LOYA JIRGA AS THE AFGHAN REPRESENTATIVE COuNCIL: IT’S historical paST AND PRESENT relevences
DR.M WASEEM RAJA
LECTURER IN HISTORY
DEPARTMENT ON HISTORY
A.M.U, ALIGARH INDIA-202002
A. Definition and Historical Perspective:
According to Steingass’ Persian-English Dictionary the term Jirga ((جرﮜه is a council, ring (of men or beast); Jirga كرد ن انداختن) ساختن ﮎشيد ن ) to sit or collect in a circle as members of an assembly, or hunters surrounding the game).1 In Raverty, the Jirga has been defined “as an assembly, a party met for consultation, a sort of democratic council amongst the Yusufzais.2 But Jirga is a Pashto/Persian/Mogholi (Mongol) phrase meaning group, category or rank and in a broader sense ‘the grand council’. But the phrase Loya Jirga is more Pashto in its common parlance and it means a "grand council". The word "Jirga" also means” circle of people” whereas loya (ﻱوﻟ) means great. But Afghans more commonly use it to refer to the gatherings, where important decisions are made. "Loya Jirga" means "grand assembly/ grand council” and over the times it has come to be associated with ‘the forum where important decisions of a national significance are made.’3 In the words of a famous scholar on Afghanistan, Gregorian Vartan “jirga was based upon the concept of communal authority, theoretically every tribesman was both soldier and lawmaker and could aspire for the leadership”. As an institution the jirga reflected the distinctive feature of an Afghan tribalism in which the attachment of an individual was to the tribal community headed or led by the chiefs who had authority to take any major decision on behalf of the tribe. In cases involving the internal disputes or temporary tribal alliances the Jirgas were all powerful. Frequently they amended or repudiated the decision of maliks and kha‾ns with its democratic spirits and tenets, the jirga defied political centralization and its constant accommodation of regional interest made it a particularly decisive force in the drive to form a modern and unified state”.4
In the socio-political context it is used to refer to a meeting or assembly, convened for the purpose of consultation or plebiscite on a local, tribal or national issue. The distinguishing characteristics of the Jirga from other assemblies or plebiscites are “its agenda, mode of function and objectives”. The Jirga is a forum intended for the participation of ordinary people mostly led by the tribal chiefs and relies for its decisions on the people’s vote. That is why it is often referred to as a sort of referendum or plebiscite. The other kind of Jirga is Ulusi Jirga, ((اؤلؤ سئ جرﮜه which is localized and involve issues pertaining to the petty tribal disputes of familial, property, marriages, adultery, water rights, the rights of individuals within families mediating peace between feuding clans, types of cases along with tribal honor if at stakes. In its inter-tribal form, it is through the jirga that agreements on water rights, land borders, right to pastures, trade, tribal feuds, vengeances etc, are reached. In comparison to that loya Jirga involves bigger issues of national interest and often convened by the Afghan rulers. The ulusi jirga is smaller in nature and scope. 5
Loya Jirga as historical institution, have played important roles in the past deciding the future and fate of Afghanistan. Afghanistan has always been represented through that very traditional rooted customary forum. It is made of representatives from different tribes and factions, mostly the tribal elders, spiritual Mullahs and feudal landowners as well as the appointed government officials. The local leadership selects the representatives with the view in mind that no tribal group is left without representation. The sense of self-governance and tribal elders’ pride usually drive them to ask for the share and say in the governance of the country, which they express through the jirga. The person with religious aura gets maximum notice while selection for the jirga is made. While selecting a leader his long-standing service, age and family status, are accordingly taken into consideration. Through the forum the representation of various tribal groups, communities or sub-tribes is ensured, says Larry P. Goodson.6 Loya Jirgas have traditionally been made up of all tribal leaders and other elders - almost all men - sent to Kabul by local shuras (ﻩﺮﻮﺸ) village-level councils.7 The institution of loya jirga acquires importance as it presumably enjoys backing of a large majority in the country. In the monarchial set up the importance of loya jirga has always been decisive as the government in Kabul required Jirga’s ratification and continued support for the government’s survival.8 It is a forum unique to Afghanistan in which, traditionally, the tribal elders and chiefs from the stocks of Pashtuns, Tajiks, Hazaras, Uzbeks, Turkomen, Nooris, the Baloochis, Kizillbash, Kirghizs and others have been represented. But undoubtedly it is the Pushtun stock from southern parts of the country that has the history of domination for centuries. It is on the basis of their numerical strength and claim of being true Afghan .9
It is fairly difficult to establish whether the institution is derivation from Islamic ideas of council or is it purely a indigenous tribal institution? Though it was in the vogue much before Islam came into picture, but its’ character is fairly similar to the idea of Islamic "shura", or consultative assembly.10 The prevalence of jirga is also associated with the peoples’ choice. As the system is traced to the Moghuls, who introduced the phrase ulusi jirga, ( ﺲﺅﻠﺅ ﺃ) being the Moghul term for ‘people’.11 It is a fact that human societies in their long historical evolution have used councils and meetings to decide on issues that directly impacted their lives within their families, villages, tribes and regions and thus arose such institution.
