Afghanistan

To meet Wikipedia's quality standards, this article or section may require cleanup. See rationale on the talk page, or replace this tag with a more specific message. Editing help is available. This article has been tagged since March 2006. Da Afghanistan Islami Dawlat Dawlate Islamiye Afghanistan Islamic Republic of Afghanistan

Motto: none Anthem: Soroud-e-Melli Kabul {{{latd}}}°30′ N 69°10′ E Kabul Islamic Hamid Karzai Republic

Capital Largest city Government President Independence Area • • Water (%) Population • 2005 • Density GDP • • Per capita HDI (2003) Currency

Official language(s) Pashto, Persian (Dari)

(from UK control over Afghan affairs) 1919 Total 647,500 km² (40th) 250,001 mi² 0 est. 29,928,987 43/km² 111/mi² (38th) (n/a) estimate (105th)

(PPP) 2004 Total $21.5 billion $800 (185th) NA (unranked) – NA Afghani (Af) (AFN)

Time zone (UTC+4:30) • Summer (DST) (UTC+4:30) Internet TLD .af

Calling code

+93

Afghanistan (Pashto/Dari-Persian: ‫ ,افغانستان‬Afğānistān) is a landlocked country at the crossroads of Asia. Generally considered a part of Central Asia, it is sometimes ascribed to a regional bloc in either South Asia or the Middle East, as it has cultural, ethnolinguistic, and geographic links with most of its neighbors. It is bordered by Iran in the west, Pakistan in the south and east, Turkmenistan, Uzbekistan and Tajikistan in the north, and China to the east. It has a population of 30 million people, although this remains an estimate, as no official census has been taken for decades. Afghanistan literally translates to 'land of the Afghans', but a plethora of other names have been applied to its general location in the past. Between the fall of the Taliban after the U.S. invasion of Afghanistan and the 2003 Loya jirga, Afghanistan was referred to by the Government of the United States as the Transitional Islamic State of Afghanistan. Under its new constitution, the country is now officially named the Islamic Republic of Afghanistan. Contents [hide]
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1 Origin and history of the name 2 History 3 Politics 4 Subdivisions 5 Geography 6 Economy o 6.1 Economy References 7 Demographics 8 Constitution 9 Culture 10 Education 11 View of Afghanistan 12 See also 13 Additional references 14 External links o 14.1 Profiles and general information o 14.2 News and directories o 14.3 Organizations
o

14.4 Other

Origin and history of the name

The name of Afghanistan derives from word Afghan. The Pushtuns appear to have begun using the term Afghan as a name for themselves from the Islamic period onwards. According to W.K. Frazier Tyler, M.C. Gillet and several other scholars, "The word Afghan first appears in history in the Hudud-al-Alam in 982 AD." There are numerous views, regarding the origin of name Afghan, most of them being purely speculative as can be seen below: Makhzan-i-Afghni by Nematullah written in 1612 CE, traces the Afghan or Pakhtun origin fromAbraham down to one named King Talut or Saul. It states that Saul had a son Irmia (Jeremia), who had a son called Afghana. Upon the death of King Saul, Afghana was raised by David, and was later promoted to the chief command of the army during the reign of King Solomon. The progeny of this Afghana multiplied numerously, and came to be called Bani-Israel. In the sixth century BCE, Bakhtunnasar, or Nebuchadnezzar king of Babul, attacked Judah and exiled the progeny of Afghana to Ghor located in the center of what is now Afghanistan. In course of time, the exiled community came to be addressed as Afghan after the name of their ancestor, and the country got its name as Afghanistan. This traditional view has some critics who refer to insufficient historical records. Another version of Pushtun legend places Afghana, the professed eponymous ancestor of the Afghans or Pushtuns, as a contemporary of Muslim Prophet Mohammad. On hearing about the new faith of Islam, Qais from Aryana travelled to Medina to see the Muslim Prophet Muhammad, and returned to Aryana as a Muslim. Qais Abdur Rashid purportedly had many sons, one of whom was Afghana. Afghana, in turn, had four sons who set out to the east to establish their separate lineages. The first son went to Swat, the second to Lahore and India, the third to Multan, and the last one to Quetta. This legend is one of many traditional tales amongst the Pashtuns regarding their disparate origins. Again, it was this legendary Afghana who is stated to have given the Pushtuns their current name. It is notable that the Afghan of this legend is separated from the Afghana of Solomon's times by at least 11 centuries. Dr H.W. Bellew, in his book An Enquiry into the Ethnography of Afghanistan, believes that the name Afghan derives from the Latin term Alban, used by Armenians as Alvan or Alwan, which refers to mountaineers, and in the case of transliterated Armenian characters, would be pronounced as Aghvan or Aghwan. To the Persians, this would further be altered to Aoghan, Avghan, and Afghan as a reference to the highlanders or "mountaineers" of the eastern Iranian plateau. Some people hold that the name derives from "Abagan" (i.e without God) which term the Persians are stated to have coined for the Pushtuns to describe them as Godless or nonbelievers. It is claimed that word Abagan is antonym of the word Bagan (=believer in God) just as word apolitical is antonym of political in the English language. There are also a few people who link "Afghan" to an Uzbek word "Avagan" said to mean "original". Still others believe that the name derives from Sanskrit upa-ganah, said to mean "allied tribes".

Another etymological view is that the name Afghan evidently derives from Sanskrit Ashvaka or Ashvakan (q.v), the Assakenoi of Arrian. This view was propounded by J. W. McCrindle and is supported by numerous modern scholars (including C. Lassen, S. Martin, Bishop, Crooks, W. Crooke, J. C. Vidyalnar, M. R. Singh, P. Smith, N. L. Dey, Dr J. L. Kamboj, S. Kirpal Singh and several others). In Sanskrit, word ashva (Iranian aspa, Prakrit assa) means "horse", and ashvaka (Prakrit assaka) means "horseman". PreChristian times knew the people of eastern Afghanistan as Ashvakas (horsemen), since they raised a fine breed of horses and had a reputation for providing expert cavalrymen. The fifth-century-BCE Indian grammarian Panini calls them Ashvayana and Ashvakayana. Classical writers use the respective equivalents Aspasios (or Aspasii, Hippasii) and Assakenois (or Assaceni/Assacani, Asscenus). The Aspasios/Assakenois (= Ashvakas = cavalrymen) is stated to be another name for the Kambojas because of their equestrian characteristics (see List of country name etymologies). The last part of the name Afghanistan originates from the Persian word stān (country or land). The English word Afghanland that appeared in various treaties between QajarPersia and the United Kingdom dealing with the Eastern lands of the Persian kingdom (modern Afghanistan) was adopted by the Afghans and became Afghanistan. Before being called 'Afghanistan', the region had gone through several name changes in its long history of around 5000 years. One of the most ancient names, according to historians and scholars, was Ariana - the Greek pronunciation of the ancient Avestan Aryanam Vaeja or the Sanskrit "Aryavarta", Land of the Aryans. Today this Old-Persian, and Avestan expression is preserved in the name Iran and it is noted in the name of the Afghan national airline, Ariana Airlines. The term 'Ariana Afghanistan' is still popular amongst Persian speakers in the country. Many centuries later, Afghanistan was part of Greater Khorasan, and hence was recognized with the name Khorasan (along with regions centered around Merv and Neishabur), which in Pahlavi means "The Eastern Land" (‫ خییاور زمییین‬in Persian). (Dehkhoda, p8457) The ancient name of Afghanistan: During the time of great epic 'Mahaabhaarat' the name of today's Afghanistan was 'Gaanthaar desh'. Queen Gaanthaari was a princess of 'Gaanthaar desh'. History Afghanistan exists at a unique nexus-point where numerous Eurasian civilizations have interacted and often fought and was an important site of early historical activity. Through the ages, the region today known as Afghanistan has been invaded by a host of peoples, including the Aryans: the Medes, and Persians (the Achaemenids and later Sassanians ). It was also invaded by the Greeks, Mauryans, Kushans, Arabs, Turks, British, and Soviets. But rarely have these groups managed to exert complete control over the region. On other occasions, native Afghan entities have invaded surrounding regions to form empires of their own.

Buddhas of Bamiyan, dating back to 1st century pre-Islamic Afghanistan, were the largest Buddha statues in the world. They were destroyed by the Taliban in 2001 calling them "Un-Islamic". Photo by Hadi Zaheer Between 2000 and 1200 BCE, waves of Indo-European-speaking Aryans are thought to have flooded into modern-day Afghanistan, setting up a nation that became known as Aryānām Xšaθra, or "Land of the Aryans." Zoroastrianism is speculated to have possibly originated in Afghanistan between 1800 to 800 BCE. Ancient Eastern Iranian languages such as Avestan may have been spoken in Afghanistan around a similar time-line with the rise of Zoroastrianism. Around 1000 BCE (or earlier), the Indo-Aryan Vedic civilization may have arisen near the vicinity of the Kabul valley of eastern Afghanistan, but this remains speculative as more viable theories based upon archaeological finds tend to support the emergence of the Vedic civilization east of the Indus and/or Ganges in what is today Pakistan and India. By the middle of the 6th century BCE, the Persian Empire supplanted the Medes and incorporated Aryana within its boundaries; and by 330 BCE, Alexander the Great had invaded the region. Following Alexander's brief occupation, the Hellenic successor states of the Seleucids and Bactrians controlled the area, while the Mauryans from India annexed the southeast for a time and introduced Buddhism to the region until the area returned to the Bactrian rule. During the 1st century CE, the Kushans, a Tocharian people from Central Asia with IndoEuropean origins, occupied the region. Thereafter, Aryana fell to a number of Eurasian tribes — including Parthians, Scythians, and Huns, as well as the Sassanian Persians and local rulers such as the Hindu Shahis in Kabul — until the 7th century CE, when Muslim Arab armies invaded the region. The Arabs initially annexed parts of western Afghanistan in 652 and then conquered most of the rest of Afghanistan between 706-709 CE and administered the region as Khorasan, and over time much of the local population converted to Islam, but retained their Iranian languages. Afghanistan became the center of various important empires, including the Ghaznavid Empire (962-1151), founded by a local Turkic ruler from Ghazni named Yamin ul-Dawlah Mahmud, that expanded its suzerainty over a vast area from Kurdistan to northern India. This empire was replaced by the Ghorid Empire (1151-1219), founded by another local ruler, this time of Tajik extraction, Muhammad Ghori, whose domains included huge parts of Central and South Asia, and laid the foundations for the Delhi Sultanate in India. In 1219, the region was overrun by the Mongols under Genghis Khan, who devastated the land. Their rule continued with the Ilkhanates, and was extended further following the invasion of Tamerlane (Timur Leng), a ruler from Central Asia. By 1400, all of Afghanistan came under his dominion, and he also laid the foundation of another Islamic empire in India, the Mughal Empire. The Uzbek-born Babur, a descendant of both Tamerlane and Genghis Khan, established an empire with its capital at Kabul by 1504, and then expanded into South Asia in 1525 and established the Mughal Empire's rule throughout much of what is today Pakistan and northern India by 1527. As the empire shifted eastward, the Safavids of Persia challenged Mughal rule while the two

superpower empires of the day battled over the fate of Afghanistan for decades with the Persians acquiring the area by the mid-17th century. Local Ghilzai Pashtun tribesmen, lead by Khan Nashir, successfully overthrew Safavid rule, and under the Hotaki dynasty, briefly controlled all or parts of Persia itself from 1722 to 1736. Following a brief period under the rule (1736-1747) of the Turko-Iranian conqueror Nadir Shah, one of his high-ranking military officers, Ahmad Shah Abdali, himself a Pashtun tribesman of the Abdali clan, called for a loya jirga following Nadir Shah's assassination (for which many implicate Abdali) in 1747. The Afghans/Pashtuns came together at Kandahar in 1747 and chose Ahmad Shah, who changed his last name to Durrani (meaning 'pearl of pearls' in Persian), to be king. The Afghanistan nation-state as it is known today came into existence in 1747 as the Durrani Empire, and expanded outward from traditional Pashtun territories to include all of what is today Afghanistan, a portion of Mashad in Iran, and all of Pakistan and Kashmir as well. The Durrani Empire lasted for nearly a century until internecine conflict and wars with the Persians and Sikhs diminished their empire by the early 19th century. However, the current borders of Afghanistan would not be determined until the coming of the British. [[Image:Durani.gif| right|thumb|300px| During the 19th century, following the Anglo-Afghan wars (fought in 1839-1842, 18781880, and lastly in 1919), Afghanistan saw much of its territory and autonomy ceded to the United Kingdom. The United Kingdom exercised a great deal of influence, and it was not until King Amanullah acceded to the throne in 1919 (see "The Great Game") that Afghanistan regained complete independence. During the period of British intervention in Afghanistan, ethnic Pashtun territories were divided by the Durand Line, and this would lead to strained relations between Afghanistan and British India, and later the new state of Pakistan, over what came to be known as the Pashtunistan debate. The historical rulers of Afghanistan were part of the Abdali tribe of the ethnic Afghans, whose name was changed to Durrani upon the accession of Ahmad Shah. They belonged to the Saddozay segment of the Popalzay clan, or to the Mohammadzay segment of the Barakzay clan, of the ethnic Afghans. The Mohammadzay frequently furnished the Sadozay kings with top counselors, who served occasionally as regents, and identified with the name Mohammadzay. Since 1900, eleven monarchs and rulers have been unseated through undemocratic means: in 1919 (assassination), 1929 (abdication), 1929 (execution), 1933 (assassination), 1973 (deposition), 1978 (execution), 1979 (execution), 1979 (execution), 1987 (removal), 1992 (overthrow), 1996 (overthrow) and 2001 (overthrow). The longest period of stability in Afghanistan was between 1933 and 1973, when the country was under the rule of King Zahir Shah. However, in 1973, Zahir's brother-in-law, Sardar Mohammed Daoud launched a bloodless coup. Daoud and his entire family were murdered in 1978 when the communist People's Democratic Party of Afghanistan launched a coup known as the Great Saur Revolution and took over the government.

Opposition against, and conflict within, the series of communist governments that followed, was considerable. As part of a Cold War strategy, the US government began to covertly fund and train anti-government Mujahideen forces through the Pakistani secret service agency known as Inter Services Intelligence or ISI, which were derived from discontented Muslims in the country who opposed the official atheism of the Marxist regime, in 1978. In order to bolster the local Communist forces the Soviet Union - citing the 1978 Treaty of Friendship, Cooperation and Good Neighborliness that had been signed between the two countries in 1978 - intervened on December 24, 1979. The Soviet occupation resulted in a mass exodus of over 5 million Afghans who moved into refugee camps in neighboring Pakistan and Iran. More than 3 million alone settled in Pakistan. Faced with mounting international pressure and the loss of approximately 15,000 Soviet soldiers as a result of Mujahideen opposition forces trained by the United States, Pakistan, and other foreign governments, the Soviets withdrew ten years later, in 1989. For more details, see Soviet war in Afghanistan. The Soviet withdrawal was seen as an ideological victory in the US, which ostensibly had backed the Mujahideen in order to counter Soviet influence in the vicinity of the oil-rich Persian Gulf. Following the removal of the Soviet forces in 1989, the US and its allies lost interest in Afghanistan and did little to help rebuild the war-ravaged country. The USSR continued to support the regime of Dr. Najubullah (formerly the head of the secret service, Khad) until its downfall in 1992. However, the absence of the Soviet forces resulted in the downfall of the government as it steadily lost ground to the guerrilla forces. [1] As the vast majority of the elites and intellectuals had either been systematically eliminated by the Communists, or escaped to take refuge abroad, a dangerous leadership vacuum came into existence. Fighting continued among the various Mujahidin factions, eventually giving rise to a state of warlordism. The chaos and corruption that dominated post-Soviet Afghanistan in turn spawned the rise of the Taliban in response to the growing chaos. The most serious fighting during this growing civil conflict occurred in 1994, when 10,000 people were killed during factional fighting in Kabul. Exploiting the chaotic situation in Afghanistan, a few regional bedfellows including fundamentalist Afghans trained in refugee camps in western Pakistan, the Pakistani secret intelligence service (ISI), the regional Mafia (well-established network that smuggled mainly Japanese electronics and tyres before the Russian invasion, now involved in drug smuggling) and Arab extremist groups (that were looking for a safe operational hub) joined forces and helped to create the Taliban movement (Rashid 2000).[2] Backed by Pakistan, Saudi Arabia and other strategic allies, the Taliban developed as a politicoreligious force, and eventually seized power in 1996. The Taliban were able to capture 90% of the country, aside from the Afghan Northern Alliance strongholds primarily found in the northeast in the Panjshir Valley. The Taliban sought to impose a strict interpretation of Islamic Sharia law and gave safe haven and assistance to individuals and organizations that were implicated as terrorists, most notably Osama bin Laden's AlQaeda network.

The United States and allied military action in support of the opposition following the September 11, 2001 Terrorist Attacks forced the Taliban's downfall. In late 2001, major leaders from the Afghan opposition groups and diaspora met in Bonn, and agreed on a plan for the formulation of a new government structure that resulted in the inauguration of Hamid Karzai as Chairman of the Afghan Interim Authority (AIA) on December 2001. After a nationwide Loya Jirga in 2002, Karzai was elected President. On March 3 and March 25, 2002, a series of earthquakes struck Afghanistan, with a loss of thousands of homes and over 1800 lives. Over 4000 more people were injured. The earthquakes occurred at Samangan Province (March 3) and Baghlan Province (March 25). The latter was the worse of the two, and caused most of the casualties. International authorities assisted the Afghan government in dealing with the situation. As the country continues to rebuild and recover, as of late 2005, it was still struggling against widespread poverty, continued warlordism, a virtually non-existent infrastructure, possibly the largest concentration of land mines on earth and other unexploded ordinance, as well as a sizable illegal poppy and heroin trade. Afghanistan also remains subject to occasionally violent political jockeying, and the nation's first elections were successfully held in 2004 as women parliamentarians were selected in record numbers. Parliamentary elections in 2005 helped to further stabilize the country politically, in spite of the numerous problems it faced, including inadequate international assistance. The country continues to grapple with occasional acts of violence from a few remaining al-Qaeda and Taliban and the instability caused by warlords. The present international forces present in Afghanistan are the United Nations' International Security Assistance Force (ISAF) and the US Enduring Freedom. Politics Afghanistan is currently led by president Hamid Karzai, who was elected in October of 2004. Before the election, Karzai led the country after having been hand-picked by the administration of United States' President Bush to head an interim government, after the fall of the Taliban. His current cabinet includes members of the Afghan Northern Alliance, and a mix from other regional and ethnic groups formed from the transitional government by the Loya jirga (grand council). Former monarch Mohammed Zahir Shah returned to the country, but was not reinstated as king, and only exercises limited ceremonial powers. Under the Bonn Agreement the Afghan Constitution Commission was established to consult with the public and formulate a draft constitution. The meeting of a constitutional loya jirga was held in December 2003, when a new constitution was adopted creating a presidential form of government with a bicameral legislature. Troops and intelligence agencies from the United States and a number of other countries are present, some to keep the peace, others assigned to hunt for remnants of the Taliban and al Qaeda. A United Nations peacekeeping force called the International Security

Assistance Force has been operating in Kabul since December 2001. NATO took control of this Force on August 11, 2003. Some of the country remains under the control of warlords. [3] On March 27, 2003, Afghan deputy defense minister and powerful warlord General Abdul Rashid Dostum created an office for the North Zone of Afghanistan and appointed officials to it, defying then-interim president Hamid Karzai's orders that there be no zones in Afghanistan. Eurocorps took over the responsibility for the NATO-led ISAF in Kabul August 9, 2004. National elections were held on October 9, 2004. Over 10 million Afghans were registered to vote. Most of the 17 candidates opposing Karzai boycotted the election, charging fraud; [4] an independent commission found evidence of fraud, but ruled that it did not affect the outcome of the poll. Karzai won 55.4% of the vote. [5] He was inaugurated as president on December 7. It was the country's first national election since 1969, when parliamentary elections were last held. On September 18, 2005, parliamentary elections were held; the parliament opened on the following December 19. On December 20 Karzai's close ally and president of the first mujahideen government, Sibghatullah Mojadeddi, was picked to head the 102-seat upper house. On December 21, Yunus Qanuni, Afghan opposition leader and Karzai's main opponent was chosen to lead the 249-seat lower house of parliament with 122 votes against 117 for his closest challenger. Subdivisions Afghanistan is divided into 34 provinces (velayat) which are further divided into districts. Main article: Provinces of Afghanistan Main article: Districts of Afghanistan The 34 provinces are:
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1 Badakhshan 2 Badghis 3 Baghlan 4 Balkh 5 Bamiyan 6 Daikondi 7 Farah 8 Faryab 9 Ghazni 10 Ghowr 11 Helmand

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12 Herat 13 Jowzjan 14 Kabul 15 Kandahar 16 Kapisa 17 Khost 18 Konar 19 Kunduz 20 Laghman 21 Lowgar 22 Nangarhar

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23 Nimruz 24 Nurestan 25 Oruzgan 26 Paktia 27 Paktika 28 Panjshir 29 Parvan 30 Samangan 31 Sar-e Pol 32 Takhar 33 Vardak 34 Zabol

Geography

Afghanistan is a land-locked mountainous country, with plains in the north and southwest. The highest point, at 7485 m (24,557 ft) above sea level, is Nowshak. Large parts of the country are dry, and fresh water supplies are limited. Afghanistan has a continental climate, with hot summers and cold winters. The country is frequently subject to earthquakes. The major cities of Afghanistan are its capital Kabul, Herat, Jalalabad, Mazar-e Sharif and Kandahar. Economy Afghanistan is an extremely impoverished country, being one of the world's poorest and least developed countries. Two-thirds of the population lives on less than US$2 a day. The economy has suffered greatly from the recent political and military unrest since the 1979-80 Soviet invasion and subsequent conflicts, while severe drought added to the nation's difficulties in 1998-2001. About 70 percent of the population is under 30, according to Asian Development Bank. The total fertility rate is 6.8, the highest in South Asia (with a regional average at 3.3), but so are mortality rates. Infant mortality rate is 163 per 1,000 births, the second-highest in the world.[6] The economically active population in 2002 was about 11 million (out of a total of an estimated 29 million). While there are no official unemployment rate estimates available, it is evident that it is high. The number of non-skilled young people is estimated at 3 million, which is likely to increase by some 300,000 per annum. (Fujimura, 2004a). [7] The country's natural resources include copper, zinc and iron ore in central areas; precious and semi-precious stones such as lapis, emerald and azure in the north-east and east; and (unproved) oil and gas reserves in the north. However, "its significant mineral resources remain largely untapped because of the Afghan War of the 1980s and subsequent fighting" (Encyclopaedia Britannica, 2005). As much as one-third of Afghanistan's GDP comes poppy growing and illicit drugs including opium and its derivatives, morphine, heroin, and hashish. [8] On a positive note, international efforts to rebuild Afghanistan led to the formation of the Afghan Interim Authority (AIA) as a result of the December 2001 Bonn Agreement, and later addressed at the Tokyo Donors Conference for Afghan Reconstruction in January 2002, where $4.5 billion was committed in a trust fund to be administered by the World Bank Group. Priority areas for reconstruction include the rebuilding of education system, health, and sanitation facilities, enhancement of administrative capacity, the development of the agricultural sector, and the rebuilding of road, energy, and telecommunication links.

According to a 2004 report by the Asian Development Bank, the present reconstruction effort is two-pronged: first it focuses on rebuilding critical physical infrastructure, and second, on building modern public sector institutions from the remnants of Soviet style planning to ones that promote market-led development (Fujimura, 2004b). But macroeconomic planning and management at present is hampered by poor information, weak service delivery systems, and less than adequate law enforcement. The country has been going through economic recovery since the Taliban were overthrown in October 2001. However, estimating Afghanistan's economy is problematic as it is impossible to gather reliable statistics while it is going through a significant change period in all fronts, with the added problem of less than ideal security situation. The best estimate that can be relied upon is that of the Central Statistical Office in 2003, from which the CIA Factbook seems to have drawn some data. Accordingly, the country's estimated gross domestic product (GDP) was $21.5 billion in 2003, a 28.6% growth over 2002 (CIA Factbook 2003) [9] Among the 232 listed countries in the CIA Factbook, Afghanistan ranks 108th in terms of GDP, which means per capita income of $800. A brief comparison shows that Afghanistan is the poorest country among its neighbors. Pakistan, with a GDP of $385 billion in 2005 had a per capita purchasing power of $2200 and Iran with its $517 billion had $7700. In the north, Turkmenistan had a GDP of $27.6 billion and a per capita income of $5700, Uzbekistan with its $48 billion had $1800, and Tajikistan despite a low GDP of only $8 billion had a per capita income of $1100 per head. The World Bank estimates that Afghanistan will remain in need of external financial help before it can stand on its own feet economically. Ironically, Afghanistan's GDP ranks approximately at the same level as Jordan ($25.5bn) and oil-rich Qatar ($19.5bn). However, considering that those Arab states have smaller populations, Jordan per capita income amounts to $4500 and Qatar's to $23,200. One of the main drivers for the current economic recovery is the return of over two million refugees from neighbouring countries and the West, who brought with them fresh energy, entrepreneurship and wealth-creating skills as well as much needed capital to start up small businesses. What is also helping is the estimated $2-3 billion in international assistance, the partial recovery of the agricultural sector, and the reestablishment of market institutions. While the country's current account deficit is largely financed with the "donor money", only a small portion - about 15% - is provided directly to the government budget. The rest is provided to non-budgetary expenditure and donor-designated projects through the UN system and NGOs. It needs to be mentioned that there are some (as yet unconfirmed) claims that most of this money is spent on the expenses of the UN and other nongovernmental organizations as well as being funneled into illegitimate activities. The government had a central budget of only $350 million in 2003 and an estimated $550 million in 2004. The country's foreign exchange reserves totals about $500 million.

Revenue is mostly generated through customs, as income and corporate tax bases are negligible. Inflation had been a major problem until 2002. However, the depreciation of the afghani in 2002 after the introduction of the new notes (which replaced 1,000 old afghani by 1 new afghani) coupled with the relative stability compared to previous periods has helped prices to stabilize and even decrease between December 2002 and February 2003, reflecting the turnaround appreciation of the new Afghani currency. Since then, the index has indicated stability, with a moderate increase toward late 2003 (Fujimura, 2004c). The Afghan government and international donors seem to remain committed to improving access to basic necessities, infrastructure development, education, housing and economic reform. The central government is also focusing on improved revenue collection and public sector expenditure discipline. The rebuilding of the financial sector seems to have been so far successful. Money can now be transferred in and out of the country via official banking channels and according to accepted international norms. A new law on private investment provides 3-7 year tax holidays to eligible companies and a 4-year exemption from exports tariffs and duties. While these improvements will help rebuild a strong basis for the nation in the future, for now, the majority of the population continues to suffer from insufficient food, clothing, housing, medical care, and other problems exacerbated by military operations and political uncertainties. The government is not strong enough to collect customs duties from all the provinces due to the power of the warlords. Fraud is widespread and “corruption is rife within all Afghan government organs, and central authority is barely felt in the lawless south and south-west” (The Economist, 2005). [10] Expanding poppy cultivation and a growing opium trade is another huge problem for the country. The CIA estimates that one-third of the country's GDP comes from opium export, although the Asian Development Bank states a lower figure, namely $2.5 billion (12% of the GDP). At any rate, this is not only one of Kabul's most serious policy and law-enforcement challenges[11], but also one of the world's most serious problems. The problem began with the Soviet invasion in 1979-80. As the government began to lose control of provinces, "warlordism" flourished and with it opium production as regional commanders searched for ways to generate money to purchase weapons, according to the UN. [12] (At this time the West was pursuing an "arms-length" supporting strategy of the Afghan freedom-fighters or Mujahidin, the main purpose being to cripple the USSR slowly into withdrawal rather than a quick and decisive overthrow). When the West abandoned Afghanistan after its perceived victory over the Soviet Union as the Red Army was forced to withdraw in 1989, a power vacuum was created. Various Mujahidin factions started fighting against each other for power. With the discontinuation of Western support, they resorted ever more to poppy cultivation to finance their military existence.

The regional mafia, who were looking for a safe operational hub, joined forces with the more fanatic sections of the Mujahidin supported by Arab extremists like Osama bin Laden as well as the Pakistani secret intelligence service ISI to form the Taliban movement towards the end of 1994 (Rashid, 2000); [13] see also BBC report here [14]. The Taliban, having taken control of 90% of the country, actively encouraged poppy cultivation. With this, they not only fulfilled their promises and obligations to their partners - the regional mafia - but also increased their own desperately needed income through taxes. According to the above UN source, Afghanistan saw a bumper opium crop of 4,600 million tonnes in 1999, which was the height of the Taliban rule in Afghanistan. When they came under extreme international diplomatic pressure in 2002, they initiated a ban on poppy cultivation. Following the US-led coalition war that led to the defeat of the Taliban in November 2001 which essentially collapsed the economy, the relatively few other sources of revenue forced many of the country's farmers to resort back to growing cash crops for export. A notable example of such a crop is the opium poppy (1,300 km² in 2004 according to the United Nations Office on Drugs and Crime), the cultivation of which has largely increased during the last decade: Afghanistan has become the first illicit opium producer in the world, before Burma (Myanmar), part of the so-called "Golden Triangle". The main obstacle to eradicating poppy cultivation in Afghanistan is the US forces' need for the warlords and their forces in hunting terrorists. The warlords are the major culprits in poppy cultivation, but are also highly useful to the US forces in scouting, providing local intelligence, keeping their own territories clean from Al-Qaeda and Taliban insurgents, and even taking part in military operations - all for money. This also contributes to the lack of central government's real authority in provinces and discourages farmers from growing grain and fruit as they did for centuries previously. In short, the Afghan economy is currently (December 2005) going through a hefty change period. On the one hand, there are encouraging signs of positive development and increasing wealth creation and management. But on the other hand, the security situation, the lingering war against terrorism and the opium problem have created tall barriers for Afghanistan to rejoin the international community in prosperity and economic development. Economy References - Fujimura, Manabu (2004) "Afghan Economy After the Election", Asian Development Bank Institute - CIA Factbook (2003), Afghanistan Section - The Economist magazine, UK, October 2005 - UN Office for the Coordination of Human Affairs website

- Rashid, Ahmed (2000) "Taliban - Militant Islam, Oil and Fundamentalism in Central Asia", Yale University Press - The BBC Demographics Main article: Demographics of Afghanistan The population of Afghanistan is divided into a wide variety of ethnic groups largely composed of Iranian and Turkic peoples. Because a systematic census has not been held in the country in decades, exact figures about the size and composition of the various ethnic groups are not available.[15] Therefore most figures are approximations only. According to the CIA World FactBook (updated on 17 May 2005), an approximate ethnic group distribution is as follows: Pashtun 38%, Tajik 25%,, Hazara 22%, Uzbek 11%, Aimak 5%, Turkmen 3%, Baloch 2%, other 4% including sikhs.[16] The CIA factbook on languages in Afghanistan refers to the official languages of Afghanistan as being Persian although it is known in Afghanistan as Dari because it is different from Persian (local name: Dari) 50% and Pashtu 35%. Other languages include Turkic languages (primarily Uzbek and Turkmen) 11%, 30 minor languages (primarily Balochi and Pashai) 4%. Bilingualism is common. Religiously, Afghans are overwhelmingly Muslim (approximately 80% Sunni and 19% Shi'a). There are also small Hindu and Sikh minorities. Afghanistan was once home to a many-centuries-old Jewish minority, numbering approximately 5,000 in 1948. Most Jewish families fled the country after the 1979 Soviet invasion, and only one individual remains today, Zablon Simintov. [17] With the fall of the Taliban a number of Sikhs have returned to the Ghazni, Nangarhar, Kandahar and Kabul Provinces of Afghanistan. Constitution Main article: Constitution of Afghanistan According to the 2004 constitution of Afghanistan, Afghanistan is run by a president, who is elected by direct popular vote to a five-year term. The president may only serve two terms. A candidate for president must be at least forty years of age, a Muslim, and a citizen of Afghanistan. The country has two vice-presidents. The president serves as head of state and government, and is commander-in-chief of the armed forces. The president makes appointments for his cabinet, as well as posts in the military, police force, and provincial governorships, with the approval of parliament. The legislative body of Afghanistan is a parliament consisting of two houses: the Wolesi Jirga (House of the People) and the Meshrano Jirga (House of Elders). The Wolesi Jirga

consists of up to 250 members elected to five-year terms through direct elections in proportion to the population of each province. At least two women must be elected from each province. In the Meshrano Jirga, one-third of the members are elected by provincial councils for four years, one-third are elected by district councils of each province for three years, and one-third are appointed by the president for five years, of whom half must be women. The judicial system of Afghanistan consists of the Stera Mahkama (Supreme Court), appeals courts, and lower district courts designated by law. The Stera Mahkama is made up of nine judges appointed by the president, with the approval of parliament, to a tenyear term. Judges must be at least forty years of age, not belong to a political party, and have a degree in law or Islamic jurisprudence. The Stera Mahkama can judge the constitutionality of all laws in the country. Culture Afghans display pride in their country, ancestry, military prowess, and above all, their independence. Like other highlanders, Afghans are regarded with mingled apprehension and condescension, for their high regard for personal honor, for their clan loyalty and for their readiness to carry and use arms to settle disputes. (Heathcote, 2003). As clan warfare / internecine feuding has been one of their chief occupations since time immemorial, this individualistic trait has made it difficult for foreign invaders to hold the region. Afghanistan has a complex history that has survived either in its current cultures or in the form of various languages and monuments. However, many of the country's historic monuments have been damaged in recent wars. The two famous statues of Buddha in the Bamiyan Province were destroyed by the Taliban, who regarded them as idolatrous. Other famous sites include the very cities of Herat, Ghazni and Balkh. The Minaret of Jam, in the Hari Rud valley, is a UNESCO World Heritage site. The people of Afghanistan are prominent horsemen as the national sport is Buzkashi. Afghan hounds (a type of running dogs) also originated in Afghanistan. Although literacy levels are very low, classic Persian poetry plays a very important role in Afghan culture. Poetry has always been one of the major educational pillars in both Iran and Afghanistan, to the level that it has integrated itself into culture. Private poetry competition events known as “musha’era” are quite common even among ordinary people. Almost every home owns one or more poetry collection of some sort, even if it is not read often. The Afghan dialect of the Persian language Dari derives from "Farsee-e Darbari", meaning 'Persian of the royal courts'. It is regarded by some scholars as the more original version of the language. Iran, having a larger population, a stronger economy and closer ties to the rest of the world has developed its language further in the course of history.

Afghanistan took a more conservative approach mainly due to lack of resources. As a result, Dari has not changed much over the last few centuries. Many of the famous Persian language poets of 10th to 15th centuries stem from what is now known as Afghanistan. They were mostly also scholars in many disciplines like languages, natural sciences, medicine, religion and astronomy. Examples are Mawlvi Balkhi (Rumi), born and educated in the Balkh province in the 13th century and moved to today’s Istanbul, Sanaayi Ghaznavi (12th century, native of Ghazni provice), Jami Heravi (15th century, native of Jam-e-Herat in western Afghanistan), Nizam ud-Din Ali Sher Heravi Nava'i, (15th century, Herat province). Also, some of the contemporary Persian language poets and writers, who are relatively well-know in both Iran and Afghanistan includes Ustad Behtab, Khalilullah Khalili [18], Sufi Ghulam Nabi Ashqari [19], Parwin Pazwak and others. In addition to poets, the region of Afghanistan produced numerous scientists as well including Avicenna (Ibn Sina Balkhi) who hailed from Balkh. Avicenna, who travelled to Isfahan later in life to establish a medical school there, is known by some scholars as "the father of modern medicine". George Sarton called Ibn Sina "the most famous scientist of Islam and one of the most famous of all races, places, and times." His most famous works are The Book of Healing and The Canon of Medicine, also known as the Qanun. Avicenna's story even found way to the contemporary English literature through Noah Gordon's The Physician [20], now published in many languages. Before the Taliban gained power, the city of Kabul was home to many musicians who were masters of both traditional and modern Afghan music, especially during the Naurozcelebration. Kabul in the middle part of the 20th century has been likened to Vienna during the 18th and 19th centuries. The tribal system, which orders the life of most people outside metropolitan areas, is certainly as potent in political terms as the national state system of Europe 1914. Men feel a fierce loyalty to their own tribe, such that, if called upon, assemble in arms under the tribal chiefs and local clan leaders (Khans) in the same way that men throughout Europe "flocked to the colours" in 1914, forming up in regional divisions and battalions under the command of the local nobility and gentry. In theory, under Islamic law, every believer has an obligation to bear arms at the ruler's call (Ulul-Amr), but this was no more needed than was enforced conscription to fill the ranks of the British Army in 1914. The Afghan shepherd or peasant went to war for much the same mixture of reasons as the more "civilised" European clerk or factory worker - a desire for adventure, a desire not to be left out or lose esteem in the eyes of his fellows, a contempt for invading foreigners, revenge against those that ruined his family life or threatened his faith, perhaps even the chance of extra cash or enhanced personal prospects. The tribal system is not something particularly backward or warlike. It is simply the best way of organizing large groups of people in a country that is geographically difficult, and in a society that has an uncomplicated lifestyle - from a materialistic point of view (Heathcote, 2003).

Reference: Heathcote, Tony (1980, 2003) "The Afghan Wars 1839 - 1919", Sellmount Staplehurst Education Main article: Education in Afghanistan In the spring of 2003, it was estimated that 30% of Afghanistan's 7,000 schools had been seriously damaged during more than two decades of civil war. Only half of the schools were reported to have clean water, while fewer than an estimated 40% had adequate sanitation. Education for boys was not a priority during the Taliban regime, and girls were banished from schools outright. In regards to the poverty and violence of their surroundings, a study in 2002 by the Save the Children aid group said Afghan children were resilient and courageous. The study credited the strong institutions of family and community. Up to four million Afghan children, possibly the largest number ever, are believed to have enrolled for class for the school year beginning in March of 2003. Education is available for both girls and boys. Literacy of the entire population is estimated at 36%, Male Literacy rate is 51% and female literacy is 21%. The male literacy rate is higher because previous Taliban laws prohibited the education of women. Higher Education - The American University of Afghanistan Another aspect of education that is rapidly changing in Afghanistan is the face of Higher Education. In 2006 the American University of Afghanistan will open its doors, with support from USAID and other donors. With the aim of providing a world-class, Englishlanguage, co-educational learning environment in Afghanistan, the university will take students from Afghanistan and the region. Additional references
• • •

Ghobar, Mit Gholam Mohammad. Afghanistan in the Cource of History, 1999, All Prints Inc. Griffiths, John C. 1981. Afghanistan: A History of Conflict. André Deutsch, London. Updated edition, 2001. Andre Deutsch Ltd, 2002, ISBN 0233050531. Levi, Peter. 1972. The Light Garden of the Angel King: Journeys in Afghanistan. Collins, 1972, ISBN 0002110423. Bobbs-Merrill Company, 1973, Indianapolis/New York, ISBN 0672512521. Moorcroft, William and Trebeck, George. 1841. Travels in the Himalayan Provinces of Hindustan and the Panjab; in Ladakh and Kashmir, in Peshawar,

• • • •

Kabul, Kunduz, and Bokhara... from 1819 to 1825, Vol. II. Reprint: New Delhi, Sagar Publications, 1971. Oxford University Press, 1979, ISBN 0195771990. Rashid, Ahmed (2000) "Taliban - Militant Islam, Oil and Fundamentalism in Central Asia", Yale University Press Caroe, Olaf. 1958. The Pathans (about the ethnic origin of Afghans). Toynbee, Arnold J. 1961. Between Oxus and Jumna. Oxford University Press, London. ISBN B0006DBR44. Wood, John. 1872. A Journey to the Source of the River Oxus. New Edition, edited by his son, with an essay on the "Geography of the Valley of the Oxus" by Henry Yule. John Murray, London. Gregg Division McGraw-Hill, 1971, ISBN 0576033227. Heathcote, T.A. The Afghan Wars 1839-1999, 1980,2003, Spellmount Staplehurst.

The In the Contents Preamble Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter In

Constitution Name of

of God,

Afghanistan the

Year Merciful, the

1382

(2004)

Compassionate

one two three four five six seven eight nine ten eleven twelve the name of The

Fundamental

The State (21 Rights and Duties of Citizens (37 The President (11 The Government (10 The National Assembly (29 The Loya Jirga (6 The Judiciary (20 The Administrative Division (7 The State of Emergency (6 Amendments (2 The Miscellaneous Provisions (5 The Transitional Provisions (4 God, the Merciful, the

Articles) Articles) Articles) Articles) Articles) Articles) Articles) Articles) Articles) Articles) Articles) Articles)

Compassionate

Preamble We the people of Afghanistan:1. With firm faith in God Almighty and relying on His mercy, and Believing in the Sacred religion of Islam, Observing the United Nations Charter and respecting the Universal Declaration of Human Rights, Realizing the injustice and shortcoming of the past, and the numerous troubles imposed on our country, 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, Understanding the fact that Afghanistan is a single and united country and belongs to all ethnicity residing in this country, For consolidating, national unity, safeguarding independence, national sovereignty, and territorial integrity of the country, For establishing a government based on people's will and democracy, 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, For strengthening of political, social, economic, and defensive institutions of the country, For ensuring a prosperous life, and sound environment for all those residing in this land, 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 guarantees 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 within 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. 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-tow 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: 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. The organizational structure and

financial sources of the party are made public. The party does not have military or paramilitary aims and structures. 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. 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. 24. 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 matters to be regulated by the law. Article Forty-Seven Ch. 2, Art. 25. 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. 26. 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. 27. 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 force labor. Article Fifty Ch. 2. Art. 28. 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 incompliance 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 rights 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. 29. 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. 30.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.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. 31. 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. 32. 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. 33.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. 34.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 FiftySeven Ch. 2. Art. 35.The state guarantees the rights and liberties of the foreign citizens residing in Afghanistan in accordance with the law. These people are obliged to observe the laws of the state of Afghanistan in accordance with the International Law. Article Fifty-Eight. Ch. 2. Art. 36.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. 37. 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) (May 21) of the fifth years 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 SixtyTwo Ch. 3, Art. 3. Presidential candidates should posses the following qualifications: Should be citizen of Afghanistan, Muslim and born of Afghan parents, and should not have citizenship of another country. On the day of becoming a candidate, his age should not be less than forty years. 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: Supervising the implementation of the Constitution. Determining the fundamental policies of the state. Being the Command-in-Chief of the armed forces of Afghanistan. Declaration of war and ceasefire with the approval of the National Assembly. Taking the required decision during defending of territorial integrity and protecting of the independence. Sending contingents of the armed forces to foreign countries with the approval of the National Assembly. Convening Loya Jirga except in a situation stated in Article Sixty-eight f this Constitution. Declaring the state of emergency and ending it with the approval of the National Assembly. Inaugurating the National Assembly and the Loya Jirga. Accepting resignation of the Vice President. Appointing of Ministers and the Attorney General with the approval of the Wolesi Jirga (the House of People), and acceptance of their dismissal and resignation. Appointing the head and members of the Supreme Court with the approval of the Wolesi Jirga (the House of People) .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. Appointment of heads of diplomatic missions of Afghanistan in foreign countries and international organizations. Accepting the credentials of diplomatic missions in Afghanistan. Signing of laws and legislative decrees. Issuing credential letter for the conclusion of bi-lateral and international treaties in accordance with the provisions of law. Reducing and pardoning penalties in accordance with law. Issuing medals, and honorary titles in accordance with the provision of law. Appointment of the Governor of De Afghanistan Central Bank with the approval of the Wolesi Jirga (the House of People).The establishment of commissions for the improvement of the administrative condition of the country, in accordance with law. 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: Amendment of the constitution Dismissal of ministers. 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. 10. 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 (the House of People) .In case of simultaneously death of the President and Vice President, his duties shall be implemented by the Chair of the Meshrano Jirga (House of Elders) and in the absence of the chair of the Meshrano Jirga (House of Elders), Chair of the Wolesi Jirga (the House of People) , and in the absence of the Chair of the Wolesi Jirga (the House of People) , 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 11. 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 (the House of People) .If two third of the Wolesi Jirga (the House of People) votes for charges to be brought forth, the Wolesi Jirga (the House of People) 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 (the House of People) , and three members of the Supreme Court appointed by the Loya Jirga and the Chair of the Meshrano Jirga (House of Elders). 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. 12. 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: Should be the citizen of Afghanistan. Should have higher education, work experience and, good reputation. His age should not be less than thirty-five. 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 ministers 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. Execute the provision of this Constitution, other laws, and final orders of the courts. Protect the independence, defend the territorial integrity, and safeguard the interests and dignity of Afghanistan in the international community. Maintenance of public law and order and elimination of administrative corruption. Prepare the budget, regulate financial affairs, and

protect public wealth. Devise and implement programs for social, cultural, economic, and technological progress. 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. 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 Seventyseven 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 (the House of People) 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 House of People) , 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, religion 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 (the House of People) are elected by the people through free, general, secret, and direct elections. Their mandate ends on the (1st of Saratan) (June 21) of the fifth year after the elections, and the new assembly starts its work. The election of the members of the Wolesi Jirga (the House of People) shall be held within 30 to 60 days before the expiry of the term of the Wolesi Jirga (the House of People).The number of members of the Wolesi Jirga (the House of People), 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 for 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 (House of Elders) are elected and appointed as follows: From among the members of each provincial council, the respective council elects one person for a period of four years. From among the district councils of each province, the respective councils elect one person for a period of three years. 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 (House of Elders), 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. Should be the citizen of Afghanistan, or has obtained the citizenship of the state of Afghanistan at least ten years before becoming a candidate. Should not have been convicted by a court for committing a crime against humanity, a crime, or sentenced of deprivation of his civil rights. Members of Wolesi Jirga (the House of People) should be Twenty Five years old at the date of candidacy, and members of the Meshrano Jirga (House of Elders) should be Thirty Five years old at 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 (the House of People) has the authority to set up a special commission if onethird 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 (the House of People). Article Ninety Ch. 5, Art. 10. The National Assembly has the following authorities: Ratification, modification, or abrogation of laws and or legislative decrees. Approval of plans for economic, social, cultural, and technological development. Approval of state budget, permission for obtaining, and granting loans. Creation, modification of administrative units. Ratification of international treaties and agreements, or abrogation of the membership of Afghanistan to them. Other authorities specified in this Constitution. Article Ninety-one Ch. 5, Art. 11.Wolesi Jirga (the House of People) has the following special authorities: Deciding on interpellation of each of the ministers in accordance with the provisions of article 92 of this constitution. Taking the final decision about the state’s development programs and state budget, in case of a disagreement between the Wolesi Jirga (the House of People) and the Meshrano Jirga (House of Elders). Approval of the appointments according to the provisions of this constitution. Article Ninety- two Ch. 5, Art. 12. Wolesi Jirga (the House of People), 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 (the House of People) 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 (the House of People). 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. The person questioned 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 (the House of People) within fifteen days of its submission. With the passage of this period or in case the Wolesi Jirga (the House of People) 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 (the House of People). 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 (the House of People) 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 (the House of People) cannot delay the proposal more than one month. The proposed draft of law is submitted to the Meshrano Jirga (House of Elders), after its approval by the Wolesi Jirga (the House of People). The Meshrano Jirga (House of Elders) 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 requires argent 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 (House of Elders) along with an advisory comment to the Wolesi Jirga (the House of People). The decision of the Wolesi Jirga (the House of People) , irrespective of the consent of the Meshrano Jirga (House of Elders), 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 House of People) the budget of the new fiscal year and a brief account of the current year’s budget within the forth quarter of the fiscal year. The definite account of the previous fiscal year shall be submitted by the government to the Wolesi Jirga (the House of People) within six months of the new year, in accordance with the provisions of law Wolesi Jirga (the House of People) cannot delay the approval of the budget for more than one month or permission to give or take loan for more than a 15 days. If during this period Wolesi Jirga (the House of People) 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 (the House of People) , it can be approved in the next session of the Wolesi Jirga (the House of People) 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 (House of Elders). 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 (the House of People) can approve the draft by the majority vote of its members. This draft is assumed as enforceable without submission to the Meshrano Jirga (House of Elders) 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:When the legislative session, or the annual session is inaugurated by the President. When it is deemed necessary by the President. In this case the head of the Wolesi Jirga (the House of People), 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 (the House of People), 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 (House of Elders) 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 Six Loya 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: Members of the National Assembly. 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: To take decision on the issues related to independence, national sovereignty, territorial integrity, and supreme interests of the country. To amend the provisions of this Constitution. 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 deputy-chair, 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.56. Discussions of the Loya Jirga are open except when one –fourth of its members demand their secrecy, and the Loya Jirga accepts this demand. Article One Hundred and fifteen Ch. 6. Art. 7. During the session of a Loya Jirga, the provision of Articles 101 and 102 of this Constitution are applied on its members. Chapter Seven. The 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 of which 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 (the House of People) 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: The age of the Head of the Supreme Court and its members should not be lower than forty at the time of appointment. Should be citizen of Afghanistan. Should have higher education in law or in Islamic jurisprudence, and should have enough expertise and experience in the judicial system of Afghanistan. Should enjoy high ethics and reputation of good deeds. Should not have been convicted of crimes against humanity, crimes, and sentenced of deprivation of his civil rights by a court. 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 (the House of People) 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 (the House of People) approves of this demand by a majority of two-thirds 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 Eight. The 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, 1. 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 Loya 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. Article One Hundred and fifty one Ch. 11, Art. 1 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: Issue decrees related to the elections of the President, National Assembly and local councils within six months. Issue decrees regarding the structure and authorities of the courts and basic administration structures within one year. Establish an Independent Electoral Commission for Supervising Elections. Take necessary measures for reform of executive and judicial affairs 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 are 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 (the House of People) is taken place. The President of the Transitional Islamic State of Afghanistan shall continue his duties until the elected President has taken have 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. Unofficial Translation. Please refer to official Pashtu and Dari texts for accuracy.

THE CONSTITUTION OF AFGHANISTAN APRIL 9, 1923 NIZAMNAMAH-YE-ASASI-E-DAULAT-E-ALIYAH-E-AFGHANISTAN, 20 HAMAL 1302.FROM THE PERSIAN TEXT, WHICH IS A TRANSLATION FROM THE ORIGINAL PASHTU TRANSLATED BY M.A. ANSARI UNDER THE SUPERVISION OF LEON B. POULLADA WITH CORRECTIONS AND VERIFICATION BY FARUQ FARHANG. ARTICLE 1 AFGHANISTAN IS COMPLETELY FREE AND INDEPENDENT IN THE ADMINISTRATION OF ITS DOMESTIC AND FOREIGN AFFAIRS. ALL PARTS AND AREAS OF THE COUNTRY ARE UNDER THE AUTHORITY OF HIS MAJESTY THE KING AND ARE TO BE TREATED AS A SINGLE UNIT WITHOUT DISCRIMINATION BETWEEN DIFFERENT PARTS OF THE COUNTRY.

ARTICLE 2 THE RELIGION OF AFGHANISTAN IS THE SACRED RELIGION OF ISLAM. FOLLOWERS OF OTHER RELIGIONS SUCH AS JEWS AND HINDUS RESIDING IN AFGHANISTAN ARE ENTITLED TO THE FULL PROTECTION OF THE STATE PROVIDED THEY DO NOR DISTURB THE PUBLIC PEACE. (SEE APPENDIX B) ARTICLE 3 KABUL IS THE CAPITAL OF AFGHANISTAN BUT ALL THE PEOPLE OF AFGHANISTAN ARE ENTITLED TO RECEIVE EQUAL TREATMENT FROM THE GOVERNMENT AND THE PEOPLE OF KABUL ARE NOT ENTITLED TO ANY SPECIAL PRIVILEGES NOT EXTENDED TO THE PEOPLE OF OTHER CITIES AND VILLAGES OF THE COUNTRY. ARTICLE 4 IN VIEW OF THE EXTRAORDINARY SERVICES RENDERED TO THE CAUSE OF PROGRESS AND INDEPENDENCE OF THE AFGHAN NATION BY HIS MAJESTY THE KING, THE NOBLE NATION OF AFGHANISTAN PLEDGES ITSELF TO THE ROYAL SUCCESSION OF HIS LINE ON THE PRINCIPLE OF MALE INHERITANCE THROUGH SELECTION TO HE MADE HIS MAJESTY AND BY THE PEOPLE OF AFGHANISTAN. HIS MAJESTY THE KING ON ASCENDING THE THRONE WILL PLEDGE TO THE NOBLES AND TO THE PEOPLE THAT HE WILL RULE IN ACCORDANCE WITH THE PRINCIPLES ENUNCIATED IN THE SHARIA AND IN THIS CONSTITUTION AND THAT HE WILL PROTECT THE INDEPENDENCE OF THE COUNTRY AND REMAIN FAITHFUL TO HIS NATION. ARTICLE 5 HIS MAJESTY THE KING IS THE SERVANT AND THE PROTECTOR OF THE TRUE RELIGION OF ISLAM AND HE IS THE RULER AND KING OF ALL THE SUBJECTS OF AFGHANISTAN. ARTICLE 6 THE AFFAIRS OF THE COUNTRY ARE ADMINISTERED BY THE MINISTERS OF THE GOVERNMENT WHO ARE SELECTED AND APPOINTED BY THE KING. EACH MINISTER IS RESPONSIBLE FOR HIS MINISTRY; THEREFORE THE KING IS NOT RESPONSIBLE. ARTICLE 7 MENTION OF THE KING'S NAME IN THE KHUTBA (FRIDAY PRAYERS); MINTING OF COINS IN THE KING'S NAME; DETERMINATION OF THE RANK OF OFFICIALS IN ACCORDANCE WITH APPROPRIATE LAWS; AWARDING OF MEDALS AND DECORATIONS; SELECTION AND APPOINTMENT, DISMISSAL AND TRANSFER OF THE PRIME MINISTER AND OTHER MINISTERS; RATIFICATION OF PUBLIC LAWS, PROMULGATION AND PROTECTION OF PUBLIC LAWS AND OF THE SHARIA; BEING COMMANDER IN CHIEF OF ALL THE ARMED FORCES OF AFGHANISTAN; PROMULGATION AND PROTECTION OF MILITARY RULES AND REGULATIONS; DECLARING WAR, MAKING PEACE AND OTHER TREATIES; GRANTING AMNESTY, PARDONING AND COMMUTING LEGAL PUNISHMENTS; ARE AMONG THE RIGHTS OF HIS MAJESTY THE KING. GENERAL RIGHTS OF THE SUBJECTS OF AFGHANISTAN

ARTICLE 8 ALL PERSONS RESIDING IN THE KINGDOM OF AFGHANISTAN, WITHOUT RESPECT TO RELIGIOUS OR SECTARIAN DIFFERENCES, ARE CONSIDERED TO BE SUBJECTS OF AFGHANISTAN. AFGHAN CITIZENSHIP MAY BE OBTAINED OR LOST IN ACCORDANCE WITH THE PROVISIONS OF THE APPROPRIATE LAW. ARTICLE 9 ALL SUBJECTS OF AFGHANISTAN ARE ENDOWED WITH PERSONAL LIBERTY AND ARE PROHIBITED FROM ENCROACHING ON THE LIBERTY OF OTHERS. (SEE APPENDIX B) ARTICLE 10 PERSONAL FREEDOM IS IMMUNE FROM AL FORMS OF VIOLATION OR ENCROACHMENT. NO PERSON MAY BE ARRESTED OR PUNISHED OTHER THAN PURSUANT TO AN ORDER ISSUED BY A SHARIA COURT OR IN ACCORDANCE WITH THE PROVISION OF APPROPRIATE LAWS. THE PRINCIPLE OF SLAVERY IS COMPLETELY ABOLISHED. NO MAN OR WOMAN CAN EMPLOY OTHERS AS SLAVES. ARTICLE 11 THE PRESS AND THE PUBLICATION OF DOMESTIC NEWSPAPERS IS FREE IN ACCORDANCE WITH THE APPROPRIATE PRESS LAW. THE RIGHT TO PUBLISH NEWSPAPERS IS RESERVED TO THE GOVERNMENT AND TO CITIZENS OF AFGHANISTAN. FOREIGN PUBLICATION MAY BE REGULATED OR RESTRICTED BY THE GOVERNMENT. ARTICLE 12 SUBJECTS OF AFGHANISTAN SHALL HAVE THE RIGHT TO ORGANIZE PRIVATE COMPANIES FOR PURPOSES OF COMMERCE, INDUSTRY AND AGRICULTURE, IN ACCORDANCE WITH THE PROVISIONS OF THE RESPECTIVE LAWS.

ARTICLE 13 SUBJECTS OF AFGHANISTAN SHALL HAVE THE RIGHT TO SUBMIT INDIVIDUAL OF COLLECTIVE PETITIONS TO GOVERNMENT OFFICIALS FOR THE REDRESS OF ACTS COMMITTED BY OFFICIAL OR OTHERS AGAINST THE SHARIA OR OTHER LAWS OF THE COUNTRY. IN APPROPRIATE CASES IF SUCH PETITIONS ARE NOT HEEDED CITIZENS MAY APPEAL SUCCESSIVELY TO HIGHER AUTHORITIES AND IN CASE THEY STILL FEEL AGGRIEVED THEY MAY APPEAL DIRECTLY TO THE KING. ARTICLE 14 EVERY SUBJECT OF AFGHANISTAN HAS THE RIGHT TO AN EDUCATION AT NO COST AND IN ACCORDANCE WITH THE APPROPRIATE CURRICULUM. FOREIGNERS ARE NOT PERMITTED TO OPERATE SCHOOLS IN AFGHANISTAN BUT ARE NOT BARRED FROM

BEING EMPLOYED AS TEACHERS. ARTICLE 15 ALL SCHOOLS IN AFGHANISTAN ARE UNDER THE CONTROL, SUPERVISION, AND INSPECTION OF THE GOVERNMENT WHICH IS CHARGED WIT DEVELOPING THE SCIENTIFIC AND NATIONAL EDUCATION OF ALL CITIZENS ON THE BASIS OF UNITY AND DISCIPLINE BUT THE METHODS AND TEACHING OF THE BELIEFS AND RELIGIONS OF PROTECTED AND REFUGEE SUBJECTS (HINDUS AND JEWS) SHALL NOT BE INTERFERED WITH. ARTICLE 16 ALL SUBJECTS OF AFGHANISTAN HAVE EQUAL RIGHTS AND DUTIES TO THE COUNTRY IN ACCORDANCE WITH SHARIA AND THE LAW'S OF THE STATE. ARTICLE 17 ALL SUBJECTS OF AFGHANISTAN SHALL BE ELIGIBLE FOR EMPLOYMENT IN THE CIVIL SERVICE IN ACCORDANCE WITH THEIR QUALIFICATIONS AND ABILITIES AND WITH THE NEEDS OF THE GOVERNMENT. ARTICLE 18 ALL DETERMINED FORMS OF TAXATION ARE TO BE COLLECTED IN ACCORDANCE WITH APPROPRIATE LAWS AND IN PROPORTION TO THE WEALTH AND POWER OF THE CITIZEN. ARTICLE 19 IN AFGHANISTAN EVERYONE'S REAL AND PERSONAL PROPERTY IN HIS POSSESSION IS PROTECTED. IF REAL PROPERTY IS REQUIRED BY THE GOVERNMENT FOR A PUBLIC PURPOSE THEN IN ACCORDANCE WITH THE PROVISIONS OF A SPECIAL LAW, FIRST THE PRICE OF THE PROPERTY SHALL BE PAID AND THEN IT MAY BE EXPROPRIATED.

ARTICLE 20 THE DWELLINGS AND HOMES OF ALL AFGHAN SUBJECTS ARE SACROSANCT AND NEITHER GOVERNMENT OFFICIALS NOR OTHERS MAY VIOLATE A SUBJECT'S HOME WITHOUT HIS PERMISSION OR DUE PROCESS OF LAW. ARTICLE 21 IN THE COURTS OF JUSTICE ALL DISPUTES AND CASES WILL BE DECIDED IN ACCORDANCE WITH THE PRINCIPLES OF SHARIA AND OF GENERAL CIVIL AND CRIMINAL LAWS,

ARTICLE 22 CONFISCATION AND FORCED LABOR IS ABSOLUTELY PROHIBITED EXCEPT THAT DURING TIME OF WAR, LABOR SERVICES MAY HE REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF APPROPRIATE LAWS. ARTICLE 23 EXCEPT AS PROVIDED IN THE LAWS OF THE STATE (NIZAMNAMAH) NOTHING WILL BE REQUISITIONED FROM ANYONE. ARTICLE 24 ALL TYPES OF TORTURE ARE HEREBY PROHIBITED. NO PUNISHMENT MAY BE IMPOSED ON ANY PERSON EXCEPT AS PROVIDED IN THE GENERAL PENAL CODE AND THE MILITARY PENAL CODE. (SEE APPENDIX B) MINISTERS ARTICLE 25 THE RESPONSIBILITY FOR THE ADMINISTRATION OF THE GOVERNMENT IS VESTED IN THE COUNCIL OF MINISTERS AND INDEPENDENT DEPARTMENTS (IDARAH-YEMUSTAQEL). THE CHAIRMAN OF THE COUNCIL OF MINISTERS IS HIS MAJESTY THE KING. IN HIS ABSENCE THE ACTING CHAIRMAN WILL BE THE PRIME MINISTER OR IN HIS ABSENCE THE MINISTER HEADING THE RANKING MINISTRY. (SEE APPENDIX B) ARTICLE 26 WHEN AN ACTING MINISTER IS APPOINTED IN THE ABSENCE OF A MINISTER, THE ACTING MINISTER WILL HAVE ALL THE AUTHORITY AND RIGHTS OF THE MINISTER. ARTICLE 27 A SPECIAL HIGH ASSEMBLY (DARBAR-E-ALI) WILL BE CONVENED EACH YEAR BEFORE THE INDEPENDENCE CELEBRATIONS ON A DAY TO BE DETERMINED BY HIS MAJESTY THE KING. THIS ASSEMBLY WILL BE UNDER THE CHAIRMANSHIP OF HIS MAJESTY THE KING AND WILL BE COMPOSED OF THE HIGH OFFICIALS OF THE GOVERNMENT, THE ELDERS OF THE PEOPLE, THE NOBLES AND OTHERS SELECTED SPECIALLY BY THE KING. IN THIS ASSEMBLY EVERY MINISTER AND THE HEADS OF INDEPENDENT DEPARTMENTS WILL REPORT IN OPEN SESSION ON THE ACHIEVEMENTS AND SERVICES RENDERED DURING THE PAST YEAR. ARTICLE 28 HIS MAJESTY THE KING WILL SELECT AND APPOINT THE PRIME MINISTER AND OTHER MINISTERS.

ARTICLE 29 THE COUNCIL OF MINISTERS WILL FORMULATE THE FOREIGN AND DOMESTIC POLICIES OF THE GOVERNMENT. DECISIONS OF THE COUNCIL OF MINISTERS, TREATIES, AGREEMENTS AND OTHER MATTERS THAT MAY REQUIRE RATIFICATION BY HIS MAJESTY THE KING WILL BECOME EFFECTIVE ONLY AFTER SUCH RATIFICATION. ARTICLE 30 EVERY MINISTER WILL EXECUTE THE DUTIES APPROPRIATE TO HIS MINISTRY TO THE FULL EXTENT OF HIS AUTHORITY. MATTERS APPROPRIATE FOR DECISION BY THE KING WILL BE REFERRED TO HIM AND MATTERS GOVERNED BY THE REGULATIONS OF THE COUNCIL OF MINISTERS WILL BE REFERRED TO IT. THE COUNCIL OF MINISTERS WILL DISCUSS THE MATTERS REFERRED TO IT IN ACCORDANCE WITH ITS SPECIAL LAW AND SIGN THE DECISION AND VIEWS EXPRESSED BY THE COUNCIL. ARTICLE 31 ALL MINISTERS ARE RESPONSIBLE TO HIS MAJESTY THE KING BOTH REGARDING THE GENERAL POLICY OF THE GOVERNMENT AS A WHOLE AND THE INDIVIDUAL RESPONSIBILITIES OF THE MINISTER HIMSELF. ARTICLE 32 ORAL COMMUNICATIONS AND COMMANDS FROM HIS MAJESTY THE KING TO MINISTERS SHOULD BE REDUCED TO WRITING AND SIGNED BY THE KING. ARTICLE 33 TRIALS FOR OFFICIAL MISCONDUCT OF MINISTERS WILL TAKE PLACE BEFORE THE HIGH COURT (DIWAN-E-ALI) IN ACCORDANCE WITH THE SPECIAL LAW ON THIS MATTER. TRIALS FOR PERSONAL MISCONDUCT OUTSIDE THE PURVIEW OF THEIR OFFICIAL DUTIES WILL TAKE PLACE IN THE COURTS OF JUSTICE AS FOR ORDINARY CITIZENS. ARTICLE 34 A MINISTER WHO IS ACCUSED BEFORE THE HIGH COURT WILL BE SUSPENDED FROM HIS OFFICIAL DUTIES PENDING THE OUTCOME OF HIS TRIAL. ARTICLE 35 THE SIZE AND ORGANIZATION OF THE VARIOUS MINISTRIES AND THEIR OFFICES AND DUTIES ARE PRESCRIBED IN THE LAW ENTITLED BASIC ORGANIZATION OF THE GOVERNMENT OF AFGHANISTAN (NIZAMNAMAH-YE-TASHKILAT-E-ASASIYAH -EAFGHANISTAN) GOVERNMENT OFFICIALS

ARTICLE 36 OFFICIALS WILL BE APPOINTED ON THE BASIS OF COMPETENCE AND IN ACCORDANCE WITH THE APPROPRIATE LAW'S. NO OFFICIAL CAN BE DISMISSED UNLESS HE RESIGNS OR FOR MISCONDUCT OR FOR THE BEST INTEREST OF THE GOVERNMENT. OFFICIALS WHO MAINTAIN GOOD PERFORMANCE RECORDS WILL BE CONSIDERED WORTHY OF PROMOTION AND EVENTUAL PENSION. ARTICLE 37 DUTIES OF OFFICIALS HAVE BEEN DESCRIBED IN APPROPRIATE LEGISLATION. EVERY OFFICIAL WILL BE RESPONSIBLE FOR THE PERFORMANCE OF HIS DUTIES IN ACCORDANCE WITH SUCH LEGISLATION. ARTICLE 38 ALL OFFICIALS ARE REQUIRED TO OBEY THE LAWFUL ORDERS OF THEIR SUPERIORS. IF AN ORDER IS DEEMED BY AN OFFICIAL TO BE WITHOUT SANCTION OF LAW IT IS HIS DUTY TO REFER THE MATTER TO THE CENTRAL AUTHORITIES OF THE MINISTRY. IF HE EXECUTES SUCH AN ILLEGAL ORDER WITHOUT FIRST HAVING REFERRED IT TO THE CENTRAL AUTHORITY OF HIS MINISTRY, HE WILL BE CONSIDERED TO BE EQUALLY RESPONSIBLE WITH THE OFFICIAL WHO GAVE THE ORDER. PROVINCIAL COUNCILS AND THE STATE COUNCIL ARTICLE 39 THERE IS HEREBY ESTABLISHED A STATE COUNCIL IN THE CAPITAL OF THE KINGDOM AND LOCAL COUNCILS IN THE PROVINCES AND DISTRICT CENTERS, THESE COUNCILS TO ACT AS ADVISORY BODIES. (TRANSLATOR'S NOTE: DISTRICT CENTERS CONSISTED OF FIVE DIFFERENT LEVELS LESS IMPORTANT THAN A PROVINCE. THESE WERE: 1) HUQUMAT-E-ALA, OR HIGH GOVERNORSHIP, PROVINCE BUT SMALLER OR LESS IMPORTANT. WHICH WAS EQUIVALENT TO A

2) HUQUMATI OF 1ST, 2ND, OR 3RD DEGREES WHICH PROVINCIAL OR HUQUMATI-E-ALA GOVERNMENTS; AND

DEPENDED

FROM

THE

3) ALAQADRI OR DISTRICTS WHICH DEPENDED FROM THE HUQUMATI.) ARTICLE 40 MEMBERSHIP IN THE STATE AND LOCAL ADVISORY COUNCILS CONSISTS OF BOTH APPOINTED AND ELECTED MEMBER. ARTICLE 41 APPOINTED MEMBERS OF THE ADVISORY COUNCILS ARE THOSE OFFICIALS ENUMERATED IN THE LAW ON THE BASIC ORGANIZATION OF THE GOVERNMENT OF

AFGHANISTAN. THE APPOINTED MEMBERS OF THE STATE COUNCIL ARE DIRECTLY SELECTED AND APPOINTED BY THE KING. THE NUMBER OF APPOINTED MEMBERS WILL BE EQUAL TO THE NUMBER OF ELECTED MEMBERS. THE ELECTED MEMBERS WILL BE SELECTED AND APPOINTED BY THE PEOPLE. SEPARATE ARTICLES IN THE LAW ON THE BASIC ORGANIZATION OF THE GOVERNMENT OF AFGHANISTAN PRESCRIBE THE ELECTION PROCEDURES FOR THESE MEMBERS. ARTICLE 42 THE STATE AND LOCAL COUNCILS IN ADDITION TO THOSE DUTIES PRESCRIBED IN THE BASIC ORGANIZATION LAW WILL: A) MAKE SUGGESTIONS TO THE GOVERNMENT FOR THE IMPROVEMENT OF INDUSTRY, COMMERCE, AGRICULTURE, AND EDUCATION. B) PETITION THE GOVERNMENT REGARDING ANY IRREGULARITIES IN MATTERS OF TAXATION OR GENERAL GOVERNMENT ADMINISTRATION WITH A VIEW TO DEMANDING REMEDIAL ACTION (SEE APPENDIX B) C) COMPLAIN TO THE GOVERNMENT REGARDING ANY VIOLATIONS OF THE BASIC RIGHTS CONFERRED UPON THE PEOPLE BY THIS CONSTITUTION. ARTICLE 43 SUGGESTIONS, PETITIONS, OR COMPLAINTS BY THE ADVISORY COUNCILS WILL BE PRESENTED IN THE FIRST INSTANCE TO THE GOVERNOR OR EXECUTIVE OFFICIAL OF THE DISTRICT PERTAINING TO THE COUNCIL. SUCH GOVERNOR OR OTHER LOCAL OFFICIAL WILL TAKE APPROPRIATE MEASURES WITHIN THE SCOPE OF HIS AUTHORITY. IF SUCH MEASURES WOULD GO BEYOND THE SCOPE OF HIS AUTHORITY HE WILL FORWARD THE MATTER TO THE APPROPRIATE MINISTRY WHICH IN TURN WILL TAKE THE NECESSARY ACTION OR IN APPROPRIATE CASES WILL PROCEED IN ACCORDANCE WITH ARTICLE 30 HEREOF OR IF THE MATTER BE ONE OF LEGAL NATURE THEN IN ACCORDANCE WITH ARTICLE 46 HEREOF. ARTICLE 44 IF WITHIN A MONTH AFTER PRESENTING A PETITION, SUGGESTION, OR COMPLAINT TO THE GOVERNOR OR OTHER LOCAL OFFICIAL, THE ADVISORY COUNCIL HAS NOT RECEIVED A REPLY, IT MAY ON ITS OWN INITIATIVE FORWARD THE MATTER DIRECTLY TO THE STATE COUNCIL.

