In many parts of the world, changes of government are a normal political process. Presidents, ministers, and other officials may change, while state institutions and the legal framework remain intact. In such circumstances, a transfer of power does not mean the end of the political system, because government institutions, the rule of law, fundamental rights, and the principles of the separation and distribution of power continue to function.
In Afghanistan, however, August 15, 2021, was not merely a change of government. With the Taliban’s takeover of Kabul, the political and legal structure that had been established in Afghanistan since 2001 around the Constitution, elections, state institutions, and public participation also came to an end.
How Were the Institutions of the System Established?
The process of establishing Afghanistan’s new political system began in 2001 with the Bonn Conference. Afghan politicians and representatives of various political and social groups participated in this process. Following the establishment of the Interim Administration, a Transitional Administration was formed, gradually creating the conditions for drafting a constitution, holding elections, and establishing permanent state institutions.
The adoption of the 2004 Constitution was one of the most important stages of this process. A Loya Jirga was convened to approve the Constitution, bringing together representatives from different regions and segments of Afghan society. Religious scholars, women, ethnic and social representatives, and individuals from various sectors participated in the process.
The Constitution defined the powers and responsibilities of state institutions rather than concentrating power in the hands of an individual. It separated the legislative, executive, and judicial branches and placed the powers of the president within a defined constitutional framework.
From Personal Rule to Institutional Governance
During the republican period, the government consisted not only of ministries and directorates, but also of numerous independent and oversight institutions. These included the Independent Election Commission, the Electoral Complaints Commission, the Afghanistan Independent Human Rights Commission, and the Independent Administrative Reform and Civil Service Commission.
The purpose of these institutions was to provide oversight of government activities, manage the electoral process, address complaints, monitor the human rights situation, and ensure professional standards in the recruitment of civil servants.
Although the republican system was not free from problems, corruption, political disagreements, and other weaknesses, it had legal and administrative mechanisms through which reforms could be pursued. The replacement of a government official did not, by itself, result in the collapse of the entire state structure.
A Broad Professional Workforce
During the republican period, hundreds of thousands of people worked in the civil service in fields such as education, medicine, the judiciary, prosecution, engineering, diplomacy, and other professional sectors. In addition, tens of thousands of Afghan security and defense personnel served in the country’s security and defense institutions.
Following the change of power in 2021, many experienced government personnel were removed from their positions or left the country. Among them were senior government officials, judges, prosecutors, university professors, diplomats, and professional administrative employees.
The impact of this change was not limited to the replacement of individuals. It also weakened the institutional experience that had been accumulated over many years. The loss of professional expertise in areas such as budgeting, public administration, health, education, and the justice sector also affected the overall capacity for effective governance.
From Public Participation to the Concentration of Power
One of the key characteristics of the republican system was that the president and members of parliament came to power through elections. Citizens could elect their president and representatives and use elections to determine whether political leadership should continue or change.
After the Taliban came to power, these mechanisms disappeared. Parliament was dissolved, elections were suspended, and citizens no longer had the previous means of choosing their political representatives through voting.
As a result, the relationship of political accountability between the government and the people also changed. Government leaders are no longer selected through popular elections, and there is no electoral mechanism through which political power can be changed.
After the Constitution Was Abolished
The 2004 Constitution established a legal framework governing the structure of the state, the powers of public officials, and the fundamental rights of citizens. Following the Taliban’s return to power, the Constitution was abolished, effectively dismantling the legal foundation of the previous system.
As a result, there was no longer a single, comprehensive constitutional framework clearly defining the powers of all state institutions, the responsibilities of public officials, and the rights of citizens.
Under the Taliban’s current structure, major decisions are made through decrees and directives issued by the Taliban’s supreme leader. Significant restrictions on girls’ education, women’s employment, higher education, and the media have likewise been implemented through such decisions.
The Decline of Women’s Participation
During the republican period, women played an active role in parliament, the judiciary, prosecution services, diplomacy, universities, schools, healthcare institutions, the police, and the civil service.
Following the Taliban’s return to power, extensive restrictions were imposed on women’s education and employment. Girls’ education beyond the sixth grade was suspended, and women were barred from many government and non-government positions.
As a result, a significant portion of Afghanistan’s population was excluded from political, economic, and social participation.
Concerns Over the Personalization of Power
Under the republican system, the powers of the president were defined by the Constitution, while parliament, the courts, and independent institutions provided mechanisms for overseeing government activities.
The current structure, by contrast, is centered on the leadership of the Taliban’s supreme leader rather than on electoral legitimacy. Major political and social decisions are made without debate or approval by an elected parliament, and there are no institutional checks and balances comparable to those that existed under the previous system.
This situation has led some analysts to characterize the Taliban’s current system as one marked by a high concentration of power and personalized rule.
What did the Afghan people lose?
Following the change of power in 2021, government buildings, ministries, schools, and other institutions did not simply disappear. But state institutions are more than buildings and offices.
The fundamental value of a political system lies in how people gain access to political power, to whom officials are accountable, how and against whom the law is applied, and how citizens can participate in choosing and overseeing their government.
The Afghan people lost the right to elect their president and parliamentary representatives. Previous mechanisms of political participation, election, and eligibility for public office were dismantled, and the electoral and parliamentary mechanisms that had previously provided avenues for holding government leaders accountable were no longer available.
Conclusion
The events of August 15, 2021, in Afghanistan cannot be explained simply as the fall of one government and the arrival of another group. They also marked the end of a political and legal system that had been built in Afghanistan after 2001 around the Constitution, elections, state institutions, and public participation.
The republican system was far from perfect. It faced widespread criticism because of corruption, political divisions, weak governance, and other serious shortcomings. Nevertheless, its institutional framework provided legal mechanisms for reform, accountability, and the peaceful transfer of political power.
This is where the fundamental distinction between a government and a political system becomes clear: governments can change, but if institutions, the rule of law, and people’s rights remain intact, the system continues. In Afghanistan, however, the events of 2021 were not simply a transfer of power from one government to another. They represented a profound transformation that dismantled the previous framework of constitutional and institutional governance and replaced it with a highly centralized structure of power.
Writer:Saeed Sameer
