One Step Toward Democracy

New constitutions are nothing more than a long list of promises, and the constitution adopted in Afghanistan this month is no exception. That, however, should not dampen the Afghani people’s excitement or pride. After three weeks of intense debate and the near collapse of the talks on several occasions, the 502 representatives to the constitutional convention, or loya jirga, in Kabul approved, by a voice vote, a document that the international community is appropriately celebrated as “one of the most enlightened constitutions in the Islamic world,” according the U.S. Ambassador to Afghanistan. While the successful completion of this milestone should make us optimistic about the future, our celebration should be tempered by the realization that there is a long way to go if Afghanistan is to realize the promise embodied by this historic document.

In a region struggling to reconcile religious law with individual freedom, Afghanistan’s new constitution shines out as an example of the balance that can be struck between democracy and religion. The document that creates the Islamic Republic of Afghanistan is based on a system of civil law, but one in which no law may be contrary to the beliefs and provisions of Islam. It embraces the United Nations Charter and the U.N. Declaration of Human Rights. The document sets aside two representatives from each district—25 percent of the lower house—for women, who become equal citizens under the law. On the most contentious issue of ethnic equality, the new constitution recognizes the right of each ethnic group to use and teach its own language in areas where it is the majority.

Still, Afghanistan’s proud achievement will not be worth the paper it is printed on if it cannot be enforced. While Kabul itself is relatively stable, outside of the city individual tribal leaders wield enormous power, and until they are disarmed it will impossible to form a national government that can claim responsibility for the entire country. The international community cannot afford a failed state in Afghanistan and must work quickly to increase Kabul’s control of its surrounding territory.

Indeed, while progress is made to expand the government’s control, we can only hope that the dialogue produced by such a forward-looking document does not give way to traditional pressure when Afghanistan is called upon to choose a judiciary. A legal system filled with conservative judges intent on curbing individual freedom and exerting the influence of Islamic law would cripple Afghanistan’s early efforts at a pluralistic and democratic society.

With elections scheduled in June, time is running short for the United States to make good on its commitments to Afghanistan. While the challenges that remain may seem daunting, the passage of such a remarkable document gives us every hope that the Afghani people are closer to peace and stability than they have been in modern memory. Having come this far, the United States and the world must do their part to make sure that Afghanistan is in a position to make good on its constitution’s extraordinary promises.