KABUL,
November 4 (IslamOnline.net & News Agencies) - Afghanistan
unveiled Monday, November 3, a draft of its long-awaited constitution,
confirming the Islamic identity of the country, enshrining the rule of
democracy and paving the way for national elections in 2004.
Describing
Afghanistan as an "Islamic republic" with Islam as the
nation's "sacred religion," the 12-chapter, 160-article
document was presented to President Hamid Karzai at a ceremony in
Kabul's presidential palace attended by foreign diplomats and the
country's former King, Mohammed Zahir Shah.
The
draft strikes the balance between the requirements of Afghanistan and
the international community, as it enhances both Islam as the region
of the state and democracy as the backbone of the governance system,
IslamOnline.net learnt.
To
mention but a few examples of the importance attached to Islam by the
new constitution, article three declares as null and void any law
contradicting Islam, the president will take an oath to obey the
Islamic shariaa and the state emblem will be "There is no god but
Allah, and Muhammad is His Messenger."
The
new constitution maintains the Pushto and Dari Persian as the official
languages of the state, while recognizing the importance of developing
other dialects and languages such as Ozbik.
It,
however, sets the Pushto as the language of the national anthem after
it was sang in Dari, in response to pressures exercised by he
Pushtons.
Presidential
Powers
Although
the king has remained a popular figure in Afghanistan despite spending
almost three decades in exile since he was ousted in a coup, the
constitution offered no active role for the royal family.
Instead
the power rests mainly with the president - a Muslim born to Afghan
parents - who would be directly elected by the Afghan people for a
five-year term, with a maximum of two presidential terms.
He
would be empowered with appointing ministers, the chief justice and
the other eight judges of the supreme court, but the appointments
require parliamentary approval.
Under
the released draft, the president will be also commander-in-chief of
the country’s armed forces.
The
parliament would be divided into a directly elected House of People -
Wolesi Jirga - and a House of Elders - Meshrano Jirga.
Both
would be overseen by a Loya Jirga of senior Afghan figures.
A
constitutional commission said election to appoint the 500-member Loya
Jirga, which will adopt the constitution, will be from 1st to 9th of
December.
The
new Loya Jirga is to start functioning on 10th of December.
Approval
of the constitution by the Loya Jirga will allow preparations to start
for presidential elections scheduled for June 2004.
Women,
Human Rights
The
draft constitution accords due attention to women and human rights,
with article 83 stipulating that each province should be represented
by one woman at least in the Wolesi Jirga.
Article
84 further entitles the president to appoint 17 per cent of the
Meshrano Jirga from women.
As
for human rights, article 58 provides for establishing a human rights
watchdog to monitor any rights violations.
On
civil liberties, the constitution enshrines the rights to freedom of
expression - through demonstrations - and formation of political
parties and NGOs, provided that it does not violate the law.
It
also says that every citizen is entitled the right of education.
Around
107,000 copies of the draft constitution will be distributed across
the country in the coming days so the public can read and comment on
the document.
The
new constitution replaces a largely defunct document drafted almost
half-a-century ago and left in tatters by two decades of bloodshed
that accompanied Soviet occupation, civil war and the rise of the
Taliban regime.
In
his address to Monday's ceremony, the former king said he hoped the
document "will direct people towards peace, security and
democracy."
Security
has remained a major problem for Kabul since the Taliban was ousted by
U.S.-led forces in 2001.
'Milestone'
The
White House had welcomed the draft as an "important
milestone" in Afghanistan’s political journey.
"The
United States takes note of the release by the Afghanistan
Constitutional Commission and Government on November 3 of their draft
Constitution for the new post-Taliban Afghanistan," Agence
France-Presse (AFP) quoted spokesman Scott McClellan as saying in a
statement.
"The
public issuance of this very important draft, the product of
consultation and dialogue among Afghans, marks an important milestone
in Afghanistan's political development," he added.
"Now
the Afghan people have the opportunity to review the draft
Constitution in the period leading up to the December Constitutional
Loya Jirga, which will finally approve Afghanistan's new
Constitution," McClellan said.