1 Parliamentary Bulletin Volume I, Issue 5 1st of June 2007

REVIEW On 19 December 2005 provincial council elec- the Afghan Parliament tions were held on 18 came together for the September 2005. Af- first time in three dec- terwards, the first re- ades. The inaugural sults were declared on gathering began with a 9 October. Final results reading from the Koran were delayed by accu- and was followed by a sations of fraud, and brief speech by the were announced on 12 ageing former King Za- November. Former hir Shah, who was warlords and their fol- ousted in a coup in lowers gained the ma- 1973. “I thank God jority of seats in both that today I am partici- the Lower House and pating in a ceremony provincial councils. that is a step towards Women won around rebuilding 28% of the seats in the were eligible to vote after decades of fight- Lower House, six seats for the 249 seats of the ing. The people of Af- more than the 25% Wolesi Jirga, the Lower ghanistan will suc- guaranteed in the Af- House of Parliament, ceed!" the 91-year-old ghan Constitution and the 34 provincial Zahir Shah told the as- which was launched in councils. sembly to applause. 2004. Approximately The parliamentary and twelve million voters

EXECUTIVE SUMMARY OF APRIL 2007 In the month of April, MPs discussed the 68 women currently elected in the killing of Ajmal Naqshbandi by the parliament of Afghanistan, has the . Also the budget for the been suspended from parliament. year 1386 (2007/2008) was A relentless critic of the warlords discussed and approved. The media and assorted war criminals in the law was the next item on the agenda Karzai government, the legislators of the Lowe House in late April. The kicked Joya out after viewing a month of May 2007 will be television interview in which she remembered as the month that MP likened the parliament to a “zoo.” , the most outspoken of Several MPs accused Ms. Joya for 2

insulting them afterwards. In the expressed his concern and said that interview with Tolo-TV, MP Joya 85% of the foreign assistance compared members of the Afghan returned back to foreign countries. Parliament with animals by saying their colleagues were “worse than On the 5th of May, three cows and donkeys.” Lower House commissions (Interior, Defence and MPs also decided that a court of Security) of the Upper House were law would investigate this case. Ms. assigned to investigate the Joya was standing by her assassination of Senator Abdul comments and said that MPs did Saboor Farid. They will investigate not have the right to suspend her the murder in coordination with from the Parliament because she government security agencies. was representing the people of Abdul Saboor Farid, was prime . minister for a short time during the government of early During May 2007 also the media 1990s, he was also a renowned law was approved by the majority jihadi leader of the Hezb-e-Islami of members of the Wolesi Jirga in Kapisa province. He was gunned (lower house). It has to be adopted down near his residence in the by the Meshrano Jirga (upper northern Khairkhana suburb of house) now, which is said to have a on the 2nd of May. Fareed heavy agenda. Some observers was given an official government think the Media Law might not be funeral in the biggest mosque in scheduled within the next 2 or 3 Kabul. President Karzai and a months in the Meshrano Jirga. number of high ranking government officials attended the funeral.

MAY 2007 On the 6th of May, Upper House On the 2nd of May the Lower House senators approved the amended discussed the media law and reconciliation bill. Media reported relevant articles about the that Upper House Senators also ownership of media outlets. At the stressed on the need to negotiate end of the session, majority Lowe with Hezb-e-Islami Leader, House MPs voted against foreign Gulbudin Hekmatyar. Upper House nationals owning and operating Speaker, Mr. Mojaddedi accused media outlets in Afghanistan. Media foreign forces for not supporting reported that the Economic the reconciliation process. He said Commission of the Lower House that several attempts were made to criticized the amount of foreign bring the Taliban and join the assistance reaching Afghanistan. peace process but these efforts This Commission says that only were not backed by coalition 20% of the assistance reaches forces. Mujaddedi once again Afghanistan, the other 80% is lost accused ISI for interfering in the on the way. Mustafa Kazemi, the internal affairs of Afghanistan. Head of the Lower House Economic Commission said that only 200 On the 7th of May, Lower House million of 1 billion dollars reached MPs discussed as t hey said Afghanistan. During the Afghan theworsening situation of Afghan Development Forum, Finance refugees recently expelled from Minister Anwarulhaq Ahadi . A number of MPs asked the 3

