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No Constitution Can Be Formed Under Occupation: Hekmatyar

The constitution was aimed at giving legitimacy to U.S.-led occupation forces and grant it a constitutional immunity, Hekmatyar

By Husbanullah Mutawakel, IOL Afghanistan Correspondent

BESHAWAR, June 19 (IslamOnline.net) - While a new constitution is currently being prepared for Afghanistan under U.S. supervision, former Afghani Premiere and head of the Islamic Party Gulbuddin Hekmatyar slammed the constitution as a game of the "puppet government" aiming at giving legitimacy to U.S.-led occupation forces.

Being under U.S. occupation and the lack of a central government that controls all Afghani states are not suitable circumstances to issue a constitution, Hekmatyar said in a statement a copy of which was sent to IslamOnline.net on Wednesday, June 18.

He also called for fighting U.S. occupation before proceeding to prepare a constitution.

“A new constitution can not be issued while U.S.-led forces are still occupying the Afghani capital and towns, deploying their military bases in Bagram, Khawagah, Roush, Khost, Gardez and Qandhaz and killing and detaining Afghanis,” Hekmatyar said.

Hekmatyar, who was declared a “terrorist” by Washington last year, said the constitution was aimed at giving legitimacy to United States-led "occupation forces" and grant it a constitutional immunity.

"The game of constitution making by (the) Afghan puppet government is a joke and farce like the Loya Jirga," the statement said, referring to the traditional tribal assembly which created the current 18-month transitional government last year.

He added that to pass a new constitution, the country should be free and the people should have freedom of opinion, will as well as independence. The country should also be governed by a popular government, approved by the Afghani people, he said.

"Under the Geneva Convention, no occupation force has the right to make changes in text books and the constitution of occupied countries," the statement's added.

Constitution Of The People

“The Shura Council representing the people should be the sole body preparing the new constitution. It should monitor all its stages. Such a constitution should observe customs, traditions and cultural heritage of the people,” Hekmatyar said.

“This can be done in a free country that does not suffer under the yoke of occupation. The parliament should be elected by the people in a free atmosphere, away from internal and external pressures.

“According to Geneva Treaty, signed by most of the world states including U.S., the occupying forces may not interfere in the constitution, educational curricula and penal codes of the occupied countries. Yet, U.S.-led troops would like to draw up the constitution after modifying our curricula and judicial systems” he added.

Hekmatyar called upon “the foreign troops to leave Afghanistan, ensure its national independence and grant it the right of self-determination and the right to nominate its real representatives through transparent elections.”

They Supported The Russians, Now The Americans

“Unfortunately, some intellectuals have joined the occupying forces due to their differences with the Mujahideens. Such intellectuals had previously supported the Russian invasion and participated in battles waged by the Russian troops against their own people,” he said.

“Some of them deemed the Russian invasion of Afghanistan as a war against backwardness and imperialism. They call for continuous existence of foreign troops in Afghanistan.

“Social change in Afghanistan will not be changed by means of force. Once those invaders leave, such changes will be ignored by the Afghani people,” he underlined.

“Occupying forces will not remain in Afghanistan for good. They must leave to settle internal problems at home or to resist freedom fighters elsewhere in the world. Hence, such arbitrary rulers will collapse and will not find refuge anywhere.”

A Central Government

Meanwhile, Hekmatyar emphasized the need for a central government that controls all provinces in order to create a strong constitution. He said that the current government can not provide security for its people as the head of the government himself is protected by the U.S. forces inside the Presidential premises.

He pointed out to the lack of security in different towns and to the constant fighting among internal groups of the government, leading to the death of tens of innocent people.

He wondered about the benefits of the new constitution as long as the government does not move to settle the problems of the people.

“Did the previous constitution solve the problems of the government? Did it provide security, accommodation, food, clothing, treatment and education to the people? Did it prevent robbery, treachery, bribery, internal wars and homicide? What do they expect from that new constitution?” Hekmatyar asked.

The first written constitution known in Afghanistan was during the reign of king Amanullah in 1920. It included 73 articles. The second constitution was under the regime of king Mohammed Nader Khan in 1928 comprising 110 articles. The third was in 1969 with 128 articles and the fourth was in 1974, comprising of 13 sections and 136 articles.

The fifth constitution was applied in 1978 with 68 articles, while the sixth was in 1985 with 13 sections and 149 articles. It was amended in 1988. The government of Burhanul-Din Rabbani prepared a new constitution in 1991, but it was not put into force.


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