People who uphold the rule of law should be covered by the government’s Afghan relocation scheme, a legal thinktank has said in a report published on the second anniversary of the fall of Kabul.

Justice said the Afghan Citizens Resettlement Scheme and Afghan Relocations and Assistance Policy are supposed to help citizens whose lives are at risk because of their work supporting the UK during its presence in Afghanistan – however, neither scheme was working as it should.

The group expressed particular concern and frustration about category 4 (‘special cases’) of ARAP. To be eligible under category 4, applicants must have made a ‘substantive and positive contribution’ to the UK’s military or national security objectives. However, Justice said the nature of what constitutes a ‘substantive and positive contribution’ has not been clarified, causing legal uncertainty.

‘A critical observation made by the working group was that whether an Afghan was directly or indirectly employed by a UK government department, the fact that they were assisting the British in their efforts in Afghanistan nevertheless identified them as making a material contribution,’ the report states.

The Ministry of Defence is urged to recognise that people publicly recognised as having performed a role in support of the UK mission are at risk. The government’s evaluation should go beyond anti-corruption, counter-terrorism and counter narcotics to include upholding the rule of law.

The Law Society has been highlighting to government the ‘perilous situation’ faced by legal professionals in the country and as recently as June was concerned for the safety of 270 women judges and 170 women lawyers and prosecutors.

A government spokesperson said: ‘We made one of the largest commitments of any country to support Afghanistan, and so far, we have brought around 24,600 individuals to safety to the UK, including thousands under our Afghan resettlement schemes.

‘We continue to work to deliver on our commitments to the people of Afghanistan. This includes moving people out of Afghanistan where possible and away from the real danger and threat to life posed by the Taliban, as well as working with the UNHCR, likeminded partners and countries neighbouring Afghanistan.’