government to take urgent procedure, 125 votes mean that he is measures and contact Iranian no longer considered by the Lower officials to stop expelling Afghan House as the cabinet minister. refugees against their well. On the However, these votes were counted 8th of May, the Lower House of the again for the second time, it was Afghan Parliament decided to take announced that 2 votes were not the issue of properly marked, which meant that seriously, after a number of MPs with 124 votes, Spanta was still the accused Minister of Foreign Affairs, Minister of Foreign Affairs but there Dr. Spanta and Minister of Refugees, were allot of shouting from MPs and Akbar Akbar, for neglecting the accusation of interference in voter problems faced by Afghan refugees cards. after being driven out of Iran. MPs asked both Ministers to appear The Deputy Speaker in the absence of before the Lower House and answer the Speaker announced that the questions on this issue. Obviously, decision on the plight of Spanta can the respected Ministers answers not be decided by votes and would were not convincing to Lower House have to wait for the general session MPs on this day and MPs decided to and MPs to make a decision in the call both Ministers the next day for following sessions. Akbar became the interpellation. first Minister that the Lower House voted him out of the cabinet with 136 On the 9th of May, the Minister of no confidence votes. Foreign Affairs tried to defend himself by saying that not much On the 12th of May, after a long could be done by a Foreign Ministry discussion which ended at 12:30 and of a war torn country, a part from after a small clash of bottle throwing engaging Iranian officials some and other items between a former months ago on the issue of Afghan communist and a former Mujahid MP, refugees, to ask them that they Lower House MPs voted in another should not expel many Afghans at round of voting for Spanta. In this once, and should reduce the round, Spanta received 141 no numbers to be expelled. He said that confidence votes, 73 confidence votes he was under pressure from his and there were 3 blank votes. 141 Iranian counter part on the issue of votes meant that Spanta is no longer the Salma Dam that is under the Minister of Foreign Affairs because construction in the western city of the Lower House took back its Herat and the the Hari Rud river. confidence vote given to Spanta almost a year and half ago. President He added that he was not bowing to Hamid Karzai, up on receiving this Iranian pressure and the expulsion news asked the Supreme Court to look of Refugees is also related to the at the decision of the Lower House of presence of foreign forces in the Afghan Parliament and compare it Afghanistan. Akbar also tried to with the constitution of Afghanistan. defend his work and his Ministry; however, Lower House MPs decided President Karzai was advised that this that a voting should decide the fate no confidence vote might have of both Ministers. In the first round shortcomings for the reasons that that of counting, Spanta received 126 no the Lower House MPs voted twice, confidence votes. In accordance with and in the second round the number of the Lower House internal rules of MPs increased and it is possible that 4

