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Loya Jirga |
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Definition and Historical Perspective |
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Definition and Historical Perspective: It is a fact that for as long as history remembers, human societies in their long historical evolution have used councils and meetings to decide on issues that directly impacted their lives within their families, villages, tribes and regions. Even prehistoric man used councils in deciding how to deal with the wild that threatened his life or how to deal with natural calamities or even hostile neighboring tribes. But in Afghanistan’s history councils have played a greater role for a number of reasons that will be explained in this paper. Legend has it that when it was time to select a King for the newly urbanized Aryan tribes, some five thousand years ago, a great council of herdsmen, horsemen, farmers and craftsmen and women was held in the open air. It was during this council that an eagle appeared from the heavens and put a crown on the head of Yama the first King in the first city the Aryans had built south of the River Oxus. History has also recorded another great Afghan Loya Jirga convened by Emperor Kanishka a little less than two thousand years ago. He had invited some 500 participants mainly spiritual leaders to decide on measures for reformation of Buddhist religion. Similarly in the history of other Asian nations great councils have been recorded. More recently in the 13th century a great warrior appeared in the wide pasturelands of Mongolia. The leader of a bunch of illiterate herdsmen, he was able not only to unite the scattered tribes of Mongolia, but also to conquer vast empires in Asia and Europe. He was Genghis Khan. One of the reasons for his rise as a statesman and a great warrior and conqueror is attributed to a Grand Council (similar to a Loya Jirga) he convened with the participation of all the leaders of his tribe. His Council was known as Qurlatai. The Qurlatai decided on a constitution that was called Yasa. Yasa proved to be the main guide in the conquests by Genghis Khan and his descendents. Dr. Tabibi has referred to some of the articles of Yasa, in his book Afghan Prides. Here are samples of some articles of Yasa: It is herewith ordered that everybody must believe in the existence of
only one Almighty God as the Creator of Heavens and Earth and the giver
of death and life, wealth and poverty. (This resembles the beliefs of
monotheists.) The above is just an example of how a strong ruler like Genghis has tried to share the responsibility of running the affairs of his tribes with an assembly of leaders and elders. It also shows that not always have the decisions of the councils been just, civil or practical or eternal. They have reflected however, the wishes of the leader, the ruler or the strongman of the tribe. We will return to this point and elaborate on the issue of the uses of Loya Jirgas for the purposes of their conveners. But in Afghan history, there have been other Loya Jirgas. Farid Maiwandi has listed sixteen of them in his analytical paper on Loya Jirga1 . The list gives information on each of the sixteen Loya Jirgas that were held from the time of Kanishka the Great to President Mohammad Daoud and his Loya Jirga of 1976.
Councils and Jirgas in Afghan and Islamic
Societies: But the Afghan tradition from the pre-Islamic times contained the provision for councils. This was especially so because of the tribal nature of the Afghan society. The economic base of the population, mainly agriculture and livestock breeding, together with the need for migratory herdsmen who had to travel for pasture with the seasons, and lack of efficient communication systems, all contributed to a dire need for consultation in the forms of intra and intertribal gatherings. All Afghan tribes, including the Pashtoons, Tajiks, Uzbeks, the Hazaras, the Nooris, the Turkemens, the Baloochis and all other minor ethnic groups, have traditionally had a mechanism of consultation in the form of local, regional and national assemblies. When these meetings were held within the tribes, they decided issues such as water rights, the rights of individuals within families and or mediating peace between feuding clans, face saving in cases that involved violation of individual or family honors, settling other feuds such as vengeances or settling sanguine issues in cases of murders, marriages, divorces etc. In its intertribal form, the councils reached agreements on water rights, land borders, right to pastures, trade, tribal feuds, vengeances etc. But when it came to issues of national interest, the Afghan rulers took the initiative and convened the Jirgas in order to get the nation involved in the affairs of the country. In Afghan history, there are but a few examples where the tribal chieftains or respected tribal leaders, instead of a ruler, have called Loya Jirgas. One of these was the Jirga held in 1747 in the shrine