The Constitution of Afghanistan

1987

CONTENTS

DECREE OF THE PRESIDENT OF THE REPUBLIC OF AFGHANISTAN

1 - PREAMBLE

2 - CHAPTER ONE: FOUNDATIONS OF THE POLITICAL SYSTEM

3 - CHAPTER TWO: FOUNDATIONS OF THE SOCIOECONOMIC SYSTEM

4 - CHAPTER THREE: CITIZENSHIP, BASIC RIGHTS FREEDOMS AND OBLIGATIONSOF THE CITIZENS

5 - CHAPTER FOUR: LOYA JIRGA

6 - CHAPTER FIVE: THE PRESIDENT

7 - CHAPTER SIX: THE NATIONAL ASSEMBLY

8 - CHAPTER SEVEN: THE COUNCIL OF MINISTERS

9 - CHAPTER EIGHT: THE JUDICIARY

10 - CHAPTER NINE: THE ATTORNEY’S OFFICE

11 - CHAPTER TEN: THE CONSTITUTION COUNCIL

12 - CHAPTER ELEVEN: THE LOCAL COUNCILS

13 - CHAPTER TWELVE: THE FOREIGN POLICY

14 - CHAPTER THIRTEEN: MISCELLANEOUS PROVISIONS

DECREE OF THE PRESIDENT OF THE REPUBLIC OF AFGHANISTAN NUMBER

KABUL CITY

DATE (UNDATED)

DECREE ON THE SIGNING AND PROCLAMATION OF THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN.

THE LOYA JIRGA (GRAND ASSEMBLY) OF 8 AND 9 QAUS 1366 (29/30 NOVEMBER 1987) WHICH WAS HELD IN THE CITY OF KABUL ADOPTED THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN AS THE MOST SIGNIFICANT NATIONAL LEGAL INSTRUMENT IN THIRTEEN CHAPTERS AND ONE HUNDRED FORTY NINE ARTICLES. IN CONFORMITY WITH THE AUTHORITY BESTOWED UPON THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN WHICH HAS ENTERED INTO FORCE ON THE DAY OF ADOPTION, I HEREBY SIGN AND PROCLAIM THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN FOR ENSURING PEACE AND TRANQUILITY, FULL IMPLEMENTATION OF THE POLICY OF NATIONAL RECONCILIATION, PROSPERITY OF THE PEOPLE AND PROGRESS OF BELOVED AFGHANISTAN.

DR NAJIBULLAH, PRESIDENT OF THE REPUBLIC OF AFGHANISTAN

IN THE NAME OF ALLAH, THE BENEFICENT, THE MERCIFUL

OUR BELOVED HOMELAND AFGHANISTAN HAS A PRIDEFUL HISTORY ENRICHED WITH THE HEROIC STRUGGLES OF OUR COURAGEOUS PEOPLE FOR FREEDOM, INDEPENDENCE, NATIONAL SOVEREIGNTY, DEMOCRACY AND SOCIAL PROGRESS. THE DEVELOPMENTS WHICH HAVE TAKEN PLACE IN THE COURSE OF RECENT YEARS HAVE PROVIDED FAVORABLE CONDITIONS FOR ATTAINING THE LOFTY OBJECTIVES OF THE PROGRESS OF THE HOMELAND AND PROSPERITY OF THE PEOPLE. IN THE PRESENT STAGE, THE PEOPLE’S DEMOCRATIC PARTY OF AFGHANISTAN, AS THE INITIATOR AND COORDINATOR OF THE POLICY OF NATIONAL RECONCILIATION, ACTIVELY CARRIES FORWARD TOGETHER WITH OTHER POLITICAL, NATIONAL AND DEMOCRATIC FORCES THIS HUMANITARIAN POLICY.

THEREFORE, IN ORDER TO: CONSOLIDATE THE INDEPENDENCE, NATIONAL SOVEREIGNTY AND DEFEND THE TERRITORIAL INTEGRITY OF THE COUNTRY; ACHIEVE RECONCILIATION AND STRENGTHEN NATIONAL UNITY KEEPING IN VIEW THE OBJECTIVE REALITIES, THE BEST TRADITIONS AND CUSTOMS OF THE PEOPLE; ENSURE SOCIAL JUSTICE AND EQUALITY; DEVELOP NATIONAL ECONOMY AND RAISE THE LIVING STANDARDS OF THE PEOPLE; RAISE THE ROLE AND PRESTIGE OF OUR BELOVED HOMELAND AFGHANISTAN IN THE INTERNATIONAL ARENA;

WE, THE REPRESENTATIVES OF THE PEOPLE OF AFGHANISTAN IN THE LOYA JIRGA, CONSCIOUS OF THE HISTORIC CHANGES THAT HAVE TAKEN PLACE IN OUR HOMELAND AND IN THE CONTEMPORARY WORLD, FOLLOWING THE TENETS OF THE SACRED RELIGION OF ISLAM, PRESERVING AND ENRICHING THE HERITAGE OF THE CONSTITUTIONAL MOVEMENT OF THE COUNTRY, RESPECTING THE UNITED NATIONS’ CHARTER AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, ENDORSE THIS CONSTITUTION AS THE MOST IMPORTANT NATIONAL LEGAL INSTRUMENT ON 9.9.66 (29/30 NOVEMBER 1987) IN 13 CHAPTERS AND 149 ARTICLES.