06.05.2004 - Source: Institute for War and Peace Reporting

More than 50 former delegates to the Constitutional Loya Jirga complain to President Hamed Karzai, other Afghan officials and the UN about changes in the Constitution ("Delegates Protest Changes in Constitution") [#22026],  [ID 297]

"[...] According to Mohammad Mehdi Tawana, a delegate from Mazar, many of the delegates are upset by changes made in Article 16, which deals with language rights and designates Dari and Pashtu, the two languages most commonly spoken in Afghanistan, as the country's official tongues. According to these delegates, the sentence "the scientific and administrative national current terms will be kept" was inserted into this article in the document signed by Karzai, although it did not appear in the final draft distributed to delegates on January 4.
The change would require speakers of Afghanistan's many languages to refer to scientific and national terms and titles only in one of the country's two official languages, usually Pashtu. Ahmad charges that this will prevent minority languages from developing and lead to favoritism of one language.
These delegates also object to the removal of the phrase "after authorisation of the national assembly" from Article 50. This article requires the government to "adopt necessary measures for creation of a strong and sound administration and realisation of reforms in the administrative system of the country". "With the removal of these words from Article 50, they wanted to increase the authority of the president and decrease the authority of the representatives of the people," said Ahmad. Not all the delegates from the northern provinces are concerned by the changes. Dr Nadera Hayat Burhani, a delegate from Balkh, said she was not worried about the modifications and accused the protesting delegates of seeking to defame Karzai in advance of the presidential elections in September.
But Mohammad Ashraf Ramazan, another northern delegate, said that the changes to the constitution are more serious than simply altering a few words.[...]"

Document(s): Open document

19.03.2004 - Source: UN General Assembly

Constitutional Loya Jirga successfully concluded on 4 January 2004 ("The situation in Afghanistan and its implications for international peace and security A/58/742–S/2004/230") [#20724],  [ID 298]

"[...] A. The Constitutional Loya Jirga
2. The Constitutional Loya Jirga was successfully concluded on 4 January 2004 with an almost unanimous agreement among the 502 delegates on the final draft. The agreement is a significant achievement in view of the many controversial issues that emerged and nearly paralysed the assembly in its final days. Ultimately the various groups showed the political maturity needed to set aside the most divisive claims and reach compromise on many of their remaining differences. The issues included the powers of the President, the nationality of ministers, the creation of a commission to oversee the implementation of the constitution, the timing of the elections and the national anthem and language.
3. The compromise achieved between the supporters of presidential and parliamentary forms of government led to a system that is presidential in nature, but with a large degree of parliamentary oversight. For the first time in the constitutional history of Afghanistan, the definition of the nation explicitly included all minority groups. Languages other than Dari and Pashto were recognized as official in areas where the majority speaks them. The constitution enshrined equality of men and women and promoted women’s political participation by guaranteeing that at least 25 per cent of representatives in the lower house of parliament will be women. The constitution provides a framework for the establishment of the rule of law, consistent with the “beliefs and prescriptions” of Islam. [...]"

Document(s): Open document
Open document

08.01.2004 - Source: Human Rights Watch

Afghanistan's constitution contains new human rights provisions and mandates better political representation of women ("Constitutional Process Marred by Abuses") [#18582],  [ID 299]

"[...] Human Rights Watch noted that there were significant achievements at the meeting. The single biggest gain is that women are now guaranteed a substantial number of seats in Afghanistan's bicameral National Assembly. Approximately 25 percent of seats in the Wolesi Jirga (House of the People) are reserved for women; the president is obligated to appoint additional women in the Meshrano Jirga (House of Elders). One provision of the constitution also provides specific equality between men and women under law. [...]
The constitution fails to adequately address the role of Islamic law and its relationship to human rights protections. Human Rights Watch is concerned that conservative factions could use appointments to the new judiciary to implement interpretations of Islam that may violate human rights standards. [...]
The new constitution was approved January 4 by 502 delegates at a special constitutional loya jirga, or "grand council," mandated under the Bonn Agreement. [...]"

Document(s): Open document