Frequently asked questions about the Loya Jirga process

On 10 June, some 1,500 Afghan men and women will gather in the capital, Kabul, for six days to discuss the future of their country. The outcome is crucial for the future of Afghanistan. This meeting will be the Loya Jirga, a uniquely Afghan institution designed to resolve national questions. Afghanistan's former monarch, Muhammad Zahir Shah, returned to Kabul on Thursday after nearly 30 years in exile to a hero's welcome. He will open the event. IRIN talked to leading Afghanistan experts to answer common questions about the Loya Jirga. QUESTION: What is a Loya Jirga? ANSWER: The term Loya Jirga is a combination of two words from one of Afghanistan's national languages, Pashto. "Loya" meaning grand or big, and "Jirga" meaning council, assembly or meeting. The institution of Loya Jirga evolved from the institution of Jirga, which is usually a council of elders in Afghanistan's tribal groups - particularly the Pashtuns - to settle disputes and deal with other day-to-day problems of living. Loya Jirga is a political institution unique to Afghanistan. It was the highest consultative body with broad representation and has been used to decide upon the matters of national importance, such as declarations of war or adopting treaties of peace, selection of a new ruler or adopting a new constitution, approving reforms and all important foreign policy decisions since the mid-18th century. In short, the forum represents the general will of the Afghan people. Q: How does the Loya Jirga process work? A: There is no elaborate, agreed upon universally acceptable process for a Loya Jirga. Historically, there have been two types of Loya Jirgas, one that was organised by the people to respond to a grave crisis such as a declaration of war or organising response to foreign occupation. Other Loya Jirgas were called by governments or monarchs to institute reforms and constitutions or to gain popular legitimacy for their policies. In the past most of the members of Loya Jirgas were nominees, tribal elders, religious scholars and prominent members of Afghan civil society and government. The 1964 Afghan constitution included the provision of the Loya Jirga process for resoving national questions. However, the upcoming emergency Loya Jirga in June will be an elaborate process and has a mandate from the UN-sponsored Bonn agreement. The 21-member Special Independent Commission for the convening of the Loya Jirga was selected by the UN, which in turn had worked out elaborate procedures for the election of the Loya Jirga members. Q: How have Loya Jirgas helped to resolve national questions in the past? A: A Loya Jirga held in the southern Afghan city of Kandahar in 1747 selected a tribal elder Ahmad Shah Durrani as the ruler and founded the Afghan empire, thereby establishing the basis for the Afghanistan that exists today. The Loya Jirgas of 1915 and 1941 made the critical decisions for the country to remain neutral during the two World Wars, while the Loya Jirgas of 1924 and 1964 rectified constitutions. To resolve the current crisis in Afghanistan, the Bonn agreement envisaged two Loya Jirgas, an emergency Loya Jirga in June and a constitutional Loya Jirga after two years. Q: Is it as democratic as a general election? A: Most of the Loya Jirgas in the past were participated by people representing the Afghan people. As a historical precedent, most of the decisions of the Loya Jirgas were generally accepted. The process was not based on any kind of universal franchise, but the event often symbolised the tribal egalitarianism in the country. Q: Could powerful warlords derail the process? A: This depends on the will and commitment of the international community. The country now has a political road map, and most of the warlords do not see any future in a democratic set-up. Already attempts have been made to derail the Bonn process, but the arrangement has worked well in terms of its acceptability by the common people. Q: Why have a certain number of seats been reserved for women, nomads etc? A: There are different reasons for such reservations. In the case of women, the Loya Jirga commission "discriminated positively" to ensure a strong representation by women in this conservative and male-dominated Afghan society. Nomads, who have to move frequently in search of water and pasture, have been allotted special seats guaranteeing their participation. Other groups such as internally displaced people, technocrats, clergy, refugees and diaspora have been allotted special quotas to give them representation and make the event more broadly based. Q: What happens if a consensus on names to go forward to the Loya Jirga cannot be reached at local level? A: The whole idea of Loya Jirga is about consensus building through discussion, deliberation and debate. The Loya Jirga commission has drafted elaborate rules and procedures to settle disputes and avoid deadlocks. Q: What happens after a Loya Jirga? A: The emergency Loya Jirga in June will elect the head of the Afghan Transitional Administration and approve the proposals for the structure and key personnel of that administration, which will govern the country for about 18 months. Q: What role does the UN have in facilitating the Loya Jirga process? A: The Bonn agreement on the country's political future was a result of the UN-sponsored intra-Afghan talks last December. The UN also selected the 21-member Loya Jirga commission. The United Nations Assistance Mission to Afghanistan is facilitating the whole process in close coordination with the Loya Jirga commission. Q: Could this model be used elsewhere to form governments? A: It's very difficult to ascertain. However, the idea of having forums to facilitate dialogues could help in forming governments, especially in post-conflict situations such as in Afghanistan. Q: Is this form of representation used anywhere else today? A: Loya Jirga remains confined and is indigenous to Afghanistan. However, elements of the process and the basic purpose of having it are common across the globe.