ProfilAfghanistan

1. Nama Resmi : Islamic Republic of Afghanistan2. Ibu Kota Negara : Kabul3. Konstitusi : 20044. Bahasa Resmi : Persia (Dari), Pashtu5. Bentuk Negara : Kesatuan6. Sistem Pemerintahan : Presidensiil7. Bentuk Pemerintahan : Republik Islam8. Kepala Negara : Presiden, dipilih melalui pemilu untuk jangka waktu 5 tahun dan masa

jabatan maksimal 2 periode9. Kepala Pemerintahan : Perdana Menteri10. Lembaga Legislatif : Parlemen dengan dua dewan yaitu Wolesi Jirga (House of the People) dan

Meshrano Jirga (House of Elders).11. Lembaga Yudikatif : Stera Mahkama (Mahkamah Agung), yang membawahi pengadilan-

pengadilan pada tiap distrik.

In the name of God, the Merciful, the Compassionate

PreambleWe the people of Afghanistan:1. With firm faith in God Almighty and relying on His lawful mercy, and Believing in the Sacred

religion of Islam,2. Realizing the injustice and shortcoming of the past, and the numerous troubles imposed on our

country,3. While acknowledging the sacrifices and the historic struggles, rightful Jehad and just resistance of

all people of Afghanistan, and respecting the high position of the martyrs for the freedom ofAfghanistan,

4. Understanding the fact that Afghanistan is a single and united country and belongs to all ethnicitiesresiding in this country,

5. Observing the United Nations Charter and respecting the Universal Declaration of Human Rights,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 and based

on the rule of law, social justice, protection of human rights, and dignity, and ensuring thefundamental 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 Afghanistan’s deserving place in the international community,

Have adopted this constitution in compliance with historical, cultural, and social requirements of theera, through our elected representatives in the Grand Council [Loya Jirga] dated 14 Jaddi 1382 in the cityof Kabul.

Constitution ofthe Islamic Republic of Afghanistan

Chapter I The State

Article 1Islamic Republic

Afghanistan is an Islamic Republic, independent,unitary and indivisible state.

Article 2Religions

(1) The religion of the state of the IslamicRepublic of Afghanistan is the sacred religionof Islam.

(2) Followers of other religions are free toexercise their faith and perform their religiousrites within the limits of the provisions oflaw.

Article 3Law and Religion

In Afghanistan, no law can be contrary to the beliefsand provisions of the sacred religion of Islam.

Article 4Sovereignty, Ethnic Groups, Citizenship

(1) National sovereignty in Afghanistan belongsto the nation that exercises it directly orthrough its representatives.

(2) The nation of Afghanistan consists of allindividuals who are the citizen ofAfghanistan.

(3) The nation of Afghanistan is comprised ofthe following ethnic groups: Pashtun, Tajik,Hazara, Uzbak, Turkman, Baluch, Pashai,

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Nuristani, Aymaq, Arab, Qirghiz, Qizilbash,Gujur, Brahwui and others.

(4) The word Afghan applies to every citizen ofAfghanistan.

(5) No member of the nation can be deprivedof his citizenship of Afghanistan.

(6) Affairs related to the citizenship and asylumare regulated by law.

Article 5Territorial Integrity

Implementation of the provisions of thisconstitution and other laws, defendingindependence, national sovereignty, territorialintegrity, and ensuring the security and defensecapability of the country, are the basic duties ofthe state.

Article 6Purposes

The state is obliged to create a prosperous andprogressive society based on social justice,protection of human dignity, protection of humanrights, realization of democracy, and to ensurenational unity and equality among all ethnic groupsand tribes and to provide for balanced developmentin all areas of the country.

Article 7International Law

(1) The state shall abide by the UN charter,international treaties, internationalconventions that Afghanistan has signed, andthe Universal Declaration of Human Rights.

(2) The state prevents all types of terroristactivities, production and consumption ofintoxicants (muskirat), production andsmuggling of narcotics.

Article 8State Policy

The state regulates the policy of the country onthe basis of preserving the independence, nationalinterests, territorial integrity, non-aggression, goodneighborliness, mutual respect, and equal rights.

Article 9Natural Resources

(1) Mines, underground resources are propertiesof the state.

(2) Protection, use, management, and mode ofutilization of the public properties shall beregulated by law.

Article 10Private Investments

The State encourages and protects private capitalinvestments and enterprises based on the marketeconomy and guarantees their protection inaccordance with the provisions of law.

Article 11Trade

Affairs related to the domestic and external tradeshall be regulated by law in accordance with theneeds of the national economy and public interests.

Article 12Bank

(1) Da Afghanistan Bank is the central andindependent bank of the state.

(2) Issuance of currency, and formulation andimplementation of monetary policy of thecountry are the mandates of the central bankin accordance with law.

(3) The central bank shall consult with theeconomic committee of the House ofRepresentatives [Wolesi Jirga] in mattersrelated to the printing of money.

(4) Structure and operation of this bank shall beregulated by law.

Article 13Economy

The state shall formulate and implement effectiveprograms for development of industries, growthof production, increasing of public living standards,and support to craftsmanship.

Article 14Farming, Housing

(1) The state shall design and implement withinits financial resources effective programs fordevelopment of agriculture and animalhusbandry, improving the economic, social

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and living conditions of farmers, herders,settlement and living conditions of nomads.

(2) The state adopts necessary measures forhousing and distribution of public estates todeserving citizens in accordance within itsfinancial resources and the law.

Article 15Environment

The state is obliged to adopt necessary measuresfor safeguarding forests and the environment.

Article 16Languages

(1) From among the languages of Pashtu, Dari,Uzbeki, Turkmani, Baluchi, Pashai, Nuristani,Pamiri (alsana), Arab and other languagesspoken in the country, Pashtu and Dari arethe official languages of the state.

(2) The Turkic languages (Uzbaki and Turkmen),Baluchi, Pashai, Nuristani and Pamiri (alsana)are — in addition to Pashto and Dari — thethird official language in areas where themajority speaks them. The practical modalitiesfor implementation of this provision shall bespecified by law.

(3) The state adopts and implements effectiveplans for strengthening, and developing alllanguages of Afghanistan.

(4) Publications and radio and televisionbroadcasting are allowed in all languagesspoken in the country.

Article 17Education

The state shall adopt necessary measures forpromotion of education in all levels, developmentof religious education, organizing and improvingthe conditions of mosques, madrasas and religiouscenters.

Article 18Calendar

(1) The calendar of the country shall be basedon the flight of the Prophet (PBUH).

(2) The basis of work for state offices is thesolar calendar.

(3) Fridays and the 28 Asad and the 8 Sawr arepublic holidays. Other holidays shall beregulated by law.

Article 19Flag, Insignia, Emblem

(1) The Afghan flag is made up of three equalparts, with black, red and green colorsjuxtaposed from left to right perpendicularly.

(2) The width of every colored piece is equal tohalf of its length. The national insignia islocated in the center of the flag.

(3) The national insignia of the state ofAfghanistan is composed of Mehrab andpulpit in white color.

(4) Two flags are located on its two sides. In theupper-middle part of the insignia the sacredphrase of “There is no God but Allah andMohammad 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 branchesof wheat.

(5) The law shall regulate the use of nationalflag and emblem.

Article 20Anthem

The National Anthem of Afghanistan shall be inPashtu and mention “Allahu Akbar” and the namesof the ethnic groups of Afghanistan.

