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  1. Afghanistan - - Law, Act

    Penal Code, 2017. - Legislation on-line Legislation on-line

    Adoption: 2017-05-15 | Date of entry into force: 2018-02-14 | AFG-2017-L-105003

    The revised Penal Code contains provisions on crimes against humanity, war crimes, human trafficking, sexual harassment and prohibition of the practice of Bacha bazi. It consolidates 10 criminal laws and 33 legislative instruments in other areas.

    The 2017 Code provides that provisions contrary to the provisions of this law shall be annulled and repeals the following laws:
    - Criminal Procedure Code (published in the Official Gazette No. 26) and its amendments (published in Official Gazettes No. 45, No. 90, No. 268, No. 547, No. 657, and No. 763)
    - Law on Detection and Investigation of Crimes and Oversight by the Prosecutor’s Office on the Legality of Its Implementation (published in Official Gazette No. 424) and its amendments (published in Official Gazettes No. 498, No. 688, No. 737)
    - Interim Criminal Procedure Code for Courts (published in Official Gazette No. 820) and the amendment of its article 83(3) (published in Official Gazette No. 1013), as well as articles 161–171 (published in Official Gazette No. 347)

    The Code has 916 articles in two sections: general penal law and specific penal law (crimes and punishments). It criminalizes international crimes listed in the ICC Statute, including war crimes, crimes against humanity, genocide and aggression, and it sets forth the criminal liability for civilian superiors or military commanders who fail to prevent or punish subordinated who commit these crimes. It further prevents an alleged perpetrator from invoking the defence of superior order for genocide, crimes against humanity, war crimes, aggression against State and torture.

    The Penal Code further punishes, among others:
    - Illicit manufacturing and traffic in firearms;
    - Sexual abuse of boys, extending the prohibition to all related acts, including knowingly attending a performance that involves such practice;
    - Forced virginity testing of women suspected of having engaged in consensual extra-marital sex (clearly distinguished from rape).

    Other novelties of the new Penal code include:
    - The incorporation of alternatives to imprisonment (of up to 5 years) and incarceration of minors (of up to 3 years) with the discretion of the judge. Requires it (mandatory) where a sentence is 6 months or less. War crimes are excluded from such alternatives.
    - Death Penalty offenses are reduced from the former 54 to 14. Several crimes formerly liable to death penalty are assigned in the new Code a form of imprisonment called the ''first degree continued imprisonment (30 years)''.
    - Full immunity is granted to International Organizations: the 1976 Penal Code protected only diplomatic representatives (art. 8), while the 2017 Penal Code extends protections to “…other political representatives, representatives of international organizations, and other employees who have diplomatic protection in accordance with 1969 Vienna Convention on diplomatic immunity and 1973 Convention on prohibition and punishment of crimes against internationally protected persons and their family members” (art. 4).

    Finally, the Penal Code addresses topics such as the protection of cultural property, the protection of the dead, and recruitment of children, among others.

  2. Afghanistan - - Law, Act

    Law amending some articles of the Civil Servants Law (20/02/1396) [2017]. - Legislation on-line

    Adoption: 2017-05-10 | AFG-2017-L-105004

    Amends the last paragraph of Article 4 and Amendment of Article 9 of the Civil Servants Law.

  3. Afghanistan - - Law, Act

    Law on the Prohibition of Torture (1396/02/02) [2017]. - Legislation on-line

    Adoption: 2017-04-22 | AFG-2017-L-105005

  4. Afghanistan - - Law, Act

    Amendment, Addition to and Omission of some articles of the Civil Higher Education Law (14/12/1395) [2017]. - Legislation on-line

    Adoption: 2017-03-04 | Date of entry into force: 2017-07-16 | AFG-2017-L-105001

  5. Afghanistan - - Law, Act

    Law Prohibiting Human Trafficking and Migrant Smuggling (1395/11/10) [2017]. - Legislation on-line

    Adoption: 2017-01-27 | AFG-2017-L-105006

    The Law prohibits all forms of human trafficking and criminalizes the use of threat or force or other types of coercion or deceit for the purpose of exploitation. It includes forms of exploitation such as medical experiments and forcing a person to commit “other illegal activities,” and includes armed fighting and creating a new offence which prohibits bacha baazi, i.e. the exploitation of young boys by men for social and sexual entertainment.
    The law prescribes maximum penalties of eight years imprisonment; aggravating factors increase the maximum sentence to between 10 and 15 years and the imposition of the death penalty if exploitation for armed fighting resulted in the victim’s death.

