|Kabul: 13:51 PM      |
Welcome to Kabul:Reconstructions. You can follow the information below, which has been gathered from a
number of sources by a number of participants (click on the names at left for bios), to reconstruct your
own picture of events in Kabul since this site was launched on March 8th, 2003 and, in a sense, since the
reconstruction of Afghanistan began somewhere in the winter of 2001-02.
Some of this information has been provided in response to specific questions submitted by visitors like you. Please note that this section of the project is now maintained as an archive and has not been updated since 2005. Click here to ASK A QUESTION.
Arian Mouj Sharifi
Updates on new constitution & look at earlier constitutions (Baltimore Sun)
Afghan constitution evolves Oct 15, 2003 Kathy Lally Baltimore Sun Today, Afghanistan begins electing representatives to a grand assembly - a Loya Jirga - that will meet in December to adopt a new constitution. The Loya Jirga will have 500 members, 450 elected by voters and 50 selected by Afghan President Hamid Karzai. The president plans to publish a draft of the new constitution, which will be the nation's seventh, within a week. The first constitution was signed in 1923 by Amanullah Khan, the ruler who led the fight for freedom from British control in 1919. Though the constitution was conservative and followed Islamic law, Amanullah ordered women to take off the veil, antagonizing tribal leaders. Amanullah's constitution was made more conservative in 1931 by King Nadir Shah. His son, King Muhammad Zahir Shah, presided over a more liberal constitution, written in 1963, which provided for a constitutional monarchy and established a more secular system of law. King Zahir was removed in a coup in 1973, and his constitution was abandoned and replaced in 1976. That constitution, unlike the others, mentioned the rights of women. Other constitutions were written in 1987 and 1990, as governments changed during the turbulent years of war and Soviet occupation and the chaos after the Soviet withdrawal in 1989. The last constitution was written in 1990. When they Taliban took over, they operated without one. King Zahir returned to Afghanistan last year from exile in Italy and was on hand in April to convene the commission writing the new draft constitution. Translations of the constitutions can be found at the Afghanistan Web site, http://www.afghangovernment.com/ Following are excerpts from some of the earlier constitutions: 1923 Constitution Article 1: Afghanistan is completely free and independent in the administration of its domestic and foreign affairs. All parts and areas of the country are under the authority of his majesty the king and are to be treated as a single unit without discrimination between different parts of the country. Article 2: The religion of Afghanistan is the sacred religion of Islam. Followers of other religions such as Jews and Hindus residing in Afghanistan are entitled to the full protection of the state provided they do not disturb the public peace. Article 13: Subjects of Afghanistan shall have the right to submit individual or collective petitions to government officials for the redress of acts committed by officials or others against the Sharia;religious law; or other laws of the country. 1963 Constitution Article 1: Afghanistan is a constitutional monarchy; an independent, unitary and indivisible state. Sovereignty in Afghanistan belongs to the nation. ... Article 21: In case the King dies before his successor has completed twenty years of life, the Queen shall act as regent until his successor reaches the stipulated age. In case the Queen be not living, the Electoral College, provided under Article 19 of this Constitution, shall elect someone from amongst the male lineal descendants of his majesty Mohammad Nadir Shah, the martyr, to act as regent. Article 32: Afghan citizens have the right to assemble unarmed, without prior permission of the state, for the achievement of legitimate and peaceful purposes. ... Afghan citizens have the right to form political parties, in accordance with the terms of the law, provided that: 1) The aims and activities of the party and the ideas on which the organization of the party is based are not opposed to the values embodied in this constitution. 1976 Constitution Article 2: The exercise of power by the people, the majority of whom consists of farmers, workers, the enlightened people and the youth. Article 8: The elimination of exploitation in all its forms and manifestations. Article 27: All the people of Afghanistan, both women and men, without discrimination and privilege, have equal rights and obligations before the law. Article 41: Work is the right, honor and duty of every Afghan who has the capability of doing it. The major purpose of the laws that shall be promulgated to regulate work is to reach the stage in which the rights and interests of all toilers, farmers, workers and trades are protected, suitable working conditions provided, and in which relations between the worker and the employer are regulated on a just and progressive basis. The choice of work and vocation is free, within the terms determined by the law. 1987 Constitution Article 2: The sacred religion of Islam is the religion of Afghanistan. In the Republic of Afghanistan no law shall run counter to the principles of the sacred religion of Islam and other values enshrined in this constitution. Article 6: The National Front of the Republic of Afghanistan, as the broadest, sociopolitical organization, unites political parties, social organizations and individual members enrolled in their ranks for ensuring their active participation in the social, political and civic spheres on the basis of a common program. Article 19: In the Republic of Afghanistan, state, mixed, cooperative, religious trust, and private property as well as properties of political and social organizations exist. The state protects all forms of lawful properties. Article 21: The state shall assist strengthening and expansion of cooperatives and shall encourage the voluntary participation of the people to this end. Article 23: The state guarantees the right of ownership of land of the peasants and other land owners in accordance with the law. The state shall adopt necessary measures for the realization of democratic changes in agriculture keeping in view the interests of peasants and other land owners. The state encourages the establishment of big agricultural and mechanized state, mixed and private farms and helps the reclamation of virgin lands. Article 29: The hereditary right to property shall be guaranteed by law on the basis of Islamic Sharia. 1990 Constitution Article 3: The Republic of Afghanistan is a nonaligned country which does not join any military bloc and does not allow establishment of foreign military bases on its territory. Article 6: This article is abolished. ... Article 38: Citizens of the Republic of Afghanistan, both men and women have equal rights and duties before the law, irrespective of their national, racial, linguistic, tribal, educational and social status, religious creed, political conviction, occupation, kinship, wealth, and residence. Designation of any illegal privilege or discrimination against rights and duties of citizens are forbidden.
(link)  Posted By: mariam   October 26th 2003, 2003 5:27 PM
Kabul: Partial Reconstructions is an installation
and public dialogue project that explores the multiple meanings and resonances of
the idea of reconstruction -- as both process and metaphor -- in the context of present-day Kabul.
www.kabul-reconstructions.net is an online discussion forum, information resource, and medium for the communication of questions and answers about the reconstruction between people inside and outside the city of Kabul itself.