Source:

Preparations for the Presidential Elections in June 2004 have begun [ID 289]

26.01.2004 - Source: ReliefWeb

President Hamid Karzai signed into law Afghanistan's new constitution ("Afghan president signs decree making new constitution law (AFP)") [#18970],  [ID 260]

Document(s): Open document

05.01.2004 - Source: Integrated Regional Information Network

The grand council voted to adopt the new constitution, paving the way for elections ("Loya Jirga finally adopts constitution") [#18542],  [ID 261]

Document(s): Open document

05.01.2004 - Source: Frankfurter Rundschau

Afghanistan erhält demokratische Verfassung ("Afghanistan erhält demokratische Verfassung") [#18635],  [ID 262]

04.01.2004 - Source: Institute for War and Peace Reporting

Delegates from across Afghanistan approved new constitution that establishes a government that is both Islamic and accountable ("Afghans Approve a New Constitution") [#18557],  [ID 263]

"Standing as one, delegates from across Afghanistan silently approved a new constitution on Sunday night. The final document includes elements designed to please all the political and ethnic factions that up to the last minute had threatened the success of the assembly.
The final version was compiled after several days of behind-the-scenes negotiations, led by international diplomats, among quarrelling groups. It contains more than 40 changes from the original draft which the assembly began considering more then 22 days ago.
But it leaves intact the most fundamental principles: A government that is both Islamic and accountable to its citizens."

Document(s): Open document

04.01.2004 - Source: Institute for War and Peace Reporting

A variety of delegates of the Constitutional Loya Jirga and the editors of prominent newspapers reported threats and intimidation ("Delegates, Journalists Report Threats, Intimidation") [#18556],  [ID 264]

"Threats and intimidation of delegates and journalists have blighted the Constitutional Loya Jirga and prevented some from participating freely.
A variety of delegates and the editors of two prominent newspapers confirmed to IWPR that they were threatened, either directly or indirectly.
As the assembly drew to a close, Amnesty International said in a statement that dominance of the proceedings by strong political and armed factional leaders and the absence of the rule of law in many parts of the country contributed to an atmosphere of insecurity for delegates who wished to act independently of powerful political groups.
The human-rights group said some delegates fear for the safety of their families and for their own lives, especially after they return home at the end of the proceedings. [...]"

Document(s): Open document

04.01.2004 - Source: Institute for War and Peace Reporting

Delegates do not dare to complain ("Delegates, Journalists Report Threats, Intimidation") [#18556],  [ID 265]

"[...] The head of the independent Human Rights Commission for Afghanistan, Sima Samar, said that some delegates who had been threatened hadn’t even dared to send a letter of complaint to her commission so that she could take action to try to stop the threats. “We are sorry to say that this is the truth, and these things happen in Afghanistan”, said Samar. [...]"

Document(s): Open document

02.01.2004 - Source: Integrated Regional Information Network

The Loya Jirga, or Grand Assembly, descended into chaos after an estimated 200 ethnic minority members of the 502 delegates refused to vote on amendments to the draft charter ("Ethnic split emerges at Loya Jirga") [#18392],  [ID 266]

Document(s): Open document

01.01.2004 - Source: Institute for War and Peace Reporting

Nearly half of the delegates participating in the nation’s constitutional Loya Jirga – 231 out of 502 – boycotted a written vote on controversial changes proposed in the document ("Delegates Boycott Vote on Constitution") [#18407],  [ID 267]

Document(s): Open document

2004 - Source: Institute for Afghan Studies

List of members of the Afghan Constitutional Loya Jirga ("List of members of the Afghan Constitutional Loya Jirga") [#21435],  [ID 259]

Document(s): Open document

26.12.2003 - Source: Institute for War and Peace Reporting

Jihadi groups won significant changes in the draft constitution that would increase the authority of Islam in the government ("Jihadi Groups Win Key Constitutional Points") [#18360],  [ID 268]

Document(s): Open document

26.12.2003 - Source: Integrated Regional Information Network

Women delegates - who make up just 20 percent of the 500-member gathering - and local gender pressure groups are pushing for women's rights to be fully enshrined in the nation's new constitution ("Women demand clear definition of 'citizen' in constitution") [#18374],  [ID 269]

