Center on International Cooperation

Post Conflict Peacebuilding > Afghanistan Reconstruction Project > Constitution Resource Page

See below for commentaries and documents on the drafting of a new construction for Afghanistan. These include options papers commissioned by CIC's Afghanistan Reconstruction Project. In most cases, the original paper is in English. Translations into Dari and Pashto are posted as they become available.

GENERAL PAPERS
Link	Description
General Commentaries and Documents	Find general information and primary sources on Afghanistan's constitution in this section.
OPTIONS PAPERS
Link	Description
Role of Religion	A paper looking at the history of the constitutions in the Muslim world. After a review of advantages and disadvantages of existing court systems in Iran, Turkey, Saudi Arabia, Lebanon, and India the paper provides options relevant to Afghanistan.
Structure and Role of a Constitutional Court	Scholars discuss the evolution of constitutional courts in the political transitions of the 1990s. Using examples from a wide range of countries, including Germany, Bosnia and Herzegovina, Azerbaijan, South Africa, Malaysia, Spain, France, Hungary, Russia, and Turkey, these papers discuss options for establishment of a constitutional court in Afghanistan
Structure of the Administration: Centralization and Decentralization	Two scholars with experience in Kenya and Ethiopia, among others, discuss unitary and federal options. They take into account that Afghanistan, historically, had one of the most centralized forms of government with highly decentralized power structures. Aided by CIC's independent research on the topic, they address the advantages and pitfalls of each form.
Structure of the Government: Presidential and Parliamentary, Electoral Schemes	There is a strong tendency towards a presidential system among Afghans. Scholars and practitioners discuss relative advantages of presidential, parliamentary, and mixed systems. The discussions focus on two different though related aspects: a) the structure of the national government, especially the executive; b) the division of powers between the executive and the legislature. These papers also consider different electoral systems for both the president and parliament.
Corruption	The constitution is not an appropriate venue to lay out a detailed anti-corruption policy, but due to the significance of corruption in the Afghan political life, some may wish to place safeguards there. Lessons are drawn from countries like the Philippines, Thailand, Singapore, Kenya, and Pakistan where corruption of high officials is dealt with through constitutional measures.
Women's Rights	Throughout the past twenty-three years, Afghan women have suffered intolerable violations of their rights. Gender equality and equity are elements of human rights, supported by Islamic law and philosophy, one of whose purposes is the attainment of justice, fairness, and dignity for all human beings. The issue of women's rights and their participation in the rebuilding of the country and its institutions must be a part of the constitution making process. An Afghan lawyer provides perspectives.
States of Emergency	Declaration of state of emergency provides the executive with extraordinary power to suspend a number rights. But a requirement that the Loya Jirga approve such a measure limits abuse of power.
Economic Provisions in the Constitution	Here you can find a discussion of the economic provisions in the constitution.

