Sunday, 31.Dec. 2017
ETWA Viewpoint on Recent Presidential Decree over Appointing New Election Commission Member
The Election & Transparency Watch Organization of Afghanistan (ETWA) examined the recent Presidential order in light of the Electoral Law, the electoral principles and the expectations of civil society and political parties highlighting the following points:
- The approach to appointing a new member of the Election Commission in the Presidential order is expressly contradicting Articles (14) and (16) of the Electoral Law.
Under article 14(2) of the Election Law, the work of the selection committee as an interim organ, ends after submitting the list of (21) nominees for the commission membership to the President.
According to Article 16(3) of the Election Law, the President shall appoint new member (s) from amongst the remaining nominees stipulated in clause (2) of the Article (14) of this law; with due consideration to the ethnic and gender composition.
- Emphasis on implementing methods contrary to the laws to appoint the new members of the Election Commission could seriously harm the credibility of the process for political parties, civil society and general public.
ETWA believes if the Presidential Office finds no person eligible in the pre-prepared list; it is suggested that:
First, the Election Law shall be amended in consultation with political parties and civil society to remove gaps and flaws in the law with respect to composition of the selection committee, the terms for the commission members and how they are replaced.
We strongly declare that the recent President approach to appointing a new member of the Election Commission conflicts the applicable laws. Therefore, the presence of the representative of civil society in this process (as member of the Selection Committee) will be contrary to civil and democratic values.