B. Councils and Jirgas in Afghan and Islamic Societies: Caroes’ impression of a Jirga appears exact to its nature and functioning. “A Pathan idea of representative institution – as an instrument for Maliks and other tribal elders sitting in conclave, surrounded by as many of the younger warriors as may have presence and personality enough to be admitted without question. In major matters such conclave may represent a whole tribe; when lesser issues are at stake, it will represent a clan, or sub-section, small or large. The unwritten law that the jirga takes decision, which in the end overbears opposition and are, accepted as unanimous. Minority opinion will be given, but unless the argument or personality is strong enough to sway the jirga, they are borne down by rude eloquence, by the personality of the most persuasive or forceful, and in the last resort by force. The essential point is that everything takes place in the open and there is nothing like secret ballot.”12
From tribalism to the Islamic and somewhat modern way of representation, the institution of loya jirga has traveled a long way in the Afghan context. Indeed there is a wedding of purely tribal institution of jirga, with that of the Islamic ideas and institution of representation. When Islam entered into Afghanistan it influenced the Afghan institutions. Islam with great sense of justice in Islamic fiqh فقه) ) jurisprudence and equally strong shariah law (قانون شرئعت), was greatly suited to the ways of finding the intriguing tribal customary social and political problems. Thus, already present jirga system in Afghnistan naturally developed co-relation in deciding various issues. Pre-Islamic Arab tradition of council and consultations found its way into Afghanistan along with the Shariah and Quranic principles of justice, which did have effect on the functioning’s of jirga. The institution of jirga found support from Islam when Quran declares “Councils to have priority over the state” and if “the head of the State doesn’t respect the decisions of the Council he could be impeached”. Apart from that, the study of early Islamic institution show the greater similarity with that of Afghan Jirga.13 To start with the (Khilafah (خلا فه Islamic Commonwealth it was assisted by a shura (ﻩﺮﻮﺸ) ‘Council of Elders’ composed of the principal companions. It held its meeting in the Mosque of Prophet and was often assisted by the notables of Al-Madinah and Bedouin chiefs present in the city. Besides anybody assembled in the mosque could give his opinion. The elders of the Council were drawn from the muhajirin محاجرين)) and the Al-ansar الانصار)).14 It decided mostly the cases of state affairs, ranging from selections of the Caliph and other great men to, distribution of war booty in far of land and property etc; it was in the intial stages of Islam that the institution of Islamic shura had worked successfully only under the early Khalifas (خليفه) especially under Umar I.15 According to Encyclopedia of Islam shura (ﻩﺮﻮﺸ) (together with mashwara,, verb ashara “to point out, indicate, advise, counsel”) meaning consultation.16 Shura is especially used for the small consultative and advisory body of the prominent Quraishis قر يشي) ) (The tribe of the Prophet) which eventually chose Uthman b. Affan as the third Caliph over the Muslim community, after the assassination of Umar b. al-khattab in Nov. 644. The practice of consultation by the Sayyid or Shaykh of a tribe with the leading men was known in pre-Islamic Arabia too.17 The idea of shura and as a means of selecting Caliphs and other great men in the state, i.e; the principle of election, seems to have been especially attractive with the Ummayids.18 Shura was practiced in Islamic lands. The shura of the kadhis especially flourished in al-Andalus where it was exercised by the mushawrun (مشاورون) from the Ist half of the 9thc.19 Under the Ottoman Turks bodies with deliberative and advisory authority bearing the name shura(ﻩﺮﻮﺸ) were set up by Muhammad Ali in Egypt in the 1820’s, by his son Ibrahim in Egyptian occupied Syria and Palestine in the 1830s, and by his grandson Khedive Ismail in Egypt again. The latter assembled a consultative “council of delegates”. But the growth of Afghan institution of loya jirga is very much indigenous or localized. It is much based upon the fact that being a tribal society and steeped in tribal culture, Afghanistan derives various problems from its socio-economic settings too. The scattered tribal groupings did require consultations and for deciding various tribal, intra-tribal, national issues or issues of war & peace they needed a jirga where they could decide those pertinent issues affecting the tribal society.
c.; KIND OF LEADERSHIP------Lack of growth of modern democratic institutions in Afghanistan unlike other countries, where western imperialism had prevailed, makes it amply clear that how Loya jirga have survived in modern times. Otherwise, the institution of Loya jirga is totally outdated and doesn’t suit to the already changed world. Unacceptable to the Afghan psyche and abhorrence to any western ideas of representations and institutions, no other representative institution other than the “very tribal loya jirga” could have found a place and flourished in Afghanistan. As a method of people’s representation, a respectable tribal elder (The respect he might have enjoyed due to his tribal lineage, religious status of the lineage, the past deeds of chivalry and any other acts of the personal valor or simply the advanced age, as generally the tribal elders has come to enjoy great sense of respect in the tribal setting) is designated to represent his tribe to any such gatherings of the tribal elders (While the hostilities within the village fell into the jurisdiction of the Jirga or are allowed to run their course, confrontation between villages call for the mediation by a saint. Saints will also take leading role in time of aggression by powerful outsiders. During the three recorded wars with the kingdom of Dir, saintly leadership provided the Yusufzais of Swat with the necessary unity to beat back the invader.20 Besides the leadership of the khan, Barth detects a saintly style of leadership exercised by all men of religious standing, by the Sufis pirs, sayyids, miyans or mullahs ( صو في مير سيد ميان ملا ه).21 The Saints are outsiders to Pushtun organization and have no access to Yusufzais assemblies Jirgas.22.The title and the function of the leadership among the Pushtun of Khost coincided with the example given by Ahmad for Mohmand. The Jirga attended by all tribesmen continued to be in charge of all village matters and the maliks were solely concerned with the execution of its decision concerning communal projects. The Pushtunwali code put limits on the authority of the religious leadership. But Sayyids of Khost (due to their generosity, hospitality and almsgiving) by contrast, appears to enjoy a high reputation in compared to the Sayyids/Miyans سيد) ميان )among the Mohmands. Though outsiders to the Pushtun society, they play significant role in the politics of Khost basin and unlike their Mohmand counterparts, they have a voice in Jirga. 23 The sense behind such representation is that of infallibility of the local tribal leaders. They carry immense load of respects in the tribes whom they represent. Such leadership is presumed to be the tribal benefactor and supposedly he’ll not let down the tribe through his actions and words. Such amazing predetermined belief in his leadership saves the entire tribe from being a direct participatory in any political, social or issues of any general interest. To the tribe the participation by tribal leader is more than enough and the decision taken by him on behalf of the tribe is binding upon the tribe and without any challenge. That also saves the tribe from going to huge preparations for elections such as voter registration, establishing of polling centers, assigning of judges to ensure just and correct application of voting procedures and counting of votes either manually or by machines. Loya jirga as a large gathering is indeed historical institution, which was convened from time to time in Afghanistan, originally attended by Pashtun groups but later on included other ethnic groups. The attendees variously included tribal leaders, political, military, religious figures, royalty and government officials, etc. The meetings had no regular schedule and were decided only on the basis of emergent situation, and called often by the ruler when the urgency had called for.
