Election observers and monitoring groups on Sunday said the absence of a chairman for the Independent Election Commission (IEC) can not justify poor performance by members of the election management body.
They urged government officials to speed up efforts to fill the vacuum that has been created following the dismissal of former IEC chief Najibullah Ahmadzai.
According to election monitoring groups, on the basis of the law, the deputies of the IEC have been given special authorities and the absence of a chairman should not undermine the work of the election commission.
“If we consider national interests and use a political method, he (a new IEC chief) can be brought outside the list, but it is good to bring him through political consensus, political consultations with civil society and political elites, so someone should be brought in who is able to address the issue of poor performance and strengthen the political consensus when it comes to the elections,” said Jandad Spinghar, chairman of Afghan Civil Society Election Network (ACSEN).
Based on the election law, a member of the election commission should be picked from the list that was submitted last year by the selection committee of the IEC commissioners at the time of Ahmadzai’s appointment. However sources have said that President Ashraf Ghani is expected to issue a new decree on the appointment of a chairman.
“From a legal perspective, the list was finalized by the selection committee and other institutions, which also includes the Presidential Palace which issues the decree regarding the dismissal of the chairman; naturally the next chief is also expected to be selected through a decree,” said legal expert Shah Mahmoud Mal.
But other legal experts have said the dismissal of the IEC chief and the issuance of another presidential decree regarding the appointment of a new IEC chief is in contravention of Afghanistan’s laws.
“From the list of 27 candidates, which will be sent to the president, one of them must be appointed within a span of seven days,” said legal expert Abdul Subhan Misbah.
“There are two ideas about it, the first is that that they wait until the national assembly leaves for winter recess and then issue a legislative decree, or they once again interview people and appoint an appropriate candidate,” said former IEC chief Fazel Ahmad Manavi.
With only nine months to go before the scheduled parliamentary and district council elections, President Ashraf Ghani this week fired his own hand-picked Independent Election Commission (IEC) chairman Najibullah Ahmadzai.
“On the basis of the decision dated 21 Aqrab (12 November) and the demands of the Independent Election Commission about the dismissal of Najibullah Ahmadzai from the membership of the commission, it is hereby directed that the concerned institutions introduce new candidates to fill the vacant post of one of the commission members,” a presidential decree issued by the presidential palace on Wednesday read.
According to the law, if an IEC chairman resigns or is fired, government would have to review the previous list of shortlisted applicants and select a new chairman from there. If no one is found to be eligible for the post then the application and selection process would have to start again.
Ahmadzai was appointed as head of the IEC one year ago after he was picked by the election commission’s selection committee and his appointment approved by government leaders.
Ahmadzai Defied His Dismissal as Illegal
In response to his dismissal, Ahmadzai on Thursday accused the Presidential Palace of making illegal demands on the election management body and said that the Presidential Palace wants to manipulate the next elections.
“Independent election commission was asked to (conduct) illegitimate work, personal demands were made including the manipulation of the elections,” said Ahmadzai.
But the Presidential Palace (ARG) on Thursday said government’s decision to fire Ahmadzai was a positive move.
Ahmadzai also accused some members of the IEC of having political and ethnic affiliations.