Afghanistan > General provisions

Afghanistan - General provisions - 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 - General provisions - Law, Act

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

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

Afghanistan - General provisions - 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 - General provisions - Law, Act

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

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

Afghanistan - General provisions - 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 - General provisions - Law, Act

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

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

Afghanistan - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - Law, Act

Criminal Procedure Code. -

Adoption: 2014 | AFG-2014-L-99021

Afghanistan - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - Law, Act

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

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

Afghanistan - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - Law, Act

Environmental Law, 2005. (¿¿¿¿¿ ¿¿¿¿ ¿¿¿¿) -

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 - General provisions - Law, Act

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

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 - General provisions - Law, Act

Law Regulating Telecommunication Services, 2005. (¿¿¿¿¿ ¿¿¿¿¿ ¿¿¿¿¿ ¿¿¿¿¿¿¿¿) -

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 - General provisions - Law, Act

Political Parties Law 2005. -

Adoption: 2005 | AFG-2005-L-86578

Governs the establishment, functioning etc. of political parties.

Afghanistan - General provisions - Constitution

Constitution of Afghanistan, 1382 (2004) (¿¿¿¿¿ ¿¿¿¿¿ ¿¿¿¿¿¿¿¿¿) -

Adoption: 2004-01-04 | AFG-2004-C-66413

Chapter one: The State
Chapter two: Fundamental Rights and Duties of Citizens
Chapter three: The President
Chapter four: The Government
Chapter five: The National Assembly
Chapter six: The Loya Jirga
Chapter seven: The Judiciary
Chapter eight: The Administrative Division
Chapter nine: The State of Emergency
Chapter ten: Amendments
Chapter eleven: Miscellaneous Provisions
Chapter twelve: Transitional Provisions

Afghanistan - General provisions - Law, Act

Interim Criminal Procedure Code for Courts. (¿¿¿¿¿ ¿¿¿¿¿¿ ¿¿¿¿¿ ¿¿¿¿ ¿¿¿¿¿) -

Adoption: 2004 | AFG-2004-L-86570

Chapter 1 - General Provisions
Chapter 2 - Common Provisions for the Suspect and the Accused
Chapter 3 - Reporting of Crimes and Role of the Saranwal
Chapter 4 - Jurisdiction of the Courts
Chapter 5 - Duties and Jurisdiction of Judicial Police
Chapter 6 - Investigation Performed by the Saranwal
Chapter 7 - Notification of the Deeds and Representation During the Investigations
Chapter 8 - The Trial
Chapter 9 - Appeal Procedure
Chapter 10 - Recourse to the Supreme Court
Chapter 11 - Review of Court Sentences
Chapter 12 - Execution of Courts' Final Decisions
Chapter 13 - Conditional Release
Chapter 14 - Problems of Execution
Chapter 15 - Miscellaneous Provisions

Afghanistan - General provisions - Regulation, Decree, Ordinance

Decree of the Presidency of the Interim Administration of Afghanistan on the Establishment of an Afghan Independent Human Rights Commission, 2002. -

Adoption: 2002-06-06 | AFG-2002-R-86568

Establishes the Afghan Independent Human Rights Commission (AIHRC). Sets out its functions and composition.

Afghanistan - General provisions - Regulation, Decree, Ordinance

Ordinance No. 103 of the Presidium of the Revolutionary Council of the Democratic Republic of Afghanistan to adopt the Labour Code.

Adoption: 1987-06-11 | AFG-1987-R-6702

The ordinance includes seven sections devoted to definitions and general principles of social law.
The Code contains 178 sections divided into 17 chapters as follows:
1. General provisions
2. Collective Agreement
3. Employment and Labour Contract
4. Vocational Training, Raising of Skill and Apprenticeship
5. Hours of Work
6. Right to Rest and Leave
7. Wages
8. Labour Standards
9. Labour Discipline
10. Worker's Financial Responsibility
11. Provision of Health and Occupational Safety Standards
12. Work of women and young people
13. Labour disputes
14. Trade Unions, Traders, Guilds, Workers Participation in Labour and Production Management
15. Social security
16. Inspection and Control of Compliance with Work-related Legislative Documents
17. Final Provisions

Afghanistan - General provisions - Regulation, Decree, Ordinance

Decree of the Council of Ministers concerning the organisation (administration) of commercial plants.

Adoption: 1985-06-05 | AFG-1985-R-4055

Consists of 55 sections covering general rules, capital, financial affairs, administrative organs, obligations, jurisdiction, accounting and reporting affairs, reorganisation, dissolution, liquidation, etc.

Afghanistan - General provisions - Regulation, Decree, Ordinance

Decree of the Executive Body of the Revolutionary Council concerning the application of the Law pertaining to Local Authorities and Government Agencies.

Adoption: 1985-06-03 | AFG-1985-R-4053

The Law consists in 99 sections, covering, inter alia, general rules, election of local councils, obligations and jurisdictions of the councils and people's representatives, organisation, and executive committees.

Afghanistan - General provisions - Regulation, Decree, Ordinance

Decree containing model by-laws for profit-making limited liability companies.

Adoption: 1985-03-11 | AFG-1985-R-4052

Covers purpose of formation, executive organs, shareholders, ordinary and extraordinary meetings, capital, financial and accounting matters, etc.

Afghanistan - General provisions - Regulation, Decree, Ordinance

Decree to amend section 20 of the Law concerning private domestic and foreign investment.

Adoption: 1983-11-10 | AFG-1983-R-5116

Gives the composition and functions of the committee on change of investments.

Afghanistan - General provisions - Regulation, Decree, Ordinance

Decree issuing Regulations pertaining to punitive actions against judges.

Adoption: 1983-09-07 | AFG-1983-R-5115

Deals with negligence of judges in discharging their duties and engaging in investigations; covers punishable offences, competent authorities to deal with cases, findings, etc.

Afghanistan - General provisions - Law, Act

Penal Code 1976. -

Adoption: 1976-09-22 | AFG-1976-L-105007

Afghanistan - General provisions - Law, Act

Foreign and Domestic Private Investment Law, 1974.

Adoption: 1974-06-10 | AFG-1974-L-59882

Seeks to encourage, protect, guide and control private investment. Provides for characteristics of desirable investment; qualifications of private investments; scope of private investments; benefits and prerogatives; proper use of benefits; capital, profit and debt service repatriation; licensing fees for patents and know-how; non-discrimination according to nationality of capital; evaluation of investment in kind and intangibles; repatriation of expatriate salaries; equal treatment of foreign and Afghan nationals; accounting and auditing; sale of shares; transfer of proceeds of sale of shares and of liquidation; limitation of foreign equity; government purchase of local products; expropriation; disputes; investment committee composition and operation; and single license and import-export restrictions.