Independent Election Commissioner’s response to decree of President Ghani
Reporter: Emran Khorasani
President Ghani dismissed the chiefs and members of the Independent Election Commission last night.
But the Independent Election Commission (IEC) has written a newsletter: Considering the political and social situation in the country, where people of our beloved country are in an uneasy and difficult situation, the commissioners of the electoral committees share the following with the people:
According to Article 109 of the Constitution of the country, which does not allow the adjustment of the election law in the last year of the legislative period of the parliament, the legislator’s fear was that its content would not be manipulated to the detriment of certain groups. Therefore, the modification of the electoral law is in contradiction with the constitution, according to the decree of the President, which is also a presidential candidate at the same time.
According to Article 16 of the Electoral Law, which is currently underway, cases are foreseen for the members of the commissions. Consequently, the removal of commission members by issuing presidential candidates and presidential decrees, while their candidate cases are subject to commissions, is in contradiction with this article.
It is said that all presidential candidates, including the president and chief executive officer, have hurriedly agreed to modify the election law at several meetings, The question here is that at this point in time, the presidential candidates are legally competent to modify the electoral law in the wake of the electoral process of the Wolesi Jirga and the presidency.
The members of both commissions believe that the presidential decree that members of the electoral commissions would be dismissed at this time is a political decision, not legal. The government is pursuing its move to postpone the presidential elections that the Afghan people wants to hold until the appointed time, to sustain their power. The respectful nation of Afghanistan should be aware that the presidential election will not be held on 20th of July, 2019.
This has led the government to shift its distinct individuals as members of the commission for the purpose of planning the upcoming election and announcing the results of the constituencies of the Wolesi Jirga, Which this will make the outcome result of future elections in their favor.
The change in electoral commission members at this time when the final results of a large part of the constituency are announced is considered to undermine the election process of the Wolesi Jirga, which is in fact seriously damaging to democracy and the rule of law in the country.