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Afghanistan’s Constitution Has Not Been Fully Implemented

The Independent Commission Overseeing the Implementation of the Constitution (ICOIC) has said more than 20 articles of the constitution have not yet been fully implemented.

According to the ICOIC, insecurity is one of the biggest obstacles that has blocked the full implementation of the constitution.

“There are reasons why some articles of the constitution have not been implemented. Insecurity is one reason. And there have been other reasons as well,” said Mohammad Qasim Hashimzai, head of the ICOIC.

For almost a century, since the time of  Amanullah’s reign, the country has tried to have a constitution that addresses all the needs of the Afghan people. During this time at least seven constitutions have been drawn up and ratified. 

“The laws that were approved in the past, especially during the People’s Democratic Party (Khalq) governments, promoted socialism, while the constitution approved in 2003 promotes liberal values. The values that are liberal, such as freedom of expression, women’s rights and human rights are in this constitution,” said Ainuddin Bahaduri, executive director of Afghanistan’ Lawyers Union (ALU).                          

Lawyers however said rule of law has been a challenge since the constitution was approved.

According to lawyers, some of the former governments also tried to amend previous constitutions to escape the responsibilities that the constitution puts on them.

“There can be three issues why the constitution is not implemented fully: first, the content of the constitution has problems, second, some articles of the constitution were manipulated before and after it was approved, and third, government officials refused to implement the constitution as they should,” said Abdul Wahid Ferozaie, a lawyer.

Despite the challenges, it has been said that Afghanistan has the best constitution in the region and gives its citizens more rights and freedom than other countries do. 

Afghanistan’s Constitution Has Not Been Fully Implemented

According to the ICOIC, insecurity is one of the biggest obstacles that has blocked the full implementation of the constitution

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The Independent Commission Overseeing the Implementation of the Constitution (ICOIC) has said more than 20 articles of the constitution have not yet been fully implemented.

According to the ICOIC, insecurity is one of the biggest obstacles that has blocked the full implementation of the constitution.

“There are reasons why some articles of the constitution have not been implemented. Insecurity is one reason. And there have been other reasons as well,” said Mohammad Qasim Hashimzai, head of the ICOIC.

For almost a century, since the time of  Amanullah’s reign, the country has tried to have a constitution that addresses all the needs of the Afghan people. During this time at least seven constitutions have been drawn up and ratified. 

“The laws that were approved in the past, especially during the People’s Democratic Party (Khalq) governments, promoted socialism, while the constitution approved in 2003 promotes liberal values. The values that are liberal, such as freedom of expression, women’s rights and human rights are in this constitution,” said Ainuddin Bahaduri, executive director of Afghanistan’ Lawyers Union (ALU).                          

Lawyers however said rule of law has been a challenge since the constitution was approved.

According to lawyers, some of the former governments also tried to amend previous constitutions to escape the responsibilities that the constitution puts on them.

“There can be three issues why the constitution is not implemented fully: first, the content of the constitution has problems, second, some articles of the constitution were manipulated before and after it was approved, and third, government officials refused to implement the constitution as they should,” said Abdul Wahid Ferozaie, a lawyer.

Despite the challenges, it has been said that Afghanistan has the best constitution in the region and gives its citizens more rights and freedom than other countries do. 

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