How, despite the enormous investment of blood and treasure, has the wests tenyear intervention left afghanistan so lawless and insecure. The islamic transitional state of afghanistan itsa is committed to a. The article refers to the process that is not based on preexisting rules of procedure as one of creation and the related constitutionmaking is called creation ex nihilo. Two years into the process of rebuilding afghanistan, and in the wake of the adoption of a new constitution in january 2004, this report evaluates the progress that hasand has notbeen made in establishing the rule of law in afghanistan. On 4 january 2004, afghanistan approved a new constitution that represents a key step. The supreme law of the land is the constitution of afghanistan. The constitution of afghanistan is the supreme law of the state of afghanistan, which serves as the legal framework between the afghan government and the afghan citizens. The report assesses efforts by afghan institutions and international donors to develop the apparatus.
Firstrate scholarly analysis is accompanied by stories of the experiences of individual afghans that bring the elections in afghanistan to life. 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, 2003 january 4, 2004. Afghanistan represents one of the largest attempts. In terms of content, we thank auaf professors ghizaal haress and mohammad isaqzadeh, who provided extensive chapterby. National sovereignty in afghanistan belongs to the nation that exercises it directly or through its representatives. Constitution commission released a document, the constitutionmaking process in. Unlike some postwar agreements, the bonn accords set out a process. Derailing democracy is one of the most insightful books on politics in afghanistan.
Afghanistans political and constitutional development abstract the events of 11 september brought dramatic changes to the political landscape of afghanistan. A constitution may also function as a uniting force. As an interim measure, the agreement reached at bonn reinstated. Hazara, uzbek, aimaqs, turkmen and kirghiz, baluch. After twentythree years of civil strife, the fall of the taliban presented the opportunity to forge a new consensus among afghans to reconstruct the state. Building a state to keep the peace ebrahim afsah alexandra hilal guhr i. One of the first steps was the 2001 bonn conference, held under the auspices of the united nations, which brought together a few political factions to agree upon the political. Section ii analyzes afghanistan s constitution making process from 20022004 and examines the key factors that informed the process of drafting the new constitution, including con. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Political parties in afghanistan national democratic institute. On august 20, 2008, the american university of afghanistan auaf in kabul inaugurated the firstever class of its new legal curriculum. Jun 02, 2008 the constitution and laws of afghanistan 1900 khan, sultan mohammad on.
In terms of content, we thank auaf professors ghizaal haress and mohammad isaqzadeh, who provided extensive chapterbychapter comments the first edition, and. The formal justice system on the other hand faces considerable shortcomings regarding the time of a process, distance, complexity, expense and corruption. Summary women in afghanistan have suffered a catastrophic assault on their human rights during more than twenty years of. The making of a constitution in afghanistan j alexander thier. It is a detailed explanation of how tribal politics and patronage networks bend the electoral system in afghanistan.
The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates western societies from the benighted ones in which they increasingly intervene. Oct 22, 2009 his honor, abdul rasheed rashid, justice, supreme court of afghanistan discusses afganistans legal system. Nov 15, 2001 it is hard to imagine now, but for students at kabul university, 1968 was no less a hectic year than it was for students at columbia, berkeley, oxford, and the sorbonne. Constitutional history of afghanistan constitutionnet. Introduction broadly, the constitution is a covenant, symbol and aspiration by which a group of people, agree to transform themselves into a nation. Attacks, vigilantism, and legal processes that contradict the basic principles of.
