Afghanistan: Achievements,
Challenges and Prospects under the New Constitution
Keynote speech by Ambassador Said T. Jawad
The Paul Nitze School of Advanced International Studies at John
Hopkins University
04/13/2004
Ladies and Gentlemen:
I would like to express my gratitude to my friend
Dean Francis Fukuyama, the Paul Nitze School of Advanced International
Studies, and The Bernard L, Schwartz Forum on Constructive Capitalism
for organizing this conference. I am honored to be among very
distinguished guests here.
I would like to talk about our achievements and
the challenges that we are facing in building state and national
institutions in Afghanistan, and the prospects of election and
democracy under our new constitution.
The Achievements:
We have come a long way in two short years. The
fact that two weeks ago the international community in Berlin
pledged 4.5 billion dollars for our next fiscal year and 8.2
billion dollars for the next three years indicates the confidence
of the donor countries in our plans and vision to build a democratic
state in Afghanistan.
Originally success in Afghanistan was set in the
context of preventing negative results from a failed state;
such as the spread of terrorism, narcotics and the violation
of human and gender rights. Today, Afghanistan is gradually
emerging as a model of success, creating positive and exemplary
results for the region. Commerce and trade through Afghanistan
are increasing. This increase is enhancing the movement of not
only goods but also ideas, such as free market economy and democracy,
along the historic Silk Road in Asia.
In the past two years, most Afghans have experienced
a significant improvement in their living conditions. Last year,
we reached an economic growth rate of 30% and are continuing
at 20% this year, according to the International Monetary Fund
reports.
We have sustained the policy of securing durable
donor commitment and institutionalizing the national budget
as a central tool of policy making. We are convinced that sustainability
can only be achieved by building the capacity of our government
to plan and monitor the reconstruction agenda. We have proven
our firm commitment to prudent fiscal and monetary policies,
and rejected deficit financing. Despite challenges, we are pursuing
an aggressive strategy for generating and collecting more domestic
revenues. Fiscal stability has been achieved in Afghanistan,
after years of political and economic mismanagement. We have
successfully launched a new currency, and a very stable exchange
rate has been maintained. After years of 3 digit inflation,
today businesses in Afghanistan are experiencing an almost inflation-free
environment. We have insured the autonomy of the banking sector,
and enacted a new banking law. Several international banks have
already opened offices in Kabul. We expect to see more to come,
as the market for loans, equity financing and insurance services
is not yet served.
A new liberal investment law is enacted, and a
very open trade regime has been introduced. Traders and investors
are faced with limited tariffs. Border formalities are being
reduced to a minimum. We have set up, with the assistance of
the German Government, a One-Stop-Shop for Investors, known
as the Afghan Investment Support Agency. To meet international
standards, a National Bureau of Standards is now being established.
Our ambitious program of privatisation will start
soon with the privatization of Ariana Afghan Airlines, our national
carrier. After licensing two private Afghan and international
mobile phone companies, telecommunication and internet services
are now available in Kabul and all major cities. Two major international
hotel chains are now investing in Afghanistan.
Building roads and infrastructure is our first
priority. The country is being reunited in terms of roads. The
main Kabul to Kandahar highway is completed with the support
of the United States and Japan. Securing funds for the reconstruction
of almost 5,000 Km of primary road is now completed. We are
building 1000 Km of secondary roads each year. Preliminary works
on the Bamyan, Dushi, Jalalabad, Spinboldak and Herat highways
have taken place.
New laws on political parties, civic organizations,
freedom of expressions and press have been enacted. Fourteen
independent and privately owned radio stations are operating
in different parts of the country, including radio stations
operated by women and for women in provinces such as Kandahar
and Kunduz. 270 newspapers and periodicals, the largest number
ever, are being published. Women are beginning to participate
in social and political life.
On poverty reduction, we are implementing the
National Solidarity Program. Through this program, over 3,000
villages covering five million people, have elected through
secret ballot their village development councils. These councils
are planning, managing and implementing development projects,
using a 20,000 dollars block grant provided to each village
by the Government. Every month, five hundred villages receive
around 10 million US dollars in grants. To insure the national
ownership of the reconstruction process, we have adopted a National
Development Framework and presented the donor community with
a detailed seven-year outlook in Berlin.
