Afghan Legal Education Joseph M. Moyer LT, JAGC, U.S. Navy Office of the SJA, CJIATF 435

Afghan Legal Education Afghan has a rich history of legal education – Secular legal education (faculties of law and political science) – Religious legal education (Sharia school of law) Locations of legal education – Major universities have both secular and religious schools – Many smaller, typically Sharia schools in Kunduz, Takar

Importance of Law Schools Currently building/repairing courthouses, correction centers, prosecution offices throughout country – Little attention paid to training ground for prosecutors, judges, and public servants – Desire to have GIRoA fill tashkills for Attorney General and judiciary Corruption and incompetence hinders formal justice sector – Court decisions are not written or poorly written – Perception of incompetence encourages systemic distrust by populace

Lack of Resources Over 30 state universities in Afghanistan – GIRoA spends $26 million to fund – Less than 1 million per university to support entire university needs Housing, infrastructure are falling apart; faculty is underpaid – Very little has been done since 2001 to support universities – Law schools have been neglected except with a few exceptions

Major Problems in Developing Legal Education Lack of commitment – Other priorities tend to take precedence – Delayed resonse to needs of smaller schools Lack of communication – World Bank - USAID – French Embassy – CJIATF 435 Lack of coordination – Lack of a comprehensive approach to legal education – Different plans developed for law schools in Kabul, Kandahar, and Mazar

Areas of Possible focus Infrastructure – Build new schools (DoD can fund, but higher approval authority) – Repaint, refinish the schools in Kabul (DoD can fund) Textbooks – Getting books from markets, laws not catalogued – Need computers for modern legal education Clinical education – Need for practical experience to assist mostly theoretical training – Clinical education requires resources Job Placement – Ensure students finish law school and obtain qualified positions Educational Opportunities for Afghan Professors – Scholarships Continuing Education for Afghan judges

Getting Afghan Law Students Involved Found a partner in Professor Nasrullah Stanikzai – Asked to work on a project to renovate his government office – Wants to create website to catalog Afghan law in Dari and English (decisions, regulations, decrees, laws) Working with British Embassy – We cant pay for Internet – We can pay for computers and furniture Engaging Afghan law students – Work on catalog – Looking for ways to pay – Possible involvement in CMS Opportunities for practical legal work – Dont know the application section

Current Situation Afghanistan has vast potential for lawyers – Enrollment increasing – Over 3000 at Kabul Faculty of Law and Political Science, over a 1000 at Sharia – Multiple sessions are being held (need lights!) Progressive faculties and administrators – Desire to revamp credit system – Desire to start law journals Bottom Line: Law Schools are an untapped resource for positive change and reform in Afghanistan