This process of making the constitution will actively involve the people of afghanistan for the first time in the creation of their shared roadmap towards peace their future constitution. Afghanistan is unrecognisable from the talibanrun state at the beginning of this decade. The promotion of structures promoting representation of population at local level can indeed play a significant role to the reconciliation process of afghanistan. Why the taleban should read the afghan constitution. The rule of law in afghanistan edited by whit mason. Constitution commission released a document, the constitutionmaking process in afghanistan, outlining the proposed activities and timeline of the constitutional commission. Structure of government and centerperiphery relation bereket habte selassie 1. Switching sides and changing goalposts, the key players are. His honor, abdul rasheed rashid, justice, supreme court of afghanistan discusses afganistans legal system. Large resources have been devoted to the rehabilitation of the country and progress has undoubtedly been achieved. The new cold war politics in afghanistan the diplomat. As the agreement makes clear, the united states and its allies are indeed looking for the exits. Few countries will have an ordinary law on the books that provides for a fully. Click the link for afghanistan constitution pdf file click the link for afghanistan constitution pdf file on ministry of justice website 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.
Afghanistans flawed constitutional process icg asia report n 56, 12 june 2003 page ii moderate factions. This guide to law online afghanistan contains a selection of afghan legal, juridical, and governmental sources accessible through the internet. Taliban afghanistan, the process of constitutionmaking following the. Like all former constitutions of afghanistan, the one drafted as part of the bonn process was also to be approved by a loya jirga. Have, herein, approved this constitution in accordance with the historical, cultural and social realities as well as requirements of time through our elected.
They gave primacy to a strong military, centralized government control from kabul, and signaled the primacy of the pashtun as the countrys ruling group. Making the 2004 constitution of afghanistan scholarly publishing. Political parties in afghanistan date back to the 20th century, and their history is characterized by splits and changing alliances. Afghanistan, outlining the proposed activities and timeline of the.
In afghanistan, no law can be contrary to the sacred religion of islam and the values of this constitution. These are often referred to as guiding principles and sometimes as constitutional principles, orin a few cases immutable principles. It has borders with pakistan in the south and east, iran in the west, turkmenistan, uzbekistan and tajikistan in. Constitution of the islamic state of afghanistan,6 and, interestingly, the. Politics, elections, and government performance congressional research service 2 afghan ethnicities, communities, and their relationships even though many areas of afghanistan, particularly urban areas, have modernized politically and economically since the fall of the taliban, patterns of political affiliation by family, clan. The people of afghanistan are weary of war and hunger for peace. Motives for writing constitution and, eventually, regain afghanistans appropriate place in the international family. These are presented in ten sections, beginning with a note on the history of constitutionmaking in afghanistan, followed by an. Based on fieldwork in provinces across the country and interviews with more than seven hundred candidates, officials, community leaders, and voters, this book builds an indepth portrait of afghanistans recent elections as experienced by individuals and communities, while revealing how the elections have in fact actively contributed to. Nevertheless, even by the afghan governments own admission, much work remains to be done. The making of a constitution in afghanistan lse research online. Toward a political strategy for afghanistan brookings institution. However, the best should not be the enemy of the good. Afghanistans parliament in the making gendered understandings and practices of politics in a transitional country the involvement of women in afghanistans public life is decreasing.
How important is participatory constitution making. Apr 10, 2017 as cold war politics come full circle, afghanistan, pakistan, and the wider region are bracing for a new era of conflict in the making. Attacks, vigilantism, and legal processes that contradict the basic principles of human and womens rights are the order of the day. Afghanistan research and evaluation unit, kabul, afghanistan, february 2011. Of the books swooped into being by his scholarship to which he himself has applied the adjective obsessive. Afghanistan officially called islamic republic of afghanistan. Beside governance and reconstruction issues, the paper raises other more outstanding matter, which is the question of reconciliation. Although afghanistan afghan empire was made a state in 1747 by ahmad shah durrani, the earliest afghan constitution was written during the reign of emir abdur rahman khan in the 1890s followed by the 1923 version. Afghanistan has a continental climate with hot summers and. Barfield and nojumi 2010 argue that the more successful regimes in afghanistan recognised this characteristic and.
