Where are the executors & practitioners
A valid reason behind the credibility of a state’s constitution and that of its categorical laws is its execution and practicability. Putting western and advanced countries aside, where both the legislators and public are well aware of their constitutional rights and abide by governing laws at all times, undeveloped and developing states are pretty much accustomed to getting along pretty good with lawless societies and dysfunctional political leaderships. Afghanistan certainly cannot be an exception in this regard.
In Afghanistan a devastating civil war brought about a rogue civil society ready to violate the rule of law. Though, it is to a great extent the legislators and high ranking state officials who they look up to and as consensus also reveals it is the top political hierarchy who are the main culprit in this regard. But we still have been quite lazy to share the blames equally and work on our part to have a friendlier approach towards the legal system.
We have to clearly realize that we are better off living in a lawful society as compared to a county with no sheriff. It is not always the state institutions that should execute laws while on the contrary; the implementation verily starts from the grass root levels within the general public itself. A well-informed and self motivated population could easily guide the political leadership to the right path and avoid abstraction of justice and willingness towards bureaucratic corruption by state bureaucrats.
In addition, unless we change our attitude towards all the unconstructive phenomena surrounding our society the chances would remain meager to place a functional leadership and an intact environment for the future generations. With an unprofessional parliament with the only achievement of legislating laws with no solid endorsement for its implementation along with a political leadership that changes policies and statements each single day a little could be hoped to remedy the society and emerge as a society that abides by law.
I strongly believe that whether it is the Islamic shariah law or its equivalent civil law, its real essence shall be its practicability. In countries where judiciary has an upper hand in dealing with the discrepancies, the society is well-organized and keen to modernization and moving forward. Moreover, in order to transform an anarchistic society to a law respecting citizenship it indeed requires a taken responsibility at each single level of the public. If I am convinced enough to abide by law at my jurisdiction I am sure it will have a huge impact on my subordinates and the society as whole would be better off.
In Afghanistan we have always carried the sacred banner of Islamic republic throughout our recent history. This banner preaches for the rule of law, severe punishment for those who violates and similarly rewards for those who follows. Though, the rule of law to a great extent initiates in a personal level, but at the same time the elected political institutions that are there to oversee its implementation need to be just and tough enough to implement either law on a serious manner.
Today it is the state bureaucracy which has allowed the public to take the laws as granted and fear no consequences upon violation. If you conduct a random street interview and ask an anonymous person for his violation of a simple traffic law, he/she would definitely respond by saying that the other guy just did and easily got away with it then why shall I give a damn about it. Only an awakened citizenship along with a sound leadership can direct a particular nation to be law abiding and prevent the society from going into social turmoil.
We direly require institutions to oversee the implementation of each single legislation passed by the parliament, so far the MPs have not able to utilize all the necessary means available to safeguard their legislation and make the state institutions to properly execute them. In fact, a passed legislation without any executing credibility will only remain a piece of paper with no intrinsic value.
Eventually, Afghanistan has to take the responsibility of its own security post 2014 when the foreign troops start leaving the country. It is to the Afghan people and the political leadership to orient ourselves with the rule of law and we shall transform into a dynamic and integrated republic. It would be a very crucial time for us to remain in the right path and not necessarily compromise a decade’s achievements to bring a fragile and shallow peace to our homeland. From now on each step which is taken towards a lasting reconciliation with armed opposition of the government shall fully be guaranteed with continuing the same route in the future. Safeguarding the Afghan constitution, emphasizing on judicial supremacy, respecting women’s and human rights, continuation of democratic elections, sustainable relations with the neighbors and our strategic allies and last but not least our national security shall always remain our focal criteria for initiating any peace dialogue with the insurgents.
Author: Naser “Koshan”