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21 January 2004 Wednesday 28 Ziqa'ad 1424



Confusion over Karzai's powers

By Danish Karokhel


KABUL: With Afghanistan's new constitution approved, the big question remains of how Hamid Karzai will use the sweeping presidential powers he fought so hard to get.

Rivals of the interim president fear that he will use the time before presidential elections, scheduled for June, to tighten his own grip on power and ensure he remains in power.

Abdul Shakoor Waqef Hakimi, a delegate at the Loya Jirga and cultural director of the powerful Jamiat-i-Islami party, says there is widespread concern at the prospect of a virtual dictatorship.

"There was fear but unfortunately the voice of the solid majority was ignored on some issues," he said. During the Constitutional Loya Jirga, the Jamiat led a push for a parliamentary rather than a presidential system and sought the creation of an interim parliament until general elections are held.

It succeeded only in getting in a clause that "every effort" will be made for presidential and parliamentary elections - previously scheduled a year apart - to be held simultaneously. Until such time as there are parliamentary elections, President Karzai is answerable to no one in issuing decrees as well as appointments to many key posts.

He also has a hand in selecting all the members of the Independent Commission for the Supervision of the Implementation of the Constitution, which may well prove a powerful force in deciding the real effects of the constitution.

Abdul Kabir Ranjbar, head of Afghanistan Lawyers' Association and a Kabul delegate at the Loya Jirga, is also concerned about the potential for abuse of power by unelected officials during the transitional period.

"The team now in power does not believe in democracy," says Ranjbar. This comment is not directly aimed at Mr Karzai, although Mr Ranjbar says the interim president has assembled factional, tanzimi, people around himself and compromised too much.

He fears that those who will now be selected to implement the constitution will ensure that it remains solely on paper. However, Karzai's supporters deny that he will misuse his powers.

The leader of the Afghan Millat party, Dr Anwar-ul-Haq Ahadi, says he simply does not see any problem. "Karzai doesn't take personal advantage into account." Dr Ahadi, who also heads the country's Central Bank, adds that the international community would quickly put a stop to aid to Afghanistan if such was the case.

Professor Abdul Salam Azimi, a deputy head of the Constitution Commission, agrees: "Misuse of power is not an issue." Masooda Jalal who stood against Mr Karzai as a presidential candidate at the Emergency Loya Jirga - and who may put herself forward as a rival at this year's ballot - was also supportive in this case. She said that once a parliament is elected, any perceived abuses could be ironed out. "The parliament will review all decisions and any problems will be solved."

Of course the other big question is when such elections will be held. Election Commission member Ghotai Khaware says that simultaneous elections will be possible if the money and facilities are available.

The president's spokesperson, Jawed Ludin, says that they will be trying their best to ensure both elections take place in June but emphasized that elections are particularly complex.

But while such debates continue, the constitution has not actually yet come into force with arguments continuing over the exact wording. The Dari version currently says the president will "appoint" members of the commission to supervise the document's implementation while the Pashto version says "suggest".-Dawn/The IWPR News Service.

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