The Constitution of Afghanistan - 2004.pdf

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Islamic Republic of Afghanistan
The Constitution of Afghanistan
(Ratified) January 26, 2004
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
13, 2003 - January 4, 2004).
The Constitution was
formally ratified by President Hamid Karzai at a ceremony in Kabul on January 26, 2004.
The full text of the Constitution may be found below. Note: this is an unofficial English
translation of the Constitution. In any conflict between this and the original Dari / Pashto
Constitution, the Dari / Pashto version shall take precedence.
Islamic Republic of Afghanistan
The Constitution
In the name of Allah, the Most Beneficent, the Most Merciful
Contents
Preamble
Chapter One:
State (21 articles)
Chapter Two:
Fundamental Rights and Duties of Citizens (38 articles)
Chapter Three:
The President (11 articles)
Chapter Four:
Government (10 articles)
Chapter Five:
National Assembly (29 articles)
Chapter Six:
Loya Jirga (6 articles)
Chapter Seven:
The Judiciary (20 articles)
Chapter Eight:
Administration (7 articles)
Chapter Nine:
State of Emergency (6 articles)
Chapter Ten:
Amendments (2 articles)
Chapter Eleven:
Miscellaneous Provisions (7 articles)
Chapter Twelve:
Transitional Provisions (5 articles)
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Islamic Republic of Afghanistan
The Constitution
Preamble
In the name of Allah, the Most Beneficent, the Most Merciful
Praise be to Allah, the Cherisher and Sustainer of Worlds; and Praise and Peace be upon
Mohammad,
His Last Messenger and his disciples and followers.
We the people of Afghanistan:
•
Believing firmly in Almighty God, relying on His divine will and adhering to the
Holy religion of Islam;
Realizing the previous injustices, miseries and innumerable disasters which have
befallen our country;
Appreciating the sacrifices, historical struggles, jihad and just resistance of all the
peoples of Afghanistan, admiring the supreme position of the martyr’s of the
country’s freedom;
Comprehending that a united, indivisible Afghanistan belongs to all its tribes and
peoples;
Observing the United Nations Charter as well as the Universal Declaration of
Human Rights;
•
•
•
•
And in order to:
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Islamic Republic of Afghanistan
The Constitution
•
Strengthen national unity, safeguard independence, national sovereignty and
territorial integrity of the country;
Establish an order based on the peoples’ will and democracy;
Form a civil society void of oppression, atrocity, discrimination as well as
violence, based on rule of law, social justice, protecting integrity and human
rights, and attaining peoples’ freedoms and fundamental rights;
Strengthen political, social, economic as well as defense institutions;
Attain a prosperous life and sound living environment for all inhabitants of this
land;
And, eventually, regain Afghanistan’s appropriate place in the international
family;
•
•
•
•
•
Have, herein, approved this constitution in accordance with the historical, cultural and social
realities as well as requirements of time through our elected representatives in the Loya Jirga,
dated January 3, 2004, held in the city of Kabul.
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Islamic Republic of Afghanistan
The Constitution
Chapter One:
State
Article One
Afghanistan shall be an Islamic Republic, independent, unitary and indivisible state.
Article Two
The sacred religion of Islam is the religion of the Islamic Republic of Afghanistan. Followers of
other faiths shall be free within the bounds of law in the exercise and performance of their
religious rituals.
Article Three
No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan.
Article Four
National sovereignty in Afghanistan shall belong to the nation, manifested directly and through
its elected representatives. The nation of Afghanistan is composed of all individuals who
possess the citizenship of Afghanistan. The nation of Afghanistan shall be comprised of
Pashtun, Tajik, Hazara, Uzbek, Turkman, Baluch, Pachaie, Nuristani, Aymaq, Arab, Qirghiz,
Qizilbash, Gujur, Brahwui and other tribes. The word Afghan shall apply to every citizen of
Afghanistan. No individual of the nation of Afghanistan shall be deprived of citizenship. The
citizenship and asylum related matters shall be regulated by law.
Article Five
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