2003 Loya jirga
Encyclopedia
A 502-delegate loya jirga
convened in Kabul
, Afghanistan
, on December 14, 2003, to consider the proposed Afghan Constitution
. Originally planned to last ten days, the assembly did not endorse the charter until January 4, 2004. As has been generally the case with these assemblies, the endorsement came by way of consensus rather than a vote. Afghanistan's last constitution was drafted for the Democratic Republic of Afghanistan
in November 1987. Because of strife within the assembly, the 2003 Loya jirga was dubbed, by some Afghans, the "loya jagra" ("big fight").
appointed a nine member Constitutional Drafting Commission, chaired by then Vice-President Nematullah Shahrani
. Over the next six months, this body drafted a new constitution, based largely on the 1964 Afghan constitution. The initial draft, written primarily by Abdul Salam Azimi
(who would become Chief Justice of Afghanistan's Supreme Court in 2006) was not the subject of in-depth political consultation. In April 2003, Interim President Karzai passed a decree appointing a new 35-member Constitutional Commission and laying out a public consultation process. This commission travelled widely throughout the country and reworked the draft, which was not released to the public until November 2003, only weeks before the Constitutional Convention (Loya Jirga) was scheduled to begin. This process was supported by several international institutions that provided funding, mostly through the UN, and expertise.
, who campaigns for women's rights.
or Pashto should be the official language, and whether other local languages would be recognized, whether former king Mohammed Zahir Shah
should maintain the title "father of the nation," how to address women's rights, whether Afghanistan should be a free market economy, and whether higher education should be free.
The heaviest debate surrounded the question of the presidential vs. parliamentary system. Interim President Hamid Karzai
supported a draft constitution the created a presidential system, which would provide one nationally elected figure who could effectively direct the executive branch. Others argued that for an ethnically diverse country coming out of years of conflict - a power-sharing model with a strong President presented the best hope for national unity and reconciliation. At one point President Karzai threatened that he would not run for the office in 2004 if a parliamentary system or semi-presidential system was created. Members of the Tajik-dominated Northern Alliance accused Karzai of buying off opponents with promises of influential positions in a post-election government. On January 1, the loya jirga broke down when close to half of the assembly, consisting mostly of Uzbek, Tajik, Hazara and Turkmen
minorities, boycotted the only ballot, forcing chairman Sibghatullah Mojaddedi
to call for a 2-day adjourning.
's 154. Deputies were elected, but excluded women. Many of the 114 female delegates protested at not being represented in the secretariat. To assuage their concerns, Mojaddedi appointed Safia Sediqi to the fourth deputy position and two other women as deputies' assistants.
Members of constitutional commissions, supreme court and other government officials, and members of legal and human rights commissions were allowed to attend, but not vote. Provincial governors and top-ranking police, administration, and military officials were barred from the proceedings. Delegates were divided among ten committees to consider amendments to the draft constitution, which were submitted to a reconciliation council. Powerful militia leaders had been among the groups, often dominating the process.
On the third day, Malalai Joya
http://www.malalaijoya.com, a female delegate from Farah Province
, was temporarily evicted, having complained that the warlords would still be in charge of the new government. Her microphone was turned off when she suggested that some of the leaders should be tried in an international court. She remained under U.N. protection for several days because of death threats. Ms. Joya aroused controversy when she condemned the allocation of positions of influence at the council to certain faction leaders, including former president Burhanuddin Rabbani and Abdul Rasul Sayyaf, a deeply conservative Islamist.
, 25, from Farah Province
delivered the following speech which received wide coverage in the media internationally:
"My name is Malalai Joya from Farah Province. By the permission of the esteemed attendees, and by the name of God and the colored-shroud martyrs of the path of freedom, I would like to speak for couple of minutes.
My criticism on all my compatriots is that why are they allowing the legitimacy and legality of this Loya Jerga come under question with the presence of those felons who brought our country to this state.
