The cabinet has approved the draft Election Law removing the Election Complaints Commission (ECC) and granting its powers to the Supreme Court. The decision came in the wake of wide disagreements among the Karzai Administration, parliament and opposition political parties.
President Karzai is opposed to inclusion of two foreigners in the ECC. 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. Majority of MPs supported inclusion of two representatives of the United Nations as temporary members of the ECC.
President Karzai says it would be against national sovereignty to include foreign commissioners or advisers in the ECC. Recently a positive development raised hopes that this issue would be resolved with mutual consultation and agreement. Opposition leaders were invited to meet and exchange views with President Karzai last week.
They all unanimously demanded him to include two foreigners in ECC. To which President Karzai had promised a mutual solution through consultation with parliament. However, in a surprise move, they have removed the ECC entirely authorizing the Supreme Court to observe electoral complaints.
There is a fierce reaction. Majority of MPs have called it a ridiculous move, to make grounds for fraud calling it a pre-poll rigging scenario. Now it has to go to parliament for approval, where the previous draft has already been approved with extreme majority.
If the President had to take such a decision, why did he bother with inviting opposition political leaders asking them for consultation on electoral and other issues of the country? And then ignoring their call in a derogatory way, doing exactly what they all have been concerned about. Knowing it clearly that such a move will not be welcomed in parliament, why they are deepening the concerns and uncertainties about elections?
If the proposal gets rejected from parliament, President Karzai needs to show the political maturity, decency and personal compromise with this stubbornness. They should approve presence of two UN representatives in order to strengthen the credibility and legitimacy of polls so that concerns of opposition leadership are met.
It is very crucial to avoid a crisis with the coming elections; otherwise it could cause collapse of the system and our eventual descent into chaos. Inclusion of foreigners at the ECC will also ensure confidence of the international community in keeping their firm pledges of support.