General Commentaries and Documents
Title	Source	Author	Date
Constitution of Afghanistan (Unofficial Translation)	Constitutional Commission	Constitutional Commission
Public Consultation Strategy In Dari / In Pashto	Constitutional Commission	Constitutional Commission
Presidential Decree on Constitutional Loya Jirga (CLJ)	Given in Kabul.
Crafting a Constitution for Afghanistan	Journal of Democracy	Barnett R. Rubin	July, 2004
Afghan Consititution Building Exercise: Taking the Case to the People	CIC	Dr. G. Rauf Roashan	June 30, 2003
Presentation to Constitutional Commission of Afghanistan In Dari / In Pashto	Given in Kabul.	Barnett R. Rubin	June 5, 2003
The Constitution-Making Process in Afghanistan	Prepared by The Secretariat of the Constitutional Commission of Afghanistan.		March 10, 2003
The Politics of Center Periphery Relations in Afghanistan	CIC	Barnett R. Rubin and Helena Malikyar	March 2003
Afghanistan Update	Speech by Barnett Rubin at the Open Society Institute.	Barnett R. Rubin	April 30, 2002
Center-Periphery Relations in the Afghan State: Current Practices, Future Prospects In Dari	CIC	Helena Malikyar and Barnett R. Rubin	June 5, 2002
Legal Affairs Working Group Meeting	Held at the Palais des Nations, Geneva.	CIC	February 20-21, 2002
Role of Religion
A paper looking at the history of the constitutions in the Muslim world. After a review of advantages and disadvantages of existing court systems in Iran, Turkey, Saudi Arabia, Lebanon, and India the paper provides options relevant to Afghanistan.
Title	Source	Author	Date
The Role of Religion and Hanafi and Ja -afari Jurisprudence in the new constitution of Afghanistan In Dari	Memo to the Constitutional Convention of Afghanistan	Saïd Amir Arjomand	February 6, 2003
Structure and Role of a Constitutional Court
Scholars discuss the evolution of constitutional courts in the political transitions of the 1990s. Using examples from a wide range of countries, including Germany, Bosnia and Herzegovina, Azerbaijan, South Africa, Malaysia, Spain, France, Hungary, Russia, and Turkey, these papers discuss options for establishment of a constitutional court in Afghanistan
Title	Source	Author	Date
Summary of Papers on Constitutional Courts and Judicial Review	CIC	Aziz Huq	2003
A Constitutional Court for Afghanistan In Dari	American University	Herman Schwartz	February 12, 2003
Option Paper on a Constitutional Court for Afghanistan In Dari	CIC	Saïd Amir Arjomand, and Kim Lane Scheppele	March 16, 2003
Constitutional Courts: Opportunities And Pitfalls In Pashto	Duke University	Donald L. Horowitz	April 2003
Options for a Constitutional Court in Afghanistan	CIC	Pasquale Pasquino	January 26, 2003
Structure of the Administration: Centralization and Decentralization
Two scholars with experience in Kenya and Ethiopia, among others, discuss unitary and federal options. They take into account that Afghanistan, historically, had one of the most centralized forms of government with highly decentralized power structures. Aided by CIC's independent research on the topic, they address the advantages and pitfalls of each form.
Title	Source	Author	Date
Unitary or Federal: A False Choice? Decentralisation of State Powers in Afghanistan In Dari	CIC	Yash Pal Ghai	2003
The Constitution of Afghanistan: Structure of Government and Center-Periphery Relation In Dari	CIC	Bereket Habte Selassie	2003
Structure of the Government: Arguments for Presidential, Parliamentary and Mixed, and of Electoral Schemes
There is a strong tendency towards a presidential system among Afghans. Scholars and practitioners discuss relative advantages of presidential, parliamentary, and mixed systems. The discussions focus on two different though related aspects: a) the structure of the national government, especially the executive; b) the division of powers between the executive and the legislature. These papers also consider different electoral systems for both the president and parliament.
Title	Source	Author	Date
Summary of Form of Government and Electoral System Choices In Dari	CIC	CIC	2003
Forms of Government and Electoral Systems Summary of Briefing Papers for the Constitutional Drafting Commission of Afghanistan In Dari / In Pashto	CIC	Barnett R. Rubin	2003
The Constitution of Afghanistan: Structure of Government and Center-Periphery Relation In Dari	CIC	Bereket Habte Selassie	2003
Discussion of forms of Government for Afghanistan In Pashto	CIC Discussion	Barnett R. Rubin	February 2003
Government Structure and Electoral Systems In Dari	Australian National University	Benjamin Reilly	February 3, 2003
Electoral Systems And Their Goals: A Primer For Decision-Makers In Dari	Duke University	Donald L. Horowitz	January 2003
Systems of Government: Parliamentarism and Presidentialism In Dari / In Pashto	CIC	Jose Cheibub	2003
Executive, Legislative, and Electoral Options for Afghanistan In Dari / In Pashto	CIC	William Maley	2003
Corruption
The constitution is not an appropriate venue to lay out a detailed anti-corruption policy, but due to the significance of corruption in the Afghan political life, some may wish to place safeguards there. Lessons are drawn from countries like the Philippines, Thailand, Singapore, Kenya, and Pakistan where corruption of high officials is dealt with through constitutional measures.
Title	Source	Author	Date
Summary of Papers on Anti-Corruption Measures in the Constitution of Afghanistan In Dari	CIC	Barnett Rubin	2003
Anti-Corruption Provisions in The Afghan Constitution?	CIC	Andras Sajo	2003
Corruption In Dari	CIC	Susan Rose-Ackerman	2003
Women's Rights
Throughout the past twenty-three years, Afghan women have suffered intolerable violations of their rights. Gender equality and equity are elements of human rights, supported by Islamic law and philosophy, one of whose purposes is the attainment of justice, fairness, and dignity for all human beings. The issue of women's rights and their participation in the rebuilding of the country and its institutions must be a part of the constitution making process. An Afghan lawyer provides perspectives.
Title	Source	Author	Date
Implementating Women's Representation in Afghanistan's Electoral Law: Options for Reserved Seats	CIC	Pippa Norris	2004
Women's Rights in the New Constitution of Afghanistan (short version) In Dari / In Pashto	CIC	Mariam A. Nawabi	2003
Women's Rights in the New Constitution of Afghanistan (long version) In Pashto	CIC	Mariam A. Nawabi	2003
Gender Equity in the Laws of Afghanistan	Presented to the Legal Affairs Working Group, ARC, Geneva.	Mariam A. Nawabi	February 20-21, 2002
States of Emergency
Declaration of state of emergency provides the executive with extraordinary power to suspend a number rights. But a requirement that the Loya Jirga approve such a measure limits abuse of power.
Title	Source	Author	Date
Summary of Briefing Paper on States of Emergency In Dari / In Pashto	CIC	Aziz Huq	2003
Economics Provisions of the Constitution
Here you can find a discussion of the economic provisions in the constitution.
Title	Source	Author	Date
Constitutional Options: Economic Provisions In Dari	CIC	Clive J. Napier	May 2003