Article 21Capital

The capital of Afghanistan is the city of Kabul.

Chapter IIFundamental Rights and Duties of Citizens

Article 22Equality

(1) Any kind of discrimination and privilegebetween the citizens of Afghanistan areprohibited.

(2) The citizens of Afghanistan — whether manor woman — have equal rights and dutiesbefore the law.

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Article 23Life

Life is a gift of God and a natural right of humanbeings. No one shall be deprived of this right exceptby the provision of law.

Article 24Liberty, Human Dignity

(1) Liberty is the natural right of human beings.This right has no limits unless affecting therights of others or public interests, which areregulated by law.

(2) Liberty and dignity of human beings areinviolable.

(3) The state has the duty to respect and protectthe liberty and dignity of human beings.

Article 25Presumption of Innocence

(1) Innocence is the original state.(2) An accused is considered innocent until

convicted by a final decision of an authorizedcourt.

Article 26Criminal Responsibility

(1) Crime is a personal action.(2) The prosecution, arrest, and detention of an

accused and the execution of penalty cannot affect another person.

Article 27Punishment

(1) No act is considered a crime, unlessdetermined by a law adopted prior to thedate the offense is committed.

(2) No person can be pursued, arrested ordetained but in accordance with provisionsof law.

(3) No person can be punished but in accordancewith the decision of an authorized court andin conformity with the law adopted beforethe date of offense.

Article 28Extradition

(1) No citizen of Afghanistan accused of a crimecan be extradited to a foreign state unlessaccording mutual agreement and internationalconventions that Afghanistan has joined.

(2) No Afghan would be sentenced todeprivation of citizenship or to exile insidethe country or abroad.

Article 29Torture

(1) Torture of human beings is prohibited.(2) No person, even with the intention of

discovering the truth, can resort to torture ororder the torture of another person who maybe under prosecution, arrest, or imprisoned,or convicted to punishment.

(3) Punishment contrary to human integrity isprohibited.

Article 30Compulsion, Confession

(1) Any statement, testimony, or confessionobtained from an accused or of anotherperson by means of compulsion, are invalid.

(2) Confession to a crime is: a voluntaryconfession before an authorized court by anaccused in a sound state of mind.

Article 31Defence

(1) Every person upon arrest can seek an advocateto defend his rights or to defend his case forwhich he is accused under the law.

(2) The accused upon arrest has the right to beinformed of the attributed accusation and tobe summoned to the court within the limitsdetermined by law.

(3) In criminal cases, the state shall appoint anadvocate for a destitute.

(4) The confidentiality of oral, written ortelephonic communications between anadvocate and his accused client are immunefrom invasion.

(5) The duties and authorities of advocates shallbe regulated by law.

Article 32Debt Relief

(1) Being in debt does not limit a person’s freedomor deprive him of his liberties.

(2) The mode and means of recovering a debtshall be regulated by law.

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Article 33Electoral Rights

(1) The citizens of Afghanistan have the right toelect and be elected.

(2) Law regulates the conditions and means toexercise this right.

Article 34Expression, Press, Media

(1) Freedom of expression is inviolable.(2) Every Afghan has the right to express his

thought through speech, writing, orillustration or other means, by observing theprovisions stated in this Constitution.

(3) Every Afghan has the right to print or publishtopics without prior submission to the stateauthorities in accordance with the law.

(4) Directives related to printing house, radio,television, press, and other mass media, willbe regulated by the law.

Article 35Organizations, Parties

(1) The citizens of Afghanistan have the right toform social organizations for the purpose ofsecuring material or spiritual aims inaccordance with the provisions of the law.

(2) The citizens of Afghanistan have the right toform political parties in accordance with theprovisions of the law, provided that:- The program and charter of the party are

not contrary to the principles of sacredreligion of Islam, and the provisions andvalues of this Constitution.

- The organizational structure, andfinancial sources of the party are madepublic.

- The party does not have military orparamilitary aims and structures.

- The party should have no affiliation to aforeign political party or sources.

(3 Formation and functioning of a party basedon ethnicity, language, Islamic school ofthought (mazhab-i fiqhi) and region is notpermissible.

(4 A party set up in accordance with provisionsof the law shall not be dissolved withoutlawful reasons and the decision of anauthorized court.

Article 36Demonstration

The citizens of Afghanistan have the right to un-armed demonstrations, for legitimate peacefulpurposes.

Article 37Confidentiality of Communication

(1) Confidentiality and freedom ofcorrespondence and communication whetherin the form of letters or through telephone,telegraph and other means, are immune frominvasion.

(2) The state does not have the right to inspectpersonal correspondence and communicationunless authorized by the provisions of law.

Article 38Residence, Home, Search

(1) A person’s residence is immune from invasion.(2) Other than the situations and methods

indicated in the law, no one, including thestate, are allowed to enter or inspect a privateresidence without prior permission of theresident or holding a court order.

(3) In case of an evident crime, an official in-charge of the situation can enter or conducta house search prior to the permission of thecourt.

(4) The official involved in the situation isrequired to obtain a subsequent court orderfor the house search within the periodindicated by law.

Article 39Movement, Settlement, Travel

(1) Every Afghan has the right to travel or settlein any part of the country except in theregions forbidden by law.

(2) Every Afghan has the right to travel abroadand return home in accordance with theprovisions of law.

(3) The state shall protect the rights of thecitizens of Afghanistan abroad.

Article 40Private Property

(1) Property is immune from invasion.

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(2) No person shall be forbidden from acquiringand making use of a property except withinthe limits of law.

(3) Nobody’s property shall be confiscatedwithout the provisions of law and the orderof an authorized court.

(4) Acquisition of a person’s property, in returnfor a prior and just compensation within thebounds of law, is permitted only for securingpublic interests in accordance with theprovisions of law.

(5) Inspection and disclosure of a private propertyare carried out only in accordance with theprovisions of law.

Article 41Property of Foreigners

(1) Foreign individuals do not have the right toown immovable property in Afghanistan.

(2) Lease of immovable property for the purposeof investment is permissible in accord withlaw.

(3) The sale of estates to diplomatic missions offoreign countries and to those internationalagencies, of which Afghanistan is a member,is permissible in accordance with theprovisions of law.

Article 42Taxes, Duties

(1) Every Afghan is obligated to pay taxes andduties to the government in accordance withthe provisions of law.

(2) No taxes and duties are enforced withoutprovisions of law.

(3) The rate of taxes and duties and the methodof payment are determined by law on thebasis of observing social justice.

(4) This provision is also applied to foreignindividuals and agencies.

(5) Every kind of tax, duties, and incomescollected, shall be delivered to the Stateaccount.

Article 43Education

(1) Education is the right of all citizens ofAfghanistan, which shall be provided up to thelevel of the B.A. (lisâns), free of charge by thestate.

(2) The state is obliged to devise and implementeffective programs for a balanced expansionof education all over Afghanistan, and toprovide compulsory intermediate leveleducation.

(3) The state is also required to provide theopportunity to teach native languages in theareas where they are spoken.

Article 44Education for Women and Nomads,

IlliteracyThe state shall devise and implement effectiveprograms for balancing and promoting of educationfor women, improving of education of nomadsand elimination of illiteracy in the country.

Article 45Unified Educational Curriculum

The state shall devise and implement a unifiededucational curriculum based on the provisions ofthe sacred religion of Islam, national culture, andin accordance with academic principles, anddevelops the curriculum of religious subjects onthe basis of the Islamic sects existing inAfghanistan.