I feel pity and I feel very sorry that those who call Loya Jerga an infidel basis equivalent to blasphemy after coming here their words are accepted, or please see the committees and what people are whispering about. The chairman of every committee is already selected. Why do you not take all these criminals to one committee so that we see what they want for this nation. These were those who turned our country into the nucleus of national and international wars. They were the most anti-women people in the society who wanted to [makes pause] who brought our country to this state and they intend to do the same again. I believe that it is a mistake to test those already being tested. They should be taken to national and international court. If they are forgiven by our people, the bare- footed Afghan people, our history will never forgive them. They are all recorded in the history of our country."
Many delegates complained that the process had no specific criteria, that the rules of procedure were not followed, and that delegates were not properly prepared or educated about the issues. There were also complaints that many of the most important decisions were made by militia and party leaders, Karzai's favorites, and international representatives, such as US envoy Zalmay Khalilzad
, behind the scenes.
A documentary film, "Hell of a Nation", produced and directed by Tamara Gould, Bonnie Cohen, and John Schenk, and aired on PBS's "Wide Angle" series covered the Afghan constitutional process in detail.
Loya jirga
A loya jirga is a type of jirga regarded as "grand assembly," a phrase in the Pashto language meaning "grand council." A loya jirga is a mass meeting usually prepared for major events such as choosing a new king, adopting a constitution, or discussing important national political or emergency...
convened in Kabul
Kabul
Kabul , spelt Caubul in some classic literatures, is the capital and largest city of Afghanistan. It is also the capital of the Kabul Province, located in the eastern section of Afghanistan...
, Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
, on December 14, 2003, to consider the proposed Afghan Constitution
Constitution of Afghanistan
The Constitution of Afghanistan is the supreme law of the state Afghanistan, which serves as the legal framework between the Afghan government and the Afghan citizens...
. Originally planned to last ten days, the assembly did not endorse the charter until January 4, 2004. As has been generally the case with these assemblies, the endorsement came by way of consensus rather than a vote. Afghanistan's last constitution was drafted for the Democratic Republic of Afghanistan
Democratic Republic of Afghanistan
The Democratic Republic of Afghanistan was a government of Afghanistan between 1978 and 1992. It was both ideologically close to and economically dependent on the Soviet Union, and was a major belligerent of the Afghan Civil War.- Saur Revolution :...
in November 1987. Because of strife within the assembly, the 2003 Loya jirga was dubbed, by some Afghans, the "loya jagra" ("big fight").
Drafting the Constitution
The Bonn Agreement of December 2001 required Afghanistan to draft and adopt a new constitution within 2 years. In October 2002, Interim President Hamid KarzaiHamid Karzai
Hamid Karzai, GCMG is the 12th and current President of Afghanistan, taking office on 7 December 2004. He became a dominant political figure after the removal of the Taliban regime in late 2001...
appointed a nine member Constitutional Drafting Commission, chaired by then Vice-President Nematullah Shahrani
Nematullah Shahrani
Professor Nematullah Shahrani is one of the most prominent Afghan scholars. He was one of four Vice Presidents of the Afghan Transitional Administration from 2002 to 2004. Shahrani also headed of the Afghan Constitution Commission....
. Over the next six months, this body drafted a new constitution, based largely on the 1964 Afghan constitution. The initial draft, written primarily by Abdul Salam Azimi
Abdul Salam Azimi
Abdul Salam Azimi Abdul Salam Azimi Abdul Salam Azimi (Pashtu:عبدالسلام عظیمی (born: 1936, in Farah Province) is the Chief Justice of Afghanistan and, as such, the head of the Afghan Supreme Court since May 2006....
(who would become Chief Justice of Afghanistan's Supreme Court in 2006) was not the subject of in-depth political consultation. In April 2003, Interim President Karzai passed a decree appointing a new 35-member Constitutional Commission and laying out a public consultation process. This commission travelled widely throughout the country and reworked the draft, which was not released to the public until November 2003, only weeks before the Constitutional Convention (Loya Jirga) was scheduled to begin. This process was supported by several international institutions that provided funding, mostly through the UN, and expertise.
