Complexity Faced by Legal Clinics in Afghanistan: Addressing the Challenges
| DOI | 10.1177/2322005820919256 |
| Published date | 01 July 2020 |
| Date | 01 July 2020 |
| Author | Seyed Ali Hosseini |
| Subject Matter | Articles |
Article
Complexity Faced by Legal Clinics
in Afghanistan: Addressing the
Challenges
Seyed Ali Hosseini1
Abstract
This article studies the burgeoning legal clinics in Afghanistan and describes the complexity that
influences their effectiveness and accessibility. This complexity arises from conflicts among statutory
law, Sharia and customary laws, exacerbated by the dual legal education in law and Sharia faculties
in the highly challenging environment of the country. The main objective of this qualitative research
is to illustrate these challenges faced by pro bono legal aid and legal clinics, and its main claim is that
unsettled conflicts between statutory law, Sharia and customs and between legal education systems
negatively affect legal aid provision in the country. Legal education, provided by faculties of law and
Sharia to suit the aims of the two recognized legal systems of statutory law and Sharia, is considered
the internal challenge to the clinical legal service, and the highly adverse environment in which legal
clinics operate is considered the external challenge. Since some of the external challenges are related
to traditional dispute resolution mechanisms, they are inevitably related to legal and legal education
systems, and hence, addressing them improves the effectiveness of the legal clinics. This research uses
available data to support its claims. As part of a sustainable solution to the acute shortage of legal aid
throughout Afghanistan, legal education should emphasize practical aspects of law, improve curricular
development in both law and Sharia faculties, train more female lawyers, use more broadly accepted
frameworks of human rights and social justice and highlight the values of voluntarism.
Introduction
Since the fall of the Taliban in late 2001, Afghanistan has been undergoing a significant transformation
that has affected almost all aspects of Afghan life. The introduction of human rights, gender equality and
the rule of law are among the significant changes that Afghanistan experienced after decades of war and
oppression. Soon after the establishment of the new government, the abovementioned international
values became priorities of nation-building and post-conflict reconstruction, which require empowerment
of citizens and reforms of laws and institutions. Provision of legal aid was among the agendas of various
actors because of its connection to human rights and access to justice. It was a realistic approach,
Asian Journal of Legal Education
7(2) 164–177, 2020
© 2020 The West Bengal National
University of Juridical Sciences
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DOI: 10.1177/2322005820919256
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Corresponding author:
Seyed Ali Hosseini, 67 Erb St W, Waterloo, ON, Canada N2L 6C2.
E-mail: shosseini@balsillieschool.ca
1 Balsillie School of International Affairs, Wilfrid Laurier University, Canada.
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