Article 46Higher Education, Schools

(1) Establishing and operating of higher, generaland vocational education are the duties ofthe state.

(2) The citizens of Afghanistan also can establishhigher, general, and vocational privateeducational institutions and literacy courseswith the permission of the state.

(3) The state can also permit foreign persons toset up higher, general and vocationaleducational private institutes in accordancewith the law.

(4) The conditions for admission to state highereducation institutions and other relatedmatters to be regulated by the law.

Article 47Science, Culture, Literature, Arts

(1) The state shall devise effective programs forthe promotion of science, culture, literatureand the arts.

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(2) The state guarantees the rights of authors,inventors, and discoverers, and encouragesand supports scientific researches in all areas,and publicizes the effective use of theirresults in accordance with the law.

Article 48Work

(1) Work is the right of every Afghan.(2) Working hours, paid holidays, right of

employment and employee, and other relatedaffairs are regulated by law.

(3) Choice of occupation and craft is free withinthe limits of law.

Article 49Forced Labor

(1) Forced labor is forbidden.(2) Active participation, in times of war,

calamity, and other situations threateninglives and public welfare is one of the primaryduties of every Afghan.

(3) Children shall not be subjected to forcedlabor.

Article 50Public Administration, Offices,

Information(1) The state is obliged to adopt necessary

measures for creation of a strong and soundadministration and realization of reforms inthe administration system of the country afterauthorisation by the National Assembly.

(2) Government offices are bound to carry theirwork with full neutrality and incompliancewith the provisions of law.

(3) The citizens of Afghanistan have the rightof access to the information from thegovernment offices in accordance with theprovisions of law.

(4) This right has no limits, unless violation ofthe rights of the others.

(5) The citizens of Afghanistan are employed forstate services on the basis of qualificationwithout any kind of discrimination and inaccordance with law.

Article 51Compensation

(1) Any person suffering undue harm bygovernment action is entitled tocompensation, which he can claim byappealing to court.

(2) With the exception of situation stated in thelaw, the state cannot claim its right withoutthe order of an authorized court.

Article 52Health Care, Hospitals, Physical

Education, Sports(1) The state is obliged to provide free means of

preventive health care and medical treatment,and proper health facilities to all citizens ofAfghanistan in accordance with the law.

(2) The state encourages and protects theestablishment and expansion of privatemedical services and health centers inaccordance with law.

(3) The state in order to promote physicaleducation and improve national and localsports adopts necessary measures.

Article 53Handicapped

(1) The state takes necessary measures forregulating medical services and financialsupport to descendants of those who weremartyred or are missing, to disabled orhandicapped, and their active participationand re-integration into society in accordancewith the law.

(2) The state guarantees the rights and privilegesof pensioners and disabled and handicappedindividuals and as well renders necessaryassistance to needy elders, women withoutcaretakers, and needy orphans in accordancewith the law.

Article 54Family

(1) Family is a fundamental unit of society andis supported by the state.

(2) The state adopts necessary measures to ensurephysical and psychological well being offamily, especially of child and mother,upbringing of children and the elimination

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of traditions contrary to the principles ofsacred religion of Islam.

Article 55Defense, Military Service

(1) The defense of the country is theresponsibility of all citizens of Afghanistan.

(2) The conditions for military services areregulated by law.

Article 56Obeying the Law

(1) Observing the provisions of the Constitution,obeying the laws, adhering to public law andorder are the duties of all people ofAfghanistan.

(2) Ignorance about the provisions of law is notconsidered an excuse.

Article 57Rights of Foreigners

(1) The state guarantees the rights and libertiesof the foreign citizens residing in Afghanistanin accordance with the law.

(2) These people are obliged to observe the lawsof the state of Afghanistan in accordancewith the International Law.

Article 58Human Rights Commission

(1) The State, for the purpose of monitoring theobservation of human rights in Afghanistan,to promote their advancement (behbud) andprotection, shall establish the IndependentHuman Rights Commission of Afghanistan.

(2) Any person, whose fundamental rights havebeen violated can file complaint to theCommission.

(3) The Commission can refer cases of violationof human rights to the legal authorities, andassist in defending the rights of thecomplainant.

(4) The structure, and functions of thisCommission shall be regulated by law.

Article 59Misuse of Rights

No one can misuse the rights and freedoms underthis Constitution against the independence,territorial integrity, sovereignty and national unity.

Chapter IIIThe President

Article 60Head of State, Vice Presidents

(1) The President is the head of state of theIslamic Republic of Afghanistan, andconducts his authorities in executive,legislative, and judiciary branches inaccordance with the provisions of thisConstitution.

(2) The President shall have two Vice Presidents,one first and one second.

(3) The candidate to the Presidency on his or hercandidacy shall declare the name of the VicePresidents to the nation.

(4) The Vice President in the absence,resignation, and or death of the President,acts in accordance with the provisions ofthis constitution.

Article 61Direct Election

(1) The President is elected by receiving morethan 50% of the votes cast through free,general, secret, and direct voting.

(2) The presidential term is expired at the firstof Jawza of the fifth years after the elections.

(3) Elections for the new president are heldwithin thirty, to sixty days before the end ofthe presidential term.

(4) If none of the candidates succeeds to receivemore than 50% of the votes in the firstround, a run-off election shall be held withintwo weeks.

(5) In this round, only two candidates with thehighest number of votes will participate.

(6) In the run-off, the candidate who gets themajority of the votes shall be elected as thePresident.

(7) In case of death of one of the candidatesduring the first or second round, after theelections or prior to the announcement ofthe results of elections, new elections shallbe held in accordance with the provisions oflaw.

(8) The elections for the post of president shallbe held under the supervision of theIndependent Commission supervising of theElections.

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(9) This Commission shall be established tosupervise all elections and referendums in thecountry, in accordance with the provisionsof law.

Article 62 Qualifications

(1) Presidential candidates should posses thefollowing qualification:— Should be citizen of Afghanistan, Muslim

and born of Afghan parents, and shouldnot have citizenship of another country.

— On the day of becoming a candidate, hisage should not be less than forty years.

— Should not have been convicted of crimesagainst humanity, criminal act, ordeprivation of the civil rights by a court.

(2) No one can be elected as president for morethan two terms.

(3) The provision of this article is applied to theVice Presidents as well.

Article 63Oath of Allegiance

The President-elect, prior to resumption of his/her duties, performs the following oath ofallegiance in the presence of members of theNational Assembly and the chief justice:“In the name Allah, the Merciful, theCompassionateIn the name God Almighty, in the presence of yourepresentatives of the nation of Afghanistan, Iswear to obey and safeguard the provisions of thesacred religion of Islam, to observe the Constitutionand other laws of Afghanistan and supervise theirimplementation; to safeguard the independence,national sovereignty, and the territorial integrityof Afghanistan and the fundamental rights andinterests of the people of Afghanistan, and withthe assistance of God and the support of the nation,to make great and sincere efforts for the happinessand progress of the people of Afghanistan.”

Article 64Powers and Duties

The powers and duties of the President are asfollows:

— Supervising the implementation of theConstitution.

— Determining the fundamental policies ofthe state with the approval of theNational Assembly.

— Being the Command-in-Chief of thearmed forces of Afghanistan.

— Declaration of war and ceasefire withthe approval of the National Assembly.

— Taking the required decision duringdefending of territorial integrity andprotecting of the independence.

