Afghan Parliamentary Process: democratically destabilizing? November 2010 Naweed Barikzai 1 The elections for 249 seats of the Lower House (Wolesi Jirga) of the Afghan Parliament were conducted on 18th September, 2010. The constitution of Afghanistan states that [An] Independent Electoral Commission will be established to organize and supervise any election and to hold a referendum within the country based on the provisions of the law. 2 According to Article 156 of the constitution, the IEC had full rights for organizing and supervising the election and accordingly, they postponed the election, which was originally meant to take place on22 nd May, to 18 th September - so that people could have greater chances of joining the parliament. However, the outcome was belated and was finalized on 31 st of October, 2010. 2577 candidates, including 405 women, participated in an intense campaigning mission from 23rd June to 16th September. But, on 7 th July the Electoral Complaints Commission disqualified 36 candidates for having inappropriate links with private militias whom the Independent Human Rights Commission Head Sima Samar had described as war criminals. 3 However, well-known candidates like Ramazan Bashar Dost, Younus Qanooni, Shukria Barikzai, and Mullah Abdul Salaam Rocketi were untouched in this disqualification drive and they did contest for the elections. There were a total of 5897 polling stations spread across 34 provinces, although, the initial plan was to open 6835 polling centers. The IEC informed that due to security reasons they could not 1 Naweed Barikzai is a research analyst at Centre for Conflict and Peace Studies, Kabul, Afghanistan. 2 "ICL - Afghanistan Constitution." Internetprojekte Prof. Dr. Axel Tschentscher, LL.M., M.A. Web. 18 Dec. 2010. <http://www.servat.unibe.ch/icl/af00000_.html>. 3 "Balkhab - News." Balkhab - Homepage. Web. 18 Dec. 2010. <http://www.balkhab.com/news-un- Balkhab>.
reach their goal and failed to open 938 polling centers. 4 However, adequate security was supposedly ensured for all the operational polling stations and arrangements for transparent voting were also put to place. During the campaign phase, the Taliban killed 11 candidates besides issuing a direct threat to all those involved in the lower house election."we urge people not to participate in the election. Everything and everyone affiliated with the election is our target -- candidates, security forces, campaigners, election workers, voters are all our targets," stated Taliban spokesman, Zabiullah Mujahid. 5 However, people in different provinces did use their voting rights to vote for their favourite candidates It may be noted that the Afghan constitution of 2004 follows Single Non- Transferable Voting system (SNTV). 6 The system allows for candidates with as little as less than one percent of the vote to be elected. There have been calls to review the use of SNTV as it impedes the development of political parties and prevents fair and accurate representation of Afghanistan s diverse population. Consequently as this process was enduring there were several controversies, similar to the previous presidential election. In December 2009 representatives of donor states expressed worries and even suggested that the polls should be postponed. Since the violence and the accusations of fraud that accompanied the 2009 election, another round of voting was expected to do more harm than good. The planned election might lead to a new campaign of violence by the Taliban to threaten voters. The United Nations, the United States and election observation missions, including one representing the European Union, asked the Afghan government to desist from further elections until it had written a new election law and created a list of registered voters. U.S. Congressmen visiting Kabul also urged President Karzai to delay the elections until electoral reforms were in place. Otherwise, Afghanistan could risk American financial support. President Hamid Karzai insisted that the elections had to be held in May, despite concerns about their credibility. On 24 th January, 2010, the election authorities in Afghanistan decided to postpone the elections until 18 th September, due to "security concerns, logistical problems, and 4 "Afghans to Shut 900 Polling Centers on Security Fears Reuters." Business & Financial News, Breaking US & International News Reuters.com. 18 Aug. 2010. Web. 19 Dec. 2010. <http://www.reuters.com/article/idustre67h31620100818>. 5 "Can Afghan Voters Save Their Nation? - Ahmad Majidyar." National Review Online. Web. 18 Dec. 2010. <http://www.nationalreview.com/articles/246886/can-afghan-voters-save-their-nation-ahmadmajidyar>. 6 Ibid.
