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Freedom Or Theocracy?: Constitutionalism in Afghanistan and Iraq Hannibal Travis
Northwestern Journal of International Human Rights Volume 3 | Issue 1 Article 4 Spring 2005 Freedom or Theocracy?: Constitutionalism in Afghanistan and Iraq Hannibal Travis Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njihr Recommended Citation Hannibal Travis, Freedom or Theocracy?: Constitutionalism in Afghanistan and Iraq, 3 Nw. J. Int'l Hum. Rts. 1 (2005). http://scholarlycommons.law.northwestern.edu/njihr/vol3/iss1/4 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Human Rights by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright 2005 Northwestern University School of Law Volume 3 (Spring 2005) Northwestern University Journal of International Human Rights FREEDOM OR THEOCRACY?: CONSTITUTIONALISM IN AFGHANISTAN AND IRAQ By Hannibal Travis* “Afghans are victims of the games superpowers once played: their war was once our war, and collectively we bear responsibility.”1 “In the approved version of the [Afghan] constitution, Article 3 was amended to read, ‘In Afghanistan, no law can be contrary to the beliefs and provisions of the sacred religion of Islam.’ … This very significant clause basically gives the official and nonofficial religious leaders in Afghanistan sway over every action that they might deem contrary to their beliefs, which by extension and within the Afghan cultural context, could be regarded as -
Ethnicity and the Political Reconstruction of Afghanistan
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Schetter, Conrad Working Paper Ethnicity and the political reconstruction of Afghanistan ZEF Working Paper Series, No. 3 Provided in Cooperation with: Zentrum für Entwicklungsforschung / Center for Development Research (ZEF), University of Bonn Suggested Citation: Schetter, Conrad (2005) : Ethnicity and the political reconstruction of Afghanistan, ZEF Working Paper Series, No. 3, University of Bonn, Center for Development Research (ZEF), Bonn, http://nbn-resolving.de/urn:nbn:de:0202-2008091124 This Version is available at: http://hdl.handle.net/10419/88366 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen -
Afghanistan 2005 Parliamentary Elections.Pdf
THE INTERNATIONAL REPUBLICAN INSTITUTE ADVANCING DEMOCRACY WORLDWIDE AFGHANISTAN PARLIAMENTARY AND PROVINCIAL COUNCIL ELECTIONS SEPTEMBER 18, 2005 ELECTION OBSERVATION MISSION FINAL REPORT Afghanistan Parliamentary and Provincial Council Elections September 18, 2005 Election Observation Mission Final Report The International Republican Institute 1225 Eye Street, N.W. Suite 700 Washington, D.C. 20005 www.iri.org TABLE OF CONTENTS Executive Summary…….…..…………………………………….. 2 I. Introduction…………………………………………… 5 II. Pre-Election Period…………………………………… 8 A. Electoral System B. Election Administration C. Voter Registration D. Candidate Nomination E. Campaign Finance F. Election Campaign G. Media Access III. Election Day………………………………………….. 10 IV. Counting Process…………………………………….. 11 V. Post-Election Analysis………………………………… 12 VI. Findings and Recommendations…………………….. 14 VII. IRI in Afghanistan……………………………………. 16 IV. Appendix………………………………………………. A. Appendix I: Election Observation Delegation Members and IRI Staff B. Appendix II: IRI’s Preliminary Statement on Afghanistan’s Parliamentary Elections, September 19, 2005 C. Appendix III: Summary of the Afghan Electoral Law 1 Executive Summary The International Republican Institute (IRI) received funding from the U.S. Agency for International Development (USAID) to conduct an election observation mission for Afghanistan’s September 18, 2005 parliamentary and provincial council elections. IRI’s 19- member delegation was led by former Assistant Secretary of State for African Affairs Constance B. Newman and IRI President Lorne W. Craner. IRI observers were accredited through the United Nations and Afghan Joint Electoral Management Body (JEMB) and, in partnership with indigenous observer groups, deployed to 22 of Afghanistan’s 34 provinces. This was the second election observation mission for IRI in Afghanistan. In 2004, IRI was one of a small number of international nongovernmental organizations (NGO) to monitor the presidential election. -
Fighting, and This Was How They Consolidated Control . 1 ~ L
• MEMORANDUM FOR THE RECORD Interviewee: Afghan Vice President Karim Khalili Location: Presidential Palace, Kabul, Afghanistan Date: Thursday, October 23, 2Q03 Participants: Philip Zelikow, Kevin Scheid, Mike Hurley; David Sedney (Charge, U.S. Embassy Kabul) Drafted by: Mike Hurley Reviewed by: Philip Zelikow Additional Info: None Background Karim Khalili is one of four Vice Presidents of the Afghan Transitional Administration headed by President Hamid Karzai. Khalili is a Hazara Shi'a and was a military commander and leader of Bamian Province, which has a substantial Shi'ite population. A large number of Shi'ites were murdered and inhabitants of Bamian suffered enormously • under the'Taliban regime. 