Only Article 21 of Constitution not violated: Survey
The 185-page survey “The Constitution, Violations and Vacuums” has been conducted by the Afghanistan Freedom House (AFH), a non-governmental agency.
Ali Aqa Mazidi, a researcher with the AFH, told a news conference in Kabul the survey was based on information from the Independent Commission for Overseeing the Implementation of the Constitution (ICOIC), parliamentary commissions, the Ministry of Justice.
He said documents provided by some people and views of political experts were part of the survey conducted over a period of three months.
“Democracy, respect to women’s rights, a pillars-based government, attention to education, nomads, freedom of religion and individuals and the creation of free market are among advantages of the constitution,” he said.
But Mazidi said the Constitution had been continuously violated since the time it was approved. “Our agency identified 92 types of violations of the Constitution, except the 21st Article that says Kabul is the capital of the country and the rest 161 Articles have been violated by the judiciary, the legislature and the executive branches,” he said.
He said the key violators include the president, ministers, governors, police chiefs, mayors and powerful individuals.
Refusing to approve some laws by the president, violating election date, failing to develop a society free of discrimination and economically-stable, the presence of acting departmental heads and releasing prisoners without court orders are violations committed by the executive branch of the government, he said.
He cited other constitutional violations as the creation of parallel departments, extension of the chief justice tenure in office, the delay in approving ‘basic structure of the government law’, extending the period of selected members of the Meshrano Jirga, a low presence of female representatives in parliament, no access to information and not observing the rules for membership in election bodies.
He said the legislature also violated the Constitution by creating a special tribunal to decide elections related cases. He said the judiciary did not observe justice and girls who eloped were treated as criminals.
Former president Hamid Karzai had personally violated 13 articles, particularly the 122nd article of the Constitution about the independence of judiciary, Mazidi said, adding Karzai had released militants whose cases were sub judice.
The AFH said the lack of awareness about the Constitution and other laws, anomalies in the constitution, ambiguity in some parts of the law, misuse of authority, seeking for power, presence of powerful individuals, corruption and the presence of some vacuums in laws have paved the ground for violations.
The Constitution was approved by people’s representatives in 2002 in 12 chapters and 162 articles.
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