ARTICLE 45 THE STATE COUNCIL WILL THEREUPON PREPARE AN OPINION ON THE CASE AND FORWARD IT TO THE APPROPRIATE MINISTRY. IF THE MINISTRY DELAYS ACTION OF THE CASE THE STATE COUNCIL SHALL FORWARD IT DIRECTLY TO HIS MAJESTY THE KING.

ARTICLE 46 LEGISLATION PREPARED AND PROPOSED BY THE GOVERNMENT WILL BE SCRUTINIZED BY THE STATE COUNCIL AND THEN PASSED TO THE COUNCIL OF MINISTERS FOR FURTHER EXAMINATION. IF APPROVED IN BOTH BODIES THEY MAY THEN FORWARD IT TO HIS MAJESTY THE KING FOR RATIFICATION, AFTER WHICH SUCH LEGISLATION BECOMES THE LAW OF THE LAND. ARTICLE 47 IN ADDITION TO THE PERMANENT APPOINTED MEMBERS OF THE STATE COUNCIL, CERTAIN HIGH RANKING CIVIL SERVANTS AND MILITARY OFFICIALS ABOVE THE RANK OF DISTRICT AND PROVINCIAL GOVERNORS AND GOVERNORS GENERAL AND FROM THE MILITARY RANK OF LEWA MISHR (BRIGADIER GENERAL) RESPECTIVELY, MAY BE APPOINTED AS TEMPORARY MEMBERS OF THE STATE COUNCIL UNTIL THEIR APPOINTMENT TO A NEW POST, PROVIDED THEY HAVE NOT BEEN RELIEVED FROM DUTY AWAITING TRIAL. ARTICLE 48 THE STATE COUNCIL WILL REVIEW THE YEARLY BUDGET PREPARED BY THE MINISTRY OF FINANCE IN THE MANNER PRESCRIBED IN THE GENERAL LAW OF THE BUDGET (NIZAMNAMAH-YE-BUJET). ARTICLE 49 THE STATE COUNCIL WILL REVIEW ALL CONTRACTS AND TREATIES AND AGREEMENTS MADE BETWEEN THE GOVERNMENT AND FOREIGNERS. THE COURTS ARTICLE 50 ALL TRIALS IN COURTS OF JUSTICE WILL BE PUBLIC PROVIDED THAT FOR CERTAIN SPECIAL MATTERS ENUMERATED IN THE GENERAL LAW ON COURTS (NIZAMNAMAH -YE-MOHAKAM), THE JUDGE MAY PRESCRIBE A CLOSED TRIAL. ARTICLE 51 EVERY CITIZEN OR PERSON APPEARING BEFORE A COURT OF JUSTICE MAY USE ANY LEGITIMATE MEANS TO INSURE PROTECTION OF HIS RIGHTS. ARTICLE 52 COURTS OF JUSTICE WILL NOT DELAY THE HEARING AND SETTLING OF CASES WHICH IT IS THEIR DUTY TO HEAR. ARTICLE 53 ALL COURTS OF JUSTICE ARE FREE FROM ALL TYPES OF INTERFERENCE AND INTERVENTION.

ARTICLE 54 THE VARIOUS TYPES AND HIERARCHY OF COURTS ARE SET FORTH IN THE LAW ON THE BASIC ORGANIZATION OF THE GOVERNMENT OF AFGHANISTAN. ARTICLE 55 NO SPECIAL COURT TO HEAR AND ADJUDICATE A SPECIAL CASE OR ISSUE MAY BE ESTABLISHED OUTSIDE THE FRAMEWORK OF THE REGULAR JUDICIARY. THE HIGH COURT ARTICLE 56 A HIGH COURT WILL BE ESTABLISHED ON A TEMPORARY BASIS FROM TIME TO TIME FOR THE SPECIAL PURPOSE OF TRIALS OF MINISTERS. AFTER COMPLETING ITS TASK IT WILL BE DISSOLVED. ARTICLE 57 THE ORGANIZATION AND PROCEDURES OF THE HIGH COURT WILL BE PRESCRIBED IN A SPECIAL LAW. FINANCIAL AFFAIRS ARTICLE 58 COLLECTION OF ALL STATE TAXES WILL BE IN ACCORDANCE WITH GENERAL LAWS ON TAXATION. ARTICLE 59 A YEARLY BUDGET DETAILING THE INCOME AND EXPENDITURES OF THE GOVERNMENT WILL BE PREPARED AND ALL REVENUES AND EXPENDITURES OF THE GOVERNMENT WILL BE IN ACCORDANCE WITH THE BUDGET. ARTICLE 60 AT THE END OF EACH YEAR A FINANCIAL REPORT WILL HE PREPARED RELATING ACCRUAL REVENUES AND EXPENDITURES OF THE PREVIOUS YEAR TO THOSE DETAILED IN THE BUDGET. ARTICLE 61 IN ACCORDANCE WITH A SPECIAL LAW PASSED FOR THIS PURPOSE, AN AUDITING OFFICE WILL BE ESTABLISHED. THE PRINCIPAL FUNCTION OF THE AUDITING OFFICE WILL BE TO INQUIRE AND REPORT WHETHER THE REVENUES AND EXPENDITURES OF THE GOVERNMENT HAVE ACTUALLY COINCIDED WITH THOSE PRESCRIBED IN THE BUDGET.

ARTICLE 62 THE ORGANIZATION AND IMPLEMENTATION OF THE FINANCIAL REPORT AND OF THE BUDGET IS PRESCRIBED IN A SPECIAL LAW PASSED FOR THIS PURPOSE. THE ADMINISTRATION OF PROVINCES ARTICLE 63 PROVINCIAL ADMINISTRATION IS BASED ON THREE BASIC PRINCIPLES: 1) DECENTRALIZATION OF AUTHORITY; 2) CLEAR DELINEATION OF DUTIES; 3) CLEAR DETERMINATION OF RESPONSIBILITIES. ALL THE DUTIES OF PROVINCIAL OFFICIALS HAVE BEEN DETERMINED ON THE BASIS OF THE ABOVE PRINCIPLES AND IN ACCORDANCE WITH THE PERTINENT LAWS. THE AUTHORITY OF THESE OFFICIALS IS LIKEWISE LIMITED BY THESE PRINCIPLES AND LAWS AND EVERY OFFICIAL IS RESPONSIBLE TO HIS SUPERIOR ON THE SAME BASIS. ARTICLE 64 BRANCH OFFICES OF THE MINISTRIES ARE ESTABLISHED IN THE PROVINCES, AND CITIZENS, DEPENDING ON THE SUBJECT MATTER, SHOULD INITIALLY HAVE RECOURSE TO THESE BRANCH OFFICES FOR HELP IN SOLVING THEIR PROBLEMS. ARTICLE 65 IF THE SOLUTION OF THE PROBLEMS OF THE CITIZENS CANNOT BE FOUND BY THE OFFICIALS OF THESE MINISTRY BRANCHES, OR IF THESE OFFICIALS DO NOT DISPOSE OF THE CASE IN ACCORDANCE WITH THE LAWS, THE AGGRIEVED CITIZEN MAY HAVE RECOURSE TO THE SUPERIOR OFFICIALS OF THE MINISTRY BRANCHES OR IF NECESSARY TO THE DISTRICT AND PROVINCIAL GOVERNORS OR GOVERNORS GENERAL. ARTICLE 66 THE ORGANIZATION, FUNCTIONS, AND DUTIES OF MUNICIPALITIES HAVE BEEN SET FORTH IN THE SPECIAL LAW ON MUNICIPALITIES (NIZAMNAMAH-YE-BALADIYAH). ARTICLE 67 MILITARY GOVERNMENT AND MILITARY ADMINISTRATION MAY BE PROCLAIMED BY THE GOVERNMENT IN ANY PART OF THE COUNTRY IN WHICH SIGNS OF DISOBEDIENCE AND REBELLION ARE SUCH AS TO DISTURB THE PUBLIC SECURITY. MISCELLANEOUS ARTICLES

ARTICLE 68 ELEMENTARY EDUCATION IS COMPULSORY FOR ALL CITIZENS OF AFGHANISTAN. THE VARIOUS CURRICULA AND BRANCHES OF KNOWLEDGE ARE DETAILED IN A SPECIAL LAW AND THEY WILL BE IMPLEMENTED. ARTICLE 69 NONE OF THE ARTICLES OF THIS CONSTITUTION MAY BE CANCELED OR SUSPENDED FOR WHATEVER REASON OR CAUSE. ARTICLE 70 THIS CONSTITUTION MAY BE AMENDED IN CASE OF NECESSITY UPON PROPOSAL OF TWO THIRDS OF THE MEMBERS OF THE STATE COUNCIL FOLLOWED BY APPROVAL OF THE COUNCIL OF MINISTERS AND RATIFICATION BY HIS MAJESTY THE KING. ARTICLE 71 IF NECESSARY ANY CLARIFICATION OR INTERPRETATION OF ANY ARTICLE OF THIS CONSTITUTION OR OTHER LAWS OF THE STATE MUST BE REFERRED TO THE COUNCIL OF STATE AND FOLLOWING CORRECTION AND EXPLANATION BY THE COUNCIL OF STATE AND APPROVAL BY THE COUNCIL OF MINISTERS IT WILL BE PRINTED AND PUBLISHED. ARTICLE 72 IN THE PROCESS OF LEGISLATION THE ACTUAL LIVING CONDITIONS OF THE PEOPLE, THE EXIGENCIES OF THE TIME AND PARTICULARLY THE REQUIREMENTS OF THE LAW'S OF SHARIA WILL BE GIVEN CAREFUL CONSIDERATION. ARTICLE 73 SECURITY OF PERSONAL CORRESPONDENCE IS ONE OF THE RIGHTS OF ALL CITIZENS AND ALL COMMUNICATIONS HANDLED BY THE POST OFFICE WILL BE SECURE FROM SEARCH AND INSPECTION AND WILL BE DELIVERED TO THE ADDRESSEE IN THE SAME CONDITION THEY WERE RECEIVED UNLESS A COURT ORDER HAS BEEN ISSUED PERMITTING INSPECTION. THE ARTICLES OF THIS CONSTITUTION HAVE BEEN APPROVED UNANIMOUSLY BY THE MINISTERS OF THE GOVERNMENT AND BY ALL THE REPRESENTATIVES OF THE NATION GATHERED IN A GRAND COUNCIL (LOYA JIRGA) IN THE EASTERN PROVINCE (MASHRIQI) AND 872 MEMBERS OF THAT GRAND COUNCIL HAVE SIGNED AND SEALED THIS DOCUMENT FOR THE SUCCESSFUL FOUNDATION OF THE EXALTED STATE OF AFGHANISTAN. IT IS OUR WILL AND COMMAND THAT THIS CONSTITUTION BE INCLUDED AMONG THE OTHER LAW'S OF THE GOVERNMENT AND THAT ALL ITS ARTICLES BE IMPLEMENTED.

(SEAL OF KING AMANULLAH) APPENDIX B ANNOTATED AMENDMENTS OF JANUARY 28, 1925 (8 DALW 1303) THE CONSTITUTION OF 20 HAMAL 1302 (APRIL 9, 1923) WAS AMENDED BY THE LOYA JIRGA WHICH MET IN PAGHMAN IN 1924. THE AMENDED TEXT BECAME EFFECTIVE ON 8 DALW 1303 (JANUARY 28, 1925). THE AMENDMENTS WERE A DIRECT RESULT OF THE REBELLION OF THE MANGAL TRIBE IN 1924. THIS REBELLION WAS GIVEN A RELIGIOUS FLAVOR BY CERTAIN RELIGIOUS LEADERS WHO SIDED WITH THE REBELS. KING AMANULLAH IN ORDER TO EXPOSE THIS OFFERED TO SEND A DELEGATION OF RELIGIOUS SCHOLARS FROM KABUL TO DISCUSS THE OBJECTIONS OF THE MANGAL MULLAHS AND PROMISED TO MAKE ANY CHANGES AGREED UPON. THE DISCUSSION TOOK PLACE BUT NO AGREEMENT WAS REACHED IT BECOMING EVIDENT THAT THE TRIBAL MULLAHS SIMPLY WANTED PRETEXTS TO JUSTIFY THE REBELLION. NEVERTHELESS AMANULLAH'S DELEGATES ON RETURNING TO KABUL RECOMMENDED THAT CERTAIN PROVISIONS OF THE CONSTITUTION AND OF SOME LAWS BE CHANGED SO AS TO REMOVE ALL PRETEXT FOR OPPOSITION. THE KING THEN SUMMONED A LOYA JIRGA WHICH MET IN PAGHMAN AT THE END OF 1924 AND RECOMMENDED CERTAIN AMENDMENTS AND CHANGES. THE AMENDED CONSTITUTION WAS THEN REISSUED WITH THE FOLLOWING IMPRIMATUR BY THE KING: THE ARTICLES OF THIS CONSTITUTION WHICH WERE APPROVED UNANIMOUSLY BY THE MINISTERS OF THE GOVERNMENT AND THE REPRESENTATIVES OF THE GRAND COUNCIL WHICH MET IN THE EASTERN PROVINCE FOR THE FOUNDATION OF THE EXALTED STATE OF AFGHANISTAN, HAVE ALSO BEEN PRESENTED TO THE GRAND COUNCIL OF PAGHMAN AND IN ACCORDANCE WITH THE VOTES OF THE MINISTERS OF THE GOVERNMENT AND ALL THE REPRESENTATIVES OF THE NATION INCLUDING SCHOLARS, SADATS AND OTHER RELIGIOUS LEADERS, THESE ARTICLES HAVE BEEN APPROVED. DALW 8, 1303. (SEAL OF KING AMANULLAH) FOLLOWING ARE THE SUBSTANTIVE DIFFERENCES AMENDED VERSION OF THE CONSTITUTION: BETWEEN THE ORIGINAL AND

ARTICLE 2 WAS AMENDED BY ADDING TO THE PROVISION THAT THE 'RELIGION OF AFGHANISTAN IS THE SACRED RELIGION OF ISLAM' THE FOLLOWING 'AND ITS OFFICIAL RELIGIOUS RITE IS THE SUBLIME HANAFITE RITE.' ALSO ADDED AT THE END OF THE ARTICLE IS THE PROVISION THAT 'HINDUS AND JEWS MUST PAY THE SPECIAL TAX AND WEAR DISTINCTIVE CLOTHING.' ARTICLE 9 WAS AMENDED BY ADDING THE FOLLOWING: 'AFGHAN SUBJECTS ARE BOUND BY THE RELIGIOUS RITE AND POLITICAL INSTITUTIONS OF AFGHANISTAN.' THE INTENT OF THE ORIGINAL VERSION WAS CLEARLY TO ELIMINATE INVIDIOUS DISCRIMINATION ON THE BASIS OF RELIGION OR OTHER SIMILAR DISTINCTIONS. THE AMENDMENT IN EFFECT PLACES A RELIGIOUS LIMIT ON THE FREEDOM OF THE CITIZEN. MOREOVER IT IS AMBIGUOUS, SINCE IT COULD BE INTERPRETED TO MEAN THAT ALL CITIZENS MUST BE MUSLIMS OF THE HANAFITE RITE. THIS APPARENTLY WAS NOT INTENDED, ONLY MEANING, JUDGING FROM SUBSEQUENT PRACTICE, BEING THAT ALL CITIZENS OF WHATEVER CREED MUST RESPECT THE FACT THAT THE STATE RELIGION WAS THE HANAFITE AND SUNNI.

ARTICLE 24 WAS AMENDED BY ADDING AS THE END OF THE ARTICLE THE FOLLOWING: 'EXCEPT THOSE PUNISHMENTS WHICH ARE IN ACCORDANCE WITH THE RULES OF THE SHARIA AND WHICH ARE IN ACCORD WITH OTHER PUBLIC LAWS WHICH ARE THEMSELVES CODIFIED ACCORDING TO THE RULES OF SHARIA.' ARTICLE 25 WAS AMENDED BY REMOVING THE WORD 'ACTING' BEFORE THE WORD 'CHAIRMAN' WHEN REFERRING TO THE PRIME MINISTER IN HIS CAPACITY IN THE ABSENCE OF THE KING. THE REASON FOR THIS AMENDMENT IS OBSCURE AND SEEMS TO BE BASED ON CONSIDERATIONS OF PERSONAL RELATIONS BETWEEN THE KING AND THE PRIME MINISTER AT THE TIME. ARTICLE 42 (B) WAS AMENDED BY ADDING THE WORD 'STATE' BEFORE THE WORD 'TAXATION.' ACCORDING TO SOME SOURCES, THE PURPOSE WAS TO SPARE THE CENTRAL GOVERNMENT FROM COMPLAINTS ABOUT LOCAL TAXES. ACCORDING TO OTHER SOURCES THE PURPOSE WAS TO CLARIFY THE POSITION THAT THE TAXING POWER WAS VESTED ONLY IN THE STATE AND WAS NOT TO BE USED BY LOCAL OFFICIALS OR LOCAL CHIEFS.

THE CONSTITUTION OF AFGHANISTAN 1963
GOVERNMENT OF AFGHANISTAN

IN THE NAME OF GOD, THE ALMIGHTY AND THE JUST TO REORGANIZE THE NATIONAL LIFE OF AFGHANISTAN ACCORDING TO THE REQUIREMENTS OF THE TIMES AND ON THE BASIS OF THE REALITIES OF NATIONAL HISTORY AND CULTURE; TO ACHIEVE JUSTICE AND EQUALITY; TO ESTABLISH POLITICAL, ECONOMIC AND SOCIAL DEMOCRACY; TO ORGANIZE THE FUNCTIONS OF THE STATE AND ITS BRANCHES TO ENSURE LIBERTY AND WELFARE OF THE INDIVIDUAL AND THE MAINTENANCE OF THE GENERAL ORDER; TO ACHIEVE A BALANCED DEVELOPMENT OF ALL PHASES OF LIFE IN AFGHANISTAN; AND TO FORM, ULTIMATELY, A PROSPEROUS AND PROGRESSIVE SOCIETY BASED ON SOCIAL COOPERATION AND PRESERVATION OF HUMAN DIGNITY; WE, THE PEOPLE OF AFGHANISTAN, CONSCIOUS OF THE HISTORICAL CHANGES WHICH HAVE OCCURRED IN OUR LIFE AS A NATION AND AS A PART OF HUMAN SOCIETY, WHILE CONSIDERING THE ABOVE MENTIONED VALUES TO BE THE RIGHT OF ALL HUMAN SOCIETIES, HAVE, UNDER THE LEADERSHIP OF HIS MAJESTY MOHAMMED ZAHIR SHAH, THE KING OF AFGHANISTAN AND THE LEADER OF ITS NATIONAL LIFE, FRAMED THIS CONSTITUTION FOR OURSELVES AND THE GENERATIONS TO COME. TITLE ONE THE STATE ARTICLE 1 AFGHANISTAN IS A CONSTITUTIONAL MONARCHY; AN INDEPENDENT, UNITARY AND INDIVISIBLE STATE. SOVEREIGNTY IN AFGHANISTAN BELONGS TO THE NATION. THE AFGHAN NATION IS COMPOSED OF ALL THOSE INDIVIDUALS WHO POSSESS THE CITIZENSHIP OF THE STATE OF AFGHANISTAN IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE WORD AFGHAN SHALL APPLY TO EACH SUCH INDIVIDUAL. ARTICLE 2 ISLAM IS THE SACRED RELIGION OF AFGHANISTAN. RELIGIOUS RITES PERFORMED BY THE STATE SHALL BE ACCORDING TO THE PROVISIONS OF THE HANAFI DOCTRINE. NON MUSLIM CITIZENS SHALL BE FREE TO PERFORM THEIR RITUALS WITHIN THE LIMITS DETERMINED BY LAWS FOR PUBLIC DECENCY AND PUBLIC PEACE. ARTICLE 3 FROM AMONGST THE LANGUAGES OF AFGHANISTAN, PASHTU AND DARI SHALL BE THE OFFICIAL LANGUAGES. ARTICLE 4 THE FLAG OF AFGHANISTAN IS TRI COLOR (BLACK, RED AND GREEN) ALL PIECES JOINED TOGETHER VERTICALLY FROM LEFT TO RIGHT IN EQUAL PROPORTIONS; THE BREADTH OF EACH STRIP EQUALLING HALF OF ITS LENGTH, HAVING IN THE MIDDLE THE INSIGNIA OF THE MEHRAB (AN ARCH IN A MOSQUE WHERE THE PRAYING CONGREGATION STANDS, FACING THE KAABA IN MECCA) AND THE MENDER (A MANY TIERED PULPIT PLACED TO THE RIGHT OF THE METHRAB IN A MOSQUE, FROM WHICH ADDRESSES ARE DELIVERED) IN WHITE, FLANKED BY TWO FLAGS AND ENSCONCED IN

TWO SHEAVES OF WHEAT. ARTICLE 5 THE CAPITAL OF AFGHANISTAN IS THE CITY OF KABUL. TITLE TWO THE KING ARTICLE 6 IN AFGHANISTAN THE KING PERSONIFIES THE SOVEREIGNTY. ARTICLE 7 THE KING IS THE PROTECTOR OF THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, THE GUARDIAN OF AFGHANISTAN'S INDEPENDENCE AND TERRITORIAL INTEGRITY, THE CUSTODIAN OF ITS CONSTITUTION ARE THE CENTER OF ITS NATIONAL UNITY. ARTICLE 8 THE KING SHALL BE AN AFGHAN NATIONAL, A MUSLIM AND A FOLLOWER OF THE HANAFI DOCTRINE. ARTICLE 9 THE KING HAS THE FOLLOWING RIGHTS AND DUTIES: 1) HOLDS SUPREME COMMAND OF THE ARMED FORCES OF AFGHANISTAN. 2) DECLARES WAR AND ARMISTICE. 3) SUMMONS AND INAUGURATES THE LOYA JIRGA (GREAT COUNCIL). 4) INAUGURATES THE ORDINARY SESSION OF THE SHURA (PARLIAMENT), 5) SUMMONS AND INAUGURATES THE EXTRAORDINARY SESSIONS OF THE SHURA (PARLIAMENT). 6) DISSOLVES THE SHURA (PARLIAMENT) AND DECREES NEW ELECTIONS, WHICH SHALL BE HELD WITHIN THREE MONTHS FROM THE DATE OF THE DISSOLUTION OF THE SHURA (PARLIAMENT), 7) SIGNS LAWS AND PROCLAIMS THEIR ENFORCEMENT. 8) ISSUES ORDINANCES, 9) GRANTS CREDENTIALS FOR CONCLUSION OF INTERNATIONAL TREATIES, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 10) SIGNS INTERNATIONAL TREATIES, 11) APPOINTS THE PRIME MINISTER AND ACCEPTS HIS RESIGNATION. APPOINTS MINISTERS ON THE RECOMMENDATION OF THE PRIME MINISTER AND ACCEPTS THEIR RESIGNATIONS. 12) APPOINTS THE NON ELECTED MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) AND APPOINTS ITS PRESIDENT FROM AMONGST ITS MEMBERS. 13) APPOINTS THE CHIEF JUSTICE AND JUSTICES OF THE SUPREME COURT. 14) APPOINTS JUDGES AND HIGH RANKING CIVIL AND MILITARY OFFICIALS AND GRANTS THEM RETIREMENT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.

15) ACCREDITS THE HEADS OF AFGHANISTAN'S DIPLOMATIC MISSIONS TO FOREIGN STATES; APPOINTS PERMANENT REPRESENTATIVES OF AFGHANISTAN TO INTERNATIONAL ORGANIZATIONS AND ACCEPTS THE CREDENTIALS OF FOREIGN DIPLOMATIC REPRESENTATIVES. 16) PROCLAIMS AND ENDS THE STATE OF EMERGENCY. 17) REMITS AND PARDONS SENTENCES. ARTICLE 10 COIN IS MINTED IN THE NAME OF THE KING. ARTICLE 11 THE NAME OF THE KING IS MENTIONED IN KHUTBAS (THE KHUTBA IS AN ADDRESS DELIVERED AS A RELIGIOUS RITE ON OCCASIONS SPECIFIED IN THE ISLAMIC RELIGION.) ARTICLE 12 MEDALS ARE AWARDED BY THE KING IN ACCORDANCE WITH THE TERMS OF THE LAW. THE AWARD OF MEDALS SHALL NOT CARRY ANY MATERIAL BENEFIT. ARTICLE 13 THE ROYAL EXPENDITURES SHALL BE FIXED IN THE STATE BUDGET ACCORDING TO THE LAW OF THE ROYAL EXPENSES. ARTICLE 14 THE EXERCISE OF RIGHTS AND DUTIES DESCRIBED UNDER THIS TITLE SHALL BE SUBJECT TO THE LIMITS PRESCRIBED BY THE PROVISIONS OF THIS CONSTITUTION. ARTICLE 15 THE KING IS NOT ACCOUNTABLE AND SHALL BE RESPECTED BY ALL. HE TAKES THE FOLLOWING OATH, IN THE PRESENCE OF THE MEMBERS OF THE ROYAL FAMILY, THE MEMBERS OF THE GOVERNMENT AND THE JUSTICES OF THE SUPREME COURT, IN A JOINT SITTING OF BOTH HOUSES OF THE SHURA (PARLIAMENT). 'IN THE NAME OF GOD, THE GREAT, I SWEAR TO BE CONSCIOUS OF HIS OMNIPRESENCE IN ALL MY ACTIONS, THAT I SHALL PROTECT THE SACRED PRINCIPLES OF THE RELIGION OF ISLAM, SHALL GUARD THE CONSTITUTION, SHALL PROTECT THE INDEPENDENCE AND TERRITORIAL INTEGRITY OF THE COUNTRY AS WELL AS THE LAWS OF THE STATE AND THE RIGHTS OF THE PEOPLE; AND, INVOKING DIVINE ASSISTANCE, SHALL REIGN IN ACCORDANCE WITH THE PROVISIONS OF THE CONSTITUTION OF AFGHANISTAN AND DEVOTE MY EFFORTS TO THE WELL BEING AND PROGRESS OF THE AFGHAN NATION.' ARTICLE 16 THE SUCCESSION TO THE THRONE OF AFGHANISTAN SHALL CONTINUE IN THE HOUSE OF HIS MAJESTY MOHAMMED NADIR SHAH, THE MARTYR, IN ACCORDANCE WITH THE

PROVISIONS OF THIS CONSTITUTION. ARTICLE 17 SHOULD THE KING RESOLVE TO ABDICATE, HE SHALL INFORM A COUNCIL CONSISTING OF THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE), THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), THE PRIME MINISTER, THE CHIEF JUSTICE AND THE MINISTER OF THE ROYAL COURT AND, THEREAFTER, CONVENE A MEETING OF THE LOYA JIRGA (GRAND COUNCIL) WITHIN A PERIOD OF SEVEN DAYS AND ANNOUNCE THEREIN HIS ABDICATION IN PERSON OR THROUGH THE MINISTER OF COURT. IF THE LOYA JIRGA (GREAT COUNCIL) ATTESTS THAT THE ABDICATION HAS STEMMED FROM THE DATE OF THE ATTESTATION. ARTICLE 18 ON THE KING'S ABDICATION OR DEATH, THE THRONE SHALL PASS ON TO HIS ELDEST SON. IF THE ELDEST SON OF THE KING LACKS THE QUALIFICATIONS SET FORTH IN THIS CONSTITUTION, THE THRONE SHALL PASS ON TO HIS SECOND SON AND SO ON. ARTICLE 19 WHENEVER THE KING ABDICATES OR DIES WITHOUT A SON POSSESSING THE QUALIFICATIONS TO BECOME THE KING, THE THRONE SHALL PASS ON TO THE OLDEST OF THE KING'S BROTHERS. IN CASE THE OLDEST OF THE KING'S BROTHERS LACKS THE QUALIFICATIONS NEEDED, THE THRONE SHALL PASS ON TO THE SECOND BROTHER IN LINE AND SO ON. IF THE KING DOES NOT HAVE A BROTHER POSSESSING THE QUALIFICATIONS REQUIRED FOR THE KING, HIS SUCCESSOR SHALL BE ELECTED FROM AMONGST THE MALE LINEAL DESCENDANTS OF HIS MAJESTY MOHAMMED NADIR SHAH, THE MARTYR. IN THIS CASE THE KING SHALL BE ELECTED BY AN ELECTORAL COLLEGE CONSISTING OF THE LOYA JIRGA (GREAT COUNCIL), THE GOVERNMENT, AND THE JUSTICES OF THE SUPREME COURT. THIS ELECTORAL COLLEGE SHALL BE SUMMONED BY THE PRIME MINISTER, IN THE CASE OF THE DEATH OF THE KING WITHIN FIFTEEN DAYS FROM THE DATE OF THE DEMISE AND IN THE CASE OF ABDICATION WITHIN SEVEN DAYS FROM THE DATE WHEN THE KING'S ABDICATION BECOMES EFFECTIVE. THE DECISION OF THIS ELECTORAL COLLEGE SHALL BE BY A MAJORITY OF VOTES OF THE MEMBERS PRESENT AND SHALL BE CONSIDERED EFFECTIVE UPON THE CONSENT OF THE PERSON CHOSEN AS THE KING. THE MINISTER OF COURT SHALL ACT AS REGENT FROM THE TIME OF THE DEATH OF THE KING OR THE VALIDATION OF HIS ABDICATION UNTIL THE ELECTION OF HIS SUCCESSOR. ARTICLE 20 THE KING SHALL, WHEN HE DECIDES TO TRAVEL OUT OF THE COUNTRY, APPOINT ONE OR MORE PERSONS TO ACT AS HIS REGENT OR REGENTS. THIS PERSON OR PERSONS SHALL, DURING THE ABSENCE OF THE KING AND ON HIS BEHALF, DISCHARGE THE ROYAL FUNCTIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND WITHIN THE LIMITS OF THE AUTHORITY DELEGATED TO HIM OR THEM BY THE KING. THE FOLLOWING PERSONS SHALL NOT BE APPOINTED AS REGENT:

1) THE PRIME MINISTER 2) THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) 3) THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) 4) THE CHIEF JUSTICE ARTICLE 21 IN CASE THE KING DIES BEFORE HIS SUCCESSOR HAS COMPLETED TWENTY YEARS OF LIFE, THE QUEEN SHALL ACT AS REGENT UNTIL HIS SUCCESSOR REACHES THE STIPULATED AGE. IN CASE THE QUEEN BE NOT LIVING, THE ELECTORAL COLLEGE, PROVIDED UNDER ARTICLE 19 OF THIS CONSTITUTION, SHALL ELECT SOMEONE FROM AMONGST THE MALE LINEAL DESCENDANTS OF HIS MAJESTY MOHAMMED NADIR SHAH, THE MARTYR, TO ACT AS REGENT. ARTICLE 22 WHENEVER THE KING ABDICATES AND HIS SUCCESSOR HAS NOT COMPLETED TWENTY YEARS OF LIFE, THE ELECTORAL COLLEGE, PROVIDED UNDER ARTICLE 19 SHALL ELECT SOMEONE FROM AMONGST THE MALE LINEAL DESCENDANTS OF HIS MAJESTY MOHAMMED NADIR SHAH, THE MARTYR, TO ACT AS REGENT UNTIL THE SUCCESSOR REACHES THE STIPULATED AGE. ARTICLE 23 THE REGENT OF THE KING MUST POSSESS THE QUALIFICATIONS SPECIFIED IN ARTICLE 8. THE REGENT SHALL PERFORM THE ROYAL FUNCTIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. IN THE CASE OF THE QUEEN ACTING AS REGENT, THE EXERCISE OF THE AUTHORITY DESCRIBED IN SECTION TWO OF ARTICLE 9, SHALL TAKE PLACE WITH THE ADVICE OF THE GOVERNMENT. THE REGENT, DURING THE TENURE OF HIS OFFICE, CANNOT ENGAGE IN ANY OTHER PROFESSION. THE PERSON ELECTED AS REGENT BE VIRTUE OF ARTICLES 21 AND 22 OF THIS CONSTITUTION SHALL NEVER BE ELECTED AS THE KING OF AFGHANISTAN. DURING THE PERIOD OF REGENCY, THE PROVISIONS RELATING TO SUCCESSION UNDER THE TITLE 'KING' OF THIS CONSTITUTION SHALL NOT BE AMENDED. ARTICLE 24 THE ROYAL HOUSE IS COMPOSED OF THE SONS, THE DAUGHTERS, THE BROTHERS AND THE SISTERS OF THE KING AND THEIR HUSBANDS, WIVES, SONS AND DAUGHTERS; AND THE PATERNAL UNCLES AND THE SONS OF THE PATERNAL UNCLES OF THE KING. IN THE OFFICIAL PROTOCOL OF THE SATE, THE ROYAL HOUSE COMES AFTER THE KING AND THE QUEEN. THE EXPENDITURE OF THE ROYAL HOUSE SHALL BE FIXED IN THE BUDGET OF THE ROYAL EXPENSES. TITLES OF NOBILITY ARE EXCLUSIVELY CONFINED TO THE ROYAL HOUSE AND SHALL BE ASSIGNED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. MEMBERS OF THE ROYAL HOUSE SHALL NOT PARTICIPATE IN POLITICAL PARTIES, AND SHALL NOT HOLD THE FOLLOWING OFFICES: 1) 2) PRIME MEMBER MINISTER THE OR SHURA MINISTER (PARLIAMENT)

OF

3) JUSTICE OF THE SUPREME COURT MEMBERS OF THE ROYAL HOUSE SHALL MAINTAIN THEIR STATUS AS MEMBERS OF THE ROYAL HOUSE AS LONG AS THEY LIVE. TITLE THREE THE BASIC RIGHTS AND DUTIES OF THE PEOPLE ARTICLE 25 THE PEOPLE OF AFGHANISTAN, WITHOUT ANY DISCRIMINATION OR PREFERENCE, HAVE EQUAL RIGHTS AND OBLIGATIONS BEFORE THE LAW. ARTICLE 26 LIBERTY IS THE NATURAL RIGHT OF THE HUMAN BEING. THIS RIGHT HAS NO LIMITATIONS EXCEPT THE LIBERTY OF OTHERS AND PUBLIC INTEREST AS DEFINED BY THE LAW. THE LIBERTY AND DIGNITY OF THE HUMAN BEING ARE INVIOLABLE AND INALIENABLE. THE STATE HAS THE DUTY TO RESPECT AND PROTECT THE LIBERTY AND DIGNITY OF THE INDIVIDUAL. NO DEED IS CONSIDERED A CRIME EXCEPT BY VIRTUE OF A LAW IN FORCE BEFORE ITS COMMISSION. NO ONE MAY BE PUNISHED EXCEPT BY THE ORDER OF A COMPETENT COURT RENDERED AFTER AN OPEN TRIAL HELD IN THE PRESENCE OF THE ACCUSED. NO ONE MAY BE PUNISHED EXCEPT UNDER THE PROVISIONS OF A LAW THAT HAS COME INTO EFFECT BEFORE THE COMMISSION OF THE OFFENSE WITH WHICH THE ACCUSED IS CHARGED. NO ONE MAY BE PURSUED OR ARRESTED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. NO ONE MAY BE DETAINED EXCEPT ON ORDER OF A COMPETENT COURT, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. INNOCENCE IS THE ORIGINAL STATE; THE ACCUSED IS CONSIDERED TO BE INNOCENT UNLESS FOUND GUILTY BY A FINAL JUDGMENT OF A COURT OF LAW. CRIME IS A PERSONAL DEED. PURSUIT, ARREST OR DETENTION OF THE ACCUSED AND THE EXECUTION OF SENTENCE AGAINST HIM DOES NOT AFFECT ANY OTHER PERSON. TORTURING A HUMAN BEING IS NOT PERMISSIBLE. NO ONE CAN TORTURE OR ISSUE ORDERS TO TORTURE A PERSON EVEN FOR THE SAKE OF DISCOVERING FACTS, EVEN IF THE PERSON INVOLVED IS UNDER PURSUIT, ARREST OR DETENTION OR IS CONDEMNED TO A SENTENCE. IMPOSING PUNISHMENT INCOMPATIBLE WITH HUMAN DIGNITY IS NOT PERMISSIBLE. A STATEMENT OBTAINED FROM AN ACCUSED OR ANY OTHER PERSON BY COMPULSION IS NOT VALID. CONFESSION OF A CRIME MEANS THE ADMISSION MADE BY AN ACCUSED WILLINGLY AND IN FULL POSSESSION OF HIS SENSES BEFORE A COMPETENT COURT WITH REGARD TO THE COMMISSION OF A CRIME LEGALLY ATTRIBUTED TO HIM. EVERY PERSON HAS THE RIGHT TO APPOINT DEFENSE COUNSEL FOR THE REMOVAL OF A CHARGE LEGALLY ATTRIBUTED TO HIM. INDEBTEDNESS OF ONE TO ANOTHER CANNOT CAUSE DEPRIVATION OR CURTAILMENT OF THE LIBERTY OF THE DEBTOR. THE WAYS AND MEANS OF RECOVERING DEBT SHALL BE SPECIFIED IN THE LAW. EVERY AFGHAN IS ENTITLED TO TRAVEL WITHIN THE TERRITORY OF THE STATE AND SETTLE ANYWHERE EXCEPT IN AREAS PROHIBITED BY THE LAW. SIMILARLY, EVERY AFGHAN HAS A RIGHT TO TRAVEL OUTSIDE OF AFGHANISTAN AND RETURN TO AFGHANISTAN ACCORDING TO THE PROVISIONS OF THE LAW. NO AFGHAN SHALL BE SENTENCED TO BANISHMENT FROM AFGHANISTAN OR WITHIN ITS TERRITORY.

ARTICLE 27 NO AFGHAN ACCUSED OF A CRIME CAN BE EXTRADITED TO A FOREIGN STATE. ARTICLE 28 A PERSON'S RESIDENCE IS INVIOLABLE. NO ONE, INCLUDING THE STATE CAN ENTER OR SEARCH A RESIDENCE WITHOUT THE PERMISSION OF THE RESIDENT OR THE ORDERS OF A COMPETENT COURT AND IN ACCORDANCE WITH THE CONDITIONS AND PROCEDURE SPECIFIED BY THE LAW. IN CASES OF WITNESSED CRIMES THE RESPONSIBLE OFFICER CAN ENTER OR SEARCH THE RESIDENCE OF A PERSON WITHOUT THE PERMISSION OF THE RESIDENT OR THE PRIOR WRIT OF THE COURT ON HIS PERSONAL RESPONSIBILITY. THE OFFICER IS BOUND TO GET THE ORDER OF THE COURT WITHIN THE TIME LIMIT SET BY THE LAW AFTER HIS ENTRY INTO THE HOUSE OR ITS SEARCH. ARTICLE 29 PROPERTY IS INVIOLABLE. NO ONE'S PROPERTY CAN BE CONFISCATED EXCEPT IN ACCORDANCE WITH THE PROVISION OF THE LAW AND THE DECISION OF A COMPETENT COURT. EXPROPRIATION IS ALLOWED ONLY FOR SECURING PUBLIC INTEREST, AGAINST AN ADVANCE EQUITABLE COMPENSATION, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. NO ONE SHALL BE PROHIBITED FROM ACQUIRING PROPERTY AND EXERCISING THE RIGHT OF OWNERSHIP OF THE SAME, WITHIN THE LIMITATIONS OF THE LAW. THE WAYS OF UTILIZING PROPERTY SHALL BE REGULATED AND GUIDED BY THE LAW, FOR SECURING THE PUBLIC INTEREST. INVESTIGATIONS AND DECLARATIONS OF A PERSON'S PROPERTY CAN BE MADE ONLY IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. FOREIGN STATES AND NATIONALS ARE NOT ENTITLED TO OWN IMMOVABLE PROPERTY IN AFGHANISTAN. SUBJECT TO THE APPROVAL OF THE GOVERNMENT, IMMOVABLE PROPERTY MAY BE SOLD TO THE DIPLOMATIC MISSIONS OF FOREIGN STATES ON A RECIPROCAL BASIS AND ALSO TO THOSE INTERNATIONAL ORGANIZATIONS TO WHICH THE STATE OF AFGHANISTAN IS A MEMBER. ARTICLE 30 THE FREEDOM AND SECRECY OF PEOPLE'S COMMUNICATIONS, WHETHER BY WRITING, TELEPHONE, TELEGRAPH OR OTHER MEDIUM, ARE INVIOLABLE. THE STATE HAS NO RIGHT TO SEARCH PERSONAL COMMUNICATIONS EXCEPT BY THE ORDER OF A COMPETENT COURT AND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. IN URGENT CASES, DEFINED BY THE LAW, THE OFFICIAL RESPONSIBLE CAN SEARCH COMMUNICATIONS ON HIS RESPONSIBILITIES, WITHOUT THE PRIOR PERMISSION OF THE COURT. THE OFFICIAL CONCURRENTLY IS BOUND TO OBTAIN, AFTER THE SEARCH, THE DECISION OF THE COURT WITHIN THE TIME LIMIT SET UNDER THE LAW. ARTICLE 31 FREEDOM OF THOUGHT AND EXPRESSION IS INVIOLABLE. EVERY AFGHAN HAS THE RIGHT TO EXPRESS HIS THOUGHTS IN SPEECH, IN WRITING, IN PICTURES AND BY OTHER MEANS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. EVERY AFGHAN HAS THE RIGHT TO PRINT AND PUBLISH IDEAS IN ACCORDANCE WITH THE

PROVISIONS OF THE LAW, WITHOUT SUBMISSION IN ADVANCE TO THE AUTHORITIES OF THE STATE. THE PERMISSION TO ESTABLISH AND OWN PUBLIC PRINTING HOUSES AND TO ISSUE PUBLICATIONS IS GRANTED ONLY TO THE CITIZENS AND THE STATE OF AFGHANISTAN, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE ESTABLISHMENT AND OPERATION OF PUBLIC RADIO TRANSMISSION AND TELECASTING IS THE EXCLUSIVE RIGHT OF THE STATE. ARTICLE 32 AFGHAN CITIZENS HAVE THE RIGHT TO ASSEMBLE UNARMED, WITHOUT PRIOR PERMISSION OF THE STATE, FOR THE ACHIEVEMENT OF LEGITIMATE AND PEACEFUL PURPOSES, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. AFGHAN CITIZENS HAVE THE RIGHT TO ESTABLISH, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, ASSOCIATIONS FOR THE REALIZATION OF MATERIAL OR SPIRITUAL PURPOSES. AFGHAN CITIZENS HAVE THE RIGHT TO FORM POLITICAL PARTIES, IN ACCORDANCE WITH THE TERMS OF THE LAW, PROVIDED THAT: 1) THE AIMS AND ACTIVITIES OF THE PARTY AND THE IDEAS OF WHICH THE ORGANIZATION OF THE PARTY IS BASED ARE NOT OPPOSED TO THE VALUES EMBODIED IN THIS CONSTITUTION. 2) THE ORGANIZATION AND FINANCIAL RESOURCES OF THE PARTY ARE OPEN. A PARTY FORMED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW CANNOT BE DISSOLVED WITHOUT DUE PROCESS OF THE LAW AND THE ORDER OF THE SUPREME COURT. ARTICLE 33 ANYONE WHO, WITHOUT DUE CAUSE, SUFFERS DAMAGE FROM THE ADMINISTRATION IS ENTITLED TO COMPENSATION AND MAY FILE A SUIT IN A COURT FOR ITS RECOVERY. THE STATE CANNOT, EXCEPT IN CASES SPECIFIED BY THE LAW, RESORT TO THE RECOVERY OF ITS DUES WITHOUT THE ORDER OF A COMPETENT COURT. ARTICLE 34 EDUCATION IS THE RIGHT OF EVERY AFGHAN AND SHALL BE PROVIDED FREE OF CHARGE BY THE STATE AND CITIZENS OF AFGHANISTAN. THE AIM OF THE STATE IS TO REACH A STAGE WHERE SUITABLE FACILITIES FOR EDUCATION WILL BE MADE AVAILABLE TO ALL AFGHANS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE GOVERNMENT IS OBLIGED TO PREPARE AND IMPLEMENT A PROGRAM FOR BALANCED AND UNIVERSAL EDUCATION IN AFGHANISTAN. IT IS THE DUTY OF THE STATE TO GUIDE AND SUPERVISE EDUCATION. PRIMARY EDUCATION IS COMPULSORY FOR ALL CHILDREN IN AREAS WHERE FACILITIES FOR THIS PURPOSE ARE PROVIDED BY THE STATE. THE STATE ALONE HAS THE RIGHT AND DUTY TO ESTABLISH AND ADMINISTER THE INSTITUTIONS OF PUBLIC AND HIGHER LEARNING. OUTSIDE THIS SPHERE, AFGHAN NATIONALS ARE ENTITLED TO ESTABLISH TECHNICAL AND LITERACY SCHOOLS. CONDITIONS FOR THE ESTABLISHMENT OF SUCH SCHOOLS, THEIR CURRICULA AND THE CONDITIONS OF LEARNING IN SUCH SCHOOLS ARE TO BE DETERMINED BY LAW. THE GOVERNMENT MAY GRANT PERMISSION, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, TO FOREIGN PERSONS TO ESTABLISH PRIVATE

SCHOOLS FOR THE EXCLUSIVE USE OF FOREIGNERS. ARTICLE 35 IT IS THE DUTY OF THE STATE TO PREPARE AND IMPLEMENT AN EFFECTIVE PROGRAM FOR THE DEVELOPMENT AND STRENGTHENING OF THE NATIONAL LANGUAGE, PASHTU. ARTICLE 36 IT IS THE DUTY OF THE STATE TO PROVIDE, WITHIN THE LIMITS OF ITS MEANS, BALANCED FACILITIES FOR THE PREVENTION AND TREATMENT OF DISEASES FOR ALL AFGHANS. THE WILL OF THE STATE IN THIS REGARD IS TO REACH A STAGE WHERE SUITABLE MEDICAL FACILITIES WILL BE MADE AVAILABLE TO ALL AFGHANS. ARTICLE 37 WORK IS THE RIGHT AND PRECEPT OF EVERY AFGHAN WHO THE CAPABILITY TO DO IT. THE MAIN PURPOSE OF LAWS DESIGNED TO SYSTEMATIZE LABOR IS TO REACH A STAGE WHERE THE RIGHTS AND INTERESTS OF ALL CATEGORIES OF LABORERS ARE PROTECTED, SUITABLE CONDITIONS OF WORK ARE PROVIDED AND THE RELATIONS BETWEEN THE WORKERS AND EMPLOYERS ARE ORGANIZED ON A JUST AND PROGRESSIVE BASIS. THE CITIZENS OF AFGHANISTAN ARE ADMITTED TO THE SERVICE OF THE STATE ON THE BASIS OF THEIR QUALIFICATIONS AND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. WORK AND TRADE MAY BE FREELY CHOSEN, WITHIN THE CONDITIONS DETERMINED BY THE LAW. FORCED LABOR EVEN FOR THE BENEFIT OF THE STATE IS NOT PERMISSIBLE. THE PROHIBITION OF FORCED LABOR SHALL NOT BE SO CONSTRUED AS TO AFFECT THE IMPLEMENTATION OF THE LAWS GOVERNING THE ORGANIZATION OF COLLECTIVE WORK FOR THE PUBLIC INTEREST. ARTICLE 38 EVERY AFGHAN IS BOUND TO PAY TAX AND DUTY TO THE STATE. NO DUTY OR TAX OF ANY KIND SHALL BE LEVIED WITHOUT THE PROVISIONS OF THE LAW. THE RATE OF TAX AND DUTY AS WELL AS THE METHOD OF PAYMENT SHALL BE DETERMINED BY LAW WITH CONSIDERATION FOR SOCIAL JUSTICE. THE PROVISIONS OF THIS ARTICLE ARE APPLICABLE TO FOREIGN PERSONS AS WELL. ARTICLE 39 IT IS THE SACRED DUTY OF ALL CITIZENS OF AFGHANISTAN TO DEFEND THEIR COUNTRY. ALL CITIZENS OF AFGHANISTAN ARE BOUND TO PERFORM MILITARY SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE 40 IT IS THE DUTY OF ALL THE PEOPLE OF AFGHANISTAN TO FOLLOW THE PROVISIONS OF THE CONSTITUTION; TO BEAR LOYALTY TO THE KING AND RESPECT HIM; TO OBEY LAWS; TO HAVE DUE CONSIDERATION FOR PUBLIC ORDER AND PIECE; TO PROTECT THE INTERESTS OF THE HOMELAND AND TO PARTICIPATE IN THE NATIONS

LIFE. TITLE FOUR THE SHURA (PARLIAMENT) ARTICLE 41 THE SHURA (PARLIAMENT) IN AFGHANISTAN MANIFESTS THE WILL OF THE PEOPLE AND REPRESENTS THE WHOLE OF THE NATION. THE PEOPLE OF AFGHANISTAN PARTICIPATE THROUGH THE SHURA (PARLIAMENT) IN THE POLITICAL LIFE OF THE COUNTRY. ALTHOUGH ELECTED FROM A PARTICULAR CONSTITUENCY EACH MEMBER OF THE SHURA (PARLIAMENT) SHALL AT THE TIME OF EXPRESSING HIS OPINION, TAKE THE GENERAL INTEREST OF THE WHOLE OF AFGHANISTAN AS THE BASIS FOR HIS JUDGMENT. ARTICLE 42 THE SHURA (PARLIAMENT) CONSISTS OF TWO HOUSES: 1) WOLESI JIRGA (HOUSE 2) MESHRANO JIRGA (HOUSE OF THE ELDERS) ARTICLE 43 MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) SHALL BE ELECTED BY THE PEOPLE OF AFGHANISTAN IN A FREE, UNIVERSAL, SECRET AND DIRECT ELECTION, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. FOR THIS PURPOSE AFGHANISTAN SHALL BE DIVIDED INTO ELECTORAL CONSTITUENCIES, THE NUMBER AND LIMITS OF WHICH ARE FIXED BY THE LAW. EACH CONSTITUENCY SHALL RETURN ONE MEMBER. THE CANDIDATE WHO OBTAINS THE LARGEST NUMBER OF VOTES CAST IN HIS CONSTITUENCY, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, SHALL BE RECOGNIZED AS THE REPRESENTATIVE OF THAT CONSTITUENCY. ARTICLE 44 MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) SHALL BE ELECTED FOR A PERIOD OF FOUR YEARS, WHICH IS ONE TERM OF THE LEGISLATURE. WHENEVER THE SHURA (PARLIAMENT) IS DISSOLVED, IN ACCORDANCE WITH THE PROVISIONS OF THE CONSTITUTION, A NEW WOLESI JIRGA (HOUSE OF THE PEOPLE) SHALL BE ELECTED FOR ANOTHER LEGISLATIVE TERM. HOWEVER, THE TERMINATION DATE OF THE OUTGOING HOUSE IS SO REGULATED THAT THE ENSUING SESSION OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) COMMENCES ON THE DATE STIPULATED IN ARTICLE 59. ARTICLE 45 MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) SHALL BE NOMINATED AND ELECTED AS FOLLOWS: 1) ONE THIRD OF THE MEMBERS SHALL BE APPOINTED BY THE KING FOR A PERIOD OF THE PEOPLE)

OF FIVE YEARS FROM AMONGST WELL INFORMED AND EXPERIENCED PERSONS. 2) THE REMAINING TWO THIRDS OF THE MEMBERS SHALL BE ELECTED AS FOLLOWS: A) EACH PROVINCIAL COUNCIL SHALL ELECT ONE OF ITS MEMBERS TO THE MESHRANO JIRGA (HOUSE OF THE ELDERS) FOR A PERIOD OF THREE YEARS. B) THE RESIDENTS OF EACH PROVINCE SHALL ELECT ONE PERSON FOR A PERIOD OF FOUR YEARS BY A FREE, UNIVERSAL, SECRET AND DIRECT ELECTION. ARTICLE 46 QUALIFICATIONS FOR VOTERS SHALL BE SPECIFIED IN THE ELECTORAL LAW. PERSONS APPOINTED OR ELECTED FOR MEMBERSHIP IN THE SHURA (PARLIAMENT) MUST MEET THE FOLLOWING REQUIREMENTS IN ADDITION TO THEIR QUALIFICATIONS AS VOTERS: 1) MUST HAVE ACQUIRED AFGHAN NATIONALITY AT LEAST TEN YEARS PRIOR TO THE DATE OF NOMINATION OR ELECTION. 2) MUST NOT HAVE BEEN PUNISHED BY A COURT WITH DEPRIVATION OF POLITICAL RIGHTS AFTER THE PROMULGATION OF THIS CONSTITUTION. 3) MUST BE ABLE TO READ AND WRITE. 4) MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MUST HAVE COMPLETED THE AGE OF 25 AT THE TIME OF THE ELECTION AND THOSE OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) THE AGE OF 30 AT THE TIME OF THEIR NOMINATION OR ELECTION. ARTICLE 47 THE HEAD AND MEMBERS OF THE GOVERNMENT, JUDGES, OFFICERS AND MEMBERS OF THE ARMED FORCES, OFFICIALS AND OTHER PERSONNEL OF THE ADMINISTRATION CANNOT BE APPOINTED OR ELECTED TO THE SHURA (PARLIAMENT) WHILE THEY ARE IN SERVICE. ARTICLE 48 NO PERSON CAN BE A MEMBER OF BOTH HOUSES SIMULTANEOUSLY. ARTICLE 49 ELECTIONS SHALL BE GOVERNED BY THE ELECTORAL LAW SUBJECT TO THE PROVISIONS OF THE CONSTITUTION. NO BILL TO AMEND THE ELECTORAL LAW MAY BE ENTERTAINED ON THE AGENDA OF EITHER HOUSE OF THE SHURA (PARLIAMENT) DURING THE LAST TWO YEARS OF THE LEGISLATIVE TERM OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE). ARTICLE 50 DOCUMENTS OF MEMBERSHIP ARE AUTHENTICATED IN EACH HOUSE BY THE HOUSE ITSELF. THE PROCEDURE OF AUTHENTICATION SHALL BE SPECIFIED IN THE RULES OF PROCEDURE OF THE HOUSE CONCERNED.

ARTICLE 51 NO LEGAL PROCEEDINGS CAN BE BROUGHT AGAINST A MEMBER OF THE SHURA (PARLIAMENT) FOR EXPRESSING AN OPINION OR IDEA WHILE PERFORMING HIS DUTY INSIDE OR OUTSIDE THE SHURA (PARLIAMENT). WHENEVER A MEMBER OF THE SHURA (PARLIAMENT) IS ACCUSED OF AN OFFENSE, THE OFFICIAL RESPONSIBLE SHALL COMMUNICATE THE MATTER TO THE HOUSE OF WHICH THE ACCUSED IS A MEMBER. THE LEGAL PROCEEDINGS AGAINST THE ACCUSED SHALL BE INITIATED WHEN THE HOUSE VOTES ITS APPROVAL BY A TWO THIRDS MAJORITY OF ITS MEMBERS. THE HOUSE CAN ALSO RESCIND ITS PERMISSION BY A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS. IN THE CASE OF A WITNESSED CRIME THE OFFICIAL RESPONSIBLE CAN START LEGAL PROCEEDINGS AND ARREST A MEMBER OF THE SHURA (PARLIAMENT) WITHOUT THE PERMISSION OF THE HOUSE TO WHICH HE BELONGS. WHENEVER LEGAL PROCEEDINGS DEMAND THE DETENTION OF THE ACCUSED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, THE OFFICIAL RESPONSIBLE IS BOUND TO COMMUNICATE THE MATTER IMMEDIATELY TO THE HOUSE CONCERNED, AND WITH ITS PERMISSION MAY DETAIN THE ACCUSED. IN CASE THE ACCUSATION OCCURS DURING THE PERIOD WHERE THE HOUSE IS NOT IN SESSION, PERMISSION FOR DETENTION SHALL BE OBTAINED FROM THE EXECUTIVE COUNCIL OF THE HOUSE. THE DECISION OF THE EXECUTIVE COUNCIL SHALL BE PLACED BEFORE THE HOUSE AT ITS NEXT SESSION FOR APPROPRIATE ACTION. ARTICLE 52 MEMBERS OF THE SHURA (PARLIAMENT) CANNOT UNDERTAKE ANY OTHER PROFESSION. THIS RULE DOES NOT APPLY TO AGRICULTURE AND OTHER FREE ENTERPRISES. ARTICLE 53 SUITABLE SALARIES SHALL BE FIXED IN ACCORDANCE WITH THE LAW FOR MEMBERS OF SHURA (PARLIAMENT). ARTICLE 54 EVERY MEMBER OF SHURA (PARLIAMENT) IS ENTITLED TO EXPRESS HIS VIEWS ON THE SUBJECT OF DEBATE IN HIS HOUSE, IN ACCORDANCE WITH THE RULES OF PROCEDURE. ARTICLE 55 THE TWO HOUSES MEET SEPARATELY BUT AT THE SAME TIME. THE MESHRANO JIRGA (HOUSE OF THE ELDERS) CAN HOLD EXTRAORDINARY SESSIONS TO STUDY THE BUDGET PROPOSALS OF THE STATE DURING THE TIME WHEN THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IS ADJOURNED. A JOINT SESSION OF THE TWO HOUSES OF SHURA (PARLIAMENT) IS HELD WHEN THE KING INAUGURATES THE NEW SHURA (PARLIAMENT) OR ADDRESSES THE ANNUAL SESSION OF THE SHURA (PARLIAMENT). ARTICLE 56 THE MEMBERS OF THE GOVERNMENT MAY ATTEND THE MEETINGS OF BOTH HOUSES OF SHURA (PARLIAMENT). EACH HOUSE MAY DEMAND THE PRESENCE OF THE HEAD OR

MEMBERS OF THE GOVERNMENT AT ITS MEETINGS. ARTICLE 57 DEBATES IN BOTH HOUSES ARE OPEN EXCEPT WHEN THE GOVERNMENT, THE PRESIDENT OF THE HOUSE OR AT LEAST TEN MEMBERS REQUEST A SECRET SESSION, AND THE HOUSE GRANTS ITS APPROVAL. THE HOUSE CAN, WITH A TWO THIRDS MAJORITY OF THE MEMBERS, CONVENE SECRET PROCEEDINGS INTO OPEN DEBATE. THE PROCEEDINGS OF BOTH HOUSES OF SHURA (PARLIAMENT) ARE RECORDED. NOBODY MAY ENTER THE MEETING PLACE OF THE SHURA (PARLIAMENT) BY FORCE. VIOLATORS SHALL BE PUNISHED ACCORDING TO THE LAW. ARTICLE 58 EXCEPT IN CASES CLEARLY DEFINED IN THIS CONSTITUTION, DECISIONS IN EACH HOUSE SHALL BE MADE BY A MAJORITY VOTE OF THE MEMBERS PRESENT. ARTICLE 59 EACH HOUSE OF SHURA (PARLIAMENT) HOLDS ONE ORDINARY SESSION PER YEAR, WHICH OPENS ON THE 22ND OF MEEZAN. THE NUMBER OF ANNUAL SESSIONS CAN BE INCREASED BY LAW. IN SUCH CASES THE LAW SHALL REGULATE THE OPENING DATE OF THE SESSION AND ITS DURATION. THE WORKING PERIOD OF EACH HOUSE OF SHURA (PARLIAMENT) IS SEVEN MONTHS PER YEAR. THIS PERIOD MAY BE EXTENDED BY EACH HOUSE ACCORDING TO THE REQUIREMENTS OF ITS BUSINESS. DURING THE RECESS PERIOD, AN EXTRAORDINARY SESSION OF SHURA (PARLIAMENT) MAY BE SUMMONED BY THE KING; OR ON A REQUEST BY THE GOVERNMENT, THE PRESIDENT OF ONE OF THE HOUSES, OR BY ONE FIFTH OF ITS MEMBERS. THE EXTRAORDINARY SESSION OF SHURA (PARLIAMENT) ENDS BY A ROYAL DECREE ISSUED AFTER CONSULTATION WITH THE PRESIDENTS OF BOTH HOUSES. ARTICLE 60 THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) IS APPOINTED FROM AMONGST ITS MEMBERS BY THE KING. THE WOLESI JIRGA (HOUSE OF THE PEOPLE) ELECTS ONE OF ITS MEMBERS AS PRESIDENT OF THE HOUSE. EACH HOUSE ELECTS FROM AMONGST ITS MEMBERS ONE FIRST DEPUTY PRESIDENT, ONE SECOND DEPUTY PRESIDENT, ONE SECRETARY AND ONE DEPUTY SECRETARY. THE ABOVE MENTIONED PERSONS CONSTITUTE THE EXECUTIVE COUNCIL OF THE HOUSE. THE EXECUTIVE COUNCIL OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IS ELECTED AT THE OPENING OF THE LEGISLATIVE TERM WHILE THE VICE PRESIDENTS, SECRETARY AND DEPUTY SECRETARY OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) ARE ELECTED FOR ONE YEAR AT THE BEGINNING OF EACH ANNUAL SESSION. THE PRESIDENT OF EACH HOUSE CONDUCTS DEBATES IN THE HOUSE CONCERNED AND ADOPTS NECESSARY MEASURES FOR THE MAINTENANCE OF LAW AND ORDER ON THE PREMISES OF THE HOUSE. OTHER DUTIES OF THE PRESIDENT ARE DEFINED IN THE RULES OF PROCEDURE FOR THE HOUSE. IN THE ABSENCE OF THE PRESIDENT, THE FIRST DEPUTY PRESIDENT, AND IN THE ABSENCE OF THE FIRST DEPUTY PRESIDENT, THE SECOND DEPUTY PRESIDENT OFFICIATES AS PRESIDENT. THE SECRETARY OF THE HOUSE RECORDS THE PROCEEDINGS OF THE HOUSE AND SUPERVISES THE FUNCTIONS OF ITS SECRETARIAT. IN THE ABSENCE OF THE

SECRETARY THE DEPUTY SECRETARY DISCHARGES THE DUTIES OF THE SECRETARY. ARTICLE 61 EACH HOUSE APPOINTS, IN ACCORDANCE WITH ITS RULES OF PROCEDURE, COMMITTEES FOR MAKING THOROUGH AND DETAILED STUDY OF THE SUBJECTS UNDER CONSIDERATION. ARTICLE 62 EACH HOUSE FORMULATES ITS OWN RULES OF PROCEDURE. ARTICLE 63 THE SHURA (PARLIAMENT) MAY BE DISSOLVED BY ORDER OF THE KING. THE DISSOLUTION OF THE SHURA (PARLIAMENT) IS IMPERATIVE UNDER THE CONDITIONS DESCRIBED IN ARTICLE 121. THE DISSOLUTION OF THE SHURA (PARLIAMENT) ENCOMPASSES THE NON ELECTED MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS). ARTICLE 64 THE SHURA (PARLIAMENT) LEGISLATES FOR ORGANIZING THE AFFAIRS OF THE COUNTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. THERE SHALL BE NO LAW REPUGNANT TO THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM AND THE OTHER VALUES EMBODIED IN THIS CONSTITUTION. THE RATIFICATION OF INTERNATIONAL TREATIES, THE DISPATCH ABROAD OF DETACHMENTS OF AFGHAN ARMED FORCES, THE GRANT OF CONCESSIONS IMPORTANT TO THE NATIONAL ECONOMY INCLUDING MONOPOLIES, AND THE AUTHORIZATION TO ISSUE MONEY AND OBTAIN LOANS ARE WITHIN THE COMPETENCE OF THE SHURA (PARLIAMENT). CONCESSIONS WHICH ARE TO BE RATIFIED BY THE SHURA (PARLIAMENT) SHALL BE DEFINED BY THE LAW. ARTICLE 65 THE GOVERNMENT IS RESPONSIBLE TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE). ARTICLE 66 THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MAY PUT QUESTIONS TO THE GOVERNMENT. DEBATE ON THE GOVERNMENT EXPLANATION DEPENDS UPON THE DECISION OF THE HOUSE. ARTICLE 67 THE MEMBERS OF THE SHURA (PARLIAMENT) MAY ASK QUESTIONS FROM THE PRIME MINISTER OR THE MINISTERS ABOUT SPECIFIC SUBJECTS. PERSONS THUS ASKED ARE BOUND TO FURNISH A VERBAL OR WRITTEN ANSWER. THIS ANSWER SHALL NOT BE MADE SUBJECT OF DEBATE.

