Challenges and Consequences: The Impact of Bill C-41 on Aid Delivery in Afghanistan

About the Report:

The sudden withdrawal of the United States and its allies from Afghanistan created an unprecedented humanitarian crisis, leaving the country in a state of extreme vulnerability. Amidst decades of ongoing conflict, widespread human rights violations, natural disasters, the COVID-19 pandemic, and systemic corruption, Afghanistan’s reliance on international aid became more critical than ever. However, the rise of the Taliban, a group under sanctions and counterterrorism financing (CTF) measures, presented a unique legal challenge for humanitarian actors working to meet the needs of the Afghan people. These sanctions and CTF measures, designed to prevent material support from reaching the Taliban, inadvertently created significant barriers for the delivery of aid into Afghanistan. Routine, unavoidable, and incidental payments—such as taxes or fees to the Taliban—suddenly carried legal risks, potentially exposing humanitarian actors to severe civil and criminal penalties.

This report delves into the implications of Bill C-41, which introduced a bifurcated framework for humanitarian efforts in Afghanistan. While intended to safeguard against the Taliban benefiting from aid, the law has inadvertently created barriers for humanitarian organizations. The report, based on interviews with Canadian humanitarian actors and desk research, reveals the complexities and challenges these actors face, including programmatic disruptions, bureaucratic delays, and operational hurdles. The report also sheds light on the consequences of Bill C-41 for the Afghan people.

This report was researched and written by Asma Faizi, a lawyer and President of the Afghan Women’s Organization Refugee and Immigrant Services, and was made possible through the generous support of the Canadian Bar Association’s Law for the Future Fund.

For any questions, please contact Zainab Jamal at projectsassociate@ccmw.com

About the Author:

Asma Faizi, Lawyer and President of Afghan Women’s Organization Refugee and Immigrant Services (AWO)

For over twenty years Asma has been a staunch advocate at the national and international level on issues related to the plight of Afghan women, challenges faced by newcomers to Canada, and human rights issues for refugees worldwide. Asma became a Board member of the Afghan Women’s Organization (AWO) in 1998 and has been the President and Chair of its Board of Directors since 2008. The AWO has been providing settlement services for over 30 years to newcomers to Canada with a special focus on women, their families, refugees, and people who have experienced war and persecution. The AWO has also had several home-based/underground schools and educational, capacity building, and income generation projects inside Afghanistan and in the refugee camps in Pakistan. The AWO also established an orphanage in 2004 in Kabul.

Asma is a lawyer and she currently runs a private practice specializing in refugee and immigration law. She holds a Master of Science in Pharmacology and a Juris Doctor degree from the University of Toronto. In September 2024, she will begin a Master of International Human Rights Law at Oxford University. Before establishing her own practice, Asma practiced in all areas of intellectual property law, with particular focus on litigation, copyright law, and patent law.