Despite security challenges, our people have felt
more secure in the past two years than they have felt in the
past two decades; but this is not sufficient. We have started
the reform of our national intelligence service, which is a
remnant of the past oppressive regimes. The number of the newly
formed Afghan National Army is about to reach 9,000 troops.
About 5,000 National Police Forces are trained. This number
will increase to 20,000 by the end of the year. They are gradually
assuming their roles in maintaining security. They are deployed
in Heart, Faryab, Kandahar, Paktia, Khost and Uruzgan provinces.
5.6 million children are going to school. Thirty-five percent
are girls. We have published millions of textbooks. We have
rebuilt 20% of our schools but there is more to be done. Only
29% of schools are in a building and 70% are in need of major
repairs. We need 2,500 new schools. Japan has rebuilt 150 schools.
The United States is building 1000 schools throughout the country.
We need to invest much more in education.
The Constitution:
In the political arena, we have sustained the
politics of consensus building, and continued to craft inclusive
political processes. On January 4, 2004, President Karzai signed
our new Constitution into law, marking another significant milestone,
under the Bonn Agreement. Five hundred and two men and women
delegates from all walks of life and every province and community
of the country adopted, after three weeks of intense and difficult
debates and emotional deliberation, with near unanimous acclamation
the most progressive constitution in the region.
The new Constitution is a balanced national charter.
It provides for equal rights and full participation of women.
It seeks and finds an equilibrium between building a strong
central executive branch (to further strengthen national unity
and rebuild the national institutions), and respecting the rights
and volition of the provinces to exercise more authority in
managing their local affairs. It institutionalizes district
and provincial level councils. Furthermore, it is a careful
combination of respect for moderate and traditional values of
the Afghan society and adherence to the international norms
of human rights and democracy. The new Constitution further
reveals that our Islamic and traditional values are fully compatible
and mutually reinforcing with an open democracy.
The new Constitution provides for check and balance
between a strong presidency
and a two-chamber national assembly with extensive powers of
inquiry. It establishes the President as the head of state.
He/She is elected by direct majority vote. He will serve for
a period of five years with two Vice-Presidents and is subject
to a two-term limit. The President is the Commander-in-Chief
of the armed forces and appoints ministers and members of the
Supreme Court but only with the approval of the Parliament.
The President can not dissolve the parliament. The Constitution
provides for a clear impeachment process.
The Parliament or National Assembly consists of
two chambers: the Wolesi Jirga
(or the lower house) and Meshrano Jirga (or the upper house
or senate). To insure that 25% of the members of Lower House
are women, the Constitution requires that two female delegates
be elected from each of the 32 provinces of the country. Such
a high quota for women is rare in most countries both Muslim
and non-Muslim. The President appoints 1/3 of the senators of
which 50% must be women.
The Constitution creates an independent and able
judicial branch. The Supreme Court is comprised of nine members
serving for a period of ten years.
The new Constitution institutionalizes the civil law system
in Afghanistan. The Hanafi jurisprudence of Islamic law will
only be applied if there is no existing law that deals with
the matter. The Constitution protects the freedom of followers
of other religions. It prohibits formation of a political party
based on ethnicity, language and/or an Islamic school of thought.
The right of every person to a lawyer is guaranteed.
The state is obligated to appoint an attorney for the destitute.
The Constitution obligated the state to abide by the UN charter
and international treaties and conventions. It also specifically
protects the rights of millions of disabled, handicapped and
war victims. The Constitution, for the first time, gives Afghan
citizens unlimited rights to access information from the Government.
The Constitution obligates the state to prevent all types of
terrorist activities and the production and trafficking of narcotics
and intoxicants. It includes specific provision requiring the
state to encourage and protect investments and private enterprises,
and intellectual property rights.
The Independent Human Rights Commission set forth
by the Bonn Agreement is further empowered and institutionalized
by Article 58. The Commission has the right to refer cases of
human rights and fundamental rights violation to the judiciary
and is empowered to defend the victims.
The Elections:
Our next milestone is holding the first national
elections under the new Constitution. The presidential and parliamentary
elections are scheduled for September 2004. We insist on holding
the elections on time; but we will not compromise the legitimacy,
credibility and integrity of the process. We ask our international
partners to help the United Nations speed up the voters’
registration process. It is crucial that the process gives all
adult Afghans the opportunity to exercise their constitutional
rights to vote in the first national elections. To date, 1.8
million out of 10.5 million eligible voters are registered.
