Debate on draft constitution kicks off

Following Monday's unveiling of Afghanistan's draft constitution; Afghan observers said the historic document had positive and negative sides. "It [the new constitution] has some very good and promising aspects while there are some negative aspects as well," Professor Abdul Kabir Ranjbar the president of lawyers union of Afghanistan told IRIN on Tuesday. The draft constitution envisages a strong presidency, elected directly by the people through fair and transparent means and reaffirms the nation's links with the Islamic faith. The draft - 12 chapters and 160 articles long- starts by declaring that "Afghanistan is an Islamic Republic". If the constitution is adopted, the presidential term would be for five years and limited to two terms. The position of prime minister was included in previous versions but was cut from the final draft. "After sharing the draft with people and having meetings and discussions we got a majority opinion that it should be presidential, because a prime minister could emerge as a political and military rival to the president," Musa Maroofi, a co-author of the draft constitution, told IRIN. Some observers argue a strong presidency could foster authoritarianism, as it has done elsewhere in the region. "A presidential system is dangerous after decades of totalitarian regimes, it is more likely that giving so much authority to a president will eventually lead to another dictatorship," Ranjbar underlined, emphasising that only a parliamentary system with a president and prime minister to be elected by parliament would lead Afghans towards democracy, unity and sustainable prosperity. There was been widespread consultation on what Afghanistan's new constitution should look like. A 35-member constitution commission, which started work last year, drafted the new document and sent half a million questionnaires to the public and held countless meetings in villages across the country seeking input. The draft will be debated by a Loya Jirga or grand assembly next month which would pave the way for general elections scheduled for the middle of next year. The draft states that Islam is the official religion of Afghanistan while followers of other faiths are free to perform their religious ceremonies as long as these do not undermine Islam. "In Afghanistan no law can be contrary to the sacred religion of Islam and the values of this constitution," it states, while not directly referring to Shariah law, a positive sign, say Afghans who do not want another extremist Taliban-like government in Kabul. "I don't think it was necessary to mention 'Islamic' republic of Afghanistan' as it is undeniable that we are Muslims for over a thousand of years and the first article clearly mentions that Afghanistan's religion is Islam and no law can be contrary to Islam," Ranjibar said, warning that such statements enshrined in the constitution could be used to promote extremism in the future. But hardliners have sought assurances that the constitution will not turn Afghanistan into a secular state. This view was underlined by the country's conservative chief justice, who stated prior to Monday's unveiling of the draft that the new law governing this traditional and devout nation had to be in keeping with the Koran. "The title of Islamic Republic meanwhile had been strongly demanded during last year's emergency Loya Jirga," Maroofi said.