As the commission secretariat correctly pointed out, the October deadline for convening the CLJ was two months earlier than the date stipulated in the Bonn agreement of 2001 that established the rules and regulations of the transitional period of Afghanistan. As such, the December deadline still conforms to with the Bonn Agreement.

If intended to get the Afghan public more involved in its country's constitutional process and to ensure that the CLJ is as representative as possible, the delay might be a positive step. In fact, concerns regarding a lack of adequate public participation in the constitutional drafting process as well as Kabul's inability to ensure that delegates of the CLJ are not forced to toe the line drawn by the country's respective warlords and regional leaders suggested as early as January that the process ought to be delayed: "Rather than presenting a highly idealized but unworkable and potentially divisive draft constitution, the CDC [Constitution Drafting Commission] and its supporters may wish to bring some changes to the timeline provided to them by the Bonn Agreement, and work transparently on a new and workable vision for Afghanistan" (see "RFE/RL Afghanistan Report," 16 January 2003).

Unfortunately, however, the principle factors behind the current delay do not seem to include the issue of public participation or concern about the lack of security. The driving force in the delay appears to stem from disagreements between various factions within the Constitutional Commission and some (especially conservative religious) elements outside the commission. Reports have indicated that various ulama (religious scholars) have demanded, for example, that the term "democracy" be omitted from the new constitution. Others have recommended draconian measures regarding the rights of women (see item below). There might be other points of contention surrounding the preferred form of government, including the issue of federalism, the role of Shi'a schools of jurisprudence, and other areas. No one knows for certain, because the entire constitutional process has been shrouded in secrecy and kept from the very public in whose name the document is being drafted -- the public it is meant to represent.

Whither The Draft?

If the aim of the delay is truly to provide time to review the questionnaires, then why is the draft of the constitution -- due to be made public on 1 September -- still being kept secret?

In welcoming the postponement of the CLJ, the Kabul newspaper "Mosharekat-e Melli" commented on 2 September that while the constitution originated in the minds of politicians and legal experts, until "it is endorsed by the free votes of the nation,... it cannot be called a constitution or national pledge." The paper added that the postponement of the CLJ has provided an "opportunity for making public the amended draft of the constitution to enable the people to criticize and dissect the law that they are going to approve." Finally, "Mosharekat-e Melli" warned that if the Constitutional Commission "does not manage to put the draft of the constitution at people's disposal, it may strike a heavy blow to its credibility."

Perhaps -- propitiously for Afghanistan -- the Constitutional Commission will produce a rabbit out of its hat that will be accepted by the majority of Afghans. But if the rabbit that emerges is not favored by the majority of Afghans, who today are not being heard in some corners of the country, then a golden and perhaps final opportunity to shape their country into a forward-looking and inclusive society with respect to their traditions and religious beliefs might be missed.

As Afghan Transitional Authority President Hamid Karzai stated in an interview with the "Financial Times" of 23 April, a "constitution will be meaningless without a central army, a central police force, without the measures that are necessary to give the Afghan people the freedom to exercise their right to vote." Another two months is insufficient time to provide Afghanistan with a central army and a central police force. However, it might provide adequate opportunity to allow Afghans to exercise their right to vote for their own constitution.

But they should first be made aware of what they are voting on.