We are working with the UN to drastically increase the number
of registration posts from eight to 4,200 throughout the country.
The Challenges:
We are realistic about our challenges. We face
general challenge of building a state and providing for good
governance after complete destruction of all national institutions
and a severe shortage of resources and human capital. We must
improve local and district level governance, and reform, strengthen
and rebuild our government institutions to make them accountable,
capable and more representative. We must enhance government
capacity to deliver services to all corners of the country,
especially areas prone to terrorist infiltration. All Afghans
have not yet benefited from the peace dividends and economic
recovery. Some still lack personal and social security. We must
eliminate corruption, nepotism, rule of guns and abuse of power
that undermine our recovery process. We must confront and end
the legacy of Soviet-oriented rules, and the mindsets of the
hooligans of the past decades.
We are also facing specific challenges of preparing
the logistical and legal grounds for the election and building
the institutions and the capacity needed to prepare and enact
the enabling laws required by the new Constitution. Our people
have no electoral experience. Our attorneys and judges are paid
$40 a month.
We also continue to confront security challenges
posed by the terrorists and warlords. To overcome security challenges,
we must expedite the process of building our national army and
professional police force, and further orchestrate external
security support. We have asked our international partners to
enhance security in provinces by expediting the deployment of
the International Security Assistance Force (ISAF) and/or Provincial
Reconstructing Teams (PRT’s). We welcomed NATO and the
United Nation's decision to expand the ISAF outside of Kabul
as well as to increase the number of PRT’s from 12 to
16 before the election. We must accelerate the demobilization,
disarmament and reintegration of private militias and prevent
extremists and opportunists from high-jacking democracy and
the state building process for personal gain or factional agenda.
The clashes in Herat and Faryab prove, once again, that we will
not be able to build a civil society in Afghanistan as long
as warlords, guns and private militias are around. The international
community must help us disarm and demobilize the existing militias.
President Karzai recently announced a major program to reduce
the number of militia groups by 40% by the end of June, and
another 20% reduction by the end of the year, and to completely
eliminate them by the end of June 2005. That means that by the
end of June this year, 11 divisions, 13 brigades, 10 regiments
and two battalions will be completely demobilized.
Narcotics pose a serious challenge for all of
us. Cultivation and trafficking of narcotics go hand in hand
with terrorism and warlordism. It is to our best national interest
to fight them all. President Karzai is committed to mobilize
all our resources in the fight against narcotics. We know Afghanistan’s
heroin, which sells on the retail market for one hundred times
the farm gate price, is one of the main sources of the illegal
money that funds international terrorism and crimes across the
region. It also finances the destabilizing activities of warlords
and criminals in Afghanistan. The international community and
our government cannot afford to wait as these destructive trends
further endanger our national and the global security. Comprehensive
and accelerated efforts are needed to break this vicious cycle.
The government of Afghanistan has adopted a National Drug Strategy
to reduce drastically poppy cultivation, encourage alternative
income streams, destroy poppy fields, and train specialized
national police units.
To overcome these challenges and to make the state
building process in Afghanistan irreversible, Afghans need and
demand the accelerated support and the sustained engagement
by the international community. In two short years, the people
of Afghanistan, in partnership with the United States, turned
a neglected and pariah country over-run by the Taliban and Al
Qaeda, into what President Hamid Karzai called “a center
for the cooperation of civilizations.” The Afghan Constitution
is a significant achievement in our common fight against terrorism.
By helping Afghanistan sustain this important milestone, the
United States and other nations are helping provide the future
blueprint for democracy in similar societies, the very best
antidote to extremism and terrorism. Led by the vision of President
Karzai, Afghanistan has emerged as a model. Afghanistan’s
successful advance on the path to democracy and state building
will impact upon the expectations and the aspirations of the
people in other arenas of the global war against terror and
tyranny.
Our people genuinely believe in engagement with
the international community. The world has found a genuine strategic
partner in our President. The Afghan people have put their trust
on the benefits of international partnership. Together we must
demonstrate that this trust is not misplaced.
Thank you.