The Election & Transparency Watch Organization of Afghanistan (ETWA) analyzed the current Presidential order due to the Electoral Law, the electoral concepts and the expectations of civil society and political parties highlighting the following points:
The technique to selecting a brand-new member of the Election Commission in the Presidential order is specifically opposing Articles (14) and (16) of the Electoral Law.
Under post 14(2) of the Election Law, the work of the choice committee as an interim organ ends after sending the list of (21) candidates for the commission subscription to the President.
According to Article 16(3) of the Election Law, the President will select brand-new member (s) from among the staying candidates stated in provision (2) of the Article (14) of this law; with a due factor to consider to the ethnic and gender structure.
Focus on executing techniques contrary to the laws to designate the brand-new members of the Election Commission might seriously hurt the reliability of the procedure for political parties, civil society, and the public.
ETWA thinks if the Presidential Office discovers no person eligible in the pre-prepared list; it is recommended that:
The Election Law will be modified in assessment with political parties and civil society to eliminate spaces and defects in the law about the structure of the choice committee, the terms for the commission members and how they are changed.
We highly state that the current President method to selecting a brand-new member of the Election Commission disputes the relevant laws. The existence of the agent of civil society in this procedure (as a member of the Selection Committee) will be contrary to civil and democratic values.