International Development Law Organization

Afghanistan

English

Afghanistan emerged from Taliban rule in 2001 as an institutional wasteland. The justice deficit was acute, making the country a test case for law-based nation-building. Ever since, IDLO has been working with the Afghan government to drive judicial reform and foster the rule of law. And as Afghanistan takes charge of its own future, IDLO has been stepping up efforts to expand legal capacity and promote human rights. Advancing legal protection for women and combating gender violence have been among our priorities. IDLO has helped create an infrastructure of legal aid to victims, while supporting the prosecution of crimes against women and girls.

But Afghanistan remains a brittle post-conflict society. We have trained Afghan public defenders, empowered the poor to seek legal aid, and helped build legal resources in most of the country’s provinces. We have developed legal textbooks, reconstituted an entire pre-war body of lost law, and contributed to the establishment of a law library at the University of Kabul. Thousands of Afghan legal professionals – judges, prosecutors, defense lawyers, MPs, civil servants and academics – are benefiting from this knowledge transfer.

Afghanistan has been an IDLO member party since November 2012.

Reducing the Impact of Insecurity on Afghanistan’s Legal System

For over 15 years, IDLO has been assisting the Government of the Islamic Republic of Afghanistan develop accessible, accountable, effective and efficient justice sector institutions. While significant progress has been made, many challenges remain, frequently perceived to be rooted in the ongoing conflict, the impact of insecurity and the public’s fear for their safety. There is a strong need to address the concerns and goals of the justice sector and find innovative solutions and methods to strengthen its resilience.

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Key Initiatives

  • For over 15 years, IDLO has been assisting the Government of the Islamic Republic of Afghanistan develop accessible, accountable, effective and efficient justice sector institutions. While significant progress has been made, many challenges remain, frequently perceived to be rooted in the ongoing conflict, the impact of insecurity and the public’s fear for their safety. There is a strong need to address the concerns and goals of the justice sector and find innovative solutions and methods to strengthen its resilience.
  • The revised Afghan Penal Code entered into force in February 2018. This called for an urgent need to build the capacity of justice professionals to handle cases in compliance with the revised Code. In response, the Supreme Court, Attorney General’s Office and Ministry of Justice turned to their nascent professional training departments. However, the maturity, capacity and resources of the departments vary, and extra support is required to enable them to deliver the task effectively.
  • While the justice sector in Afghanistan has progressed since the fall of the Taliban in 2001, legal awareness and access to justice throughout the country are still lagging behind. A 2016 World Justice Project report found that only 23 per cent of Afghan citizens used the formal justice system to settle disputes, and less than half reported to have trust in the state courts. As a result, and combined with the pressure of social norms, potential justice users, particularly women, are deterred from using the formal system and are often unable to obtain fair remedies for grievances
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