Where the Afghan Constitution threatens democracy Commentary
Where the Afghan Constitution threatens democracy
Edited by:

Khalid Sekander [former legal advisor to USAID]: "An Afghan university journalism student was recently convicted of blasphemy and sentenced to death by an Afghan trial court for expressing the idea that polygamy may be an inappropriate practice under Islam. The sentence is on appeal, and, meanwhile a majority of the members of the upper house of the Afghan parliament (Meshrano Jirgha) passed a resolution condoning the court's severe sentence – parliament has since retracted its position, but the government's message to its citizens is loud and clear: do not debate religious issues.

The scenario seems a stark contradiction to the post-Taliban government's seemingly noble intentions to herald-in a democratic era and meaningfully embark on the road to democracy by promising its citizens and the international community a constitution that enumerates and safeguards fundamental human rights.

The source of this contradiction is the primary law of the land, the Afghan Constitution of 2004. After four rushed months and more than $40 million, Afghanistan's Constitutional Commission proudly unveiled its 'democratic' constitution.

A close reading of the constitution reveals the exercise of the supposed enumerated constitutional 'rights' are conditioned on the notion that the exercising of those rights should not violate the principles of Islam. This cleverly placed obstruction prevents the full development and realization of democratic values and beliefs in Afghanistan, and provides the courts and government the legal justification to do as it wishes in the name of Islam.

This is a clear case where the constitution threatens democracy."

Opinions expressed in JURIST Commentary are the sole responsibility of the author and do not necessarily reflect the views of JURIST's editors, staff, donors or the University of Pittsburgh.
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