Enforcement not existence of constitution can resolve problems

Tuesday, 09 January 2018 03:39 Written by  Heart of Asia Read 194 times

Afghanistan has one of the best constitutions in the region in terms of civil liberties and some other features, but Afghan governments have failed to implement it. Neither the current nor the previous government succeeded to enforce the Constitution in its entirety. Sad to say, its level of respect, especially among government officials, is shrinking day by day. The government, whose primary obligation is to enforce the country’s constitution as the mother of all laws, has violated it in several cases. According to a report, as many as 94 articles of the Constitution have been violated so far. 


This week marks the “Constitution Week” in Afghanistan celebrated through gatherings and public awareness programs. The government not only has failed to implement the supreme law, but also has not done public awareness campaign as much as necessary. Based on estimations, less than half of Afghan citizens even don’t have basic knowledge of the Constitution, though it is one of the most important instruments playing a key role in all facets of their lives, and as a legal principle, ignorance of law is no excuse.  

Constitution, as the foundation of government systems, carries a lot of significance in sovereign countries. Most major affairs of states, including the legislation of laws, are regulated in the light of constitution; therefore, the implementation of constitution, as a key in social order, is a fundamental need. The violation of constitution has become a wrong pattern in Afghanistan because governments have not yet meted out punishments to the violators. Another major problem with regard to the country’s constitution is its interpretation on the basis of individual interests. Without any regard for its context and relevance, governments and political groups are trying to construe the constitution as their interests require so as to pave the way for its misuse. 

Some people have no proper respect for the Constitution under the pretext of having flaws, but it is in no event justifiable. As long as it is not amended, every Afghan is obliged to comply with it, and the violators must be punished. 

If the issue of violation of constitution is reviewed comparatively, government officials have broken it more than anyone else. The repeated delay of parliamentary and district council election is the latest and most concurrent violation committed by the National Unity Government. Laws guarantee justice in a society only when they are implemented. The existence of laws by itself cannot help Afghan people, so there is a serious need for them to be enforced.


Last modified on Tuesday, 09 January 2018 03:46

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