ARTICLE 68 THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IS COMPETENT TO APPOINT, ON PROPOSAL FROM ONE THIRD OF ITS MEMBERS, AN ENQUIRY COMMISSION TO INVESTIGATE AND STUDY THE CONDUCT OF THE GOVERNMENT AND THE ACTIONS OF THE ADMINISTRATION. THE COMPOSITION OF THE ENQUIRY COMMISSION AND ITS METHOD OF FUNCTIONING SHALL BE DEFINED IN THE RULES OF PROCEDURE OF THE HOUSE. ARTICLE 69 EXCEPTING THE CONDITIONS FOR WHICH SPECIFIC PROVISIONS HAVE BEEN MADE IN THIS CONSTITUTION, A LAW IS A RESOLUTION PASSED BY BOTH HOUSES, AND SIGNED BY THE KING. IN THE AREA WHERE NO SUCH LAW EXISTS, THE PROVISIONS OF THE HANAFI JURISPRUDENCE OF THE SHARIAAT OF ISLAM SHALL BE CONSIDERED AS LAW. ARTICLE 70 A LEGISLATIVE BILL MAY BE INTRODUCED TO THE SHURA (PARLIAMENT) BY THE GOVERNMENT OR THE MEMBERS OF THE SHURA (PARLIAMENT). BILLS RELATING TO JUDICIAL ADMINISTRATION MAY ALSO BE INTRODUCED BY THE SUPREME COURT. BILLS RELATING TO BUDGETARY AND FINANCIAL LEGISLATION MAY ONLY ORIGINATE FROM THE GOVERNMENT. ARTICLE 71 A LEGISLATIVE BILL MAY TO INTRODUCED TO EITHER OF THE TWO HOUSES BY THE GOVERNMENT OR THE SUPREME COURT. ARTICLE 72 WHEN A BILL IS INTRODUCED BY MEMBERS OF ONE OF THE TWO HOUSES, IT IS PLACED ON THE AGENDA OF THE HOUSE ONLY AFTER IT IS SUPPORTED BY AT LEAST TEN MEMBERS OF THE HOUSE CONCERNED. A BILL WHICH INVOLVES NEW FINANCIAL COMMITMENTS OR A REDUCTION IN STATE REVENUE MAY BE PLACED ON THE AGENDA OF EITHER HOUSE ON CONDITION THAT THE BILL PROVIDES FOR THE SOURCES OF FINANCING FOR THE COMPENSATION OF THE LOSS. THIS PROVISION DOES NOT APPLY TO BILLS INTRODUCED BY THE SUPREME COURT. ARTICLE 73 WHEN A BILL IS PLACED ON THE AGENDA OF EITHER OF THE TWO HOUSES, IT IS FIRST REFERRED TO THE COMMITTEE CONCERNED, AND AFTER IT HAS BEEN COMMENTED UPON BY THE COMMITTEE, THE BILL IS READ IN THE HOUSE ALONG WITH THE COMMENTS OF THE COMMITTEE, AND DEBATED UPON, FOLLOWED BY VOTING ON EACH ARTICLE. AFTER THIS THE DRAFT IS READ FOR THE SECOND TIME AND PUT BEFORE THE HOUSE FOR REJECTION OR APPROVAL AS A WHOLE. ARTICLE 74 WHEN AN ENACTMENT OF ONE HOUSE IS REJECTED BY THE OTHER, A JOINT

COMMITTEE CONSISTING OF AN EQUAL NUMBER OF MEMBERS FROM BOTH HOUSES IS SET UP, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, TO SETTLE THE DIFFERENCES. THE VERDICT OF THE COMMITTEE BECOMES EFFECTIVE AFTER IT RECEIVES THE ROYAL ASSENT. WHEN THE JOINT COMMITTEE FAILS TO RESOLVE THE DIFFERENCES, THE ENACTMENT IS CONSIDERED INVALID. IF THE ENACTMENT IS FROM THE WOLESI JIRGA (HOUSE OF THE PEOPLE), IT MAY BE APPROVED AGAIN BY A MAJORITY OF VOTES DURING THE NEXT TERM OF LEGISLATION. THE ENACTMENT, WITHOUT REFERENCE TO THE MESHRANO JIRGA (HOUSE OF THE ELDERS), THEN BECOMES LAW AFTER IT IS SIGNED BY THE KING. WHEN THE DIFFERENCES BETWEEN THE TWO HOUSES OF THE SHURA (PARLIAMENT) RELATE TO FINANCIAL BILLS AND ARE NOT RESOLVED BY THE JOINT COMMITTEE, THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MAY MOVE THE BILL AGAIN IN THE FOLLOWING SESSION AND APPROVE IT BY A MAJORITY VOTE. THIS ENACTMENT, WITHOUT REFERENCE TO THE MESHRANO JIRGA (HOUSE OF THE ELDERS), BECOMES LAW AFTER IT IS SIGNED BY THE KING. ARTICLE 75 THE STATE BUDGET IS PRESENTED TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) THROUGH THE MESHRANO JIRGA (HOUSE OF THE ELDERS) TOGETHER WITH THEIR ADVISORY COMMENTS. THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) REFERS THE BUDGET PROPOSAL, ALONG WITH THE COMMENTS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), TO THE COMMITTEE CONCERNED. AFTERWARDS, THE BUDGET PROPOSAL, TOGETHER WITH THE COMMENTS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) AND OF THE COMMITTEE CONCERNED, ARE PRESENTED TO THE HOUSE FOR CONSIDERATION AND DECISION. THIS DECISION IS NOT SUBMITTED TO THE MESHRANO JIRGA (HOUSE OF THE ELDERS) AND BECOMES EFFECTIVE AFTER IT IS SIGNED BY THE KING. THIS PROVISION ALSO APPLIES TO DISCUSSIONS ON THE DEVELOPMENT PLANS OF THE GOVERNMENT IN THE WOLESI JIRGA (HOUSE OF THE PEOPLE). WHENEVER FOR ANY REASON THE PASSAGE OF THE BUDGET DOES NOT MATERIALIZE BEFORE THE BEGINNING OF THE NEW FISCAL YEAR, THE BUDGET OF THE PREVIOUS YEAR IS APPLICABLE UNTIL THE NEW BUDGET IS ADOPTED. THE GOVERNMENT IS BOUND TO SUBMIT TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) FINAL ACCOUNTS OF THE BUDGET OF THE PREVIOUS YEAR AT LEAST ONE MONTH BEFORE THE SUBMISSION OF THE NEW BUDGET. ARTICLE 76 WHEN THE MESHRANO JIRGA (HOUSE OF THE ELDERS) DOES NOT GIVE ITS DECISION ON AN ENACTMENT REFERRED TO IT BY THE WOLESI JIRGA (HOUSE OF THE PEOPLE) WITHIN SIX MONTHS FROM THE DATE OF ITS RECEIPT, THE ENACTMENT IS CONSIDERED TO HAVE BEEN ADOPTED. IN CALCULATING THIS TIME, THE PERIOD OF ADJOURNMENT IS NOT TAKEN INTO ACCOUNT. ARTICLE 77 DURING ADJOURNMENT OR DISSOLUTION OF THE SHURA (PARLIAMENT) THE GOVERNMENT MAY FORMULATE ORDNANCES FOR REGULATING URGENT MATTERS IN RESPECT TO PARAGRAPH ONE OF ARTICLE 64. THESE ORDINANCES SHALL BECOME LAW AFTER BEING SIGNED BY THE KING. THE ORDINANCES SHALL BE SUBMITTED TO THE SHURA (PARLIAMENT) WITHIN THIRTY DAYS OF THE FIRST MEETING OF THE SHURA (PARLIAMENT). IF REJECTED THE ORDINANCES SHALL BECOME INVALID.

TITLE FIVE THE LOYA JIRGA (GREAT COUNCIL) ARTICLE 78 THE LOYA JIRGA (GREAT COUNCIL) CONSISTS OF MEMBERS OF THE (PARLIAMENT) AND THE CHAIRMAN OF THE PROVINCIAL COUNCILS. IN THE OF THE DISSOLUTION OF THE SHURA (PARLIAMENT) ITS MEMBERS RETAIN POSITION AS MEMBERS OF THE LOYA JIRGA (GREAT COUNCIL) UNTIL A NEW (PARLIAMENT) COMES INTO BEING. ARTICLE 79 SUBJECT TO THE PROVISIONS OF ARTICLES 19, 21 AND 22 OF THIS CONSTITUTION, THE LOYA JIRGA (GREAT COUNCIL) IS SUMMONED BY A ROYAL PROCLAMATION. ARTICLE 80 WHEN THE LOYA JIRGA (GREAT COUNCIL) IS IN SESSION, THE PROVISIONS OF ARTICLE 51 ARE APPLICABLE TO ITS MEMBERS. ARTICLE 81 THE DELIBERATIONS OF THE LOYA JIRGA (GREAT COUNCIL) ARE OPEN UNLESS THE GOVERNMENT OR AT LEAST TWENTY MEMBERS OF THE LOYA JIRGA (GREAT COUNCIL) REQUEST A SECRET SESSION AND THE LOYA JIRGA (GREAT COUNCIL) APPROVES THIS REQUEST. ARTICLE 82 THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE), AND IN HIS ABSENCE, THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) PRESIDES OVER THE LOYA JIRGA (GREAT COUNCIL). THE LOYA JIRGA (GREAT COUNCIL), AT ITS FIRST MEETING, ELECTS ONE OF ITS MEMBERS AS SECRETARY. ARTICLE 83 EXCEPT IN CASES CLEARLY DEFINED IN THIS CONSTITUTION, THE DECISIONS OF THE LOYA JIRGA (GREAT COUNCIL) SHALL BE BY A MAJORITY OF THE VOTES OF ITS MEMBERS PRESENT. THE PROCEDURE OF THE LOYA JIRGA (GREAT COUNCIL) SHALL BE REGULATED BY LAW, SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION. ARTICLE 84 THE LOYA JIRGA CONSTITUTION. (GREAT COUNCIL) ENJOYS THE POWERS DEFINED IN THIS SHURA EVENT THEIR SHURA

TITLE SIX THE GOVERNMENT ARTICLE 85 THE GOVERNMENT OF AFGHANISTAN CONSISTS OF THE PRIME MINISTER AND THE MINISTERS. THE PRIME MINISTER IS THE HEAD AND THE MINISTERS ARE THE MEMBERS OF THE GOVERNMENT. THE NUMBER OF MINISTERS AND THEIR FUNCTIONS SHALL BE REGULATED BY LAW. ARTICLE 86 ANY PERSON WHO, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, IS ELIGIBLE FOR ELECTION TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MAY BE APPOINTED AS THE HEAD OR MEMBER OF THE GOVERNMENT. THE HEAD OF THE GOVERNMENT SHALL BE AN AFGHAN BY BIRTH. THE HEAD AND MEMBERS OF THE GOVERNMENT MAY BE APPOINTED FROM THE MEMBERS OF THE SHURA (PARLIAMENT) OR OUTSIDE OF IT. ANY MEMBER OF THE SHURA (PARLIAMENT) APPOINTED AS THE HEAD OR A MEMBER OF THE GOVERNMENT SHALL CEASE TO BE A MEMBER OF THE SHURA (PARLIAMENT). ARTICLE 87 THE PRIME MINISTER AND THE MINISTERS PROFESSION DURING THEIR TENURE OF OFFICE. ARTICLE 88 SUITABLE SALARIES SHALL BE FIXED BY LAW FOR THE HEAD AND MEMBERS OF THE GOVERNMENT. ARTICLE 89 THE GOVERNMENT SHALL BE FORMED BY THE PERSON DESIGNATED AS PRIME MINISTER BY THE KING. THE MEMBERS AND POLICY OF THE GOVERNMENT ARE PRESENTED BY THE PRIME MINISTER TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE), WHICH, AFTER DEBATE, RESOLVES ON A VOTE OF CONFIDENCE IN THE GOVERNMENT. WHEN THE VOTE OF CONFIDENCE IS GIVEN, THE KING ISSUES A ROYAL DECREE APPOINTING THE HEAD AND MEMBERS OF THE GOVERNMENT. AFTERWARDS THE PRIME MINISTER ACQUAINTS THE MESHRANO JIRGA (HOUSE OF THE ELDERS) WITH THE POLICY OF THE GOVERNMENT. ARTICLE 90 WHENEVER A GOVERNMENT FALLS BECAUSE OF THE DEATH OR RESIGNATION OF THE PRIME MINISTER DURING THE DISSOLUTION OF THE SHURA (PARLIAMENT), A NEW GOVERNMENT SHALL BE APPOINTED BY A ROYAL DECREE. THE PRIME MINISTER SHALL INTRODUCE THE MEMBERS OF THE GOVERNMENT AND ITS POLICY TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) AT THE OPENING OF THE NEW TERM OF CANNOT ENGAGE IN ANY OTHER

SHURA (PARLIAMENT) AND SHALL ASK FOR A VOTE OF CONFIDENCE. ARTICLE 91 THE GOVERNMENT FALLS IN THE FOLLOWING CIRCUMSTANCES: 1) ON THE PRIME MINISTER'S RESIGNATION OR DEATH. 2) ON A VOTE OF NO CONFIDENCE AGAINST THE GOVERNMENT BY THE WOLESI JIRGA (HOUSE OF THE PEOPLE). 3) ON THE CHARGE OF HIGH TREASON AGAINST THE HEAD OR ALL MEMBERS OF THE GOVERNMENT, AS STIPULATED IN ARTICLE 93. 4) ON THE DISSOLUTION OF THE SHURA (PARLIAMENT). 5) ON THE TERMINATION OF THE LEGISLATIVE TERM. IN THE LAST TWO CASES, THE GOVERNMENT SHALL CEASE TO EXIST WITH THE FIRST MEETING OF THE NEW WOLESI JIRGA (HOUSE OF THE PEOPLE). IN THE CASE OF RESIGNATION OF THE PRIME MINISTER, THE GOVERNMENT CEASES TO EXIST AFTER THE ACCEPTANCE OF THE RESIGNATION BY THE KING. IN THE EVENT OF THE PRIME MINISTER'S DEATH, ONE OF THE MINISTERS, ON ORDERS FROM THE KING, DISCHARGES THE DUTIES OF PRIME MINISTER UNTIL A NEW GOVERNMENT IS FORMED. WHEN THE GOVERNMENT FALLS DUE TO THE ALLEGATION OF HIGH TREASON, UNDER THE PROVISION OF ARTICLE 93, THE PERSON APPOINTED BY THE KING AS THE PRIME MINISTER CAN CONTINUE HIS DUTIES WITHOUT RECEIVING A VOTE OF CONFIDENCE UNTIL THE FIRST MEETING OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) FOLLOWING THE DECISION OF THE LOYA JIRGA (GREAT COUNCIL) ON THE ALLEGATION. IN ALL OTHER CASES THE OUTGOING GOVERNMENT SHALL CONTINUE IN OFFICE UNTIL A NEW GOVERNMENT IS FORMED. ARTICLE 92 THE VOTE OF NO CONFIDENCE AGAINST THE GOVERNMENT SHALL BE SPECIFIC AND DIRECT. IN THE TWO LEGISLATIVE TERMS FOLLOWING THE PROMULGATION OF THIS CONSTITUTION, A VOTE OF NO CONFIDENCE AGAINST THE GOVERNMENT SHALL BE BY A TWO THIRDS MAJORITY OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) AND FOR GOVERNMENTS AFTER THAT PERIOD, BY A MAJORITY VOTE OF THE MEMBERS. ARTICLE 93 WHEN MORE THAN ONE THIRD OF THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) DEMAND THE IMPEACHMENT OF THE PRIME MINISTER OR OF A MAJORITY OF THE MEMBERS OF THE GOVERNMENT ON A CHARGE OF HIGH TREASON, AND THE WOLESI JIRGA (HOUSE OF THE PEOPLE) APPROVES THIS DEMAND BY A TWO THIRDS MAJORITY OF THE MEMBERS, THE GOVERNMENT FALLS AND A MEETING OF THE LOYA JIRGA (GREAT COUNCIL) IS CALLED TO APPOINT AN ENQUIRY COMMISSION. IF AFTER STUDYING THE REPORT OF THE COMMISSION, THE LOYA JIRGA (GREAT COUNCIL) DECIDES BY A TWO THIRDS MAJORITY VOTE OF THE MEMBERS THAT PROSECUTION IS NECESSARY, IT COMMISSIONS A MEMBER OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) TO FILE A SUIT AGAINST THE ACCUSED IN THE SUPREME COURT. THE ABOVE PROVISION SHALL ALSO APPLY TO ONE OR A FEW MINISTERS NUMBERING LESS THAN HALF WHO ARE ACCUSED OF HIGH TREASON. AS A RESULT OF THE ACCUSATION, THE ACCUSED SHALL BE RELIEVED OF HIS DUTIES

BUT THE GOVERNMENT SHALL NOT FAIL. ARTICLE 94 IMPLEMENTATION OF THE PROVISIONS OF THIS CONSTITUTION AND ALL THE LAWS, ENFORCEMENT OF THE FINAL JUDGMENTS OF THE COURTS, ADOPTION OF NECESSARY MEASURES FOR THE MAINTENANCE OF PUBLIC ORDER AND SECURITY, REGULATION OF FINANCIAL AFFAIRS OF THE STATE, PROTECTION OF PUBLIC PROPERTY, DEVELOPMENT OF THE SOCIAL, CULTURAL AND ECONOMIC CONDITION OF THE PEOPLE, PRESERVATION OF INDEPENDENCE, DEFENSE OF TERRITORIAL INTEGRITY AND PROTECTION OF THE INTERESTS AND PRESTIGE OF AFGHANISTAN IN THE INTERNATIONAL COMMUNITY ARE THE DUTIES OF THE GOVERNMENT. TO REGULATE ITS FUNCTIONS, THE GOVERNMENT SHALL MAKE REGULATIONS BASED ON LAWS. NO REGULATION SHALL BE REPUGNANT TO THE LETTER OR SPIRIT OF ANY LAW. ARTICLE 95 THE COUNCIL OF MINISTERS LAYS DOWN THE BASIC LINES OF THE POLICY OF THE GOVERNMENT AND APPROVES THOSE REGULATIONS WHICH ARE WITHIN THE COMPETENCE OF THE GOVERNMENT. THE PRIME MINISTER PRESIDES OVER THE COUNCIL OF MINISTERS, DIRECTS AND GUIDES THE ACTIVITIES OF THE GOVERNMENT AND SECURES COORDINATION IN ITS WORK. THE PRIME MINISTER IS ALSO RESPONSIBLE FOR MAINTAINING LIAISON BETWEEN THE GOVERNMENT, ON THE ONE SIDE, AND THE KING AND THE SHURA (PARLIAMENT) ON THE OTHER SIDE. THE MINISTERS DISCHARGE THEIR DUTIES, AS HEADS OF THE ADMINISTRATIVE UNITS, AND AS MEMBERS OF THE GOVERNMENT, UNDER THE ORDER AND GUIDANCE OF THE PRIME MINISTER WITHIN THE LIMITATIONS ESTABLISHED BY THIS CONSTITUTION AND THE LAWS. ARTICLE 96 THE PRIME MINISTER AND THE MINISTERS ARE COLLECTIVELY RESPONSIBLE TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) FOR THE GENERAL POLICY OF THE GOVERNMENT, AND INDIVIDUALLY FOR THEIR PRESCRIBED DUTIES. THE PRIME MINISTER AND THE MINISTERS ARE ALSO RESPONSIBLE FOR THOSE ACTIONS OF THE GOVERNMENT CONCERNING WHICH THEY OBTAIN A ROYAL DECREE, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. TITLE SEVEN THE JUDICIARY ARTICLE 97 THE JUDICIARY IS ALL INDEPENDENT ORGAN OF THE STATE AND DISCHARGES ITS DUTIES SIDE BY SIDE WITH THE LEGISLATIVE AND EXECUTIVE ORGANS. ARTICLE 98 THE JUDICIARY CONSISTS OF A SUPREME COURT AND OTHER COURTS, THE NUMBER OF WHICH SHALL BE DETERMINED BY LAW. IT IS WITHIN THE JURISDICTION OF THE JUDICIARY TO ADJUDICATE IN ALL LITIGATION BROUGHT BEFORE IT

ACCORDING TO THE RULES OF LAW, IN WHICH REAL OR LEGAL PERSONS, INCLUDING THE STATE, ARE INVOLVED EITHER AS PLAINTIFF OR DEFENDANT. UNDER NO CIRCUMSTANCES SHALL A LAW EXCLUDE FROM THE JURISDICTION OF THE JUDICIARY, AS DEFINED IN THIS TITLE, A CASE OR SPHERE, AND ASSIGN IT TO OTHER AUTHORITIES. THIS PROVISION DOES NOT PREVENT THE ESTABLISHMENT OF MILITARY COURTS; BUT THE JURISDICTION OF THESE COURTS IS CONFINED TO OFFENSES RELATED TO THE ARMED FORCES OF AFGHANISTAN. THE ORGANIZATION AND JURISDICTION OF THE MILITARY COURTS SHALL BE DETERMINED BY LAW. ARTICLE 99 THE JUDGES ARE APPOINTED BY THE KING ON THE RECOMMENDATION OF THE CHIEF JUSTICE. WHENEVER A JUDGE COMMITS AN OFFENSE, THE SUPREME COURT CONSIDERS THE CASE OF THE JUDGE, AND AFTER HEARING THE DEFENSE OF THE JUDGE CAN RECOMMEND HIS DISMISSAL TO THE KING. IN CASE THE RECOMMENDATION IS APPROVED BY THE KING, THE JUDGE IS DISMISSED FROM OFFICE. TRANSFERS, PROMOTIONS, CALLING TO ACCOUNT, AND RECOMMENDATIONS FOR RETIREMENT OF THE JUDGES ARE WITHIN THE COMPETENCE OF THE SUPREME COURT, IN ACCORDANCE WITH THE PROVISION OF THE LAW. SUITABLE SALARIES FOR THE JUDGES ARE FIXED BY LAW. JUDGES CANNOT ENGAGE IN OTHER OCCUPATIONS DURING THEIR TENURE OF OFFICE. ARTICLE 100 IN THE COURTS OF AFGHANISTAN TRIALS ARE HELD OPENLY AND EVERYONE MAY ATTEND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE COURT MAY IN EXCEPTIONAL CASES SPECIFIED IN THE LAW HOLD CLOSED TRIALS. HOWEVER, THE JUDGMENT SHALL ALWAYS BE OPENLY PROCLAIMED. THE COURTS ARE BOUND TO STATE IN THEIR JUDGMENTS THE REASONS FOR THEIR VERDICTS. ARTICLE 101 THE ENFORCEMENT OF ALL FINAL JUDGMENTS OF THE COURTS IS OBLIGATORY EXCEPT IN THE CASE OF A DEATH SENTENCE WHERE THE EXECUTION OF THE COURT DECISION IS SUBJECT TO THE KING'S SIGNATURE. ARTICLE 102 THE COURTS IN THE CASES UNDER THEIR CONSIDERATION SHALL APPLY THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE STATE. WHENEVER NO PROVISION EXISTS IN THE CONSTITUTION OR THE LAWS FOR A CASE UNDER CONSIDERATION, THE COURT SHALL, BY FOLLOWING THE BASIC PRINCIPLES OF THE HANAFI JURISPRUDENCE OF THE SHARIAAT OF ISLAM AND WITHIN THE PROVISIONS SET FORTH IN THIS CONSTITUTION, RENDER A DECISION THAT IN THEIR OPINION SECURES JUSTICE IN THE BEST POSSIBLE WAY. ARTICLE 103 INVESTIGATION OF CRIMES SHALL BE CONDUCTED, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, BY THE ATTORNEY GENERAL, WHO IS A PART OF THE EXECUTIVE ORGAN OF THE STATE.

ARTICLE 104 SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION, RULES RELATING TO THE ORGANIZATION AND THE FUNCTION OF THE COURTS, AND MATTERS CONCERNING JUDGES SHALL BE REGULATED BY LAW. THE PRINCIPAL AIM OF THESE LAWS SHALL BE THE ESTABLISHMENT OF UNIFORMITY IN JUDICIAL PRACTICE, ORGANIZATION, JURISDICTION, AND PROCEDURES OF THE COURTS. ARTICLE 105 THE SUPREME COURT CONSISTS OF NINE JUDGES APPOINTED BY THE KING. THE KING SHALL APPOINT THE MEMBERS OF THE SUPREME COURT FROM AMONGST PERSONS WHO SHALL: 1) HAVE COMPLETED 35 YEARS. 2) BE ELIGIBLE FOR ELECTION TO THE SHURA (PARLIAMENT) IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 46. 3) HAVE SUFFICIENT KNOWLEDGE OF JURISPRUDENCE, THE NATIONAL OBJECTIVES, AND THE LAWS AND LEGAL SYSTEM IN AFGHANISTAN. THE KING APPOINTS ONE OF THE JUDGES OF THE SUPREME COURT, WHOSE AGE IS NOT LESS THAN 40 AND NOT OVER 60 YEARS, AS THE CHIEF JUSTICE. THE KING CAN REVIEW THE APPOINTMENT OF THE CHIEF JUSTICE AND THE JUDGES OF THE SUPREME COURT AFTER THE LAPSE OF TEN YEARS FROM THE DATE OF THEIR APPOINTMENT TO THE SAID OFFICES. SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE 106, THE CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT SHALL NOT BE REMOVED FROM THEIR OFFICES BY ANY OTHER MEANS. EXCEPT IN THE CASE MENTIONED IN ARTICLE 106, THE CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT SHALL, AFTER THEIR TENURE IN OFFICE, ENJOY FOR THE REST OF THEIR LIVES ALL THE FINANCIAL PRIVILEGES PERTAINING TO THE TERM OF THEIR SERVICES. THE CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT SHALL NOT, AFTER THE TERMINATION OF THEIR SERVICES, BECOME PRIME MINISTER OR MEMBERS OF THE GOVERNMENT, MEMBERS OF THE SHURA (PARLIAMENT) OR GOVERNMENT OFFICIALS. THE CHIEF JUSTICE AND MEMBERS OF THE SUPREME COURT SHALL NOT PARTICIPATE IN POLITICAL PARTIES DURING OR AFTER THEIR TENURE OF OFFICE. ARTICLE 106 SHOULD MORE THAN ONE THIRD OF THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) DEMAND THE IMPEACHMENT OF THE CHIEF JUSTICE OR ONE OR MORE JUDGES OF THE SUPREME COURT ON A CHARGE OF A CRIME STEMMING FROM THE PERFORMANCE OF THEIR DUTIES, AND THE WOLESI JIRGA (HOUSE OF THE PEOPLE) APPROVE THIS DEMAND BY A MAJORITY OF TWO THIRDS OF ITS MEMBERS, THE ACCUSED IS SUSPENDED FROM OFFICE AND A MEETING OF THE LOYA JIRGA (GREAT COUNCIL) IS CALLED TO APPOINT A COMMISSION OF ENQUIRY. IF THE LOYA JIRGA (GREAT COUNCIL), AFTER STUDYING THE REPORT OF THE COMMISSION, DECIDES BY A TWO THIRDS MAJORITY OF ITS MEMBERS THAT THE PROSECUTION OF THE ACCUSED IS NECESSARY, IT SHALL APPOINT ONE OF ITS MEMBERS TO FILE A SUIT AND SHALL APPOINT A PANEL OF EIGHT PERSONS TO ACT AS A TRIBUNAL. THE TRIBUNAL, PRESIDED OVER BY THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), SHALL TRY THE ACCUSED IN ACCORDANCE WITH THE CRIMINAL PROCEDURES OF THE SUPREME COURT. THE ACCUSED, IF PROVED GUILTY, SHALL BE

DISMISSED FROM OFFICE AND PUNISHED. ARTICLE 107 THE SUPREME COURT IS THE HIGHEST JUDICIAL AUTHORITY IN AFGHANISTAN. THE SUPREME COURT REGULATES THE ORGANIZATION AND FUNCTIONS OF THE COURTS AND THE JUDICIAL AFFAIRS OF THE STATE IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE LAW. THE SUPREME COURT ADOPTS NECESSARY MEASURES TO ORGANIZE THE ADMINISTRATIVE AFFAIRS OF THE COURTS. THE BUDGET OF THE JUDICIARY IS PREPARED BY THE CHIEF JUSTICE IN CONSULTATION WITH THE GOVERNMENT AND, AFTER THE APPROVAL OF THE SUPREME COURT, IS PRESENTED BY THE GOVERNMENT TO THE SHURA (PARLIAMENT) AS A PART OF THE STATE BUDGET. THE SUPREME COURT ADMINISTERS THE BUDGET OF THE JUDICIARY. THE PROVISIONS OF THE LAW RELATING TO CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE STATE ARE APPLICABLE TO THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE JUDICIARY. HOWEVER, THEIR APPOINTMENT, PROMOTION, DISMISSAL, RETIREMENT, AND CALLING TO ACCOUNT SHALL BE WITHIN THE COMPETENCE OF THE SUPREME COURT, IN ACCORDANCE WITH THE LAW. TITLE EIGHT THE ADMINISTRATION ARTICLE 108 THE ADMINISTRATION OF AFGHANISTAN IS BASED UPON THE PRINCIPAL OF CENTRALIZATION, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. THE CENTRAL ADMINISTRATION SHALL BE DIVIDED INTO A NUMBER OF ADMINISTRATIVE UNITS EACH HEADED BY A MINISTER, AS PROVIDED IN THE LAW. THE UNIT OF LOCAL ADMINISTRATION IS THE PROVINCE. THE NUMBER, AREA, SUBDIVISIONS AND ORGANIZATION OF THE PROVINCES SHALL BE FIXED BY LAW. ARTICLE 109 IN EACH PROVINCE A PROVINCIAL COUNCIL SHALL BE FORMED. THE MEMBERS OF THE PROVINCIAL COUNCIL SHALL BE ELECTED BY THE RESIDENTS OF THE PROVINCE IN A FREE, UNIVERSAL, DIRECT AND SECRET ELECTION. THE PROVINCIAL COUNCIL SHALL ELECT ONE OF ITS MEMBERS AS CHAIRMAN. THE PROVINCIAL COUNCILS SHALL TAKE PART IN THE REALIZATION OF THE DEVELOPMENT TARGETS OF THE STATE IN THE MANNER SPECIFIED BY LAW. SIMILARLY, THE PROVINCIAL COUNCILS SHALL ADVISE THE PROVINCIAL GOVERNMENT ON MATTERS PERTAINING TO THE BETTERMENT OF THE CONDITION AND THE GENERAL DEVELOPMENT OF THE PROVINCE. THE PROVINCIAL COUNCIL SHALL DISCHARGE ITS DUTIES IN COOPERATION WITH THE PROVINCIAL GOVERNMENT. SUITABLE SALARIES FOR THE MEMBERS OF THE PROVINCIAL COUNCILS SHALL BE FIXED BY LAW. ARTICLE 110 LAWS SHALL BE FRAMED IN ACCORDANCE WITH THE PRINCIPLES OF THIS TITLE TO ORGANIZE THE WORK OF THE LOCAL ADMINISTRATION. ONE OF THE OBJECTIVES OF THESE LAWS SHALL BE THE EXTENSION OF THE COUNCILS TO THE VILLAGE LEVEL

AND THEIR EVER INCREASING PARTICIPATION IN THE LOCAL ADMINISTRATION. ARTICLE 111 MUNICIPALITIES SHALL BE ORGANIZED TO ADMINISTER THE AFFAIRS OF THE CITIES. MUNICIPAL COUNCILS SHALL BE ESTABLISHED BY FREE, UNIVERSAL, DIRECT AND SECRET ELECTION. SUBJECT TO THE PROVISIONS OF THIS TITLE, MATTERS RELATING TO THE MUNICIPALITIES SHALL BE REGULATED BY LAW. ARTICLE 112 THE FUNCTIONS OF THE ADMINISTRATION SHALL BE CARRIED OUT BY THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES. SUITABLE SALARIES SHALL BE FIXED BY LAW FOR THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES. THE RIGHTS AND DUTIES OF THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES SHALL BE REGULATED BY LAW. TITLE NINE STATE OF EMERGENCY ARTICLE 113 WHENEVER THE PRESERVATION OF INDEPENDENCE AND THE CONTINUANCE OF NATIONAL LIFE BECOME IMPOSSIBLE THROUGH THE CHANNELS PROVIDED FOR IN THIS CONSTITUTION DUE TO WAR, DANGER OF WAR, SERIOUS DISTURBANCES, OR SIMILAR CONDITIONS WHICH ENDANGER THE COUNTRY, A STATE OF EMERGENCY SHALL BE DECLARED BY THE KING. SHOULD A STATE OF EMERGENCY CONTINUE FOR MORE THAN THREE MONTHS, THE CONCURRENCE OF THE LOYA JIRGA (GREAT COUNCIL) IS IMPERATIVE FOR ITS EXTENSION. ARTICLE 114 IN A STATE OF EMERGENCY, THE KING MAY TRANSFER ALL OR PART OF THE POWERS OF THE SHURA (PARLIAMENT) TO THE GOVERNMENT. ARTICLE 115 IN A STATE OF EMERGENCY, THE GOVERNMENT, AFTER OBTAINING THE CONCURRENCE OF THE SUPREME COURT, MAY, BY ORDINANCES, SUSPEND OR IMPOSE RESTRICTIONS UPON THE FOLLOWING PROVISIONS OF THIS CONSTITUTION: 1) SECTION ONE 2) SECTION THREE 3) SECTION TWO 4) SECTION ONE 5) SECTION ONE OF ARTICLE 33. ARTICLE 116 THE KING MAY, IN A STATE OF EMERGENCY, TRANSFER THE CAPITAL TEMPORARILY OF OF OF OF ARTICLE ARTICLE ARTICLE ARTICLE 28. 29. 30. 32.

FROM THE CITY (KABUL) TO ANOTHER PLACE. ARTICLE 117 SHOULD THE LEGISLATIVE TERM OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) OR THE TERM OF OFFICE OF A PART OF THE MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) COME TO AN END DURING THE STATE OF EMERGENCY, THE KING MAY POSTPONE THE HOLDING OF NEW ELECTIONS AND EXTEND THE LEGISLATIVE TERM OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) OR THE TERM OF OFFICE OF THE SAID MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), UNTIL THE STATE OF EMERGENCY COMES TO AN END. ELECTIONS SHALL BE HELD IMMEDIATELY AFTER THE TERMINATION OF THE STATE OF EMERGENCY. ARTICLE 118 THE CONSTITUTION SHALL NOT BE AMENDED DURING A STATE OF EMERGENCY. ARTICLE 119 AT THE END OF A STATE OF EMERGENCY, THE MEASURES ADOPTED UNDER ARTICLE 115 BECOME IMMEDIATELY INVALID. MEASURES ADOPTED BY THE GOVERNMENT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 114 SHALL BE SUBMITTED TO THE SHURA (PARLIAMENT) WITHIN ONE MONTH FROM THE DATE OF ITS FIRST MEETING FOLLOWING THE END OF THE STATE OF EMERGENCY. THESE MEASURES BECOME NULL AND VOID IF THE SHURA (PARLIAMENT) REJECTS THEM. WHENEVER DURING A STATE OF EMERGENCY A GOVERNMENT HAS BEEN FORMED WHICH HAS NOT OBTAINED A VOTE OF CONFIDENCE FROM THE WOLESI JIRGA (HOUSE OF THE PEOPLE) UNDER THE PROVISION OF ARTICLE 114, A MOTION FOR A VOTE OF CONFIDENCE SHALL BE PUT IMMEDIATELY BEFORE THE WOLESI JIRGA (HOUSE OF THE PEOPLE) AFTER THE END OF THE STATE OF EMERGENCY, FOR DEBATE AND DECISION THEREON. TITLE TEN AMENDMENT ARTICLE 120 ADHERENCE TO THE BASIC PRINCIPLES OF ISLAM, CONSTITUTIONAL MONARCH IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, AND THE VALUES EMBODIED IN ARTICLE 8 SHALL NOT BE SUBJECT TO AMENDMENT. AMENDMENTS TO OTHER PROVISIONS OF THE CONSTITUTION MAY BE INITIATED BY THE COUNCIL OF MINISTERS OR ONE THIRD OF THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) OR THE MESHRANO JIRGA (HOUSE OF THE ELDERS), IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. ARTICLE 121 THE PROPOSAL FOR AMENDMENT IS DISCUSSED BY THE LOYA JIRGA (GREAT COUNCIL), AND IN CASE A MAJORITY OF THE MEMBERS APPROVES ITS NECESSITY, A COMMITTEE FROM AMONGST ITS MEMBERS SHALL BE APPOINTED TO FORMULATE THE AMENDMENT. THE COMMITTEE SHALL FORMULATE THE AMENDMENT WITH THE ADVICE OF THE COUNCIL OF MINISTERS AND THE SUPREME COURT, FOR SUBMISSION TO THE

LOYA JIRGA (GREAT COUNCIL). IN CASE THE LOYA JIRGA (GREAT COUNCIL) APPROVES THE DRAFT AMENDMENT WITH A MAJORITY VOTE OF ITS MEMBERS, IT IS SUBMITTED TO THE KING. THE KING SHALL DISSOLVE THE SHURA (PARLIAMENT), CIRCULATE THE DRAFT AMENDMENT TO THE PUBLIC AND PROCLAIM THE DATE OF THE NEW ELECTIONS. THE NEW ELECTIONS SHALL TAKE PLACE WITHIN FOUR MONTHS FROM THE DISSOLUTION OF THE SHURA (PARLIAMENT). ARTICLE 122 FOLLOWING THE OPENING OF THE SHURA (PARLIAMENT) AND THE FORMATION OF THE GOVERNMENT THE KING SUMMONS THE LOYA JIRGA (GREAT COUNCIL), WHICH, AFTER CONSIDERATION, APPROVES OR REJECTS THE TEXT OF THE DRAFT AMENDMENT. THE DECISION OF THE LOYA JIRGA (GREAT COUNCIL) IN THIS RESPECT SHALL BE BY A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS AND SHALL BE ENFORCED AFTER IT HAS BEEN SIGNED BY THE KING. TITLE ELEVEN TRANSITIONAL PROVISIONS ARTICLE 123 SUBJECT TO THE PROVISIONS OF THIS TITLE, THIS CONSTITUTION SHALL COME INTO FORCE FROM THE DATE IT IS SIGNED AND PROCLAIMED BY THE KING. ARTICLE 124 AFTER THE KING PROCLAIMS THIS CONSTITUTION, THE NATIONAL ASSEMBLY AND THE SENATE ARE CONSIDERED TO BE DISSOLVED. ARTICLE 125 THE NEW SHURA (PARLIAMENT) SHALL BE INAUGURATED ON MEEZAN 22, 1344, A. H. THE PERIOD BETWEEN THE PROCLAMATION OF THIS CONSTITUTION AND THE INAUGURATION OF THE NEW SHURA (PARLIAMENT) SHALL BE CONSIDERED THE INTERIM PERIOD. DURING THE INTERIM PERIOD, THE POWERS OF THE SHURA (PARLIAMENT) ARE TRANSFERRED TO THE GOVERNMENT. ORDINANCES ISSUED DURING THE INTERIM PERIOD, UNDER THE PROVISIONS OF THIS TITLE, SHALL BE SUBMITTED TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 77. IF DURING THE INTERIM PERIOD A SITUATION ARISES, WHICH, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, NECESSITATES THE CONVENING OF THE LOYA JIRGA (GREAT COUNCIL), THE DISSOLVED NATIONAL ASSEMBLY AND THE SENATE SHALL BE SUMMONED AND THE LOYA JIRGA (GREAT COUNCIL) CONSTITUTED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 78. IF THE PROVINCIAL COUNCILS ARE NOT IN EXISTENCE WHEN ONE OF THE ABOVE MENTIONED SITUATIONS ARISES, THE LOYA JIRGA (GREAT COUNCIL) SHALL BE CONSTITUTED WITHOUT THE CHAIRMEN OF THE PROVINCIAL COUNCILS. ARTICLE 126 THE FOLLOWING SHALL BE AMONG THE DUTIES OF THE GOVERNMENT DURING THE

INTERIM PERIOD: 1) TO PREPARE ORDINANCES RELATING TO ELECTIONS, BASIC ORGANIZATION OF THE STATE, THE PRESS, AND JUDICIAL ORGANIZATION AND JURISDICTION, AND TO SUBMIT THE SAME TO THE KING FOR HIS SIGNATURE. 2) TO PREPARE DRAFTS OF BILLS RELATING TO POLITICAL PARTIES AND PROVINCIAL COUNCILS, AND TO SUBMIT THEM TO THE SHURA (PARLIAMENT), CONVENED AFTER THE INTERIM PERIOD. 3) TO ADOPT NECESSARY MEASURES AND PREPARE THE IMPLEMENTATION OF THE PROVISIONS OF THIS CONSTITUTION. ARTICLE 127 THE SUPREME COURT SHALL COME INTO EXISTENCE ON THE 22ND DAY OF MEEZAN, 1346 A.H. IF IN THE INTERIM THE APPLICATION OF THE PROVISIONS OF ARTICLES 15, 17, 19, 21, 22, AND 115 OF THIS CONSTITUTION IS CALLED FOR, THE PROVISIONS OF THE SAID ARTICLES SHALL BE ENFORCED WITHOUT THE PARTICIPATION OF THE SUPREME COURT OR THE CHIEF JUSTICE. DURING THE TIME BETWEEN THE PROCLAMATION OF THIS CONSTITUTION AND THE ESTABLISHMENT OF THE SUPREME COURT, THE KING HAS THE AUTHORITY TO TAKE NECESSARY MEASURES FOR SECURING THE PERFORMANCE OF THE FUNCTIONS OF THE SUPREME COURT. ARTICLE 128 LAWS, ISSUED PRIOR TO THE PROCLAMATION OF THIS CONSTITUTION SHALL BE CONSIDERED EFFECTIVE PROVIDED THEY ARE NOT REPUGNANT TO THE PROVISIONS OF THIS CONSTITUTION AND ARE NOT NULLIFIED BY NEW LAWS. GROUND FOR THE

THE CONSTITUTION OF AFGHANISTAN 1976
THE CONSTITUTION OF THE REPUBLICAN STATE OF AFGHANISTAN PROMULGATION BY THE PRESIDENT OF THE REPUBLIC OF AFGHANISTAN IN THE NAME OF ALMIGHTY GOD, DESIROUS OF THE PROSPERITY OF THE NOBLE PEOPLE OF AFGHANISTAN; I MOHAMMAD DAUD, THE FIRST PRESIDENT OF THE REPUBLIC OF AFGHANISTAN, PURSUANT TO THE MANDATE UNANIMOUSLY CONFERRED UPON ME BY THE REPRESENTATIVES OF THE FIRST LOYA JIRGA OF THE REPUBLICAN STATE ON THE

BASIS OF ITS DECISION OF DALW 25TH, 1355 AH, THIS DAY, THURSDAY, HOOT 5, 1355, IN KABUL, CAPITAL OF AFGHANISTAN, SIGN THIS CONSTITUTION AND PROCLAIM ITS ENFORCEMENT. MOHAMMAD DAUD FIRST PRESIDENT OF THE REPUBLICAN STATE OF AFGHANISTAN HOOT 5TH 1355 AH IN THE NAME OF ALLAH THE COMPASSIONATE, THE MERCIFUL PREAMBLE WHEREAS NATIONS AND SOCIETIES IN THE COURSE OF HISTORY ARE IN A STATE OF CONSTANT TRANSFORMATION AND EVOLUTION; AND, WHEREAS THIS REALITY HAS BEEN EVIDENT THROUGHOUT THE COURSE OF OUR HISTORY AS A PART OF THE HUMAN SOCIETY, THEREFORE: TO SECURE AN HONORABLE EXISTENCE FOUNDED ON THE FIRM PILLARS OF JUSTICE AND COMPETENCE AND ABOUNDING IN PROSPERITY, WELFARE AND CONFIDENCE; TO SECURE THE, SACRED NATIONAL, SOCIAL, ECONOMIC, POLITICAL AND CULTURAL ASPIRATION OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352; TO STRENGTHEN AND CONSOLIDATE, EVER INCREASINGLY, NATIONAL UNITY, SECURITY, AND SOLIDARITY AND TO ENSURE SOCIAL JUSTICE AND TO ELIMINATE CONTRADICTIONS IN A POSITIVE AND PROGRESSIVE MANNER, IN ACCORDANCE WITH THE REALITIES OF HISTORY, NATIONAL CULTURE, AND THE OBJECTIVE AND SUBJECTIVE CONDITIONS PREVAILING IN OUR SOCIETY; TO RESPECT PROFOUNDLY THE GLORIOUS HISTORY AND THE PAST GRANDEUR OF THE PEOPLE OF OUR COUNTRY, AND THEIR PERSISTENT STRUGGLE FOR THE PRESERVATION OF NATIONAL IDENTITY, THE COUNTRIES'S INDEPENDENCE, AND TO FULFILL THEIR HISTORIC AND HUMAN MISSION: WITH TRUST IN ALMIGHTY GOD, AND ADHERING TO THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, AND ULTIMATELY IN ORDER TO ACHIEVE ALL THESE AIMS AND OBJECTIVES, WE THE PEOPLE OF AFGHANISTAN, REALIZING THE CONDITIONS AND REQUIREMENTS OF TIME, HAVE RESOLVED TO CONSOLIDATE OUR NATIONAL LIFE ON THE BASIS OF LIBERTY, PROGRESS, TRUTH, JUSTICE AND PEACE BASED ON THE PRINCIPLES OF BROTHERHOOD AND EQUALITY, AND TO FOUND THE PHILOSOPHY OF LIFE AND THE DESTINY OF THE PRESENT AND FUTURE GENERATIONS OF THE COUNTRY IN ACCORDANCE WITH THE FUNDAMENTAL AND ECONOMIC OBJECTIVES OF AFGHANISTAN'S NATIONAL AND PROGRESSIVE REVOLUTION OF SARATAN 26, OF THE YEAR 1352. WITH THE REALIZATION OF THESE FACTS, WE HAVE ENACTED THIS NATIONAL DOCUMENT AS THE CONSTITUTION OF OUR REPUBLICAN STATE IN ORDER TO SECURE THE PROSPERITY, THE WELFARE AND THE SPIRITUAL AND MATERIAL ADVANCEMENT OF THE NOBLE PEOPLE OF AFGHANISTAN, FOR OURSELVES AND FOR THE GUIDANCE OF FUTURE GENERATIONS. IN THE NAME OF ALLAH, THE COMPASSIONATE, THE MERCIFUL CHAPTER ONE FUNDAMENTAL OBJECTIVES

ARTICLE ONE: THE DEFENSE TERRITORIAL INTEGRITY.

OF

INDEPENDENCE,

NATIONAL

SOVEREIGNTY

AND

ARTICLE TWO: THE EXERCISE OF POWER BY THE PEOPLE, THE MAJORITY OF WHOM CONSISTS OF FARMERS, WORKERS, THE ENLIGHTENED PEOPLE AND THE YOUTH. ARTICLE THREE: TO STRENGTHEN UNITY OF THOUGHT AND ACTION FOR THE FULL PARTICIPATION OF THE PEOPLE IN THE CONSTRUCTION, AND MATERIAL AND SPIRITUAL DEVELOPMENT, OF THE COUNTRY. ARTICLE FOUR: TO SECURE INTERESTS OF THE PEOPLE. DEMOCRACY BASED ON SOCIAL JUSTICE AND THE

ARTICLE FIVE: TO RESPECT HUMAN LIBERTY AND DIGNITY AND TO ELIMINATE ALL FORMS OF TORTURE AND DISCRIMINATION. ARTICLE SIX: TO EVER REPUBLICAN ORDER. INCREASE THE STABILITY AND CONSOLIDATION OF THE

ARTICLE SEVEN: TO INSTITUTE CONSTANT, PROFOUND AND BASIC ECONOMIC AND SOCIAL CHANGES BASED ON THE PRINCIPLES AND VALUES ENSHRINED IN THIS CONSTITUTION TO SECURE THE INTERESTS OF THE MAJORITY OF THE PEOPLE OF AFGHANISTAN. ARTICLE EIGHT: THE MANIFESTATIONS. ELIMINATION OF EXPLOITATION IN ALL ITS FORMS AND

ARTICLE NINE: TO ENSURE THE RIGHT TO WORK. ARTICLE TEN: TO ENSURE AND TO GENERALIZE COMPULSORY PRIMARY EDUCATION, TO EXPAND AND DEVELOP GENERAL AND VOCATIONAL SECONDARY EDUCATION AND HIGHER EDUCATION, FREE OF CHARGE, IN ORDER TO TRAIN AND FORM ACADEMIC AND TECHNICAL CADRES TO SERVE THE PEOPLE. ARTICLE ELEVEN: TO EXPAND AND BROADEN PREVENTATIVE AND CURATIVE MEDICINE FOR THE PRESERVATION AND IMPROVEMENT OF PUBLIC HEALTH. ARTICLE TWELVE: TO RESPECT THE PRINCIPLES OF THE CHARTER OF THE UNITED NATIONS, THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND TO SUPPORT JUST PEACE. ULTIMATELY, THE FORMATION OF A PROSPEROUS AND PROGRESSIVE SOCIETY ON THE BASIS OF BROTHERHOOD, EQUALITY, COOPERATION, AND THE PRESERVATION OF HUMAN DIGNITY. CHAPTER TWO ECONOMIC PRINCIPLES ARTICLE THIRTEEN: RESOURCES SUCH AS MINE, FORESTS AND ENERGY, LARGE INDUSTRIES, COMMUNICATIONS, IMPORTANT AIR AND SURFACE TRANSPORT ESTABLISHMENTS, PORTS, BANKS, INSURANCE IMPORTANT FOOD PROCUREMENT ESTABLISHMENTS, AND ARCHAEOLOGICAL AND HISTORICAL OBJECTS ARE PART OF THE NATIONAL PROPERTY AND THEIR ADMINISTRATION SHALL BELONG TO THE STATE, IN

ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE FOURTEEN: LIMITS ON AGRICULTURAL PROPERTY SHALL BE DETERMINED AND FIXED BY THE LAND REFORM LAW. ARTICLE FIFTEEN: PRIVATE PROPERTY AND ENTERPRISES, BASED ON THE PRINCIPLES OF NON EXPLOITATION SHALL BE REGULATED BY LAW. ARTICLE SIXTEEN: COOPERATIVES, AND PRODUCTION AND CONSUMPTION COOPERATIVE COMPANIES, WITH THE PARTICIPATION OF THE PEOPLE THEREIN, SHALL BE ENCOURAGED, PROTECTED AND GUIDED BY THE GOVERNMENT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, TO ENSURE THE INTERESTS OF THE MAJORITY OF THE PEOPLE. ARTICLE SEVENTEEN: PRIVATE INVESTMENTS AND ENTERPRISES IN THE FIELD OF INTERMEDIATE, SMALL AND COTTAGE INDUSTRIES SHALL BE ENCOURAGED, PROTECTED AND GUIDED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE EIGHTEEN: THE TRADE OF THE COUNTRY, BASED ON THE PRINCIPLE OF GUIDED TRADE, SHALL BE REGULATED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW IN THE INTEREST OF THE MAJORITY OF THE PEOPLE. ARTICLE NINETEEN: TAXES SHALL BE COLLECTED ON THE BASIS OF SOCIAL JUSTICE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. CHAPTER THREE THE STATE ARTICLE TWENTY: AFGHANISTAN IS UNITARY AND INDIVISIBLE STATE. A REPUBLICAN, DEMOCRATIC, INDEPENDENT,

ARTICLE TWENTY ONE: NATIONAL SOVEREIGNTY IN AFGHANISTAN BELONGS TO THE PEOPLE. THE NATION OF AFGHANISTAN CONSISTS OF ALL THOSE INDIVIDUALS WHO HOLD THE CITIZENSHIP OF THE STATE OF AFGHANISTAN IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE WORD AFGHAN SHALL APPLY TO EACH AND EVERY INDIVIDUAL OF THE NATION OF AFGHANISTAN. ARTICLE TWENTY TWO: THE RELIGION OF AFGHANISTAN IS THE SACRED RELIGION OF ISLAM. THOSE CITIZENS WHO ARE NOT FOLLOWERS OF ISLAM SHALL BE FREE TO PERFORM THEIR RELIGIOUS RITES WITHIN THE LIMITS DETERMINED BY THE LAWS RELATING TO PUBLIC DECENCY AND PUBLIC PEACE. ARTICLE TWENTY THREE: FROM AMONGST THE LANGUAGES OF AFGHANISTAN, PASHTU AND DARI SHALL BE THE OFFICIAL LANGUAGES. ARTICLE TWENTY THREE: THE FLAG OF AFGHANISTAN CONSISTS OF BLACK, RED AND GREEN COLORS ARRANGED HORIZONTALLY IN FIXED PROPORTIONS FROM TOP DOWNWARDS WITH THE NATIONAL EMBLEM OF THE STATE AFFIXED IN ITS UPPER LEFT PORTION. THE DEFINITION AND THE PROPORTIONS FROM THE TOP DOWNWARDS WITH THE

NATIONAL EMBLEM SHALL BE REGULATED BY LAW. ARTICLE TWENTY FOUR: THE ARMED FORCES OF THE REPUBLICAN STATE OF AFGHANISTAN, LOYAL TO THE OBJECTIVES OF THE NATIONAL REVOLUTION AND ABIDING TO THE NATIONAL TRADITIONS, SHALL BE AT THE SERVICE OF THE PEOPLE UNDER THE ORDERS OF THE GOVERNMENT. IT IS THE DUTY OF THE ARMED FORCES TO DEFEND THE TERRITORY OF AFGHANISTAN AND THEY SHALL PARTICIPATE IN NATIONAL ACTIVITIES THROUGH THE HIGH COUNCIL OF THE ARMED FORCES. ARTICLE TWENTY SIX: THE ADMINISTRATION OF AFGHANISTAN IS BASED UPON THE PRINCIPLE OF CENTRALIZATION IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE CAPITAL OF AFGHANISTAN IS THE CITY OF KABUL. CHAPTER FOUR RIGHTS AND OBLIGATIONS OF THE PEOPLE ARTICLE TWENTY SEVEN: ALL THE PEOPLE OF AFGHANISTAN, BOTH WOMEN AND MEN, WITHOUT DISCRIMINATION AND PRIVILEGE, HAVE EQUAL RIGHTS AND OBLIGATIONS BEFORE THE LAW. ARTICLE TWENTY EIGHT: LIBERTY IS THE NATURAL RIGHT OF HUMAN BEINGS, UNLESS IT HARMS OR DAMAGES THE LIBERTY AND DIGNITY OF OTHERS, OR THE BENEFIT AND SECURITY OF THE PUBLIC AND THE NATIONAL INTERESTS. THIS RIGHT SHALL BE REGULATED BY LAW. ARTICLE TWENTY NINE: EVERY AFGHAN WHO ATTAINS THE AGE OF EIGHTEEN HAS THE RIGHT TO VOTE IN ACCORDANCE WITH THE PROVISION OF THE LAW. ARTICLE THIRTY: INNOCENCE IS THE ORIGINAL STATE. THE ACCUSED IS RECOGNIZED TO BE INNOCENT UNLESS FOUND GUILTY BY A FINAL JUDGMENT OF A COMPETENT COURT. NO ONE CAN BE PUNISHED EXCEPT BY THE PROVISIONS OF THE LAW IN FORCE PRIOR TO THE COMMISSION OF THE ACT WITH WHICH THE ACCUSED IS CHARGED. NO ONE CAN BE PURSUED, ARRESTED OR DETAINED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE THIRTY ONE: CRIME IS A PERSONAL DEED. THE PURSUIT, ARREST OR DETENTION OF THE ACCUSED, AND THE EXECUTION OF A SENTENCE AGAINST HIM, SHALL NOT AFFECT ANY OTHER PERSON. TORTURING, AND IMPOSING PUNISHMENT INCOMPATIBLE WITH HUMAN DIGNITY IS NOT PERMISSIBLE. EVERY PERSON HAS THE RIGHT TO APPOINT DEFENSE COUNSEL FOR THE DEFENSE OF A CHARGE LEGALLY BROUGHT AGAINST HIM. ARTICLE THIRTY TWO: THE INDEBTEDNESS OF ONE PERSON TO ANOTHER PERSON CANNOT CAUSE THE DEPRIVATION, OR LIMITATION, OF THE LIBERTY OF THE DEBTOR. THE METHOD AND MEANS OF RECOVERING DEBTS SHALL BE REGULATED BY LAW. ARTICLE THIRTY THREE: EVERY AFGHAN HAS THE RIGHT TO TRAVEL AND SETTLE ANYWHERE WITHIN THE TERRITORY OF THE COUNTRY, EXCEPT IN AREAS PROHIBITED BY THE LAW. EVERY AFGHAN ALSO HAS THE RIGHT TO TRAVEL ABROAD AND RETURN TO HIS HOMELAND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.

ARTICLE THIRTY FOUR: NO AFGHAN CAN BE SENTENCED TO EXILE WITHIN, OR OUTSIDE OF AFGHANISTAN. NO PERSON SHALL BE SENTENCED SO AS TO FORBID HIM FROM RESIDING AT A GIVEN PLACE, OR FROM MOVING THEREFROM, EXCEPT IN CIRCUMSTANCES PERMITTED BY LAW FOR ENSURING PUBLIC SECURITY AND INTERESTS. NO AFGHAN ACCUSED OF A CRIME SHALL BE EXTRADITED TO A FOREIGN STATE. ARTICLE THIRTY FIVE: THE RESIDENCE OF A PERSON IS INVIOLABLE. NO PERSON, INCLUDING TO STATE, CAN ENTER OR SEARCH A RESIDENCE OF A PERSON WITHOUT THE PERMISSION OF THE RESIDENT, OR A WARRANT OF A COMPETENT COURT, AND EXCEPT IN THE CIRCUMSTANCES AND PROCEDURES SPECIFIED BY THE LAW. IN THE CASE OF A WITNESSED CRIME, THE RESPONSIBLE OFFICIAL CAN ON HIS OWN RESPONSIBILITY, ENTER OR SEARCH A RESIDENCE OF A PERSON WITHOUT THE PERMISSION OF THE RESIDENT OR THE PRIOR PERMISSION OF THE COURT. THE OFFICIAL IS BOUND TO OBTAIN THE ORDER OF THE COURT AFTER SUCH ENTRY OR SEARCH, WITHIN THE TIME THE LAW DETERMINES. ARTICLE THIRTY SIX: PROPERTY IS INVIOLABLE. NO PERSON'S PROPERTY SHALL BE CONFISCATED WITHOUT THE PROVISION OF THE LAW AND THE DECISION OF A COMPETENT COURT. THE EXPROPRIATION OF PRIVATE PROPERTY IS PERMITTED ONLY BY VIRTUE OF THE LAW FOR THE PURPOSE OF ENSURING THE INTERESTS OF THE PUBLIC AND IN EXCHANGE FOR JUST COMPENSATION. NO PERSON SHALL BE PROHIBITED FROM ACQUIRING PROPERTY AND EXERCISING THE RIGHT OF OWNERSHIP THEREIN, EXCEPT WITHIN THE LIMITS OF THE LAW. THE WAYS OF UTILIZING PROPERTY SHALL BE REGULATED AND GUIDED BY THE LAWS FOR THE PURPOSE OF ENSURING THE INTERESTS OF THE PUBLIC. ARTICLE THIRTY SEVEN: FREEDOM AND SECRECY OF COMMUNICATIONS OF PERSONS, WHETHER IN WRITTEN FORM OR BY TELEPHONE AND TELEGRAPH, OR OTHER MEANS, ARE INVIOLABLE. THE STATE DOES NOT HAVE THE RIGHT TO SEARCH COMMUNICATIONS OF PERSONS, EXCEPT BY VIRTUE OF THE PROVISIONS OF THE LAW. IN URGENT CASES WHICH SHALL BE DEFINED BY LAW, THE RESPONSIBLE OFFICIAL, WITHOUT PRIOR PERMISSION OF THE COURT, CAN SEARCH COMMUNICATIONS ON HIS OWN RESPONSIBILITY. THE OFFICIAL IS BOUND TO OBTAIN THE ORDER OF THE COURT, AFTER CARRYING OUT SUCH A SEARCH, WITHIN THE TIME THE LAW DETERMINES. ARTICLE THIRTY EIGHT: FREEDOM OF THOUGHT AND EXPRESSION ARE INVIOLABLE. EVERY AFGHAN HAS THE RIGHT TO EXPRESS HIS THOUGHT THROUGH SPEECH, WRITING, PICTURES, OR SIMILAR MEANS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. PERMISSION AND THE RIGHT TO ESTABLISH PRINTING HOUSES, AND ISSUE PUBLICATIONS, SHALL BE GRANTED ONLY TO CITIZENS OF AFGHANISTAN IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE ESTABLISHMENT OF LARGE PRINTING HOUSES AND THE ESTABLISHMENT AND OPERATION OF PUBLIC RADIO AND TELEVISION TRANSMITTERS ARE THE EXCLUSIVE RIGHT OF THE STATE. ARTICLE THIRTY NINE: THE CITIZENS OF AFGHANISTAN HAVE THE RIGHT A ASSEMBLE FOR SECURING PERMISSIBLE AND PEACEFUL OBJECTIVES, WITHOUT CARRYING WEAPONS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE FORTY: FOR THE REFLECTION OF SOCIAL DEMANDS AND FOR THE POLITICAL EDUCATION OF THE PEOPLE OF AFGHANISTAN, UNTIL SUCH TIME AS THIS ASPIRATION IS REALIZED AND ATTAINS ITS NATURAL MATURITY, THE ONE PARTY SYSTEM LED BY THE HEZB-E-ENQELAB-E-MELI (NATIONAL REVOLUTION PARTY), WHICH IS THE FOUNDER AND VANGUARD OF THE POPULAR AND PROGRESSIVE REVOLUTION OF SARATAN

26, OF THE YEAR 1352 OF THE PEOPLE OF AFGHANISTAN, WILL PREVAIL IN THE COUNTRY. ARTICLE FORTY ONE: WORK IS THE RIGHT, HONOR, AND DUTY OF EVERY AFGHAN WHO HAS THE CAPABILITY OF DOING IT. THE MAJOR PURPOSE OF THE LAWS THAT SHALL BE PROMULGATED TO REGULATE WORK IS TO REACH THE STAGE IN WHICH THE RIGHTS AND INTERESTS OF ALL TOILERS, FARMERS, WORKERS, AND TRADES ARE PROTECTED, SUITABLE WORKING CONDITIONS PROVIDED, AND IN WHICH RELATIONS BETWEEN THE WORKER AND THE EMPLOYER ARE REGULATED ON A JUST AND PROGRESSIVE BASIS. THE CHOICE OF WORK AND VOCATION IS FREE, WITHIN THE TERMS DETERMINED BY LAW. ARTICLE FORTY TWO: CITIZENS OF AFGHANISTAN, SHALL BE ADMITTED TO THE SERVICE OF THE STATE ON THE BASIS OF MERIT, AND BY VIRTUE OF THE PROVISIONS OF THE LAW. ARTICLE FORTY THREE: THE IMPOSITION OF FORCED LABOR IS NOT PERMISSIBLE, EVEN FOR THE STATE. THE PROHIBITION OF FORCED LABOR SHALL NOT BAR THE APPLICATION OF THE LAWS THAT SHALL BE PROMULGATED FOR THE REGULATION OF COLLECTIVE ACTIVITY TO SECURE THE PUBLIC INTEREST. ARTICLE FORTY FOUR: EVERY AFGHAN IS BOUND TO PAY TAX AND DUTY TO THE STATE. NO TAX OR DUTY SHALL BE LEVIED WITHOUT THE PROVISION OF THE LAW. THE AMOUNT OF TAX AND DUTY, AND THE METHOD OF THEIR PAYMENT, SHALL BE DETERMINED BY LAW, WITH CONSIDERATION TO SOCIAL JUSTICE. THIS PROVISION SHALL ALSO APPLY TO FOREIGN PERSONS. ARTICLE FORTY FIVE: THE DEFENSE OF THE HOME LAND IS THE SACRED DUTY OF ALL CITIZENS OF AFGHANISTAN. ALL THE CITIZENS OF AFGHANISTAN ARE BOUND TO SERVE UNDER THE FLAG IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE FORTY SIX: ADHERENCE TO THE PROVISIONS OF THE CONSTITUTION, LOYALTY TO THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352 AND TO THE REPUBLICAN ORDER, RESPECT FOR THE PRESIDENT OF THE REPUBLIC, OBEDIENCE TO THE LAWS, OBSERVANCE OF PUBLIC ORDER AND SECURITY, PROTECTION OF THE INTERESTS OF THE HOMELAND, AND PARTICIPATION IN THE NATIONAL LIFE IS THE DUTY OF ALL PEOPLE OF AFGHANISTAN. ARTICLE FORTY SEVEN: NO ONE CAN HARM NATIONAL INDEPENDENCE, TERRITORIAL INTEGRITY, NATIONAL UNITY, AND THE DICTATES OF THE INTERESTS OF THE MAJORITY OF THE PEOPLE, OR THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352, BY THE EXERCISE OF THE RIGHTS AND FREEDOMS EMBODIED IN THIS CONSTITUTION.

