Some of this information has been provided in response to specific questions submitted by visitors like you. Please note that this section of the project is now maintained as an archive and has not been updated since 2005. Click here to ASK A QUESTION.

Site Comments

Articles Altered in Constitution; The dilution of presidential powers and the creation of a national commission to oversee major government decision are declared part of the document. By Ezatullah Zawab, Mohammad Monir Mehraban & Danish Karokhel in Kabul (ARR No. 97, 01-Jan-04) Institute for War & Peace Reporting
Without a new vote being cast, major changes to Afghanistan's new constitution were declared approved Thursday by the Loya Jirga. The changes include modifications of presidential and parliamentary powers and the establishment of a commission to oversee the implementation of the constitution. Changes made to one article would reduce presidential authority by requiring parliamentary approval of national policy, as well as the president's choices for the head of the national bank, the head of intelligence and the attorney general. Other changes made in the draft document include scheduling parliamentary elections six months after the presidential vote; making the president responsible to the parliament as well as the nation; and requiring that the national bank obtain permission from the parliament's economic committee before issuing new currency. In addition, a new article was added to the document that would establish an independent commission to oversee the implementation of the constitution. The article fails to specify how the commission would be composed or the extent of its powers. It is also unclear whether the commission will rule on the constitutionality of new laws – a role otherwise assigned to the Supreme Court – or have the authority for other practical aspects of the new government. The new article says that members of the independent commission will be chosen by the president and approved by parliament. A coordination committee, made up of 38 delegates including the leadership of the 10 working committees and the elected leadership of the Loya Jirga, wrote these changes into five articles. They discussed the changes with the leaders from various ethnic and political groups within the assembly. Then the articles were read to the entire gathering Thursday morning and declared approved. Delegates were not allowed to debate or object to articles. This time, there was no outcry from the floor for a debate, as had happened on the previous day. The new commission replaces the idea of the Diwan-e-Aali, or High Council, that had been scrapped from the revised draft earlier this week. The Diwan-e-Aali, which would have overseen implementation of the constitution and supervised work of the administration, was proposed by jihadi delegates. Some observers described that proposal as similar to the Council of Guardians in the Iranian constitution, which checks that all legislation does not contradict the tenets of Islam. But many delegates said they feared the Diwan-e-Aali would have been dominated by jihadi leaders who would impose their own interpretation on the constitution. The mujahedin delegates had warned they would boycott a final vote on the document if the Diwan-e-Aali was not approved, and there was a heated exchange among delegates Tuesday when an article creating the council was not included in the revised draft of the constitution. Sediq Chakari, deputy leader of Professor Burhanuddin Rabbani's party, Jamiat-e-Islami, told IWPR there should be an independent and authoritative body to supervise the implementation of the constitution fairly for all people. "I believe this council would greatly benefit Afghan people", said Chakari. But others opposed its establishment. Abdul Hamid Mubarez, deputy minister of information and culture, said that a Diwan-e-Aali was a jihadi council suggested by fundamentalists. "I am strictly opposed to the High Council, because it would become an obstacle to the development and improvement of the country", he said. Suria Parlika, a delegate from Kabul, said, "At first we women agreed with this proposal. But later we realized there were jihadis working for their own advantage and wanting to dominate the country. So we changed our stance." Hashmat Ghani Ahmadzai, a delegate representing Kuchis and brother of the finance minister Ashraf Ghani, said that the idea of the High Council was mainly presented by Professor Abdul Rab Rasool Sayaf, one of the most conservative senior jihadi leaders. "It would have been better if President Hamed Karzai had given Land Cruisers and bodyguards to the jihadi leaders to keep them out of politics," he said. The creation of the independent commission was apparently the compromise. The other changes, which weaken the president's powers by making more of his decisions subject to the approval of parliament, had previously been widely discussed. Delegates who had been supportive of a strong presidential system this time did not oppose the changes that were announced. Some delegates told IWPR Wednesday that they could accept some of the changes in order to resolve the entrenched conflicts. But other delegates said that the battle was not over yet. Mohammad Hassan Kohzad, a delegate from Faryab province, told IWPR, "All of us who demanded a presidential system wanted more power for the president. The discussion is still continuing on that issue." But Kohzad said he ultimately decided not to oppose the changes "to avoid more chaos in the Loya Jirga. We didn't create conflict and didn't take any serious steps on this." He observed that, "The environment was in a situation that if we did something like that, the jirga could have broken down." Ezatullah Zawab, from Jalalabad, and Mohammad Monir Mehraban and Mustafa Basharat, from Kabul, are independent journalists. Danish Karokhel is an IWPR editor/reporter. They are all participating in IWPR's Loya Jirga reporting project.

