01/05/2004: 
Breaking News
New Afgan Constitution
from Control Risks Group [subscription required]
Delegates at the loya jirga (grand council) assembly in Kabul on 4 January approved a new national constitution.
Afghan Transitional Authority (TA) President Hamid Karzai and former king Mohammed Zahir Shah oversaw the official ratification of the new constitutional charter. Although no vote was taken, the 502 delegates at the assembly stood in silence for 30 seconds to indicate the end of often-rancorous debate and their approval of the document. The degree of consensus achieved at the loya jirga and the structure of the strong central government identified in the new constitution provide an opportunity for peace and increased reconstruction and development.
Another apparent victory for American imperialist expansion. If free and fair elections come off, then I think that you would have to call the Afgan excursion a success.
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5 Jan 2004
> AGREEMENT ON CONSTITUTION IMPROVES CHANCES FOR PEACE
Delegates at the loya jirga (grand council) assembly in Kabul on 4 January approved a new national constitution.
Afghan Transitional Authority (TA) President Hamid Karzai and former king Mohammed Zahir Shah oversaw the official ratification of the new constitutional charter. Although no vote was taken, the 502 delegates at the assembly stood in silence for 30 seconds to indicate the end of often-rancorous debate and their approval of the document. The degree of consensus achieved at the loya jirga and the structure of the strong central government identified in the new constitution provide an opportunity for peace and increased reconstruction and development.
New constitution
The 162-article constitution envisages a tolerant Islamic state and outlines a strong presidential system that is supported by a bicameral parliament. The president will be directly elected by majority vote of the people and will have two vice-presidents. The president also holds the office of commander-in-chief of the armed forces; is responsible for determining the nation's fundamental policies; and has considerable power to propose legislation. In an attempt to balance executive and legislative influence, parliament, composed of the wolesi jirga ('house of people' - lower house) and the meshrano jirga ('house of elders' - upper house), wields veto power over key appointments and policies.
Although there is no overt mention in the new constitution of Islamic Sharia law, which was strictly enforced by the former ruling Taleban before it was ousted in 2001, the document states that no law ‘can be contrary to the beliefs and provisions of the sacred religion of Islam'. Ultimately, the role of religion in Afghanistan will depend on the implementation and interpretation of this clause by legislators and jurists.
Other significant provisions include freedom of worship for minorities; equal rights and duties for women; the prohibition of religious political parties; reservation of places for women in the Wolesi Jirga; and the selection as official languages of Pashtu, Dari and ethnic minority languages in the areas in which they are spoken.
Remaining challenges
The new constitution represents a victory for Karzai, who argued forcefully for a powerful presidency as the only way to build an effective central government and functional state. Compromises over parliamentary powers and minority languages allowed non-Pashtun support for the final draft, but concerns about regional power bases and warlord challenges to central authority remain. Opposition to the draft constitution doubled the scheduled duration of the loya jirga, and resistance to controversial articles of the final document is likely to re-emerge as it is implemented. Full implementation of the constitution will be difficult; in particular, the changes in social attitudes required for the provision of equal rights are likely to take years.
The document ostensibly paves the way for presidential and parliamentary elections in June. However, this timetable is optimistic and unlikely to be met. Voter registration and election management present significant logistical and organisational challenges that will be difficult to meet before June; September is a more realistic deadline. Free and fair elections will not be possible unless the disarmament of warring factions, comprising some 100,000 militia fighters throughout the country, is accomplished effectively. Polls in the south and east in particular will not be possible without a significant improvement in security in provinces where Taleban insurgents and their allies regularly attack troops, government staff and aid workers.
