Review of Afghanistan Developments
The Concept and History of Loya Jirga in Afghanistan
“Loya Jirga” is a term formed from two words originating in Persian and Pashto. In this instance, “Loya,” a Pashto word, signifies “great,” and “Jirga,” a Persian word, denotes an assembly or gathering or literally means council.
Within Afghan political literature, Loya Jirga signifies the Great Council, representing a substantial assembly of ethnic and religious leaders in Afghanistan. Throughout Afghan history, the Loya Jirga has predominantly been summoned by the king or president, with its participants being selected through election or appointment.
The first Loya Jirga was conducted in Kandahar during the month of September in 1747, after the assassination of Nader Shah Afshar at the hands of Ahmad Shah Abdali. This assembly resulted in Ahmad Shah Abdali being elected as king and was fundamental in determining the future of the newly formed country of Afghanistan.
Position of the Loya Jirga in Pashtun traditions
Afghanistan, being a country rooted in tradition and tribal customs, regards Jirgas as a vital customary institution. These Great Councils predominantly illustrate the role and influence of elders in the socio-political dynamics and progress of the country.
From a genealogical perspective, the Loya Jirga functions to mediate conflicts between Pashtun tribes and clans. In accordance with tribal customs, Pashtuns, particularly in the eastern regions of Afghanistan, have established permanent Jirgas that act as platforms for resolving diverse social issues, including criminal cases. Non-Pashtun groups in Afghanistan, on the other hand, predominantly use terms like Shura, local council, and consultative council.
From a sociological perspective, the Jirga is closely associated with tribal customs. Afghan scholars assert that the Jirga represents a manifestation of tribal power, necessitating that Afghan leaders align their decisions with its influence. The Jirga’s characteristics in Afghanistan, regarding its application and decision-making breadth, can be categorized into local, ethnic, and national Jirgas.
The local Jirga is regarded as the most effective form of traditional governance in both villages and neighborhoods. Local Jirgas are typically established to mediate local disputes. In contrast, ethnic Jirgas are formed to address conflicts and significant issues that occur among multiple ethnic groups. The Milli Jirga, also referred to as the Loya Jirga (Great Council), is the largest assembly of elders and key ethnic and social figures in Afghanistan, convened during times of national crisis.
The position of the Loya Jirga in the Afghanistan political framework
Throughout the last hundred years, the Loya Jirga has been granted a distinguished position within Afghanistan’s constitutional history. Starting with the first Afghan constitution, the Nizam-e-Nameh of the Supreme State of Afghanistan (1924), and culminating in the republican era constitution, seven constitutions have been sanctioned by the Loya Jirga.
The constitution promulgated by Zahir Shah, the last king of Afghanistan in 1964, granted the Loya Jirga the authority to appoint the successor to the throne. The subsequent constitutions of 1976, 1987, and 1990 assigned the Loya Jirga the responsibility of electing the president and accepting resignations from the presidency. In 1976, the Loya Jirga confirmed Sardar Daoud Khan’s presidency while simultaneously approving the constitution. This occurred again in 1987, when Dr. Najibullah was elected president following the Loya Jirga’s endorsement of a new constitution. During his two terms, Hamid Karzai convened four consultative Loya Jirgas, whereas Mohammad Ashraf Ghani held two.
A review of the historical functions of Loya Jirgas over the last hundred years demonstrates that Afghan governments have utilized Loya Jirgas on seven occasions to sanction constitutional laws, six times to formulate foreign policy, and at least twice to make significant domestic decisions. The most recent Loya Jirga was convened in Afghanistan in 2020 to discuss the release of Taliban prisoners.
Pros and cons of the Loya Jirga
Investigating the Loya Jirga’s influence on Afghanistan’s social and political customs demonstrates that this institution enjoys substantial social and political benefits. Regardless of this matter, there is a clear opposition between public opinion and the Afghan elite in relation to the Loya Jirga in Afghanistan.
Certain individuals regard the Loya Jirga as the most ancient tradition within the nation, referring to Afghanistan as a land of Jirgas. They view the Loya Jirga as playing a significant role in crucial national decisions. Renowned Afghan historians, including Mir Ghulam Mohammad Ghobbar, Abdul Hai Habibi, and Ali Ahmad Kohzad, along with other nationalist scholars, assert that the Loya Jirga and the formation of government through Jirgas have persisted throughout the three historical eras of Ariana, Khorasan, and Afghanistan.
Setting aside historical considerations, the merits of the Loya Jirga can be evaluated through the functionalist perspective in sociology. This perspective suggests that the endurance of any phenomenon is linked to its practical function and role. A tool or practice that lacks utility is typically abandoned. Consequently, it is reasonable to conclude that the Loya Jirga’s position and impact in Afghanistan would not have endured without its effective involvement in social customs and the resolution of significant issues facing the nation. Furthermore, the Jirga aligns with the tribal nature and structure, a customary and social trait that remains resilient in Afghanistan.
There exists a perspective that views the Loya Jirga as a recent, post-colonial development, employed by those in power to justify their official policies. Critics contend that the Loya Jirga has never accurately represented the ideals and opinions of the Afghan citizenry, instead serving as a tool to legitimize governmental decisions and age-old tribal traditions. Moreover, a key criticism of the Loya Jirga in Afghanistan is the clash between its traditional role and the modern socio-political mechanisms. Developing nations are working to institutionalize contemporary legal processes, such as parliaments and public referendums, utilizing scientific methods.
The Final word
Social phenomena that arise from traditional social contexts present both relative merits and demerits. A rigid, black-and-white perspective on these phenomena, including the Loya Jirga, is inaccurate. Expert analysis demonstrates that the Loya Jirga in Afghanistan has played a dual role, effectively promoting democratic reforms as well as simultaneously legitimizing the ambitions of those in power.
Historical records indicate that the Loya Jirga, at a pivotal moment in history, resisted the democratic reforms proposed by former Afghan King Amanullah. Subsequently, the Loya Jirga endorsed the authoritarian regime in Afghanistan by ratifying the monarchy of Nader Shah and his preferred constitution. During Zahir Shah’s reign, the Loya Jirga supported his democratic initiatives, marking a significant period for Afghanistan. However, in 1976, the Loya Jirga once again aligned with authoritarianism by endorsing the coup led by Mohammad Daoud, who was subsequently appointed as president. Following the collapse of the Taliban first government, the Loya Jirga played a crucial role in advancing democracy within the Afghan political framework by endorsing a new constitution.
The Loya Jirga’s role and activities in the last hundred years have reflected the socio-political context and the views of the Afghan people. In summary, the Loya Jirga has embodied the unified spirit of Afghanistan throughout its history.
Regardless of the historical merits and drawbacks of the Loya Jirga, this traditional gathering has, in specific situations, provided a platform for collective dialogue in Afghanistan. In a politically constrained setting, the inherent qualities of dialogue and collective discussion can contribute to a partial resolution of national problems. This is why some people support the Taliban government’s decision to hold the Loya Jirga as a means to address pressing issues in Afghanistan.
