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Afghan Legal Education

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 ( Shar’ia school of law)

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Afghan Legal Education

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

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

  3. 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

  4. 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

  5. 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

  6. 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

  7. Getting Afghan Law Students Involved • Found a partner in Professor NasrullahStanikzai • 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 can’t 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 • Don’t know the “application” section

  8. Current Situation • Afghanistan has vast potential for lawyers • Enrollment increasing • Over 3000 at Kabul Faculty of Law and Political Science, over a 1000 at Shar’ia • 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

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