12.2007 - Source: UN High Commissioner for Refugees

The highest legislative organ, the National Assembly, consists of 2 houses: the Meshrano Jirga (Senate or Upper House), and the Wolesi Jirga (House of Representatives or Lower House); only Afghan citizens can be members either of the Meshrano Jira (candidates must be 35 or older), or the Wolesi Jirga (candidates must be 25 or older); list of authorities of the National Assembly ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22113]

"Established by the Constitution, the National Assembly consists of two houses:
the Meshrano Jirga (Senate or Upper House), and the Wolesi Jirga (House of Representatives or Lower House).
The National Assembly is the highest legislative organ, and is expected to review all laws adopted by the Cabinet and President during the interim and transition period. It is impossible to be simultaneously a member of both the Meshrano Jirga and Wolesi Jirga. In addition, members of the National Assembly must be Afghan citizens. Candidates must be 25 years of age or older at the date of candidacy for the Wolesi Jirga, and 35 or older at the date of election or appointment to the Meshrano Jirga.

The new National Assembly convened for the first time on 19 December 2005, following the September 2005 legislative elections.

The National Assembly has the authority to:

• ratify, modify, or abrogate laws and legislative decrees;
• approve plans for economic, social, cultural and technological development;
• approve state budgets, grant permission for obtaining loans;
• create, modify and/or dissolve administrative units;
• ratify or withdraw from international treaties and agreements; and
• other powers as specified in the Constitution.

Policies and legislation can be initiated by the Office of the President, individual ministries or the National Assembly, and become law after passing through both houses of Parliament and being endorsed by the President."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Members of the Wolesi Jirga are elected for 5 years by, free, direct and secret ballot in provincial constituencies; currently there are 249 seats which are distributed among provinces according to population size; 86 seats are reserved for women and 10 for the kuchi (nomad); political and ethnic diversity; however, some members are accused of serious human rights abuses ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22114]

"The Wolesi Jirga is the Lower House (House of Representatives) of the National Assembly. Members of the Wolesi Jirga are elected for five years by, free, direct and secret ballot in provincial constituencies. There are currently 249 seats in the Wolesi Jirga; the Constitution stipulates that the maximum number of seats is 250. Seats are distributed among the provinces according to population size.

Sixty-eight seats, an average of two from each province, are reserved for women. Ten seats are reserved for the kuchi (nomad) population, three of which must go to women. The individuals composing the Lower House reflect Afghanistan’s political and ethnic diversity, including a large number of professionals, a contingent of secularists (some of whom were prominent in the communist Government of the 1980s), many former commanders (jihadis), and a small number of former members of the Taliban movement.

Some members of the National Assembly are accused of serious human rights abuses giving rise to concerns regarding impunity and the provision of national protection. In an encouraging development, of the 68 women elected to the Lower House, several received sufficient votes to secure their seats without recourse to the quotas set for women in the electoral law. Mohammad Yunus Qanooni, a former presidential candidate, was elected as the Speaker of the Lower House."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Composition and election of the Meshrano Jirga (102 members); in the first months, debates focused primarily on administrative matters, on the country’s security and the status of female parliamentarians ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22115]

"The Meshrano Jirga, the Upper House of the National Assembly, also referred to as Senate, comprises 102 members. The Constitution stipulates that members of the Meshrano Jirga shall be elected and appointed as follows:

• from among the members of each Provincial Council; the respective Council elects one person for a period of four years;
• from among the District Councils of each province; the respective Council elects one person for a period of three years;
• the President shall appoint the remaining one-third of the members from among experts and experienced personalities (including two representatives of the disabled and impaired and two representatives of the nomads – Kuchi) for a period of five years. Fifty percent of these individuals appointed by the President shall be women.

In November 2005, in accordance with the Electoral Law, each Provincial Council elected from among its members two representatives to serve in the Upper House. Of the 64 elected officials, six were women. On 9 December, with the certification of the Joint Electoral Management Body, President Karzai nominated 34 members – including 17 women – to the Meshrano Jirga. As District Council elections were postponed, the Meshrano Jirga does not yet comprise members elected from among those councils. The electoral process was concluded on 19 December 2005, with the inauguration of the National Assembly. The Meshrano Jirga elected the former President of Afghanistan, Sibghatullah Mojaddedi, as its speaker.

In the first months of the National Assembly’s proceedings, debates focused primarily on administrative matters and on issues of public concern such as threats to the country’s security and whether female parliamentarians should be accompanied by male relatives during official travel. In 2006, the National Assembly developed into a vibrant forum for debate on a range of issues and provided an increasingly relevant check and balance to the executive branch. The National Assembly reviewed some 200 laws and Presidential decrees issued over the last three years. National Assembly rules and procedures were debated, including procedures on the vote of confidence on Cabinet appointments. In this regard, the Lower House decided on 27 February 2007 to exercise its constitutional authority to review and approve the Cabinet on an individual, rather than collective, basis."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

There is evidence that at least some government officials have links to armed groups and criminal networks; anti-government violence increases ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22930]

"Notwithstanding significant achievements, there is evidence that at least some Government officials have links to armed groups and criminal networks. Of even greater concern is the deteriorating security situation typified by heightened levels of anti-Government violence. The recent upsurge in violence in the south, southeast, east, west and central regions of the country poses serious risks to Afghanistan’s political, economic and social gains. The severity and consistency of incidents attributed to anti-Government elements and the number and intensity of military operations, have once again made personal security the paramount concern of most Afghans. The negative impact on economic growth in affected regions is equally a real concern. If not effectively and urgently addressed, the insurgency could have a profoundly negative impact on the considerable achievements of the process, initiated with the Bonn Agreement and the subsequent Afghanistan Compact."

Document(s): Open document

27.06.2007 - Source: Institute for War and Peace Reporting

Government seems to face insurrection within its own ranks: Parliament removes ministers, suspends legislators and refuses to heed Supreme Court ("Government Turns In on Itself") [ID 20685]

Document(s): Open document

23.05.2007 - Source: Amnesty International

Reach of the central government restricted; parallel systems prevail ("Annual Report 2007") [ID 20284]

"The reach of the central government was restricted. Parallel systems of governance and dispute resolution prevailed. Insecurity undermined the rule of law and created a climate of impunity. Governors in some provinces acted independently of central government and violated human rights with impunity. Despite the appointment of Supreme Court judges and other high-ranking officials, reform and rebuilding of the judicial sector remained sluggish. The Afghan security forces, particularly the police and representatives of the National Security Directorate (NSD), were accused of illegal detentions and torture and other ill-treatment. The legal status of international forces appeared to put them beyond the reach of Afghan law, and their failure to provide effective redress for violations undermined the rule of law. Corruption and involvement in the drugs trade further undermined the delivery of justice by the government. Private jails continued to be administered by regional commanders. In November, the Attorney-General declared a "jihad" (holy war) against corruption. In early March, government officials, backed by international forces, brought to a close a prison uprising in which at least five people died. Detainees associated with the Taleban in Pol-e Charkhi prison had protested against a new uniform regime and had taken control of part of the prison. In July, the government reportedly announced plans to re-establish the Department for the Promotion of Virtue and Prevention of Vice, a government body that committed numerous human rights violations, notably against women, during the rule of the Taleban. Assurances were given that the department would not be given the same duties as before."

Document(s): Open document