Afghanistan Analysts Network – English

Posts tagged: Law

Law

Practising Law Under the Emirate: Afghan defence lawyers fight for space in a transformed justice system 

Hamed Pakteen •

After the fall of the Islamic Republic, the newly empowered Islamic Emirate radically overhauled the courts and the criminal justice system, elevating sharia as the sole source of law, along with the mullah-judges who now interpret Islamic jurisprudence. Defence lawyers, whose role is to protect the interests of the accused, have been marginalised, their professional […]

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Inside the Islamic Emirate’s Penal Code: Crime, punishment and authority in Afghanistan

Kate Clark •

The Islamic Emirate has circulated a new penal code to Afghanistan’s courts, standardising punishments for everything from insulting the ulema to forgery, taking and giving bribes and casting the evil eye. The Code was leaked to the human rights organisation, Rawadari, by someone in the government, presumably concerned about its implications for human rights and the rule […]

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Quilty 2nd time

How to Fight the Booming Opiate Economy? Harsher and progressive laws, but to no avail

Jelena Bjelica •

The opiate economy, as measured by the farm-gate value of opium, together with revenues from heroin production and trafficking of opiates to the Afghan borders, has become a crucial component of the Afghan economy, a recently released UNODC socio-economic survey found. This has evolved after years of increasing opium cultivation in the country. But, what […]

Economy, Development, Environment Read more

Afghanistan’s New Law on Freedom of Assembly: Limiting the space to demonstrate

Ehsan Qaane •

A new law on freedom of assembly is under consideration in Afghanistan. The National Security Council (NSC) decided to replace the current Law on Gatherings, Demonstrations and Strikes (hereafter called the Assembly Law) after the deadly explosion which targeted protesters in the Deh Mazang area of Kabul on 23 July 2016. A draft of the […]

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Cover of a collection of legal interpretations, comments and consultation published by the Constitutional Oversight Commission.

The Constitutional Oversight Commission in a Standoff with President Ghani: Defending their independence or covering up mistakes?

Ali Yawar Adili • Ehsan Qaane •

The Afghan government has found itself in a complicated legal tangle again. After the Independent Commission for Overseeing the Implementation of the Constitution (hereafter, Constitutional Oversight Commission) dismissed its chair, the president ordered an evaluation of the Commission’s performance in a move that looks designed to curtail its independence. Although the legal basis for the […]

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Confusion over what tax individuals, businesses and non-profits should be paying has, at times, overwhelmed Afghanistan’s tax offices and tax payers. (Photo: Tolo)

How much do I need to pay? Changes to Afghanistan’s Tax Law cause chaos and confusion

Chantal Grut •

What are the tax obligations of citizens, residents and investors in Afghanistan? This question is much harder to answer today than it was 18 months ago. Then, the 2009 Income Tax Law, a remarkably well-written and detailed piece of legislation, had gone a long way in establishing a path towards clarity, stability and integrity for […]

Economy, Development, Environment Read more
Police post in Kandahar, 2005. Photo: Thomas Ruttig

The Leahy Law and Human Rights Accountability in Afghanistan: Too little, too late or a model for the future?

Erica Gaston •

The Leahy Amendment, or Leahy law, is a little known piece of United States legislation that bans US assistance to units of foreign security forces where there is credible information that a member has committed gross violations of human rights. The Leahy law has accomplished far less than its champions hoped for, but far more […]

International Engagement Read more

Kabul seeks changes to legislation that would have limited family violence testimony

AAN •

Stars and Stripes, 18 February 2014 In a report on a proposed controversial change to Afghanistan's criminal code, AAN's Christine Roehrs is quoted: Christine Roehrs, an analyst with the Afghanistan Analyst Network, said that even if changes are made to Article 26 to allow family members to testify voluntarily, the new article will still be […]

AAN in the Media Read more

A War with no End in Sight: The backlashes regarding Afghan women’s rights (amended)

Sari Kouvo •

A man cuts off the nose and lips of his wife. He does this because his wife refuses to give him her jewelry to buy drugs, and he does it in front of the couple’s children. This happened on 13 December in Herat, and rightly so, the incident received considerable media and civil society attention. […]

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A Hasty Process: New Independent Election Commission announced

Gran Hewad • Martine van Bijlert • Thomas Ruttig •

While the passing of the election-related laws took months, the selection and appointment of the crucial new Independent Election Commission (IEC) was finished within days. Although time was pressing, the haste raises doubts about the thoroughness of the process and the balance of the new nine-member body announced on Monday, 29 July 2013. AAN’s analysts […]

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