VZCZCXRO2729
RR RUEHDBU RUEHPW RUEHSL
DE RUEHBUL #3986/01 3441507
ZNR UUUUU ZZH
R 101507Z DEC 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC 3910
INFO RUCNAFG/AFGHANISTAN COLLECTIVE

UNCLAS SECTION 01 OF 02 KABUL 003986 
 
SIPDIS 
SENSITIVE 
 
DEPARTMENT FOR SRAP STAFF, SCA/A, AND INL 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS KCOR AF
SUBJECT: EMBASSY URGES THE HIGH OFFICE OF OVERSIGHT (HOO) LEADERS TO 
TAKE DECISIVE STEPS TOWARDS REFORM 
 
¶1.  (SBU) Summary:  Coordinating Director for Development, 
Assistance and Economic Affairs, Ambassador Anthony Wayne, met with 
leaders of the High Office for Oversight of Implementation of the 
Anticorruption Strategy (HOO) on December 8 to discuss future reform 
and restructuring of the HOO and its legal foundations.  The 
Ambassador expressed the need for a more independent and empowered 
anti-corruption authority for Afghanistan.  HOO officials receptive, 
but emphasized the importance of any new changes being presented as 
Afghan proposals. At a press conference organized the next day in 
recognition of International Anti-Corruption Day, HOO Director 
General Mohamed Yseen Usmani called for reform of the HOO, and 
requested international assistance in establishing an oversight 
element.  End summary. 
 
BACKGROUND: CONSENSUS AMONG INTERNATIONAL PARTNERS IN AFGHANISTAN 
THAT REFORM OF THE HOO IS NEEDED 
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¶2.  (SBU) Background: International donors in Kabul have devoted 
significant time and energy over the past three months to discussing 
the appropriate form and function for an improved and strengthened 
anti-corruption authority in Afghanistan, a conversation that gained 
momentum with the statements of the Secretary of State and U.K. 
Prime Minister before the Presidential inauguration.  While some 
Kabul delegations, particularly United Nations agencies, are 
skeptical of the need for wholesale restructuring, there is general 
agreement among many diplomatic missions, including the U.K. and 
U.S., that the current HOO does not have sufficient authority, 
independence, or capacity to effectively lead anti-corruption 
efforts in Afghanistan.  There is general consensus that the current 
HOO law needs significant revision to better define corruption and 
give greater powers and independence to the HOO, and that an 
international board should be appointed in some capacity to help 
oversee and direct the operations of the HOO. 
 
¶3.  (SBU) In addition to the empowered international board, the U.K. 
also advocates for a name change, that will demonstrate their new 
authority while keeping their small momentum and capacity.  Embassy 
Kabul has actively participated in these discussions and largely 
concurs with U.K. proposals.  Post's recommendations on HOO reform 
will be transmitted septel.  End background. 
 
EMBASSY URGES INDEPENDENCE AND INTERNATIONAL OVERSIGHT 
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¶4.  (SBU) Coordinating Director for Development, Assistance, and 
Economic Affairs, Ambassador Anthony Wayne, met on December 8 with 
Professor Mohammed Yasin Usmani, Director General of the HOO, and 
Ershad Ahmadi, Deputy Director General.  Sepideh Keyvanshad of the 
Office of the Special Representative for Afghanistan and Pakistan 
also participated in the discussion as did USAID anti-corruption 
advisor.  The objective of the meeting was to present the 
expectations of the USG and other donors for a truly independent 
anti-corruption agency that includes international participation. 
The meeting was in anticipation of a press conference the HOO held 
on December 9 to mark International Anti-Corruption Day, and a 
December 15-17 national conference on anti-corruption. 
 
