Loya jirga (2003)

A 502-delegate loya jirga convened in Kabul, Afghanistan, on December 14, 2003, to consider the proposed Afghan Constitution. Originally planned to last ten days, the assembly did not endorse the charter until January 4, 2004. As has been generally the case with these assemblies, the endorsement came by way of consensus rather than a vote. Afghanistan's last constitution was drafted for the Democratic Republic of Afghanistan in November 1987. Because of strife within the assembly, the 2003 Loya jirga was dubbed, by some Afghans, the "loya jagra" ("big fight").

The Bonn Agreement of December 2001 required Afghanistan to draft and adopt a new constitution within 2 years. In October 2002, Interim President Hamid Karzai appointed a nine-member Constitutional Drafting Commission, chaired by then Vice-President Nematullah Shahrani. Over the next six months, this body drafted a new constitution, based largely on the 1964 Afghan constitution. The initial draft, written primarily by Abdul Salam Azimi (who would become Chief Justice of Afghanistan's Supreme Court in 2006) was not the subject of in-depth political consultation. In April 2003, Interim President Karzai passed a decree appointing a new 35-member Constitutional Commission and laying out a public consultation process. This commission travelled widely throughout the country and reworked the draft, which was not released to the public until November 2003, only weeks before the Constitutional Convention (Loya Jirga) was scheduled to begin. This process was supported by several international institutions that provided funding, mostly through the UN, and expertise.

In July 2003, a Presidential Decree outlined the process for delegate selection for the Constitutional Loya Jirga (CLJ), stating that there would be 500 delegates, 344 elected by caucus at the district level, 64 women elected by caucus at the provincial level, 42 delegates from refugee, nomad, and minority communities, and 50 people (25 men, 25 women) appointed by President Karzai. The delegates included activists such as Shukria Barakzai, who campaigns for women's rights.

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