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Consititutional Law Of Afghanistan- Part 01

  7/7/2013

Preamble

In the name of God, the Merciful, the Compassionate, We the people of Afghanistan:
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 1
Afghanistan is an Islamic Republic, independent, unitary and indivisible state.

Article 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 3
In Afghanistan, no law can be contrary to the sacred religion of Islam and the values of this Constitution.

Article 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 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 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 7
The state shall abide by the United Nations charter, international treaties, international conventions that Afghanistan has signed, and the Universal  eclaration of Human Rights.
The state prevents all types of terrorist activities, production and smuggling of narcotics.

Article 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 9
Mines, underground resources are properties of the state.
Law shall regulate protection, use, management, and mode of utilization of the public properties.

Article 10
The State encourages and protects private capital investments and enterprises based on the market economy and guarantee their protection in accordance with the provisions of law.

Article 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 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 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 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 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 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 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 18
The calendar of the country shall be based on the pilgrimage of the Prophet (PBUH).
The basis of work for state offices is the solar calendar.
Friday is a public holiday.
Other holidays shall be regulated by law.

Article 19
The Afghan flag is made up of three equal parts, with black, red and green colors bordering 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 20
The National Anthem of Afghanistan shall be in Pashtu.

Article 21
The capital of Afghanistan is the city of Kabul.
Chapter Two Fundamental Rights and Duties of Citizens

Article 22
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 23
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 24
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 25
Purity of heart is the original state.
An accused is considered innocent until convicted by a final decision of an authorized court.







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