of Sher Surkh in Kandahar. Tribal chiefs, to decide on a ruler for an independent Afghanistan, called for the Jirga. The Jirga had a difficult time reaching an agreement when on the last day they decided on the mediation of a religious figure who was not a tribal leader and not even from Kandahar. He was Saber Shah Kabuli the son of a famous mystic Laikhwar from Kabul. He chose Ahmad Shah Durrani to become the King. 3 Thus, the Afghans traditionally used Loya Jirga as a tool to involve the people without having to heed for the need for huge preparations for elections such as voter registration, establishing of polling centers, assigning of judges to ensure just and correct application of voting procedures and counting of votes either manually or by machines. For the Loya Jirgas does not require voter pamphlets or information packages either. While preparations for elections, as is evident, require higher levels of education and financial capabilities that have not been readily available in Afghan society, poverty alone cannot be the only reason for the growth of this institution in the fabric of the social life of the afghans. A reminder of the importance the Aryans placed on councils is seen today in the world’s largest democratic country namely India. The Aryans, who, after having increased in number, migrated from northern Afghanistan west to Iran and south to India, took with them some of their social practices. In India today in each village they have a traditional council of five people. This is called the Panchayat (meaning the five) system. The Panchayat system ensures two-way communication with administrative centers even with the villages located farthest from townships. The Panchayat coordinates both vertical and horizontal health and educational programs and plays a very important role in politics. If you visit the remotest village in India like those located in the middle of the jungles of Karnataka or the fishing villages of Andra Pradesh, the first thing you observe is the huge billboards of different political parties. This shows that the Panchayat system has played a great role in the political awakening of rural India. Yet the Panchayat system was taken to India by the Aryan tribes that moved in from the northwest.
The Need for and Objectives of Convening
a Loya Jirga: In Afghan history, Loya Jirgas have been called to decide on great and sometimes grave national issues. Usually the rulers have convened the Jirgas. Also at times, tribal chieftains collectively have decided for the convening of the Loya Jirga. Because the role of the convener is extremely important in these Jirgas, let us have a deeper look at some of the reasons that have prompted a ruler to convene a Loya Jirga. For the most part, the following are some of the major reasons: Matters related to declaration of war or adoption of treaties of peace.
This is notwithstanding the facts that although Loya Jirgas are free institutions and participants are expected to express themselves freely, yet some of them in practice serve as the mouthpiece of the convener. This is especially so because in some Jirgas the convener appoints a number of participants giving them equal status as the elected members.. Mir Ghulam Mohammad Ghobar, the famed Afghan historian refers to a Jirga convened by Nadir Shah (the father of Zahir Shah) in September 1930. 4 Since his description reveals some of the intricacies of the process of the Loya Jirga, a translation of the topic from the same book is presented herewith. However, the reader is encouraged to read this with caution and awareness of the fact that Ghobar considered Nadir Shah and his family as his enemies. He writes: “In order to cover the real face of his regime with an artificial mask, he based his policy on fraud and from the beginning he declared a policy based on religion, the Sharia as well as the development of industries, agriculture, commerce etc. Later in September 1930 he convened a Loya Jirga of 301 recommended representatives of Afghanistan’s provinces and added 209 state officials and military officers in it. He also accepted 18 foreign diplomatic envoys as listeners and observers of the Jirga. The Majority of Jirga members consisted of spirituals and feudal land owners as well as appointed government officials, all in the service of the state; the Jirga was steered in the name of religion, by a number of Mullahs in the employ of the government so that whatever was dictated to them by the King and his family would get ratified by the Council. Before the opening of the Jirga, the King kept the representatives busy and impressed by inviting them to official banquets. Then he presented them each with a cloak and a turban and officially opened the Jirga. The objectives of this Jirga were twofold: First, to nullify the progressive decisions of the elected Jirga of 1928 at Paghman that had acquired legality. This was done to abolish official titles and formal wear for government officials, determination of the worth of people before