CHAPTER FIVE THE MELI JIRGA ARTICLE FORTY EIGHT: THE MELI JIRGA OF AFGHANISTAN IS WHERE THE WILL OF

THE PEOPLE IS MANIFESTED AND IT REPRESENTS THE WHOLE OF THE NATION. ARTICLE FORTY NINE: MEMBERS OF THE MELI JIRGA, 50 % OF WHOM SHALL BE COMPOSED OF FARMERS AND WORKERS, ARE NOMINATED BY THE PARTY AND SHALL BE ELECTED BY THE PEOPLE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW FOR A PERIOD OF FOUR YEARS THROUGH FREE UNIVERSAL, SECRET AND DIRECT ELECTIONS. FOR THIS PURPOSE, AFGHANISTAN SHALL BE DIVIDED INTO ELECTORAL CONSTITUENCIES. THE NUMBER AND THE SIZE OF THE CONSTITUENCIES SHALL BE DETERMINED BY LAW. ARTICLE FIFTY: THE PROCEDURE AND CONDITIONS OF THE ELECTION OF THE DEPUTIES OF THE MELI JIRGA AND THEIR DUTIES SHALL BE REGULATED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE METHOD OF VERIFICATION OF THE AUTHENTICITY OF THE MEMBERSHIP DOCUMENTS AND ... TIONS TO THE LEGALITY OF THE ELECTION OF A DEPUTY SHALL TAKE PLACE IN ACCORDANCE WITH THE RULES OF PROCEDURE OF THE MELI JIRGA. ARTICLE FIFTY ONE: THE MEMBERSHIP PRIVILEGE OF A DEPUTY SHALL ONLY BE WITHDRAWN BY AGREEMENT OF TWO THIRDS OF THE MEMBERS OF THE MELI JIRGA. ARTICLE FIFTY TWO: THE QUALIFICATIONS FOR VOTERS SHALL BE DETERMINED BY THE ELECTORAL LAW. TO BE ELECTED TO MEMBERSHIP IN THE MELI JIRGA, IN ADDITION TO THE QUALIFICATIONS FOR VOTERS, A PERSON MUST MEET THE FOLLOWING QUALIFICATIONS: 1) HAVE ACQUIRED THE CITIZENSHIP OF THE STATE OF AFGHANISTAN AT LEAST TEN YEARS PRIOR TO THE DATE OF ELECTION. 2) NOT HAVE BEEN PUNISHED BY A COURT WITH DEPRIVATION OF POLITICAL RIGHTS. 3) HAVE ATTAINED THE AGE OF TWENTY FIVE AT THE TIME OF ELECTION. ARTICLE FIFTY THREE: EVERY MEMBER OF THE MELI JIRGA HAS THE RIGHT TO EXPRESS HIS VIEWS WITHIN THE JIRGA ON ANY SUBJECT UNDER DISCUSSION IN ACCORDANCE WITH ITS RULE OF PROCEDURE. ARTICLE FIFTY FOUR: NO MEMBER OF THE MELI JIRGA SHALL BE SUBJECT TO LEGAL PROCEEDINGS FOR EXPRESSING ANY VIEW OR OPINION WHILE DISCHARGING HIS DUTIES. WHENEVER A MEMBER OF THE MELI JIRGA IS ACCUSED OF AN OFFENSE, THE RESPONSIBLE OFFICIAL SHALL NOTIFY THE MELI JIRGA AND AFTER THE MELI JIRGA GRANTS PERMISSION BY A MAJORITY VOTE, LEGAL PROCEEDINGS SHALL BE BROUGHT AGAINST THE ACCUSED. IN THE CASE OF A WITNESSED CRIME, THE RESPONSIBLE OFFICIAL CAN BRING LEGAL PROCEEDINGS AGAINST THE ACCUSED AND ARREST HIM WITHOUT THE PERMISSION OF THE JIRGA. WHENEVER LEGAL PROCEEDINGS REQUIRE DETENTION ACCORDING TO THE LAW, THE RESPONSIBLE OFFICIAL IS BOUND TO NOTIFY IMMEDIATELY THE JIRGA OF THE MATTER, AND WHEN THE JIRGA IS IN RECESS, TO INFORM THE ADMINISTRATIVE BOARD OF THE JIRGA. THE ADMINISTRATIVE BOARD IS BOUND TO NOTIFY THE MELI JIRGA OF THE MATTER AT ITS FIRST SESSION AFTER THE RECESS. ARTICLE FIFTY FIVE: THE GOVERNMENT MAY ATTEND THE MEETINGS OF THE MELI JIRGA. THE MELI JIRGA MAY DEMAND THE PRESENCE OF THE MEMBERS OF THE

GOVERNMENT AT ITS MEETINGS AND PUT QUESTIONS TO THEM. DISCUSSIONS AT THE MEETINGS OF THE MELI JIRGA SHALL BE OPEN, UNLESS: THE PRESIDENT OF THE REPUBLIC DECLARES THE MEETING TO BE A CLOSED SESSION; OR THE PRESIDENT OF THE MELI JIRGA, ANY MEMBER OF THE GOVERNMENT OR AT LEAST TEN MEMBERS OF THE MELI JIRGA REQUEST A CLOSED MEETING, PROVIDED THIS REQUEST IS APPROVED BY THE JIRGA. NO ONE SHALL FORCIBLY ENTER THE MEETING PLACE OF THE MELI JIRGA. VIOLATIONS SHALL BE PUNISHED ACCORDING TO THE PROVISIONS OF THE LAW. ARTICLE FIFTY SIX: EXCEPT IN CASES EXPLICITLY PROVIDED IN THIS CONSTITUTION, DECISIONS BY THE MELI JIRGA SHALL BE MADE BY A MAJORITY VOTE OF THE MEMBERS PRESENT. ARTICLE FIFTY SEVEN: THE MELI JIRGA SHALL HOLD ONE ORDINARY SESSION EVERY YEAR FOR FOUR CONSECUTIVE MONTHS BEGINNING ON THE FIRST OF QAUS. ARTICLE FIFTY EIGHT: THE MELI JIRGA, AT THE BEGINNING OF THE LEGISLATIVE TERM, SHALL ELECT ONE OF ITS MEMBERS AS PRESIDENT. THE JIRGA, AT THE BEGINNING OF ITS ANNUAL SESSION, SHALL ELECT FROM AMONGST ITS MEMBERS TWO PERSONS AS FIRST AND SECOND VICE PRESIDENTS AND TWO OTHER PERSONS AS SECRETARY AND ASSISTANT SECRETARY, FOR A PERIOD OF ONE YEAR. THE ABOVE MENTIONED PERSONS SHALL CONSTITUTE THE ADMINISTRATIVE BOARD OF THE MELI JIRGA AND SHOULD BE ELECTED WITHIN A MAXIMUM PERIOD OF FIFTEEN DAYS FROM THE BEGINNING OF THE SESSION. ARTICLE FIFTY NINE: THE MELI JIRGA, IN ACCORDANCE WITH IT RULES OF PROCEDURE, SHALL APPOINT COMMITTEES TO UNDERTAKE DETAILED AND THOROUGH STUDY OF THE SUBJECTS UNDER CONSIDERATION. ARTICLE SIXTY: THE MELI JIRGA SHALL FORMULATE ITS OWN RULES OF PROCEDURE. ARTICLE SIXTY ONE: APPROPRIATE SALARIES SHALL BE FIXED FOR THE MEMBERS OF THE MELI JIRGA IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE SIXTY TWO: TO ORGANIZE THE AFFAIRS OF LIFE OF AFGHANISTAN, THE MELI JIRGA, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, AFTER STUDYING AND CONSIDERING DRAFT LAWS PROPOSED BY THE GOVERNMENT AND THE JUDICIAL ORGAN, SHALL ADOPT NECESSARY DECISIONS THEREON. THE ADOPTION OF DECISIONS ON THE BUDGET, THE RATIFICATION OF INTERNATIONAL TREATIES, AND THE DISPATCH OF DETACHMENTS OF THE ARMED FORCES OF THE REPUBLICAN STATE OF AFGHANISTAN ABROAD ARE WITHIN THE COMPETENCE OF THE MELI JIRGA. DURING RECESS OR THE DISSOLUTION OF THE MELI JIRGA, THE GOVERNMENT MAY DRAFT AND PREPARE ORDINANCES FOR REGULATING URGENT MATTERS. THESE ORDINANCES SHALL COME INTO FORCE AFTER SIGNATURE AND PROCLAMATION BY THE PRESIDENT OF THE REPUBLIC. THESE ORDINANCES SHALL BE SUBMITTED TO THE MELI JIRGA FOR A DECISION WITHIN THIRTY DAYS FROM ITS FIRST MEETING. ARTICLE SIXTY THREE: A LAW IS A RESOLUTION ENACTED BY THE MELI JIRGA AND SIGNED BY THE PRESIDENT OF THE REPUBLIC. ARTICLE SIXTY FOUR: THERE CAN BE NO LAW REPUGNANT TO THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, THE REPUBLICAN ORDER, AND OTHER VALUES

EMBODIED IN THE CONSTITUTION. CHAPTER SIX THE LOYA JIRGA ARTICLE SIXTY FIVE: IN AFGHANISTAN, THE LOYA MANIFESTATION OF THE POWER AND WILL OF ITS PEOPLE. THE LOYA JIRGA IS COMPOSED OF: THE MEMBERS OF THE MELI JIRGA; THE MEMBERS OF THE CENTRAL COUNCIL OF THE PARTY; THE MEMBERS OF THE GOVERNMENT AND THE HIGH COUNCIL OF THE ARMED FORCES; THE MEMBERS OF THE SUPREME COURT; FIVE TO EIGHT REPRESENTATIVES FROM EACH PROVINCE, AND, THIRTY MEMBERS WHO SHALL BE APPOINTED THROUGH A DECREE OF THE PRESIDENT OF THE REPUBLIC. ARTICLE SIXTY SIX: THE LOYA JIRGA SHALL BE CONVENED IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION THROUGH A DECREE OF THE PRESIDENT OF THE REPUBLIC. THE PRESIDENT OF THE REPUBLIC IS THE CHAIRMAN OF THE LOYA JIRGA. IN THE CASE OF THE DEATH OR RESIGNATION OF THE PRESIDENT OF THE REPUBLIC, THE OFFICE OF THE PRESIDENCY SHALL CONVENE THE LOYA JIRGA WITHIN TWENTY DAYS OF THE DATE OF DEMISE OR RESIGNATION OF THE PRESIDENT. ARTICLE SIXTY SEVEN: THE LOYA JIRGA SHALL BE CONVENED UNDER THE CHAIRMANSHIP OF THE PRESIDENT OF THE REPUBLIC, OR THE VICE CHAIRMAN OF THE LOYA JIRGA, IN THE FOLLOWING CIRCUMSTANCE: 1) THE AMENDMENT OF THE CONSTITUTION. 2) THE ELECTION AND ACCEPTANCE OF THE RESIGNATION OF THE PRESIDENT OF THE REPUBLIC. 3) THE APPROVAL OF DECLARATION OF WART AND ARMISTICE 4) ANY OTHER IMPORTANT EVENT WHICH MAY REQUIRE THE APPROVAL OF THE LOYA JIRGA. ARTICLE SIXTY EIGHT: DURING THE SESSION OF THE LOYA JIRGA, THE PROVISIONS OF ARTICLE FIFTY FOUR OF THIS CONSTITUTION SHALL BE APPLICABLE TO ITS MEMBERS. ARTICLE SIXTY NINE: THE DELIBERATIONS OF THE LOYA JIRGA SHALL BE OPEN UNLESS MORE THAN TWO THIRDS OF THE MEMBERS OF THE GOVERNMENT, OR THE CENTRAL COUNCIL OF THE PARTY, OR THIRTY OF MEMBERS OF THE JIRGA, REQUEST THEIR SECRECY AND THE LOYA JIRGA APPROVES THIS REQUEST. JIRGA IS THE SUPREME

ARTICLE SEVENTY: THE LOYA JIRGA, IN ITS FIRST SITTING AFTER INAUGURATION; SHALL ELECT FROM AMONGST ITS MEMBERS A VICE CHAIRMAN AND TWO SECRETARIES BY A MAJORITY VOTE OF ITS MEMBERS. ARTICLE SEVENTY ONE: EXCEPT IN CASES EXPLICITLY PROVIDED IN THIS CONSTITUTION, DECISIONS OF THE LOYA JIRGA SHALL BE ADOPTED BY A MAJORITY VOTE OF THE MEMBERS PRESENT. ARTICLE SEVENTY TWO: THE PROCEDURE OF THE LOYA JIRGA SHALL BE REGULATED BY LAW, SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION. ARTICLE SEVENTY THREE: THE LOYA DETERMINED IN THIS CONSTITUTION. JIRGA SHALL HAVE SUCH POWERS AS ARE

ARTICLE SEVENTY FOUR: IN THE CASE OF THE DISSOLUTION OF THE MELI JIRGA, ITS MEMBERS SHALL RETAIN THEIR STATUS AS MEMBERS OF THE LOYA JIRGA UNTIL A NEW MELI JIRGA IS CONVENED. WHEN THE LOYA JIRGA IS IN SESSION, ALL ITS MEMBERS SHALL ENJOY EQUAL RIGHTS REGARDLESS OF OFFICE, RANK OR DUTY. CHAPTER SEVEN THE PRESIDENT OF THE REPUBLIC ARTICLE SEVENTY FIVE: THE PRESIDENT OF THE REPUBLIC, IS THE HEAD OF THE STATE OF AFGHANISTAN AND SHALL ADMINISTER AND GUIDE, THROUGH THE ORGANS CONCERNED, THOSE FUNCTIONS OF THE EXECUTIVE AND THE PARTY WHICH HAVE BEEN DIRECTLY ENTRUSTED TO HIM IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE CHARTER OF THE PARTY. ARTICLE SEVENTY SIX: THE PRESIDENT OF THE REPUBLIC, AFTER NOMINATION BY THE PARTY, SHALL BE ELECTED BY THE LOYA JIRGA WITH A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS FOR A TERM OF SIX YEARS. ARTICLE SEVENTY AFGHANISTAN AND BORN OF AFGHAN RIGHTS AND MUST SEVEN: THE PRESIDENT OF THE REPUBLIC MUST BE A CITIZEN OF A MUSLIM AND BOTH THE PRESIDENT AND HIS SPOUSE MUST BE PARENTS. THE PRESIDENT MUST ENJOY CIVIL AND POLITICAL NOT BE UNDER FORTY YEARS OF AGE. THE PRESIDENT OF THE REPUBLIC SHALL HAVE THE

ARTICLE SEVENTY EIGHT: FOLLOWING DUTIES:

1) SUPREME COMMAND OF THE ARMED FORCES OF THE COUNTRY. 2) DECLARING WAR AND ARMISTICE WITH THE ADVICE OF THE LOYA JIRGA. IN THE CASE IN WHICH AN IMMEDIATE AND OPEN DANGER THREATENS INDEPENDENCE AND TERRITORIAL INTEGRITY, OR IN OTHER URGENT CIRCUMSTANCES THE PRESIDENT OF THE REPUBLIC MAY ADOPT EXCEPTIONAL DECISIONS, AND CONVENE THE LOYA JIRGA. 3) DECLARING A STATE OF EMERGENCY AND ITS TERMINATION.

4) CONVENING AND INAUGURATING THE LOYA JIRGA. 5) INAUGURATING THE ORDINARY SESSION OF THE MELI JIRGA AND CONVENING AND INAUGURATING ITS EXTRAORDINARY SESSIONS. 6) DISSOLVING THE MELI JIRGA AND DECREEING NEW ELECTIONS. NEW ELECTIONS SHALL BE HELD WITHIN THREE MONTHS FROM THE DATE OF THE DISSOLUTION OF THE MELI JIRGA. 7) CONSOLIDATING NATIONAL UNITY AND UPHOLDING THE INTERESTS OF THE PEOPLE OF AFGHANISTAN. 8) GUIDING AND HARMONIZING THE COUNTRY'S DOMESTIC AND FOREIGN POLICY IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. 9) COMMUTING AND THE PARDON OF SENTENCES. 10) AWARDING MEDAL IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 11) APPOINTING THE VICE PRESIDENT OF THE REPUBLIC FROM AMONGST THE MEMBERS OF THE PARTY AND ALSO APPOINTING THE MINISTERS FROM WITHIN AND WITHOUT THE PARTY, AND DISMISSING THEM AND ACCEPTING THEIR RESIGNATION. 12) APPOINTING THE JUSTICES OF THE SUPREME COURT AND THE CHIEF JUSTICE. 13) APPOINTING, RETIRING, ACCEPTING THEIR RESIGNATION, AND DISMISSING JUDGES, OFFICERS OF THE ARMED FORCES AND HIGH RANKING OFFICIALS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 14) ACCREDITING HEADS OF AFGHANISTAN'S DIPLOMATIC MISSIONS IN FOREIGN STATES, APPOINTING AFGHANISTAN'S PERMANENT REPRESENTATIVES TO INTERNATIONAL ORGANS AND ACCEPTING THE LETTERS OF CREDENCE OF FOREIGN DIPLOMATIC REPRESENTATIVES. 15) SIGNING LAWS AND ORDINANCES AND PROCLAIMING THEIR ENFORCEMENT: GRANTING CREDENTIALS FOR THE CONCLUSION OF INTERNATIONAL TREATIES IN ACCORDANCE WITH THE PROVISIONS OF THE LAW AND SIGNING INTERNATIONAL TREATIES. ARTICLE SEVENTY NINE: THE PRESIDENT OF THE REPUBLIC MAY HAVE RECOURSE TO A GENERAL VOTE OF THE PEOPLE OF AFGHANISTAN ON IMPORTANT NATIONAL MATTERS. ARTICLE EIGHTY: THE PRESIDENT OF THE REPUBLIC, PRIOR TO ASSUMING OFFICE, SHALL TAKE THE FOLLOWING OATH IN THE PRESENCE OF THE MEMBERS OF THE LOYA JIRGA: 'IN THE PRESENCE OF YOU, THE REPRESENTATIVES OF THE NATION OF AFGHANISTAN, I .............. SWEAR IN THE NAME OF GOD THE ALMIGHTY THAT I WILL PROTECT THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM AND RESPECT THE CONSTITUTION AND OTHER LAWS OF AFGHANISTAN AND ABIDE BY THEM, WILL PRESERVE NATIONAL INDEPENDENCE, AND TERRITORIAL INTEGRITY, AND WILL DEVOTE

ALL MY ENERGY TO THE DEFENSE OF THE RIGHTS AND INTERESTS OF THE PEOPLE AND THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352, AND THE REPUBLIC OF AFGHANISTAN." ARTICLE EIGHTY ONE: EXCEPT IN CASES DEFINED IN ARTICLE THIRTY SIX OF THIS CONSTITUTION, DURING THE TENURE OF HIS OFFICE THE PRESIDENT OF THE REPUBLIC SHALL NOT CONDUCT ANY TRANSACTION. ARTICLE EIGHTY TWO: THE PRESIDENT OF THE REPUBLIC, IN THE EVENT OF HIS ILLNESS OR WHEN TRAVELING, SHALL DEPUTIZE THE VICE PRESIDENT OR VICE PRESIDENTS TO ACT IN HIS STEAD IN ACCORDANCE WITH THE INSTRUCTIONS HE ISSUES. ARTICLE EIGHTY THREE: THE SALARY AND EXPENDITURE OF THE PRESIDENT OF THE REPUBLIC SHALL BE FIXED BY LAW. ARTICLE EIGHTY FOUR: FOR THE ELECTION OF THE PRESIDENT OF THE REPUBLIC, NECESSARY MEASURES MUST BE ADOPTED FORTY FIVE DAYS BEFORE THE END OF THE TERM OF THE PRESIDENCY IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, AND THE CHARTER OF THE PARTY. ARTICLE EIGHTY FIVE: SHOULD THE PRESIDENT OF THE REPUBLIC DECIDE TO RESIGN, HE SHALL CONVENE THE LOYA JIRGA AND SUBMIT HIS RESIGNATION DIRECTLY TO THE LOYA JIRGA. IN CASE THE LOYA JIRGA ACCEPTS THE RESIGNATION, THE ELECTION OF THE NEW PRESIDENT OF THE REPUBLIC SHALL TAKE PLACE IN ACCORDANCE WITH ARTICLE EIGHTY EIGHT OF THIS CONSTITUTION. ARTICLE EIGHTY SIX: IN THE EVENT THE PRESIDENT OF THE REPUBLIC DIES OR RESIGNS, THE PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TEMPORARILY TO THE PRESIDENT OF THE MELI JIRGA. IN SUCH CASES, THE PRESIDENT OF THE MELI JIRGA CANNOT BE NOMINATED AS A CANDIDATE FOR ELECTION TO THE OFFICE OF PRESIDENT. DURING THE TENURE OF OFFICE BY THE PRESIDENT OF THE MELI JIRGA AS ACTING PRESIDENT OF THE REPUBLIC, THIS CONSTITUTION CANNOT BE AMENDED. THE NEW PRESIDENT OF THE REPUBLIC MUST BE ELECTED WITHIN THIRTY DAYS OF THE DATE THE OFFICE OF THE PRESIDENT BECOMES VACANT, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. THE ACTING PRESIDENT OF THE REPUBLIC, SUBJECT TO THE PROVISIONS OF THIS ARTICLE, WITH THE AGREEMENT OF THE MEMBERS OF THE GOVERNMENT AND THE CENTRAL COUNCIL OF THE PARTY, MAY UTILIZE THE POWERS EMBODIED IN ARTICLE SEVENTY EIGHT OF THIS CONSTITUTION SHOULD THE OCCURRENCE OF URGENT AND IMPORTANT NATIONAL EVENTS COMPEL TO ACTING PRESIDENT OF THE REPUBLIC TO EXERCISE THE POWERS STIPULATED IN ARTICLE SEVENTY EIGHT OF THIS CONSTITUTION. ARTICLE EIGHTY SEVEN: AN ACCUSATION OF HIGH TREASON AGAINST THE PRESIDENT OF THE REPUBLIC CAN BE REQUESTED BY TWO THIRDS OF THE MEMBERS OF THE MELI JIRGA. AFTER THE AGREEMENT OF THE MEMBERS OF THE CENTRAL COUNCIL OF THE PARTY BY A TWO THIRDS VOTE, SUCH A REQUEST SHALL BE SUBMITTED TO THE LOYA JIRGA. IN THIS CASE THE PRESIDENT OF THE REPUBLIC IS BOUND TO CONVENE THE LOYA JIRGA. THE PRESIDENT OF THE MELI JIRGA SHALL PRESIDE OVER THE MEETING OF THE LOYA JIRGA. SHOULD THE LOYA JIRGA APPROVE THE ASCRIBED ACCUSATION, WITH THE EVIDENCE SUBMITTED THEREON, BY A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS, THE PRESIDENT OF THE REPUBLIC SHALL BE RELIEVED OF HIS OFFICE. THE COMPOSITION OF THE COURT AND THE TRIAL PROCEDURE SHALL BE REGULATED BY A SPECIAL LAW. IN THIS CASE THE PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED

TEMPORARILY TO THE PRESIDENT OF THE MELI JIRGA. THE ACTING PRESIDENT OF THE REPUBLIC IS SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTY SIX OF THIS CONSTITUTION. CHAPTER EIGHT THE GOVERNMENT ARTICLE EIGHTY EIGHT: THE GOVERNMENT IS THE SUPREME EXECUTIVE AND ADMINISTRATIVE ORGAN OF THE STATE AND CONSISTS OF THE VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS, WHO SHALL PERFORM THEIR DUTIES UNDER THE LEADERSHIP OF THE PRESIDENT OF THE REPUBLIC. ARTICLE EIGHTY NINE: THE VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS MUST BE CITIZENS OF AFGHANISTAN, MUST ENJOY ALL THEIR CIVIL AND POLITICAL RIGHTS, AND THEY AND THEIR SPOUSE MUST BE BORN OF AFGHAN PARENTS. ARTICLE NINETY: THE VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS, PRIOR TO ASSUMING OFFICE, SHALL TAKE THE FOLLOWING OATH IN THE PRESENCE OF THE PRESIDENT OF THE REPUBLIC: 'IN THE NAME OF GOD, THE ALMIGHTY, I SWEAR TO REPRESENT THE CONSTITUTION AND OTHER LAWS OF AFGHANISTAN AND TO ABIDE BY THEM AND TO DEVOTE ALL MY ENERGY TO THE DEFENSE OF NATIONAL RIGHTS AND INTERESTS AND TO PROTECT THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, 1352, AND THE REPUBLIC OF AFGHANISTAN. ARTICLE NINETY ONE: THE GOVERNMENT SHALL HAVE THE FOLLOWING DUTIES AND POWERS: 1) IMPLEMENTING THE COUNTRY'S DOMESTIC AND FOREIGN POLICY IN ACCORDANCE WITH THE PROVISIONS OF THE LAW AND THE BASIC PRINCIPLES OF THE PARTY. 2) ADMINISTERING, COORDINATING AND SUPERVISING THE AFFAIRS MINISTRIES AND OTHER DEPARTMENTS AND PUBLIC INSTITUTIONS. OF THE

3) RENDERING EXECUTIVE AND ADMINISTRATIVE DECISIONS IN ACCORDANCE WITH LAWS AND DECREES ISSUED AND SUPERVISING THEIR IMPLEMENTATION. 4) DRAFTING LAWS AND FORMULATING REGULATIONS. 5) PREPARING THE STATE BUDGET AND ADOPTING MEASURES TO STRENGTHEN THE ECONOMY AND THE MONETARY AND FINANCIAL SYSTEM. 6) DRAFTING THE DEVELOPMENT PLANS OF THE STATE AND ADOPTING MEASURES FOR THEIR IMPLEMENTATION AND EXECUTION. 7) DISCUSSING AND NEGOTIATING FOR THE PURPOSE OF OBTAINING OR GRANTING DOMESTIC OR FOREIGN LOANS. 8) ADOPTING MEASURES TO ENSURE PUBLIC ORDER AND SECURITY.

9) ADOPTING NECESSARY AND EFFECTIVE MEASURES TO ERADICATE ALL FORMS OF ADMINISTRATIVE CORRUPTION IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 10) CONCLUDING AGREEMENTS WITH FOREIGN COUNTRIES ACCORDANCE WITH THE PROVISIONS OF THE LAW. 11) PERFORMING CONSTITUTION. THE DUTIES ENTRUSTED TO THE AND ORGANIZATIONS IN

GOVERNMENT

BY

THIS

ARTICLE NINETY TWO: THE GOVERNMENT SHALL PROMULGATE REGULATIONS TO ORGANIZE ITS AFFAIRS ON THE BASIS OF THE LAW. THESE REGULATIONS CANNOT BE REPUGNANT TO THE LETTER OR THE SPIRIT OF THE LAW. ARTICLE NINETY THREE: EXCEPT IN CASES DEFINED IN ARTICLE THIRTY SIX OF THIS CONSTITUTION, THE, VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS, DURING THEIR TENURE, SHALL NOT CONDUCT ANY TRANSACTION FOR PROFIT WITH THE STATE. ARTICLE NINETY FOUR: THE VICE PRESIDENT OR VICE PRESIDENT OF THE REPUBLIC SHALL BE RESPONSIBLE TO THE PRESIDENT OF THE REPUBLIC, THE CENTRAL COUNCIL OF THE PARTY AND THE MELI JIRGA IN RESPECT TO THE PERFORMANCE OF THEIR DUTIES. ARTICLE NINETY FIVE: AN ACCUSATION OF OFFENSE AGAINST THE VICE PRESIDENT OR VICE PRESIDENTS OR AGAINST ANY OF THE MINISTERS CAN BE REQUESTED BY ONE THIRD OF THE MEMBERS OF THE MELI JIRGA. SUCH A REQUEST CAN BE APPROVED ONLY BY A TWO THIRDS MAJORITY VOTE OF THE MEMBERS OF THE MELI JIRGA. THE ACCUSED SHALL BE REMOVED FROM OFFICE AFTER SUCH AN APPROVAL. THE TRIAL OF THE ACCUSED SHALL BE CONDUCTED BEFORE A SPECIAL COURT. THE COMPOSITION OF THE COURT AND ITS TRIAL PROCEDURE AND THE PUNISHMENT SHALL BE REGULATE SEPARATELY BY A SPECIAL LAW. CHAPTER NINE THE JUDICIARY ARTICLE NINETY SIX: THE JUDICIAL POWER IS AN ORGAN OF THE STATE AND CONSISTS OF THE SUPREME COURT AND OTHER COURTS THE NUMBER OF WHICH SHALL BE DETERMINED BY LAW. THE MAIN OBJECTIVE OF THE LAWS SHALL BE THE UNIFORMITY OF JUDICIAL PRACTICE AND THE REGULATION OF THE ORGANIZATION AND JURISDICTION OF THE COURTS AND TRIAL PROCEDURE. ARTICLE NINETY SEVEN: IT IS WITHIN THE JURISDICTION OF THE JUDICIARY TO ADJUDICATE IN ALL LITIGATIONS WHICH ARE BROUGHT BEFORE IT IN ACCORDING TO THE PROVISIONS OF THE LAW, AND IN WHICH REAL OR LEGAL PERSONS, INCLUDING THE STATE, ARE INVOLVED EITHER AS PLAINTIFF OR DEFENDANT. ARTICLE NINETY EIGHT: UNDER NO CIRCUMSTANCES EXCEPT WAR SHALL A CASE OR SPHERE OF COMPETENCE BE EXCLUDED FROM THE JURISDICTION OF THE JUDICIAL POWER OF THE STATE, AS DEFINED IN THIS CHAPTER, AND BE ASSIGNED TO OTHER AUTHORITIES. THIS PROVISION SHALL NOT PREVENT THE ESTABLISHMENT OF MILITARY COURTS; BUT THE JURISDICTION OF THESE COURTS SHALL BE CONFINED TO

OFFENSES RELATING TO THE ARMED FORCES OF AFGHANISTAN. THE ORGANIZATION AND JURISDICTION OF THE MILITARY COURTS SHALL BE REGULATED BY LAW. ARTICLE NINETY NINE: THE COURTS, IN CASES UNDER THEIR CONSIDERATION, SHALL APPLY THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE STATE. WHENEVER NO PROVISION EXISTS IN THE CONSTITUTION OR IN THE LAWS OF THE STATE FOR A CASE OR CASES UNDER CONSIDERATION, THE COURTS, BY FOLLOWING THE BASIC PRINCIPLES OF THE HANAFI JURISPRUDENCE OR THE SHARIAT OF ISLAM AND WITHIN THE LIMITATIONS SET FORTH IN THIS CONSTITUTION, SHALL RENDER A JUDGMENT THAT IN THEIR OPINION SECURES JUSTICE IN THE BEST POSSIBLE WAY. ARTICLE ONE HUNDRED: THE JUDGES SHALL BE APPOINTED BY THE PRESIDENT OF THE REPUBLIC UPON THE RECOMMENDATION OF THE CHIEF JUSTICE. ARTICLE ONE HUNDRED AND ONE: THE DISMISSAL OF JUDGES ON THE GROUND OF COMMITTING AN OFFENSE SHALL BE DONE WITH THE APPROVAL OF THE PRESIDENT OF THE REPUBLIC UPON RECOMMENDATION OF THE SUPREME COURT. WHENEVER A JUDGE IS ACCUSED OF COMMITTING AN OFFENSE, THE SUPREME COURT SHALL CONSIDER THE CASE OF THE JUDGE ACCORDING TO THE PROVISIONS OF THE LAW AND AFTER HEARING HIS DEFENSE, SHOULD THE SUPREME COURT FIND THE ACCUSATION TO BE SUSTAINED, IT WILL RECOMMEND HIS DISMISSAL TO THE PRESIDENT OF THE REPUBLIC; WITH ITS APPROVAL BY THE PRESIDENT OF THE REPUBLIC, THE JUDGE SHALL BE DISMISSED FROM OFFICE AND BE PUNISHED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE ONE HUNDRED AND TWO: THE TRANSFER, PROMOTION, RETIREMENT, ACCEPTANCE OF THE RESIGNATION AND THE CALLING TO ACCOUNT OF THE JUDGES SHALL BE DONE BY THE SUPREME COURT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE ONE HUNDRED AND THREE: APPROPRIATE SALARIES FOR THE JUDGES SHALL BE FIXED BY LAW. ARTICLE ONE HUNDRED AND FOUR: EXCEPT IN CASES DEFINED IN ARTICLE THIRTY SEVEN OF THIS CONSTITUTION, DURING THE TENURE OF THEIR OFFICE, THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE CANNOT CONDUCT ANY TRANSACTION FOR PROFIT WITH THE STATE. ARTICLE ONE HUNDRED AND FIVE: IN THE COURTS OF AFGHANISTAN TRIALS SHALL BE HELD OPENLY, AND EVERYONE HAS THE RIGHT TO ATTEND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE ENFORCEMENT OF FINAL DECISIONS OF THE COURTS IS OBLIGATORY, EXCEPT IN THE CASE OF DEATH SENTENCE IN WHICH INSTANCE THE EXECUTIVE OF THE JUDGMENT OF THE HIGHEST COURT SHALL BE SUBJECT TO THE ENDORSEMENT OF THE PRESIDENT OF THE REPUBLIC. THE COURTS ARE BOUND TO STATE THE REASONS FOR THEIR DECISIONS IN THE JUDGMENTS THAT THEY PASS. ARTICLE ONE HUNDRED AND SIX: THE DETECTION OF CRIMES BY THE POLICE, AND THE INVESTIGATION, PURSUIT, AND PROSECUTION THEREOF BY THE ATTORNEY GENERAL,WHO ARE PART OF THE EXECUTIVE ORGAN, SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE DETECTION AND INVESTIGATION OF CRIMES RELATING TO THE ARMED FORCES OF AFGHANISTAN SHALL BE REGULATED BY SPECIAL LAW.

ARTICLE ONE HUNDRED AND SEVEN: THE SUPREME COURT IS COMPOSED OF NINE JUSTICES WHO SHALL BE APPOINTED BY THE PRESIDENT OF THE REPUBLIC. A MEMBER OF THE SUPREME COURT MUST POSSESS THE FOLLOWING QUALIFICATIONS: 1) HAVE ATTAINED THE AGE OF THIRTY FIVE. 2) HAVE ACQUIRED THE CITIZENSHIP OF THE STATE OF AFGHANISTAN AT LEAST TEN YEARS PRIOR TO THE DATE OF APPOINTMENT. 3) NOT HAVE RIGHTS. BEEN SENTENCED BY A COURT WITH DEPRIVATION OF POLITICAL

4) HAVE SUFFICIENT KNOWLEDGE OF NATIONAL OBJECTIVES, LEGAL SCIENCE AND THE LEGAL SYSTEM OF AFGHANISTAN. THE PRESIDENT OF THE REPUBLIC SHALL APPOINT ONE OF THE MEMBERS OF THE SUPREME COURT, WHO MUST NOT BE UNDER FORTY YEARS OF AGE, AS THE CHIEF JUSTICE. THE PRESIDENT OF THE REPUBLIC CAN REVIEW THE APPOINTMENT OF THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE AFTER FIVE YEARS OF THEIR APPOINTMENT TO THE SAID OFFICES. SUBJECT TO THIS PROVISION, THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE SHALL NOT BE REMOVED FROM THEIR OFFICES BY ANY OTHER MEANS EXCEPT IN THE CASE OF ARTICLE ONE HUNDRED AND ELEVEN OF THIS CONSTITUTION. ARTICLE ONE HUNDRED AND EIGHT: THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE, BEFORE ASSUMING OFFICE, SHALL TAKE THE FOLLOWING OATH IN THE PRESENCE OF THE PRESIDENT OF THE REPUBLIC: 'IN THE NAME OF GOD, THE ALMIGHTY, I SWEAR TO DISCHARGE MY JUDICIAL DUTIES WITH UTMOST HONESTY AND INTEGRITY; TO SECURE TRUTH AND JUSTICE WITH REGARD FOR THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, AND OTHER PROVISIONS AND VALUES EMBODIED IN THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN; TO BE CONSCIOUS OF THE OMNIPRESENCE OF THE ALMIGHTY IN THE PERFORMANCE OF ALL MY DUTIES AND TO PROTECT THE RIGHTS OF THE PEOPLE AND THE HOMELAND IN THE INTEREST OF JUSTICE.' ARTICLE ONE HUNDRED AND NINE: EXCEPT IN THE CASE DEFINED IN ARTICLE ONE HUNDRED ELEVEN OF THIS CONSTITUTION, THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE, AFTER THEIR TERM OF SERVICE, LEGALLY EXPIRES, SHALL ENJOY FOR THE REST OF THEIR LIVES ALL THE FINANCIAL PRIVILEGES OF THEIR TERM OF SERVICE. ARTICLE ONE HUNDRED AND TEN: EVERY MEMBER OF THE SUPREME COURT AND THE CHIEF JUSTICE MAY RESIGN ACCORDING TO THE PROVISIONS OF THE LAW. THE RESIGNATION OF THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE SHALL BECOME EFFECTIVE FROM THE DATE OF ITS APPROVAL BY THE PRESIDENT OF THE REPUBLIC. THE CHIEF JUSTICE OR THE MEMBER OF THE SUPREME COURT WHO HAS RESIGNED, CANNOT BENEFIT FROM THE FINANCIAL PRIVILEGE EMBODIED IN ARTICLE ONE HUNDRED AND NINE OF THIS CONSTITUTION. THE RESTRICTIONS MENTIONED IN THE LAST SECTION OF ARTICLE ONE HUNDRED AND NINE SHALL BE APPLICABLE TO THE MEMBER OF THE SUPREME COURT OR THE CHIEF JUSTICE WHO HAS RESIGNED. ARTICLE ONE HUNDRED AND ELEVEN: SHOULD ONE THIRD OF THE MEMBERS OF THE MELI JIRGA REQUEST THE IMPEACHMENT OF THE CHIEF JUSTICE OR OF ONE OR MORE OF THE MEMBERS OF THE SUPREME COURT ON A CHARGE OF AN OFFENSE ARISING FROM THE PERFORMANCE OF HIS DUTIES, AND SHOULD THE MELI JIRGA APPROVE THIS

REQUEST BY A MAJORITY OF TWO THIRDS OF ITS MEMBERS, THE ACCUSED SHALL BE RELIEVED OF HIS OFFICE. THE MELI JIRGA SHALL APPOINT ONE OF ITS MEMBERS TO FILE A SUIT AND SHALL APPOINT A PANEL OF EIGHT PERSONS TO ACT AS TRIBUNAL. THIS PANEL, PRESIDED OVER BY THE PRESIDENT OF THE MELI JIRGA, SHALL TRY THE ACCUSED IN ACCORDANCE WITH THE PROCEDURE OF A CRIMINAL COURT AND, IF PROVED GUILTY, THE ACCUSED SHALL BE DISMISSED FROM OFFICE AND SENTENCED TO PUNISHMENT. ARTICLE ONE HUNDRED AND TWELVE: THE SUPREME COURT SHALL REGULATE THE ORGANIZATION AND FUNCTIONS OF THE COURTS AND THE JUDICIAL AFFAIRS OF THE STATE IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS. EXCEPT IN CASES DEFINED IN THIS CONSTITUTION, THE JUDICIAL AND ADMINISTRATIVE JURISDICTION OF THE SUPREME COURT SHALL BE REGULATED BY LAW. THE SUPREME COURT SHALL ADOPT NECESSARY MEASURES TO ORGANIZE THE ADMINISTRATIVE AFFAIRS OF THE COURTS. THE BUDGET OF THE JUDICIAL ORGAN SHALL BE PREPARED BY THE CHIEF JUSTICE IN CONSULTATION WITH THE GOVERNMENT AND SHALL BE SUBMITTED BY THE GOVERNMENT TO THE MELI JIRGA AS A PART OF THE STATE BUDGET. THE IMPLEMENTATION OF THE JUDICIARY BUDGET SHALL BE WITHIN THE JURISDICTION OF THE SUPREME COURT. THE SUPREME COURT MAY DRAFT LAWS IN THE SPHERE OF ORGANIZING THE JUDICIAL AFFAIRS AND SUBMIT THEM TO THE MELI JIRGA IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SIXTY TWO OF THIS CONSTITUTION. ARTICLE ONE HUNDRED AND THIRTEEN: THE PROVISIONS OF THE LAWS CONCERNING CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE STATE SHALL BE APPLICABLE TO THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE JUDICIARY ORGAN; BUT THEIR APPOINTMENT, PROMOTION, THE ACCEPTANCE OF THEIR RESIGNATIONS, THEIR CALLING TO ACCOUNT AND RETIREMENT SHALL BE ADMINISTERED BY THE SUPREME COURT. CHAPTER TEN EMERGENCY ARTICLE ONE HUNDRED AND FOURTEEN: WHENEVER WAR, THE DANGER OF WAR, REBELLION OR ANY SIMILAR SITUATION WHICH MAY THREATEN THE COUNTRY, DISRUPTS THE PRESERVATION OF INDEPENDENCE, NATIONAL LIFE, OR SECURITY IN SUCH A WAY AS TO RENDER THEM IMPOSSIBLE TO SECURE THROUGH THE CHANNEL PROVIDED FOR IN THIS CONSTITUTION, A STATE OF EMERGENCY SHALL BE DECLARED BY THE PRESIDENT OF THE REPUBLIC. SHOULD THE STATE OF EMERGENCY CONTINUE FOR MORE THAN FOUR MONTH, THE AGREEMENT OF THE MELI JIRGA IS IMPERATIVE FOR ITS EXTENSION. ARTICLE ONE HUNDRED AND FIFTEEN: IN A STATE OF EMERGENCY, THE PRESIDENT OF THE REPUBLIC MAY TRANSFER ALL OR PART OF THE POWERS OF THE MELI JIRGA TO THE GOVERNMENT. ARTICLE ONE HUNDRED AND SIXTEEN: IN A STATE OF EMERGENCY THE PRESIDENT OF THE REPUBLIC, SUBJECT TO THE PROVISIONS OF ARTICLE NINETY EIGHT OF THIS CONSTITUTION, MAY TRANSFER A PART OF THE JURISDICTION OF THE JUDICIARY TO MILITARY COURTS. ARTICLE ONE HUNDRED AND SEVENTEEN: IN A STATE OF EMERGENCY THE GOVERNMENT, WITH THE AGREEMENT OF THE SUPREME COURT MAY, BY PRESIDENTIAL DECREE, SUSPEND OR IMPOSE RESTRICTION UPON THE FOLLOWING PROVISIONS OF THE

CONSTITUTION: 1) THE PROVISIONS OF SECTION FIVE OF ARTICLE THIRTY; 2) THE PROVISIONS OF SECTION ONE OF ARTICLE THIRTY FIVE; 3) THE PROVISIONS OF SECTIONS THREE AND FOUR OF ARTICLE THIRTY SIX; 4) THE PROVISIONS OF SECTION TWO OF ARTICLE THIRTY SEVEN; AND, 5) THE PROVISIONS OF ARTICLE THIRTY NINE. ARTICLE ONE HUNDRED AND EIGHTEEN: IN A STATE OF EMERGENCY THE PRESIDENT OF THE REPUBLIC MAY TRANSFER THE CAPITAL OF AFGHANISTAN TO A PLACE OTHER THAN THE CITY OF KABUL. ARTICLE ONE HUNDRED AND NINETEEN: SHOULD THE TERM OF OFFICE OF THE MEMBERS OF THE MELI JIRGA COME TO AN END DURING A STATE OF EMERGENCY, THE PRESIDENT OF THE REPUBLIC MAY POSTPONE THE HOLDING OF NEW ELECTIONS AND EXTEND THE TERM OF OFFICE OF THE MEMBERS OF THE MELI JIRGA UNTIL THE STATE OF EMERGENCY IS OVER. ELECTIONS SHALL BE HELD IMMEDIATELY AFTER THE TERMINATION OF THE STATE OF EMERGENCY. ARTICLE ONE HUNDRED AND TWENTY: IN A STATE OF EMERGENCY THE CONSTITUTION SHALL NOT BE AMENDED. CHAPTER ELEVEN AMENDMENT ARTICLE ONE HUNDRED AND TWENTY ONE: THE PRINCIPLE OF ADHERENCE TO THE BASIC PRINCIPLES OF ISLAM, AND THE REPUBLICAN ORDER, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, SHALL NOT BE AMENDED. AMENDING OTHER PROVISIONS OF THE CONSTITUTION, IN VIEW OF EXPERIENCE AND THE REQUIREMENTS OF THE TIME, SHALL TAKE PLACE IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER ON THE PROPOSAL OF THE GOVERNMENT, OR OF THE CENTRAL COUNCIL OF THE PARTY, OR OF ONE THIRD OF THE MELI JIRGA. ARTICLE ONE HUNDRED AND TWENTY TWO: THE PROPOSAL FOR AMENDMENT SHALL BE CONSIDERED BY THE LOYA JIRGA AND SHOULD A MAJORITY OF ITS MEMBERS APPROVE THE NECESSITY OF AMENDMENT, THE JIRGA SHALL APPOINT FROM AMONGST ITS MEMBERS A COMMITTEE TO PREPARE THE DRAFT AMENDMENT. THIS COMMITTEE SHALL DRAFT THE AMENDMENT IN CONSULTATION WITH THE GOVERNMENT AND THE SUPREME COURT AND SUBMIT IT TO THE LOYA JIRGA. SHOULD THE DRAFT AMENDMENT BE APPROVED BY A MAJORITY OF THE MEMBERS OF THE LOYA JIRGA, IT SHALL COME INTO FORCE AFTER SIGNATURE AND PROCLAMATION BY THE PRESIDENT OF THE REPUBLIC. CHAPTER TWELVE

TRANSITIONAL PROVISIONS ARTICLE ONE HUNDRED AND TWENTY THREE: WITH THE ENFORCEMENT OF THE CONSTITUTION THE PRESIDENT OF THE REPUBLIC SHALL ISSUE A DECREE THEREBY DISSOLVING THE GOVERNMENT AND HE SHALL FORM A NEW GOVERNMENT IN CONFORMITY WITH THE SPIRIT OF THIS CONSTITUTION OF THE REPUBLICAN STATE. ARTICLE ONE HUNDRED AND TWENTY FOUR: THE PRESIDENT OF THE REPUBLIC SHALL CONVENE THE MELI JIRGA, I ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, ON THE FIRST OF QAWS, 1358, AH. THE PERIOD BETWEEN THE ENFORCEMENT OF THIS CONSTITUTION AND THE INAUGURATION OF THE MELI JIRGA SHALL BE CONSIDERED THE TRANSITIONAL PERIOD. DURING THE TRANSITIONAL PERIOD THE POWERS OF THE MELI JIRGA SHALL BELONG TO THE GOVERNMENT. ARTICLE ONE HUNDRED AND TWENTY FIVE: WHENEVER DURING THE TRANSITIONAL PERIOD ANY SITUATION SHOULD ARISE WHICH, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SIXTY SEVEN OF THIS CONSTITUTION, REQUIRES THE CONVENING OF THE LOYA JIRGA, THE PRESIDENT OF THE REPUBLIC SHALL ISSUE A PROCLAMATION CONVENING THE LOYA JIRGA. IN THESE CIRCUMSTANCES THE RESIDENT OF THE REPUBLIC SHALL HAVE ALL THE POWERS OF THE LOYA JIRGA UNTIL IT IS CONVENED. IMMEDIATELY AFTER THE INAUGURATION OF THE LOYA JIRGA, THE PRESIDENT OF THE REPUBLIC SHALL INFORM THE LOYA JIRGA OF THE ACTIONS TAKEN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, AND THE LOYA JIRGA SHALL ADOPT DECISIONS THEREON. IF DURING THE OCCURRENCE OF ANY OF THE ABOVE MENTIONED CIRCUMSTANCES, THE CENTRAL COUNCIL OF THE PARTY OR THE HIGH COUNCIL OF THE ARMED FORCES OR THE SUPREME COURT IS NOT CONSTITUTED IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, THE LOYA JIRGA SHALL BE CONVENED IN THE TRADITIONAL MANNER. ARTICLE ONE HUNDRED AND TWENTY SIX: THE PRESIDENT OF THE REPUBLIC, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE ONE HUNDRED AND SEVEN OF THIS CONSTITUTION, SHALL PROCLAIM THE ESTABLISHMENT OF THE SUPREME COURT ON THE FIRST OF SARATAN, 1357 AH. DURING THE PERIOD BETWEEN THE ENFORCEMENT OF THIS CONSTITUTION AND THE ESTABLISHMENT OF THE SUPREME COURT, THE PRESIDENT OF THE REPUBLIC SHALL ADOPT NECESSARY MEASURES TO ENSURE THE PERFORMANCE OF THE FUNCTIONS OF THE SUPREME COURT. ARTICLE ONE HUNDRED AND TWENTY SEVEN: ORDINANCES ENFORCED DURING THE TRANSITIONAL PERIOD SHALL BE PRESENTED FOR DECISION TO THE FIRST SESSION OF THE MELI JIRGA WITHIN THIRTY DAYS OF ITS CONVENING. ARTICLE ONE HUNDRED AND TWENTY EIGHT: DURING THE TRANSITIONAL PERIOD THE GOVERNMENT HAS THE DUTY TO PREPARE ORDINANCES RELATING TO THE MELI JIRGA ELECTIONS, THE PRESS, ASSEMBLY AND THE BASIC ORGANIZATION OF THE STATE, AND TO SUBMIT THEM FOR SIGNATURE BY THE PRESIDENT OF THE REPUBLIC. ARTICLE ONE HUNDRED AND TWENTY NINE: DURING THE TRANSITIONAL PERIOD THE GOVERNMENT SHALL ADOPT NECESSARY MEASURES TO COORDINATE THE PERFORMANCE, AND THE IMPLEMENTATION AND EXECUTION OF THE PROGRAM OF THE STATE IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. ARTICLE ONE HUNDRED AND THIRTY: DURING THE TRANSITIONAL PERIOD THE PRESIDENT OF THE REPUBLIC SHALL ENFORCE AND PROCLAIM IN ACCORDANCE WITH

THE PROVISIONS OF ARTICLE FORTY OF THIS CONSTITUTION THE CHARTER OF HEZBE-ENQELAB-E-MELI, WHICH IS THE FOUNDER AND VANGUARD OF THE NATIONAL AND PROGRESSIVE REVOLUTION OF SARATAN 26, OF THE YEAR 1352 OF THE PEOPLE OF AFGHANISTAN, AS THE FIRST PARTY. ARTICLE ONE HUNDRED AND THIRTY ONE: DURING THE TRANSITION PERIOD THE PRESIDENT OF THE REPUBLIC SHALL ESTABLISH AND PROCLAIM THE HIGH COUNCIL OF THE ARMED FORCES. ARTICLE ONE HUNDRED AND THIRTY TWO: DURING THE TRANSITIONAL PERIOD, THE PRESIDENT OF THE REPUBLIC HAS THE POWER TO ANTICIPATE BY DECREE, THE FORMATION OF AN INTERIM COUNCIL OF THE OFFICE OF THE PRESIDENCY, FOR THE PERFORMANCE OF THE FUNCTIONS OF THE PRESIDENT IN THE EVENT OF HIS DEATH. THE INTERIM COUNCIL OF THE OFFICE OF THE PRESIDENCY IS BOUND TO CONVENE THE LOYA JIRGA IN THE TRADITIONAL MANNER, FOR THE ELECTION OF THE NEW PRESIDENT OF THE REPUBLIC WITHIN TEN DAYS FROM THE DATE OF DEMISE. CHAPTER THIRTEEN GENERAL PROVISIONS ARTICLE ONE HUNDRED AND THIRTY THREE: THE FIRST LOYA JIRGA TO BE CONVENED UNDER THE REPUBLICAN ORDER ON THE 10TH OF DALW 1355 AH IN KABUL, THE CAPITAL OF AFGHANISTAN, SHALL ELECT WITH A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS THE FIRST PRESIDENT OF THE REPUBLIC OF AFGHANISTAN FOR A TERM OF SIX YEARS. ARTICLE ONE HUNDRED AND THIRTY FOUR: OFFERS OF THE ARMED FORCES, THE POLICE, AND THE OFFICIALS OF THE MINISTRY FOR FOREIGN AFFAIRS, THEMSELVES AND THEIR SPOUSES MUST BE BORN OF AFGHAN PARENTS. ARTICLE ONE HUNDRED AND THIRTY FIVE: THE COMPETENT AUTHORITY INTERPRETATION OF THIS CONSTITUTION SHALL BE THE SUPREME CURT. FOR THE

ARTICLE ONE HUNDRED AND THIRTY SIX: WITH THE ENFORCEMENT OF THIS CONSTITUTION, THE FORMER CONSTITUTION AND REPUBLICAN DECREES NUMBER ONE, TWO AND THREE, DATED ASSAD 4, 1352 SHALL BE ABROGATED, THE PROVISIONS OF THE LAWS ISSUED PRIOR TO THE ENFORCEMENT OF THIS CONSTITUTION SHALL BE EFFECTIVE PROVIDED THEY ARE NOT REPUGNANT TO THE PROVISIONS AND VALUES OF THIS CONSTITUTION.

THE CONSTITUTION OF AFGHANISTAN 1987
CONTENTS DECREE OF THE PRESIDENT OF THE REPUBLIC OF AFGHANISTAN 1 - PREAMBLE 2 - CHAPTER ONE: FOUNDATIONS OF THE POLITICAL SYSTEM 3 - CHAPTER TWO: FOUNDATIONS OF THE SOCIOECONOMIC SYSTEM 4 - CHAPTER THREE: CITIZENSHIP, BASIC RIGHTS FREEDOMS AND OBLIGATIONSOF THE CITIZENS 5 - CHAPTER FOUR: LOYA JIRGA 6 - CHAPTER FIVE: THE PRESIDENT 7 - CHAPTER SIX: THE NATIONAL ASSEMBLY 8 - CHAPTER SEVEN: THE COUNCIL OF MINISTERS 9 - CHAPTER EIGHT: THE JUDICIARY 10 - CHAPTER NINE: THE ATTORNEY'S OFFICE 11 - CHAPTER TEN: THE CONSTITUTION COUNCIL 12 - CHAPTER ELEVEN: THE LOCAL COUNCILS 13 - CHAPTER TWELVE: THE FOREIGN POLICY 14 - CHAPTER THIRTEEN: MISCELLANEOUS PROVISIONS DECREE OF THE PRESIDENT OF THE REPUBLIC OF AFGHANISTAN NUMBER KABUL CITY

DATE (UNDATED) DECREE ON THE SIGNING AND REPUBLIC OF AFGHANISTAN. PROCLAMATION OF THE CONSTITUTION OF THE

THE LOYA JIRGA (GRAND ASSEMBLY) OF 8 AND 9 QAUS 1366 (29/30 NOVEMBER 1987) WHICH WAS HELD IN THE CITY OF KABUL ADOPTED THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN AS THE MOST SIGNIFICANT NATIONAL LEGAL INSTRUMENT IN THIRTEEN CHAPTERS AND ONE HUNDRED FORTY NINE ARTICLES. IN CONFORMITY WITH THE AUTHORITY BESTOWED UPON THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN WHICH HAS ENTERED INTO FORCE ON THE DAY OF ADOPTION, I HEREBY SIGN AND PROCLAIM THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN FOR ENSURING PEACE AND TRANQUILITY, FULL IMPLEMENTATION OF THE POLICY OF NATIONAL RECONCILIATION, PROSPERITY OF THE PEOPLE AND PROGRESS OF BELOVED AFGHANISTAN. DR NAJIBULLAH, PRESIDENT OF THE REPUBLIC OF AFGHANISTAN IN THE NAME OF ALLAH, THE BENEFICENT, THE MERCIFUL OUR BELOVED HOMELAND AFGHANISTAN HAS A PRIDEFUL HISTORY ENRICHED WITH THE HEROIC STRUGGLES OF OUR COURAGEOUS PEOPLE FOR FREEDOM, INDEPENDENCE, NATIONAL SOVEREIGNTY, DEMOCRACY AND SOCIAL PROGRESS. THE DEVELOPMENTS WHICH HAVE TAKEN PLACE IN THE COURSE OF RECENT YEARS HAVE PROVIDED FAVORABLE CONDITIONS FOR ATTAINING THE LOFTY OBJECTIVES OF THE PROGRESS OF THE HOMELAND AND PROSPERITY OF THE PEOPLE. IN THE PRESENT STAGE, THE PEOPLE'S DEMOCRATIC PARTY OF AFGHANISTAN, AS THE INITIATOR AND COORDINATOR OF THE POLICY OF NATIONAL RECONCILIATION, ACTIVELY CARRIES FORWARD TOGETHER WITH OTHER POLITICAL, NATIONAL AND DEMOCRATIC FORCES THIS HUMANITARIAN POLICY. THEREFORE, IN ORDER TO: CONSOLIDATE THE INDEPENDENCE, NATIONAL SOVEREIGNTY AND DEFEND THE TERRITORIAL INTEGRITY OF THE COUNTRY; ACHIEVE RECONCILIATION AND STRENGTHEN NATIONAL UNITY KEEPING IN VIEW THE OBJECTIVE REALITIES, THE BEST TRADITIONS AND CUSTOMS OF THE PEOPLE; ENSURE SOCIAL JUSTICE AND EQUALITY; DEVELOP NATIONAL ECONOMY AND RAISE THE LIVING STANDARDS OF THE PEOPLE; RAISE THE ROLE AND PRESTIGE OF OUR BELOVED HOMELAND AFGHANISTAN IN THE INTERNATIONAL ARENA; WE, THE REPRESENTATIVES OF THE PEOPLE OF AFGHANISTAN IN THE LOYA JIRGA, CONSCIOUS OF THE HISTORIC CHANGES THAT HAVE TAKEN PLACE IN OUR HOMELAND AND IN THE CONTEMPORARY WORLD, FOLLOWING THE TENETS OF THE SACRED RELIGION OF ISLAM, PRESERVING AND ENRICHING THE HERITAGE OF THE CONSTITUTIONAL MOVEMENT OF THE COUNTRY, RESPECTING THE UNITED NATIONS' CHARTER AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, ENDORSE THIS CONSTITUTION AS THE MOST IMPORTANT NATIONAL LEGAL INSTRUMENT ON 9.9.66 (29/30 NOVEMBER 1987) IN 13 CHAPTERS AND 149 ARTICLES. CHAPTER ONE FOUNDATIONS OF THE POLITICAL SYSTEM ARTICLE ONE:

THE REPUBLIC OF AFGHANISTAN IS AN INDEPENDENT UNITARY AND INDIVISIBLE STATE HAVING SOVEREIGNTY OVER THE WHOLE OF ITS TERRITORY. THE NATIONAL SOVEREIGNTY IN THE REPUBLIC OF AFGHANISTAN RESTS WITH THE PEOPLE. THE PEOPLE EXERCISE NATIONAL SOVEREIGNTY THROUGH LOYA JIRGA, NATIONAL ASSEMBLY AND LOCAL COUNCILS.

ARTICLE TWO: THE SACRED RELIGION OF ISLAM IS THE RELIGION OF AFGHANISTAN. IN THE REPUBLIC OF AFGHANISTAN NO LAW SHALL RUN COUNTER TO THE PRINCIPLES OF THE SACRED RELIGION OF ISLAM AND OTHER VALUES ENSHRINED IN THIS CONSTITUTION. ARTICLE THREE: THE REPUBLIC OF AFGHANISTAN IS A NONALIGNED COUNTRY WHICH DOES NOT JOIN ANY MILITARY BLOC AND DOES NOT ALLOW ESTABLISHMENT OF FOREIGN MILITARY BASES ON ITS TERRITORY. ARTICLE FOUR: THE DEFENSE OF INDEPENDENCE, NATIONAL SOVEREIGNTY AND TERRITORIAL INTEGRITY IS ONE OF THE FUNDAMENTAL DUTIES OF THE STATE. THE STATE ENSURES THE SECURITY AND DEFENSE CAPABILITY OF THE COUNTRY AND EQUIPS THE ARMED FORCES. ARTICLE FIVE: IN THE REPUBLIC OF AFGHANISTAN, POLITICAL PARTIES ALLOWED TO BE FORMED, PROVIDED THEIR PROGRAMS, RULES AND ACTIVITIES NOT OPPOSED TO THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF COUNTRY. A PARTY FORMED IN ACCORDANCE WITH THE PROVISIONS OF THE CANNOT BE DISSOLVED WITHOUT LEGAL CAUSE. ARTICLE SIX: THE NATIONAL FRONT OF THE REPUBLIC OF AFGHANISTAN, AS THE BROADEST, SOCIOPOLITICAL ORGANIZATION, UNITES POLITICAL PARTIES, SOCIAL ORGANIZATIONS AND INDIVIDUAL MEMBERS ENROLLED IN THEIR RANKS FOR ENSURING THEIR ACTIVE PARTICIPATION IN THE SOCIAL, POLITICAL AND CIVIC SPHERES ON THE BASIS OF A COMMON PROGRAM. ARTICLE SEVEN: TRADE UNIONS AND SOCIAL ORGANIZATIONS ARE ALLOWED TO BE FORMED IN THE REPUBLIC OF AFGHANISTAN IN ACCORDANCE WITH THE LAW. THE STATE ASSISTS IN PROMOTING THE ROLE OF TRADE UNIONS, PEASANTS' COOPERATIVES, YOUTH, WOMEN'S AND OTHER SOCIAL ORGANIZATIONS IN ALL SPHERES OF SOCIAL, POLITICAL, ECONOMIC AND CULTURAL LIFE OF THE COUNTRY AND ENSURES THE COOPERATION AND MUTUAL RELATIONS OF STATE ORGANS WITH THEM. ARTICLE EIGHT: ARE ARE THE LAW

PASHTU AND DARI ARE OFFICIAL LANGUAGES AMONG THE NATIONAL LANGUAGES OF THE COUNTRY. ARTICLE NINE: THE STATE EMBLEM OF THE REPUBLIC OF AFGHANISTAN CONSISTS OF A RISING SUN, ADYTUM AND PULPIT WITH A GREEN BACKGROUND, ENSCONCED IN TWO SHEAVES OF WHEAT, A WHEEL AND WITH A TRICOLOR RIBBON IN BLACK, RED AND GREEN. ARTICLE TEN: THE STATE FLAG OF THE REPUBLIC OF AFGHANISTAN IS A TRICOLOR DIVIDED INTO THREE HORIZONTAL EQUAL PARTS IN BLACK, RED AND GREEN STRIPES; THE EMBLEM SHALL BE, PLACED ON BOTH SIDES OF THE UPPER QUARTER OF THE FLAG CLOSE TO THE MAST. THE LENGTH OF THE FLAG SHALL BE DOUBLE ITS WIDTH. ARTICLE ELEVEN: THE CAPITAL OF THE REPUBLIC OF AFGHANISTAN IS KABUL. ARTICLE TWELVE: THE NATIONAL ANTHEM OF THE REPUBLIC OF AFGHANISTAN SHALL BE APPROVED BY THE HOUSE OF REPRESENTATIVES. CHAPTER TWO FOUNDATIONS OF THE SOCIOECONOMIC SYSTEM ARTICLE THIRTEEN: THE REPUBLIC OF AFGHANISTAN IS A MULTI-NATIONAL COUNTRY. THE STATE SHALL FOLLOW THE POLICY OF ALL ROUND GROWTH, UNDERSTANDING, FRIENDSHIP AND COOPERATION BETWEEN ALL NATIONALITIES, CLANS AND TRIBES OF THE COUNTRY FOR ENSURING POLITICAL, ECONOMIC, SOCIAL AND CULTURAL EQUALITY AND RAPID GROWTH AND DEVELOPMENT OF REGIONS WHICH ARE SOCIALLY, ECONOMICALLY AND CULTURALLY BACKWARD. THE STATE SHALL GRADUALLY PREPARE THE GROUNDS FOR THE CREATION OF ADMINISTRATIVE UNITS BASED ON NATIONAL CHARACTERISTICS. ARTICLE FOURTEEN: THE STATE SHALL ADOPT NECESSARY MEASURES FOR THE GROWTH OF CULTURE, LANGUAGE AND LITERATURE OF THE PEOPLE OF AFGHANISTAN AS WELL AS PRESERVE AND DEVELOP THE WORTHY CULTURAL, TRADITIONAL, LINGUISTIC, LITERARY AND FOLKLORIC LEGACY OF ALL NATIONALITIES, CLANS AND TRIBES. ARTICLE FIFTEEN: IN THE REPUBLIC OF AFGHANISTAN FAMILY CONSTITUTES THE BASIC UNIT OF THE SOCIETY. THE STATE SHALL ADOPT NECESSARY MEASURES FOR ENSURING THE HEALTH OF MOTHER AND CHILD AND FOR THE UPBRINGING OF CHILDREN.

