>

Afghanistan - - Law, Act

Penal Code, 2017. -

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.

Afghanistan - - Law, Act

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

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.

Afghanistan - - Law, Act

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

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

Afghanistan - - Law, Act

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

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

Afghanistan - - Law, Act

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

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.

Afghanistan - - Law, Act

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

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

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

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

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’.

Afghanistan - - Law, Act

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

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

Afghanistan - - Law, Act

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

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

Afghanistan - - Regulation, Decree, Ordinance

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

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

Afghanistan - - Law, Act

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

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

Afghanistan - - Law, Act

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

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

Afghanistan - - Law, Act

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

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

Afghanistan - - Regulation, Decree, Ordinance

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

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.

Afghanistan - - Law, Act

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

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

Afghanistan - - Regulation, Decree, Ordinance

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

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.

Afghanistan - - Law, Act

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

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.

Afghanistan - - Law, Act

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

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

Afghanistan - - Law, Act

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

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

Afghanistan - - Law, Act

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

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.

Afghanistan - - Regulation, Decree, Ordinance

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

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.

Afghanistan - - Regulation, Decree, Ordinance

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

Adoption: 2014 | AFG-2014-R-95662

Afghanistan - - Law, Act

Criminal Procedure Code. -

Adoption: 2014 | AFG-2014-L-99021

Afghanistan - - Law, Act

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

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

Afghanistan - - Law, Act

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

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

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). -

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

Afghanistan - - Law, Act

Electoral Law. -

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

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

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

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.

Afghanistan - - Law, Act

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

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

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.

Afghanistan - - Law, Act

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

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.

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]. -

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

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

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.

Afghanistan - - Law, Act

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

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

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.

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

Afghanistan National Disability Action Plan 2008-2011. -

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.

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.

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).

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.

Afghanistan - - Law, Act

Statistics Law of 25 January 2006. (قانون احصائیه) -

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.

Afghanistan - - Law, Act

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

Adoption: 2006 | AFG-2006-L-86580

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

Afghanistan - - Law, Act

Environmental Law, 2005. (قانون محیط زیست) -

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.

Afghanistan - - Law, Act

Police Law, 2005. (قانون پولیس) -

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

Afghanistan - - Law, Act

Civil Service Code, 2005. (قانون خدمات ملکی) -

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.

Afghanistan - - Law, Act

Law on the Structure, Duties and Mandate of the Afghanistan Independent Human Rights Commission (No. 3471). (قانون تشکیل ، وظایف و صلاحیت های کمیسیون مستقلحقوق بشر افغانستان) -

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

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.

Afghanistan - - Law, Act

Mineral Law of Afghanistan. (قانون مواد معدنى افغانستان) -

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.

Afghanistan - - Law, Act

Law Regulating Telecommunication Services, 2005. (قانون تنظیم خدمات مخابراتی) -

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.

Afghanistan - - Law, Act

Law on Non-Governmental Organizations, 1384 [2005]. (قانون مؤسسات غیردولتی(NGO)) -

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.

Afghanistan - - Law, Act

Political Parties Law 2005. -

Adoption: 2005 | AFG-2005-L-86578

Governs the establishment, functioning etc. of political parties.