Establishment of the National Unity Government (NUG) has created serious Constitutional and political challenges. The challenges are of serious nature. If not resolved soon, could push the country into the chasm of troubles. Even it can reverse the achievements made in the past decade. The NUG is a whole new form of government. A small number of people can explain it. It is beyond the comprehension of legal institutions. The Constitution and jurists cannot define the NUG because its formation is controversial. The government emerged as result of a political deal between the presidential candidates after the electoral deadlock. The Independent Election Commission (IEC) failed to respect the public decision and announce the result which created the deadlock.
The United States was quick in responding to the electoral deadlock in Afghanistan because the impasse could have pushed the country towards another conflict. Some people have criticized the United States for interfering in the electoral process. But the issue has been resolved and a deal between the runners reached on certain conditions. Convening Loya Jirga to create a post for the chief executive through amendment in the Constitution and electoral reforms to have free and fair parliamentary polls were the two major conditions. The two leaders have promised to hold the Loya Jirga within two years to sanction the NUG and create post of the prime minister.
Unfortunately, none of these promises were honored. Perhaps, the government was busy in other issues such as taming insecurity, reconciliation with militants, repatriation of the refugees and economic growth. Sadly, the government did not show any progress. Insecurity has increased. Many districts are controlled by the Taliban. Some districts are on the verge of collapse. Peace process is stalled despite establishment of the Quadrilateral Coordination Group (QCG), comprising of Afghanistan, Pakistan, China and the United States. There are reports suggesting that the Hezb-e-Islami Afghanistan and government likely to sign a peace deal. It is too early to clap.
Likewise, returnees do not see any ray of hope. They are disappointed. They are searching for job opportunities. Scores of them have complained that the plots allotted to them were grabbed by influential people. Townships for the returnees lack essential facilities. Similarly, national economy is showing no sign of improvement. Hundreds of people have left Afghanistan because of joblessness and poverty.
All these problems are the byproduct of the current political crisis. To resolve the issue the government must convene Loya Jirga because the NUG will complete its two years next month. The Wolesi Jirga has already completed its term. Thus, its decision to support to the NUG and extend its tenure will have no legal value. Decisions taken by the parliament will be extra-Constitutional. The only way to overcome the crisis is to convene the Loya Jirga.