35341. Talking with the Taliban: Should the Afghan Constitution Be a Point of Negotiation?
- Author:
- Sean Kane
- Publication Date:
- 01-2015
- Content Type:
- Working Paper
- Institution:
- United States Institute of Peace
- Abstract:
- Insisting that the Taliban accept the Afghan constitution is understandable insofar as the risks that peace talks could pose to Afghanistan's post-2001 achievements. Nonetheless, a periodic assessment of this condition is healthy, especially given the human toll of the ongoing insurgency and acknowledged shortcomings in the charter. To help Afghans make an informed choice on this dilemma, lessons can be drawn from other countries currently in talks to end decades-long insurgencies. Understanding the Taliban's possible constitutional demands as well as the Afghan constitution's amendment rules is also necessary. A comparison of the Afghan constitution and the Taliban's 2005 Order of the Islamic Emirate provides clues on what changes the movement might seek. The Taliban also have an over-arching “ownership problem” with the constitution because of their exile from Afghan political life at the time it was drafted. Key divergences between the Taliban order and the constitution relate to the sources of legitimacy for government and laws and marked differences on women's and minority rights. The two documents also contain more overlap than might be assumed. The Afghan constitution requires public input on proposed amendments through the convening of a popular assembly, or loya jirga. The constitution further designates fundamental aspects of the political system and Afghans' rights as unamendable. These rules could be strategically applied to constrain Taliban efforts to use negotiations to completely remake the current constitutional order. Debate over peace talks with the Taliban has tended to be framed in terms of potential risks. Negotiations could also present an opportunity to challenge the Taliban to justify some of its more unpopular constitutional positions to other Afghans and, in the best case, to help the Afghan government seize the political high ground.
- Political Geography:
- Afghanistan