— Sending contingents of the armed forcesto foreign countries with the approvalof the National Assembly.

— Convening Grand Council [Loya Jirga]except in a situation stated in Article 68of this Constitution.

— Declaring the state of emergency andending it with the approval of theNational Assembly.

— Inaugurating the National Assembly andthe Grand Council [Loya Jirga].

— Accepting resignation of the VicePresident.

— Appointing of Ministers, the AttorneyGeneral, the Director of the CentralBank, Head of the National SecurityDirectorate and the President of theAfghan Red Crescent Society with theapproval of the House ofRepresentatives [Wolesi Jirga], andacceptance of their dismissal andresignation.

— Appointing the head and members of theSupreme Court with the approval of theHouse of Representatives [Wolesi Jirga].

— Appointment, retirement and acceptanceof resignation and dismissal of judges,officers of the armed forces, police,national security, and high-rankingofficials in accordance with the law.

— Appointment of heads of diplomaticmissions of Afghanistan in foreign countriesand international organizations.

— Accepting the credentials of diplomaticmissions in Afghanistan.

— Signing of laws and legislative decrees.— Issuing credential letter for the conclusion

of bi-lateral and international treaties inaccordance with the provisions of law.

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— Reducing and pardoning penalties inaccordance with law.

— Issuing medals, and honorary titles inaccordance with the provision of law.

— The establishment of commissions for theimprovement of the administrative conditionof the country, in accordance with law.— Exercising other authorities in

accordance with the provisions of thisConstitution.

Article 65Call for Referendum

(1) The President can call for a referendum onimportant national, political, social oreconomic issues.

(2) Call for referendum shall not be contrary tothe provisions of this constitution or for theamendment of it.

Article 66Restrictions

(1) The President takes into consideration thesupreme interests of the people ofAfghanistan while enforcing the powers statedin this Constitution.

(2) The President cannot sell or bestow stateproperties without the provisions of the law.

(3) The President cannot act based on linguistic,ethnic, religious, political, and regionalconsiderations during his term in office.

Article 67Resignation

(1) In case of resignation, impeachment, or deathof the President, or of a serious illness thatcould hinder the performance of duties, theFirst Vice President undertakes his duties andauthorities.

(2) The President declares his resignationpersonally to the National Assembly.

(3) The serious illness shall be proved by anauthorized medical committee appointed bythe Supreme Court.

(4) In this case, election for the new Presidentshall be held within the period of threemonths in accordance with the Article 61 ofthis constitution.

(5) During the time when the First Vice Presidentfills in as the interim President, he cannotperform the following:

— Amendment of the constitution— Dismissal of ministers.— Call for a referendum.

(6) During this period the Vice Presidents cannominate themselves as candidates for thepost of President in accordance with theprovisions of this constitution.

(7) In the absence of the President, the dutiesof the First Vice President shall bedetermined by the President.

Article 68Replacement

(1) In case of resignation and or death of one ofthe Vice President, another person shallreplace him by the proposal of the Presidentand approval of the House ofRepresentatives [Wolesi Jirga].

(2) In case of simultaneously death of thePresident and First Vice President, his dutiesshall be implemented in turn by the SecondVice President, by the Chair of the Senate[Meshrano Jirga] and in the absence of thechair of the Senate [Meshrano Jirga], Chairof the House of Representatives [WolesiJirga], and in the absence of the Chair of theHouse of Representatives [Wolesi Jirga], theForeign Minister shall take the duties of thePresident in accordance with the Article 67of this constitution.

Article 69Impeachment

(1) The President is responsible to the nationand the House of Representatives [WolesiJirga] in accordance with this article.

(2) Accusations of crime against humanity,national treason or crime can be leveledagainst the President by one third of themembers of the House of Representatives[Wolesi Jirga].

(3) If two third of the House of Representatives[Wolesi Jirga] votes for charges to be broughtforth, the House of Representatives [WolesiJirga] shall convene a Grand Council [LoyaJirga] within one month.

(4) If the Grand Council [Loya Jirga] approvethe accusation by a two-thirds majority of

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votes the President is then dismissed, and thecase is referred to a special court.

(5) The special court is composed of threemembers of the House of Representatives[Wolesi Jirga], and three members of theSupreme Court appointed by the GrandCouncil [Loya Jirga] and the Chair of theSenate [Meshrano Jirga].

(6) The lawsuit is conducted by a personappointed by the Grand Council [Loya Jirga].

(7) In this situation, the provisions of Article 67of this Constitution are applied.

Article 70Salary

(1) The salary and expenditures of the Presidentare regulated by law.

(2) After expiration of his term, the President isentitled to financial benefits of the presidencyfor the rest of his life in accordance with thelaw except in the case of dismissal.

Chapter IVThe Government

Article 71Ministers

(1) The government consists of the ministerswho work under the Chairmanship of thePresident.

(2) Ministers are appointed by the President andshall be introduced for approval to theNational Assembly.

Article 72Qualifications

The person who is appointed as the Minister, shouldhave the following qualifications:

— Must have only the citizenship ofAfghanistan. Should a nominee for aministerial post also hold the citizenshipof another country, the House ofRepresentatives [Wolesi Jirga] shall havethe right to confirm or reject his or hernomination.

— Should have higher education, workexperience and, good reputation.

— His age should not be less than thirty-five.

— Should not have been convicted of crimesagainst humanity, criminal act, ordeprivation of civil rights by a court.

Article 73Incompatibility

(1) The Ministers can be appointed from withinand without the National Assembly.

(2) If a member of the National Assembly isappointed as a minister, he loses hismembership in the National Assembly, and isreplaced by another person in accordancewith the provisions of law.

Article 74Oath of Office

Prior to taking office, the minister perform thefollowing oath in the presence of the President:“In the name of Allah, the merciful andcompassionate:I swear in the name of God Almighty to supportthe provisions of the sacred religion of Islam,follow the Constitution and other laws ofAfghanistan, protect the rights of citizens, andsafeguard the independence, territorial integrity andnational unity of Afghanistan, and consider GodAlmighty present in performing all myresponsibilities, and honestly perform the dutiesassigned to me.”

Article 75Duties of the Government

The government has the following duties.— Execute the provision of this

Constitution, other laws, and final ordersof the courts.

— Protect the independence, defend theterritorial integrity, and safeguard theinterests and dignity of Afghanistan inthe international community.

— Maintenance of public law and order andelimination of administrative corruption.

— Prepare the budget, regulate financialaffairs, and protect public wealth.

— Devise and implement programs forsocial, cultural, economic, andtechnological progress.

— Report to the National Assembly at theend of the fiscal year about the tasks

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accomplished and about the main plansfor the new fiscal year.

— Perform other duties as recognized by thisConstitution and other laws to be dutiesof the government.

Article 76Regulations

(1) In order to implement the main policies ofthe country, and regulation of its duties, thegovernment shall devise and approveregulations.

(2) These regulations should not be contradictoryto the text and spirit of any law.

Article 77Heads of Administrative Units

(1) As heads of administrative units and membersof the government, the ministers performtheir duties within the limits determined bythis Constitution and other laws.

(2) The Ministers are responsible to the Presidentand the House of Representatives [WolesiJirga] for their particular duties.

Article 78Impeachment

If a Minister is accused of crime against humanity,national treason or criminal act of a crime, thecase shall be referred to a special court in accordancewith the Article 134 of this constitution.

