Celebrating the Constitution: Upholding Rule of Law, Justice, and National Unity in Afghanistan

Speech at the 13th Anniversary of the Ratification of the Constitution of Afghanistan - ARG

Keypoints: 

• Constitution: Celebrating 13 years of national law.
• Rule of Law: Laws must apply fairly to all.
• National Unity: All groups are equal and included.
• Democracy: Power comes only from citizens’ votes.
• Separation of Powers: Branches of government are independent.
• Human Rights: Citizens’ rights must be fully protected.
• Legal Reform: Laws must strengthen the Constitution.
• Culture Change: Government must be fair and professional.

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

Excellencies the First Lady, Professor Danesh, Dr. Abdullah, the Chief Justice, Mr. Ibrahimi, Mr. Muslimyar, Mr. Hashemzai, the Attorney General, the Chairperson of the Human Rights Commission Dr. Sima Samar, honorable members of the Cabinet, honorable members of the Supreme Court, members of the Wolesi Jirga and Meshrano Jirga, honorable members of the Independent Commission for Overseeing the Implementation of the Constitution, members of the diplomatic corps, sisters and brothers: Peace be upon you!

Khosh Keldiying! Khosh Amaded! Bana Raghlast! (Welcome!)

I am pleased that we have gathered to celebrate Constitution Week and to once again express our loyalty to the most important document regulating our political and legal relations.

The Constitution as a National Covenant

Today, we are not celebrating a mere piece of paper! We are celebrating a testament, a covenant; we celebrate freedom, national sovereignty, national unity, and the equality of every Afghan with every other Afghan. Today is a day to renew our vow that all provisions of the Constitution will, Inshallah, be implemented accordingly; and that the Rule of Law, which is the desire of us all, will fundamentally be transformed into a reality.

Before the ratification of the current Constitution in 2004 (1383), for several decades, the people of Afghanistan were consumed by ideologies, and there was a divergence of opinion even on the most fundamental issues. But now, Alhamdullilah, our general path is determined by our Constitution. Thanks to our Constitution, we have a shared, defined, and clear path.

For several decades, we were in a legal crisis; we lacked fixed principles and rules, and every government would walk a different path. However, by the grace of the Constitution, power was transformed into authority. That is to say, the era where governments were established or collapsed by the force of the sword has ended. Now, one government must yield its place to another according to the rulings of the Constitution, based on the people's vote, and through mutual consent. We are all transient; Inshallah, the Constitution will be enduring.

National Identity and the Mandate of the People

Honorable compatriots! Our Constitution provided the ground for strengthening national unity in the country, and for the first time, all our compatriots—free from any type of discrimination or duality—attained equal rights. All countries possess various identities, and our beloved Afghanistan is also composed of different tribes, lineages, and languages. The Constitution recognizes all these identities, and based on this law, all of them together form a single identity: "Afghan."

Our Constitution has clarified the Islamic identity of the country, defined our national identity, and specified the procedures of the system. Based on this, the Islamic Republic system and our government are founded upon the pillars of democracy and the votes of the citizens. Therefore, no one can seize power through the force of the sword or the gun. The true owners of Afghanistan are its noble and honorable people, and it is the right of the people to have a government based on their votes.

The Balance of Powers and Judicial Independence

Furthermore, to ensure that a government elected by the people does not fall prey to autocracy, the "Balance of Powers" is another value of the Constitution of the Islamic Republic of Afghanistan. The non-interference of the Government in the affairs of the Judiciary and the Legislature, and respect for their independence, is a requirement of the Constitution.

I hope it has been proven that I view the other two branches with the same regard as I view the Executive branch. The Government respects the independence of the Judicial and Legislative branches. I say with pride that the Attorney General’s Office and the Supreme Court of Afghanistan make their decisions with more independence than ever before, and the National Assembly of Afghanistan conducts its affairs with full independence. I hope I can say with pride that I have applied the law upon myself.

