ЛОЙЯ ДЖИРГА В СИСТЕМЕ ПОЛИТИЧЕСКИХ ИНСТИТУТОВ СОВРЕМЕННОГО АФГАНИСТАНА

Abstract

The article is devoted to the analysis of Loya Jirga’s role and place in the political system of modern Afghanistan. General information about Jirgas in Afghanistan is provided because this institution replicates similar traditional tribal bodies on the national level. The author describes four possible types of Jirga in terms of participants and territorial coverage. Special attention is given to the analysis of constitutional rules which determine the powers of the Loya Jirga and its status in the political system of post-Taliban Afghanistan. Moreover, the author provides a brief characteristic of all the Loya Jirgas which have been organized since the overthrow of the Taliban regime. The article shows that in modern Afghanistan none of the convened Loya Jirgas have complied with the relevant constitutional rules. According to the Constitution of Afghanistan, the Loya Jirga must include “presidents of the provincial as well as district assemblies”. But this provision cannot be respected due to some difficulties in the conduct of elections in provinces and districts. That is why four Loya Jirgas, convened after the adoption of the Constitution in 2004, were called “consultative” or “traditional”. The issue of Loya Jirga’s legitimacy is also remaining relevant now. Apparently, Loya Jirga’s status in the political system of Afghanistan will remain the same in the short term. In conclusion, the author proposes two options for modern Afghanistan, when the Loya Jirga may be convened. The first one touches upon the issue of adoption of a hypothetical peace agreement with the Taliban and the second variant implies the convening of the Pashtun tribes jirga in the region of Afghan-Pakistani border to discuss vital issues.