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46-458: The National Multi-sectoral Assessment of Kochi in 2004 estimated that there are about 2.4 million Kochis in Afghanistan, with around 1.5 million (60%) remaining fully nomadic; over 100,000 have been displaced due to natural disasters such as flood and drought in the past few years. The nomads and semi-nomads, generally called Kuchi in Afghanistan, mostly keep sheep and goats. The produce of

92-434: A monarchy , republic , theocracy , dictatorship , and a pro- communist state . Afghanistan currently functions without a clear constitution or any basis for the rule of law . The government is self-described as "interim". Taliban leadership rules by decree and judges and Taliban fighters decide how to apply the law on the spot based on their interpretation of Sharia . However, some guidelines have been put forth and there

138-535: A crime, citizens held the right to be informed of the charges, to representation by an advocate, and to presumption of innocence . Article 34 states, "Freedom of expression shall be inviolable. Every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution. Every Afghan shall have the right, according to provisions of law, to print and publish on subjects without prior submission to state authorities. Directives related to

184-656: A modern democracy. The constitution was approved by the consensus in January 2004 after the 2003 loya jirga . The Constitution consists of 162 articles and was officially signed by Hamid Karzai on January 26, 2004. It evolved out of the Afghan Constitution Commission mandated by the Bonn Agreement . The constitution provides for an elected President and National Assembly . The transitional government of interim president Hamid Karzai

230-594: A new constitution would be drafted only through an open consultative process rather than being imposed on the country unilaterally. However, they have invariably stated it would outline an Islamic state and the constituent assembly would in large part be made up of ulema knowledgeable in Sharia law . Some interviewees stated the 2004 Constitution was sufficiently Islamic, and that the Islamic Republic suffered political—rather than religious— illegitimacy, due to

276-587: A non-Afghan race, and claims the Kochis were natives of northern Afghan region, and that during many years of invasion such as Genghis Khan and Timur , they escaped south. Kochis have been identified by the United Nations Assistance Mission in Afghanistan as one of the largest vulnerable populations in the country. As Afghanistan's population grows, competing claims over summer pastures, both for rainfed cultivation and for grazing of

322-471: A result, the northern ethnic groups ( Hazara , Tajiks , Uzbeks and Turkmens ) have a long-standing distrust of the Kochi. This political dispute has been deepened over the decades of Kochi transhumance , whereby some Kochis became absentee landlords in their summer areas in the north through customary seizure procedures to attach debtors' land. However, the Kochis themselves see the northern minority groups as

368-631: Is a history of constitutional discourse within the Taliban that provides insight into their current governance. The Taliban has historically viewed the Quran as its constitution. An ulema (scholars) council drafted a dastur ( basic law ), which was approved by the Supreme Court in 1998 and re-authorized for the insurgency in July 2005 in response to the promulgation of the 2004 Constitution of

414-495: Is no constitution or other basis for the rule of law. The structure is autocratic , with all power concentrated in the hands of the supreme leader and his clerical advisors. According to the V-Dem Democracy indices Afghanistan was as of 2023 the 4th least electoral democratic country in the world. Afghanistan has been unstable for decades, with frequent coups, civil wars, and violent transfers of power. Most recently,

460-419: Is to implement Sharia law. Unapproved protests were banned on 9 September 2021 following large-scale women-led protests. The policies regarding women include a ban on participation in sports. In September 2021, the government ordered primary schools to reopen for both sexes and announced plans to reopen secondary schools for male students, without committing to do the same for female students. While

506-598: The Afghanistan Constitution (Article 14) aimed at improving the welfare of Kochis, including provisions for housing, representation, and education. According to the United Nations High Commission for Refugees , before the 30 years of war, Kochis owned 30 per cent of the country's goats and sheep and most of the camels for years, and they were largely responsible for the supply of slaughter animals , wool , ghee and quroot to

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552-732: The Taliban . In late 2022, Supreme Leader Hibatullah Akhundzada confirmed that the 2004 Constitution had been formally abolished on his authority. Article 62 of the Constitution of Afghanistan of 2004 stated that a candidate for the office of President must: The National Assembly of Afghanistan consisted of two houses: the Wolesi Jirga (House of the People) and the Meshrano Jirga (House of Elders). The Wolesi Jirga,

