Celebrating the success of Afghanistan’s new constitution is a hazardous undertaking, since euphoria could quickly collide with the country’s sobering realities. All the same, the Afghan people have made a notable achievement, and their pride will buttress the ongoing democratization effort. They deserve their moment’s celebration and the world’s recognition.
“There is rain coming, and flowers are growing on my body,” said the chairman of the grand council, Sebaghatullah Mojadeddi, reciting a poem, after the constitution was approved last Sunday by the 502-member Loya Jirga in Kabul.
Enshrining the law of the land required disparate groups to broach bitter differences through negotiation. The delegates resolved more issues than was widely expected. The participation of tribal chieftains drew criticism, but Afghanistan President Hamid Karzai didn’t have the luxury of sidelining them completely. The Loya Jirga had to represent, to some realistic degree, the power structures on the ground if it was to create an enforceable constitution. Giving the tribal leaders some official say in constitutional and other matters could also help neutralize opportunities for war.
The constitution established a strong presidential system, but some checks on the president’s power, that weren’t included in the most recent draft, were added. More conditions have been placed on the president’s ability to choose appointed lawmakers, for example, and Parliament was given veto rights over senior appointments and some policy decisions.
The document dictates that presidential elections will be held in June and parliamentary elections a year later. The delegates resolved some tricky questions, such as what Afghanistan’s legal language would be. Although Pashto has traditionally been the only official language, under a compromise, Dari will also be an official language, while other minority languages will be officially recognized in the regions where they are spoken.
The constitution established a system of civil law, but no law “can be contrary to the beliefs and provisions” of Islam. This law isn’t regarded as a problem in and of itself, but leaves open the opportunity for strict interpretations of Islam by the chief justice of Afghanistan’s highest court. Current Chief Justice Mullah Fazl Hadi Shinwari is considered fairly conservative, having banned cable television and boys and girls studying together. Many observers of Afghanistan fear Saudi-backed Abdul Sayaf, an Islamic fundamentalist, could be next in line.
More positively, the delegates upheld some important universal rights. Women have been recognized as equal citizens, and female representatives will be given 25 percent of the seats in the lower house of Parliament. In a country where women would otherwise have no or very limited opportunities to participate in the democratic process in the near future, this provision is important.
The constitution has outlined lofty principles and ambitious goals for Afghanistan and the NATO forces trying to restore stability. Providing enough security to ensure a legitimate election will be a daunting challenge, especially in Pashtun areas. If citizens are prevented from accessing the polls, a flawed election would be worse than no election at all, and could even trigger civil war. An important step was taken last Sunday, but there now is limited time to make the necessary leaps.
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