and practice must be introduced carefully and with sufficient time to ensure adequate buy-in and the development of the robust institutions required to maintain it.
4.  Spending too much money too quickly can lead to corruption and undermine both the host nation and the goals of the United States, while too abruptly reducing funding can hurt the economy.
5.  Inadequate understanding and vetting of the webs of personal, sometimes criminally related, networks can allow elites to control economic activity at the expense of open and competitive markets.
6.  Successful private sector development efforts must be nested within the development of the rule of law and overall good governance.
7.  The choice of a model for economic growth must realistically acknowledge a country’s institutional and political environment and its physical endowments.
8.  The provision of grants and below market rate loans can undermine commercial banks and other market-oriented institutions and create unsustainable businesses.
9.  Support to businesses and government institutions needs to be tailored to the environment.
10.  Clear agreements on institutional roles, responsibilities, and lines of authority, reinforced by human resource policies that fit a post-conflict environment, are necessary for an effective private sector development strategy and for overall development.
11.  Rigorous monitoring, evaluation, and analysis, which transcend individual projects and programs, are necessary to understand the effectiveness of private sector development interventions.
12.  Investments in human capital have significant returns, although it may be years before they are realized.

___________________

*Special Inspector General for Afghanistan Reconstruction

Of Interest: OIG Audits, Inspections and Reports – A Window into Contracting Operations of the US State Department

Some of us have quirky habits.  I happen to love etymology and thoroughly enjoy doing research.  As my children can well attest, I drilled into them never really to believe what they read or are told is fact; always verify the information and go to the source, whenever possible.  Even those “experts” in their fields, whether in government or out, make mistakes or may not know their subject matter as well as they think they do.

One of the things I learnt working on U.S. Government programs, whether they be contracts or grants, is that the Offices of the Inspector General (OIG) of the various government agencies put out some interesting reports that have a wealth of information.

I find these audits/reports very useful to understand:

  • what a particular agency’s strengths and weaknesses might be,
  • what the contractor/grantee can do to help the agency overcome its weaknesses,
  • what the competition’s competencies and limitations are.

Even if the audit or report pertains to a certain agency or distinct area of performance or a specific geographical place, many of the issues usually addressed do apply across the board.

For example, the latest OIG audit on contract invoicing review by the Bureau of Narcotics and International Law Enforcement Affairs (INL) actually explains the invoicing process as well as the regulations that apply to invoicing.   Program implementation benefits immensely from having program managers or contracts representatives aware of these resources.

Of course, keeping abreast of all these resources requires an enormous amount of time devoted outside of the regular work day.  However, if you are quirky, like me, it is extremely rewarding!

 

Of Interest: Afghanistan and The Book of Kings or Shahnameh

As I have mentioned many a time, I have a soft spot in my heart for Afghanistan, and the work I was involved with for years opened a window into a fascinating world of beauty and history.  I used to pester colleagues with my “Of Interest” emails, in which I would relate things that made me ponder.  Now, I shall not just ponder, but actually read The Book of Kings:

Samangan is one of Afghanistan’s 34 provinces.  What I did not know, is that it is also the setting of an epic love story, that comes from the Persian equivalent of the Odyssey and the Ilyad:  The Book of Kings, or Shahnameh.

The story, written in verse around 1,000 years ago by Persian poet Ferdowsi, tells how a mighty warrior, Rustam, makes it all the way to Samangan, seeking his lost horse.  While the guest of the king, Rustam retires to his chambers, after enjoying a sumptuous meal with the king, only to be woken up by the king’s daughter, Tahmineh, who declares her love for the warrior.  That one night of passion, that results in a marriage, yields a son, whom Rustam will only meet in battle many years hence.

The woeful story of Rustam and Tahmineh and their son Sohrab starts like this:

STORY OF SOHRÁB
O ye, who dwell in Youth’s inviting bowers,
Waste not, in useless joy, your fleeting hours,
But rather let the tears of sorrow roll,
And sad reflection fill the conscious soul.
For many a jocund spring has passed away,
And many a flower has blossomed, to decay;
And human life, still hastening to a close,
Finds in the worthless dust its last repose.
Still the vain world abounds in strife and hate,
And sire and son provoke each other’s fate;
And kindred blood by kindred hands is shed,
And vengeance sleeps not—dies not, with the dead.
All nature fades—the garden’s treasures fall,
Young bud, and citron ripe—all perish, all.

And now a tale of sorrow must be told,
A tale of tears, derived from Múbid old,
And thus remembered.—

What a beautiful translation!  It is so true that “All nature fades–the garden’s treasures fall, young bud, and citron ripe–all perish, all.”  

You can find the whole translated epic in Project Gutenberg.  There is also a new illustrated version of the Shahnameh, that has been a labor of love for filmmaker Hamid Rahmanian.