Loya Jirga Falls into Disarray; Disputes over a national language and the national anthem leads to the final vote on the constitution being put off yet again. By IWPR team in Kabul (ARR No. 97, 01-Jan-04) Institute for War & Peace Reporting
The Constitutional Loya Jirga came close to complete breakdown Wednesday, with the leadership in disarray and an attempt at reconciliation ending in failure. In the morning, the elected Loya Jirga leaders walked out on chairman Sibghatullah Mujadidi, leaving him to manage the problems by himself. A committee that Mujadidi formed to resolve problems dissolved into name-calling. And a key alliance between major factions has apparently broken up along ethnic lines. The entire gathering was finally called into session around 6 p.m. but because several dozen delegates were absent, the leadership said that the final vote on the 32 articles of the constitution still in contention would be put off until Thursday. Wednesday morning, a special committee was formed that included three representatives from each province and leaders of the 10 working committees in an attempt to resolve the main points of contention. Mujadidi called the meeting, but Abdul Rasul Sayaf, leader of the Itehad-e-Islami party and a major figure among jihadis, acted as a mediator. The committee did discuss some of the key issues, such as the powers of the president, and Sayaf suggested several possible compromises. But the meeting erupted into shouting matches over the emotional issue of the national anthem and national language, according to delegates who took part in the meeting. When several Pashtuns insisted that Pashtu should be added to the constitution as the national language, other delegates began shouting and calling the Pashtuns "filthy and wicked," according to Shahida Hussein, one of the delegates who was in the meeting. Several other delegates in the meeting confirmed her account. The meeting deteriorated from there. In the end, nothing was resolved and the committee broke up. Charan Singh, a Hindu delegate who was in the meeting, said that "those who created chaos are in the minority. The majority had wise suggestions." Some delegates have been resisting the final vote, claiming that the process revision the draft constitution was flawed and that the final document fails to reflect their demands. But other delegates – many of them Pashtuns – were pushing for a vote. There were some indications that these delegates have united along ethnic lines and, since they have a majority among the 502 delegates, would win on key issues. Ghulam Faroq Khpalwak, a Pashtun delegate from Balkh province, told IWPR, "We Pashtuns will not be satisfied without a vote. If we win or they win, this is the only solution." The current dispute centers on the national anthem and the national language, delegates told IWPR. Pashtuns had wanted their language enshrined in the constitution as the national language, but the original draft made no mention of a national language. Dari and Pashtu are the official languages, to be used in government communications. The original draft of the constitution had said that the national anthem would be in Pashtu, but a revision altered this article to include the phrase "Allah-o-Akbar" – the jihadi rallying cry – and the names of all the tribes of Afghanistan. Delegates said some Pashtun members had at first been opposed to the strong presidential system outlined in the original draft constitution. On this question, and on the issue of strengthening the role of Islam in government, these delegates had been united with jihadi leaders. The most vocal jihadi leaders are dominated by Tajiks from the Northern Alliance. However, when the non-Pashtun jihadi leaders began to tinker with the national anthem and objected to Pashtu being named the national language, the Pashtuns felt that these leaders were working against them. Consequently, they decided to back a strong presidential system. Paktia delegate Fazal Rahman Samkani agreed that Pashtuns had originally, in the name of Islam, joined with jihadi leaders in supporting a parliamentary system. However, "Pashtuns know that the situation is going differently now," he said. The language and anthem issues had split things along ethnic lines. "Speaking in the name of Islam has gotten old", he said. "Because of that, the absolute majority of Pashtuns are in favor of the presidential system." President Hamid Karzai called a press conference Wednesday morning to defend the creation of a strong presidential system, saying it was the only way to avoid partisan bickering in any future government. Parliamentary systems are often accused of leading to unstable governments because coalitions among various political parties – sometimes controlled by small, marginal groups – are frequently necessary to win the passage of important legislation. Karzai also said that he has stayed out of the Loya Jirga process, despite accusations that he has interfered in the process. "Anything that is good for the nation of Afghanistan, and any suggestions that come to me for the good of the nation of Afghanistan, that is also my choice," the president said. Wednesday was a day filled with tensions and rumors. Various factions accused each other of interference and forgery in balloting and of powerful people exerting pressure and influence. Safia Siddiqi, a deputy chair and spokeswoman for the assembly, said there was interference from all sides. "This is out of our control, and we are not doing anything now," she said after she and other leadership walked out of the main hall Wednesday morning. Other members of the assembly's leadership said they had walked out because the session had descended into chaos. Some blamed Mujadidi for not exerting greater control over the gathering. IWPR journalists Danish Karokhel, Wahidullah Amani, Ezatullah Zawab, Mashal Aziz, Baabak Quyom, Rahimullah Samander and Bashir Gwakh contributed to this report, which is part of IWPR's Loya Jirga reporting project.

