The Afghan Constitution Commission (or Afghan Constitutional Commission) was established October 5, 2002 as required by the Bonn Agreement, which stipulated that a new Afghan constitution be adopted by a loya jirga. The loya jirga was required to convene within eighteen months of the establishment of Afghan Transitional Administration, which was established by the Emergency Loya Jirga in June 2002. After some delay, the proposed Afghan Constitution was presented to President Hamid Karzai on November 3, 2003. A loya jirga began December 14, 2003 (four days after schedule) in Kabul and was endorsed January 4, 2004.
The initial Commission was made up of nine members and started work on October 5, 2002. After its work was completed (although no draft was released) the initial Commission was replaced on May 7, 2003, by a 35-member Reviewing Commission, referred to as the Constitution Commission. The 35 members were all appointed by president Karzai. Seven of the members were women.
The commission set up eight regional offices in Jalalabad, Herat, Kunduz, Kabul, Gardez, Kandahar, Mazar and Bamyan as well as in the Pakistani cities of Peshawar and Quetta, and in the Iranian cities of Tehran and Mashhad.
The process was being monitored by the United Nations Assistance Mission in Afghanistan and was funded by the United Nations Development Programme.
Consultations with the Afghan public started June 10, 2003. Commission teams from Kabul and regional offices made trips through Afghanistan, Iran and Pakistan. Afghan refugees in the United States were also said to be consulted. The commission also distributed posters and leaflets, and a monthly newsletter. Radio and television announcements were also made.
The initial goal was for the commission to present the draft constitution by September 1, 2003, but in August commission members asked for a two-month delay to allow more time to gather reactions. On August 28 Ghulam Farooq Wardak announced that the loya jirga had been postponed until December 10. The commission wanted more time to consult with Afghans. Ghulam Farooq Wardak, the director of the commission's secretariat, said the delay would give Afghans more time to decide if they wanted a republic, a parliamentary system, or a return to a monarchy. Other issues, he said, included the degree of centralization in Kabul and the role of Islam. He said 100,000 questionnaires from all provinces of Afghanistan had been completed and sent to the commission.
The Commission presented its proposed constitution on November 3, 2003. The ceremony was attended by president Karzai, former king Mohammad Zaher Shah, and United Nations special envoy Lakhdar Brahimi.
The draft was distributed throughout the country to Provincial Governors and Wuluswals for distribution to political leaders. It was also be widely distributed via the Regional Offices of Secretariat of the Constitutional Commission to ELJ district representatives, to the media, including magazines Kellid and Morsal.
Bacha Khan Zadran, a Pashtun warlord in Paktia province, criticized the proposed Constitution for abolishing the hereditary monarchy.
Mahbuba Hoquqmal, the Afghan Minister of Women's Affairs, said the constitution does not grant protection to women's property rights, and does not prevent women being forced to marry without their consent, and does not offer better guarantees of equal treatment by Afghanistan's courts.
Members of Uzbeks, Turkmens and Baluch said that the Proposed Constitution alienated their cultures. For example, the draft states that Pashto and Dari would be the two official languages, and that the national anthem would be sung in Pashto.
Other issues raised by some loya jirga delegates included whether former king Mohammed Zahir Shah should maintain the title "father of the nation," whether Afghanistan should be a free market economy, and whether higher education should be free.
Mohammad Zahir Shah was the last King of Afghanistan, reigning from 8 November 1933 until he was deposed on 17 July 1973. Serving for 40 years, Zahir was the longest-serving ruler of Afghanistan since the foundation of the Durrani Empire in the 18th century. He expanded Afghanistan's diplomatic relations with many countries, including with both sides of the Cold War. In the 1950s, Zahir Shah began modernizing the country, culminating in the creation of a new constitution and a constitutional monarchy system. Demonstrating nonpartisanism, his long reign was marked by peace in the country which was lost afterwards with the onset of the Afghan conflict.
The 2004 Constitution of Afghanistan was the supreme law of the Islamic Republic of Afghanistan, which lasted from 2004 to 2021. It served as the legal framework between the Afghan government and the Afghan citizens. Although Afghanistan was made a state in 1747 by Ahmad Shah Durrani, the earliest Afghan constitutional movement began during the reign of Emir Abdur Rahman Khan in the 1890s followed by the drafting in 1922 of a constitution. The 1964 Constitution of Afghanistan transformed Afghanistan into a modern democracy.
A 502-delegate loya jirga convened in Kabul, Afghanistan, on December 14, 2003, to consider the proposed Afghan Constitution. Originally planned to last ten days, the assembly did not endorse the charter until January 4, 2004. As has been generally the case with these assemblies, the endorsement came by way of consensus rather than a vote. Afghanistan's last constitution was drafted for the Democratic Republic of Afghanistan in November 1987.
xDr. Massouda Jalal is the first woman in the history of Afghanistan who ran for the Office of the President of Afghanistan in 2002, and again in 2004. She holds the distinction of being the first woman to compete for presidency in Afghanistan, a highly conservative society where women's engagement in public life was considered improper, unacceptable, and previously banned. Dr. Jalal emerged as a leading voice of Afghan women in 2001 after her election as the Representative to the 2002 Loya Jirga. While serving her term, she became one of the frontrunners for the position of Interim President, opposite to ex-president Hamid Karzai.
