2019 Investment Climate Statements: Afghanistan

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Afghanistan has a poor, agrarian economy with a small manufacturing base, few value-added industries, and a partially dollarized economy. More than 55 percent of the population lives below the poverty line. International financial and security support has been instrumental in growing the Afghan economy from a USD 2. In addition, various estimates place the value of the informal economy to be about USD 4. Government expenses will continue to far exceed revenues, resulting in continued dependency on international donors for the foreseeable future, although the Government of National Unity GNU has been able to increase tax revenue by implementing reforms and improved tax collection procedures.

The drawdown of international forces from significantly slowed economic growth as demand for transport, construction, telecommunications and other services fell.

The current U.S. Department of State Travel Advisory at the date of Islam provides the foundation for Afghan customs, laws, and practices.

Visit our new interactive Atlas! The lowest median age at first marriage is in Nimroz. Child marriage is driven by gender inequality and the belief that girls are somehow inferior to boys. In Afghanistan, child marriage is also driven by:. Afghanistan has committed to eliminate child, early and forced marriage by in line with target 5. Afghanistan co-sponsored the and UN General Assembly resolutions on child, early and forced marriage. Afghanistan ratified the Convention on the Rights of the Child in , which sets a minimum age of marriage of 18, and the Convention on the Elimination of All Forms of Discrimination Against Women in , which obligates states to ensure free and full consent to marriage.

Afghanistan: Reject stoning, flogging, amputation and other Taliban-era punishments

Like all other parts of public life, the administration of justice and access to legal remedies and dispute resolution have been severely disrupted by the COVID pandemic. In addition, high rates of communicable diseases such as tuberculosis make the Afghan population particularly vulnerable to the effects of the pandemic. These concerns raise the possibility of significant social and economic disruption in the coming months if they are not addressed through concerted national and international action.

The Government of Afghanistan is actively implementing strategies to mitigate the spread of COVID, protect public health and guarantee human rights and maintain the rule of law by, among other things, maintaining access to vital public services including the justice system. Public health measures have been reinforced as COVID has spread more widely, including screening at ports of entry, quarantine for infected people, and closure of public places for gathering.

numbers. INK Afghanistan National Security Forces Sustainment. 12A UNDP Law and Order Trust Fund for Afghanistan. AIP Commencement date

The law governing family relations for Afghanistan’s Shia minority triggered protests and widespread indignation when it was passed in March. Articles in the original version required a wife to submit to her husband’s advances every four days and stated that she could not leave the house without his permission. Barack Obama called the clauses “abhorrent” and President Hamid Karzai promised to reform the law in the face of intense international pressure.

The amended Shia personal status law was passed by the Afghan cabinet in secrecy earlier this month. But despite some contentious clauses being removed, it still states that a man need not support his wife financially unless he has “access to her”. My big fat Afghan wedding: lavish receptions to be curbed due to financial constraints. The new law also still gives rights of guardianship entirely to fathers and grandfathers.

By stipulating blood money should be paid for underage girls who are raped, human rights groups allege it also implicity sanctions child abuse. Under the Afghan constitution, the country’s 10 per cent Shia minority is allowed to settle family affairs under its own jurisprudence. President Karzai was accused of signing off the controversial law to win the support of Shia voters, who are a potentially critical swing vote in the August 20 presidential election.

After the outrage surrounding the original law, human rights groups and Afghan MPs took part in consultations with the government. However’ some groups said they were then coerced into agreeing a diluted version of the law.

Rule of Law in the time of COVID-19: Afghanistan

Public stoning to death, amputation of limbs and flogging are among the brutal punishments being put forward as draft amendments to the Afghan Penal Code. International law prohibits all forms of cruel, inhuman, degrading and torturous punishments. Amnesty International also opposes the death penalty — the ultimate cruel, inhuman and degrading punishment — under any circumstances and regardless of the method of execution.

Amnesty International calls on the Afghan parliament to flatly reject the draft amendments, abolish all forms of corporal punishment, and immediately establish a formal moratorium on executions with a view to abolishing the death penalty.

The Afghan Penal Code and the EVAW Law. The current Afghan Penal Code, which dates from , criminalises rape and sexual assault.

Go back to country map. Despite recent efforts to bolster protections, Afghan women and girls continue to suffer widespread discrimination, domestic violence, forced marriage, trafficking, and other forms of violence. For further information and guidance for individuals from the U. Girls and women in Afghanistan have severely limited rights when entering into or attempting to dissolve a marriage. Although statutory law sets out a minimum age for marriage of 18 for males, 16 for females, and 15 with guardian consent, and recent legal reforms, including the National Action Plan for the Women of Afghanistan, included provisions criminalizing forced and underage marriage, these laws are not regularly observed or enforced.

Instead, tradition and customary laws tend to frame marriage-related practices, often allowing for marriages without the consent of both parties. It is unlikely that current Afghan laws and judicial remedies could adequately protect a girl or woman who faces a forced marriage. There are few state courts in country, many of which apply traditional or customary law over statutory law, and other cases are referred to tribal tribunals which apply their own rules and customs, leaving many women and girls without recourse in the state legal system.

Compared to men, women have very limited options for pursuing dissolution of a marriage, 5 and it is very difficult to obtain a divorce or annulment without consent of the spouse and family.