"As Afghanistan's historic Constitutional Loya Jirga (CLJ) continues its deliberations, women delegates - who make up just 20 percent of the 500-member gathering - and local gender pressure groups are pushing for women's rights to be fully enshrined in the nation's new constitution.
"The draft constitution and the discussions so far have not been fully supportive to women. This is important in our conservative, male-dominated society," Gulalai Habib, a local activist, told IRIN on Thursday. "Women are outnumbered, our views at the CLJ will always remain a minority," she added, noting that warlords and conservative mujahidin commanders dominated many of the CLJ's working committees.
Some women are concerned that although the draft constitution emphasises equal rights for all citizens, there is currently no definition of "citizen", and that the omission could be used to discriminate against women. Although the draft document states that the nation will abide by the international norms and treaties it has ratified, presumably including those prohibiting discrimination against women, human and women's rights advocates worry that this is not enough.
But a CLJ spokeswoman and delegate, Safiya Siddiqi, told IRIN that this was not a point of conflict and that the majority of delegates were agreed that there was no need to define who an Afghan citizen was. "'Citizen' itself means man and woman, we all know this," she noted.
Abdul Rabb Rasul Sayyaf, a jehadi commander generally considered to be one of the most conservative delegates to the CLJ, said delegates in the reconciliation committee did not consider the need to further define citizenship. "The issue of citizens was approved as stated in the draft [citizens with no mention of man and woman], " he told IRIN, noting that he was supported in this by all the rights that the Islamic Shari'ah had granted to women.
The 50-page draft constitution, which has been a key element of a UN-supervised two-year plan to stabilise the country, envisions an Islamic republic guaranteeing the supremacy of the Shari'ah. The draft says girls and women can attend school, a right they were denied by the Taliban.
In an open letter to President Hamid Karzai on 2 December, Amnesty International asked for a clear definition of "citizen" as mentioned in the draft. "There is no clear definition of 'citizen' in the current draft. The constitution should clearly define 'citizen' to mean every Afghan man, woman and child to ensure that the rights set out in the constitution apply equally to all people in Afghanistan," it said."

Document(s): Open document

23.12.2003 - Source: Integrated Regional Information Network

Report on progress being made at Loya Jirga ("Progress being made at Loya Jirga") [#18375],  [ID 270]

Document(s): Open document

19.12.2003 - Source: Institute for War and Peace Reporting

About 25 jihadi delegates boycotted Loya Jirga committee work and another 75 sat in silence during the sessions, in a protest over procedures for deciding the type of government and ethnic composition of the gathering's leadership ("Jihadis Boycott Committee Work") [#18359],  [ID 271]

Document(s): Open document

18.12.2003 - Source: Institute for War and Peace Reporting

The Loya Jirga marred by a number of minor incidents ("Gathering Marred by Incidents") [#18312],  [ID 272]

Document(s): Open document

18.12.2003 - Source: Institute for War and Peace Reporting

Hindu and Sikh community fear the lack of protection for them as minority religious groups ("Hindus Fear Constitutional Rights Inadequate") [#18311],  [ID 273]

"The draft constitution now being considered by Afghanistan’s Loya Jirga is causing disquiet amongst the Hindu and Sikh community over what they see as its lack of protection for them as minority religious groups.

Although what was once a large community has shrunk to just a few thousand, the remaining Hindu and Sikhs have tried to regain some of their rights since the end of the hardline Taliban regime, and have followed the development of a new constitution in the hope that it would enshrine tolerance towards local non-Muslims.

“Article 3 talks only about respect for Islam, and does not mention other religions,” said Cherang Singh, one of three Hindu and Sikh delegates at the gathering.

He believes that the stipulation that the head of state must be Muslim is discriminatory.

“We too are Afghans, and our fathers were Afghans, so why do we not have the right to run for president in future?”

In the draft, Islam is proclaimed the state religion although religious minorities are given freedom of worship.