ARTICLE SIXTEEN: THE STATE PERMANENTLY TAKES CARE OF THE YOUNG GENERATION AND PROVIDES NECESSARY OPPORTUNITIES FOR THEIR EDUCATION, EMPLOYMENT, RECREATION, REST, SPIRITUAL AND PHYSICAL GROWTH AND SHALL HELP THE BLOSSOMING OF THE TALENTS OF THE YOUTH. ARTICLE SEVENTEEN: THE STATE SHALL PROMOTE CONSTRUCTION TO PROVIDE STATE AND COOPERATIVE HOUSING AND HELP IN THE CONSTRUCTION OF PRIVATE HOUSES. ARTICLE EIGHTEEN: THE STATE SHALL IMPLEMENT THE ECONOMIC POLICY AIMED AT MOBILIZATION AND UTILIZATION OF THE COUNTRY'S RESOURCES FOR REMOVING BACKWARDNESS, RAISING THE LIVING STANDARDS OF THE PEOPLE AND DEVELOPMENT OF SOCIOECONOMIC STRUCTURE OF THE SOCIETY. TOWARDS THIS END, THE STATE SHALL FORMULATE AND PUT INTO PRACTICE SOCIOECONOMIC DEVELOPMENT PLANS. ARTICLE NINETEEN: IN THE REPUBLIC OF AFGHANISTAN, STATE, MIXED, COOPERATIVE, RELIGIOUS TRUST, AND PRIVATE PROPERTY AS WELL AS PROPERTIES OF POLITICAL AND SOCIAL ORGANIZATIONS EXIST. THE STATE PROTECTS ALL FORMS OF LAWFUL PROPERTIES. ARTICLE TWENTY: MINERAL RESOURCES, FORESTS, PASTURES AND OTHER NATIONAL WEALTH, BASIC ENERGY RESOURCES, HISTORIC RELICS, BANKS, INSURANCE INSTITUTIONS, MEANS OF COMMUNICATION, RADIO. TELEVISION, MAJOR DAMS, PORTS, MAIN MEANS OF PRODUCTION IN HEAVY INDUSTRY, TRANSPORT WAYS AND AIR TRANSPORT SHALL BE STATE PROPERTY. THE STATE SHALL DEVELOP AND STRENGTHEN THE STATE SECTOR OF THE ECONOMY. ARTICLE TWENTY ONE: THE STATE SHALL ASSIST STRENGTHENING AND EXPANSION OF COOPERATIVES AND SHALL ENCOURAGE THE VOLUNTARY PARTICIPATION OF THE PEOPLE TO THIS END. ARTICLE TWENTY TWO: THE STATE ENCOURAGES AND PROTECTS THE ACTIVITY OF INDIVIDUAL CRAFTSMEN AND THEIR VOLUNTARY PARTICIPATION IN TRADE UNIONS AND COOPERATIVES AND RENDERS AROUND ASSISTANCE FOR UPGRADING THEIR PROFESSIONAL SKILL, ENSURING MEANS OF LABOR AND THE SUPPLY OF RAW MATERIALS TO THEM AND SALE OF THEIR OUTPUT. ARTICLE TWENTY THREE: THE STATE GUARANTEES THE RIGHT OF OWNERSHIP OF LAND OF THE PEASANTS AND OTHER LAND OWNERS IN ACCORDANCE WITH THE LAW. THE STATE SHALL ADOPT

NECESSARY MEASURES FOR THE REALIZATION OF DEMOCRATIC CHANGES IN AGRICULTURE KEEPING IN VIEW THE INTERESTS OF PEASANTS AND OTHER LAND OWNERS. THE STATE ENCOURAGES THE ESTABLISHMENT OF BIG AGRICULTURAL AND MECHANIZED STATE, MIXED AND PRIVATE FARMS AND HELPS THE RECLAMATION OF VIRGIN LANDS: ARTICLE TWENTY FOUR: THE STATE GUARANTEES BY LAW THE USE OF PASTURES BY NOMADS BREEDERS. THE STATE SHALL ASSIST IN THE CREATION CONDITIONS FOR THE GROWTH OF ANIMAL HUSBANDRY, SALE PRODUCTS AND IMPROVEMENT OF ECONOMIC, SOCIAL AND LIVING NOMADS AND LIVESTOCK BREEDERS. ARTICLE TWENTY FIVE: THE STATE SHALL GUARANTEE THE SECURITY OF PRIVATE INVESTMENT FOR THE GROWTH OF NATIONAL ECONOMY AND PROTECT AND ENCOURAGE THE PARTICIPATION OF NATIONAL CAPITAL HOLDERS IN THE DEVELOPMENT OF INDUSTRY, COMMERCE, CONSTRUCTION, TRANSPORT AGRICULTURE AND SERVICES IN ACCORDANCE WITH THE LAW. THE STATE SHALL EXPAND AROUND AND BENEFICIAL RELATIONS WITH PRIVATE ENTREPRENEURS AND PROTECT THE PRIVATE SECTOR AGAINST THE COMPETITION OF FOREIGN CAPITAL. THE STATE SHALL TAKE INTO ACCOUNT THE INTERESTS OF PRIVATE SECTOR, IN ACCORDANCE WITH LAW, WHILE WORKING OUT THE FINANCIAL, CREDIT, CUSTOMS AND PRICE POLICIES. ARTICLE TWENTYSIX: IN THE REPUBLIC OF AFGHANISTAN DOMESTIC AND FOREIGN TRADE ARE REGULATED BY THE STATE, OBSERVING THE PEOPLE'S INTERESTS. TOWARDS THIS END, THE STATE ENCOURAGES THE ACTIVITY OF NATIONAL CAPITAL HOLDERS IN THE EXPANSION OF EXPORT AND IMPORT OF GOODS AND DEVELOPMENT OF WHOLESALE AND RETAIL TRADE, AND, UNDERTAKES THE FIXING AND CONTROLLING OF PRICES. THE STATE SHALL ENCOURAGE THE AUGMENTATION OF PRODUCTION AND RAISING OF THE QUALITY OF EXPORT GOODS AND PROTECTS THEM AGAINST THE COMPETITION OF FOREIGN CAPITAL AND MONOPOLIES. ARTICLE TWENTY SEVEN: FOR THE GROWTH OF THE NATIONAL ECONOMY, THE STATE PERMITS FOREIGN INVESTMENT IN THE REPUBLIC OF AFGHANISTAN AND REGULATES IT IN ACCORDANCE WITH THE LAW. ARTICLE TWENTY EIGHT: IN THE REPUBLIC OF AFGHANISTAN, NO FOREIGN CITIZEN SHALL ENJOY THE RIGHT TO OWN REAL ESTATE SUBJECT TO THE APPROVAL OF THE GOVERNMENT, REAL ESTATE MAY BE SOLD TO DIPLOMATIC MISSIONS AND FOREIGN GOVERNMENTS ON A RECIPROCAL BASIS AND ALSO TO INTERNATIONAL ORGANIZATIONS IN WHICH THE REPUBLIC OF AFGHANISTAN IS A MEMBER. ARTICLE TWENTY NINE: AND LIVESTOCK OF FAVORABLE OF LIVESTOCK STANDARDS OF

THE HEREDITARY RIGHT TO PROPERTY SHALL BE GUARANTEED BY LAW ON THE BASIS OF ISLAMIC SHARIAT. ARTICLE THIRTY: EXPROPRIATION IS ALLOWED ONLY IN PUBLIC INTEREST AND AGAINST JUST AND PRIOR COMPENSATION IN ACCORDANCE WITH THE LAW. CONFISCATION OF PROPERTY IS NOT ALLOWED WITHOUT THE SANCTION OF THE LAW AND THE RULING OF A COURT. ARTICLE THIRTY ONE: IN THE REPUBLIC OF AFGHANISTAN, THE CRITERIA, RATES AND TYPES OF TAXES AND DUTIES SHALL BE DETERMINED ON THE BASIS OF LAW AND SOCIAL JUSTICE. ARTICLE THIRTY TWO: THE STATE SHALL ADOPT AND IMPLEMENT NECESSARY MEASURES FOR THE PROTECTION OF NATURE, NATURAL WEALTH AND REASONABLE UTILIZATION OF NATURAL RESOURCES, IMPROVEMENT OF LIVING ENVIRONMENT, PREVENTION OF POLLUTION OF WATER AND AIR, AND CONSERVATION AND SURVIVAL OF ANIMALS AND PLANTS. CHAPTER THREE CITIZENSHIP, BASIC RIGHTS, FREEDOMS AND DUTIES OF CITIZENS ARTICLE THIRTY THREE: THE CITIZENSHIP OF THE REPUBLIC OF AFGHANISTAN IS EQUAL AND UNIFORM TO ALL CITIZENS. ACQUISITION AND LOSS OF CITIZENSHIP AND OTHER MATTERS RELATED TO IT ARE REGULATED BY LAW. EVERY INDIVIDUAL HAVING CITIZENSHIP OF THE REPUBLIC OF AFGHANISTAN IN ACCORDANCE WITH THE LAW SHALL HE CALLED AN AFGHAN. ARTICLE THIRTY FOUR: NO CITIZENS OF THE REPUBLIC OF AFGHANISTAN SHALL BE EXILED INSIDE OR OUTSIDE THE COUNTRY. ARTICLE THIRTY FIVE: NO CITIZEN OF THE REPUBLIC OF AFGHANISTAN SHALL BE EXTRADITED, TO A FOREIGN STATE. ARTICLE THIRTY SIX: THE CITIZENS OF THE REPUBLIC OF AFGHANISTAN LIVING ABROAD ENJOY THE PROTECTION OF THE STATE. THE STATE SHALL DEFEND THEIR RIGHTS AND LEGAL INTERESTS, STRENGTHEN THE RELATIONS OF AFGHANS LIVING ABROAD WITH THE COUNTRY, AND HELP THEIR RETURN TO THE HOMELAND. ARTICLE THIRTY SEVEN:

THE REPUBLIC OF AFGHANISTAN GUARANTEES, ACCORDING TO THE LAW, THE RIGHTS AND FREEDOMS OF FOREIGN CITIZENS AND INDIVIDUALS RESIDING IN AFGHANISTAN WITHOUT CITIZENSHIP. THEY ARE BOUND TO OBEY THE CONSTITUTION AND OTHER LAWS OF THE REPUBLIC OF AFGHANISTAN. ARTICLE THIRTY EIGHT: CITIZENS OF THE REPUBLIC OF AFGHANISTAN, BOTH MEN AND WOMEN HAVE EQUAL RIGHTS AND DUTIES BEFORE THE LAW, IRRESPECTIVE OF THEIR NATIONAL, RACIAL, LINGUISTIC, TRIBAL EDUCATIONAL AND SOCIAL STATUS, RELIGIOUS CREED POLITICAL CONVICTION, OCCUPATION, KINSHIP, WEALTH, AND RESIDENCE. DESIGNATION OF ANY ILLEGAL PRIVILEGE OR DISCRIMINATION AGAINST RIGHTS AND DUTIES OF CITIZENS ARE FORBIDDEN. ARTICLE THIRTY NINE: THE RIGHT TO LIFE IS THE NATURAL RIGHT OF EVERY HUMAN BEING. NO PERSON SHALL BE DEPRIVED OF THIS RIGHT UNLESS BY LAW. ARTICLE FORTY: IN THE REPUBLIC OF AFGHANISTAN, THE FREEDOM TO PERFORM RELIGIOUS RITES IS GUARANTEED TO ALL MUSLIMS. FOLLOWERS OF OTHER RELIGIONS ARE FREE TO PERFORM THEIR RELIGIOUS RITES. NO INDIVIDUAL HAS THE RIGHT TO ABUSE RELIGION FOR ANTI-NATIONAL AND ANTI-PEOPLE PROPAGANDA PURPOSES CREATION OF ENMITY AND COMMISSION OF OTHER DEEDS CONTRARY TO THE INTERESTS OF THE REPUBLIC OF AFGHANISTAN. ARTICLE FORTY ONE: LIBERTY IS THE NATURAL RIGHT OF EVERY HUMAN BEING. THIS RIGHT IS UNLIMITED, EXCEPT IN SO FAR AS IT HARMS THE FREEDOM OF OTHERS AND PUBLIC INTERESTS AS DEFINED BY LAW. LIBERTY AND HUMAN DIGNITY ARE INVIOLABLE AND THE STATE RESPECTS AND PROTECTS THEM. INNOCENCE IS THE ORIGINAL STATE AND THE ACCUSED IS PRESUMED INNOCENT UNLESS FOUND GUILTY BY A FINAL VERDICT OF A COURT OF LAW. NO ACT IS CONSIDERED A CRIME, EXCEPT AS PRESCRIBED BY LAW. NO PERSON SHALL BE ACCUSED OF COMMITTING A CRIME UNLESS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. NO PERSON CAN BE ARRESTED OR DETAINED, EXCEPT IN ACCORDANCE WITH THE LAW. NO PERSON CAN BE PUNISHED UNLESS BY A VERDICT OF A COURT IN ACCORDANCE WITH THE PROVISIONS OF LAW AND IN PROPORTION TO THE CRIME COMMITTED. CRIME IS A PERSONAL DEED; NO OTHER PERSON SHALL BE PUNISHED FOR ITS COMMISSION. THE ACCUSED HAS THE RIGHT TO DEFEND HIMSELF PERSONALLY OR THROUGH AN ADVOCATE. ARTICLE FORTY TWO: IN THE REPUBLIC OF AFGHANISTAN PUNISHMENT INCOMPATIBLE WITH HUMAN DIGNITY; TORTURE AND EXCRUCIATION ARE PROHIBITED. OBTAINING CONFESSION, TESTIMONY OR STATEMENT FROM AN ACCUSED OR ANY OTHER PERSON BY COMPULSION OR THREAT IS PROHIBITED. STATEMENTS OR TESTIMONY TAKEN FROM AN ACCUSED OR OTHER PERSON BY MEANS OF COMPULSION SHALL NOT BE VALID. A PUBLIC SERVANT WHO TORTURES AN ACCUSED OR ANY OTHER PERSON FOR OBTAINING STATEMENTS, TESTIMONY OR CONFESSION, OR WHO ISSUES ORDERS FOR

TORTURE, SHALL BE PUNISHED IN ACCORDANCE WITH THE LAW. ACTING ON THE ORDERS OF SUPERIORS IN THE COMMISSION OF UNLAWFUL DEEDS CANNOT BE THE GROUND FOR THE PLEA OF INNOCENCE. ARTICLE FORTY THREE: INDEBTEDNESS CANNOT BE THE CAUSE OF DEPRIVATION OF A PERSON'S LIBERTY. THE WAYS AND MEANS OF RECOVERING DEBTS SHALL BE REGULATED BY THE LAW. ARTICLE FORTY FOUR: IN THE REPUBLIC OF AFGHANISTAN, THE INVIOLABILITY OF RESIDENCE IS GUARANTEED. NO PERSON, INCLUDING A STATE REPRESENTATIVE CAN ENTER OR SEARCH A RESIDENCE WITHOUT THE PERMISSION OF THE RESIDENT AND EXCEPT IN CIRCUMSTANCES AND UNDER PROCEDURES PRESCRIBED BY THE LAW. ARTICLE FORTY FIVE: IN THE REPUBLIC OF AFGHANISTAN, CONFIDENTIALITY OF CORRESPONDENCE, TELEPHONE CONVERSATIONS, TELEGRAMS AND OTHER COMMUNICATIONS IS GUARANTEED. NO ONE, INCLUDING A STATE REPRESENTATIVE, SHALL INTERCEPT TELEPHONE CONVERSATIONS, TELEGRAPHIC COMMUNICATIONS AND OTHER COMMUNICATIONS EXCEPT UNDER THE PROVISIONS OF THE LAW. ARTICLE FORTY SIX: CITIZENS OF THE REPUBLIC OF THEIR DUTIES UNLAWFUL AND RESPONSIBLE OFFICIALS PROCEDURES OF WHICH SHALL ARTICLE FORTY SEVEN: CITIZENS OF THE REPUBLIC OF AFGHANISTAN ARE ENTITLED TO TAKE PART IN SOCIOPOLITICAL LIFE AND THE ADMINISTRATION OF THE STATE, DIRECTLY OR THROUGH THEIR REPRESENTATIVES. ARTICLE FORTY EIGHT: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO ELECT OR BE ELECTED. CONDITIONS AND PROCEDURES OF EXERCISING THIS RIGHT SHALL BE REGULATED BY LAW. ARTICLE FORTY NINE: CITIZENS OF THE REPUBLIC OF AFGHANISTAN ENJOY THE RIGHT OF FREEDOM OF THOUGHT AND EXPRESSION. CITIZENS CAN EXERCISE THIS RIGHT OPENLY, IN SPEECH AND IN WRITING, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. PRE CENSORSHIP OF THE PRESS IS NOT ALLOWED. ARTICLE FIFTY: OF AFGHANISTAN WHO SUFFER IN THE PERFORMANCE DAMAGE BY STATE ORGANS, SOCIAL ORGANIZATIONS ARE ENTITLED TO COMPENSATION, CONDITIONS AND BE REGULATED BY LAW.

CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO ASSEMBLY, PEACEFUL DEMONSTRATION AND STRIKE, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE FIFTY ONE: CITIZENS OF THE REPUBLIC OF AFGHANISTAN ENJOY THE RIGHT TO PETITION, CRITICIZE AND MAKE SUGGESTIONS, EITHER INDIVIDUALLY OR COLLECTIVELY. STATE ORGANS, SOCIAL ORGANIZATIONS AND RESPONSIBLE OFFICIALS ARE BOUND TO CONSIDER THE PETITIONS, CRITICISMS AND PROPOSALS AND TAKE NECESSARY ACTIONS IN REGARD TO THEM WITHIN THE TIME PRESCRIBED BY LAW. PROSECUTION FOR CRITICISM IS FORBIDDEN. ARTICLE FIFTY TWO: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO WORK AND ARE ENTITLED TO EQUAL PAY FOR EQUAL WORK. THE STATE, THROUGH ENACTMENT AND APPLICATION OF JUST AND PROGRESSIVE LABOR LAWS, SHALL PROVIDE NECESSARY CONDITIONS FOR THE CITIZENS TO ENJOY THIS RIGHT. ARTICLE FIFTY THREE: IMPOSITION OF FORCED LABOR IS FORBIDDEN. PERFORMANCE OF COMPULSORY LABOR IN WAR TIME, NATURAL CALAMITY AND OTHER STATES OF EMERGENCY WHICH THREATEN PUBLIC LIFE AND WELFARE SHALL BE EXCLUDED FROM THIS. ARTICLE FIFTY FOUR: CITIZENS OF THE REPUBLIC OF AFGHANISTAN, SUBJECT TO THE NEEDS OF THE SOCIETY AND ON THE BASIS OF THE FIELD OF EXPERTISE, HAVE THE RIGHT TO HOLD STATE POSTS AND CHOOSE THEIR OCCUPATION. ARTICLE FIFTY FIVE: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO REST. THE STATE DEFINES THE WORKING HOURS AND THE PERIODIC HOLIDAYS WITH SALARY AND THE SPECIFICATIONS OF WORK DURING HOLIDAYS, FESTIVALS, EIDS AND SHALL PROVIDE CONDITIONS FOR REST, GROWTH OF CULTURAL, ARTISTIC ESTABLISHMENTS, PHYSICAL TRAINING, SPORTS AND HEALTHY RECREATION. ARTICLE FIFTY SIX: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO FREE EDUCATION. THE STATE SHALL ADOPT NECESSARY MEASURES FOR ERADICATION OF ILLITERACY, GENERALIZATION OF BALANCED EDUCATION, IN MOTHER TONGUE, ENSURING COMPULSORY PRIMARY EDUCATION, GRADUAL EXPANSION OF GENERAL, INTERMEDIATE, TECHNICAL AND VOCATIONAL EDUCATION, AND GROWTH OF THE SYSTEM OF HIGHER EDUCATION FOR TRAINING NATIONAL CADRES. IN THE REPUBLIC OF AFGHANISTAN FOREIGN NATIONALS ARE ALLOWED TO ESTABLISH SCHOOLS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THESE SCHOOLS SHALL BE BASED OF THE FOREIGNERS ONLY. ARTICLE FIFTY SEVEN:

CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO HEALTH AND SOCIAL SECURITY. THE STATE SHALL ADOPT NECESSARY MEASURES FOR EXPANSION OF ALL-ROUND, BALANCED AND NATION WIDE MEDICAL SERVICES, EXPANSION OF HOSPITALS, HEALTH CENTERS, TRAINING OF DOCTORS AND PERSONNEL FOR MEDICAL SERVICES, UNIVERSAL PREVENTION OF DISEASES, EXPANSION OF FREE HEALTH SERVICES, ARRANGEMENT AND ENCOURAGEMENT OF PRIVATE MEDICAL SERVICES, IMPROVEMENT OF MATERIAL WELFARE OF THE ELDERLY, WAR AND WORK DISABLED AND DEPENDENTS OF MARTYRS. ARTICLE FIFTY EIGHT: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO SCIENTIFIC, TECHNICAL AND ARTISTIC ACTIVITIES. THE STATE ENSURES SYSTEMATIC PROGRESS OF SCIENCE AND TRAINING OF SCIENTIFIC CADRES, PROTECTS THE RIGHTS OF AUTHORS AND INVENTORS, ENCOURAGES AND PROTECTS SCIENTIFIC RESEARCH IN ALL SPHERES AND GENERALIZES THE EFFECTIVE USE OF THE RESULTS OF SCIENTIFIC RESEARCH. ARTICLE FIFTY NINE: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO TRAVEL AND FREE CHOICE OF DOMICILE AND RESIDENCE IN THE COUNTRY. THE STATE IS AUTHORIZED TO BAN TEMPORARILY TRAVEL, SETTLEMENT AND RESIDENCE IN PARTICULAR AREAS OF THE COUNTRY FOR THE PURPOSES OF MAINTAINING SECURITY AND PUBLIC ORDER, PREVENTION OF EPIDEMIC DISEASES AND PROTECTION OF THE RIGHTS AND LIBERTIES OF INDIVIDUALS. ARTICLE SIXTY: CITIZENS OF THE REPUBLIC OF AFGHANISTAN ENJOY ACCORDING TO LAW THE RIGHT TO TRAVEL ABROAD AND RETURN HOME. ARTICLE SIXTY ONE: EVERY CITIZEN OF THE REPUBLIC OF AFGHANISTAN IS BOUND TO OBSERVE THE CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN. IGNORANCE OF PROVISIONS OF LAW IS NO EXCUSE. ARTICLE SIXTY TWO: CITIZENS OF THE REPUBLIC OF AFGHANISTAN AND FOREIGNERS ARE BOUND TO PAY TAXES AND DUTIES TO THE STATE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE SIXTY THREE: THE DEFENSE OF HOMELAND, INDEPENDENCE, NATIONAL SOVEREIGNTY AND TERRITORIAL INTEGRITY OF THE COUNTRY IS THE PRIDEFUL DUTY OF THE CITIZENS OF THE REPUBLIC OF AFGHANISTAN. CONDITIONS OF SERVICE IN THE ARMED FORCES SHALL BE REGULATED BY LAW. ARTICLE SIXTY FOUR:

THE STATE SHALL PROVIDE NECESSARY CONDITIONS FOR THE CITIZENS TO EXERCISE THEIR FUNDAMENTAL RIGHTS AND FREEDOMS AND DISCHARGE THEIR DUTIES. NO PERSON HAS THE RIGHT TO EXERCISE THE RIGHTS AND FREEDOMS ENSHRINED IN THE LAW AGAINST PUBLIC INTEREST AND TO THE DETRIMENT OF THE RIGHTS AND FREEDOMS OF OTHER CITIZENS. CHAPTER FOUR LOYA JIRGA (GRAND ASSEMBLY) ARTICLE SIXTY FIVE: THE LOYA JIRGA IS THE HIGHEST MANIFESTATION OF THE WILL OF THE PEOPLE OF AFGHANISTAN IN ACCORDANCE WITH NATIONAL HISTORICAL TRADITIONS. ARTICLE SIXTY SIX: THE LOYA JIRGA CONSISTS OF: 1) TEN MEMBERS OF THE NATIONAL ASSEMBLY. 2) THE PEOPLE'S DEPUTIES FROM EACH PROVINCE AND ITS EQUIVALENT. 3) GOVERNORS OF PROVINCES AND MAJOR OF KABUL. 4) PRIME MINISTER, DEPUTY PRIME MINISTERS AND MEMBERS OF THE COUNCIL OF MINISTERS, 5) CHIEF JUSTICE, DEPUTY CHIEF JUSTICES AND JUDGES OF THE SUPREME COURT. 6) ATTORNEY GENERAL AND HIS DEPUTIES. 7) CHAIRMAN AND MEMBERS OF THE CONSTITUTIONAL COUNCIL. 8) MEMBERS OF THE EXECUTIVE BOARD OF THE NATIONAL FRONT. 9) A MAXIMUM OF FIFTY PERSONS FROM AMONG PROMINENT POLITICAL, SCIENTIFIC, SOCIAL AND SPIRITUAL FIGURES TO BE APPOINTED BY THE PRESIDENT ON THE BASIS OF THE RECOMMENDATION OF THE SECRETARIAT OF THE NATIONAL FRONT. ARTICLE SIXTY SEVEN: THE LOYA JIRGA ENJOYS THE FOLLOWING POWERS: 1) TO APPROVE AND AMEND THE CONSTITUTION. 2) TO ELECT THE PRESIDENT AND TO ACCEPT THE PRESIDENT'S RESIGNATION. 3) TO CONSENT TO THE DECLARATION OF WAR AND ARMISTICE. 4) TO ADOPT DECISIONS ON THE MOST IMPORTANT QUESTIONS REGARDING THE DESTINY OF THE COUNTRY. ARTICLE SIXTY EIGHT: SAVE IN CASES OTHERWISE DEFINED IN THIS CONSTITUTION, THE LOYA JIRGA SHALL BE SUMMONED AND OPENED BY THE PRESIDENT AND ITS SESSIONS SHALL BE HELD UNDER THE CHAIRMANSHIP OF THE PRESIDENT OR ANY OTHER PERSON APPOINTED BY THE PRESIDENT AS HIS REGENT. THE QUORUM FOR THE LOYA JIRGA SHALL BE TWO THIRD OF ITS MEMBERS PRESENT. SAVE IN CASES OTHERWISE DEFINED IN THIS CONSTITUTION, THE DECISIONS OF THE LOYA JIRGA SHALL BE ADOPTED BY A MAJORITY VOTE OF ITS MEMBERS. ARTICLE SIXTY NINE:

DURING THE TIME WHEN THE HOUSE OF REPRESENTATIVES REMAINS DISSOLVED, ITS MEMBERS SHALL RETAIN THEIR MEMBERSHIP OF THE LOYA JIRGA TILL A NEW HOUSE IS ELECTED. ARTICLE SEVENTY: ELECTIONS TO LOYA JIRGA SHALL BE REGULATED BY LAW AND ITS PROCEDURE LAID DOWN BY THE LOYA JIRGA ITSELF.

CHAPTER FIVE THE PRESIDENT ARTICLE SEVENTY ONE: THE PRESIDENT IS THE HEAD OF THE STATE AND SHALL EXERCISE HIS POWERS IN LEGISLATIVE, EXECUTIVE AND JUDICIAL SPHERES IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN. ARTICLE SEVENTY TWO: THE PRESIDENT SHALL BE ELECTED BY A MAJORITY VOTE OF THE MEMBERS OF THE LOYA JIRGA FOR A TERM OF SEVEN YEARS. NO PERSON CAN BE ELECTED AS PRESIDENT FOR MORE THAN TWO TERMS. THE PRESIDENT IS ACCOUNTABLE AND SHALL REPORT TO LOYA JIRGA. THE LOYA JIRGA SHALL BE CALLED TO ELECT A NEW PRESIDENT THIRTY DAYS BEFORE THE END OF THE TERM OF OFFICE OF THE OUTGOING PRESIDENT. ARTICLE SEVENTY THREE: ANY MUSLIM CITIZEN OF THE REPUBLIC OF AFGHANISTAN WHO HAS COMPLETED THE AGE OF FORTY AND WHO AND WHOSE WIFE ARE BORN OF AFGHAN PARENTS AND ENJOYS CIVIL AND POLITICAL RIGHT CAN BE ELECTED PRESIDENT. ARTICLE SEVENTY FOUR: THE PRESIDENT, AFTER BEING ELECTED, SHALL TAKE THE FOLLOWING OATH: 'I SWEAR IN THE NAME OF ALLAH, THE ALMIGHTY, TO PROTECT THE PRINCIPLES OF SACRED RELIGION OF ISLAM, OBSERVE THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN AND SUPERVISE ITS IMPLEMENTATION, SAFEGUARD THE INDEPENDENCE, NATIONAL SOVEREIGNTY AND TERRITORIAL INTEGRITY OF AFGHANISTAN, PRESERVE THE BASIC RIGHTS AND FREEDOMS OF THE CITIZENS AND EXERT ALL MY EFFORTS TO ENSURE SOCIAL JUSTICE, PEOPLE'S PROSPERITY, STRENGTHENING OF PEACE AND PROGRESS IN THE COUNTRY'. ARTICLE SEVENTY FIVE: THE PRESIDENT SHALL ENJOY THE FOLLOWING POWERS IN ADDITION TO THOSE ENTRUSTED TO HIM BY OTHER PROVISIONS OF THE CONSTITUTION:

1) SUPREME COMMAND OF THE ARMED FORCES. 2) TO SIGN LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY. 3) TO APPOINT THE PRIME MINISTER DESIGNATE TO FORM THE GOVERNMENT. 4) TO APPROVE THE HEAD AND MEMBERS OF THE GOVERNMENT AFTER THEY HAVE RECEIVED THE VOTE OF CONFIDENCE OF THE NATIONAL ASSEMBLY AND TO ACCEPT THEIR RESIGNATIONS. 5) TO CONVENE AND PRESIDE OVER THE COUNCIL OF MINISTERS WHEN NECESSARY. 6) TO APPROVE THE APPOINTMENT, PROMOTION AND PENSION OF JUDGES, HIGH RANKING OFFICIALS AND OFFICERS OF THE ARMED FORCES, ACCORDING TO THE PROVISIONS OF THE LAW. 7) TAKE DECISIONS ON ASCERTAINING PUBLIC OPINION OR HOLDING REFERENDUM ON MAJOR POLITICAL, SOCIAL AND ECONOMIC ISSUES. 8) PARDON AND REMIT SENTENCES. 9) ACCREDIT THE HEADS OF DIPLOMATIC MISSIONS OF THE REPUBLIC AFGHANISTAN TO FOREIGN COUNTRIES AND INTERNATIONAL ORGANISATIONS. OF

10) ACCEPT THE CREDENTIALS OF THE HEADS OF DIPLOMATIC MISSIONS OF FOREIGN STATES TO THE REPUBLIC OF AFGHANISTAN. 11) PROCLAIM A STATE OF EMERGENCY, GENERAL AND PARTIAL MOBILIZATION AND THEIR TERMINATION. 12) DECLARE WAR AND ARMISTICE WITH THE CONSENT OF LOYA JIRGA. 13) AUTHORIZE THE ISSUE OF MONEY. 14) GRANT CITIZENSHIP AND ASYLUM IN ACCORDANCE WITH THE LAW. 15) GRANT HONOURARY ORDERS, MEDALS AND TITLES AS PER THE LAW. 16) EXERCISE OTHER POWERS IN ACCORDANCE WITH THE LAW. ARTICLE SEVENTY SIX: THE PRESIDENT SHALL CONTINUE IN OFFICE TILL THE END OF HIS TERM EXCEPT IN THE EVENT OF PROTRACTED AND IRREVERSIBLE ILLNESS AND OR RESIGNATION. IN ALL CASES WHEN THE PRESIDENT IS UNABLE TO DISCHARGE HIS DUTIES, THE PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TO THE FIRST VICE PRESIDENT. IN CASE OF PERMANENT LOSS OF ABILITY TO WORK, DEATH OR RESIGNATION OF THE PRESIDENT, THE FIRST VICE PRESIDENT SHALL INVITE THE LOYA JIRGA WITHIN ONE MONTH TO ELECT A NEW PRESIDENT. IN THE EVENT OF RESIGNATION, THE PRESIDENT SHALL SUBMIT HIS RESIGNATION DIRECTLY TO THE LOYA JIRGA. CHAPTER SIX THE NATIONAL ASSEMBLY ARTICLE SEVENTY SEVEN: THE NATIONAL ASSEMBLY IS THE HIGHEST LEGISLATIVE ORGAN OF THE REPUBLIC OF AFGHANISTAN. ARTICLE SEVENTY EIGHT:

THE NATIONAL ASSEMBLY CONSISTS REPRESENTATIVES AND THE SENATE. ARTICLE SEVENTY NINE:

OF

TWO

HOUSES:

THE

HOUSE

OF

THE MEMBERS OF THE HOUSE OF REPRESENTATIVES SHALL BE ELECTED FROM ELECTORAL CONSTITUENCIES HAVING EQUAL POPULATION, FOR A LEGISLATIVE TERM OF FIVE YEARS. MEMBERS OF THE SENATE (SENATORS) ARE ELECTED AND APPOINTED IN THE FOLLOWING MANNER: 1) TWO PERSONS FROM EACH PROVINCE AND EQUIVALENT UNITS FOR A PERIOD OF FIVE YEARS. 2) TWO PERSONS FROM AMONG THE MEMBERS OF EACH PROVINCIAL COUNCIL AND ITS EQUIVALENT ELECTED BY THE COUNCIL FOR A TERM OF THREE YEARS. 3) THE REMAINING ONE THIRD OF THE MEMBERS SHALL BE APPOINTED FOR A PERIOD OF THREE YEARS BY THE PRESIDENT FROM AMONGST WELL INFORMED, SCHOLARLY, PRESTIGIOUS AND NATIONAL FIGURES. ARTICLE EIGHTY: THE NUMBER, CONDITIONS, PROCEDURE OF ELECTION AND APPOINTMENT OF THE MEMBERS OF THE NATIONAL ASSEMBLY SHALL BE REGULATED BY LAW. ARTICLE EIGHTY ONE: IN ADDITION TO OTHER POWERS PRESCRIBED IN THIS NATIONAL ASSEMBLY SHALL ENJOY THE FOLLOWING POWERS: CONSTITUTION, THE

1) TO APPROVE, AMEND AND REPEAL LAWS AND LEGISLATION DECREES AND TO PRESENT THEM TO THE PRESIDENT FOR SIGNATURE. 2) TO INTERPRET LAWS. 3) TO RATIFY AN ANNUL INTERNATIONAL TREATIES. 4) TO APPROVE SOCIO-ECONOMIC DEVELOPMENT GOVERNMENT'S REPORT ON THEIR EXECUTION. PLANS AND ENDORSE THE

5) TO APPROVE THE STATE BUDGET AND EVALUATE THE REPORT ON ITS EXECUTION. 6) TO ESTABLISH ADMINISTRATIVE UNITS AND MAKE CHANGES IN THEM. 7) TO ESTABLISH AND ABOLISH MINISTRIES AND CENTRAL ORGANS EQUIVALENT TO THEM. 8) TO DECIDE ON THE APPOINTMENT AND REMOVAL OF VICE PRESIDENTS ON THE BASIS OF RECOMMENDATION AND REQUEST OF THE PRESIDENT. 9) TO AUTHORIZE THE STATE TO RECEIVE LOANS AND GRANT PRIVILEGES OF SUBSTANTIAL IMPORTANCE IN NATIONAL ECONOMY, INCLUDING MONOPOLY.

10) TO INSTITUTE BY LAW HONOURARY ORDERS, MEDALS AND TITLES. 11) TO ENDORSE ESTABLISHMENT OF RELATIONS WITH FOREIGN COUNTRIES AND INTERNATIONAL ORGANISATIONS. 12) TO ELICIT REPLIES FROM THE PRIME MINISTER AND OTHER MEMBERS OF GOVERNMENT CONCERNING PERFORMANCE RELATING TO THEIR AUTHORITY DURING INTERPELLATIONS SESSION. ARTICLE EIGHTY TWO: THE HOUSE OF REPRESENTATIVES SHALL HAVE THE FOLLOWING EXCLUSIVE POWERS: 1) TO PASS A VOTE OF CONFIDENCE OR NO CONFIDENCE IN THE COUNCIL OF MINISTERS OR ONE OF ITS MEMBERS. 2) TO TAKE FINAL DECISION ON THE DRAFT PLANS FOR ECONOMIC AND SOCIAL DEVELOPMENT AND THE STATE BUDGET IN THE EVENT OF DISAGREEMENT BETWEEN THE HOUSE OF REPRESENTATIVES AND THE SENATE. ARTICLE EIGHTY THREE: EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL APPOINT AT ITS FIRST SESSION, A COMMISSION FROM AMONG ITS MEMBERS TO AUTHENTICATE THE CREDENTIALS. THE COMMISSION SHALL REPORT THE RESULTS OF ITS FINDINGS TO THE HOUSE CONCERNED. THE HOUSE SHALL CONFIRM THE CREDENTIALS OF THE DEPUTIES OF THE NATIONAL ASSEMBLY ON THE BASIS OF THE REPORT AND IN CASE OF VIOLATION OF THE ELECTORAL LAW, THE HOUSE SHALL DECLARE THE CREDENTIALS OF THE MEMBER CONCERNED AS INVALID. ARTICLE EIGHTY FOUR: THE HOUSE OF REPRESENTATIVES ELECTS AT ITS FIRST SESSION FROM AMONG ITS MEMBERS AN EXECUTIVE COMMITTEE COMPOSED OF A CHAIRMAN, TWO DEPUTY CHAIRMEN AND TWO SECRETARIES FOR THE WHOLE TERM OF THE LEGISLATURE. THE SENATE ELECTS FROM AMONG ITS MEMBERS AN EXECUTIVE COMMITTEE COMPOSED OF A CHAIRMAN FOR A TERM OF FIVE YEARS, TWO DEPUTY CHAIRMEN AND TWO SECRETARIES FOR A TERM OF ONE YEAR. THE CHAIRMAN OF EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL CONDUCT AND MAINTAIN ORDER IN THE RESPECTIVE SESSIONS OF THE HOUSES. IN THE ABSENCE OF THE CHAIRMAN ONE OF THE DEPUTY CHAIRMEN SHALL DISCHARGE HIS DUTIES. ARTICLE EIGHTY FIVE: THE ORDINARY SESSIONS OF THE NATIONAL ASSEMBLY ARE HELD TWICE A YEAR, IN THE FIRST WEEK OF THE MONTH OF SUNBOLA AND THE FIRST WEEK OF THE MONTH OF HOOT. EACH REGULAR SESSION OF THE NATIONAL ASSEMBLY, SHALL NOT EXTEND TO MORE THAN THREE MONTHS. IF THE NATIONAL ASSEMBLY IS DISCUSSING THE ANNUAL BUDGET OR THE DEVELOPMENT PLAN, ITS SESSION SHALL NOT BE WOUND UP BEFORE THEIR ENDORSEMENT. IF THE BUDGET IS NOT ENDORSED BEFORE THE BEGINNING OF THE FISCAL YEAR, THE BUDGET OF THE PREVIOUS YEAR SHALL APPLY TILL THE ENDORSEMENT OF THE NEW ANNUAL BUDGET. AN EXTRAORDINARY SESSION OF THE NATIONAL ASSEMBLY CAN BE HELD ON THE

DECISION OF THE PRESIDENT, REQUEST OF CHAIRMAN OF EITHER HOUSE OR OF ONE FIFTH OF MEMBERS OF EACH HOUSE. ARTICLE EIGHTY SIX: THE HOUSES OF NATIONAL ASSEMBLY SHALL HOLD SEPARATE OR JOINT SESSIONS. THE JOINT SESSIONS OF THE NATIONAL ASSEMBLY ARE CHAIRED ALTERNATELY BY THEIR CHAIRMEN. THE PRESIDENT INAUGURATES AND CONCLUDES THE SESSION OF THE NATIONAL ASSEMBLY. THE FIRST SESSION OF NATIONAL ASSEMBLY SHALL BE SUMMONED BY THE PRESIDENT, THIRTY DAYS AFTER THE CONCLUSION OF THE ELECTIONS TO THE HOUSE OF REPRESENTATIVES. ARTICLE EIGHTY SEVEN: THE QUORUM FOR BOTH HOUSES OF THE NATIONAL ASSEMBLY SHALL BE COMPLETED WHEN TWO THIRD OF THE MEMBERS OF EACH HOUSE ARE PRESENT. THE DECISION OF EACH HOUSE IS PASSED BY A MAJORITY VOTE OF ITS TOTAL MEMBERSHIP. ARTICLE EIGHTY EIGHT: THE SEPARATE AND JOINT SESSIONS OF THE HOUSES OF NATIONAL ASSEMBLY SHALL BE OPEN, UNLESS THE HOUSES DECIDE TO MEET IN CLOSED SESSIONS. THE PROCEEDINGS OF THE DEBATES OF BOTH THE HOUSES SHALL BE RECORDED. ARTICLE EIGHTYNINE: EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL ELECT FROM AMONG ITS MEMBERS STANDING COMMISSIONS FOR THE PRELIMINARY CONSIDERATION AND ARRANGEMENT OF THE ISSUES WITHIN ITS COMPETENCE AND THE SUPERVISION OF THE IMPLEMENTATION OF LAWS AND DECISIONS OF THE HOUSE. ARTICLE NINETY: EACH HOUSE OF THE NATIONAL ASSEMBLY IS EMPOWERED TO CONSTITUTE INVESTIGATION, AUDITING AND OTHER TEMPORARY COMMISSIONS AS MAY BE REQUIRED. THE TASKS AND PROCEDURES OF THE INVESTIGATION AND AUDITING COMMISSIONS SHALL BE REGULATED BY THE RESPECTIVE HOUSES OF THE NATIONAL ASSEMBLY. ARTICLE NINTY ONE: MEMBER OF THE HOUSE OF REPRESENTATIVES HAVE THE RIGHT TO PUT QUESTIONS TO THE PRIME MINISTER OR ANY MEMBER OF THE GOVERNMENT IN THE INTERPELLATIONS SESSION. ANSWERS TO THE QUESTIONS SHALL BE PRESENTED IN WRITING OR ORALLY. THE HOUSE OF REPRESENTATIVES CAN CONSIDER ON THE BASIS OF THE ANSWERS PRESENTED THE MOTION OF VOTE OF CONFIDENCE IN THE GOVERNMENT. A GOVERNMENT WHICH FAILS TO RECEIVE THE VOTE OF CONFIDENCE SHALL CONTINUE IN OFFICE TILL A NEW GOVERNMENT IS FORMED. ARTICLE NINETY TWO: MEMBERS OF THE COUNCIL OF MINISTERS, HAVING ATTEND THE MEETINGS OF THE NATIONAL ASSEMBLY. CONSULTATIVE VOTE MAY

ARTICLE NINETY THREE: MEMBERS OF THE NATIONAL ASSEMBLY HAVE THE RIGHT TO VOTE AND EXPRESS THEIR VIEWS IN SEPARATE AND JOINT SESSIONS. NO MEMBER OF THE NATIONAL ASSEMBLY SHALL BE SUBJECTED TO LEGAL PROSECUTION FOR A VOTE OR VIEWS EXPRESSED INSIDE OR OUTSIDE THE NATIONAL ASSEMBLY. SAVE IN CASES OF PRIMA FACIE EVIDENCE OF CRIMES, NO MEMBER OF THE NATIONAL ASSEMBLY CAN BE ARRESTED, DETAINED OR SUBJECTED TO JUDICIAL SURVEILLANCE WITHOUT THE CONSENT OF THE HOUSE CONCERNED OR WITHOUT THE CONSENT OF ITS EXECUTIVE COMMITTEE DURING THE INTERVAL BETWEEN TWO SESSIONS OF THE NATIONAL ASSEMBLY. IF A MEMBER OF THE NATIONAL ASSEMBLY IS ARRESTED ON A PRIMA FACIE CASE, THE EXECUTIVE COMMITTEE OF THE HOUSE CONCERNED SHALL BE INFORMED. ARTICLE NINETY FOUR: THE FOLLOWING AUTHORITIES HAVE THE RIGHT TO PROPOSE INTRODUCTION, AMENDMENT AND REPEAL OF LAW IN EACH HOUSE OF THE NATIONAL ASSEMBLY: 1) THE PRESIDENT. 2) THE STANDING COMMISSIONS OF THE NATIONAL ASSEMBLY. 3) AT LEAST ONE TENTH OF MEMBERSHIP OF EACH HOUSE. 4) THE COUNCIL OF MINISTERS. 5) THE SUPREME COURT. 6) THE ATTORNEY GENERAL. 7) THE EXECUTIVE BOARD OF THE NATIONAL FRONT. 8) COUNCIL OF ULEMA AND CLERGYMEN. ARTICLE NINETY FIVE: SAVE IN CASES DEFINED OTHERWISE IN THIS CONSTITUTION, THE DECISIONS OF ONE OF THE HOUSES RELATING TO POWERS DESCRIBED UNDER ARTICLE EIGHTYONE SHALL BE DELIVERED TO THE OTHER HOUSE. IF THE DECISION OF ONE HOUSE IS REJECTED BY THE OTHER, A JOINT COMMITTEE CONSISTING OF AN EQUAL NUMBER OF MEMBERS OF BOTH HOUSES SHALL BE SET UP. THE DECISION OF THE JOINT COMMITTEE SHALL COME INTO FORCE AFTER IT IS SIGNED BY THE PRESIDENT. IF THE JOINT COMMITTEE FAILS TO RESOLVE DIFFERENCES, THE MATTER SHALL BE DISCUSSED IN THE JOINT SESSION OF THE NATIONAL ASSEMBLY AND DECISION TAKEN BY A MAJORITY VOTE OF THE JOINT SESSION. ARTICLE NINETY SIX: THE DECISIONS OF THE NATIONAL ASSEMBLY ARE ENFORCED AFTER SIGNATURE BY THE PRESIDENT. IN CASE THE PRESIDENT DOES NOT AGREE WITH THE DECISIONS OF THE NATIONAL ASSEMBLY, HE CAN RETURN THEM TO THE NATIONAL ASSEMBLY WITHIN 30 DAYS FROM THE DATE OF RECEIPT ALONG WITH HIS REASONS. AFTER

THE ELAPSE OF THIS PERIOD, AND ALSO IF THE NATIONAL ASSEMBLY ENDORSES THE DECISION IN ITS NEXT SESSION WITH TWO THIRDS VOTES OF ITS MEMBERS, THE DECISION SHALL BECOME EFFECTIVE AND THE PRESIDENT SHALL SIGN IT. ARTICLE NINETY SEVEN: IN CONSULTATION WITH THE CHAIRMEN OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, THE PRIME MINISTER AND THE CHIEF JUSTICE, THE PRESIDENT CAN DECLARE THE DISSOLUTION OF THE HOUSE OF REPRESENTATIVES STATING THE REASONS OF JUSTIFICATION. REELECTIONS SHALL BE HELD WITHIN THIRTY DAYS AFTER THE DISSOLUTION OF THE HOUSE OF REPRESENTATIVE. THE NEW HOUSE OF REPRESENTATIVES CANNOT BE DISSOLVED TILL ONE YEAR AFTER REELECTIONS. THE HOUSE OF REPRESENTATIVES CANNOT BE DISSOLVED DURING THE LAST SIX MONTHS OF OFFICE OF THE PRESIDENT. ARTICLE NINETY EIGHT: THE LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY SHALL BE PUBLISHED IN PASHTU AND DARI LANGUAGES AND CAN BE PUBLISHED IN THE LANGUAGES OF OTHER NATIONALITIES OF THE COUNTRY AS WELL. ARTICLE NINETY NINE: THE PROCEDURE OF FUNCTIONING OF THE NATIONAL ASSEMBLY AND ITS STANDING COMMISSIONS SHALL BE REGULATED BY THE NATIONAL ASSEMBLY. CHAPTER SEVEN THE COUNCIL OF MINISTERS ARTICLE ONE HUNDRED: THE COUNCIL OF MINISTERS (GOVERNMENT) IS THE HIGHEST EXECUTIVE AND ADMINISTRATIVE ORGAN OF STATE POWER IN THE REPUBLIC OF AFGHANISTAN. THE COUNCIL OF MINISTERS IS COMPOSED OF: • • • PRIME MINISTER DEPUTY PRIME MINISTERS MINISTERS, PRESIDENTS OF CENTRAL ORGANS EQUIVALENT TO MINISTRIES.

ARTICLE ONE HUNDRED AND ONE: THE PRIME MINISTER DESIGNATE SHALL PRESENT TO THE FIRST SESSION OF THE HOUSE OF REPRESENTATIVES THE HOME AND FOREIGN POLICY LINE OF THE GOVERNMENT AND THE COMPOSITION OF HIS GOVERNMENT FOR SEEKING THE VOTE OF CONFIDENCE OF THE HOUSE. AFTER RECEIVING THE VOTE OF CONFIDENCE AND APPROVAL OF THE PRESIDENT, THE PRIME MINISTER SHALL PRESENT THE DOMESTIC AND FOREIGN POLICY LINE AND INTRODUCE MEMBERS OF THE GOVERNMENT TO THE SENATE. ARTICLE ONE HUNDRED AND TWO:

THE COUNCIL OF MINISTERS IS RESPONSIBLE TO THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT AND SHALL SUBMIT REPORTS TO THEM. ARTICLE ONE HUNDRED AND THREE: THE COUNCIL OF MINISTERS HAS THE FOLLOWING DUTIES AND POWERS: 1) FORMULATE AND IMPLEMENT THE DOMESTIC AND FOREIGN POLICIES. 2) ENSURE THE EXECUTION OF MATTERS RELATING TO NATIONAL ECONOMY; FORMULATE THE SOCIOECONOMIC DEVELOPMENT PLANS, PREPARE THE STATE BUDGET, IMPLEMENT PLANS AND BUDGET AND REPORT TO THE NATIONAL ASSEMBLY ON THEIR EXECUTION 3) TAKE MEASURES FOR DEFENDING THE INTERESTS OF THE STATE, PROTECT ALL FORMS OF LEGAL PROPERTIES, ENSURE PUBLIC ORDER AND SECURITY AND SAFEGUARD THE RIGHTS, AND FREEDOMS OF THE CITIZENS. 4) OVERALL GUIDANCE OF FOREIGN RELATIONS, ESTABLISHMENT OF DIPLOMATIC TIES AND CONCLUSION OF AGREEMENTS WITH FOREIGN STATES AND INTERNATIONAL ORGANISATIONS ACCORDING TO LAW. 5) CREATE OFFICES AND ORGANS RELATED TO THE COUNCIL OF MINISTERS. 6) OTHER POWERS ACCORDING TO PROVISIONS OF LAW. THE COUNCIL OF MINISTERS OF THE REPUBLIC OF AFGHANISTAN APPROVES REGULATIONS, RULES AND OTHER LEGAL DOCUMENTS IN THE JURISDICTION OF ITS POWERS. ARTICLE ONE HUNDRED AND FOUR: IN THE INTERVAL BETWEEN SESSIONS OF THE NATIONAL ASSEMBLY, AND IN THE EVENT OF DISSOLUTION OF THE HOUSE OF REPRESENTATIVES, THE COUNCIL OF MINISTERS MAY, IF URGENTLY REQUIRED, ISSUE LEGISLATIVE ORDINANCES ON MATTERS WITHIN THE POWERS OF THE NATIONAL ASSEMBLY, EXCLUDING MATTERS RELATING TO BUDGET AND FINANCIAL AFFAIRS. THESE LEGISLATIVE ORDINANCES SHALL COME INTO FORCE AFTER SIGNATURE BY THE PRESIDENT. THE COUNCIL OF MINISTERS SHALL SUBMIT TO THE FIRST PERIODIC SESSION OF THE NATIONAL ASSEMBLY FOR APPROVAL THE LEGISLATIVE ORDINANCES WHICH ARE PROMULGATED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. IF THE ORDINANCES ARE REJECTED BY THE NATIONAL ASSEMBLY, THEY BECOME VOID FROM THAT DATE. IN THE INTERVAL BETWEEN TWO SESSIONS OF THE NATIONAL ASSEMBLY OR IN THE PERIOD OF DISSOLUTION OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT MAY, ON THE RECOMMENDATION OF THE PRIME MINISTER, APPOINT OR DISMISS ANY MEMBER OF THE GOVERNMENT. THE MATTER SHALL THEN BE SUBMITTED TO THE FIRST SESSION OF THE HOUSE OF REPRESENTATIVES TO DECIDE UPON. ARTICLE ONE HUNDRED AND FIVE: THE TERM OF THE COUNCIL OF MINISTER SHALL EXPIRE AT THE END OF THE LEGISLATIVE TERM OF THE HOUSE OF REPRESENTATIVES. THE COUNCIL OF MINISTERS SHALL CARRY ON ITS ACTIVITIES TILL A NEW GOVERNMENT IS FORMED. ARTICLE ONE HUNDRED AND SIX: THE ORGANIZATION, COMPOSITION, AND ACTIVITIES OF THE COUNCIL OF MINISTERS SHALL BE REGULATED BY LAW.

CHAPTER EIGHT JUDICIARY ARTICLE ONE HUNDRED AND SEVEN: JUDICIARY IS AN INDEPENDENT COMPONENT OF THE STATE. ARTICLE ONE HUNDRED AND EIGHT: JUDGMENT IN THE REPUBLIC OF AFGHANISTAN SHALL BE DELIVERED ONLY BY A COURT IN ACCORDANCE WITH THE PROVISIONS OF LAW. COURTS IN THE REPUBLIC OF AFGHANISTAN INCLUDE: SUPREME COURT, PROVINCIAL COURTS, DIVISIONAL COURTS, DISTRICT COURTS, CITY COURTS, SUBDISTRICT COURTS, PRECINCT COURTS AND, MILITARY COURTS. ARTICLE ONE HUNDRED AND NINE: THE SUPREME COURT, AS THE HIGHEST JUDICIAL ORGAN, HEADS THE UNIFIED SYSTEM OF JUSTICE IN THE COUNTRY AND IS COMPOSED OF THE CHIEF JUSTICE, DEPUTY CHIEF JUSTICES AND JUDGES. THE SUPREME COURT SHALL, IN ACCORDANCE WITH THE PROVISIONS OF LAW, SUPERVISE THE ACTIVITIES OF THE COURTS AND ENSURE THE UNIFORM APPLICATION OF LAW BY COURTS. ARTICLE ONE HUNDRED AND TEN: THE CHIEF JUSTICE, DEPUTY CHIEF JUSTICES AND JUDGES OF SUPREME COURT SHALL BE APPOINTED BY THE PRESIDENT FOR A TERM OF SIX YEARS. THE SUPREME COURT IS ACCOUNTABLE TO THE PRESIDENT AND SHALL REPORT TO HIM. ARTICLE ONE HUNDRED AND ELEVEN: THE COURT SHALL BE INDEPENDENT IN THEIR JUDGMENT AND SHALL SUBMIT ONLY TO THE LAW. TRIAL AND VERDICT BY COURTS SHALL BE BASED ON THE PRINCIPLE OF EQUALITY OF PARTIES BEFORE THE LAW AND THE COURT. ARTICLE ONE HUNDRED AND TWELVE: THE JUDGES SHALL APPLY THE PROVISIONS OF THE CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN IN THE CASES UNDER THEIR CONSIDERATION. WHEN NO EXPLICIT PROVISION EXISTS IN THE LAW, THE COURT SHALL, FOLLOWING THE PROVISIONS OF THE SHARIAT OF ISLAM, RENDER A DECISION THAT SECURES JUSTICE IN THE BEST POSSIBLE WAY. ARTICLE ONE HUNDRED AND THIRTEEN: TRIAL IN THE COURTS OF THE REPUBLIC OF AFGHANISTAN SHALL BEHELD OPENLY. THE CONDITIONS UNDER WHICH CASES ARE TO BE CONDUCTED IN CLOSED TRIALS SHALL BE DETERMINED BY LAW. THE VERDICT OF THE COURT SHALL BE PRONOUNCED OPENLY IN ALL CIRCUMSTANCES. ARTICLE ONE HUNDRED AND FOURTEEN:

THE TRIAL AND JUDGMENT BY THE COURTS SHALL BE CONDUCTED IN PASHTU AND DARI LANGUAGES OR IN THE LANGUAGE OF THE MAJORITY OF THE RESIDENTS OF THE PLACE. IF A PARTY TO THE CASE DOES NOT UNDERSTAND THE LANGUAGE IN WHICH THE TRIAL IS CONDUCTED, HE HAS THE RIGHT TO BECOME ACQUAINTED WITH THE MATERIALS AND DOCUMENTS OF THE CASE THROUGH AN INTERPRETER AND THE RIGHT TO ADDRESS THE COURT IN HIS MOTHER TONGUE. ARTICLE ONE HUNDRED AND FIFTEEN: THE VERDICT BY THE COURT SHALL CONTAIN THE STATEMENT OF REASONS AND EVIDENCE. THE FINAL VERDICT OF THE COURT IS BINDING, EXCEPT IN THE CASE OF A DEATH SENTENCE WHICH IS EXECUTED AFTER THE APPROVAL OF THE PRESIDENT. ARTICLE ONE HUNDRED AND SIXTEEN: THE ORGANIZATION, COMPOSITION, POWERS COURTS SHALL BE REGULATED BY LAW. CHAPTER NINE THE ATTORNEY OFFICE ARTICLE ONE HUNDRED AND SEVENTEEN: THE ATTORNEY OFFICE OF THE REPUBLIC OF AFGHANISTAN IS A UNIFIED SYSTEM BASED ON THE PRINCIPLE OF CENTRALISM AND SHALL CONSIST OF: OFFICE OF THE ATTORNEY GENERAL, PROVINCIAL, DIVISIONAL, DISTRICT, SUBDISTRICT, CITY AND PRECINCT ATTORNEY OFFICES AND THE ATTORNEY OFFICE OF THE ARMED FORCES. THE STATE CAN SET UP A SPECIAL ATTORNEY OFFICE WITHIN THE UNIFIED ATTORNEY SYSTEM. ARTICLE ONE HUNDRED AND EIGHTEEN: THE ATTORNEY GENERAL SHALL LEAD THE ACTIVITIES OF THE ATTORNEY OFFICES OF THE COUNTRY. THE ATTORNEY OFFICES ARE INDEPENDENT IN THE PERFORMANCE OF THEIR DUTIES AND ARE SUBJECT ONLY TO THE LAW AND THE ATTORNEY GENERAL. ARTICLE ONE HUNDRED AND NINETEEN: THE ATTORNEY GENERAL AND HIS DEPUTIES ARE APPOINTED BY THE PRESIDENT FOR A TERM OF SIX YEARS. THE ATTORNEY GENERAL IS ACCOUNTABLE TO THE PRESIDENT AND SHALL REPORT TO HIM. ARTICLE ONE HUNDRED AND TWENTY: HIGH SUPERVISION OVER THE IMPLEMENTATION AND UNIFORM OBSERVANCE OF LAWS BY THE MINISTRIES AND OTHER CENTRAL ORGANS OF STATE ADMINISTRATION, EXECUTIVE COMMITTEES OF LOCAL COUNCILS, STATE, MIXED AND PRIVATE INSTITUTIONS, DEPARTMENTS, COOPERATIVES, POLITICAL PARTIES AND SOCIAL ORGANISATIONS, OFFICIALS IN CHARGE AND CITIZENS SHALL BE UNDERTAKEN BY THE ATTORNEY GENERAL AND THE ATTORNEYS SUBORDINATE TO HIM. AND PROCEDURE OF WORK OF THE

ARTICLE ONE HUNDRED AND TWENTY ONE: THE ORGANIZATION, COMPOSITION, POWERS AND PROCEDURE OF ACTIVITY OF THE ATTORNEY OFFICE SHALL BE REGULATED BY LAW. CHAPTER TEN THE CONSTITUTION COUNCIL ARTICLE ONE HUNDRED AND TWENTY TWO: THE CONSTITUTION COUNCIL OF THE REPUBLIC OF AFGHANISTAN SHALL BE FORMED TO ENSURE THE CONFORMITY OF LAWS, OTHER LEGISLATIVE DOCUMENTS AND INTERNATIONAL TREATIES WITH THE CONSTITUTION. ARTICLE ONE HUNDRED AND TWENTY THREE: THE CONSTITUTION COUNCIL SHALL EXERCISE THE FOLLOWING POWERS: 1) EVALUATE THE UNIFORMITY OF LAWS, LEGISLATIVE DECREES AND INTERNATIONAL TREATIES WITH THE CONSTITUTION. 2) GIVE LEGAL AND JUDICIAL ADVICE TO THE PRESIDENT ON CONSTITUTIONAL MATTERS. ARTICLE ONE HUNDRED AND TWENTY FOUR: IN ORDER TO EXERCISE ITS POWERS THE CONSTITUTION COUNCIL HAS THE RIGHT TO: 1) SCRUTINIZE THE LEGISLATIVE DOCUMENTS PRESENTED FOR THE PRESIDENT'S SIGNATURE AND EXPRESS OPINION ON THEIR CONFORMITY WITH THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN. 2) SUBMIT CONCRETE PROPOSALS TO THE PRESIDENT ON MEASURES REGARDING THE DEVELOPMENT OF LEGISLATIVE AFFAIRS AS REQUIRED BY THE CONSTITUTION. ARTICLE ONE HUNDRED AND TWENTY FIVE: THE CONSTITUTION COUNCIL SHALL BE COMPOSED OF A CHAIRMAN AND EIGHT MEMBERS WHO ARE APPOINTED BY THE PRESIDENT FOR A TERM OF SIX YEARS. ARTICLE ONE HUNDRED AND TWENTY SIX: THE CONSTITUTION REPORT TO HIM. COUNCIL IS ACCOUNTABLE TO THE PRESIDENT AND SHALL

ARTICLE ONE HUNDRED AND TWENTY SEVEN: THE ORGANIZATION AND PROCEDURE OF ACTIVITY OF THE CONSTITUTION COUNCIL SHALL BE REGULATED BY LAW. CHAPTER ELEVEN

THE LOCAL COUNCILS ARTICLE ONE HUNDRED AND TWENTY EIGHT: FOR THE PURPOSES OF LOCAL ADMINISTRATION THE REPUBLIC OF AFGHANISTAN IS DIVIDED INTO PROVINCES, DIVISIONS, DISTRICTS, CITIES, SUBDISTRICTS, PRECINCTS AND VILLAGES. THE ORGANS OF STATE POWER IN THE ADMINISTRATIVE UNITS ARE THEIR LOCAL COUNCILS. THE EXECUTIVE ORGANS OF THE LOCAL COUNCILS ARE THE EXECUTIVE COMMITTEE SELECTED BY THE LOCAL COUNCILS OF PEOPLE'S DEPUTIES. THE EXECUTIVE COMMITTEE OF LOCAL COUNCILS ARE LED BY GOVERNORS OF PROVINCES, DIVISIONS AND DISTRICTS RESPECTIVELY AS WELL AS SUBDISTRICT ADMINISTRATORS, VILLAGE CHIEFS, MAYORS AND HEADS OF PRECINCTS. ARTICLE ONE HUNDRED AND TWENTY NINE: LOCAL ORGANS OF STATE POWER AND ADMINISTRATION SHALL DEAL WITH ALL PROBLEMS RELATING TO LOCAL ADMINISTRATION, KEEPING IN VIEW THE PUBLIC INTEREST. ALL LOCAL INSTITUTIONS, ORGANISATIONS AND OFFICES ARE DUTY BOUND TO IMPLEMENT THE DECISIONS OF THE LOCAL COUNCILS AND THEIR EXECUTIVE COMMITTEES. ARTICLE ONE HUNDRED AND THIRTY: THE TERM OF OFFICE OF LOCAL COUNCILS IS THREE YEARS. ARTICLE ONE HUNDRED AND THIRTY ONE: THE ORGANIZATION, DUTIES, POWERS, ELECTION PROCEDURE AND ACTIVITIES OF LOCAL COUNCILS SHALL BE REGULATED BY LAW. CHAPTER TWELVE FOREIGN POLICY ARTICLE ONE HUNDRED AND THIRTY TWO: THE FOREIGN POLICY OF THE REPUBLIC OF AFGHANISTAN RESTS ON ENSURING THE NATIONAL INTERESTS, CONSOLIDATION OF INDEPENDENCE AND NATIONAL SOVEREIGNTY, TERRITORIAL INTEGRITY OF THE COUNTRY, PRESERVATION OF WORLD PEACE AND SECURITY, PEACEFUL COEXISTENCE, EQUALITY OF RIGHTS AND ALL-ROUND DEVELOPMENT OF INTERNATIONAL COOPERATION. ARTICLE ONE HUNDRED AND THIRTY THREE: THE REPUBLIC OF AFGHANISTAN RESPECTS AND OBSERVES THE UNITED NATIONS CHARTER, THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND OTHER ACCEPTED PRINCIPLES AND NORMS OF INTERNATIONAL LAW. ARTICLE ONE HUNDRED AND THIRTY FOUR: THE REPUBLIC OF AFGHANISTAN PURSUES THE POLICY OF NON ALIGNMENT AS A SIGNIFICANT PRINCIPLE OF THE STATE'S FOREIGN POLICY AND AS ONE OF THE

FOUNDERS OF OBJECTIVES.

THE

NON-ALIGNED

MOVEMENT

STRIVES

FOR

ACHIEVING

ITS

ARTICLE ONE HUNDRED AND THIRTY FIVE: THE REPUBLIC OF AFGHANISTAN IS IN FAVOUR OF ESTABLISHING AND CONSOLIDATION OF FRIENDLY RELATIONS WITH ALL COUNTRIES, PARTICULARLY THE NEIGHBOURING AND ISLAMIC ONES IRRESPECTIVE OF THEIR SOCIOPOLITICAL AND ECONOMIC SYSTEMS, BASED ON THE PRINCIPLES OF EQUALITY OF RIGHTS, MUTUAL RESPECT OF INDEPENDENCE, NATIONAL SOVEREIGNTY, TERRITORIAL INTEGRITY, NON INTERFERENCE IN EACH OTHER'S INTERNAL AFFAIRS, NON RESORT TO FORCE OR THREAT OF USE OF FORCE, DENUNCIATION OF ALL FORMS OF INTERFERENCE AND AGGRESSION AND SINCERE FULFILLMENT OF INTERNATIONAL COMMITMENTS IN ACCORDANCE WITH THE ACCEPTED PRINCIPLES AND NORMS OF INTERNATIONAL LAW. ARTICLE ONE HUNDRED AND THIRTY SIX: THE REPUBLIC OF AFGHANISTAN SUPPORTS THE STRUGGLE OF THE PEOPLES AND NATIONS FOR PEACE, NATIONAL INDEPENDENCE, DEMOCRACY, SOCIAL PROGRESS AND THE RIGHT OF NATIONS TO SELF DETERMINATION AND FIGHTS AGAINST COLONIALISM, NEOCOLONIALISM, IMPERIALISM, ZIONISM, RACISM APARTHEID AND FASCISM. ARTICLE ONE HUNDRED AND THIRTY SEVEN: THE REPUBLIC OF AFGHANISTAN SUPPORTS THE STRUGGLE FOR TOTAL DISARMAMENT CESSATION OF ARMS RACE ON EARTH AND IN SPACE, NON PROLIFERATION AND ELIMINATION OF NUCLEAR AND CHEMICAL WEAPONS AND OTHER KINDS OF WEAPONS OF MASS DESTRUCTION, DISMANTLING OF AGGRESSIVE MILITARY BASES, RELAXATION OF INTERNATIONAL TENSIONS AND ESTABLISHMENT OF NEW AND JUST INTERNATIONAL ECONOMIC AND INFORMATION ORDER. ARTICLE ONE HUNDRED AND THIRTY EIGHT: WAR PROPAGANDA IS FORBIDDEN IN THE REPUBLIC OF AFGHANISTAN. CHAPTER THIRTEEN MISCELLANEOUS PROVISIONS ARTICLE ONE HUNDRED AND THIRTY NINE: THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN HAS THE HIGHEST LEGAL CREDIBILITY. LAWS AND OTHER LEGISLATIVE DOCUMENTS SHALL BE FRAMED IN CONFORMITY WITH IT. ARTICLE ONE HUNDRED AND FORTY: THE STATE AND ALL ITS ORGANS SHALL FUNCTION ON THE BASIS OF THIS CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN AND ENSURE LEGAL ORDER, INTERESTS OF THE SOCIETY, RIGHTS AND LEGAL INTERESTS OF THE CITIZENS. STATE COOPERATIVE, MIXED AND PRIVATE INSTITUTIONS,

POLITICAL PARTIES, SOCIAL ORGANISATIONS, AND OFFICIALS IN CHARGE AND CITIZENS ARE OBLIGED TO OBSERVE THE CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN. ARTICLE ONE HUNDRED AND FORTY ONE: AMENDMENTS TO THE CONSTITUTION SHALL BE MADE BY THE LOYA JIRGA. DECISION ON INTRODUCING AMENDMENTS TO THE CONSTITUTION SHALL BE ON THE PROPOSAL OF THE PRESIDENT OR PROPOSAL OF ONE THIRD AND APPROVAL OF TWO THIRD OF HE MEMBERS OF THE NATIONAL ASSEMBLY. IN THIS CASE, THE PRESIDENT CONVENES THE LOYA JIRGA. IF THE LOYA JIRGA FINDS THE PROPOSAL QUALIFIED, IT SHALL INTRODUCE THE AMENDMENTS IN THE CONSTITUTION, OTHERWISE, IT SHALL REJECT THE PROPOSAL. AMENDMENT OF THE CONSTITUTION IN A STATE OF EMERGENCY IS NOT ALLOWED. ARTICLE ONE HUNDRED AND FORTY TWO: SALARIES OF THE PRESIDENT, VICE PRESIDENTS. MEMBERS OF THE NATIONAL ASSEMBLY, PRIME MINISTER, MEMBERS OF THE GOVERNMENT, CHIEF JUSTICE, JUDGES OF THE SUPREME COURT, MEMBERS OF THE CONSTITUTION COUNCIL, ATTORNEY GENERAL AND HIS DEPUTIES SHALL BE FIXED BY LAW. ARTICLE ONE HUNDRED AND FORTY THREE: WHENEVER THE PRESERVATION OF THE INDEPENDENCE, NATIONAL SOVEREIGNTY, TERRITORIAL INTEGRITY AND INTERNAL SECURITY BECOME IMPOSSIBLE THROUGH THE CHANNELS PROVIDED FOR IN THIS CONSTITUTION DUE TO WAR, DANGER OF WAR, DISTURBANCE OR SIMILAR CONDITIONS, A STATE OF EMERGENCY MAY BE PROCLAIMED BY THE PRESIDENT. A STATE OF EMERGENCY CAN BE EXTENDED BEYOND THREE MONTHS ONLY WITH THE CONSENT OF THE LOYA JIRGA. ARTICLE ONE HUNDRED AND FORTY FOUR: THE PRESIDENT SHALL HAVE THE FOLLOWING POWERS IN A STATE OF EMERGENCY. 1) EXTENSION OF THE TENURE OF THE NATIONAL ASSEMBLY. 2) DELEGATION OF POWERS OF THE NATIONAL ASSEMBLY IN PART TO THE COUNCIL OF MINISTERS. 3) DELEGATION OF MILITARY COURTS. POWERS OF COURTS IN PART TO SPECIAL COURTS AND

4) SUSPENSION AND OR LIMITATION OF ARTICLES 30, 44, 45, 46, 49, 50 AND THE LAST ITEM OF ARTICLE 51 AND ARTICLES 53 AND 60 OF THE CONSTITUTION. 5) EXERCISE OF OTHER POWERS IN ACCORDANCE WITH THE LAW. ARTICLE ONE HUNDRED AND FORTY FIVE INTERNATIONAL TREATIES PREVIOUSLY ENTERED INTO BY THE REPUBLIC OF AFGHANISTAN AND CONVENTIONS JOINED BY IT, IF FOUND REPUGNANT TO THE

PROVISIONS OF ASCENDANCY.

