The Hindu : Afghanistan's new constitution

Online edition of India's National Newspaper
Tuesday, Nov 11, 2003

Opinion

Opinion - Editorials

Afghanistan's new constitution

A NEW CONSTITUTION for Afghanistan might appear incongruous given the conditions in that country. The unfortunate people of that war-ravaged country face formidable obstacles as they endeavour to establish a constitutional order. Afghanistan is less a united country than a patchwork of warlord-dominated enclaves that are hostile to one another. The Government in Kabul is unable to enforce its writ in most parts of the country and is riven by factionalism. Efforts to reintegrate the country have not made significant headway; the communication networks have not been fully repaired and a new national army has yet to take shape. The whole edifice is under threat from a resurgent Taliban and could swiftly collapse if hit by a determined onslaught. However, the people of Afghanistan have suffered so horrendously for over two decades that all efforts to restore peace and order must be encouraged. It is also in the interest of the international community as a whole that the situation within Afghanistan is normalised. While the warlords continue to jostle for pre-eminence, the possibility that they could come to their senses cannot be entirely ruled out. The leaders of the Afghan factions are ageing and they have been provided ample opportunity to understand the limits of their ambitions. A constitutional scheme can work if it reflects the reality that the various ethnic groups in Afghanistan will never submit to a domineering central government.

The draft constitution publicised last week does take cognisance of this reality. It provides for the delegation of power to the provinces and local bodies though the details of the devolution package have yet to be worked out. The various factions were given the opportunity to contribute to the drafting exercise. Copies of the draft have been sent to all parts of the country so that the people can study it before the constitution is finalised at a Loya Jirga, or grand assembly, to be held in December. The Afghans will ensure a better future for themselves if they retain the essentially progressive spirit of the draft constitution as and when they meet to formally adopt it. While the draft enshrines Islam as the state religion, it does not prescribe the Shariah as the sole or predominant source of law. Further balance is provided by the declaration in the preamble that government will be based on the democratic will of the people. The draft guarantees equality of treatment to all ethnic groups, women and religious minorities. A particularly noteworthy feature of the draft is its promise that Afghan women will not suffer oppression as they did under the Taliban. The draft guarantees their right to education and to participate in the development of their country. An independent judiciary, a human rights commission and a free press as envisaged in the constitutional scheme can ensure that these rights are protected.

The formal adoption of the constitution will be just the first step on a long and hard road. That the Afghans have hardly any experience in the participative processes of a democracy is only a part of the problem. They cannot govern themselves so long as a multi-national coalition led by the United States has a significant military presence in the country and the capacity to influence the decisions of the central government. Traces of the pernicious influence exercised by the coalition are discernible in those provisions in the draft that extend protection to foreign investments. However, the Afghans have displayed a sturdy independence throughout their history. It is likely that they will shrug off foreign intervention in their affairs as and when they begin to run a democratic government.

Printer friendly page
Send this article to Friends by E-Mail

Opinion

News Update

Stories in this Section

Afghanistan's new constitution

Divergence in interest rates