By Narges Mohammadi.
1. Introduction
The Afghan parliament, crucial for shaping core policies, played a pivotal role in the republic’s destiny. Emerging from the Taliban’s fall in 2001, the 2004 constitution established a powerful bicameral parliament with essential monitoring mechanisms. Despite its structural advancements, the parliament faced challenges leading to the republic’s failure and the inefficiency of the political system. Corruption, inefficiency, ethnic divisions, and outdated laws plagued Afghanistan’s legislative body. Corruption prioritised personal gain over national interests, and ethnic tensions escalated disharmony. Outdated laws failed to uphold civil rights and international standards. Analysing content and interviews with experts in the study of Afghanistan’s legislation deepened the understanding of problems, revealing a parliament that failed to oversee government decisions and adhere to republican principles. The culmination of a dysfunctional parliament, marked by corruption, inefficiency, ethnic divisions, and outdated laws, significantly contributed to political instability, a dysfunctional government system, and eventually to the downfall of the Afghan Republic and the assumption of power by the Taliban on August 15, 2021.
2. Political System of Afghanistan
Afghanistan has undergone various political structures, transitioning from the Monarchy to the Democratic Republic of Afghanistan (DRA), the Taliban Emirate (I), and the Islamic Republic of Afghanistan’s creation after the Bonn conference 2001. Presently, the country is under the de facto rule of the Taliban Emirate (II). The political system established after 2001 was presidential, encompassing executive, judiciary, and legislative branches with checks and balances. The president served as both head of state and commander-in-chief, supported by two vice presidents. The National Assembly (NA) or Parliament, comprising the House of Elders (Meshrano Jirga (MJ)) and the House of People (Wolesi Jirga (WJ)), served as the highest legislative body. While WJ members were directly elected, MJ included elected and appointed members. The independent judiciary consisted of the Supreme Court (SC), Primary Courts, and the Courts of Appeal (CA), with SC members appointed by the President with WJ approval.
2.1. Duties and Powers of the Parliament
The 2004 Afghan constitution gave the parliament more power than previous constitutions. The Afghan parliament’s duties represented the nation, making and ratifying laws and reviewing, controlling and supervising the performance of the executive power. In particular, WJ and MJ had the power to approve, modify or abrogate laws and executive decrees. The power and duties of WJ included endorsing social, cultural, and economic development programs, approving state budgets, making, modifying, or abrogating administrative units, and ratifying international treaties and agreements. In addition, the constitution enabled both houses to interrogate and impeach ministers on specific issues and approve or reject high-level appointees.
3. Factors Contributed to the Parliament’s Role in the Downfall of Democracy in Afghanistan
I was thrilled to present this research during the PSA Parliaments Annual Conference 2023. In this blogpost, in examining the parliament’s role in the collapse of Afghanistan’s democratic government, I explore how the Afghan parliament’s dysfunctionality contributed to the republic government’s downfall. The subsequent factors shed light on my investigation, which reveals ethnic divisions and governmental inefficiency rooted in corruption.
3.1. Corruption
Widespread corruption severely impacted the Afghan government, notably hindering the parliament’s ability to combat corruption effectively. The ministerial impeachment process, designed for accountability, became susceptible to personal biases and alliances within the parliament, undermining stability goals. This corruption permeated the monitoring institution, impeding its crucial role in ensuring good governance and emphasising the urgent need for systemic reforms in Afghanistan’s parliamentary system. Political analyst Hadi Joya highlighted corrupt practices in the Afghan Parliament, labelling it a “trading/commissioning” entity engaged in transactions and bribes, losing its genuine connection with the people and government. An Anti-Corruption Monitoring and Evaluation Committee (MEC) reported widespread corruption, legislative negligence, and budget misappropriation. Furthermore, media reports exposed the misuse of 45,900,000 Afghani funds in former Speaker Abdul Raouf Ebrahimi’s budget, prompting his commitment to return 5.3 million Afghanis to the WJ’s budget.
A police officer witness claimed that corruption among parliamentarians played a significant role in the republic’s downfall, stating, “Getting ministers’ votes of confidence from the Afghan parliament was a mistake, as ministers had to comply with MPs to secure confidence votes.” The officer criticised the Ministry of Interior (MI), pointing out the appointment of “uneducated, unprofessional, and corrupt security officials through MPs’ influence.” Instances were noted where MPs supported the Taliban in areas under their control to secure votes. Moreover, recently, the US imposed sanctions on Mir Rahman Rahmani, the former Speaker of the Afghan parliament, and his son Ajmal Rahmani, citing “massive financial corruption.” Mir Rahman allegedly bribed parliament members for the Speaker role, while Ajmal paid $1.6 million to Election Commission members for parliamentary entry. Despite corruption, a few dedicated MPs in the WJ were acknowledged for their hard work in ratifying and implementing laws prioritising people’s interests, as highlighted by former MP Nisar Ahmad Ghoryani. However, these efforts were insufficient and required additional improvement.