598-521: The dastur is being followed, though there are few conflicts between it and the 1964 Constitution, which granted immense powers to the King. In August 2022, Parwan Governor Obaidullah Aminzada stated that Supreme Leader Hibatullah Akhundzada had declared the 2004 Constitution abolished and ordered the government not to use the 1964 Constitution as a replacement, ruling neither is compatible with Sharia. Influential Taliban interviewees, including members of

644-459: The legal framework between the Afghan government and the Afghan citizens . Although Afghanistan ( Afghan Empire ) was made a state in 1747 by Ahmad Shah Durrani , the earliest Afghan constitutional movement began during the reign of Emir Abdur Rahman Khan in the 1890s followed by the drafting in 1922 of a constitution. The 1964 Constitution of Afghanistan transformed Afghanistan into

690-443: The previous period of Taliban rule which lasted from 1996 to 2001. The government was announced by the Taliban's chief spokesman, Zabihullah Mujahid , who stated that this cabinet was not complete, with further appointments intended to be made. While the Taliban had previously stated that they wanted to form an inclusive government, all ministers were long-standing members of the Taliban. On 21 September 2021, Mujahid announced

736-463: The Islamic Republic. The dastur is vague; it named Mullah Omar Supreme Leader and places the highest authority in that position but does not outline a selection process or the constraints of the office. However, it does state that the supreme leader must be a male Sunni Muslim and an adherent of the Hanafi school of Islamic jurisprudence. The dastur also establishes a unicameral shura council as

782-576: The Meshrano Jirga. The nation's top court was the Stera Mahkama (Supreme Court). Its members were appointed by the president for 10-year terms. There were also High Courts, Appeals Courts, and local and district courts. Eligible judges had their training in either Islamic jurisprudence or secular law. Courts were allowed to use Hanafi jurisprudence in situations where the Constitution lacks provisions. The current cabinet consists of

828-497: The Political Commission, have suggested that the dastur was never intended to be a permanent constitution, but rather a document outlining the Taliban's vision for a transitional state. Around 2010 the dastur appeared to fade from Taliban discourse, and interviewees in the Political Commission suggested there would be room for drafting a new political framework post-U.S. withdrawal. They have consistently stated that

874-581: The Rahbari Shura (Leadership Council) which oversees the Cabinet and Prime Minister of Afghanistan . The Rahbari Shura in conjunction with Akhundzada appoints individuals to key positions within the cabinet; which includes the positions of Prime Minister, Deputy Prime Minister, Minister of Foreign Affairs, and Minister of the Interior. Currently, the supreme leader is also responsible for determining

920-615: The Rahbari Shura will oversee the Council of Ministers and determine key governmental decisions. The council was also responsible for appointing a new supreme leader after the death of their predecessor, however, it is not yet known if the council will exercise this power after the Fall of Kabul in 2021. This setup is reminiscent of how the Islamic Emirate of Afghanistan was governed from 1996 to 2001 with Mohammad Omar being Head of

966-483: The Rahbari Shura, which is based out of Kandahar . The current caretaker cabinet was presented in an announcement on 7 September 2021. The country as a whole is headed by Hibatullah Akhundzada , who became head of the Taliban in 2016. The Prime Minister , Mohammad Hassan Akhund , was selected as a compromise candidate between moderate and hardline factions of the Taliban. There are two Deputy Prime Ministers, Abdul Ghani Baradar and Abdul Salam Hanafi . In total,

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1012-622: The Supreme Council. However, the system has also been compared to the Supreme Leader of Iran and its clerical system of rule. The council itself was also the executive body of the Taliban during the War in Afghanistan , determining the overall direction of the group as an insurgency. According to an Al Jazeera report, the Council of Ministers is powerless in practice, with all political power actually being vested with Akhundzada and

1058-489: The Taliban seized power in 2021 from the Western-backed Islamic Republic , and re-formed the government to implement a far stricter interpretation of Sharia law according to the Hanafi school. Government operations in Afghanistan historically have consisted of power struggles, coups and unstable transfers of power. The country has been governed by various systems of government, including