AMNESTY INTERNATIONAL PRESS RELEASE 2 January 2004 Afghanistan: Freedom of expression an essential right
It is absolutely essential that freedom of _expression is ensured in Afghanistan, said Amnesty International as the Constitutional Loya Jirga (CLJ) draws to a close in Kabul and debate around key issues intensifies. Amnesty International has received reports that intimidation and fear of retribution are preventing some delegates from participating freely in the CLJ. Dominance by strong political and armed factional leaders and the absence of the rule of law in many parts of the country contributes to an atmosphere of insecurity for delegates who wish to act independently of powerful political groups. Some delegates fear for their safety of their families and for their own lives, especially after they return home at the end of the CLJ. It is particularly worrying that even the elected leadership of the Loya Jirga have been involved in curtailing the freedom of speech during the Loya Jirga. In one example, a petition was circulated suggesting that the country's official name should be changed from the 'Islamic republic of Afghanistan' to the 'republic of Afghanistan'. The petition gained over 151 signatures, but the chair of the CLJ, Sebghatollah Mojadedi, refused to allow a vote on the issue, publicly calling those who had sponsored the petition 'infidels'. Amnesty International is concerned that this could place the sponsors of this petition in serious danger. "The onus must be on the elected leadership of the CLJ to set an example by facilitating a free debate upholding freedom of _expression. Discussions conducted in an atmosphere of fear will not produce a Constitution that protects the human rights of the Afghan people." Amnesty International concluded. Background information The Loya Jirga has highlighted the complex divisions within Afghan society and debate has been heated around a few key issues such as the role of Islam, the powers of the Presidency and other highly symbolic issues such as the national language.

Agence France Presse January 3, 2004 7:49 AM Eastern Time Karzai calls for consensus following boycott of Afghan convention By MIKE PATTERSON
President Hamid Karzai Saturday called on hundreds of delegates who have boycotted a vote on the country's new draft constitution to work towards consensus, in a move aimed at dampening bitter ethnic rivalries. "The purpose is to have a constitution that reflects the views and considerations and interests of all the people of Afghanistan. "Therefore, it is important to have a constitution that comes with near consensus, if not total consensus," Karzai told reporters at the presidential palace. He said progress had been made in discussions with delegates, who Saturday were continuing talks with United Nations special envoy Lakhdar Brahimi, US ambassador Zalmay Khalizad and members of the Constitutional Commission. "It's too early to comment on what has been resolved and what remains but what I can tell you is that the major things have been resolved," Safia Siddiqi, deputy chairwoman of the loya jirga, or grand assembly, told reporters. Most of the draft's 160 articles have been agreed without opposition but delegates said they were still divided on whether Uzbek should be an official language, whether ministers should be allowed dual citizenship and on a call to establish a temporary parliament of loya jirga members. "They have reached agreement on all these conflicting articles but not on the double citizenship and the temporary parliament," Abdul Hafiz Mansour, who heads a faction of mujahedin (anti-Soviet fighters) who favour a parliamentary system rather than the proposed presidential system, told reporters. Mansour and some other delegates oppose dual citizenship. Key figures in Karzai's adminstration such as Finance Minister Ashraf Ghani and Interior Minister Ali Ahmed Jalali returned after spending years in the United States, although it is not known if they now hold US passports. He said they had also agreed to make Uzbek an official language alongside Dari and Pashtu, but other delegates disagreed. "We've reached agreements on all articles and there is only one thing remaining which was very problematic and that's the Uzbek language," Khandahar delegate Khalid Pashtun told AFP. "Accepting Uzbek as an official language is laying the foundation stone for Afghanistan's separation. It means going towards federalism," said fellow Kandahar delegate Hakim Noorzai. Noorzai also opposed calls to set up a temporary parliament and said dual citizenship should be allowed. "It wouldn't be fair to say those well-educated Afghan experts who have lived abroad cannot work in high-ranking positions, like become ministers, but those criminals who are responsible for the destruction of Kabul, who are responsible for the the civil war and present disasters in Afghanistan can be ministers," he said. After nearly three weeks of heated debate, more than 200 of the 502 delegates boycotted Thursday's vote on five contentious articles in the draft constitution. The boycott forced an adjournment of the loya jirga, or grand assembly, which has been dubbed the "loya jagra" ("big fight") by some Afghans. Delegates from the Uzbek, Tajik, Hazara and Turkmen minorities refused to vote, worried they would be sidelined under the proposed constitution which has been largely supported by the Pashtuns who account for around 40 percent of the country's multi-ethnic population. Afghan Independent Human Rights Commission chairwoman Sima Samar said some delegates complained they had been threatened into not voting but their claims had so far not been verified. Ratification of the draft constitution which lays out a presidential system favoured by Karzai will pave the way to the county's first democratic elections later this year.

