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New Constitution Confirms Afghanistan’s Islamic Identity 

President Karzai (L) is watched by former King Zahir Shah as he prays at the ceremony (AFP)

Additional Reporting By Mutiallah Tayeb, IOL Correspondent

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.

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