Afghanistan's Democratic Experiment: Challenges And Prospects

Democracy in Afghanistan has been severely limited since the formation of the contemporary state of Afghanistan in the 20th century. The country has experienced frequent coups, civil wars, and violent transfers of power. Afghanistan has been ruled by various systems of government, including a monarchy, republic, theocracy, dictatorship, and a pro-communist state.

The first elements of a democratic government in the country began to emerge in 1919 under the leadership of Ghazi Amanullah Khan, who ruled as the Emir of the Emirate of Afghanistan and later as the first King of the Kingdom of Afghanistan. Amanullah instituted a number of political reforms modelled on the Western democratic model, including drafting the country's first constitution, which was approved and ratified by 872 tribal elders and government officials. This constitution included Article 16, which entitled all Afghan citizens to equal rights and freedoms. Amanullah also implemented cultural reforms that eased restrictions on civil liberties, particularly regarding women's rights. However, his reforms ultimately led to his overthrow, and for much of the rest of the 20th century, there was limited democratization in the country.

In 1964, King Zahir Shah established a bicameral national legislature, and political parties began to form. However, these reforms did not last long, as Zahir Shah was removed from power in 1973, leading to the formation of an autocratic Afghanistan republic. The country experienced democratic backsliding from 1973 onwards, eventually falling under the undemocratic and religiously conservative Taliban rule in 1996.

Democracy was reintroduced following the US-led invasion of Afghanistan in 2001, which overthrew the Taliban regime. An Islamic Republic with a president and a relatively liberal constitution was reinstated. In 2004, democratic elections were held, and Hamid Karzai was elected president. Despite these advances, Afghanistan continues to face challenges in establishing a stable and democratic system, with issues such as widespread electoral fraud, corruption, and a lack of inclusivity in the political process.

The Taliban's interpretation of Sharia law

Sharia law, or Islamic law, is derived from the Quran and the rulings of Islamic scholars. It serves as a comprehensive code of conduct for Muslims, encompassing daily routines and personal beliefs. While it allows for varying interpretations, the Taliban has been known to enforce a strict and extreme version of Sharia law during its previous rule in Afghanistan from 1996 to 2001.

During their previous regime, the Taliban imposed harsh restrictions on women, effectively placing them under house arrest. Women were barred from education and employment, forced to wear burqas, and required male chaperones for leaving their homes. They also faced brutal punishments for disobedience, including flogging, cutting off of thumbs for wearing nail varnish, and stoning to death for refusing to declare loyalty to the Taliban.

In addition to their treatment of women, the Taliban's interpretation of Sharia law includes violent punishments for various offences. This includes public executions, stoning, floggings, and amputations. These punishments are rarely implemented in the 1400-year tradition of Sharia, as most Islamic jurists do not interpret the law as harshly as the Taliban. The Taliban's interpretation falls under the category of "Hudud" offences, which are considered crimes against God and carry the most severe penalties.

After regaining control of Afghanistan in 2021, the Taliban attempted to project a more moderate image to gain international support. However, they have since reverted to their hardline stance, with the supreme leader ordering judges to strictly enforce Sharia law. This has raised concerns among experts and Afghans alike, who fear a return to the oppressive and violent rule of the past.

While the Taliban has made promises to respect women's rights and prevent Afghanistan from becoming a base for terror attacks, their recent actions indicate a backslide towards extreme interpretations of Sharia law, causing thousands to try and flee the country.

Women's rights and participation in politics

Afghanistan has swung back and forth between granting and denying women's rights, depending on the time period and regime in power. Women's rights in Afghanistan have been severely restricted since the Taliban seized power in August 2021. The Taliban has imposed restrictions on women's freedom of movement, dress, and access to education and employment. Women are barred from travelling more than 70 kilometres without a close male relative and are mandated to wear face coverings in public. They are banned from working in most sectors outside of health and education and are not allowed to study in secondary schools and universities.

Women have also been excluded from public life and decision-making processes in Afghanistan. They are not allowed to participate in the judicial system and there are currently no women serving as ministers or deputy ministers in the new Afghan government. Before the Taliban regime took power, women formed 27% of the Members of Parliament in Afghanistan.