Article 79Emergency Legislation by Decree

(1) In cases of recess of the House ofRepresentatives [Wolesi Jirga], thegovernment can adopt legislation in anemergency situation on matters other thanthose related to budget and financial affairs.

(2) The legislative decrees become laws after theyare signed by the President.

(3) The legislative decrees should be submittedto the National Assembly in the course ofthirty days beginning from the first sessionof the National Assembly.

(4) In case of rejection by the National Assembly,the legislations become void.

Article 80Restrictions

The Minister during the course of their work cannotuse their posts for linguistic, regional, ethnic,religion and partisan purposes.

Chapter VThe National Assembly

Article 81National Assembly

(1) The National Assembly of the IslamicRepublic of Afghanistan as the highestlegislative organ is the manifestation of thewill of its people and represents the wholenation.

(2) Every member of the National Assemblytakes into judgment the general welfare andsupreme interests of all people of Afghanistanat the time of casting their vote.

Article 82Two Houses

(1) The National Assembly consists of twohouses: House of Representatives [WolesiJirga] (the House of People) and Senate[Meshrano Jirga]. (House of Elders).

(2) No one can become member of both housessimultaneously.

Article 83House of Representatives

(1) Members of the House of Representatives[Wolesi Jirga] are elected by the peoplethrough free, general, secret, and directelections.

(2) Their mandate ends on the 1st of Saratan ofthe fifth year after the elections, and the newassembly starts its work.

(3) The election of the members of the Houseof Representatives [Wolesi Jirga] shall be heldwithin 30 to 60 days before the expiry of theterm of the House of Representatives [WolesiJirga].

(4) The number of members of the House ofRepresentatives [Wolesi Jirga], proportionateto the population of each region, shall be notmore than two hundred and fifty.

(5) Electoral constituency and other relatedissues shall be determined by election laws.

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(6) In the election law measures should beadopted for so the election system shallprovide general and just representation forall the people of the country, and at leasttwo female delegate should be elected fromeach province.

Article 84Senate

(1) Members of the Senate [Meshrano Jirga] areelected and appointed as follows:

(2) From among the members of each provincialcouncil, the respective council elects oneperson for a period of four years.

(3) From among the district councils of eachprovince, the respective councils elect oneperson for a period of three years.

(4) The President from among experts andexperienced personalities — including tworepresentatives from the disabled and impairedand two representatives from the Kochis —appoints the remaining one-third of themembers for a period of five years.

(5) The president appoints 50% of these peoplefrom among women.

(6) A person, who is appointed as a member ofthe Senate [Meshrano Jirga], shall relinquishhis membership in the respective council, andanother person replaces him in accordancewith the law.

Article 85Qualifications

(1) A person who is nominated or appointed as amember of the National Assembly shouldhave the following qualifications in additionto those considered by voters.

(2) Should be the citizen of Afghanistan, or hasobtained the citizenship of the state ofAfghanistan at least ten years before becominga candidate.

(3) Should not have been convicted by a courtfor committing a crime against humanity, acrime, or sentenced of deprivation of hiscivil rights .

(4) Members of House of Representatives[Wolesi Jirga] should be Twenty Five yearsold at the date of candidacy, and membersof the Senate [Meshrano Jirga] should be

Thirty Five years old at the date of candidacyor appointment.

Article 86Independent Electoral Commission

Credentials of members of the National Assemblyare reviewed by the Independent ElectoralCommission in accordance with law.

Article 87Chairperson

(1) In the beginning of the legislative period,each one of the two houses elects one of itsmembers as the Chairperson, and two peopleas the first and second Vice Chairperson, andtwo people as the secretary and assistantsecretary for a period of one year.

(2) These individuals constitute theadministrative board in their respectivehouses.

(3) The duties of the administrative boards aredetermined in the regulations pertaining tothe internal duties of each house.

Article 88Commissions

Each house of the National Assembly sets upcommissions to study the topics under discussionin accordance with its internal regulations.

Article 89Special Commission for Inquiry

(1) The House of Representatives [Wolesi Jirga]has the authority to set up a specialcommission if one-third of its members putforward a proposal to inquire about and studygovernment actions.

(2) The composition and procedure of thiscommission shall be specified by the internalregulations of the House of Representatives[Wolesi Jirga].

Article 90Powers of then National Assembly

The National Assembly has the following powers:— Ratification, modification, or abrogation

of laws and or legislative decrees.— Approval of plans for economic, social,

cultural, and technological development.

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— Approval of state budget, permission forobtaining, and granting loans.

— Creation, modification of administrativeunits.

— Ratification of international treaties andagreements, or abrogation of themembership of Afghanistan to them.

— Other authorities specified in thisConstitution.

Article 91Powers of the House of Representatives

House of Representatives [Wolesi Jirga] has thefollowing special powers:

— Deciding on interpellation of each of theministers in accordance with theprovisions of Article 92 of thisconstitution.

— Taking the final decision about the state’sdevelopment programs and state budget,in case of a disagreement between theHouse of Representatives [Wolesi Jirga]and the Senate [Meshrano Jirga].

— Approval of the appointments accordingto the provisions of this constitution.

Article 92Interpellation, Vote of No Confidence

(1) House of Representatives [Wolesi Jirga], basedon a proposal by one-tenth of all members,can interpellate each of the Ministers.

(2) If the responses given are not satisfactory,House of Representatives [Wolesi Jirga] shallconsider the issue of vote of no confidence.

(3) Vote of no confidence on a Minister shouldbe explicit, direct, and on the basis of wellfounded reasons.

(4) This vote should be approved by a majorityof all members of the House ofRepresentatives [Wolesi Jirga].

Article 93Questioning

(1) Any commission of both Houses of theNational Assembly can question each of theMinisters about specific topics.

(2) The person questioned can provide verbal orwritten response.

Article 94Legislation, Veto, Qualified Vote

(1) Law is what both Houses of the NationalAssembly approve and the President endorsesunless this Constitution states otherwise.

(2) In case the President does not agree to whatthe National Assembly approves, he or shecan send the document back with justifiablereasons to the House of Representatives[Wolesi Jirga] within fifteen days of itssubmission.

(3) With the passage of this period or in case theHouse of Representatives [Wolesi Jirga]approves a particular case again with amajority of two-thirds votes, the bill isconsidered endorsed and enforced.

Article 95Initiatives

Proposal for the promulgation of a law can beinitiated by the government, or members of theNational Assembly, and in the domain of regulatingthe judicial affairs through the Supreme Court bythe government.

Article 96Financial Affairs

Proposal for budget and financial affairs areinitiated only by the government.

Article 97Form and Procedure

(1) Proposals for promulgation of law initiatedby the government are submitted first to theHouse of Representatives [Wolesi Jirga].

(2) If a proposal for the promulgation of lawincludes imposition of new taxes or reductionin state incomes, it is included in the workingagenda on condition that an alternative sourceis also envisioned.

(3) The House of Representatives [Wolesi Jirga]approves or rejects the proposal of thepromulgation of law including budget andfinancial affairs and the proposal of takingor giving loan after discussion as a whole.

(4) The House of Representatives [Wolesi Jirga]cannot delay the proposal more than onemonth.

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(5) The proposed draft of law is submitted tothe Senate [Meshrano Jirga], after its approvalby the House of Representatives [WolesiJirga].

(6) The Senate [Meshrano Jirga] decides on thedraft within a period of fifteen days

(7) The National Assembly shall give priority tothe promulgation of laws, treaties, anddevelopment plans of the government thatrequire argent consideration and decision asper the request of the government.