D.The Need for and Objectives of Convening a Loya Jirga; For any successful functioning of modern democratic institution at least 50% literacy rate is required in the society, which has always been missing in the afghan society. It is a big handicap for starting any modern democratic process. Afghanistan’s topography too is big impediment. Even in 21st c. the most part of Afghanistan remains out of touch from the mainstream. The prevalence of sedentary and nomadic way of life has set aside a large chunk of populace out of touch from the national mainstream. Financial burden for hectic politicking has always been impediment for the poor economy like Afghanistan. Keeping the century old tribal norms and customs in mind and other handicaps, it can be safely said about Afghanistan that as long as tribalism prevails in Afghan society Loya Jirga would serve as the best method of a representative body. The tribal leadership is not confined to any particular strata of the society. Its upward mobility provides leadership at all level. Starting from tribal clan (khel ﻞﻴﺨ) to locality village, district, provincial, and at the national level, it is spread across the entire Afghan society. However some scholar has categorized the type of Afghan jirga into three: local, tribal and national.24 However, the categorization doesn’t appear to be so strict. The entire process of ideas of jirga is convention based. Accordingly, the entire process of calling Jirga for deciding any particular problem from local to national level, is convention based. Matters relate to inter-tribal disputes, social reforms, declaration of war or adoption of treaties of peace, selection of a new ruler, chalking out defending the nations’ honors especially religious values and territorial integrity, deciding on the type of government, seeking agreement of the nation to social, economic and political legislation, adopting a Constitution for the Country or concealing previous constitutions or laws, especially made by the previous king or ruler etc, falls under its purview. No time limit is set for the proceedings of Jirga and continues until its agenda is exhausted and decisions are reached. A Jirga can be convened at any time and any place, in accordance with social and political needs. Usually the rulers have convened the Jirga for the purpose of getting maximum support for any big measures at national level but it can be convened at any level. The tribal chieftains collectively decide for the convening of the Loya Jirga. In fact the tribal chiefs call Jirga for implementation of any pending agenda through ratification but the success is not guaranteed that the particular agenda would find thorough passage. Meetings of the historic Loya Jirga, used for more than 1,000 years, have solved many of the country's difficult political impasses and other pertinent issues. It has been one of the few mediator processes recognized by the variety of ethnic and religious groups in the country.25 The absence of women from the jirga has been a vital part of the existence of jirga. That seems reasonable in male dominated tribal oligarchy. Islamic observance of purdah and prohibition in free mixing with the male folks, have led the distancing of women from being a part of such traditionally male bastion.26 ---------------------------------------------------------------------------------------------
E. Membership, Venues and Deliberations; For membership to the loya jirga tribal power and economic status of the leader or elder has also had an important role to play in the selection of tribal or clan representatives. The election is thus avoided with one exception during Mohammad Daoud to decide on choosing the republican system for Afghanistan. Based on the same principle, in Afghanistan, the Senate, called De Mishrano Jirga(مشرانو ) or the Council of Elders, consisted of both elected and appointed members. Apparently, to appease the nation during its difficult war against the Soviet occupation, a newer version of this Constitution was presented to a Loya Jirga convened by the Communist regime in 1987 in Afghanistan. It is in this Constitution that a Chapter called Loya Jirga provided a written description for the Jirga. The description reads: “Loya Jirga: This is the highest manifestation of the will of the people of Afghanistan. It is composed of: the President and Vice-Presidents, members of the Meli Shura (ملي شوره) National Assembly, the General Prosecutor, the Council of Ministers, the Attorney-General, his deputies and members of the Attorney-General’s Office, the chairman of the Constitution Council, the heads of the provincial councils, representatives from each province, according to the number of their representatives in the Ulusi Jirga (House of Representatives), elected by the people, by a general secret ballot, and a minimum of 50 people from among prominent political, scientific, social and religious figures, appointed by the president. The draft further reads; The Loya Jirga is empowered: to approve and amend the constitution; to elect the President and to accept the resignation of President, to consent to the declaration of war and armistice, and to adopt decisions on major questions regarding the destiny of the country. The Loya Jirga shall be summoned, opened and chaired by the President. Sessions of the Loya Jirga require a minimum attendance of two third of the members. Ulusi Jirga (House of Representatives) members shall retain their membership to the Loya Jirga until a new Ulusi Jirga is elected. Elections to the Loya Jirga shall be regulated by law and the procedure lay down by the Loya Jirga itself.” Prior to this, the number of participants of the Loya Jirga was not determined. That is why different Loya Jirgas had different numbers of participants. However, an effort is usually made to ensure representation both on the basis of geography and ethnicity. Generally the historical Loya jirga had been convened in the capital town Kabul and other important towns.27
The mode of functioning of a normal Jirga is very simple. One person is usually put in charge of the Jirga gathering; the topic under discussion is put to the participants who debate around the issue. A resolution is reached by general consensus, and so gains local, tribal and national legitimacy. It is thus ready to be enforced. There isn’t any specification for date and timing of holding Jirga; Jirga is dissolved once the jirga has reached an agreement on the issue.28 There is no specific dress code for the meeting. But generally tribal elders wear turbans, Persian lamb hats or embroidered quilt coats and would throng the place of Jirga. Almost all the deliberation is done in Pashto and Dari(---------), with the inclusion of the occasional Quranic quotes in Arabic.29 Despite being a free institution, deliberation of Jirga is not free of manipulations and can be unfairly favorable to a particular party in certain cases. In that regard the successive Afghan regimes have benefited. In fact the nominated members play a significant role, which tilts the balance of judgment in favor of the convener. The convener has the right to convene a choiceable numbers of participants. This practice tends to direct the outcome of deliberations to the benefit of the ruler. Particularly King Nadir Shah is more accused of manipulation of loya jirga for his political gain by the afghan historian Mir Gholam Ghobar.30 AS he writes:” In order to cover the real face of his regime with an artificial mask, he based his policy on fraud and from the beginning he declared a policy of agriculture, commerce etc. Later in September 1930 he convened a Loya Jirga of 301 recommended representatives of Afghanistan’s provinces and added 209 state officials and military officers in it. He also accepted 18 foreign diplomatic envoys as listeners and observers of the Jirga. The Majority of Jirga members consisted of spirituals and feudal land owners as well as appointed government officials, all in the service of the State; the Jirga was steered in the name of religion, by a number of Mullahs in the service of the government so that whatever was dictated to them by the King and his family would get ratified by the Council. Before the opening of the Jirga, the King kept the representatives busy and impressed by inviting them to official banquets. Then he presented them each with a cloak and a turban and officially opened the Jirga. The objectives of this Jirga were twofold: First, to nullify the progressive decisions of the elected Jirga of 1928 at Paghman that had acquired legality. This was done to abolish official titles and formal wear for government officials, determination of the worth of people before entering Government service, giving account of their personal expenditures, the law of employment, renewal of the authority of Justices and County Administrators, establishment of general inspection department, determination of punishment based on previously written laws and determination of cash penalties, establishment of modern civil courts, freedom of the press and criticism, abolishing of marriage of underage girls and determination of the marriage age, freedom of abolishment of veil for women, requirement of diplomas for mullahs, changing of the insignia of the national flag, establishment of the National Assembly consisting of 150 literate representatives and the like. Secondly, it was to demonstrate the decisions of the Jirga as those of the nation to King Amanullah. Therefore, on one hand the legal resolutions of the Paghman Jirga were nullified while on the other resolution No.5 was passed against King Amanullah who had asked for his personal property to be returned to him. The resolution adopted by the Jirga in 1930, called King Amanullah traitor to the nation and a thief of Afghanistan’s property. The resolution asked for the return of the wealth King Amanullah had taken with him. In order to recover this wealth the Jirga named Nadir Shah as its representative.” That is a specimen of the deliberation of a jirga, which may not be very objective description as Sayed Askar Mousavi casts his doubts over the intention of the historian Mir Ghulam.31
F. Important Historical loya jirgas;
Loya jirga according to Dr.Rauf had legendry origin in a council where the first Aryan king Yama was crowned by a heavenly eagle by the side of river Oxus.32 Another recorded Jirga was convened by the Kushana Emperor Kanishka (78 A.D—101A.D).33 He had invited some 500 participants mainly spiritual leaders to decide on the measures for reformation of Buddhist religion. Similarly in the history of other Asian nations great councils have been recorded. During 13th century Genghis Khan rose and dominated the Central Asian scene. His rise is mainly attributed to the Grand Council (known as Qurlatai قرلتي similar to a Loya Jirga) he convened with the participation of all the leaders of his tribes, and through that he executed his plan of conquest. Though Qurlatai decided on a constitution that was called Yasa (jasa, jasaq law code in some sources)where as loya jirga remained unwritten conventions, regarding the proceedings of the council.34 Yasa proved to be the main guide in the conquests by Genghis Khan and his descendents. Dr. Tabibi has referred to some of the articles of Yasa, in his book Afghan Prides.35 Here are samples of some articles of Yasa: “It is herewith ordered that everybody must believe in the existence of only one Almighty God as the Creator of Heavens and Earth and the giver of death and life, wealth and poverty. Religious leaders, preachers, callers to prayers in mosques, doctors, and washers of the bodies of the dead have immunity in courts. Death penalty will be given to anyone who proclaims himself Emperor without the consultation of the general assembly of princes, nobility and military officers. No peace treaty is to be signed with any king who does not submit to Mongols and the princes and tribes who are fighting us. The laws that organize the military in groups of tens, hundreds, thousands and ten thousands must be respected. These laws result in an orderly organization of the military. Those who join the military shall work for free for a given period of time for the Emperor. Slashing their necks should not kill animals that are slaughtered for food. Instead the legs of the animals should be tied up and the hunter should draw out the heart first. Rape is illegal and the rapist shall be given the death sentence. The marriage law permits men to buy their consorts, but marriage with close relatives is not allowed. However a man can marry his sister or can have many concubines”.