Afghan women are putting their lives on the line to oppose Taliban abuses, facing surveillance, harassment, assault, arbitrary detention, torture, and exile. Women who protest the Taliban's violations face terrible consequences, including enforced disappearance, arbitrary detention, and torture.

The international community's response to the crisis has been criticised as poor and lacking appreciation for how the situation in Afghanistan has grave implications for the rights of women and girls globally. Experts and activists have pointed to the success of the Taliban in emboldening misogynistic leaders worldwide.

The role of international actors in supporting democracy

Historical Context:

• The Soviet Union's Influence: Historically, Afghanistan's politics have been heavily influenced by external powers. The Soviet Union played a significant role in the country's affairs during the Cold War. They invaded Afghanistan in 1979, supporting the communist People's Democratic Party of Afghanistan (PDPA) and installing a series of leaders. However, the Soviet-Afghan War resulted in widespread civilian casualties and the creation of millions of refugees. The Soviet Union eventually withdrew its troops in 1989.
• The Great Game: The rivalry between the British Empire and the Russian Empire over influence in Afghanistan, known as the "Great Game," dates back to the 19th century. This competition between imperial powers had a lasting impact on the region and set the stage for future geopolitical struggles.

Post-9/11 Intervention:

• US-Led Invasion: Following the September 11, 2001, terrorist attacks, a US-led coalition invaded Afghanistan to topple the Taliban regime and dismantle Al-Qaeda. This intervention marked a turning point, as it led to the reinstatement of an Islamic Republic with a relatively liberal constitution.
• International Security Assistance Force (ISAF): The United Nations authorized the creation of the ISAF, led by NATO, to maintain security and assist in nation-building efforts. This force played a crucial role in stabilizing the country and training Afghan security forces.

Supporting Democratic Institutions:

• USAID Efforts: The US Agency for International Development (USAID) has played a significant role in strengthening civil society and supporting media freedoms. They have helped establish an open and robust civil society and media sector, with the number of media outlets growing to 464 and over 1,550 non-governmental organizations operating in the country.
• Electoral Assistance: International actors have provided assistance and observation during Afghanistan's elections. For instance, the 2004 presidential election, in which Hamid Karzai was elected, was monitored by international observers. However, subsequent elections have been marred by fraud and security issues.
• Peace Negotiations: International actors, such as the US and the UN, have been involved in facilitating peace negotiations between the Afghan government and the Taliban. While these efforts have faced challenges, they aim to bring stability and promote democratic values.

Humanitarian Aid and Development:

• European Union's Role: The EU has been a significant provider of development and humanitarian aid to Afghanistan. They have supported initiatives to alleviate human suffering and have worked with non-governmental organizations on the ground. However, their efforts have been criticized for failing to address growing insecurity and adapting to changes in US strategy.
• Education and Women's Empowerment: International organizations have contributed to improving access to education, particularly for women and girls. For example, USAID has helped women gain access to colleges and universities through scholarship programs and has supported women-led civil society organizations.

Regional Diplomacy:

• Containing the Taliban: Regional powers, including the US, Russia, Iran, India, and China, have a shared interest in containing the Taliban and preventing the spread of Islamic militancy. This convergence of interests has led to increased cooperation among these countries, which could potentially contribute to a more stable Afghanistan.
• Pakistan's Role: Pakistan's support for the Taliban has been a significant source of tension in the region. However, there are efforts to isolate Pakistan diplomatically and encourage a resolution to the conflict that addresses the concerns of all stakeholders.

The impact of corruption on democratic institutions

Afghanistan has a long history of unstable governance, with frequent coups, civil wars, and violent transfers of power. Since the formation of the contemporary state of Afghanistan in the 20th century, democracy in the country has been severely limited and characterised by short, unstable periods.

The country has experienced democratic backsliding since 1973, eventually falling under the undemocratic, religiously conservative Taliban rule in 1996. Democracy was reintroduced following the US-led invasion of Afghanistan in 2001, but the country remains unstable, with the Taliban retaking control in 2021.

