Afghanistan Rule of Law Observatory

This page features our analysis of selected DFA legislative documents, chosen for their significance to Afghanistan's current context. Please continue to visit this page for updates. For a complete list of legislative documents published on ARLO, please click here.

Analysis of Legislative Documents


Analysis of the Supreme Court Procedure on Information Sharing August 29, 2024 This legislative analysis reviews the Supreme Court Procedure on Information Sharing, which governs the dissemination of judicial information. The procedure includes a set of guidelines, detailing the types of information that can be shared, the approval processes, and the specific responsibilities of judicial entities. It addresses both public access to information and the protection of sensitive data. The analysis explores the procedure's legal basis, scope, key terminologies, and impacts, while also identifying concerns. Recommendations for civil society organizations and NGOs are provided at the end of the analysis. Download: English \| Dari \| Pashto \| Link to original Regulations
Legislative Analysis of Law on Hearing of Complaints July 18, 2024 This legislative analysis outlines the procedures for handling complaints against officials, based on the "Law on Hearing of Complaints" issued on September 7, 2023. The analysis provides explanations of key terminologies, the scope of the law, and a summary of its key provisions. It evaluates the impacts and consequences of the law, highlighting both its effectiveness and areas needing improvement. Additionally, the analysis includes recommendations for civil society organizations to enhance the law's effectiveness. This analysis offers a balanced and comprehensive review, providing additional resources relevant to the law's implications and practical applications. Download: English \| Dari \| Pashto \| Link to original Laws
Legislative Analysis of SC letter No 631-632 June 13, 2024 This analysis reviews the Supreme Court's response to the Appellate Court of Nangarhar Province's query. It clarifies the directive's implications, explores its legal basis, and provides additional context to clarify the meaning and implications of this letter from the Supreme Court. The analysis aims to enhance understanding and offer insights into the document's impact on legal practices in Afghanistan. Download: English \| Dari \| Pashto \| Link to original document
Legislative Analysis of Decree No. 9 (OG 1432) on the legislation process of the legislative documents April 04, 2024 This analysis evaluates the legislative document processing by the de facto authorities (DFA), approved by Decree Number (9) dated October 24, 2023, by the DFA leadership. It examines the processing differences in legislative documents from drafting to approval by the DFA and during the Republic era, while also identifying problems and examining solutions to these issues. Download: English \| Dari \| Pashto \| Link to original Decrees
Legislative Analysis of Procedure for Coordination and Regulation of Non-Governmental Organizations March 14, 2024 This analysis examines the "Procedure for Coordination and Regulation of Non-Governmental Organizations" issued by the DFA in Afghanistan on 22 October 2022. The procedure outlines a comprehensive framework for the activities of NGOs in Afghanistan, including registration, licensing, compliance with Islamic law, and ensuring transparency and accountability. The analysis assesses the potential impact of the procedure on NGO operations, identifies potential challenges and areas for improvement, and makes recommendations for how the procedure could be improved. Download: English \| Dari \| Pashto \| Link to original Regulations
Legislative Analysis of Ministry of Economy (MoEc) Circular No. 208 March 14, 2024 This legislative analysis explains Circular No. 208 by the Ministry of Economy. That circular outlines guidelines for non-governmental organizations in Afghanistan. It focuses on project alignment with national development goals, ensuring transparency, and enhancing accountability. It details directives on project approval, monitoring, and asset management. This analysis explores the circular's key provisions and impacts, offering recommendations to enhance its implementation and support NGO contributions to Afghanistan's development. Download: English \| Dari \| Pashto \| Link to original Circulars
Legislative Analysis of the Ministry of Finance Report February 28, 2024 This analysis examines the directives issued by the leader of the de facto authority concerning the abrogation of the Republic's legal and regulatory framework. These directives were outlined during a meeting with human resources directors of DFA institutions. This analysis delves into the ramifications of repealing the Republic’s laws, regulations, and other legislative documents, discussing the challenges encountered and proposing viable solutions. Download: English \| Dari \| Pashto \| Link to original document
Legislative Analysis of the 'Drug Penal Procedure' February 14, 2024 This legislative analysis examines the 'Drug Penal Procedure,' highlighting gaps and areas for improvement within its legal framework for addressing drug offenses in Afghanistan. The analysis evaluates the procedure's key provisions and penalties, their impacts, and suggests recommendations to increase clarity, efficiency, and fairness in the judicial process. Download: English \| Dari \| Pashto \| Link to original Regulations
Analysis of Decree No. 5 (OG 1424) on Missing Mujahideen and other persons January 27, 2024 This analysis delves into the implications of Decree No. 5, which expedites the declaration of death for individuals missing during the last two decades of conflict in Afghanistan. It contrasts this decree with traditional Hanafi jurisprudence and the Afghan Civil Code's existing provisions. The document identifies ambiguities in the decree, especially regarding its application to individuals associated with the former government and civilians. It suggests the need for a comprehensive approach to address all missing persons and recommends the Supreme Court provide clear guidelines for equitable application. Download: English \| Dari \| Pashto \| Link to original Decrees
Analysis of Decree 83-C1 on Women's Rights January 27, 2024 This analysis provides a review of "Decree No. 83-C1 on Women's Rights." It explores the decree's emphasis on aligning societal practices with Islamic jurisprudence, highlighting its stance against forced marriages and the practice of Baad. The document assesses the challenges in enforcing these changes and their implications for women, community leaders, and the legal system. It concludes with strategic recommendations to facilitate the understanding and acceptance of the decree, emphasizing the importance of cultural integration and legal adaptation for advancing women's rights in Afghanistan. Download: English \| Dari \| Pashto \| Link to original Decrees
Analysis of Ministry of Economy's Letter Number 17 January 27, 2024 This legislative analysis examines "Directive No. 17" from the DFA's Ministry of Economy, which redirects NGO activities towards humanitarian aid and infrastructural development. The document evaluates the directive's vague definitions and potential risks to the operational scope of NGOs. It discusses the directive's intended benefits and possible drawbacks, including the disruption of ongoing projects and reduced civil society engagement. The analysis concludes with suggestions for improving clarity, stakeholder involvement, and fairness in the implementation process, aiming to balance resource allocation with sustainable development goals. Download: English \| Dari \| Pashto \| Link to original document
Analysis of the Prime Minister's Office Notice Number 422 July 23, 2023 This document scrutinizes the DFA's statement aimed at curbing the smuggling of currency, gold, and precious stones. It outlines the statement's objectives to bolster the national economy and safeguard Afghanistan's mineral wealth. However, it points out ambiguities in defining permissible limits and penalties, raising concerns about the fairness and potential for arbitrary enforcement. The analysis proposes solutions for clarifying these uncertainties and aligning the statement with legal standards to ensure its effectiveness and adherence to the rule of law. Download: English \| Dari \| Pashto \| Link to original document

