Karzai Must Quash Decree, Dismiss “Special Court”

My op-ed on Outlook about the parliament inauguration crisis.

After the UN, European Union, US and Canada expressing deep concerns on delay of the parliament inauguration, President Karzai rushed back to Kabul on Saturday. He called on a lunch with all the winning MPs, who had warned to convene the house on Sunday, with or without Karzai. In the meeting, President seems to have relented for a compromise and have offered parliament inauguration on Wednesday. But we are still concerned if it will go on smoothly, since nothing from the Palace comes surely. AAN has a detailed report of the events of past three days.

The winning MPs should have pressed the President hard in Saturday’s meeting at the Palace, which did not end with a clear deal. Though currently Wednesday has been agreed upon for inauguration, but it has not been cleared what will happen to that pity unconstitutional “Special Court” to ‘investigate’ the alleged fraud. The MPs must stand strong against the constitutional maneuvering by the President to avoid future authoritarian extensions of power. The Special Court must be dismissed, as it is not according to the Constitution of Afghanistan, which allows special courts only for three cases; impeachment of the President, cabinet members and Supreme Court judges. President Karzai must respect the Constitutional Oversight Committee’s stance that the Special Court is unconstitutional. The real motives are all authoritarian moves of the President to alter the election results, he seems to be less careful about it being constitutional or unconstitutional.

The United Nations had released a statement of “concern” on Friday about the delay of parliament inauguration. The UNAMA press release said it is “deeply concerned on the recent call to delay the inauguration of the National Assembly”. Though UN statement is late, as it should have come earlier and stricter, but still we welcome the reaction and support for democratic institutions in Afghanistan. The statement recalls the Security Council meeting about timely inauguration of the Wolesi Jirga, but it does not urge President Karzai to stop the mess with constitution. The European Union, United States and Canada are the countries mentioned in the statement. The democratic forces in Afghanistan also expect other major supporters of international efforts in Afghanistan such as UK, Germany and other members of international community to express their position on the current crisis with parliamentary elections.

The UN statement further says it supports “peaceful” resolution to the issue by relevant Afghan stakeholders, with full respect for the Afghan Constitution. The stance of international community should have been clear that if President Karzai violates the constitution by supporting unconstitutional courts to maneuver election results, there will be no support for a vote recount, or new elections, if the results are cancelled, as threatened by the “Special Court”. UNAMA says it will assist all parties to ensure effective functioning of executive, judicial and legislative bodies to prevent conflict.

There were indications that diplomats of these countries might have attended the inauguration today, if Karzai had not come up on a deal with MPs for Wednesday‘s inauguration. Some MPs had also met the two vice presidents who had expressed support for early inauguration. These two show-men have no say in the decision making process of the Presidency. Though they have brought the bulk of votes for President Karzai, but they have no say in all important decisions. The vice presidents must realize their influence and responsibility in this regard and get more active in decision making process. Otherwise we are already being led to a one-man authoritarian rule.

President Karzai must quash his decree, dismiss the election “Special Court” and inaugurate the parliament on Wednesday; otherwise we are doomed to crisis that will eventually lead the country to a chaotic situation at this crucial time when we need political stability and unity direly. Afghan civil society and media have strongly criticized the political motivations behind the formation of Special Court, which is unconstitutional.

Already people are fed up with intensifying insecurity, huge corruption, unemployment and hopelessness for future with ineffective and incapable leadership who instead of leading the country out of the current period of transition from conflict toward normalization, are making a reverse journey toward the chaos of 90s. The little hope and trust left among the masses is evading with the more-than-enough self-centered tribal-mindset, personal-politics of our rulers. And this will ultimately lead toward the collapse of this political setup.

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Filed under Parliamentary Elections 2010

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