  6. Afghanistan - - Law, Act

    Annex No. 4 of the Law on the Rights and Privileges of Survivors of Martyrs (28/10/1395) [2017]. - Legislation on-line

    Adoption: 2017-01-17 | AFG-2017-L-105002

  7. Afghanistan - - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    National Health Strategy 2016‒2020 - Sustaining Progress and Building for Tomorrow and Beyond. - Legislation on-line

    Adoption: 2016 | AFG-2016-M-111004

    The Mission Statement of the Ministry of Public Health of the Government of the Islamic Republic of Afghanistan is to prevent ill health and achieve significant reductions in mortality in line with the national targets and sustainable development goals and to reduce impoverishment due to catastrophic health expenditure. Also to be responsive to the rights of citizens through improving access and utilization of quality, equitable, affordable health and nutrition services among all communities especially mother and children in rural areas, And through changing attitudes and practices, promoting healthy lifestyles and effectively implementing other public health interventions. All in coordination and collaboration with other stakeholders within the framework of strong leadership, sustained political will and commitment, good governance, and effective and efficient management; in its continuous pursuit to become a ministerial ‘institution of excellence’.

  8. Afghanistan - - Law, Act

    Civil Higher Education Law (08/09/1394) [2015]. - Legislation on-line

    Adoption: 2015-11-29 | AFG-2015-L-102061

  9. Afghanistan - - Law, Act

    Military Higher Education Institutions Law (28/07/1394) [2015]. - Legislation on-line

    Adoption: 2015-10-20 | AFG-2015-L-102062

  10. Afghanistan - - Regulation, Decree, Ordinance

    Regulations prohibiting the harassment of women (11/07/1394) [2015]. - Legislation on-line

    Adoption: 2015-10-03 | AFG-2015-R-102063

  11. Afghanistan - - Law, Act

    Law on the Travel and Stay of Foreigners in the Islamic Republic of Afghanistan (11/07/1394) [2015]. - Legislation on-line

    Adoption: 2015-10-03 | AFG-2015-L-102064

  12. Afghanistan - - Law, Act

    Nuclear Energy Law (30/06/1394) [2015]. - Legislation on-line

    Adoption: 2015-09-21 | AFG-2015-L-102065

  13. Afghanistan - - Law, Act

    Law amending some articles of the Civil Servants Law (17/06/1394) [2015]. - Legislation on-line

    Adoption: 2015-09-08 | AFG-2015-L-102066

  14. Afghanistan - - Regulation, Decree, Ordinance

    Regulation on Protection of Health Workers at Risk (02/15/1394) [2015]. - Legislation on-line

    Adoption: 2015-04-22 | AFG-2015-R-99026

    Implements article 66(2) of the Labour Code. According to Article 2 of the Regulations, the objectives of this Regulation are:
    1. The delivery of better health services;
    2. The provision of a suitable and safe work environment for health workers;
    3. Providing support for health workers; and
    4. Determining the size of employee health benefits.

  15. Afghanistan - - Law, Act

    Law on Access to Information (02/10/1393) [2014] (G. No 1156). - Legislation on-line

    Adoption: 2014-11-27 | AFG-2014-L-99025

  16. Afghanistan - - Regulation, Decree, Ordinance

    Human Rights Support Regulation (26/06/1393) [2014] (G.No. 1148). - Legislation on-line

    Adoption: 2014-09-17 | AFG-2014-R-99024

    Formalizes the mandate of the Human Rights Support Unit (HRSU) under the authority of the Ministry of Justice.

