Legislative Support

Landscape Description

The Ministry of Justice (MOJ) Taqnin Department is responsible for drafting and reviewing proposed legislation and other legal documents, and provides legal consultation and legislative drafting advice to all ministries and governmental offices.  Taqnin serves as the primary link between the Council of Ministers (COM), governmental ministries and agencies, and Parliament on the implementation of the government legislative work plan, which is approved by the COM. The MOJ Taqnin Department requested that the Criminal Law Reform Working Group (CLRWG), a group of national and international experts, assist Taqnin with drafting new, complex criminal legislation.

Program Summary/Description

JSSP works with Taqnin to improve its institutional capabilities professional members .  Follow-on mentoring focusing on specific skills necessary for thorough and accurate writing has improved the quality of drafted legislation.  Further, JSSP Secretariat support of, and active participation in, the Criminal Law Reform Working Group (CLRWG) has significantly improved the Taqnin’s ability to draft criminal legislation.  In the role of Secretariat, JSSP provides CLRWG and Taqnin with research, technical drafting assistance, advice on compliance with international treaties and conventions, and translation services.

Project Components

JSSP is working with Taqnin to modernize intra-office communication through the creation of an official email system, among the seven Taqnin sub-department directors and their professional members, to facilitate sharing of drafts, documents and comments.    JSSP is also working with Taqnin leadership to create a legislative drafting manual and streamlined work procedure that will aid in the introduction of new professional members and increased productivity of existing employees.  Further, JSSP continues to provide management advisory services and technical support to improve Taqnin efficiency.  

Impact/Accomplishments

      •        JSSP participation in legislative drafting working groups with Taqnin members and representatives of other MOJ department has resulted in updated drafts of the Government Cases Law, Petition Writers Law, and Property Dealers Law.  Since its creation in 2007, CLRWG has assisted in drafting laws on abduction and human trafficking, anti-corruption, extradition, regulation of juvenile rehabilitation centers, regulation of women protection centers, the Criminal Procedure Code, the Law on Elimination of Violence Against Women (LEVAW), the Major Crimes Task Force Law, and the Law on Biologic and Toxin Weapons.  JSSP continues its crucial role as co-secretariat to the CLRWG.  

      •        40 Taqnin directors and professional members have participated in ten trainings conducted by JSSP on legal subjects and Training of Trainers (TOT).

      •        The Taqnin Legislative Manual is being prepared with JSSP assistance.

      •        The Taqnin Legislative Work Procedures are being drafted with JSSP assistance.

      •        Through four translators embedded in the Taqnin, dozens of legal and legislative documents have been translated to and from Dari, and from English, French and Arabic. 

A Primer for Practitioners

Tool to practical introduction to rule of law development in Afghanistan, cross-referencing training and educational support material.

Latest Report

Women's Access to Justice in Afghanistan: Since the fall of the Taliban in 2002, gains in women’s rights and access to justice in Afghanistan have been remarkable, yet women’s rights remain extremely limited.