Loya
Jirga
One
of the Last Political Tools for Bringing Peace to Afghanistan
The IAS has initiated a project, which we
refer to as the Grand
Challenge of Afghan politics, focusing on issues
and means of conflict resolution. One such indigenous
mechanism for resolving the current conflict is the Loya Jirga,
or Grand Assembly, process. We are taking a deeper look at
this process from various angles, scrutinizing it and its
implementations, highlighting its strengths and pointing
out its weaknesses. We are convinced that the Loya Jirga
(or for that matter any other alternative mechanism) can serve
the interests of Afghanistan and her people only when Afghans
and friends of Afghans are engaged in the process by sharing
their points of views and by carrying an honest debate.
Only then, can this process or its competing alternatives, will
be capable of serving as a true option for bringing peace in a
country with 23 years of continued conflict.
Our first look at the Loya Jirga process is
by Dr. G. Rauf Roashan, a distinguished Afghan scholar, with a
long record of service in Afghanistan. Dr. Roashan, who is
currently a member of the IAS, is also the author of the Country
Corner weekly column that is published by the IAS.
Our readers can find a brief biography of Dr. Roashan by
clicking here.
His paper is titled: Loya
Jirga
:
One
of the Last Political Tools for Bringing Peace to Afghanistan
We welcome and encourage feedback from our
readers and look forward to receiving your thoughts and ideas on
the subject of conflict resolution in Afghanistan.
In
Pashto, the word Loya means great and Jirga stands
for council or meeting. Loya
Jirga has been used as a political instrument for finding
solutions to issues of great national importance in Afghanistan.
It
is a fact that for as long as history remembers, human societies
in their long historical evolution have used councils and
meetings to decide on issues that directly impacted their lives
within their families, villages, tribes and regions.
Even prehistoric man used councils in deciding how to
deal with the wild that threatened his life or how to deal with
natural calamities or even hostile neighboring tribes. But in
Afghanistan’s history councils have played a greater role for
a number of reasons that will be explained in this paper.
Legend
has it that when it was time to select a King for the newly
urbanized Aryan tribes, some five thousand years ago, a great
council of herdsmen, horsemen, farmers and craftsmen and women
was held in the open air. It
was during this council that an eagle appeared from the heavens
and put a crown on the head of Yama the first King in the first
city the Aryans had built south of the River Oxus.
History
has also recorded another great Afghan Loya Jirga convened by
Emperor Kanishka a little less than two thousand years ago.
He had invited some 500 participants mainly spiritual
leaders to decide on measures for reformation of Buddhist
religion.
Similarly
in the history of other Asian nations great councils have been
recorded. More recently in the 13th century a great
warrior appeared in the wide pasturelands of Mongolia. The
leader of a bunch of illiterate herdsmen, he was able not only
to unite the scattered tribes of Mongolia, but also to conquer
vast empires in Asia and Europe.
He was Genghis Khan. One of the reasons for his rise as a
statesman and a great warrior and conqueror is attributed to a
Grand Council (similar to a Loya Jirga) he convened with the
participation of all the leaders of his tribe.
His Council was known as Qurlatai.
The Qurlatai decided on a constitution that was called
Yasa. Yasa proved
to be the main guide in the conquests by Genghis Khan and his
descendents. Dr.
Tabibi has referred to some of the articles of Yasa, in
his book Afghan Prides. Here
are samples of some articles of Yasa:
- It
is herewith ordered that everybody must believe in the
existence of only one Almighty God as the Creator of Heavens
and Earth and the giver of death and life, wealth and
poverty. (This
resembles the beliefs of monotheists.)
- Religious
leaders, preachers, callers to prayers in mosques, doctors,
and washers of the bodies of the dead have immunity in
courts.
- Death
penalty will be given to anyone who proclaims himself
Emperor without the consultation of the general assembly of
princes, nobility and military officers.
- No
peace treaty is to be signed with any king who does not
submit to Mongols and the princes and tribes who are
fighting us.
- The
laws that organize the military in groups of tens, hundreds,
thousands and ten thousands must be respected.
These laws result in an orderly organization of the
military.
- Those
who join the military shall work for free for a given period
of time for the Emperor.