¶5.  (SBU) Ambassador Wayne presented the following expectations 
regarding the future of the HOO or a follow-on institution: 1) a 
robustly independent anti-corruption body with investigative powers 
and advisory role on prosecution, along with firm benchmarks/targets 
that cannot be manipulated; 2) an oversight advisory board for that 
body that includes international experts and has a strong role in 
appointments and direction; and 3) a comprehensive legal foundation 
supporting all anti-corruption efforts by a fully empowered 
anti-corruption body.  He also highlighted that although an 
anti-corruption office is a key player in the fight against 
corruption, the U.S. recognizes that the overarching institutional, 
legal, and procedural architecture must also be strengthened as well 
as law enforcement institutions.  Greatly improved public financial 
management and auditing, for example, as well as strong law 
enforcement institutions (reftel) are essential elements of this 
architecture. 
 
"LET AFGHANS TAKE THE LEAD" 
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¶6.  (SBU) Director General Usmani received these points positively 
and agreed that the HOO, in its present form, is not effective for 
meeting the challenges of combating corruption in Afghanistan.  He 
recognized the need for complete reform, including independence and 
much-strengthened powers.  He also affirmed that the recent 
statements by the Secretary of State, U.K. Prime Minister, and U.S. 
Special Representative for Afghanistan and Pakistan have created the 
space for proposing transformative changes in Afghanistan's 
anti-corruption body and efforts.  He stated that Afghans are happy 
about these statements, as they are also with the fact that the U.S. 
is interested in this very important issue. 
 
KABUL 00003986  002 OF 002 
 
 
 
¶7.  (SBU) The Director General indicated HOO officials have been 
considering similar ideas as they have encountered the challenges in 
their first year of operation.  They have identified the need for a 
truly independent body that can be protected from undue influence; 
the potentially helpful role of an international advisory board that 
would also include representatives of civil society and the media; 
and the need to further define the resource and structural needs of 
such a body.  At the same time, the Director General stated that he 
needs to study the ideas further and would have to carefully examine 
the legal requirements for establishing such a body quickly and for 
creation of an advisory board.  He noted, for example, with regard 
to the possible powers of an advisory board, that the President 
would need to concur in senior appointments to a reformed 
organization and an advisory board. 
 
¶8.  (SBU) Most importantly, the Director General emphasized that 
these need to be seen as Afghan initiatives, not ideas imposed by 
internationals.  He agreed that his December 9 speech would endorse 
the general principles, but that the best time to present a more 
detailed set of proposals with regard to transforming the HOO into a 
more effective anti-corruption body would be the upcoming national 
conference on December 15-17 in Kabul.  Usmani said he did not 
foresee objections from the President to his proposals, though he 
predicted possible resistance from the Attorney General's office, 
given that proposed changes to HOO include greater investigatory 
powers and an advisory role on prosecutions. 
 
 
INTERNATIONAL ANTI-CORRUPTION DAY PRESS EVENT 
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¶9.  In the December 9 press conference, organized the next day in 
recognition of International Anti-Corruption Day, HOO Director 
General Mohamed Yaseen Usmani called for reform of the HOO, and 
requested international assistance in establishing an oversight 
element.  His speech endorsed legal and institutional reforms to 
strengthen the fight against corruption, and requested civil 
society, the media, and the international community "to establish an 
advisory board to support the existing institutional framework and 
ensure transparency and improve the fight against corruption."  He 
said he would present several of these proposals for the overhaul of 
the HOO to President Karzai prior to the conference, including the 
idea of an advisory board including substantial international 
participation. 
 
COMMENT: BABY STEPS IN THE RIGHT DIRECTION 
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¶10.  Comment:  The meeting with HOO officials was an important first 
step to show the U.S. is committed to a significantly transformed 
anti-corruption authority in Afghanistan.  At the press conference 
the following day, HOO officials demonstrated their commitment to 
undertake many of the steps recommended by Ambassador Wayne.  On 
December 15-17, the HOO will host a national conference on fighting 
corruption to include international participation.  These modest 
steps suggest that the facets of the Afghan government are currently 
heading in the right direction.  However, we caution that 
transformation of the HOO is just one of many initiatives that the 
Afghan government will need to undertake, with legal authority and 
in good faith to make a measurable difference in fighting 
corruption.  End comment. 
 
Ricciardone