Loya Jirga or Grand Assembly
Despite the fact that traditions of jirgas are as
old as the civilisation of Afghanistan is, yet its practice to turn
it into regular national phenomenon on a grand scale was owned by
the more modern rulers and inhabitants of Afghanistan. Following the
rise of Mirwais Khan Hotak as leader of Afghans, the jirgas became a
national and regular feature for deciding matters of common
concern.
There are two types of Loya Jirgas: One called by the
people themselves at the time of national crisis to deliberate and
decide upon matters of war and peace, election of Amir or King, and
restoration of national sovereignty and national independence.
Secondly, when the circumstances and rules of the game compel the
ruler or leader to consult people with regard to urgent and
important matters, like enactment of fundamental law, ratification
and endorsement of treaties reached with outside powers and defence
of territorial integrity and national sovereignty. Mirwais Khan
Hotak's three Jirgas held in the beginning of 18th century helped
the people of Afghanistan to liberate western part of Afghanistan
from the ruthless Saffavid ruler, Gurgin, in the year
1707.
Loya Jirga participated by influential elders and leaders of Abdali
and Ghilzai tribes, as well as representatives of other ethnic
groups, especially Uzbeks, was held at Sher-i-Surkh near Kandahar
City in 1747 had chosen Ahmad Khan, later Ahmed Shah Abdali, as king
new and modern Afghanistan. As we see the very state of modern
Afghanistan owes its existence to this time-tested tradition. From
then onward, Loya Jirga became regular feature in the history of the
country.
When the First World War was started and the
intelligentsia of the country leading the constitutionalist movement
was clamouring for participation on the side of Turks and Germans
and against British imperialism for wresting back their complete
independence, Amir Habibullah Khan called loya Jirga in 1915 and won
the approval of the Jirga for maintaining neutrality in war. King
Amanullah Khan convened three more Jirgas in February 1923, in July
1924 and in August 1928.
According to afghanland.com sources, The Loya Jirga
of Nadir Khan was held in September 1930 to approve the rules of
business for Millie shura (national council). In July 1941, Zahir
Shah convened Loya Jirga to deliberate upon the Afghan position
vis-a-vis Second World War. Another Loya Jirga during the Prime
Ministership of Sardar Daoud Khan in November 1955, which raised the
issue of Pakhtunistan under the conditions that Pakistan had come
into being as inheritor of all British rights and obligations in the
area. Daoud Khan also called Loya Jirga in February 1977 to
legitimise his rule, pass new constitution, elect new president, get
approval for launching of his national revolutionary party and
ratify some laws and agreements reached with other
countries.
After April Communist Revolution in 1978 and
especially after the invasion of Afghanistan by the Soviet Union in
December 1979 the Cold War rivalries entered Afghanistan and, both
sides, ruling and opposition forces resorted to this tradition.
Since Jirgas held by moderate elements opposed by Mujahideen
in 1980 at Peshawar, by Karmal regime in 1985 and by President
Najibullah in 1987 where held under the shadow of foreign powers,
therefore, their influence on the course of events was limited. The
same was the fate of Shura-e-Al-o-Aqd, held in Herat in 1992 without
any representation by the opposition to legitimize and prolong the
rule of Burhanuddin Rabbani.
Emergency
Loya Jirga of 2002
Hamid Karzai, a unifying figure
during his interim tenure at the head Afghan administration, was
overwhelmingly elected head of state Thursday June 13
2002 by a grand council, or loya jirga.
Ismail Qasim Yar, the Loya Jirga
council chairman delivered the news
"We announce Hamid Karzai as the
president of the coming interim government,"
Karzai had served six months as
interim prime minister of the U.N.-organized government that took
power after the fundamentalist Taliban regime was driven from power
in December.
Final Results of
the Election from 1555 votes cast
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Mahfoz Nadai |
89 |
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6% |
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Hamid Karzai |
1,295 |
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83% |
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Dr. Masooda Jalal |
171 |
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11% |
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The United Nations said 1575 votes were cast and that 20
were declared invalid. A fourth candidate Glam Fareq Majidi was
disqualified before the vote because he garnered only 101 signatures
of support.
Karzai received thunderous
applause when the announcement was made placing him at the top of
the Afghan administration for the next 18 months until parliamentary
elections are organized.
