Though Afghanistan is to soon hold a loya jirga (a traditional decision making gathering of people’s representatives), many Afghan representatives have doubts about the jirga and its purpose.
Though Afghanistan is to soon hold a loya jirga (a traditional decision making gathering of people’s representatives), many Afghan representatives have doubts about the jirga and its purpose.Initially the idea of a jirga was mooted by President Hamid Karzai as a means of holding wider consultations on the issue of the strategic agreement between the U.S. and Afghanistan on the issue of U.S. military bases in the country. The critical and sensitive issue before Afghanistan is to ensure national security without compromising national sovereignty.
While most Afghans do not wish to see the immediate withdrawal of all international troops, they are also not in favour of the deployment of the foreign troops in perpetuity. President Karzai had said that the jirga would take a decision on the agreement which would be forwarded to the national assembly (the two houses of the Afghan parliament). The Afghan government has already presented a draft agreement to the U.S. for its consideration.
Afghan politicians including MPs are however divided on whether the proposed loya jirga is legal or not.
Mohammad Rafiq Shahir, an MP, believes it is the legal right of Afghan President to set up a loya jirga according to Article 65 of the Afghan Constitution. However he believes that the decision of the jirga is only advisory and not enforceable. Chapter 6 of the Afghan Constitution that lays out the provisions for a loya jirga, lists the situations under which the loya jirga will convene, which includes “to decide on issues related to independence, national sovereignty territorial integrity and well as supreme national interests.”
MPs opposing the constitution of the loya jirga are however quick to point to the fact that the current loya jirga does not meet all the provisions in the Constitution. Article 110, which lists the composition of the loya jirga states that it includes the members of the national assembly and the presidents of the provincial and district assemblies. Non-voting members will include ministers, chief justice and members of the Supreme Court as well as the Attorney General. Those opposing the jirga point out that the district assemblies, or district councils are yet to be elected. However the current loya jirga has been designated a ‘traditional’ loya jirga rather than a Constitutional loya jirga, which allows the President to choose the members.
The main fear of the Afghan opposition is that President Karzai will use the loya jirga for his own political ends. A number of MPs have therefore sought clarifications on the purpose and agenda of the loya jirga.
Tussle of power
At the heart of the tussle are contentious issues relating to representational politics. While the Constitution provides for an elected parliament, Afghanistan’s electoral system bans political parties and there is a widespread belief that votes or seats in the parliament are bought by money or muscle power. The 2009 and 2010 elections have both been controversial with allegations of widespread fraud in the voting. The loya jirga is seen by a section as being more representative as it requires widespread consultations across all sections of society. Its critics however point to the fact that the jirga membership can be subjective and often excludes key individuals, minorities and certain political ideologies, being weighted heavily in favour of the old power structures. The President has been in favour of holding jirgas on critical issues, while the parliament, which has often played the role of opposition to the government, has been critical of bypassing the parliament. The compromise, until now, has been to present the decisions of the jirga to the parliament for approval and the government has also promised to do the same following the forthcoming jirga.
Haji Mohammad Nawab Mangal, an MP said it that it was the absolute right of the Afghan president to hold a loya jirga. He however was emphatic that the President should not use the jirga as a political tool, but to further national interests.
Shakiba Hashemi MP and member of the parliamentary group calling itself “Karawan Solh”(Peace Caravan) called for a clarification of the nomenclature of the jirga as well as its agenda. She questioned why the loya jirga was being termed a ‘traditional’ one rather than a Constitutional one. Several MPs have expressed fears that jirga agenda and remit will not follow or may go beyond what has been publicly proclaimed so far.
But Siamak Herawi, Deputy to the Presidential spokesman, said the jirga would be used as a counseling board. “The Loya Jirga’s decisions will be sent to the National Assembly and then debated and approved.”
Abdul Raouf Ibrahimi the speaker of the lower house of the Afghan parliament expressed his certainty that the decision of the loya jirga would be sent to the national assembly and that the lower house of parliament would have the decisive authority.
Another question that comes up is what would happen if the loya jirga refuses to endorse the strategic agreement treaty of the Afghan government with the U.S. What would be the options before the Afghan government in that case? However most see this issue as a hypothetical one since the jirga’s appointees may endorse the agenda of the government. Most feel that the primary issue is one related to clarifying the agenda of the jirga.
