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The Constitution of Afghanistan
[MAP OF AFGHANISTAN]
January 3, 2004
IN THE NAME OF GOD, MOST GRACIOUS,
MOST MERCIFUL
THE CONSTITUTION OF AFGHANISTAN
In the name of God, Most Gracious, Most Merciful
Praise be to Allah, the
Cherisher and Sustainer of the Worlds; and Praise and
Peace be upon Mohammad, His last Messenger and his
disciples and followers.
PREAMBLE
We
the people of Afghanistan:
•
Believing firmly in Almighty God, relying on His divine
will and
adhering to the Holy religion of Islam;
•
Realizing the previous injustices, miseries and
innumerable
disasters which have befallen our country;
•
Appreciating the sacrifices, historical struggles, jihad
and just
resistance of all the peoples of Afghanistan, admiring
the supreme
position of the martyr's of the country's freedom;
• Comprehending
that a united, indivisible Afghanistan belongs to
all its tribes and peoples;
• Observing
the United Nations Charter as well as the Universal
Declaration of Human Rights;
And in order to:
Strengthen national unity, safeguard independence,
national
sovereignty and territorial integrity of the country;
Establish an order based on the peoples' will and
democracy;
Form a civil society void of oppression, atrocity,
discrimination as
well as violence, based on rule of law, social justice,
protecting
integrity and human rights, and attaining peoples'
freedoms and
fundamental rights;
Strengthen political, social,
economic as well as defense
institutions;
Attain a prosperous life and sound living environment
for all
inhabitants of this land;
And, eventually, regain Afghanistan's appropriate place
in the
international family;
Have,
herein, approved this constitution in accordance with
the historical, cultural and
social realities
as well as requirements of time through our elected
representatives in the Loya Jirga, dated January 3,
2004, held in the city of Kabul.
Chapter One State
Article One
Afghanistan
shall be an Islamic Republic, independent, unitary and
indivisible state.
Article Two
The sacred religion of Islam is the religion of the
Islamic Republic of Afghanistan. Followers of other
faiths shall be free within the bounds of law in the
exercise and performance of their religious rituals.
Article Three
No law shall
contravene the tenets and provisions of the holy
religion of Islam in
Afghanistan.
Article Four
National
sovereignty in Afghanistan shall belong to the nation,
manifested directly and
through
its elected representatives.
The nation
of Afghanistan is composed of all individuals who
possess the citizenship of
Afghanistan.
The nation
of Afghanistan shall be comprised of Pashtun, Tajik,
Hazara, Uzbek,
Turkman,
Baluch, Pachaie, Nuristani, Aymaq, Arab, Qirghiz,
Qizilbash, Gujur, Brahwui
and
other tribes.
The word Afghan shall apply to every citizen of
Afghanistan.
No
individual of the nation of Afghanistan shall be
deprived of citizenship.
The citizenship and asylum related matters shall be
regulated by law.
Article Five
Implementing the provisions of this constitution and
other laws, defending independence,
national sovereignty, territorial integrity and
attaining the security and defense capability of the
country shall be the fundamental duties of the state.
Article Six
The state shall be obligated to create a prosperous and
progressive society based on social
justice,
preservation of human dignity, protection of human
rights, realization of
democracy,
attainment of national unity as well as equality between
all peoples and tribes and balance development of all
areas of the country.
Article Seven
The state
shall observe the United Nations Charter, inter-state
agreements, as well as
international
treaties to which Afghanistan has joined, and the
Universal Declaration of
Human Rights.
The state
shall prevent all kinds of terrorist activities,
cultivation and smuggling of
narcotics,
and production and use of intoxicants.
Article Eight
The state
shall regulate the foreign policy of the country on the
basis of preserving the
independence,
national interests and territorial integrity as well as
non-interference, good neighborliness, mutual respect
and equality of rights.
Article Nine
Mines and other subterranean resources as well as
historical relics shall be the property of
the
state.
Protection,
management and proper utilization of public properties
as well as natural
resources
shall be regulated by law.
Article Ten
The state
shall encourage, protect as well as ensure the safety of
capital investment and
private
enterprises in accordance with the provisions of the law
and market economy.
