Source: Loya Jirga.com
What is Loya Jirga?
LOYA JIRGA or "Grand Assembly" is the traditional
method Afghans have used throughout history to solve
their political crises.
It is the ONLY political process honored and accepted
by all the ethnic and religious groups of Afghanistan
as the legitimate method to select a representative
government that will be recognized and followed by all
Afghans.
The way to establish peace and stability in
Afghanistan will be achieved through new, honorable
leadership that is selected by the will of the Afghan
people through a Loya Jirga.
History of Loya Jirga
The word "Jirga," meaning a circle of people, is
used in Afghanistan for various kinds of consultative
gatherings. Tribal and local jirgas are held often to
settle everyday disputes among individuals or tribes.
A Loya Jirga, or a Grand Assembly refers to a national
gathering in which matters of national scale and
importance are discussed and settled. This traditional
method stems from both pre-Islamic local practices and
the Islamic/Arab concept of "shura," or consultation.
Modern history of Afghanistan has recorded several
important Jirgas. For example, in 1709, when the
western and southwestern parts of what is today
Afghanistan were under the rule of the Persian Safavid
dynasty (1501-1722), Mir Ways Hotaki (r. 1709-1715),
one of the chiefs of the Ghilzai tribe of Qandahar
called on the people of Qandahar, Farah and Sistan to
secretly gather and decide on rebelling against the
tyrannical foreign governor of the region. As a result
of the decisions made by representatives in this
gathering in which Mir Ways was selected as their head
and plans to gain independence were drawn in detail,
the occupation forces and their governor were wiped
out and independence was achieved.
Shortly after the Qandahar Jirga, the people of Heart,
headed by Abdullah Khan, chief of the Abdali tribe,
revolted against the Persian governor of that province
and after defeating the occupation army, declared
Heartís independence in 1717. Abdullah Khan, who was
chosen by elders of all Herati tribes as the new
ruler, immediately convened a Jirga in which important
state affairs, including the creation of a permanent
army, were discussed. Two years later, another Jirga
was convened in Heart in the year 1719. This Jirga
chose Zaman Khan Abdali as the new ruler.
The independent rules of the Hotakis in Qandahar and
the Abdalis in Heart folded as a new regional
conqueror, Nadir Shah Afshar (r. 1730-1747), began his
march on the territory that constitutes todayís
Afghanistan. After the death of Nadir Afshar, Ahmad
Khan Abdali, son of Zaman Khan of Heart, called for a
Jirga to decide on the questions of leadership and
independence of the region. The Jirga was convened in
1747, at the shrine of Shayr-i Surkh, near Qandahar.
The majority of the representatives from Qandahar and
the surrounding areas voted for Ahmad Khan as their
new ruler. After this vote of confidence, he declared
himself Ahmad Shah Durrani and began laying the corner
stone of what soon became the Durrani Afghan empire.
Similar Jirgas were held on several occasions
throughout the 1800ís deciding on matters such as
declaring war on foreign invaders and acceptance of a
new ruler. However, the Loya Jirga, with the
composition and scale that is known today among the
Afghans, was first convened in 1924, by the Afghan
monarch of the period, Amir Amanullah Khan (r.
1919-1929). This Loya Jirga was officially opened in
Kabul, but held its meetings for the next eleven
consecutive days in the summer resort town of Paghman
(about 12 miles northwest of the capital). Altogether
1054 delegates represented all tribes, ethnic and
sectarian groups, spiritual leaders, religious
scholars, khans and high-ranking government officials.
They discussed and deliberated on issues ranging from
foreign policy direction to the draft the first Afghan
constitution. The decisions of the 1924 Loya Jirga
resulted in the passing of the constitution and in
providing the government with a general outline for
its policies. A transcript of all the discussions in
this Loya Jirga was published and distributed
throughout the country, setting a precedence for the
future major Loya Jirgas.
In 1928, after his return from a European tour, Amir
Amanullah Khan once again called for a Loya Jirga. He
wished to secure the nationís vote of confidence for
himself and for his fast-paced reform program. 1,100
delegates participated in this Loya Jirga and in
addition to the traditional representatives, efforts
were made to include the young generation of Afghans
as well. Another daring innovation during the Loya
Jirga of 1928 was the kingís statements in favor of
womenís rights. Despite emotional debates and refusal
of several royal proposals, the Loya Jirga ended with
a number of substantive rulings concerning social and
legal reforms.
Several elements, including the Amirís radical
modernization agenda contributed in his downfall in
1929 and the short-lived rise to power of Habibullah
Kalakani (r. January to October 1929). By the end of
the year 1929, Nadir Khan, a distant cousin of Amir
Amanullah and his ambassador to Paris, succeeded in
defeating Habibullah and capturing the seat of power.
Nadir Khan (r. 1929-1933) was immediately declared
king, and to follow the traditional path, convened a
Loya Jirga in the year 1930. In this Loya Jirga 301
delegates from all parts of the country participated
and along with some basic policy issues, passed a new
constitution. The constitution of 1930 governed as the
law of the land until 1964.
Nadir Shah was assassinated in 1933 and his son,
Mohammad Zahir, became the new monarch (r. 1933-1973).
In the heat of World War II, when Afghanistan was
pressured by both the Allied and the Axis powers to
join the war, His Majesty Zahir Shah convened a Loya
Jirga in which his Prime Minister proposed the
governmentís policy of neutrality. Members of the 1941
Loya Jirga voted for the principle of non-alignment
and, therefore, kept Afghanistan neutral throughout
World War II.
In 1963 Zahir Shah oversaw the drafting of a new
constitution. A consultative commission comprised of
experts including two women was appointed to examine
and fine-tune the draft constitution before it could
be presented to the representatives of the nation. The
King convened a Loya Jirga in September of 1964 to
study, discuss and approve the new constitution. The
452 members of the Loya Jirga included elected
representatives, members of the parliament, senators,
members of the cabinet of ministers and other
high-ranking government officials, members of the
constitutionís drafting committee and the consultative
commission, and finally, a number of individuals who
were appointed by the king, including influential
spiritual and religious leaders and four women. After
several days of debate and deliberation, members of
the 1964 Loya Jirga passed the new constitution. This
constitution ushered in a new era of democracy and
economic, political and social development in
Afghanistan.
After the coup dí tat of July 1973 and the overthrow
of the constitutional monarchy, the president of the
newly established republic supervised the drafting of
yet another constitution and convened a Loya Jirga in
1977 to pass it. In the 1980s, during the Soviet
occupation of Afghanistan, attempts were made to use
the institution of Loya Jirga as a means of
legitimizing client regimes of the Soviets that were
unacceptable to the people of Afghanistan, but to no
avail. In the recent years, various formulae for the
establishment of peace have been tried and failed.
The people of Afghanistan, tired of the prolonged war
and drained by the continuous exploitation of warlords
and foreign powers, wish to return to the traditional
method of solving their national problems and would
like to have a chance to once again use the historic
institution of Loya Jirga as a forum in which to voice
their opinions and decide on their own future.