National Reconciliation, General Amnesty and Stability Bill

Create: 05/18/2015 - 10:33

Mr. Sarwar Danish,
Minister of Justice.
Based on its approval by both houses of parliament on 16/2/1387, the six-article National Reconciliation, General Amnesty and Stability Bill is hereby signed into law under Article 94 of the Constitution. It is being sent to you for publication in the Official Gazette of Afghanistan.
President Hamid Karzai,
Islamic Republic of Afghanistan.
To the Presidential Palace,
Kabul, Afghanistan.
From Lower House (Wolesi Jirga),
National Parliament.
Subject: National Reconciliation, General Amnesty and Stability Bill
Passed by both houses of parliament on 16/2/1387, the six-article National Reconciliation, General Amnesty and Stability Bill is hereby sent to Your Majesty for signing into law.
Mohammad Yunus Qanuni,
Speaker of Wolesi Jirga.
OFFICIAL GAZETTE                            Dated 12/9/1387
National Reconciliation, General Amnesty and Stability Law
In protecting the religion of Islam and defending the country, the Afghan people’s rightful jihad, resistance and struggle are among high values of Afghanistan’s history. They are counted as our prominent pride.
Whereas jihad, resistance and the rightful struggle of our people to defend the religion and the country are splendid achievements in the history of Afghanistan. They are considered as our distinguished national pride.
On the other hand, enactment of the Reconciliation Law, an end to war and bloodshed, national unity and building confidence among different segments of society are imperative steps under the current circumstances.
To achieve these objectives, the National Reconciliation, the following National Reconciliation, General Amnesty and Security Law is hereby enforced to achieve the above objectives:
Article 1
This law is adopted for the purpose of strengthening reconciliation and national stability, ensuring the supreme interests of the country, ending rivalries and building confidence among the belligerent parties, based on their immunity in case of adherence to the Constitution and other laws in force in the country.
Article 2
To strengthen peace, stability and end the war, the National Parliament of Afghanistan calls on all armed groups in opposition to the government to join the process of strengthening stability and national reconciliation and participate in strengthening the system and reconstruction of the country.
Article 3
(1) All political factions and rival parties involved in one way or another in hostilities before the establishment of the Interim Administration shall be included in the reconciliation and general amnesty programme for the purpose of harmony among different segments of society, strengthening stability and starting a new life in the political history of Afghanistan. They should enjoy all their legal rights and shall not be prosecuted.
(2) Those individuals and groups, who are still in opposition to the Islamic Republic of Afghanistan, but cease enmity after the enforcement of this law and join the process of national reconciliation, respect the Constitution and other laws, shall enjoy the benefits of this.
(3) The provisions set forth in clauses (1) and (2) of this article shall not affect the claims of individuals against individuals based on HaqulIbad (rights of people) and criminal offences in respect of individual crimes.
Article 4
(1) Those under prosecution due to crimes against internal and external security of the country shall not enjoy the benefits of this law.
(2) Those sentenced for crimes against internal and external security of the country shall be forgiven or their punishment mitigated by separate decrees, according to the situation and based on recommendations and guarantee from the Commission for Consolidation of Peace if they commitnot to resume their past activities.
Article 5
In order to help end violence and distrust between the government and armed opposition factions and to strengthen stability and reconciliation, an extraordinary commission shall be appointed by the National Assembly to prepare the grounds for their joining the process in cooperation with the Commission for Consolidation of Peace.
Article 6
This law shall be enforced from the date of endorsement and published in the official gazette.