these extra MPs might not have to represent Afghanistan in official heard the argument of Spanta and meetings. Qanooni also said that their votes might not be legal and the Supreme Court has no right to also that there are no convincing have a say in this issue. Qanooni reasons for the no confidence vote. also criticized Spanta for his Therefore, there might be the need ignorance of a trilateral agreement to look at the decision of the Lower on the issue of refugees. Foreign House to see if it had breach the Ministry Spokesman, Baheen said constitution. to the media that this agreement was not between the Ministry of On the 13th of May, MPs meet to Foreign Affairs but rather between discuss the President's decision, the Ministry of Refugees of Lower House MPs asked the Afghanistan, UNHCR and the President to respect the decision of Iranian government. the Lower House or they would boycott the Lower House. Lower Lower House continued to work and House Speaker then decided that on the 19th of May approved more he would discuss this issue with the articles of the media law and President and brief MPs after. approved article 42 which is about the establishment of a media On the 14 and 15th of May, almost commission, to monitor the work of half of the MPs were absent from the media in accordance with this the house. On the 16th of May, law. It was also decided that the about 50% of the MPs discussed head of this commission would be the decision of the President and elected and not appointed. once again there were many MPs who expressed their unhappiness On the 21st of May, UNAMA (United with the decision of the President, Nations Assistance Mission) asked however, a number of MPs said the government to resolve a that lets wait for the decision of the constitutional dispute that has Supreme Court and then the Lower generated questions about the House should decide what to do but status of Spanta as the Minister of until then the Afghan people want Foreign Affairs. UNAMA spokesman, MPs to continue working and there Adrian Edwards said, "the UN's are many issues in front of the view is that under Afghanistan's Lower House to continue working, constitution, only the President can one of them being the media law. dismiss ministers. UNAMA says that At the end of the session MPs also for strengthening stability in decided that the Lower House Afghanistan there is a need to should call in a press conference clearly define the authority of the and explain to the media its President and the Afghan position. Parliament concerning cabinet ministers. The press conference was held by the Speaker of the Lower House, Majority Lower House MPs voted Younus Qanooni. He said to the and suspended the outspoken media that the Lower House Lower House MP, Malalay Joya's delivered a no confidence vote and membership in the Lower House Spanta from the point of the Lower until the end of the legislative House is no longer the Minister of term. MPs accused Joya for Foreign Affairs and he has no right insulting them in an interview with 5

a private television channel. In that the Lower House, he asked the is an interview Joya called Members of the Supreme Court for help and soon after independent MP and Afghan Parliament animals in the UNAMA stepped in and said that represents the province zoo and even said that they were according to the Afghan constitution worse than animals because some only the President had the right to of Kabul in the Lower animals were useful. suspend Ministers. There might be a House. Previously, she need as UNAMA says for defining the worked as the Founder Lower House also decided that this powers of the Afghan Parliament in and Editor of the issue would also be referred to the accordance with the constitution of Women's Mirror court of law because Joya's remarks Afghanistan or a lack of enthusiasm Weekly (Ain-e-Zan) also have a criminal side as well. could emerge amongst the members Malalay Joya held a press conference of the Afghan Parliament. However, to newspaper. and said the action of the Lower the credit of some wise MPs, who House was illegal because she asked the Lower House to continue represented the people of Farah working and let the President and the province and only they had the right Supreme Court to do their work. Lower to suspend her from the Lower House MPs continued to work and House. She also said that she would approved the media law. be happy to go to a human rights court. On the 22nd of March, Lower House approved the draft media law GUEST CONTRIBUTION after adding 16 new articles. Lower “The final approved House discussed the media law for a Written by Mrs. Shukria Barakzai, draft media law has month before approving it. MPs MP of Wolesi Jirga 11 chapters and 53 considered the addition of an article that would require the head of the articles. Considering media commission to be elected The fourth media law in Afghanistan that this law rather than appointed as a key was approved after long discussions amendment. The draft media law and plenty of concerns. The media law decreases was presented to the Lower House that was presented to the Lower House professional and with nine chapters and 42 articles, of the Afghan Parliament almost a after approval it has 11 chapters and month ago, initially had 9 chapters and journalistic concerns, 53 articles. In addition to the elected 42 articles. it was approved by the however some head, the media commission will Lower House with ambiguities; concerns are still have the following members: dealings and opposition. The final Ministers of Information and approved draft media law has 11 there. The media Telecommunications, representa- chapters and 53 articles. Considering commission is a good tives of the Justice and Hajj that this law decreases professional Ministries, as well as the Supreme and journalistic concerns, however example of Court, members of the Parliament, some concerns are still there. The participation of journalists associations and civil media commission is a good example society. of participation of government, civil government, civil society and journalists to draft a society and strategy for the Afghan media. There journalists to draft a CONCLUSION are two commissions in this law, the After the no confidence vote for media commission and the commission strategy for the Spanta and Akbar, there was a new for radio and television. The referral of Afghan media.“ atmosphere in the Afghan Lower those cases which are considered by House. Majority MPs seemed proud the media commission, violation of the of their decision. However, after the media law to the courts, is a good side President received this decision of of this law, which means that it gives 6

