JURIST EXCLUSIVE – Law students and lawyers in Afghanistan are filing reports with JURIST on the situation there after the fall of Kabul to the Taliban. Here, a lawyer in Kabul offers his observations and perspective on the Taliban’s new cabinet, announced September 7. For privacy and security reasons we are withholding his name and institutional affiliation. The text has been only lightly edited to respect the author’s voice.
The Taliban introduced their cabinet Tuesday in a press conference. The Taliban’s new administration is led by a religious leader, followed by head of the cabinet, two deputies and ministers accordingly. Yet they have not been able to find anyone for the Supreme Court or the Attorney General Office. They also have eliminated the Ministry of Women’s Affairs.
The inclusivity of this government was always a question between other tribes and the international community. So far, it seems that they have not included any other tribe [except Pashtuns]. There is only one Tajik and one Uzbek who are Talibs.
To legalize the new structure detailed below, they need to bring amendments into the Constitution of the country. Any change to the Constitution requires local consultations which is know as Loya Jirga in Afghanistan. As a general practice, the Loya Jirga shall be conducted in all 34 provinces. Therefore, it will take a long time for the Taliban to legalize the new government structure. Until then, I believe they will have time to replace the named individuals with people who are actually aware of their concerned field.
In my view, their administration will have to combat the following challenges:
1. Significant decrease in investment level due to the insecurity and uncertainty.
2. Flight of human capital.
3. Internal displaced people (food, security, housing, and etc.)
4. Access to Afghanistan’s foreign investment – this will be harder for them because they are on sanction lists everywhere.
5. Establishment of a practical financial and monetary policy – again will be difficult for them.
6. Resume infrastructure projects such as TAPI CASA 1000 and many others.
7. Convince the WB, ADB, KFW, USAID and others to complete their ongoing projects.
I do not think that they will succeed soon due to the administration’s capacity – but in long term we are hopeful.
|Taliban’s New Government Structure|
|Person||Position||Qualification[s] and facts|
|Haibatullah Akhundzada||Religious leader||Former Chief of Justice, Leader since 2016 and major decision maker for the Taliban | No official evidence of higher education|
|Mula Hassan Akhund||Head of Cabinet (Ministers Head)||Member of the Leadership | No official evidence of higher education|
|Abdul Ghani Baradar||First Deputy Head of Cabinet||Director of Political Affairs in Qatar| No official evidence of higher education|
|Abdul Salam Hanafi||Second Deputy Head of Cabinet||Qatar Negotiation Member| No official evidence of higher education|
|Amir Khan Mutaqi||Minister of Foreign Affairs||No official evidence of higher education|
|Sarajuddin Haqqani||Minister of Interior Affairs||FBI number one wanted with 5M USD prize. Head of the Haqqani the number one terrorist group. No official evidence of higher education|
|Mohammad Yaqub||Minister of Defense||Son of Mullah Omar | No official evidence of evidence education|
|Hedayatullah Badry||Minister of Finance||No official evidence of higher education|
|Din Mohammad Hanif||Minister of Economy||No official evidence of higher education|
|Mohammad Issa||Minister Mines and Petroleum||No official evidence of higher education|
|Hamidullah Akhundzada||Minister of Transport||No official evidence of higher education|
|Abdul Baqi Haqqani||Minister of Higher Education||No official evidence of higher education|
|Najibullah Haqqani||Minister Telecommunication||No official evidence of higher education|
|Abdul Latif Mansor||Energy and Water||No official evidence of higher education|
|Mula Edrees||Governor of Central Bank||Former Taliban’s finance head| No official evidence of higher education|
|Abdul Hakim Sharaye||Minister of Justice||No official evidence of higher education|