insufficient funds". 7 Using a loophole in the Constitution, the Karzai administration unilaterally rewrote the election law, and President Karzai put it into effect by a decree on 13 th February, 2010. Under this new version, the five members of the Electoral Complaints Commission (ECC) will now be chosen by the president after consultation with the parliamentary leadership. Previously, three of the seats were held by foreigners appointed by the United Nations and the other two members were Afghans. On 31 st March, 2010, the Lower House of the Afghan parliament rejected this change. 8 Former Foreign Minister Abdullah Abdullah in his speech to United States Institute of Peace (USIP) on 17 th May, 2010, warned that another fitted election would be terrible, even more than the disgraceful presidential election in August 2009 from which he dropped out. 9 On 13 th August, 2010, Staffan de Mistura, UN Secretary-General Ban Ki-moon's special representative for Afghanistan, called upon the Afghan security forces to show delicate attention, referring to widespread intimidation of female candidates, the killing of three candidates and other violence directed against candidates. 10 The Free and Fair Election Foundation of Afghanistan (FEFA) stated that its observers were placed in all 34 provinces of Afghanistan to observe the campaigns at the provincial level, and volunteer observers in many districts as well. 11 Additionally, it called on the Afghan government and Afghan and international security forces to take action against individuals perpetrating electoral violations and act decisively to protect voters and candidates ahead of the parliamentary elections. In the report about the launch of the 2010 election campaigns, the FEFA detailed illegal actions of candidates, increasing attacks against candidates and campaign workers, and widespread intimidation of women. Warlords, the Taliban and rival candidates were blamed for the intimidation and at least eight people had been assassinated in 7 Ibid. 8 Vikasahlawat22, By. "Current Affairs January - February 2010 Current Affairs Questions and Answers 2009-2010 Bank Po Snap - Burj Khalifa - Zimbio." Zimbio - Interactive Magazine. Web. 19 Dec. 2010. <http://www.zimbio.com/burj Khalifa/articles/1qvqtTelbAU/Current affairs january february 2010 Current>. 9 "Abdullah: Afghan Parliamentary Election a 'big Test' - Washington Times." Washington Times - Politics, Breaking News, US and World News. Web. 19 Dec. 2010. <http://www.washingtontimes.com/news/2010/may/18/abdullah-afghan-parliamentary-election-big-test/>. 10 Ibid. 11 "Third Observation Report of the 2010 Election Observation Mission: The Campaign Period from June 23 to July 15 «Afghanistan's 2010 Elections: FEFA Observer Reports." Afghanistan's 2010 Elections: FEFA Observer Reports. Web. 19 Dec. 2010. <http://fefa2010.wordpress.com/2010/08/21/third- observation-report-of-the-2010-election-observation-mission-the-campaign-period-from-june-23-to-july- 15/>.
relation to the elections, including three candidates. According to some candidates the security situation was worse than the 2009 presidential elections, despite the arrival of the reinforcement of 30,000 American troops. Nader Nadery, Commissioner at the Afghanistan Independent Human Rights Commission (AIHRC) and director of FEFA, said that there were more threats, more attacks on female candidates and other candidates. "Areas in the south are becoming more and more insecure and areas in the north are becoming more and more intimidating for the weaker candidates." According to Mirwais Yasini, former deputy speaker of the Lower House and a candidate in Nangahar Province, it was impossible to campaign in several districts. 12 There were also reports of thousands of fake voter registration cards in circulation that threatened the credibility of elections. The IEC sacked 6,000 election workers and tightened the security measures surrounding ballot boxes by introducing a computerized tracking system. However, it was expected that fraud would still occur. On the Election Day, at least 14 people were killed and the Taliban also fired rockets in several cities including Kabul and set off bombs at a polling station and by the governor of Kandahar's convoy. 13 The total turnout of voters was estimated to be almost 3,600,000, out of a total of more than 10 million eligible voters. The United Nations said that if five million people voted, the vote could be considered a success, given the difficulties of holding an election during a war. By November, the election process reached a very critical stage, especially after the Independent Electoral Commission (IEC) announced the final results of this parliamentary election. Things started going bad when the Electoral Complaints Commission (ECC) delisted the names of 21 candidates, 19 of whom had won the elections as per the declared results. This action of the ECC puts a big question mark on the accountability and credibility of the entire parliamentary elections process and above all, affects those millions of Afghans who risked their lives to participate in the polling process. 14 As part of its efforts against frauds in the elections, the IEC has introduced as many as 1100 parliamentary election candidates to the ECC over allegations of electoral fraud. Most of these candidates had submitted incomplete financial reports to the IEC. 12 Ibid. 13 Ibid. 14 TOLONews. Final Results of Election Called Illegal. 24 th November, 2010. http://www.tolonews.com/en/afghanistan/1140-final-results-of-elections-called-illegal-
Ahmad Zia Rafat, spokes person for the Electoral Complaints Commission said that some of the fraudulent candidates will be fined to the tune of US $ 10,000 (around Afs 50,000) and this list also includes some candidates who have already been declared as winners. 15 Further, Mr. Rafat added that the ECC is trying to disclose the identity of these fraudulent candidates and hopefully, that list shall be published soon. He also said that if the Attorney General is able to discover any election related criminal activity by any of the candidates, the ECC will be glad to cooperate in any such investigations. Now, after all this delay and all the charges/counter-charges, the onus of maintaining credibility of the entire election process lies with the Attorney General s Office. Since, legally, the Supreme Court cannot intervene, so, to address all the allegations/questions against the parliamentary election, the AGO should immediately refer the various electoral fraud/corruption cases to the Supreme Court such that they may be dealt with as per the law of the land. Above all, this will increase the legitimacy of the government in the eyes of Afghan citizens, that their government is still able to punish those people who break the law. 16 Lately in the month of December, a number of former Afghan senators were denied entrance to the parliament by the Secretariat of House of Representatives the main argument being that the Wolesi Jirga wanted to have the new parliament officially inaugurated by Afghan President Hamid Karzai. However, one of these former Members of Parliaments, Kabir Ranjbar, stated that "we need to hold our meeting there and will suggest to the Supreme Court and the President to find out who is behind this new decision." 17 While the president has already rejected the idea of any meetings that has anything to do with the present parliamentary process to be held until the whole enquiry process is over, saying it is early for us to make concrete judgment... as far as the quality of the election is concerned, and organization, this is too early to judge. The president and government will make judgment after the relevant organizations have concluded their work." 18 Moreover, this seems very illogical why former MPs, would claim entry into the parliament. 15 TOLONews - Hundreds of Afghan Poll Candidates Fined, 11 th December, 2010. http://www.tolonews.com/en/afghanistan/1256-hundreds-of-afghan-poll-candidates-fined 16 AFGHANISTAN TIMES - Supreme Court not to step in AGO-IEC dispute. 27 th November, 2010. Vol.V. Issue No: 116 17 Afghan Online Press - Former MPs Not Let in Parliament Building, 19 th December, 2010. http://www.aopnews.com/today.html 18 Ibid.
