Strengthening the Implementation of the Administrative Procedure Law of the Islamic Republic of Afghanistan
On 1 August 2018, the Administrative Procedure Law (APL) entered into force. The law is a milestone achievment for Afghanistan, in as far as it provides for a coherent and transparent procedure for the adoption of administrative acts, as well as for mechanisms of administrative review. Citizens now have the opportunity to hold the state accountable for its action. Since its adoption, the implementation of the law has gained momentum: individuals have already claimed their rights – as prescribed by the law – in court. While the entry into force of the APL is an important accomplishhment and its use in court a proof of its relevance, more work needs to be done in order to strenghten its implementation. A consistent application of the APL would increase citizens’ trust in the administrative services of the state and could reduce the willingness of citizens to resort to informal channels to obtain the services and the resources that should be provided by the state. However, many obstacles are still limiting the potential of the APL to act as a stabilising and peace-building tool.
The project aims at strengthening the implementation of the APL in two ways. First, in order to support the consistent application of the APL throughout the country a tailor-made commentary on the law will be drafted. The commentary will not simply explain the meaning of each article; It will strive to shed light on crucial legal and practical challenges linked to the implementation of the APL in the Afghan legal system (e.g. the harmonisation of conflicting laws and the systematisation of the various administrative review systems). Second, in order to ensure the sustainability of the nascent administrative law framework in Afghanistan public awareness campaigns, like radio or TV programmes and presentations of the APL commentary, will be organised.
The Foundation will implement this project together with its partner organisation in Kabul: the Afghan Legal Research and Development Organisation (ALRDO).
1 June 2020 – 31 May 2022