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Published 08 Jan, 2004 12:00am

Ethnicity prevailed during Afghan Jirga deliberations

KABUL, Jan 7: Now that the Constitutional Loya Jirga in Afghanistan has ended, some delegates have been expressing frustration at the outcome. A number of them have complained that the final constitution was a result of compromise more than justice. But other delegates have expressed satisfaction at the final version.

A delegate representing the Kuchis, Hashmat Ghani Ahmadzai, contends that both appointed and elected representatives of the Loya Jirga do not approve of the final version of the constitution. He is concerned that ethnic compromises influenced the result.

"Amendments and changes which were placed in the draft constitution in the last days of the Loya Jirga were all based on regional, lingual, and ethnic compromises," said Ahmadzai.

A delegate from Jowzjan province, Engineer Ahmad, an Uzbek, said that in the last days of the Loya Jirga "we preferred compromise to justice. And we thus gave up some of our rights and privileges."

Several delegates said that government pressure during the Loya Jirga had a marked impact. A delegate from Kabul, Dr Muhaiddin Mehdi, complained that the " Loya Jirga started and ended with pressure from the government."

Gul Mohammad Luqmani from Nangarhar province said, "I am completely dissatisfied with the Loya Jirga, because all our demands remain unfulfilled. Democracy was not heeded. Delegates were looked down upon and insulted. And the term 'resistance', which we wanted removed from the preamble of the constitution, remains in place."

"Resistance" was a badge taken on by the Northern Alliance in their fight against the Taliban, and it is acknowledged in the preamble along with "historic struggles" and jihad.

One of the issues that upset Pushtun delegates was that Pushtu was not formally recognized as the national language. Naqibullah from Oruzgan province said: "It was agreed by the leadership that Pushto was accepted as the national language of the people of Afghanistan. We congratulated each other.But the following day, Sibghatullah Mujadidi, the chairman of the jirga, told us we should give up our demand."

But not all the delegates were dissatisfied with the outcome of the constitution. Some are hopeful that it will help the people of Afghanistan. A woman delegate from Mazar-i-Sharif, Nadera Burhan, said that in her opinion "the result couldn't have been better."

Haji Mohammad from Parwan province agrees. But he said his only comment was over the ambiguity of the issue of dual citizenship for ministers, which he considered had not been stipulated clearly in the constitution.

The constitution says that if a nominee for minister has dual citizenship, parliament can accept or reject him. A delegate representing Afghan refugees in Iran, Abdul Qayum Sanjari, is happy over the results of the jirga. In his opinion "most of the appointed delegates were lawyers who gave good advice to the other delegates."

An elected delegate from Kunduz province, Khan Sherin Jafari, is also happy. "Islam has been honoured within the articles of the constitution. Two women will be elected to the Wolesi Jirga (or lower house of parliament) from every province. This provision heeds women's rights. And we demanded free education within the constitution, which was accepted."

COST: Meanwhile, it is learnt that Afghanistan's new constitution took 15 months and cost $13 million to draft, review and approve by the Loya Jirga.

Ten countries and the United Nations contributed to these expenses. The Constitutional Loya Jirga itself cost $5.5 million, spent by UN Operations and the German aid agency GTZ, Wardak said. But that includes a complete reconstruction, to European standards, of the Polytechnic buildings where the assembly was held.

Broadcasting the proceedings and running the press center cost about $27,000 a day, according to Dr Faroq Wardak, head of the secretariat for the constitution commission.--Dawn/IWPR News Service.

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