  17. Afghanistan - - Law, Act

    Mining Law (25/05/1393) [2014] (G. No. 1143). - Legislation on-line Legislation on-line

    Adoption: 2014-08-16 | AFG-2014-L-99023

    The Act provides for the licensing of mines, their registration and the operations within mines and relationship with the competent authorities. Chapter 13 of the Law deals with the obligations of employers with respect to health and safety in a mine.

    Repeals Minerals Law of 2009.

  18. Afghanistan - - Law, Act

    Law on Elections (15/05/1392) [2014]. - Legislation on-line Legislation on-line

    Adoption: 2014-08-06 | AFG-2014-L-95673

  19. Afghanistan - - Law, Act

    Law on Prevention of Money Laundering and Proceeds of Crimes (05/01/1393) [2014]. - Legislation on-line

    Adoption: 2014-06-25 | Date of entry into force: 2014-07-23 | AFG-2014-L-99022

  20. Afghanistan - - Law, Act

    Presidential Decree amending Article 26 of the Criminal Procedure Code (23/01/1393) [2014] (No. 137). - Legislation on-line

    Adoption: 2014-05-05 | Date of entry into force: 2014-06-05 | AFG-2014-L-99020

    The Law amends article 26 which introduced a controversial provision into the law which would potentially allow abusers to avoid having to testify in the court for offences in the home. The draft text included "relatives of the accused" among a list of people who "cannot be questioned as witnesses" in criminal proceedings. This provision was adopted but did not receive a presidential signature and the law was sent back to the Ministry of Justice to modify article 26. The Presidential Decree which amended the Criminal Procedure Code allows relatives of the accused person to testify against them but also the possibility to refuse that they testify. The amendment of the text can be found in the last few pages of the PDF of this document.

  21. Afghanistan - - Regulation, Decree, Ordinance

    Presidential Decree on Supervision and authority of the law establishing special courts for children (23/01/1393) [2014] - Legislation on-line

    Adoption: 2014-04-12 | AFG-2014-R-99019

    Provides for the well being, education, safety and upbringing of children who are orphans or who do not have any legal guardians.

  22. Afghanistan - - Regulation, Decree, Ordinance

    Presidential Decree of the Islamic Republic of Afghanistan on Code of Conduct of Security Forces in Election Process (2014). - Legislation on-line

    Adoption: 2014 | AFG-2014-R-95662

  23. Afghanistan - - Law, Act

    Criminal Procedure Code. - Legislation on-line

    Adoption: 2014 | AFG-2014-L-99021

  24. Afghanistan - - Law, Act

    Law on Statistics (1392/04/12) [2013]. - Legislation on-line

    Adoption: 2013-07-03 | AFG-2013-L-95664

  25. Afghanistan - - Law, Act

    Law on Organization and Jurisdiction of the Judiciary of the Islamic Republic of Afghanistan, (15/07/1392) [2013]. - Legislation on-line

    Adoption: 2013-06-30 | AFG-2013-L-95663

  26. Afghanistan - - Law, Act

    Law amending the Law on the Rights and Privileges of Survivors of Martyrs, the Law of Rights and Privileges of Persons with Disabilities and the Agricultural Development Fund (28/12/1391). - Legislation on-line

    Adoption: 2013-03-18 | AFG-2013-L-95671

  27. Afghanistan - - Law, Act

    Electoral Law. - Unofficial English Translation

    Adoption: 2010-08-16 | AFG-2010-L-86577

    Chapter 1 - General Provisions
    Chapter 2 - Constituencies
    Chapter 3 - Voters and Candidates
    Chapter 4 - Presidential Elections
    Chapter 5 - Wolesi Jirga Elections
    Chapter 6 - Meshrano Jirga
    Chapter 7 - Provincial Council Elections
    Chapter 8 - District Council Elections
    Chapter 9 - Village Council Elections
    Chapter 10 - Municipal Mayor Elections
    Chapter 11 - Municipal Council Elections
    Chapter 12 - Conduct of Elections
    Chapter 13 - Complaints, Electoral Violations
    Chapter 14 - Miscellaneous

