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Decree of the President of the Transitional Islamic State of Afghanistan on the Adoption of the Law on Assemblies, Strikes, and Demonstrations
Date 09 January 2003
The law on Gatherings, Strikes, and Demonstration adopted by the Council of Ministers’ Decision Number 54ع/24خ on 09 January 2003 within 3 Chapters and 29 Articles is hereby signed.
This Decree comes into force after it is signed and shall be published along with the above law in the Official Gazette.
President of the Transitional Islamic State of Afghanistan
Official Gazette (14)
In the Name of Allah, Most Merciful, Most Compassionate
The Law on Gatherings, Strikes, and Demonstrations
Chapter 1: General Provisions
This law is established on the basis of Article 32 of the 1964 Constitution for the purpose of regulating issues related to gatherings, strikes, and demonstrations.
Citizens of Afghanistan have the right to hold gatherings, strikes, and demonstrations without the bearings of weapons for the realization of their peaceful and lawful goals that are not contrary to national unity and the provisions of the Constitution.
Unless otherwise stated, the terms below have the following definition:
“Gathering”: an assembly of more than 30 people where other people can freely participate and is in a stationary state in a public place and an organised and obvious fashion and is being for or against some specific purposes for which it tries to attract public opinion;
“Strike”: refers to abstaining from work or not performing one’s duty, something which people exercise in order to further specific goals;
“Demonstration”: refers to an organized and obvious gathering where people express specific goals while marching through already specified routes;
“Peaceful and Lawful Purpose”: refers to that purpose whose attainment is permitted by law;
“Organisers”: that person or persons who direct, manage, and lead gatherings, strikes, and demonstrations;
“Public Place”: refers to those streets, fields, parks and other spaces where people can move freely;
“Private Place”: refers to an area where movement is subject to the permission of the owner or overseer;
Participation in gatherings, strikes, and demonstrations shall be voluntary. No one can compel people to take part in gatherings, strikes, and demonstrations for personal or group benefit.
Gatherings, strikes, and demonstrations are permitted in those public places where such activities are not prohibited by this law, and in private places they are permitted only with the written permission of the owner or overseer.
Chapter Two: Obligations
The state has an obligation to ensure the security and safety of organisers and participants of gatherings, strikes, and demonstrations.
Whether gatherings, strikes, and demonstrations are held by organizations or individuals, organisers and participants are obligated to:
Gatherings, strikes, and demonstration cannot be held in the vicinity of these places and in these times:
For the purpose of dispersing gatherings, strikes, and demonstrations because of the presence of one of the states mentioned in Articles 7 and 8, the police will resort to the following tactics or measures:
If the use of technical obstacles and other means of support in police disposal do not prove effective in stopping and dispersing demonstrations, police can apply Article 22 of the Police Law.
Security organizations shall in accordance with Article 22 of the Police Law try as much as possible to avoid confrontation with the participants of gatherings, strikes, and demonstrations and their representatives.
The use of placards, slogans and pictures is permitted in demonstration and gatherings provided that they are not contrary to social propriety, order, and public safety.
Participants in gatherings, demonstrations, and strikes cannot publish rumours and baseless propaganda that would create shock and horror in society.
The holding of gatherings and demonstration is not permitted if they are carried out in order to further the economic, political, and social objectives of other countries or their citizens, or when they are against the national interest and national unity.
Citizens of other countries cannot participate in demonstrations.
Security organisations shall not force their way into gatherings, strikes, and demonstration and undermine the latter organisation [order] or cause confrontation.
The use of means available to security organisations cannot be deliberately hostile and vengeful and cause the deterioration of affairs and create political and social disquiet.
Police can end demonstrations, strikes, and gatherings under the following circumstances:
Any action during gatherings, demonstrations, and strikes that causes harm to public or private property is a crime, and the perpetrator shall, in addition to paying compensation, be prosecuted.
No person is permitted to hold gatherings, strikes , and demonstration during the state of emergency.
The bearing of any kind of weapon during gatherings, demonstrations, and strikes is prohibited and the bearer shall be arrested and prosecuted.
If gatherings, demonstrations, and strikes led to widespread rebellion, security organisations, upon obtaining the permission of proper authorities, can take urgent legal measures to stop the rebellion.
If persons who lead gatherings, strikes, and demonstrations issue orders for violent actions and if the participants commit such actions then the former shall be prosecuted according to the laws of the country.
Part Three: Final Provision
Military staff of the armed forces (Ministries of Defence, Interior, and Directorate-General of National Security) is not permitted to participate in gatherings, strikes, and demonstrations.
The continuation of demonstrations is not permitted if associational and group demands, which formed the basis of gatherings, strikes, and demonstrations, are met through negotiations and understanding with relevant authorities.
If the relevant authorities consider it necessary to reach an understanding with the representatives of gatherers, strikers, and demonstrators, then these representatives shall have complete safety in accordance with Article 6 of this law.
This law comes into force from the date of its signing and shall be published in the Official Gazette.