- Animals
that are slaughtered for food should not be killed by
slashing their necks. Instead
the legs of the animals should be tied up and the hunter
should draw out the heart first. (Note the degree of
savagery shown.)
- Rape
is illegal and the rapist shall be given the death sentence.
- The
marriage law permits men to buy their consorts, but marriage
with close relatives is not allowed. However a man can marry
his sister or can have many concubines. (A strange
contradiction could be seen here.)
Genghis
convened a number of other Grand Councils or Loya Jirgas, and
his last one was in 1221 in Samarkent. In this last Jirga, he
told the participants that the great victories scored by Mongols
were all due to their respect and equal implementation of Yasa
and he advised his courtiers and people to frequently read aloud
and follow the articles of Yasa because only then they
could be assured of a successful life. Genghis was a Mongol
rule.
The
above is just an example of how a strong ruler like Genghis has
tried to share the responsibility of running the affairs
of his tribes with an assembly of leaders and elders.
It also shows that not always have the decisions of the
councils been just, civil or practical or eternal.
They have reflected however, the wishes of the leader,
the ruler or the strongman of the tribe.
We will return to this point and elaborate on the issue
of the uses of Loya Jirgas for the purposes of their conveners.
But in Afghan history, there have been
other Loya Jirgas. Farid Maiwandi has listed sixteen of them in
his analytical paper on Loya Jirga1. The list gives information on each of the sixteen Loya
Jirgas that were held from the time of Kanishka the Great to
President Mohammad Daoud and his Loya Jirga of 1976.
Traditionally,
with the advent of Islam in Afghanistan, there has been a
conscious effort by religious authorities to talk of Afghan and
Islamic traditions as a unified social manifestation.
In actuality, Afghan traditions, customs and cultural
values are deep rooted in history and are distinct from the Arab
culture that was introduced to many lands as Islam spread in the
world. It is true
that Arabs, too, did have their tradition of councils even
before Islam. But Islam augmented the principle of councils and
consultations. The
Holy Koran introduced consultations in verse 38 of the Chapter
on Councils to have priority over the state and called it one of
the primary principles of Islamic religion. According to the
Holy Koran, if the head of the State does not respect the
decisions of the Council he could be impeached. 2
Also verse 159 of the Chapter on Aal Imran gives a
stronger emphasis to the issue of consultation.
But
the Afghan tradition from the pre-Islamic times contained the
provision for councils. This
was especially so because of the tribal nature of the Afghan
society. The
economic base of the population, mainly agriculture and
livestock breeding, together with the need for migratory
herdsmen who had to travel for pasture with the seasons, and
lack of efficient communication systems, all contributed to a
dire need for consultation in the forms of intra and intertribal
gatherings. All
Afghan tribes, including the Pashtoons, Tajiks, Uzbeks, the
Hazaras, the Nooris, the Turkemens, the Baloochis and all other
minor ethnic groups, have traditionally had a mechanism of
consultation in the form of local, regional and national
assemblies. When
these meetings were held within the tribes, they decided issues
such as water rights, the rights of individuals within families
and or mediating peace between feuding clans, face saving in
cases that involved violation of individual or family honors,
settling other feuds such as vengeances or settling sanguine
issues in cases of murders, marriages, divorces etc.
In its intertribal form, the councils reached agreements
on water rights, land borders, right to pastures, trade, tribal
feuds, vengeances etc. But
when it came to issues of national interest, the Afghan rulers
took the initiative and convened the Jirgas in order to get the
nation involved in the affairs of the country.
In Afghan history, there are but a few examples where the
tribal chieftains or respected tribal leaders, instead of a
ruler, have called Loya Jirgas.
One of these was the Jirga held in 1747 in the shrine of
Sher Surkh in Kandahar. Tribal
chiefs, to decide on a ruler for an independent Afghanistan,
called for the Jirga. The
Jirga had a difficult time reaching an agreement when on the
last day they decided on the mediation of a religious figure who
was not a tribal leader and not even from Kandahar.
