The Kabul times, Afghanistan Trustable News Agency.
Politics

Afghanistan constitution prepared based on people’s will & civil rights

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Jan 04 – 11 is marked as National Week for Afghanistan constitution, which was ratified by Loya Jirga in 2004.
Freedom of Expression in Afghanistan constitution: Freedom of expression is one of the most significant and valuable rights of hauman beings that are fully recognized and insisted in the country’s constitution.
In 34th article of Afghanistan constitution, freedom of expression is considered as principal rights of Afghan citizens as said, “Freedom of expression shall be inviolable. Every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution.
Every Afghan shall have the right, according to provisions of law, to print and publish on subjects without prior submission to state authorities. Directives related to the press, radio and television as well as publications and other mass media shall be regulated by law.”
Freedom of expression, including the right to receive and impart information is an inalienable right of the people guaranteed by Constitution and international law, to be respected and protected in all Afghanistan laws and actions by government and others.
Meanwhile, according to article 35 of the country’s constitution, to attain moral and material goals, the citizens of Afghanistan shall have the right to form associations in accordance with provisions of the law. The people of Afghanistan shall have the right, in accordance with provisions of the law, to form political parties, provided that:
1. Their manifesto and charter shall not contravene the Holy religion of Islam and principles and values enshrined in this constitution;
2. Their organizations and financial resources shall be transparent;
3. They shall not have military or quasi-military aims and organizations; and
4. They shall not be affiliated with foreign political parties or other sources.
Formation and operation of a party on the basis of tribalism, parochialism, language, as well as religious sectarianism shall not be permitted. A party or association formed according to provisions of the law shall not be dissolved without legal causes and the order of an authoritative court.
Also, rights of citizens are clearly mentioned in the country’s constitution in accordance to Islamic and democratic values and the government is responsible to observe them.
According to article 22 of the country’s constitution, any kind of discrimination and distinction between citizens of Afghanistan shall be forbidden. The citizens of Afghanistan, man and woman, have equal rights and duties before the law.
Right of Political Partnership: one of characteristics of a democratic system is the partnership of the people in their political destiny. Afghanistan constitution has pointed to the point as article 33 says the citizens of Afghanistan shall have the right to elect and be elected. The conditions of exercising this right shall be regulated by law.
Regarding to right of property and ownership, 4th article of the country’s constitution says property shall be safe from violation.
No one shall be forbidden from owning property and acquiring it, unless limited by the provisions of law. No one’s property shall be confiscated without the order of the law and decision of an authoritative court. Acquisition of private property shall be legally permitted only for the sake of public interests, and in exchange for prior and just compensation. Search and disclosure of private property shall be carried out in accordance with provisions of the law.
It is worth mentioning that the country’s constitution, consisting of 16 chapters and 162 articles, was ratified in accordance with the historical, cultural and social realities as well as requirements of time through elected representatives in the Loya Jirga on January 3, 2004 in Kabul.
Lailuma Noori

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The Kabul times, Afghanistan Trustable News Agency.