There have been Hindus and Sikhs in Afghanistan for centuries, although numbers dwindled in recent years because of prolonged conflict as well as discrimination. Unfair treatment reached a peak under the Taleban, which instituted rules to make Hindus and Sikhs wear specially-marked clothes.

Now that a new constitution is being debated, Sikh representative Otar Singh sees the lack of specific provisions for minority groups as a cause for concern, “In Article 17 they mention improvements to education, higher education and religious studies, mosques, religious schools and religious centres – but our temples are not mentioned. That is a clear example that our rights have not been borne in mind.” [...]"

Document(s): Open document

15.12.2003 - Source: BBC News

Delegates from across Afghanistan are debating a new constitution: parliamentary system vs. strong presidency; threats of Taliban ("Afghans debate new constitution") [#18192],  [ID 274]

Document(s): Open document

12.12.2003 - Source: International Crisis Group

Report on the constitutional Loya Jirga and draft constitution: constitution fails to provide meaningful democratic governance, including power-sharing, a system of checks and balances, or mechanisms for increasing the representation of ethnic, regional and other minority groups. ("Afghanistan: The Constitutional Loya Jirga") [#18191],  [ID 275]

"Afghanistan’s nine previous constitutions failed to take hold. They either were not enforced by the state or they lacked domestic legitimacy – or both. Among the specific reasons were the limited capacity of the central government during any of its previous incarnations to exercise authority over large parts of the country, the de facto and sometimes de jure yielding of authority by the state to traditional leaders, and the failure to draw the people into the constitution-making process. Consequently, there is a somewhat cynical tendency among even educated Afghans to associate constitutions with regime change. The present draft is widely viewed as aimed deliberately at protecting the decision-making power of President Karzai in Afghanistan’s post-Taliban era.
What separates the current attempt at constitution making from previous ones is not only the supervision and financial assistance of the international community, but also the range of political actors involved. Unlike the constitution making exercises of Amir Amanullah Khan, the reform-minded monarch of the 1920s, or those under the republican governments of Presidents Daud Khan and Mohammad Najibullah, the process in 2003 has been largely dictated by the perceived need to accommodate competing political actors with autonomous power bases – a situation that was apparent both in the composition and work of the Constitutional Review Commission, as well as in the subsequent deliberations over its draft within President Karzai’s cabinet.
The draft now before the Constitutional Loya Jirga would create conditions in which religious and central government power holders could leverage their positions to accumulate more authority. No meaningful power-sharing is envisaged, either within the national government or between central and provincial governments. Opportunities to address past ethnic and social inequalities and thereby build new bases of popular support for the constitution have been overlooked or ignored. In the end, institutions that strengthen checks and balances in government and increase the channels for representation of different ethnic and regional groups would likely be better guarantors of stability and broad public support for the central government than the kind of measures reflected in the draft constitution, which is aimed at securing the status quo in Kabul."

Document(s): Open document

03.12.2003 - Source: UN General Assembly

Draft constitution: president with significant powers and a bicameral legislature with a minimum quota for women ("Report of the Secretary General on the situation in Afghanistan and its implications for international peace and security (A/58/616)") [#18064],  [ID 276]

"9. The draft constitution would establish a president with significant powers and a bicameral legislature with a minimum quota for women members assured. Respect for fundamental human rights, and specifically for those rights enumerated in the Universal Declaration of Human Rights, are codified in the draft. At the same time, the draft calls for the laws of the nation to conform with the principles of Islam. The draft outlines transitional measures, including the issuance of decrees on the holding of presidential elections within six months of ratification and legislative elections no more than one year after the presidential elections are held. Reactions to the draft have been mixed. No precise polls are available, but there are indications that a significant number of Afghans believe that the draft will promote the peace process and strengthen the rule of law. Many Afghans, on the other hand, continue to favour a constitutional monarchy. This view is especially strong among Pashtuns. The status of national languages is also contentious; Pashto and Dari are to be the national languages, but minority languages are given no official status. Contention also exists on the role of Islam, the protection of human rights (which some see as insufficient in the draft) and devolution of power to the regions.
10. The Constitutional Loya Jirga, which is to begin on 10 December 2003, will comprise 500 delegates. Of these, 344 will be elected on a provincial basis by the 16,000 registered district representatives from the 2002 Emergency Loya Jirga (see A/56/1000-S/2002/737, para. 29). An additional 106 seats have been allocated for the election of special-category representatives, including women, refugees in Pakistan and the Islamic Republic of Iran, internally displaced peoples, Kuchis (nomads) and Hindus and Sikhs. The President will appoint the remaining 50 delegates, who will have legal or constitutional expertise, and half of whom will be women."