THE

LAWS

OF

THE

REPUBLIC

OF

AFGHANISTAN,

SHALL

HAVE

ARTICLE ONE HUNDRED AND FORTY SIX: ON THE ENACTMENT OF THIS CONSTITUTION AND THE ELECTION OF THE PRESIDENT, THE PRESIDENT OF THE REVOLUTIONARY COUNCIL SHALL BE DISSOLVED. THE REVOLUTIONARY COUNCIL SHALL CARRY ON ITS DUTIES TILL THE NATIONAL ASSEMBLY IS CONSTITUTED AND SHALL ENJOY THE POWERS ENSHRINED IS CHAPTER SIX OF THE CONSTITUTION. THE NATIONAL ASSEMBLY SHALL BE CONSTITUTED WITHIN SIX MONTHS FOLLOWING THE ENACTMENT OF THE CONSTITUTION. THE COUNCIL OF MINISTERS ENJOYING THE POWERS DESCRIBED UNDER CHAPTER SEVEN OF THE CONSTITUTION SHALL CARRY ON ITS DUTIES TILL A NEW GOVERNMENT IS FORMED AND WINS THE VOTE OF CONFIDENCE OF THE HOUSE OF REPRESENTATIVES AS PER THE PROVISIONS OF THE CONSTITUTION. FOLLOWING THE ENACTMENT OF THIS CONSTITUTION, THE PRESIDENT SHALL, WITHIN A PERIOD OF SIX MONTHS, REORGANIZE THE JUDICIARY AND ATTORNEY ORGANS ON THE BASIS OF A UNIFIED SYSTEM IN CONFORMITY WITH THE PROVISIONS OF THE CONSTITUTION AND ESTABLISH THE CONSTITUTION COUNCIL. ARTICLE ONE HUNDRED AND FORTY SEVEN: THE FIRST PRESIDENT SHALL BE ELECTED BY THE LOYA JIRGA WHICH SHALL ENDORSE THIS CONSTITUTION. ARTICLE ONE HUNDRED AND FORTY EIGHT: ON THE ENACTMENT OF THIS CONSTITUTION, THE FUNDAMENTAL PRINCIPLES OF THE DEMOCRATIC REPUBLIC OF AFGHANISTAN SHALL BE ABROGATED. THE LAWS AND OTHER LEGISLATIVE DOCUMENTS ADOPTED PRIOR TO THE ENACTMENT OF THIS CONSTITUTION SHALL REMAIN VALID, PROVIDED THEY ARE NOT REPUGNANT TO THE PROVISIONS OF THIS CONSTITUTION. ARTICLE ONE HUNDRED AND FORTY NINE: THIS CONSTITUTION SHALL COME INTO FORCE FROM THE DATE OF ITS ENDORSEMENT BY THE LOYA JIRGA AND SHALL BE SIGNED AND PROCLAIMED BY THE PRESIDENT.

THE CONSTITUTION OF AFGHANISTAN 1990
IN THE NAME OF ALLAH, THE BENEFICENT, THE MERCIFUL THE PRIDEFUL HISTORY OF OUR BELOVED HOMELAND, AFGHANISTAN IS ENRICHED, WITH THE HEROIC STRUGGLE OF OUR BRAVE PEOPLE FOR INDEPENDENCE, NATIONAL UNITY, DEMOCRACY AND SOCIAL PROGRESS. AT THE PRESENT STAGE THE STATE OF THE REPUBLIC OF AFGHANISTAN IS ACTIVELY CARRYING ON THE POLICY OF NATIONAL RECONCILIATION RELYING ON THE SUPPORT OF NATIONAL, POLITICAL AND PATRIOTIC FORCES. THEREFORE, KEEPING IN MIND THE HISTORIC CHANGES THAT HAVE TAKEN SHAPE IN OUR HOMELAND AND IN OUR CONTEMPORARY WORLD, ADHERING TO THE PRINCIPLES OF THE SACRED RELIGION OF ISLAM, ABIDING BY THE ACCEPTED AFGHAN TRADITIONS AND RITUALS, RELYING UPON THE REALITIES OF THE COUNTRY'S HISTORY AND CULTURE, RESPECTING THE VALUABLE HERITAGES OF THE CONSTITUTIONALIST MOVEMENT AND IN CONFORMITY WITH THE CHARTER OF THE UNITED NATIONS AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, AND FOR THE PURPOSE OF: PRESERVING THE INDEPENDENCE, DEFENDING THE TERRITORIAL INTEGRITY AND STRENGTHENING THE NATIONAL SOVEREIGNTY; ACHIEVING COUNTRYWIDE PEACE AND DEEPENING NATIONAL UNITY; SECURING JUSTICE AND DEMOCRACY; SOCIOECONOMIC RECONSTRUCTION AND BALANCED GROWTH AND ENHANCING THE PEOPLE'S LIVING STANDARDS; PROMOTING THE ROLE AND PRESTIGE OF THE COUNTY IN THE INTERNATIONAL ARENA; CREATING FAVOURABLE CONDITIONS FOR DETERMINING THE LEGAL STATUS OF PERMANENT NEUTRALITY OF AFGHANISTAN AND ITS DEMILITARIZATION; WE, THE REPRESENTATIVES OF THE PEOPLE OF AFGHANISTAN TO THE LOYA JIRGA, OF TWENTY EIGHT AND TWENTY NINTH OF MAY, ONE THOUSAND NINE HUNDRED AND NINETY AMENDED AS FOLLOWS THE CONSTITUTION RATIFIED BY THE LOYA JIRGA OF NOVEMBER THIRTY, ONE THOUSAND NINE HUNDRED AND EIGHTY SEVEN WHICH COMPRISED THIRTEEN CHAPTERS AND ONE HUNDRED AND FORTY NINE ARTICLES. CHAPTER ONE FOUNDATIONS OF THE POLITICAL SYSTEM ARTICLE ONE: THE REPUBLIC OF AFGHANISTAN IS AN INDEPENDENT, UNITARY AND INDIVISIBLE AND ISLAMIC STATE, HAVING SOVEREIGNTY OVER THE WHOLE OF ITS TERRITORY. NATIONAL SOVEREIGNTY IN THE REPUBLIC OF AFGHANISTAN BELONGS TO THE PEOPLE. THE PEOPLE EXERCISE NATIONAL SOVEREIGNTY THROUGH LOYA JIRGA AND NATIONAL ASSEMBLY.

ARTICLE TWO: THE SACRED RELIGION OF ISLAM IS THE RELIGION OF AFGHANISTAN. IN THE REPUBLIC OF AFGHANISTAN NO LAW SHALL RUN COUNTER TO THE PRINCIPLES OF THE SACRED RELIGION OF ISLAM AND OTHER VALUES ENSHRINED IN THIS CONSTITUTION. ARTICLE THREE: THE REPUBLIC OF AFGHANISTAN IS A NONALIGNED COUNTRY WHICH DOES NOT JOIN ANY MILITARY BLOC AND DOES NOT ALLOW ESTABLISHMENT OF FOREIGN MILITARY BASES ON ITS TERRITORY. ARTICLE FOUR: THE DEFENSE OF INDEPENDENCE, NATIONAL SOVEREIGNTY AND TERRITORIAL INTEGRITY IS THE FUNDAMENTAL DUTY OF THE STATE. THE STATE ENSURES THE SECURITY AND DEFENSE CAPABILITY OF THE COUNTRY AND EQUIPS THE ARMED FORCES. ARTICLE FIVE: POLITICAL PLURALISM IS THE BASIS OF THE POLITICAL SYSTEM OF THE REPUBLIC OF AFGHANISTAN. IN THE REPUBLIC OF AFGHANISTAN, POLITICAL PARTIES ARE ALLOWED TO BE FORMED, PROVIDED THEIR PLATFORM, CHARTER AND ACTIVITIES ARE NOT OPPOSED TO THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE COUNTRY. THE ORGANIZATION AND FINANCIAL RESOURCES OF A POLITICAL PARTY CANNOT BE COVERT. A PARTY FORMED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW CANNOT BE DISSOLVED WITHOUT LEGAL CAUSE. JUDGES AND ATTORNEYS CANNOT BE MEMBERS OF A POLITICAL PARTY DURING THE TERMS OF THEIR OFFICE. ARTICLE SIX: THIS ARTICLE IS ABOLISHED ARTICLE SEVEN: THE FORMATION OF SOCIAL ORGANIZATIONS ARE ALLOWED IN THE REPUBLIC OF AFGHANISTAN IN ACCORDANCE WITH THE LAW. ARTICLE EIGHT: PASHTU AND DARI ARE OFFICIAL LANGUAGES AMONG THE NATIONAL LANGUAGES OF THE COUNTRY. ARTICLE NINE: THE STATE EMBLEM OF THE REPUBLIC OF AFGHANISTAN CONSISTS OF A RISING SUN, ADYTUM AND PULPIT WITH A GREEN BACKGROUND, ENCORED IN TWO SHEAVES OF WHEAT AND WITH A TRICOLOR RIBBON IN BLACK, RED AND GREEN. ARTICLE TEN: THE STATE FLAG OF THE REPUBLIC OF AFGHANISTAN IS A TRICOLOR DIVIDED INTO THREE HORIZONTAL EQUAL PARTS IN BLACK, RED AND GREEN STRIPES; THE EMBLEM SHALL BE, PLACED ON BOTH SIDES OF THE UPPER QUARTER OF THE FLAG CLOSE TO THE MAST. THE LENGTH OF THE FLAG SHALL BE DOUBLE ITS WIDTH.

ARTICLE ELEVEN: THE CAPITAL OF THE REPUBLIC OF AFGHANISTAN IS KABUL. CHAPTER TWO FOUNDATIONS OF SOCIO ECONOMIC SYSTEM ARTICLE TWELVE: THIS ARTICLE IS ABOLISHED. ARTICLE THIRTEEN: THE REPUBLIC OF AFGHANISTAN IS A MULTI NATIONAL COUNTRY. THE STATE SHALL FOLLOW THE POLICY OF ALL ROUND GROWTH, UNDERSTANDING, FRIENDSHIP AND COOPERATION BETWEEN ALL NATIONALITIES, CLANS AND TRIBES OF THE COUNTRY FOR ENSURING POLITICAL, ECONOMIC, SOCIAL AND CULTURAL EQUALITY AND RAPID GROWTH AND DEVELOPMENT OF REGIONS WHICH ARE SOCIALLY, ECONOMICALLY AND CULTURALLY BACKWARD. THE STATE SHALL GRADUALLY PREPARE THE GROUNDS FOR THE CREATION OF ADMINISTRATIVE UNITS BASED ON NATIONAL CHARACTERISTICS. ARTICLE FOURTEEN: THE STATE SHALL ADOPT NECESSARY MEASURES FOR THE GROWTH OF CULTURE, LANGUAGE AND LITERATURE OF THE PEOPLE OF AFGHANISTAN AS WELL AS PRESERVE AND DEVELOP THE WORTHY CULTURAL, TRADITIONAL, LINGUISTIC, LITERARY AND FOLKLORIC LEGACY OF ALL NATIONALITIES, CLANS AND TRIBES. ARTICLE FIFTEEN: IN THE REPUBLIC OF AFGHANISTAN FAMILY CONSTITUTES THE BASIC UNIT OF THE SOCIETY. THE STATE SHALL ADOPT NECESSARY MEASURES FOR ENSURING THE HEALTH OF MOTHER AND CHILD AND THE UPBRINGING OF CHILDREN. ARTICLE SIXTEEN: THE STATE SHALL TAKES PERMANENT CARE OF THE YOUNG GENERATION AND PROVIDES NECESSARY OPPORTUNITIES FOR THEIR EDUCATION, EMPLOYMENT, RECREATION, REST, SPIRITUAL AND PHYSICAL GROWTH AND SHALL HELP THE BLOSSOMING OF THE TALENTS OF THE YOUTH. ARTICLE SEVENTEEN: THE STATE SHALL PROMOTE CONSTRUCTION TO PROVIDE STATE AND COOPERATIVE HOUSING AND HELP IN THE CONSTRUCTION OF PRIVATE HOUSES. ARTICLE EIGHTEEN: THE STATE SHALL IMPLEMENT THE ECONOMIC POLICY AIMED AT MOBILIZATION AND UTILIZATION OF THE COUNTRY'S RESOURCES FOR REMOVING BACKWARDNESS, RAISING THE LIVING STANDARDS OF THE PEOPLE AND DEVELOPMENT OF SOCIO

ECONOMIC STRUCTURE OF THE SOCIETY. TOWARDS THIS END, THE STATE SHALL FORMULATE AND PUT INTO PRACTICE SOCIO ECONOMIC DEVELOPMENTS PLANS. ARTICLE NINETEEN: IN THE REPUBLIC OF AFGHANISTAN, STATE, MIXED, COOPERATIVE, TRUST, PRIVATE AND PERSONAL PROPERTY AS WELL AS PROPERTIES OF POLITICAL AND SOCIAL ORGANIZATIONS EXIST. PROPERTY IS SAFE OF ANY INTRUSION. THE STATE PROTECTS ALL FORMS OF LEGAL PROPERTIES. ARTICLE TWENTY: IN THE REPUBLIC OF AFGHANISTAN, MINERAL RESOURCES, FORESTS, PASTURES AND MINES, BASIC ENERGY RESOURCES, HISTORIC RELICS, RADIO TELEVISION AND COMMUNICATIONS' FACILITIES, MAJOR DAMS, PORTS AND TRANSPORT WAYS, SHALL BE STATE PROPERTY. PRIVATE INVESTMENT IS ALLOWED, IN ACCORDANCE WITH THE LAW, FOR MAKING USE OF FORESTS, PASTURES, ENERGY RESOURCES, MINES, AND PURCHASE AND SALE OF MEANS OF COMMUNICATIONS. IN THE REPUBLIC OF AFGHANISTAN, BESIDES STATE RUN BANKS, INSURANCE INSTITUTIONS AND AIR TRANSPORT, THE FORMATION OF STOCK BONDS, AND MIXED INSURANCE INSTITUTIONS AND AIR TRANSPORT ARE ALLOWED IN ACCORDANCE WITH THE LAW. IN THE REPUBLIC OF AFGHANISTAN, THE FUNCTIONING OF THE AGENCIES OF FOREIGN BANKS AND INSURANCE INSTITUTIONS ARE ALLOWED (IN) ACCORDANCE WITH THE LAW. ARTICLE TWENTY ONE: THE STATE SHALL ASSIST STRENGTHENING AND EXPANSION OF COOPERATIVES AND SHALL ENCOURAGE THE VOLUNTARY PARTICIPATION OF THE PEOPLE TO THIS END. ARTICLE TWENTY TWO: THE STATE ENCOURAGES AND PROTECTS THE ACTIVITY OF INDIVIDUAL CRAFTSMEN AND THEIR VOLUNTARY PARTICIPATION IN TRADE UNIONS AND COOPERATIVES AND RENDERS ALL-AROUND ASSISTANCE FOR UPGRADING THEIR PROFESSIONAL SKILL, ENSURING MEANS OF LABOR AND THE SUPPLY OF RAW MATERIALS TO THEM AND SALE OF THEIR OUTPUT. ARTICLE TWENTY THREE: WITH A VIEW TO REVIVING AND DEVELOPING AGRICULTURE, THE STATES GIVES SUPPLEMENTARY AGRICULTURAL AID TO THE PEASANTS AND LAND HOLDERS AND RENDERS EFFECTIVE ASSISTANCE FOR THE CREATION OF MIXED AND PRIVATE AGRICULTURAL MECHANIZED FARMS AND RECLAMATION OF VIRGIN LANDS. ARTICLE TWENTY FOUR: THE STATE GUARANTEES BY LAW THE USE OF PASTURES BY NOMADS BREEDERS. THE STATE SHALL ASSIST IN THE CREATION CONDITIONS FOR THE GROWTH OF ANIMAL HUSBANDRY, SALE PRODUCTS AND IMPROVEMENT OF ECONOMIC, SOCIAL AND LIVING NOMADS AND LIVESTOCK BREEDERS. ARTICLE TWENTY FIVE: AND LIVESTOCK OF FAVORABLE OF LIVESTOCK STANDARDS OF

THE STATE SHALL GUARANTEE THE SECURITY OF PRIVATE INVESTMENT FOR THE GROWTH OF NATIONAL ECONOMY AND PROTECT AND ENCOURAGE THE PARTICIPATION OF NATIONAL CAPITAL HOLDERS IN THE DEVELOPMENT OF INDUSTRY, COMMERCE, CONSTRUCTION, TRANSPORT, AGRICULTURE AND SERVICES IN ACCORDANCE WITH THE LAW. THE STATE SHALL EXPAND ALL ROUND AND BENEFICIAL RELATIONS WITH PRIVATE ENTREPRENEURS AND PROTECT THE PRIVATE SECTOR AGAINST THE COMPETITION OF FOREIGN CAPITAL. THE STATE SHALL TAKE INTO ACCOUNT THE INTERESTS OF PRIVATE SECTOR, IN ACCORDANCE WITH LAW, WHILE WORKING OUT THE FINANCIAL, CREDIT, CUSTOMS AND PRICE POLICIES. ARTICLE TWENTY SIX: THIS ARTICLE IS ABOLISHED. ARTICLE TWENTY SEVEN: FOR THE GROWTH OF NATIONAL ECONOMY, THE STATE ENCOURAGES FOREIGN INVESTMENT IN THE REPUBLIC OF AFGHANISTAN, IN ACCORDANCE WITH THE LAW. ARTICLE TWENTY EIGHT: IN THE REPUBLIC OF AFGHANISTAN, NO FOREIGN CITIZEN SHALL ENJOY THE RIGHT TO OWN IMMOVABLE PROPERTY. SUBJECT TO THE APPROVAL OF THE GOVERNMENT, IMMOVABLE PROPERTY MAY BE SOLD TO DIPLOMATIC MISSIONS AND FOREIGN GOVERNMENTS ON A RECIPROCAL BASIS AND ALSO TO INTERNATIONAL ORGANIZATIONS IN WHICH THE REPUBLIC OF AFGHANISTAN IS A MEMBER. ARTICLE TWENTY NINE: THE HEREDITARY RIGHT TO PROPERTY SHALL BE GUARANTEED BY LAW ON THE BASIS OF ISLAMIC SHARIAT. ARTICLE THIRTY: EXPROPRIATION IS ALLOWED ONLY IN PUBLIC INTEREST AND AGAINST JUST AND PRIOR COMPENSATION IN ACCORDANCE WITH THE LAW. CONFISCATION OF PROPERTY IS NOT ALLOWED WITHOUT THE SANCTION OF THE LAW AND THE DECISION OF A COURT. ARTICLE THIRTY ONE: IN THE REPUBLIC OF AFGHANISTAN, THE CRITERIA, RATES AND TYPES OF TAXES AND DUTIES SHALL BE DETERMINED ON THE BASIS OF LAW AND SOCIAL JUSTICE. ARTICLE THIRTY TWO: THE STATE SHALL ADOPT AND IMPLEMENT NECESSARY MEASURES FOR THE PROTECTION OF NATURE, NATURAL WEALTH AND REASONABLE UTILIZATION OF NATURAL RESOURCES, IMPROVEMENT OF LIVING ENVIRONMENT, PREVENTION OF POLLUTION OF WATER AND AIR, AND CONSERVATION AND SURVIVAL OF ANIMALS AND PLANTS. CHAPTER THREE

CITIZENSHIP, BASIC RIGHTS, FREEDOMS AND DUTIES OF CITIZENS ARTICLE THIRTY THREE: THE CITIZENSHIP OF THE REPUBLIC OF AFGHANISTAN IS EQUAL AND UNIFORM TO ALL CITIZENS. ACQUISITION AND LOSS OF CITIZENSHIP AND OTHER MATTERS RELATED TO IT ARE REGULATED BY LAW. EVERY INDIVIDUAL HAVING CITIZENSHIP OF THE REPUBLIC OF AFGHANISTAN IN ACCORDANCE WITH THE LAW SHALL BE CALLED AFGHAN. ARTICLE THIRTY FOUR: NO CITIZENS OF THE REPUBLIC OF AFGHANISTAN SHALL BE EXILED INSIDE OR OUTSIDE THE COUNTRY. ARTICLE THIRTY FIVE: NO CITIZEN OF THE REPUBLIC OF AFGHANISTAN SHALL BE EXTRADITED TO A FOREIGN STATE. ARTICLE THIRTY SIX: THE CITIZENS OF THE REPUBLIC OF AFGHANISTAN LIVING ABROAD ENJOY THE PROTECTION OF THE STATE. THE STATE SHALL DEFEND THEIR RIGHTS AND LEGAL INTERESTS, STRENGTHEN THE RELATIONS OF AFGHANS LIVING ABROAD WITH THE COUNTRY, AND HELP THEIR RETURN TO THE HOMELAND. ARTICLE THIRTY SEVEN: THE REPUBLIC OF AFGHANISTAN GUARANTEES, ACCORDING TO THE LAW, THE RIGHTS AND FREEDOMS OF FOREIGN CITIZENS AND INDIVIDUALS RESIDING IN AFGHANISTAN WITHOUT CITIZENSHIP. THEY ARE BOUND TO OBEY THE CONSTITUTION AND OTHER LAWS OF THE REPUBLIC OF AFGHANISTAN. ARTICLE THIRTY EIGHT: CITIZENS OF THE REPUBLIC OF AFGHANISTAN, BOTH MEN AND WOMEN HAVE EQUAL RIGHTS AND DUTIES BEFORE THE LAW, IRRESPECTIVE OF THEIR NATIONAL, RACIAL, LINGUISTIC, TRIBAL, EDUCATIONAL AND SOCIAL STATUS, RELIGIOUS CREED, POLITICAL CONVICTION, OCCUPATION, KINSHIP, WEALTH, AND RESIDENCE. DESIGNATION OF ANY ILLEGAL PRIVILEGE OR DISCRIMINATION AGAINST RIGHTS AND DUTIES OF CITIZENS ARE FORBIDDEN. ARTICLE THIRTY NINE: THE RIGHT TO LIFE IS THE NATURAL RIGHT OF EVERY HUMAN BEING. NO PERSON SHALL BE DEPRIVED OF THIS RIGHT UNLESS BY LAW. ARTICLE FORTY: IN THE REPUBLIC OF AFGHANISTAN, THE FREEDOM TO PERFORM RELIGIOUS RITES IS GUARANTEED TO ALL MUSLIMS. FOLLOWERS OF OTHER RELIGIONS ARE FREE TO PERFORM THEIR RELIGIOUS RITES. NO INDIVIDUAL HAS THE RIGHT TO ABUSE

RELIGION FOR ANTI-NATIONAL AND ANTI-PEOPLE PROPAGANDA PURPOSES CREATION OF ENMITY AND COMMISSION OF OTHER DEEDS CONTRARY TO THE INTERESTS OF THE REPUBLIC OF AFGHANISTAN. ARTICLE FORTY ONE: LIBERTY IS THE NATURAL RIGHT OF EVERY HUMAN BEING. THIS RIGHT IS UNLIMITED, EXCEPT IN SO FAR AS IT HARMS THE FREEDOM OF OTHERS AND PUBLIC INTERESTS AS DEFINED BY LAW. LIBERTY AND HUMAN DIGNITY ARE INVIOLABLE AND THE STATE RESPECTS AND PROTECTS THEM. INNOCENCE IS THE ORIGINAL STATE AND THE ACCUSED IS PRESUMED INNOCENT UNLESS FOUND GUILTY BY A FINAL VERDICT OF A COURT OF LAW. NO ACT IS CONSIDERED A CRIME, EXCEPT AS PRESCRIBED BY LAW. NO PERSON SHALL BE ARRESTED AND ACCUSED OF COMMITTING A CRIME UNLESS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. NO PERSON CAN BE ARRESTED OR DETAINED, EXCEPT WITH THE PERMISSION OF THE COURT AND IN ACCORDANCE WITH THE LAW. NO ACT IS CONSIDERED A CRIME, EXCEPT AS PRESCRIBED BY LAW. NO PERSON SHALL BE ARRESTED AND ACCUSED OF COMMITTING A CRIME UNLESS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. NO PERSON CAN BE DETAINED, EXCEPT WITH THE PERMISSION OF THE COURT AND IN ACCORDANCE WITH THE LAW. NO PERSON CAN BE PUNISHED UNLESS BY A VERDICT OF A COURT IN ACCORDANCE WITH THE PROVISIONS OF LAW AND IN PROPORTION TO THE CRIME COMMITTED. CRIME IS A PERSONAL DEED; NO OTHER PERSON SHALL BE PUNISHED FOR ITS COMMISSION. THE ACCUSED HAS THE RIGHT TO DEFEND HIMSELF PERSONALLY THROUGH AN ADVOCATE. ARTICLE FORTY TWO: IN THE REPUBLIC OF AFGHANISTAN PUNISHMENT INCOMPATIBLE WITH HUMAN DIGNITY; TORTURE AND EXCRUCIATION ARE PROHIBITED. OBTAINING CONFESSION, TESTIMONY OR STATEMENT FROM AN ACCUSED OR ANY OTHER PERSON BY COMPULSION OR THREAT IS PROHIBITED. STATEMENTS OR TESTIMONY TAKEN FROM AN ACCUSED OR OTHER PERSON BY MEANS OF COMPULSION SHALL NOT BE VALID. A PUBLIC SERVANT WHO TORTURES AN ACCUSED OR ANY OTHER PERSON FOR OBTAINING STATEMENTS, TESTIMONY OR CONFESSION, OR WHO ISSUES ORDERS FOR TORTURE, SHALL BE PUNISHED IN ACCORDANCE WITH THE LAW. ACTING ON THE ORDERS OF SUPERIORS IN THE COMMISSION OF UNLAWFUL DEEDS CANNOT BE THE GROUND FOR THE PLEA OF INNOCENCE. ARTICLE FORTY THREE: INDEBTEDNESS CANNOT BE THE CAUSE OF DEPRIVATION OF A PERSON'S LIBERTY. THE WAYS AND MEANS OF RECOVERING DEBTS SHALL BE REGULATED BY THE LAW. ARTICLE FORTY FOUR: IN THE REPUBLIC OF AFGHANISTAN, THE INVIOLABILITY OF RESIDENCE IS GUARANTEED. NO PERSON, INCLUDING A STATE REPRESENTATIVE CAN ENTER OR SEARCH A RESIDENCE WITHOUT THE PERMISSION OF THE RESIDENT AND EXCEPT IN CIRCUMSTANCES AND UNDER PROCEDURES PRESCRIBED BY LAW. ARTICLE FORTY FIVE: IN THE REPUBLIC OF AFGHANISTAN, CONFIDENTIALITY OF CORRESPONDENCE, AND TELEPHONIC AND TELEGRAPHIC COMMUNICATIONS IS GUARANTEED. NO ONE,

INCLUDING A STATE REPRESENTATIVE, SHALL INTERCEPT TELEPHONIC AND TELEGRAPHIC COMMUNICATIONS AND CONTROL CORRESPONDENCES EXCEPT UNDER THE PROVISIONS OF THE LAW. ARTICLE FORTY SIX: CITIZENS OF THE REPUBLIC OF THEIR DUTIES UNLAWFUL AND RESPONSIBLE OFFICIALS PROCEDURES OF WHICH SHALL ARTICLE FORTY SEVEN: CITIZENS OF THE REPUBLIC OF AFGHANISTAN ARE ENTITLED TO TAKE PART IN SOCIO POLITICAL LIFE AND THE ADMINISTRATION OF THE STATE, DIRECTLY OR THROUGH THEIR REPRESENTATIVES. ARTICLE FORTY EIGHT: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO ELECT OR BE ELECTED. CONDITIONS AND PROCEDURES OF EXERCISING THIS RIGHT SHALL BE REGULATED BY LAW. ARTICLE FORTY NINE: CITIZENS OF THE REPUBLIC OF AFGHANISTAN ENJOY THE RIGHT OF FREEDOM OF THOUGHT AND EXPRESSION. CITIZENS CAN EXERCISE THIS RIGHT OPENLY, IN SPEECH AND IN WRITING, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. PRE CENSORSHIP OF THE PRESS IS NOT ALLOWED. ARTICLE FIFTY: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO ASSEMBLY, PEACEFUL DEMONSTRATION AND STRIKE, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE FIFTY ONE: CITIZENS OF THE REPUBLIC OF AFGHANISTAN ENJOY THE RIGHT TO PETITION, CRITICIZE AND MAKE SUGGESTIONS, EITHER INDIVIDUALLY OR COLLECTIVELY. STATE ORGANS, SOCIAL ORGANIZATIONS AND RESPONSIBLE OFFICIALS ARE BOUND TO CONSIDER THE PETITIONS, CRITICISMS AND PROPOSALS AND TAKE NECESSARY ACTIONS IN REGARD TO THEM WITHIN THE TIME PRESCRIBED BY LAW. SURVEILLANCE FOR CRITICISM IS FORBIDDEN. ARTICLE FIFTY TWO: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO WORK AND ARE ENTITLED TO EQUAL PAY FOR EQUAL WORK. THE STATE, THROUGH ENACTMENT AND APPLICATION OF JUST AND PROGRESSIVE LABOUR LAWS, SHALL PROVIDE NECESSARY CONDITIONS FOR THE CITIZENS TO ENJOY THIS RIGHT. ARTICLE FIFTY THREE: OF AFGHANISTAN WHO SUFFER IN THE PERFORMANCE DAMAGE BY STATE ORGANS, SOCIAL ORGANIZATIONS ARE ENTITLED TO COMPENSATION, CONDITIONS AND BE REGULATED BY LAW.

IMPOSITION OF FORCED LABOUR IS FORBIDDEN. PERFORMANCE OF COMPULSORY LABOUR IN WAR TIME, NATURAL CALAMITY AND OTHER STATES OF EMERGENCY WHICH THREATEN PUBLIC LIFE AND ORDER SHALL BE EXCLUDED FROM THIS. ARTICLE FIFTY FOUR: CITIZENS OF THE REPUBLIC OF AFGHANISTAN, SUBJECT TO THE NEEDS OF THE SOCIETY AND ON THE BASIS OF SPECIALIZATION, HAVE THE RIGHT TO HOLD STATE POSTS AND CHOOSE THEIR OCCUPATION. ARTICLE FIFTY FIVE: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO REST. THE STATE DEFINES THE WORKING HOURS AND THE PERIODIC HOLIDAYS WITH PAY AND THE SPECIFICATIONS OF WORK DURING HOLIDAYS, FESTIVALS, IDS AND SHALL PROVIDE CONDITIONS FOR REST, GROWTH OF CULTURAL, ARTISTIC ESTABLISHMENTS, PHYSICAL TRAINING, SPORTS AND HEALTHY RECREATION. ARTICLE FIFTY SIX: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO FREE EDUCATION. THE STATE SHALL ADOPT NECESSARY MEASURES FOR ERADICATION OF ILLITERACY, GENERALIZATION OF BALANCED EDUCATION, IN MOTHER TONGUE, ENSURING COMPULSORY PRIMARY EDUCATION, GRADUAL EXPANSION OF GENERAL, TECHNICAL, PROFESSIONAL AND VOCATIONAL EDUCATION, AND GROWTH OF THE SYSTEM OF HIGHER EDUCATION FOR TRAINING NATIONAL CADRES. IN THE REPUBLIC OF AFGHANISTAN THE FORMATION OF EDUCATIONAL AND HIGHER EDUCATION INSTITUTIONS BY PRIVATE SECTOR AND FOREIGN PERSONS IS ALLOWED IN ACCORDANCE WITH THE LAW. ARTICLE FIFTY SEVEN: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO HEALTH AND SOCIAL SECURITY. THE STATE SHALL ADOPT NECESSARY MEASURES FOR EXPANSION OF ALL ROUND, BALANCED AND COUNTRYWIDE MEDICAL SERVICES, EXPANSION OF HOSPITALS, HEALTH CENTRES, TRAINING OF DOCTORS AND PERSONNEL FOR MEDICAL SERVICES, UNIVERSAL PREVENTION OF DISEASES, EXPANSION OF FREE HEALTH SERVICES, ARRANGEMENT OF PRIVATE MEDICAL SERVICES, IMPROVEMENT OF MATERIAL WELFARE OF THE AGED, WAR AND WORK DISABLED AND DEPENDENTS OF MARTYRS. ARTICLE FIFTY EIGHT: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO SCIENTIFIC, TECHNICAL AND ARTISTIC ACTIVITIES. THE STATE ENSURES SYSTEMATIC PROGRESS OF SCIENCE AND TRAINING OF SCIENTIFIC CADRES, PROTECTS THE RIGHTS OF AUTHORS AND INVENTORS, ENCOURAGES SCIENTIFIC RESEARCH IN ALL SPHERES AND GENERALIZES THE EFFECTIVE USE OF THE RESULTS OF SCIENTIFIC RESEARCH. ARTICLE FIFTY NINE: CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO TRAVEL AND FREE CHOICE OF DOMICILE AND RESIDENCE IN THE COUNTRY. THE STATE IS

AUTHORIZED TO BAN TEMPORARILY TRAVEL, SETTLEMENT AND RESIDENCE IN PARTICULAR AREAS OF THE COUNTRY FOR THE PURPOSES OF MAINTAINING SECURITY AND PUBLIC ORDER, PREVENTION OF EPIDEMIC DISEASES AND PROTECTION OF THE RIGHTS AND LIBERTIES OF INDIVIDUALS. ARTICLE SIXTY: CITIZENS OF THE REPUBLIC OF AFGHANISTAN ENJOY ACCORDING TO LAW THE RIGHT TO TRAVEL ABROAD AND RETURN HOME. ARTICLE SIXTY ONE: EVERY CITIZEN OF THE REPUBLIC OF AFGHANISTAN IS BOUND TO OBSERVE THE CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN. IGNORANCE OF PROVISIONS OF LAW IS NO EXCUSE. ARTICLE SIXTY TWO: CITIZENS OF THE REPUBLIC OF AFGHANISTAN AND FOREIGNERS ARE BOUND TO PAY TAXES AND DUTIES TO THE STATE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE SIXTY THREE: THE DEFENSE OF HOMELAND, INDEPENDENCE, NATIONAL SOVEREIGNTY AND TERRITORIAL INTEGRITY OF THE COUNTRY IS THE PROUD DUTY OF THE CITIZENS OF THE REPUBLIC OF AFGHANISTAN. CONDITIONS OF SERVICE IN THE ARMED FORCES SHALL BE REGULATED BY LAW. ARTICLE SIXTY FOUR: THE STATE SHALL PROVIDE NECESSARY CONDITIONS FOR THE CITIZENS TO EXERCISE THEIR FUNDAMENTAL RIGHTS AND FREEDOMS AND DISCHARGE THEIR DUTIES. NO PERSON HAS THE RIGHT TO EXERCISE THE RIGHTS AND FREEDOMS ENSHRINED IN THE LAW AGAINST PUBLIC INTEREST AND TO THE DETRIMENT OF THE RIGHTS AND LIBERTIES OF OTHER CITIZENS. CHAPTER FOUR LOYA JIRGA (GRAND ASSEMBLY) ARTICLE SIXTY FIVE: THE LOYA JIRGA IS THE HIGHEST MANIFESTATION OF THE WILL OF THE PEOPLE OF AFGHANISTAN IN ACCORDANCE WITH NATIONAL HISTORICAL TRADITIONS. ARTICLE SIXTYSIX: THE LOYA JIRGA CONSISTS OF: 1) THE PRESIDENT AND VICE-PRESIDENTS; 2) MEMBERS OF THE NATIONAL ASSEMBLY; 3) PRIME MINISTER, DEPUTY PRIME MINISTERS AND MEMBERS OF THE COUNCIL OF

MINISTERS; 4) CHIEF JUSTICE AND DEPUTY CHIEF JUSTICES 5) ATTORNEY GENERAL; 6) CHAIRMAN OF THE CONSTITUTIONAL COUNCIL; 7) CHAIRMAN OF THE COUNCILS OF THE PROVINCES; 8) FROM EACH PROVINCE, EQUIVALENT TO THE NUMBER OF THEIR DEPUTIES TO THE WOLESI JIRGA (HOUSE OF REPRESENTATIVES), ELECTED BY THE PEOPLE THROUGH UNIVERSAL EQUAL, FREE, SECRET AND DIRECT BALLOT; 9) A MAXIMUM OF FIFTY PERSONS FROM AMONG PROMINENT POLITICAL, SCIENTIFIC, SOCIAL AND RELIGIOUS FIGURES TO BE APPOINTED BY THE PRESIDENT. ARTICLE SIXTY SEVEN: THE LOYA JIRGA ENJOYS THE FOLLOWING POWERS: 1. TO APPROVE AND AMEND THE CONSTITUTION. 2. TO ELECT THE PRESIDENT AND TO ACCEPT THE PRESIDENT'S RESIGNATION. 3. TO CONSENT TO THE DECLARATION OF WAR AND ARMISTICE. 4. TO ADOPT DECISIONS ON THE MOST IMPORTANT QUESTIONS REGARDING THE DESTINY OF THE COUNTRY. ARTICLE SIXTY EIGHT: SAVE IN CASES OTHERWISE DEFINED IN THIS CONSTITUTION, THE LOYA JIRGA SHALL BE SUMMONED AND OPENED BY THE PRESIDENT AND ITS SESSIONS SHALL BE HELD UNDER THE CHAIRMANSHIP OF THE PRESIDENT OR ANY OTHER PERSON APPOINTED BY THE PRESIDENT AS HIS REGENT. THE QUORUM FOR THE LOYA JIRGA SHALL BE TWO THIRD OF ITS MEMBERS PRESENT. SAVE IN CASES OTHERWISE DEFINED IN THIS CONSTITUTION, THE DECISIONS OF THE LOYA JIRGA SHALL BE ADOPTED BY A MAJORITY VOTE OF ITS MEMBERS. ARTICLE SIXTY NINE: DURING THE TIME WHEN THE HOUSE OF REPRESENTATIVES REMAINS DISSOLVED, ITS MEMBERS SHALL RETAIN THEIR MEMBERSHIP OF THE LOYA JIRGA TILL A NEW HOUSE IS ELECTED. ARTICLE SEVENTY: ELECTIONS TO LOYA JIRGA SHALL BE REGULATED BY LAW AND ITS PROCEDURE LAID DOWN BY THE LOYA JIRGA ITSELF. CHAPTER FIVE THE PRESIDENT ARTICLE SEVENTY ONE: THE PRESIDENT IS THE HEAD OF THE STATE AND SHALL EXERCISE HIS POWERS IN LEGISLATIVE, EXECUTIVE AND JUDICIAL SPHERES IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN.

ARTICLE SEVENTY TWO: THE PRESIDENT SHALL BE ELECTED BY A MAJORITY VOTE OF THE MEMBERS OF THE LOYA JIRGA FOR A TERM OF SEVEN YEARS. NO PERSON CAN BE ELECTED AS PRESIDENT FOR MORE THAN TWO TERMS. THE PRESIDENT IS ACCOUNTABLE AND SHALL REPORT TO LOYA JIRGA. THE LOYA JIRGA SHALL BE CALLED TO ELECT A NEW PRESIDENT THIRTY DAYS BEFORE THE END OF THE TERM OF OFFICE OF THE OUTGOING PRESIDENT. ARTICLE SEVENTY THREE: ANY MUSLIM CITIZEN OF THE REPUBLIC OF AFGHANISTAN WHO HAS COMPLETED THE AGE OF FORTY AND WHO AND WHOSE WIFE ARE BORN OF AFGHAN PARENTS AND ENJOYS CIVIL AND POLITICAL RIGHTS CAN BE ELECTED PRESIDENT. ARTICLE SEVENTY FOUR: THE PRESIDENT, AFTER BEING ELECTED, SHALL TAKE THE FOLLOWING OATH: 'I SWEAR IN THE NAME OF ALLAH, THE ALMIGHTY, TO PROTECT THE PRINCIPLES OF SACRED RELIGION OF ISLAM, OBSERVE THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN AND SUPERVISE ITS IMPLEMENTATION, SAFEGUARD THE INDEPENDENCE, NATIONAL SOVEREIGNTY AND TERRITORIAL INTEGRITY OF AFGHANISTAN, PRESERVE THE BASIC RIGHTS AND FREEDOMS OF THE CITIZENS AND EXERT ALL MY EFFORTS TO ENSURE SOCIAL JUSTICE, PEOPLE'S PROSPERITY, STRENGTHENING OF PEACE AND PROGRESS IN THE COUNTRY'. ARTICLE SEVENTY FIVE: THE PRESIDENT SHALL ENJOY THE FOLLOWING POWERS IN ADDITION TO THOSE ENTRUSTED TO HIM BY OTHER PROVISIONS OF THE CONSTITUTION: 1) SUPREME COMMAND OF THE ARMED FORCES; 2) TO SIGN LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY; 3) TO NOMINATE THE PRIME MINISTER DESIGNATE TO FORM THE GOVERNMENT; 4) TO APPROVE THE APPOINTMENT OF PRIME MINISTER, DEPUTY PRIME MINISTER AND MINISTERS AFTER THEY RECEIVE THE VOTE OF CONFIDENCE FROM THE NATIONAL ASSEMBLY AND TO ACCEPT THEIR RESIGNATIONS; 5) TO CONVENE AND PRESIDE OVER THE SESSIONS OF THE COUNCIL OF MINISTERS WHEN NECESSARY; 6) TO DELEGATE THE POWER OF JUDGMENT AND TO ENDORSE THE APPOINTMENT, PROMOTION AND RETIREMENT OF HIGH-RANKING JUDGES, OFFICIALS AND OFFICERS IN ACCORDANCE WITH THE LAW; 7) TAKE DECISIONS ON ASCERTAINING PUBLIC OPINION OR HOLDING REFERENDUM ON MAJOR POLITICAL, SOCIAL AND ECONOMIC ISSUES; 8) PARDON AND REMIT SENTENCES;

9) ACCREDIT THE HEADS OF DIPLOMATIC MISSIONS OF THE REPUBLIC AFGHANISTAN TO OTHER COUNTRIES AND INTERNATIONAL ORGANIZATIONS;

OF

10) ACCEPT THE CREDENTIALS OF THE HEADS OF DIPLOMATIC MISSIONS OF OTHER COUNTRIES TO THE REPUBLIC OF AFGHANISTAN; 11) TO PROCLAIM A STATE OF EMERGENCY, GENERAL AND PARTIAL MOBILIZATION AND THEIR TERMINATION; 12) TO DECLARE WAR AND ARMISTICE IN CONSONANCE WITH THE LOYA JIRGA; 13) TO AUTHORIZE THE ISSUE OF MONEY AND MONETARY REFORM, IN ACCORDANCE WITH THE LAW; 14) TO GRANT CITIZENSHIP AND ASYLUM IN ACCORDANCE WITH THE LAW; 15) TO GRANT HONOURARY ORDERS, MEDALS AND TITLES AS PER THE LAW; 16) TO APPROVE THE NATIONAL ANTHEM OF THE REPUBLIC OF AFGHANISTAN; 17) TO CANCEL THE LAWS AND OTHER LEGISLATIVE INSTRUMENTS WHOSE UNCONFORMITY WITH THE CONSTITUTION IS DETERMINED BY CONSTITUTIONAL COUNCIL; 18) TO CREATE THE PRESIDENTIAL ADMINISTRATIVE APPARATUS; 19) TO EXERCISE OTHER POWERS IN ACCORDANCE WITH THE LAW. THE PRESIDENT IS AUTHORIZED TO DELEGATE SOME OF HIS LEGAL POWERS TO THE VICE PRESIDENTS. ARTICLE SEVENTY SIX: THE PRESIDENT SHALL CONTINUE IN OFFICE TILL THE END OF HIS TERM EXCEPT IN THE EVENT OF PROTRACTED AND INCURABLE ILLNESS AND OR RESIGNATION. IN ALL CASES WHEN THE PRESIDENT IS UNABLE TO DISCHARGE HIS DUTIES, THE PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TO THE FIRST VICE PRESIDENT. IN CASE OF PERMANENT LOSS OF ABILITY TO WORK, DEATH OR RESIGNATION OF THE PRESIDENT, THE FIRST VICE-PRESIDENT SHALL INVITE THE LOYA JIRGA WITHIN ONE MONTH TO ELECT A NEW PRESIDENT. IN THE EVENT OF RESIGNATION, THE PRESIDENT SHALL SUBMIT HIS RESIGNATION DIRECTLY TO THE LOYA JIRGA. CHAPTER SIX NATIONAL ASSEMBLY ARTICLE SEVENTY SEVEN: THE NATIONAL ASSEMBLY (PARLIAMENT) IS THE HIGHEST LEGISLATIVE BODY OF THE REPUBLIC OF AFGHANISTAN. ARTICLE SEVENTY EIGHT:

THE NATIONAL ASSEMBLY CONSISTS OF TWO HOUSES: HOUSE OF REPRESENTATIVES AND SENATE. ARTICLE SEVENTY NINE: THE PEOPLE'S DEPUTIES TO THE HOUSE OF REPRESENTATIVES SHALL BE ELECTED THROUGH GENERAL, EQUAL, FREE, SECRET AND DIRECT VOTING FOR A LEGISLATIVE TERM OF FIVE YEARS, IN ACCORDANCE WITH THE LAW. MEMBERS OF THE SENATE (SENATORS) ARE ELECTED AND APPOINTED IN THE FOLLOWING MANNER: 1) TWO PERSONS FROM EACH PROVINCE ELECTED BY THE PEOPLE FOR A PERIOD OF FIVE YEARS. 2) TWO PERSONS FROM AMONG THE MEMBERS OF EACH PROVINCIAL COUNCIL FOR A TERM OF THREE YEARS. 3) THE REMAINING ONE THIRD OF THE MEMBERS SHALL BE APPOINTED FOR A PERIOD OF FOUR YEARS BY THE PRESIDENT FROM AMONGST THE NATIONAL, CULTURAL, PERSONALITIES, KNOWLEDGEABLE SCHOLARLY, PRESTIGIOUS AND NATIONAL FIGURES. ARTICLE EIGHTY: THE NUMBER, CONDITIONS, PROCEDURE OF ELECTION AND APPOINTMENT OF THE MEMBERS OF THE NATIONAL ASSEMBLY SHALL BE REGULATED BY LAW. ARTICLE EIGHTY ONE: IN ADDITION TO OTHER POWERS PRESCRIBED IN THIS NATIONAL ASSEMBLY SHALL ENJOY THE FOLLOWING POWERS: CONSTITUTION, THE

1) TO APPROVE, AMEND AND REPEAL LAWS AND LEGISLATION DECREES AND TO PRESENT THEM TO THE PRESIDENT FOR SIGNATURE. 2) TO INTERPRET LAWS. 3) TO RATIFY OR TO APPROVE THE ANNULMENT OF BILATERAL TREATIES AND RATIFY ACCESSION OR WITHDRAWAL FROM INTERNATIONAL TREATIES. 4) TO APPROVE SOCIO ECONOMIC DEVELOPMENT GOVERNMENT'S REPORT ON THEIR EXECUTION. PLANS AND ENDORSE THE

5) TO APPROVE THE STATE BUDGET AND EVALUATE THE REPORT ON ITS EXECUTION. 6) TO ESTABLISH ADMINISTRATIVE UNITS AND MAKE CHANGES THERE TO. 7) TO ESTABLISH AND ABOLISH MINISTRIES. 8) TO DECIDE ON THE APPOINTMENT AND REMOVAL OF VICE PRESIDENTS ON THE BASIS OF RECOMMENDATION AND REQUEST OF THE PRESIDENT.

9) TO AUTHORIZE THE STATE TO RECEIVE LOANS AND GRANT PRIVILEGES OF SUBSTANTIAL IMPORTANCE IN NATIONAL ECONOMY, INCLUDING MONOPOLY. 10) TO INSTITUTE BY LAW, HONOURARY ORDERS, MEDALS AND TITLES. 11) TO ENDORSE THE ESTABLISHMENT OF RELATIONS WITH OTHER COUNTRIES AND INTERNATIONAL ORGANIZATIONS. 12) TO ELICIT REPLIES FROM THE PRIME MINISTER AND OTHER MEMBERS OF THE GOVERNMENT CONCERNING PERFORMANCES RELATING TO THEIR AUTHORITY DURING INTERPELLATIONS SESSION. ARTICLE EIGHTY TWO: THE HOUSE OF REPRESENTATIVES SHALL HAVE THE FOLLOWING EXCLUSIVE POWERS: 1) TO PASS A VOTE OF CONFIDENCE OR NO-CONFIDENCE IN THE COUNCIL OF MINISTERS OR ONE OF ITS MEMBERS. 2) TO TAKE FINAL DECISION ON THE DRAFT PLANS FOR ECONOMIC AND SOCIAL DEVELOPMENT AND THE STATE BUDGET IN THE EVENT OF DISAGREEMENT BETWEEN THE HOUSE OF REPRESENTATIVES AND THE SENATE. ARTICLE EIGHTY THREE: EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL APPOINT AT ITS FIRST SESSION, A COMMISSION FROM AMONG ITS MEMBERS TO AUTHENTICATE THE CREDENTIALS. THE COMMISSION SHALL REPORT THE RESULTS OF ITS FINDINGS TO THE RELATIVE HOUSE. ARTICLE EIGHTY FOUR: THE HOUSE OF REPRESENTATIVES ELECTS AT ITS FIRST SESSION FROM AMONG ITS MEMBERS AN EXECUTIVE COMMITTEE COMPOSED OF A CHAIRMAN, TWO DEPUTY CHAIRMEN AND TWO SECRETARIES FOR THE WHOLE TERM OF THE LEGISLATURE. THE SENATE ELECTS FROM AMONG ITS MEMBERS AN EXECUTIVE COMMITTEE COMPOSED OF A CHAIRMAN FOR A TERM OF FIVE YEARS, TWO DEPUTY CHAIRMEN AND TWO SECRETARIES FOR A TERM OF ONE YEAR. THE CHAIRMAN OF EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL CONDUCT AND MAINTAIN ORDER IN THE RESPECTIVE SESSIONS OF THE HOUSES. IN THE ABSENCE OF THE CHAIRMAN ONE OF THE DEPUTY CHAIRMEN SHALL DISCHARGE HIS DUTIES. ARTICLE EIGHTY FIVE: THE ORDINARY SESSIONS OF THE NATIONAL ASSEMBLY ARE HELD TWICE A YEAR, IN THE FIRST WEEK OF THE MONTH OF SUNBOLA AND THE FIRST WEEK OF THE MONTH HOOT. EACH REGULAR SESSION OF THE NATIONAL ASSEMBLY, SHALL NOT EXTEND TO MORE THAN THREE MONTHS. IF THE NATIONAL ASSEMBLY IS DISCUSSING THE ANNUAL BUDGET OR THE DEVELOPMENT PLAN, ITS SESSION SHALL NOT BE WOUND UP BEFORE THEIR ENDORSEMENT. IF THE BUDGET IS NOT ENDORSED BEFORE THE BEGINNING OF THE FISCAL YEAR, THE BUDGET OF THE PREVIOUS YEAR SHALL APPLY TILL THE ENDORSEMENT OF THE NEW ANNUAL BUDGET. AN EXTRAORDINARY SESSION OF THE NATIONAL ASSEMBLY CAN BE HELD ON THE

DECISION OF THE PRESIDENT, REQUEST OF CHAIRMAN OF EITHER HOUSE OR OF ONE FIFTH OF MEMBERS OF EACH HOUSE. ARTICLE EIGHTY SIX: THE HOUSE OF NATIONAL ASSEMBLY SHALL HOLD SEPARATE OR JOINT SESSIONS. THE JOINT SESSIONS OF THE NATIONAL ASSEMBLY ARE CHAIRED ALTERNATELY BY THEIR CHAIRMEN. THE PRESIDENT INAUGURATES AND CONCLUDES THE SESSION OF THE NATIONAL ASSEMBLY. THE FIRST SESSION OF NATIONAL ASSEMBLY SHALL BE SUMMONED BY THE PRESIDENT, THIRTY DAYS AFTER THE CONCLUSION OF THE ELECTIONS TO THE HOUSE OF REPRESENTATIVES. ARTICLE EIGHTY SEVEN: THE QUORUM FOR BOTH HOUSES OF THE NATIONAL ASSEMBLY SHALL BE COMPLETED WHEN TWO THIRD OF THE MEMBERS OF EACH HOUSE ARE PRESENT. THE DECISION OF EACH HOUSE IS PASSED BY A MAJORITY VOTE OF ITS TOTAL MEMBERSHIP. ARTICLE EIGHTY EIGHT: THE SEPARATE AND JOINT SESSIONS OF THE HOUSES OF NATIONAL ASSEMBLY SHALL BE OPENED, UNLESS THE HOUSES DECIDE TO MEET IN CLOSED SESSIONS. THE PROCEEDINGS OF THE DEBATES OF BOTH THE HOUSES SHALL BE RECORDED. ARTICLE EIGHTY NINE: EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL SELECT FROM AMONG ITS MEMBERS STANDING COMMISSIONS FOR THE PRELIMINARY CONSIDERATION AND ARRANGEMENT OF THE ISSUES WITHIN ITS COMPETENCE. ARTICLE NINETY: EACH HOUSE OF THE NATIONAL ASSEMBLY IS EMPOWERED TO CONSTITUTE INVESTIGATION, AUDITING AND OTHER TEMPORARY COMMISSIONS AS MAY BE REQUIRED. THE TASKS AND PROCEDURES OF THE INVESTIGATION AND AUDITING COMMISSIONS SHALL BE REGULATED BY THE RESPECTIVE HOUSES OF THE NATIONAL ASSEMBLY. ARTICLE NINTY ONE: MEMBER OF THE HOUSE OF REPRESENTATIVES HAVE THE RIGHT TO PUT QUESTION TO THE PRIME MINISTER OR ANY MEMBER OF THE GOVERNMENT IN THE INTERPELLATIONS SESSION. ANSWERS TO THE QUESTIONS SHALL BE PRESENTED IN WRITING OR ORALLY. THE HOUSE OF REPRESENTATIVES CAN CONSIDER ON THE BASIS OF THE ANSWERS PRESENTED THE MOTION OF VOTE OF CONFIDENCE IN THE GOVERNMENT. A GOVERNMENT WHICH FAILS TO RECEIVE THE VOTE OF CONFIDENCE SHALL CONTINUE IN OFFICE TILL A NEW GOVERNMENT IS FORMED. ARTICLE NINETY TWO: MEMBERS OF THE COUNCIL OF MINISTERS, AFTER OBTAINING THE PERMISSION OF THE CHAIRMAN OF THE SESSION, CAN ATTEND THE MEETINGS OF THE NATIONAL ASSEMBLY HAVING CONSULTATIVE VOTE..

ARTICLE NINETY THREE: MEMBERS OF THE NATIONAL ASSEMBLY HAVE THE RIGHT TO VOTE AND EXPRESS THEIR VIEWS IN SEPARATE AND JOINT SESSIONS. NO MEMBER OF THE NATIONAL ASSEMBLY SHALL BE SUBJECTED TO LEGAL PROSECUTION FOR A VOTE OR VIEWS EXPRESSED INSIDE OR OUTSIDE THE NATIONAL ASSEMBLY. SAVE IN CASES OF PRIMA FACIE EVIDENCE OF CRIMES, NO MEMBER OF THE NATIONAL ASSEMBLY CAN BE ARRESTED, DETAINED OR SUBJECTED TO JUDICIAL SURVEILLANCE WITHOUT THE CONSENT OF THE HOUSE CONCERNED OR WITHOUT THE CONSENT OF ITS EXECUTIVE COMMITTEE DURING THE INTERVAL BETWEEN TWO SESSIONS OF THE NATIONAL ASSEMBLY. IF A MEMBER OF THE NATIONAL ASSEMBLY IS ARRESTED ON A PRIMA FACIE CASE, THE EXECUTIVE COMMITTEE OF THE HOUSE CONCERNED SHALL BE INFORMED. ARTICLE NINETY FOUR: THE FOLLOWING AUTHORITIES HAVE THE RIGHT TO PROPOSE INTRODUCTION, AMENDMENT AND REPEAL OF LAW IN EACH HOUSE OF THE NATIONAL ASSEMBLY: 1) THE 2) THE STANDING COMMISSIONS 3) AT LEAST ONE TENTH OF 4) THE COUNCIL 5) THE 6) THE ATTORNEY GENERAL. PRESIDENT. OF THE NATIONAL ASSEMBLY. MEMBERSHIP OF EACH HOUSE. OF MINISTERS. SUPREME COURT.

IN CASE THE INTRODUCTION, AMENDMENT AND THE ABOLITION OF LAW CAUSE INCREASE OF STATE'S SPENDINGS AND DECREASE ITS INCOMES, THE EARLIER AGREEMENT OF THE GOVERNMENT SHALL BE SOUGHT IN THIS RESPECT. ARTICLE NINETY FIVE: EXCEPT CASES DEFINED OTHERWISE IN THIS CONSTITUTION, THE DECISIONS OF ONE OF THE HOUSES RELATING TO POWERS DESCRIBED UNDER ARTICLE EIGHTYONE SHALL BE DELIVERED TO THE OTHER HOUSE. IF THE DECISIONS OF ONE HOUSE IS REJECTED BY THE OTHER, A JOINT COMMITTEE OF EQUAL NUMBER OF MEMBERS OF EITHER HOUSE SHALL BE SET UP. THE DECISION OF THE JOINT COMMITTEE WHICH HAS BEEN ADOPTED ON THE BASIS OF TWO THIRDS OF VOTES OF THE COMMITTEE MEMBERS SHALL ENTER INTO FORCE AFTER IT IS SIGNED BY THE PRESIDENT. IF THE JOINT COMMITTEE FAILS TO RESOLVE DIFFERENCES, THE MATTER SHALL BE DISCUSSED IN THE JOINT SESSION OF THE NATIONAL ASSEMBLY AND DECISION TAKEN BY A MAJORITY VOTE OF THE JOINT SESSION. ARTICLE NINETY SIX: DECISIONS OF THE NATIONAL ASSEMBLY ARE ENFORCED AFTER SIGNATURE BY THE PRESIDENT. IN CASE THE PRESIDENT DOES NOT AGREE WITH THE DECISIONS OF THE NATIONAL ASSEMBLY, HE CAN RETURN THEM TO THE NATIONAL ASSEMBLY WITHIN 30 DAYS FROM THE DATE OF RECEIPT ALONG WITH HIS REASONS. AFTER THE ELAPSE OF THIS PERIOD, AND ALSO IF THE NATIONAL ASSEMBLY ENDORSE THE DECISION IN ITS NEXT SESSION WITH TWO THIRDS VOTES OF ITS MEMBERS, THE DECISION SHALL BECOME EFFECTIVE AND THE PRESIDENT SHALL SIGN IT. ARTICLE NINETY SEVEN:

IN CONSULTATION WITH THE CHAIRMEN OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, THE PRIME MINISTER AND THE CHIEF JUSTICE, THE CHAIRMAN OF THE CONSTITUTION COUNCIL, THE PRESIDENT CAN DECLARE THE DISSOLUTION OF THE HOUSE OF REPRESENTATIVES OR THE NATIONAL ASSEMBLY PRESENTING REASONS OF JUSTIFICATION. REELECTIONS SHALL BE HELD WITHIN THIRTY DAYS AFTER THE DISSOLUTION OF THE HOUSE OF REPRESENTATIVE OR THE NATIONAL ASSEMBLY. THE NEW HOUSE OF REPRESENTATIVES OR NATIONAL ASSEMBLY, CANNOT BE DISSOLVED ONE YEAR AFTER RE-ELECTION. THE HOUSE OF REPRESENTATIVES OR THE NATIONAL ASSEMBLY CANNOT BE DISSOLVED DURING THE LAST SIX MONTHS OF OFFICE OF THE PRESIDENT. ARTICLE NINETY EIGHT: THE LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY SHALL BE PUBLISHED IN PASHTU AND DARI LANGUAGES AND CAN BE PUBLISHED IN THE LANGUAGES OF OTHER NATIONALITIES OF THE COUNTRY AS WELL. ARTICLE NINETY NINE: PROCEDURES FOR FUNCTIONING OF THE SESSIONS OF THE NATIONAL ASSEMBLY AND ITS STANDING COMMISSIONS SHALL BE REGULATED BY THE RELATED SESSION, IN CONFORMITY WITH THE PROVISIONS OF THE ENFORCED LAWS. CHAPTER SEVEN COUNCIL OF MINISTERS ARTICLE ONE HUNDRED: THE COUNCIL OF MINISTERS (GOVERNMENT) IS THE HIGHEST EXECUTIVE BODY OF THE REPUBLIC OF AFGHANISTAN. THE COUNCIL OF MINISTERS IS COMPOSED OF: • • • PRIME MINISTER DEPUTY PRIME MINISTER MINISTERS

ARTICLE ONE HUNDRED AND ONE: THE PRIME MINISTER DESIGNATE SHALL PRESENT TO THE FIRST SESSION OF THE HOUSE OF REPRESENTATIVES THE HOME AND FOREIGN POLICY LINE OF THE GOVERNMENT AND THE COMPOSITION OF HIS GOVERNMENT FOR SEEKING THE VOTE OF CONFIDENCE OF THE HOUSE. AFTER RECEIVING THE VOTE OF CONFIDENCE AND APPROVAL OF THE PRESIDENT, THE PRIME MINISTER SHALL PRESENT THE DOMESTIC AND FOREIGN POLICY LINE AND INTRODUCE MEMBERS OF THE GOVERNMENT TO THE SENATE. ARTICLE ONE HUNDRED AND TWO: THE COUNCIL OF MINISTERS IS RESPONSIBLE TO THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT AND SHALL SUBMIT REPORTS TO THEM. ARTICLE ONE HUNDRED AND THREE:

THE COUNCIL OF MINISTERS HAS THE FOLLOWING DUTIES AND POWERS: 1) TO FORMULATE AND IMPLEMENT THE DOMESTIC AND FOREIGN POLICIES. 2) TO ENSURE THE EXECUTION OF MATTERS RELATING TO NATIONAL ECONOMY; TO FORMULATE THE SOCIO ECONOMIC DEVELOPMENT PLANS, PREPARE THE STATE BUDGET, IMPLEMENT PLANS AND BUDGET AND REPORT TO THE NATIONAL ASSEMBLY ON THEIR EXECUTION 3) TO ADOPT MEASURES FOR DEFENDING THE INTERESTS OF THE PUBLIC, TO PROTECT ALL FORMS OF LEGAL PROPERTIES, TO ENSURE PUBLIC ORDER AND SECURITY AND SAFEGUARD THE RIGHTS AND FREEDOMS OF THE CITIZENS. 4) TO GUIDE FOREIGN RELATIONS, ESTABLISHMENT OF DIPLOMATIC TIES AND TO CONCLUDE AGREEMENTS WITH OTHER STATES AND INTERNATIONAL ORGANIZATIONS ACCORDING TO LAW. 5) TO CREATE OFFICES AND ORGANS RELATED TO THE COUNCIL OF MINISTERS WITH THE APPROVAL OF THE PRESIDENT. 6) TO APPROVE REGULATIONS AND RULES WITHIN ITS POWERS ACCORDING TO LAW. 7) TO SUBMIT REGULATIONS, MINISTERS TO THE PRESIDENT. RULES AND RESOLUTIONS OF THE COUNCIL OF

8) TO EXECUTE OTHER POWERS ACCORDING TO LAW. ARTICLE ONE HUNDRED AND FOUR: IN THE INTERVAL BETWEEN SESSIONS OF THE NATIONAL ASSEMBLY, AND IN THE EVENT OF DISSOLUTION OF THE HOUSE OF REPRESENTATIVES, THE COUNCIL OF MINISTERS MAY, IF URGENTLY REQUIRED, ISSUE LEGISLATIVE ORDINANCES ON MATTERS WITHIN THE POWERS OF THE NATIONAL ASSEMBLY, EXCLUDING MATTERS RELATING TO BUDGET AND FINANCIAL AFFAIRS. THESE LEGISLATIVE ORDINANCES SHALL COME INTO FORCE AFTER SIGNATURE BY THE PRESIDENT. THE COUNCIL OF MINISTERS SHALL SUBMIT TO THE FIRST PERIODIC SESSION OF THE NATIONAL ASSEMBLY FOR APPROVAL THE LEGISLATIVE ORDINANCES WHICH ARE PROMULGATED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. IF THE ORDINANCES ARE REJECTED BY THE NATIONAL ASSEMBLY, THEY BECOME VOID FROM THAT DATE. IN THE INTERVAL BETWEEN TWO SESSIONS OF THE NATIONAL ASSEMBLY OR IN THE PERIOD OF DISSOLUTION OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT MAY, ON THE RECOMMENDATION OF THE PRIME MINISTER, APPOINT OR DISMISS ANY MEMBER OF THE GOVERNMENT. THE MATTER SHALL THEN BE SUBMITTED TO THE FIRST SESSION OF THE HOUSE OF REPRESENTATIVES TO DECIDE UPON. ARTICLE ONE HUNDRED AND FIVE: THE GOVERNMENT IS DISSOLVED UNDER THE FOLLOWING CONDITIONS: 1) RESIGNATION OF THE PRIME MINISTER. 2) INCURABLE AND LONG LASTING SICKNESS OR DEATH OF PRIME MINISTER.