9/11 Classified Information 9/11 Personal Privacy Khalili pescribes Pre-9/ll The Government of Pakistan, in particular ISID, supported the Talbian he said. The Taliban used"the lawlessness prevailing in Afghanistan in the mid-1990's to offer. an alternative to a people fed up with chaos ·and factional • fighting, and this was how they consolidated control . 1 ~ l The Taliban hated the Hazaras and killed more than 10,000 in Bamian. Their oppression and cruelty broke the dignity and pride of people, he said, and Bamian inhabitants lost • their fighting spirit for a time. The last six months of Taliban rule were the worst. Khalili said Taliban forces were better trained than they have been given credit for. They had good communications and were effective in fighting the Northern Alliance. Al-Qaida-Taliban Ties' AI-Qaida trained the Taliban. Usama bin Ladin provided money to Mullah Ornar and the Taliban in general. -
Old Habits, New Consequences Old Habits, New Khalid Homayun Consequences Nadiri Pakistan’S Posture Toward Afghanistan Since 2001
Old Habits, New Consequences Old Habits, New Khalid Homayun Consequences Nadiri Pakistan’s Posture toward Afghanistan since 2001 Since the terrorist at- tacks of September 11, 2001, Pakistan has pursued a seemingly incongruous course of action in Afghanistan. It has participated in the U.S. and interna- tional intervention in Afghanistan both by allying itself with the military cam- paign against the Afghan Taliban and al-Qaida and by serving as the primary transit route for international military forces and matériel into Afghanistan.1 At the same time, the Pakistani security establishment has permitted much of the Afghan Taliban’s political leadership and many of its military command- ers to visit or reside in Pakistani urban centers. Why has Pakistan adopted this posture of Afghan Taliban accommodation despite its nominal participa- tion in the Afghanistan intervention and its public commitment to peace and stability in Afghanistan?2 This incongruence is all the more puzzling in light of the expansion of insurgent violence directed against Islamabad by the Tehrik-e-Taliban Pakistan (TTP), a coalition of militant organizations that are independent of the Afghan Taliban but that nonetheless possess social and po- litical links with Afghan cadres of the Taliban movement. With violence against Pakistan growing increasingly indiscriminate and costly, it remains un- clear why Islamabad has opted to accommodate the Afghan Taliban through- out the post-2001 period. Despite a considerable body of academic and journalistic literature on Pakistan’s relationship with Afghanistan since 2001, the subject of Pakistani accommodation of the Afghan Taliban remains largely unaddressed. Much of the existing literature identiªes Pakistan’s security competition with India as the exclusive or predominant driver of Pakistani policy vis-à-vis the Afghan Khalid Homayun Nadiri is a Ph.D. -
Taliban Now Masters of Afghanistan, a Victory for Pakistan
KABUL Taliban now masters of Afghanistan, a victory for Pakistan WORLD 18-08-2021 Gianandrea Gaiani "They won, and now the Taliban will protect Afghans," the former president of Afghanistan, Ashraf Ghani, explained in a message on Facebook. Ghani added that he had fled "to avoid a massacre" that will start with the capital Kabul. He and his wife, his chief of staff and national security adviser have all arrived in Tashkent, the capital of Uzbekistan. Meanwhile, the Taliban flag now flies over the Afghan presidential palace. It is white with the “shahada,” embroidered words in Arabic witnessing God: "I declare that there is no deity other than God. And I declare that Mohammed is the prophet of God". Afghanistan will revert to the name it had before the Americans arrived in 2001 , the Islamic Emirate of Afghanistan. In the meantime, the US military will work to guarantee air traffic at Kabul airport to facilitate evacuations, but only for a few more days until the airlift is completed. In a joint statement, the United States Pentagon and State Department announced measures to secure the Afghan airport in order to "enable the safe exit of US personnel and their allies from Afghanistan, both civilian and military, by air. Over the next 48 hours, we will have expanded our security presence to nearly 6,000 troops, with a mission focused exclusively on facilitating these efforts, and will be in charge of air traffic control" at the airport, the statement said. Future developments in Afghanistan will, however, depend above all on the decisions that will be made in Pakistan, the long-standing sponsor of the Taliban movement and the real political and military architect of the Taliban 'blitzkrieg' that swept across Afghanistan in a week. -
The Politics of Disarmament and Rearmament in Afghanistan
