Naseebullah Achkzai
The Minister for Justice of Afghanistan Abdul Hakim Sahrare announced that the Islamic Emirate of Afghanistan (IEA) will implement the Constitution of 1964 in the country temporarily with some amendments. The quagmire has arisen some questions. Isn’t it puts a query on the Taliban’s lack of farsightedness as to why they were not prepared for running the affairs of the country despite their previous experience of government? Which articles of the 1964 constitution the IEA will amend as the major articles collide with the manifesto of the Taliban? And that Isn’t it justifies the hyperopia of king Zahir Shah after 55 years that his constitution and his policies are still applauded. The constitution of 1964 of Afghanistan was promulgated according to the recommendations of a committee comprised of Sardar Abdul Hakim Ziai, Sarsar Abdul Rahim ziai which was formed as per the instructions of King Zahir Shah. After 30 prolong years of kinship in the country, the constitution of 1964 was a step towards democracy. The constitution was comprised of 11 titles and 128 articles. Article 1 says that Afghanistan will be a constitutional monarchy headed by the King who will not be answerable to anyone. Article 2 declares Islam as the state religion with the Hanafi school of thought. Article 3 deals with the national languages of the country and pronounces that the Pashto and the Dari will be the national and official languages of the country. Whereas article 4 confirms that the tricolours red, black, and green flag will be the national flag of Afghanistan. Moreover, article 26 speaks that no punishment will be allowed without government permission and the orders of the court along with the ban on torturing the people. Title 4 of the constitution deals with the Shura (Parliament). Its article 85 envisages that the head of government will be Prime Minister, who will be elected through parliament (Masharanu Jirga and wulasi Jirga). The parliament of Afghanistan will be elected through universal suffrage. Article 25 sheds light on the protection of human rights whereas article 34 ensures the provision of free education till graduation to all citizens of Afghanistan including Women. It also enunciates the safeguard of women’s rights, their right to vote, right to business, and right to the job. After the coup d etat of Sardar Dawood Khan, a cousin, and brother-in-law of King Zahir Shah almost nullified the constitution. After assuming the affairs of state by Sardar Dawood Khan, the country felt into internal instability while further damage occurred when the Soviet Union intruded in 1979. The 1964 constitution was also adopted as an interim constitution with little modifications by Hamid Karzai from 2001 to 2004 until the formulation of the new constitution which the then Afghan government called (Assasi Qanoon). It may be assessed that the relevance of the constitution of 1964 which was adopted by King Zahir Shah is still esteemed. The question is what the Afghans got after the toppling of Zahir Shah? Nothing. The 48 years since King Zahir Shah was overthrown, reflect that Afghanistan was thrown into chaos, anarchy, political instability, disunity, economic fragility__ where it became the epicenter of foreign proxies, and the land of violence and bloodshed. I wish the Afghans would learn from history.Again, the IEA has announced the adoption of the constitution of 1964 with amendments for a specific time until the Taliban prepare and implement its constitution. With this announcement, some queries as to why did the Taliban not espouse the 1964 constitution during its first regime? It has been one and a half months, Afghanistan has been run without a constitution by the Taliban, why the Taliban have failed to prepare a constitution as they had been fighting against the former government and they knew that once they assume power (being a shadow government), what will the shape of the Constitution be? If the Taliban are adopting this constitution as a political gimmick so that to get world recognition, the question is when will they prepare their constitution and what will be its shape? What changes will the Taliban make in the constitution of 1964 as a myriad of its provisions clashes with their policies, manifesto, and their previous regime__for instance, the type of government, the head of state, the status of women, their right to education, vote, and business? The 1964 constitution was a ladder towards democracy as it dealt with a parliamentary form of government whereas the Taliban’s experience shows that they are reluctant to do so. Once the Taliban acquire the constitution of 1964, how will they convince the people of Afghanistan about their armed struggle during the past twenty years, the brunt of which was endured by the common man of Afghanistan (As the historical experience of the Taliban exposes their disagreement with the democracy and the parliamentary form of government)? The armed battle is a different game while governing a state is a separate field__which demands farsightedness, resilience, commitment, sacrifice, the art of politics, expertise, etc. The past one and a half months events in Afghanistan reflect gloomy handling of internal and external affairs and governance system on the part of the Taliban. The world powers are equipped well with political tactics and their malicious designs. It is apparent that the implementation of the 1964 constitution with some modifications would not ease the Taliban and could not diminish the difficulties which they have been facing. What is needed is that the Taliban should set together (And behave like a mother) with all political parties and stakeholders of Afghanistan for the future constitution with a reconciliatory approach. A united Afghanistan and a comprehensive constitution concerning all segments and parties in Afghanistan is the only viable solution to the miseries of the people.