Article Eleven
Matters
related to domestic as well as foreign trade shall be
regulated by law in
accordance
with the economic requirements of the country and public
interests.
Article Twelve
Da Afghanistan Bank shall be independent and the central
bank of the state.
Currency
issuance as well as formulating and implementing the
monetary policy of the
country
shall be, according to provisions of the law, the
authority of the central bank.
The central
bank shall consult the economic committee of the House
of People about
printing
of money.
The organization and operation method of Central Bank
shall be regulated by law.
Article Thirteen
The state
shall design and implement effective programs for
developing industries,
expanding
production as well as protecting activities of craftsmen
to raise the standard of
living of the
people.
Article Fourteen
The state,
within its financial means, shall design and implement
effective programs to
develop
agriculture and animal husbandry, improve economic,
social and living
conditions
of farmers, herders and settlers as well as the nomads'
livelihood.
The state
shall adopt necessary measures for provision of housing
and distribution of
public
estates to deserving citizens in accordance with the
provisions of law and within
financial
possibilities.
Article Fifteen
The state shall be obligated to adopt necessary measures
to protect and improve forests as
well
as the living environment.
Article Sixteen
From amongst
Pashto, Dari, Uzbeki, Turkmani, Baluchi, Pachaie,
Nuristani, Pamiri and
other
current languages in the country, Pashto and Dari shall
be the official languages of
the
state.
In areas where the majority of the people speak in any
one of Uzbeki, Turkmani, Pachaie,
Nuristani, Baluchi or Pamiri languages, any of the
aforementioned language, in addition
to
Pashto and Dari, shall be the third official language,
the usage of which shall be
regulated
by law.
The state shall design and apply effective programs to
foster and develop all languages of
Afghanistan.
Usage of all current languages in the country shall be
free in press publications and mass
media.
Academic and
national administrative terminology and usage in the
country shall be
preserved.
Article Seventeen
The state
shall adopt necessary measures to foster education at
all levels, develop
religious
teachings, regulate and improve the conditions of
mosques, religious schools as well as religious centers.
Article Eighteen
The source
for the calendar year of the country shall be based upon
the migration of The
Prophet (PBUH).
The basis for state offices shall be the solar calendar.
Fridays as well as the 28l ofAsadand8l
of Saur shall be public holidays.
Other holidays shall be regulated by law.
Article Nineteen
The flag of
Afghanistan shall be made up of three equal parts, with
black, red and green
colors
juxtaposed from left to right vertically.
The width of every color shall be half of its length,
and at the center of which the national
insignia
shall be located.
The national
insignia of Afghanistan shall be comprised of an emblem
and a pulpit in
white
color—at
the two corners of which are two flags, inscribed in the
top middle the
holy
phrase "There is no God but Allah and Mohammad is his
Prophet, and Allah is Great." This shall be inscribed
and superseded on rays of a rising sun, and in its lower
part,
the year 1919 in the solar calendar, and the word
"Afghanistan" encircled on two
sides
by sheaves of wheat shall be inscribed.
The law shall regulate the use of the flag and insignia.
Article Twenty
The national
anthem of Afghanistan shall be in Pashto with the
mention of "God is
Great" as well as the names of the tribes of
Afghanistan.
Article Twenty-One
The capital of Afghanistan shall be the city of Kabul.
Chapter Two
Fundamental Rights and Duties of Citizens
Article Twenty-Two
Any kind of
discrimination and distinction between citizens of
Afghanistan shall be
forbidden.
The citizens
of Afghanistan, man and woman, have equal rights and
duties before the
law.
Article Twenty-Three
Life is the
gift of God as well as the natural right of human
beings. No one shall be
deprived
of this except by legal provision.
Article Twenty-Four
Liberty is
the natural right of human beings. This right has no
limits unless affecting
others
freedoms as well as the public interest, which shall be
regulated by law.
Liberty and human dignity are inviolable.
The state shall respect and protect liberty as well as
human dignity.
Article Twenty-Five
Innocence is the original state.
The accused
shall be innocent until proven guilty by the order of an
authoritative court.
Article Twenty-Six
Crime is a personal act.
Investigation, arrest and detention of an accused as
well as penalty execution shall notincriminate
another person.
