BRITISH AND FOREIGN STATE PAPERS. FUNDAMENTAL CODE of the Exalted Government of Afghanistan. (Translation.) (Extracts.) THE Exalted Government of Afghanistan controls with full independence the management of its internal and external matters. According to the order and sacred will of His Majesty, all places and parts of the country are comprised in one corporate whole, and no distinction whatever is made between different parts of the kingdom. 2. The religion of Afghanistan is the holy religion of Islam. The followers of other religions, Hindus and Jews, who live in Afghanistan are accorded protection, provided they do not disturb the public peace and customs. 3. The capital of the kingdom is Kabul. The people of the whole of Afghanistan are all equal in the eyes of the Government, and the inhabitants of Kabul have no special privileges as compared with those of other cities and towns in Afghan territory. 4. In view of the extraordinary services rendered by His Majesty for the progress, exaltation and independence of the Afghan nation, the noble Afghan nation engages that the Kingdom of Afghanistan will pass to the children of this King, the well-wisher of Afghans, following the principle of descent in accordance with the choice of His Majesty the King and the people. His Majesty the King at the time of his accession to the throne engages in the presence of the nobility and public that he will transact the affairs of Government according to the Islamic law and this fundamental code, will regard the independence of Afghanistan and be true to his country and nation. 5. The person of the King is the servant and defender of the true religion of Islam and the commander and King of all Afghan subjects. 6. Government affairs are managed by the Ministers of State, who are selected and appointed by the sacred decision of His Majesty. Every Minister is regarded responsible for [CXVIII] [13945] B the affairs in his charge, and hence no responsibility attaches to the Royal person of the King. 7. The mention of the Royal name in the Friday sermon, the striking of coin in that name, the institution of ranks and dignities according to the special rules, the grant of orders, the selection and appointment of the Prime Minister and other Ministers of the Cabinet, their dismissal and transfer, the ratification of general regulations, the announcement of their operation, the maintenance and execution of Islamic and State law, the general command of the Afghan forces, the declaration of war, the conclusion of agreements and treaties in general, the grant of pardon and remission of sentences passed by law, both generally and in special cases, are all regarded as exalted privileges of the King. General Rights of Afghan Subjects. 8. Every person who lives in Afghanistan is called, without any religious or sectarian distinction, an Afghan subject. Afghan nationality can, according to special rules, be acquired or abandoned. 9. All Afghan subjects possess personal freedom and do not interfere with or destroy the freedom of others. 10. Personal freedom is immune from any sort of infringement or interference, and no one can be arrested and punished in the absence of orders passed under the Islamic or State law. The principle of slavery is totally abolished in Afghanistan, and no one, either man or woman, can employ any person as a slave. 11. Publications and newspapers in Afghanistan are free according to the rules specified for them. The publication of a newspaper is the right of the Afghan Government and Afghan subjects only. In regard to foreign publications, the Exalted Government of Afghanistan can impose certain conditions and restrictions. 12. In accordance with the regulations issued, Afghan subjects can form every kind of company for purposes of trade, art and agriculture. 13. If Afghan subjects, individually or collectively, find Government officials or others acting against the great Islamic or State law, they can file a petition in the Government offices. If the offices to which application has been made do not take any action upon or pay attention to their petition, complaint should be made to their superiors in successive degree. In case none of these take any action, they can submit a petition direct to His Majesty. 14. Education is altogether free. Generally, every Afghan subject is permitted and authorised to give general or special tuition in accordance with the general code of the Education Department, but foreigners, except those employed for purposes of education, are not authorised to open or manage any school in Afghanistan. 15. Schools in Afghanistan generally are under the supervision and inspection of Government. The Government takes into careful consideration all such means and plans for the educational and national progress of all Afghan subjects as tend to good administration and harmony, but it does not interfere with educational principles concerning the matters of religion and belief of "Ahl-i-Zimma "(1) and other protected persons. 16. All Afghan subjects enjoy equal rights in Government service under the great Islamic and State law. 17. All Afghan subjects are employed as may be required in Government departments according to their qualifications and abilities. 18. Revenue and fixed taxes are assessed under the special codes according to the wealth and position of Afghan subjects from whom they are collected. 19. In Afghanistan every person is free to enjoy the money and landed property which he possesses, and if a plot of land be required by the Government for the public benefit the Government can, according to the special code, acquire it on previous payment of its price to the owner. 20. The residence and house of every Afghan subject are immune from any interference, and no one on behalf of either the Government or the public can enter the house of anyone forcibly and without permission except under an order passed in accordance with law. 21. In the Courts of Justice the applications and complaints of the public are decided under the Islamic law and the principles of civil and criminal Courts. 22. The corveé and forced labour are totally forbidden, but under the special code the work and duties which are incumbent in time of war are excepted from this rule. 23. Nothing is to be recovered from the people beyond what is laid down in the State regulations. 24. The rack and other forms of torture are totally forbidden, and no punishments which are not specified in the Civil and Military Penal Codes will be inflicted on anyone. Ministers. 25. In Afghanistan the business of Government is in the hands of Ministers of the Cabinet and of independent departments. The Cabinet meetings are presided over by (1) Translator's note. " Ahl-i-Zimma," i.e., the "Ahl-i-Kitab" ("People of the Book," viz., Jews and Christians) who are under the protection of a Moslem ruler. [CXVIII] B 2 |