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Fact Files The Constitution of Afghanistan (2004)
(Unofficial Translation) (Please refer to official Pashtu and Dari texts for accuracy) The Constitution of Afghanistan Year 1382 (2004 AD) In the Name of God. the Merciful, the Compassionate
Contents Preamble Chapter one‑‑‑‑‑‑‑‑‑‑‑‑‑The State (21 Articles)
Chapter two‑‑‑‑‑‑‑‑‑‑‑‑The Fundamental Rights and Duties of Citizens
Chapter five‑‑‑‑‑‑‑‑‑‑The National Assembly (29Articles) Chapter seven‑‑‑‑‑‑‑‑‑ The Judiciary (20 Articles) Chapter eight‑‑‑‑‑‑‑‑‑‑ The Administrative Division (7 Articles) Chapter nine‑‑‑‑‑‑‑‑‑‑‑ The State of Emergency (6 Articles) Chapter ten‑‑‑‑‑‑‑‑‑‑‑‑ Amendments (2 Articles) Chapter eleven ‑‑‑‑‑‑ The Miscellaneous Provisions (5 Articles) Chapter twelve‑‑‑‑‑‑‑‑ The Transitional Provisions (4 Articles)
In the name of God, the Merciful, the Compassionate Preamble
1. While acknowledging the sacrifices and the historic struggles, rightful Jehad and resistance of the Nation, and respecting the high position of the martyrs for the freedom of Afghanistan, 2. Observing the United Nations Charter and respecting the Universal Declaration of Human Rights, 3. Realizing the injustice and shortcoming of the past, and the numerous troubles imposed on our country, 4. While acknowledging the sacrifices and the historic struggles, rightful Jehad and resistance of the Nation, and respecting the high position of the martyrs for the freedom of Afghanistan. 5. Understanding the fact that Afghanistan is a single and united country and belongs to all ethnicity residing in this country, 6. For consolidating, national unity, safeguarding independence, national sovereignty, and territorial integrity of the country, 7. For establishing a government based on people's will and democracy, 8. For creation of a civil society free of oppression, atrocity, discrimination, and violence, based on rule of law, social justice, protection of human rights, and dignity, and ensuring fundamental rights and freedoms of the people, 9. For strengthening of political, social, economic, and defensive institutions of the country, 10. For ensuring a prosperous life, and sound environment for all those residing in this land, 11. And finally for regaining Afghanistan's deserving place in the international community,
Have adopted this constitution in compliance with historical, cultural, and social requirements of the era, through our elected representatives in the Loya Jirga dated / /1382 in the city of Kabul
Chapter One The State
Article One Ch. 1. Art. 1 Afghanistan is an Islamic Republic, independent, unitary and indivisible state. Article Two Ch. 1, Art. 2 The religion of Afghanistan is the sacred religion of Islam. Followers of other religions are free to perform their religious ceremonies within the limits of the provisions of law. Article Three Ch. 1, Art. 3 In Afghanistan, no law can be contrary to the sacred religion of Islam and the values of this Constitution. Article Four Ch. 1, Art. 4 National sovereignty in Afghanistan belongs to the nation that exercises it directly or through its representatives. The nation of Afghanistan consists of all individuals who are the citizen of Afghanistan. The word Afghan applies to every citizen of Afghanistan. None of the citizens of the nation shall be deprived of his Afghan citizenship. Affairs related to the citizenship and asylum are regulated by law. Article Five Ch. 1, Art. 5 Implementation of the provisions of this constitution and other laws, defending independence, national sovereignty, territorial integrity, and ensuring the security and defense capability of the country, are the basic duties of the state. Article Six Ch. 1, Art. 6 The state is obliged to create a prosperous and progressive society based on social justice, protection of human dignity, protection of human rights, realization of democracy, and to ensure national unity and equality among all ethnic groups and tribes and to provide for balanced development in all areas of the country. Article Seven Ch. 1, Art. 7 The state shall abide by the UN charter, international treaties, international conventions that Afghanistan has signed, and the Universal Declaration of Human Rights. The state prevents all types of terrorist activities , production and smuggling of narcotics. Article Eight Ch. 1, Art. 8 The state regulates the foreign policy of the country on the basis of preserving the independence, national interests, territorial integrity, non‑aggression, good neighborliness, mutual respect, and equal rights. Article Nine Ch. 1, Art. 9 Mines, underground resources are properties of the state. Protection, use, management, and mode of utilization of the public properties shall be regulated by law. Article Ten Ch. 1, Art. 10 The State encourages and protects private capital investments and enterprises based on the market economy and guarantee their protection in accordance with the provisions of law. Article Eleven Ch. 1, Art. 11 Affairs related to the domestic and external trade shall be regulated by law in accordance with the needs of the national economy and public interests. Article Twelve Ch. 1, Art 12 De Afghanistan Bank is the central and independent bank of the state. Issuance of currency, and formulation and implementation of monetary policy of the country are the mandates of the central bank in accordance with law. Structure and operation of this bank shall be regulated by law. Article Thirteen Ch. 1, Art. 13 The state shall formulate and implement effective programs for development of industries, growth of production, increasing of public living standards, and support to craftsmanship. Article Fourteen Ch. 1, Art. 14 The state shall design and implement within its financial resources effective programs for development of agriculture and animal husbandry, improving the economic, social and living conditions of farmers, herders, settlement and living conditions of nomads. The state adopts necessary measures for housing and distribution of public estates to deserving citizens in accordance with its financial resources and the law. Article Fifteen Ch. 1. Art. 15 The archeological artifacts are the state property. The state is obliged to adopt necessary measures for safeguarding archeological artifacts, proper exploitation of natural resources, and improvement of ecological conditions. Article Sixteen Ch. 1, Art. 16 From among the languages of Pashto, Dari, Uzbeki, Turkmani, Baluchi, Pashaei, Nuristani, and other languages spoken in the country, Pashto and Dari are the official languages of the state. The state adopts and implements effective plans for strengthening, and developing all languages of Afghanistan. Publications and radio and television broadcasting are free in all other languages spoken in the country. Article Seventeen Ch. 1, Art. 17 The state shall adopt necessary measures for promotion of education in all levels, development of religious education, organizing and improving the conditions of mosques, madrasas and religious centers. Article Eighteen Ch. 1, Art. 18 The calendar of the country shall be based on the pilgrimage of the Prophet (PBUH). The basis of work for state offices is the solar calendar. Friday is a public holiday. Other holidays shall be regulated by law. Article Nineteen Ch. 1, Art. 19 The Afghan flag is made up of three equal parts, with black, red and green colors juxtaposed from left to right perpendicularly. The width of every colored piece is equal to half of its length. The national insignia is located in the center of the flag. The national insignia of the state of Afghanistan is composed of Mehrab and pulpit in white color. Two flags are located on its two sides. In the upper‑middle part of the insignia the sacred phrase of "There is no God but Allah and Mohammad is his prophet, and Allah is Great" is placed, along with a rising sun. The word "Afghanistan" and year 1298 (solar calendar) is located in the lower part of the insignia. The insignia is encircled with two branches of wheat. The law shall regulate the use of national flag and emblem. Article Twenty Ch. 1, Art. 20 The National Anthem of Afghanistan shall be in Pashtu. Article Twenty‑One Ch. 1, Art. 21 The capital of Afghanistan is the city of Kabul.
Chapter Two Fundamental Rights And Duties Of Citizens
Article Twenty‑two Ch. 2, Art. 1 Any kind of discrimination and privilege between the citizens of Afghanistan are prohibited. The citizens of Afghanistan have equal rights and duties before the law Article Twenty‑Three Ch. 2, Art. 2 Life is a gift of God and a natural right of human beings. No one shall be deprived of this right except by the provision of law. Article Twenty‑Four Ch. 2, Art. 3 Liberty is the natural right of human beings. This right has no limits unless affecting the rights of others or public interests, which are regulated by law. Liberty and dignity of human beings are inviolable. The state has the duty to respect and protect the liberty and dignity of human beings. Article Twenty‑Five Ch. 2, Art. 4 Innocence is the original state. An accused is considered innocent until convicted by a final decision of an authorized court. Article Twenty‑Six Ch. 2, Art. 5 Crime is a personal action. The prosecution, arrest, and detention of an accused and the execution of penalty can not affect another person. Article Twenty‑Seven Ch. 2, Art. 6 No act is considered a crime, unless determined by a law adopted prior to the date the offense is committed. No person can be pursued, arrested or detained but in accordance with provisions of law. No person can be punished but in accordance with the decision of an authorized court and in conformity with the law adopted before the date of offense. Article Twenty‑Eight Ch. 2, Art. 7 No citizen of Afghanistan accused of a crime can be extradited to a foreign state unless according mutual agreement and international conventions that Afghanistan has joined. No Afghan would be sentenced to deprivation of citizenship or to exile inside the country or abroad. Article Twenty‑Nine Ch. 2, Art. 8 Torture of human beings is prohibited. No person, even with the intention of discovering the truth, can resort to torture or order the torture of another person who may be under prosecution, arrest, or imprisoned, or convicted to punishment. Punishment contrary to human integrity is prohibited. Article Thirty Ch. 2, Art. 9 Any statement, testimony, or confession obtained from an accused or of another person by means of compulsion, are invalid. Confession to a crime is: a voluntary confession before an authorized court by an accused in a sound state of mind. Article Thirty‑One Ch. 2, Art. 10 Every person upon arrest can seek an advocate to defend his rights or to defend his case for which he is accused under the law. The accused upon arrest has the right to be informed of the attributed accusation and to be summoned to the court within the limits determined by law. In criminal cases, the state shall appoint an advocate for a destitute. The duties and authorities of advocates shall be regulated by law. Article Thirty‑ Two Ch. 2, Art. 11 Being in debt does not limit a person's freedom or deprive him of his liberties. The mode and means of recovering a debt shall be regulated by law. Article Thirty‑Three Ch. 2, Art. 12 The citizens of Afghanistan have the right to elect and be elected. Law regulates the conditions and means to exercise this right. Article Thirty-Four Ch. 2, Art. 13 Freedom of expression is inviolable. Every Afghan has the right to express his thought through speech, writing, or illustration or other means, by observing the provisions stated in this Constitution Every Afghan has the right to print or publish topics without prior submission to the state authorities in accordance with the law. Directives related to printing house, radio, television, press, and other mass media, will be regulated by the law. Article Thirty‑Five Ch. 2, Art. 14 The citizens of Afghanistan have the right to form social organizations for the purpose of securing material or spiritual aims in accordance with the provisions of the law. The citizens of Afghanistan have the right to form political parties in accordance with the provisions of the law, provided that: 1. The program and charter of the party are not contrary to the principles of sacred religion of Islam, and the provisions and values of this Constitution. 2. The organizational structure, and financial sources of the party are made public. 3. The party does not have military or paramilitary aims and structures. 4. Should have no affiliation to a foreign political party or sources. Formation and functioning of a party based on ethnicity, language, religion and region is not permissible. A party set up in accordance with provisions of the law shall not be dissolved without lawful reasons and the decision of an authorized court. Article Thirty‑Six Ch. 2, Art. 15 The citizens of Afghanistan have the right to un‑armed demonstrations, for legitimate peaceful purposes. Article Thirty‑Seven Ch. 2, Art. 16 Confidentiality and freedom of correspondence and communication whether in the form of letters or through telephone, telegraph and other means, are immune from invasion. The state does not have the right to inspect personal correspondence and communication unless authorized by the provisions of law. Article Thirty‑Eight Ch. 2, Art. 17 A person's residence is immune from invasion. Other than the situations and methods indicated in the law, no one, including the state, are allowed to enter or inspect a private residence without prior permission of the resident or holding a court order. In case of an evident crime, an official in‑charge of the situation can enter or conduct a house search prior to the permission of the court. The official involved in the situation is required to obtain a subsequent court order for the house search within the period indicated by law. Article Thirty‑Nine Ch. 2, Article 18 Every Afghan has the right to travel or settle in any part of the country except in the regions forbidden by law. Every Afghan has the right to travel abroad and return home in accordance with the provisions of law. The state shall protect the rights of the citizens of Afghanistan abroad. Article Forty Ch. 2, Art. 19 Property is immune from invasion. No person shall be forbidden from acquiring and making use of a property except within the limits of law. No body's property shall be confiscated without the provisions of law and the order of an authorized court. Acquisition of a person's property, in return for a prior and just compensation within the bounds of law, is permitted only for securing public interests in accordance with the provisions of law. Inspection and disclosure of a private property are carried out only in accordance with the provisions of law. Article Forty‑one Ch. 2, Art. 20 Foreign individuals do not have the right to own immovable property in Afghanistan. Lease of immovable property for the purpose of investment is permissible in accord with law. The sale of estates to diplomatic missions