Afghanistan Constitutional Questionnaire. (Page 28)

~ As sala'amu alaikum ~

I would urge all Afghans to answer the Constitutional Commission's Questionnaire and send it to them so that they will be aware of your interesting thoughts, theories, ideas, and opinions about Aghanistan's New Constitution!

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Questionnaire regarding the new Afghan Constitution that was prepared by the Secretariat of the Constitutional Commission and distributed throughout Afghanistan.

The questionnaire is available in Dari, Pashto and English.

Afghans here in the U.S. and other parts of the world can express their views and opinions by answering these questions. E-mail them back to the following address:

email: [email protected]

web site: Afghan Constitution Questionnaire

Download Sites:

***Afghanistan Constitutional Questionnaire***

( ENGLISH )

PREAMBLE / THE FUNDAMENTAL PRINCIPLES OF THE STATE

Many constitutions have a preamble which is a short text designed to introduce the constitution, explain its historical significance, valued principles such as the holy tenets of Islam, national values and international covenants. Constitutions also can contain a statement of principles that should direct the state. Some constitutions state the goals of the state and important principles upon which the foundation of the country should be built.

Q.1. What are your recommendations for the preamble?
Q.2. What specific values or principles of Afghan society should be included in the Constitution to guide the state and promote, peace, stability, national reconciliation and unity?

RELIGION

Nearly all Afghans are Muslims and the constitution will be based on the principles of the holy religion of Islam.

Q.3. Afghanistan is a multi-ethnic country, and followers of various Madhabs live in the country. In your view, how should the relationship between these Madhabs be arranged in the constitution?
Q.4. How should the constitution deal with the fact that there are some Afghans who follow religions other than Islam, particularly if this constitution is to promote national unity?

THE RIGHTS & DUTIES OF THE PEOPLE

One of the most important functions of a constitution is to define, protect and enforce the rights of the people.

Q.5. What rights of the people do you think should be promoted and guaranteed in the constitution?
Q.6. Are there groups of people such as women, widows, orphans, war martyrs, disabled, children, etc., within society who you feel are not always properly treated and need the state to take special measures to help them? If so, what groups need this help and what measures should be taken?
Q.7. How can the constitution promote security for all Afghans?
Q.8. How can the constitution ensure that the rights that belong to the people are enforced and protected?

SYSTEM OF GOVERNMENT

Q.9. There are systems of government, including presidential, parliamentary, monarchy and mixed systems. Do you have a preference for any of these systems of government?
Q.10. Should the leader of the nation be a president elected by the people or a prime minister appointed by the parliament?
Q.11. Should Afghanistan have a mixed system whereby the president and prime minister share powers? If so, how should these powers be shared?
Q.12. What should be the qualifications of the leader of a nation?

PARLIAMENT

In the past, the parliament had two houses, a Wolesi Jirgah elected by the people and a Meshrano Jirgah (House of Elders), with 1/3 of the members appointed by the head of state and 2/3 elected by provincial councils and residents of provinces.

Q.13. Do you think the parliament should continue to have two houses or one?
Q.14. How should the representatives to parliament be elected or appointed to serve you best?

LOYA JIRGA

A Loya Jirga could be held to decide important matters.

Q.15. Should the constitution provide that a Loya Jirga be formed to decide important issues? If so, what matters should a Loya Jirga consider?
Q.16. How should members of the Loya Jirga be chosen to represent the diversity of the nation?

STRUCTURE OF ADMINISTRATION

Q.17. Should the constitution provide for shuras at the provincial, district or village level? If so, with what matters should each level of shura deal? How should they relate to each other and the national government?
Q.18. Should there be any special kind of measures to ensure participation or representation of all Afghans especially women at every level of government?
Q.19. What types of services -- such as education, health care, security, the provision of water -- should your government prioritize and provide to you and at what level of government should those services be administered?
Q.20. How should the environment be protected?
Q.21. Should there be moral and ethical or any other special qualifications for elected or appointed public officials? If so, what should they be?
Q.22. Some forms of corruption may exist in every society. If there is a complaint about official corruption, is there a place in our country where you can get your complaint handled? If not, do you have a suggestion for ways the constitution could address corruption?
Q.23. How should the constitution ensure the enforcement of the rights of the people and fulfillment of the government obligations provided in the constitution?

JUDICIARY

In the past, constitutions of Afghanistan have contained provisions providing the competency, independence and honesty of the judiciary. How should the future constitution deal with these issues?

Q.24. ?
Q.25. If the constitution was to define the conduct or qualifications of judges, what would you suggest these should contain?
Q.26. How should judges be appointed and what qualifications and moral characteristics should they have?
Q.27. Do you believe that it is important for judges to be independent so that they are not influenced by any source in making their decisions? If so, how could their independence be achieved?
Q.28. Should the constitution define the relationship between the official courts of the state and the local jirgas and shuras, through which many Afghans resolve their disputes? If so, what should be the relationship between them?
Q.29. Should there be a special court or other mechanisms that reviews the laws to ensure their conformity with the constitution?

POLICE AND ARMED FORCES

Afghanistan needs an effective army and police to protect its territorial integrity, but it is important to ensure that they protect the interests of the nation rather than the interests of one group or individual.