[PEACEW RKS [ THE POLITICS OF DISARMAMENT AND REARMAMENT IN AFGHANISTAN Deedee Derksen ABOUT THE REPORT This report examines why internationally funded programs to disarm, demobilize, and reintegrate militias since 2001 have not made Afghanistan more secure and why its society has instead become more militarized. Supported by the United States Institute of Peace (USIP) as part of its broader program of study on the intersection of political, economic, and conflict dynamics in Afghanistan, the report is based on some 250 interviews with Afghan and Western officials, tribal leaders, villagers, Afghan National Security Force and militia commanders, and insurgent commanders and fighters, conducted primarily between 2011 and 2014. ABOUT THE AUTHOR Deedee Derksen has conducted research into Afghan militias since 2006. A former correspondent for the Dutch newspaper de Volkskrant, she has since 2011 pursued a PhD on the politics of disarmament and rearmament of militias at the War Studies Department of King’s College London. She is grateful to Patricia Gossman, Anatol Lieven, Mike Martin, Joanna Nathan, Scott Smith, and several anonymous reviewers for their comments and to everyone who agreed to be interviewed or helped in other ways. Cover photo: Former Taliban fighters line up to handover their rifles to the Government of the Islamic Republic of Afghanistan during a reintegration ceremony at the pro- vincial governor’s compound. (U.S. Navy photo by Lt. j. g. Joe Painter/RELEASED). Defense video and imagery dis- tribution system. The views expressed in this report are those of the author alone. They do not necessarily reflect the views of the United States Institute of Peace. -
Strategic Insight
Strategic Insight The Loya Jirga, Ethnic Rivalries and Future Afghan Stability by Thomas H. Johnson Strategic Insights are authored monthly by analysts with the Center for Contemporary Conflict (CCC). The CCC is the research arm of the National Security Affairs Department at the Naval Postgraduate School in Monterey, California. The views expressed here are those of the author and do not necessarily represent the views of the Naval Postgraduate School, the Department of Defense, or the U.S. Government. August 6, 2002 On June 24 the Afghan transitional government and administration of Hamid Karzai was installed during formal ceremonies in Kabul. Karzai had easily won the June 13 election at a national political assembly, or loya jirga. The loya jirga consisted of 1500 representatives, elected or appointed from 32 provinces, and debated the political future of Afghanistan over a seven-day period. The Karzai government is supposed to rule Afghanistan through 2003. During the ceremony, Karzai and his new cabinet took an oath in both major Afghan languages (Pashtu and Dari), vowing to "follow the basic teachings of Islam" and the laws of the land, to renounce corruption, and to "safeguard the honor and integrity of Afghanistan."[1] How successful they are in achieving these vows will be critical to the near term future of Afghanistan, its reconstruction, and possibly the stability of the entire region of Central Asia. This transitional government was the result of an Emergency Loya Jirga and part of the Bonn Agreement (of November-December 2001). While not explicitly stating so in the Bonn Agreement, Lakhdar Brahimi, the Special Representative of the U.N. -
Afghan Presidential Election: Potential Candidates and Powerbrokers
Afghan Presidential Election: Open Source Center As of March Potential Candidates and Powerbrokers15, 2009 Presidential Election Scheduled for 20 August Article 61 of Afghanistan's Constitution1 states that the presidential election should be held "thirty to sixty days prior to the expiration of the current president's term," which ends on 22 May. However, Afghanistan's Independent Powerbrokers Election Commission on 4 March announced that it would push back the date of the election to 20 August in order A number of prominent Afghan figures appear to be powerbrokers in Afghanistan's political scene. to address funding, security, and weather challenges to organizing a nationwide free and fair election (iec.org.af). Many of these men acquired their influence as Jihadi leaders with authority and arms, which they Afghan media have highlighted potential candidates and powerbrokers who may be influential in the election. parlayed into backing from religious, ethnic, regional, or party coalitions that continue to support them. They could prove influential in this year's elections by supporting and mobilizing their political, religious, tribal, regional, and ethnolinguistic constituencies to support preferred Potential Candidates for 2009 candidates. Abdullah Abdullah, Afghanistan's minister of foreign affairs from 2001 to 2006, is running as the candidate for the National Front. In a 2 February interview with Jawedan.com, he supported the presence of international forces to improve the security situation in the country. Regarding the Taliban, he said that the door for negotiation should be "kept open to anyone willing to lay down their arms and join the peace process, except for Mullah Omar and Gulbuddin Hekmatyar," whom he claimed were "pushing Afghanistan to war and destruction." Once a special adviser and chief Abdul Hadi Arghandiwal is the current chairman of the Islamic Party of Afghanistan, formed in 2008 by . -
Avertissement Liens
