2003 loya jirga
2003 loya jirga
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2003 loya jirga

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2003 loya jirga

A 502-delegate loya jirga convened in Kabul, Afghanistan, on 14 December 2003, to consider the proposed Afghan Constitution. Originally planned to last ten days, the assembly did not endorse the charter until 4 January 2004. As has generally been the case with such assemblies, the endorsement came by way of consensus rather than a vote. Afghanistan's previous constitution had been drafted for the Democratic Republic of Afghanistan in November 1987.

Because of strife within the assembly, the 2003 loya jirga was dubbed by some Afghans the loya jagra ("big fight").

The Bonn Agreement of December 2001 required Afghanistan to draft and adopt a new constitution. Specifically, under Section I(6) of the agreement, a Constitutional Loya Jirga was to be convened within eighteen months of the establishment of the Transitional Authority, in order to adopt a new constitution for Afghanistan.

In October 2002, Interim President Hamid Karzai appointed a nine-member Constitutional Drafting Commission, chaired by Vice-President Nematullah Shahrani. Over the following six months, this body drafted a new constitution based largely on the 1964 Afghan constitution. The initial draft, written primarily by Abdul Salam Azimi (who would become Chief Justice of Afghanistan's Supreme Court in 2006), was not the subject of in-depth political consultation.

In April 2003, Interim President Karzai issued a decree appointing a new 35-member Constitutional Commission and laying out a public consultation process. This commission travelled widely throughout the country and reworked the draft, which was not released to the public until November 2003 — only weeks before the Constitutional Loya Jirga was scheduled to begin. The delay in release of the draft meant that distribution of printed copies and public education efforts began in earnest less than a month before the convening of the national conference. The process was supported by several international institutions that provided funding, mostly through the United Nations, as well as technical expertise.

In July 2003, a Presidential Decree outlined the process for delegate selection for the Constitutional Loya Jirga (CLJ). The decree stated that there would be 500 delegates in total: 344 elected by caucus at the district level; 64 women elected by caucus at the provincial level; 42 delegates from refugee, nomad, and minority communities; and 50 people (25 men and 25 women) appointed by President Karzai. The delegates included activists such as Shukria Barakzai, who campaigns for women's rights.

Members of constitutional commissions, the Supreme Court and other government officials, and members of legal and human rights commissions were permitted to attend, but not to vote. Provincial governors and senior police, administrative, and military officials were barred from the proceedings.

The loya jirga was convened on 14 December beneath a large tent on the grounds of the newly refurbished technical university in Kabul. In the opening ceremonies, a dozen children in traditional costumes waved Afghan flags and sang songs of peace. Former King of Afghanistan (1933–73) Mohammad Zahir Shah addressed the assembly. Mojaddedi was subsequently elected chairman, winning 252 votes against Abdul Hafiz Mansoor's 154. Deputies were elected but excluded women; many of the 114 female delegates protested at not being represented in the secretariat. To address their concerns, Mojaddedi appointed Safia Sediqi to the fourth deputy position and two other women as deputies' assistants.

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