Constitution of afghanistan 2004 montpelier context. Belaruss constitution of 1994 with amendments through 2004. Implementation of the provisions of this constitution and other laws, defending. Any person, whose fundamental rights have been violated can file complaint to the. President hamid karzai has signed afghanistan s new constitution into law, a document that gives him sweeping powers but exposed divisions when it. Article two the religion of afghanistan is the sacred religion of islam.
Pashtun, tajik, hazara, uzbak, turkman, baluch, pashai, nuristani, aymaq, arab, qirghiz, qizilbash, gujur, brahwui and others. The constitution was formally ratified by president. The full text of the constitution may be found below. From amongst pashto, dari, uzbeki, turkmani, baluchi, pachaie, nuristani, pamiri, and other current languages in the country, pashto and dari shall be the official languages of the state. Afghanistan, official gazette, laws, regulations, decrees, ministry of justice created date. In part iv, we present several methods of constitutional interpretation, providing you with analytical frameworks to use as you study the constitution. This electoral law containing 11 chapters and 62 articles and approved by the council of ministers through decision number 10 on 12 may 2004, is hereby signed. Constitutional history of afghanistan constitutionnet. Section iv highlights some of the most important aspects of afghanistan s new constitution, such as the separation and balance of powers of government, local andor regional powersharing, and the role of islam.
President of the transitional islamic state of afghanistan on the adoption of electoral law number. The citizenship and asylum related matters shall be regulated by law. It is estimated that more than threequarters of afghanistan s nearly 12 million registered voters cast ballots. Whether a citizen of afghanistan who had left the country in 1994 continues to retain his or her citizenship. Followers of other religions are free to perform their religious ceremonies within the limits of the provisions of law. The law on structure, duties and mandate of the afghanistan independent human rights. State of afghanistan immigration and refugee board of canada 2004, afg42910.
The present constitution of the islamic republic of afghanistan was agreed upon by more than 500 delegates representing afghan men and women from across the country at the constitutional loya jirga december, 2003 january 4, 2004. Article 62 of the constitution of afghanistan of 2004 states that a candidate for the office of. Afghanistans political and constitutional development. Constitution of afghanistan 2004 constitution of afghanistan 2004 constitution of afghanistan 2004 constitution of afghanistan 2004 constitution of afghanistan 2004 constitution of afghanistan 2004 draft constitution for the transitional period. The nation of afghanistan consists of all individuals who are the citizen of afghanistan. The national anthem of afghanistan shall be in pashtu and mention allahu akbar and the names of the ethnic groups of afghanistan. Chapter ii fundamental rights and duties of citizens article 22 equality icl afghanistan constitution page 3 of 9.
As with all alep textbooks, the content of an introduction to the constitutional law of afghanistan 2nd edition is the product of extensive collaboration. The constitution of the islamic republic of afghanistan the present constitution of the islamic republic of afghanistan was agreed upon by more than 500 delegates representing afghan men and women from across the country at the constitutional loya jirga december, 2003 january 4, 2004. Article three in afghanistan, no law can be contrary to the sacred religion of islam and the values of this constitution. Constitution of afghanistan 2004 table of contents. The constitution of afghanistan ace electoral knowledge. Click the link for afghanistan constitution pdf file on ministry of justice website the present constitution of the islamic republic of afghanistan was agreed upon by more than 500 delegates representing afghan men and women from across the country at the constitutional loya jirga december, 2003 january 4, 2004. A step forward key findings the afghan constitution marks a new era for the wartorn country. Rubin o n 4 january 2004, nearly all 502 members of the constitutional loya jirga grand council meeting in kabul silently stood to approve a new constitution for the islamic republic of afghanistan. The constitution of afghanistan is the supreme law of the state of afghanistan, which serves as. Have, herein, approved this constitution in accordance with the historical, cultural and social realities as well as requirements of time through our elected representatives in the loya jirga, dated january 3, 2004. The religion of the state of the islamic republic of afghanistan is the sacred.
Constitution chapter 9 islamic republic of afghanistan. Constitutions by country government documents of afghanistan 2004 in law. Article 83 of the constitution reserves 27% of seats in the lower house of the bicameral parliament wolesi jirga for afghan women with the intent of electing two women from each province into the lower house. The constitution recognizes islam as the national religion, commits to the universal declaration of human rights, and pledges to fight terrorism and narcotics production. Making the 2004 constitution of afghanistan scholarly publishing.
Issuance of currency, and formulation and implementation of monetary policy of the country are the mandates of the central bank in accordance with law. In contrast to earlier documents, the constitution of 1964 was the product of extensive. And, eventually, regain afghanistan s appropriate place in the international family. The word afghan shall apply to every citizen of afghanistan.
