(Unofficial Translation)
(Please refer to official Pashtu and Dari texts for accuracy)
The Constitution of
Year 1382
In the Name of God, the Merciful, the Compassionate
Contents
Preamble
Chapter one-------------The State (21 Articles)
Chapter two------------The Fundamental Rights and Duties of Citizens (37 Articles)
Chapter three-----------The President (11 Articles)
Chapter four------------The Government (10 Articles)
Chapter five -----------The National Assembly (29 Articles)
Chapter six-------------The Loya Jirga (6 Articles)
Chapter seven--------- The Judiciary (20 Articles)
Chapter eight---------- The Administrative Division (7 Articles)
Chapter nine----------- The State of Emergency (6 Articles)
Chapter ten------------ Amendments (2 Articles)
Chapter eleven ------ The Miscellaneous Provisions (5 Articles)
Chapter twelve-------- The Transitional Provisions (4 Articles)
In the name of God, the Merciful, the Compassionate
Preamble
We the people of
1. With firm faith in God Almighty and
relying on His mercy, and Believing in the
Sacred religion of Islam,
2. Observing the United Nations Charter and respecting the Universal Declaration of Human Rights,
3. Realizing the injustice and shortcoming of the past, and the numerous troubles imposed on our country,
4.
While
acknowledging the sacrifices and the historic struggles, rightful Jehad and
resistance of the Nation, and respecting the high position of the martyrs for
the freedom of
5.
Understanding the
fact that
6. For consolidating, national unity, safeguarding independence, national sovereignty, and territorial integrity of the country,
7. For establishing a government based on people's will and democracy,
8. For creation of a civil society free of oppression, atrocity, discrimination, and violence, based on rule of law, social justice, protection of human rights, and dignity, and ensuring fundamental rights and freedoms of the people,
9. For strengthening of political, social, economic, and defensive institutions of the country,
10. For ensuring a prosperous life, and sound environment for all those residing in this land,
11.
And finally for
regaining
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
Chapter One
The State
Article One
Article Two
The religion of
Followers of
other religions are free to perform their religious ceremonies within the
limits of the provisions of law.
Article Three
In
Article Four
National sovereignty in
The nation of
The word Afghan
applies to every citizen of
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
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
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
The state shall
abide by the UN charter, international treaties, international conventions that
The state
prevents all types of terrorist activities , production and smuggling of
narcotics.
Article Eight
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
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
The State
encourages and protects private capital investments and enterprises based on
the market economy and guarantee their protection in accordance with the
provisions of law.
Article Eleven
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
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
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
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
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
Publications and
radio and television broadcasting are free in all other languages spoken in the
country.
Article Seventeen
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
The calendar of the country shall be based on the pilgrimage of the Prophet (PBUH).
The basis of work for state offices is the solar calendar.
Friday is a public holiday.
Other holidays shall be regulated by law.
Article Nineteen
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
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 “
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
The capital of
Article Twenty-tow Ch. 2, Art. 1
Any kind of discrimination and privilege
between the citizens of
The citizens of
Article Twenty-Three
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
The state has the duty to respect and protect the liberty and dignity of human beings.
Article Twenty-Five
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
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
No citizen of
No Afghan would be sentenced to deprivation of citizenship or to exile inside the country or abroad.
Article Twenty-Nine
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
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
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
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
The citizens of
Law regulates the conditions and means to exercise this right.
Article Thirty- Four
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
The citizens of
The citizens of
1. The program and charter of the party are not contrary to the principles of sacred religion of Islam, and the provisions and values of this Constitution.
2. The organizational structure, and financial sources of the party are made public.
3. The party does not have military or paramilitary aims and structures.
4. Should have no affiliation to a foreign political party or sources.
Formation and functioning of a party based on ethnicity, language, religion and region is not permissible.
A party set up in accordance with provisions of the law shall not be dissolved without lawful reasons and the decision of an authorized court.
Article Thirty-Six
The citizens of
Article Thirty-Seven
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
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
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
Article Forty
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
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
Education is the right of all citizens of
The state is obliged to devise and
implement effective programs for a balanced expansion of education all over
The state is also required to provide the opportunity to teach native languages in the areas where they are spoken.
Article Forty-Four
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
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
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
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
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
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
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
This rights has
no limits, unless violation of the rights of the others.
