|Kabul: 0:24 AM      |
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
Proposed constitution amendments from Afghan Independent Human Rights Commission
Below is their summary; the full text, which addresses key articles of the constitution point-by-point, is at the link.
One of the basic obligations of the states is to protect the rights and freedom
of the citizens, the draft formulated regardless of the two decades of civil war
and internal crises by ignored the responsibilities and obligations of the state
in protection and securing the rights and freedoms of citizens ( Article 2, 3, 5
Whereas the States are the main protector and violators of fundamental rights
and freedoms of citizens, therefore the constitution shall set mechanisms and
add clauses that shall make the government bound to observe and to protect the
rights and freedoms of the citizens. The values and principles defined in the
Chapter on Rights and responsibilities do not enable the state to step in
development, progress of rights and freedoms and to bring prosperity and get
international cooperation in the future.
· The State obligations toward observing its International Commitments on
International Human rights standards which defined in CC draft ( Article 3 and
7) are not stated clearly and is in a very weak language. Deprivation and
putting limitation on rights and freedoms of the citizens in the past have been
one of the main reasons of the social miss trust and socio-political crises in
Afghanistan. The CC draft has confined\ limited the rights of the citizens
against Afghanistan’s international obligations on human rights and doesn’t
grantee of not limiting the rights and freedoms of citizens. The implementation
mechanisms have not foreseen in the draft, while the people due to the past
crises lost the culture of obeying the laws, so it’s necessary to have such a
mechanism and principles in Afghanistan’s post conflict constitution.
Thus the Proposed draft by AIHRC (Articles 20, 26, 28, 29, 30, 38, 40, 41 and
57) provides a clear understanding and adds rules of its implementation to the
rights and responsibilities of citizens.
· The CC draft in generally focuses on rights and responsibilities of Afghans (
those have been granted Afghan nationality), while Refugees, stateless people
and foreigners are living under the jurisdiction and sovereignty of
Afghanistan’s State, who are entitled of rights and freedoms that are ensured
and granted by International laws.
· The two decades of civil war made different walks of the society vulnerable
(Women, Disables, handicap persons and children). The post conflict countries’
experiences shows affirmative actions to the vulnerable groups of the society,
which is not take in to consideration in CC draft. The provisions (21, 51, and
52) of the proposed draft by AIHRC are addressing such issues.
· Mostly for the enhancement and protection of rights of the citizens the
constitutions are anticipating the compensation for the violation of the rights
or illegal suffering of citizens. Which the CC draft address it in a very weak
language (article 53)
· Whereas Afghanistan is party to the majority of International Human rights
laws and whereas Afghanistan laws and practices doesn’t cleared the status of
the International laws once they are ratified by Afghan State, and the CC draft
didn’t addressed the statues of International law in situation of conflicts with
national law; therefore the proposed draft addresses clearly the status of
International laws (Articles 3 and 98)
· Afghanistan is a post conflict country, the side effects of the conflict will
remain for decades on its population. Therefore the general sprit of the law
should consider the past of Afghanistan and its language shall address this
· Check, balance and Cooperation between three power of the state (Executive,
Judiciary and legislation) are not taking in to consideration in a way to create
a balanced environment. While in the proposed draft taken in to consideration.
· The Constitutions are not addressing the interim administration arrangement.
However some constitutions have transitional clauses. But the Bonn Accord
provide the legal bases for transitional period in Afghanistan then its
suggested that a separate regulation\ Code of Conduct should be drafted to be
passed by Loya Jirga as will on to address the transitional period.
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.