Democratic principles have deep roots in Afghan traditions, politics, civil society and culture. In ancient times, political decision-making in Afghanistan was the function of Jirgas (gatherings) and Shuras (councils) and although the influence of Jirgas waned over the centuries, they never disappeared at the community level, even under the most authoritarian rulers.
In the 19th century, Afghanistan was a monarchy. The first reformist movement, led by Mawlawi Mohammad Sarwar, was committed to the development of a constitutional monarchy. This movement was suppressed, but a second movement, founded by Mahmood Tarzi was more successful. In 1919, when Amir Amanullah Khan was declared King of Afghanistan, he spoke about liberty, independence, prohibition of slavery, and equity within the nation.
In 1923, Amir Amanullah Khan supported Afghanistan’s first constitution which contained the principles of separation of powers, freedom of speech, and recognition of civil and political freedoms - all indicators of a democratic state. The second constitution of Afghanistan with its 110 articles respected the values of democracy and was approved by a Loya Jirga in 1931 during the reign of King Mohammad Nader Shah.
A third constitution was enforced and ratified in 1964 during the reign of King Mohammad Zahir Shah. The drafting committee for this constitution included scholars, and lawyers, as well as a French advisor. After the 1973 coup by Sardar Mohammad Dawood, the government changed the constitutional monarchy to a presidential system. This constitution was ratified in 1973. Article 29 of this constitution gave every citizen of Afghanistan the right to vote.
During most of the communist regime (1978 to 1987), Afghanistan did not have a constitution nor did it practice democratic values. When Dr. Najibullah assumed power, a Loya Jirga was convened and a new constitution was approved. The constitution was later amended in 1990.
From the time Dr. Najibullah’s regime ended in 1992, until the fall of the Taliban in 2001, rule of law did not exist in Afghanistan. In January 2004, a Loya Jirga of representatives from the entire country, with the support of the international community, approved Afghanistan’s most recent constitution.
A New Era
Reaching agreement on the articles of the 2004 constitution was a major accomplishment; however, Afghanistan’s effort to create a document of excellence is not over. It has become apparent that this constitution also has some shortcomings, including the failure of the drafters to anticipate a case where a Presidential election is postponed. In the event of a postponement, the constitution does not identify who is in charge of the country from the time the president’s term ends until the holding of the vote.
For election administrators, another apparent oversight of the constitution’s drafters was their failure to consider weather conditions when selecting election dates since elections held in May would most likely disenfranchise those citizens living in the mountainous parts of the country.
In spite of such shortcomings, Afghans will soon vote in a Presidential election for the second time since the end of a civil war. It will be the responsibility of the next national Loya Jirga to amend the weakness of this constitution and move Afghanistan along its democratic path.