(8) If a proposal for promulgation of law isinitiated by ten members of one of the twoHouses and then approved by one fifthmembers of the respective houses, it can beadmitted to the agenda of the respectivehouses.

Article 98Budget

(1) The state budget and development plan ofthe government is submitted through theSenate [Meshrano Jirga] along with anadvisory comments to the House ofRepresentatives [Wolesi Jirga].

(2) The decision of the House of Representatives[Wolesi Jirga], irrespective of the consent ofthe Senate [Meshrano Jirga], is enforceableafter it is signed by the President.

(3) If for some reasons the budget is not approvedbefore the beginning of the new fiscal year,the budget of the year before is applied untilthe approval of the new budget.

(4) The government is obligated to give to theHouse of Representatives [Wolesi Jirga] thebudget of the new fiscal year and a briefaccount of the current year’s budget withinthe forth quarter of the fiscal year.

(5) The definite account of the previous fiscalyear shall be submitted by the government tothe House of Representatives [Wolesi Jirga]within six months of the new year, inaccordance with the provisions of law

(6) House of Representatives [Wolesi Jirga]cannot delay the approval of the budget formore than one month or permission to giveor take loan for more than a 15 days.

(7) If during this period House ofRepresentatives [Wolesi Jirga] does not take

any decision with regards to taking or givingloan, the proposal will be considered asapproved.

Article 99Budget Debate

If, during a session of the National Assembly, theannual budget or a developmental plan or an issuerelated to public security, territorial integrity, andthe country’s independence is under discussion, thesession of the assembly cannot end before theapproval of the matter.

Article 100 Combined Committee(1) In case the decision of one house is rejected

by another house, a combined committeecomposed of equal members of each houseis formed to resolve the disagreement.

(2) The decision of the committee is enforcedafter its approval by the President.

(3) In case the combined committee cannot solvethe disagreement, the defeated resolution isconsidered void. And, if the resolution isapproved by the House of Representatives[Wolesi Jirga], it can be approved in the nextsession of the House of Representatives[Wolesi Jirga] by the majority of its members.

(4) This approval is assumed as enforceable, afterit is signed by the President, withoutsubmission to the Senate [Meshrano Jirga].

(5) In case the disagreement between the twohouses is over legislations involving financialaffairs, and the combined committee is notable to resolve it, the House ofRepresentatives [Wolesi Jirga] can approvethe draft by the majority vote of its members.

(6) This draft is assumed as enforceable withoutsubmission to the Senate [Meshrano Jirga] afterit is signed by the President.

Article 101Indemnity

No member of the National Assembly is legallyprosecuted due to expressing his views whileperforming his duty.

Article 102Immunity

(1) When a member of the National Assembly isaccused of a crime, the law enforcement

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authority informs the house, of which theaccused is member, about the case, and theaccused member can be prosecuted.

(2) In case of an evident crime, the lawenforcement authority can legally pursue andarrest the accused without the permission ofthe house, which the accused is a member of.

(3) In both cases, when legal prosecution requiresdetention of the accused, law enforcementauthorities are obligated to inform therespective house, about the case immediately.

(4) If the accusation takes place when theassembly is in recess, the permission of arrestis obtained from the administrative board ofthe respective house and the decision of thisboard is presented to the first session of theaforementioned house for a decision.

Article 103Ministerial Participation

(1) The ministers can participate in the sessionsof each one of the two houses of theNational Assembly.

(2) Each house of the National Assembly candemand the participation of Ministers to takepart in its session.

Article 104Sessions

(1) Both houses of the National Assembly holdtheir sessions separately at the same time.

(2) Under the following circumstances, bothhouses can hold joint sessions:— When the legislative session, or the

annual session is inaugurated by thePresident.

— When it is deemed necessary by thePresident.

(3) In this case the head of the House ofRepresentatives [Wolesi Jirga], chairs the jointsession of the National Assembly.

Article 105Publicity

(1) The sessions of the National Assembly areopen unless the Chairman of the assembly, orat least ten members of the NationalAssembly request their secrecy and theassembly accepts this request.

(2) No one shall enter the building of theNational Assembly by force.

Article 106Quorum

The quorum for sessions of each house of theNational Assembly is a majority of its members,and its decisions are taken by majority of themembers present, unless this Constitution statesotherwise.

Article 107Ordinary and Extraordinary Sessions

(1) The National Assembly convenes twoordinary sessions each year.

(2) The term of the National Assembly in eachyear is nine months.

(3) When necessary, the assembly can extend thisperiod.

(4) Extraordinary sessions of the assembly duringrecess can take place by the order of thePresident.

Article 108Death, Resignation, Dismissal

(1) In cases of death, resignation or dismissal ofa member of the House of Representatives[Wolesi Jirga], and/or disability or handicap,which prevents performance of dutiespermanently, election in the relatedconstituency is held for a new representativefor the rest of the legislative period, inaccordance with the law.

(2) In the above-mentioned situations, a newmember of the Senate [Meshrano Jirga] shallbe appointed in accordance with Article 87of this Constitution.

(3) Matters involving the presence or absence ofmembers of the National Assembly areregulated according to internal rules.

Article 109Amendments of the Electoral Law

Proposals for amendments of the electoral lawcannot be included in the working agenda of theassembly during the last year of the legislativeperiod.

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Chapter VIGrand Council [Loya Jirga]

Article 110Composition, Participation

(1) Grand Council [Loya Jirga] is the highestmanifestation of the people of Afghanistan.

(2) Grand Council [Loya Jirga] consists of thefollowing:— Members of the National Assembly.— Chairpersons of the provincial, and district

councils.(3) The ministers, Chief Justice and members of

the Supreme Court, can participate in thesessions of the Grand Council [Loya Jirga]without the right to vote.

Article 111Powers

Grand Council [Loya Jirga] is convened in thefollowing situations:

— To take decision on the issues related toindependence, national sovereignty,territorial integrity, and supreme interestsof the country.

— To amend the provisions of thisConstitution.

— To prosecute the President in accordancewith the provisions of Article 69 of thisConstitution.

Article 112Chairperson

The Grand Council [Loya Jirga] in its first sessionelects from among its members a chairperson, adeputy-chair, and a secretary and an assistantsecretary.

Article 113Quorum

(1) The quorum of the Grand Council [Loya Jirga]for voting is completed by the majority ofmembers.

(2) The decisions of the Grand Council [LoyaJirga] are taken by a majority of the presentmembers except in cases as explicitly statedin this Constitution.

Article 114Publicity

Discussions of the Grand Council [Loya Jirga] areopen except when one—fourth of its membersdemand their secrecy, and the Grand Council [LoyaJirga] accepts this demand.

Article 115Indemnity and Immunity

During the session of a Grand Council [Loya Jirga],the provision of Articles 101 and 102 of thisConstitution are applied on its members.

Chapter VIIThe Judiciary

Article 116Indpendence

(1) The judicial branch is an independent organof the state of the Islamic Republic ofAfghanistan.

(2) The judicial branch consists of the SupremeCourt (Stera Mahkama), High Courts, AppealCourts. Structure of authorities of whichare determined by law.

(3) The Supreme Court as the highest judicialorgan, heads the judiciary organ of the IslamicRepublic of Afghanistan.