3) WITHDRAWING THE VOTE OF CONFIDENCE BY THE HOUSE OF REPRESENTATIVES OF THE GOVERNMENT. 4) END OF LEGISLATIVE TERM OF THE HOUSE OF REPRESENTATIVES. 5) DISSOLUTION OF THE HOUSE OF REPRESENTATIVES OR NATIONAL ASSEMBLY. IN ALL THOSE CONDITIONS THE DISSOLVED GOVERNMENT SHALL CARRY ON ITS ACTIVITIES UNDER ONE OF THOSE PERSONS MENTIONED IN ARTICLE 100 OF THE CONSTITUTION AND WHO IS APPOINTED BY THE PRESIDENT. ARTICLE ONE HUNDRED AND SIX: THE ORGANIZATION, COMPOSITION, AND MINISTERS SHALL BE REGULATED BY LAW. CHAPTER EIGHT JUDICIARY ARTICLE ONE HUNDRED AND SEVEN: JUDICIARY IS AN INDEPENDENT COMPONENT OF THE STATE. ARTICLE ONE HUNDRED AND EIGHT: JUDGMENT IN THE REPUBLIC OF AFGHANISTAN SHALL BE DELIVERED ONLY BY A COURT IN ACCORDANCE WITH THE LAW. THE JUDICIARY BODY IS COMPOSED OF THE SUPREME COURT AND OTHER COURTS WHICH ARE FORMED IN ACCORDANCE WITH THE LAW. ARTICLE ONE HUNDRED AND NINE: THE SUPREME COURT, AS THE HIGHEST JUDICIAL ORGAN, HEADS THE UNIFIED SYSTEM OF JUSTICE IN THE COUNTRY AND IS COMPOSED OF THE CHIEF JUSTICE, DEPUTY CHIEF JUSTICES AND JUDGES. THE SUPREME COURT SHALL, IN ACCORDANCE WITH THE PROVISIONS OF LAW, SUPERVISE THE ACTIVITIES OF THE COURTS AND ENSURE THE UNIFORM APPLICATION OF LAW BY COURTS. ARTICLE ONE HUNDRED AND TEN: THE CHIEF JUSTICE, DEPUTY CHIEF JUSTICES AND JUDGES OF SUPREME COURT SHALL BE APPOINTED IN ACCORDANCE WITH THE LAW BY THE PRESIDENT. THE CHIEF JUSTICE IS ACCOUNTABLE TO THE PRESIDENT AND SHALL REPORT TO HIM. ARTICLE ONE HUNDRED AND ELEVEN: THE COURT SHALL BE INDEPENDENT IN THEIR JUDGMENT AND SHALL SUBMIT ONLY TO THE LAW. TRIAL AND VERDICT BY COURTS SHALL BE BASED ON THE PRINCIPLE OF EQUALITY OF PARTIES BEFORE THE LAW AND THE COURT. ARTICLE ONE HUNDRED AND TWELVE: ACTIVITIES OF THE COUNCIL OF

THE JUDGES SHALL APPLY THE PROVISIONS OF THE CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN IN THE CASES UNDER THEIR CONSIDERATION. WHEN NO EXPLICIT PROVISION EXISTS IN THE LAW, THE COURT SHALL, FOLLOWING THE PROVISIONS OF THE SHARIAT OF ISLAM, RENDER A DECISION THAT SECURES JUSTICE IN THE BEST POSSIBLE WAY. ARTICLE ONE HUNDRED AND THIRTEEN: TRIAL IN THE COURTS OF THE REPUBLIC OF AFGHANISTAN SHALL BE HELD OPENLY. THE CONDITIONS UNDER WHICH CASES ARE TO BE CONDUCTED IN CLOSED TRIALS SHALL BE DETERMINED BY LAW. THE VERDICT OF THE COURT SHALL BE PRONOUNCED OPENLY IN ALL CIRCUMSTANCES. ARTICLE ONE HUNDRED AND FOURTEEN: THE TRIAL AND JUDGMENT BY THE COURTS SHALL BE CONDUCTED IN PASHTU AND DARI LANGUAGES OR IN THE LANGUAGE OF THE MAJORITY OF THE RESIDENTS OF THE PLACE. IF A PARTY TO THE CASE DOES NOT UNDERSTAND THE LANGUAGE IN WHICH THE TRIAL IS CONDUCTED, HE HAS THE RIGHT TO BECOME ACQUAINTED WITH THE MATERIALS AND DOCUMENTS OF THE CASE THROUGH AN INTERPRETER AND THE RIGHT TO ADDRESS THE COURT IN HIS MOTHER TONGUE. ARTICLE ONE HUNDRED AND FIFTEEN: THE VERDICT BY THE COURT SHALL CONTAIN THE STATEMENT OF REASONS AND EVIDENCE. THE FINAL VERDICT OF THE COURT IS BINDING, EXCEPT IN THE CASE OF A DEATH SENTENCE WHICH IS EXECUTED AFTER THE APPROVAL OF THE PRESIDENT. ARTICLE ONE HUNDRED AND SIXTEEN: THE ORGANIZATION, COMPOSITION, POWERS COURTS SHALL BE REGULATED BY LAW. ARTICLE ONE HUNDRED AND SEVENTEEN: THE ATTORNEY OFFICE OF THE REPUBLIC OF AFGHANISTAN IS A UNIFIED SYSTEM BASED ON THE PRINCIPLE OF CENTRALISM AND SHALL CONSIST OF THE OFFICE OF THE ATTORNEY GENERAL AND OFFICES OF OTHER ATTORNEYS WHICH ARE SET UP IN ACCORDANCE WITH THE LAW. CHAPTER NINE ATTORNEY OFFICE ARTICLE ONE HUNDRED AND EIGHTEEN: THE ATTORNEY GENERAL SHALL LEAD THE ACTIVITIES OF THE ATTORNEY OFFICES OF THE COUNTRY. THE ATTORNEY OFFICES ARE INDEPENDENT IN THE PERFORMANCE OF THEIR DUTIES AND ARE SUBJECT ONLY TO THE LAW AND THE ATTORNEY GENERAL. ARTICLE ONE HUNDRED AND NINETEEN: AND PROCEDURE OF WORK OF THE

THE ATTORNEY GENERAL AND DEPUTY ATTORNEY GENERALS ARE APPOINTED BY THE PRESIDENT IN ACCORDANCE WITH THE LAW. THE ATTORNEY GENERAL IS ACCOUNTABLE AND SHALL REPORT TO HIM. ARTICLE ONE HUNDRED AND TWENTY: HIGH SUPERVISION OVER THE IMPLEMENTATION AND UNIFORM OBSERVANCE OF LAWS BY THE MINISTRIES, DEPARTMENTS, STATE, MIXED AND PRIVATE INSTITUTIONS, COOPERATIVES, POLITICAL PARTIES AND SOCIAL ORGANIZATIONS, OFFICIALS IN CHARGE AND CITIZENS SHALL BE UNDERTAKEN BY THE ATTORNEY GENERAL AND THE ATTORNEY SUBORDINATE TO HIM. ARTICLE ONE HUNDRED AND TWENTY ONE: THE ORGANIZATION, COMPOSITION, POWERS AND PROCEDURE OF ACTIVITY OF THE ATTORNEY OFFICE SHALL BE REGULATED BY LAW. CHAPTER TEN CONSTITUTION COUNCIL ARTICLE ONE HUNDRED AND TWENTY TWO: THE CONSTITUTION COUNCIL OF THE REPUBLIC OF AFGHANISTAN SHALL BE FORMED TO ENSURE THE CONFORMITY OF LAWS, OTHER LEGISLATIVE DOCUMENTS AND INTERNATIONAL TREATIES WITH THE CONSTITUTION. ARTICLE ONE HUNDRED AND TWENTY THREE: THE CONSTITUTION COUNCIL SHALL EXERCISE THE FOLLOWING POWERS: 1) EVALUATE THE CONFORMITY OF LAWS, LEGISLATIVE INTERNATIONAL TREATIES WITH THE CONSTITUTION. DECREES AND

2) GIVE LEGAL ADVICES TO THE PRESIDENT ON CONSTITUTIONAL MATTERS. ARTICLE ONE HUNDRED AND TWENTY FOUR: IN ORDER TO EXERCISE ITS POWERS THE CONSTITUTION COUNCIL HAS THE RIGHT TO: 1) SCRUTINIZE THE LEGISLATIVE DOCUMENTS PRESENTED FOR THE PRESIDENT'S SIGNATURE AND EXPRESS OPINION ON THEIR CONFORMITY WITH THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN. 2) SUBMIT CONCRETE PROPOSALS TO THE PRESIDENT ON MEASURES REGARDING THE DEVELOPMENT OF LEGISLATIVE AFFAIRS AS REQUIRED BY THE CONSTITUTION. ARTICLE ONE HUNDRED AND TWENTY FIVE: THE CONSTITUTION COUNCIL SHALL CHAIRMAN, SECRETARY AND EIGHT PRESIDENT. BE COMPOSED MEMBERS WHO OF A CHAIRMAN, DEPUTY ARE APPOINTED BY THE

ARTICLE ONE HUNDRED AND TWENTY SIX: THE CONSTITUTION REPORT TO HIM. COUNCIL IS ACCOUNTABLE TO THE PRESIDENT AND SHALL

ARTICLE ONE HUNDRED AND TWENTY SEVEN: THE ORGANIZATION AND PROCEDURE OF ACTIVITY OF THE CONSTITUTION COUNCIL SHALL BE REGULATED BY LAW. CHAPTER ELEVEN ADMINISTRATION ARTICLE ONE HUNDRED AND TWENTY EIGHT: THE ADMINISTRATION IN THE REPUBLIC OF AFGHANISTAN IS BASED ON UNITS OF CENTRAL AND LOCAL ADMINISTRATION WHICH ARE REGULATED IN ACCORDANCE WITH THE LAW. THE LOCAL ADMINISTRATION IN THE REPUBLIC OF AFGHANISTAN CONSISTS OF THE ADMINISTRATIVE UNITS OF PROVINCES, DISTRICTS, CITIES AND PRECINCTS. THE UNITS ARE LED BY GOVERNORS, DISTRICT CHIEFS, MAYORS AND HEAD OF PRECINCTS. PROVINCIAL AND DISTRICT COUNCILS SHALL BE SET UP, IN ACCORDANCE WITH THE LAW, IN EVERY PROVINCE AND DISTRICT. THE PROVINCIAL AND DISTRICT COUNCILS EACH SHALL ELECT ONE OF THEIR MEMBERS AS CHAIRMAN AND SECRETARY. ARTICLE ONE HUNDRED AND TWENTY NINE: THE PROVINCIAL AND DISTRICT COUNCILS SHALL TAKE PART, IN ACCORDANCE WITH THE LAW, IN MAINTAINING THE DEVELOPMENT OBJECTIVES OF THE STATE IN THE AREA AND SHALL GIVE RECOMMENDATIONS TO THE ADMINISTRATIONS FOR THE IMPROVEMENT AND DEVELOPMENT OF THE AFFAIRS CONCERNED. MEMBER OF THE PROVINCIAL AND DISTRICT COUNCILS SHALL BE PAID PROPER ATTENDANCE FEES. ARTICLE ONE HUNDRED AND THIRTY: TO MANAGE THE AFFAIRS OF CITIES AND PRECINCTS, SESSIONS OF MUNICIPALITIES AND PRECINCTS ARE HELD IN ACCORDANCE WITH THE LAW. APPROPRIATE ATTENDANCE FEES SHALL BE PAID TO THE PARTICIPANTS OF THE SESSIONS OF MUNICIPALITIES AND PRECINCTS. IN CONNECTION WITH ELECTION OF REPRESENTATIVE TO THE LOYA JIRGA AND WOLESA JIRGA, KABUL CITY AND ITS PRECINCTS ARE EQUAL TO A PROVINCE AND WOLESWALIES, RESPECTIVELY. ARTICLE ONE HUNDRED AND THIRTY ONE: AFFAIRS RELATED TO THE CENTRAL AND LOCAL ADMINISTRATION AS WELL AS JOB SAFETY AND CONSTANCY AND OTHER ISSUES RELATED TO THE EMPLOYEES SHALL BE REGULATED BY LAW. CHAPTER TWELVE FOREIGN POLICY

ARTICLE ONE HUNDRED AND THIRTY TWO: THE FOREIGN POLICY OF THE REPUBLIC OF AFGHANISTAN RESTS ON ENSURING THE NATIONAL INTERESTS, CONSOLIDATION OF INDEPENDENCE AND NATIONAL SOVEREIGNTY, TERRITORIAL INTEGRITY OF THE COUNTRY, PRESERVATION OF WORLD PEACE AND SECURITY, PEACEFUL COEXISTENCE, EQUALITY OF RIGHTS AND ALL ROUND DEVELOPMENT OF INTERNATIONAL COOPERATION. ARTICLE ONE HUNDRED AND THIRTY THREE: THE REPUBLIC OF AFGHANISTAN RESPECTS AND OBSERVES THE UNITED NATIONS CHARTER, THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND OTHER ACCEPTED PRINCIPLES AND NORMS OF INTERNATIONAL LAW. ARTICLE ONE HUNDRED AND THIRTY FOUR: THE REPUBLIC OF AFGHANISTAN PURSUES THE POLICY OF NON ALIGNMENT AS A SIGNIFICANT PRINCIPLE OF THE STATE'S FOREIGN POLICY AND AS ONE OF THE FOUNDERS OF THE NON ALIGNED MOVEMENT STRIVES FOR ACHIEVING ITS OBJECTIVES. ARTICLE ONE HUNDRED AND THIRTY FIVE: THE REPUBLIC OF AFGHANISTAN IS IN FAVOUR OF ESTABLISHING AND CONSOLIDATION OF FRIENDLY RELATIONS WITH ALL COUNTRIES, PARTICULARLY THE NEIGHBOURING AND ISLAMIC ONES, IRRESPECTIVE OF THEIR SOCIO POLITICAL ECONOMIC SYSTEMS, BASED ON THE PRINCIPLES OF EQUALITY OF RIGHTS, MUTUAL RESPECT OF INDEPENDENCE, NATIONAL SOVEREIGNTY, TERRITORIAL INTEGRITY, NON INTERFERENCE IN EACH OTHER'S INTERNAL AFFAIRS, NON RESORT TO FORCE OR THREAT OF USE OF FORCE, DENUNCIATION OF ALL FORMS OF INTERFERENCE AND AGGRESSION AND SINCERE FULFILLMENT OF INTERNATIONAL COMMITMENTS IN ACCORDANCE WITH THE ACCEPTED PRINCIPLES AND NORMS OF INTERNATIONAL LAW. ARTICLE ONE HUNDRED AND THIRTY SIX: THE REPUBLIC OF AFGHANISTAN SUPPORTS THE STRUGGLE OF THE PEOPLES AND NATIONS FOR PEACE, NATIONAL INDEPENDENCE, DEMOCRACY, SOCIAL PROGRESS AND THE RIGHT OF NATIONS TO SELF DETERMINATION AND FIGHTS AGAINST COLONIALISM, NEOCOLONIALISM, IMPERIALISM, ZIONISM, RACISM AND APARTHEID AND FASCISM. ARTICLE ONE HUNDRED AND THIRTY SEVEN: THE REPUBLIC OF AFGHANISTAN SUPPORTS THE STRUGGLE FOR TOTAL DISARMAMENT, CESSATION OF ARMS RACE ON EARTH AND IN SPACE, NON PROLIFERATION AND ELIMINATION OF NUCLEAR AND CHEMICAL WEAPONS AND OTHER KINDS OF WEAPONS OF MASS DESTRUCTION, DISMANTLING OF AGGRESSIVE MILITARY BASES, RELAXATION OF INTERNATIONAL TENSIONS AND ESTABLISHMENT OF NEW AND JUST INTERNATIONAL ECONOMIC AND INFORMATION ORDER. ARTICLE ONE HUNDRED AND THIRTY EIGHT: WAR PROPAGANDA IS FORBIDDEN IN THE REPUBLIC OF AFGHANISTAN.

CHAPTER THIRTEEN MISCELLANEOUS PROVISIONS ARTICLE ONE HUNDRED AND THIRTY NINE: THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN HAS THE HIGHEST LEGAL CREDIBILITY. LAWS AND OTHER LEGISLATIVE DOCUMENTS SHALL BE IN CONFORMITY WITH IT. ARTICLE ONE HUNDRED AND FORTY: THE STATE AND ALL ITS ORGANS SHALL FUNCTION ON THE BASIS OF THIS CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN AND ENSURE LEGAL ORDER, INTERESTS OF THE SOCIETY, RIGHTS AND LEGAL INTERESTS OF THE CITIZENS. STATE COOPERATIVE, MIXED AND PRIVATE INSTITUTIONS, POLITICAL PARTIES, SOCIAL ORGANIZATION, AND OFFICIALS IN CHARGE AND CITIZENS ARE OBLIGED TO OBSERVE THE CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN. ARTICLE ONE HUNDRED AND FORTY ONE: AMENDMENTS TO THE CONSTITUTION SHALL BE MADE BY THE LOYA JIRGA. DECISION ON INTRODUCING AMENDMENTS TO THE CONSTITUTION SHALL BE ON THE PROPOSAL OF THE PRESIDENT OR PROPOSAL OF ONE THIRD AND APPROVAL OF TWO THIRD OF THE MEMBERS OF THE NATIONAL ASSEMBLY. IN THIS CASE, THE PRESIDENT CONVENES THE LOYA JIRGA. IF THE LOYA JIRGA FINDS THE PROPOSAL QUALIFIED, IT SHALL INTRODUCE THE AMENDMENTS IN THE CONSTITUTION, OTHERWISE, IT SHALL REJECT THE PROPOSAL. AMENDMENT OF THE CONSTITUTION IN A STATE OF EMERGENCY IS NOT ALLOWED. ARTICLE ONE HUNDRED AND FORTY TWO: SALARIES OF THE PRESIDENT, VICE PRESIDENTS. MEMBERS OF THE NATIONAL ASSEMBLY, PRIME MINISTER, DEPUTY PRIME MINISTERS, CABINET MINISTERS, CHIEF JUSTICE, VICE-PRESIDENTS AND MEMBERS OF THE SUPREME COURT, CHAIRMAN AND SECRETARY OF THE CONSTITUTION COUNCIL, ATTORNEY GENERAL AND DEPUTY ATTORNEY GENERALS SHALL BE FIXED BY LAW. ARTICLE ONE HUNDRED AND FORTY THREE: WHENEVER THE PRESERVATIONS OF THE INDEPENDENCE, NATIONAL SOVEREIGNTY, TERRITORIAL INTEGRITY AND INTERNAL SECURITY BECOME IMPOSSIBLE THROUGH CHANNELS PROVIDED FOR IN THE CONSTITUTION DUE TO WAR, DANGER OF WAR, TURMOIL OR SIMILAR CONDITIONS, STATE OF EMERGENCY MAY BE PROCLAIMED BY THE PRESIDENT IN CONSULTATION WITH THE CHAIRMEN OF THE CHAMBERS OF THE NATIONAL ASSEMBLY, PRIME MINISTER, CHIEF JUSTICE AND CHAIRMAN OF THE CONSTITUTIONAL COUNCIL. IF A STATE OF EMERGENCY SHALL LAST MORE THAN

THREE MONTHS, THE CONSENT OF THE LOYA JIRGA IS A CONDITION FOR ITS EXTENSION. ARTICLE ONE HUNDRED AND FORTY FOUR: THE PRESIDENT SHALL HAVE THE FOLLOWING POWERS IN A STATE OF EMERGENCY. 1) EXTENSION OF THE TENURE OF THE NATIONAL ASSEMBLY. 2) DELEGATION OF POWERS OF THE NATIONAL ASSEMBLY IN PART TO THE COUNCIL OF MINISTERS. 3) DELEGATION OF MILITARY COURTS. POWERS OF COURTS IN PART TO SPECIAL COURTS AND

4) SUSPENSION AND OR LIMITATION OF ARTICLES 30, 44, 45, 46, 49 AND 50 AND THE LAST ITEM OF ARTICLE 51 AND ARTICLES 53 AND 60 OF THE CONSTITUTION. 5) EXERCISE OF OTHER POWERS IN ACCORDANCE WITH THE LAW. ARTICLE ONE HUNDRED AND FORTY FIVE INTERNATIONAL TREATIES PREVIOUSLY ENTERED INTO BY THE REPUBLIC OF AFGHANISTAN AND CONVENTIONS JOINED BY IT, IF FOUND REPUGNANT TO THE PROVISIONS OF THE LAWS OF THE REPUBLIC OF AFGHANISTAN, SHALL HAVE ASCENDANCY. ARTICLE ONE HUNDRED AND FORTY SIX: INVESTIGATION INTO THE ALLEGATIONS LEVELED AGAINST THE PRESIDENT, VICE PRESIDENTS, MEMBERS OF THE ADMINISTRATIVE BODIES OF TWO HOUSES OF NATIONAL ASSEMBLY, PRIME MINISTER, DEPUTY PRIME MINISTERS, MEMBERS OF THE COUNCIL OF MINISTERS, CHIEF JUSTICES, VICE PRESIDENTS AND MEMBERS OF THE SUPREME COURT, ATTORNEY GENERAL AND HIS DEPUTIES AND THE CHAIRMAN OF THE CONSTITUTIONAL COUNCIL AND PROCEDURES FOR THEIR TRIAL SHALL BE REGULATED BY A SPECIAL LAW. ARTICLE ONE HUNDRED AND FORTY SEVEN: IN THE REPUBLIC OF AFGHANISTAN THOSE WHO THEMSELVES OR THEIR WIVES OR HUSBANDS ARE NOT FROM AFGHAN PARENTS, CANNOT BE APPOINTED AS VICE PRESIDENT, PRIME MINISTER, DEPUTY PRIME MINISTER, MINISTER, CHIEF JUSTICE, ATTORNEY GENERAL, HIGH RANKING OFFICER (IN ACCORDANCE WITH THE LAW) AND DIPLOMATIC CIVIL SERVANT. ARTICLE ONE HUNDRED AND FORTY EIGHT: ON THE ENACTMENT OF THIS CONSTITUTION, THE FUNDAMENTAL PRINCIPLES OF THE DEMOCRATIC REPUBLIC OF AFGHANISTAN SHALL BE ABROGATED. THE LAWS AND OTHER LEGISLATIVE DOCUMENTS ADOPTED PRIOR TO THE ENACTMENT OF THIS CONSTITUTION SHALL REMAIN VALID, PROVIDED THEY ARE NOT REPUGNANT TO THE PROVISIONS OF THIS CONSTITUTION.

ARTICLE ONE HUNDRED AND FORTY NINE: THIS CONSTITUTION SHALL COME INTO FORCE FROM THE DATE OF ITS ENDORSEMENT BY THE LOYA JIRGA AND IS PROCLAIMED AFTER THE PRESIDENT'S SIGNATURE. THE AMENDMENT IN THIS CONSTITUTION IS ENFORCED FROM THE DATE OF ITS ENDORSEMENT BY THE LOYA JIRGA AND IS PROCLAIMED AFTER THE PRESIDENT'S SIGNATURE.

A Brief History of Afghanistan: By Adam Ritscher The story of Afghanistan is in so many ways a very tragic one. Afghanistan is one of the most impoverished nations of the world. It is one of the most war-torn, most ravaged, and most beleaguered of nations. It is a nation that has been beset by invasion, external pressure and internal upheaval since before the time of Alexander the Great. Its people are a people who have endured more than most of us can ever imagine. In fact, for many Afghanis, all that has changed in the last one thousand years are the weapons which have been used against so many of them. It is therefore with great sadness and respect that I tell the story of Afghanistan. First of all, who are the Afghanis? Afghanistan has historically been the link between Central Asia, the Middle East and the Indian subcontinent. It is therefore a nation made up of many different nationalities – the result of innumerable invasions and migrations. Within its current borders there are at least a dozen major ethnic groups – Baluch, Chahar Aimak, Turkmen, Hazara, Pashtun, Tajik, Uzbek, Nuristani, Arab, Kirghiz, Pashai and Persian. Historically the Pashtun nationality has been the most dominant. The term Afghan, for example, generally is viewed by other peoples in the country to refer to the Pashtuns. The royal families of the country were Pashtun, and today the Pashtun represent about 50% of the total population. Tajiks come in second with 25%, and the rest make up considerably smaller percentages. Within the country there are tiny Hindu, Sikh and Jewish communities, but the vast majority of this people are Muslims – and in fact many ethnic groups consider Islam to be one of the defining aspects of their ethnic identity. This is true of the Pashtun for example. Islam was brought to Afghanistan during the eight and ninth century by the Arabs. Prior to that the nation had been ruled by various Persian, Greek, Sassasian and Central Asian empires. Following a subsequent break down in Arab rule, semi-independent states began to form. These local dynasties and states however were overwhelmed and crushed during the Mongolian invasions of the 1200s – conquerors who were to remain in control of part or all of the country until the 1500s, despite much resistance and internal strife. Following the collapse of Mongol rule, Afghanistan found itself in a situation much like what has continued into modern times – caught between the vice of two great powers. During this time it was the Mughals of northern India and the Safavids of Iran that fought over the mountains and valleys of Afghanistan. Armies marched to and fro devastating the land and murdering the people, laying siege to city after city, and destroying whatever had been left by the invading army that preceded it. It was not until 1747 that Afghanistan was able to free itself. This was the year that Nadir Shah, an empire builder from Iran, died and left a vacuum in central Asia that a former Afghan bodyguard, named Ahmed Shah, was able to fill. Ahmad was a Pashtun, and his Pashtun clan was to rule Afghanistan, in one form or another, for the next 200 years. Ahmad was able to unify the different Afghan tribes, and went on to conquer considerable parts of what are today eastern Iran, Pakistan, northern India and Uzbekistan. His successors though proved unable to hold his vast empire together, and within 50 years much of it had been seized by rival regional powers. Within the country there were numerous bloody civil wars for the throne, and for many Afghanis it meant little that their lives were now being uprooted and destroyed by ethnic kin, as opposed to

foreign invaders. Beginning in the 1800s Afghanistan’s internal affairs became dramatically aggravated by the increasing intervention by two new imperialist powers – the British Empire and Czarist Russia. The British were expanding and consolidating their colonial holdings on the India sub-continent, and were looking at the Hindu Kush mountains of Afghanistan as a natural barrier to prevent invasion by rival imperialists. The Russians, for their part, were expanding south and east, swallowing up several formerly independent sultanates and emirates in Central Asia. The two great powers essentially engaged in a race for Afghanistan, and their fiendish seizures of land, overthrow of indigenous nations and reckless interference into the affairs of the remaining independent states in the region became known as “the Great Game.” Imperialists often give such trivial, and even humorous, sounding names to their interventionist schemes, but don’t be fooled into thinking that the peoples of the region experienced the consequences of these actions in a manner that they in any way would have interpreted as a game. For them the consequences were devastating. The arrival of European imperialism into the region simply accelerated, and made more devastating, the wars, poverty and material destruction that had already wracked the region. During this time, on two separate occasions, British armies from India outright invaded Afghanistan in attempts to install puppet governments amenable to British economic interests, and that would oppose the economic interests of Czarist Russia. The first, which became known as the First Anglo-Afghan War, took place in 1838. Outraged by the presence of a single Russian diplomat in Kabul, the British demanded that Afghanistan shun any contact with Russia or Iran, and that it hand over vast tracts of Pashtun inhabited land to British India (regions that are today party of Pakistan). Dost Mohammad, the Afghan ruler, agreed to these humiliating demands, but the British still invaded the country. The British seized most of the major cities in Afghanistan with little resistance, but their heavy handed rule soon resulted in a popular uprising by the people which resulted in the massacre of the entire British army of 15,000, save one. British outrage over the uninvited arrival of a Russian diplomatic envoy in Kabul in 1878 resulted in the Second Anglo-Afghan War. Again the British were able to occupy all of the major cities, but unlike the last time, the British got wind of an impending rebellion against their occupation, and brutally crushed it in a pre-emptive move. They did subsequently withdraw, but not before they set up a puppet ruler and forced the country to hand over control of its foreign affairs to Britain. Afghanistan would remain a British protectorate until 1919. Then, following the Bolshevik Revolution of 1917 and the wave of popular rebellions that rippled through Asia subsequently, the then king of Afghanistan, Amanullah, declared his country’s full independence by singing a treaty of aid and friendship with Lenin, and declaring war on Britain. After a brief period of border skirmishes, and the bombing of Kabul by the Royal Air Force, Britain conceded Afghanistan’s independence. Stung by this turn of events though, Britain conspired with conservative religious and land owning elements with the country who were unhappy with Amanullah’s attempts to secularize and reform the

country. The outbreak of an uprising and civil war forced him to abdicate in 1929. Different warlords contended for power until a new king, Muhammad Nadir Shah took power. He was assassinated four years later by the son of a state execution victim, and was succeeded by Muhammad Zahir Shah, who was to be Afghanistan’s last king, and who would rule for the next 40 years. Zahir Shah’s rule, like the kings before him, was one of almost total autocratic power. The word of the king was the word of law. And while advisory councils and assemblies were sometimes called to advise the king, these bodies had no power, and in no way represented the people of Afghanistan. These bodies were made up of the country’s tribal elders – a nice sounding term that in reality referred to the brutal land owners and patriarchs. And while some history books refer to this time of Afghanistan’s history as one where attempts were made to “modernize” the country – all this really meant was newer rifles for the army, the purchase a few airplanes for a token air force, the creation of a tiny airline to shuttle the ruling elite around, and some telegraph wires to allow the king to collect this taxes more promptly. Under his rule political parties were outlawed, and students were shot and killed when they protested. In 1973, the king was overthrown and a republic was declared. But this in reality represented very little. For the king had simply been overthrown by a prominent member of his own family, Daoud, who decided to title himself president instead of king. Under Daoud a certain liberalization took place, meaning that some of the most draconian realities of the monarchy were rolled back, but by and large whatever hopes and expectations arose among the people – little was done to satisfy them. Daoud had seized power with the help of an underground party named the Peoples Democratic Party of Afghanistan – a pro-Moscow communist party. The PDPA had aided and collaborated with Daoud in exchange for government posts. Once he had consolidated power though and felt he no longer needed these controversial allies, he ditched them, and ordered a crack down upon the party. In 1978 the PDPA seized power from Daoud in a military coup. After seizing power they began a series of limited reforms, such as declaring, more or less, a secular state, and that women were deserving of equal treatment of men. They sought to curtail the practice of purchasing brides, and tried to implement a land reform program. They quickly met with fierce opposition from many sections of the deeply religious population though. The PDPA’s response to this was very heavy-handed, aggravating the situation. Soon several rural areas rose in open armed rebellion against the new government. At the same time, the party’s long history of factionalism came to a bloody head as the more radical wing of the party sought to wipe out the more moderate leaning wing. Immediately following the PDPA coup, the Soviet Union took an active interest in the socalled socialist revolution unfolding in its backyard. Dismayed by the clumsiness of the radical faction of the PDPA, the Soviet Union invaded in 1979 and handed power over a man named Karmal, who was the leader of the more moderate faction of the PDPA.

Though perhaps this was not the Soviets original intent, once inside Afghanistan, they found themselves forced to commit more and more troops and material to prop up the unpopular PDPA government. Several Islamic fundamentalist groups sprang up and began waging guerilla warfare, many of them operating from camps set up by the CIA and Pakistani Intelligence within Pakistan, from which they could strike into Afghanistan, and then beat a hasty retreat over a guarded border. For its part, the United States government initially paid little attention to the PDPA coup in Afghanistan; its attention was instead focused to the west, where a popular revolution has overthrown their most valuable Middle East ally, the brutal and autocratic Shah of Iran. This changed of course once the Soviet Union sent troops into Afghanistan. At that point the United States took an active interest in the Islamic fundamentalists waging war on the PDPA and the Soviets. The CIA began providing military training to the Mujahadeen – the name the Islamic guerillas came to be called. They provided what in the end amounted to billions of dollars worth of weapons, including sophisticated antiaircraft and anti-tank missiles that allowed the guerillas to take out modern Soviet tanks and jet planes. After offensive after offensive, year after year, gradually the Soviet military became discouraged. They were able to occupy and hold all of the major cities, just at the British imperialists had been able to the century before, but they were unable to subjugate the countryside. Soviet causalities began to mount dramatically, and with the CIA’s providing the Mujahadeen with Stinger missiles, even their control of the air was becoming a costly affair. At the same time the CIA kept increasing and updating the Mujahadeen’s supply of weaponry, the Saudis and Persian Gulf Emirates contributed billions of dollars to their coffers, and thousands of Arabs responded to the Mujahadeen’s call for jihad, or holy war, against the secular Soviets – including the wealthy Saudi playboy, Osama bin Laden – who quickly became one of the CIA’s most important operatives in its proxy war against communism. In 1989 the Soviets withdrew, leaving the PDPA government to fend for itself. The CIA soon lost interest in its mercenary forces now that they had accomplished their mission of bleeding the Soviets white. The misc. Mujahadeen factions began fighting as much with themselves as with the PDPA forces, resulting in increased suffering and bloodshed. It wasn’t until 1992 that Mujahadeen fighters were able to topple the remnants of the PDPA government – ending the Stalinists attempts to bring revolution to the people of Afghanistan at the point of a gun. Different Mujahadeen warlords occupied different cities and regions of the country. Burhanuddin Rabbani, the same Northern Alliance warlord who recently took Kabul from the Taliban, was the warlord who ruled over the city from 1992 until his ouster in 1996. During his reign over 60,000 people were murdered and thousands of women were raped. Current Northern Alliance warlord Rashid Dostum who is in control of the city of Mazar –E – Sharif, also ruled over it from 1992 until his ouster in 1997. Similarly the warlord Ismail Khan again rules the city of Heart, which he also ruled from 1992 to 1995; and warlord Yunis Khalis is back in control of Jalabad, which he ruled from 1992 to 1996. The collapse of the PDPA government did not mark the end of Afghanistan’s civil war.

The Mujahadeen warlords continued to bring death and destruction upon the country as they fought over the spoils, and sought to enlarge their new fiefdoms at the expense of their neighboring rivals. While the CIA, after having done such a fine job of instigating unrest and warfare in the 1980s, could care less about the aftermath, Pakistani Intelligence forces maintained their interest. Seeking to end the civil war which threatened the stability of their own country – itself a prison house of many nationalities – Pakistani Intelligence aided in the creation of a new Islamic fundamentalist movement, the Taliban. The Taliban was born in the Islamic schools that had sprung up inside the Afghan refugee camps inside Pakistan. Its leadership and the bulk of its initial ranks, were made up of young religious students, primarily Pashtuns, motivated by the zeal of religion and the belief that they were ordained to bring stability and the ways of Allah back to their war torn land. They railed against the corruption, greed and factionalism of the contending Mujahadeen factions inside Afghanistan, and when they mounted a military push to conquer the country, they were initially well received by certain sections of the weary population. Their ranks were filled by rank and file Mujahadeen fighters and young idealists from inside the country, and city-by-city they were able to occupy most of the country. In 1996 they captured the capital city of Kabul, and had forced most of the remaining warlords into a small pocket in the far north of the country. These warlords subsequently formed a defensive alliance termed the Northern Alliance. By the time of the start of the current war, Taliban offensives had reduced their enclave to a mere 10% of the country. Once in power the Taliban sought to create a theocratic state based on their interpretations of the Koran. Though already severely repressed by the various Mujahadeen warlords, the plight of Afghanistan’s women was made even worse under the new regime. The veil became the law of the land, and women were forbidden from attending school or holding employment outside of the home. Television was banned and an effort was made to purge the country of any signs or remnants of secular or Western influence. The country became politically and diplomatically isolated. Then came the current war. Following the September 11 World Trade Center bombings the United States accused Osama Bin Laden of the crime. Bin Laden, who had left Afghanistan following the defeat of the Soviets, had returned after falling out of favor in Saudi Arabia, and being pressured to leave his first nation of refuge, the Sudan. The U.S. government demanded that the Taliban hand over Bin Laden. The Taliban’s response was to demand proof of Bin Laden’s guilt, and after receiving none, they refused to hand him over. Within a few weeks the United States began bombing the impoverished country, as well as providing active support to the Northern Alliance warlords. Following weeks of devastating bombing, and several failed offensives, the Northern Alliance succeeded in breaking out of its northern enclave, seizing the city of Mazar – E – Sharif, and then moving on to take Kabul. This set in motion a series of defeats for the Taliban, which began surrendering and abandoning almost every major city in the country, and retreating into the mountains. The U.S. meanwhile has continued its bombing campaign, and now has Marines on the ground hunting for Bin Laden. All the while the people of Afghanistan continue to suffer. The United Nations, hardly a radical source of information, has estimated that up to 8 million Afghanis may starve this winter due to a shortage of food, made all the more severe by the intentional U.S. disruption of humanitarian aid, and bombing of Red Cross and other humanitarian aid facilities inside the country. At least hundreds, and more likely thousands, have been

killed by U.S. bombs, and many more are dieing as the Northern Alliance and Taliban warlords fight it out. Hundreds of thousands of land mines and unexploded cluster bombs lay scattered across the nation’s landscape. And there is no end in sight to the misery. It’s hard to say how much longer the Taliban will continue to fight, or when the U.S. will end its war. Afghanistan’s future, like its past, looks very dark indeed. Currently Northern Alliance warlords, southern Pashtun warlords, opportunistic émigré politicians, and even supporters of the aging deposed autocrat King Zahir Shah, are arguing about who will be the exploiter-in-chief of the devastated land. Most likely they will come up with some sort of coalition government – that will perhaps hold the different factions together, perhaps not. In the end it matters little, since none of the figures involved represent the people of this country, and none of them seem to have ever had their interests at heart. What is the solution for Afghanistan? What will end the suffering of its people? The most immediate thing would be for the United States government to end its bombing, withdraw its troops, and respect the Afghan peoples right to self-determination. And while this alone would not end all of the bloodshed and the fighting, it would create a situation where the workers and farmers of Afghanistan would be more able to cast off the warlords and petty feudal tyrants, take control of their destinies, and create a society that is based upon cooperation and solidarity. Towards that end let us redouble our efforts to stop the U.S. bombing, to stop the U.S. war on the people of Afghanistan!

Introduction to the Ministry of Justice
The Ministry of Justice of the Islamic Republic of Afghanistan is in charge of a wide range of the country’s legal affairs, and it works closely with other government ministries, institutions and agencies to ensure that the rule of law in Afghanistan is upheld. It serves as the central liaison between the individual cabinet ministries and the President’s Office and Council of Ministers with respect to many legal-related issues. The Ministry strives to achieve justice for all in the country by building fairer, more credible and more effective justice and legal systems in which social, economic and political affairs and people’s interactions are governed by the rule of law. It helps shape the justice and legal environments in Afghanistan by providing strategic advice to the government on reforms and policies needed to strengthen the rule of law. According to the Ministry’s operating procedures, among its main duties are the following:

1. Drafting and/or reviewing draft laws, presidential decrees and other legal
documents;

2. Providing comments as to whether international treaties and conventions, as
well as foreign commercial agreements to which Afghanistan is a party, are consistent with the country’s official laws, and making recommendations for any needed amendments that might remove identified inconsistencies;

3. Seeking the input of cabinet ministries and other government institutions and

agencies with respect to draft laws and regulations and inviting experts from the line ministries, other government institutions and agencies, academic institutions and other entities to participate in the law drafting and review process;

4. Advising cabinet ministries and other government institutions and agencies on
legal affairs;

5. Cooperating with cabinet ministries and other government institutions and
agencies on issues regarding their related activities and convening meetings to discuss any common issues;

6. Defending the financial and other material interests of the government and if necessary, filing petitions against debtors of the government, as well as defending the interests of national government organizations in suits brought before the courts;

7. Upholding property rights, labor rights, family rights and other civil
rights of the country’s citizens when official complaints are made, and when necessary, taking measures to implement court decisions with respect to civil disputes arising between or among government agencies and institutions, joint private/government entities, and private citizens;

8. Adopting measures to improve the activities of the defense attorneys; 9. Supporting the education and rehabilitation of children who have
violated the law through the operation of juvenile education and rehabilitation centers; announcements of Afghanistan (which require public notification), laws, Parliamentary approvals and certain other documents of a legal nature, legislative decrees, regulations, charters of state-owned enterprises, those approvals of the Council of Ministers of a legal nature, certain contracts, agreements and international conventions that are signed by Afghanistan (and the decrees approving them), legal documents that the Supreme Court has jurisdiction to approve and any other legal documents required by the law to be published, as well commercial trademarks and some other commercial announcements;

10. Publishing the Official Gazette. The Official Gazette includes official

11. Reviewing charters of political parties and social organizations,
registering and providing licenses to them, and announcing the date on which their activities may officially begin; and and certain other official detention centers. The Ministry is divided into the following ten departments (click on the name of each for individual department descriptions):
• • • • • • • • • •

12. Managing and operating all of Afghanistan’s affairs related to prisons

Administration (Umomi-idari) Government Cases (Qazawya-dawlat) Inspections (Taftish) Juvenile Justice (Markawzi-islah-watebe-ya-i-atfal) Law Drafting and Review (Taqnin) Office of the Minister (Daftar Muqam) Political Parties and Social Organizations (Insijam) Publications (Nashawrat) Prisons (Umomi-mahawbis) Rights (Hoquq)

The Ministry of Justice employs over 8,500 people throughout the country, including approximately 425 in its Kabul headquarters. It is currently in the process of restructuring its

organization and streamlining operations through the government’s “Priority Restructuring and Reform” Program (click here for a description of that program).

WELCOME TO THE WEBSITE OF THE MINISTRY OF FOREIGN AFFAIRS OF AFGHANISTAN We are happy to provide information and guidance on a variety of topics of interest to travelers, businessmen, official and private applicants, researchers and others through this Afghan Government site. We strive to keep this site up-to-date with relevant information that could be of use to our users. This site will also provide foreign policy statements and positions of the Afghan Government on international as well as national issues. We welcome any suggestions or feedback on any topic of interest to improve our services.

Statements and Press Releases

Tripartite Commission 15th Meeting (Press Release February 26, 2006) Afghanistan Compact for Next Five Years Finalized (Press Release January 23, 2006) The Tripartite Commission held its 14th meeting in Kabul (Press Release December 15, 2005) The IRA will hold First Conference on Regional Economic Cooperation (Press Release December 1, 2005) Joint Press Statement on International Conference in London (Press Release November 27, 2005) The Ministry of Foreign Affairs Strongly Condemns the Terrorist Attacks in Jordan (Press Release November 10, 2005) The IRA Strongly Condemns the Terrorist Attacks in India and Expresses Deep Sorrow over the High Number of Casualties (Press Release October 30, 2005) The Tripartite Commission held its 13th Meeting in Islamabad (Press Release October 4, 2005) H.E. Manmohan Singh, the Prime Minister of India Will Visit Afghanistan (Press Release August 27, 2005) Tripartite Commission 12th Meeting (Press Release August 24, 2005) The 11th Tripartite Commission Meeting held in the Ministry of Foreign Affairs (Press Release June 29, 2005) The Ministry of Foreign Affairs reaction to the statements of the Russian Foreign Minister (Press Release June 25, 2005) First Trilateral Meeting between Afghanistan, Iran and United Kingdom (Press Release May 8, 2005) Tripartite Commission 10th Meeting (Press Release April 18, 2005) Opening Address By His Excellency Hamid Karzai President of the IRA at ADF (Statement April 4, 2005)

About the Ministry » Minister Message Message from Minister Amirzai Sangin More serious is the damage to human capacity and knowledge due to the fact that two generations missed to get education and most of the previously educated class have migrated or have become too old. We are now laying the foundation of new Afghanistan. Given the fact that the expectations of our people are very high, the task in front of us is huge. It is very important that we set for ourselves realistic short, medium and long-term goals and form right policies and strategies to ensure rapid rehabilitation, reconstruction and development of our country. Our Government recognizes the fact that telecommunications is central to our overall reconstruction efforts. In a country with vast geography, separation of different parts of the country through chains of mountains and valleys in addition to large scale migration and disconnection of families, relatives and friends from each other, an effective Information and Communications Technology (ICT) sector will stimulate economic growth, facilitate social and business interaction, and help restore the traditional sense of community and common purpose that unites the Afghan people. At the beginning of the new era, there were no telecommunications and Internet in our country. Our people had to travel to some neighboring country to make and receive phone calls. Today, more than 3% of our people have mobile and fixed telephones and Internet is widely available and is being used across the country. In line with the President’s vision of Afghanistan achieving USD 500-700 per capita income in next five years, it is my goal that telephone penetration shall reach 20%, 10% of the population shall have access to Internet and more than 5000 villages and small towns shall have voice and Internet telecenters with over 50,000 people working within the telecom sector. Achievement of these goals requires over USD 2 billions of investment and we will take aggressive action to create a market environment that encourages private investment. Three years ago, Afghanistan was the last country as per the Human Development Index of the UN. This year, Afghanistan has climbed to 5th position from the end. I sincerely hope that by the end of the mandate period of the present Government, Afghanistan climbs to a more dignified position reflecting an improved quality of life for our people and also an indication of the success of this Government.

Government - Afghan Bonn Agreement
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AGREEMENT ON PROVISIONAL ARRANGEMENTS IN AFGHANISTAN PENDING THE RE-ESTABLISHMENT OF PERMANENT GOVERNMENT INSTITUTIONS

The participants in the UN Talks on Afghanistan, In the presence of the Special Representative of the Secretary-General for Afghanistan, Determined to end the tragic conflict in Afghanistan and promote national reconciliation, lasting peace, stability and respect for human rights in the country, Reaffirming the independence, national sovereignty and territorial integrity of Afghanistan, Acknowledging the right of the people of Afghanistan to freely determine their own political future in accordance with the principles of Islam, democracy, pluralism and social justice, Expressing their appreciation to the Afghan mujahidin who, over the years, have defended the independence, territorial integrity and national unity of the country and have played a major role in the struggle against terrorism and oppression, and whose sacrifice has now made them both heroes of jihad and champions of peace, stability and reconstruction of their beloved homeland, Afghanistan, Aware that the unstable situation in Afghanistan requires the implementation of emergency interim arrangements and expressing their deep appreciation to His Excellency Professor Burhanuddin Rabbani for his readiness to transfer power to an interim authority which is to be established pursuant to this agreement, Recognizing the need to ensure broad representation in these interim arrangements of all segments of the Afghan population, including groups that have not been adequately represented at the UN Talks on Afghanistan,

Noting that these interim arrangements are intended as a first step toward the establishment of a broad-based, gender-sensitive, multi-ethnic and fully representative government, and are not intended to remain in place beyond the specified period of time, Recognizing that some time may be required for a new Afghan security force to be fully constituted and functional and that therefore other security provisions detailed in Annex I to this agreement must meanwhile be put in place, Considering that the United Nations, as the internationally recognized impartial institution, has a particularly important role to play, detailed in Annex II to this agreement, in the period prior to the establishment of permanent institutions in Afghanistan, Have agreed as follows:

THE INTERIM AUTHORITY I. General provisions 1) An Interim Authority shall be established upon the official transfer of power on 22 December 2001.

2) The Interim Authority shall consist of an Interim Administration presided over by a Chairman, a Special Independent Commission for the Convening of the Emergency Loya Jirga, and a Supreme Court of Afghanistan, as well as such other courts as may be established by the Interim Administration. The composition, functions and governing procedures for the Interim Administration and the Special Independent Commission are set forth in this agreement. 3) Upon the official transfer of power, the Interim Authority shall be the repository of Afghan sovereignty, with immediate effect. As such, it shall, throughout the interim period, represent Afghanistan in its external relations and shall occupy the seat of Afghanistan at the United Nations and in its specialized agencies, as well as in other international institutions and conferences. 4) An Emergency Loya Jirga shall be convened within six months of the establishment of the Interim Authority. The Emergency Loya Jirga will be opened by His Majesty Mohammed Zaher, the former King of Afghanistan. The Emergency Loya Jirga shall decide on a Transitional Authority, including a broad-based transitional administration, to lead Afghanistan until such time as a fully representative government can be elected through free and fair elections to be held no later than two years from the date of the convening of the Emergency Loya Jirga. 5) The Interim Authority shall cease to exist once the Transitional Authority has been established by the Emergency Loya Jirga. 6) A Constitutional Loya Jirga shall be convened within eighteen months of the establishment of the Transitional Authority, in order to adopt a new constitution for Afghanistan. In order to assist the Constitutional Loya Jirga prepare the proposed Constitution, the Transitional Administration shall, within two months of its commencement and with the assistance of the United Nations, establish a Constitutional Commission.

II. Legal framework and judicial system 1) The following legal framework shall be applicable on an interim basis until the adoption of the new Constitution referred to above:

i) The Constitution of 1964, a/ to the extent that its provisions are not inconsistent with those contained in this agreement, and b/ with the exception of those provisions relating to the monarchy and to the executive and legislative bodies provided in the Constitution; and ii) existing laws and regulations, to the extent that they are not inconsistent with this agreement or with international legal obligations to which Afghanistan is a party, or with those applicable provisions contained in the Constitution of 1964, provided that the Interim Authority shall have the power to repeal or amend those laws and regulations. 2) The judicial power of Afghanistan shall be independent and shall be vested in a Supreme Court of Afghanistan, and such other courts as may be established by the Interim Administration. The Interim Administration shall establish, with the assistance of the United Nations, a Judicial Commission to rebuild the domestic justice system in accordance with Islamic principles, international standards, the rule of law and Afghan legal traditions.

III. Interim Administration A. Composition 1) The Interim Administration shall be composed of a Chairman, five Vice Chairmen and 24 other members. Each member, except the Chairman, may head a department of the Interim Administration. 2) The participants in the UN Talks on Afghanistan have invited His Majesty Mohammed Zaher, the former King of Afghanistan, to chair the Interim Administration. His Majesty has indicated that he would prefer that a suitable candidate acceptable to the participants be selected as the Chair of the Interim Administration. 3) The Chairman, the Vice Chairmen and other members of the Interim Administration have been selected by the participants in the UN Talks on Afghanistan, as listed in Annex IV to this agreement. The selection has been made on the basis of professional competence and personal integrity from lists submitted by the participants in the UN Talks, with due regard to the ethnic, geographic and religious composition of Afghanistan and to the importance of the participation of women. 4) No person serving as a member of the Interim Administration may simultaneously hold membership of the Special Independent Commission for the Convening of the Emergency Loya Jirga. B. Procedures 1) The Chairman of the Interim Administration, or in his/her absence one of the Vice Chairmen, shall call and chair meetings and propose the agenda for these meetings. 2) The Interim Administration shall endeavour to reach its decisions by consensus. In order for any decision to be taken, at least 22 members must be in attendance. If a vote becomes necessary, decisions shall be taken by a majority of the members present and voting, unless otherwise stipulated in this agreement. The Chairman shall cast the deciding vote in the event that the members are divided equally.

C. Functions 1) The Interim Administration shall be entrusted with the day-to-day conduct of the affairs of state, and shall have the right to issue decrees for the peace, order and good government of Afghanistan. 2) The Chairman of the Interim Administration or, in his/her absence, one of the Vice Chairmen, shall represent the Interim Administration as appropriate. 3) Those members responsible for the administration of individual departments shall also be responsible for implementing the policies of the Interim Administration within their areas of responsibility.

4) Upon the official transfer of power, the Interim Administration shall have full jurisdiction over the printing and delivery of the national currency and special drawing rights from international financial institutions. The Interim Administration shall establish, with the assistance of the United Nations, a Central Bank of Afghanistan that will regulate the money supply of the country through transparent and accountable procedures. 5) The Interim Administration shall establish, with the assistance of the United Nations, an independent Civil Service

Commission to provide the Interim Authority and the future Transitional Authority with shortlists of candidates for key posts in the administrative departments, as well as those of governors and uluswals, in order to ensure their competence and integrity. 6) The Interim Administration shall, with the assistance of the United Nations, establish an independent Human Rights Commission, whose responsibilities will include human rights monitoring, investigation of violations of human rights, and development of domestic human rights institutions. The Interim Administration may, with the assistance of the United Nations, also establish any other commissions to review matters not covered in this agreement. 7) The members of the Interim Administration shall abide by a Code of Conduct elaborated in accordance with international standards. 8) Failure by a member of the Interim Administration to abide by the provisions of the Code of Conduct shall lead to his/her suspension from that body. The decision to suspend a member shall be taken by a two-thirds majority of the membership of the Interim Administration on the proposal of its Chairman or any of its Vice Chairmen. 9) The functions and powers of members of the Interim Administration will be further elaborated, as appropriate, with the assistance of the United Nations.

IV. The Special Independent Commission for the Convening of the Emergency Loya Jirga 1) The Special Independent Commission for the Convening of the Emergency Loya Jirga shall be established within one month of the establishment of the Interim Authority. The Special Independent Commission will consist of twentyone members, a number of whom should have expertise in constitutional or customary law. The members will be selected from lists of candidates submitted by participants in the UN Talks on Afghanistan as well as Afghan professional and civil society groups. The United Nations will assist with the establishment and functioning of the commission and of a substantial secretariat. 2) The Special Independent Commission will have the final authority for determining the procedures for and the number of people who will participate in the Emergency Loya Jirga. The Special Independent Commission will draft rules and procedures specifying (i) criteria for allocation of seats to the settled and nomadic population residing in the country; (ii) criteria for allocation of seats to the Afghan refugees living in Iran, Pakistan, and elsewhere, and Afghans from the diaspora; (iii) criteria for inclusion of civil society organizations and prominent individuals, including Islamic scholars, intellectuals, and traders, both within the country and in the diaspora. The Special Independent Commission will ensure that due attention is paid to the representation in the Emergency Loya Jirga of a significant number of women as well as all other segments of the Afghan population.

3) The Special Independent Commission will publish and disseminate the rules and procedures for the convening of the Emergency Loya Jirga at least ten weeks before the Emergency Loya Jirga convenes, together with the date for its commencement and its suggested location and duration. 4) The Special Independent Commission will adopt and implement procedures for monitoring the process of nomination of individuals to the Emergency Loya Jirga to ensure that the process of indirect election or selection is transparent and fair. To pre-empt conflict over nominations, the Special Independent Commission will specify mechanisms for filing of grievances and rules for arbitration of disputes. 5) The Emergency Loya Jirga will elect a Head of the State for the Transitional Administration and will approve proposals for the structure and key personnel of the Transitional Administration.

V. Final provisions 1) Upon the official transfer of power, all mujahidin, Afghan armed forces and armed groups in the country shall come under the command and control of the Interim Authority, and be reorganized according to the requirements of the new Afghan security and armed forces. 2) The Interim Authority and the Emergency Loya Jirga shall act in accordance with basic principles and provisions contained in international instruments on human rights and international humanitarian law to which Afghanistan is a party. 3) The Interim Authority shall cooperate with the international community in the fight against terrorism, drugs and organized crime. It shall commit itself to respect international law and maintain peaceful and friendly relations with neighbouring countries and the rest of the international community.

4) The Interim Authority and the Special Independent Commission for the Convening of the Emergency Loya Jirga will ensure the participation of women as well as the equitable representation of all ethnic and religious communities in the Interim Administration and the Emergency Loya Jirga. 5) All actions taken by the Interim Authority shall be consistent with Security Council resolution 1378 (14 November 2001) and other relevant Security Council resolutions relating to Afghanistan. 6) Rules of procedure for the organs established under the Interim Authority will be elaborated as appropriate with the assistance of the United Nations. This agreement, of which the annexes constitute an integral part, done in Bonn on this 5th day of December 2001 in the English language, shall be the authentic text, in a single copy which shall remain deposited in the archives of the United Nations. Official texts shall be provided in Dari and Pashto, and such other languages as the Special Representative of the Secretary-General may designate. The Special Representative of the Secretary-General shall send certified copies in English, Dari and Pashto to each of the participants. For the participants in the UN Talks on Afghanistan: Ms. Amena Afzali Mr. S. Hussain Anwari Mr. Hedayat Amin Arsala Mr. Sayed Hamed Gailani Mr. Rahmatullah Musa Ghazi Eng. Abdul Hakim Mr. Houmayoun Jareer Mr. Abbas Karimi Mr. Mustafa Kazimi

Dr. Azizullah Ludin Mr. Ahmad Wali Massoud Mr. Hafizullah Asif Mohseni Prof. Mohammad Ishaq Nadiri Mr. Mohammad Natiqi Mr. Yunus Qanooni Dr. Zalmai Rassoul Mr. H. Mirwais Sadeq Dr. Mohammad Jalil Shams Prof. Abdul Sattar Sirat Mr. Humayun Tandar Mrs. Sima Wali General Abdul Rahim Wardak Mr. Pacha Khan Zadran

Witnessed for the United Nations by:

Mr. Lakhdar Brahimi Special Representative of the Secretary-General for Afghanistan

ANNEX I INTERNATIONAL SECURITY FORCE

1. The participants in the UN Talks on Afghanistan recognize that the responsibility for providing security and law and order throughout the country resides with the Afghans themselves. To this end, they pledge their commitment to do all within their means and influence to ensure such security, including for all United Nations and other personnel of

international governmental and non-governmental organizations deployed in Afghanistan.

2. With this objective in mind, the participants request the assistance of the international community in helping the new Afghan authorities in the establishment and training of new Afghan security and armed forces. 3. Conscious that some time may be required for the new Afghan security and armed forces to be fully constituted and functioning, the participants in the UN Talks on Afghanistan request the United Nations Security Council to consider authorizing the early deployment to Afghanistan of a United Nations mandated force. This force will assist in the maintenance of security for Kabul and its surrounding areas. Such a force could, as appropriate, be progressively expanded to other urban centres and other areas. 4. The participants in the UN Talks on Afghanistan pledge to withdraw all military units from Kabul and other urban centers or other areas in which the UN mandated force is deployed. It would also be desirable if such a force were to assist in the rehabilitation of Afghanistan's infrastructure.

***

ANNEX II ROLE OF THE UNITED NATIONS DURING THE INTERIM PERIOD

1. The Special Representative of the Secretary-General will be responsible for all aspects of the United Nations' work in Afghanistan. 2. The Special Representative shall monitor and assist in the implementation of all aspects of this agreement.

3. The United Nations shall advise the Interim Authority in establishing a politically neutral environment conducive to the holding of the Emergency Loya Jirga in free and fair conditions. The United Nations shall pay special attention to the conduct of those bodies and administrative departments which could directly influence the convening and outcome of the Emergency Loya Jirga. 4. The Special Representative of the Secretary-General or his/her delegate may be invited to attend the meetings of the Interim Administration and the Special Independent Commission on the Convening of the Emergency Loya Jirga. 5. If for whatever reason the Interim Administration or the Special Independent Commission were actively prevented from meeting or unable to reach a decision on a matter related to the convening of the Emergency Loya Jirga, the Special Representative of the Secretary-General shall, taking into account the views expressed in the Interim Administration or in the Special Independent Commission, use his/her good offices with a view to facilitating a resolution to the impasse or a decision. 6. The United Nations shall have the right to investigate human rights violations and, where necessary, recommend corrective action. It will also be responsible for the development and implementation of a programme of human rights education to promote respect for and understanding of human rights. ***

ANNEX III REQUEST TO THE UNITED NATIONS BY THE PARTICIPANTS AT THE UN TALKS ON AFGHANISTAN The participants in the UN Talks on Afghanistan hereby 1. Request that the United Nations and the international community take the necessary measures to guarantee the national sovereignty, territorial integrity and unity of Afghanistan as well as the non-interference by foreign countries in Afghanistan's internal affairs; 2. Urge the United Nations, the international community, particularly donor countries and multilateral institutions, to reaffirm, strengthen and implement their commitment to assist with the rehabilitation, recovery and reconstruction of Afghanistan, in coordination with the Interim Authority;

3. Request the United Nations to conduct as soon as possible (i) a registration of voters in advance of the general elections that will be held upon the adoption of the new constitution by the constitutional Loya Jirga and (ii) a census of the population of Afghanistan.

4. Urge the United Nations and the international community, in recognition of the heroic role played by the mujahidin in protecting the independence of Afghanistan and the dignity of its people, to take the necessary measures, in coordination with the Interim Authority, to assist in the reintegration of the mujahidin into the new Afghan security and armed forces; 5. Invite the United Nations and the international community to create a fund to assist the families and other dependents of martyrs and victims of the war, as well as the war disabled; 6. Strongly urge that the United Nations, the international community and regional organizations cooperate with the Interim Authority to combat international terrorism, cultivation and trafficking of illicit drugs and provide Afghan farmers with financial, material and technical resources for alternative crop production. ***

ANNEX IV COMPOSITION OF THE INTERIM ADMINISTRATION

Chairman:

Hamid Karzai

Vice Chairmen:

Vice-Chair & Women's Affairs: Vice-Chair & Defence: Vice-Chair & Planning: Vice-Chair & Water and Electricity: Vice-Chair & Finance:

Dr. Sima Samar Muhammad Qassem Fahim Haji Muhammad Mohaqqeq Shaker Kargar Hedayat Amin Arsala

Members: Department of Foreign Affairs: Department of the Interior: Department of Commerce: Department of Mines & Industries: Department of Small Industries: Department of Information & Culture: Department of Communication: Department of Labour & Social Affairs: Department of Hajj & Auqaf: Department of Martyrs & Disabled: Department of Education: Department of Higher Education: Department of Public Health: Department of Public Works: Department of Rural Development: Department of Urban Development: Department of Reconstruction: Department of Transport: Department for the Return of Refugees: Department of Agriculture: Department of Irrigation: Department of Justice: Department of Air Transport & Tourism: Department of Border Affairs: Dr. Abdullah Abdullah Muhammad Yunus Qanooni Seyyed Mustafa Kazemi Muhammad Alem Razm Aref Noorzai Dr. Raheen Makhdoom Ing. Abdul Rahim Mir Wais Sadeq Mohammad Hanif Hanif Balkhi Abdullah Wardak Abdul Rassoul Amin Dr. Sharif Faez Dr. Suhaila Seddiqi Abdul Khaliq Fazal Abdul Malik Anwar Haji Abdul Qadir Amin Farhang Sultan Hamid Sultan Enayatullah Nazeri Seyyed Hussein Anwari Haji Mangal Hussein Abdul Rahim Karimi Abdul Rahman Amanullah Zadran

Afghanistan's Constitutions World Constitutions
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DRAFT CONSTITUTION FOR THE TRANSITIONAL PERIOD REPUBLIC OF AFGHANISTAN
The Draft Constitution for the Transitional Period in Afghanistan has been posted on our website, 11AA.com on October 17th 2001. An Afghan lawyer, Mohamad Salim Modjaz PhD. has prepared this Draft. Dr. Mohamad Salim Modjaz is a former Deputy Minister of Justice of Afghanistan, former Vice President of Lawyers Association of Afghanistan, Secretary of the Drafting Committee of the Constitution of 1987 of Afghanistan and former member of the Constitutional Council of Afghanistan. The following concerns of Afghans have been reflected in this Draft Constitution: A- Concerns about the stability of Afghanistan. 1- After more than 20 years of war, the stability politic is one of the main concerns of this Draft. In Afghanistan coalitions have been and are always very fragile. If a broad based coalition breaks in the future, The Government should not be affected, that is why in this Draft the coalition is built at the level of the Salvation Front not at the level of Government. The main logic of the formation of the Salvation Front during the Transitional Period is to ensure the formation of an effective and stable broad based coalition. 2-Acourding to this Draft, the Government shall not be dissolved during the Transitional Period. 3-The National Assembly shall not vote the (No Confidence) to the Government during the Transitional Period. B- Concerns about the neutrality of the Interim Government, during the elections. The Transitional Government conducts the country towards the elections; therefore, it shall be neutral before and during the elections. That is why:

1-The members of political parties shall not be appointed as members of the Government, and as judges of the Supreme Court. 2-The President shall not be elected for a second term, otherwise he would intervene into the pre election preparations in favor of his reelection. C- Concerns about the multi ethnic conflicts in Afghanistan. 1- Article 200 and Chapter nine of this Draft, without damaging the unitary and indivisibility of Afghanistan, ensure the gradual self-administration of the local bodies. 2- Diversity of the composition of the Senate is another guarantee in this field. D- Concerns about the implementations of promises given to the people of Afghanistan during the Transitional Period. Chapter twelve, ensures and guarantees these promises, during the Transitional Period. E- Concerns about the implementation of the Constitution. The followings dispositions are strong guarantees in this field: 1- Swear of the President in article 320 2- The Formation of Constitutional Guardian Council. ___________________________________________________ CHAPTER ONE FOUNDATIONS OF THE POLITICAL SYSTEM

ARTICLE 100: THE REPUBLIC OF AFGHANISTAN IS AN INDEPENDENT, UNITARY, INDIVISIBLE AND ISLAMIC STATE, HAVING SOVEREIGNTY OVER THE WHOLE OF ITS TERRITORY. NATIONAL SOVEREIGNTY IN THE REPUBLIC OF AFGHANISTAN BELONGS TO THE PEOPLE. THE PEOPLE EXERCISE NATIONAL SOVEREIGNTY THROUGH LOYA JIRGA AND NATIONAL ASSEMBLY. ARTICLE 110:

THE SACRED RELIGION OF ISLAM IS THE RELIGION OF AFGHANISTAN. IN THE REPUBLIC OF AFGHANISTAN NO LAW SHALL RUN COUNTER TO THE PRINCIPLES OF THE SACRED RELIGION OF ISLAM AND OTHER VALUES ENSHRINED IN THIS CONSTITUTION. ARTICLE 120: THE REPUBLIC OF AFGHANISTAN IS A NONALIGNED COUNTRY WHICH DOES NOT JOIN ANY MILITARY BLOC AND DOES NOT ALLOW THE ESTABLISHMENT OF FOREIGN MILITARY BASES ON ITS TERRITORY. STATE IN ORDER TO PROMOTE THE INTERNATIONAL PRESTIGE OF AFGHANISTAN, AND TO GIVE ASSURANCE TO THE NEIGHBORING COUNTRIES SHALL TAKE THE APPROPRIATE MEASURES TO GET THE INTERNATIONAL GUARANTIES FOR THE NEUTRALITY AND THE DEMILITARIZATION OF AFGHANISTAN. ARTICLE 130: IN THE REPUBLIC OF AFGHANISTAN THE SALVATION FRONT OF AFGHANISTAN IS THE SUPREME LEADING AUTHORITY OF THE SOCIETY AND THE STATE AND THE HIGHEST BODY OF COALITION BETWEEN POLITICAL PARTIES, TANZIMS, ORGANIZATIONS DEFENDING THE INTERESTS OF NATIONALITIES, CLANS AND TRIBES AND SOCIAL ORGANIZATIONS AND IS IN ACTIVITY UNTIL THE END OF THE TRANSITIONAL PERIOD. ARTICLE 140: THE SOLVATION FRONT OF AFGHANISTAN AS A TRANSITIONAL BODY HAS THE FOLLOWING STRUCTURE: 1- THE CENTRAL COUNCIL WHICH ITS MEMBERS SHALL BE DESIGNATED PROPORTIONAL TO THE POPULARITY OF POLITICAL PARTIES, TANZIMS AND POLITICAL FORCES OBTAINED BY PUBLIC OPINION POLLS AND PROPORTIONAL TO THE APPROXIMATE PERCENTAGES OF POPULATION OF NATIONALITIES, TRIBES AND CLANS OF AFGHANISTAN . 2-THE EXECUTIVE COMMITTEE OF THE SALVATION FRONT OF AFGHANISTAN CONSIST OF 10 MEMBERS, ELECTED BY SECRET BALLOT AMONG THE MEMBERS OF CENTRAL COUNCIL OF THE SALVATION FRONT OF AFGHANISTAN. ARTICLE 150: 1)THE PRESIDENT WHO IS ELECTED BY LOYA JIRGA LEADS THE SALVATION FRONT OF AFGHANISTAN TOO. WITH THE MEMBERSHIP OF PRESIDENT THE TOTAL NUMBERS OF EXECUTIVE COMMITTEE IS ELEVEN. 2) THE EXECUTIVE COMMITTEE SHALL ELECT THE VICE PRESIDENTS, AND

SECRETARY OF THE SALVATION FRONT OF AFGHANISTAN AMONG ITS MEMBERS BY SECRET BALLOT. ARTICLE 160: THE SALVATION FRONT OF AFGHANISTAN ENJOYS THE FOLLOWING POWERS: 1) TO APPROVE THE BASIC LINES OF SOCIOECONOMIC SYSTEM OF THE REPUBLIC OF AFGHANISTAN. 2) TO APPROVE THE FOREIGN POLICY OF AFGHANISTAN DURING THE TRANSITIONAL PERIOD. 3) TO APPROVE MEMBERSHIP OF HOUSE OF REPRESENTATIVES PROPORTIONAL TO THE POPULARITY OF POLITICAL PARTIES, TANZIMS AND POLITICAL FORCES OBTAINED BY PUBLIC OPINION POLLS. TO APPROVE MEMBERSHIP OF SENATE PROPORTIONAL TO THE APPROXIMATE PERCENTAGES OF POPULATION OF NATIONALITIES, TRIBES AND CLANS OF AFGHANISTAN . 4) TO APPOINT THE PRIME MINISTER DESIGNATE TO FORM THE GOVERNMENT 5) TO APPROVE THE APPOINTMENT, PROMOTION AND PENSION OF JUDGES, HIGH RANKING OFFICIALS AND OFFICERS OF THE ARMED FORCES IN ACCORDANCE TO THE PROVISIONS OF THE LAW 6) TO APPROVE THE NATIONAL ANTHEM OF THE REPUBLIC OF AFGHANISTAN. 7) TO UNDERTAKE APPROPRIATE MEASURES FOR THE FORMATION OF A NATIONAL CENTRAL ARMY. 8) TO UNDERTAKE APPROPRIATE MEASURES FOR RECONSTRUCTION OF AFGHANISTAN AND TO SEEK FOREIGN FINANCIAL CONTRIBUTIONS IN THIS FIELD. ARTICLE 170: PASHTU AND DARI ARE OFFICIAL LANGUAGES AMONG THE NATIONAL LANGUAGES OF THE COUNTRY. ARTICLE 180: THE FLAG OF AFGHANISTAN IS TRI COLOR (BLACK, RED AND GREEN) ALL PIECES JOINED TOGETHER VERTICALLY FROM LEFT TO RIGHT IN EQUAL PROPORTIONS; THE BREADTH OF EACH STRIP EQUALING HALF OF ITS LENGTH, HAVING IN THE MIDDLE THE INSIGNIA OF THE MEHRAB (AN ARCH IN A MOSQUE WHERE THE PRAYING CONGREGATION STANDS, FACING THE KAABA IN MECCA) AND THE MENDER (A MANY TIERED PULPIT PLACED TO THE RIGHT OF THE METHRAB IN A MOSQUE, FROM WHICH ADDRESSES ARE DELIVERED) IN WHITE, FLANKED BY TWO FLAGS AND ENSCONCED IN TWO SHEAVES OF WHEAT.

