Missing in action 2011 edited by w mason particularly the rule of law and the weight of politics. Afghanistan rule of law project checchi and company consulting, inc. Afghanistan fintraca, it has become a major hub for terrorist and illicit finance intelligence collection, analysis and dissemination. Afghanistan reconstruction includes any major contract, grant, agreement, or other funding.
Islamic republic of afghanistan ministry of justice. Law have not yet been drafted, making enforce ment a major challenge. It has developed over centuries and is currently changing in the context of the rebuilding of the afghan state. It also serves to meet obligations under international law to which afghanistan is a signatory, including the. Afghanistan remain ideologically hostile to many of the rights that many women have started to enjoy since the fall of the taliban, such as freedom of movement, freedom to work, and the right to. Law on elimination of violence against women evaw chapter one general provisions basis article 1 this law has been enacted in accordance with the provisions set forth in articles 24 and 54 of the afghan constitution. The landmark legislation criminalizes for the first time in afghanistan child marriage, forced marriage, forced selfimmolation and. An introductory text to train law students in afghanistan, created by the afghanistan legal education project alep at stanford law school.
Yohannes gebremedhin a successive law or when the purpose for staying under public ownership ceases to exist article 483 civil code. The nevada revised statutes nrs are the current codified laws of the state of nevada. The sustainable development that will help afghanistan meet its many challenges, bring an end to poverty, and ensure security and stability for our country will take longer than a single generation to realize. Timothy mathews juris doctor, 2011 university of maine school of law timothy. In order to be registered, ngos must submit an application to the ministry of economy ngo law article 4.
Although afghanistan afghan empire was made a state in 1747 by ahmad shah durrani, the earliest afghan constitution was written during the reign of emir abdur rahman khan in the 1890s followed by the 1923 version. Presidential decree of the islamic emirate of afghanistan concerning enforcement of the labor law of the islamic emirate of afghanistan. The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates western societies from the benighted ones in which they increasingly intervene. New afghanistan law to silence victims of violence against. Harmful traditional practices and implementation of the. The legal systems of afghanistan ofurhe igbinedion. Afghanistan s evaw law and the provision for nondiscrimination on the basis of gender found in article 22 of the constitution of afghanistan 2004. New afghanistan law to silence victims of violence against women this article is more than 6 years old small change to criminal code has huge consequences in. Objectives article 2 this law has the following objectives. In many ways, afghanistans commercial legal system is still in the early stages of a rebuilding process.
The wests tenyear intervention in afghanistan has left it a lawless and insecure place. The report assesses efforts by afghan institutions and international donors to develop the apparatus. First edition was drafted by stanford law students alexander k. Since these references cover a broader survey of afghan law, they necessarily go into less depth. The government of afghanistan took a big step forward in support of womens equality and protection of womens rights when it enacted the law on the elimination of violence against women evaw law in august 2009. Two years into the process of rebuilding afghanistan, and in the wake of the adoption of a new constitution in january 2004, this report evaluates the progress that hasand has notbeen made in establishing the rule of law in afghanistan. Islamic republic of afghanistan this central website of the islamic republic of afghanistan provides information on afghanistans national budget, the governments donor assistance database, and on major international conferences on. Mountains occupy all but the northcentral and southwestern regions of the country, which are dominated by plains.
English translations are provided for reference purposes only and are. On august 20, 2008, the american university of afghanistan auaf in kabul inaugurated the firstever class of its new legal curriculum. The full implementation of the national action plan for the women of afghanistan napwa is a high level benchmark under the afghanistan compact and the iands. Islamic republic of afghanistan president decree on endorsement of the labour law no. Civil aviation law 82 civil aviation regulations law for facilitating civil aviation in afghanistan 1957 36 law of civil aviation in afghanistan 1957 35 law of couriers in afghanistan 1935 14 law of highway traffic 60. There is virtually no tradition of labormanagement dialogue in the country. Family law today in afghanistan for sunni muslims in afghanistan, family law is governed by the civil code of 1976, which is drawn from the french civil code, and from egyptian law, but with roots going back to the first marriage law in afghanistan in the 1920s. In many ways, afghanistan s commercial legal system is still in the early stages of a rebuilding process. Introduction to afghanistan labour law linkedin slideshare. The legal system of afghanistan consists of islamic, statutory and customary rules. Under article 79 of the constitution of afghanistan i hereby, endorse as a legislative decree, the labour law that has been approved by the council of ministers through approval no 35 dated. Afghanistans evaw law and the provision for nondiscrimination on the basis of gender found in article 22 of the constitution of afghanistan 2004.
Law on elimination of violence against women evaw refworld. The constitution of afghanistan is the supreme law of the state of afghanistan, which serves as the legal framework between the afghan government and the afghan citizens. Law requires at least two founders, who may be domestic or foreign, natural or legal persons, at least one of whom has a residence and exact address in afghanistan ngo law article 111. Law on procedure for obtaining rights hoqooq regulations et 9. Law enforcement in afghanistan is one of three major components of the nations criminal justice system, along with courts and corrections.
