Afghanistan Access to Justice (AA2J)

Elements of access to justice such as legal protection and legal aid, prosecution and adjudication, settlement or enforcement are severally contested in Afghanistan. International support has been provided to address those obstacles but has often not been sustainably embedded in national systems. As a result, Afghans are restricted in their access to justice. Part of the problem is the multitude of state and non-state institutions that are directly or indirectly providing justice services. However, these institutions are equally challenged in capacity; and their roles and responsibilities in the provision of access to justice as well as their interaction with the State Justice Institutions are ill-defined or not well understood. 

Trust in and access to fair, effective, and accountable rule of law services is increased in accordance with applicable international human rights standards and the government’s legal obligations.

Ministry of Justice as the main State partner

Three provinces of Kabul, Herat and Balkh

Justice Sector Institutions (Ministry of Justice-Legal Aid Grand Facility, Afghanistan Independent Bar Association, Public Legal Awareness Unit and Human Rights Support Unit,

Ministry of Internal Affairs- Family Response Unit, Criminal Investigation Department, and Attorney General’s Office,

Supreme Court, Elimination of Violence against Women (EVAW) pilot court,

Afghan people, particularly the vulnerable group and Violence against Women Survivors.

Afghans, in particular vulnerable and marginalized groups such as women, children, prisoners and detainees, have increased and more sustainable access to justice through strengthened capacities of Rule of Law institutions.

Erwartete Resultate:  

Afghans, in particular women, children, prisoners and pre-trial detainees, are increasingly aware of their rights and receive legal aid

Targeted rule of law institutions increase capacity and coordination among themselves and with other sectors to increase access to justice in particular in relation to Elimination of Violence Against Women (EVAW) law violations

The Ministry of Justice strengthens its legislative drafting and human rights capacities

Resultate von früheren Phasen:  

Rule of Law Indicator Study finalized and adopted by State to serve as a baseline to inform justice sector reform.

Research and recommendations conducted on Conciliation of Civil Disputes Resolution Law, Law on Obtaining Rights, Civil Service Law, and Criminal Law Reforms Working Group completed the 24 Chapters and 200 articles of the Penal Code.

Human Rights Support Unit established itself as a prominent unit within the ministries by appointing focal points in relevant state institutions and providing them with human rights trainings.

Key donors: UNDP: 400’000/ Italian Development Cooperation: 3 Mio (tbc)/ Canada: 6 Mio (tbc)/ INL: 2 Mio Earmarked for EVAW Court; other interested donors: EU, Norway, Sweden

• International Narcotics and Law enforcement Affairs (INL) /International Development Law Organization (IDLO), through project-Justice Sector Support Program (JSSP)
• UNAMA Human Rights/OHCHR
  
• UNAMA Rule of Law
  
• UNDP Law & Order Trust Fund for Afghanistan (LOTFA)
• UN Gender Based Violence (GBV) Harmonization Framework
• World Bank
• Afghanistan Intendent Human Rights Commission (AIHRC)
• Ministry of Women’s Affair
• UN Women

Phase 2 01.08.2016 - 30.06.2019   (Completed)