Selecting the Loya Jirga delegates
In July 2003, a Presidential Decree outlined the process for delegate selection for the Constitutional Loya Jirga (CLJ), stating that there would be 500 delegates, 344 elected by caucus at the district level, 64 women elected by caucus at the provincial level, 42 delegates from refugee, nomad, and minority communities, and 50 people (25 men, 25 women) appointed by President Karzai. The delegates included activists such as Shukria BarakzaiShukria Barakzai
Shukria Barakzai is an Afghan politician, journalist and entrepreneur, and a prominent Muslim feminist.-Early life:She was born in 1972 in Kabul, Afghanistan...
, who campaigns for women's rights.
Issues addressed
Issues involving substantial debate included whether Afghanistan should have a presidential or parliamentary system, whether DariDari (Eastern Persian)
Dari or Fārsī-ye Darī in historical terms refers to the Persian court language of the Sassanids. In contemporary usage, the term refers to the dialects of modern Persian language spoken in Afghanistan, and hence known as Afghan Persian in some Western sources. It is the term officially recognized...
or Pashto should be the official language, and whether other local languages would be recognized, whether former king Mohammed Zahir Shah
Mohammed Zahir Shah
Mohammed Zahir Shah was the last King of Afghanistan, reigning for four decades, from 1933 until he was ousted by a coup in 1973...
should maintain the title "father of the nation," how to address women's rights, whether Afghanistan should be a free market economy, and whether higher education should be free.
The heaviest debate surrounded the question of the presidential vs. parliamentary system. Interim President Hamid Karzai
Hamid Karzai
Hamid Karzai, GCMG is the 12th and current President of Afghanistan, taking office on 7 December 2004. He became a dominant political figure after the removal of the Taliban regime in late 2001...
supported a draft constitution the created a presidential system, which would provide one nationally elected figure who could effectively direct the executive branch. Others argued that for an ethnically diverse country coming out of years of conflict - a power-sharing model with a strong President presented the best hope for national unity and reconciliation. At one point President Karzai threatened that he would not run for the office in 2004 if a parliamentary system or semi-presidential system was created. Members of the Tajik-dominated Northern Alliance accused Karzai of buying off opponents with promises of influential positions in a post-election government. On January 1, the loya jirga broke down when close to half of the assembly, consisting mostly of Uzbek, Tajik, Hazara and Turkmen
Turkmen people
The Turkmen are a Turkic people located primarily in the Central Asian states of Turkmenistan, Afghanistan, and northeastern Iran. They speak the Turkmen language, which is classified as a part of the Western Oghuz branch of the Turkic languages family together with Turkish, Azerbaijani, Qashqai,...
minorities, boycotted the only ballot, forcing chairman Sibghatullah Mojaddedi
Sibghatullah Mojaddedi
Sibghatullah Mojaddedi , served as the first President of the Islamic State of Afghanistan after the fall of the communist regime in 1992. He is also the leader of the Afghan National Liberation Front...
to call for a 2-day adjourning.
Election of chairman, committees
The Loya jirga was convened on 14 December, beneath a large tent at the newly-refurbished technical university in Kabul. In the opening ceremonies, a dozen children in various traditional costumes waved Afghan flags and sang songs of peace, including "We are doves, waiting for peace, we are tired of fighting." Former king Mohammad Zahir Shah addressed the assembly. Then Mojaddedi was elected chairman, winning 252 votes, over Abdul Hafiz MansoorAbdul Hafiz Mansoor
Abdul Hafiz Mansoor was born in 1963 in the Panjsher Valley of Afghanistan. He is a member of the Jamiat-e Islami. After the fall of the Taliban in 2001, Mansoor served as the first director of state radio and television in Afghanistan...
's 154. Deputies were elected, but excluded women. Many of the 114 female delegates protested at not being represented in the secretariat. To assuage their concerns, Mojaddedi appointed Safia Sediqi to the fourth deputy position and two other women as deputies' assistants.