1104-472: The Taliban abruptly reversed plans to allow girls to resume secondary school education (defined as grade seven and up in Afghanistan). Except for the current cohort of university students, this decision leaves graduating from sixth grade as the highest level of educational attainment possible for Afghan women. Secondary schools for boys reopened on schedule. A statement from the ministry of education cited

1150-548: The Taliban states that female college students will be able to resume higher education provided that they are segregated from male students (and professors, when possible), The Guardian notes that "if the high schools do not reopen for girls, the commitments to allow university education would become meaningless once the current cohort of students graduated." Higher Education Minister Abdul Baqi Haqqani said that female university students will be required to observe proper hijab , but did not specify if this required covering

1196-456: The actions of the president and had considerable veto power over senior appointments and policies The Meshrano Jirga consisted of an unspecified number of local dignitaries and experts appointed by provincial councils, district councils, and the president. The president also appointed two representatives of the physically disabled. The lower house passed laws, approved budgets and ratified treaties – all of which required subsequent approval by

1242-501: The animals (meat, dairy products, hair and wool) is exchanged or sold in order to purchase grain, vegetables, fruit and other products of settled life. In this way an extensive network of exchange has developed along the main routes annually followed by the nomads. The merchant Powindah (Ghilji) [or Ghilzai] Pashtuns used to move annually from the Afghanistan mountains to the valley of the Indus. These long-distance migrations were stopped in

1288-466: The application of Hanafi law without a written constitution. However, he added that the ministry would prepare a constitution based on the Quran and Hanafi law if the supreme leader directs it. Hibatullah Akhundzada is the supreme leader of Afghanistan , having authority on all political, military, and religious decisions, and government appointments. As supreme leader, much of his work is done alongside

1334-494: The cabinet (not including Hibatulla Akhundzada) included 33 ministers. All of the ministers named were men. Two ministers were Tajik , and one ( Abdul Salam Hanafi ) was Uzbek . All other ministers, as well as Hibatullah Akhundzada, are from the Pashtun ethnic group. As the country's largest ethnicity, Pashtuns have long dominated both the Taliban and non-Taliban politics. Some members of the government served as ministers during

1380-642: The early 1960s when the border with Afghanistan and Pakistan were closed, but many Kuchis are still allowed to cross as border officials recognize the Kuchi migrations which occur seasonally and allow them to pass even in times of political turmoil. In recent decades, migrations inside Afghanistan continue, although trucks are now often being used to transport livestock and family from one place to another. Kochis historically abstained from politics, because they are nomadic, but under Afghanistan's constitution, they were given ten seats in parliament. Provisions are written into

1426-456: The expansion of the Taliban's interim cabinet by naming deputy ministers. Mujdahid defended the all-male additional members, saying it included members of ethnic minorities, such as the Hazaras , and women might be added later. The appointment included figures from Panjshir and Baghlan . The full name of the state is the Islamic Emirate of Afghanistan. As an Islamic state , Taliban policy

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1472-469: The face. Kabul University reopened in February 2022, with female students attending in the morning and males in the afternoon. Other than the closure of the music department, few changes to the curriculum were reported. Female students were officially required to wear an abaya and a hijab to attend, although some wore a shawl instead. Attendance was reportedly low on the first day. In March 2022,

1518-405: The highest legislative body, with all members appointed by the supreme leader, and allows for a Council of Ministers , headed by a Chairman , whose role is to implement policy. Following the Taliban's return to power, the group announced the enactment of parts of the 1964 monarchy constitution that are "not in conflict with Sharia" to govern the country in the interim. Observers have noted that

1564-443: The influence of foreign powers. Therefore, they left the door open to a constitution substantially similar to the 2004 Constitution. An exploratory committee on the drafting of a constitution was formed in early 2022, however, no updates have since been given. In September 2022, Acting Deputy Minister of Justice Maulvi Abdul Karim stated that the Quran essentially functions as the constitution and all issues can be handled through

1610-492: The lack of an acceptable school uniform for female high school students. Afghanistan's envoy to the United Nations has requested that the international community not recognise the new government. The Taliban seeks such recognition, and it has not yet received this, other governments are engaging with it to an extent. Since coming to power, there have been reports of factionalism and infighting among various camps of