Superiority Over International Human Rights Standards

Honorable compatriots! Nowadays, the Universal Declaration of Human Rights is discussed everywhere. However, our Constitution, in addition to emphasizing human rights, considers the State obligated to ensure these rights. Therefore, we can say that our Constitution has gone one step further than that Declaration in the field of human rights. In the Declaration, there is no "obligation," but in the Constitution, there is both obligation and duty, and the State has specific responsibilities regarding the observance of human rights.

I thank Mr. Hashemzai for your emphasis on rights and obligations! If our Constitution, on one hand, is the guardian and guarantor of the national, Islamic, and historical identity of Afghanistan, on the other hand, it also carries the message of change and transformation. To fully implement the values of the Constitution, we must have supplementary and completing laws in various sectors to better and more strongly fortify this secure fortress.

Achievements in Legislation and Rule of Law

The National Unity Government, by establishing the Legislative Committee under the supervision of the Second Vice President and the High Council of the Rule of Law, has focused its greatest concentration on the drafting, scrutiny, and processing of various laws.

Mr. Danesh! On behalf of the nation, the state, and the National Unity Government, I express my gratitude for your unsparing and continuous efforts; as well as to all members of the High Council of the Rule of Law. Establishing the Rule of Law, institutionalizing the culture of lawfulness, and drafting standard laws in accordance with the "Mother Law" and Islamic values are among the fundamental goals of the National Unity Government. For example, in 2015 (1394), 91 legislative documents were drafted, scrutinized, and processed. Furthermore, from the beginning of the current year until the month of Qaws, 77 legislative documents have been processed. I will take this occasion to mention the titles of some of these laws: the Electoral Law, the Penal Code, the Child Protection Law, and the Law Prohibiting the Recruitment of Children into the Armed Forces.

It is appropriate here to sincerely thank my colleagues in the legislative sector—Mr. Minister of Justice, you and all your colleagues.

Institutionalizing the Culture of Lawfulness

In order for the Constitution to be fundamentally celebrated by the entire nation, I will make a proposal to the National Assembly: that a medal titled the "Constitution Medal" be arranged in accordance with the law. This medal should be awarded to natural and legal persons who have demonstrated special merit in the sovereignty and implementation of the law. Honorable members of the National Assembly present here—I hope you will approve this!

I reassure my people that I have a firm will to implement the Constitution. Of course, the implementation of the Constitution also requires a cultural change in politics and administration. I thank Mr. Ibrahimi, Mr. Muslimyar, all the elders, Mr. Hashemzai, and Dr. Abdullah for starting a very rich discussion. I hope we all accept the Rule of Law. The day the Wolesi Jirga and Meshrano Jirga of Afghanistan become a model for the application of the law upon themselves, then all of Afghanistan will be at peace and will give you many more votes.

The Framework for Legal Reform and Future Vision

Every discussion of the law must be within the framework of the law. The Constitution has established the path for its own amendment in a legal manner, and our emphasis must be on enriching our national document. But the first point is that we must have a firm will to implement the law and accept the culture of legality as a principle that is not open to debate.

We have had successes, and clearly, we have had shortcomings as well. What we inherited was not only a continuous crisis but conditions that exacerbated crisis. Managing a crisis under conditions where we have a clear will that the law shall not be trampled upon requires a willpower ten times more firm. I hope the people have seen this will.

At the same time, there are many provisions that must transform mandates into coherent programs. Therefore, it is necessary that the administration of Afghanistan—whether the judicial, executive, or any part of the civil administration—does not become the subject of small politics and deals. Every Afghan must have the right to participate in the administration based on transparent and clear criteria, rather than passing through "special gates." The nation is a single nation; the administration must be national, professional, and impartial.

If our Constitution is implemented in its full sense, we will transform into a society that will be the pride of both the world and our own history. The people of Afghanistan, who have sacrificed so much at the hands of oppression, injustice, and lawlessness, are more hopeful and deserving of the implementation of the law than anyone else.

Yashasin Afghanistan! Long live Afghanistan!