entering government service, giving account of their personal expenditures, the law of employment, renewal of the authority of Justices and County Administrators, establishment of general inspection department, determination of punishment based on previously written laws and determination of cash penalties, establishment of modern civil courts, freedom of the press and criticism, abolishing of marriage of underage girls and determination of the marriage age, freedom of abolishment of veil for women, requirement of diplomas for mullahs, changing of the insignia of the national flag, establishment of the National Assembly consisting of 150 literate representatives and the like. Secondly, it was to demonstrate the decisions of the Jirga as those of the nation to King Amanullah. Therefore, on the one hand the legal resolutions of the Paghman Jirga were nullified while on the other resolution No. 5 was passed against King Amanullah who had asked for his personal property to be returned to him. The resolution adopted by the Jirga in 1930, called King Amanullah traitor to the nation and a thief of Afghanistan’s property. The resolution asked for the return of the wealth King Amanullah had taken with him. In order to recover this wealth the Jirga named Nadir Shah as its representative.”<![endif]> The above description of a Jirga convened by a new king touches on important aspects of the election and selection by appointment of representatives and the possibility of manipulating of the outcome of the deliberations by influencing the membership, the agenda and the method the Jirga is convened. It is also a telltale description of the many progressive social and political reforms that were introduced during the 1928 Loya Jirga by King Amanullah and the nullification of the same by the proceeding Administration of King Nadir Shah. It also reveals the social status of the country at the time. Membership and Venues: The last Constitutional institutionalization of the Loya Jirga occurred during the reign of the communist puppet regime in Afghanistan. As the previous constitution of Afghanistan was abolished to pave the way for establishing of a communist system in the country in 1978, a new Constitution was introduced. The Revolutionary Council, which in communist system has the highest and dictatorial power, ratified it. Apparently, to appease the nation during its difficult war against the Soviet occupation, a newer version of this Constitution was presented to a Loya Jirga convened by the communists in 1987. It was later amended in 1990. It is in this Constitution that a Chapter called Loya Jirga provides a written description for the Jirga.5 The description reads: “ Loya Jirga: This is the highest manifestation of the will of the people of Afghanistan. It is composed of: the President and Vice-Presidents, members of the Meli Shura (National Assembly), the General Prosecutor, the Council of Ministers, the Attorney-General, his deputies and members of the Attorney-General’s Office, the chairman of the Constitution Council, the heads of the provincial council, representatives from each province, according to the number of their representatives in the Wolasi Jirga (House of Representatives), elected by the people by a general secret ballot, and a minimum of 50 people, from among prominent political, scientific, social and religious figures, appointed by the president. The Loya Jirga is empowered: to approve and amend the constitution; to elect the President and to accept the resignation of President; to consent to the declaration of war and armistice; and to adopt decisions on major questions regarding the destiny of the country. The Loya Jirga shall be summoned, opened and chaired by the President. Sessions of the Loya Jirga require a minimum attendance of two third of the members. Decisions shall be adopted by a majority vote. In the event of the dissolution of the Wolasi Jirga (House of Representatives), its members shall retain their membership to the Loya Jirga until a new Wolasi Jirga is elected. Elections to the Loya Jirga shall be regulated by law and the procedure laid down by the Loya Jirga itself.” Prior to this, the number of participants of the Loya Jirgas was not determined. That is why different Loya Jirgas had different number of participants. However, an effort is usually made to ensure representation both on the basis of geography and ethnicity. And because elected representatives do not usually boast higher levels of education, the selected members usually provide a voice for the Jirga. No special requirements, other than the relative trust of the constituency, are listed for becoming a Loya Jirga member. However, it is understood that a Loya Jirga member must have proven loyalty to the country and to its religious beliefs. The venue of the Loya Jirga has usually been the center of power. Kandahar, where the contemporary state of Afghanistan took shape, Kabul, the long-time capital, Paghman a Kabuli summer resort town up in the northern hills and Jalal Abad in the east where there is a greater concentration of population and tribal influence, have all been used as venues of Loya Jirgas in the past two centuries. Never has it occurred that a Loya Jirga had to be convened outside the political borders of the country. Loya Jirga and its Expected Role in the