Genghis convened a number of other Grand Councils or Loya Jirgas, and his last one was in 1221 in Samarkent.36 In this last Jirga, he told the participants that the great victories scored by Mongols were all due to their respect and equal implementation of Yasa as proclaimed in the Jirga. That is just an example how the tradition of Jirga had been effective in the Mongol tribal formation and how everything came under the purview of Jirga. It also shows that not always have the decisions of the councils been just, civil, practical or eternal. They have reflected however, the wishes of the leader, the ruler or the strongman of the tribe. But in Afghan history, there have been other Loya Jirga of great significance. Farid Maiwandi has listed sixteen of them in his analytical paper on Loya Jirga.37 The list provides information on each of the sixteen Loya Jirgas that were held from the time of Kanishka the Great to the President Mohammad Daoud and his Loya Jirga of 1976.
Loya jirga as a large gathering is indeed historical institution, which was convened from time to time in Afghanistan, originally attended by Pashtun groups but later on included other ethnic groups. The historically important Loya jirgas in the history of Afghanistan included the following along with unaccounted number of ulusi jirgas , ((اؤلؤ سئ جرﮜه for settling petty disputes. One of the first recorded meetings of Loya jirga in modern history took place in 1709 when the people of Qandahar, Farah and Sistan secretly gathered to plot a decisive rebellion against what they believed to be the tyrannical foreign governor, a puppet leader installed by the Persian Safavid dynasty (1501-1722).38 Pushtun representatives, tribal chiefs, to decide on a ruler for an independent Afghanistan, attended the loya Jirga held in 1747 in the shrine of Sher Surkh in Kandahar. The Jirga had a difficult time reaching an agreement when on the last day they decided on the mediation of a religious figure Saber Shah Kabuli, the son of a famous mystic Laikhwar from Kabul. He chose Ahmad Shah Durrani to become the King of Afghanistan.39 Perhaps that was the most famous Loya Jirga, which took place in Afghanistan in 1747. The meeting deadlocked by nine days of debate the loya Jirga chose Ahmad Shah Abdali the king, as the only man who hadn’t spoken a word the whole time. The Jirga chose the man who founded the modern state of Afghanistan and tried to bolster its image. 40
Dost Mohammad khan in order to increase his power base incorporated a number of his own tribesmen, thereby he also gave his court the appearance of a tribal Jirga” in contrast to the ritualized court proceedings of the Saddozais. Under Dost Mohammad Khan despite the decline of religious institution, the position of the ulema still tended to be stronger in the parts of the country ‘completely under the Royal authority’. In the tribal areas their role was limited to the activities taking place in the village mosque, such as daily prayer and giving religious instruction to the youth. Given the strong role of Pushtunwali(پشتون والی ), the administration of justice tended to rest with the village Jirga rather than the mullah. In the urban areas, by contrast, members of religious establishment not only enforced public morality but also had part in their administration of justice.41
In 1880 the Iron Amir, Abdur Rahman Khan, for deciding some emergent pertinent issues, called for the convening of general assembly (loya jirga). The general assembly (Loya Jirga) included three groups of Afghan citizens, certain sardars (princes) of the royal family, important khans or khwanin-I-mulki, (خوانـىن ملكي) from the rural power elites from the different parts of the country, the religious leaders and others. On different occasions Amir Abdur Rahman invited influential members of the general assembly to attend council meetings.42.
We come across references of scores of Small and big jirgas taking place in the frontier areas as a result of British incursion in the areas. The interesting study can be made of the fact that when the North West frontier areas (mostly inhabited by the Afghan tribesmen) came under the direct control of the British government of India, it caused various ticklish problems of how to tackle those warring tribesmen who did not care for the British or any laws except that they believed in their own method of settling their disputes. Later on the British policy makers decided themselves to use the old custom of holding jirga for deciding various localized cases pertaining to tribal disputes. More after the demarcation of Durand line(--------) by the British, which resulted in the division of hitherto one Pushtun Tribe who fell on both the side of the Durand Line. Caroe then serving official had suggested for the “wedding of Pathan ideas of tribal organization with the western concept of representative institution” for the purpose of controlling of the unruly tribes who even after the demarcation of Durand Line were posing serious challenges to the British controlling authority in the frontier areas.43 Their total disregard to the British or western laws led the important decision of the British government to pass the Frontier Crimes Regulation, authorizing settlements by customary methods of quarrels arising out of the blood feud, of disputes about women, and questions generally affecting Pathan honor. The magistrate was given the power to withdraw such cases from the ordinary courts and submit them for the arbitration by the jirga. In such cases the jirga did not mean all the Maliks and elders of a whole tribe, acting in conclave as a deliberate body, but a group of elders designated by the magistrate (and acceptable to both parties to a dispute) who were required to give a finding, as to the guilt or innocence of the accused, in a criminal case, or on their points at issue in a civil dispute. In other words the jirga was sort of tribal jury. Law of evidence did not bind it, and it was expected to visit the place of the crime or dispute and by its own methods and enquiries state the facts and the solution. On conviction for murder the court could not sentence to death, fourteen years’ imprisonment being the maximum penalty. (This leniency might involve a departure from custom, but no British authority could take responsibility for infliction of a capital sentence on a trial outside the scope of British law). On the NWF the regulation, as used in the districts, merely supplemented the action of the regular courts, and the tendency was to use it only when the processes of the ordinary law, resting upon the law of evidence and many procedural technicalities, were deemed to be unlikely to at the facts of a case in the conditions of a Pathan society. It need scarcely be added that the Bar disliked the Regulation, for naturally the professional lawyer, was excluded from jirga proceedings. With the help of this regulation many persons were brought before two justices for violent crimes who otherwise have escaped. The cases in which a conviction was brought in against an innocent man were so rare as to be negligible. Nevertheless, as used on the North West Frontier, that is as a supplement not as a substitute for British Indian Law. According to Caroe, the regulation was a failure, for as so operated, it satisfied neither the law nor the custom on the basis of local tradition, and it fell in between.44
That happened more in case of very different method of operation of the Frontier Crimes Regulation after the occupation of Baluchistan had become effective in about the year 1880. A similar use was established also on parts of the North West Frontier after the “British Forward Policy” had resulted in the imposition of a loose administration in certain tribal areas in the 90’s. In these places the Regulation was operated not as a parallel system, to be applied when the ordinary process of law was expected to fail, but as the sole and substitute code, whenever parties were tribesmen. It was indeed in these new territories regarded mainly as a means of adjudication on custom, and not as a procedure for enforcing the sanction of the state. Thus in a criminal case penalties would ordinarily not exceed those imposed by custom, unless the crime had outraged both custom and the authority of the government.45