Article 117Supreme Court

(1) The Supreme Court is composed of ninemembers who are appointed by the Presidentfor a period of ten years with the approvalof the House of Representatives [WolesiJirga] with observance of the provisions oflast paragraph of the Article 50 and Article118 of this Constitution. In the beginningthe appointment will be as such:

(2) Three members are appointed for a period offour years, three members for seven years andthree members for ten years. Laterappointments will be for a period of ten years.

(3) The appointment of the members for thesecond term is not permissible.

(4) The President appoints one of its membersas the Head of the Supreme Court.

(5) Members in no way can be dismissed fromtheir service until the end of their term,

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except circumstances stated in Article 127of this Constitution.

Article 118Qualifications for the Supreme Court

A member of the Supreme Court shall have thefollowing qualifications:

— The age of the Head of the SupremeCourt and its members should not belower than forty at the time ofappointment

— Shall be a citizen of Afghanistan.— Shall have a higher education in law or in

Islamic jurisprudence, and shall havesufficient expertise and experience in thejudicial system of Afghanistan.

— Shall have high ethical standards and areputation of good deeds.

— Shall not have been convicted of crimesagainst humanity, crimes, and sentencedof deprivation of his civil rights by acourt.

— Shall not be a member of any politicalparty during the term of official duty.

Article 119Oath of Office for the Supreme Court

Members of the Supreme Court take the followingoath in the presence of the President beforeoccupying the post:“In the name Allah, the Merciful and theCompassionateI swear in the name of God Almighty to supportjustice and righteousness in accord with theprovisions of the sacred religion of Islam and theprovisions of this Constitution and other laws ofAfghanistan, and to execute the duty of being ajudge with utmost honesty, righteousness andnonpartisanship.”

Article 120Duty to Decide

The authority of the judicial organ is to attend toall lawsuits in which real individuals or incorporealincluding the state stand before it as plaintiff ordefendant and in its presence is expressed in accordwith provisions of the law.

Article 121Judicial Review

The Supreme Court upon request of theGovernment or the Courts can review compliancewith the Constitution of laws, legislative decrees,international treaties, and internationalconventions, and interpret them, in accordancewith the law.

Article 122Guaranteed Jurisdiction

(1) No law, under any circumstance, can transfera case from the jurisdiction of the judicialbranch to another organ as has beendetermined in this Constitution.

(2) This provision does not apply to establishingspecial Courts stated in Articles 69, 78 and127 of this Constitution and military courtsin matters relating to them.

(3) The structure and authority of these courtsare regulated by law.

Article 123 Judiciary

With observance of the provisions of thisConstitution, the rules related to the structure,authority, and performances of the courts, and theduties of judges are regulated by law.

Article 124Judicial Administration

Other officials and administrative personnel of thejudicial branch are subject to the provisions of thelaws related to the officials and other administrativepersonnel of the state, but their appointment,dismissal, promotion, pension, rewards andpunishments are regulated by the Supreme Courtin accordance with the law.

Article 125[Judicial Budget

(1) The budget of the judicial branch is arrangedin consultation with the government by theSupreme Court and presented to the NationalAssembly by the government as part of thestate budget.

(2) Implementation of the budget of the judicialbranch is the authority of the Supreme Court.

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Article 126Remuneration of the Supreme Court

Members of the Supreme Court enjoy officialfinancial benefits for the rest of their lives providedthey do not occupy state and political positions.

Article 127Judicial Impeachment

(1) When more than one-third of the membersof the House of Representatives [WolesiJirga] demand the trial of the Chief Justice,or a member of the Supreme Court due to acrime committed during the performance ofduty, and the House of Representatives[Wolesi Jirga] approves of this demand by amajority of two-thirds votes, the accused isdismissed from his post and the case isreferred to a special court.

(2) The setting up of the court and the proceduresof trial are regulated by law.

Article 128Publicity of Courts

(1) In the courts of Afghanistan, trials are openand everyone is entitled to attend trials withinthe bounds of law.

(2) The court, in situations which are stated inthe law or in situations in which the secrecyof the trial is deemed necessary, can conductthe trial behind closed doors, but theannouncement of the court decision shouldbe open in all instances.

Article 129Legal Reasoning, Capital Punishment

(1) The court is obliged to state the reasons forthe decision it issues.

(2) All specific decisions of the courts areenforceable, except for capital punishment,which is conditional upon approval of thePresident.

Article 130Judicial Discretion

(1) While processing the cases, the courts applythe provisions of this Constitution and otherlaws.

(2) When there is no provision in the Constitutionor other laws regarding ruling on an issue, the

courts’ decisions shall be within the limits ofthis Constitution in accord with the Hanafijurisprudence and in a way to serve justice inthe best possible manner.

Article 131Shia Law for Shia Followers

(1) Courts shall apply Shia school of law in casesdealing with personal matters involving thefollowers of Shia Sect in accordance withthe provisions of law.

(2) In other cases if no clarification by thisconstitution and other laws exist and bothsides of the case are followers of the ShiaSect, courts will resolve the matter accordingto laws of this Sect.

Article 132Appointment of Judges

(1) Judges are appointed with therecommendation of the Supreme Court andapproval of the President.

(2) The appointment, transfer, promotion,punishment, and proposals to retire judgesare within the authority of the Supreme Courtin accordance with the law.

(3) The Supreme Court shall establish the GeneralAdministration Office of the Judicial Powerfor the purpose of better arrangement of theadministration and judicial affairs andinsuring the required improvements.

Article 133Prosecution of Judges

(1) When a judge is accused of having committeda crime, the Supreme Court shall inquire aboutthe case involving the judge in accordancewith the law.

(2) After listening to his defense, when theSupreme Court regards the accusation to bevalid, it shall present a proposal about thejudge’s dismissal to the President.

(3) After the Presidential approval, the accusedjudge is dismissed from duty, and punished inaccordance with the provisions of the law.

Article 134Attorney’s Office

(1) Discovery of crimes is the duty of the policeand investigation and prosecution are

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conducted by the Attorney’s Office inaccordance with the provisions of the law.

(2) The Attorney’s Office is part the Executivebranch, and is independent in itsperformances.

(3) The structure, authority, and activities of theAttorney’s Office are regulated by law.

(4) Discovery and investigation of crimes relatedto the armed forces are regulated by a speciallaw.

Article 135Trial Language

If parties involved in a case do not know thelanguage in which the trial is conducted, they havethe right to understand the material and documentsrelated to the case through an interpreter and theright to speak in their mother language in the court.

Chapter VIIIThe Administration

Article 136Principles

(1) The Administration of Islamic Republic ofAfghanistan shall be based on central and localadministrative units in accordance with thelaw.

(2) The central administration is divided into anumber of administrative units, each ofwhich shall be headed by a minister.

(3) The local administrative unit is a province.(4) The number, area, parts, and structures of

the provinces and the related administrationsare regulated by law on the basis ofpopulation, social and economic conditions,and geographic location.

Article 137Decentralization

The government, while preserving the principle ofcentralism, shall — in accordance with the law —delegate certain authorities to local administrationunits for the purpose of expediting and promotingeconomic, social, and cultural affairs, and increasingthe participation of people in the development ofthe nation.

Article 138Provincial Council

(1) In every province a provincial council is tobe formed.

(2) Members of the provincial council are electedin proportion to the population by free,direct, secret ballot, and general elections bythe residents of the province for a period offour years in accordance with the law.

(3) The provincial council elects one of itsmembers as Chairman.

