Afghan Loya Jirga

   Noorullah Khan
Appeared on Monday, May 21, 2001 in The News International


Observing the salient features of Afghan society, the traditional Afghan Loya Jirga comes in the first row. This traditional political institution has been alive since the ancient Aryan period; afterwards it was further enriched and modified during Greco-Bactrian period. It provides Afghan society a historical, social and political structure, which has always helped Afghans deal with the situation of anarchy, chaos and emergency. Many orientalists are of the opinion that Afghan society is an egalitarian and democratic society. Some of them are of the view that it is a kind of ordered anarchy. Of course, Afghan society is one of the interesting cases for all curious and investigative cultural anthropologists of the world. Many of them have studied it both journalistically and through field studies and participant observation. However, they have still not converged on a unified definition and conclusion. Every one of them has defined it in his or her own way. Yet the phrase, ordered anarchy, sounds very interesting and somewhat closer to the reality. Because Afghan society's both facets, order and anarchy, are quite apparent. On the one hand, they have established glorious empires, while on the other hand, they make still the largest tribal, nomadic, semi-nomadic society of the world. Historically, they are famous for anarchic and unruly nature. Many times they have fought fierce wars against outsiders and of course among themselves. The latest episode of this series is going on since last two and half decades. But they are not only warlike people, rather have developed some very mature social and political institutions and norms both for war and peace days. Their enmity and rivalry is also based on well established principles and culturally recognised norms and values. In other words, they know how to fight and how to make peace. The institute of the Loya Jirga embodies this reality of Afghan society in its fabric.

If we analyse Afghan history, most of the great events, particularly the making of governments and the announcements of wars of independence, have been determined and happened because of Loya Jirga. Even their empires in the Subcontinent were established, maintained and replaced through the Jirgas, either the Loya Jirga or smaller ones compounded of the tribe of the king and other allied tribes. In Afghanistan, it is the tribe which decides, not the individual.

Modern Afghanistan is a phenomenon purely determined by the Loya Jirgas convened by different Afghan leaders. Up to the end of seventeenth century Afghanistan was divided between Mughals and Iranians. It was in the start of eighteenth century, when Mirwais Ghilji convened a Loya jirga in the villages of Kokeran and Manja of Kandahar. This Jirga chalked out the plan of rebellion against the rule of Asfahan. In those days, the northern part of today's Balochistan of Pakistan was also part of Kandahar. So it was in this area where the rebellion first broke our. The plan of rebellion was successful and Mirwais announced independent Afghanistan. But It was a republican government of Afghan version; Mirwais did not announce himself King of the country. It was this Jirga which provided the foundation of modern Afghanistan. For the first time, it was the government of Afghans inside Afghanistan. Before that, Afghans used to either establish big empires outside Afghanistan or, instead of it, were themselves ruled by outsiders and their land was to be just an annexe to India or Iran. Generally, it is said that Ahmad Shah Abdali was the founder of modern Afghanistan. But this approach is misleading. In fact, Ahmad Shah only completed that process which was started by Mirwais.

The second historic Afghan Loya Jirga was held in 1747 after the assassination of Nadersh Afshar. This Jirga continued for nine consecutive days to reach a conclusion about the future king of Afghanistan. At last the name of Ahmad Khan was announced according to the Afghan tribal and egalitarian criteria of first among the equals. The third important Jirga was held in 1826 when Barakzais replaced Sadozais, the tribe of Ahmad Shah. Dost Mohammad was selected the Amir of Afghanistan, and the country was divided into seven administrative areas. In all the seven administrative areas, a real brother of the Amir was made the governor. Another important Jirga was convened in 1843 when British imposed a puppet king, Shah Shuja, on the throne of Kabul. Participants of the Jirga announced Wazir Akber Khan the leader of Afghan resistance and the first Anglo-Afghan war was fought which resulted in demolishing the Indus Army, the huge British force both in terms of personnel and weapons. During the twentieth century, the Loya Jirga was rendered more sophisticated and formalised. It was convened by Amir Habibullah endorsed the status of permanent neutrality of Afghanistan. In 1919 King Amanullah Khan convened a Loya Jirga for the nullification of all those accords which the previous Amirs of Afghanistan had signed with British India. This Jirga endorsed King Amanullah's call for jehad, which resulted in the third Anglo-Afghan war. For the first time, there was a state to state war between Afghans and the British. Once again, Afghans defeated their rivals. Amanullah Khan was a man of Jirgas, he gave it a more institutionalised basis. He convened Jirga after Jirga to elicit the opinion of the nation regarding the political, constitutional and international matters of that time.