Loya Jirga Remains Deadlocked; The constitutional process appears endangered by disputes over the issues of national language and dual citizenship. By Rahimullah Samander and Danish Karokhel in Kabul (ARR No. 98, 03-Jan-04) Institute for War & Peace Reporting
Negotiations among Loya Jirga delegates and U.S. and U.N. diplomats Saturday failed to break a stalemate over the controversial issues of language and dual citizenship that threatened to lead to the collapse of the entire constitutional convention. Sibghatullah Mujadidi, the chairman of the assembly, warned that "If this is not solved tomorrow [Sunday], we will announce to the world that the Loya Jirga has failed." Mujadidi announced late Saturday afternoon that key delegates were still tied up in a debate over a single word. "Maybe we will lose our honour over wanting or not wanting a word," he said. He declined to identify the specific word in question. He told delegates to pray for resolution on this issue. Other delegates told IWPR late Saturday that the controversial articles still on the table included making Uzbek one of the official languages, and whether ministers can have dual citizenship. It is not known how many or which delegates were involved in the final debates on key issues. Zalmai Khalilzad, U.S. ambassador to Afghanistan, and U.N. special envoy Lakdar Brahimi were taking part of the negotiations, sources said. On Thursday, 231 of the 502 delegates boycotted the vote on changes to five articles of the constitution. Among those boycotting the vote were key jihadis Burhanudin Rabbani, head of Jamiat-e-Islami, Siddiq Chakari, deputy of Jamiat, Hafiz Mansoor, chief editor of Payam Mujahed newspaper and Waqef Hakimi, chief editor of Mujahed newspaper, as well as Uzbek leader Gen. Abdul Rashid Dostum. Most of the Pashtun delegates had been willing to participate in the voting. It was unclear Saturday how the issues of a national language or dual citizenship might ultimately be resolved. Dr. Kabir Ranjbar, a delegate from Kabul, said one proposed compromise was that Uzbek would be an official language only in Uzbek- speaking areas. The national language issue would ultimately be resolved by parliament when it is elected in a year, he said. The draft constitution made Dari and Pashtu the nation?s official languages. Uzbeks have demanded that their language be included. Progress on the citizenship issues seemed less clear. Hakimi, who is a delegate from Kabul, said, "We haven't reached absolute resolutions. The important issue is about dual citizenship. All the Loya Jirga is moving around the dual citizenship of some ministers." Five members of the current interim government are said to have dual citizenship, most prominently Finance Minister Ashraf Ghani. Jihadi leaders want to prohibit future government ministers from holding dual citizenship. Meanwhile, many of the Pashtun delegates who had agreed to participate in Thursday's vote, said the current secret negotiations left them feeling ignored. "No one is contacting us, despite the fact that we are following the agenda, said Rohul Amin Bashir, a delegate from Nengarhar province. "But our opposition was contacted, and UNAMA (the U.N.'s Assistance Mission in Afghanistan), [Loya Jirga] leadership and Khalilzad listened to their demands." Bashir said his side wants to allow ministers to have dual citizenship, and doesn't want Uzbek to be an official language. These weren't such big problems before, he said, but both sides are antagonizing each other over them now. "If our demands are not accepted," he said, "we will boycott tomorrow and we won't sign even if they cut off our hands." Rahimullah Samander and Danish Karokhel are IWPR reporters/editors in Kabul participating in IWPR's Loya Jirga reporting project.
Posted By: mariam   September 30th 2004, 2004 3:38 PM

www.kabul-reconstructions.net is an online discussion forum, information resource, and medium for the communication of questions and answers about the reconstruction between people inside and outside the city of Kabul itself.