Article 139Development Targets

(1) The provincial council takes part in securingthe developmental targets of the state andimproving its affairs in a way stated in thelaw, and gives advice on important issuesfalling within the domain of the province.

(2) Provincial councils perform their duties incooperation with the provincialadministration.

Article 140District and Village Councils

(1) In order to organize activities involvingpeople and provide them with theopportunity to actively participate in the localadministration, councils are set up in districtsand villages in accordance with the provisionsof the law.

(2) Members of these councils are elected by thelocal people through, free, general, secret anddirect elections for a period of three years.

(3) The participation of nomads in these councilsis regulated by law.

Article 141Municipalities

(1) Municipalities shall be set up in order toadminister city affairs.

(2) The mayor and members of the municipalcouncils are elected by free, general, secret,and direct elections.

(3) The affairs related to municipalities areregulated by law.

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Article 142Administrative Departments

For the purpose of the implementation of theprovisions, and ensuring the values of thisconstitution, the state shall establish the requireddepartments.

Chapter IXThe State of Emergency

Article 143Declaration

(1) If due to war, threat of war, serious rebellion,natural disasters, or situations similar to theseprotecting the independence or nation’ssurvival becomes impossible by following theprovision of this Constitution, the Presidentin confirmation of National Assembly shalldeclare a state of emergency in some or allparts of the country.

(2) If the state of emergency continues for morethan two months, the agreement of NationalAssembly is required for its extension.

Article 144Government Authority

During the state of emergency, the President, withthe consultations of heads of the NationalAssembly, and Chief Justice can transfer someauthorities of the National Assembly to thegovernment.

Article 145Suspended Provisions

During the state of emergency, the President withthe consent of the heads of the National Assemblyand the Supreme Court, can suspend the validityof the following Articles or can place restrictionson them:

1. Paragraph two of Article 27.2. Article 36.3. Paragraph two of Article 37.4. Paragraph two of Article 38.

Article 146Prohibition of Constitutional AmendmentsDuring the state of emergency, the Constitutioncannot be amended.

Article 147Extended Terms of Office

(1) If the Presidential term of office, and or thelegislative period expire during a state ofemergency, the new elections shall bepostponed, and the presidency, and thelegislative period shall be extended for up tofour months.

(2) If the state of emergency continues for morethan four months, a Grand Council [LoyaJirga] shall be called by the President forfurther decisions.

(3) Following the termination of state ofemergency, election would be held within twomonths

Article 148Invalidation of Emergency Measures

After the end of the state of emergency, themeasures adopted on the basis of Articles 144 and145 of this Constitution shall be considered invalidimmediately.

Chapter XAmendments

Article 149Islam, Fundamental Rights

(1) The provisions of adherence to thefundamentals of the sacred religion of Islamand the regime of the Islamic Republic cannotbe amended.

(2) The amendment of the fundamental rightsof the people are permitted only in order tomake them more effective.

(3) Considering new experiences andrequirements of the time, other contents ofthis Constitution can be amended by theproposal of the President or by the majorityof the National Assembly in accordance withthe provisions of Article 67 and 146 of thisconstitution.

Article 150Drafting Commission, Grand Council

(1) In order to implement proposals regardingthe amendment of the Constitution, aCommission composed of members of theGovernment, National Assembly, and theSupreme Court, shall be established by a

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Presidential decree, and the commission shallprepare a draft of the amendments.

(2) For approval of the amendments, a GrandCouncil [Loya Jirga] shall be convened by thedecree of the President in accordance withthe provisions of the Chapter on the LoyJirga.

(3) When the Grand Council [Loya Jirga] approvesan amendment by a majority of two-thirdsof its members, it shall be enforced afterendorsement by the President.

Chapter XIMiscellaneous Provisions

Article 151Economic Incompatibility

(1) The President, Vice Presidents, Ministers,Head and members of the Supreme Court,Head of the Central Bank, National SecurityDirectorate, Governors and Mayors cannotengage in any profitable business contractswith the government or individuals duringtheir term of office.

(2) Contracts for the purpose of fulfillingpersonal needs are exception to this provision.

Article 152Official Incompatibility

The President, Vice President, ministers, heads andmembers of the National Assembly, the SupremeCourt, and judges, cannot undertake other jobsduring their terms of office.

Article 153Party Incompatibility

Judges, Attorneys, and Officers of the ArmedForces and Police, and members of the NationalSecurity, cannot be members of political partiesduring their terms of office.

Article 154Economic Transparency

Property of the President, Vice Presidents,ministers, members of the Supreme Court and theAttorney General before and after their term ofoffice would be registered and monitored by anorgan to be set by law.

Article 155Salaries and Remuneration

For the ministers, members of the NationalAssembly, the Supreme Court, Attorney Generaland judges, appropriate salaries shall be paid inaccordance with the provisions of law.

Article 156Election and Referendum

The Independent Electoral Commission will beestablished to organise and supervise any electionand to hold a referendum within the country basedon the provisions of the law.

Article 157Implementation of the Constitution

The Independent Commission for the Supervisionof the Implementation of the Constitution will beestablished by law. Members of this Commissionwill be appointed by the President.

Chapter XIITransitional Provisions

Article 158Father of the Nation

The Title of the Father of the Nation and theprivileges granted by the Emergency Grand Council[Loya Jirga] of 1381 (2002) to His MajestyMohammad Zahir Former King of Afghanistanare preserved for him during his lifetime, inaccordance with the provisions of this constitution.

Article 159Transitional Period

(1) The period, following the adoption of thisConstitution, until the date of inaugurationof the National Assembly, is deemed as atransitional period.

(2) During the transitional period, the IslamicTransitional State of Afghanistan shall carryout the following tasks:— Issue decrees related to the election of

the President, National Assembly andlocal councils within six months.

— Issue decrees regarding the structure andauthorities of the courts and basicadministration structures within oneyear.

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— Establish an Independent ElectoralCommission.

— Implement the reform of the executiveand judiciary.

— Adopt necessary measures for preparingthe ground for enforcement of theprovisions of this Constitution.

Article 160Presidential Election

(1) The first elected President takes up his or herduties within thirty days after the result ofthe election has been proclaimed, inaccordance with this constitution.

(2) Every effort shall be made to hold the firstpresidential election and the parliamentaryelection at the same time.

(3) Until the establishment of the NationalAssembly, the powers of the NationalAssemby outlined in this constitution shallbe held by the Government. The interimSupreme Court shall be established byPresidential Decree.

Article 161Establishing Institutions

(1) The National Assembly shall exercise itspowers immediately after its establishmentin accordance with this constitution.

(2) The Government, and the Supreme Courtshall be established within thirty days afterthe first session of the House ofRepresentatives [Wolesi Jirga] is taken place.

(3) The President of the Transitional IslamicState of Afghanistan shall continue his dutiesuntil the elected President has taken up office.

(4) The executive and judicial organs of the Statein accordance with provisions of paragraph3 of Article 157 of this constitution shallcontinue their duties, until the formation ofthe Government and the Supreme Court.

(5) The decrees enforced from the beginning ofthe interim period, shall be submitted to thefirst session of the National Assembly. Thesedecrees are enforceable until annulment bythe National Assembly.

Article 162Entry Into Force

(1) This constitution enters into force upon itsapproval by the Grand Council [Loya Jirga],and will be signed and proclaimed by thePresident of the Transitional Islamic Stateof Afghanistan.

(2) Upon its enforcement, laws and decreescontrary to the provisions of this constitutionare void.

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Afghanistan