The incident reported by Olaf clearly suggests how the British authority was eager to apply the customary jirga vis-à-vis the western laws in controlling the frontier tribes and extending the British sway in the frontier areas. Without applying or getting help from local old custom where their dominant was still shaky and incomplete as there was total disregard for the British Laws by the tribes. For the same purpose of control over them, the old system of jirga came too handy for the British administrators. Olaf narrates the incident related to the Mahsuds.46 As a part of Durand Agreement the Mahsuds had to be under the British sway and for the same they tried to introduce the system of indirect rule. At the same time a Public Works Department Officer named Kelly was murdered in Zhob, and a swar and four sepoys were murdered near the Gwaleri Kotal in Gomal pass and both crimes were reported to the gang of five Mahsuds two Abdur Rahman khels and three Abdulalis. By prolonged negotiation, reinforced by Brampta (a kind of subsidy to the Afghans chiefs by the British) and personal influence, Bruce succeeded in securing surrender for trials by jirga of the five men actually wanted .47
During British incursion, Jirga also emerged as instrument or tool of the British policy makers for subduing the unruly tribes. The success to use jirga though as an instrument, was partial. All the tribes inhabiting the frontier were not successfully brought under British influence and control. According to Olaf it was the effort of British Indian Viceroy Lord Landsowne 48 that he wanted to bring the entire frontier under control. As a matter of policy the ‘often applied old British tactics’ of buying the tribes through extending subsidies and luring through other ideas of supplying arms and providing other benefits, were to be used. The action promptly followed and allowances were sanctioned for Gomal tribes. For extending the same benefits to further north including those in Waziristan a jirga was held at Apozai by Sandeman49 in 1890 at which Bruce50 was also present. with such tribes as the Waziris and the Afridis which had few feudal ties, the communal system of government prevailed, and the most important matters continued to be decided by Jirga.51 Initially it seemed that everything would go well as the tribes were eager to finger the subsidy money but Landsownes’ policy faltered at that point as the tribes of Waziristan were not the tribes of Quetta; they were much “too hard a nut to crack”. 52
Amir Habibullah ordered the convening the Loya Jirga (the grand assembly) for which the delegates from all over Afghanistan as well as from the frontier areas. Tribes were invited to Kabul. Euphoria prevailed among the emissaries when suddenly the Amir had undergone the change of heart. That had angered the delegates. The British agent in Kabul reported that Sardar Abdul Quddus Khan had advised Habibullah that there was no haste in going to war. He also did not favor the immediate calling of a Loya Jirga.53
It was in the year August 1928 that King Amanullah called loya jirga for garnering the support of his ongoing modernization programme in Afghanistan.It was the gathering of some 1000 form all over the kingdom to hear a report on his tour. Over a period of five days he described his trip and his impression of Europe, speaking in glowing terms the attempts of the Turks, Persian and Egyptians to modernize their societies.54 By 1924, pressure from conservative advisers religious and tribal leaders, coincided with the Mangal revolt, forced Amanullah to call a Jirga, which made minor amendments to the seventy three articles of constitution(e.g., give the religious judges, qazis,(( قا ضي more discretion in making judicial decision, but left the liberalized administrative code nizamanamah( نظا م نامه) untouched.55 After his return from Europe in Aug,1928, before a thousand of Afghanistan’s most influential tribal ethnic and religious leaders he made a call for reform. The reform included a nominated upper house of 150 legislature, abolition of Loya Jirga and creation of western style cabinet, and constitutional monarchy, with separation of church and state.56 He reportedly concluded his enthusiastic account by embracing a soldier, a government official, a civilian and a student to indicate the forces with which he intended to build a new Afghanistan.57 The most important part of Amanullahs’ report dealt with his proposal and his progress for the rapid socio-economic transformation of Afghanistan.58 He also suggested that substantial changes be made in the 1923 constitution, amendments that were to make the government generally representative, though the monarch under the hereditary rule of the amirs ‘ family was tom be retained. He also proposed for a truly national army. The loyal jirga accepted the amir‘s constitutional amendments meant a curtailment of the authority of the khans and tribal chiefs.59 In the same loya Jirga Queen Soraya appeared without traditional veil as a symbolic gesture of Afghan women’s emancipation. But instead that angered the large section of the delegates and that culminated in the revolt against Amir Amanullah and his modernizing measures ultimately culminating his final ouster from power. That proved that despite the fact that Amir Amanullah had dreamt of modern progressive Afghanistan, the tribal power did prevail in the end and the same loya Jirga and its proceeding which was basically aimed in tasking into confidence of the tribal leader had backfired on his face and the whole process of modernization was all of sudden halted.60
During the reign of Bachae-I-Saqao on March 19, 1929 Nadir challenged Bachae-I-Saqao to submit to a national Jirga to be made up of all Afghan tribal chieftains. Such proposal angered Bachha-e Saqqao.61 A meeting of 286 representatives in September 1930 was called by Mohammed Nadir Shah to confirm his accession to the throne. His take over was in a very difficult circumstances as he had fought against the bandit Tajik king Habibullah popularly known as Bachae-I-Saqao. In the same jirga Amanullahs’ demand was rejected that “his properties and assets in Afghanistan be restored to him”.62 Mir Ghulam Mohammad Ghobar, the famed Afghan historian refers to a Jirga convened by Nadir Shah (the father of Zahir Shah) in September 1930.63
Mohammed Zahir Shah, to approve neutrality in the World War II, called the 1941 Loya Jirga. Both Britain and Soviet Union expressed concern over the Axis subjects in the Afghan kingdom. Earlier, in Oct 1941, they sent similar notes to the Afghan govt. demanding the ouster of German & Italian citizens.64 The Afghan reaction to this ultimatum was apprehension, bitterness and public outcry.65 The Afghan government summoned a Loya Jirga for consultation. It agreed to comply with one demand but it also expressed Afghanistan’s determination to preserve its strict neutrality, independence, and territorial integrity. 66
In 1947 the Jirga was held by Pashtuns in the Tribal Agencies administered by the British, to choose between joining India or Pakistan, which was the most burning issue of that time. Whereas 1949 Jirga was called during a dispute with Pakistan, declared that it did not recognize the Durand Line forming the border between the two countries. The contentious issue of border dispute though could not be resolved but that led to the convening of number of smaller Jirgas and involvement of tribal elders from both sides of the Durand line.
