Kabul faces a constitutional crisis
By Abubakar Siddique
Just days after announcing the postponement of Afghanistan's presidential
elections, the country's Independent Election Commission finds itself amidst a
storm of controversy.
Parliament accuses the commission of overstepping its legal authority in
pushing the election date from the spring until August 20, while politicians
are warning of an impending political crisis that could harm the country's
fragile democracy.
Responding quickly, President Hamid Karzai found himself holding negotiations
between parliamentarians and the election commission.
"This meeting was about the election commission's decision and to look into
practical ways to tackle [the disagreements about] it," said presidential
spokesman Humayun Hamidzada. "This is the
first meeting, and such meetings will continue. We want to reach a national
understanding that also suits our national interests."
The main sticking point was exposed on February 2 when Muhammad Yunis Qanuni,
the speaker of Afghanistan's lower house of parliament or Wolesi Jirga, bluntly
told the floor that the election commission had no legal authority to delay the
vote.
"Dear parliamentarians, I want to formally share my concerns about the holding
of elections. If the situation continues as it is today, you will not see
elections on August 20," Qanuni said.
"We all should ask the president of Afghanistan, as the guardian of the
constitution, to make a decision about the delay of polls announced by the
election commission. Secondly, he should also form a supervisory constitutional
commission to prevent similar mistakes from being repeated in the future,"
Qanuni added.
Dismal security situation
Following extensive consultations, the Independent Election Commission cited
the country's dismal security situation, lack of funding, and harsh weather
conditions in remote areas as the reasons for pushing the presidential vote to
August 20.
But the Afghan constitution specifically tasks the election commission with
holding presidential polls at least a month before the end of the president's
term in office on May 22, leading to expectations of an April vote.
And this has led lawmakers, opposition parties, and legal experts to search for
a legal basis for moving the date.
In an interview given to RFE/RL's Radio Free Afghanistan just after the delay
announcement, Kabul-based Afghan legal expert Nasrullah Stanekzai explained the
legal shortcomings, and a possible solution.
"Basically, the election commission lacks the authority to change the election
date for a day. It was a mistake by the special representative of the UN
[secretary-general, Kai Eide], who advocated it on behalf of the international
community in the Mishrano Jirga [Afghan Senate] a couple days back," Stanekzai
said.
"I think the only way forward is for both houses of the Afghan parliament to
now endorse the election commission's decision. Although it is a wrong
decision, [they still need] to grant legitimacy to [the extension] of the
president's term in office," he said.
No easy answers
Lawmakers, like parliamentarian Kabir Ranjbar, have expressed similar
dissatisfaction, but don't envision such an easy answer. Rajbar feels that the
failure to follow the constitution in letter and in spirit could have dire
consequences.
The fact that Karzai's term constitutionally ends in May places him on shaky
ground legally, should he remain in office.
"This will create a wider political crisis. And this will be a constitutional
crisis. And such a crisis is much worse than any other political or economic
crisis," Ranjbar said. "It is a fundamental disaster. But we have a legal way
to prevent it."
Ranjbar suggests that the Afghan parliament could avert a greater crisis by
giving its endorsement to the electoral commission's decision. He adds that
parliament could legally extend Karzai's term by allowing him to impose a
four-month state of emergency, which would allow him to tackle the security
problems and to facilitate a smooth transfer of power.
Presidential spokesman Hamidzada admits that the country's 5-year-old
constitution didn't foresee such complications.
"Definitely, our constitution didn't anticipate certain problems. There are,
unfortunately, contradictions in the constitution. These problems should be
looked upon in a larger framework - in the framework of the national
interests," Hamidzada said.
Observers expect intense politicking on the question of what to do after
Karzai's terms in office ends in late May. But they widely predict that all
sides will eventually agree to the August 20 date, considering that it would be
practically impossible to hold elections before that.
That would fit with suggestions made by Kai Eide, the UN secretary-general's
special representative for Afghanistan, in an interview given to Radio Free
Afghanistan just before the decision to delay the vote was made.
"My recommendation would be to respect the decision that the election
commission makes," Eide said. "I will respect that decision, and I hope that
everybody will respect that decision."
Copyright (c) 2009, RFE/RL Inc. Reprinted with the permission of
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