Document(s): Open document

21.11.2003 - Source: Institute for War and Peace Reporting

Several hundred students from the Uzbek, Tajik and Hazara communities staged a demonstration in the city of Mazar-e-Sharif, opposing the proposed new constitution ("Students Protest Constitutional Changes") [#17818],  [ID 277]

Document(s): Open document

14.11.2003 - Source: EurasiaNet

Advocates for women and religious freedom worried about gaps in Afghanistan’s draft constitution; the constitution asserts Islam as the state religion and bans any law "contrary to the sacred religion" ("Afghan draft constitution worries civil-society advocates") [#17717],  [ID 278]

Document(s): Open document

06.11.2003 - Source: Integrated Regional Information Network

Draft constitution: positive and negative sides ("Debate on draft constitution kicks off") [#17422],  [ID 279]

"Following Monday's unveiling of Afghanistan's draft constitution; Afghan observers said the historic document had positive and negative sides. "It [the new constitution] has some very good and promising aspects while there are some negative aspects as well," Professor Abdul Kabir Ranjbar the president of lawyers union of Afghanistan told IRIN on Tuesday.

The draft constitution envisages a strong presidency, elected directly by the people through fair and transparent means and reaffirms the nation's links with the Islamic faith. The draft - 12 chapters and 160 articles long- starts by declaring that "Afghanistan is an Islamic Republic". If the constitution is adopted, the presidential term would be for five years and limited to two terms.

The position of prime minister was included in previous versions but was cut from the final draft. "After sharing the draft with people and having meetings and discussions we got a majority opinion that it should be presidential, because a prime minister could emerge as a political and military rival to the president," Musa Maroofi, a co-author of the draft constitution, told IRIN.

Some observers argue a strong presidency could foster authoritarianism, as it has done elsewhere in the region. "A presidential system is dangerous after decades of totalitarian regimes, it is more likely that giving so much authority to a president will eventually lead to another dictatorship," Ranjbar underlined, emphasising that only a parliamentary system with a president and prime minister to be elected by parliament would lead Afghans towards democracy, unity and sustainable prosperity.

There was been widespread consultation on what Afghanistan's new constitution should look like. A 35-member constitution commission, which started work last year, drafted the new document and sent half a million questionnaires to the public and held countless meetings in villages across the country seeking input. The draft will be debated by a Loya Jirga or grand assembly next month which would pave the way for general elections scheduled for the middle of next year.

The draft states that Islam is the official religion of Afghanistan while followers of other faiths are free to perform their religious ceremonies as long as these do not undermine Islam. "In Afghanistan no law can be contrary to the sacred religion of Islam and the values of this constitution," it states, while not directly referring to Shariah law, a positive sign, say Afghans who do not want another extremist Taliban-like government in Kabul."

Document(s): Open document

04.11.2003 - Source: Frankfurter Rundschau

Adoption of the draft constitution for an "Islamic Republic of Afghanistan" scheduled for December 2003 ("04.11.2003 - FR: Adoption of the draft constitution for an “Islamic Republic of Afghanistan“ sheduled for December 2003") [ID 280]

"Mit zweimonatiger Verspätung hat der Vorsitzende der Verfassungskommission, Namatullah Scharani, den Entwurf der 35-köpfigen Verfassungskommission am Montag an Präsident Hamid Karsai, Ex-König Sahir Schah und den UN-Gesandten für Afghanistan, Lakhdar Brahimi, übergeben. Die Annahme einer Verfassung ist Voraussetzung für die für kommenden Sommer geplanten, ersten freien Wahlen. Nach dem Entwurf soll Afghanistan in Zukunft ein Zwei-Kammer-Parlament erhalten, dessen Oberhaus zur Hälfte vom Präsidenten ernannt wird. Erst vergangene Woche hatte die Verfassungskommission ihre Pläne, auch das Amt eines Premierministers zu schaffen, aufgegeben. Sie befürchtete, das Land könne nach 23 Jahren Krieg noch keine Rivalität zwischen zwei starken politischen Figuren aushalten.

