Title III. The Basic Rights and Duties of the People
Article 25
The people of Afghanistan, without any discrimination or preference, have equal rights and obligations before the law.
Article 26
Liberty is the natural right of the human being. This right has no limitations except the liberty of others and public interest as defined by the law.
The Liberty and dignity of the human being are inviolable and inalienable. The State has the duty to respect and protect the liberty and dignity of the individual.
No deed is considered a crime except by virtue of a law in force before its commission.
No one may be punished except by the order of a competent court rendered after an open trial held in the presence of the accused.
No one may be punished except under the provisions of a law that has come into effect before the commission of the offence with which the accused is charged.
No one may be pursued or arrested except in accordance with the provisions of the law.
No one may be detained except on order of a competent court, in accordance with the provisions of the law.
Innocence is the original state; the accused is considered to be innocent unless found guilty by a final judgement of a court of law.
Crime is a personal deed. Pursuit, arrest or detention of the accused and the execution of sentence against him does not affect any other person.
Torturing a human being is not permissible. No one can torture or issue orders to torture a person even for the sake of discovering facts, even if the person involved is under pursuit, arrest or detention or is condemned to a sentence.
Imposing punishment incompatible with human dignity is not permissible.
A statement obtained from an accused or any other person by compulsion is not valid.
Confession of a crime means the admission made by an accused willingly and in full possession of his senses before a competent court with regard to the commission of a crime legally attributed to him. Every person has the right to appoint defence counsel for the removal of a charge legally attributed to him.
Indebtedness of one to another cannot cause deprivation or curtailment of the liberty of the debtor. The ways and means of recovering debt shall be specified in the law.
Every Afghan is entitled to travel within the territory of his State and settle anywhere except in areas prohibited by the law. Similarly, every Afghan has a right to travel outside of Afghanistan and return to Afghanistan according to the provisions of the law.
No Afghan shall be sentenced to banishment from Afghanistan or within its territory.
Article 27
No Afghan accused of a crime can be extradited to a foreign State.
Article 28
A person’s residence is inviolable. No one, including the State can enter or search a residence without the permission of the resident or the orders of a competent court and in accordance with the conditions and procedure specified by the law.
In cases of witnessed crimes the responsible officer can enter or search the residence of a person without the permission of the resident or the prior writ of the court on his personal responsibility. The officer is bound to get the order of the court within the time limit set by the law after his entry into the house or its search.
Article 29
Property is inviolable. No one’s property can be confiscated except in accordance with the provision of the law and the decision of a competent court.
Expropriation is allowed only for securing public interest, against an advance equitable compensation, in accordance with the provisions of the law.
No one shall be prohibited from acquiring property and exercising the right of ownership of the same, within the limitations of the law. The ways of utilising property shall be regulated and guided by the law, for securing the public interest.
Investigations and declarations of a person’s property can be made only in accordance with the provisions of the law.
Foreign States and nationals are not entitled to own immovable property in Afghanistan. Subject to the approval of the Government, immovable property may be sold to the diplomatic missions of foreign states on a reciprocal basis and also to those international organisations of which the State of Afghanistan is a member.
Article 30
The freedom and secrecy of people’s communications, whether by writing, telephone, telegraph or other medium, are inviolable.
The State has no right to search personal communications except by the order of a competent court and in accordance with the provisions of the law.
In urgent cases, defined by the law, the official responsible can search communications on his responsibility, without the prior permission of the court. The official concerned is bound to obtain, after the search, the decision of the court within the time limit set under the law.
Article 31
Freedom of thought and expression is inviolable.
Every Afghan has the right to express his thoughts in speech, in writing, in pictures and by other means, in accordance with the provisions of the law.
Every Afghan has the right to print and publish ideas in accordance with the provisions of the law, without submission in advance to the authorities of the state.
The permission to establish and own public printing houses and to issue publications is granted only to the citizens and the state of Afghanistan, in accordance with the provisions of the law.
The establishment and operation of public radio transmission and telecasting is the exclusive right of the State.
Article 32
Afghan citizens have the right to assemble unarmed, without prior permission of the State, for the achievement of legitimate and peaceful purposes, in accordance with the provisions of the law.
Afghan citizens have the right to establish, in accordance with the provisions of the law, associations for the realisation of material or spiritual purposes.
Afghan citizens have the right to form political parties, in accordance with the terms of the law, provided that:
- The aims and activities of the party and the ideas on which the organization of the party is based are not opposed to the values embodied in this Constitution.
- The organization and financial resources of the party are open.
A party formed in accordance with the provisions of the law cannot be dissolved without due process of the law and the order of the Supreme Court.
Article 33
Anyone who, without due cause, suffers damage from the Administration is entitled to compensation and may file a suit in a court for its recovery.
The State cannot, except in cases specified by the law, resort to the recovery of its dues without the order of a competent court.
Article 34
Education is the right of every Afghan and shall be provided free of charge by the State and the citizens of Afghanistan. The aim of the State in this sphere is to reach a stage where suitable facilities for education will be made available to all Afghans, in accordance with the provisions of the law. The Government is obliged to prepare and implement a program for balanced and universal education in Afghanistan.
It is the duty of the state to guide and supervise education.
Primary education is compulsory for all children in areas where facilities for this purpose are provided by the State.
The State alone has the right and duty to establish and administer the institutions of public and higher learning. Outside this sphere, Afghan nationals are entitled to establish technical and literacy schools. Conditions for the establishment of such schools, their curricula and the conditions of learning in such schools are to be determined by law.
The Government may grant permission, in accordance with the provisions of the law, to foreign persons to establish private schools for the exclusive use of foreigners.
Article 35
It is the duty of the State to prepare and implement an effective programme for the development and strengthening of the national language, Pushtu.
Article 36
It is the duty of the State to provide, within the limits of its means, balanced facilities for the prevention and treatment of diseases for all Afghans. The aim of the State in this respect is to reach a stage where suitable medical facilities will be made available to all Afghans.
Article 37
Work is the right and precept of every Afghan who has the capability to do it.
The main purpose of laws designed to systematize labour is to reach a stage where the rights and interests of all categories of labourers are protected, suitable conditions of work are provided and the relations between the workers and employers are organised on a just and progressive basis.
The citizens of Afghanistan are admitted to the service of the State on the basis of their qualifications and in accordance with the provisions of the law.
Work and trade may be freely chosen, within the conditions determined by the law.
Forced labour even for the benefit of the State is not permissible. The prohibition of forced labour shall not be so construed as to affect the implementation of the laws governing the organisation of collective work for the public interest.
Article 38
Every Afghan is bound to pay tax and duty to the State. No duty or tax of any kind shall be levied without the provisions of the law.
The rate of tax and duty as well as the method of payment shall be determined by law with consideration for social justice. The provisions of this Article are applicable to foreign persons as well.
Article 39
It is sacred duty of all citizens of Afghanistan to defend their country. All citizens of Afghanistan are bound to perform military service in accordance with the provisions of the law.
Article 40
It is the duty of all the people of Afghanistan to follow the provisions of the Constitution; to bear loyalty to the King and respect him; to obey law; to have due consideration for public order and peace; to protect the interests of the homeland and to participate in the national life.
