Global Policy Forum

By Carlotta Gall

A new draft constitution for Afghanistan was unveiled Monday and formally presented to the former king, Mohammad Zahir Shah, at a ceremony on the grounds of the presidential palace. The draft, drawn up over eight months by a 35-member constitutional commission, will be publicized nationwide before going to a 500-member grand assembly for a vote in December.

It represents an important milestone for Afghanistan two years after the fall of the Taliban and is one of the necessary steps toward rebuilding the country under the United Nations-sponsored Bonn Accords. It paves the way for presidential elections six months after the constitution is approved and formation of a two-house national assembly a year after that.

The draft calls for a strong executive with a president and a vice president elected for a five-year term. The president would appoint a cabinet and nine members of a supreme court, subject to approval by the assembly. The constitution also calls for an independent judiciary, a central bank and a human rights commission and includes measures to prevent corruption. It does not include a prime minister, which Afghanistan has previously had. The issue was intensely debated, but supporters of a strong presidency argued against a second power base.

The draft may be substantially altered at the traditional grand council, or loya jirga, scheduled for Dec. 10, but the lengthy drafting and behind-the-scenes alterations have probably ensured a consensus among the leadership elite, politicians and commission members said. "Today we witnessed a very significant step taken by the Afghan nation toward building a society ruled by law," a presidential spokesman, Jawed Ludin, said after the ceremony.

The former king said in a short speech, "I hope there are principles in the constitution of Afghanistan that will take our nation toward prosperity and happiness, based on Islamic principles and democracy." The monarchy will have no role in the leadership of the country under the new constitution, but it maintains the honorary lifetime title for the former king of "Father of the Nation," which was granted him last year.

As expected, the draft names the country the Islamic Republic of Afghanistan, says that Islam is the country's religion and says that no legislation can be introduced that is contrary to Islam or the values of the constitution. But there is no mention of Shariah, a legal code based on the Koran. Other religions would be free to perform their own rites.

The draft constitution was designed with the intention of making it a model for international standards of democracy and human rights, while reaffirming Afghanistan's cultural and religious traditions. Many articles seem to resonate with the agony of Afghanistan's recent history, particularly the terror of the Communist era and the lawlessness of the years when competing warlords fought for control. Torture and forced labor are prohibited; confessions made under duress are not permitted as evidence; political parties based on ethnicity, language or region are not permitted; freedom of speech is guaranteed; censorship and state monitoring of correspondence and communication are outlawed; and no one convicted of crimes against humanity can run for office.

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