  28. Afghanistan - - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Afghanistan Independent Human Rights Commission (AIHRC) Strategic Plan of Action 1389-1392 (2010-2013). - English translation

    Adoption: 2010-03 | AFG-2010-M-90417

    This Strategic Plan for 1389-1392 (2010-2013) provides a multi-year, overarching framework for carrying out the AIHRC's mission. It is oriented towards achieving the vision of a just, democratic and developed society where human rights are respected and protected.

  29. Afghanistan - - Law, Act

    Law ratifying the Minimum Age Convention, 1973 (No. 138). - Legislation on-line

    Adoption: 2010-01-05 | AFG-2010-L-95672

  30. Afghanistan - - Regulation, Decree, Ordinance

    Regulation on Pensions of Civil Servants.

    Adoption: 2009-08-17 | AFG-2009-R-86562

    The provisions regulates pension benefits for retired civil servants. It contains provisions on funding of the pensions, including contribution measures, as well as the procedure for the payment of benefits.

  31. Afghanistan - - Law, Act

    Elimination of Violence Against Women (EVAW) Law, 2009 (Presidential Decree No. 91 of 20 July 2009). - Legislation on-line

    Adoption: 2009-07-20 | AFG-2009-L-102060

    The Law was passed by Presidential Decree on the 20th of July 2009. It provides protection for women against violence as well as forced marriages, under-age marriages and polygamous relationships.

    As at 2016, the EVAW Law had not yet been approved in parliament.

  32. Afghanistan - - Regulation, Decree, Ordinance

    Decree of the President of the Islamic Republic of Afghanistan on Non-Interference in the Electoral Affairs of Elections, 1388 [2009]. - Unofficial English Translation

    Adoption: 2009-05-20 | AFG-2009-R-86576

    Decree to provide measures to ensure free and fair elections during the 2009 election campaign.

  33. Afghanistan - - Regulation, Decree, Ordinance

    Presidential Order regarding signing the amendments, omissions, and additions to some of articles of Civil Servants Law (Order No. 98).

    Adoption: 2009-03-08 | AFG-2009-R-86565

    Amends the following articles in the Civil Servants Code. -

    Article 4 concerning the exemption of certain categories of workers from the Code;
    Article 7(2) and (3) concerning recruitment into the civil service and the qualifications required;
    Article 10(2)provides that no discrimination is allowed in hiring of the employees and independent contractors based on sex, ethnicity, religion, and physical disability;
    Article 14(2)concerning the duty to inform a manager in case of violation of the law;
    Article 16(3)2 concerning absence from a post and termination of employment.

    Article 8(4)1 is repealed and the following subsections renumbered accordingly. Article 9(2) is also repealed.

    Adds a new article 7(4) concerning the recruitment of civil servants. Renumbers subsections accordingly. Also adds a new article 35 and 36.

  34. Afghanistan - - Law, Act

    Law Countering Abduction and Human Trafficking and Smuggling (1387/04/25) [2008]. - Legislation on-line

    Adoption: 2008-07-14 | AFG-2008-L-105008

  35. Afghanistan - - Law, Act

    Civil Servants Law, 2008.

    Adoption: 2008-06 | Date of entry into force: 2009-03-06 | AFG-2008-L-86564

    The Law regulates the public service. It includes, inter alia, provisions on: the employment of civil service workers based on competence and merit; anti-discrimination clauses; recruitment measures; rights and obligations of civil service workers; development of skills; retention of experienced civil service employees; and employment of professional and skilled candidates in government organizations.