of foreign countries and to those international agencies, of which Afghanistan is a member, is permissible in accordance with the provisions of law. Article Forty‑Two Ch. 2, Art. 21 Every Afghan is obligated to pay taxes and duties to the government in accordance with the provisions of law. No taxes and duties are enforced without provisions of law. The rate of taxes and duties and the method of payment are determined by law on the basis of observing social justice. This provision is also applied to foreign individuals and agencies. Every kind of tax, duties, and incomes collected, shall be delivered to the State account. Article Forty‑Three Ch. 2, Art. 22 Education is the right of all citizens of Afghanistan, which shall be provided up to secondary level, free of charge by the state. The state is obliged to devise and implement effective programs for a balanced expansion of education all over Afghanistan, and to provide compulsory intermediate level education. The state is also required to provide the opportunity to teach native languages in the areas where they are spoken. Article Forty‑Four Ch. 2, Art. 23 The state shall devise and implement effective programs for balancing and promoting of education for women, improving of education of nomads and elimination of illiteracy in the country. Article Forty‑Five Ch 2, Art. 24 The state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, and in accordance with academic principles, and develops the curriculum of religious subjects on the basis of the Islamic sects existing in Afghanistan. Article Forty‑Six Ch. 2, Art. 25 Establishing and operating of higher, general and vocational education are the duties of the state. The citizens of Afghanistan also can establish higher, general, and vocational private educational institutions and literacy courses with the permission of the state. The state can also permit foreign persons to set up higher, general and vocational educational private institutes in accordance with the law. The conditions for admission to state higher education institutions and other related natters to be regulated by the law. Article Forty‑Seven Ch. 2, Art. 26 The state shall devise effective programs for the promotion of science, culture, literature and the arts. The state guarantees the rights of authors, inventors, and discoverers, and encourages and supports scientific researches in all areas, and publicizes the effective use of their results in accordance with the law. Article Forty‑Eight Ch 2, Art. 27 Work is the right of every Afghan. Working hours, paid holidays, right of employment and employee, and other related affairs are regulated by law. Choice of occupation and craft is free within the limits of law. Article Forty –Nine Ch. 2, Art. 28 Forced labor is forbidden. Forced labor, in times of war, calamity, and other situations threatening lives and public welfare are exceptions to this rule. Children shall not be subjected to the forced labor. Article fifty Ch. 2, Art. 29 The state is obliged to adopt necessary measures for creation of a strong and sound administration and realization of reforms in the administration system of the country. Government offices are bound to carry their work with full neutrality and in compliance with the provisions of law. The citizens of Afghanistan have the right of access to the information from the government offices in accordance with the provisions of law. This rights has no limits, unless violation of the others. The citizens of Afghanistan are employed for state services on the basis of qualification without any kind of discrimination and in accordance with law. Article Fifty‑one Ch. 2, Art. 30 Any person suffering undue harm by government action is entitled to compensation, which he can claim by appealing to court. With the exception of situation stated in the law, the state cannot claim its right without the order of an authorized court. Article Fifty‑two Ch. 2, Art. 31 The state is obliged to provide the means of preventive health care and medical treatment, and proper health facilities to all citizens of Afghanistan in accordance with law. The state encourages and protects the establishment and expansion of private medical services and health centers in accordance with law. The state in order to promote physical education and improve national and local sports adopts necessary measures. Article Fifty‑ Three Ch. 2. Art. 32 The state takes necessary measures for regulating medical services and financial support to descendants of martyred, lost or disabled and handicapped individuals in accordance with law. The state guarantees the rights of pensioners and renders necessary assistance to needy elders, women without caretakers, and needy orphans in accordance with the law. Article Fifty‑ Four Ch. 2, Art. 33 Family is a fundamental unit of society and is supported by the state. The state adopts necessary measures to ensure physical and psychological well being of family, especially of child and mother, upbringing of children and the elimination of traditions contrary to the principles of sacred religion of Islam. Article Fifty‑Five Ch. 2, Art. 34 The defense of the country is the responsibility of all citizens of Afghanistan. The conditions for military services are regulated by law. Article Fifty‑Six Ch. 2, Art. 35 Observing the provisions of the Constitution, obeying the laws, adhering to public law and order are the duties of all people of Afghanistan. Ignorance about the provisions of law is not considered an excuse. Article Fifty‑Seven Ch. 2. Art. 36 The state guarantees the rights and liberties of the foreign citizens residing in Afghanistan in accordance with the law. Theses people are obliged to observe the laws of the state of Afghanistan in accordance with the International Law. Article Fifty‑Eight. Ch. 2. Art. 37 The State, for the purpose of monitoring, observation of human rights in Afghanistan, their protection, shall establish the Independent Human Rights Commission of Afghanistan. Everyone in case of violation of his fundamental rights can launch complaint to this Commission. The commission can refer the cases of violation of the fundamental rights of the persons to the legal authorities, and assist them defending their rights. Structure, and mode of function of this Commission will be regulated by law. Article Fifty‑Nine Ch. 2. Art. 38 No one can misuse the rights and freedoms under this Constitution against independence, territorial integrity, national unity, sovereignty and national unity.
Chapter Three The President
Article Sixty Ch. 3, Art. 1 The President is the head of the state of the Islamic Republic of Afghanistan, and conducts his authorities in executive, legislative, and judiciary branches in accordance with the provisions of this Constitution. The President is responsible to the nation. The President shall have one Vice President. The President on his candidacy shall declare the name of the Vice President to the nation. The Vice President in the absence, resignation, and or death of the President, acts in accordance with the provisions of this constitution. Article Sixty‑One Ch. 3, Art. 2 The President is elected by receiving more than 50% of the votes cast through free, general, secret, and direct voting. The presidential term is expired at the first of (Jawza) of the fifth year after the elections. Elections for the new president are held within thirty to sixty days before the end of the presidential term. If none of the candidates succeeds to receive more than 50% of the votes in the first round, a run‑off election shall be held within two weeks. In this round, only two candidates with the highest number of votes will participate. In the run‑off, the candidate who gets the majority of the votes shall be elected as the President. In case of death of one of the candidates before the first or second round, or prior to the announcement of the results of elections, new elections shall be held in accordance with the provisions of law. The elections for the post of president shall be held under the supervision of the Independent Commission supervising of the Elections. This commission shall be established to supervise all kinds of elections and referendums in the country, in accordance with the provisions of law. Article Sixty‑Two Ch. 3, Art. 3 Presidential candidates should posses the following qualifications: 1. Should be citizen of Afghanistan, Muslim and born of Afghan parents, and should not have citizenship of another country. 2. On the day of becoming a candidate, his age should not be less than forty years. 3. Should not have been convicted of crimes against humanity, criminal act, or deprivation of the civil rights by a court. No one can be elected as president for more than two terms. The provision of this article is applied to the Vice President as well. Article Sixty‑three Ch. 3, Art. 4 The President‑elect, prior to resumption of his/her duties, performs the following oath of allegiance in the presence of members of the National Assembly and the chief justice: "In the name Allah, the Merciful, the Compassionate In the name Allah Almighty, in the presence of you representatives of the nation of Afghanistan, I swear to obey and safeguard the provisions of the sacred religion of Islam, to observe the Constitution and other laws of Afghanistan and supervise their implementation; to safeguard the independence, national sovereignty, and the territorial integrity of Afghanistan and the fundamental rights and interests of the people of Afghanistan, and with the assistance of God and the support of the nation, to make great and sincere efforts for the happiness and progress of the people of Afghanistan." Article Sixty‑Four Ch. 3, Art. 5 The power and duties of the President are as follows: 1- Supervising the implementation of the Constitution. 2- Determining the fundamental policies of the state. 3- Being the Command‑in‑Chief of the armed forces of Afghanistan. 4- Declaration of war and ceasefire with the approval of the National Assembly. 5- Taking the required decision during defending of territorial integrity and protecting of the independence. 6- Sending contingents of the armed forces to foreign countries with the approval of the National Assembly. 7- Convening Loya Jirga except in a situation stated in Article Sixty‑eight this Constitution. 8- Declaring the state of emergency and ending it with the approval of the National Assembly. 9- Inaugurating the National Assembly and the Loya Jirga. 10- Accepting resignation of the Vice President. 11- Appointing of Ministers and the Attorney General with the approval of the Wolesi Jirga, and acceptance of their dismissal and resignation. 12- Appointing the head and members of the Supreme Court with the approval of the Wolesi Jirga. 13- Appointment, retirement and acceptance of resignation and dismissal of judges, officers of the armed forces, police, national security, and high‑ranking officials in accordance with the law. 14- Appointment of heads of diplomatic missions of Afghanistan in foreign countries and international organizations. 15- Accepting the credentials of diplomatic missions in Afghanistan. 16- Signing of laws and legislative decrees. 17- Issuing credential letter for the conclusion of bi‑lateral and international treaties in accordance with the provisions of law. 18- Reducing and pardoning penalties in accordance with law. 19- Issuing medals, and honorary titles in accordance with the provision of law. 20- Appointment of the Governor of De Afghanistan Central Bank with the approval of the Wolesi Jirga. 21‑ The establishment of commissions for the improvement of the administrative condition of the country, in accordance with law. 22‑ Exercising other authorities in accordance with the provisions of this Constitution. Article Sixty‑Five Ch. 3, Art. 6 The President can call for a referendum on important national, political, social or economic issues. Call for referendum shall not be contrary to the provisions of this constitution or for the amendment of it. Article Sixty‑Six Ch. 3, Art. 7 The President takes into consideration the supreme interests of the people of Afghanistan while enforcing the powers stated in this Constitution. The President cannot sell or bestow state properties without the provisions of the law. The President cannot act based on linguistic, ethnic, religious, political, and regional considerations during his term in office. Article Sixty‑Seven Ch. 3, Art. 8 In case of resignation, impeachment ,or death of the President, or of a serious illness that could hinder the performance of duties, the Vice President undertakes his duties and authorities. The President declares his resignation personally to the National Assembly. The serious illness shall be proved by an authorized medical committee appointed by the Supreme Court. In this case, election for the new President shall be held within the period of three months in accordance with the article 61 of this constitution. During the time when the Vice President fills in as the interim President, he cannot perform the following: 1. Amendment of the constitution 2. Dismissal of ministers. 3. Call for a referendum. During this period the Vice President can nominate himself as a candidate for the post of President in accordance with the provisions of this constitution. In the absence of the President, the duties of the Vice President shall be determined by the President. Article Sixty‑Eight Ch. 3, Art. 9 In case of resignation and or death of the Vice President, another person shall replace him by the proposal of the President and approval of the Wolesi Jirga. In case of simultaneously death of the President and Vice President, his duties shall be implemented by the Chair of the Meshrano Jirga and in the absence of the chair of the Meshrano Jirga, Chair of the Wolesi Jirga, and in the absence of the Chair of the Wolesi Jirga, the Foreign Minister shall take the duties of the President in accordance with the article 67 of this constitution. Article Sixty‑Nine Ch. 3, Art 10 Accusations of crime against humanity, national treason or crime can be leveled against the President by one third of the members of the Wolesi Jirga. If two third of the Wolesi Jirga votes for charges to be brought forth, the Wolesi jirga shall convene a Loya Jirga within one month. If the Loya Jirga approve the accusation by a two‑thirds majority of votes the President is then dismissed, and the case is referred to a special court. The special court is composed of three members of the Wolesi Jirga, and three members of the Supreme Court appointed by the Loya Jirga and the Chair of the Meshrano Jirga. The lawsuit is conducted by a person appointed by the Loya Jirga. In this situation, the provisions of Article 67 of this Constitution are applied. Article Seventy Ch. 3, Art. 11 The salary and expenditures of the President are regulated by law. After expiration of his term, the President is entitled to financial benefits of the presidency for the rest of his life in accordance with the law except in the case of dismissal.
