Afghanistan Loya Jirga

A loya jirga (Pashto: لويه جرګه‎) is a type of jirga regarded as "grand assembly," a phrase in the Pashto language meaning "grand council." A loya jirga is a mass meeting usually prepared for major events such as choosing a new king, adopting a constitution, or discussing important national political or emergency matters. It is also used for resolving disputes in Afghanistan, but also in the Pashtun areas of Balochistan, Khyber Pakhtunkhwa and FATAin Pakistan.[1] In Afghanistan, the loya jirga was originally attended by the Pashtuns, but later included other ethnic groups. It is a forum unique among the Pashtun tribes in which, traditionally, tribal elders meet together.[2]

History 

The ancient Aryan tribes, who are hypothesized to have spoken Proto-Indo-Iranian, came down in intermittent waves from Central Asia and Afghanistan and then moved to ancient India (in the early 2nd millennium BC). They practiced a sort of jirga-system with two types of councils – simite and sabhā. The simite (the summit) comprised elders and tribal chiefs. The king also joined sessions of the simite. Sabhā was a sort of rural council.[3] It was used over time for the selection of rulers and headmen and the airing of matters of principle. From the time of the great Kushan ruler Kanishka to the 1970s, there were sixteen national loya jirgas and hundreds of smaller ones.[4] The institution, which is centuries old, is a similar idea to the Islamic "shura", or consultative assembly.[2]

In the Afghan society, the loya jirga is still maintained and very strongly practiced, mostly in front of tribal chiefs or with them to solve internal and external tribal problems or disputes with other tribes.

When the Afghans took power they tried to legitimize their it with such a Jirga. While in the beginning only Pashtuns were allowed to participate in the Jirgas, later other ethnic groups like Tajiksand Hazaras were allowed to participate as well, however they were little more than observers. The member of the Jirgas were mostly members of the Royal Family, religious leaders and tribal chiefs of the Afghans. King Amanullah Khan institutionalized the Jirga. From Amanullah until the reign of Mohammed Zahir Shah (1933–1973) and Mohammed Daoud Khan (1973–1978) the Jirga was recognized as a common meeting of regional Pashtun leaders.

The meetings do not have scheduled occurrences, but rather are called for when issues or disputes arise.

There is no time limit for a Loya Jirga to conclude, and the meetings often take a long time because decisions can only be made as a group and arguments can drag out for days. Many different problems are addressed, like foreign policy, declarations of war, the legitimacy of leaders, and the introduction of new ideas and laws.

Afghanistan 

Some of the historical loya jirgas in the history of Afghanistan are:

1707-1709 — Loya jirga was gathered by Mir Wais Hotak at Kandahar in 1707, but according to Ghulam Mohammad Ghobar it was gathered in Manja in 1709.[5]

October 1747 — A jirga at Kandahar was attended by Afghan representatives who appointed Ahmad Shah Durrani as their new leader.

September 1928 — A jirga at Paghman, called by King Amanullah, the third loya jirga of his reign (1919–1929) to discuss reforms.

September 1930 — A jirga a meeting of 286 called by Mohammed Nadir Shah to confirm his accession to the throne.

1941 — Called by Mohammed Zahir Shah to approve neutrality in World War II.

1947 — Held by Pashtuns in the Tribal Agencies to choose between joining India or Pakistan.

July 26, 1949 — Afghanistan-Pakistan relations rapidly deteriorated over a dispute, officially declared that it did not recognize the 1893 Durand Line border any longer between the two countries.[6]

September 1964 — A meeting of 452 called by Mohammed Zahir Shah to approve a new constitution.

July 1974 — A meeting with Pakistan over the Duran Line.

January 1977 — Approved the new constitution of Mohammed Daoud Khan establishing one-party rule in the Republic of Afghanistan.

April 1985 — To ratify the new constitution of the Democratic Republic of Afghanistan.

September 2001 — Four different loya jirga movements anticipating the end of Taliban rule. Little communication took place between each of them.

The first was based in Rome around Mohammed Zahir Shah, and it reflected the interests of moderate Pashtuns from Afghanistan. The Rome initiative called for fair elections, support forIslam as the foundation of the Afghan state, and respect for human rights.

The second was based in Cyprus and led by Homayoun Jarir, a member of the Islamic Party of his father-in-law, Gulbuddin Hekmatyar. Critics of the Cyprus initiative suspected that it served the interests of Iran. The members of the Cyprus initiative, however, considered themselves closer to the Afghan people and regard the Rome group as too close to the long-isolated nobility.

The most significant was based in Germany, which resulted in the Bonn Agreement (Afghanistan). This agreement was made under United Nations auspices, established the Afghan Interim Authority and paved the way for the later jirgas that established the Constitution of Afghanistan.

A lesser initiative based in Pakistan. 

June 13, 2002 - July 13, 2002, The 2002 loya jirga of Afghanistan elected Hamid Karzai to oversee it. This was possible only because in the fall of 2001, Karzai was able to successfully lead one of the largest southern Afghanistan tribes against the draconian rule of the Taliban. The Loya Jirga was organized by the interim administration of Hamid Karzai, with about 1600 delegates, either selected through elections in various regions of the country or allocated to various political, cultural, and religious groups. It was held in a large tent in the grounds of Kabul Polytechnic from June 11 and was scheduled to last about a week. It formed a new Transitional Administration that took office shortly thereafter.

December 2003 — To consider the Proposed Afghan Constitution. See 2003 Loya jirga.

2006 — Afghan president Hamid Karzai said that he and the Pakistani president will jointly lead a loya jirga to end a dispute over border attacks.[7]

December 2009, after his disputed re-election, President Hamid Karzai announced to move ahead with a plan for a loya jirga to discuss the Taliban insurgency. The Taliban was invited to take part in this Jirga.[8]

June 2010, at Kabul, in which around 1,600[9] delegates of all ethnic groups attended for a peace talks with the Taliban.[10]

November 2013, at Kabul, in which around 3,000 are expected to attend to discuss the status of forces beyond 2014.[11]

Pakistan[edit]

On April 29, 2006, former Balochistan Chief Minister Taj Muhammad Jamali offered to arranged a meeting between President of Pakistan Pervez Musharraf and a loya jirga (grand jirga) for peace in Balochistan.[12] A Grand jirga was held at Kalat in September 2006 to announce that a case would be filed in the International Court of Justice regarding the sovereignty and rights of the Baloch people.[13][14][15][16]