Afghan Constitution debuts

However, that decision could set the stage for additional tensions between Karzai and his political rivals, including Defense Minister Mohammed Qasim Fahim, who had strongly supported the creation of a prime minister - a role he might have played.

Matters look much less specific when it comes to criminal and civil laws. Advocates for more progressive laws say they wanted the Constitution to refer specifically to "men and women," but lost that battle to more traditional forces on the commission, who preferred the language of protecting the rights of "all Afghans." By leaving out references to women, some legal experts say, the drafters are signaling a hands-off policy to parts of sharia that govern life in many Islamic societies - and view women differently from men.

"There are some things in which you cannot make women equal, such as in marriage, divorce, testifying in court, inheritance, and even leadership of the nation," says a member of the commission who asked not to be named. In the end, the conservative viewpoint won. "Ultimately the president has the final say, because this was not an independent commission," the member says.

Judges and legal experts, both here and abroad, say that even if the Constitution calls for a system that gives deference to sharia, it is unlikely that the sort of brutal punishments implemented by the Taliban - such as stoning adulterers and cutting off the hands of thieves - will be ever be meted out under its auspices. Ultimately, the future national assembly will decide how Afghanistan's criminal laws will look.

"Right now it's the most progressive constitution it can be, given the circumstances of an Islamic state," says Musa Maroofi, a member of the drafting commission who has pushed for a more liberal outlook. "It's very fair, balanced, democratic, and progressive, given the social realities," he says. "Men and women are equal before the law in all aspects except a few specific ones. We feel very happy, but if you are a progressive Western-style rights believer, then perhaps you will be disappointed."

According to the draft, Afghanistan's president will be able to nominate half of the upper house of parliament, or the Meshrano Jirga (House of Elders), while the lower chamber will be called the Wolesi Jirga (House of People), according to a statement from the commission. He will also have the power to dissolve and appoint the cabinet "with consultation with the parliament."

Despite some of what it lacks, the Constitution represents several achievements for individual rights. It promises freedom of expression, the right to hold nonviolent demonstrations, and to form political parties - as long as they are not based on ethnic, religious, military, or regional lines. The latter provision, if enforced, will present a challenge for several Afghan warlords who are expected to try to morph their militias into legitimate political parties ahead of elections.

The draft Constitution now faces public debate, and the final version is expected to be hammered out at the loya jirga, set to meet on Dec. 10.

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