Constitution Necessity Matters, But What Type of Constitution?
The constitution that was developed and approved via direct consultation with the public in 2001 was the result of a partial agreement between various parties, and it was hoped that this agreement would provide a context for interaction between traditional values and contemporary needs. That law was not flawless, but its strengths outweighed its shortcomings.
In that constitution, contrary to the principles of modern governance, religion was determined for the Afghan government to satisfy the conservative classes, and the ethnic groups living in the country were mentioned in a way that the order of superior and inferior ethnic groups was seen in it. The leading four ethnic groups, such as Hazara, Uzbek, Tajik and Pashtun considered themselves to be the main shareholders of power, at the beginning of the list and the phrase “other ethnic groups” at the end of the list, is an indication of the dominance of ethnic mentality over the creators of that constitution.
However, the 2001 Constitution also mentions the observance of the United Nations Charter and respects for the Universal Declaration of Human Rights, the establishment of a system based on the will of the people and democracy, and the creation of a civil society free from oppression, tyranny, discrimination and violence, strengthening the country’s political, social and economic foundations and providing a prosperous life and a healthy environment for all the country’s residents were among the fundamental goals of that constitution. The freedom of the natural right of man and the torture of man were forbidden. That law had revived hopes and it was expected that with the passage of time and the progress of the society, it would become a stable social contract among the country’s residents and prevent the society from falling into cycles of injustice, war and discrimination.
The Taliban are the banner of opposition to any law and social agreement, and they are hostile to all civil laws and regulations under the pretext of religion and divine decrees. They have targeted the foundations that Afghanistan was supposed to build on and become an active and responsible member of the world community. The Taliban have attacked the country with the scissors of takfir and the blade of jihad, and with the money and resources of ill-wishers and enemies of the country, they have killed and left ruins as much as possible. With the US troops total withdrawal and Administration collapse, the infrastructures on which billions of doors had been invested also collapsed and one of those infrastructure that is very negatively affected with the political changes and development has been the constitution which was one the very bold achievements of the last 20 years interventions of the international community in the country.
With seizing the power in August 2021, the Taliban announced their victory by canceling half-hearted laws and social contracts. They called and labelled freedoms a source of corruption, education a source of evil, the right to work and prosperity as secularism, and happiness and fun as a sin. Mullah Hibatullah, the leader of the Taliban, ordered that his words are the order of Sharia and no man-made law will be valid in the land where he is the Amir.
The Taliban emirate is not a civil and law-based government, but rather a tool of the Amir and his accomplices. Residents do not have the right to vote and civil liberties. In such a situation, Mullah Yaqoob, the Minister of Defense of the Taliban, has spoken about the necessity of creating a constitution. The constitution is undoubtedly a necessity, but the condition of making the constitution to restore the republic and the government is based on the agreement and vote of the citizens. The emirate cannot have a constitution, because the foundation of the constitution is the civil state. A government that is based on the rule of voting and facilitates participation of people in decision making and enables the environment for the people to question their representatives and government authorities. There cannot be a heavenly constitution. A constitution cannot be made from the amir’s decrees. If, for any reason, those in the Taliban ranks have realized that without a constitution, it is not possible to form a stable government, provide services, and gain the satisfaction of the people, they should stand with other forces supporting the legal government in building and establishing a public oriented government, otherwise, talking about the constitution of the Islamic Emirate, which In it, no man-made law has legitimacy, it is nothing more than deception and lies.