Chapter Four The Government
Article Seventy one Ch. 4, Art. 1 The government consists of the ministers who work under the Chairmanship of the President. Ministers are appointed by the President and shall be introduced for approval to the National Assembly. Article Seventy‑two Ch. 4, Art. 2 The person who is appointed as the Minister, should have the following qualifications: 1‑ Should be the citizen of Afghanistan. 2‑ Should have higher education, work experience and, good reputation. 3- His age should not be less than thirty‑five. 4- Should not have been convicted of crimes against humanity, criminal act, or deprivation of the civil rights by a court. Article Seventy‑three Ch. 4. Art. 3 The Ministers can be appointed from within and without the National Assembly. If a member of the National Assembly is appointed as a minister, he loses his membership in the National Assembly, and is replaced by another person in accordance with the provisions of law. Article Seventy‑four Ch. 4. Art. 4 Prior to taking office, the minister perform the following oath in the presence of the President: “In the name of Allah, the merciful and compassionate: I swear in the name of God Almighty to support the provisions of the sacred religion of Islam, follow the Constitution and other laws of Afghanistan, protect the rights of citizens, and safeguard the independence, territorial integrity and national unity of Afghanistan, and consider God Almighty present in performing all my responsibilities, and honestly perform the duties assigned to me." Article Seventy‑five Ch. 4. Art. 5 The government has the following duties. 1. Execute the provision of this Constitution, other laws, and final orders of the courts. 2. Protect the independence, defend the territorial integrity, and safeguard the interests and dignity of Afghanistan in the international community. 3. Maintenance of public law and order and elimination of administrative corruption. 4. Prepare the budget, regulate financial affairs, and protect public wealth. 5. Devise and implement programs for social, cultural, economic, and technological progress. 6. Report to the National Assembly at the end of the fiscal year about the tasks accomplished and about the main plans for the new fiscal year. 7. Perform other duties as recognized by this Constitution and other laws to be duties of the government Article Seventy‑six Ch. 4, Art. 6 In order to implement the main policies of the country, and regulation of its duties, the government shall devise and approve regulations. These regulations should not be contradictory to the text and spirit of any law. Article Seventy‑ seven Ch. 4, Art. 7 As heads of administrative units and members of the government, the ministers perform their duties within the limits determined by this Constitution and other laws. The Ministers are responsible to the President and the Wolesi Jirga for their particular duties. Article Seventy‑eight Ch. 4. Art. 8 If a Minister is accused of crime against humanity, national treason or criminal act of a crime, the case shall be referred to a special court in accordance with the article 134 of this constitution. Article Seventy‑nine Ch. 4, Art. 9 In cases of recess of the Wolesi Jirga, the government can adopt legislation in an emergency situation on matters other than those related to budget and financial affairs. The legislative decrees become laws after they are signed by the President. The legislative decrees should be submitted to the National Assembly in the course of thirty days beginning from the first session of the National Assembly. In case of rejection by the National Assembly, the legislations become void.
Article Eighty Ch. 4, Art. 10 The Minister during the course of their work cannot use their posts for linguistic, regional, ethnic, religious and partisan purposes.
Chapter Five The National Assembly
Article Eighty one Ch. 5. Art. 1 The National Assembly of the Islamic Republic of Afghanistan as the highest legislative organ is the manifestation of the will of its people and represents the whole nation. Every member of the National Assembly takes into judgment the general welfare and supreme interests of all people of Afghanistan at the time of casting their vote. Article Eighty‑two Ch. 5, Art. 2 The National Assembly consists of two houses: Wolesi Jirga (the House of People) and Meshrano Jirga. (House of Elders). No one can become member of both houses simultaneously. Article Eighty‑three Ch. 5, Art. 3 Members of the Wolesi Jirga are elected by the people through free. general, secret, and direct elections. Their mandate ends on the 1st of Saratan of the fifth year after the elections, and the new assembly starts its work. The election of the members of the Wolesi Jirga shall be held within 30 to 60 days before the expiry of the term of the Wolesi Jirga. The number of members of the Wolesi Jirga, proportionate to the population of each region, shall be between two hundred and twenty, and two hundred and fifty. Electoral constituency and other related issues shall be determined by election laws. In the election law measures should be adopted so the election system shall provide general and just representation for all the people of the country, and at least one female delegate should be elected from each province. Article Eighty‑four Ch. 5, Art. 4 Members of the Meshrano Jirga are elected and appointed as follows: 1- From among the members of each provincial council, the respective council elects one person for a period of four years. 2- From among the district councils of each province, the respective councils elect one person for a period of three years. 3- The President from among experts and experienced personalities appoints the remaining one‑third of the members for a period of five years. The president appoints 50% of these people from among women. A person, who is appointed as a member of the Meshrano Jirga, shall relinquish his membership in the respective council, and another person replaces him in accordance with the law. Article Eighty‑five Ch. 5, Art. 5 A person who is nominated or appointed as a member of the National Assembly should have the following qualifications in addition to those considered by voters. 1. Should be the citizen of Afghanistan, or has obtained the citizenship of the state of Afghanistan at least ten years before becoming a candidate. 2. Should not have been convicted by a court for committing a crime against humanity, a crime, or sentenced of deprivation of his civil rights. 3. Members of Wolesi Jirga should be Twenty Five years old on the date of candidacy, and members of the Meshrano Jirga should be Thirty Five years old on the date of candidacy or appointment. Article Eighty‑six Ch. 5, Art. 6 Credentials of members of the National Assembly are reviewed by independent commission for supervision of the elections in accordance with law. Article Eighty‑seven Ch. 5. Art. 7 In the beginning of the legislative period, each one of the two houses elects one of its members as the Chairperson, and two people as the first and second Vice Chairperson, and two people as the secretary and assistant secretary for a period of one year. These individuals constitute the administrative board in their respective houses. The duties of the administrative boards are determined in the regulations pertaining to the internal duties of each house. Article Eighty‑eight Ch. 5. Art. 8 Each house of the National Assembly sets up commissions to study the topics under discussion in accordance with its internal regulations. Article Eighty‑nine Ch. 5, Art. 9 The Wolesi Jirga has the authority to set up a special commission if one‑third of its members put forward a proposal to inquire about and study government actions. The composition and procedure of this commission is specified in the internal regulations of Wolesi Jirga. Article Ninety Ch. 5. Art. 10 The National Assembly has the following authorities: 1- Ratification, modification, or abrogation of laws and or legislative decrees. 2- Approval of plans for economic, social, cultural, and technological development. 3- Approval of state budget, permission for obtaining, and granting loans. 4- Creation, modification of administrative units. 5- Ratification of international treaties and agreements, or abrogation of the membership of Afghanistan to them. 6- Other authorities specified in this Constitution. Article Ninety‑one Ch. 5, Art. 11 Wolesi Jirga has the following special authorities: 1. Deciding on interpellation of each of the ministers in accordance with the provisions of article 92 of this constitution. 2. Taking the final decision about the state's development programs and state budget, in case of a disagreement between the Wolesi Jirga and the Meshrano Jirga. 3. Approval of the appointments according to the provisions of this constitution. Article Ninety‑ two Ch. 5, Art. 12 Wolesi Jirga, based on a proposal by one‑tenth of all members, can interpellate each of the Ministers. If the responses given are not satisfactory, Wolesi Jirga shall consider the issue of vote of no confidence. Vote of no confidence on a Minister should be explicit, direct, and on the basis of well founded reasons. This vote should be approved by a majority of all members of the Wolesi Jirga. Article Ninety‑three Ch. 5. Art. 13 Any commission of both Houses of the National Assembly can question each of the Ministers about specific topics. Questioned [minister] can provide verbal or written response. Article Ninety‑four Ch. 5. Art. 14 Law is what both Houses of the National Assembly approve and the President endorses unless this Constitution states otherwise. In case the President does not agree to what the National Assembly approves, he can send the document back with justifiable reasons to the Wolesi Jirga within fifteen days of its submission. With the passage of this period or in case the Wolesi Jirga approves a particular case again with a majority of two‑thirds votes, the bill is considered endorsed and enforced. Article Ninety‑five Ch. 5. Art. 15 Proposal for the promulgation of a law can be initiated by the government, or members of the National Assembly, and in the domain of regulating the judicial affairs through the Supreme Court by the government. Article Ninety‑six Ch. 5 Art. 16 Proposal for budget and financial affairs are initiated only by the government. Article Ninety‑seven Ch. 5, Art. 17 Proposals for promulgation of law initiated by the government are submitted first to the Wolesi Jirga. If a proposal for the promulgation of law includes imposition of new taxes or reduction in state incomes, it is included in the working agenda on condition that an alternative source is also envisioned. The Wolesi Jirga approves or rejects the proposal of the promulgation of law including budget and financial affairs and the proposal of taking or giving loan after discussion as a whole. The Wolesi Jirga cannot delay the proposal more than one month. The proposed draft of law is submitted to the Meshrano Jirga, after its approval by the Wolesi Jirga. The Meshrano Jirga decides on the draft within a period of fifteen days The National Assembly shall give priority to the promulgation of laws, treaties, and development plans of the government that require urgent consideration and decision as per the request of the government. If a proposal for promulgation of law is initiated by ten members of one of the two Houses and then approved by one fifth members of the respective houses, it can be admitted to the agenda of the respective houses. Article Ninety‑eight Ch. 5, Art. 18 The state budget and development plan of the government is submitted through the Meshrano Jirga along with an advisory comments to the Wolesi Jirga. The decision of the Wolesi Jirga, irrespective of the consent of the Meshrano Jirga, is enforceable after it is signed by the President. If for some reasons the budget is not approved before the beginning of the new fiscal year, the budget of the year before is applied until the approval of the new budget. The government is obligated to give to the Wolesi Jirga the budget of the new fiscal year and a brief account of the current year's budget within the fourth quarter of the fiscal year. The definite account of the previous fiscal year shall be submitted by the government to the Wolesi Jirga within six months of the new year, in accordance with the provisions of law. Wolesi Jirga cannot delay the approval of the budget for more than one month or permission to give or take loan for more than 15 days. If during this period Wolesi Jirga does not take any decision with regards to taking or giving loan, the proposal will be considered as approved. Article Ninety‑nine Ch. 5, Art. 19 If, during a session of the National Assembly, the annual budget or a developmental plan or an issue related to public security, territorial integrity, and the country's independence is under discussion, the session of the assembly cannot end before the approval of the matter.
