AFGHANISTAN: RETHINKING THE CONSTITUTIONAL BALANCE OF POWER

Eurasia Insight:

Aunohita Mojumdar: October 2, 2009

As the international community, specifically the NATO allies, wrestles with the need to develop yet another military strategy in Afghanistan, some domestic political leaders in the strife-ravaged country are starting to question whether a highly centralized government is the best system for the present, challenging times.

The recently conducted presidential election, a vote marred by widespread fraud, has helped catalyze the nascent constitutional debate inside Afghanistan. [For background see the Eurasia Insight archive]. Domestic critics of President Hamid Karzai believe the reports of massive vote-tampering on behalf of the incumbent shows that the strong-presidential system is detrimental for Afghanistan. They are calling for an urgent redistribution of power -- from the central government to the regions -- in order to prevent Afghanistan's democratization process from careening off the rails.

Not surprisingly those supporting the idea of devolving power from Kabul to the regions tend to be political opponents of the president. Among these critics is the governor of northern Balkh Province, Gen. Atta Mohammad Noor. Though originally appointed by Karzai, Atta was a strong supporter of the president's main rival in the presidential vote, Dr. Abdullah Abdullah.

"This is one of the reasons why I supported Dr Abdullah," Atta said during a recent interview with EurasiaNet. "If one man has too much power it is a totalitarian system, and not a democracy. Rights will not be given, liberty is in question and there is no balance and no justice."

The final election result has yet to be confirmed. Even so, Abdullah, in comments to EurasiaNet, talked like Karzai's reelection was not in doubt. Even if he didn't prevail in the election, Abdullah vowed to press ahead with an initiative to create more of a confederal system in Afghanistan.

While the fine points of Abdullah's vision remain vague, his general framework emphasizes a need for the decentralization of power, in particular the direct election of governors. He also expressed a desire to establish a commission that could resolve constitutional disputes. Abdullah is convinced that the existing system is overly centralized, and, therefore, prone to abuse of power.

"It is difficult", he said, "for a person who believes in democracy to go along with a system where everyone from the minister to the district governor works under the orders of the commander in chief."

The key for Afghanistan's future stability will be a system that deemphasizes the importance of the personality at the top of the political pyramid, and which instead stresses transparency and strengthens respect for institutions, he asserted. "Then it [wouldn't] matter so much who comes and who goes [via elections]. The system [would] be in place," Abdullah said.

Under Afghanistan's current presidential system, power is highly concentrated in the chief executive's office, leaving regional officials with little political, administrative or financial authority. Governors of provinces are appointed by the president. Provincial councils -- elections to which were held concurrently with the August presidential vote, but which have received scant media coverage -- have no powers and barely any role in the management of local affairs. District council elections have yet to be held.

The system may not be ideal, but now is no time to be tinkering, some prominent politicians say, including the governor of Wardak Province, Halim Fidai. In an interview with EurasiaNet, the Wardak governor said a strong presidential system offered the democratization process the best chances of success, given the current circumstances.

"A strong centralized government must be supported by the international community," Fidai said. "The problem is the international community is looking at Afghanistan from its own perspective and not the perspective of Afghanistan."

"People are criticizing a centralized system that has not yet been [fully] implemented," he continued. "A [confederal] system would disunite and disintegrate the country. It would create more warlords; unqualified people would be [elected] as governors."

Fidai's voice carries added authority because he is viewed as someone with whom the international military and diplomatic community can work. Wardak Province, thanks in large measure to Fidai's leadership, has emerged as a proving ground for pilot programs, including the controversial "AP3" project -- officially known as the Afghan Police Protection Force Program -- which seeks to arm communities to defend themselves.

An existing problem with the appointment of governors is that local interest groups have excessive influence, Fidai suggested. "The appointees should be picked by the president alone in accordance with criterion of qualifications for the post," he added.

Although emphasis should remain on the concept of centralization, Afghanistan's governing system could benefit from some decentralization. "The local governance systems should have the authority to make government officials accountable," Fidai said.

It is clear that the international community is disenchanted with Karzai's management style. Nevertheless, every indicator suggests that the United States and its European allies aren't about to support an effort to reform Afghanistan's political system at a time when an external threat, in the form of the Taliban insurgency, is eroding domestic security.

The United Nations' September 30 dismissal of Peter Galbraith, who had been the No. 2 UN diplomat in Kabul, suggests that the international community is coming around to the position of overlooking the massive fraud in the August presidential vote, and giving its blessing to Karzai's reelection. Galbraith's earlier efforts to adopt a hardline stance on the fraud issue, demanding a wide-scale recount, was apparently responsible for his dismissal. [For background see the Eurasia Insight archive]. The Galbraith incident suggests that the international community is circling the wagons around Karzai, perhaps because they see no better available options, and hoping for the best.


Editor's Note: Aunohita Mojumdar is an Indian freelance journalist based in Kabul. She has reported on the South Asian region for the past 18 years.