On the other hand, the Afghan Attorney General is claiming for the cancellation of the final results of the parliamentary poll. The official in charge of complaints and appeals at the Attorney General's Office, Hafizullah Hafiz, observed that 59 candidates had illegally been accredited as winners. He repeated accordingly that these candidates should be prosecuted. Additionally he claimed that the Independent Election Commission should not have announced the final results of elections." 19 Simultaneously, the spokesman for the elections watchdog said that interference in the electoral commissions' affairs is violation of law which will never be acceptable by electoral commissions" 20 meaning that it would be illegal to intervene in electoral commissions affairs. Moreover, the current situation of parliament is a cause of big frustration for all the voters who risked their lives to cast their votes and all this is happening because the Independent Election Commission could not discharge its legal duties in an appropriate fashion and that it failed to control the corruption inside the organisation. The current election imbroglio in Afghanistan is mainly due to the feudal mindset of those Afghans who cannot leave behind their concept of preferential treatment. Historically, backing one and stepping on another has been the prevalent guiding political principle in Afghanistan for the last 300 years - beginning from the Hotaki Empire to the current government. 21 119 candidates were disqualified after the 18 th September elections for the Wolesi Jirga for different reasons. Additionally, the afghan presidents spokesman said that the ongoing row between both the IEC and the AGO over parliamentary poll results would not spark any crisis and this will not lead to a standoff. He said the president had asked supporters of candidates to choose a legal way of resolving the issue instead of staging protests. Moreover, Waheed Omar added that "The president doesn't want Afghans' rights to be violated. He is ready to inaugurate the new parliament elected by Afghans... Karzai is not interested at all in poll results from one particular province. To him, the overall outcome is important ". This was said in regards to the delay in announcement of results from Ghazni province. 22 In concerns with the issue that is ongoing between IEC and AGO the President has admitted of fraudulence by individuals in government and parliamentary candidates. Therefore, he has 19 Ibid. 20 Ibid. 21 World - Hotaky Dynasty, 20 th December, 2010. www.worldlingo.com/ma/enwiki/en/hotaki_dynasty 22 "Karzai Won't Intervene in AG Office-IEC Row Pajhwok Afghan News." Pajhwok Afghan News Reflecting the Truth. Web. 23 Dec. 2010. <http://www.pajhwok.com/en/2010/11/29/karzai-wont-interveneag-office-iec-row>.
requested those judicial organs to implement the election law. According to a high ranking official in the IEC, no other organisation can interfere in the ongoing process of election until they get the outcome, while a political analyst, Muhammad Yunus Fakoor, believes the AGO can interfere into the IEC's affairs if a criminal element is involved. He said legally, AGO does not have the right to ask for the postponement of the election results. "AGO has acted politically," he said, adding that the AGO interfered when it realised that supporters of President Hamid Karzai were losing and that of Dr Abdullah Abdullah, Karzai's main rival, were winning the elections. A professor of law at Kabul University, Nasrullah Stanakzai, says that AGO has a legal right to interfere into the IEC's affairs - "AGO should have documents to buttress its stance, then it can interfere." 23 However, to a certain extent the result of the parliamentary elections is not somewhat optimistic since the whole process has been complicated with irregularities and fraud. Nonetheless many candidates have been disqualified and huge disputes have taken place which is still being reviewed by the AGO and the IEC, especially between the ECC who claims no other government institution should engage themselves in this investigation process for fraudulence. While the AGO, with the condition of having sufficient evidence, can take the liberty to take action against any criminal act. Furthermore, taking into consideration the 2005 Parliamentary elections, which were deemed a relative success and were devoid of large scale accusation of fraud and corruption, the recent democratically destabilizing parliamentary elections shows sings of a weakening government, wide-scale corruption and the potential for expanding insecurity. Both the most recent elections and the fraud ridden 2009 presidential elections has added to Afghanistan s worries, making the long struggle for democratization and stability a far sought dream. 23 "Supreme Court Not to Step in AGO-IEC Dispute Pajhwok Afghan News." Pajhwok Afghan News Reflecting the Truth. Web. 23 Dec. 2010. <http://www.pajhwok.com/en/2010/11/25/supreme-court-notstep-ago-iec-dispute>. Copyright 2011