Article One hundred Ch. 5, Art. 20 In case the decision of one house is rejected by another house, a combined committee composed of equal members of each house is formed to resolve the disagreement. The decision of the committee is enforced after its approval by the President. In case the combined committee cannot solve the disagreement, the defeated resolution is considered void. And, if the resolution is approved by the Wolesi Jirga, it can be approved in the next session of the Wolesi Jirga by the majority of its members. This approval is assumed as enforceable, after it is signed by the President, without submission to the Meshrano Jirga. In case the disagreement between the two houses is over legislations involving financial affairs, and the combined committee is not able to resolve it, the Wolesi Jirga can approve the draft by the majority vote of its members. This draft is assumed as enforceable without submission to the Meshrano Jirga after it is signed by the President. Article One hundred‑one Ch. 5, Art. 21 No member of the National Assembly is legally prosecuted due to expressing his views while performing his duty. Article One hundred‑two Ch. 5, Art. 22 When a member of the National Assembly is accused of a crime, the law enforcement authority informs the. house, of which the accused is member, about the case, and the accused member can be prosecuted. In case of an evident crime, the law enforcement authority can legally pursue and arrest the accused without the permission of the house, which the accused is a member of. In both cases, when legal prosecution requires detention of the accused, law enforcement authorities are obligated to inform the respective house, about the case immediately. If the accusation takes place when the assembly is in recess, the permission of arrest is obtained from the administrative board of the respective house and the decision of this board is presented to the first session of the aforementioned house for a decision. Article One Hundred three Ch. 5, Art. 23 The ministers can participate in the sessions of each one of the two houses of the National Assembly. Each house of the National Assembly can demand the participation of Ministers to take part in its session. Article One Hundred and four Ch. 5, Art. 24 Both houses of the National Assembly hold their sessions separately at the same time. Under the following circumstances, both houses can hold joint sessions: 1. When the legislative session, or the annual session is inaugurated by the President. 2. When it is deemed necessary by the President. In this case the head of the Wolesi Jirga, chairs the joint session of the National Assembly. Article One Hundred and five Ch. 5, Art. 25 The sessions of the National Assembly are open unless the Chairman of the assembly, or at least ten members of the National Assembly request their secrecy and the assembly accepts this request. No one shall enter the building of the National Assembly by force. Article One Hundred and six Ch. 5, Art. 26 The quorum of the sessions of each house of the National Assembly for voting is complete with the presence of the majority of the members, and its decisions are taken with the majority of the members present, unless this Constitution states otherwise. Article One Hundred and seven Ch. 5, Art. 27 The National Assembly convenes two ordinary sessions each year. The term of the National Assembly in each year is nine months. When necessary, the assembly can extend this period. Extraordinary sessions of the assembly during recess can take place by the order of the President. Article One Hundred and eight Ch. 5, Art. 28 In cases of death, resignation and dismissal of a member of the Wolesi Jirga, and/or disability or handicap, which prevents performance of duties permanently, election in the related constituency is held for a new representative for the rest of the legislative period, in accordance with the law. In the above‑mentioned situations, a new member of the Meshrano Jirga shall be appointed in accordance with Article 87 of this Constitution. Matters involving the presence or absence of members of the National Assembly are regulated according to internal rules. Article One Hundred and nine Ch. 5, Art. 29 Proposals for amendments of the electoral law cannot be included in the working agenda of the assembly during the last year of the legislative period. Chapter SixLoya Jirga
Article One Hundred and ten Ch. 6. Art. 1 Loya Jirga is the highest manifestation of the people of Afghanistan. Loya Jirga consists of the following: 1- Members of the National Assembly. 2- Chairpersons of the provincial, and district councils. The ministers, Chief Justice and members of the Supreme Court, can participate in the sessions of the Loya Jirga without the right to vote. Article One Hundred and eleven Ch. 6. Art. 2 Loya Jirga is convened in the following situations: 1‑ To take decision on the issues related to independence, national sovereignty, territorial integrity, and supreme interests of the country. 2‑ To amend the provisions of this Constitution. 3‑ To prosecute the President in accordance with the provisions of Article 69 of this Constitution. Article One Hundred and twelve Ch. 6. Art. 3 The Loya Jirga in its first session elects from among its members a chairperson, a deputychair, and a secretary and an assistant secretary. Article One Hundred and thirteen Ch. 6. Art. 4 The quorum of the Loya Jirga for voting is completed by the majority of members. The decisions of the Loya Jirga are taken by a majority of the present members except in cases as explicitly stated in this Constitution. Article One Hundred and fourteen Ch. 6. Art.5 Discussions of the Loya Jirga are open except when one‑fourth of its members demand their secrecy, and the Lova Jirga accepts this demand. Article One Hundred and fifteen Ch. 6. Art. 6 During the session of a Loya Jirga, the provision of Articles 101 and 102 of this Constitution are applied on its members.
Chapter SevenThe Judiciary
Article One Hundred and sixteen Ch. 7. Art. 1 The judicial branch is an independent organ of the state of the Islamic Republic of Afghanistan. The judicial branch consists of the Supreme Court (Stera Mahkama), High Courts, Appeal Courts. Structure of authorities are determined by law. The Supreme Court as the highest judicial organ, heads the judiciary organ of the Islamic Republic of Afghanistan. Article One Hundred and seventeen Ch. 7. Art. 2 The Supreme Court is composed of nine members who are appointed by the President for a period of ten years with the approval of the Wolesi Jirga with observance of the provisions of last paragraph of the Article 50 and article 118 of this Constitution. The appointment of the members for the second term is not permissible. The President appoints one of its members as the Head of the Supreme Court. Members in no way can be dismissed from their service until the end of their term, except circumstances stated in Article 127 of this Constitution. Article One Hundred and eighteen Ch. 7. Art. 3 A member of the Supreme Court should have the following qualifications: 1‑ The age of the Head of the Supreme Court and its members should not be lower than forty at the time of appointment. 2‑ Should be citizen of Afghanistan. 3‑ Should have higher education in law or in Islamic jurisprudence, and should have enough expertise and experience in the judicial system of Afghanistan. 4‑ Should enjoy high ethics and reputation of good deeds. 5‑ Should not have been convicted of crimes against humanity, crimes, and sentenced of deprivation of his civil rights by a court. 6‑ Should not be a member of any political party during the term of official duty. Article One Hundred and nineteen Ch. 7. Art. 4 Members of the Supreme Court take the following oath in the presence of the President before occupying the post: "In the name Allah, the Merciful and the Compassionate. I swear in the name of God Almighty to support justice and righteousness in accord with the provisions of the sacred religion of Islam and the provisions of this Constitution and other laws of Afghanistan, and to execute the duty of being a judge with utmost honesty, righteousness and nonpartisanship." Article One Hundred and twenty Ch. 7. Art. 5 The authority of the judicial organ is to attend to all lawsuits in which real individuals or incorporeal including the state stand before it as plaintiff or defendant and in its presence is expressed in accord with provisions of the law. Article One Hundred and twenty one Ch. 7. Art. 6 The Supreme Court on only by request of the Government and or the Courts can review the laws, legislative decrees, international treaties, and international conventions, for their compliance with the Constitution. The Supreme Court shall have the authority of the interpretation of the Constitution, laws, and legislative decrees. Article One Hundred and twenty two Ch. 7. Art. 7 No law, under any circumstance, can transfer a case from the jurisdiction of the judicial branch to another organ as has been determined in this Constitution. This provision does not apply to establishing special Courts stated in Articles 69 and 78 and 127 of this Constitution and military courts. The structure and authority of these courts are regulated by law. Article One Hundred twenty three Ch. 7. Art. 8 With observance of the provisions of this Constitution, the rules related to the structure, authority, and performances of the courts, and the duties of judges are regulated by law.
Article One Hundred and twenty four Ch. 7. Art. 9 Other officials and administrative personnel of the judicial branch are subject to the provisions of the laws related to the officials and other administrative personnel of the state, but their appointment, dismissal, promotion, pension, rewards and punishments are regulated by the Supreme Court in accordance with the law. Article One Hundred and twenty five Ch. 7, Art. 10 The budget of the judicial branch is arranged in consultation with the government by the Supreme Court and presented to the National Assembly by the government as part of the state budget. Implementation of the budget of the judicial branch is the authority of the Supreme Court. Article One Hundred and twenty six Ch. 7. Art. 11 Members of the Supreme Court enjoy official financial benefits for the rest of their lives provided they do not occupy state and political positions. Article One Hundred and twenty seven Ch. 7. Art. 12 When more than one ‑ third of the members of the Wolesi Jirga demand the trial of the Chief Justice, or a member of the Supreme Court due to a crime committed during the performance of duty, and the Wolesi Jirga approves of this demand by a majority of twothirds votes, the accused is dismissed from his post and the case is referred to a special court. The setting up of the court and the procedures of trial are regulated by law. Article One Hundred and twenty eight Ch. 7. Art. 13 In the courts of Afghanistan, trials are open and everyone is entitled to attend trials within the bounds of law. The court, in situations which are stated in the law or in situations in which the secrecy of the trial is deemed necessary, can conduct the trial behind closed doors, but the announcement of the court decision should be open in all instances. Article One Hundred and twenty nine Ch. 7. Art. 14 The court is obliged to state the reasons for the decision it issues. All specific decisions of the courts are enforceable, except for capital punishment, which is conditional upon approval of the President. Article One Hundred and thirty Ch. 7. Art. 15 While processing the cases, the courts apply the provisions of this Constitution and other laws. When there is no provision in the Constitution or other laws regarding ruling on an issue, the courts' decisions shall be within the limits of this Constitution in accord with the Hanafi jurisprudence and in a way to serve justice in the best possible manner. Article One Hundred and thirty one Ch. 7. Art. 16 Courts will apply Shia school of law in cases dealing with personal matters involving the followers of Shia Sect in accordance with the provisions of law. In other cases if no clarification by this constitution and other laws exist and both sides of the case are followers of the Shia Sect, courts will resolve the matter according to laws of this Sect. Article One Hundred and thirty two Ch. 7. Art. 17 Judges are appointed with the recommendation of the Supreme Court and approval of the President. The appointment. transfer, promotion, punishment, and proposals to retire judges are within the authority of the Supreme Court in accordance with the law. The Supreme Court shall establish the General Administration Office of the Judicial Power for the purpose of better arrangement of the administration and judicial affairs and insuring the required improvements. Article One Hundred and thirty three Ch. 7. Art. 18 When a judge is accused of having committed a crime, the Supreme Court shall inquire about the case involving the judge in accordance with the law. After listening to his defense, when the Supreme Court regards the accusation to be valid, it shall present a proposal about the judge's dismissal to the President. After the Presidential approval, the accused judge is dismissed from duty, and punished in accordance with the provisions of the law. Article One Hundred and thirty four Ch. 7. Art. 19 Discovery of crimes is the duty of the police and investigation and prosecution are conducted by the Attorney's Office in accordance with the provisions of the law. The Attorney's Office is part the Executive branch, and is independent in its performances. The structure, authority, and activities of the Attorney's Office are regulated by law. Discovery and investigation of crimes related to the armed forces are regulated by a special law. Article One Hundred and thirty five Ch. 7. Art. 20 If parties involved in a case do not know the language in which the trial is conducted, they have the right to understand the material and documents related to the case through an interpreter and the right to speak in their mother language in the court.