ARTICLE 190: THE CAPITAL OF THE REPUBLIC OF AFGHANISTAN IS KABUL. ARTICLE 200: THE REPUBLIC OF AFGHANISTAN IS A MULTI-NATIONAL COUNTRY. 1)THE STATE SHALL ENSURE BALANCED PARTICIPATION OF ALL NATIONALITIES, TRIBES AND CLANS OF THE COUNTRY IN ALL CIVIL AND MILITARY STATE BODIES. 2) THE STATE SHALL FOLLOW THE POLICY OF ALL ROUND GROWTH, UNDERSTANDING, FRIENDSHIP AND COOPERATION BETWEEN ALL NATIONALITIES, CLANS AND TRIBES OF THE COUNTRY FOR ENSURING POLITICAL, ECONOMIC, SOCIAL AND CULTURAL EQUALITY. 3) THE STATE SHALL CREATE SUITABLE ENVIRONMENT FOR RAPID GROWTH AND DEVELOPMENT OF REGIONS WHICH ARE SOCIALLY, ECONOMICALLY AND CULTURALLY BACKWARD. 4)THE STATE SHALL GRADUALLY PREPARE THE GROUNDS FOR THE CREATION OF ADMINISTRATIVE UNITS BASED ON NATIONAL CHARACTERISTICS AND LOCAL SELF-ADMINISTRATION. 5)THE STATE SHALL ADOPT NECESSARY MEASURES FOR THE GROWTH OF CULTURE, LANGUAGE AND LITERATURE OF THE PEOPLE OF AFGHANISTAN AS WELL AS PRESERVE AND DEVELOP THE WORTHY CULTURAL, TRADITIONAL, LINGUISTIC, LITERARY AND FOLKLORIC LEGACY OF ALL NATIONALITIES, CLANS AND TRIBES. ARTICLE 210: CITIZENS OF THE REPUBLIC OF AFGHANISTAN, BOTH MEN AND WOMEN HAVE EQUAL RIGHTS AND DUTIES BEFORE THE LAW, IRRESPECTIVE OF THEIR NATIONAL, RACIAL, LINGUISTIC, TRIBAL EDUCATIONAL AND SOCIAL STATUS, RELIGIOUS CREED POLITICAL CONVICTION, OCCUPATION, KINSHIP, WEALTH, AND RESIDENCE. DESIGNATION OF ANY ILLEGAL PRIVILEGE OR DISCRIMINATION AGAINST RIGHTS AND DUTIES OF CITIZENS ARE FORBIDDEN ARTICLE 220: THE STATE SHALL GUARANTEE THE RIGHTS OF WOMEN IN ALL RESPECTS, BY OBSERVING THE PRINCIPLES OF ISLAM, AND SHALL CARRY OUT THE FOLLOWINGS: 1) TO CREATE SUITABLE ENVIRONMENT FOR THE EDUCATION OF GIRLS AS WELL AS BOYS. 2) TO ASSURE THE RIGHT FOR WOMEN TO WORK WITHOUT DISCRIMINATION.

3) TO PROTECT MOTHERS, PARTICULARLY DURING THE PERIOD OF PREGNANCY AND CUSTODY OF CHILDREN. 4) TO PROTECT THE WOMEN AND MOTHERS WHO'S HUSBANDS OR CHILDREN ARE KILLED HANDICAPPED OR DISABLED. CHAPTER TWO BASIC RIGHTS, FREEDOMS AND DUTIES OF CITIZENS AND LOYA JIRGA ARTICLE 230: SUBJECT TO THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, AND THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, ARTICLES 25 TO 39 OF CHAPTER THREE OF THE CONSTITUTION OF 1963, SHALL BE INDIVISIBLE PARTS OF THIS CHAPTER OF THE TRANSITIONAL CONSTITUTION. ARTICLE 240: THE LOYA JIRGA WHICH IS THE HIGHEST MANIFESTATION OF THE WILL OF THE PEOPLE OF AFGHANISTAN IN ACCORDANCE WITH NATIONAL AND HISTORICAL TRADITIONS SHALL CONVENE AS: 1) THE EMERGENCY LOYA JIRGA. 2) THE CONSTITUENT ASSEMBLY. ARTICLE 250: THE EMERGENCY LOYA JIRGA WHICH APPROVED THIS TRANSITIONAL CONSTITUTION MAY BE CONVENED IN EMERGENCY CIRCUMSTANCES ACCORDING AFGHANISTAN’S TRADITIONS. ARTICLE 260: THE CONSTITUENT ASSEMBLY CONSIST OF: 1) MEMBERS OF CENTRAL COUNCIL OF THE SALVATION FRONT OF AFGHANISTAN; 2) MEMBERS OF BOTH HOUSES OF THE NATIONAL ASSEMBLY; 3) VICE PRESIDENTS; 4) CHAIRMEN OF THE COUNCILS OF THE PROVINCES AND MAYOR OF KABUL; 5) 10 ELECTED REPRESENTATIVES FROM EACH PROVINCE; 6) PRIME MINISTER AND MEMBERS OF THE COUNCIL OF MINISTERS; 7) CHIEF JUSTICE AND MEMBERS OF SUPREME COURT; 8) CHAIRMAN AND MEMBERS OF THE CONSTITUTIONAL GUARDIAN COUNCIL; 9) A MAXIMUM OF SIXTY PERSONS FROM AMONG PROMINENT POLITICAL, SCIENTIFIC, SOCIAL AND RELIGIOUS FIGURES TO BE APPOINTED BY THE

PRESIDENT FROM A LIST PROPOSED BY THE CENTRAL COUNCIL OF THE SALVATION FRONT; ARTICLE 270: THE CONSTITUENT ASSEMBLY ENJOYS THE FOLLOWING POWERS: 1) TO APPROVE AND AMEND THE CONSTITUTION. 2) TO ELECT THE PRESIDENT AND TO ACCEPT THE PRESIDENT'S RESIGNATION. 3) TO CONSENT TO THE DECLARATION OF WAR AND ARMISTICE. 4) TO ADOPT DECISIONS ON THE MOST IMPORTANT QUESTIONS REGARDING THE DESTINY OF THE COUNTRY. ARTICLE 280: 1)SAVE IN CASES OTHERWISE DEFINED IN THIS CONSTITUTION, THE LOYA JIRGA SHALL BE SUMMONED AND OPENED BY THE PRESIDENT AND ITS SESSIONS SHALL BE HELD UNDER THE CHAIRMANSHIP OF THE PRESIDENT OR ANY OTHER PERSON APPOINTED BY THE PRESIDENT AS HIS REGENT. 2)THE QUORUM FOR THE LOYA JIRGA SHALL BE TWO THIRD OF ITS MEMBERS PRESENT. 3)SAVE IN CASES OTHERWISE DEFINED IN THIS CONSTITUTION, THE DECISIONS OF THE LOYA JIRGA SHALL BE ADOPTED BY A MAJORITY VOTE OF ITS MEMBERS. ARTICLE 290: ELECTIONS TO LOYA JIRGA SHALL BE REGULATED BY LAW AND ITS RULES OF PROCEDURE LAID DOWN BY THE LOYA JIRGA ITSELF.

CHAPTER THREE THE PRESIDENT ARTICLE 300: THE PRESIDENT IS THE HEAD OF THE STATE AND SHALL EXERCISE HIS POWERS IN LEGISLATIVE, EXECUTIVE AND JUDICIAL SPHERES IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN. ARTICLE 310:

1) THE PRESIDENT SHALL BE ELECTED BY A MAJORITY VOTE OF THE EMERGENCY LOYA JIRGA FOR THE TERM OF TRANSITIONAL PERIOD. 2) DURING THE TRANSITIONAL PERIOD THE PRESIDENT ENJOYS THE POWER OF PRESIDENCY OF THE SALVATION FRONT OF AFGHANISTAN TOO. 3)AT THE END OF TRANSITIONAL PERIOD THE PRESIDENT SHALL NOT BE ELECTED FOR A SECOND TERM. ARTICLE 320: THE PRESIDENT, AFTER BEING ELECTED, SHALL TAKE THE FOLLOWING OATH: 'I SWEAR IN THE NAME OF ALLAH, THE ALMIGHTY, TO PROTECT THE PRINCIPLES OF SACRED RELIGION OF ISLAM, OBSERVE THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN AND SUPERVISE ITS IMPLEMENTATION, SAFEGUARD THE INDEPENDENCE, NATIONAL SOVEREIGNTY AND TERRITORIAL INTEGRITY OF AFGHANISTAN, PRESERVE THE BASIC RIGHTS AND FREEDOMS OF THE CITIZENS AND EXERT ALL MY EFFORTS TO ENSURE SOCIAL JUSTICE, PEOPLE'S PROSPERITY, STRENGTHENING OF PEACE AND PROGRESS IN THE COUNTRY'. ARTICLE 330: THE PRESIDENT SHALL ENJOY THE FOLLOWING POWERS IN ADDITION TO THOSE ENTRUSTED TO HIM BY OTHER PROVISIONS OF THE CONSTITUTION: 1) SUPREME COMMAND OF THE ARMED FORCES. 2) TO PROMULGATE LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY. 3) TO APPROVE THE HEAD AND MEMBERS OF THE GOVERNMENT AFTER THEY HAVE RECEIVED THE VOTE OF CONFIDENCE OF THE NATIONAL ASSEMBLY AND TO ACCEPT THEIR RESIGNATIONS. 4) PARDON AND REMIT SENTENCES. 5) ACCREDIT THE HEADS OF DIPLOMATIC MISSIONS OF THE REPUBLIC OF AFGHANISTAN TO FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS. 6) ACCEPT THE CREDENTIALS OF THE HEADS OF DIPLOMATIC MISSIONS OF FOREIGN STATES TO THE REPUBLIC OF AFGHANISTAN. 7) AUTHORIZE THE ISSUE OF MONEY. 8) GRANT CITIZENSHIP AND ASYLUM IN ACCORDANCE WITH THE LAW. 9) EXERCISE OTHER POWERS IN ACCORDANCE WITH THE LAW. ARTICLE 340:

THE PRESIDENT SHALL CONTINUE IN OFFICE TILL THE END OF HIS TERM EXCEPT IN THE EVENT OF PROTRACTED AND IRREVERSIBLE ILLNESS AND OR RESIGNATION. IN ALL CASES WHEN THE PRESIDENT IS UNABLE TO DISCHARGE HIS DUTIES, THE PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TO THE FIRST VICE PRESIDENT. DURING THE PERIOD THE PRESIDENTIAL FUNCTIONS, ARE ENTRUSTED TO THE VICE PRESIDENT, THE CONSTITUTION SHALL NOT BE SUBJECT TO AMENDMENT.

CHAPTER FOUR THE NATIONAL ASSEMBLY ARTICLE 350: THE SHURA (NATIONAL ASSEMBLY) IN AFGHANISTAN MANIFESTS THE WILL OF THE PEOPLE AND REPRESENTS THE WHOLE OF THE NATION. THE PEOPLE OF AFGHANISTAN PARTICIPATE THROUGH THE SHURA (NATIONAL ASSEMBLY) IN THE POLITICAL LIFE OF THE COUNTRY. ALTHOUGH ELECTED FROM A PARTICULAR CONSTITUENCY EACH MEMBER OF THE SHURA (NATIONAL ASSEMBLY) SHALL AT THE TIME OF EXPRESSING HIS OPINION, TAKE THE GENERAL INTEREST OF THE WHOLE OF AFGHANISTAN AS THE BASIS FOR HIS JUDGMENT. ARTICLE 360: THE NATIONAL ASSEMBLY CONSISTS OF TWO HOUSES: THE HOUSE OF REPRESENTATIVES AND THE SENATE. ARTICLE 370: SUBJECT TO THE PARAGRAPH 3 OF ARTICLE 160 OF THIS CONSTITUTION, DURING THE TRANSITIONAL PERIOD MEMBERS OF HOUSE OF REPRESENTATIVES AND SENATE SHALL BE APPOINTED BY THE SALVATION FRONT OF AFGHANISTAN. ARTICLE 380: IN ADDITION TO OTHER POWERS PRESCRIBED IN THIS CONSTITUTION, THE NATIONAL ASSEMBLY SHALL ENJOY THE FOLLOWING POWERS: 1) TO APPROVE, AMEND AND REPEAL LAWS AND LEGISLATION, DECREES AND TO PRESENT THEM TO THE PRESIDENT FOR SIGNATURE. 2) TO INTERPRET LAWS. 3) TO RATIFY AN ANNUL INTERNATIONAL TREATIES. 4) TO APPROVE SOCIOECONOMIC DEVELOPMENT PLANS AND ENDORSE

THE GOVERNMENT'S REPORT ON THEIR EXECUTION. 5) TO APPROVE THE STATE BUDGET AND EVALUATE THE REPORT ON ITS EXECUTION. 6) TO ESTABLISH ADMINISTRATIVE UNITS AND MAKE CHANGES IN THEM. 7) TO ESTABLISH AND ABOLISH MINISTRIES AND CENTRAL ORGANS EQUIVALENT TO THEM. 8) TO DECIDE ON THE APPOINTMENT AND REMOVAL OF VICE PRESIDENTS ON THE BASIS OF RECOMMENDATION AND REQUEST OF THE PRESIDENT. 9) TO AUTHORIZE THE STATE TO RECEIVE LOANS AND GRANT PRIVILEGES OF SUBSTANTIAL IMPORTANCE IN NATIONAL ECONOMY, INCLUDING MONOPOLY. 10) EXERCISE OTHER POWERS IN ACCORDANCE WITH THE LAW. ARTICLE 390: THE HOUSE OF REPRESENTATIVES ELECTS AT ITS FIRST SESSION FROM AMONG ITS MEMBERS AN EXECUTIVE COMMITTEE COMPOSED OF A CHAIRMAN, TWO DEPUTY CHAIRMEN AND TWO SECRETARIES FOR THE WHOLE TERM OF THE LEGISLATURE. THE SENATE ELECTS FROM AMONG ITS MEMBERS AN EXECUTIVE COMMITTEE COMPOSED OF A CHAIRMAN FOR A TERM OF FIVE YEARS, TWO DEPUTY CHAIRMEN AND TWO SECRETARIES FOR A TERM OF ONE YEAR. THE CHAIRMAN OF EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL CONDUCT AND MAINTAIN ORDER IN THE RESPECTIVE SESSIONS OF THE HOUSES. IN THE ABSENCE OF THE CHAIRMAN ONE OF THE DEPUTY CHAIRMEN SHALL DISCHARGE HIS DUTIES. ARTICLE 400: 1)THE ORDINARY SESSIONS OF THE NATIONAL ASSEMBLY ARE HELD TWICE A YEAR, IN THE FIRST WEEK OF THE MONTH OF SUNBOLA AND THE FIRST WEEK OF THE MONTH OF HOOT. 2) EACH REGULAR SESSION OF THE NATIONAL ASSEMBLY, SHALL NOT EXTEND TO MORE THAN THREE MONTHS. IF THE NATIONAL ASSEMBLY IS DISCUSSING THE ANNUAL BUDGET OR THE DEVELOPMENT PLAN, ITS SESSION SHALL NOT BE WOUND UP BEFORE THEIR ENDORSEMENT. 3) IF THE BUDGET IS NOT ENDORSED BEFORE THE BEGINNING OF THE FISCAL YEAR, THE BUDGET OF THE PREVIOUS YEAR SHALL APPLY TILL THE ENDORSEMENT OF THE NEW ANNUAL BUDGET. 4) AN EXTRAORDINARY SESSION OF THE NATIONAL ASSEMBLY CAN BE HELD ON THE DECISION OF THE PRESIDENT, REQUEST OF CHAIRMAN OF EITHER HOUSE OR OF ONE FIFTH OF MEMBERS OF EACH HOUSE. ARTICLE 410:

THE HOUSES OF NATIONAL ASSEMBLY SHALL HOLD SEPARATE OR JOINT SESSIONS. THE JOINT SESSIONS OF THE NATIONAL ASSEMBLY ARE CHAIRED ALTERNATELY BY THEIR CHAIRMEN. THE PRESIDENT INAUGURATES AND CONCLUDES THE SESSION OF THE NATIONAL ASSEMBLY. THE FIRST SESSION OF NATIONAL ASSEMBLY SHALL BE SUMMONED BY THE PRESIDENT, FIFTEEN DAYS AFTER THE SESSION OF THE EMERGENCY LOYA JIRGA. ARTICLE 420: DEBATES IN BOTH HOUSES ARE OPEN EXCEPT WHEN THE GOVERNMENT, THE PRESIDENT OF THE HOUSE OR AT LEAST TEN MEMBERS REQUEST A SECRET SESSION, AND THE HOUSE GRANTS ITS APPROVAL. THE HOUSE CAN, WITH A TWO THIRDS MAJORITY OF THE MEMBERS, CONVENE SECRET PROCEEDINGS INTO OPEN DEBATE. THE PROCEEDINGS OF BOTH HOUSES OF SHURA (NATIONAL ASSEMBLY) ARE RECORDED. NOBODY MAY ENTER THE MEETING PLACE OF THE SHURA (NATIONAL ASSEMBLY) BY FORCE. VIOLATORS SHALL BE PUNISHED ACCORDING TO THE LAW. ARTICLE 430: THE QUORUM FOR BOTH HOUSES OF THE NATIONAL ASSEMBLY SHALL BE COMPLETED WHEN TWO THIRD OF THE MEMBERS OF EACH HOUSE ARE PRESENT. THE DECISION OF EACH HOUSE IS PASSED BY A MAJORITY VOTE OF ITS TOTAL MEMBERSHIP. ARTICLE 440: EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL ELECT FROM AMONG ITS MEMBERS STANDING COMMISSIONS FOR THE PRELIMINARY CONSIDERATION AND ARRANGEMENT OF THE ISSUES WITHIN ITS COMPETENCE AND THE SUPERVISION OF THE IMPLEMENTATION OF LAWS AND DECISIONS OF THE HOUSE. ARTICLE 450: EACH HOUSE OF THE NATIONAL ASSEMBLY IS EMPOWERED TO CONSTITUTE INVESTIGATION, AUDITING AND OTHER TEMPORARY COMMISSIONS AS MAY BE REQUIRED. THE TASKS AND PROCEDURES OF THE INVESTIGATION AND AUDITING COMMISSIONS SHALL BE REGULATED BY THE RESPECTIVE HOUSES OF THE NATIONAL ASSEMBLY. ARTICLE 460: MEMBERS OF THE SHURA (NATIONAL ASSEMBLY) CANNOT UNDERTAKE ANY OTHER PROFESSION. THIS RULE DOES NOT APPLY TO AGRICULTURE

AND OTHER FREE ENTERPRISES. SUITABLE SALARIES SHALL BE FIXED IN ACCORDANCE WITH THE LAW FOR MEMBERS OF SHURA (NATIONAL ASSEMBLY). ARTICLE 470: THE TWO HOUSES MEET SEPARATELY BUT AT THE SAME TIME. THE MESHRANO JIRGA (SENATE) CAN HOLD EXTRAORDINARY SESSIONS TO STUDY THE BUDGET PROPOSALS OF THE STATE DURING THE TIME WHEN THE WOLESI JIRGA (SENATE) IS ADJOURNED. ARTICLE 480: THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF REPRESENTATIVES) MAY PUT QUESTIONS TO THE GOVERNMENT. DEBATE ON THE GOVERNMENT EXPLANATION DEPENDS UPON THE DECISION OF THE HOUSE. DURING THE TRANSITIONAL PERIOD THE GOVERNMENT SHALL NOT BE SUBJECT TO THE VOTE OF NO CONFIDENCE. ARTICLE 490: THE MEMBERS OF THE SHURA (NATIONAL ASSEMBLY) MAY ASK QUESTIONS FROM THE PRIME MINISTER OR THE MINISTERS ABOUT SPECIFIC SUBJECTS. PERSONS THUS ASKED ARE BOUND TO FURNISH A VERBAL OR WRITTEN ANSWER. THIS ANSWER SHALL NOT BE MADE SUBJECT OF DEBATE. ARTICLE 500: 1- MEMBERS OF THE NATIONAL ASSEMBLY HAVE THE RIGHT TO VOTE AND EXPRESS THEIR VIEWS IN SEPARATE AND JOINT SESSIONS. 2- NO MEMBER OF THE NATIONAL ASSEMBLY SHALL BE SUBJECTED TO LEGAL PROSECUTION FOR A VOTE OR VIEWS EXPRESSED INSIDE OR OUTSIDE THE NATIONAL ASSEMBLY. 3- SAVE IN CASES OF PRIMA FACIE EVIDENCE OF CRIMES, NO MEMBER OF THE NATIONAL ASSEMBLY CAN BE ARRESTED, DETAINED OR SUBJECTED TO JUDICIAL SURVEILLANCE WITHOUT THE CONSENT OF THE HOUSE CONCERNED OR WITHOUT THE CONSENT OF ITS EXECUTIVE COMMITTEE DURING THE INTERVAL BETWEEN TWO SESSIONS OF THE NATIONAL ASSEMBLY. 4- IF A MEMBER OF THE NATIONAL ASSEMBLY IS ARRESTED ON A PRIMA FACIE CASE, THE EXECUTIVE COMMITTEE OF THE HOUSE CONCERNED SHALL BE INFORMED. ARTICLE 510:

WHEN A BILL IS PLACED ON THE AGENDA OF EITHER OF THE TWO HOUSES, IT IS FIRST REFERRED TO THE COMMITTEE CONCERNED, AND AFTER IT HAS BEEN VOTED ON EACH ARTICLE AND COMMENTED UPON BY THE COMMITTEE, THE BILL IS READ IN THE HOUSE ALONG WITH THE COMMENTS OF THE COMMITTEE, AND DEBATED UPON. DURING THE TRANSITIONAL PERIOD THE BILL SHALL NOT BE VOTED ON EACH ARTICLE BY THE HOUSE. THE BILL IS APPROVED OR REJECTED AS A WHOLE ARTICLE 520: SAVE IN CASES DEFINED OTHERWISE IN THIS CONSTITUTION, THE DECISIONS OF ONE OF THE HOUSES RELATING TO POWERS DESCRIBED UNDER ARTICLE 380 SHALL BE DELIVERED TO THE OTHER HOUSE. IF THE DECISION OF ONE HOUSE IS REJECTED BY THE OTHER, A JOINT COMMITTEE CONSISTING OF AN EQUAL NUMBER OF MEMBERS OF BOTH HOUSES SHALL BE SET UP. THE DECISION OF THE JOINT COMMITTEE SHALL COME INTO FORCE AFTER IT IS SIGNED BY THE PRESIDENT. IF THE JOINT COMMITTEE FAILS TO RESOLVE DIFFERENCES, THE MATTER SHALL BE DISCUSSED IN THE JOINT SESSION OF THE NATIONAL ASSEMBLY AND DECISION TAKEN BY A MAJORITY VOTE OF THE JOINT SESSION. WHEN THE DIFFERENCES BETWEEN THE TWO HOUSES OF THE SHURA (NATIONAL ASSEMBLY) RELATE TO FINANCIAL BILLS AND ARE NOT RESOLVED BY THE JOINT COMMITTEE, THE WOLESI JIRGA (HOUSE OF REPRESENTATIVE) MAY MOVE THE BILL AGAIN IN THE FOLLOWING SESSION AND APPROVE IT BY A MAJORITY VOTE. THIS ENACTMENT, WITHOUT REFERENCE TO THE MESHRANO JIRGA (SENATE), BECOMES LAW AFTER IT IS SIGNED BY THE PRESIDENT. ARTICLE 530: THE DECISIONS OF THE NATIONAL ASSEMBLY ARE ENFORCED AFTER PROMULGATION BY THE PRESIDENT. IN CASE THE PRESIDENT DOES NOT AGREE WITH THE DECISIONS OF THE NATIONAL ASSEMBLY, HE CAN RETURN THEM TO THE NATIONAL ASSEMBLY WITHIN 30 DAYS FROM THE DATE OF RECEIPT ALONG WITH HIS REASONS. AFTER THE ELAPSE OF THIS PERIOD, AND ALSO IF THE NATIONAL ASSEMBLY ENDORSES THE DECISION IN ITS NEXT SESSION WITH TWO THIRDS VOTES OF ITS MEMBERS, THE DECISION SHALL BECOME EFFECTIVE AND THE PRESIDENT SHALL SIGN IT. ARTICLE 540: DURING THE TRANSITIONAL PERIOD THE HOUSE OF REPRESENTATIVES SHALL NOT BE DISSOLVED. ARTICLE 450:

THE LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY SHALL BE PUBLISHED IN PASHTU AND DARI LANGUAGES AND CAN BE PUBLISHED IN THE LANGUAGES OF OTHER NATIONALITIES OF THE COUNTRY AS WELL. ARTICLE 560: THE RULES OF PROCEDURE OF THE NATIONAL ASSEMBLY AND ITS STANDING COMMISSIONS SHALL BE REGULATED BY THE NATIONAL ASSEMBLY.

CHAPTER FIVE THE COUNCIL OF MINISTERS ARTICLE 570: THE COUNCIL OF MINISTERS (GOVERNMENT) IS COMPOSED OF: 1) PRIME MINISTER 2) DEPUTY PRIME MINISTERS 3) MINISTERS AND PRESIDENTS OF CENTRAL ORGANS EQUIVALENT TO MINISTRIES. ARTICLE 580: IN ORDER TO ASSURE THE NEUTRALITY OF GOVERNMENT DURING THE TRANSITIONAL PERIOD, MEMBERS OF POLITICAL PARTIES SHALL NOT BE APPOINTED AS MEMBERS OF THE COUNCIL OF MINISTERS, ARTICLE 590: THE DESIGNATE GOVERNMENT SHALL PRESENT TO THE FIRST SESSION OF THE HOUSE OF REPRESENTATIVES THE HOME AND FOREIGN POLICY LINE OF THE GOVERNMENT AND THE COMPOSITION OF HIS GOVERNMENT FOR SEEKING THE VOTE OF CONFIDENCE OF THE HOUSE. AFTER RECEIVING THE VOTE OF CONFIDENCE AND APPROVAL OF THE PRESIDENT, THE PRIME MINISTER SHALL PRESENT THE DOMESTIC AND FOREIGN POLICY LINE AND INTRODUCE MEMBERS OF THE GOVERNMENT TO THE SENATE. ARTICLE 600: THE COUNCIL OF MINISTERS ENJOYS THE FOLLOWING DUTIES AND POWERS:

1) FORMULATE AND IMPLEMENT THE DOMESTIC AND FOREIGN POLICIES. 2) ENSURE THE EXECUTION OF MATTERS RELATING TO NATIONAL ECONOMY; FORMULATE THE SOCIOECONOMIC DEVELOPMENT PLANS, PREPARE THE STATE BUDGET, IMPLEMENT PLANS AND BUDGET AND REPORT TO THE NATIONAL ASSEMBLY ON THEIR EXECUTION 3) TAKE MEASURES FOR DEFENDING PUBLIC INTERESTS, PROTECT ALL FORMS OF LEGAL PROPERTIES, ENSURE PUBLIC ORDER AND SECURITY AND SAFEGUARD THE RIGHTS, AND FREEDOMS OF THE CITIZENS. 4) OVERALL GUIDANCE OF FOREIGN RELATIONS, ESTABLISHMENT OF DIPLOMATIC TIES AND CONCLUSION OF AGREEMENTS WITH FOREIGN STATES AND INTERNATIONAL ORGANIZATIONS ACCORDING TO LAW. 5) CREATE OFFICES AND ORGANS RELATED TO THE COUNCIL OF MINISTERS. 6) OTHER POWERS ACCORDING TO PROVISIONS OF LAW. ARTICLE 601: THE COUNCIL OF MINISTERS OF THE REPUBLIC OF AFGHANISTAN APPROVES REGULATIONS, RULES AND OTHER LEGAL DOCUMENTS IN THE JURISDICTION OF ITS POWERS. ARTICLE 610: IN THE INTERVAL BETWEEN SESSIONS OF THE NATIONAL ASSEMBLY, AND IN THE EVENT OF DISSOLUTION OF THE HOUSE OF REPRESENTATIVES, THE COUNCIL OF MINISTERS MAY, IF URGENTLY REQUIRED, ISSUE LEGISLATIVE ORDINANCES ON MATTERS WITHIN THE POWERS OF THE NATIONAL ASSEMBLY, EXCLUDING MATTERS RELATING TO BUDGET AND FINANCIAL AFFAIRS. THESE LEGISLATIVE ORDINANCES SHALL COME INTO FORCE AFTER SIGNATURE BY THE PRESIDENT. THE COUNCIL OF MINISTERS SHALL SUBMIT TO THE FIRST PERIODIC SESSION OF THE NATIONAL ASSEMBLY FOR APPROVAL THE LEGISLATIVE ORDINANCES WHICH ARE PROMULGATED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. IF THE ORDINANCES ARE REJECTED BY THE NATIONAL ASSEMBLY, THEY BECOME VOID FROM THAT DATE. IN THE INTERVAL BETWEEN TWO SESSIONS OF THE NATIONAL ASSEMBLY OR IN THE PERIOD OF DISSOLUTION OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT MAY, ON THE RECOMMENDATION OF THE PRIME MINISTER, APPOINT OR DISMISS ANY MEMBER OF THE GOVERNMENT. THE MATTER SHALL THEN BE SUBMITTED TO THE FIRST SESSION OF THE HOUSE OF REPRESENTATIVES TO DECIDE UPON. ARTICLE 620: THE TERM OF GOVERNMENT EXPIRES AT THE END OF THE TRANSITIONAL PERIOD. THE INTERIM GOVERNMENT CARRY ON ITS ACTIVITIES TILL A NEW GOVERNMENT IS FORMED.

ARTICLE 630: THE ORGANIZATION, COMPOSITION, AND ACTIVITIES OF THE COUNCIL OF MINISTERS SHALL BE REGULATED BY LAW.

CHAPTER SIX JUDICIARY ARTICLE 640: THE JUDICIARY IS AN INDEPENDENT ORGAN OF THE STATE AND DISCHARGES ITS DUTIES SIDE BY SIDE WITH THE LEGISLATIVE AND EXECUTIVE BODIES. ARTICLE 650: 1)THE JUDICIARY CONSISTS OF A SUPREME COURT AND OTHER COURTS, THE NUMBER OF WHICH SHALL BE DETERMINED BY LAW. IT IS WITHIN THE JURISDICTION OF THE JUDICIARY TO ADJUDICATE IN ALL LITIGATION BROUGHT BEFORE IT ACCORDING TO THE RULES OF LAW, IN WHICH REAL OR LEGAL PERSONS, INCLUDING THE STATE, ARE INVOLVED EITHER AS PLAINTIFF OR DEFENDANT. 2)UNDER NO CIRCUMSTANCES SHALL A LAW EXCLUDE FROM THE JURISDICTION OF THE JUDICIARY, AS DEFINED IN THIS TITLE, A CASE OR SPHERE, AND ASSIGN IT TO OTHER AUTHORITIES. THIS PROVISION DOES NOT PREVENT THE ESTABLISHMENT OF MILITARY COURTS; BUT THE JURISDICTION OF THESE COURTS IS CONFINED TO OFFENSES RELATED TO THE ARMED FORCES OF AFGHANISTAN. THE ORGANIZATION AND JURISDICTION OF THE MILITARY COURTS SHALL BE DETERMINED BY LAW. 4) EXCEPTIONAL COURTS MAY BE ESTABLISHED ACCORDING TO THE DISPOSITIONS OF LAW IF THE CIRCUMSTANCES REQUIRES. ARTICLE 660: 1) THE CHIEF JUSTICE, THE DEPUTY CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT SHALL BE APPOINTED BY THE EXECUTIVE COMMITTEE OF THE SALVATION FRONT OF AFGHANISTAN, FOR THE TERM OF TRANSITIONAL PERIOD. 2) PROPORTIONALITY OF NATIONALITIES, TRIBES AND CLANS OF AFGHANISTAN, AS WELL AS HONESTY, CAPABILITY AND COMPETENCE SHALL BE CONSIDERED INTO THE COMPOSITION OF THE SUPREME COURT, PROVIDED THEY DO NOT AFFECT THE INDEPENDENCE OF THE JUDICIARY. 3) MEMBERS OF POLITICAL PARTIES SHALL NOT BE APPOINTED AS CHIEF

JUSTICE AND JUDGES OF THE SUPREME COURT, DURING THE TRANSITIONAL PERIOD. ARTICLE 670: IN THE COURTS OF AFGHANISTAN TRIALS ARE HELD OPENLY AND EVERYONE MAY ATTEND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE COURT MAY IN EXCEPTIONAL CASES SPECIFIED IN THE LAW HOLD CLOSED TRIALS. HOWEVER, THE JUDGMENT SHALL ALWAYS BE OPENLY PROCLAIMED. THE COURTS ARE BOUND TO STATE IN THEIR JUDGMENTS THE REASONS FOR THEIR VERDICTS. ARTICLE 680: THE ENFORCEMENT OF ALL FINAL JUDGMENTS OF THE COURTS IS OBLIGATORY EXCEPT IN THE CASE OF A DEATH SENTENCE WHERE THE EXECUTION OF THE COURT DECISION IS SUBJECT TO THE PRESIDENT'S SIGNATURE. ARTICLE 690: THE JUDGES SHALL APPLY THE PROVISIONS OF THE CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN IN THE CASES UNDER THEIR CONSIDERATION. WHEN NO EXPLICIT PROVISION EXISTS IN THE LAW, THE COURT SHALL, FOLLOWING THE PROVISIONS OF THE SHARIAT OF ISLAM, RENDER A DECISION THAT SECURES JUSTICE IN THE BEST POSSIBLE WAY. ARTICLE 700: THE ORGANIZATION, COMPOSITION, POWERS AND THE RULE OF PROCEDURE OF THE COURTS SHALL BE REGULATED BY LAW. CHAPTER SEVEN THE ATTORNEY OFFICE ARTICLE 710: THE ATTORNEY OFFICE OF THE REPUBLIC OF AFGHANISTAN IS AN INDIVISIBLE PART OF THE EXECUTIVE POWER AND CONSISTS OF: ATTORNEY GENERAL, PROVINCIALS, DIVISIONALS, DISTRICTS, SUB DISTRICTS AND CITIES. STATE MAY SET UP THE ATTORNEY OFFICE OF THE ARMED FORCES AND SPECIAL(EXCEPTIONAL) ATTORNEY IF CIRCUMSTANCES REQUIRE.

ARTICLE 720: MINISTER OF JUSTICE SHALL EXECUTE THE FUNCTIONS OF ATTORNEY GENERAL TOO. ARTICLE 730: SUPERVISION OVER THE IMPLEMENTATION AND OBSERVANCE OF LAWS SHALL BE UNDERTAKEN BY THE ATTORNEY GENERAL AND THE ATTORNEY GENERAL'S SUBORDINATES IN ACCORDANCE WITH THE LAW. ARTICLE 740: THE ORGANIZATION, COMPOSITION, POWERS AND THE RULES OF PROCEDURE OF THE ATTORNEY OFFICE SHALL BE REGULATED BY LAW. CHAPTER EIGHT CONSTITUTIONAL GUARDIAN COUNCIL ARTICLE 750: THE CONSTITUTIONAL GUARDIAN COUNCIL OF THE REPUBLIC OF AFGHANISTAN SHALL BE FORMED TO ENSURE THE CONFORMITY OF LAWS, OTHER LEGISLATIVE DOCUMENTS AND INTERNATIONAL TREATIES WITH THE CONSTITUTION AND WITH THE RULES OF SACRED RELIGION OF ISLAM. ARTICLE 760 THE CONSTITUTION GUARDIAN COUNCIL SHALL EXERCISE THE FOLLOWING POWERS: 1) TO EVALUATE THE UNIFORMITY OF LAWS, LEGISLATIVE DECREES AND INTERNATIONAL TREATIES WITH THE CONSTITUTION AND THE RULES OF SACRED RELIGION OF ISLAM. 2) TO GIVE LEGAL AND JUDICIAL ADVICE TO THE PRESIDENT ON CONSTITUTIONAL MATTERS. 3) TO INTERPRET THE CONSTITUTION. 3) TO EVALUATE THE EVENTUAL CONFLICTS OF ARTICLES 25 TO 39 OF THE CONSTITUTION OF 1963 WHICH HAS BEEN DECLARED AS INDIVISIBLE PART OF THE CONSTITUTION WITH OTHER PROVISIONS OF THIS CONSTITUTION. ARTICLE 770 THE CONSTITUTIONAL GUARDIAN COUNCIL CONSIST OF A PRESIDENT AND EIGHT MEMBERS AND SHALL BE ESTABLISHED IN THE FOLLOWING MANNER: 1) THE PRESIDENT OF THE CONSTITUTIONAL GUARDIAN COUNCIL SHALL

BE APPOINTED BY THE EXECUTIVE COMMITTEE OF THE SALVATION FRONT OF AFGHANISTAN. 2) FOUR FAQIHS, JUST AND ACQUAINTED WITH THE NEEDS OF THE TIME AND ISSUE OF THE DAY PRESENTED BY PRESIDENT AND APPROVED BY WOLOSI JIRGA. 3) FOUR EXPERIENCED JURISTS PRESENTED BY CHIEF JUSTICE AND APPOINTED BY PRESIDENT. ARTICLE 780 MEMBERSHIP OF THE CONSTITUTIONAL GUARDIAN COUNCIL IS INCOMPATIBLE WITH GOVERNMENTAL FUNCTIONS OR MEMBERSHIP OF NATIONAL ASSEMBLY. ARTICLE 790 BEFORE THE PRESIDENT'S SIGNATURE ALL LEGISLATION PASSED BY THE NATIONAL ASSEMBLY SHALL BE SEND TO THE CONSTITUTIONAL GUARDIAN COUNCIL. THE CONSTITUTIONAL GUARDIAN COUNCIL WITHIN A MAXIMUM PERIOD OF 15 DAYS FROM THE DATE OF ITS RECEIPT, EXPRESS OPINION ON THEIR CONFORMITY WITH THE CONSTITUTION AND SACRED RELIGION OF ISLAM IF THE CONSTITUTIONAL GUARDIAN COUNCIL FIND ANY INCONSISTENCY IN THE LEGISLATION IT SHALL NOT BE SIGNED BY THE PRESIDENT AND SHALL NOT COME INTO FORCE. THE ORGANIZATION AND RULES OF PROCEDURE OF THE CONSTITUTIONAL GUARDIAN COUNCIL SHALL BE REGULATED BY LAW.

CHAPTER NINE THE LOCAL COUNCILS ARTICLE :800 FOR THE PURPOSE OF LOCAL ADMINISTRATION THE REPUBLIC OF AFGHANISTAN IS DIVIDED INTO PROVINCES, DIVISIONS, DISTRICTS, CITIES, SUBDISTRICTS, PRECINCTS AND VILLAGES. ACCORDING TO THE INSTRUCTIONS OF THE KORAN, "... AND WHOSE AFFAIRS GO BY COUNCIL AMONGST THEMSELVES ..." AND "... TAKE COUNCIL WITH THEM IN THE AFFAIRS ..." THE BODIES OF STATE POWER IN THE ADMINISTRATIVE UNITS ARE THEIR LOCAL COUNCILS.

ARTICLE 810 1) THE MEMBERS OF LOCAL COUNCILS SHALL BE ELECTED IN A FREE, UNIVERSAL, SECRET AND DIRECT ELECTION. 2)THE LEADING BODIES OF THE LOCAL COUNCILS ARE THE EXECUTIVE COMMITTEE ELECTED BY THE LOCAL COUNCILS BY SECRET BALLOT. 3) THE EXECUTIVE COMMITTEE OF LOCAL COUNCILS ARE LED BY GOVERNORS OF PROVINCES, DIVISIONS AND DISTRICTS RESPECTIVELY AS WELL AS SUBDISTRICT ADMINISTRATORS, VILLAGE CHIEFS, MAYORS AND HEADS OF PRECINCTS ELECTED BY SECRET BALLOT. ARTICLE 820 1)LOCAL COUNCILS AND THEIR EXECUTIVE COMMITTEES SHALL DEAL WITH ALL PROBLEMS RELATING TO LOCAL ADMINISTRATION, KEEPING IN VIEW THE PUBLIC INTEREST. 2) ALL LOCAL INSTITUTIONS, ORGANIZATIONS AND OFFICES ARE DUTY BOUND TO IMPLEMENT THE DECISIONS OF THE LOCAL COUNCILS AND THEIR EXECUTIVE COMMITTEES. ARTICLE 830 1) THE BUDGET OF LOCAL COUNCILS SHALL BE REGULATED BY LAW IN A MANNER TO MAINTAIN NECESSARY BALANCE BETWEEN THE SUBORDINATION OF LOCAL BODIES TO THE CENTER AND SELF ADMINISTRATION OF LOCAL AUTHORITIES. 2) LOCAL BODIES IN ACCORDANCE TO THE PROVISIONS OF LAW CAN COLLECT LOCAL TAX FOR LOCAL ECONOMIC DEVELOPMENTS. ARTICLE 840 1)MUNICIPALITIES SHALL BE ORGANIZED TO ADMINISTER THE AFFAIRS OF THE CITIES. 2)MUNICIPAL COUNCILS SHALL BE ESTABLISHED BY FREE, UNIVERSAL, DIRECT AND SECRET ELECTION. 3)SUBJECT TO THE PROVISIONS OF THIS TITLE, MATTERS RELATING TO THE MUNICIPALITIES SHALL BE REGULATED BY LAW. ARTICLE 850 1)THE TERM OF OFFICE OF LOCAL COUNCILS IS THREE YEARS. 2)THE SALARIES OF MEMBERS OF LOCAL COUNCILS AND MUNICIPAL COUNCILS SHALL BE REGULATED BY LAW.

ARTICLE 860 THE ORGANIZATION, DUTIES, POWERS, ELECTION PROCEDURE AND ACTIVITIES OF LOCAL COUNCILS SHALL BE REGULATED BY LAW IN A MANNER TO MAINTAIN NECESSARY BALANCE BETWEEN THE SUBORDINATION OF LOCAL BODIES TO THE UNITARY AND INDIVISIBLE STATE OF AFGHANISTAN AND SELF ADMINISTRATION OF LOCAL AUTHORITIES. CHAPTER TEN AMENDMENT ARTICLE 870 1) ADHERENCE TO THE BASIC PRINCIPLES OF ISLAM AND THE REPUBLIC SYSTEM OF GOVERNMENT SHALL NOT BE SUBJECT TO AMENDMENT. 2)AMENDMENTS TO THE OTHER PROVISIONS OF THE CONSTITUTION SHALL BE MADE BY THE LOA JIRGA. 3)DECISION ON INTRODUCING AMENDMENTS TO THE CONSTITUTION SHALL BE ON THE PROPOSAL OF THE PRESIDENT OR PROPOSAL OF ONE THIRD AND APPROVAL OF TWO THIRD OF THE MEMBERS OF THE NATIONAL ASSEMBLY OR ON THE PROPOSAL OF CONSTITUTIONAL GUARDIAN COUNCIL 4) THE PRESIDENT CONVENES THE LOA JIRGA. ARTICLE 880 1) IF THE LOA JIRGA FINDS THE PROPOSAL QUALIFIED, IT SHALL APPOINT A COMMITTEE FROM ITS MEMBERS. THE COMMITTEE SHALL SEEK THE ADVICES OF CONSTITUTIONAL GUARDIAN COUNCIL AND PREPARE DRAFT OF THE AMENDMENT 2) IF THE LOA JIRGA APPROVES THE PROPOSAL WITH A TWO THIRDS MAJORITY, THE AMENDMENTS SHALL BE INTRODUCED TO THE CONSTITUTION, OTHERWISE IT SHALL REJECT THE PROPOSAL.

CHAPTER ELEVEN STATE OF EMERGENCY ARTICLE 890: WHENEVER THE PRESERVATION OF THE INDEPENDENCE, NATIONAL SOVEREIGNTY, TERRITORIAL INTEGRITY AND INTERNAL SECURITY BECOMES IMPOSSIBLE THROUGH THE CHANNELS PROVIDED FOR IN THIS

CONSTITUTION DUE TO WAR, DANGER OF WAR, DISTURBANCE OR SIMILAR CONDITIONS, A STATE OF EMERGENCY MAY BE PROCLAIMED BY THE PRESIDENT AFTER CONSULTATION WITH THE PRESIDENT OF CONSTITUTIONAL GUARDIAN COUNCIL AND CHIEF JUSTICE . THE STATE OF EMERGENCY MAY BE EXTENDED BEYOND THREE MONTHS ONLY WITH THE CONSENT OF THE LOYA JIRGA. ARTICLE 900 THE PRESIDENT SHALL ENJOY THE FOLLOWING POWERS IN A STATE OF EMERGENCY: 1) DELEGATION OF POWERS OF THE NATIONAL ASSEMBLY IN ITS ENTIRETY OR IN PART TO THE COUNCIL OF MINISTERS. 3) DELEGATION OF POWERS OF COURTS IN PART TO SPECIAL(OR EXCEPTIONAL) COURTS AND MILITARY COURTS. 4) AFTER CONSULTATION WITH THE PRESIDENT OF CONSTITUTIONAL GUARDIAN COUNCIL SUSPENSION OR LIMITATION OF THE FOLLOWING ARTICLES OF THE CONSTITUTION OF 1963 : A)PARAGRAPH 1 OF ARTICLE 28 B)PARAGRAPH 3 OF ARTICLE 29 C)PARAGRAPH 2 OF ARTICLE 31 D)PARAGRAPH 1 OF ARTICLE 32 E)PARAGRAPH 1 OF ARTICLE 33 ARTICLE 910: THE CONSTITUTION SHALL NOT BE AMENDED DURING THE STATE OF EMERGENCY. ARTICLE 920: IF THE EXTENSION OF THE TRANSITIONAL PERIOD BECOMES NECESSARY DURING A STATE OF EMERGENCY LOYA JIRGA SHALL CONVENE .LOYA JIRGA MAY EXTEND THE TRANSITIONAL PERIOD ONLY FOR ONE YEAR. CHAPTER TWELVE TRANSITIONAL PROVISIONS ARTICLE 930: 1)SUBJECT TO THE PROVISIONS OF THIS TITLE, THIS CONSTITUTION SHALL COME INTO FORCE FROM THE DATE IT IS SIGNED AND PROCLAIMED BY THE PRESIDENT. 2)AFTER THE PRESIDENT PROCLAIMS THIS CONSTITUTION, ALL STATE BODIES NOT REGULATED BY THIS CONSTITUTION SUBJECT TO THE FOLLOWING PROVISIONS ARE CONSIDERED TO BE DISSOLVED.

ARTICLE 940: THE CONSTITUENT ASSEMBLY SHALL BE CONVENED ON ( .................. )TO APPROVE THE FUTURE CONSTITUTION AND TO ELECT THE FUTURE PRESIDENT AFTER TWO YEARS FROM THE DATE OF PROCLAMATION OF THIS CONSTITUTION. ARTICLE 950: THE PERIOD BETWEEN THE PROCLAMATION OF THIS CONSTITUTION AND THE INAUGURATION OF THE CONSTITUENT ASSEMBLY SHALL BE CONSIDERED THE TRANSITIONAL PERIOD. ARTICLE 960: THE EXECUTIVE COMMITTEE OF THE SALVATION FRONT OF AFGHANISTAN FROM THE DATE OF PROCLAMATION OF THIS CONSTITUTION WITHIN ONE WEEK IS SHALL PERFORM THE FOLLOWING DUTIES: 1) TO APPROVE MEMBERSHIP OF HOUSE OF REPRESENTATIVE AND SENATE PREFERABLY FROM MEMBERS OF THE EMERGENCY LOYA JIRGA. 2) TO APPOINT THE CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT. 3) TO APPOINT THE PRESIDENT OF CONSTITUTIONAL GUARDIAN COUNCIL. 4) TO APPROVE THE BASIC LINES OF SOCIOECONOMIC SYSTEM OF THE REPUBLIC OF AFGHANISTAN DURING THE TRANSITIONAL PERIOD. 5)TO APPOINT THE PRIME MINISTER DESIGNATE TO FORM THE GOVERNMENT. 6)TO APPROVE THE NATIONAL ANTHEM OF THE REPUBLIC OF AFGHANISTAN. ARTICLE 970 1) SUBJECT TO THE ARTICLE 410 OF THIS CONSTITUTION, THE PRESIDENT INAUGURATES THE NATIONAL ASSEMBLY ON..................................... 2) THE PRIME MINISTER DESIGNATE PRESENTS HIS CABINET TO THE HOUSE OF REPRESENTATIVES FOR VOTE OF CONFIDENCE ON.................................... ARTICLE 980: THE NEW GOVERNMENT FROM THE DATE OF VOTE OF CONFIDENCE WITHIN SIX MONTHS IS BOUND TO DO THE FOLLOWING DUTIES: 1) TO PREPARE AND ISSUE ORDINANCES RELATING TO ELECTIONS OF NATIONAL ASSEMBLY, LOCAL COUNCILS, THE PRESS, POLITICAL PARTIES, JUDICIAL ORGANIZATION AND JURISDICTION AND ELECTIONS OF LOYA

JIRGA. 2) TO SUBMIT ALL THE ABOVE TO THE PRESIDENT FOR HIS SIGNATURE. ARTICLE 990: 1) WITHIN ONE YEAR FROM THE DATE OF PROCLAMATION OF THIS CONSTITUTION, THE COMMISSION OF THE FUTURE DRAFT CONSTITUTION OF AFGHANISTAN COMPLETES THE FIRST DRAFT AND SHALL SUBMIT IT TO THE MASS MEDIA FOR PUBLIC SURVEY. 2) THE DRAFT CONSTITUTION TO BE PRESENTED TO THE CONSTITUENT ASSEMBLY SHALL BE COMPLETED ON ............................ 3) SUBJECT TO THE ARTICLE 940 OF THIS CONSTITUTION THE CONSTITUENT ASSEMBLY (LOYA JIRGA) SHALL BE CONVENED ON....................... ARTICLE 1000: WITHIN THREE MONTHS FROM THE DATE OF PROCLAMATION OF THIS CONSTITUTION THE PRESIDENT IS BOND TO DO THE FOLLOWING DUTIES: 1) REORGANIZE JUDICIARY AND THE ATTORNEY OFFICE IN ACCORDANCE WITH THE DISPOSITIONS OF THIS CONSTITUTION. 2) FORM THE CONSTITUTIONAL GUARDIAN COUNCIL IN ACCORDANCE WITH THE DISPOSITIONS OF THIS CONSTITUTION. ARTICLE 1010: 1)THE TERM OF THE NATIONAL ASSEMBLY EXPIRES AT THE END OF TRANSITIONAL PERIOD. 2)THE TERM OF THE COUNCIL OF MINISTER SHALL EXPIRE AT THE END OF TRANSITIONAL PERIOD. THE COUNCIL OF MINISTERS SHALL CARRY ON ITS ACTIVITIES TILL A NEW GOVERNMENT IS FORMED. 3) WITHIN 18 MONTHS FROM THE DATE OF PROCLAMATION OF THIS CONSTITUTION , THE EXECUTIVE COMMITTEE OF THE SALVATION FRONT OF AFGHANISTAN SHALL PREPARE A PROPOSAL ON THE DATE OF ELECTIONS OF THE NATIONAL ASSEMBLY AND THE ELECTIONS OF LOCAL COUNCILS. THE PROPOSAL SHALL BE PREPARED AFTER CONSULTATION WITH THE PRESIDENT, PRIME MINISTER, AND THE PRESIDENT OF CONSTITUTIONAL GUARDIAN COUNCIL. THIS PROPOSAL SHALL BE PRESENTED TO THE CONSTITUENT ASSEMBLY( LOYA JIRGA) CHAPTER THIRTEEN FINAL PROVISIONS ARTICLE 1020:

1)THE LAWS AND OTHER LEGISLATIVE DOCUMENTS ADOPTED PRIOR TO THE ENACTMENT OF THIS CONSTITUTION SHALL REMAIN VALID, PROVIDED THEY ARE NOT REPUGNANT TO THE PROVISIONS OF THIS CONSTITUTION. 2) REPUGNANCE OF THE PROVISIONS OF LAWS ADOPTED PRIOR TO THIS CONSTITUTION WITH THE RULES OF SACRED RELIGION OF ISLAM SHALL BE EXAMINED BY THE CONSTITUTIONAL GUARDIAN COUNCIL . 3) REPUGNANCE OR NON REPUGNANCE OF THE PROVISIONS OF LAWS ADOPTED PRIOR TO THIS CONSTITUTION WITH THE RULES OF SACRED RELIGION OF ISLAM SHALL BE EXAMINED BY THE CONSTITUTIONAL GUARDIAN COUNCIL AFTER COMPLAINT OF CITIZEN. ARTICLE 1030: INTERNATIONAL TREATIES PREVIOUSLY ENTERED INTO BY THE REPUBLIC OF AFGHANISTAN AND CONVENTIONS JOINED BY IT, IF FOUND REPUGNANT TO THE PROVISIONS OF THE LAWS OF THE REPUBLIC OF AFGHANISTAN, SHALL HAVE ASCENDANCY. ARTICLE 1040: SALARIES OF THE PRESIDENT, VICE PRESIDENTS. MEMBERS OF THE NATIONAL ASSEMBLY, PRIME MINISTER, MEMBERS OF THE GOVERNMENT, CHIEF JUSTICE, JUDGES OF THE SUPREME COURT, MEMBERS OF THE CONSTITUTIONAL GUARDIAN COUNCIL, ATTORNEY GENERAL AND HIS DEPUTIES SHALL BE FIXED BY LAW. ARTICLE 1050: EXCEPT IN CASES DEFINED IN THIS CONSTITUTION, THE, PRESIDENT, VICE PRESIDENTS, PRIME MINISTER, DEPUTY PRIME MINISTERS, CHIEF JUSTICE, JUDGES OF SUPREME COURT, MEMBERS OF NATIONAL ASSEMBLY, PRESIDENT AND MEMBERS OF CONSTITUTIONAL GUARDIAN COUNCIL, DURING THEIR TENURE, SHALL NOT CONDUCT ANY TRANSACTION FOR PROFIT WITH THE STATE. ARTICLE 1060: AN ACCUSATION OF OFFENSE AGAINST THE PRESIDENT, VICE PRESIDENTS, PRIME MINISTER, DEPUTY PRIME MINISTERS, CHIEF JUSTICE, JUDGES OF SUPREME COURT, MEMBERS OF NATIONAL ASSEMBLY, ATTORNEY GENERAL, DEPUTY ATTORNEY GENERAL, PRESIDENT AND MEMBERS OF CONSTITUTIONAL GUARDIAN COUNCIL, CAN BE REGULATED BY SPECIAL LAW.

Proposed by, Mohamad Salim Modjaz PhD.

The Loya Jirga
Loya Jirga or Grand Assembly, By Afghanland.com Despite the fact that traditions of jirgas are as old as the civilisation of Afghanistan is, yet its practice to turn it into regular national phenomenon on a grand scale was owned by the more modern rulers and inhabitants of Afghanistan. Following the rise of Mirwais Khan Hotak as leader of Afghans, the jirgas became a national and regular feature for deciding matters of common concern. There are two types of Loya Jirgas: One called by the people themselves at the time of national crisis to deliberate and decide upon matters of war and peace, election of Amir or King, and restoration of national sovereignty and national independence. Secondly, when the circumstances and rules of the game compel the ruler or leader to consult people with regard to urgent and important matters, like enactment of fundamental law, ratification and endorsement of treaties reached with outside powers and defence of territorial integrity and national sovereignty. Mirwais Khan Hotak's three Jirgas held in the beginning of 18th century helped the people of Afghanistan to liberate western part of Afghanistan from the ruthless Saffavid ruler, Gurgin, in the year 1707. Loya Jirga participated by influential elders and leaders of Abdali and Ghilzai tribes, as well as representatives of other ethnic groups, especially Uzbeks, was held at Sher-i-Surkh near Kandahar City in 1747 had chosen Ahmad Khan, later Ahmed Shah Abdali, as king new and modern Afghanistan. As we see the very state of modern Afghanistan owes its existence to this time-tested tradition. From then onward, Loya Jirga became regular feature in the history of the country. When the First World War was started and the intelligentsia of the country leading the constitutionalist movement was clamouring for participation on the side of Turks and Germans and against British imperialism for wresting back their complete independence, Amir Habibullah Khan called loya Jirga in 1915 and won the approval of the Jirga for maintaining neutrality in war. King Amanullah Khan convened three more Jirgas in February 1923, in July 1924 and in August 1928. According to afghanland.com sources, The Loya Jirga of Nadir Khan was held in September 1930 to approve the rules of business for Millie shura (national council). In July 1941, Zahir Shah convened Loya Jirga to deliberate upon the Afghan position vis-a-vis Second World War. Another Loya Jirga during the Prime Ministership of Sardar Daoud Khan in November 1955, which raised the issue of Pakhtunistan under the conditions that Pakistan had come into being as inheritor of all British rights and obligations in the area. Daoud Khan also called Loya Jirga in February 1977 to legitimise his rule, pass new constitution, elect new president, get approval for launching of his national revolutionary party and ratify some laws and agreements reached with other countries. After April Communist Revolution in 1978 and especially after the invasion of Afghanistan by the Soviet Union in December 1979 the Cold War rivalries entered Afghanistan and, both sides, ruling and opposition forces resorted to this tradition. Since Jirgas held by moderate elements opposed by Mujahideen in 1980 at Peshawar, by Karmal regime in 1985 and by President Najibullah in 1987 where held under the shadow of foreign powers, therefore, their influence on the course of events was limited. The same was the fate of Shura-e-Al-o-Aqd, held in Herat in 1992 without any representation by the opposition to legitimize and prolong the rule of Burhanuddin Rabbani. Emergency Loya Jirga of 2002 Hamid Karzai, a unifying figure during his interim tenure at the head Afghan administration, was overwhelmingly elected head of state Thursday June 13 2002 by a grand council, or loya jirga. Ismail Qasim Yar, the Loya Jirga council chairman delivered the news

"We announce Hamid Karzai as the president of the coming interim government," Karzai had served six months as interim prime minister of the U.N.-organized government that took power after the fundamentalist Taliban regime was driven from power in December. Final Results of the Election from 1555 votes cast Mahfoz Nadai Hamid Karzai Dr. Masooda Jalal 89 1,295 171
11% 6%

83%

The United Nations said 1575 votes were cast and that 20 were declared invalid. A fourth candidate Glam Fareq Majidi was disqualified before the vote because he garnered only 101 signatures of support. Karzai received thunderous applause when the announcement was made placing him at the top of the Afghan administration for the next 18 months until parliamentary elections are organized. Karzai's candidacy was backed by a former mujahedeen fighter, Mohammed Asef Mohsoni, who submitted a list with 1,050 names — seven times the number required to confirm the nomination and well over half of the 1,650 delegates. In accepting the nomination before the vote, Karzai spoke to the delegates assembled in both Pashto and Dari, the country's two main languages;. "After 25 years, all the Afghans are gathering under one tent. The refugees are coming back. It is a proud moment for me, … we need security, we need peace, we need stability, we need an administration in control of all of Afghanistan, … I know many Taliban and they were taken over, hijacked by the foreign people. Those people were against Afghanistan. Those who were responsible for the massacres, those who were responsible for the burning" were foreigners. … We want an improved economy. We want the people to trust each other. We want investment in Afghanistan. We want to start a reconstruction program to rebuild the roads, the irrigation channels. We don't want to miss this chance. This is our best chance for reconstruction.... a matter of pride for me, for my friends, sisters and brothers, like you who voted for me to be head of the transitional period... God willing, I will be of service to Afghanistan, my religion and will work for the development of my country" Karzai was chosen by secret ballot — with black-and-white photos of the candidates adjacent to their names. Many delegates believe the United States and other powerbrokers have cut deals circumventing the loya jirga process. Former monarch Mohammad Zaher Shah and ex-president Burhanuddin Rabbani withdrew from candidacy for head of state and threw their support behind the U.S.-backed Karzai, causing consternation among many delegates. Emergency Loya Jirga Representatives 2,000 delegates 1,051 elected members Guaranteed seats for 160 women 53 seats for current government 100 seats for Afghan refugees and six for internally displaced Afghans 25 seats for nomads

Emergency Loya Jirga Commission 2002

Chairman Qasimyar, Ismael Vice Chair Hoquqmal, Mahbooba Abdul Aziz, Al-Haj Relations Committee Head Ahang, Kazim Commission Member Ameer, Essa Drafting Committee Head Borgai, Taher Members Jabbarkhel, Zaher Hamidi, Farid Kamal, Enayatullah Karkin, Nur Mohammed Mudaber, Dr. Sadiq Mujahed, Prof. Amin Nematy, Humaira Criteria Committee Head Nidai, Prof. Mahfooz Commission Members Parlika, Soraya Rahimy, Abdul Salam Sayed Massoud, Ustad Sebghatullah Sanjar, Colonel Seljuki, Rashid Tawana, Dr Sayed Musa Wolwaliji, Assadullah Former Head of the Afghan Red Crescent Director of the NGO Coordination of Humanitarian Aid (CHA) Master in Economics; civil servant under Rabbani and Taliban Young former military officer, anti-taliban underground activist Religious figure in Heart Former Prof. of Theology at Kabul University; teacher of Rabbani Graduate of Military Academy; historian Pashtun Pashtun Sayed Tajik Tajik Tajik Uzbek Professor of Geology and Mining in Kabul University Pashtun Previously director of Nasir Bagh refugee camp, near Peshawar Lecturer in Law and Political Science, anti-Taliban student leader Lecturer in the Sharia Faculty, Kabul University; Former civil servant in Northern Afghanistan Former Deputy Minister of Labor and Social Affairs Professor of History in the University of Kabul Professor of Law in Balkh University (Mazar-i Sharif) Pashtun Pashtun Uzbek Turkmen Hazara Pashtun Tajik PhD Germany in Law and science; lecturer Kabul University Pashtun Teacher, 25 years experience in education Hazara Head of the Faculty of Journalism in the University of Kabul Tajik Professor of Law & Political Science in the University of Kabul Professor; Dean of the Sharia Faculty of Kabul University Tajik Pashtun Lawyer, expert in constitutional law Qizilbash

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File Format: PDF/Adobe Acrobat - View as HTML Afghanistan Reconstruction and Development Services. (ARDS). 1. OVERVIEW:. Technical Working Groups (TWGs). For Afghanistan’s Millennium Development Goals ... www.ands.gov.af/src/src/gen_info/4-TWGs_Overview.pdf - Similar pages

Xinhua - English
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About the Afghanistan Reconstruction Group at the US Embassy Kabul ...
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InterAction.org | Media
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SUCCESS OF AFGHANISTAN RECONSTRUCTION WILL BE MEASURED IN LIVES ...
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Afghanistan: Recon- struction and Peace- building in a Regional ...

File Format: PDF/Adobe Acrobat - View as HTML should focus on incentives for the reconstruction of Afghanistan. They should lead to immediate efforts to support education for Af- ... www.institute-for-afghan-studies.org/ AFGHAN%20CONFLICT/Analysis/1_2001.pdf Similar pages

Hobson's Choice: Afghanistan Reconstruction
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PO-809: Afghanistan Reconstruction And Development Meeting ...
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Discussion Forum on Afghanistan Reconstruction: <small>What kind ...
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Minister of State Conor Lenihan pledges €5 million for ...
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US will head Afghanistan reconstruction
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University of Kentucky News -- news.uky.edu
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Getty Images: State Department Briefs Press On Afghanistan ...
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PROVINCIAL RECONSTRUCTION TEAMS IN AFGHANISTAN POSITION PAPER ...
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File Format: PDF/Adobe Acrobat - View as HTML AFGHANISTAN RECONSTRUCTION WORKING GROUP. APRIL 23, 2003. InterAction members working on Afghanistan were pleased to receive the guidelines ... www.interaction.org/files.cgi/ 1541_FINAL_PRT_POSITION_PAPER.pdf - Similar pages

CorpWatch : Afghanistan: New World Bank Grants Worth US$90 Million ...
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AFGHANISTAN’S RECONSTRUCTION

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University of York team to assess Afghanistan's reconstruction ...
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SECURITY COUNCIL WELCOMES $8.2 BILLION COMMITMENT FOR AFGHANISTAN ...
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FDU Press Release: Afghanistan: Reconstruction and Revival
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Adopt a Province
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WPJ Winter 2002/03 - Regional Issues in the Reconstruction of ...
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Bretton Woods Project
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Refugees International: Articles: UNDP Administrator, Mark Malloch ...
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Prepared Remarks of Grant D. Aldonas to the Opening Plenary ...
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China to Send Special Envoy to Tokyo Meeting on Afghanistan ...
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News & Broadcast - Afghanistan Uses Reconstruction Trust Fund To ...
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