With Zahir Shah ascending to the throne of Kabul, the formalisation of the Loya Jirga entered into a new phase. During his era, the first Jirga was held in 1945 when the Second World War was going on. This Jirga recommended a non-aligned status of Afghanistan and decided that those German nationals who were in Afghanistan would not be handed over to any rival warring party. A decade later, Zahir Shah convened another Jirga. During this period Pak-Afghan relations were on the low ebb. Prime Minister Sardar Daud convinced the participants to support the cause of Pashtoonistan. The Jirga recommended that every possible effort should be made to equip the country with state-of-the-art equipment and weapons. In fact, this Jirga provided the results which were opposite to all that which was achieved through all previous Jirgas. It was after this Jirga, that Afghanistan gradually tilted toward USSR and finally Soviet interference reached such a degree that it ultimately resulted in the actual invasion of the country in 1979. Bubrak Karmal and Dr Najeebullah also convened Loya Jirgas, but as they were not in accordance with Afghan norms and values, failed to muster the support of masses.

As explained in above, once again the Loya Jirga can play the historic role of peace making and legitimise the political structure in the war ravaged country. In the present situation of Afghan polity, the position of Zahir Shah is important on several counts. He is the sole Afghan figure who has some kind of legitimacy. He has ruled Afghanistan almost for four decades. Barring a few groups, majority of the genuine representatives of the people of Afghanistan recognise and consider him the last ray of hope in the current bleak and desperate period in the history of Afghanistan. The Afghan constitution, which has even now been maintained and upheld by Taliban, has a provision regarding an Emergency Loya Jirga. So also constitutionally, Zahir Shah's position is based on validity and legitimacy. The reconstruction of the legitimate Afghan state is possible only if Zahir Shah is given a chance to do so. Parties concerned about the Afghan situation, such as the US and the EU, are also aware of this fact and have announced their full support on various occasions. Besides, almost all neighboring states are convinced that the Loya Jirga and Zahir Shah are the only solution to the Afghan imbroglio. Pakistan is said to be the only but important side which does not favour the convention of the Loya Jirga, and is reported to be trying to perpetuate the present "friendly" regime.

The Taliban are not a viable force. It will be difficult for them to wipe out Masud completely from Afghanistan. However, if they achieve this target even then they will not be victorious. Paradoxically, their success is in fact their defeat. The very day they defeat Masud, their decline will automatically be started which will reach eventually their complete logical end. Because through out in Afghan history, a mullah has never ruled the country. Afghans are conservative, traditionalist and nationalist, but they are by no means fundamentalists. In the current situation, the overwhelming silent majority of Afghans, specially the Pashtoon, are following the policy of wait and see. They neither like Taliban, Masud or any other fundamentalist and extremist group of the right or the left. But they don't fight any one of them, because, they understand if they fight one of them, it will certainly benefit the other, while it is difficult for them to fight against both of them simultaneously. They will, however, have to struggle against the victorious party, most likely the Taliban. In this struggle, they will certainly be enjoying the support of most of the neighboring countries and the west. Given their inherent and structural weaknesses, it will be difficult for the Taliban to survive any organised attempt from the south of the country. They will easily succumb to the internal and external pressures. In that situation, Pakistan will the only country which will be on the losing end.

The author teaches at the Quaid-i-Azam University, Islamabad