Solution of the Current Afghan Conflict: The above, however, lends itself to uses and abuses by a variety of people and movements. Contemporary movements for the convening of the Loya Jirga began more than a decade ago, when the former king of Afghanistan who lives in exile in Italy was urged to take some action for the sake of a nation he ruled for over forty years. This led to the king’s proposal for the convening of an emergency Loya Jirga to find a solution to the problem of Afghanistan. This plan became known as the three-point proposal that called for a cessation of war, creation of an interim government and holding of elections. This movement is also known as the Rome initiative or process because Mohammad Zahir Shah, the former king of Afghanistan has lived there ever since his cousin Mohammad Daoud deposed him in 1973. In the course of a few years, a renegade member of the Islamic Party of Gulbuddin Hikmatyar, namely Homayoun Jarir, who is his son-in-law, initiated another Loya Jirga movement. This movement is known as the Cyprus initiative or process because the preliminary meeting regarding this movement began and continued in the Eastern Mediterranean country of Cyprus. A number of other Afghans living in neighboring Pakistan, too, decided to push for the convening of the Loya Jirga as the idea is very appealing and matches the current needs of the Afghan nation. Logically, these movements each claiming its desire for honoring the will of the nation should have united in a single platform. However, this has not happened. Minimum contact has occurred among the three movements that seem to have chosen the same mechanism for the solution of the Afghan problem. It will be useful if a brief glance is cast on the reasons for disunity among them. The Rome initiative activists mostly consisting of an educated group with most of its members living in the West consider themselves and their methods more sophisticated to submit to a discussion of politics on another group’s turf. This happens to be especially so regarding the Cyprus movement that is accused, without any proof, by certain circles of serving Iranian interests and of trying to find a new entrance into Afghan politics by the leader of the Islamic Party, Hikmatyar. A rift between Hikmatyar and his son-in-law has been found difficult to believe by many observers. And the fact that Hikmatyar has spoken against Cyprus initiative has not been convincing either. On the other hand, activists of the Cyprus initiative consider themselves closer to the people and realities on the ground. They claim that most of the people involved in the Rome process belong to the king’s family or tribe or consider themselves nobility. The Cyprus group, however, boasts and does have some degree of political and armed existence inside Afghanistan. It says it is more hopeful in getting the warring sides agree to the Loya Jirga as opposed to the failed efforts by the Rome initiative for getting Taleban’s agreement to the process. But it, too, has failed to score any significant success in its work so far. As to why the two movements do not join hands there has been little explanation. However, some members of Cyprus initiative do not believe that the person of the former king would facilitate the process of peace, as he has been inactive and away from the scene for so long. On the other hand, the Rome initiative boasts of international support for its plan and bases its public support on a number of surveys where people have been asked whether the former king or the present rulers were their choice. Obviously, because the Taleban and their opponents are proven perpetrators of war, they do not carry major support among the Afghans. A case in point is a secret survey the results of which were revealed by the US State Department recently. The survey, which was conducted by a group that has not been named, is based on contacting more than four thousand people in 27 provinces of Afghanistan. It says more than half of the respondents favored Zahir Shah, while only 11 percent favored Mullah Omar and a bleak 1 percent sided with Ahmad Shah Masoud. The third group in support of Loya Jirga, as mentioned earlier, popped up because of the long periods of inactivity by both Rome and Cyprus initiative plan implementation. This group wants action. But by itself the group is not organized, nor has it been able to take effective steps probably because of lack of sufficient funds or sponsorship by international or United Nations groups. It has only voiced its concern a few times through statements published in Pakistan. Perhaps presently more viable of the three movements is the Rome initiative and therefore it requires a deeper scrutiny.
