Afghanistan: The Constitutional Loya Jirga
Afghanistan’s proposed new constitution is significantly flawed. The draft differs radically from the one the Constitutional Review Commission submitted to President Karzai in late September and would be unlikely to ensure inclusive, democratic governance and protect human rights – issues central to its public acceptance and national stability. The results of earlier public consultation have been disregarded in favour of strengthening President Karzai’s power. No meaningful power-sharing is envisaged, either within the national government or between central and provincial governments. The draft provides no clarity on how possible conflicts between international human rights law and Islamic law might be resolved and fails to guarantee women effective political representation. If adopted by the Constitutional Loya Jirga without important changes, it would allow religious and central government power holders to a ccumulate more authority at the cost of democratic forces.
Afghanistan: The Constitutional Loya Jirga
OVERVIEW http://www.crisisweb.org/home/index.cfm?id=2417&l=1
International Crisis Group: http://www.crisisweb.org
Afghanistan: Threats of expulsion of Loya Jirga delegate unacceptable
Following threats of violence and expulsion of an outspoken delegate, Amnesty International called today on the Chairman of the Constitutional Loya Jirga - Sebghatollah Mojadedi, and his Deputies to ensure that all delegates to the body are able to freely express their views.
During this morning's plenary session, a female delegate spoke out against what she described as the domination of the process by strong political figures whom she called "criminals". The Chairman prevented the woman from continuing to speak and some of the delegates began screaming abuse at her.
Some present were heard to say that they would kill the woman while others intervened to protect her.
"The Constitutional Loya Jirga presents the people of Afghanistan with the opportunity to turn away from the abuses of the past and create a new system in which the rights of all are ensured," the organization declared.
"If delegates are threatened or otherwise prevented from expressing their views, this process of building a new future for Afghanistan will be severely threatened."
Background
After over two decades of war, the country embarked on a process of reconstruction beginning with the signing of the Bonn Agreement in December 2001. As a part of this process, a Constitutional Loya Jirga has been convened to debate and approve a new constitution for the country.
One powerful factional leader and delegate to the Constitutional Loya Jirga, Abdul Rabb al-Rasul Sayyaf, was allowed to speak at length and told the gathering that those who speak against the mujahideen were the real perpetrators of abuse. The Chairman called for security guards to intervene and asked the woman to leave, threatening her with expulsion. He later changed his mind and allowed her to remain in the meeting, but warned her that she should not speak this way in the future.
Impunity for past abuses has not yet been addressed in Afghanistan. In many parts of the country insecurity remains. The justice system is not yet able to provide the rule of law, much less address the abuses of the past.
Amnesty International: http://amnesty.org
Please also visit the website of the:
Revolutionary Association of the Women of Afghanistan (RAWA);
http://www.rawa.org or in our Links section.
Afghanistan’s proposed new constitution is significantly flawed. The draft differs radically from the one the Constitutional Review Commission submitted to President Karzai in late September and would be unlikely to ensure inclusive, democratic governance and protect human rights – issues central to its public acceptance and national stability. The results of earlier public consultation have been disregarded in favour of strengthening President Karzai’s power. No meaningful power-sharing is envisaged, either within the national government or between central and provincial governments. The draft provides no clarity on how possible conflicts between international human rights law and Islamic law might be resolved and fails to guarantee women effective political representation. If adopted by the Constitutional Loya Jirga without important changes, it would allow religious and central government power holders to a ccumulate more authority at the cost of democratic forces.
Afghanistan: The Constitutional Loya Jirga
OVERVIEW http://www.crisisweb.org/home/index.cfm?id=2417&l=1
International Crisis Group: http://www.crisisweb.org
Afghanistan: Threats of expulsion of Loya Jirga delegate unacceptable
Following threats of violence and expulsion of an outspoken delegate, Amnesty International called today on the Chairman of the Constitutional Loya Jirga - Sebghatollah Mojadedi, and his Deputies to ensure that all delegates to the body are able to freely express their views.
During this morning's plenary session, a female delegate spoke out against what she described as the domination of the process by strong political figures whom she called "criminals". The Chairman prevented the woman from continuing to speak and some of the delegates began screaming abuse at her.
Some present were heard to say that they would kill the woman while others intervened to protect her.
"The Constitutional Loya Jirga presents the people of Afghanistan with the opportunity to turn away from the abuses of the past and create a new system in which the rights of all are ensured," the organization declared.
"If delegates are threatened or otherwise prevented from expressing their views, this process of building a new future for Afghanistan will be severely threatened."
Background
After over two decades of war, the country embarked on a process of reconstruction beginning with the signing of the Bonn Agreement in December 2001. As a part of this process, a Constitutional Loya Jirga has been convened to debate and approve a new constitution for the country.
One powerful factional leader and delegate to the Constitutional Loya Jirga, Abdul Rabb al-Rasul Sayyaf, was allowed to speak at length and told the gathering that those who speak against the mujahideen were the real perpetrators of abuse. The Chairman called for security guards to intervene and asked the woman to leave, threatening her with expulsion. He later changed his mind and allowed her to remain in the meeting, but warned her that she should not speak this way in the future.
Impunity for past abuses has not yet been addressed in Afghanistan. In many parts of the country insecurity remains. The justice system is not yet able to provide the rule of law, much less address the abuses of the past.
Amnesty International: http://amnesty.org
Please also visit the website of the:
Revolutionary Association of the Women of Afghanistan (RAWA);
http://www.rawa.org or in our Links section.