Mohammad Daud’s farewell speech on March 12, 1963 reviewed the progress of the country under his administration and pointed to the problem of the future. His chief message was however to call for increased participation by the Afghan people in the government and separation of its executive, legislative and judicial powers. The king promptly accepted the suggestion and a committee was appointed to study the question and prepare a new constitution to be submitted to a Loya Jirga for approval.67 On Sept. 9, 1964, the Afghan Loya Jirga unanimously adopted a new constitution for Afghanistan. This was the work of seven members committee appointed by the king; it shows many influences from US and it marks the major change in Afghanistan. Under the new constitution the proposal was for the Executive, Legislative and judicial branches of the govt. Kingship hereditary and king to appoint Prime Minister. He to be removed by 2/3 votes of people’s council; Bi-Cameral Parliament peoples council Bicameral Parliament (Peoples Council & Council of Elders) Judicial affairs in the hands of a supreme court of (nine members), specific authorization of political parties, a responsible & representative govt. a long step forward in that direction.68 A meeting of 452 members was called by Mohammed Zahir Shah to approve a new constitution. In 1964, four women were appointed to the advisory constitutional drafting committee, and in 1977 women constituted 15 percent of the members of the loya Jirga. Even then, participation was limited to the educated, urban women.69 In January 1977 new Mohammed Daoud Khan establishing one-party rule in the Republic of Afghanistan approved constitution. The last convened loya Jirga was in 1977, called upon by President Sardar Mohammad Daoud of the newly established republic in order to pass the new constitution written after his regime overthrew the king. In April 1985, Jirga was called to ratify the new constitution of the Democratic Republic of Afghanistan.
G. Loya Jirga and its Expected Role in the Solution of the Recent Afghan Conflict;
In recent times, in regard to the convening of Jirgas we have witnessed a number of historical gatherings of the Afghan elders in quick successions. As a result of the US war on terrorism, resulting from the September 11, 2001 attack on World Trade Centre in America we find the calling of jirga by the Taliban regime or Taliban jirga. Fearing the onslaught by the American led coalition on Afghanistan, the Taliban regime for garnering the support in fighting against the American coalition, had called for the Loya Jirga. The Pushtun base of Taliban regime led them to seek maximum support from the Pushtun elders. Though the Taliban regime was ousted from power, despite declaration of Jihad against the American led coalition, in that jirga.
When the Taliban regime was toppled there were four different loya Jirgas anticipating at the end of Taliban rule. The co-ordination among them was totally missing and that true manifestation of the circumstances existing in Afghanistan. There was little communication between each of them: The first was based in Rome Initiative (Rome Jirga) around Mohammed Zahir Shah, and it reflected the interests of moderate Pashtuns from southeastern Afghanistan, the same ethnic group from which the Taliban drew much of its support. The Rome initiative had called for fair elections, support for Islam as the foundation of the Afghan state and the respect for human rights. The second was based in Cyprus Initiative (Cyprus Jirga) and led by Homayoun Jarir, a renegade member of the Islamic Party of his father-in-law, Gulbuddin Hekmatyar, who fought a battle over Kabul with rivals before the Taliban took over in 1996. Critics of the Cyprus initiative had suspected it of serving the interests of Iran. The members of the Cyprus initiative, however, considered themselves closer to the Afghan people and regard the Rome group as too close to the long-isolated nobility. Two less important gatherings were Bonn Initiative (Bonn Jirga) initiatives and Pakistan initiatives (Pakistan Jirga).70
The Bonn agreement presumably emerged as the largest democratic exercise in the history of Afghanistan through the Loya Jirga. The “Bonn Initiatives” selected a Special Independent Commission for the Convening of the Emergency Loya Jirga, which was given the final authority for determining the procedures and numbers of participants in the Loya Jirga. As per the Commission’s plan, some 1,650 delegates were sent to the Loya Jirga on June 10, 2002. Hamid Karzai was elected as President of Afghanistan on June 13, 2002. Out of 1,555 votes cast, Hamid Karzai got 1,295 votes (83%). There were two other candidates, contesting against Karzai: Mahfoz Nadai and Dr. Masooda Jalal. The former got 89 votes (6%) and the later 171. Hamid Karzai was to head the Transitional Government created for filling the void. But apprehension and fear of reprisal from Taliban remnant surrounded that Jirga. The drafting of New Afghan Constitution might look "Meaningless Exercise" without Greater Security, as security was major concern in a volatile country.71 Nevertheless the delegates were enthusiastic brimming with hope and confidence and they had clear desire to make the loya jirga work by selecting a civilian government committed to peace and rebuilding, amid hope and fear72. That was a mammoth gathering of some 1,650 delegates who had decided the future of modern Afghanistan. Accordingly they decided the composition of the assembly which were to be composed of : 1,051 seats for elected delegates from 370 electoral districts 53 seats for members of the interim administration; 6 seats for religious leaders; 20 seats for credible individuals; 51 seats for members of civil society; 39 seats for professional and scientific bodies; 25 seats for Cuchi nomads; 100 seats for refugees; 6 seats for internally displaced people; 100 seats for women (women have another 60 seats dispersed among the other groups).73 The delegates either were selected through elections from the various regions of the country or were allocated to various political, cultural and religious groups, in a very broad based representation.74 It was held in a large tent in the grounds of Kabul Polytechnic from June 11 for about a week. It formed a new transitional government, which took office shortly afterwards.75 The present continuing government emerged as a result of that historical agreement and would continue to function till the Afghan tribal chiefs “forget not what they had decided” in that historical Jirga.
The prevalence of Loya Jirga in modern times is an ominous sign for the emergence of modern Afghanistan. As long as the dictates of the mostly illiterate, religiously dogmatic and tribal leadership would prevail, the modern ideas of democracy and growth of modern institutions may be a far cry. The historical ills of Afghanistan in failing to the respond to the changed world from medieval to modern into the 21st century, apart from other internal anomalies can best be attributed to the presence and influence of such “outdated medieval institution of jirga” in deciding various issues of far reaching importance and consequences. Undoubtedly, it is the means of imposing “predetermined political decisions” that to, taken mostly by the majority illiterate tribal elders of the Afghan society. In the past too some of the unpopular afghan governments used the jirgas for their ulterior motives. They got support and legitimacy for their wrong measures from such Jirgas. In some cases reversed happened and some of the Afghan governments were brought to the hilt by the loya Jirga in the past. The so-called “tribal elders” who were mostly backward looking, extinguished Amir Amanullah’s reformist zeal.
Another important objection to the functioning of loya jirga in the past, is in regard to its being the ever “Pushtun interest promoting body.” Afghanistan being a country of conglomerates of tribes has never been happy with the way the loya Jirga decided various issues in the country. It ignored the wishes and the long cherished inspirations and dreams of the minority tribal groupings. It has historically been used as a tool for the implementation of pro-Pashtunist and ‘discriminatory to Afghan minorities’ policies. Thus the institution is unpopular amongst the non-Pashtun groups who regard the Jirga as a political tool for the majority Pushtuns. It is also a way of continuance of a tribal elders’ domination on his tribe, irrespective of the fact that whether he is qualified (in modern sense) to guide his tribe and secure its better future or not?
