News Detail
Analysts doubts transparency in upcoming presidential elections
KABUL: Law experts and civil society activists on Wednesday said a draft law introduced by the poll panel last month was marred by flaws and, if approved in the present form, it could jeopardise the electoral system.
Under the draft law, which has been sent to the justice ministry for vetting, political parties will compete for a third of parliamentary seats in provinces, with independent candidates running for the remaining two-thirds of berths.
Over the past 10 years, presidential and parliamentary elections were held in compliance with legislative decrees, which placed restrictions neither on political parties’ nominees nor on independent runners.
Law Experts Network member Abdul Sattar Sadat told a press conference in Kabul that in the new bill, election commission officials had tried to vest more powers in themselves and minimise their responsibilities.
The expert suggested punitive clauses be added to the proposed law to ensure the conduct of fair elections. He said no punishment had been mentioned for the chief election commissioner, the complaints commission head and other officials if they committed irregularities.
Sadat called for a balance between responsibilities and powers of election officials. If a government official interfered in the election process, the commission could only refer him/her to a court of law, he said.
“Firstly, firing an official from his post will not be enough; secondly, if he or she is referred to the attorney office or other judicial organs, which law will be invoked against them,” he asked.
The expert said the draft law proposed the creation of a monitoring commission, headed by the election commission chief or his deputy for investigating poll-related complaints.
However, he believed the proposal was problematic because past experiment showed that most of irregularities had been committed by election officials themselves.
“The process of investigating complaints needs a fair judgment. How can one expect a fair judgment from an official who is party to a particular case,” Sadat questioned.
He said the draft law included some clauses that could be misused, like the provision about the physical fitness of candidates. He also criticised the commission’s composition, saying its previous mistakes had eroded people’s confidence in the body.
Civil Society Coordination Centre member Malalai Shinwari told the press conference that the centre in cooperation with legal experts was working on a new draft electoral law, which would be presented to the government.
Also a Wolesi Jirga member from Kabul, she said the draft was aimed at ensuring fair and free elections and would be discussed with the government by civil society representatives.--(PAN)
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