journalists a sense of security in The Media Law for Afghani- their work. However, disrespect, exaggeration and insult are stan - a remarkable step for- considered to be some of the ward ambiguities in this law, and in each instance observing the principals of Written by the sacred religion of Islam and Mr. E. Sucker, Deutsche Welle other religions have no specific definitions, except that the Despite some outstanding issues publication will be banned. and inconsistencies in the Wolesi Jirga version of the law, this draft The independent radio and is a remarkable step forward and television commission for the experts acknowledge the achieve- reason that it is no longer under ments of the wide debate and the the control of the government, active lobbying by MPs, national would have an interesting and international media and civil composition: two professional society organizations over the past journalists, a representative of civil months RTA, the National Radio society, one religious scholar, a and Television Afghanistan, has professional engineer and one been taken out of the control of the artist. It is indeed one of the best Ministry of Culture and Information and an interesting composition for which is a real accomplishment. a media outlet that would be The law provides for free, inde- funded by the government. pendent and pluralistic media, which is great. It also provides for However, this is not an indication of legal protection of journalists, and increased independence, equal the right of reply. opportunity for all and making radio and television a public There seem to be quite a few in- institution, which is difficult to say consistencies in the law. The role of that it would be effective in the Ministry of Information and Cul- competing with other electronic ture is not consistent throughout media. the law The High Media Council (HMC) has become an interesting Despite all the ambiguities and and complex body: On the one benefits, the draft media law is hand it proposes the appointment better than previous media laws in of the two commissions (and Afghanistan. However, there are clearly RTA is a welcome addition rooms for changes in the future. here), on the other hand it is tasked to scrutinize the budget of (30/05/2007, MP S. Barakzai) RTA. There is no reference to whether the HMC will do this di- rectly, or whether it will do so after the budget is referred to it by RTA commission. The composition has also become

complex with the addition of repre- sentatives from the Ministries of Justice, Hajj and Mosques. The mechanism for deciding the chair- manship of the Council is a step in 7

the right direction particularly be- Abdul Samad Khan cause the emphasis seemed to be Born in Kabul in 1961 Abdul Samad on its function as a policy-focused Khan graduated from the Afghanistan Eberhard Sucker, body. Military Academy. After the end of the Deutsche Welle Taliban regime he started to work with Hopefully clause 7 of this articles is foreign media organizations like BBC, Akademie Deputy just an oversight and that the Wolesi Süddeutsche Zeitung and Neue Zür- Project Director Jirga will notice and correct it (i.e. cher Zeitung. In 2003 he worked with European Consor- prepare RTA's annual budget). the EU Commission as a media analyst tium for the Re- then he served as a political officer at the Canadian Embassy for three years. form of RTA (BBC – DW – CFI) Since 2006 he is in charge of the Kon- rad-Adenauer-Foundation’s Parliamen- tary Program. He is fluent in English, and .

Dr. Babak Khalatbari Born in 1975 in Germany, he started his studies on the Middle East after his military service. He was a scholar of the Konrad-Adenauer-Foundation and studied at the University of Muenster, University of Cologne and Kuwait Uni- versity. Since 2005 he heads the Kabul Office of the Konrad-Adenauer- Foundation. He speaks German, Eng- lish, Arabic and some Dari.

“The law pro- vides for free, in- dependent and CONTACT pluralistic media, which is great. It Email: [email protected] Phone: +93 - 700 - 277943 also provides for legal protection of journalists, PARLIAMENTARY and the right of BULLETIN reply.”

The Bulletin covers on a monthly base issues discussed in the Afghan Parliament. Additionally, chosen Members of Parliament make a con- tribution to the bulletin on issues discussed in the previous month.