1656-400: The more powerful house, consisted of a maximum of 250 delegates directly elected through a system of single non transferable vote (SNTV). Members were elected on a provincial basis and served for five years. At least 64 delegates were to be women; and ten Kuchi nomads were also elected among their peers. The Wolesi Jirga had the primary responsibility for making and ratifying laws and approving

1702-415: The most commonly practiced faith throughout Afghanistan. Followers of other religions are "free to exercise their faith and perform their religious rites" within the limits of the law. There is no mention of freedom of thought , and apostasy from Islam . Citizens were guaranteed the right to life and liberty, to privacy , of peaceful assembly , from torture and of expression and speech . If accused of

1748-462: The national economy. Kochis were also favored by the Kings of Afghanistan, who were themselves ethnic Pashtuns, since the late 1880s. They were awarded " firman ," or royal proclamations, granting them use of summer pastures all over Afghanistan including the northern parts of the country. During the Taliban era, Kochis were a main factor and supporter of the Taliban and their leader Mullah Omar . As

1794-579: The overall aims of the Cabinet of Afghanistan, serving as a point of unity and leadership among the various factions of the Taliban. Because of Hibatullah Akhundzada's credentials as Mawlawi and knowledge of Fiqh , he is broadly respected among the Taliban and thus seen as a unifying figure. The Rahbari Shura (Leadership Council) is a 26-member council assisting the supreme leader with the governance of Afghanistan. According to now-Deputy Minister of Information and government spokesperson; Zabiullah Mujahid ,

1840-639: The president, his two vice-presidents and 25 ministers. The ministers are appointed by the president but need approval from the Wolesi Jirga (lower house). The constitution divides Afghanistan into 34 provinces. Each province is governed by a provincial council with members elected for four-year terms. Provincial Governors are appointed by the president. Provinces are divided into districts, which contain villages and towns. Every village and town will also have councils, with members serving for three years. The Constitution describes Islam as its sacred law and

1886-409: The press, radio and television as well as publications and other mass media shall be regulated by law." Provisions are made to ensure free education and healthcare for all citizens. Article 16 of the constitution states that "from amongst Pashto , Dari , Uzbek , Turkmen , Balochi , Pashai , Nuristani and other current languages in the country, Pashto and Dari shall be the official languages of

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1932-532: The right to own immovable property in Afghanistan. Politics of Afghanistan The politics of Afghanistan are based on a totalitarian emirate within the Islamic theocracy in which the Taliban Movement holds a monopoly on power. Dissent is not permitted, and politics are mostly limited to internal Taliban policy debates and power struggles. As the government is provisional , there

1978-416: The settled communities' livestock, have created conflict over land across central and northern Afghanistan. Paying head-count fees for each animal crossing someone else's property is exacting a harsh economic toll on the Kochi way of life, one that is already having to contend with recurrent droughts that are now occurring with increasing frequency. There are communities of Pashtun Kochi origin in other parts of

2024-618: The state." In addition, other languages are considered "the third official language" in areas where they are spoken by a majority. Article 20 states that the Afghan National Anthem (Wolesi Tarana) "shall be in Pashto with the mention of "God is Great" as well as the names of the tribes of Afghanistan." The constitution aims "to foster and develop all languages of Afghanistan." (Article 16) Foreigners are not allowed to own land in Afghanistan. Foreign individuals shall not have

2070-599: The world as well, including in the Caribbean, Africa and Europe. In Pakistan, some Kochis are found in Khyber Pakhtunkhwa. James A. Michener describes Kochi life in his 1963 novel Caravans , set in 1946 Afghanistan. Afghanistan Constitution The 2004 Constitution of Afghanistan was the supreme law of the Islamic Republic of Afghanistan , which lasted from 2004 to 2021. It served as

2116-600: Was put in place after the June 2002 loya jirga . The first presidential elections after the new constitution was in effect, took place in October 2004, and Karzai was elected to a five-year term. The first elections for the National Assembly were delayed until September 2005. The constitution was essentially abolished on August 15, 2021, with the overthrow and dissolution of the Islamic Republic of Afghanistan by

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