He was Saber Shah Kabuli the son of a famous mystic
Laikhwar from Kabul. He
chose Ahmad Shah Durrani to become the King. 3
Thus,
the Afghans traditionally used Loya Jirga as a tool to involve
the people without having to heed for the need for huge
preparations for elections such as voter registration,
establishing of polling centers, assigning of judges to ensure
just and correct application of voting procedures and counting
of votes either manually or by machines. For the Loya Jirgas
does not require voter pamphlets or information packages either.
While preparations for elections, as is evident, require higher
levels of education and financial capabilities that have not
been readily available in Afghan society, poverty alone cannot
be the only reason for the growth of this institution in the
fabric of the social life of the afghans. A reminder of the
importance the Aryans placed on councils is seen today in the
world’s largest democratic country namely India.
The Aryans, who, after having increased in number,
migrated from northern Afghanistan west to Iran and south to
India, took with them some of their social practices.
In India today in each village they have a traditional
council of five people. This
is called the Panchayat (meaning the five) system. The Panchayat
system ensures two-way communication with administrative centers
even with the villages located farthest from townships.
The Panchayat coordinates both vertical and horizontal
health and educational programs and plays a very important role
in politics. If you
visit the remotest village in India like those located in the
middle of the jungles of Karnataka or the fishing villages of
Andra Pradesh, the first thing you observe is the huge
billboards of different political parties.
This shows that the Panchayat system has played a great
role in the political awakening of rural India.
Yet the Panchayat system was taken to India by the Aryan
tribes that moved in from the northwest.
Elections,
in any society have prerequisites such as an acceptable level of
literacy, political maturity of the constituencies, availability
of technology and trained personnel to oversee and implement
elections. There has been and is a lack of all of these
prerequisites in Afghanistan.
In the tribal society of Afghanistan, the easiest method
of sharing responsibility with the people has been village,
district, state, regional and national councils.
There were no written rules for the convening of these
Councils. Councils
were usually called when there was a need for finding of a
solution to a problem. For
these purposes, usually the village leader, the district
administrator, regional authorities or central government would
convene the Jirga. The
Jirga has no time limits and continues until its agenda is
exhausted and decisions are reached. The decisions of the Jirgas
are binding.
In
Afghan history, Loya Jirgas have been called to decide on great
and sometimes grave national issues.
Usually the rulers have convened the Jirgas. Also at
times, tribal chieftains collectively have decided for the
convening of the Loya Jirga.
Because the role of the convener is extremely important
in these Jirgas, let us have a deeper look at some of the
reasons that have prompted a ruler to convene a Loya Jirga. For
the most part, the following are some of the major reasons:
- Matters
related to declaration of war or adoption of treaties of
peace.
- Selection
of a new ruler.
- Chalking
out defending the nations honors especially religious values
and territorial integrity.
-
Deciding on the type of government.
- Seeking
agreement of the nation to social, economic and political
legislation.
- Chalking
out programs for social welfare of the country.
- Legitimizing
actions of the ruling administration.
- Adopting
a Constitution for the Country or canceling previous
constitutions or laws, especially made by the previous king
or ruler.
- Trying
to convince the world that the society has practiced
democratic system.
- Deciding
on relations with neighboring countries.
- Deciding
the status of the country vis-à-vis global conflicts and
blocks.
Afghan history shows that the convener of
the Loya Jirga in instances where he was the ruler has tried to
implement his own programs by getting to draw the agenda for the
Jirga and directing its deliberations. History has also recorded
that not always has the ruler been successful to make the Jirga
ratify all his proposals.
This
is notwithstanding the facts that although Loya Jirgas are free
institutions and participants are expected to express themselves
freely, yet some of them in practice serve as the mouthpiece of
the convener. This is especially so because in some Jirgas the
convener appoints a number of participants giving them equal
status as the elected members..
Mir
Ghulam Mohammad Ghobar, the famed Afghan historian refers to a
Jirga convened by Nadir Shah (the father of Zahir Shah) in
September 1930. 4
Since his description reveals some of the intricacies of
the process of the Loya Jirga, a translation of the topic from
the same book is presented herewith.
However, the reader is encouraged to read this with
caution and awareness of the fact that Ghobar considered Nadir
Shah and his family as his enemies.
