Afghanistan's Agenda for Action - Economic Growth - usaid

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Afghanistan’s Agenda for Action: Developing the Trade & Business Environment – August 2007• A new IPR regime should include a component ofpublic education that discourages use ofcounterfeit or unlawfully duplicated goods.• Customs officers should receive comprehensivetraining in recognizing and seizing counterfeitgoods.138
Afghanistan’s Agenda for Action: Developing the Trade and Business Environment – August 2007ATTACHMENT 1:COMPILATION OF RECOMMENDATIONSISLAMIC LAW (Sharī’ah)No. Type Recommendation Priority Duration1. Education/Coordination/ConsensusbuildingInternational donor organizations and other NGOs involved in commercial law reform musttake account of the strong traditions in Sharī’ah and customary law in order to give commerciallaws and supporting institutions clear legitimacy, especially outside Kabul. To achieve this,donors would benefit from consultation with Afghan Sharī’ah scholars and clerics, as well asrespected Islamic scholars and clerics from other Islamic countries. This would especially actas a counter-balance to extremist Islamic interests in Afghanistan and in the region.International donor organizations and other NGOs involved in commercial law reform shouldengage in consultation with Afghan shuras and jirgas to determine whether there are anycommonalities in regional/provincial laws which should be taken into account in commerciallaw reform.High Long term2. Institutionalcapacity building/Legal systemreform3. Judicial Training/Institutionalcapacity buildingThe court system should be structured to ensure the appointment and meaningful training ofjudges who are familiar with and sensitive to issues of Sharī’ah (including both Sunni and Shi'āmadhahib) and especially customary law. These judges should have reputations for integrity –possibly a judicial nominating commission that makes recommendations to the President – withgreater transparency and an opportunity for input by the public, legal community, and ‘ulamā’.A special judicial training program should focus on the prominent Sunni and Shi'ā madhahib, aswell as Constitutional law, civil law, judicial ethics, and legal issues specifically involving women(i.e. unlawful gender inequality and the status of women in Islam) – this should be as asupplement to, and not instead of, better cross-curricular studies between the faculties ofSharī’ah and faculties of law at Afghanistan’s nine universities with such faculties.HighMediumMediumtermMediumterm139
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Page 174: Nicholas Klissas, USAID/EGATTel: 20
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Afghanistan's Agenda for Action - Economic Growth - usaid

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