Chapter EightThe Administration
Article One Hundred and thirty six Ch. 8. Art. 1 The Administration of Islamic Republic of Afghanistan shall be based on central and local administrative units in accordance with the law. The central administration is divided into a number of administrative units, each of which shall be headed by a minister. The local administrative unit is a province. The number, area, parts, and structures of the provinces and the related administrations are regulated by law on the basis of population, social and economic conditions, and geographic location. Article One Hundred and thirty seven Ch. 8. Art. 2 The government, while preserving the principle of centralism, shall delegate certain authorities to local administration units for the purpose of expediting and promoting economic, social, and cultural affairs, and increasing the participation of people in the development of the nation. Article One Hundred and thirty eight Ch. 8. Art. 3 In every province a provincial council is to be formed. Members of the provincial council are elected in proportion to the population by free, direct, secret ballot, and general elections by the residents of the province for a period of four years in accordance with the law. The provincial council elects one of its members as Chairman. Article One Hundred and thirty nine Ch. 8. Art. 4 The provincial council takes part in securing the developmental targets of the state and improving its affairs in a way stated in the law, and gives advice on important issues falling within the domain of the province. Provincial councils perform their duties in cooperation with the provincial administration. Article One Hundred and forty Ch. 8. Art. 5 In order to organize activities involving people and provide them with the opportunity to actively participate in the local administration, councils are set up in districts and villages in accordance with the provisions of the law. Members of these councils are elected by the local people through, free, general, secret and direct elections for a period of three years. The participation of nomads in these councils is regulated by law. Article One Hundred and forty one Ch. 8. Art. 6 Municipalities shall be set up in order to administer city affairs. The mayor and members of the municipal councils are elected by free, general, secret, and direct elections. The affairs related to municipalities are regulated by law. Article One Hundred forty two Ch. 8. Art. 7 For the purpose of the implementation of the provisions, and ensuring the values of this constitution, the state shall establish the required departments.
Chapter Nine The State Of Emergency
Article One Hundred and forty three Ch. 9, Art, I If due to war, threat of war, serious rebellion, natural disasters, or situations similar to these protecting the independence or nation's survival becomes impossible by following the provision of this Constitution, the President in confirmation of National Assembly shall declare a state of emergency in some or all parts of the country. If the state of emergency continues for more than two months, the agreement of National Assembly is required for its extension. Article One Hundred and forty four Ch. 9, Art. 2 During the state of emergency, the President, with the consultations of heads of the National Assembly, and Chief Justice can transfer some authorities of the National Assembly to the government. Article One Hundred and forty five Ch. 9, Art. 3 During the state of emergency, the President with the consent of the heads of the National Assembly and the Supreme Court, can suspend the validity of the following Articles or can place restrictions on them: 1‑Paragraph two of Article twenty‑seven 2‑ Article thirty‑six. 3‑ Paragraph two of Article thirty‑seven. 4‑ Paragraph two of Article thirty‑eight. Article One Hundred and forty six Ch. 9, Art. 4 During the state of emergency, the Constitution cannot be amended. Article One Hundred and forty seven Ch. 9, Art. 5 If the Presidential term of office, and or the legislative period expire during a state of emergency, the new elections shall be postponed, and the presidency, and the legislative period shall be extended for up to four months. If the state of emergency continues for more than four months, a Loya Jirga shall be called by the President for further decisions. Following the termination of state of emergency, election would be held within two months Article One Hundred and forty eight Ch. 9, Art. 6 After the end of the state of emergency, the measures adopted on the basis of Articles 144 and 145 of this Constitution shall be considered invalid immediately.
Chapter Ten Amendments
Article One Hundred and forty nine Ch. 10, Art. 1 The provisions of adherence to the fundamentals of the sacred religion of Islam and the republican regime cannot be amended. The amendment of the fundamental rights of the people are permitted only in order to make them more effective. Considering new experiences and requirements of the time, other contents of this Constitution can be amended by the proposal of the President or by the majority of the National Assembly in accordance with the provisions of Article 67, and 146 of this constitution. Article One Hundred and fifty Ch. 10, Art. 2 In order to implement proposals regarding amending the Constitution, a commission composed of members of the government, National Assembly, and the Supreme Court, would be established by a Presidential decree, and the commission shall prepare a draft of the amendments. For approval of the amendments, a Loya Jirga shall be convened by the decree of the President in accordance with the provisions of the Chapter on the Loy Jirga. When the Loya Jirga approves an amendment by a majority of two‑thirds of its members, it shall be enforced after endorsement by the President.
Chapter Eleven The Miscellaneous Provisions
The President, Vice President, Ministers, Head and members of the Supreme Court, cannot engage in any profitable business contracts with the government or individuals during their term of office. Contracts for the purpose of fulfilling personal needs are exception to this provision. Article One Hundred and fifty two Ch. 11. Art. 2 The President, Vice President, ministers, heads and members of the National Assembly, the Supreme Court, and judges, cannot undertake other jobs during their terms of office. Article One Hundred and fifty three Ch. 11. Art. 3 Judges, Attorneys, and Officers of the Armed Forces and Police, and members of the National Security, cannot be members of political parties during their terms of office. Article One Hundred and fifty four Ch. 11, Art. 4 Property of the President, Vice President, and ministers and members of the Supreme Court before and after their term of office would be registered and monitored by an organ to be set by law. Article One Hundred and fifty five Ch. 11, Art. 5 For the ministers, members of the National Assembly, the Supreme Court, and judges, appropriate salaries shall be paid in accordance with the provisions of law.
Chapter Twelve The Transitional Provisions
Article One Hundred fifty six Ch. 12, Art. 1 The Title of the Father of the Nation and the privileges granted by the Emergency Loya Jirga of 1381 (2002) to His Majesty Mohammad Zahir Former King of Afghanistan are preserved for him during his lifetime, in accordance with the provisions of this constitution. Article One Hundred and fifty seven Ch. 12. Art. 2 The period, following the adoption of this Constitution, until the date of inauguration of the National Assembly, is deemed as transitional period. During the transitional period, the Islamic Transitional State of Afghanistan would carry the following tasks: 1‑ Issue decrees related to the elections of the President, National Assembly and local councils within six months. 2‑ Issue decrees regarding the structure and authorities of the courts and basic administration structures within one year. 3‑ Establish an Independent Electoral Commission for Supervising Elections. 4‑ Take necessary measures for reform of executive and judicial affairs. 5‑ Adopt necessary y measures for preparing the ground for enforcement of the provisions of this Constitution.
Article One Hundred and fifty eight Ch. 12. Art. 3 The first President elected, takes up his duties after thirty days after the result of his election has been proclaimed, in accordance with this constitution. Article One Hundred and fifty nine Ch. 12. Art. 4 Elections of the National Assembly will be held within one year of the Presidential elections. The powers of the National Assembly under this constitution until the establishment of the National Assembly is transferred to the Government and the Supreme Court is formed by the decree of the President. The Government, and the Supreme Court shall be established within thirty days after the first session of the Wolesi Jirga is taken place. The President of the Transitional Islamic State of Afghanistan shall continue his duties until the elected President has taken the office. The executive, and judicial organs of the state in accordance with provisions of paragraph 3 of article 157 of this constitution shall continue their duties, until the formation of the Government and the Supreme Court. The decrees enforced from the beginning of the interim period, shall be submitted to the first session of the National Assembly. These decrees are enforceable until they are annulled by the National Assembly. Article One Hundred sixty Ch. 12. Art. 5 This constitution is enforced upon its approval by the Loya Jirga, and will be signed and announced by the President of the Transitional Islamic State of Afghanistan. Upon the enforcement of it, laws and decrees contrary to the provisions of this constitution are invalid.
1. Text obtained from Pakistan Foreign Office. 2. Approved by Loya Jirga on Sunday, 4 January 2004. 3. According to article sixty of the Constitution and verbal inquiry from the Afghan Embassy “The President shall have one Vice President” but subsequent statements and articles in the press indicate two Vice Presidents.
The Key Points of Afghanistan's First Post-Taleban Constitution
Afghans Endorse New Constitution
Afghanistan's grand assembly or loya jirga has agreed on a new constitution that aims to bring stability and unity to a nation ravaged by war. It envisages a powerful presidency - in line with the wishes of current leader Hamid Karzai - and two vice-presidents. The constitution is designed to consolidate an ethnically diverse state able to stand up to Taleban insurgents. Agreement was reached after three weeks of heated debate that exposed the country's fragile ethnic relations. But President Karzai told the gathering: "There is no winner or loser." "Everybody has won." "I want an Afghanistan where a poor boy from the Baluch tribe can become president," Mr Karzai said, referring to one of the country's clan. US President George W Bush welcomed the constitution. "A democratic Afghanistan will serve the interests and just aspirations of all of the Afghan people and help ensure that terror finds no further refuge in that proud land," Mr Bush said in a statement.
Consensus Divisions over official languages and whether ministers could have dual citizenship had delayed the agreement. Finally deals were brokered behind the scenes to reach Sunday's successful conclusion. "I invite you to stand up in a sign of approval of the new constitution," the loya jirga chairman Sibghatullah Mujaddedi said. The overwhelming majority of the 502 delegates meeting in a big tent in Kabul got to their feet, approving the new charter by consensus rather than an actual vote. Ratifying a new constitution is a key requirement of the Bonn agreement, the peace accord signed in December 2001 after the Taleban were toppled from power by the United States military. But the BBC's Crispin Thorold in Kabul says after such a divisive meeting, strong leadership and compromise among the factions will be essential to ensure the constitution is accepted by the vast majority of Afghans.
In many ways the hard work begins now with implementation of the constitution, he says. Since the last constitution was drawn up in 1964, Afghanistan has seen Soviet occupation, civil war and five years of hardline Taleban rule. Islamic Sharia law is not specifically mentioned in the document. But observers say one article could allow Sharia to be introduced by the back door.
Ethnic split One of the thorny issues was whether Uzbek should be recognised as an official language. Some delegates were opposed to the Uzbek language being recognised as official along with Pashto, spoken by Pashtuns who form the majority of Afghans, and Dari, spoken by Tajiks. There is intense rivalry between the Pashtuns, who have traditionally dominated Afghan political life, and smaller groups like the Tajiks, Uzbeks and Hazaras. Agreement was reached to have Pashto and Dari as the two official languages. The tongues of the minority ethnic groups will be third official languages in the areas where those communities are in the majority. The divisive issue of the dual nationality of ministers was also resolved. If a minister in the new government holds citizenship of two countries, it is believed that parliament will vote on that appointment. Many of President Karzai's cabinet ministers hold dual nationality. UN special envoy Lakhdar Brahimi congratulated Afghanistan on its new constitution but warned "that there is no rule of law in this country yet". Despite the presence of international peacekeepers in parts of the country, militias and warlords still hold sway in many regions.
4 January 2004 <http://news.bbc.co.uk/2/hi/south_asia/3366455.stm>
A Giant Step for Freedom
After teetering on the brink of collapse, the loya jirga in Afghanistan has almost miraculously reached agreement on a new constitution, giving men and women equal rights and striking a balance between a strong presidency and Parliamentary oversight: Just a day after warning that the meeting, or loya jirga, was heading toward a humiliating failure, chairman Sibghatullah Mujaddedi announced that last-ditch diplomacy had secured a deal. ... The charter was amended to grant official status to northern minority languages where they are most commonly spoken, an issue which had brought the meeting close to collapse. ... After the new draft was circulated, the 502 delegates gathered under a giant tent in the Afghan capital rose from their chairs, standing in silence for about 30 seconds to signal their support for the new charter.