The Rome Initiative: This alliance that has given rise to what is known as the Rome Initiative proposes a discussion of the following by an emergency Loya Jirga:
The King’s circle, with Professor Seerat and even the government of Italy, was able to convene a number of preliminary small, medium size and large gatherings to discuss and obtain support for the king’s three-point proposal. As the participants were chosen and invited directly by the king, or in his name, they, as was expected of them, readily gave their support to the King’s proposition. But the process has been very slow. It has also included contacts with the warring factions in Afghanistan, its neighbors, some countries in the West and the United Nations. Inside the country, the Northern Alliance consisting of Burhanuddin Rabbani and his Defense Minister Ahmad Shah Masoud finding themselves in a rather weak situation have readily supported the convening of the Loya Jirga because of the fact that it will guarantee them their political existence in Afghan arena. Taleban have categorically rejected the idea stating that Afghanistan does not need a Loya Jirga for determination of either its leader or type of government as Taleban provide them both and that neither is negotiable. In the West, especially in the United States, the idea of referring to the will of the nation has been very appealing. The US administrations of Clinton and Bush both seemed and seem to be amenable to the acceptance of the process as a solution to the Afghan issue. The US Congress has, too, found Loya Jirga of value. Resolutions passed by the United States Congress (the House and the Senate) confirm this principle. A Concurrent Resolution Relating to the reestablishment of representative government in Afghanistan is attached as Annex I to this paper as proof: The Concurrent Resolution serves two purposes. On the one hand, it expresses the concern of the United States over issues such as terrorism which is tied to the case of Osama the son of Laden, drug production and trafficking, that has already been curbed to a great extent, thanks to Mullah Omar’s decree on banning opium cultivation in Afghanistan, and human and especially women’s rights, that still need to be tackled. On the other hand, it extends support not only to the former king’s initiative, but all political endeavors for establishment of peace and a representative government in Afghanistan, leaving the options open to other tracks. This could include efforts such as the Cyprus process. In any case, the resolution was one of the first indications of the US interest in the Rome Process. It is particularly important in that it names the former King and refers to his forty years of peaceful rule in Afghanistan as well as his degree of popularity. In other words the resolution could have served as a shot in the arm for strengthening the movement. Also, Zalmay Khalilzad, who is a special advisor to President George Bush at the White House and a deputy secretary of state, himself, prior to his current appointment visited Rome and participated in a preliminary meeting for deciding on the process. In late June, 1999, Khalilzad granted an interview to Azadi Afghan Radio. Answering a question about the session of the 16-member Consultative Body and the Loya Jirga’s working group, Khalilzad said: “This group’s role is to give pragmatic proposals for the implementation of the former King’s general plan which calls for the convening of an emergency Loya Jirga and the establishment of a transitional government for the purpose of ending the war in Afghanistan and uniting its people.” In the same interview Khalilzad alluded to the severe criticism of the issue of member selection for the Consultative group. He also pointed to divisiveness that existed on the issue as one of the weaknesses. Responding to a question about the possibility of support for the process by the international community, Khalilzad had this to say: “ As far as the great powers, such as the US, European nations, China, Japan and others are concerned, most are optimistic about this process.” He further said: “The United Nations and specially Mr. Brahimi’s mission (Lakhdar Brahimi was the special envoy of the UN Secretary General) is also waiting to see what will come about, even though he recently had some positive remarks at a conference in Stockholm a few days ago.” Dr. Khalilzad personally seems to favor the drive with minor reservations. Yet because of his high position within the US administration and his leaning toward the choice of a ‘Loya Jirga’ as a solution, he, too, can be considered a strong support to the Rome process. Pakistan a strong supporter of Taleban in Afghanistan has been very cautious in expressing any opinion on the issue of the Loya Jirga. It would seem that Pakistan feels comfortable with Taleban as far as its strategic objectives are concerned. In a Taleban administration, Pakistan sees that it can have an upper hand in deciding on trade issues with Central Asia through Afghanistan while Taleban as an ally will be an asset in its long standing dispute with India. On the other hand, a new administration in Afghanistan, especially one that would be directed by the former King, during whose reign the issue of Pashtoonistan and the rights of the Pashtoons living in Pakistan gave that country a lot of headache, does not seem very attractive. Therefore it hesitates to voice support for the Loya Jirga process. Iran, on the other hand, would favor the Cyprus process for it is being led by the son-in-law of Gulbuddin Hikmatyar who is currently living in Iran and understands Iranian politics better. From the time of the major step in Rome on June 25, 1999, when the preliminary meeting for a discussion of the Loya Jirga was held, to date, little