The Afghanistan Independent Bar Association (AIBA) was established under Afghanistan’s 2007 Advocates Law. Prior to the establishment of the AIBA, legal practice in Afghanistan was administered by the Ministry of Justice (MoJ). The AIBA was established in compliance with international standards and the legal profession’s principles. For instance, the establishment of the AIBA itself was based on Article 31 of Afghanistan’s 2004 Constitution, currently disavowed by the Taliban, which provides for, inter alia, the right to have access to a lawyer upon arrest. The mentioned provision is in compliance with the principles adopted by the United Nations as the “Basic Principles on the Role of Lawyers”.
On the establishment and launch of the Afghanistan Independent Bar Association (AIBA) in exile on 24 January 2023, #DayoftheEndangeredLawyer, its President Ruhullah Qarizada, remarked: pic.twitter.com/zfjToPKs1n
— IBA News (@IBAnews) February 1, 2023
The AIBA was authorized to administer legal practice in Afghanistan from 2008 (after its physical establishment) until shortly after the Government of the Islamic Republic of Afghanistan (GoIRA) collapsed on August 15, 2021. It was organized to have a General Assembly, President, Vice President, Executive Council, and members. As the name suggests, the AIBA was a non-governmental, independent and self-governing entity. The AIBA was designed to be in compliance with standard 17 of IBA Standards for the Independence of the Legal Profession (adopted 1990).
From its place of exile in Brussels, the Afghanistan Independent Bar Association (AIBA) relaunched its activities on the annual international Day of the Endangered Lawyer via @Latitudes_be
#Afghanistan #Brussels #lawyers #Taliban https://t.co/o6k5Mlt3U0— Latitudes (@Latitudes_be) January 31, 2023
Bar associations and similar entities are internationally recognized as having a significant role in the administration of justice and upholding the rule of law in their respective jurisdictions. The AIBA had assumed that role in Afghanistan. It was engaged with training newly admitted lawyers in an attempt to prepare them to defend their clients as required by the law. Additionally, it was a member of the Legislative Committee of the GoIRA, commenting on proposed legislation. Furthermore, it was engaged with international organizations in implementing legal awareness programs. It had assumed a role to ensure compliance with basic rights for all during judicial and prosecution procedures in the country.
Lawyers registered with the AIBA were also attentive to the AIBA’s development in particular and Afghan legal developments in general. For instance, the author during his term as the Executive Director of the Afghanistan Center for Commercial Dispute Resolution (ACDR) and the AIBA negotiated a Memorandum of Understanding in February 2020 to educate newly admitted lawyers on alternative dispute resolution, which was at the time seen as a prominent legal development in Afghanistan. The AIBA and its assigned committee were receptive to the idea. This demonstrates the adherence of the AIBA with international standards and principles on legal education for lawyers.
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The Afghanistan Independent Bar Association and the Regulation of Legal Practice, Then and Now