    Upon entry into force of the law, Articles 3, 4, and Chapter Seven of the Civil Service Law (Official Gazette No. 861 of 20/06/1384 [Solar calendar]) and Decree No. 33 of 21/04/1382, concerning priority reform and restructuring of Ministries and agencies, published in the Official Gazette No. 810 of 30/05/1382 and any other inconsistent provisions shall be null and void.

  36. Afghanistan - - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Afghanistan National Disability Action Plan 2008-2011. - Policy on-line

    Adoption: 2008-05 | AFG-2008-M-86290

    A policy to address the rights and needs of persons with disabilities, including mine survivors, within the framework of the Afghanistan National Development Strategy (ANDS) and the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction.

  37. Afghanistan - - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Afghanistan National Development Strategy - Executive Summary 1387-1391 (2008-2013).

    Adoption: 2008 | AFG-2008-M-79333

    The Afghanistan National Development Strategy (ANDS) is a Millennium Development Goals (MDGs)- based plan that serves as Afghanistan's Poverty Reduction Strategy Paper (PRSP). It is underpinned by the principles, pillars and benchmarks of the Afghanistan Compact.

  38. Afghanistan - - Law, Act

    Labour Law (No. 35 of 2007).

    Adoption: 2007-02 | AFG-2007-L-78309

    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 Employees
    Chapter VII - Labour Rules and Standards
    Chapter VIII - Labour Standards and Discipline
    Chapter IX - Financial Responsibility of Employees
    Chapter X - Provision of Health and Occupational Safety Conditions
    Chapter XI - Women and Youth Work
    Chapter XII - Work related disputes
    Chapter XIII - Social Protection
    Chapter XIV - Miscellaneous Provisions.

    Also Repeals the Labour Code published in Official Gazette No. 790 dated 22, Rajab 1420 Islamic lunar year 01/11/1999).

  39. Afghanistan - - Regulation, Decree, Ordinance

    President Decree No. 94 of 2007 endorsing the Labour Law.

    Adoption: 2007-01-17 | AFG-2007-R-86541

    Approves the adoption of the 2007 Labour Law.

  40. Afghanistan - - Law, Act

    Statistics Law of 25 January 2006. (¿¿¿¿¿ ¿¿¿¿¿¿¿) - Unofficial English Translation with Dari text

    Adoption: 2006-01-25 | Date of entry into force: 2006-01-25 | AFG-2006-L-74779

    Provides, inter alia, for dissemination of statistical data, organisation of the National Statistical Committee, its duties and authorities, statistical data collection and data confidentiality.

  41. Afghanistan - - Law, Act

    Statutes on the Employment of Foreign Citizens in Afghanistan Organizations. - Act on-line

    Adoption: 2006 | AFG-2006-L-86580

    Regulates the modalities for the employment of foreign citizens employed on the contract basis in Afghanistan organizations.

  42. Afghanistan - - Law, Act

    Environmental Law, 2005. (¿¿¿¿¿ ¿¿¿¿ ¿¿¿¿) - Unofficial English Translation

    Adoption: 2005-12 | Date of entry into force: 2005-12-18 | AFG-2005-L-86573

    Provides for the management of issues relating to rehabilitation of the environment and the conservation and sustainable use of natural resources, living organisms and non-living organisms.

  43. Afghanistan - - Law, Act

    Police Law, 2005. (¿¿¿¿¿ ¿¿¿¿¿) - Unofficial English Translation

    Adoption: 2005-09-22 | AFG-2005-L-86572

    Chapter 1 - General Provisions
    Chapter 2 - The Police Duties and Area of Operation
    Chapter 3 - The Police Action
    Chapter 4 - Miscellaneous Provisions

  44. Afghanistan - - Law, Act

    Civil Service Code, 2005. (¿¿¿¿¿ ¿¿¿¿¿ ¿¿¿¿) - Unofficial English Translation

    Adoption: 2005-09-06 | AFG-2005-L-86566

    Chapter I - General Provisions
    Chapter II - Independent Administrative Reform and Civil Service Commission (IARCSC)
    Chapter III - Civil Service Management
    Chapter IV - Civil Service Appointments Board
    Chapter V - Civil Service Appeals Board
    Chapter VI - Administrative Reform Secretariat
    Chapter VII - Civil Servants [repealed]
    Chapter VIII - Miscellaneous Provisions

