An interview with Deputy Head Researcher and member of Afghanistan’s Academy of Sciences Abdul Samad Azizi

Q: From your point of view, what are the deficiencies in the decree?

A: From a sociological point of view, the decree does not conform to the needs and conditions of Afghan society. For instance, participation of Kuchis (Nomads) in the local, district and provincial council elections, according to Articles 28, 31 and 34 of the Electoral Law, is inconsistent.

Since Kuchis have no specific address and are not settled in any particular area, it is meaningless for them to participate in elections to local shuras. Their membership in local councils is also meaningless.

According to the decree, Kuchis can vote anywhere regardless of where they got their registration cards. If there are conflicts between Kuchis and candidates, the settlement will be difficult based on the decree.

According to the former Electoral Law, Kuchis have 10 seats in the Wolesi Jirga, or the Lower House of Parliament, regardless of their population and location; so, their participation in local councils, in proportion to their population, is a legal defect.

The former Electoral Law was established during the Islamic Transitional State of Afghanistan, when there was neither an elected president nor an elected parliament. 

Q: Are there other deficiencies you could point out?

A: The decree does not specify a required level of education for those who run for president or parliament. It means that even illiterate people have the right to run. But those who run for local shuras must be able to read and write, and those who run for district and provincial councils must be at least high school graduates.

The decree specifies that those who run for municipalities of the “first line” provinces must have a bachelor’s degree, and for municipalities of the second and third line provinces a high school certificate is required.

The decree emphasizes that candidates for local shuras must be literate, but in Afghanistan today fewer people at the village level have secondary education.

Q: How can Wolesi Jirga candidates provide the documents needed for registration?

A: In societies like Afghanistan such requirements are not reasonable; it will not be easy for a Wolesi Jirga candidate to present the serial numbers of 1000 voting cards, as well as depositing 30,000 afghanis. Such conditions permit only a small number of people to run in the elections.

Q: You know that there is just a short time remaining before the parliamentary elections, but there is still confusion among candidates and electoral bodies regarding the electoral law and the recent presidential decree. What is your opinion in this regard?

A: The presidential decree was supposed to be presented to the Parliament for approval. The parliament rejected the law.

Q: However, the IEC is still going to conduct the upcoming parliamentary elections according to the presidential decree. In such a case, will the election have legitimacy?

A: If the decree had been accepted by the Parliament then it would have legal effect and the election would have legitimacy. 

Q: Are there any other provisions in the decree that have not been legally clarified?

A: The difference between fraud and violations has not been established. Fraud comes under violations. But a more detailed explanation of the difference between violations and fraud should have been given.

Q: President Karzai has not introduced the rest of his cabinet nominees to the Parliament yet. What is your opinion about this?

A: This is a violation of the law, and violators should be responsible for illegal actions.

Q: The decree specifies that the Independent Election Commission (IEC) will confirm the decisions of the Electoral Complains Commission (ECC). What does this mean?

A: Such provisions in the law affect the ECC’s independence and bring the actions of the ECC into question.

Q: One of the requirements in both the current decree and former election law is that a person who runs for election must not have been convicted of crimes against humanity, a criminal act, or been deprived of his or her civil rights by a court. But can someone run for election if he or she has served time in prison?

A: The decree does not specify; but in my opinion, people should not be deprived of civil rights forever.

Q: Use of any government property, resources or facilities for or against any candidate is prohibited and according to the law, it is a violation. If so, what would be the punishment for the violators?

A: Punishment for those who use government property for or against any of the candidates is not clearly specified in the electoral law and there is no means for its implementation.