Afghanistan unveiled a draft constitution on 3 November, declaring the country to be an “Islamic Republic of Afghanistan” and recognizing that “no law can be contrary to the sacred law of Islam.” The draft does not however support the Shariat as a basis of jurisprudence. While it provides for a President as the Head of State, assisted by a Vice-President, there is no place for a Prime Minister. The National Assembly is to be the highest legislative organ, consisting of two houses. These are the Wolesi Jirga (House of People) and the Meshrano Jirga (House of Elders). One-sixth of the seats in the House of Elders are reserved for women.

Among other provisions the draft provides for a nine-member Supreme Court, allows for the formation of political parties, as long as their charters “do not contradict the principles of Islam” and have no military aims or foreign affiliation, makes Pashto and Dari the national languages, with the national anthem to be sung in Pashto, provides for a human rights commission, and affirms the Loya Jirga to be the “highest manifestation of the people of Afghanistan.”

The draft constitution will be debated at the Loya Jirga to be convened in December, elections for which started on 15 October. Out of the 500-member Grand Council, 450 members will be elected and the President will nominate the remaining 50. The United States has hailed the unveiling of the draft constitution as an “important milestone”, completing the first stage of reforms envisioned in the Bonn Agreement of December 2001.

Another important provision of the Bonn Accords was the establishment of the International Security Assistance Force (ISAF), mandated by the UN Security Council resolutions 1386, 1413, and 1444, to help the Afghan Transitional Authority (ATA) in maintaining security in Kabul and its environs. On 11 August 2003, NATO took over the responsibility of running the ISAF and assisting the ATA in its work towards the culmination of the Bonn process, which is the conduct of nation-wide elections in June 2004. This was the first time in the organization’s 54-year history that it is being involved in a peacekeeping operation outside Europe. The tasks of the ISAF include the development of national security structures and the training of future Afghan security forces. To this end, the central corps of the Afghan army was inaugurated on 30 August. However, the UNSC resolutions restrict the area of operations (AOR) of ISAF to Kabul and its environs.

The writ of the warlords still runs large in the rest of the country. Containing them has become a major problem for the central government. The US cultivated a few of these warlords and gave those arms and equipment in order to buy their favors but animosities run deep. Fighting flares up with disturbing frequency as was witnessed between Atta Mohammed and Abdul Rashid Dostum in October.

Compounding the instability is the resurgence and regrouping of elements of Al-Qaeda and the Taliban, especially in parts of southeastern Afghanistan. These include the Paktika and Zabul provinces bordering Pakistan. India and Russia have voiced concern at their resurgent activity, which they contend is being abetted by Islamabad. Russia has also voiced concern over the danger of Pakistani nuclear weapons falling into the hands of Taliban.

Pakistan on the other hand, has expressed concern over the visible Indian presence in Afghanistan. India has consulates in Herat, Mazar-e-Sharif, Kandahar, Jalalabad, and has an embassy in Kabul. Islamabad alleges that these are being utilized by India to abet and instigate local armed gangs against Pakistan. While rubbishing these claims, New Delhi maintains that it is the sovereign right of two nations to decide the nature and intensity of their bilateral relationship, and Pakistan as a third party has no locus standi to be commenting on these issues.   

On 8 November, New Delhi agreed to participate in building the Trans-Afghanistan road and rail link, linking Termez in Uzbekistan and Chahbahar port in Iran. The effort would reduce the distance from India and Central Asia by about 1500kms. This is another illustration of the political and economic stakes India has in a stable and peaceful Afghanistan.

Afghanistan is at the crossroads. Though elections are due in June 2004, and the country still has to come to grips with recurrent episodes that heighten instability, like the bombing of the UN office in Kandahar on 11 November and the deadly raids on police stations in the past few months. One can only hope that the cycle of violence will end and Afghanistan can see stability and peace in the near future.