Is it perfect? Not really; Islamist factions insisted and received provisions for Afghanistan to be an Islamic republic and also got a ban on alcohol, but there will be no mullahs passing supreme judgment on government and no Shari'a. It's a good start, and especially since all 502 delegates in the end voted to support the result. That certainly bodes well for a country divided along tribal, religious, and ethnic lines for centuries. Most importantly, it appears to respect these demographic components and allow everyone to have a voice in a representative democracy, a far cry indeed from the days of the Taliban or the corrupt governments that preceded it. A lot of work remains to be done in Afghanistan, but there is no doubting that the Afghanis can rise to the occasion. The ludicrous notion that this region is not ready for responsible self-government can be laid to rest in the near future and, afterwards, maybe President Bush can finally get some credit for freeing tens of millions of Afghanis from the brutal, oppressive rule of the Taliban and the exploitation of al-Qaeda.
4 January 2004 http://captained.blogs.com/captains_quarters/2004/01/a_giant_step_fo.html
President Bush Commends People of Afghanistan for New Constitution
I congratulate the people of Afghanistan on the adoption of their new constitution. This document lays the foundation for democratic institutions and provides a framework for national elections in 2004. A democratic Afghanistan will serve the interests and just aspirations of all of the Afghan people and help ensure that terror finds no further refuge in that proud land. This new constitution marks a historic step forward, and we will continue to assist the Afghan people as they build a free and prosperous future.
4 January 2004 <http://www.whitehouse.gov/news/releases/2004/01/20040104.html>
Afghan Factions Reach Deal on Constitution
Afghanistan's rival factions agreed on a new constitution yesterday, overcoming weeks of discord to set the country on the path to free elections. Ethnic leaders reached a deal after more than three weeks of talks at a loya jirga (grand assembly), just when it seemed a row over language and minorities would bring failure. The charter provides for a strong president - to be elected as early as June - two vice-presidents, a cabinet and a parliament. It is hoped that the powerful leader can glue together the ethnic jigsaw, pre senting a broad, united front against an insurgency by suspected Taliban and al-Qaida elements in the south and east. "Today we proved that we have national unity," said the transitional president, Hamid Karzai. "It is a very great success." The final document makes Pashto, spoken by the biggest group, the Pashtuns, and Dari, spoken by Tajiks, official languages. Minority languages will be recognised in areas where they predominate. It also spells out that men and women should be treated equally. There is no mention of sharia law.
The Guardian, 5 January 2004 <http://www.guardian.co.uk/international/story/0,3604,1116009,00.html>
New Afghan Constitution Offers Hope, Faces Challenges
Afghanistan's loya jirga, or grand tribal council, has adopted a new constitution following three weeks of vigorous debate. The new basic law, which provides for a directly elected president and bicameral legislature, paves the way for elections in mid 2004. The 502-member loya jirga approved the constitution on January 4. The document seeks to blend democratic ideals into the country's traditionally Islamic fabric. It emphasizes the primacy of civil law in the country, which will now be officially known as the Islamic Republic of Afghanistan. At the same time, it stresses that the country's laws should not contravene the main tenets of Islam. The constitutional loya jirga survived intense wrangling among conservatives, reformists and the country's various ethnic groups. A major source of debate was the issue of executive authority. The notion of a strong Afghan presidency faced stiff resistance. Although in the end, the constitution granted the chief executive broad powers, some observers still question whether the president will have sufficient authority to dilute the power of warlords, who control many Afghan regions, and to counter the lure of radical Islam. "Is this constitution perfect? Most probably not. Will it be criticized? I fear it will, both inside and outside Afghanistan," Lakhdar Brahimi, the United Nations special representative to Afghanistan, remarked at the loya jirga's closing ceremony. "Nevertheless, I think that you [loya jirga delegates] have every reason to feel proud of what you have achieved." Up until almost the very end, the result of the constitutional debate seemed in doubt. On December 30, the discussions appeared stalemated. Former president Burhanuddin Rabbani led roughly 100 of 502 delegates to boycott procedural votes, spurring the chairman to storm out of the meeting. Rabbani, an ethnic Tajik, resisted constitutional language on the creation of a strong presidency. The row ended with a last-minute compromise. On January 4, Interim President Hamid Karzai, who is the front-runner to win the presidential vote held under the new constitutional guidelines, told delegates that he would learn to speak Uzbek and that the constitution would grant language rights to Tajiks and other ethnic minorities who dominate northern portions of the country. These rights, and a declaration making Afghanistan an "Islamic republic," diluted complaints about Karzai's desire for a constitution that featured centralized authority. Interpreting Islamic principles could rekindle these complaints, especially since the document leaves room for relatively strict uses of doctrine in law. During the proceedings, some delegates worried that weaving religion into the constitution would weaken it. "Islam should be separated from politics," said a delegate from an Iranian refugee camp who asked for anonymity. "The delegates don't know what's going on in Iran. They made a few official trips to the country, met mostly the conservative faction, and now want to copy them." Rabbani dismissed concerns that Islamic law would undermine human rights. "Human rights [law] is not new," he told EurasiaNet in December. "Islam talked about it 1,400 years ago. We believe in human rights and such things should not worry foreigners, or make human rights activists think we are against it." The constitution binds Afghanistan to international human rights laws, but stipulates that such laws cannot override Islamic principles. It also affirms women's equal status and accords them 25 percent of seats in the lower house of the new bicameral parliament. Such provisions, some observers believe, may end up clashing with conservative Islamic views. For the time being, however, the constitution enjoys universal support. "We accept the rights of women as defined by the Koran," said Abdul Rassul Sayyaf, who heads a conservative party called the Islamic Union of Afghanistan. Sayyaf has been an outspoken critic of Karzai in the past. Brahimi in his closing comments sought to bolster support for broader rights for women. "The people who have suffered most, the people who have sacrificed most are our women," Brahimi said. "We must respect our women, we must recognize their rights and we must be proud to have them on our side to rebuild the country." The document also offers Karzai official authority over the nation's defense establishment. This provision may dampen warlords' claims to legitimacy. However, constitutional statutes do little to undermine the fact that warlords are often one of the main sources of employment in their respective regions.
Camelia Entekhabi-Fard, 5 January 2004 <http://wwww.reliefweb.int/w/rwb.nsf/0/04554c6dbf2a441685256e1c006f90ce?OpenDocument>
New Afghan Constitution
KABUL - Afghanistan's historic new constitution has won international support and the blessing of most of the delegates to the country's grand assembly, but differences remain on some issues such as ethnic divisions and the role of religion. The loya jirga on Sunday adopted the country's first post-Taliban constitution with the majority of the 502 delegates approving a presidential system for the Islamic republic, paving the way for democratic elections later this year. "This constitution reflects the views of all Afghans including minorities. It is a well balanced constitution, but it is only on paper," said Mohammed Alam, a delegate from Farah Province and an ethnic Tajik. "There is no guarantee for its implementation. There are weapons everywhere in the country. The government has to disarm militias and gather the weapons, then it will be possible to think about implementation of constitution and other laws in Afghanistan." The landmark document has won support from abroad, with US President George W. Bush, whose military led the coalition that ousted the hardline Islamist regime, quick to praise it. "This document lays the foundation for democratic institutions and provides a framework for national elections in 2004," Bush said in a statement issued by the White House. United Nations Secretary General Kofi Annan described the new constitution as a "historic achievement". The document enshrines a presidential system of government with a bicameral parliament and paves the way for the country's first democratic elections. The president is to be directly elected by winning more than 50 percent of the votes of the Afghan people and will have two vice-presidents. The 160-article document outlines the framework for an Islamic republic with "Islam as its sacred religion", but followers of other faiths are free to worship within the provisions of the law. Education up to high-school level is to be free and health care is the government's obligation. Men and women are deemed to have equal rights and duties before the law, unlike under the repressive Taliban regime when women were unable to work. Pashtu and Dari are the official languages, along with ethnic minority languages in the areas in which they are spoken, and the national anthem is to be sung in Pashtu. But some delegates to the meeting have complained that there was pressure on them to accept the document to prevent a humiliating failure. "I am not going to sign this constitution. It has been imposed by the government on us," said Rohullamin, a Pashtun delegate from Ningarhar province. "We wanted to bring changes to certain articles but no one listened to us. To keep warlords happy they accepted Uzbeck as an official language, which is laying the corner stone for federalism. Now there are several official languages ... We should have one national language spoken by majority of the population and that is Pashtu," said Rohullamin. Dr Moahmmed Kabir Rangebar, also an ethnic Pashtun, said: "I won't sign this constitution because this is an ideological and political constitution. There is a close tie between religion and the state." Delegate Nadir Khan, from southeastern Paktika province, told Agence France-Presse: "We still support the constitution, although it does not reflect all our demands." "There are several official languages and Pashtu should be the national language as it is spoken by the majority of the population. There are several other articles we wanted to change, but still we support it."
<http://www.inq7.net/wnw/2004/jan/06/wnw_5-1.htm>
afghanistan’s Milestone, says khalilzad
The constitutional loya jirga that concluded in Kabul Sunday was a milestone on the Afghan people's path to democracy. Afghans have seized the opportunity provided by the United States and its international partners to lay the foundation for democratic institutions and provide a framework for national elections in 2004. The Afghan people manifested this remarkable commitment to democracy in two ways. They defied the enemies of Afghanistan's progress -- remnants of the extremist Taliban and al Qaeda forces -- by participating in elections for the delegates to the constitutional loya jirga. The extremists sought to intimidate candidates and voters. They failed. Women especially were not intimidated. There was a powerful reversal of symbolism when the Kabul soccer stadium -- used less than three years ago by the Taliban to execute women accused of adultery -- was used by thousands of women to choose their representatives to the constitutional loya jirga. Of the voting delegates, 102 were women -- more than 20 percent of the total delegates. Second, Afghans overcame their past. Instead of relying on the power of the gun, they embraced the often difficult and sometimes messy democratic process of debating, listening and compromising. They trusted in the power of their words by openly deliberating the important issues. Afghans used newspapers, radios, teahouses, schools, universities, mosques -- even the Internet -- as forums to debate fundamental issues such as the system of government, the role of religion, human rights -- particularly the role of women -- and, in a country with more than a dozen ethnic groups, such emotional issues as official languages and the relationship between the center and provinces. Such a wide-ranging debate is unprecedented in more than 5,000 years of Afghan history. The Afghan people's desire to succeed overcame the potential for failure. In the midst of sharp debates, the delegates and people of Afghanistan were unswervingly committed to obtaining a sound constitution. Attempts by warlords and religious fundamentalists to hijack the process were thwarted. Women and minorities held leadership roles. When one brave young woman denounced some of the delegates for their role in the destruction of Afghanistan in the 1990s, the chairman initially sought to throw her out of the hall. The delegates forced him to relent, and Malalai Joya refused to be intimidated and went on to play an active role in her working committee. By the loya jirga's completion, three women were part of the seven-member leadership team and several more took leading positions in the working committees. When ethnic and regional divisions emerged as possible fault lines over issues such as official languages, the delegates decided to find unity in diversity by making all languages official where they are spoken by the majority. This is unprecedented for Afghanistan and the region. With the Afghan people and the world watching, Hazaras, Pashtuns, Tajiks, Turkmen, Uzbeks and others adopted one of the most enlightened constitutions in the Islamic world. The Afghan constitution sets forth a presidential system with a strong parliament and an independent judiciary. The final document embraces a centralized government structure, which reflects most delegates' belief that years of war and the destruction of national institutions have left the central government far too weak. Delegates strengthened parliament by determining basic state policies and requiring confirmation of key presidential appointees, including the head of the central bank and the director of the national intelligence service. The Afghan constitution also sets forth parallel commitments to Islam and to human rights. While embracing Islam as the state religion, the document provides broad religious freedom -- allowing adherents of other faiths to practice their religions and observe religious rites. The loya jirga increased the number of women in parliament to an average of two female representatives from each province and explicitly stated, "Citizens of Afghanistan -- whether men or women -- have equal rights and duties before the law." Accepting equality between men and women marks a revolutionary change in the roles women are able to play in Afghan government and society. The United Nations has played a vital role in building Afghan political institutions since the Bonn Conference set the country on its current course. In particular the secretary general's special representative, Lakhdar Brahimi, was critical in helping the loya jirga delegates bridge their differences and achieve this successful outcome. Afghanistan faces more challenges: implementing this constitution, defeating the remaining extremists and terrorists, disarming militias, strengthening national institutions, eliminating narcotics production and helping the poorest of Afghans gain a foothold on the ladder of opportunity. After the suffering of the past 20 years, ordinary people of Afghanistan want their country to work. By adopting a sound constitution through an orderly and transparent process, Afghans have cleared a major hurdle. Afghanistan has sent a compelling message to the rest of the world that by investing in that country's development, the United States is investing in success. Americans can take pride in the role we have played in leading the multilateral effort to support Afghan democratization. The toppling of the Taliban and the stabilizing presence of the coalition and NATO International Security Assistance Force troops have enabled the seeds of political progress to sprout. President Bush's decision to increase aid to Afghanistan -- which will likely total more than $2 billion in fiscal 2004 -- will accelerate reconstruction of the country's national army, police force, economic infrastructure, schools and medical system. Our work in Afghanistan is not yet done. It will take several years and a sustained commitment of significant resources by the United States and the international community before the country can stand on its own feet. Given the stakes involved, we must remain committed for as long as it takes to succeed.
