Political Parties Law

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Document Information:

  • Year:
  • Country: Afghanistan
  • Language: English
  • Document Type: Domestic Law or Regulation
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In the Name of Allah, the most gracious, the most merciful

Political Parties Law

Chapter one
General Provisions

Article 1

This law is adopted pursuant to article 32 of the 1964 Constitution on the establishment,
functions, rights, obligations and dissolution of political parties in Afghanistan.

Article 2

In this law, “political party” means an organized society consisting of individuals which
undertakes activities for attaining its political objectives, locally and/or nationwide, based
on the provisions of this law and its own constitution;

Article 3

The political system of the State of Afghanistan is based on the principles of democracy
and pluralism of political parties.

Chapter two
Establishment and registration of political parties

Article 4

Afghan citizens of voting age can freely establish a political party, irrespective of their
ethnicity, race, language, tribe, sex, religion, education, occupation, lineage, assets and
place of residence.

Article 5

Political parties can function freely on the basis of the provisions of this law, and have
equal rights and obligations before the law.

Article 6

Political parties shall not:

(1) pursue objectives that are opposed to the principles of the holy religion
Islam;
(2) use force, or threaten with, or propagate, the use of force;
(3) incite to ethnic, racial, religious or regional discrimination;
(4) create a real danger to the rights and freedom of individuals or
intentionally disrupt public order and security
(5) have military organisations or affiliations with armed forces
(6) receive funds from foreign sources.

Article 7

The headquarters and any regional offices of a political party shall be located in
Afghanistan. The government shall ensure the security and safety of the political party’s
offices.

Article 8

(1) All political parties shall be registered with the Ministry of Justice.
(2) The procedure for establishing and registering political parties shall be regulated
by separate regulation.

Article 9

The Ministry of Justice may refuse the registration of political parties which:

(a) do not fulfill the requirement of Article 6
(b) have fewer than 700 members at the time of registration
(c) wish to register under the name of a political party that has already been registered.

Article 10

If the Ministry of Justice rejects the registration of a political party, the applicant shall
have the right to appeal to the relevant court

Article 11

A political party may officially start its activities after being registered by the Ministry of
Justice.

Article 12

A registered political party shall enjoy the following rights:

(a) Independent political activity;
(d) Permanent or temporary political alliance or coalition with other political
parties;
(e) Open and free expression of opinions, both in writing and verbally, on
political, social, economical and cultural issues, and peaceful assembly;
(f) Establishing an independent publication organ;
(g) Access to the media at the expense of the political party;
(h) Introducing candidates at all elections;
(i) Other rights in accordance with the aims and duties of a political party as
indicated in its constitution.

Article 13

(1) Afghan citizens who have completed the age of 18 and have the right to vote can
acquire membership of a political party.
(2) A person shall not be member of more than one political party at a time.
(3) Judges, prosecutors, leading cadres of the armed forces, officers, non-
commissioned officers, other military personnel, police officers, and personnel of
national security, shall not be members of a political party during their tenure of office.

Chapter three
Financial matters

Article 14

The funds and expenses of political parties shall be public and transparent.

Article 15

(1) Political parties may receive income from the following sources:

(a) Membership contributions
(b) Donations by Afghan natural persons up to two million Afghani per year
(c) Income from a party’s movable and immovable property
(d) Subsidies by the government in connection with elections
(e) Other contributions by members

(2) Political parties shall register all their income with relevant offices and deposit it
in a bank account.

Article 16

(1) The leadership of the political party shall bear financial responsibility during its
tenure.

(2) In order to carry out its financial affairs, the leadership of the political party shall
appoint one or more authorized representatives and introduce their signatures to the
relevant bank.
(3) The movable and immovable property of political parties shall be registered in the
office of the party and in the Ministry of Finance through legalized documents.

Chapter four
Dissolution of a political party

Article 17

The dissolution of a political party shall not be ordered unless:

(1) the party uses force, or threatens with the use of force or uses force to
overthrow the legal order of the country, or the party has a military organisation
or affiliations with armed forces,
(2) lawful measures taken to prevent the situations mentioned in sub-item 1 of this
Article are not effective,
(3) the party acts against the articles of the Constitution and/or this law.

Article 18

The Supreme Court shall, upon the request of the Minister of Justice, order the
dissolution of a political party according to the articles of this law.

Article 19

(1) The Supreme Court shall consider a request for dissolution of the political party
as a priority matter and in the shortest possible time.
(2) The hearings of the Supreme Court shall be open to the public.

Article 20

The leader or the authorized representative of the political party shall have the right to
request the Council of the Supreme Court to replace the presiding officer or one or more
of the judges. If the Council of the Supreme Court considers the request justified, it shall
appoint another presiding officer or judge.

Article 21

The leader or authorized representative of the political party shall have the right to be
heard and to participate in the hearings of the Supreme Court.

Article 22

The Supreme Court shall fully state its reasons when ordering the dissolution of a
political party. The order by the court for the dissolution of the political party shall be
definite and final, and shall be published by mass media.

Chapter five
Final provisions

Article 23

All political parties and political organisations shall register in accordance with the
provisions of this law. Political parties shall not enjoy the rights in this law unless they
are registered.

Article 24

Financial and commercial governmental organs, and the responsible officials heading
those organs, shall not use their position to favour or to disadvantage any political party.

Article 25

This law shall be in effect from the date it is published in the Official Gazette. This law
shall abolish the political parties’ law published in the Official Gazette No. (733), dated
29/10/1369.