    Repeals the following laws and their attachments as well as other contradictory provisions:
    Decree No. 257 of 2/3/1381 SY;
    Decree No. 25 of 20/3/1382 SY;
    Decree No. 33 of 21/4/1382 SY;
    the Regulation on Procedure and Functions of Independent Administrative Reform and Civil Service Commission published in Official Gazette No. 810 dated 30/5/1382 SY.

  45. Afghanistan - - Law, Act

    Law on the Structure, Duties and Mandate of the Afghanistan Independent Human Rights Commission (No. 3471). (¿¿¿¿¿ ¿¿¿¿¿ ¿ ¿¿¿¿¿ ¿ ¿¿¿¿¿¿ ¿¿¿ ¿¿¿¿¿¿¿ ¿¿¿¿¿¿¿¿¿ ¿¿¿ ¿¿¿¿¿¿¿¿¿) - Unofficial English Translation

    Adoption: 2005-05-14 | Date of entry into force: 2005-05-12 | AFG-2005-L-86567

    Chapter I - General Provisions
    Chapter II - The Structure of the Commission
    Chapter III - Duties and Mandate of the Commission
    Chapter IV - Miscellaneous

  46. Afghanistan - - Regulation, Decree, Ordinance

    Regulation for Sending Afghan Workers Abroad, 1384 [2005]

    Adoption: 2005 | AFG-2005-R-86563

    The regulation implements Resolution No. 20 of 01/08/2005 (10.05.1384) of the Council of Ministers concerning the legal employment of Afghan workers abroad. Sets out the requirements that have to be met by a worker in order to be employed abroad as well as the obligations of workers and the Ministry responsible for sending them abroad.

  47. Afghanistan - - Law, Act

    Mineral Law of Afghanistan. (¿¿¿¿¿ ¿¿¿¿ ¿¿¿¿¿ ¿¿¿¿¿¿¿¿¿) - Unofficial English Translation

    Adoption: 2005 | AFG-2005-L-86571

    Provides for State ownership and control of mineral substances, as well as the procedures for the protection, management, use, utilization, and attraction and promotion of private investment in mineral activities. In particular contains provisions which oblige a Mining licencee to establish and implement an occupational safety and health plan (article 77) and prohibits the employment of child labour in mines (article 79).

    Repeals the Minerals Law, dated 15/01/1375 [1996], published in Official Gazette No. 782.

  48. Afghanistan - - Law, Act

    Law Regulating Telecommunication Services, 2005. (¿¿¿¿¿ ¿¿¿¿¿ ¿¿¿¿¿ ¿¿¿¿¿¿¿¿) - Unofficial English Translation

    Adoption: 2005 | AFG-2005-L-86574

    Provides for the promotion and development of telecom services, regulates and supervise the telecom market, guides the relationship between the Telecom Regulatory Authority (TRA) and Operators or Service Providers, Users and other interested parties in this country.

  49. Afghanistan - - Law, Act

    Law on Non-Governmental Organizations, 1384 [2005]. (¿¿¿¿¿ ¿¿¿¿¿¿ ¿¿¿¿¿¿¿¿(NGO)) - Act on-line

    Adoption: 2005 | AFG-2005-L-86575

    Regulates the establishment and functioning of NGO's in Afghanistan. Repeals the Regulation on the Activities of Domestic and Foreign Non-Governmental Organizations (NGOs) in Afghanistan, published in the official gazette Number 792, in the Year 1421.

  50. Afghanistan - - Law, Act

    Political Parties Law 2005. - Unofficial English Translation

    Adoption: 2005 | AFG-2005-L-86578

    Governs the establishment, functioning etc. of political parties.

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