An interview with Gul Rahman Qazi, Head of the Constitutional Oversight CommissionQ: What was the aim of forming the Constitutional Oversight Commission and what has the body achieved so far?
A: The main objective of the Constitutional Oversight Commission is to oversee the rule of law in government offices, as well as in legislative and judiciary bodies. The commission was formed in May, 2010 by Presidential decree, based on Article 157 of the Constitution.
The commission is made up of seven members, including five legal experts. Five out of the seven members have been confirmed by the Parliament; the other two members have not yet been put forward for confirmation.
In order to achieve our goal, we have created job descriptions for the members of the commission, made a temporary budget and issued internal principles and regulations to conduct our activities in accordance with these regulations.
The commission is giving advice on rule of law to government ministries and has signed protocols with them in this regard. Based on these protocols, the Ministries of Education and Higher Education have agreed to include teaching of the provisions of the Constitution in their curriculum for public and private schools and universities.
The Ministry of Information and Technology has agreed to establish a website to publish the provisions of the Constitution to increase the level of people’s knowledge about the law. The ministry agreed to send provisions of the Constitution by text through mobile companies for the general population. In addition, 100,000 pocket-sized Constitutions have been published to be distributed among the people.
We also have a plan to install billboards containing articles of the Constitution in crowded areas of Kabul city.
Furthermore, the commission has given constructive advice to the Parliament, which has asked to be allowed to monitor the activities of the Independent Election Commission (IEC), including the recount of the ballots in the September 18 Parliamentary elections. However, since the Parliament is an involved body in these elections, the commission advised against it.
Q: What is the legal way to solve the growing conflict between the Attorney General’s Office and the Independent Election Commission?
A: Article 156 of the Constitution empowers the Independent Election Commission to conduct elections in the country. According to the law, there should also be an Electoral Complaints Commission in addition to the IEC to adjudicate election-related complaints and adopt constructive decisions in this regard.
Q: The Constitution has not suggested any approach to adjudicate electoral abuses. How will the General Attorney General’s Office handle such abuses?
A: The Constitution has not mandated an approach for adjudicating electoral violations, but the Election Law has. Based on Article 64 of the Election Law, the Electoral Complaints Commission can refer violations to the Attorney General’s office. As an independent body, the office can raise claims against ministers and members of parliament.
Q: Afghanistan’s Parliament is emphasizing that IEC officials must get votes of confidence from the legislature; this is a matter of conflict issue between the government and the Parliament. What is the legal explanation in this regard?
A: The IEC is an independent body and the Parliament cannot monitor its activities because the parliament is itself an involved body in election process. The independence of the IEC would come into question if such things happen.
Q: Is not the postponement of the final results an electoral abuse?
A: The government entities have been violating laws frequently in past few years. The Afghan government and the international community are responsible for such violations.
Q: What programs does the commission have to resolve shortcomings in the laws?
A: In general, one of the main tasks of the commission is to study and conduct research about the law. The commission is do this continuously. The commission is to bring changes if necessary and develop laws in accordance with the needs of society.
