Debate on Afghan constitution nears end

But some delegates and Western diplomats in Kabul expressed fear that Karzai and his US allies might secure their objective at the cost of giving ground to religious hard-liners who want the constitution to be strongly governed by Islamic principles.

"This obsession that has run through the government and the US that there should be a presidential system, no matter what, [means] they have forgotten about the Islamic issue or they've made compromises," said one senior Western diplomat, who asked not to be named.

A committee of leading delegates yesterday continued the task of compiling suggested amendments to the draft constitution that emerged after several days of closed-door talks among loya jirga members. Delegates and Western officials familiar with the discussions said the government so far had maintained support for a presidential system, but with a less powerful president than the government originally envisioned.

"If it's to be a presidential system, it must have a very strong parliament, it must have checks and balances," said Wali Massoud, a delegate who is ambassador to London and brother of the late resistance leader Ahmed Shah Massoud.

Jamila Mujahid, a delegate from Kabul and prominent women's activist, said a proposal still on the table suggests that provincial governors be elected rather than appointed by the central government. Another suggests that a temporary parliament made up of loya jirga representatives should fill the gap between presidential elections and the election of the two-house Legislature, she said.

Delegates and diplomats said there is a push to tweak certain articles to give Islamic code greater sway in Afghan law. For example, the article that requires the state to respect international standards on human rights would be changed to say that international norms should be honored so long as they are compatible with Islamic code.

"This is not what the Europeans or the Americans had in mind at all," the senior Western diplomat said.

Government officials, delegates, and diplomats said the government has secured the support of Abdul Raysul Sayyaf, a conservative Islamist and powerful leader of the former mujahideen, or holy warriors, by offering him a strong say in the judiciary.

As the draft constitution stands, the supreme court would have the final say on constitutional matters. The court is led by the aged, conservative Islamic cleric Fazl Hadi Shinwari, and Sayyaf is rumored to be next in line in return for his support of a presidential system.

Delegates on the committee said major divisions exist over 14 to 20 articles, including whether Dari or Pashto, the languages spoken most frequently in the country, should be the official language. Some delegates had revived the issue of whether former king Mohammed Zahir Shah should maintain the title "father of the nation," a move seen as an insult to the king's southern Pashtun supporters, who threw their weight behind Karzai.

Whether the pro-Western Karzai will claw back some ground on the question of Islamic influence in the new constitution and maintain strong powers for the position of president will be seen in the final debate among the full council. Delegates said this probably would begin tomorrow.

The smooth and fairly quick movement of the loya jirga is seen by Afghan and Western observers as a sign of Karzai's sustained control over the process. Karzai, who wanted the draft passed with minimal changes, was determined to avoid a long, heated debate and said he wanted it over in 10 days, if possible.

He has had a lot of support from US Ambassador Zalmay Khalilzad, said Western diplomats, government officials, and political leaders. Khalilzad, who earned a reputation as a political operator at a loya jirga that confirmed Karzai as president in June last year, has met with delegates and government officials at the loya jirga site almost daily.

Karzai's opposition resents that involvement. "The international community is supposed to be committed to letting Afghanistan choose its own system," said Hafiz Mansoor, a prominent member of the Jamiat Party that leads the Northern Alliance coalition of former resistance groups and is one of the main poles of opposition to Karzai.