Parliament Makes Little Headway

It’s been more than two months since member of Afghanistan’s first democratically elected parliament in almost 40 years took their seats, but legislators cannot yet point to a single solid achievement.



Even members of the Wolesi Jirga or National Assembly - the lower house of parliament which so far has failed to win public trust, has been ridiculed in the media and aroused some hostility from the government - acknowledge that there’s been little progress.



“We have had no achievements over the past two months,” said Shukria Barakzai, a deputy from Kabul. “Our time is taken up with making deals.”



While they’ve been busy coming to terms among themselves, parliamentarians have been unable to reach agreement with the presidential administration office on how the current government should be confirmed in office.



According to article 64 of the constitution, parliament has the right to confirm the cabinet and other major appointments. And article 161 states that the government must be formed within one month of parliament’s opening session.



Parliament first convened on December 19, and since then it has been engaged in a pitched battle with President Hamed Karzai over the confirmation process.



The legislature wants to confirm each minister individually. The president wants a straight yes or no vote on the entire cabinet.



“There are both good and bad ministers in the current cabinet. We cannot accept dishonest ministers for the sake of a few competent ministers, or reject all of them because of a few traitors,” said Kabir Ranjbar, a member of parliament and prominent legal scholar.



Presidential spokesman Karim Rahimi countered, “We respect parliament as an independent body. We do not want to interfere in its affairs. We would not force parliament to accept our cabinet, but we think it is much easier to vote for a group.”



The constitution does not provide any clarification on how confirmation should take place. The result is a standoff that does not bode well for future cooperation between the legislative and executive.



The two sides cannot even agree on how to begin the process. The president’s office says it is waiting for a request from parliament before submitting its list of ministers.



“Parliament has now agreed that it will vote individually, but they still have not officially asked us for a list of ministers. When we get a letter from parliament, we will then announce our final decision,” said Rahimi.



But Mohammad Younus Qanooni, the speaker of parliament, said that they were waiting for the list from the president, “The new cabinet has not been submitted yet, and we will decide about the vote of confidence once the president presents his list.”



Meanwhile, a new conflict is brewing over the voting system. The president’s administration wants an open vote, while parliamentarians prefer a secret ballot.



“There are still gunmen in power, so if the vote is conducted openly, parliamentarians cannot vote for whom they want,” said Farooq Mirani, a delegate from Nangarhar. “Even now, members of parliament are being threatened.”



According to Rahimi, an open, transparent vote would be more democratic. “People voted for their representatives. They should be able to see how they vote,” he said.



The present ministers were appointed by Karzai in December, 2004. In the absence of a parliament, they have run the country with very little oversight from any other branch of authority.



The dispute is about more than a list of ministers - it is a trial of wills between two branches of power. Karzai’s administration has ruled by decree since the elections in October 2004, but now it must accommodate itself to a fractious and inexperienced legislature which appears determined to flex its muscles.



“The government has not yet realised that there is another centre of power. It is called parliament,” said Ranjbar.



Analysts say it should come as no surprise that the newly-formed legislature has accomplished so little in its first two months.



“It has been a relatively short time since parliament was formed,” said political analyst Mohammad Qasim Akhgar. “We cannot expect great results so quickly.”



But, he cautioned, “Parliament’s performance to date does give rise to concern that it is unable to focus on basic issues. All they are doing is wasting time.”



So far, Akhgar pointed out, the only concrete work that parliament has carried out has been to take the minister of information, culture and tourism to task for “un-Islamic” broadcast content in the media. This, he says, has just distracted them from their basic task of approving the cabinet.



Malalai Shinwari, a parliamentarian from Kabul, agreed that confirmation of the government was the most pressing issue. But it will require some political horse-trading, she said.



“There is political rivalry in every society,” she said. “There must be concessions from both sides on the cabinet issue.”



So far, no one is budging. Parliament insists it has the right to examine multiple candidatures for each cabinet post until it finds one to its liking. Karzai’s office says that if parliament rejects three of its nominees for a post, the fourth should be confirmed automatically.



Legislators reject this proposal. “Parliament has decided that until a minister is presented who reflects the wishes of the people, it can reject all of them [candidatures],” said Ranjbar.



Presidential spokesman Rahimi is sure such disputes will be resolved. “We will ultimately reach agreement, because both we and parliament are seeking to establish an effective and skilled cabinet,” he said.



But some deputies aren’t so sure their colleagues are up to this.



“Parliament is made up of many groups and factions, most of whom gained their seats through the use of force,” said Mohammad Hashem Watanwal, a representative from Uruzgan in the south. “They cannot make decisions because they know nothing about parliamentary affairs.”



Political analyst Mohammad Hassan Wolesmal believes Karzai ultimately holds the upper hand in any dispute with parliament.



“The parliament has received a lot of privileges from the government,” he said, referring to what many see as the high salaries and generous expense accounts awarded to lawmakers. “These privileges are like a pillow over their mouths. The parliamentarians will vote according to their own personal interests.”



Some members of parliament so far have done little to enhance the body’s reputation. One private television station recently broadcast video footage of several deputies either asleep or playing games during a legislative session.



Small wonder, then, that few in Kabul have a kind word to say about their parliament.



“We thought that parliament would help us determine our future, but it has done nothing for young people or for society as a whole,” said Ahmad Khalid, 26, who sells coal in central Kabul. “Parliamentarians think about their own privileges, nothing else.”



Shahla, 30, who works at the Afghan Chamber of Commerce, agreed. “They have not been able to solve even one small problem since they began,” she said. “They will do nothing in the future, either.”



Sayed Yaqub Ibrahimi is an IWPR staff reporter in Mazar-e-Sharif. Amanullah Nasrat is an IWPR staff reporter in Kabul. Salima Ghafari also contributed to this report.