1. The Jirga had impeded the growth of modern representative Afghan institutions of a free democratic state.
2. The continuance of Jirga in Afghanistan, kept intact the domination of traditional tribal chiefs and religious heads that are steeped in orthodoxy and far from the reality of the changed world of 21st century.
3. The continuation of jirga domination is in fact taking the country away from the growth of reason and logic or rationality. With that, for Afghanistan adjustment with the western world and so-called “civilized world” has always been tedious.
4. It kept the domination of Pushtun tribes intact and thus fooled the policy of marginalisation in Afghanistan.
5. The absence of women in various past Jirgas, itself is the testimony to the fact that the tribalism was continued through that and it remained a predominantly male bastion
6. The continuation of the institution of Loya jirga negatively ensures that the representation of the people would remain in the hands of the never changing leadership who do abhor modern education, modernization in the country and disassociation with the changing world. That ensures the prevalence of medievalism and backwardness.
Scholars, intellectuals and experts on Afghanistan, therefore do not regard the jirga with much respect or legitimacy as they find the very institutions, outdated. They opine that the same institution have not done good to the cause of Modernization of Afghanistan. The Medieval institution of Jirga has done maximum damage to the nation in the past and would continue to do the same in the future with their medieval orientations, tools and methods, if left continue to flourish.
F.Steingass; A Comprehensive Persian- English Dictionary, Oriental Book, Reprint Corporation, New Delhi.
A Dictionary of Pakhto, Pushto, or Language of the Afghans, Capt. H.G Raverty, Asian Educational Services, New Delhi, 1987,p.247.
Linda Ward; Loya Jirga: Q & A, CBC News - In-depth Backgrounder: CBC News Online, June 7, 2002.
Gregorian, Vartan; The Emergence Of Modern Afghanistan’ (Politics Of Modernization And Reform) 1880-1946,Stanford University Press, California, 1969.pp 4 0.
Sayed Mousavi, The Loya Jirga in Afghanistan, July 2002. www.migracionesforzadas.org/pdf/LoyaJirga Mousavi.pdf,Mousavi.email@example.com.
Larry P. Goodson; Afghanistan's Endless War: State Failure, Regional Politics and the Rise of the Taliban (an associate professor of international studies at Bentley College in Waltham, Mass.). Michael S. James ;What Is a Loya Jirga? Centuries-Old Tool Used to Help Rebuild Afghanistan, ABC News. And Michael S. James; What Is a Loya Jirga? Eugene Hoshiko, The Associated Press.
Linda Ward; Loya Jirga: Q & A CBC News - In-depth Backgrounder: CBC News Online, June 7, 2002).
Loya Jirga; Special Report, War In Afghanistan, Guardian Unlimited, UK, June 14, 2002.Also, Who's who at the loya jirga in Guardian.
Q&A: What is a loya jirga? BBC News UK, 1 July 2002, Also, Can the loya Jirga bring peace to Afghanistan?
The Loya Jirga in Afghanistan by Sayed Mousavi, July 2002. www.migracionesforzadas.org/pdf/LoyaJirgaMousavi.pdfMousavi.firstname.lastname@example.org.
Olaf Caroe; The Pathan 550 B.C.-A.D.1957, London, Mcmillan & Co Ltd.1965. p.412
The Holy Koran introduced consultations in Verse 38 of the Chapter on council and Verse 159 of the Chapter on Aal Imran gives a stronger emphasis to the issue of consultation See for details ;In the Order of Islamic State, Fazl Ghana Mogaddedi Page In Rauf Roashan, Op, cit;in Rauf Roashan, Op, cit; Loya Jirga, One of the Last Political Tools for Bringing Peace to Afghanistan Institute for Afghan Studies, July 30, 2001.
SAQ Hussaini; Arab Administration, Idarah-I-adabiyat-I Delli 1976, p.32
See, EA Salem;Political Theory and Institution Of The Khawariji, John Hopkins, Studies on History and Political Science ,ser,lxxiv,no.,Baltimore,1956,58-9 & Hussaini P.244.
Bosworth CE & Donzel Van; Encyclopedia of Islam, Lieden Brill, Netherland 1997,(PP. 504-506)
The main accounts of the Shura are in sources; Ibn sa’ad, Tabkat ,iii/1,2722-6,2776-88),Al-Baladhuri,Ansab al-Ashraf,v 15-25,and al Tabari,I 2722-6,2776-88.
See E.A; Saleem , Political theory and Institutions of the Khwaraij, John Hopkins Studies on History and Political Sciences , Ser, LXXIV ,no.2, Baltimore, 1956,,58-9.
Ee. Tyan ; History de L’organisation Judicierie En pays d’ islam, Leiden, 1960.
Christina Noelle; State & Tribes in 19th c Afghanistan, Curzon Press, Richmond, 1997. p.144
Barth, Fredrick (1959); Pathan Identity and its Maintenance, in Ethnic Group and Boundaries; The Social Organization of Culture Difference, edited by Fredrick Barth ; Boston ; Little Brown& Co.
Christian Noelle; State & Tribes in 19th c Afghanistan, Curzon Press, Richmond, 1997. p.139
Janata, Alfred(1975); Beitrag Zur Volkar Kunde Afaghanistan, p. 29-21 See also Ravetry (1888);, Notes on Afghanistan and Parts of Baluchistan , London Eyre and Scottish Wood, p.66.See also Christian Noelle; p. 151-152
The Loya Jirga in Afghanistan by Sayed Mousavi op.cit.
Linda Ward; Loya Jirga: Q & A CBC News - In-depth Backgrounder: CBC News Online, June 7, 2002.
The Loya Jirga in Afghanistan by Sayed Mousavi. July 2002. www.migracionesforzadas.org/pdf/LoyaJirga Mousavi.pdf Mousavi.pdf. Sayed Mousavi@sant.ox.ac.uk.
January Heller; Development And Co-Operation (No. 7, July 2002, P.215-217. Preparations to the Loya Jirga, The largest democratic exercise in the history of Afghanistan.
BBC NEWS. Q&A: What is a Loya Jirga? BBC News UK , 1st July,2002, ALSO, Can the Loya Jirga bring peace to Afghanistan?
Ghobar ,Ghulam; Afghanistan in the Course of History, Book II, page 100.In Rauf Roashan op.cit.
Sayed Askar OP.Cit.
G. Rauf Roashan; Loya Jirga, One of the Last Political Tools for Bringing Peace to Afghanistan, Institute for Afghan Studies, July 30, 2001.legend has it that when it was time to select a King for the newly urbanized Aryan tribes, some five thousand years ago, a great council of herdsmen, horsemen, farmers and craftsmen and women was held in the open air. It was during this council that an eagle appeared from the heavens and put a crown on the head of Yama the first King in the first city the Aryans had built south of the River Oxus.-
For details on Kushana history see; Majumdar R.C; An Advanced History of India, Mcmillan, Madras, Delhi, 1980.P-112.
