President Karzai is going to reject the important draft Law on Composition, Duties and Mandate of Independent Election Commission and Electoral Complains Commission. It seems another tussle between the Palace and Parliament is underway. Given the holiday-season, as more than half of MPs had gone to perform Hajj and it will take them weeks to get back to the National Assembly, and the less time left for IEC to start voter registration and other preparations for 2014 polls, the delay to be caused for this significant legislation will further deepen uncertainties regarding elections and the increasing mistrust of the rulers for their intentions.
The Lower House of parliament approved the draft law on September 24, 2012. It has been one of the most significant legislative developments this year. After intensive debate and discussion by different parliamentary committees, several amendments were proposed to the main draft which includes 5 chapters and 36 articles submitted earlier.
Majority of MPs supported inclusion of two representatives of the United Nations as temporary members of the Electoral Complaints Commission. It has now become the point of contention for President Karzai. While talking at the press conference with NATO Chief Fogh Rasmussen in Kabul recently, he said it would be against national sovereignty to include foreign commissioners or advisers in the ECC. Such a strong opposition in presence of a foreign leader gives the impression as if NATO countries are pushing for UN-representative ECC members and President Karzai warns them. A clear majority of MPs supported the proposal. Only 5 votes came against it, despite the fact that the Palace has a large number of supporters inside the National Assembly… then, why the rejection?
Previously there have been three or two foreign members of the ECC. President Karzai said 'once' we needed international support in the process of institution building, but now independence and law enforcement transition has to be implemented. He says ECC is a national matter. He said, "Foreigners can observe the election process, but not be involved in the commission."
Would not there be lack of trust on the current leaders among all political groups, even some in the ruling coalition, there would not have been such a need to include foreigners. Connecting independence and sovereignty with presence of two foreigners at ECC does not make any sense, especially when we beg the international community to finance our elections.
On the other hand, donor countries who have pledged financial assistance will not pour their millions of dollars for our elections to be conducted, but not having a stake in the process to ensure transparency and lack of fraud. The issues related to the last fraud-marred presidential elections make another strong reason to avoid controversy and include neutral independent outsiders in the ECC.
It is not a matter of foreign pressure. However, firstly, if the international community insists for it to ensure transparency, what is wrong in it? With presence of three Afghan commissioners appointed by the president, what to fear? Secondly, when parliament approves the proposal with heavy majority, the President needs to listen. National Assembly represents the people of Afghanistan and they hold the supreme power for legislation in the country.
The opposition of foreigners' presence is in contrary with demands of opposition parties and irrational. It will cause more problems regarding the credibility of IEC, ECC and overall electoral process.
President Karzai should start a process of consultation with opposition groups on the issues related to electoral laws and clarity of institutional roles. Going solo on these issues, that also by an incumbent president with last term in office, will cause serious controversies.
Opposition groups have already reacted strongly against President Karzai's intended rejection of the draft law on IEC and his contention about inclusion of foreigners at ECC. Afghanistan National Coalition leader Dr. Abdullah Abdullah termed it an attempt of the current administration to hijack the 2014 polls. He said presence of foreigners had boosted the credibility of past elections in the eyes of world and the Afghans alike.
He added that the Government was trying to cement it's grip on the ECC to influence poll results by excluding foreigners. "National sovereignty will be enforced when rule of law is established and people's confidence in the system restored; when we stand on our own feet," he added.
Raising the question of independence and sovereignty makes sense only when we will be able to conduct our elections without the financial and security support of the international community, which is impossible at least with the coming presidential, parliamentary and provincial council elections.
When opposition groups, being part of the system and stakeholders, demand inclusion of foreign commissioners in ECC, it should not contradict with matters of sovereignty. It is a domestic demand and has nothing to do with threats against our national sovereignty and independence. The current administration needs to pay heed to calls from political stakeholders of the post-2001 process.