Historical legal developments in afghanistans formal. Historical legal developments in afghanistans formal system. Police reform is a process, with each step forward to be welcomed. As with all alep textbooks, the content of an introduction to the constitutional law of afghanistan 2nd edition is the product of extensive collaboration. Some former mujahidin groups, especially jamiati islamiyi afghanistan, and their allies also contain. The constitution of afghanistan is the supreme law of the state of afghanistan, which serves as. Introduction if a constitution as the soul of a nation, as a south african scholar puts it, i am tempted to add that the constitutionmaking experience of a nationthe constitutional moment. What are some major aspects of the islamic religion.
State legitimacy in afghanistan and the role of the. Unlike in the wake of the soviet withdrawal in 1989, this time the. It has developed over centuries and is currently changing in the context of the rebuilding of the afghan state. The drafting committee submitted a draft constitution to chairman karzai. However, regional warlords and large areas of afghanistan remained beyond the control of the karzai government.
The bonn process was designed to make the government gradually more representative. Issues have arisen since then over textual ambiguities in the constitution as well as the locus of authority that can address and clarify them. This nonsensical logic and decision making highlights one of the fundamental problems with the legality of americas continued war in afghanistan. A king, mohammad zahir shah, had been presiding over the many ethnic and tribal enclaves of afghanistan since 1933. The country has a lot of a valuable stone called lapis lazuli, which was used to decorate the tomb of the egyptian king tutankhamun. Afghanistans political and constitutional development. Having failed dismally to make the afghan people our allies, we will inevitably abandon them to a. Afghanistan, 1978 revolution and islamic civil war afghanistan, 1978 revolution and islamic civil war yury v. This left local communities to resolve local problems, and limited the intervention of the central state ibid. Summary women in afghanistan have suffered a catastrophic assault on their human rights during more than twenty years of war and under the.
Introduction to the law of afghanistan legal studies 200. The 1964 constitution of afghanistan transformed afghanistan into a modern democracy. An increasingly important task in developing a constitution making process, it is important for the main groups involved to reach agreement on a set of principles intended to guide the process. Afghanistans political and constitutional development overseas. Since 1949, the united nations charter has provided the legal guidelines governing the use of force in international law. The modernization policies of king zahir shah in the 1940s led to the formation of several political groupings, and the 1960s saw the growth of communist parties. The making of a constitution in afghanistan when afghanistans first constitution was promulgated by king amanullah, afghanistan has had eight different constitutions. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Indeed, this is a singular opportunity to strengthen new democratic groups struggling to find a toehold in the political scene.
Afghanistan has snow and glaciers in the mountains. Library of congress federal research division country profile. The constitutionmaking process in afghanistan can also be found online. Constitution of afghanistan news newspapers books scholar jstor january 2011 learn. Unmonitored elj as the legitimating device for the process of building a more representative government. As cold war politics come full circle, afghanistan, pakistan, and the wider region are bracing for a new era of conflict in the making. It is hard to imagine now, but for students at kabul university, 1968 was no less a hectic year than it was for students at columbia, berkeley, oxford, and the sorbonne. Designed by the alep team, this foundational course offers students a comprehensive overview of the. The wolesi jirga has the primary responsibility for making and ratifying laws and approving the actions of the. Understanding the fact that afghanistan is a single and united country and belongs to all ethnicities residing in this country, 5. The legal system of afghanistan consists of islamic, statutory and customary rules.
Since 2008, afghanistans nationwide literacy rate has increased by 5%. Afghanistan well for many years, allowing peace to take root and trust. For the first time in more than two decades, there was a real possibility of peace and stability in the country. The nation of afghanistan consists of all individuals who are the citizen of afghanistan. Reforming the afghan national police a joint report of the royal united services institute for defence and security studies london. In the case of regime change or reform the procedural modalities of the existing constitution might be observed. Constitutional interpretation, once in crisis, does not seem to be in such a state anymore in afghanistan. The constitution of afghanistan harvard university. According to the asia foundations 2012 survey of the afghan people, 89%. Observing the united nations charter and respecting the universal declaration of human rights, 6. Islamic republic of afghanistan legal system and research. The process, outlined in the bonn agreement, was led by afghans. Those government institutions established during the reign of.