has been shared with the public. Hamid Gailani, Hedayat Amin Arsala, Hamed Karzai, Professor Rasul Amin, Hakim Aryubi, Dr. MohammadYousuf Nooristani, General Rahim Wardak, Sultan Mahmoud Ghazi, Dr. Zalmay, Dr. Ashraf Ghani Ahmadzai, Fatima Gailani, Anwarulhuq Ahadi, and Abdul Satar Seerat attended the June 1999 meeting among others.6 The Rome process after a number of meetings in Rome and Bonn seems to have met the universal Afghan problem of divisiveness. For some time, a division was rumored to have occurred between Abdul Wali, the King’s son-in-law and Mustafa Zahir, the King’s grandson. This was followed by disagreements between Abdul Wali and what is now named the Bonn process led by Abdul Sattar Seerat. The person of the King has, as always been silent on these issues and it would seem that he might have the problem of indecisiveness. Perhaps this also is the reason why neither he nor his group has been able to exploit the favorable stance of the US and the United Nations to the full in realization of the Loya Jirga. Other problems so far consist of participants who have attended the meeting arranged by the group on an invitation only basis. Many criticize the participation of religious figures such as Peer Gailani and politically oriented groups such as the leader of the Afghan Milat party in the Loya Jirga related meetings and conferences. Others were unhappy with the selection of participants from a group that openly supports the Shura-e-Nizar of Ahmad Shah Masoud. Many criticize the choice of Rome (meaning the King) for participants to these meetings. Another problem with this movement is lack of direct contact by the person of the former King with the US authorities. Grounds were paved a few times for the King to visit Washington on the invitation of the US government and to hold meetings with administration officials and members of Congress. The former King has hesitated to do this. The only reason that comes to mind may be that he does not want to be branded as a US puppet. There are some who explain the King’s hesitancy to travel to the US saying that he does not want to face groups of Afghans residing in the US, who may confront him with a lot of questions. Nevertheless, there is a need to convince the public that meeting with officials of the United States is a necessity in order to get the ball rolling for peace and security to return to Afghanistan. 7 Also, the teams that were established for talks with different political entities inside and outside the country seem to have lacked political charisma and notwithstanding their initial optimism were not able to score great successes, especially with Taleban. The Rome Process also lacks a mechanism for publicizing its objectives. It is so either because the former King aspires to an old policy of his uncle Mohammad Hashim, a former prime minister of Afghanistan and a strongman in the governments of Nadir Shah and Zahir Shah, that politics must involve great level of secrecy and that the public should have no access to the plans of politicians. The public should be trained so they believe that whatever policy is adopted by the ruler is the best for the nation. Another reason could be that the process really lacks people to organize its media activity. It is apparent that whatever the reason, lack of information from the initiative alienates the public and breeds suspicion. It also may be that the personalities involved do not appreciate this principle. In any case, the people, some of whom have great expectations from this movement live in the dark so much so that a few years ago at an Afghan Radio Interview, the person in charge of the former King’s office was asked whether Zahir Shah was alive? The person of the King who should be the main driving force for attracting support to his plan seems to have left the task to his companions. Although he never was a great speaker, he could come out and talk to Afghans of all walks of life directly or through the media such as video and audio presentations on his aspirations for bringing of peace to Afghanistan. He has not done that. Some observers cannot ignore the fact that although the former King has indicated that he is not after reestablishment of monarchy, he will still be considered as the only leader by the Jirga, which he has worked to convene. In other words, those Afghans who observed the proceedings of Mohammad Daoud Khan’s Loya Jirga still remember that first he refused to let his name be considered as the president of the Republic, but almost without delay suggested he would accept the offer on only one condition. Neither then nor now an effective leader could be given a chance to run for the leadership of the country. Therefore, the head of the transitional government would be instrumental in choosing of a leader for the country and it is feared that Abdul Wali is maneuvering to be that person. Nevertheless, the option of Loya Jirga seems to be a viable option and presently one of the major problems that it faces is the opposition to it by the Taleban who control more than 90 percent of Afghanistan. On the micro level, the process is yet to achieve some of its set goals. On February 5, this year, Omaid Weekly carried an interview with Dr. Sayed M. Raheen, member of the Central Executive Committee of the Loya Jirga Initiative of former Afghan King. He was talking to the weekly after his recent visit to Rome and participation in the meeting of the Loya Jirga Decision Making Committee. A few excerpts from this interview are presented here to give the reader an indication of the plans and whether these plans have been implemented on the basis of the set timeline. He said: “ The meeting of the Decision Making Committee lasted for two intensive days. The meeting involved deliberations