Rustam in Samangan meets the King’s daughter, Tahmineh.

The Atlantic Magazine and CNN have interesting articles explaining the new version of the Shahnameh.

Enjoy!

SIGAR’s Advice on Program Implementation.

The Special Inspector General for Afghanistan Reconstruction (SIGAR) produced an audit of a Department of Defense (DOD) $635 million program in Afghanistan -the Task Force for Business and Stability Operations (TFBSO), which yields some self-evident and interesting points:

Taking the following actions might improve such an entity’s ability to implement programming and achieve results:

• Define the entity’s mission, scope, and objectives in clear and measureable terms.
• Authorize the entity for longer than 1-year intervals to reduce uncertainty about its future and allow it time to plan ahead for its projects.
• Direct the entity to:

o Develop contract planning policies that emphasize the importance of understanding host-country or local dynamics and obtaining buy-in from all stakeholders before executing a project;
o Develop and implement action plans to minimize the award of  oncompetitive and sole-source contracts;
o Develop and implement action plans to ensure that its staff has adequate training and experience in developing contract requirements and providing contract oversight;
o Work with a single primary contract administration office when developing performance work statements to ensure consistency in drafting requirements;
o Develop management systems to track project metrics, civilian travel, and government-furnished equipment;
o Develop and implement a document retention policy; and
o Develop monitoring, evaluation, and sustainment plans for all projects so that their economic impacts can be accurately measured and sustained, and if necessary, assets can be transferred to an enduring partner.

SIGAR mentions that DOD was given the opportunity to comment on the audit.  Something that struck me was SIGAR’s comment to DOD’s comment, which -in my experience- is the crux of development aid or foreign assistance (emphasis in bold below is mine):

It is important to understand the difference between projects that met or partially met their contractual deliverables and projects that actually met or partially met their program objectives.  DOD is correct in observing that this report finds the contracts directly supporting 16 TFBSO projects generally met their contract deliverables and that contracts directly supporting 12 projects partially met their contract deliverables (or in one case, met them after significant delay). However, just because some TFBSO contractors met their contract deliverables in whole or in part does not necessarily mean that the projects they supported had successful or sustainable outcomes. For example, there are several documented cases where TFBSO contractors completed construction and equipment of a facility, but TFBSO was unable to locate a private company able to operate and maintain it, leading that facility to fall into a state of disuse or disrepair.  Furthermore, as we note in the report, because TFBSO did not consistently track outcomes data, such as the jobs created and government revenues generated by their projects, TFBSO was generally unable to demonstrate whether its projects met its overall objectives to “reduce violence, enhance stability, and support economic normalcy in Afghanistan.”

At the end of the day, what worries me is that many in government and the private sector voice these concerns; however,  not often are the solutions offered taken into account, or, worse still, they are quickly forgotten.  In my own experience, these concerns and suggestions have been made for decades.  I have a theory -which I will try to articulate later- as to why we seem to reinvent the wheel…

 

An Afghan Prison, a Loom, a Heater, and Cinderella’s Slipper.

My Afghan friend sent me an article from The Economist today, with the harsh comment: NO COUNTRY imprisons a larger share of its people than America.” , which made me thing of my Afghan experience…

A few years ago I thought that one day I would be able to write about my experiences visiting an Afghan prison.  I am one of those lawyers who has never seen the inside of a prison, except for some, like Robben Island, that today are museums.

Despite the time that has gone by, it is still all too fresh in my mind and I cannot quite capture the myriad of emotions I went through while visiting this place.  It had to be one of the strangest, most surreal, perturbing, curious, worrying, enigmatic, perplexing, and frankly- bizarre yet hopeful experiences of my entire life.  Am sure there are more adjectives to describe my emotions.

I had the rare opportunity to visit the cells, talk to the prisoners -the young ones in English, the older ones with an interpreter- and observe a selected few in their rehabilitation or vocational environments that involved working with metal, leather and wool.

The prisoner cobblers were working on creating charming women and girls’ shoes.  There was something touching to see these men (all convicted hard-core criminals) cutting and gluing and nailing together all these shoes.  There was a master cobbler who was teaching the prisoners how to be shoemakers.

We did not speak the same language.  We come from different worlds.  They were making useful and pretty things; some prisoners seemingly delighting in the novelty of a visit by strangers… others oblivious to anything other than tending to their craft with serious and meticulous concentration.  One of these days I will share the entire experience.  Indeed, it has all to do with Rule of Law.  I just need to figure out how best to share this…  These not-so=good photos were taken by yours, truly.

A prison cobbler tending to his trade. A prison cobbler tending to his trade.

Made in prison: a Cinderella slipper. Made in the largest prison in the world:  a Cinderella slipper.

A prison loom. A prison loom.

Hand-made water heaters from corrugated metal. Hand-made water heaters from corrugated metal.