In September 2014, after months of deadlock over the contested electoral results, the two presidential candidates signed a power-sharing deal to protect national unity, introducing the office of the Chief Executive. The relationship between Ashraf Ghani, President, and Abdullah Abdullah, Chief Executive, has not always been rosy with frequent conflicts erupting between the two highest offices of the state. The latest chapter in this troubled relationship is the conflict over electoral reform. There is a shared agreement that electoral reform is of fundamental importance in order to ensure a fair electoral process on the occasion of the next Parliamentary election which will take place in September 2015. Last Thursday, Abdullah declared that the upcoming parliamentary election must not be held unless the national electoral system, which he forcefully criticised during the negotiations for the power-sharing agreement in 2014, is changed.
After becoming the leaders of the National Unity Government, Ghani and Abdullah promised to reform the electoral system in order to prevent crises in future elections. Some amendments are under discussion in the Parliament, in particular in the appointment process and responsibilities of the Independent Electoral Commission (IEC). Further changes include statutes making the IEC a temporary body only formed during election time, requiring members of the commission to go through a re-appointment process in a bid to boost their accountability.
However, these changes are not considered to be enough by law experts, MPs and by foreign donors. Members of the Judicial Commission of the House of Representatives are strongly in favor of further reform. ‘Afghanistan was not brought to crisis by Al-Qaeda, or the Taliban, but Afghanistan was brought to crisis by the corruption of the electoral commissions,’ said Muhammad Abdo, a member of the Parliament’s Judicial Commission, referring to the period of uncertainty prior to the formation of the National Unity Government.
Also foreign donors and international institutions are calling for extensive reform. The report by EU chief observer, Thijs Berman, released in December 2014, makes several recommendations, calling for an independent board to nominate all members of Afghanistan’s IEC and Electoral Complaints Commission (ECC). The report argues that investigation mechanisms around electoral offenses and corruption need to be reinforced and that a biometric voter identification data base should be introduced. Also, measures to ensure that women have access to secure and appropriate polling locations, led by female staff, should be implemented.
Abdullah agrees with the necessity of boosting the reform, not surprisingly as the IEC and the ECC were both accused by him during the election to have conspired in favor of his rival Ashraf Ghani winning the presidential race. Mujeebul Rahman Rahimi, a spokesman for the Chief Executive, recalled that the reform of Afghanistan’s election laws and electoral commissions was a precondition to Abdullah’s acceptance of the power-sharing plan with Ghani. ‘Reform in the electoral system, election laws and election institutions – who were directly involved in the fraud – was among the preconditions to the formation of the national unity government,’ Mr. Rahimi declared on Thursday. ‘Reform in the electoral system is important, and without it, there will be no elections’ he added.
However, there is uncertainty over how and what the reform should change. Mr. Rahimi declared that the main reason behind the delay in reform is disagreement between Ghani and Abdullah over ‘reform details’. In particular, ‘regarding the creation of an electoral reform commission, the President Ghani’s opinion was that the commission should be created after the announcement of the cabinet, but our [meaning the Office of the Chief Executive, Mr. Abdullah] preference was to create it after the inauguration and it should have started its work and should not have been related to the cabinet’.
Also, despite agreeing on the necessity of reforming the system, the IEC is calling for caution. The IEC’s commissioner Sareer Ahmad Barmak declared that nobody including the President could fire the IEC commissioners unless they prove the crimes of IEC officials. ‘Reforms are required both in the electoral system and the structure of the election commission,’ Barmak said, however adding that ‘some personal reforms are also being proposed from outside which is intolerable for us’. Moreover, commentators maintain that MPs do not have the legal right to change the election laws this year. ‘Based on the law, the House does not have the right to bring changes to the electoral law during the last year of their tenure,’ university professor Tahir Hashemi told, adding that ‘they can bring changes in the appointment, jurisdiction and authorities of the electoral commissions.’
There is a widespread concern that the gridlock over the reform could spark further uncertainty in the country, to the point of bringing about protests and disorder should the upcoming parliamentary election be held under the same law. Fuelling possible popular distrust and lack of confidence in the electoral process, there are rumors that the members of the electoral commissions are holding meetings with MPs to dissuade them from supporting the legislation by promising favors in exchange for upcoming elections.