Zalmay Khalilzad, Special Presidential Envoy and Ambassador to Afghanistan The Washington Post, 6 January 2004 <http://www.state.gov/p/sa/rls/rm/27702.htm>
Annan Welcomes Afghan Constitution UN Secretary General Kofi Annan has welcomed the adoption of Afghanistan’s first post-Taliban constitution, calling it a “historic achievement”. “This historic achievement represents the determination of the Afghan people to see their country transition to a stable and democratic state,” Annan said through his spokesman, Fred Eckhard. Afghanistan’s Loya Jirga, a grand assembly of religious leaders, had on Sunday ratified the draft constitution after more than three weeks of deliberations.
“This is another important step in the peace process that justifies the
commitment of the Afghan people and the international community to date and
which must be sustained, if not increased,” the statement said.
Taliban to be freed A powerful Afghan commander will free hundreds of former Taliban fighters held in a prison in the northern town of Shiberghan. The move by Uzbek General Abdul Rashid Dostum follows appeals by relatives of the captives at the Loya Jirga on Sunday. The fighters have been held in the prison since it fell to US-led forces in late 2001. At the height of the US-led war that led to defeat of the Taliban regime, Dostum’s forces captured hundreds of Taliban and al-Qaeda fighters during battles in the north. Dostum’s loyalists are accused of allowing hundreds of Taliban fighters to suffocate while being transported to the prison in metal containers. Dostum denies the charge, but says many may have died from wounds sustained during fighting. He has already released hundreds of Taliban militants from his jail, including many Pakistanis. Faizullah Zaki, Dostum’s spokesman, on Monday said around 450 Taliban fighters and a similar number of Pakistani prisoners were being held at the jail
6 January 2004 <http://www.deccanherald.com/deccanherald/jan062004/f3.asp> CEDAW Chairperson Applauds New Afghan Constitution
The following statement was issued by Ms. Feride Acar, Chairperson of the Committee on the Elimination of Discrimination against Women (CEDAW): “On Sunday, 4 January 2004, the Constitutional Loya Jirga of Afghanistan approved a new Constitution for the country. This agreement marks a historic milestone for the Afghan people who have overcome decades of conflict and political chaos in working towards the creation of a stable and democratic State. There is additional cause for celebration: the newly approved Constitution explicitly guarantees that men and women have equal rights and duties before the law. This is a significant victory for women and girls in Afghanistan who barely three years ago were completely excluded from all spheres of life and faced systematic violations of their human rights on a daily basis. “Gender equality is a crucial factor not only in achieving sustainable peace but also in ensuring respect for human rights, democracy and the rule of law in all societies. Enshrining the principle of gender equality within the Constitution is a vital starting point for the transformation and reconstruction of Afghanistan. It legitimizes the important role played by women and girls in Afghanistan in reshaping their future and in rebuilding their country. “As the international human rights treaty that addresses most comprehensively women’s equality with men and non-discrimination in the civil, political, economic, social, cultural and any other field, the Convention on the Elimination of All Forms of Discrimination against Women has a vital role to play in promoting and realizing the goal of gender equality. Afghanistan acceded to the Convention on 5 March 2003, without reservations. As Chairperson of the Committee on the Elimination of Discrimination against Women, I congratulate the delegates to the Constitutional Loya Jirga for their courage, vision and commitment to the equal rights and duties of women and men. I will work to ensure the Committee’s continued encouragement and support for the full and effective implementation of the Convention in Afghanistan. “As we celebrate the dawn of a new era for Afghanistan, I congratulate the Afghan people, and especially its women, for this incredible achievement.”
<http://www.un.org/News/Press/docs/2004/afg242.doc.htm>
Afghan Constitution does not Reflect Delegates’ DemandsKABUL: Afghanistan's historic new constitution has won international support and the blessing of most of the delegates to the country's grand assembly, but differences remain on some issues such as ethnic divisions and the role of religion. The Loya Jirga on Sunday adopted the country's first post-Taliban constitution with the majority of the 502 delegates approving a presidential system for the Islamic republic, paving the way for democratic elections later this year. "This constitution reflects the views of all Afghans including minorities. It is a well balanced constitution, but it is only on paper," said Mohammed Alam, a delegate from Farah Province and an ethnic Tajik. "There is no guarantee for its implementation. There are weapons everywhere in the country. The government has to disarm militias and gather the weapons, then it will be possible to think about implementation of constitution and other laws in Afghanistan," says Alam. The landmark document has won support from abroad, with US President George W Bush, whose military led the coalition that ousted the hard-line Islamist regime, quick to praise it. "This document lays the foundation for democratic institutions and provides a frame-work for national elections in 2004," Bush said in a statement issued by the White House. United Nations Secretary General Kofi Annan described the new constitution as a "historic achievement". … But some delegates to the meeting have complained that there was pressure on them to accept the document to prevent a humiliating failure. "I am not going to sign this constitution. It has been imposed by the government on us," said Rohullamin, a Pashtun delegate from Ningarhar province. "We wanted to bring changes to certain articles but no one listened to us. To keep warlords happy they accepted Uzbeck as an official language, which is laying the corner stone for federalism. Now there are several official languages ... We should have one national language spoken by majority of the population and that is Pashtu." Dr Moahmmed Kabir Rangebar, also an ethnic Pashtun, said: "I won't sign this constitution because this is an ideological and political constitution. There is a close tie between religion and the state." Delegate Nadir Khan, from southeastern Paktika province, told AFP: "We still support the constitution, although it does not reflect all our demands." ‑AFP
Opening of a new chapter: Schroeder BERLIN: Chancellor Gerhard Schroeder of Germany, which has soldiers helping keep the peace in Afghanistan, Monday hailed the adoption of the country's first post‑Taliban constitution as opening a new chapter in its turbulent history. In a letter to Afghan President Hamid Karzai, he said Sunday's agreement also paved the way for free and fair elections later this year. The decision "has opened a new chapter in Afghanistan's history," he wrote. "The ground lines have been laid for democracy, sustainable reconstruction and national reconciliation." He said adoption of the constitution had given Afghanistan and the entire region a concrete perspective for peace and development. ‑AFP
Result of global action: Straw LONDON: British Foreign Secretary Jack Straw on Monday hailed the adoption of Afghanistan's first post‑Taliban constitution, saying it demonstrated the benefits of firm international action taken on behalf of a nation in turmoil. "We had a successful outcome of the major Loya Jirga, the consultation process in Afghanistan to establish a new constitution for Afghanistan," Straw said. The constitution and national elections set for the middle of 2004, will give Afghanistan "its first elective government". The foreign secretary saw this as a consequence of when "firm action is taken by the international community", noting the action in Afghanistan "was led again by the US and the UK in support of local people ... despite all difficulties."‑AFP
Daily Time (Lahore), 6 January 2004
Constitutional Accord Hailed in Afghanistan
KABUL (Agencies): Afghan delegates agreed on a new constitution today, overcoming weeks of division and mistrust to hammer out a historic compromise meant to bind together the war‑ravaged country's mosaic of ethnic troops. Just a day after warning that the meeting, or Loya Jirga, was heading toward a humiliating failure, chairman Sibghatullah Mujaddedi announced that last‑ditch diplomacy had secured a deal. After the new draft was circulated, the 502 delegates gathered under a giant tent in the Afghan capital rose from their chairs, standing in silence for about 30 seconds to signal their support for the new charter. President Hamid Karzai used a speech to try to soothe tempers after negotiations that saw him and his ministers accused of trying to crush dissent with heavy‑handed lobbying. The president thanked every ethnic group pledged to learn the Uzbek language, and called for an end to tribe‑based politics. "Today we proved that we have national unity." he said. "It is a very great success . . . We should respect it, we should implement it." The charter was amended to grant official status to northern minority languages where they are most commonly spoken, an issue that brought the meeting close to collapse. UN Special Representative " Lakhdar Brahimi and US Ambassador Zalmay Khalilzad hailed the accord. … A Canadian professor who helped negotiate the new constitution for Afghanistan said he's relieved the process is over. Omar Zakhilwal, who took leave from his job at Carleton University in Ottawa to advise the interim Afghan government, said the document lays the foundations for moving away from two decades of war in Afghanistan. "This is just not a document for the sharing of power or the distribution of power, its for laying the foundations that we don't have right now," he said, noting Afghanistan lacks key institutions and infrastructure. Zakhilwal said Canadians may understand some of the haggling that went on over the past three weeks to reach the deal, considering Canada's own dealings with constitutional wrangling. However, in Afghanistan there is more at stake than in past Canadian debates that ended in the failure of the Meech Lake and Charlottetown accords. Zakhilwal points out that Canada has always had strong political and economic foundations, unlike Afghanistan, which is starting from scratch. Karzai has argued strongly for a dominant chief executive to hold the country together as it rebuilds and reconciles after more than two decades of war, and said he wouldn't run again if he didn't get his way. It was also a triumph for the United States and United Nations, whose officials worked tirelessly to broker a back‑room agreement bolstering a peace process begun after the ouster of the Taliban two years ago. In three weeks of often rancorous debate, religious conservatives forced through amendments to make the constitution more Islamic possibly with a ban on alcohol. On the other hand, wording was changed to spell out that men and women should be treated equally ‑ a key demand of human rights groups. In the most bruising tussle, minorities such as the Uzbeks and Turkmen from the north won official status for their languages in the areas where they are strongest, with only grudging acceptance from Pashtuns. Rivals of Karzai, mainly from the northern alliance faction that helped US forces drive out the Taliban for harbouring Osama hin Laden, strengthened parliament with amendments giving it veto power over some key appointments and policies. A new commission is to be set up to monitor implementation of the constitution ‑ another potential power base for a rival. But with no provision for a prime minister or strong regional councils, the wide‑ranging powers sought by Karzai in a draft released in November appeared to have survived mainly intact. The charter makes the president commander‑in-chief of the armed forces, charges him with determining the country's fundamental policies and gives him considerable power to press legislation. "The strong presidency was quickly settled." Khalilzad said, although he acknowledged parliament had been bolstered. "It's more balanced in that way." Observers said it was vital for the constitution to command broad support, and analysts have voiced concern that Karzai's reliance on the support of his fellow Pashtuns could make him a partisan figure in the eyes of the country's myriad minorities. The United Nations has warned that taming regional factions, and persuading some of the estimated 100,000-militia fighters still roaming the country, is essential to prevent intimidation from spoiling the presidential elections scheduled for June.
