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The Afghan Parliament, Anti-Narcotics Commission, discusses a crucial Bill: Law on Fight against the Ethical Corruption and [Safeguarding] the Social [Security]).
In fact, this instrument if converted in Law will project Afghan people in the dimension designed by Mullah Omar's power
Left: an old image of Afghan Tribsmen
Domenica 20 Settembre 2009
Go to the article (Italian only)
Law on Fight against the Ethical Corruption and [Safeguarding] the Social [Security]
This law has been adopted in the light of provision of clause one, article 24 of the constitution of Afghanistan, in order to prevent ethical and social corruption and bring order and peace to the society.
The goals of this law include:
1. Protecting and safeguarding the ethical standards and approved [social] behavior in accordance with the exigency of Islamic values.
2. Psychological and physical protection of the members of society from ethical and social corruption.
3. Fight against the ethical and social corruption and punishment of culprits.
4. Prevention of audio and visual deviant transmissions and importing and production of its mediums and means.
5. Prevention of such acts which causes ethical and social corruption.
The following terminologies in this law have the following meanings:
1. Ethical and social corruptions: Acts against the Islamic Sharia, whose perpetration causes harm and persecution to the people or affects the safety and mental and physical development of the members of society.
2. Deviant Transmission: Audio and visual programs that are against the Islamic values, whose transmission causes ethical and social deviation.
3. Veil: observance of religious (Sharia) covering.
4. Alcoholic beverages: include liquids that have alcohol even in a lessen percentage.
5. Intoxicative material: include intoxicant material which affects the mind and psyche of humans, e.g. cannabis water, euphoric materials etc.
6. Inappropriate outfit: skin tight, short, delicate and clothes against the custom.
7. Public place: highway, public park, garden, banks of river, public bridge, educational centers, schools, market, road, footpath, store, recreation spots, buses and other transporting vehicles, street, open or closed gorges, soldiers ground or a similar place where everyone has the right to enter and or any place where anyone can walk and use it.
8. Verbal and physical harassment: remarks which are inconsistent with modesty and perpetration of an act of harassment against women or children.
(1) In order to prevent ethical and social corruptions inserted in this law, the commission for the fight against ethical and social corruption has been set up as follow:
1. Minister of Haj and Endowment as Chairman.
2. Deputy Attorney General as member.
3. Cultural Deputy of the Ministry of Information & Culture as member.
4. Deputy Minister of Women Affairs as member.
5. Representative of the Independent Human Rights Commission of Afghanistan as member.
(2) The commission can invite, if needed, real persons and representatives of real persons in the meetings of the commission.
(3) A secretariat shall be set up in the structure of the Ministry of Haj and Endowment for the running of affairs of the commission. The method of activities of the commission and secretariat shall be organized through separate mandates which shall be approved by the commission.
The [accounting] agency shall be the implementer of provisions of this law throughout the country.
Powers of the Commission
The commission on the fight against the ethical and social corruptions has the following powers:
1- Drafting and approval of procedures for the better implementation of provisions of this law.
2- Monitoring the activities of implementing body of this law.
Ethical and Social Corruptions and their Penalties
The perpetrations of acts inserted in this article are prohibited as ethical and social corruption. The perpetrators shall face the following penalties:
1- A person who provides, produces, imports, keeps, buys and sells and promotes alcoholic beverages, movies, video cassettes, CDs, DVDs, naked movies, half naked or [anything] against the Sharia shall face imprisonment of three months to one year accordingly.
2- A person, who facilitates a place for female professional dancers or organizes such activities, shall face imprisonment of six months to two years accordingly.
3- If a hotel manager or a similar residence provider gives accommodation to a man and woman without acquiring document of privity or marriage shall be sentenced to an imprisonment of three months to one year.
4- A person who organizes mix exercise program for males and females together, the organizer shall face a detention for one year and perpetrators shall be fined Afs.10000 accordingly.
5- If a professional female dancer dances in front of males; she shall face an imprisonment of six months to one year.
6- If a person makes a female or a child dance, s/he shall face an imprisonment of three months to one year.
7- If a person smokes in public place, s/h shall pay a fine of Afs.300.
8- If a person takes a woman in his vehicle at night without a close relative, he shall face a fine Afs.500.
Legal excuses are exempted for this provision.
9- If a person harms his children or wives verbally or in action inconsistent to modesty, he shall face an imprisonment up to three months.
10- If a person makes himself/herself similar to opposite sex through outfit, s/he shall be fined Afs.200.
11- If a person shakes hand with the opposite sex, s/he shall pay a fine of Afs.200. Lawful relatives are exempted from this provision.
12- If a person holds a mix party between men and women, the organizer shall pay a cash fine of Afs.10000 and the participants shall pay a fine of Afs.100 each.
13- If a person sends a female employee of an office or NGO to a province without a lawful companion, [s/he] shall face a cash fine of Afs.5000.
14- If a woman is found in an NGO office without a reasonable excuse after the official time, the female and the authority of the NGO shall face a cash fine of Afs.10000.
15- If a person puts animals or birds into fight, s/he shall face a fine of Afs.1000 and the animal or bird shall be handed over to the zoo.
16- If a person is present in the gathering of gamblers or animal fighting, s/he shall face a cash fine of Afs.50.
17- A person gambling on sporting competition or animal fighting shall face a cash fine of Afs.3000.
18- A person gambling in the hall of a billiard or video game or similar to that, both sides shall face a fine of Afs.200 and its owner is bound to pay a fine of Afs.1000.
19- A person wearing inappropriate clothes is bound to pay a cash fine of Afs.200.
20- If a person imports or presents inappropriate cloths for sale, s/he shall be bound to pay a cash fine of Afs.2000.
21- A woman exposes her makeup to strangers shall pay a cash fine of Afs.200.
22- A woman who does not observe veil shall pay a cash fine of Afs. 200.
23- A person, who plays loud music in his house or in the restaurant of a hotel and is heard outside, shall pay a cash fine of Afs. 5000.
24- A person playing music in public places is bound to pay a cash fine of Afs.500 and musical instruments shall be confiscated.
25- If a person [found] pigeon flying from rooftops [then] not only the pigeon house shall be destroy but shall pay a cash fine of Afs.1000 as well.
26- A person [found] kite flying from rooftop shall pay a cash fine of Afs.500.
27- A person goes to opposite sex for makeup, shall pay a cash fine of Afs.1000.
Approval and Procedure
The Commission of Fight against the Ethical and Social Corruption is bound to clarify, regularize and ratify the details of article 7 of this law in separate procedures, which are more acceptable from the Sharia point of view.
Cooperation by Agencies
All the government and non-government agencies are bound to cooperate with ( ) in the implementation of provisions of this law and other relevant procedures.
Payment of fines
The cash fines mentioned in this law shall be obtained on spot by the ( ) authorities in return for a receipt and shall deposit it in the government income account within 48 hours.
Responsibilities of Police and Authorities of Customs
While searching and controlling the luggage of travelers and levying taxes on the imports, the border police and custom authorities of the country are bound to confiscate and destroy on spot the alcoholic beverages and video cassettes, DVDs and CDs whose production, import, export and storage have been banned by this law.
Presentation of Report
The ( ) are bound to present a monthly report of their activities to the Commission of Fight against Ethical and Social Corruption.
Date of Implementation
This law shall be implemented after its approval and shall be published in the Official Gazette (OG).
Go to the article (Italian only)