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federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar


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federalism in Afghanistn _ Mona Hossaini and Shafinur Nehar

  1. 1.  Total Area- 647,500 km2 (250,000 sq mi) (landlocked)  Bordered by Pakistan, Tajikistan, Iran,Turkmenistan, Uzbekistan,China
  2. 2.  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 Pashtuns followed by Tajiks, Hazaras, Uzbeks, Aimaks, Turkmen, Baloch and others.
  3. 3.  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
  4. 4. The Brief Timeline of Afghanistan’s Politics
  5. 5.  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.
  6. 6. • 1709 - Mirwais Hotak declares Afghanistan (land of the Afghans) an independent state and establishes the Hotaki dynasty at Kandahar •1747 - Ahmad Shah Durrani expands Afghanistan and establishes the Durrani Empire. Ahmad Shah Durrani
  7. 7. 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.
  8. 8.  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 Afghanistan, 1934.  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 Afghan lands.  The last king Zahir shah came to the power.Zahir shah
  9. 9. • 1973 - Mohammed Daoud Khan, 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
  10. 10.  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.
  11. 11. • 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 has been recognized only by Pakistan, Saudi Arabia and United Arab Republic.
  12. 12.  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
  13. 13. 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
  14. 14. 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.
  15. 15. 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.
  16. 16.  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.
  17. 17. 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”
  18. 18.  He made state law legally distinct from sharia law.  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
  19. 19. 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”
  20. 20.  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.
  21. 21.  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
  22. 22. 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 loya Jirga”  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.
  23. 23.  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.
  24. 24.  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.
  25. 25. • 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) legislative • independent organ of the state ,comprised of one Supreme Court, Courts of Appeal as well as Primary Courts Judiciary
  26. 26.  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
  27. 27.  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
  28. 28. National assembly 250 House of people “ parliament” From each province 2 women House of Elders” Meshrano Jerga” From pc District council 1/3 appointed by President
  29. 29.  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.
  30. 30. 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 of People
  31. 31. Supreme court” highest and independent judicial organ Appeal court Each 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
  32. 32.  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.
  33. 33. 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
  34. 34. Villages level Village council Community development Civil societies ( shura/ media center) Informal government ( malick , arbab, rishsafid…)
  35. 35.  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
  36. 36.  Presidential election 2014  Establish of “unity government”  Rising of ISIS in Afghanistan  Recapturing North provinces by Taliban
  37. 37.  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