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Editorial: Legal framework

The current constitution of the country is 13 years old now. It was approved by a special Loya Jirga (Grand Assembly) and was signed by the former president Hamid Karzai in January 2004, after the Taliban’s regime was toppled by the US invasion in 2001.

It is considered one of the best constitutions in the region. The rights and responsibilities of every citizens of Afghanistan are highlighted in the constitution, in which, the freedom of speech, press and religions is secured.

After several years of lack of law and central government, the people of Afghanistan hoped they would enjoy a civil life under the constitution and a legal government as the executive organ, just like other nations.

The constitution does not allow anyone either the high level officials or the ordinary people to violate the law and the human rights.

But, how the constitution has been so far put in practice? Are the authorities really working to institutionalize the constitution as the executive figures? Are the people feeling their lives, properties and rights safe in the shadow of the constitution?

The social situation has not only been improved, but is getting worsened day by day. People do not feel safe and cannot dare to invest. Illegal armed groups often supported by some government officials, warlords and other influential figures, threat people’s lives.

Everybody claims of respecting the constitution, but nobody does it really. Joblessness is increasing and nobody cares, while the government is responsible of job creation for the people, based on the constitution.

Poverty that was expected to be decreased is increasing. Brain drain is intensively continuing and thousands of educated youth cannot find jobs, so they migrate to the regional or European countries.

Corruption has widely extended in the government offices and people do not expect their legal problems are solved unless paying bribe to the government employees. Drug trafficking is another problem. About three million people are addicted and they receive drugs easily in the capital and other big cities, while police are silent.

All of these problems are taking place because the constitution is not put in action. If the government officials and people feel responsibility towards the constitution, surely, a lot of these problems will be removed. Respecting the constitution as the legal framework between the government and the people will even help the security improvement. When people are safe and have jobs, no one will join the insurgents or other illegal armed groups.

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