federalism in afghanistn _ mona hossaini and shafinur nehar

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Page 1: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar
Page 2: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Total Area- 647,500 km2 (250,000 sq mi) (landlocked) Bordered by Pakistan, Tajikistan, Iran,Turkmenistan, Uzbekistan,China

Page 3: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

The population of Afghanistan is around 32 million as of 2015,[1] which includes the 2.7 million Afghans citizens that are residing temporarily in Pakistan and Iran.

The largest ethnic group among Afghanistan's population is the Pashtunsfollowed by Tajiks, Hazaras, Uzbeks, Aimaks, Turkmen, Baloch and others.

Page 4: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Pashto and Dari are both theofficial languages of the country.Uzbek language and Turkmenlanguage are spoken in parts ofthe north. Smaller groups invarious parts of the country speakabout 30 other languages

Islam is the religion of more than99% of Afghanistan. An estimated80-90% of the populationpractice Sunni Islam and belongto the Hanafi Islamic law schoolwhile 7-19% are Shia, majority ofthe Shia follow the Twelverbranch with smaller numbers ofIsmailis. The remaining 1% or lesspractice other religions such asSikhism and Hinduism

Page 5: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

The Brief Timeline of Afghanistan’s Politics

Page 6: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Darius of Persia conquers part of Afghanistan.

Alexander the Great invades. Many tribal revolts against his empire.

Arabs introduce religion to Afghanistan and Afghanistan became the center of Islamic power and civilization.

Genghis Khan invades Afghanistan, he destroyed the irrigation systems turning the fertile soils into permanent deserts.

Page 7: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

• 1709 - Mirwais Hotakdeclares Afghanistan (land of the Afghans) an independent state and establishes the Hotakidynasty at Kandahar

•1747 - Ahmad Shah Durrani expands Afghanistan and establishes the Durrani Empire.

Ahmad Shah Durrani

Page 8: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Capital of Afghanistan transferred from Kandahar to Kabul because of tribal

fighting.

1838-1842: First Anglo-Afghan War. The British in India try to control

Afghanistan, this war ended with the British force of 16,500 wiped out with

only one survivor making it alive to a British fort in Jalalabad.

Afghanistan is independent but the British take Baluchistan making

Afghanistan a landlocked country.

1878-1880: Second Anglo-Afghan War. The British take some territories

from Afghanistan and allows them to run their internal affairs but Britain

handled Afghan Foreign Affairs.

Russia takes Afghan territory in the north.

1919: Third Anglo-Afghan War. Afghanistan wins and gains full control of

her Foreign Affairs. King Amanullah Khan takes the throne after the Third

Anglo-Afghan War, British influence ends.

Page 9: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Many power struggles as tribes tryto obtain political power.

1929 Muhammad Khan becameKing and tried to reform thecountry but was assassinated.

United States formally recognizesAfghanistan, 1934.

Many tribal leaders tried to uniteAfghanistan but violence prevailed.

Attempts at democracy failed. Britain withdraws from India,

Pakistan is carved out of Indian andAfghan lands.

The last king Zahir shah came to thepower.Zahir shah

Page 10: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

• 1973 - Mohammed DaoudKhan, Prime Minister and a member of the royal family, seizes power while King Mohammad Zahir Shah is in Italy.

• 1978 – The leftist People’s Democratic Party of Afghanistan (PDPA) seizes power during the Saur Revolution. Daoud Khan is assassinated a long with his family and supporters.

Daoud Khan and his wife Suraya

Page 11: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

1979–President Nur Muhammad Taraki, leader of PDPA, is assassinated and replaced by Hafizullah Amin. Amin is then assassinated and the Soviet Union invades Afghanistan with thousands of troops to support the government in its struggle with the holy warriors called Mujahideen. . Babrak Karmal is installed as president.

Five million Afghan refugees flee to Pakistan and Iran. The Soviets with superior weapons could not defeat the guerrilla tactics of the

rebels.

Page 12: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

• 1987-Mohammad Najibullah replaces Babrak Karmal as president.• 1989 – Soviet army withdraws all troops from the country, and the United States also

abandons Afghanistan.• 1992 – Kabul falls to mujahideen factions. Burhanuddin Rabbani becomes president of

the new Islamic State of Afghanistan and a civil war starts.• The Taliban movement was formed in Kandahar in 1994 by Islamic students who take

a radical approach to interpreting Islam.• The Taliban captured Kabul in September 1996 from Mujaheedin regime. The

government of Burhan-ul Din Rabani ousted. The Taliban government in Kabul hasbeen recognized only by Pakistan, Saudi Arabia and United Arab Republic.