Afghanistan 2020 Crime & Safety Report

According to UNICEF, child marriage is the “formal marriage or informal union before age 18,” and it affects more girls than boys. The practice of child marriage has been linked to detrimental consequences for girls, such as the inability to obtain an education and skills to work independently. According to Afghan Civil Law Article 40, “marriage is a contract between a male and female for the establishment of a family. Due to shortcomings in the implementation of the Civil law, child marriages are still prevalent.

Lesbian, Gay, Bisexual and Transgender people in the Islamic Republic of Afghanistan face Afghanistan’s Constitution establishes the prominence of Sharia law as a precursor English · Use dmy dates from January · All articles with unsourced statements · Articles with unsourced statements from December

Under Afghan law, civil and religious marriage ceremonies may be performed for some foreigners. Afghans who are dual nationals are treated solely as Afghan under the law. It is not possible for a non-Muslim man to marry a Muslim woman in Afghanistan, but it is possible for a Muslim man to marry a non-Muslim, foreign, woman. Additionally, the court will not register marriages involving Afghans who claim not to be Muslim, unless the couple consents to a Muslim religious ceremony.

Afghan law considers all Afghans Muslim by default. In the provinces, outside of Kabul, marriages can be registered at the civil courts. The couple must appear at the Family Court in Kabul with two witnesses and photo identification preferably their passports. Witnesses should also have photo identification. If one of the individuals who wish to marry is Muslim, a religious Muslim ceremony will be performed at the time of registration.

LGBT rights in Afghanistan

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1. Islamic Republic of Afghanistan. Ministry of Justice. OFFICIAL GAZETTE. Extraordinary Issue. Law on Protection of Child Rights. Date: 11th.

Under the terms of the Law on the Protection of Historical and Cultural Properties and the previous Code for the Protection of Antiquities in Afghanistan , all antiquities All exportation of antiquities, including temporary exportation, is forbidden without a permit. Only privately-owned, registered antiquities may be sold or exported. Traffic in unregistered antiquities is forbidden. Sale of immoveable antiquities may take place only under auspices of the State.

The State maintains the right to expropriate any antiquity for the purposes of care or collection, and retains all rights to replication, photographing and publication of any antiquity. Penalties for infractions of the law include fine, imprisonment, and confiscation of all objects involved as outlined in Chapter 8. Disclaimer: The information on this page and associated pages in this training resource is for informational purposes only and should not be construed as legal advice.

This information is not intended to create, and receipt of it does not constitute, a lawyer-client, advocate-client or any other professional relationship. Internet subscribers and online readers should not act upon any of this information without seeking professional counsel.

Law on Domestic and Foreign Private Investment in Afganistan

Afghanistan has no legal age of consent, because marriage is legally required before sexual intercourse is allowed. If there is no age limit to marriage, there is effectively no age of consent between married individuals. There is no age of consent in Afghanistan, as all sexual activity outside of marriage is illegal.

The minimum age of marriage for men is 18, and is 16 for women. Afghanistan does not have a close-in-age exemption. Close in age exemptions, commonly known as “Romeo and Juliet laws” in the United States , are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.

Article of the Constitution allows for the implementation of Sharia Law which However, there is sparse evidence, anecdote and date being reported on the.

The Government of Afghanistan is currently reviewing a bill that would reform and modernize the country’s contract law. Afghanistan is a civil code jurisdiction and, currently, contracts are governed by sections of the country’s Civil Code dating from and Commercial Code dating from Both the Civil Code and the Commercial Code are based on the laws of Egypt, which in turn are based on French civil law.

During the period following the Soviet invasion, and the subsequent civil war in Afghanistan, little attention was paid to updating or modernizing these Afghanistan statutes. Commercial law reform has been a priority for Afghanistan’s new President, Hamid Karzai. The Minister of Commerce, Sayed Mustafa Kazemi, has repeatedly stressed the Government’s commitment to transforming Afghanistan into a free-market economy with minimal barriers to entry for foreign investors; Mr.

Kazemi, Dr.

Afghanistan: country policy and information notes

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Date: 26/5/ Legislative Decree of the President of Islamic Republic of Afghanistan. On issuance of Banking Law of Afghanistan. Article one: As per the​.

ARTICLE 1: All Afghan subjects entering or leaving Afghanistan are obliged to obtain a passport according to the terms of these regulations and submit it to relative officials for checking. No one will be allowed to leave or enter without a passport. ARTICLE 2: Persons residing outside of Afghanistan who claim to be Afghan subjects, but enter into the country without a passport must explain the reasons why they did not obtain one.

After their citizenship is verified, they may be allowed to enter after the proper authorization. Those who cannot clarify their identity, will be investigated quickly. If their citizenship is proved, they will be allowed to enter, otherwise they will be turned back. Abroad – by embassies, consulates and officials assigned for visa, and authorized representatives of the foreign ministry.

The above-mentioned authorities are obliged to investigate those who request passports. Those who have no citizenship papers must be given a passport only after their citizenship has been proven. ARTICLE 6: Individuals who are under 18 years of age, who do not submit a written permission from their parents or guardians, will not be given a passport for exit. ARTICLE 7: Female subjects of Afghanistan not accompanied by their legal relatives, and married women who are not accompanied by their husbands, or who do not have written permission of their husband, with the exception of travel to religious shrines , cannot get a passport.

ARITCLE Afghan subjects who wish to return to Afghanistan, but cannot pay the passport fee will be given a passport free of charge after confirmation by 2 Afghan subject or one who is in an official capacity. Those who have no husbands or legal relatives, and are traveling for religious purposes will be given individual passports according to separate instructions.