The Frontier Post (Peshawar), 6 January 2004
Afghan Constitution Leaves many Issues Unresolved
KABUL: A strong presidential system enshrined in Afghanistan's new constitution, tailor‑made for Afghan leader Hamid Karzai, could lead to a dictatorship, a former president of the country said on Tuesday. Former president Burhanuddin Rabbani, who led the opposition against Karzai at the constitutional Loya Jiga (Grand Assembly) said the impact of the new charter, passed on Sunday after weeks of wrangling between rival ethnic factions, would be limited. He accused government ministers of meddling in the 22‑day debate and told Reuters the constitution was not one that represented a national consensus as claimed by its architects. "The discussions were held on limited issues and they cannot resolve the broader problems," Rabbani said in an interview. "The consensus was on basic issues and emergency steps were taken to resolve them, but the major and fundamental issues were not solved," he said. "If this issue is not dealt with, I am concerned that this will push Afghanistan to a dictatorship." The bearded Islamic professor was among the overwhelming majority of 502 delegates who stood up to show their support for the charter, although the dissent that characterised the debate has refused to go away. Rabbani, who was instrumental in bringing together more than 200 delegates from ethnic minorities including his Tajik clan, Hazaras and Uzbeks, argued for a stronger parliament. Credibility damaged: Karzai from the largest Pashtun group, argued for a strong presidency, as the only way to lead his war‑ruined country to recovery. Despite some compromises, he got his way in the end. The debate was largely carried out behind closed doors between a small number of key figures, and many delegates went away unhappy at being excluded from the process. Rabbani said this had damaged the credibility of the Loya Jirga, which opens the way for presidential and possibly parliamentary elections later this year. One of the most sensitive issues was that of language, which polarised Pashtuns and non‑Pashtuns. Rabbani said a deal was reached for the national anthem to be sung in Pashto, spoken by Pashtuns, and Dari, spoken by Tajiks. "The president was due to announce that the national anthem would be in Dari and Pashto, but unfortunately it did not happen. Mistrust increases when agreements are reached, but are not implemented," Rabbani complained. "We have complicated problems for which solutions should be found. Consensus was between some individuals who wanted to secure positions in the cabinet for themselves." Rabbani served as president of the mujahideen (holy warrior) government in the early 1990s; following the collapse of the Soviet‑backed regime in Afghanistan. During his rule, 50,000 people were killed in Kabul alone during fighting between factions vying for control of the city. The bloodshed helped the Islamic Taliban militia rise from virtually nothing to control most of the country by 1998. The Taliban were overthrown by US led forces and mujahideen factions in 2001. –Reuters
Daily Time (Lahore), 7 January 2004 New Constitution Gives Karzai a Strong HandKABUL (Agencies): Delegates gathered under huge white tent rise in unison to mark historic agreement, after three weeks of rancorous debate between rival factions, the Afahan Loya Jirga approved a new constitution that grants strong presidential powers to Hamid Karzai. but not before he was forced to make concessions for the sake of national unity. Assembled in a giant white tent in Kabul, all but a few of the 502 delegates to the traditional grand assembly rose in unison and stood in silence yesterday to end 22 days of negotiations and adopt 160 articles aimed at ending a quarter‑century of conflict and pushing ahead with reconstruction. The move came two years after a U.S.‑led coalition toppled the Taliban regime that gave refuge to Osama bin Laden's al‑Qacda terrorist network. "We have proven that through 30 years of war we still have a culture and we are still civilized." Mr. Karzai said at the closing ceremony. "It is a success for all of us." The agreement enshrines a directly elected president with executive powers, two vice presidents and an upper and lower house with strong legislative authority. It paves the way for a presidential election in June, with a parliamentary vote also called for at about that time. U.S. President George W. Bush hailed the agreement. "A democratic Afghanistan will serve the interests and just aspirations of all of the Afghan people, and help to ensure that terror finds no further refuge in that proud land," he said. The loya jirga was scheduled to last seven to 10 days, but ran twice as long and was nearly declared a failure on Saturday because delegates could not agree on the issue of minority language rights. Last‑minute intervention by the United Nations and the United States saved the constitution. The Uzbeks, a minority group in the north led by the warlord Abdul Rashid Dostum, demanded recognition of their language, to the anger of those delegates who said the move would turn the country into a weak, federalist state. In the end, it was agreed that Pashto and Dari would be the official languages, but all minority ones, including Uzbeki, Turkmen and Nuristani, would be official in area where they are spoken by the majority. Karzai, who pledged to learn Uzbeki, said he would not remain leader unless the loya Jirga voted for a presidential style government to reconcile the country riven by years of civil war. He was opposed by the northern faction and warlords who wanted a parliamentary democracy to give them better representation. The Loya Jirga also shifted the balance of power among ethnic groups. The credibility of the anti-Taliban force that control the defence ministry, the ethnic Tajiks, has diminished due to their resistance to the presidency. And for probably the first time in modern Afghan history, traditionally oppressed minorities – Uzbeks, Hazaras and Turkmen – found some of their grievances had been heard. Zalmay Khalilzad, the U.S. ambassador, said the constitution provided a framework for an enlightened society. “People can practise their religious rights. The recognition of languages in the areas they are spoken is revolutionary in this region. No one else has it.” In some respects, however, the constitution is more conservative than its draft version. Muslim fundamentalists lost their demands for a parliamentary democracy, but the strict interpretation of Islamic law known as sharia appears to have been introduced by the back door. The constitution was amended to say, “no law can be contrary to the beliefs and provisions of the sacred religion of Islam.” There were also concessions to women, who are politically and socially disenfranchised. Men and women have been declared equal, despite fierce resistance from fundamentalists. Also, two female delegates from each of the 32 provinces will be represented in the lower house, twice the number allotted in the draft version. But some female delegates complained the constitution did not go far enough because the right of girls not to be forced into marriage – a major problem – was not mentioned.
The Frontier Post (Peshawar), 7 January 2004
New Challenge: Reducing Ethnic Divisions
KABUL (Agencies): Afghanistan has adopted a new constitution, which both Afghan and international officials hope will heal the wounds from years of civil war. As the country now looks towards its first free elections in more than two decades, Afghan leaders are urging a spirit of unity among the nation's often‑fractious ethnic groups. Afghanistan formally adopted the new constitution Sunday, after weeks of debate and argument, often split along ethnic lines. Many of the disputes among members of the constitutional assembly, or "loya jirga” pitted the country's ethnic Pashtun majority against the many Afghan minority groups. Shouting matches and boycotts marked the assembly as the delegates debated amendments to a draft version of the constitution, drawn up by a panel of experts serving under the transitional government. The final document tries to smooth over many of the divisive issues. Amendments were added naming each ethnic group and specifying their identity as Afghans. And while previous Afghan governments designated the majority language of Pashto as the national language, the new constitution also extends this status to Dari, a Persian dialect spoken in the north and west. Other minority languages, such as Uzbek and Nooristani, were given official standing within the regions where they are spoken. Speaking at the constitutional signing ceremony, transitional President Hamid Karzai called on the nation to come together as a single people. In a gesture to the Uzbek minority, Mr. Karzai, a Pasthun, vowed to learn their language. He added that he hoped the day would come when Pashtuns would he willing to vote for a Dari‑speaking presidential candidate. Much of the ethnic tension can he traced to Afghanistan's civil war during the 1990s, which saw various ethnic‑based militias battling each other and forming ever‑shifting alliances. By the end of 1996, much of the country was controlled by the strictly religious Taleban made up mostly of Pashtuns. But in 2001, when the Taleban refused to hand over accused terrorist Osama bin Laden to the United States, U.S. forces allied with an ethnic Tajik‑led group to overthrow the regime. With the new constitution now settled, Mr. Karzai and other Afghan leaders are hoping the era of feuding tribes can he forever closed. … Some observers worry that a guerrilla-style insurgency waged by remnants of the Taleban and other anti-government militias could force a delay. But President Karzai, who plans to run for re-election, says he believes the vote will take place on time. The Frontier Post (Peshawar), 8 January 2004 Western Press Hails Afghan Constitution
Kabul (SANA); Several major dailies discuss the agreement reached on a new constitution by Afghanistan’s grand assembly, or Loya Jirga. Weeks of contentious debate finally led to a settlement on 4 January that paves the way for elections to be held later this year. An editorial of The New York Times said Afghanistan’s new constitution, agreed by its Loya Jirga (grand assembly) on 4 January after weeks of debate, “offers hope that the beleaguered nation can finally evolve into a modern, democratic state.” Nevertheless, its challenges are just beginning. Now, the paper says, comes the difficult part: “Turning a decent constitution into a working democracy.” The paper lauds the new Afghan document for specifically ensuring equal rights for women: “That is clear progress after years under the Taliban, which did not believe in women’s education or even adequate health care.” And as a nation comprising many ethnic groups speaking several languages Afghanistan has also granted official respect for tongues other than its dominant Pashtu and Dari. But the rights guaranteed by the constitution could still be circumvented by “powerful interests” in the country, or curtailed by future laws. Future presidents or parliament could pass legislation that would “shut down news organizations or limit other freedoms.” And a judiciary that relies on “conservative Islamic judges rather than on those trained in civil law could be overly restrictive in its judgments.” Even with “the best of intentions,” the paper says, protecting civic freedom will be difficult in a chaotic and increasingly unsafe nation.” Afghanistan’s constitution cannot be implemented without continuing support from the international community and specifically the United States. “The New York Times” says future elections should be conducted under the guidance of the United Nations – but Washington and its allies must “help provide the political support and military security to [make] elections possible.” The Financial Times call the agreement on an Afghan constitution a “minor triumph. But it points out that a constitution is “only a framework and in the case of Afghanistan hardly self-supporting.
The Frontier Post (Peshawar), 8 January 2004
Analysis: Afghan Constitution a Good Start WASHINGTON, Jan. 8 (UPI) -- The point when the 502 Afghan delegates to the loya jirga, or grand assembly, realized the extent to which things were changing in their country was probably when Malalai Joya, a 25-year-old delegate, stood up and denounced several of those present as criminals who deserved to be tried for crimes against humanity. To Afghans what was remarkable was not just that she had the courage to speak up, one observer said, but those days later she is still alive -- though admittedly under U.N. protection. Joya was referring to warlords who had collaborated with the Taliban regime in exchange for retaining control of their respective territories -- a grip they still retained. That was only one of the many skirmishes, confrontations and arguments that punctured the proceedings as rival interests represented in the assembly came to a head. In the end, a version of the draft submitted to the Loya Jirga on Dec. 14, bristling with some 40 amendments, won approval by acclamation with no vote taken… Brahimi, together with U.S. diplomats, had played a key role in preventing the Loya Jirga from collapsing. But the real challenge for the international community is in making it stick by bringing security to Afghanistan, Sharyar says. "The basis is there in the form of the peacekeeping force in Kabul. It needs to be expanded," he said. "A sense of security will unite the people and work can begin on the reconstruction." Observers said there were signs that the success of the loya jirga had encouraged the Bush administration to focus renewed attention on Afghanistan. It makes a welcome antidote to the setbacks of the Iraq occupation.
9 January 2004
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