Press Release

Afghan Government Considers New Measures for Enforcing Civil Judgements

Afghanistan's Ministry of Justice (MoJ) prepares to modernize outdated law on the Acquisition of Rights

Kabul, Afghanistan  | Tuesday, May 13, 2008

Reform and modernization of procedures for enforcing civil and commercial court judgments are crucial to building Afghanistan’s economy.

That is the rationale behind USAID’s efforts to assist the Ministry of Justice (MoJ) as it prepares, in partnership with other stakeholders such as the Afghanistan Supreme Court, to modernize Afghanistan’s outdated Law on the Acquisition of Rights.

From April 20 to 22, 2008, USAID, through its Rule of Law program, supported the third in a series of roundtable consultations sponsored by the MoJ and attended by representatives from the Ministry of the Interior, Supreme Court, the Attorney General’s Office, the Afghanistan Independent Human Rights Commission, and the President’s Office.

The aim of the roundtable was to develop a national policy on the enforcement of civil court judgments that will inform a new enforcement law.  This law replaces the outdated Law on the Acquisition of Rights, which also governs the responsibilities of the MOJ’s Hoqooq Department, whose 374 offices in 34 provinces are tasked with resolving civil disputes and enforcing civil court judgments.

During the three days of consultations, roundtable participants agreed on numerous points that will be included in the national policy document. Participants agreed, for example, that the Hoqooq should continue to require guarantees from debtors in special cases; that penalties should be exacted for frivolous claims that unduly burden Hoqooq offices; and that the police should cooperate with the Hoqooq, under the Law of the Police and the Law on Acquisition of Rights, to summon debtors before Hoqooq staff members to provide financial information crucial to enforcement of valid court judgments.

With USAID’s assistance, the Ministry of Justice will finalize the policy document that integrates the roundtable participants’ input this month. The new Afghan Enforcements Procedures Law will be drafted based on this policy.