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 Afghanistan portal |
Afghanistan is atheocraticemirate[1] with atotalitarian regime[2] ruled by theTaliban, a political and militantIslamist movement adhering to theDeobandi jihadist ideology withPashtunwali influences, which holds a monopoly on power. Dissent is not permitted, and politics are mostly limited to internal Taliban policy debates and power struggles.[3][4] There is no constitution or other basis for the rule of law. The structure isautocratic, with all power concentrated in the hands of thesupreme leader and his clerical advisors.[5][6] According to theV-Dem Democracy indices Afghanistan was as of 2023 the 4th least electoral democratic country in the world.[7]
Afghanistan has been unstable for decades, with frequent coups, civil wars, and violent transfers of power. Most recently, the Talibanseized power in 2021 from the Western-backedIslamic Republic, and re-formed the government to implement a far stricter interpretation ofSharia law according to theHanafi 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 amonarchy,republic,theocracy,dictatorship, and a pro-communist state.
Afghanistan currently functions without a clear constitution or any basis for therule of law. The government is self-described as "interim", as it was during the first Taliban government from 1996–2001.[9] Taliban leadership rules by decree and judges and Taliban fighters decide how to apply the law on the spot based on their interpretation ofSharia. However, some guidelines have been put forth and there is a history of constitutional discourse within the Taliban that provides insight into their current governance.[10][11]
The Taliban has historically viewed theQuran as its constitution. Anulema (scholars) council drafted adastur (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 the2004 Constitution of the Islamic Republic. Thedastur is vague; it namedMullah 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 maleSunni Muslim and an adherent of theHanafi school of Islamic jurisprudence. Thedastur also establishes aunicameral shura council as the highest legislative body, with all members appointed by the supreme leader, and allows for aCouncil of Ministers, headed by aChairman, whose role is to implement policy.[12][13][10] Following the Taliban's return to power, the group announced the enactment of parts of the1964 monarchy constitution that are "not in conflict with Sharia" to govern the country in the interim. Observers have noted that thedastur is being followed, though there are few conflicts between it and the 1964 Constitution, which granted immense powers to the King.[14][15] In August 2022, Parwan GovernorObaidullah 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.[16]
Influential Taliban interviewees, including members of the Political Commission, have suggested that thedastur was never intended to be a permanent constitution, but rather a document outlining the Taliban's vision for a transitional state. Around 2010 thedastur 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 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 anIslamic state and theconstituent assembly would in large part be made up ofulema knowledgeable inSharia law. Some interviewees stated the 2004 Constitution was sufficiently Islamic, and that the Islamic Republic suffered political—rather than religious— illegitimacy, due to the influence of foreign powers. Therefore, they left the door open to a constitution substantially similar to the 2004 Constitution.[12]
An exploratory committee on the drafting of a constitution was formed in early 2022, however, no updates have since been given.[11] In September 2022, Acting DeputyMinister of JusticeMaulvi Abdul Karim stated that the Quran essentially functions as the constitution and all issues can be handled through 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.[17]
Hibatullah Akhundzada is thesupreme 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 the Rahbari Shura (Leadership Council) which oversees theCabinet 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.[18]
Currently, the supreme leader is also responsible for determining 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 asMawlawi and knowledge ofFiqh, he is broadly respected among the Taliban and thus seen as a unifying figure.[19]
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, the Rahbari Shura will oversee the Council of Ministers and determine key governmental decisions.[20] 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 theFall of Kabul in 2021.
This setup is reminiscent of how the Islamic Emirate of Afghanistan was governed from 1996 to 2001 withMohammad Omar being Head of the Supreme Council. However, the system has also been compared to theSupreme Leader of Iran and its clerical system of rule.[18] The council itself was also the executive body of the Taliban during theWar in Afghanistan, determining the overall direction of the group as an insurgency.
According to anAl Jazeera report, the Council of Ministers is powerless in practice, with all political power actually being vested with Akhundzada and the Rahbari Shura,[21] which is based out ofKandahar.[22]
The current caretaker cabinet was presented in an announcement on 7 September 2021.[23] The country as a whole is headed byHibatullah Akhundzada, who became head of the Taliban in 2016. ThePrime 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 andAbdul Salam Hanafi.[24]
In total, the cabinet (not including Hibatulla Akhundzada) included 33 ministers. All of the ministers named were men. Two ministers wereTajik, and one (Abdul Salam Hanafi) wasUzbek.[25] All other ministers, as well as Hibatullah Akhundzada, are from thePashtun ethnic group. As the country's largest ethnicity, Pashtuns have long dominated both the Taliban and non-Taliban politics.[26] Some members of the government served as ministers during theprevious period of Taliban rule which lasted from 1996 to 2001.[27]
The government was announced by the Taliban's chief spokesman,Zabihullah Mujahid,[23] who stated that this cabinet was not complete, with further appointments intended to be made.[25] While the Taliban had previously stated that they wanted to form an inclusive government, all ministers were long-standing members of the Taliban.[24]
On 21 September 2021, Mujahid announced the expansion of the Taliban's interim cabinet by naming deputy ministers.[28] Mujdahid defended the all-male additional members, saying it included members of ethnic minorities, such as theHazaras, and women might be added later. The appointment included figures fromPanjshir andBaghlan.[citation needed]
The full name of the state is the Islamic Emirate of Afghanistan.[27] As anIslamic state, Taliban policy is to implementSharia law.[24]
Unapproved protests were banned on 9 September 2021 following large-scale women-led protests.[29] Thepolicies regarding women include a ban on participation in sports.[30]
In September 2021, the government orderedprimary schools to reopen for both sexes and announced plans to reopensecondary schools for male students, without committing to do the same for female students.[31] While the Taliban states that femalecollege students will be able to resumehigher education provided that they are segregated from male students (and professors, when possible),[32]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."[31]Higher Education MinisterAbdul Baqi Haqqani said that female university students will be required to observe properhijab, but did not specify if this required covering the face.[32]
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.[33] Female students were officially required to wear anabaya and a hijab to attend, although some wore ashawl instead. Attendance was reportedly low on the first day.[34]
In March 2022, 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 theministry of education cited the lack of an acceptable school uniform for female high school students.[35]
Afghanistan's envoy to theUnited Nations has requested that the international community not recognise the new government.[36] The Taliban seeks such recognition, and it has not yet received this, other governments are engaging with it to an extent.[37]
Since coming to power, there have been reports of factionalism and infighting among various camps of the Taliban concerning areas such asspoils of war, contributions to theTaliban insurgency, and political appointments in the new government. Factions involved include bothpolitical moderates,religious fundamentalists,jihadists, and theHaqqani network.[22]
Afghanistan is now controlled by a militant group that operates out of a totalitarian ideology.
In other words, the centralized political and governance institutions of the former republic were unaccountable enough that they now comfortably accommodate the totalitarian objectives of the Taliban without giving the people any chance to resist peacefully.
The Taliban government currently installed in Afghanistan is not simply another dictatorship. By all standards, it is a totalitarian regime.
As with any other ideological movement, the Taliban's Islamic government is transformative and totalitarian in nature.
In the Taliban's totalitarian Islamic Emirate of Afghanistan, there is no meaningful political inclusivity or representation for Hazaras at any level.