Q.30. Should the constitution provide for ways to ensure that the army and police serve the national interest and not the interest of a particular group or individual? If so, how?

CITIZENSHIP

Q.31. What should be the obligations and duties of citizens, both to each other and to their country?

LANGUAGE

Afghans speak a number of languages such as Pushtu, Dari, Uzbeki, Turkmani, Balochi, Pashaee, Noorustani, and others.

Q.32. What should be the official language or languages of the state?
Q.33. What rights or protection should the constitution provide for those Afghans whose mother tongue is not an official language? What should the constitution provide for education, publications, laws, or broadcasting in those languages?

ADDITIONAL CONSTITUTIONAL QUESTIONS OR ISSUES

Please feel free to comment on any other constitutional question or issue that you wish to be considered by the Constitutional Commission -- :

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Past Constitutions of Afghanistan can be viewed at:

~ Click On The Links ~

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Afghanistan Constitution of 1923

Afghanistan Online Constitutions of the Past (1923)

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Afghanistan Constitution of 1963/1964

Afghanistan Online Constitutions of the Past (1963/1964)

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Afghanistan Constitution of 1976

Afghanistan Online Constitutions of the Past (1976)

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Afghanistan Constitution of 1987

Afghanistan Online Constitutions of the Past (1987)

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Afghanistan Constitution of 1990

Afghanistan Online Constitutions of the Past

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Constitutional Commission:

email: [email protected]

web site: Afghan Constitution Questionnaire

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Final Draft Constitution of Afghanistan

Statement by the Secretariat of the

Constitutional Commission of Afghanistan

After twenty five years of strife and conflict, destitution and homelessness, disregard for the rule of law, injustice and massive human rights abuses, Afghanistan and its people have recently begun to build a new society. The current conditions in Afghanistan requires the formation of a new society in accordance with the wishes and aspirations of its people and one that is based on democracy and human rights and respects to Afghanistan�s national and international obligations. The wish to establish such a society is clearly reflected in the Bonn Agreement of 5 December 2001. It was agreed upon by Afghan representatives under the auspices of the United Nations in Bonn, Germany. The Agreement was in response to national, regional and international developments allowing Afghanistan to achieve a cohesive political and legal mechanism.

The responsibility to create a new, law-abiding society was given to the Interim Administration and its successor, the Transitional Islamic State of Afghanistan by the Bonn Agreement. The agreement calls for the drafting of a new constitution within eighteen months from the establishment of the Transitional Islamic State of Afghanistan. His Excellency, Hamid Karzai, President of the Transitional Islamic State of Afghanistan, through Decree number 141 of 13.07.1381(5 October 2002) assigned a nine member commission comprised of legal scholars to draft a new constitution. The Drafting Commission was inaugurated by the Father of the Nation, Mohammad Zahir, and started its work on 12.08.1381 (5 November 2002). The Presidential Decree 3723 of 06.08.1381 (28 October 2002) established a Secretariat to support the work of the Drafting Commission. Paying a high regard to the political, religious, social, cultural and economic realities of today�s Afghanistan and with access to and the benefit of all previous constitutions of the country along with a detailed study of constitutions belonging to other nations, in particular Islamic nations, the Drafting Commission prepared the Preliminary Draft of the new Constitution.

To further enrich the process of making the new constitution, President Hamid Karzai legislated through Decree number 6 of 06.02.1382 (26 April 2002) the establishment of a successor commission, the Constitutional Review Commission. The Commission was comprised of thirty five members and brought together the country�s top legal and religious scholars, including women. The Preliminary Draft prepared by the Drafting Commission was handed over to the Review Commission. Over an eleven month period, the Constitutional Review Commission made honest and tireless efforts to complete its historical mission.

To enhance public participation in the process, from April to July 2003 the Secretariat of the Constitutional Review Commission launched a Public Education and Consultation programmes all over Afghanistan as well as in Iran and Pakistan to educate Afghans on the constitutional making process and receive public opinion on the draft constitution. Members of the Constitutional Review Commission attended about five hundred and fifty five (555) public consultation meetings, in which thirty five thousand five hundred and three (35503) women also participated. A total of four hundred and eighty four thousand and four hundred and fifty (484,450) questionnaires were distributed. Simultaneously messages, letters and queries were submitted to the Commission. People were able to express themselves freely in these meetings and a proper record of what had been said was developed. The Commission has worked honestly and diligently to accurately reflect the views, wishes and aspirations of the people in the draft constitution.

In the performance of its mandate, the Commissions have always tried to act in accordance with the blessed tenets of Islam, accepted national traditions and customs and with regard to current socio-political realities. It is main objective has been to produce a national document that could effectively regulate the new social and political life in Afghanistan and help achieve national unity, democracy and prosperity after decades of violence and chaos. The draft constitution after completion was presented to President Karzai and published thereafter. It is now being made available to you to study and reflect upon. Your ideas and recommendations will play a constructive role in enriching this national document. The Draft Constitution will be reviewed and approved at the Constitutional Loya Jirga (CLJ) by the people�s representatives among whom there are four hundred and fifty (450) elected representatives and fifty (50) selected by President Karzai. The Constitutional Loya Jirga will be convened in Kabul in December 2003.

Long Live Afghanistan!

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