Mike Collet-White quoting a report by the independent International Crisis Group on Afghanistan's constitution writes: "The transitional administration and the UN are now heading down a well-trodden path in Afghan history whereby a constitution is proclaimed but no one, let alone those in control of state power, has any incentive to respect it." The report asks for a postponement of the Afghan constitution. It says: "Public consultations on the constitution began this week and are due to last just under two months." It further emphasizes the need for education and writes: " Public education on what was at stake had been virtually ignored by the UN, and ordinary Afghans would be denied freedom of speech by local leaders widely criticized for being the source of insecurity in many parts of the country."

Sharing the pessimism Dr. Assem Akram in an article titled "People are Starving!-Give them a New Constitution" touches on the realities on the ground in Afghanistan and says: "The truth of the matter is that all concur to discredit this process and render it futile. As it stands now, apart from the wishful declamatory policy of Mr. Hamid Karzai and the forced optimism of some US administration officials- who are compelled to defend their course of action in Afghanistan, no matter what-, there are no functioning government, no credible military, no reliable police force, no security, no adequate housing for millions of Afghans that have returned to their homeland, no central authority, no parliament, nothing that would allow us, even from afar and with a good dose of optimistic myopia, to say that Afghanistan is out of the tunnel and that it has now the level of stability required to focus the public's attention on the elaboration of a new constitution." He further states: "The opacity surrounding the entire drafting process is a clear indication of the behind-the-scene ongoing haggling game." In his article that was published by the Ariana Media Publication, Dr. Akram further states: "There is no need to spend time, money and credibility in attempting to draft and promulgate a new constitution for a country that still lay in a state of chaos and anarchy."

On the background of this negative expectation from the process of constitution building in the country there are brighter reports on the methodology for public consultation on the issue, involvement of the international organizations and the United Nations system and financial input in trying to see that the exercise is a successful one. Based on a report by Agence France Presse, the first step in the process began when "Some 60 community leaders (last) Sunday took their first steps in learning how ordinary Afghans can help shape the new constitution, which will pave the way for presidential elections next year." The community leaders including seven women came from Kabul province's 14 districts. According to the report Afghan Civil forum, a consortium of non-governmental organizations, is holding a nationwide series of workshops to teach people about the constitution-making process. Agence France Presse further stated: Local leaders in Afghanistan's 31 other provinces will, over the next two weeks, attend workshops on different forms of government and constitution and take back what they have learned to their villages." Some 1,600 people are expected to have been trained by mid-June as a nationwide consultation is launched to gather views on the draft constitution, which will replace the current 1964 constitution.

Regarding concerns about intervention by authorities in the process of consultation the report said the UN and the Human Rights Commission had "observed with concern an increase in the number of threats, intimidations, physical aggressions and even arbitrary detention" against people who publicly expressed their opinion or who criticized officials, official institutions or individuals linked to powerful political groups. They called on the authorities to refrain from unlawful interference in the consultative process.

As to the need and a scholarly discussion of a new constitution for Afghanistan, Professor Barnett Rubin of New York University addressing the constitutional commission in Kabul raised many points and issues of utmost importance to the process and to the country as a whole. (For a review of the text of the address you may wish to visit www.institute-for-afghan-studies.org .) One of the many interesting points he raises in his speech pertain to whether the constitution should be the only document that a nation should uphold as its commitment to its country. He writes: "A constitution expresses a common commitment of the nation, but when people agree to abide by a national constitution, they do not, and should not, abandon all other loyalties. They remain loyal to some things larger than the nation, such as universal religion or common principles of humanity." He cautions: "Some extremists may misuse such values to subvert the nation, but a nation that abandons such principles falls victim to oppression and war." Professor Rubin also touches on the important aspect of relations among the different parts of the Afghan nation. These "have become a very sensitive and difficult subject," he stated in his speech. Drawing some conclusions from the Emergency Loya Jirga that led to the establishment of the interim and transitional governments in Afghanistan, he said the Jirga " showed that the people of Afghanistan consider themselves a nation, and today there is not a single separatist movement in this country." On the issue of social justice and the stand of many groups in Afghan society, Professor Rubin said, "decades of violence and of the destruction of national institutions have left tremendous mistrust. Every group feels they have been victims of injustice, and the sad fact is that they all are right." He then touches on issues of great importance in constitution making such as the form of government, the type of legislature and the role of Islam in democratic Islamic societies and gives examples of some Islamic and democratic countries where an effort has been made to chose a leader who is popular with all sectors and divisions of the country. He names Nigeria, Kenya, and Indonesia where a successful presidential candidate must not only win the national popular vote but also win a certain portion of votes in different provinces of the country.

But what is evident today is that the constitution making effort should be and remain a purely Afghan exercise. It is good to be aware of what goes on in the world and in Afghanistan. It is good to listen to scholars such as Professor Rubin and other people who have deep knowledge of the Afghan society. But it is absolutely essential that the Afghans themselves, independent of influences from outside must work out the constitution. The process that has been laid out for consulting the nation becomes important. For the nation to get involved, it does require information. As it is, after a quarter of a century of turmoil in the country and extremely high level of illiteracy public education is not an easy task. The current efforts of educating selected individuals from different communities for the task of educating the masses may raise questions of interference by the government. On the other hand, the short time given to this most important phase of constitution building has already given rise to criticism. Consulting the nation when there is no parliament, no elected representation of community leaderships and very limited use of instruments of mass media of communication, is indeed a very difficult task. It is also a unique undertaking in the history of Afghanistan and therefore too, should be given ample time and consideration by the transitional government. The role of foreign non-governmental organizations should be confined to material support of the process only and the United Nations must use as much as possible Afghans at all levels for the conduct of this exercise.

Another important issue that would follow this phase is the convening of a constitutional Loya Jirga. Presently the Jirga is expected to be held in October of this year. So far, there is no word about the number of delegates and their election methods for the purpose. Could it be that again the United Nations would embark on inviting people as delegates to the Loya Jirga instead of a fair and transparent process of election of representatives by the people and from among the people? No quotas should be considered for factions or parties at his juncture, as the constitution will be drawn for the nation and not for factions, warlords or politicians in charge. 6/15/03