Eines der Hauptprobleme der Verfassungsgeber ist die Versöhnung der islamischen Tradition des Landes mit den Anforderungen eines demokratischen Rechtsstaates. "Der Entwurf basiert auf islamischen Prinzipien und erkennt an, dass kein Recht der heiligen Religion des Islam widersprechen darf", so beschreibt eine Erklärung der Verfassungskommission den Grundgedanken des Vorschlages. Das unter den Taliban eingeführte islamische Recht der Scharia aber wird nicht explizit erwähnt. Dagegen werden den Bürgern der zukünftigen "Islamischen Republik Afghanistan" die Religionsfreiheit und gleiche Rechte zugesichert. Auch die Ausbildung von Frauen wird ausdrücklich erwähnt.

In der heftigen Debatte um den Entwurf hatten islamische Parteien versucht, die Verwandlung Afghanistans in einen säkularen Staat zu verhindern. Die Vertreter der internationalen Gemeinschaft hatten dagegen auf dem Schutz individueller Grundrechte bestanden. Beobachter fürchten nun, dass religiöse Hardliner die Delegierten der Loya Jirga doch noch zur Aufnahme der Scharia in die Verfassung drängen könnten.

Der auf der Petersberger Konferenz im November 2001 festgelegte Zeitplan von verfassungsgebender Versammlung und freien Wahlen ist nicht zuletzt durch die verschlechterte Sicherheitslage gefährdet. Die Menschenrechtsorganisation "Human Rights Watch" berichtete vergangene Woche, dass Kandidaten für die Loya Jirga von Milizen bedroht würden. Auch die "International Crisis Group" warnt in ihrem jüngsten Bericht vor dem Einfluss extremistischer Gruppen auf den Verfassungsprozess und schlägt vor, dass der Entwurf erst vom ersten gewählten Parlament verabschiedet wird. Und schließlich bezweifelt auch der US-Geheimdienst CIA, dass die logistischen und politischen Herausforderungen eines demokratischen Prozesses bis Sommer zu bewältigen sind. In einem Bericht an den Geheimdienstausschuss des US-Kongresses heißt es, Präsident Karsai sei "kaum in der Lage", bis zum Juni 2004 freie Wahlen abzuhalten."

Document(s): 04.11.2003 - FR: Adoption of the draft constitution for an “Islamic Republic of Afghanistan“ sheduled for December 2003

03.11.2003 - Source: ReliefWeb

Afghanistan releases draft constitution ("Afghanistan releases draft constitution (AFP)") [#28916],  [ID 281]

"The long-awaited draft of Afghanistan's first post-Taliban constitution was presented to President Hamid Karzai at a ceremony at the presidential palace in Kabul Monday.
Former king Zahir Shah and foreign diplomats were also presented with a copy of the 12-chapter, 160-article document by the state-run constitutional commission.
The draft constitution "is based on Islamic principles and recognizes that no law can be contrary to the sacred religion of Islam," the commission said in a statement distributed at the ceremony.
There was no mention by the commission of whether Islamic sharia law was included in the draft.
It stressed the enshrinement of the freedom of other religions as well as Islam.
"It specifically allows followers of others religions to be free to perform their religious ceremonies within the limits of the provisions and values of the constitution and the laws related to the security and public orders," the statement said.
The commission said the draft constitution "aims at providing a basis for unity throughout Afghanistan."
"It specifically recognizes that Afghanistan is one single and united state which belongs to all its people and recognizes the importance of national unity."
The draft constitution will be voted on next month in Kabul by a traditional grand assembly, known as a Loya Jirga, of 500 delegates.
A process to elect 344 of the delegates began late September. Another 42 delegates will be elected separately by refugees and religious minorities, and 64 women delegates will be elected by women communities.
Karzai will select the remaining 50 delegates."