Article Twenty-Seven
No deed
shall be considered a crime unless ruled by a law
promulgated prior to
commitment
of the offense.
No one shall
be pursued, arrested, or detained without due process of
law.
No one shall
be punished without the decision of an authoritative
court taken in
accordance
with the provisions of the law, promulgated prior to
commitment of the
offense.
Article Twenty-Eight
No citizen of Afghanistan accused of a crime shall be
extradited to a foreign state without reciprocal
arrangements as well as international treaties to which
Afghanistan has joined.
No Afghan
shall be deprived of citizenship or sentenced to
domestic or foreign exile.
Article Twenty-Nine
Persecution of human beings shall be forbidden.
No one shall
be allowed to or order torture, even for discovering the
truth from another
individual
who is under investigation, arrest, detention or has
been convicted to be
punished.
Punishment contrary to human dignity shall be
prohibited.
Article Thirty
A statement,
confession or testimony obtained from an accused or of
another individual
by
means of compulsion shall be invalid.
Confession
to a crime is a voluntary admission before an authorized
court by an accused
in
a sound state of mind.
Article Thirty-One
Upon arrest,
or to prove truth, every individual can appoint a
defense attorney.
Immediately upon arrest, the accused shall have the
right to be informed of the nature of the
accusation, and appear before the court within the time
limit specified by law. In criminal cases, the state
shall appoint a defense attorney for the indigent.
Confidentiality of conversations, correspondence, and
communications between the
accused and their
attorney shall be secure from any kind of violation. The
duties and powers of defense attorneys shall be
regulated by law.
Article Thirty-Two
Debt shall not curtail or deprive the freedom of the
individual.
The method and means of recovering debt shall be
regulated by law.
Article Thirty-Three
The citizens of Afghanistan shall have the right to
elect and be elected.
The conditions of exercising this right shall be
regulated by law.
Article Thirty-Four
Freedom of expression shall be inviolable.
Every Afghan
shall have the right to express thoughts through speech,
writing,
illustrations
as well as other means in accordance with provisions of
this constitution.
Every Afghan shall have the right, according to
provisions of law, to print and publish on
subjects
without prior submission to state authorities.
Directives related to the press, radio and television as
well as publications and other mass
media
shall be regulated by law.
Article Thirty-Five
To attain
moral and material goals, the citizens of Afghanistan
shall have the right to
form
associations in accordance with provisions of the law.
The people of Afghanistan shall have the right, in
accordance with provisions of the law,to
form political parties, provided that:
1.
Their manifesto and charter shall not contravene the
Holy religion of Islam
and
principles and values enshrined in this constitution;
2. Their
organizations and financial resources shall be
transparent;
3. They
shall not have military or quasi-military aims and
organizations; and
4. They
shall not be affiliated with foreign political parties
or other sources.
Formation and operation of a party on the basis of
tribalism, parochialism, language, as well as religious
sectarianism shall not be permitted.
A party or association formed according to provisions of
the law shall not be dissolved without legal causes and
the order of an authoritative court.
Article Thirty-Six
The people
of Afghanistan shall have the right to gather and hold
unarmed
demonstrations,
in accordance with the law, for attaining legitimate and
peaceful
purposes.
Article Thirty-Seven
Freedom and
confidentiality of correspondence, as well as
communications of
individuals,
whether in the form of a letter or via telephone,
telegraph, as well as other
means,
shall be secure from intrusion.
The state
shall not have the right to inspect personal
correspondence and
communications,
unless authorized by provisions of the law.
Article Thirty-Eight
Personal residences shall be immune from trespassing.
No one, including the state, shall have the right to
enter a personal residence or search it
without
the owners permission or by order of an authoritative
court, except in situations
and
methods delineated by law.
In case of
an evident crime, the responsible official shall enter
or search a personal
residence
without prior court order. The aforementioned official,
shall, after entrance or
completion
of search, obtain a court order within the time limit
set by law.
Article Thirty-Nine
Every Afghan shall have the right to travel and settle
in any part of the country, except in
areas
forbidden by law.
Every Afghan
shall have the right to travel outside Afghanistan and
return, according to
the
provisions of the law.
The state shall protect the rights of the citizens of
Afghanistan outside the country.
Article Forty
Property shall be safe from violation.
