Kabul, 31 December 2011
Afghanistan's constitution is adopted on 14 Jadi 1382 (1st January 2003), is the best and most democratic constitution in the country. However, not respecting the law, lack of awareness to people about constitution bullying toward the constitution has changed the law that at least some of the articles will be implemented.
According to the lawyers, Afghanistan's constitution is one of the best constitutions in the region, but the existence of conflicting and different interpretations of the material that exists, it the internal implementation structural barriers of this constitution that is seen in Afghanistan.
In the Seventh anniversary celebration of the Afghan constitution in last year, president Karzai talked about the approval of constitution as best achievement of Afghanistan, he said, he spoke for the first time existence of some troubling issues too.
However, Karzai did not explain which part of the constitution, has problem and what kind of problem or problems has created to the government until now.
But in the Last years, in some cases seen the House and Mr. Karzai both sides had different on issues of constitution that have invoked on constitution and among all of them is; The president's job ends in Jawza month, after fifth year, but it is not clear that it is from the beginning of his job or after announcing the election result or after taking the oath by the president.
As well as in a result about the House on the Parliaments vote with Karzai about Dr. Rangin Dadfar Aspnata pervious Foreign Minister was also had distinction at that time, both side were referred to the constitution articles. …
The existence of shortcomings in the Afghan constitution is a legal issue, but not matching or implementing of the existing law is a completely separate legal issue from the debate. Order to answer why the law has not been implemented, Should call on a few points; First, if the implementation of this law, many powerful, power would be limited, Second, the implementation of this law, many of those in power, will lose their power. Due to this and other reasons, so that the adapted of constitution, was not taken seriously.
The experience in countries has been adapted to the best stage, shows that the most simple way to implementing of the law is the public awareness of the people from the Law, which didn’t do any efforts for that in Afghanistan so far. In case of awareness of the law, for those who break the law will create the biggest obstacle. It is still time for adoption of the constitution after eight years that launch some good program for public awareness of the people from the Law.
Although, Ministry of Education and higher education have some plans for awareness of constitution for students. That has not been implemented until now, but it is a good start for the field of law enforcement in the country.
Written by: Hakim Mokhtar
Translated by: Ahmadi