Constitutional Issues In The Afghan Peace Negotiations

The peace negotiations between the Islamic Republic of Afghanistan and the Taliban that began in September in Doha, Qatar, will almost certainly include revisiting the country's constitution. Both sides claim to abide by Islamic law, but they interpret it in very different ways. This report examines some of the constitutional issues that divide the two sides, placing them within the context of decades of turmoil in Afghanistan and suggesting ideas for how the peace process might begin to resolve them.

The objective of a negotiated peace in Afghanistan has been firmly embraced by most of the potential parties to a treaty. However, arriving at an agreement about the sequencing, timing, and prioritization of peace terms is likely to be difficult, given the divergence in the parties' interests and objectives. The U.S. objective in these negotiations should be a stable and peaceful Afghanistan that neither hosts nor collaborates with terrorists.

The objective of a negotiated peace in Afghanistan has been firmly embraced by most of the potential parties to a treaty. However, arriving at an agreement about the sequencing, timing, and prioritization of peace terms is likely to be difficult, given the divergence in the parties' interests and objectives. The U.S. objective in these negotiations should be a stable and peaceful Afghanistan that neither hosts nor collaborates with terrorists.

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

For nearly a decade the international community has supported Afghanistan's political, social, and economic reconstruction--and opposed the return to power of the Taliban. While Afghans have seen many improvements over that decade, there has been a Taliban resurgence across much of the country. Despite the recent increase in fighting, neither side has been able to vanquish the other militarily. Moreover, a majority of Afghans seem anxious for the contending factions to achieve a negotiated end to the war. Can this growing sense of a military stalemate help usher in a political phase to conclude this conflict? This report, the product of an international task force led by ambassadors Lakhdar Brahimi and Thomas R. Pickering, recommends a political path toward ending the war. Peace is possible in Afghanistan, the task force members assert, if Afghans and the various international stakeholders can overcome their deep divisions and commence the serious negotiations that will be required to achieve it. The report outlines the issues that would need to be addressed in any peace settlement: the division of power, the political order, the role of Islam, human rights, economic development, suppression of terrorist networks and narcotics, the role of foreign forces, and so on. It also presents concrete steps for moving into a political process that could achieve a negotiated settlement to the war. The task force argues that, to end this war with a durable compromise settlement, a complex and multitiered negotiating framework will be essential, and the time to start that political process is now.

The youth-led protest movements that emerged after the 2014 Afghan presidential election added a new dynamic to Afghan politics. Motivated primarily by widespread perceptions of injustice, exclusion and marginalization from governmental policymaking, and rapidly deteriorating economic and security conditions, the protest movements sharply criticized the administration of President Ashraf Ghani. This report examines the emergence of a new generation of youth activists in Afghanistan and the responses of the government and international community to those movements.