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Derechos | Equipo Nizkor
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| Legislation | | |
Derechos | Equipo Nizkor
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2009 - AFG
National Reconciliation, General Amnesty and National Stability Law
Whereas jihad, resistance and the rightful struggles of our people to defend the religion and country is the splendid achievement in the history of the country and are considered as our distinguished national glories, and whereas the realization of national reconciliation policy and ending of war and bloodshed, strengthening of national unity and building of trust among all segments of society is crucial in this juncture of time, therefore the following is approved to achieve the above:
Article 1: This law is adopted for the purpose of strengthening the 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 enforced laws of the country.
Article 2: To strengthen peace, stability and ending the war, the National Parliament of Afghanistan calls on all armed groups in opposition to the government of Islamic Republic of Afghanistan to join the process of strengthening the stability and national reconciliation of Afghanistan and participate in strengthening the system and reconstruction of the country.
Article 3: (1) All political factions and hostile parties who were involved in a way or another in hostilities before establishing of the Interim Administration shall be included in the reconciliation and general amnesty program for the purpose of reconciliation among different segments of society, strengthening of peace and stability and starting of new life in the contemporary political history of Afghanistan, and enjoy all their legal rights and shall not be legally and judicially prosecuted.
(2) Those individuals and groups who are still in opposition to the Islamic Republic of Afghanistan and cease enmity after the enforcement of this resolution and join the process of national reconciliation, and respect the Constitution and other laws and abide them shall enjoy the benefits of this resolution.
(3) The provisions set forth in clause (1) and (2) of this article shall not affect the claims of individuals against individuals based up on Haqullabd (rights of people) and criminal offences in respect of individual crimes.
Article 4: (1) Those people who are under prosecution due to crimes against internal and external security of the country shall not enjoy the benefits of this law.
(2) Those people who are sentenced to 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 of the Commission for Consolidation of Peace, in case of they commit, not to resume their activities against the Islamic Republic of Afghanistan.
Article 5: In order to help end the violence and distrust between the government and armed opposition factions, and to strengthening stability and national reconciliation, an extraordinary commission shall be appointed by the National Assembly to prepare the grounds for their joining the process of strengthening stability and national reconciliation, in cooperation with the Commission for Consolidation of Peace.
Article 6: This law shall be enforced from the date of its endorsement and published in the official gazette.
Documentation Note: This Law was published in the Official Gazette of Afghanistan on 13 Qaus 1387 (13 November 2009) under Serial No. 965. Unofficial English translation provided by the Danish Ministry of Foreigh Affairs website
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This document has been published on 14Sep15 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