Analysis of the Supreme Court Procedure on Information Sharing

August 29, 2024

This legislative analysis reviews the Supreme Court Procedure on Information Sharing, which governs the dissemination of judicial information. The procedure includes a set of guidelines, detailing the types of information that can be shared, the approval processes, and the specific responsibilities of judicial entities. It addresses both public access to information and the protection of sensitive data. The analysis explores the procedure's legal basis, scope, key terminologies, and impacts, while also identifying concerns. Recommendations for civil society organizations and NGOs are provided at the end of the analysis.

Download: English | Dari | Pashto | Link to original Regulations

Legislative Analysis of Law on Hearing of Complaints

July 18, 2024

This legislative analysis outlines the procedures for handling complaints against officials, based on the "Law on Hearing of Complaints" issued on September 7, 2023. The analysis provides explanations of key terminologies, the scope of the law, and a summary of its key provisions. It evaluates the impacts and consequences of the law, highlighting both its effectiveness and areas needing improvement. Additionally, the analysis includes recommendations for civil society organizations to enhance the law's effectiveness. This analysis offers a balanced and comprehensive review, providing additional resources relevant to the law's implications and practical applications.

Download: English | Dari | Pashto | Link to original Laws

Legislative Analysis of SC letter No 631-632

June 13, 2024

This analysis reviews the Supreme Court's response to the Appellate Court of Nangarhar Province's query. It clarifies the directive's implications, explores its legal basis, and provides additional context to clarify the meaning and implications of this letter from the Supreme Court. The analysis aims to enhance understanding and offer insights into the document's impact on legal practices in Afghanistan.

Download: English | Dari | Pashto | Link to original document

Legislative Analysis of Decree No. 9 (OG 1432) on the legislation process of the legislative documents

April 04, 2024

This analysis evaluates the legislative document processing by the de facto authorities (DFA), approved by Decree Number (9) dated October 24, 2023, by the DFA leadership. It examines the processing differences in legislative documents from drafting to approval by the DFA and during the Republic era, while also identifying problems and examining solutions to these issues.

