The “Commentary to the Administrative Procedural Law of Afghanistan” aimed to strengthen the implementation of the new Administrative Procedure Law amongst civil servants, administrative review boards, courts, lawyers, academics, and individuals affected by an administrative decision, and to trigger a broader discussion on the topic of revision of administrative decisions. Drafted throughout 2020–2021 by an expert Afghan lawyer and reviewed by a Technical Working Group comprised of experts within the Afghan civil service, this commentary serves as a first step towards a sustainable administrative law framework, where consistent and transparent decisions are made and citizens are able to claim their rights when faced with unlawful decisions. As part of this project, a radio programme was broadcast, which aimed at explaining the goals and procedures of the new Administrative Procedure Law, as well as the different ways in which individuals can claim their rights under this law.

The Commentary builds on the tremendous work done at the Foundation on administrative law in Afghanistan since 2012. Over the course of several years, the Foundation, its local partners, and its predecessor working group’s specialised research fellows and experts have supported Afghan civil servants in the drafting of Afghanistan’s Administrative Procedure Law and Administrative Court Procedure Law. After approval by the Council of Ministers and Parliament, the Administrative Procedure Law was published in the Official Gazette of the Islamic Republic of Afghanistan on 1 May 2018 and entered into force three months thereafter. This Law is the first Afghan law to comprehensively streamline administrative practices and guide civil servants in the performance of their duties. It also provides for a coherent and transparent procedure for the adoption of administrative acts, as well as for mechanisms of administrative review. Importantly, the Administrative Procedure Law, and accompanying Commentary, allow Afghan citizens to hold the state accountable for its actions and to claim their rights, as prescribed by the law, in court.

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