Document(s): Open document

29.10.2003 - Source: Human Rights Watch

Regional military commanders and troops threatening loya jirga or "grand council" candidates and regional representatives, issuing death threats, and nominating themselves for the loya jirga ("Death Threats Imperil Constitutional Drafting Process") [#17213],  [ID 282]

Document(s): Open document

08.10.2003 - Source: ReliefWeb

New constitution will be released to the public within 10 days; special Loya Jirga should approve the constitution in December ("Karzai to release new Afghan constitution in 10 days (AFP)") [#28917],  [ID 283]

"Afghanistan's eagerly awaited new constitution will be released to the public within 10 days, President Hamid Karzai said on Wednesday.
"The constitution is almost ready for release and I'm looking forward to releasing it definitely in less than 10 days," Karzai told reporters at the presidential palace in Kabul.
A special loya jirga (traditional grand assembly) will gather in December to approve the constitution, paving the way for presidential elections scheduled in June 2004 in which Karzai has said he will stand.
During a consultation period that ended late-August, Afghans within the country and abroad submitted their suggestions on what sort of constitution they would like and what form of government they want to see take power next year.
The decision is a delicate step for Afghanistan, with powerful players in the country's recent turbulent history weighing the consequences of maintaining a presidential system or restoring the monarchy, as well as federal versus central government.
Members of the powerful mainly ethnic Tajik Northern Alliance, which dominates Karzai's government, recently held meetings in Kabul to discuss the constitution, Defence Minister Mohammad Qasim Fahim said on Monday.
Afghans also had to determine how large a role Islam, the national religion, would play in the new constitution that is to replace the current governing legislation written in 1964.
The draft was not made public during the consultation, leading to complaints as to how people are supposed to comment on a document they have not read.
Afghanistan has experienced several forms of government in the last 100 years, ranging from absolute monarchy to Soviet communist dictatorship and the hardline Islamic rule of the Taliban ousted in 2001."

Document(s): Open document

09.09.2003 - Source: Institute for War and Peace Reporting

Approval of Afghanistan's new constitution is to be set back two months ("Constitution Delayed") [#15945],  [ID 284]

Document(s): Open document

23.07.2003 - Source: UN General Assembly

The 35-member Constitutional Commission includes seven women and represents the regional, ethnic, professional and religious diversity of the Afghan people ("Report of the Secretary-General on the situation in Afghanistan and its implications for international peace and security A/57/850–S/2003/754") [#14760],  [ID 285]

"11. The Constitutional Commission was inaugurated on 26 April 2003. The 35- member Commission includes seven women and represents the regional, ethnic, professional and religious diversity of the Afghan people. The constitutional Drafting Commission presented a preliminary draft of the constitution, completed on 24 April, to the Constitutional Commission. With technical support from the United Nations Assistance Mission in Afghanistan (UNAMA) and UNDP, the Commission has established a secretariat, based in Kabul, and eight regional offices throughout Afghanistan, as well as a site in Pakistan and another in the Islamic Republic of the Islamic Republic of Iran, to facilitate public awareness and nationwide consultations to ascertain the views and recommendations of as many Afghans as possible. Public consultations began in all 32 provinces on 6 June, and were preceded by nearly a month of public awareness activities. Midway through the consultation process, UNAMA observed several preliminary trends, including strong support for a constitution adhering to Islamic principles, overwhelming support for a government with sufficient power and resources to enforce the rule of law and uphold human rights, and consensus on the principle that free, mandatory education should be provided up to at least the sixth grade for both boys and girls. Regional differences have been noted, particularly with respect to the structure of the State. In the north, federalism is favoured by some, specifically the Uzbeks, while elsewhere in the country there is support for a strong central government. In the south-east and south, there is a strong support for the reinstatement of a constitutional monarchy. The Commission is expected to provide a final, authoritative analysis of the consultations upon their conclusion on 31 July 2003.
12. Security conditions across Afghanistan have been a constant consideration in the design of public consultations and in planning for the Constitutional Loya Jirga. UNAMA and the Constitutional Commission have agreed on the presence of United Nations observers, including the electoral staff of UNAMA, at the consultations to enhance the sense of security among participants and to increase the transparency and legitimacy of the process. Additionally, some 50 officers from the Ministry of the Interior have been assigned to accompany the Commission teams. The consultation process has been reviewed and improved to encourage constructive public discussion prior to the circulation of the draft constitution in September 2003, as well as to minimize attempts to unfairly influence the outcome of discussions. There have been some examples of people feeling constrained to speak along lines set down by local authorities, but, thus far, no incidents of overt intimidation or politically motivated violence have been reported in connection with the consultations. Owing to security concerns, the consultation meetings have been held only in the 32 provincial capitals.
13. It is expected that President Karzai will soon issue a decree convening the Constitutional Loya Jirga, which is to begin in October under the supervision of the secretariat of the Constitutional Commission. The decree sets out the rules of procedure, including criteria for the composition, election, and selection of delegates, as well as provision of security to delegates."

