Hindus Fear Constitutional Rights Inadequate

Although what was once a large community has shrunk to just a few thousand, the remaining Hindu and Sikhs have tried to regain some of their rights since the end of the hardline Taliban regime, and have followed the development of a new constitution in the hope that it would enshrine tolerance towards local non-Muslims.

“Article 3 talks only about respect for Islam, and does not mention other religions,” said Cherang Singh, one of three Hindu and Sikh delegates at the gathering.

He believes that the stipulation that the head of state must be Muslim is discriminatory.

“We too are Afghans, and our fathers were Afghans, so why do we not have the right to run for president in future?”

In the draft, Islam is proclaimed the state religion although religious minorities are given freedom of worship.

There have been Hindus and Sikhs in Afghanistan for centuries, although numbers dwindled in recent years because of prolonged conflict as well as discrimination. Unfair treatment reached a peak under the Taleban, which instituted rules to make Hindus and Sikhs wear specially-marked clothes.

Now that a new constitution is being debated, Sikh representative Otar Singh sees the lack of specific provisions for minority groups as a cause for concern, “In Article 17 they mention improvements to education, higher education and religious studies, mosques, religious schools and religious centres – but our temples are not mentioned. That is a clear example that our rights have not been borne in mind.”

The third Hindu/Sikh representative at the gathering, Anarkali Huner Yar, pointed to Article 35 which says that political parties cannot be contrary to the spirit of Islam. He argues that parties should not be against any religion in any case.

Muslims who live as neighbours to Hindus in Kabul also expressed support for the rights of religious minorities, in the hope that relations might recover to as good a level as they were at in more peaceful days.

Haji Sardar, 55, recalled, “We used to live a shared life with Hindus here, but due to the internal fighting in this country, they have grown distant from us. They should be given the same esteem as was paid to their fathers and forebears."

Zainab, 45, who also lives next door to Hindus, remembers that in the time of President Najibullah – the communist leader deposed in 1992 – religious minorities enjoyed the full range of rights that other Afghans had. Now those rights should be restored, said Zainab, adding, “with the establishment of the Interim Administration in Afghanistan, Hindus' hopes to lead a new life grew. The constitution should not throw their aspirations in the river.”

For Royel Singh, a Sikh who has followed the Constitutional Loya Jirga on television, the main thing is to get on with approving the constitution. “I ask the authorities and the people’s representatives not to waste time,” he said. “When the constitution is approved, every countryman - whether Hindu or Muslim - can earnestly serve the country.”

Shahbuddin Terakhel is participating in the IWPR Loya Jirga reporting project.