Commentaries
Afghan Loya Jirga To Begin Deliberating New Constitution
December 14
December 12, 2003
The winds of change are sweeping across Afghanistan's fertile river valleys, deep gorges, deserts, and snow-covered mountains. After a quarter-century of war, Soviet occupation and extremism, the Afghan people are enjoying new freedoms and restored liberties. For the first time in decades, the country is largely at peace. During the last two years, Afghanistan has reached many social, economic and political milestones: an internationally recognized government is in power; schools have reopened; a new banking law is in place; a new currency replaced the many previously in circulation; the road from Kabul to Kandahar is now paved; businesses are blossoming around the country; and - most importantly - Afghans have renewed hope and optimism. This month, Afghanistan will mark its next important political milestone by taking a dramatic step toward becoming a moderate, representative and Islamic republic that values the welfare of its citizens: Afghanistan is ratifying its new constitution.
Next week, a 500-person Constitutional Loya Jirga ("great council") will convene to deliberate upon and adopt a new constitution. Just as America's founding fathers gathered in Philadelphia over two centuries ago to build political consensus, give shape to their political institutions and enshrine the values of a new republic at the Constitutional Convention, so too, are the Afghans embarking on a process to craft a constitution that celebrates their culture and represents their highest aspirations.
This process was put into motion in October 2002 when President Karzai created a nine-member Constitutional Drafting Commission. In April 2003, a 35-member Constitutional Review Commission, including seven women delegates, undertook revisions. The Commission started public consultations in June, and through a series of town meetings, sought the views of tens of thousands of Afghans across the country and from refugee communities in Iran and Pakistan. After drafting and consulting with a cross-section of Afghans for over a year, the Afghan government unveiled the draft constitution on November 3rd.
On December 14th, a Constitutional Loya Jirga that represents Pashtuns, Tajiks, Uzbeks, Hazaras, Nuris, Turcomans, Baluchis, and other ethnic groups and includes 89 women delegates, will deliberate upon and eventually adopt a new constitution. To emphasize the importance of civil society participation, President Karzai decreed that militia commanders and government officials will not participate in the Constitutional Loya Jirga.
The draft constitution provides for a bicameral legislature, with an upper and lower house. Members of the Wolesi Jirga, or lower house, will be elected for 5-year terms.
The upper house, or Meshrano Jirga, will consist of a mix of appointed and elected members. One-sixth of its representatives will be women, appointed by the president. The National Assembly will promulgate laws, ratify treaties, approve budgets, and question ministers in the government.
The constitution also establishes a strong presidential system. To become president of Afghanistan, a candidate must receive 50 percent of the popular vote, or a runoff election will take place between the top two candidates. The president, eligible to serve two five-year terms, is both the head of state and the head of government.
The constitution also divides the country into provinces, each governed by a provincial council with the members elected to four-year terms. Each village and district will also have councils and members elected to three-year terms.
In addition to outlining the structure of government, the draft constitution establishes protections for human rights. It provides for basic rights and freedoms and specifically recognizes Afghanistan's obligation to abide by international human rights treaties it has signed. The draft also recognizes the important role of Islam in Afghanistan without prohibiting the practice of other religions.
Finally, the constitution establishes a single Supreme Court with high courts and appeals courts. There are no separate religious courts. Courts will apply the constitutional and other laws; however, if no provision applies, they may decide issues based on Islamic jurisprudence.
The United States, for its part, continues to fulfill its role as a friend to Afghanistan. We have provided $14.5 million to support the constitutional process and joined Afghan leaders in seeking additional support from the international community for Afghanistan's democratic transition. We have consulted closely with the Afghan government throughout the process. The United States supports the democratic efforts that respect human rights of all ethnic and religious groups in Afghanistan. However, let us be clear: this constitutional process derives its legitimacy from the fact that it has been an Afghan process from the beginning.
As with the U.S. Constitution, the Constitution of Afghanistan is designed to be a document of the people, by the people and for the people of Afghanistan. Afghans respect the traditional value of Loya Jirgas and its decisions are binding. This week, we will see Afghanistan determine its own destiny as it undertakes a democratic approach to ascertain the will of the nation. The resulting constitution will establish a democratic government in keeping with the unique cultural values of the Afghan people.
Frank Lavin
U.S. Ambassador
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