The Constitutional Loya Jirga scheduled for December will deliberate over a proposed constitution that was drafted by a commission appointed by the Afghan Transitional Administration. There is very much hinging on the acceptance of a constitution, without which political parties cannot be formed and democratic elections cannot be held. But the draft constitution has already drawn scathing criticism from players across the political spectrum, and it appears doubtful that participants in the Loya Jirga will approve it (see "RFE/RL Afghanistan Report," 16 January, 3, 10, and 24 April, and 18 September 2003).
Ahmad Wali Masud, Afghanistan's ambassador to the United Kingdom and the younger brother of the late commander Ahmad Shah Masud, in telephone interviews with RFE/RL on 20-21 October, said he regrets that the constitution committee did not include "those national forces who have had some presence in Afghanistan."
"The draft constitution came out only two days ago and I have just gone through it. Let me just say that there will be a lot of debate, and there might be a lot of things that will have to be adjusted and corrected," he said. "This is a draft that has been prepared by the government. My idea was that a wider range of people should have prepared it. It's not going to be easy to sell this constitution."
Masud predicted the upcoming Loya Jirga will be "difficult" compared to the previous one: "Last time, it was only about who should be president and nothing else. So everyone came and they elected a president. This time, however, the Loya Jirga will be about the constitution. The constitution will play a basic, important part of everyone's life. It will regulate the lives of the people."
Too Much Power
Masud's main issue with the draft constitution appears to be that it concentrates "too much power in the hands of the president."
"There are probably about 23 items that talk about the power of the president. Too much power has been concentrated in the hands of the president. People will not readily accept that sort of power granted to one man. They will not feel secure, and they will feel vulnerable in the future," Masud said. "It is very dangerous to allow one man to wield such a vast amount of power, especially in Afghanistan. Whenever this has happened in the past, the man has turned into a dictator. We don't need another dictator in this country."
Masud said he believes power should be "spread around" in order to maintain "a balance of power." "We are trying to earn the trust of the people.... And eventually, we want to have one nation who believes in a common destiny. That is the point. If we have a constitution that divides the people rather than unites them -- this would be terrible," he said. "We need more time and more consultations with individuals from a broader range of the political spectrum to draft the constitution. This way, we can come up with a constitution that we can all put our faith in."
He warned: "If the constitution singularly reflects the narrow interests of one party, should another party come into power in the future, this constitution would be discarded. It is important that the constitution be respected by all."
While Masud did not criticize Karzai directly, he cast doubt on all the president's men. "There is no doubt about [Karzai's] desire to do something solid and effective for the country, but he has lost credibility," he said. "I have always said that he is lacking an effective cabinet and administration."
Masud said he believes the transitional government should do "more." "They must do something practical for the people if they want to gain the confidence of the people."
In this vein, Masud has proposed what he calls a "national agenda," which, he explained, is essentially a blueprint for rebuilding war-ravaged Afghanistan.
National Agenda
"The whole idea behind the national agenda is to start a confidence building process between the government and the people, so that the people can feel exactly where we are headed," Masud said. "The people were expecting a lot from the government, and very little of these expectations were met. The people are disenchanted."
For Masud, it is imperative that the government's affairs be made "transparent" and the "ruling circle" expanded to include a broader portion of the political spectrum (see "RFE/RL Afghanistan Report," 15 May 2003). "The people have the right to know how much the government has achieved and how much is yet to be delivered. The government must have more consultations with the people. The government cannot just say, 'OK, we've drawn up this constitution for you, so now you live with it,'" he said. "Extensive consultations are needed. It doesn't matter how long it takes – whether two years or three years."
Masud did not rule out the possibility of submitting his candidacy for president in the upcoming elections: "My main interest is to get the government to accept my national agenda. This is for the good of the country. If no one pays any attention to it, then I will have to opt for a different strategy. Either we go together, or we don't go together," he said.
Masud founded a de facto political party called Nohzat Milli-ye Afghanistan (National Movement of Afghanistan) in May 2002. But the official launch of its activities, despite the hype, never materialized, and there has been much speculation as to why Masud has indefinitely delayed the launch.
"The reason why I did not officially launch the party was because I have been trying to rally together some of the disparate forces in the country under a common vision and goal. I felt that it was only in this way that the party could be a truly national movement," Masud said. "About a month ago I submitted my national agenda to the government, and I am waiting for their response. If it is not accepted, then I will have to decide on another strategy. After all, if the government is reluctant, there are others who will rally around it."
Despite rumors alleging a rift between Masud and fellow members of Shura-ye Nezar -- Education Minister Yunos Qanuni and Defense Minister Marshall Mohammed Qasim Fahim -- Masud underlined his "good relations" with all parties in the country, which include cabinet ministers and factional leaders.
Referring to cabinet ministers, however, Masud insisted: "All members of the government are collectively responsible for the government's failures and successes." He did not elaborate. "I have proposed the national agenda in order to build a bigger, stronger movement. Hopefully, I will know in a few days' time."
(Tanya Goudsouzian is a freelance journalist who covers Afghanistan)