Abdul Jabbar Naeemi is an Afghan diplomat and politician. He served as the governor of Laghman Province in Afghanistan, and before that was governor Khost province and Maidan Wardak province of Afghanistan. At one time he served as a representative from Kandahar Province to the Loya Jirga. In 2004 he was Hamid Karzai's election agent in Pakistan, where he campaigned for Karzai and worked on educating local Afghans about the democratic process.
A jirga is an assembly of leaders that makes decisions by consensus according to Pashtunwali, the Pashtun social code. It is conducted in order to settle disputes among the Pashtuns, but also by members of other ethnic groups who are influenced by them in present-day Afghanistan and Pakistan.
Though Afghanistan has had democratic elections throughout the 20th century, the electoral institutions have varied as changes in the political regime have disrupted political continuity. Elections were last held under the Islamic Republic of Afghanistan, which was deposed by the Taliban in August 2021. The Taliban dissolved the Elections Commission in December 2021. In May 2022, when asked if the Taliban would hold elections, First Deputy Leader Sirajuddin Haqqani said the question was "premature".
The Transitional Islamic State of Afghanistan (TISA), also known as the Afghan Transitional Authority, was the name of a temporary administration of Afghanistan put in place by the loya jirga of June 2002. It succeeded the original Islamic State of Afghanistan and preceded the Islamic Republic of Afghanistan (2004–2021).
Musa Hotak is an Afghan military leader and politician from Maidan Shar of Wardak Province. He and his brother Ghulan Mohammed Hotak played prominent roles in the resistance to the Soviet occupation. They were not original members of the Taliban, but joined it when it was gaining power during the civil war that followed the overthrow of the communist regime.
The Afghan Interim Administration (AIA), also known as the Afghan Interim Authority, was the first administration of Afghanistan after the fall of the Taliban regime and was the highest authority of the country from 22 December 2001 until 13 July 2002.
Mirwais Yasini میرویس یاسینی is the current First Deputy Speaker of the Lower House of the Afghan Parliament. Following the Communist coup in 1978, Mirwais Yasini worked actively to combat the Soviet invasion, and went on to oppose the Taliban from 1993 to 2001 as a social and political activist. After the fall of the Taliban regime in 2002, Yasini began his political career as the Director of Foreign Relations and Economic Evaluation for Afghanistan's Ministry of Finance, and as a prominent member of the Emergency Loya Jirga, which met in Kabul. Since that time he has held several high-level political posts, including such titles as the First Deputy Speaker of the Constitutional Loya Jirga and Director General of the Counter Narcotics Department.
Ghulam Farooq Wardak is a politician in Afghanistan, formerly serving as the Minister of Education. He was appointed to that position by Afghan President Hamid Karzai on October 11, 2008.
The Afghan President Hamid Karzai announced the holding of a consultative grand council called the Afghanistan's National Consultative Peace Jirga (NCPJ) or shortly Peace Jirga in his inauguration speech on 19 November 2009, after winning elections for a second term, to end the ongoing Taliban insurgency. At the International Afghanistan Conference in London on 28 January 2010, he announced that the government would hold the event in April or May 2010, intended to bring together tribal elders, officials and local power brokers from around the country, to discuss peace and the end of the insurgency. "Jirga" is a word in the Pashto language that means "large assembly" or "council". It is a traditional method in parts of Afghanistan and Pakistan of resolving disputes between tribes or discussing problems affecting whole communities.
An emergency loya jirga was held in Kabul, Afghanistan between 11 and 19 June 2002 to elect a transitional administration. The loya jirga was called for by the Bonn Agreement and Bush administration. The agreement was drawn up in December 2001 in Germany. Conducted under United Nations auspices, the talks at Bonn sought a solution to the problem of government in Afghanistan after the US ousted the Taliban government.
The First Karzai cabinet lead the administration of Afghanistan between 2004, the year Hamid Karzai won the first Afghan presidential election and 2009 when the second presidential election took place. In 2006 there was a major cabinet reshuffle. The first Karzai cabinet followed the Afghan Transitional Administration which was put in place by the 2002 loya jirga. Karzai announced the names of the cabinet on 23 December 2004. The cabinet was sworn in on 24 December 2002 and held its first cabinet meeting on 27 December. This cabinet consisted of 27 ministers, including two women.
Afghan leaders who met at the December 2001 Bonn Conference which picked Hamid Karzai to lead the Afghan Transitional Authority also agreed that a Constitutional Loya Jirga should be convened to draft a new constitution.
Muhammad Sarwar Danish is an Afghan academic and politician in exile who was the second vice president of Afghanistan, from 2014 to 2021. He was previously the acting minister of justice from 2004 to 2010 and acting minister of higher education from 2010 to 2014. When Daykundi province was carved out of Urozgan province in 2004, Danish became its first governor.
2003 in Afghanistan. A list of notable incidents in Afghanistan during 2003
Sayed Nasruddin Mohseni is a politician of Afghanistan. He is a leader of the Hizb e Wahadat e Islami—a party that serves members of Hazara ethnic group, who are from Islam's Sh'ia minority.
Constitutional Assembly elections were held in Afghanistan in 1964. The Assembly produced the 1964 constitution, which introduced women's suffrage.