Seminar for the Afghan Ministry of Justice

Foundation organised a seminar to improve the Afghan legislative drafting process

The Max Planck Foundation, in close cooperation with the Hamida Barmaki Organization for the Rule of Law, organised a seminar from 2–4 April 2016 for the Afghan Ministry of Justice and other State institutions involved in legislative drafting. The seminar aimed at improving communication and procedures in the legislative drafting process.

The seminar brought together different actors involved in the process. In Afghanistan it is the Government, which usually prepares legislative drafts. Within the Government, the Ministry of Justice, the line ministries and independent commissions are primarily responsible. Nevertheless, there are many other actors involved in the preparation of a draft law. After the legislative draft is presented to Parliament, the draft has to pass through the two chambers of Parliament, the Wolesi Jirga and the Meshrano Jirga, to be finally signed by the President. The procedure and communication between the different institutions is complex due to the number of actors involved.

The Max Planck Foundation and the Hamida Barmaki Organization invited a German and an Afghan legislative drafting expert to the seminar. These experts chaired the event and lead the participants through the legislative drafting process. They discussed the different steps in legislative drafting with the participants and elaborated on their importance in the light of constitutional law and rule of law. The participants had the chance to describe the challenges they face in their daily work and to ask the experts for advice. Not only did this provide a platform to discuss the main challenges in the procedures and communication, but also to identify possible solutions.

The seminar was part of the project “Improving the Afghan Legislative Process II”, which is funded by the German Federal Foreign Office and implemented by the Max Planck Foundation.