No one shall
be forbidden from owning property and acquiring it,
unless limited by the
provisions
of law.
No one's
property shall be confiscated without the order of the
law and decision of an
authoritative
court.
Acquisition
of private property shall be legally permitted only for
the sake of public
interests,
and in exchange for prior and just compensation.
Search and
disclosure of private property shall be carried out in
accordance with
provisions
of the law.
Article Forty-One
Foreign
individuals shall not have the right to own immovable
property in Afghanistan.
Lease of
immovable property for the purpose of capital investment
shall be permitted in
accordance
with the provisions of the law.
The sale of
estates to diplomatic missions of foreign countries as
well as international
organization's
to which Afghanistan is a member, shall be allowed in
accordance with the
provisions
of the law.
Article Forty-Two
Every Afghan shall pay taxes and duties to the state in
accordance with the provisions of
the
law.
No taxes or duties shall be levied without legal
representation.
Tax rates
and duties as well as the method of payment shall be
determined, with due
respect
to social justice, by law.
This
provision shall also apply to foreign individuals and
organizations.
Every kind
of tax, duty as well as paid incomes shall be deposited
to a single state
account.
Article Forty-Three
Education is the right of all citizens of Afghanistan,
which shall be offered up to the B.A.
level
in the state educational institutes free of charge by
the state.
To expand
balanced education as well as to provide mandatory
intermediate education
throughout
Afghanistan, the state shall design and implement
effective programs and
prepare
the ground for teaching mother tongues in areas where
they are spoken.
Article Forty-Four
The state
shall devise and implement effective programs to create
and foster balanced
education
for women, improve education of nomads as well as
eliminate illiteracy in the
country.
Article Forty-Five
The state
shall devise and implement a unified educational
curricula based on the tenets
of
the sacred religion of Islam, national culture as well
as academic principles, and
develop
religious subjects curricula for schools on the basis of
existing Islamic sects in
Afghanistan.
Article Forty-Six
Establishing
and administering higher, general and specialized
educational institutions
shall
be the duty of the state.
The citizens of Afghanistan shall establish higher,
general and specialized educational as
well
as literacy institutions with permission of the state.
The state
shall permit foreign individuals to establish higher,
general and specialized
institutions
in accordance with the provisions of the law.
Admission
terms to higher educational institutes of the state and
other related matters
shall
be regulated by law.
Article Forty-Seven
The state
shall devise effective programs for fostering knowledge,
culture, literature and
arts.
The state
shall guarantee the copyrights of authors, inventors and
discoverers, and, shallencourage
and protect scientific research in all fields,
publicizing their results for
effective
use in accordance with the provisions of the law.
Article Forty-Eight
Work is the right of every Afghan.
Working hours, paid holidays, employment and employee
rights and related matters shall
be
regulated by the law.
Choice of occupation and craft shall be free within the
bounds of law.
Article Forty-Nine
Forced labor shall be forbidden.
Active participation in times of war, disaster, and
other situations that threaten public life
and
comfort shall be among the national duties of every
Afghan.
Forced labor on children shall not be allowed.
Article Fifty
The state
shall adopt necessary measures to create a healthy
administration and realize
reforms
in the administrative system of the country.
The
administration shall perform its duties with complete
neutrality and in compliance
with
the provisions of the laws.
The citizens
of Afghanistan shall have the right of access to
information from state
departments
in accordance with the provisions of the law. This right
shall have no limit
except
when harming rights of others as well as public
security.
The citizens of Afghanistan shall be recruited by the
state on the basis of ability, without
any
discrimination, according to the provisions of the law.
Article Fifty-One
Any individual suffering damage without due cause from
the administration shall deserve
compensation,
and shall appeal to a court for acquisition.
Except in
conditions stipulated by law, the state shall not,
without the order of an
authoritative
court, claim its rights.
Article Fifty-Two
The state
shall provide free preventative healthcare and treatment
of diseases as well as
medical facilities
to all citizens in accordance with the provisions the
law. Establishment and expansion of private medical
services as well as health centers shall be encouraged
and protected by the state in accordance with the
provisions of the law. The state shall adopt
necessary measures to foster healthy physical education
and development of
the national as well as local sports.
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