Document(s): Open document
Open document

12.06.2003 - Source: International Crisis Group

Report focused on Afghanistan`s constitutional process ("Afghanistan's Flawed Constitutional Process") [#13492],  [ID 286]

Document(s): Open document

02.06.2003 - Source: Integrated Regional Information Network

People expressing their political views on the country's new constitution face threats, physical aggression and even arbitrary detention by some factions and armed groups ("Citizens threatened for expressing views on constitution") [#13230],  [ID 287]

"The Afghan Independent Human Rights Commission (AIHRC) and the United Nations in the capital, Kabul, have expressed concern over a reported rise in the number of threats and incidences of harassment against people in the provinces expressing their political views on the country's new constitution. "We have received reports of increasing threats, physical aggression and even arbitrary detentions," Nader Naderi, an AIHRC commissioner, told IRIN in Kabul on Sunday.
According to the AIHRC, some factions and armed groups in the provinces have been threatening citizens who have publicly expressed their political opinions and/or have criticised the stance or behaviour of government representatives, official institutions or individuals known to be affiliated to powerful political groups.
"They have stopped people on streets or have knocked on their doors and intimidated them for what they had said," Naderi said, adding people had been forced or pressed to support a particular political agenda.
In a joint statement, both the AIHRC and the UN Assistance Mission for Afghanistan (UNAMA) have urged the police and other law-enforcement authorities to use their mandate and resources to counter any attempts aimed at disrupting the consultations on the draft constitution, and to bring such perpetrators to justice. [...]
Meanwhile, despite concerns expressed in the joint statement, the constitutional commission told IRIN it had not received any reports of threats from its representatives in the provinces. "I have not received or noticed any kind of reports expressing threats or intimidation from our offices in the provinces," Faruq Wardak, the director of the commission's secretariat, said, noting that the commission had established eight regional offices nationwide, which were educating the people on the constitution-making process."

Document(s): Open document

02.06.2003 - Source: Integrated Regional Information Network

Report on the formulation of the new constitution, highlighting the key political questions in Afghanistan as it seeks to bring about reconstruction and development ("Special report on the new constitution") [#13231],  [ID 288]

