Editor in Chief: Moh. Reza Huwaida Saturday, April 20th, 2024

Electoral Reform Commission Should Function Within Electoral Legal Framework

Election is the process by which members in a given community or nation choose their leaders in democratic society, therefore such kind of an election should be free and fair to ensure that the leaders are acceptable to all members of the society therefore an election should give basic freedom to citizens in order to have full participation in the electoral process they should also have the right to vote secretly without vote buying.

In the last several elections held for presidency, parliament and provincial councils over the past decade, we have learned about range of structural flaws, logistical limitations and demographic changes which need to be updated and improved. Our infant dysfunctional democracy has to be institutionalized. For that, we need radical reforms, and electoral process is its fundamental to start with.

The Electoral Reform is considered a crucial need of Afghans subsequent electoral distaste emerged after the former presidential election. Nonetheless, the different position owned by the leaders of NUG is said to be the main reason for the delay. Beleaguered amongst controversy the issues of national interest were background –there are certain diplomatic issues are too lingering their fates. It is witnessed when everyone is talking about electoral reform; the internal strife really transform into a struggle for control of the electoral bodies and, ultimately, the design to turn the outcome of upcoming elections as par expectation. This is not the only conflict emerging on finalization of head of reform commission, history recorded clash of interest on account of distribution of important ministries between the variant stake-holders.

The parliamentary election is due to be held, delayed for non than undecided fate of electoral reform commission. Parliamentary elections are a very difficult challenge –given there are not set electoral rules –complicates the state of affairs. Without due electoral reform the conduction of parliamentary elections will be a difficult and challenging task. Afghanistan’s a legitimate government must get committed to implementing a comprehensive program of reform to empower the Afghan constitution, thereby making the values of the Constitution a daily reality for the people of Afghanistan. Stability of the country is strengthened by a genuine political partnership between the President and the CEO, under the authority of the President.

Hence, Electoral Reform is considered a crucial need of Afghans subsequent electoral distaste emerged after the former presidential election. It was too a major part of the agreement between then presidential candidates Ashraf Ghani and Abdullah Abdullah after last year’s disputed presidential election. It was the September 2014 agreement, the twin head of state and government agreed electoral reforms to ensure that future elections are credible. Without making needed reforms the unity government would exercise extra-constitutional authority until electoral reforms are made before conducting parliamentary and district council polls.

Finally, it was welcoming the leaders of National Unity Government finally reach to conclusion to finalize Sultan Shah Akefi as head of electoral reform commission. In total, the reform commission includes fourteen members, including a representative from the United Nations. The unity government was long awaited of heading towards this very crucial change. Anyhow, the development is well received in every section of Afghan society –even the United Nations Assistance Mission in Afghanistan (UNAMA) has welcomed the establishment of the Electoral System Reform Commission.

Abiding by the Constitution of Afghanistan, maintaining justice and transparency, being neutral, conducting work with professionalism, offering plans and recommendations, evaluating and studying the documents pertaining to the election laws, evaluating regulations and procedures, assessing the structures and capacities of the electoral institutions, finding resolutions and making proper policies for the establishment of a transparent and sustainable electoral system are the chartered responsibilities of Akifi’s reform commission.

The riggers to be curbed with iron hand must position a top priority of the commission. The commission must ascertain those involved in mega scam rigging should be prosecuted. Support to corrupt individuals in the past one decade had caused election process unprecedented damage, he believed, adding that some people suggested that a mixed system of election should be introduced. The legislative bodies (upper and lower houses) must accelerate to carryout amendments to laws on polls and approve the law on the structure, duties and powers of the independent election commission and the complaints body to ensure an impartial and transparent upcoming presidential, parliamentary and provincial vote.

The electoral reforms should alleviate structural and administrative flaws in Independent Election Commission. Nomination of its chairman and members should be subjected to parliamentary approval. Parliament should also debate on other radical electoral reforms such as party laws and overhaul of Single Non-transferable Vote (SNTV). The universal issuance of computerized voter ID cards stands an indispensable requirement putting an end to probable rigging by doing away with ghost voters and fake voter lists. A mutually agreed code of conduct should be devised all the candidates and parties should operate within the jurisdiction of that electoral code. Any candidate’s candidature to be subjected to interrogation incase if he intends to violate the prescribed code.

The reforms should also involve key elements, such as ensuring the independence of Afghan electoral bodies as well as transparency in how they conduct their work, promoting an electoral legal framework that supports effective participation by political and civic groups, and developing an accurate voter registry. This review could help reduce tensions among political entities, reinforce the legitimacy of Afghan governing institutions and guarantee that the will of the Afghan people is respected in future elections.