The Afghanistan Independent Bar Association (AIBA) was formally created by the legislative act of the Advocates’ Law, which was passed by the Afghan Parliament in November 2007. The AIBA is unique to all other independent bar associations in that its Constitution enshrines the presence of women members in the leadership and decision-making levels of this institution.
The AIBA works to promote and protect the rule of law, social justice and implementation of Islamic instructions in Afghanistan. The AIBA believes in the right of Afghan citizens to have disputes heard and determined with the support of defense attorneys who are well-qualified, committed to the ethical practice of law and able to practice independently regardless of any discrimination and without interference.
Since 2008, the AIBA’s main focus has been increasing its membership of registered defence lawyers to allow Afghans to afford their legal rights and offer legal assistance, including pro bono work to women, children and men. The AIBA continues to develop and flourish through the assistance of international supporters. The AIBA has approximately 6000 members, with 25 per cent of them being women. It has expected its membership to grow to more than 6500 as of 2021, and with it the demand from its members for quality continuing legal education.
To achieve this aim, the AIBA notably provides its members with educational programmes to improve competency and efficiency in the practice of law, while striving for the highest standards of ethical conduct. It also informs the public of their basic legal rights and the legal processes of the formal judicial system, as well as providing legal aid to those in need.
The AIBA played a key role in providing justice, supporting the rule of law and protecting the rights of citizens. Additionally, the AIBA played a dynamic role in promoting human rights and international law through its involvement in the government's legislative policies, such as the new Penal Code of Afghanistan.
The Taliban's rise to power resulted in the collapse of all the progress and accomplishments made by the legal sector under the previous government. In November 2021, the Taliban's Cabinet made the decision to dissolve the AIBA. Following this decision, Taliban-affiliated armed groups captured the AIBA’s main office, detained staff members and took control of the AIBA’s files, office sand databases, including information on its members and cases.
From November 2021, more than 6,000 AIBA members, including female advocates, were left with an unclear future and their activities were banned by the Taliban. More than 25 per cent of the AIBA’s female members are being held in their homes and are unable to engage in legal activities.
After the fall of Kabul and the Taliban's takeover on 15 August 2021, the leadership and members of AIBA have announced their commitment to continue their work and have set up in a bar association in exile. Fortunately, this concept was welcomed and supported by the International Bar Association and the Council of Bars and Law Societies of Europe. This is in an effort to preserve the identity of the AIBA, the work of its lawyers and the progress made over the past 20 years, while providing services – particularly for women and endangered lawyers – with the support of international partners.
The AIBAIE in Exile, as a professional body regulating the affairs of defense attorneys in the country and abroad, has the following mission to serve defence lawyers, the justice system and the citizens of the country:
"To preserve the values of AIBA which were attained for a decade and to introduce an official address for the activities of AIBA in exile which can act as a driving force and coordination body for the cohesion of lawyers inside and outside of the country as well as to stand against illegal acts and violation of human rights."
The AIBA and its members are committed to excellent leadership and effective use of their resources for the purpose of defending human rights and combatting any discrimination. Additionally, the AIBAIE in Exile will strive to restore the prestige, the reputation and the credibility of the AIBA.
The AIBA in Exile aims to accomplish the following goals:
