Constitution Writing & Conflict Resolution
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Afghanistan 1987

Beginning in December 1979, 100,000 Soviet troops were sent to Afghanistan to help a pro-Soviet government in Kabul that had seized power in 1978. A civil war raged between the government and the mujahadeen, who controlled most of the countryside. In the midst of this civil war, the government, which had ruled by decree, concluded that it needed greater legitimacy. An executive-appointed commission hastily crafted "Basic Principles of the Democratic Republic of Afghanistan" between March and April 1980. The Revolutionary Council approved the document and promulgated it as an interim constitution. None of its content was made public prior to its adoption. The Revolutionary Council was also given authority at this time to convene a Loya Jirgah to ratify a new constitution, but no timetable was stipulated.

On February 26, 1986, a 75-member commission created by the Revolutionary Council and appointed by its Presidium was charged to prepare a draft constitution for submission to a Loya Jirgah. The commission's members included representatives from the one political party plus major social and economic groups and local authorities. Attempts were also made to obtain religious representation. President Najibullah even asked the mujahadeen, with whom he was at war, to participate, but they viewed the entire enterprise as illegitimate and dismissed the offer. Beginning in March 1986, a working committee selected by this commission prepared a first draft, completing its task in April 1987. In the process, the committee reviewed constitutions from socialist and Islamic countries. From July through September 1987, after the draft was published, there were meetings to discuss the document in workplaces, mosques, and social organizations, and opportunities were provided to submit comments to the commission. The media hosted additional commentary and debate. Significant changes resulted, including a reduction in the powers of the president.

A 1500-member partially elected and partially appointed Loya Jirgah convened in November 1987 to consider, then ratify a final draft. The body gave its assent on November 30, 1987. During all this time, a bitter war raged. Hundreds of thousands had fled the country. During the deliberations by the Loya Jirgah, Kabul was shelled.

Result: In 1988, Soviet troops began their withdrawal, completed by February 1989. The pro-Soviet government survived for a few years, but, along with its constitution, it finally fell on April 15, 1992.

 

 

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