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SLUG: 5-54652 Afghanistan Constitution Update
DATE:
NOTE NUMBER:

DATE=12/12/2003

TYPE=BACKGROUND REPORT

TITLE=AFGHANISTAN / CONSTITUTION UPDATE

NUMBER=5-54652

BYLINE=MICHAEL KITCHEN

DATELINE=KABUL

CONTENT=

VOICED AT:

///// UPDATES BKG5-54651; POSTPONING MEETING UNTIL SUNDAY. /////

INTRO: Five-hundred of Afghanistan's most prominent citizens are to meet Sunday to decide the nation's future form of government. V-O-A's Michael Kitchen reports from Kabul on some of the issues surrounding this historic gathering to adopt a new Afghan constitution.

TEXT: The constitutional grand council, or "loya jirga," marks a key turning point in the country's transition from the rule of the hardline Islamist Taleban regime - overthrown two-years ago by an alliance of U-S and dissident Afghan forces.

Under a massive white tent on the edge of the capital, citizens representing all 32 provinces and various special groups - such as women, scholars, and nomads - are to debate how the country should be ruled.

The delegates also include 50 members chosen by the transitional government's president, Hamid Karzai. The majority of these are former military commanders, many who played a key role in ousting the Taleban.

The biggest constitutional debate at the loya jirga centers on whether to concentrate power in the hands of a president or to have a parliament, which spreads power among Afghanistan's various political and ethnic groups.

Each side in this debate is well represented at the loya jirga.

Farooq Wardak, who heads the constitutional secretariat, believes consensus-building is what Afghanistan's traditional loya jirga system is all about.

/// WARDAK ACT ///

If they cannot bring agreement, who else can bring agreement? . I am confident there will be agreement at the end.

/// END ACT ///

The council begins with a plenary session, in which all the delegates meet to elect a chairperson and then divide into committees to discuss various aspects of the constitution.

Although former Afghan King Zahir Shah will serve as the loya jirga's nominal leader, the chairperson will wield the real power in terms of procedure and committee assignments.

And as Mr. Wardak notes, members of the transitional government will not take part in the council meetings.

/// WARDAK ACT 2 ///

This is . the first time in the history of this country that the state and the government and the cabinet have decided that we will not participate. We will only be observers.

/// END ACT ///

But a shadow of insecurity hangs over the loya jirga, as remnants of the Taleban regime and other elements opposed to the constitutional process have threatened violence.

Lieutenant Colonel Bryan Hilferty is spokesman for U-S military forces fighting Taleban insurgents inside Afghanistan.

/// HILFERTY ACT ///

The Taleban have made public proclamations that they want to disrupt the loya jirga. They would like to kill the delegates.

/// END ACT ///

In an effort to stem possible attacks on the gathering, the newly formed Afghan National Army is cordoning off the loya jirga site, while international peacekeepers have formed a security ring around the capital itself.

Tanks, armored cars, and gun emplacements can be seen at almost every intersection throughout Kabul.

U-S troops have launched a major offensive against insurgent positions, in an attempt to keep anti-government forces busy while the council meets.

The loya jirga is scheduled to last 10 days, but can be extended if the delegates choose to do so. (SIGNED)

NEB/HK/MK/JJ/RAE



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