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
The population of Afghanistan is around 32 million as of 2015, 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 Pashtuns
followed by Tajiks, Hazaras, Uzbeks, Aimaks, Turkmen, Baloch and others.
Pashto and Dari are both the
official languages of the country.
Uzbek language and Turkmen
language are spoken in parts of
the north. Smaller groups in
various parts of the country speak
about 30 other languages
Islam is the religion of more than
99% of Afghanistan. An estimated
80-90% of the population
practice Sunni Islam and belong
to the Hanafi Islamic law school
while 7-19% are Shia, majority of
the Shia follow the Twelver
branch with smaller numbers of
Ismailis. The remaining 1% or less
practice other religions such as
Sikhism and Hinduism
Darius of Persia conquers
part of Afghanistan.
Alexander the Great invades.
Many tribal revolts against
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
• 1709 - Mirwais Hotak
declares Afghanistan (land
of the Afghans) an
independent state and
establishes the Hotaki
dynasty at Kandahar
•1747 - Ahmad Shah
Afghanistan and establishes
the Durrani Empire.
Ahmad Shah Durrani
Capital of Afghanistan transferred from Kandahar to Kabul because of tribal
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.
Many power struggles as tribes try
to obtain political power.
1929 Muhammad Khan became
King and tried to reform the
country but was assassinated.
United States formally recognizes
Many tribal leaders tried to unite
Afghanistan but violence prevailed.
Attempts at democracy failed.
Britain withdraws from India,
Pakistan is carved out of Indian and
The last king Zahir shah came to the
• 1973 - Mohammed Daoud
Khan, Prime Minister and a
member of the royal family,
seizes power while King
Mohammad Zahir Shah is in
• 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
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
Five million Afghan refugees flee to Pakistan and Iran.
The Soviets with superior weapons could not defeat the guerrilla tactics of the
• 1987-Mohammad Najibullah replaces Babrak Karmal as president.
• 1989 – Soviet army withdraws all troops from the country, and the United States also
• 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 has
been recognized only by Pakistan, Saudi Arabia and United Arab Republic.
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
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
Between fighting, refugees
have returned to homes
burned and destroyed by
Taliban of burning
homes and crops
to keep Afghan
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.
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.
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.
Abdul Rahaman Khan (1880-1901)
Established a centralized monarchy in Afghanistan for the first
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”
He made state law legally distinct from sharia
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
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
He for further enshrined secular law, he combined the Sharia
courts 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.
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
1. Northern Alliance ( Massoud
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 loya
Re-write the nation’s constitution
by constitutional Loya Jirga
within 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.
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
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.
shall be an Islamic
unitary and indivisible
Article 3: No law shall
contravene the tenets
and provisions of the
holy religion of Islam in
• Head of the state, executing his authorities in
the executive, legislative and judiciary fieldsExecutive
• National Assembly, bicameral ,highest
legislative organ, consisting of two houses
(house of people and house of elders)
• independent organ of the state ,comprised of
one Supreme Court, Courts of Appeal as well
as Primary Courts
The Executive Branch of the Afghan government consists of a
powerful and popularly elected President and two Vice
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
President is responsible to people and house of people.
President is chairman of the ministries
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
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
From each province 2
From pc District
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
Approval of social, cultural, economic as well as technological
Programs and the state budget as well as permission to obtain or
Decide about elucidation session from each Minister by 20%
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.
The judiciary is an independent body of the Islamic Republic of
Afghanistan. The judicial power is comprised of the Supreme
Court, Appeal Courts and Primary Courts the authorities of
which 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
- General Criminal Division
-Public Security Division
-Civil and Personal Affairs Division
-Public Rights Division
The Loya Jirga is the highest manifestation
of the will of the people of Afghanistan.
1. To decide on issues related to
independence, national sovereignty,
territorial integrity as well as supreme
2. Amend provisions of the Constitution;
3. Impeach the President in accordance
with the provisions of Article 69 of the
•strengthen the relations
between central and local
government at the center.
• a set of branches of
•Elected body “420
District council” 5
to 15 members”
( malick ,
Faction Leaders: Northern Alliance Commanders
Abdul Rashid Dostam: Uzbek Faction Leader in Northern
Atta Mohammad Noor: Balkh Province/Mazar-e-Sharif
Mohammed Mohaqiq: Hazara Stalwart
Isma’il Khan: “Emir” of Herat/Western Afghanistan
Sher Mohammad Akhunzadeh: Helmand Province Power
Karzai Family: Qandahar Province Stronghold
Presidential election 2014
Establish of “unity government”
Rising of ISIS in Afghanistan
Recapturing North provinces by Taliban
Rise of voices for separation of power
Scope for insurgency in Afghanistan
Instability in political system among traditional power and
Demand for federal structure and facing problem