Gavin, Hanbly(ed.); Central Asia, Wiedenfeld and Nicolson, Winsley Street, London, 1969.pp 89,92,109. See also details on Yasa, Haider,Mansura;Central Asia In the 16th c. Manohar Publication,Delhi 2002.p.59.
Dr. Tabibi; Afghan Prides, In Rauf Raoshan Op, Cit.
After a series of conquest Chinghiz wintered at Samarkand and spent the spring of 1223 north of Syr Darya. It was near Tashkent probably in the valley of Chirchik that he held a sort of barbarian “court”seated on a golden throne among his no’yat and ba’atut. In the spring of 1223 he resided at Qaraltai in the Quglan-Bashi steppe north of Kirghiz.The Empire Of the Steppes a History of Central Asia,Rene’ Grousset/ Translator;Naomi Walford. Rutger University press,New Brunswick,1999. P.244
Farid Maiwandi; Online Center for Afghan Studies In Rauf Raoshan Op Cit.
CBC News - In-depth Backgrounder: 8 Linda Ward; Loya Jirga: Q & A CBC News - In-depth Backgrounder: CBC News Online, June 7, 2002.
Olaf Caroe; The Pathan 550 B.C.-A.D.1957, London, Macmillan & Co Ltd.1965. pp 255-256. -----
BBC NEWS. Q&A: What is a loya jirga? BBC News UK, 1ST, July 2002, Also, Can the Loya Jirga bring peace to Afghanistan?--- Ahmad shah was elected in 1747 see Christian Noelle; State & Tribes in 19th c Afghniostan , p.230, Curzon Press, Richmond 1997-
Dupree, Louis; Afghanistan ; Princeton University press, New York.1980
Caroe later served as the Governor of NWFP.
Olaf op cit p.352
Regarding Landownes’ Frontier Policy see, Hamilton Agnus; Afghanistan,, Heinman, London,1906.pp402-409.
Robert Sandeman is regarded as prime British policy maker in regard to British incursion in the frontier areas. That also helped in subduing of a large chunk of unruly tribes. He is also acknowledged as the founder of Baluchistan, had served as Punjab Commission Officer and British Resident at Quetta. See for more details the works of Sandeman, Roberts,F.S; Forty One Years In India,Vol.p.100 & Olaf Op.cit; p330,373.Dilip, Kumar Ghose ; England & Afghanistan ,The World Press Pvt.Ltd.1960.
R.I. Bruce;The Forward Policy and Its Results.1900.Bruce considered to be the pupil of Sandeman was British Political Agent In NWFP See; Olaf Op,Cit;PP.398-400.
Olaf op.cit; p.376)
Ludwig,Adamec ; Afghanistan’s Foreign Affairs to the Mid 20thc; Relation with USSR , Germany and Britain , University of Arizona press, Tuscun Arizona, P.38 and also NAI, Feb, 1917Nos. 3-48
Poullada,Leon B; Political Modernization in Afghanistan; The Amanullah Reform; in Grassmuck, et.al, pp.99,1969, also Dupree; p. 463).
Aman-i Afghan, August 30 Through Sept, 1928.
Sykes, Percy; Afghanistan Vol.II P.310.
BBC NEWS. Q&A: What is a loya Jjirga? BBC News UK, 1st July, 2002, also, Can the Loya Jirga Bring Peace to Afghanistan?
Taillardat F, “Nadir Khan:Emir d’ Afghanistan,”L’ Asie Francaise, April,1930. P.123
Gregorian Op. cit p.295. and Pravda Sept.27.1930.
Ghobar In Rauf Raushan Op Cit.
The Times, Oct 1941, Kirk; Survey, pp, 145-146, also Fraser Tytler; Afghanistan, Op.Cit; PP. 254-550.
For the Proceedings of the Loya Jirga 1941, See, Kabul Almanac; 1941-42, pp.280-285. For details about the exodus of Axis national See, US depts. Of State, Document on German Foreign Policy, XIII, 640—641.
See, Appendix C, Fletcher Op.cit
Fletcher, Arnold; Afghanistan, Highway of Conquest, Cornell Ithaca, NY, 1965 p. 279.
Q & A on Afghanistan's Loya Jirga. Loya Jirga: Q & A Linda Ward CBC News - In-depth Backgrounder: CBC News Online, June 7, 2002.
See; Stefan, Kubelka; The Loya Jirga, After the War, Die Gazette 23. November 2001.See also The Interview with DR. Marc .In the center of the efforts toward a peace in Afghanistan an instrument of political will formation often tested in the region is located: the Loya Jirga. Also after the Peters Berger conference or the concrete peace process will have to begin the planned 6+2-Treffen with the traditional Loya Jirga.
Afghanistan’s Loya jirga, Special Report. Eurasia Net According to Eurasia Net, drafting of New Afghan Constitution may be "Meaningless Exercise" Without Greater Security, as security was major concern in a volatile country and possible reprisal of remnant of Taliban
Saman Zia-Zarifi, senior researcher for Human Rights Watch Afghanistan: Loya Jirga Off To Shaky Start, Delegates Coerced, Threatened, Spied On Human Rights Watch, June17th, 2002.www.hrw.org/press/2002/06/Jirga.
Linda Ward; Loya Jirga: Q & A CBC News - In-depth Backgrounder: CBC News Online, June 7, 2002.
Dr. T. T. Poulose; Loya Jirga, A New Dawn; Asian Affairs. August, 2002. Retired as Professor of Disarmament Studies from Jawaharlal University, New Delhi.
Loya Jirga; Wikipedia, The Free Encyclopaedia, Library of Congress Country Studies; Afghanistan.see, Wikipedia.org.
1. John Murray; Accounat of the Kingdom of Kabul, 1815.
2. Bellow w; The Races of Afghanistan, Calcutta, 1880.
3. J.A.Robinson; Nomad Tribes Of Afghanistan,
4. McMahan, AH; Tribes of Dir, Swat and Bajaur, 1901
5. Ravetry ; Notes on Afghanistan
; Selection from the Poetry of Afghans.
6. Dr.Pennell; Among the Wild Tribes of The Afghan Frontier
7. Warburton Sir Robert; Eighteen Years in Khyber, 1900.
8. Tarikh-I-Khan-I Jahani: Niamatullah (ed.) By Imad al-din Asiatic Society, Dacca, Pakistan, 1962.
9. Elliot, MH; The Races of NWP Vol. II (ed.) By J.Beams
10. Ataee M.Ibrahim; A Dictionary of the Terminology of Pashtun, Tribal Customary Law and Usages; Translated into English By A. Mohammad Shinwary. International Centre for Pashto Studies, Academy of Sciences of Afghanistan, Kabul 1358/ 1979/I –V.
11. For various tribal disputes among Mahsuds/ Wazirs and its settlement, see for details .A Glossary of the Tribes and Castes of the Punjab and NWFP by H.A. Rose Vol.III, 1985, Lal Publisher, New Delhi, PP.493-507.