UNDP has shifted its programme on access to justice to the local communities, addressing demand at the grassroot level in partnership with civil society organizations (CSOs). Rigorous analysis and inclusive discussions identified positive traditional justice practices which were then applied in southern and northern provinces of Afghanistan.
Legal assistance, encompassing consultation, documentation and representation, was extended to 206 individuals who were identified as vulnerable or marginalized, including 76 women.
Over 1,000 women benefitted from legal awareness programmes and trainings designed to educate women about their rights and available legal avenues to protect them. This initiative was crucial in empowering women and promoting gender equality within the justice system. In addition, 802 women received paralegal services.
Since the collapse of the Government and the Taliban takeover in August 2021, it has become increasingly difficult to access justice and legal aid services, especially for women. Access to formal legal mechanisms has been impeded by the lack of harmonized practices and the implication of Islamic Sharia Law (ISL) in different regions. 1 Previously adopted laws could not be applied and key institutions, such as the Afghanistan Independent Human Rights Commission, the Ministry of Women Affairs and the Afghanistan Independent Bar Association were abolished.
In this context, the programmes of UN agencies and other organizations aimed at strengthening justice providers have faced significant setbacks. Prosecutors and judges, both men and women, were replaced by new officials who are primarily expected to execute the agenda set forth by the de facto authorities (DfA). Courts operated under irregular procedures and often without clear legal jurisdictions. Women justice practitioners were systematically removed from the system. In the end of 2022, women working for international or domestic non-governmental organizations were prohibited from going to the office, and in April 2023, a Taliban order barred women staff from working with the UN. Such erosion of women's rights has further deteriorated the human rights situation, undermining trust in the country's legal mechanisms.
Amidst these challenges, UNDP has shifted its programme on access to justice to the local communities, addressing demand at the grassroot level in partnership with the CSOs. These CSOs maintained limited interaction with DfA judicial mechanisms to select beneficiaries and ensure fair access to justice for vulnerable groups. Through rigorous analysis and inclusive discussions, positive traditional justice practices were identified and applied in southern and northern provinces of Afghanistan.
Under the ABADEI Programme, UNDP launched activities to facilitate free legal aid services, particularly for people under trial or at the pre-trial stage in criminal and civil cases, through formal justice mechanisms and mediation methods. The formal services were provided by defence lawyers licensed according to the DfA’s procedures. When needed, the lawyers visited their defendants in places of detention and juvenile rehabilitation centres. To better protect women defendants, female defence lawyers were employed to provide legal aid services, which included in-person consultations, e-counselling and drafting of defense statements. As a direct outcome of these efforts, 206 vulnerable citizens, including 76 women, received comprehensive legal aid services, such as consultations, documentation and representation. Furthermore, 52 individuals, including 16 women, benefitted from mediation services as a step to foster a culture of dialogue and social cohesion.
To increase legal awareness, UNDP facilitated a series of workshops on the principles of informal justice to equip community leaders with the knowledge and tools necessary to guide their communities towards a better understanding of justice. A diverse group of 150 traditional elders and religious scholars attended the workshops.