Download: English | Dari | Pashto | Link to original Decrees

Legislative Analysis of Procedure for Coordination and Regulation of Non-Governmental Organizations

March 14, 2024

This analysis examines the "Procedure for Coordination and Regulation of Non-Governmental Organizations" issued by the DFA in Afghanistan on 22 October 2022. The procedure outlines a comprehensive framework for the activities of NGOs in Afghanistan, including registration, licensing, compliance with Islamic law, and ensuring transparency and accountability. The analysis assesses the potential impact of the procedure on NGO operations, identifies potential challenges and areas for improvement, and makes recommendations for how the procedure could be improved.

Download: English | Dari | Pashto | Link to original Regulations

Legislative Analysis of Ministry of Economy (MoEc) Circular No. 208

March 14, 2024

This legislative analysis explains Circular No. 208 by the Ministry of Economy. That circular outlines guidelines for non-governmental organizations in Afghanistan. It focuses on project alignment with national development goals, ensuring transparency, and enhancing accountability. It details directives on project approval, monitoring, and asset management. This analysis explores the circular's key provisions and impacts, offering recommendations to enhance its implementation and support NGO contributions to Afghanistan's development.

Download: English | Dari | Pashto | Link to original Circulars

Legislative Analysis of the Ministry of Finance Report

February 28, 2024

This analysis examines the directives issued by the leader of the de facto authority concerning the abrogation of the Republic's legal and regulatory framework. These directives were outlined during a meeting with human resources directors of DFA institutions. This analysis delves into the ramifications of repealing the Republic’s laws, regulations, and other legislative documents, discussing the challenges encountered and proposing viable solutions.

Download: English | Dari | Pashto | Link to original document

Legislative Analysis of the 'Drug Penal Procedure'

February 14, 2024

This legislative analysis examines the 'Drug Penal Procedure,' highlighting gaps and areas for improvement within its legal framework for addressing drug offenses in Afghanistan. The analysis evaluates the procedure's key provisions and penalties, their impacts, and suggests recommendations to increase clarity, efficiency, and fairness in the judicial process.

Download: English | Dari | Pashto | Link to original Regulations

Analysis of Decree No. 5 (OG 1424) on Missing Mujahideen and other persons

January 27, 2024

This analysis delves into the implications of Decree No. 5, which expedites the declaration of death for individuals missing during the last two decades of conflict in Afghanistan. It contrasts this decree with traditional Hanafi jurisprudence and the Afghan Civil Code's existing provisions. The document identifies ambiguities in the decree, especially regarding its application to individuals associated with the former government and civilians. It suggests the need for a comprehensive approach to address all missing persons and recommends the Supreme Court provide clear guidelines for equitable application.

Download: English | Dari | Pashto | Link to original Decrees

Analysis of Decree 83-C1 on Women's Rights

January 27, 2024

This analysis provides a review of "Decree No. 83-C1 on Women's Rights." It explores the decree's emphasis on aligning societal practices with Islamic jurisprudence, highlighting its stance against forced marriages and the practice of Baad. The document assesses the challenges in enforcing these changes and their implications for women, community leaders, and the legal system. It concludes with strategic recommendations to facilitate the understanding and acceptance of the decree, emphasizing the importance of cultural integration and legal adaptation for advancing women's rights in Afghanistan.

Download: English | Dari | Pashto | Link to original Decrees

Analysis of Ministry of Economy's Letter Number 17

January 27, 2024

This legislative analysis examines "Directive No. 17" from the DFA's Ministry of Economy, which redirects NGO activities towards humanitarian aid and infrastructural development. The document evaluates the directive's vague definitions and potential risks to the operational scope of NGOs. It discusses the directive's intended benefits and possible drawbacks, including the disruption of ongoing projects and reduced civil society engagement. The analysis concludes with suggestions for improving clarity, stakeholder involvement, and fairness in the implementation process, aiming to balance resource allocation with sustainable development goals.

Download: English | Dari | Pashto | Link to original document

Analysis of the Prime Minister's Office Notice Number 422

July 23, 2023

This document scrutinizes the DFA's statement aimed at curbing the smuggling of currency, gold, and precious stones. It outlines the statement's objectives to bolster the national economy and safeguard Afghanistan's mineral wealth. However, it points out ambiguities in defining permissible limits and penalties, raising concerns about the fairness and potential for arbitrary enforcement. The analysis proposes solutions for clarifying these uncertainties and aligning the statement with legal standards to ensure its effectiveness and adherence to the rule of law.

Download: English | Dari | Pashto | Link to original document