AVERTISSEMENT Ce document est le fruit d’un long travail approuvé par le jury de soutenance et mis à disposition de l’ensemble de la communauté universitaire élargie. Il est soumis à la propriété intellectuelle de l’auteur : ceci implique une obligation de citation et de référencement lors de l’utilisation de ce document. D’autre part, toute contrefaçon, plagiat, reproduction illicite de ce travail expose à des poursuites pénales. Contact : [email protected] LIENS Code la Propriété Intellectuelle – Articles L. 122-4 et L. 335-1 à L. 335-10 Loi n°92-597 du 1er juillet 1992, publiée au Journal Officiel du 2 juillet 1992 http://www.cfcopies.com/V2/leg/leg-droi.php http://www.culture.gouv.fr/culture/infos-pratiques/droits/protection.htm ����� ������������������������� ������������������������������������� ������������� Université Toulouse 1 Capitole (UT1 Capitole) ��������������������������� M. Haroon MANNANI le 11 juillet 2014 ������� � La reconstruction de l'État-Nation en Afghanistan �������������� et �discipline ou spécialité � � ED SJP : Sciences Politiques �������������������� Centre Toulousain d'Histoire du Droit et des Idées Politiques (CTHDIP) ���������������������������� Mme DANIELLE CABANIS, professeur des universités Université Toulouse 1 Jury: M. FARKHAD ALIMUKHAMEDOV, professeur Université d'Ankara - Rapporteur du jury M. FRANÇOIS-PAUL BLANC, professeur émérite Université de Perpignan - Rapporteur du jury Mme DANIELLE CABANIS, professeur des universités Université Toulouse 1 - Directeur de recherches M. JEAN-MARIE -
Special Report No
SPECIAL REPORT NO. 444 | MARCH 2019 UNITED STATES INSTITUTE OF PEACE www.usip.org How Peace Was Made: An Inside Account of Talks between the Afghan Government and Hezb-e Islami By Qaseem Ludin Contents Background ...................................3 Talks Begin ................................... 5 Internal Consensus and Divisions .................................7 Components of the Peace Deal ....................................8 Sealing the Deal ......................... 12 Implementation of the Agreement ............................ 13 Lessons for Negotiations with the Taliban ........................... 14 Gulbuddin Hekmatyar addresses supporters in Jalalabad, Afghanistan, in March 2018. (Photo by Ghulamullah Habibi/EPA-EFE/ Shutterstock) Summary • For more than four decades, Afghan- • Peacemaking is a difficult process, the challenges and divisions that istan has been in a state of war and but often the most difficult part is had to be overcome in order to violent conflict that has destroyed how to start peace talks. Thus, the make the September 2016 peace much of the country’s physical and experience of negotiating peace agreement possible. social infrastructure and prevent- between the Afghan government • After the peace accord with ed the formation of a state stable and the Hezb-e Islami insurgent Hezb-e Islami, Afghans have an- enough to establish law and order. group offers unique insights on other historic chance to bring an • Although several internal and exter- peacemaking in the modern era. end to years of conflict with the nal factors contributed to the conflict • This report, based on the author’s Taliban. The Afghan government’s and its current political and security experience working as a negoti- negotiations with Hezb-e Islami environment, a key factor has been ator during talks between the Af- provide important lessons that can weak Afghan leadership, exacerbat- ghan government and Hezb-e Isla- be applied to future peace negoti- ed by political frictions among elites. -
Afghanistan's Parliament in the Making
The involvement of women in Afghanistan’s public life is decreasing. Attacks, vigilantism, and legal processes that contradict the basic principles of human and women’s rights are the order of the day. The security situation is worsening in step with the disenchantment E MAKING H arising from the lack of results and functional shortcomings of existing democratic structures. In the face of such difficulties, we often forget who should create the legal underpinnings for the power in Afghanistan: the women and men in parliament who are working to build a state in these turbulent times of transition. To what extent will these elected representatives succeed in creating alternatives to established traditional power structures? What are the obstacles they face? What kinds of networks or caucuses are they establishing? This book, which is based on interviews of male and female members of parliament held in Kabul in 2007 and 2008, examines the reali- IN T pARLIAMENT ANISTan’s H ties of parliamentary work in Afghanistan. It shows how varied and G coercive the patterns of identification prevalent in Afghanistan can AF be, and it provides a rare opportunity to gain insights into the self- images and roles of women in parliament. ISBN 978-3-86928-006-6 Andrea Fleschenberg Afghanistan’s parliament in the making Andrea Fleschenberg Gendered understandings and practices of politics in a transitional country .) ED BÖLL FOUNDATION ( BÖLL FOUNDATION H The Green Political Foundation Schumannstraße 8 10117 Berlin www.boell.de HEINRIC Afghanistan’s parliament in the making Andrea Fleschenberg, PhD, currently works as research associate and lecturer at the Institute of Social Science at the University of Hildesheim, Germany.