Corruption is a significant issue in Afghanistan, and it has had a detrimental impact on the country's democratic institutions. Here are some ways in which corruption has affected Afghanistan's democratic institutions:

• Widespread bribery and extortion: Afghans have to bribe officials to access basic public services. This includes paying bribes to secure public-sector jobs, with about 45% of Afghans bribing officials to secure employment. Corruption is also prevalent in the education sector, with so-called "ghost teachers" and double-registered teachers being common.
• Nepotism and clientelism: Nepotism and clientelism are widespread, with positions being awarded based on personal relationships and kinship networks rather than merit. This makes it difficult for those without connections to advance within the government.
• Ineffective law enforcement: Law enforcement agencies, such as the police and judiciary, are notoriously corrupt. Judges are subject to the influence of warlords and terrorists, and it is common for evidence and witnesses to disappear from court cases. As a result, the judiciary is widely considered the most corrupt segment of society.
• Lack of transparency and accountability: There is a lack of transparency and accountability in government institutions, with contracts being awarded through bribery and corruption rather than merit. This has led to waste, fraud, and abuse of resources, including in the reconstruction effort following the US-led invasion.
• Weak democratic institutions: Corruption has weakened democratic institutions in Afghanistan, making it difficult for the country to ensure order and provide public goods and services. The formation of numerous anti-corruption agencies and the stated goal of combating corruption by the National Unity Government have had limited success.
• International interference: External interference from various countries, particularly the US, has contributed to corruption in Afghanistan. The US-led invasion and occupation disrupted existing power structures and created opportunities for corruption, with warlords taking advantage of the situation to consolidate their power.
• Lack of faith in democratic institutions: Corruption has led to a lack of faith in democratic institutions among Afghans. This has resulted in a legitimacy crisis for the government and contributed to the rapid downfall of the government in Kabul in 2021.

The influence of tribalism and traditional power structures

Afghanistan is a landlocked south-central Asian country with a multi-ethnic society, containing diverse ethnic, linguistic and tribal groups. The Pashtun are the largest ethnic group in Afghanistan, and their culture and social organisation have been traditionally influenced by tribal codes of honour and interpretations of Islamic law. This is recognised as 'Pashtunwali' – a moral and legal code that determines the social expectations one should follow to honour Islamic and cultural values.

The tribal power structure in Afghanistan has been a significant factor in the country's political instability and has restricted the process of nation-state building. The logic behind a traditional tribal society and a modern nation-state is different, and their power has inherent contradictions in terms of attributes, vectors, and fields of action. The tribal power structure is distributed throughout the whole society in the form of kinship roots, especially in vast rural areas. Multiple power subjects can use organisational power to eliminate state authority at several points, which has become the deep-seated reason for the repeated setbacks in modern state-building in Afghanistan.

The tribal society is a continuous expansion of the natural blood-related organisation – the family. Social organisations such as clans and tribes are products formed based on the natural expansion of human blood ties, and emotion is a fundamental element in maintaining these structures. The tribal society is reflected in the vertical blood relationships, which is also called a segmentary lineage society. The key factors in maintaining this organisational structure are blood and kinship. This close relationship enables all levels within the clan to achieve mutual nesting and form a network structure. When threatened, a powerful force can be generated from within the network.

The tribal power attributes and operational logic of traditional tribes and modern countries are completely different. The two social organisations often create power hedging in the process of self-sustenance. The frequent occurrence of wars in Afghanistan is an extreme form of this power hedging. The tribal power is attached to the group itself, and the historical migration of a tribal group changes the field of its power. However, as a historical product developed by a tribal society, the political state has clear and specific geographical limitations in its power space. Territory is the spatial basis for political social groups to organise public life and, together with population and sovereignty, constitutes the basic elements of the existence of a state.

In the process of the continuous evolution of the state, a notable feature is that the territorial scope is more clearly defined. In premodern times, conquest by force was the most important and effective way to expand territory. The borders of a country are the furthest limits that the central regime has conquered by force. In other words, the national border is the power-dividing line at which the central government encounters effective resistance in the process of military expansion. In premodern society, due to the constraints of technical resources such as transportation and communication, it was difficult for the political influence of the central government to penetrate directly into the frontier grassroots areas.

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