on the findings of the various Loya Jirga delegations that traveled inside Afghanistan and visited other countries for the purpose of presenting the goals and objectives of this initiative. Afterwards, discussions focused on the date and location of the Loya Jirga. It was determined that, God willing, the Loya Jirga of the people of Afghanistan will be convened within the next six months inside Afghanistan.” Raheen further said: “Members of the Loya Jirga will include both elected and appointed individuals. Due to the conflict, members from inside Afghanistan will be selected in consultation with provincial and regional elders and leaders. A list of such individuals will be drafted and provided to the Overseeing Committee on the Election and Selection of Members of the Loya Jirga, which was newly formed during this last meeting of the Decision Making Committee. Working with those groups who have lent support to the Loya Jirga, the Overseeing Committee, which will include individuals from these groups, will select Loya Jirga members from the submitted list. With regard to expatriate Afghans, who number over 5 million and the majority of whom reside in Iran and Pakistan, members from among them will be elected vis-à-vis a completely democratic mechanism, that is, through the ballot box. Members will be voted on via supervised elections, and of course, UN election monitors will be essentia Were the Jirga to convene in six months time as claimed by Raheen, by now, end of the fifth month, its venue and members would have been decided upon and preparations would have been undertaken. As it is, Raheen, Rome, Bonn and many others related to the movement are silent. If there is any activity in this regard, it has not been publicized. It is a kind of a situation that serves alienation of the drive from the will wishers of Afghanistan whether they are Afghans or friends. The above serves as an example of problems that are experienced regarding one of the viable and rather easy mechanisms for finding of a solution to the protracted war in Afghanistan and suffering of its people. But this should in no way lead to abandoning of the idea. The idea still can become workable. Notwithstanding the delays in the process, some work, good or bad has been done. There are lessons to be learned. There are errors to be corrected. A new plan of action could be devised. The process could be reenergized. More national and international input could be attracted. The Afghan youth could be involved and trusted with working out of the details on the basis of realities of time and available new technologies. Scientific conflict resolution techniques could be employed by the youth who have learned the intricacies of these methods in institutions of higher education. Old and failed methods could be abandoned and modern ways could be adopted. This option could be freed from the threat of obstacles in the form of selfish leaders or personal position seekers and elements that work for division rather than unity. All of that will require a new beginning. Annex I “The following resolution was sponsored in the Senate by Sam Brownback (R-KS) and cosponsored by Robert Torricelli (D-NJ). The same bill was sponsored in the House by Ron Campbell (R-CA) and cosponsored by Dana Rohrabacher, Doug Beruerter 9chairman of the Asia and Pacific IR subcommittee), Edward Royce, John Porter, Joseph Pitts, and Tom Lantos. It is a “Sense of Congress” resolution, and it was passed on October 24th with a vote of 381 to zero. CONCURRENT RESOLUTION Relating to the reestablishment of representative government in Afghanistan. Whereas Afghanistan has existed as a sovereign nation since 1747, maintaining its independence, neutrality, and dignity; Whereas Afghanistan had maintained its own decision making through a traditional process called a ‘Loya Jirga’, or Grand Assembly, by selecting, respecting, and following the decisions of their leaders; Whereas recently warlords, factional leaders, and foreign regimes have laid siege to Afghanistan, leaving the landscape littered with landmines, making the most fundamental activities dangerous: Whereas in recent years, and especially since the Taliban came to power in 1996, Afghanistan has become a haven for terrorist activity, has produced most of the world’s opium supply, and has become infamous for its human rights abuses, particularly abuses against women and children: Whereas the former King of Afghanistan, Mohammad Zahir Shah, ruled the country peacefully for 40 years, and after years in exile retains his popularity and support; and Whereas former King Mohammad Shah plans to convene an emergency ‘Loya Jirga’ to reestablish a stable government, with no desire to regain power or reestablish monarchy; and the Department of State supports such ongoing efforts: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That the United States— 1. supports the democratic efforts that respect the human and political rights of all ethnic and religious groups in Afghanistan, including the effort to establish a ‘Loya Jirga’ process that would lead to the people of Afghanistan determining their own destiny through a democratic process and free and fair elections; and 2. supports the continuing efforts of former King Mohammad Zahir Shah and other responsible parties searching for peace to convene a Loya Jirga—<![endif]> A. to reestablish a representative government in Afghanistan that respects the rights of all ethnic groups, including the right to govern their own affairs through inclusive institution building and a democratic process B. to bring freedom, peace, and stability to Afghanistan; and C. to end terrorist activities, illicit drug production, and human rights abuses in Afghanistan.”
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