Strengthening the Implementation of the Administrative Procedure Law of the Islamic Republic of Afghanistan

In Afghanistan, on 1 August 2018, the Administrative Procedure Law (APL) came into force, marking a milestone in Afghan administrative law. It sets out, for the first time, a coherent and transparent procedure for the adoption of administrative decisions and contracts as well as for mechanisms of administrative review. More than ever before, citizens of Afghanistan are put into a position to hold the state accountable for wrongful actions. Since it has come into force, the implementation of the law has gained momentum and cases lodged by individual citizens have been adjudicated in the courts. However, only a reasonably consistent application of this law can sustain public confidence in the administrative workings of the state and reliance on services and resources to which citizens are legally entitled. Such consistency still faces significant obstacles, thus curtailing the APL’s contribution to sound governance and the rule of law.

The Foundation supports the consistent implementation of the APL throughout the country. It oversees the drafting of an expert legal commentary on the law which illuminates the significance of its provisions and explores the legal as well as practical challenges inherent to their implementation in Afghanistan. Moreover, to further the social and political entrenchment of the nascent administrative law framework, the Foundation participates in the organisation of a public awareness drive in the form of radio programmes through which the wider public is familiarised with the workings of the formal administrative process.

The Foundation implements these activities jointly with its partner organisations in Kabul, the Afghanistan Legal Research and Development Organization (ALRDO) and and Integrity Watch Afghanistan (IWA).

Funding

German Foreign Office

Duration

1 June 2020 – 31 May 2022

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