Afghanistan faces significant challenges in providing justice services to its population, primarily due to corruption, judicial elitism, high levels of insecurity, and widespread illiteracy. A 2016 World Justice Project report found that only 23% of Afghan citizens used the formal justice system to settle disputes, and less than half had trust in state courts. Social norms further deter potential justice users, especially women, from using the formal system, often leaving them unable to obtain fair remedies for grievances. This has fostered mistrust and deep-rooted divisions between justice seekers and providers, and between community-level legal aid providers and formal providers who have better access to networks and funding.

In 2020, many Afghans were forced to turn to the Taliban justice system and criminal powerbrokers in areas beyond government control. Additionally, customary law remains prevalent because it is cheaper, faster, and more accessible, with around 80% of all legal disputes in the country being dealt with through informal structures such as jirgas and shuras. The coexistence of customary and formal law has resulted in a weak and inconsistent system that fails to provide effective legal remedies to Afghan citizens.

There is a strong need to engage various justice providers representing community-based justice systems with the formal justice system to increase access to formal justice and provide fair legal redress for the most vulnerable in rural areas. Women and children are particularly vulnerable, facing systematic discrimination and complex challenges that extend beyond the criminal justice system. According to UN Women, 87.2% of Afghan women have experienced some form of physical, sexual, or economic violence and discrimination. Children are also victims of unfair treatment and human rights violations, including illegal detention, physical punishment, and cruel treatment in detention centers or prisons.

Based on this analysis, the EU-funded intervention “CSOs for Accountable Justice: Empowering CSOs and Media to Improve Access to Justice and Provision of Legal Aid” was launched in 2019 through the call for proposals “Incentivising Justice Sector Reform in Afghanistan CSOs for Accountable Justice Institutions”. The Intervention supports community-based CSOs/CBOs trusted by women and children to facilitate legal aid and services, address the lack of transparency and accountability in the justice sector, and promote awareness-raising activities and media programming that highlight key gender and child-specific issues. The EU contribution amounts to EUR 1,499,511 (100% of the Intervention budget). The Implementing Partner is Search for Common Ground (Search), with a 30-month implementation period starting on 01 January 2021.