Page 13: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

The Taliban regime strongly have been supported by Pakistani military regime.

Anti-Taliban factions still hold about 15 percent of the country in the northern parts of

Afghanistan.

The United Nations and other international communities condemn the Taliban regime

because of its violation of human rights, particularly restrictions of women from

outside work and freedom.

On October 10, 1999, the United States government declare political and economical

sanctions against the Taliban regime in Afghanistan because of holding and

supporting Saudi billionaire Bin Laden.

October 25, 1999, Taliban offer talks between Afghanistan and the US Government

including the future of Osma Bin Laden.

October 28, 1999. Saudi Millionaire declared his desire to leave Afghanistan

November, 5, 1999: Bin Laden likely stay in Afghanistan

Page 14: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Between fighting, refugees

have returned to homes

burned and destroyed by

the Taliban.

The United

Nations has

accused the

Taliban of burning

homes and crops

to keep Afghan

refugees from

returning home.

Taliban isolated

Afghanistan from

the world

The

Taliban

Taliban Justice

Page 15: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Mohammed Omar, Taliban leader, continues to give aid and comfort to the

terrorist Bin Laden.

September 11, 2001. Al Qaeda forces of Bin Laden attack the United States.

United States and her allies declare war on terrorism.

Taliban Government driven into hiding, many Taliban and Al Quaeda forces

killed or captured by the United States and her allies.

Page 16: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

2001 – United States and coalition forces invade Afghanistan. Hamid Karzai is appointed leader of the nation at the International Conference on Afghanistan in Berlin, the capital of Germany.

Page 17: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

2003 Loya Jirga adopts new constitution, restructuring the government as an Islamic republic.

2004 - Hamid Karzai is elected President of Afghanistan.

2014 - Ashraf Ghani is elected President of Afghanistan.

Page 18: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Abdul Rahaman Khan (1880-1901) Established a centralized monarchy in Afghanistan for the first

time.

Political structure had been based on the notion that the ruler’s authority was derived from and therefore limited by the Jergas,

or councils, of tribal leaders. The ʿolamāʾ (religious scholars) provided legitimization for the new concept, constructing from

koranic passages and Hadith a doctrine.” Sharia law”

Page 19: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

He made state law legally distinct from sharialaw.

He assembled the country’s first constitution in 1923 and adopted new secular penal and civil codes derived from Egyptian and Turkish law.

1929 he edicts on women’s rights and family law

Page 20: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

He maintained the principle of secular law with secular courts in a new constitution of 1931. And this constitution authorized a national consultative assembly but king had strong executive powers on “ upper house and lower house”

Page 21: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

He for further enshrined secular law, he combined the Shariacourts and State courts into single system.(1933)

Zahir Shah in 1964 Constitution proclaimed the supremacy of state law in Sharia principles, and it was for first time Constitution of Afghanistan and statutes created under the Constitution were legally dominant over sharia.

He has introduced the concept of separation of powers with an executive, legislative, and judicial branch.

From the mid-1960s to the mid-1970s, new comprehensive codes of criminal law, criminal procedure, and civil law were assembled and passed.

Page 22: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

People’s Democratic Party of Afghanistan was strongly backed by Soviet Union so marked the supremacy of secular state law.

During civil war (1992- 1995)The state system of justice almost completely disappeared in

the turmoil of the civil war.

Taliban regime (1995- 2001)Taliban regime recognized the legitimacy of sharia court

decisions only and dismissed the need for constitutions entirely

Page 23: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Participated groups:1. Northern Alliance ( Massoud

and Dostum)2. Rome Group(supports and

family of Last king)3. Peshawar Group(Pashtum

Mujahideen and Religious Leaders based in Pakistan)

4. Cyprus Group( mixture of factions with close ties to Iran)

Objective of Bonn agreement Replacement of interim

government by transitional government. “selected by loyaJirga”

Re-write the nation’s constitution by constitutional Loya Jirgawithin 2 years.

Establishment of Judicial Reform commission for rebuild the domestic justice system according: Islamic principle, international Standards, rule of law and Afghan legal traditions.

Page 24: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

In November 2002, the constitutional drafting commission was appointed by interim president Hamid Karzai and ratified by the former King Zahir.” Three drafts but first one ratified”

New constitutional commission with consisting of 35 members from a broader political and ethnic groups which received more support from UN and other International sources.

The commission opened the process up to public consultation. After the public consultation process, President Karzai released the draft constitution, five weeks before the CLJ.

CLJ comprised of 500 delegates, 344 from the district level, 64 women at the provincial level, 42 from refugee, internally displaced person (“IDP”) and minority communities, and 50 people appointed by President Karzai.

