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After weeks of bitter squabbling, the Afghan Loya Jirga finally endorsed a new Constitution by an overwhelming majority, clearing the way for the country's first elections after more than a quarter century of war and internecine conflict.

The post-Taleban political system agreed after much wrangling will have a President directly elected by the people, and two Vice Presidents nominated by presidential candidates on their election panel. A bicameral legislature will consist of a directly elected lower house, the Wolesi Jirga (House of the People), and an upper chamber, the Meshrano Jirga (House of Elders).

President Hamid Karzai, who supported a strong presidential system in the teeth of opposition calling for a parliamentary one, has had his powers watered down to make him accountable to the Wolesi Jirga.

The 160 Articles of the agreed Constitution outline the framework for an Islamic Republic, with "Islam as its sacred religion", while followers of other faiths will be free to worship within the provisions of the law.

The new Constitution makes a significant departure by declaring that men and women will be deemed to have equal rights and duties before the law, unlike under the Taleban, when women were not allowed to work and denied access to education.

The President will be the commander-in-chief of the armed forces, and will appoint ministers, the attorney general and central bank governor with the approval of the Wolesi Jirga, which will enjoy the authority to impeach ministers.

Ministers will not be allowed to hold foreign passports, but the Wolesi Jirga may approve appointments of ministers holding dual nationality.

Pashto and Dari have been declared the official languages, with other minority languages to be considered official languages in the areas in which they are spoken.

President Karzai greeted the adoption of the new Constitution with the following words: "You have laid the foundation for a free, united, rich and legitimate Afghanistan...Afghanistan does not have strong government institutions and it is a dangerous situation. There is the possibility of instability. That's why I prefer a strong presidential system..." UN Special Envoy Lakhdar Brahimi, however, who played a crucial role in reconciling opposing viewpoints in the Loya Jirga that was at one point deadlocked, cautioned that, "There is no rule of law in this country yet."

That remark brings into focus the importance of the commission to be set up to monitor implementation of the Constitution.

The Loya Jirga reflected both the worst and best elements of Afghan political culture. On the one hand, it showed up the deep ethnic and political divisions that continue to bedevil the country's efforts to grope towards a peaceful and prosperous future.

On the other hand, its final denouement showed the Afghan capacity for compromise. Although most articles of the draft constitution were approved without opposition, disagreements on a number of critical issues nearly sank the Loya Jirga. It took UN and US mediation to get the process back on track.

The disagreements centred on the political system, the President's powers, the national language and anthem, the role of Islam in the polity, and women's rights.

In the end, the necessary agreements were hammered out, paving the way for Afghanistan to emerge from its three decades old nightmare and proceed on the path of peace, reconciliation and prosperity.

Needless to say, an Afghanistan that reaches these goals would become a key player in boosting trade, investment and the oil and gas pipelines between Central and South Asia, to the benefit of all countries in the region.

Copyright Business Recorder, 2004


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