Advocates Law is enacted based on article
Advocates Law is enacted based on article 31 of Afghanistan Constitution to regulate related affairs of advocates. It was approved based by decree No 111 dated 25.11.2007 and pursuant to paragraph 16 of article 64 and article 100 of the constitution and decision of mixed delegations of National Assembly, it consists of 5 chapters and 44 articles. New law required Ministry of Justice was obliged under the Advocates Law to take necessary measures within 3 months to establish the Afghanistan Independent Bar Association. As a result the first general assembly of AIBA was held from 27-July-2008 up to 30-July-2008. The first general assembly approved by-laws of AIBA and the president, voice presidents, leadership councils and monitoring board of AIBA were elected. A bar Association was established for the first time in Afghanistan as a separate/independent administration not under MOJ. The AIBA has started providing legal services as a non-governmental and independent institution. Based on Article No 38 of AIBA law, the by-law of AIBA is registered in MOJ ( NO 1340 ) dated 23-Nov-2008.
As stated in the Constitution of Afghanistan under Article 31, the Government of Afghanistan is obliged to provide free legal aid for the disadvantaged. To meet this obligation the Legal Aid department ( LAD ) of the MOJ is charged with providing free legal aid to indigent citizens.
In order to accelerate and quick impacts on people’s lives there has been signed a three partite MOU between MOJ,UNDP and AIBA the Legal AID Grant Facility LAGF is established to enable all Attorneys registered at the Afghanistan Independent Bar Association to apply for legal aid for those cases that require financial support.