AFGHANISTAN'S ELECTION CHALLENGES
AFGHANISTAN'S ELECTION CHALLENGES
AFGHANISTAN'S ELECTION CHALLENGES
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Afghanistan’s Election Challenges<br />
Crisis Group Asia Report N°171, 24 June 2009 Page 12<br />
The UNAMA human rights unit is also cooperating in<br />
a political rights verification exercise with the Afghanistan<br />
Independent Human Rights Commission; and a<br />
small separate elections unit has been created within<br />
the political section in Kabul. The UN’s good offices<br />
need to be exercised more often, given the fractured<br />
nature of the political system in which even technical<br />
issues can become highly politicised contests. It is<br />
also likely that the UN’s regional offices will have to<br />
be further drawn into the electoral process, helping<br />
coordinate efforts at a regional and provincial level.<br />
IV. 3INITIAL PROCESSES<br />
With the start of the election process, legal and institutional<br />
provisions are intersecting with the ground<br />
realities of growing insecurity, weak institutions and<br />
political manoeuvring. Even relatively simple processes<br />
are contested. With many of the necessary pre-election<br />
safeguards missing, much will depend of the conduct<br />
of the election from the preparations to the day itself –<br />
as well as the count process which follows, the latter<br />
proving the biggest technical challenge in 2005. The<br />
immediate focus, amid a challenging political and<br />
security environment, should be ensuring impartial<br />
bodies, a level playing field and an accepted arbitrator<br />
of disputes.<br />
A. 11SETTING THE DATE<br />
Even before the last election cycle finished, it was<br />
evident that “the electoral calendar implied in the current<br />
constitution does not appear functional in political,<br />
logistical or financial terms”. 86 An ad hoc committee<br />
was established to study the issue in October 2007 and<br />
had met twice by January 2008 but with little progress. 87<br />
The most pressing issue involved the date for the<br />
presidential poll. This had a clear constitutional timing:<br />
30 to 60 days prior to the end of the presidential term<br />
on 1 Jauza (Afghan calendar) on the fifth year after<br />
the last elections – in this case 22 May 2009. 88 First<br />
held in September 2005, provincial council elections<br />
are on a four-year cycle, although without a set date,<br />
while the Wolesi Jirga’s term expires on 1 Saratan<br />
(Afghan calendar) of the fifth year after its election –<br />
22 June 2010 – with elections to be held 30 to 60 days<br />
before. 89<br />
At the 2004 Loya Jirga a constitutional provision was<br />
added at the behest of the Northern Alliance that efforts<br />
would be made to hold the first presidential and<br />
National Assembly elections simultaneously. 90 This<br />
did not happen. Combining the presidential and parliamentary<br />
polls in this second round was considered<br />
86 “Post-Election Strategy Group Progress Report”, 27 September<br />
2005, p. 4. The current set-up would mean elections<br />
in 39 of the next 60 years. “Afghanistan Voter Registration<br />
2003 and Elections Projects 2004/2005”, Election Evaluation<br />
Mission”, p. 30.<br />
87 “Census and Elections: Update for JCMB VII”, Islamic<br />
Republic of Afghanistan, 29 January 2008, p. 2.<br />
88 Article 61 of the constitution.<br />
89 Article 83 of the constitution.<br />
90 Article 160 of the constitution.