Karzai's candidacy was backed by
a former mujahedeen fighter, Mohammed Asef Mohsoni, who submitted a
list with 1,050 names — seven times the number required to confirm
the nomination and well over half of the 1,650 delegates.
In accepting the nomination
before the vote, Karzai spoke to the delegates assembled in both
Pashto and Dari, the country's two main languages;.
"After 25 years, all the Afghans are gathering under one
tent. The refugees are coming back. It is a proud moment for
me,
… we need security, we need peace, we need stability, we need
an administration in control of all of Afghanistan, … I know many
Taliban and they were taken over, hijacked by the foreign people.
Those people were against Afghanistan. Those who were responsible
for the massacres, those who were responsible for the burning"
were foreigners. … We want an improved economy. We want the people
to trust each other. We want investment in Afghanistan. We want to
start a reconstruction program to rebuild the roads, the irrigation
channels. We don't want to miss this chance. This is our best chance
for reconstruction.... a matter of pride for me, for my friends,
sisters and brothers, like you who voted for me to be head of the
transitional period... God willing, I will be of service to
Afghanistan, my religion and will work for the development of my
country"
Karzai was chosen by secret
ballot — with black-and-white photos of the candidates adjacent to
their names.
Many delegates believe the United
States and other powerbrokers have cut deals circumventing the loya
jirga process. Former monarch Mohammad Zaher Shah and ex-president
Burhanuddin Rabbani withdrew from candidacy for head of state and
threw their support behind the U.S.-backed Karzai, causing
consternation among many delegates.
Emergency Loya Jirga Representatives
2,000 delegates
1,051 elected
members
Guaranteed seats for 160
women
53 seats for current
government
100 seats for Afghan refugees and
six for internally displaced Afghans
25 seats for nomads
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Emergency Loya Jirga
Commission 2002 |
Chairman |
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Qasimyar, Ismael |
Lawyer, expert in constitutional law |
Qizilbash |
Vice Chair |
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Hoquqmal, Mahbooba |
Professor of Law & Political Science in the
University of Kabul |
Tajik |
Abdul Aziz, Al-Haj |
Professor; Dean of the Sharia Faculty of Kabul
University |
Pashtun |
Relations Committee Head |
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Ahang, Kazim |
Head of the Faculty of Journalism in the University of
Kabul |
Tajik |
Commission Member |
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Ameer, Essa |
Teacher, 25 years experience in education |
Hazara |
Drafting Committee Head |
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Borgai, Taher |
PhD Germany in Law and science; lecturer Kabul
University |
Pashtun |
Members |
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Jabbarkhel, Zaher |
Previously director of Nasir Bagh refugee camp, near
Peshawar |
Pashtun |
Hamidi, Farid |
Lecturer in Law and Political Science, anti-Taliban
student leader |
Pashtun |
Kamal, Enayatullah |
Lecturer in the Sharia Faculty, Kabul
University; |
Uzbek |
Karkin, Nur
Mohammed |
Former civil servant in Northern Afghanistan |
Turkmen |
Mudaber, Dr. Sadiq |
Former Deputy Minister of Labor and Social
Affairs |
Hazara |
Mujahed, Prof.
Amin |
Professor of History in the University of
Kabul |
Pashtun |
Nematy, Humaira |
Professor of Law in Balkh University (Mazar-i
Sharif) |
Tajik |
Criteria Committee Head |
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Nidai, Prof.
Mahfooz |
Professor of Geology and Mining in Kabul
University |
Pashtun |
Commission Members |
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Parlika, Soraya |
Former Head of the Afghan Red Crescent |
Pashtun |
Rahimy, Abdul
Salam |
Director of the NGO Coordination of Humanitarian Aid
(CHA) |
Pashtun |
Sayed Massoud, Ustad |
Master in Economics; civil servant under Rabbani and
Taliban |
Sayed |
Sebghatullah Sanjar,
Colonel |
Young former military officer, anti-taliban underground
activist |
Tajik |
Seljuki, Rashid |
Religious figure in Heart |
Tajik |
Tawana, Dr Sayed
Musa |
Former Prof. of Theology at Kabul University; teacher
of Rabbani |
Tajik |
Wolwaliji,
Assadullah |
Graduate of Military Academy; historian |
Uzbek |
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