He
writes:
“In
order to cover the real face of his regime with an artificial
mask, he based his policy on fraud and from the beginning he
declared a policy based on religion, the Sharia as well as the
development of industries, agriculture, commerce etc. Later in
September 1930 he convened a Loya Jirga of 301 recommended
representatives of Afghanistan’s provinces and added 209 state
officials and military officers in it.
He also accepted 18 foreign diplomatic envoys as
listeners and observers of the Jirga.
The Majority of Jirga members consisted of spirituals and
feudal land owners as well as appointed government officials,
all in the service of the state; the Jirga was steered in the
name of religion, by a number of Mullahs in the employ of the
government so that whatever was dictated to them by the King and
his family would get ratified by the Council.
Before the opening of the Jirga, the King kept the
representatives busy and impressed by inviting them to official
banquets. Then he
presented them each with a cloak and a turban and officially
opened the Jirga. The
objectives of this Jirga were twofold:
First, to nullify the progressive decisions of the
elected Jirga of 1928 at Paghman that had acquired legality.
This was done to abolish official titles and formal wear
for government officials, determination of the worth of people
before entering government service, giving account of their
personal expenditures, the law of employment, renewal of the
authority of Justices and County Administrators, establishment
of general inspection department, determination of punishment
based on previously written laws and determination of cash
penalties, establishment of modern civil courts, freedom of the
press and criticism, abolishing of marriage of underage girls
and determination of the marriage age, freedom of abolishment of
veil for women, requirement of diplomas for mullahs, changing of
the insignia of the national flag, establishment of the National
Assembly consisting of 150 literate representatives and the
like. Secondly, it was to demonstrate the decisions of the Jirga
as those of the nation to King Amanullah. Therefore, on the one
hand the legal resolutions of the Paghman Jirga were nullified
while on the other resolution No. 5 was passed against King
Amanullah who had asked for his personal property to be returned
to him. The
resolution adopted by the Jirga in 1930, called King Amanullah
traitor to the nation and a thief of Afghanistan’s property.
The resolution asked for the return of the wealth King
Amanullah had taken with him.
In order to recover this wealth the Jirga named Nadir
Shah as its representative.”
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The
above description of a Jirga convened by a new king touches on
important aspects of the election and selection by appointment
of representatives and the possibility of manipulating of the
outcome of the deliberations by influencing the membership, the
agenda and the method the Jirga is convened. It is also a
telltale description of the many progressive social and
political reforms that were introduced during the 1928 Loya
Jirga by King Amanullah and the nullification of the same by the
proceeding Administration of King Nadir Shah. It also reveals
the social status of the country at the time.
Traditionally, tribal elders and
political leaders attend Loya Jirgas. Afghans place a lot of
confidence in their elders for their experience.
Local tribal and even village leaders are selected
because of their long-standing service, age and family status.
For example, when everything else is equal the selection between
two local politicians is made based on their age.
In Afghan society, age counts.
Again as Afghan tradition has it, whenever there has been
a need for representation, the existing elders and leaders have
been deputized to do so. Tribal
power and economic status of the leader or elder has also had an
important role to play in the selection of tribal or clan
representatives. This
means that there has not been a need for new elections. However,
of recent because of the objectives for the convening of Loya
Jirgas, elections have been held to a certain degree. One
example of this is the Loya Jirga held by Mohammad Daoud to
decide on choosing the republican system for Afghanistan.
This means that in some districts some form of election
has taken place. Also
in recent Jirgas, the ruling party has had influence in
nominating candidates for the Jirga and has exerted some degree
of influence in electing its nominees. Similarly, to ensure
meeting of the objectives of the Jirga based on the wishes of
the convener, he has assumed the right to appoint a given number
of participants. This
practice, common in some monarchies, tends to direct the outcome
of deliberations to the benefit of the ruler.
Based on the same principle, in Afghanistan, the Senate,
called De Mishrano Jirga or the Council of Elders,
consisted of both elected and appointed members.
According to the constitution the passage of which was
influenced by the last King of Afghanistan, he had the right to
select some members to the Senate.
The last Constitutional
institutionalization of the Loya Jirga occurred during the reign
of the communist puppet regime in Afghanistan.
