Afghanistan’s Constitution was enacted in 2004. Article 1 of the Constitution of Afghanistan declares that ‘Afghanistan is an Islamic Republic, independent, unitary and indivisible state.’ Islam is the state religion under Article 2, and ‘followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of the law.’ Under Article 3, ‘No law can be contrary to the beliefs and provisions of the sacred religion of Islam.’ Article 22 deals with non discrimination and states that ‘Any kind of discrimination and privilege between the citizens of Afghanistan are prohibited. The citizens of Afghanistan – whether man or woman – have equal rights and duties before the law.’
Afghanistan has not submitted its initial report to the CEDAW Committee as yet. The CEDAW Committee in its 45th session in January 2010 in Geneva issued a Statement on the inclusion of the Afghan Women in the process of Peace building, Security and Reconstruction in Afghanistan.