Afghanistan Constitution: Upholding Rights, Law, and Unity

Message on Occasion of the Constitution Ratification Week

Keypoints: 

• Protection of Rights: Upholding citizens’ legal and human rights.
• Rule of Law: Governance by law, not force or personal interest.
• National Unity & Consensus: Constitution as a tool for cohesion among diverse groups.
• Separation of Powers: Respecting independence of executive, legislature, and judiciary.
• Continuity & Reform: Legal amendments to maintain stability.

In the name of Allah, the Most Gracious, the Most Merciful.

Over the past fifteen years, one of the greatest successes in our national life has been the drafting and ratification of the Constitution.

In the month of Jadi, 1382 (January 2004), as a free and civilized nation, we were able—in the light of Islamic and national values, social realities, and past experiences—to ratify our most important document governing political and legal relations: the Constitution. Through this, we established a clear framework and methodology for all other laws.

After struggling for years with imposed wars and internal conflicts, we finally succeeded in possessing this Constitution. Reaching such a common document, upon which diverse political sides could find satisfaction and consensus, was no easy task. Therefore, it is essential that we never forget the role and significance of this sacred covenant in ensuring national accord and that we remain forever cognizant of its value.

From Rule by Force to the Rule of Law

In past eras, the right to govern usually belonged to those who could wield the sword better than others. However, a primary purpose of constitutions is to transform the relationship between the people and the state from one of "ruler and subject" into a contract of mutual obligations and rights. This means a ruler does not hold the right to govern because of conquest, but because the people have placed their trust in them. Based on a legal document, the people accept the governing authority within a framework of specific conditions and regulations.

Fortunately, our Constitution stands among the best in the world in terms of observing the rights of the people. This is yet another reason why we should celebrate our Constitution with pride and honor, remaining aware of the high status of this national covenant. It is necessary that Afghanistan’s civil society, the media, religious scholars, and academic centers do not settle for merely celebrating the anniversary of its ratification; rather, they should clarify the value of this national document on various occasions and inform society of their rights and obligations.

The Independence of the Three Branches

As the President of the country, the protection and implementation of the Constitution is one of my most important and primary duties. Our collective effort must be to implement this national covenant fully and make it a part of the practical lives of our people.

The balance between the three branches of government is a vital value of the Constitution of the Islamic Republic of Afghanistan. Refraining from interference in the affairs of the Judicial and Legislative branches, and respecting their independence, is a strictly necessary requirement for the implementation of the Constitution. As the head of the three branches, I am committed to this principle. I am pleased that our Legislative branch conducts its affairs with independence, and that our Chief Justice and the members of the Supreme Court are more attentive than ever to ensuring that their rulings follow only the law, allowing no authority to interfere in their work.

Learning from History

Afghanistan first gained a constitution in the modern sense during the era of King Amanullah Khan. Since then, we have had several constitutions, but unfortunately, each time these laws were left mid-way due to political interruptions and reached no lasting conclusion. Learning from the bitter experiences of the past, we must not allow anyone in the future to act against the Constitution for personal or group interests, nor sacrifice our political and legal system to their own whims.

Every constitution can be amended and completed based on the new needs of society. However, reform must necessarily take place within the framework of the law so that no interruption occurs and continuity is maintained. Respect for the Constitution is, in reality, respect for stability, peace, social solidarity, and Islamic, national, and human values.

Long live Afghanistan!