The citizens of
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
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
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
The defense of the country is the
responsibility of all citizens of
The conditions for military services are regulated by law.
Article Fifty-Six
Observing the provisions of the
Constitution, obeying the laws, adhering to public law and order are the duties
of all people of
Ignorance about the provisions of law is not considered an excuse.
Article Fifty-Seven
The state guarantees the rights and
liberties of the foreign citizens residing in
Theses people
are obliged to observe the laws of the state of
Article Fifty-Eight.
The State, for
the purpose of monitoring, observation of human rights in
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
No one can misuse the rights and freedoms under this Constitution against independence, territorial integrity, national unity, sovereignty and national unity.
Article Sixty
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
The President is
elected by receiving more than 50% of the votes cast through free, general,
secret, and direct voting.
The presidential term is expired at the first of (Jawza) of the fifth 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 Sixty-Two
Presidential candidates should posses the following qualifications:
1-
Should be citizen
of
2- On the day of becoming a candidate, his age should not be less than forty years.
3- Should not have been convicted of crimes against humanity, criminal act, or deprivation of the civil rights by a court.
No one can be
elected as president for more than two terms.
The provision of
this article is applied to the Vice President as well.
Article Sixty-three Ch. 3, Art. 4
The President-elect, prior to resumption of his/her duties, performs the following oath of allegiance in the presence of members of the National Assembly and the chief justice:
“In the name Allah, the Merciful, the Compassionate
In the name Allah Almighty, in the presence of you representatives of the nation of Afghanistan, I swear to obey and safeguard the provisions of the sacred religion of Islam, to observe the Constitution and other laws of Afghanistan and supervise their implementation; to safeguard the independence, national sovereignty, and the territorial integrity of Afghanistan and the fundamental rights and interests of the people of Afghanistan, and with the assistance of God and the support of the nation, to make great and sincere efforts for the happiness and progress of the people of Afghanistan.”
Article Sixty-Four
The power and duties of the President are as follows:
1- Supervising the implementation of the Constitution.
2- Determining the fundamental policies of the state.
3-
Being the Command-in-Chief of the armed forces
of
4- Declaration of war and ceasefire with the approval of the National Assembly.
5- Taking the required decision during defending of territorial integrity and protecting of the independence.
6- Sending contingents of the armed forces to foreign countries with the approval of the National Assembly.
7- Convening Loya Jirga except in a situation stated in Article Sixty-eight f this Constitution.
8- Declaring the state of emergency and ending it with the approval of the National Assembly.
9- Inaugurating the National Assembly and the Loya Jirga.
10- Accepting resignation of the Vice President.
11- Appointing of Ministers and the Attorney General with the approval of the Wolesi Jirga, and acceptance of their dismissal and resignation.
12- Appointing the head and members of the Supreme Court with the approval of the Wolesi Jirga.
13- Appointment, retirement and acceptance of resignation and dismissal of judges, officers of the armed forces, police, national security, and high-ranking officials in accordance with the law.
14- Appointment of
heads of diplomatic missions of
15- Accepting the credentials of diplomatic missions in
16- Signing of laws and legislative decrees.
17- Issuing credential letter for the conclusion of bi-lateral and international treaties in accordance with the provisions of law.
18- Reducing and pardoning penalties in accordance with law.
19- Issuing medals, and honorary titles in accordance with the provision of law.
20- Appointment of the Governor of De Afghanistan Central Bank with the approval of the Wolesi Jirga.
21- The establishment of commissions for the improvement of the administrative condition of the country, in accordance with law.
22- Exercising other authorities in accordance with the provisions of this Constitution.
Article Sixty-Five
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
The President takes into consideration the
supreme interests of the people of
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
In case of resignation, impeachment ,or death of the President, or of a serious illness that could hinder the performance of duties, the Vice President undertakes his duties and authorities.
The President
declares his resignation personally to the National Assembly.
The serious illness shall be proved by an authorized medical committee appointed by the Supreme Court.
In this case,
election for the new President shall be held within the period of three months
in accordance with the article 61 of this constitution.
During the time
when the Vice President fills in as the interim President, he cannot perform
the following:
1. Amendment of the constitution
2. Dismissal of ministers.
3. Call for a referendum.
During this period the Vice President can nominate
himself as a candidate for the post of President in accordance with the
provisions of this constitution.
In the absence of the President, the duties of the Vi