No individual of the nation of afghanistan shall be deprived of citizenship. In terms of content, we thank auaf professors ghizaal haress and mohammad isaqzadeh, who provided extensive chapterby. The new constitution, as adopted on january 4, 2004, defines afghanistan as a unitary islamic republic, in which no law can be contrary to the beliefs and provisions of the sacred religion of islam and the values of the constitution. Afghanistan is an islamic republic independent, unitary and indivisible state.
Afghanistans political and constitutional development abstract the events of 11 september brought dramatic changes to the political landscape of afghanistan. There are laws in afghanistan that were passed long before the 2004 constitution, and one is not sure whether they are all compatible with the letter and spirit of the new constitution. Unlike in the wake of the soviet withdrawal in 1989, this time the. Afghanistan constitution adopted by grand council on. Article 5 implementing the provisions of this constitution and other laws, defending independence, national. Afghanistan s political and constitutional development. However, with less than 250,000 or about 1% of people registered to vote so far only one fifth of these are women, elections are likely to be delayed until september 2004. Please refer to offic ial pashtu and dari texts for accuracy. Constitution of the islamic republic of afghanistan. In afghanistan, no law can be contrary to the beliefs and provisions of the sacred religion of islam.
Afg 2004 c664 unofficial translation provided with permission by the united nations assistance mission in afghanistan. Consider these provisions from the 2004 constitution of afghanistan. Followers of other religions are free to perform their religious rites within the limits of the provisions of law. Constitution of the islamic republic of afghanistan 2004 english. President hamid karzai signed and officially promulgated the document on 26. The constitution of the islamic republic of afghanistan, approved january 4 by a 502member assembly in kabul, creates a nation that pledges. The constitution was formally ratified by president hamid karzai at a ceremony in kabul on january 26, 2004. Through this analysis, it normatively judges afghan constitutions by examining whether they coordinated the various disparate factions of this deeply divided country. Article 21 capital the capital of afghanistan is the city of kabul. Official gazette of afghanistan pajhwok afghan news. The constitution was formally ratified by president hamid karzai at a ceremony in kabul on january 26.
The 2004 constitution was designed to take into account the social, political, and religious dynamic of afghanistan, and it established an islamic republic. Afghanistan is made up of 34 administrative provinces, which according to the constitution will each have. An election to the office of president of afghanistan was held on october 9, 2004. Central bank article 12 the afghanistan bank shall be independent and the central bank of the state. The constitution of afghanistan is the supreme law of the state of afghanistan, which serves as the legal framework between the afghan government and the afghan citizens. It is bordert bi pakistan in the sooth an east, iran in the wast, turkmenistan, uzbekistan an tajikistan in the north, an cheenae in the far northeast. Asianlii databases constitution of afghanistan 2004 database search name search. Afghanistan is an islamic republic, independent, unitary and indivisible state. The constitution of the islamic republic of afghanistan. In 2003, afghanistan ratified the united nations convention on the elimination of all forms of discrimination against women. Twelve candidates received less than 1% of the vote.
Constitution 2004 the resource consists of the constitution of afghanistan as promulgated and enacted in 2004 afg constitution2004. Although afghanistan afghan empire was made a state in 1747 by ahmad shah durrani, the earliest afghan constitution was written during the reign of emir abdur rahman khan in the 1890s followed by the 1923 version. The constitution of afghanistan, though enshrining the internationally recognized principle of a free, universal, secret, and direct vote for elected institutions, is a flawed document when it comes to many of the details of the electoral process in the country. Home about afghanistan constitution the constitution of afghanistan chapter 9 the state of emergency article 143 if because of war, threat of war, serious rebellion, natural disasters or similar conditions, protection of independence and national life become impossible through the channels specified in this constitution, the state of emergency shall be proclaimed by the resident. The constitution of afghanistan year 82 in the name of god, the merciful, the compassionate contents preamble chapter onethe state 21 articles. Constitution of the islamic republic of afghanistan 2004. The territories nou comprisin afghanistan hae been an ancient focal pynt o the silk road an. Article 22 of the 2004 constitution of the islamic republic of afghanistan provides that the citizens of afghanistan have equal rights and duties before the law.
In afghanistan, no law can be contrary to the beliefs and provisions of the. The religion of afghanistan is the sacred religion of islam. Clj, and ratifying the new constitution at the clj. For the first time in more than two decades, there was a real possibility of peace and stability in the country. One such change was the guaranteeing of womens political participation under afghanistan s constitution of 2004.
322 784 1377 264 553 1502 995 1264 735 548 1092 281 1245 581 621 1130 569 1097 550 752 1454 1529 1416 1323 1247 1289 1060 467 1208 544 1274 368 1477 1492 668