3.2 Ethnic Division
Ethnic divisions pervaded Afghanistan’s government, including Parliament, where democracy was rooted in ethnicity. The selection of the interim government head prioritised ethnicity over political considerations, resulting in Hamid Karzai’s appointment as a Dorani Pashtun. The ethnic basis extended to parliamentary decisions, with MPs’ votes for ministerial candidates reflecting considerations of ethnicity, language, and discrimination instead of meritocracy and experience.
The ethnic division in Afghanistan’s parliament was exacerbated by the Single Non-Transferable Vote (SNTV) system, which emphasised non-partisanship and discouraged the formation of trans-ethnic political parties. The absence of partisan politics in parliament allowed ethnic tendencies to dominate decision-making, leading to prolonged involvement in ethnic issues. For example, debates over the higher education law highlighted linguistic divisions, with disagreements on mentioning Pashto and Persian-Dari words. Additionally, conflicts over key positions in the parliament further underscored ethnocentrism, causing prolonged disputes and hindering effective governance. However, Ghulam Farooq Majrooh, former MP, noted exceptions to ethnic differences, citing instances where individuals from various ethnic groups, such as Turkmen, Uzbeks, and Hazaras, were appointed to ministerial positions or the Supreme Court. This suggests that, amid challenges, there were efforts to address ethnic diversity and promote inclusivity in key roles, but these efforts fell short and required further enhancement. Therefore, ethnic divisions significantly weakened parliamentary performance as love and hatred were influenced by ethnic affiliations. Rather than representing national interests and promoting nation-building, ethnic divisions fueled tribal conflicts, undermining the parliament’s effectiveness in serving the Afghan people.
3.3. Inefficiency
The inefficiency of the parliament, despite its pivotal role in shaping the republican system and upholding supposed freedoms, became evident as the three powers within the system clashed, compromising democratic principles and neglecting citizens’ rights. Ineffective supervision allowed corruption and legislative weaknesses to persist, with meritocracy often sidelined, impeding parliamentary efficiency. The parliament struggled with lawlessness, lacking the capacity for supervision and prioritising ethnic-based entries over specialisation and commitment. Many MPs, entering through ethnic relations and indirect quotas, were unfamiliar with supervision, turning it into a tool for pursuing individual and group interests rather than upholding democratic values.
The parliament struggled to assert its political authority amid ongoing tension between the executive and legislative branches. As revealed in the MEC report, executive interference manifested in enforcing several laws through presidential decrees without parliamentary approval, indicating failure in ratifying laws, weaknesses, MPs absenteeism, and the influence of external elements. Despite constitutional provisions for legislative decrees during parliamentary recess, the government often avoided submitting decrees for fear of rejection. Parliamentary shutdowns became an opportunity for the executive to pass legislation likely to be rejected by parliament. These challenges and inefficiencies in law-making, where the parliament produced only five laws in 16 years, showcased obstacles within the legislative body and external branches hindering its effective performance.
3.4 Outdated Laws
The practical implementation of approved laws and the prevention of corruption and bribery could mitigate public distrust and prevent further decline in Afghanistan. However, despite the existence of parliament, specific laws needed to be updated in a timely manner. For instance, over the sixteen years of the WJ, crucial laws related to governing constitutional formations were outdated, and some civil matters remained unchanged, reflecting similarities with the 1964 constitution. This failure to adapt these laws to contemporary needs highlights missed opportunities for necessary amendments in response to evolving societal dynamics. Additionally, in a rigid gender context where males dominate, any legislative proposal, government oversight measure, and budget modifications or amendments required the endorsement of the majority of male MPs. Success was particularly contingent on gaining approval from influential and leading legislators.
4. Conclusion
This research explains how the weaknesses inherent in the democratically inclined republican system set up in 2001 led to its downfall in 2021. The republic’s failure in Afghanistan stemmed from various factors. The note focuses on the significant role played by the parliament in the re-emergence of the Taliban. Despite its pivotal function, the Afghan parliament faced challenges such as corruption, ethnic divisions, inefficiency, and outdated laws, leading to a decline in public trust in the system. The parliament’s inability to effectively supervise and ratify laws allowed unchecked governance by a select few, further destabilized democracy. The fraudulent electoral system and MPs’ lack of expertise in key areas rendered the parliament weak and hindered decision-making. This weakness contributed to the republic’s collapse. The writer acknowledges that other factors like legislative and judicial powers, political disagreements, foreign intervention, and public unfamiliarity with democratic processes also played a role.
In the future, if it becomes possible, reforms should include a stronger parliament established to revitalise Afghanistan and its institutions, accompanied by comprehensive political, social, and economic measures. Strengthening anti-corruption laws, fostering inter-ethnic relations, and prioritising citizens’ participation in decision-making are essential for Afghanistan’s progress. Additionally, cultivating political culture, education, public awareness, positive engagement with international communities, and upholding human rights are crucial elements for a positive transformation in Afghanistan’s future.
I hope such possibilities will arise in the future and hope that by establishing how things went wrong in the past, the research may eventually contribute to a better future for the people of Afghanistan.
About the author
Narges Mohammadi is a PhD Student in the School of International Relations and Diplomacy at Beijing Foreign Studies University.