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AFGHANISTAN

Country Background

  Background reading
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Politics & Law

  Political analysis
Constitution
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  Elections Judicial system
  National law
Official documents
 
  Proceedings and results Participation of women in Loya Jirgah
  Selection of delegates Interference of local warlords with Loya Jirgah
  Role of Loya Jirgah

12.2007 - Source: UN High Commissioner for Refugees

Role and area of responsibility of the Loya Jirga ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22032]

"The Loya Jirga (Grand Assembly), serving much like a Constitutional Assembly, is composed of the members of the National Assembly and chairpersons of the Provincial and District Councils. The Ministers, the Chief Justice, members of the Supreme Court and the Attorney General can participate in the sessions of the Loya Jirga without the right to vote. A Loya Jirga can be convened:

• when there is a need to take decisions on the issues related to the independence, national sovereignty, territorial integrity, and supreme interest of the country;
• to amend the provisions of the Constitution; or
• to prosecute the President in accordance with the provisions of the Constitution."

Document(s): Open document

11.07.2002 - Source: UN Security Council

UN Secretary-General: Loya Jirgah enjoy extraordinary support throughout the country ("The situation in Afghanistan and its implications for international peace and security [A/56/1000–S/2002/737]") [#49253][ID 393]

"The process of selecting approximately 1,000 delegates from 390 districts of Afghanistan, which began on 16 April in the north-western region and ended on 6 June in Kabul, demonstrated the extraordinary support that the Loya Jirga enjoyed throughout the country, in spite of the marked ethnic and political differences within and between the regions of Afghanistan. For seven weeks, teams organized by the Special Independent Commission, accompanied by UNAMA staff and international monitors, criss-crossed the country, reaching out to the most remote settlements. Most of the time, they received a very positive response from the population as thousands, and sometimes tens of thousands, gathered in district assemblies to participate in the Loya Jirga process. The 200 women delegates selected for the Loya Jirga were particularly active. The additional fact that more than 20 of them were elected is not insignificant, given the severe oppression of women by the Taliban over the last five years. As expected, the Loya Jirga process was not without difficulties. Some were of a logistical nature, since access to a number of districts was inhibited by geography or weather conditions. Other problems related to the state of insecurity that existed due to tensions or open conflict between tribes and local commanders in some regions. These problems were particularly evident in the south-east (Gardez), the north (Mazar-e-Sharif) and the westernmost districts of the Hazarajat (Daikundi). A broader problem resulted from the very success of the Loya Jirga process. Indeed, while the momentum of the Emergency Loya Jirga muted the criticism heard from some extremist groups at the beginning of the process, its obvious importance prodded certain commanders to seek political legitimacy through the Loya Jirga. As a result, attempts by local commanders and authorities to control the outcome of the selection process by money or by intimidation were evident in different regions at one time or another. Incidents in a dozen districts were deemed serious enough by the members of the Special Independent Commission to warrant the cancellation of district elections."

Document(s): Open document

01.04.2002 -

Washington Post: Composition of the Loya Jirgah ("01/04/2002 - Washington Post: Panel Unveils Rules For Afghan Assembly") [ID 392]

"The loya jirga participants will include several elected members from each of about 350 local districts, plus 400 selected representatives from groups of refugees, exiles, nomads, women, traders, Islamic clergy, intellectuals, educators and other professionals. It will also include the 21 commission members and 53 government officials. The commissioners said the next loya jirga would proceed on schedule, with or without Afghanistan's former king, Mohammed Zahir Shah. Under the Bonn agreement, the long-exiled monarch, 87, is slated to open the loya jirga, and many Afghans have looked to him as a unifying symbol in the divided and bloodied country."

Document(s): 01/04/2002 - Washington Post: Panel Unveils Rules For Afghan Assembly

18.03.2002 - Source: UN Security Council

UN Secretary-General: UN has been given key role to play with regard to the emergency Loya Jirgah ("The situation in Afghanistan and its implications for international peace and security S/2002/278") [#6057][ID 391]

"34. The United Nations has been given a key role to play with regard to the emergency loya jirga. Specifically, it has been requested to assist in the establishment and functioning of the Special Independent Commission for the Convening of the Emergency Loya Jirga; to advise the Interim Authority on establishing a politically neutral environment conducive to the holding of the emergency loya jirga in free and fair conditions; to attend, if invited, the meetings of the Special Independent Commission; and to facilitate the resolution of any impasses arising from matters related to the convening of the emergency loya jirga.
36. The members of the Commission were selected following an extensive process of consultation with a wide range of intellectuals, civil society groups, religious and political leaders and members of the Interim Administration. The 21 commissioners were chosen from a cross-section of ethnic and religious groups, based on their technical qualifications, reputation and standing in the community, from more than 300 names proposed; 3 of the 21 commissioners, including a Vice-Chairperson, are women.
37. To further ensure the independence of the Commission, it has been decided that it will be funded through the Afghanistan Interim Authority Fund. The United Kingdom of Great Britain and Northern Ireland has generously provided the initial funds required, in the amount of 500,000 pounds, to enable the Commission to commence its activities. Discussions are now ongoing with potential donors to fund additional logistical requirements of the Commission, as well as for the organization of the emergency loya jirga itself."

Document(s): 02216afgh.pdf

15.03.2002 - Source: British Agencies Afghanistan Group

British Agencies Afghanistan Group: Nomads, IDPs and refugee communities in Iran, Pakistan and elsewhere will be represented in the Loya Jirgah ("BAAG Afghanistan Monthly Review; February 2002") [#5987][ID 390]

"A commission was established on 7th February, under the provisions of the Bonn Agreement, to draw up the ground rules for the convening of a Loya Jirga, or grand assembly, to be held in June for the purpose of creating a Transitional Authority to rule for an 18 month period. The Commission will travel to all areas of the country and will also ensure that the Loya Jirga represents nomads, internally displaced people and refugee communities in Iran, Pakistan and elsewhere."

Document(s): afg-baag0202.doc

05.12.2001 - Source: UN Assistance Mission in Afghanistan

Bonn Agreement ("Bonn Agreement") [#28868][ID 389]

Loya Jirgah shall be convened within six months of the establishment of the Interim Authority

"An Emergency Loya Jirga shall be convened within six months of the establishment of the Interim Authority. The Emergency Loya Jirga will be opened by His Majesty Mohammed Zaher, the former King of Afghanistan. The Emergency Loya Jirga shall decide on a Transitional Authority, including a broad-based transitional administration, to lead Afghanistan until such time as a fully representative government can be elected through free and fair elections to be held no later than two years from the date of the convening of the Emergency Loya Jirga."

Document(s): Open document