As the previous constitution of Afghanistan was abolished
to pave the way for establishing of a communist system in the
country in 1978, a new Constitution was introduced.
The Revolutionary Council, which in communist system has
the highest and dictatorial power, ratified it.
Apparently, to appease the nation during its difficult
war against the Soviet occupation, a newer version of this
Constitution was presented to a Loya Jirga convened by the
communists in 1987. It
was later amended in 1990. It
is in this Constitution that a Chapter called Loya Jirga
provides a written description for the Jirga.5
The description reads:
“ Loya Jirga:
This is the highest manifestation of the will of the
people of Afghanistan. It
is composed of: the President and Vice-Presidents, members of
the Meli Shura (National Assembly), the General Prosecutor, the
Council of Ministers, the Attorney-General, his deputies and
members of the Attorney-General’s Office, the chairman of the
Constitution Council, the heads of the provincial council,
representatives from each province, according to the number of
their representatives in the Wolasi Jirga (House of
Representatives), elected by the people by a general secret
ballot, and a minimum of 50 people, from among prominent
political, scientific, social and religious figures, appointed
by the president.
The Loya Jirga is
empowered: to approve and amend the constitution; to elect the
President and to accept the resignation of President; to consent
to the declaration of war and armistice; and to adopt decisions
on major questions regarding the destiny of the country.
The Loya Jirga shall be summoned, opened and chaired by
the President. Sessions
of the Loya Jirga require a minimum attendance of two third of
the members. Decisions
shall be adopted by a majority vote.
In the event of the dissolution of the Wolasi Jirga
(House of Representatives), its members shall retain their
membership to the Loya Jirga until a new Wolasi Jirga is
elected. Elections
to the Loya Jirga shall be regulated by law and the procedure
laid down by the Loya Jirga itself.”
Prior
to this, the number of participants of the Loya Jirgas was not
determined. That is
why different Loya Jirgas had different number of participants.
However, an effort is usually made to ensure
representation both on the basis of geography and ethnicity.
And because elected representatives do not usually boast
higher levels of education, the selected members usually provide
a voice for the Jirga.
No
special requirements, other than the relative trust of the
constituency, are listed for becoming a Loya Jirga member.
However, it is understood that a Loya Jirga member must
have proven loyalty to the country and to its religious beliefs.
The
venue of the Loya Jirga has usually been the center of power.
Kandahar, where the contemporary state of Afghanistan
took shape, Kabul, the long-time capital, Paghman a Kabuli
summer resort town up in the northern hills and Jalal Abad in
the east where there is a greater concentration of population
and tribal influence, have all been used as venues of Loya
Jirgas in the past two centuries.
Never has it occurred that a Loya Jirga had to be
convened outside the political borders of the country.
Indeed
one of the strong alternatives for the solution of the Afghan
issue seems to be referring to the will of the Afghan nation.
Loya Jirga, as a traditional institution appropriate to
the political matrix of the Afghan society, can provide a
democratic approach to finding the will of the nation.
It is practical, does not require exorbitant amounts of
money to convene or high level of technology to run.
It is more convenient to hold than general elections
especially in a country at war.
The Afghans respect its traditional value and standing
and its decisions are binding.
The
above, however, lends itself to uses and abuses by a variety of
people and movements. Contemporary
movements for the convening of the Loya Jirga began more than a
decade ago, when the former king of Afghanistan who lives in
exile in Italy was urged to take some action for the sake of a
nation he ruled for over forty years.
This led to the king’s proposal for the convening of an
emergency Loya Jirga to find a solution to the problem of
Afghanistan. This
plan became known as the three-point proposal that called for a
cessation of war, creation of an interim government and holding
of elections. This
movement is also known as the Rome initiative or process because
Mohammad Zahir Shah, the former king of Afghanistan has lived
there ever since his cousin Mohammad Daoud deposed him in 1973.
In
the course of a few years, a renegade member of the Islamic
Party of Gulbuddin Hikmatyar, namely Homayoun Jarir, who is his
son-in-law, initiated another Loya Jirga movement. This movement
is known as the Cyprus initiative or process because the
preliminary meeting regarding this movement began and continued
in the Eastern Mediterranean country of Cyprus.