Members of constitutional commissions, supreme court and other government officials, and members of legal and human rights commissions were allowed to attend, but not vote. Provincial governors and top-ranking police, administration, and military officials were barred from the proceedings. Delegates were divided among ten committees to consider amendments to the draft constitution, which were submitted to a reconciliation council. Powerful militia leaders had been among the groups, often dominating the process.
On the third day, Malalai Joya
Malalai Joya
Malalai Joya is an activist, writer and a former politician from Afghanistan. She served as a Parliamentarian in the National Assembly of Afghanistan from 2005 until early 2007, after being dismissed for publicly denouncing the presence of what she considered to be warlords and war criminals in...
http://www.malalaijoya.com, a female delegate from Farah Province
Farah Province
Farah is one of the thirty-four provinces of Afghanistan. It is in the southwest of the country. Its capital is Farah. Farah is a spacious and sparsely populated province that lies on the Iranian border...
, was temporarily evicted, having complained that the warlords would still be in charge of the new government. Her microphone was turned off when she suggested that some of the leaders should be tried in an international court. She remained under U.N. protection for several days because of death threats. Ms. Joya aroused controversy when she condemned the allocation of positions of influence at the council to certain faction leaders, including former president Burhanuddin Rabbani and Abdul Rasul Sayyaf, a deeply conservative Islamist.
Malalai Joya's Historical Speech
On December 17, 2003, Malalai JoyaMalalai Joya
Malalai Joya is an activist, writer and a former politician from Afghanistan. She served as a Parliamentarian in the National Assembly of Afghanistan from 2005 until early 2007, after being dismissed for publicly denouncing the presence of what she considered to be warlords and war criminals in...
, 25, from Farah Province
Farah Province
Farah is one of the thirty-four provinces of Afghanistan. It is in the southwest of the country. Its capital is Farah. Farah is a spacious and sparsely populated province that lies on the Iranian border...
delivered the following speech which received wide coverage in the media internationally:
"My name is Malalai Joya from Farah Province. By the permission of the esteemed attendees, and by the name of God and the colored-shroud martyrs of the path of freedom, I would like to speak for couple of minutes.
My criticism on all my compatriots is that why are they allowing the legitimacy and legality of this Loya Jerga come under question with the presence of those felons who brought our country to this state.
I feel pity and I feel very sorry that those who call Loya Jerga an infidel basis equivalent to blasphemy after coming here their words are accepted, or please see the committees and what people are whispering about. The chairman of every committee is already selected. Why do you not take all these criminals to one committee so that we see what they want for this nation. These were those who turned our country into the nucleus of national and international wars. They were the most anti-women people in the society who wanted to [makes pause] who brought our country to this state and they intend to do the same again. I believe that it is a mistake to test those already being tested. They should be taken to national and international court. If they are forgiven by our people, the bare- footed Afghan people, our history will never forgive them. They are all recorded in the history of our country."
Ratification
After weeks of contentious debate, a walkout by the chair and hundreds of delegates, and dozens of amendments, the loya jirga ratified the constitution without taking a vote, but by consensus, on January 4, 2004.Many delegates complained that the process had no specific criteria, that the rules of procedure were not followed, and that delegates were not properly prepared or educated about the issues. There were also complaints that many of the most important decisions were made by militia and party leaders, Karzai's favorites, and international representatives, such as US envoy Zalmay Khalilzad
Zalmay Khalilzad
Zalmay Mamozy Khalilzad is a counselor at the Center for Strategic and International Studies and president of Khalilzad Associates, an international business consulting firm based in Washington, DC. He was the United States Ambassador to the United Nations under President George W. Bush...
, behind the scenes.
A documentary film, "Hell of a Nation", produced and directed by Tamara Gould, Bonnie Cohen, and John Schenk, and aired on PBS's "Wide Angle" series covered the Afghan constitutional process in detail.