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Shake-up in MoPH violates law

Killid has investigated reports of a scam in appointments in the Ministry of Public Health (MoPH). Tens of appointments have been made of “temporary employees” in place of those who were sacked in violation of the civil service law. Killid has investigated reports of a scam in appointments in the Ministry of Public Health (MoPH). […]

نویسنده: TKG
20 Jul 2015
Shake-up in MoPH violates law

Killid has investigated reports of a scam in appointments in the Ministry of Public Health (MoPH). Tens of appointments have been made of “temporary employees” in place of those who were sacked in violation of the civil service law.
Killid has investigated reports of a scam in appointments in the Ministry of Public Health (MoPH). Tens of appointments have been made of “temporary employees” in place of those who were sacked in violation of the civil service law.

The sacked employees say that the MoPH has followed tribal considerations instead of  professional qualifications. The report of the Commission of Administrative Reform and Civil Services (CARCS) also says that many new employees have been appointed without passing the eligibility test as temporary employees or acting managers (these employments are contrary to law) and the CARCS sent a recommending letter to MoPH two months ago but has heard nothing while the temporary staff continue to work.

The CARCS has requested the state administration office and office of special envoy for better governance and reforms  of president to review the illegal appointments and end the practice.

The office of the special envoy has responded and acknowledges that 90 percent of employees are political appointees, or have influence with Members of Parliament (MPs) and others, according to Rahmatullah Bezhanpoor, the spokesperson and advisor to the office of the special envoy.

Authorities in the complaints’ commission of parliament also confirm that many sacked employees of MoPH have complained about their illegal dismissal. The complaints commission says that it has shared the issue with the State Administration Office but nothing has happened.

The law is that any type of selection and appointment of civil servants should be communicated to CARCS.

Authorities in MoPH have ignored some of the questions regarding the sacked employees but say that the leadership was not able to deal with some employees and hence they were sacked.

Non-competitive recruitment

Killid’s findings show that the former and new leadership of MoPH has acted contrary to the law of civil services (Article 10) and arbitrarily employed many tens of new staff as acting managers. The law clearly states qualified persons must be appointed to vacant positions on the basis of merit and professional qualifications.

On May 29, CARCS set up a commission to review and monitor appointments in MoPH.  The CARCS has deemed the employment of following individuals as illegal:

• Dr Asadullah Fazli through P-2 (P-2 is a special form for making new appointments) number 108834 dated 8 Feb 2015 was employed as in charge of monitoring of  Completion of Specialty.

• Dr Ataullah P-2 number 124815 dated 25 March 2015 was employed as technical officer of nutrition department in emergency cases and also caretaker of a general department that was yet to be set up.

• Esmayeel Kawoosi was employed on 7 March 2015 as head of public relations of secretariat of minister in grade three post through a non-competitive process. The assigned commission has found the educational documents of Kawoosi fake. Wahidullah Mayar, the MoPH spokesperson, denied the charge, and said the documents were sent to CARCS.

• Sardar Mohammad Parwez has been changed from a grade 4 post in the curative medicine department to grade 3 post as head of the immunisation department in place of Aqagul Dost through non-competitive process. Dost was employed as advisor to immunisation department.

• Dr Yama, son of Khial Mohammad was employed as in charge of Allergies Centre of Ibn Sina hospital, a grade 3 post; Sayed Hakim Shah, son of Sayed Arab Shah, employed as head of national medicine of the general pharmacy department (grade 3); Mohammad Fareed, son of Ghulam Eishan, employed as head of central workshops, a grade 3 post in the general administrative department, replacing Sayed Mustafa Hufiani who is now jobless. The latter told Killid that he was sacked by the MoPH leadership.

• Mohammad Zaher, son of Bai Mohammad is head of environmental hygiene of preventive medicine general presidency (grade 3); Mir Khaled, son of Ghulam Qader, was appointed head of PHS (primary health services) of Balkh province (grade 3); Waliaulhaq, son of Gul Pacha, head of district hospital of Ahmad Shah Mina of Kabul (grade 3) replaced Esmati who has been employed in the same position at the district hospital in Chelsoton area of Kabul.

Following the preparation of this report, the CARCS sent a letter on 12 May 2015 to the MoPH secretariat, urging it to stop the illegal appointments. The CARCS also warned the leadership of MoPH that continuation of this situation would damage the effectiveness of reforms.  The MoPH has ignored the letter.

Temporary employees

The documents received by Killid show that Dr Abdul Wali was employed as in charge of contagious diseases in the public health department of Kandahar, a grade 4 post but on 23 Feb 2015 he was appointed acting manager of Provinces Relations, a grade 2 post.

Also, Dr Baz Mohammad Sherzad, an officer in public health department of Paktia was employed contrary to his job description as temporary officer in the MoPH secretariat. CARCS has requested the leadership of MoPH to return the employees to their jobs, but no action has been taken.

Contractual employees

Based on part 6 of Article 7 of the law for civil servants, a contractual employee cannot be employed as acting manager but documents in Killid’s possession show violations by MoPH. In the case of Zulaikha, a contract employee, she was appointed acting manager of Pregnancy Health which has been criticised by CARCS. The commission has written to MoPH to cancel her appointment but she continues to hold the post.

Wahidullah Mayar, the MoPH spokesperson, confirmed the authenticity of documents with Killid, but said that while some appointments may have been against the law, it was for the sake of the improvement of the system. He cited a letter from CARCS urging MoPH to follow the law on employment and dismissal of employees. According to him, “If CARCS interferes in all employments and dismissal, this would be difficult for the leadership of every ministry.”

Mayar also accused some of the CARCS monitors of being “illiterate”, a charge that was dismissed by Allah Nawaz Sapai the head of executive board of CARCS. Most of the monitors of CARCS are well qualified, he said, and the commission has the authority to monitor the entrance exam and reporting, while the ministries have the right to select employees but must keep CARCS informed, which it has failed to do in many cases.

Killid’s investigation shows that Minister of Public Health Ferozuddin Feroz has recently dismissed many high ranking officers without satisfactory reason including Huma Kabiri from presidency of completion of specialty (grade 2), Sayed Mustafa Hofiani from department of central workshops (grade 3), Rahmanudin Babak from Internal audit (grade two), Dr Yusufi, the head of public health of Daikundi province (grade 2), and Dr Esmati, head of Ahmad Shah Mena Hospital in Kabul (grade  3).

Dr Hakim Aziz who was dismissed from the post of department of provinces relations says new appointments and dismissals take place on tribal, political and social considerations. He says he was sacked despite his years of experience and letters of appreciation from the World Health Organisation (WHO).

MoPH spokesperson Wahidullah Mayar insists the old staff were replaced in order to push through much-needed reforms in the ministry.

A source in MoPH who did not want to be identified said 300 new people have been hired as temporary staff, and they would be absorbed as soon as the positions are officially announced. The CARCS was not informed.

Meanwhile, there are 1,726 posts waiting to be filled, according to another source. No one would say why the posts are vacant.

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