Daily Times

Afghan politicians, military commanders and civil society recently expressed deep concern about the suspension of the Constitution by the unity government, which could develop a negative political and military approach towards stability and governance challenges in the country. They criticised both the presidents who acted ultra vires and followed the streak of the road map provided to them by US Secretary of State John Kerry in 2014, which led the country towards anarchy, insecurity, mass migration and dismemberment. In dozens of remote districts and provinces, tribal leaders, MPs and members of local councils have also refused to accept the unconstitutional instructions of the unity government as both the presidents allegedly promote a foreign agenda, support terrorism and appoint cronies of war criminals to important posts, which they think is a clear violation of Article 66 of the Afghan constitution. On the question of legitimacy, a London-based Afghan lawyer and expert, Mr Miftahuddin Haroon, categorically said that the present government in Kabul is illegal as President Ashraf Ghani has not touched a single article of the Constitution for amendment to create the post of chief executive. However, President Ghani, while assuming office, took the following oath according to Article 63 of the Constitution: “In the name of God, Most Gracious, Most Merciful, I swear by the name of God Almighty that I shall obey and protect the holy religion of Islam, respect and supervise the implementation of the Constitution as well as other laws, safeguard the independence, national sovereignty and territorial integrity of Afghanistan, and in seeking God Almighty’s help and support of the nation, shall exert my efforts towards the prosperity and progress of the people of Afghanistan.”

Contrary to two important points of this article, the president neither supervised the implementation of the Constitution, nor tried to provide food, economic and physical security to the people of Afghanistan. Having referred to the constitutional obligations of the president, Mr Miftahuddin Harron said: “In Article 64 of the Constitution, the president had to determine the fundamental lines of the policy of the country but he did not, and also violated Article 150 of the Constitution as he did not make draft proposals for the amendment in Constitution, and did not convene a Loya Jirga (Grand Assembly) through a presidential decree.”

From the very beginning, the two presidents have violated the Constitution and have adhered to their ethnic and sectarian policies. Article 66 of the Constitution indicates: “During the term of office, the presidential position shall not be used for linguistic, sectarian, tribal and religious as well as party considerations,” but President Ghani and Abdullah appointed their aids, ethnic and sectarian leaders, and war criminals who promote their own agendas. Under the terms of the John Kerry road map, Mr Ghani is bound to share power with Dr Abdullah, and share key posts such as the police, governors, army, interior and foreign ministries. On December 24, 2014, President Ghani said no illegal act is acceptable but his way of governance is illegal. He also said that terrorists had no place in Afghanistan, but his ministers and advisors provide sanctuaries to the Taliban and Islamic State (IS) leaders across the country.

The potential gains of the Taliban in Helmand and IS in Jalalabad, Kunar and Nuristan, the capture of Kunduz, Sangin and parts of Badakhshan province, kidnapping for ransom and the emergence of a new anti-Pakistan Taliban group in Paktika province, have all raised serious questions over the legitimacy of the unity government. Last week, an Afghan army commander abruptly revealed that his office had confirmed information about the existence of 200 foreign militants in Kunduz city and 3,000 militants in the entire province where the Taliban have established check posts in villages and towns, and target Afghan forces. In 2015, the Taliban defeated the Afghan security forces and captured dozens of districts in various provinces, including the Kunduz. The recent UN report on civilians’ deaths seemingly exposed the incompetence of the Afghan armed forces that could not defend the country. At least 3,545 people were killed and more than 7,457 injured in the year 2015, the report said.

In its annual report on the Protection of Civilians in Armed Conflict (PCAC), the United Nations Assistances Mission in Afghanistan (UNAMA) warned that suicide attacks and fighting in cities and towns were the main causes behind collateral damage. Military experts in Kabul see the coming spring war as being more brutal as IS is planning to dispatch more than 50,000 fighters to Afghanistan this year. On February 17, 2016, a member of Afghan parliament from Baghlan province, Mr Moheidin Mehdi, warned: “As the situation is deterioration in Baghlan province, I have been informed that between 40,000 and 50,000 [IS] terrorists will be dispatched to Afghanistan from Turkey,” the MP told Fars News Agency.

As security continues to deteriorate, Afghan leaders have become irritated and discontented about Pakistan’s support to the Haqqani network, which kills Afghans on a daily basis. For example, last week, former president Sebghatullah Mujaddidi said: “The invaders destroyed Afghan cities, villages and all infrastructure in addition to killing and injuring millions of Afghans. Now Allah may save us from our enemy, Pakistan, which wants to kill our people in the name of the Taliban.” Sometimes they threaten to declare jihad against Pakistan and sometimes they accuse the Pakistan army of invading and destroying Afghan cities, towns and villages but they have never declared jihad against corruption, corrupt mafia groups and war criminals who have killed and kidnapped thousands of innocent Afghan civilians during the last two decades.

The writer is author of The Prospect of Nuclear Jihad in Pakistan and can be reached at zai.musakhan222@gmail.com