"The Bonn agreement on Afghanistan's political future in December 2001 envisaged the formulation of a new constitution in two years' time. Faruq Wardak, the director of the constitutional commission's secretariat, told IRIN that the constitution making process would be in three stages, the first of which had already been completed with a nine-member drafting commission having presented the first draft constitution to President Hamid Karzai in March. [...]
As the Bonn agreement draws heavily from this last constitution, it was partially restored last year. Subsequent regimes in the 1970s and 1980s also gave Afghanistan new constitutions, but they failed to gain universal acceptance because they were unsuccessful in evolving a genuine popular process, and these regimes were also seen as foreign puppets.
The completion stage of the constitution is under way with a constitutional commission working under the chairmanship of Vice-President Nematullah Sharani, who also headed the drafting commission. The 35-member representative body of Afghan society comprises experts in constitutional law, Islamic law (shari'ah), sociologists, economists and tribal leaders.
According to Wardak, this commission will further analyse the first draft, and by the end of this month complete the formulation of the final version, after which it will consult Afghans inside the country and Afghan refugees in both neighbouring Pakistan and Iran. This public consultation will last for two months, and in August all the recommendations will be incorporated in the draft.
The first public draft of the constitution will be published in September in both Afghan national languages, Pashto and Dari, and distributed nationwide. The secretariat of the constitutional commission has already established eight offices across the country to inform the public about the process. "Once the people realise how important the constitution is for their individual, family and national life, they will participate in the process," he said.
A constitutional Loya Jirga [grand tribal council] in October will be the third and final stage of the constitution-making process and the climax of the approval phase. "We hope that this will be a broad representative body of Afghans and will be convened in Kabul for 25 days," Wardak said.
However, Afghanistan experts remain concerned about the process. "The process is short. It would have been better to have a longer process for public consultation on all the issues to be discussed in a serious manner," Barnett Rubin, the director of studies at the Center on International Cooperation in New York University, told IRIN. "We can just hope that they manage to pull it off."
Rubin maintained that many security issues needed to be settled before going ahead with the key procedure of adopting the new supreme law. "Security is the key [to the success of] not just the constitution but also the whole Bonn process, reconstruction and everything," he said, noting that the US and European countries should realise that they had a duty to provide the Afghan government with enhanced security assistance."

Document(s): Open document

26.04.2003 - Source: UN Development Programme

Inauguration of Afghanistan's Constitutional Commission ("Inauguration of Afghanistan's Constitutional Commission") [ID 290]

"The 35 member Constitutional Review Commission was inaugurated. Chaired by Vice-President Neamatullah Sharani, the commission has a historic and challenging mandate, to conduct public consultations throughout the country and abroad in order to ascertain the aspirations of Afghans with regard to their future constitution.
On this basis the commission will review the work of the Drafting Commission and Prepare the Draft Constitution to be submitted to the Constitutional Loja Jirga in October 2003. The Islamic Transitional Administration of Afghanistan has made considerable efforts to ensure that the Commission represents the regional, ethnic, professional and religious diversity of the Afghan nation and the full participation of women in the constitution-making process. [...]"

Document(s): Inauguration of Afghanistan's Constitutional Commission

07.03.2003 - Source: Danish Immigration Service

Next few months will give an indication of the prospects of holding elections in the first half of 2004 ("The Political, Security and Human Rights Situation in Afghanistan: Report on fact-finding mission to Kabul and Mazar-i-Sharif, Afghanistan and Islamabad, Pakistan; 22 September - 5 October 2002") [#11326],  [ID 291]

"The Norwegian ambassador advised that the political process is rogressing in accordance with the agreements made during the negotiations in Bonn in December 2001. The elections scheduled to take place in the year 2004 will be the next milestone in the political process, with these elections also putting pressure on current developments towards making the political process work until then. It was the opinion of the Norwegian ambassador that the political process will take its course in Kabul but that it is not clear to what extent the local warlords in the provinces will have an influence on the process, all depending on developments in the security situation. At present it is clear that a national army and police force will not be established before elections.
According to the Norwegian ambassador it is a matter of opinion whether President Karzai can currently be considered to be in a strong or a weak position. Some sources feel that the president's position has been weakened because he did not take the opportunity at the Loya Jirga to reduce the power of the Pansjir-group in the government, whereas others think that the president's position was strengthened during the Loya Jirga because he avoided a military confrontation through clever diplomatic tactics.
The neighbouring countries of Iran and Pakistan have both expressed their support for Karzai. Musharraf, the president of Pakistan, has officially said that Pakistan does not support Hekmatyar against Karzai.
The role of the Pashtuns in the upcoming process will be the deciding factor, according to the Norwegian ambassador. They make up between 40 and 45% of the population; however, they consist of a number of tribes/groups which at present are not cooperating. In the opinion of the
Norwegian ambassador, the Americans currently have a dual role in Afghanistan, as on the one hand they use the individual warlords in the fight against al-Qaida and the Taliban, whilst on the other hand they are the main contributors towards the reconstruction of Afghanistan. The next few months will give an indication of the prospects of holding elections. For this purpose, the warlords will need to place themselves in political groupings. Elections are likely to take place in the first half of 2004."

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