The debates were most intense on the issues of presidential or parliamentary system, the national language, the role of Islam, and the degree of federalism.

The commission also ultimately agreed on this presidential system with a bicameral parliament and a Supreme Court with powers of judicial review.

Page 25: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Article1: Afghanistan shall be an Islamic Republic, independent, unitary and indivisible state.

Article 3: No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan.

Page 26: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

• Head of the state, executing his authorities in the executive, legislative and judiciary fields Executive

• National Assembly, bicameral ,highest legislative organ, consisting of two houses (house of people and house of elders)

legislative

• independent organ of the state ,comprised of one Supreme Court, Courts of Appeal as well as Primary Courts

Judiciary

Page 27: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar
Page 28: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

The Executive Branch of the Afghan government consists of a powerful and popularly elected President and two Vice Presidents.

The presidential term shall expire on 1st of Jawza “May”of the fifth year after elections.

On important national, political, social as well as economic issues the President can call for a referendum of the people of Afghanistan.

President is responsible to people and house of people. President is chairman of the ministries

Page 29: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Supervise the implementation of the Constitution Determine the fundamental lines of the policy of the country with the

approval of the National Assembly Being the Commander in Chief of the armed forces of Afghanistan Declare war and peace with the endorsement of the National Assembly Take necessary decisions to defend territorial integrity and preserve

independence Proclaim as well as terminate the state of emergency with the

endorsement of the National Assembly Appoint the Ministers, the Attorney General, the Head of the Central Bank,

the National Security Director as well as the Head of the Red Cross with the endorsement of the House of People, and their dismissal and acceptance of resignation; the Justice of the Supreme Court as well as justices of the Supreme Court with the endorsement of the House of People

Appointing, retiring and accepting the resignation and dismissal of judges, officers of the armed forces, police, national security as well as high ranking officials according to the provisions of law

Page 30: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

National assembly

250

House of people “

parliament”

From each province 2 women

House of Elders”

MeshranoJerga”

From pc District council

1/3

appointed

by President

Page 31: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

have the authority to establish a special commission, on the proposal of one third of its members, to review as well as investigate the actions of the Government.

Ratification, modification or abrogation of laws or legislative decrees

Approval of social, cultural, economic as well as technological development

Programs and the state budget as well as permission to obtain or grant loans

Decide about elucidation session from each Minister by 20% members

The state budget and development program of the government shall be submitted, through the House of Elders to the House of People along with its advisory views.

Page 32: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

The judiciary is an independent body of the Islamic Republic ofAfghanistan. The judicial power is comprised of the SupremeCourt, Appeal Courts and Primary Courts the authorities ofwhich are regulated by law.

Supreme court : The Supreme Court shall be comprised of nine members,

appointed by the President and with the endorsement of the House of People

Page 33: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Supreme court” highest and independent

judicial organ

Appeal courtEach provinces

- General Criminal Division-Public Security Division

-Civil and Personal Affairs Division-Public Rights Division-Commercial Division

Primary courts Districts

Other courts

Family

Children

Judiciary

Page 34: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

The Loya Jirga is the highest manifestation of the will of the people of Afghanistan.

Duties 1. To decide on issues related to

independence, national sovereignty, territorial integrity as well as supreme national interests;

2. Amend provisions of the Constitution;3. Impeach the President in accordance

with the provisions of Article 69 of the Constitution.

Page 35: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar
Page 36: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

IDLG

Governor

Provincial council

•strengthen the relations between central and local government at the center.

•Chief executive

• a set of branches of the central government ministries

•Elected body “420 member”

District council” 5 to 15 members”

Municipalities

Village authorities

Local council

Page 37: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar
Page 38: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar
Page 39: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Villages level

Village council

Community development

Civil societies ( shura/

media center)

Informal government

( malick , arbab,

rishsafid…)

Page 40: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar
Page 41: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Faction Leaders: Northern Alliance Commanders Abdul Rashid Dostam: Uzbek Faction Leader in Northern

Afghanistan Atta Mohammad Noor: Balkh Province/Mazar-e-Sharif

Potentate Mohammed Mohaqiq: Hazara Stalwart Isma’il Khan: “Emir” of Herat/Western Afghanistan Sher Mohammad Akhunzadeh: Helmand Province Power

Broker Karzai Family: Qandahar Province Stronghold

Page 42: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Presidential election 2014 Establish of “unity government” Rising of ISIS in Afghanistan Recapturing North provinces by Taliban

Page 43: federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

Rise of voices for separation of power Scope for insurgency in Afghanistan Instability in political system among traditional power and

government Demand for federal structure and facing problem

according constitution