A
number of other Afghans living in neighboring Pakistan, too,
decided to push for the convening of the Loya Jirga as the idea
is very appealing and matches the current needs of the Afghan
nation.
Logically,
these movements each claiming its desire for honoring the will
of the nation should have united in a single platform. However,
this has not happened. Minimum
contact has occurred among the three movements that seem to have
chosen the same mechanism for the solution of the Afghan
problem. It will be
useful if a brief glance is cast on the reasons for disunity
among them.
The
Rome initiative activists mostly consisting of an educated group
with most of its members living in the West consider themselves
and their methods more sophisticated to submit to a discussion
of politics on another group’s turf.
This happens to be especially so regarding the Cyprus
movement that is accused, without any proof, by certain circles
of serving Iranian interests and of trying to find a new
entrance into Afghan politics by the leader of the Islamic
Party, Hikmatyar. A
rift between Hikmatyar and his son-in-law has been found
difficult to believe by many observers.
And the fact that Hikmatyar has spoken against Cyprus
initiative has not been convincing either.
On
the other hand, activists of the Cyprus initiative consider
themselves closer to the people and realities on the ground.
They claim that most of the people involved in the Rome
process belong to the king’s family or tribe or consider
themselves nobility. The
Cyprus group, however, boasts and does have some degree of
political and armed existence inside Afghanistan.
It says it is more hopeful in getting the warring sides
agree to the Loya Jirga as opposed to the failed efforts by the
Rome initiative for getting Taleban’s agreement to the
process. But it, too, has failed to score any significant
success in its work so far.
As
to why the two movements do not join hands there has been little
explanation. However,
some members of Cyprus initiative do not believe that the person
of the former king would facilitate the process of peace, as he
has been inactive and away from the scene for so long.
On the other hand, the Rome initiative boasts of
international support for its plan and bases its public support
on a number of surveys where people have been asked whether the
former king or the present rulers were their choice.
Obviously, because the Taleban and their opponents are
proven perpetrators of war, they do not carry major support
among the Afghans. A
case in point is a secret survey the results of which were
revealed by the US State Department recently.
The survey, which was conducted by a group that has not
been named, is based on contacting more than four thousand
people in 27 provinces of Afghanistan.
It says more than half of the respondents favored Zahir
Shah, while only 11 percent favored Mullah Omar and a bleak 1
percent sided with Ahmad Shah Masoud.
The
third group in support of Loya Jirga, as mentioned earlier,
popped up because of the long periods of inactivity by both Rome
and Cyprus initiative plan implementation.
This group wants action.
But by itself the group is not organized, nor has it been
able to take effective steps probably because of lack of
sufficient funds or sponsorship by international or United
Nations groups. It has only voiced its concern a few times
through statements published in Pakistan.
Perhaps
presently more viable of the three movements is the Rome
initiative and therefore it requires a deeper scrutiny.
Soon after his cousin Mohammad Daoud
deposed him in 1973, the former king of Afghanistan submitted
his allegiance to the Republic of Afghanistan in a letter
addressed to Mohammad Daoud.
This was like history repeating itself. It was similar to
a letter of allegiance sent by King Amanullah, also from Rome
after he was deposed, to Mohammad Nadir Shah, Zahir Shah’s
father, who became king in the capital Kabul.
However, Mohammad Daoud and his Republic were soon
toppled down by a communist coup staged with the help of the
Soviet Union. Mohammad
Daoud was killed and a puppet regime installed in Afghanistan in
1978. Ever since,
the former king would issue a statement now and then condemning
the Soviet invasion of Afghanistan and hoping for the return of
the Soviet invading troops back to Russia.
Many Afghans thought the king owed it to the nation to do
more. They were following with keen interest the activities of
Prince Norodom Sihanouk, the former King of Cambodia regarding a
search for peace for his country. They were equally interested
to learn about the political platform of Prince Reza of Iran,
also in search of peace and prosperity for his country.
The former Afghan King was the least active. Perhaps the
king himself realized this and after consulting his family and
friends decided on a traditional solution for Afghan problem,
namely a Loya Jirga. For
the k