The law of the press of afghanistan by article 19 global campaign for free expression london september 2002 introduction on 5 september 2002, an international seminar bringing together representatives of the afghan government, local civil society and the international community adopted a declaration on promoting an independent and pluralistic. Thus, they provide ideal introductions to the afghan legal system. The afghanistan national peace and development framework anpdf is a fiveyear strategic plan for achieving selfreliance. The supreme law of the land is the constitution of afghanistan. The afghanistan analyst law bibliography 4 th edition january 20 compiled by. Politics, elections, and government performance congressional research service 2 afghan ethnicities, communities, and their relationships even though many areas of afghanistan, particularly urban areas, have modernized politically and economically since the fall of the taliban, patterns of political affiliation by family, clan. Widespread harmful traditional practices child marriage, giving away girls for dispute resolution, forced isolation in the home, exchange marriage and honour killings cause suffering, humiliation and marginalization for millions of afghan women and girls. The rule of law in afghanistan edited by whit mason. Labor law chapter 1 general provisions the basis article 1. Under article 79 of the constitution of afghanistan i hereby, endorse as a legislative decree, the labour law that has been approved. See also eia regulation 5 before submitting an application, the applicant shall conduct a screening process and complete a screening report that is consistent with international best practice set out in schedule iii of these regulations and submit it to the nepa to make a decision. To explore attempts to introduce the rule of law in afghanistan 4. Afghanistan, and give the gender advisor the authority to monitor and ensure compliance with international human rights and humanitarian law, and also to undertake wide consultation with all.
Family law in afghanistan family law today in afghanistan. For afghan legal history, see section 3 of this bibliography. Chapter i general provisions chapter ii recruitment and employment contract chapter iii hours of work chapter iv the right to rest and leave chapter v wages chapter vi vocational training and skill development of service. The people of afghanistan continue to be victims of gross violations of basic labor rights. The threat finance networks in afghanistan consist of. Afghanistan government web site links to the ministries, constitution, agreements, and law. The nevada administrative code nac is the codified, administrative regulations of the executive branch. Index of afghanistan laws united states agency for. In response to this need, stanford law schools afghanistan legal education project alep began in. Afghanistans alternatives for peace, governance and development. Information from atfc is available to the law enforcement, intelligence, military and diplomatic communities. An introduction to the law of afghanistan in searchworks.
The state has recently strengthened its grip over land based on a statute of limitation. A study of the constitutions, matrimonial law and the judiciary volume 36 of social, economic and political studies of the middle east and asia, no 36. The evaw law is considered a very progressive law within the context of afghanistan. This volume of essays argues that a profound lack of understanding of the rule of law, something that separates western societies from the benighted ones in which they increasingly intervene, is to blame. The environment law therefore clearly states the environmental. Legal issues in afghanistan land titling and registration dr. Muslim women need access to law that is the most just to them. Eight months later, however, on 18 december 2005, the afghan cabinet approved legislation that for the first time gives afghanistan the legal power it needs to begin bettering its environment. How, despite the enormous investment of blood and treasure, has the wests tenyear intervention left afghanistan so lawless and insecure. In afghanistan, the daripashto version of the law is the official version. The terrain of afghanistan is dominated by rugged mountain ranges, which generally run from the northeast to the southwest. Library of congress federal research division country profile. Provisions of this act are applicable in letter and spirit.
Designed by the alep team, this foundational course offers students a comprehensive overview of the. Challenges and perspectives until 2020 9 1 workshop report 1. The afghan national police, which includes the afghan border police and the afghan national civil order police, is the police force of afghanistan with. As afghanistan s economy has evolved, so has its commercial law. With this national action plan for the women of afghanistan, we are taking iands one step forward by translating its gender commitments and strategies into operational terms. There are no known labor courts or other mechanisms to resolve labor disputes. In addition, there is complex legislation which stems from different historical periods. Based on provision of article 79 of the afghan constitution, i hereby, endorse the law on elimination of violence against women that has been approved by the. The government of afghanistan has recognised that in an agrarian, natural resourcedependent, developing country like afghanistan, it would be more appropriate and effective to manage resources at a communitylevel, rather than implement centralised resource management. Special inspector general for afghanistan reconstruction. As afghanistans economy has evolved, so has its commercial law. Known as the environment act, the law clarifies administrative roles at the national level and coordination with provincial authorities.
Article 1 in accordance with article 50 of the afghanistan constitution, this law has been enacted to establish sound administration, to implement reforms in the administrative system, and to regulate the activities of the civil service. Legal issues in afghanistan land titling and registration. Rule of law in afghanistan hatem elliesie startseite max planck. Civil law of the republic of afghanistan civil code. The national directorate of security nds is the intelligence agency of the government of afghanistan. The environmental law creates a regulatory framework for the sustainable use and management of afghanistans natural resource base, and provides for the. Special inspector general for afghanistan reconstruction sigar. Several new business laws have been enacted since the adoption of the 2004 constitution, and as of 2008, others were in the process of being drafted. Implementation of the law on elimination of violence against women in afghanistan and its previous reports on violence against women and girls in afghanistan. Max rettig joined the founding members for the revised edition. This law has been enacted in accordance with article 48 of the constitution of afghanistan to regulate and clarify the obligations, rights, privileges and social security of employees. This type of law is sanctioned by the afghan constitution of 2004. Introduction to the law of afghanistan legal studies 200.
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