CHARGE URGES KARZAI TO STRENGTHEN ELECTION

C O N F I D E N T I A L SECTION 01 OF 02 KABUL 001022 SIPDIS E.O. 12958: DECL: 04/20/2019 TAGS: KDEM PGOV AF SUBJECT: CHARGE URGES KARZAI TO STRENGTHEN ELECTION NON-INTERFERENCE DECREE REF: A. KABUL 0868 ¶B. KABUL 0895 ¶C. KABUL 0976 Classified By: Charge d'Affaires Francis Ricciardone for reasons 1.4 (b) and (d). ¶1. (SBU) SUMMARY: In an April 20 meeting with President Karzai, Charge Ricciardone pressed Karzai to fix the Shia family law, gazette the media law and publish a strong presidential decree prohibiting official interference in the electoral process. Karzai assured the Charge that he is working on each issue, and is closely coordinating with SRSG Kai Eide on the language for the decree, which (as Karzai evidently expected) Eide shared with us. The full text of the draft decree as of April 21 is in paragraph 5. END SUMMARY. ¶2. (C) President Karzai first complained that recent meetings between high-level U.S. visitors and Afghan opposition leaders demonstrated U.S. opposition to Karzai. The Charge reiterated the well known U.S. position that we neither support nor oppose any individual candidate and reminded Karzai that President Obama had invited Karzai to Washington to participate in the May 6-7 Afghan-Pakistani-U.S. trilateral meetings. The Charge urged Karzai to complete a number of actions of concern to the United States. The Charge stressed that fixing the Shia family law (ref a) remains a priority for the United States, including Secretary Clinton. Karzai promised he would "take care" of the law. The Charge also urged Karzai to gazette the media law as soon as possible, without prejudice to pursuing any constitutional concerns (ref b) through the Supreme Court. Charge informed Karzai that Justice Minister Danesh determined such a process was available to the President. Karzai professed ignorance on such an option, and said he would consult Chief Justice Azimi. The Charge also raised the embassy land issue with Karzai and Minister of Defense Wardak who was also at the meeting (report separately). ¶3. (C) The Charge advocated that Karzai issue a strong decree prohibiting government interference in the electoral process. Karzai responded that he had significantly revised an earlier draft decree (ref c) and was revising the text in consultation with SRSG Eide. Karzai reiterated that he would sign the decree "soon," and hinted the Embassy would like the final decree. (We later received the revised and improved draft text from the office of the SRSG.) ¶4. (C) The new draft decree is a significant improvement from the earlier version we had received unofficially from a palace source. The new version is modeled on a 2005 presidential decree for the same purpose, and incorporates strong language prohibiting interference of government officials in any part of the electoral process, including use of government resources to the benefit of any one candidate. The draft decree takes the additional step of voluntarily limiting Karzai's power to appoint high-level government officials, except in "extraordinary circumstances." The focus has clearly shifted to limitations on the Afghan government, although the decree also mentions international actors without imposing undue constraints on our ability to monitor and support a legitimate campaign and electoral process. This new draft decree would represent a significant step forward in addressing level playing field concerns. ¶5. (SBU) The draft presidential decree received in English from the office of the SRSG follows: Begin Text: Decree Of the President of the Islamic Republic of Afghanistan About non-interference of heads of governmental institutions in the affairs of the Elections of 1388 (2009) Pursuant to the Constitution and Electoral Law, the citizens, women and men, who are eligible, have the right to participate as voters or candidates in elections with free, secret and direct votes. To ensure the implementation of these rights, to create a free, fair and transparent electoral environment, and to prevent interference of government officials during the presidential and provincial council elections in 1388 (2009),the following articles are approved: Article One: Heads of the national government institutions including Ministries, Independent Directorates, and Government Departments, as well as Provincial Governors and their Deputies, Mayors, Judges, Attorneys-General, and all those under their authority, are instructed to abide by the following: KABUL 00001022 002 OF 002 ¶1. Not to interfere directly or indirectly during all phases of the election process, except as authorized by law. ¶2. To refrain from directly or indirectly influencing voting by making recommendations to voters on which candidates to vote for; from taking any action which could influence the confidentiality of the secret ballot and the free and direct election; and from influencing voters to mention or reveal who they voted for. ¶3. Not to interfere in the preparation or holding of meetings, gatherings and peaceful rallies during the electoral campaign. ¶4. To refrain from any preferential or discriminatory treatment of any candidate. ¶5. Not to misuse state resources to the benefit or detriment of any candidate. ¶6. To refrain from the removal and defacing of posters and other campaign materials of candidates. ¶7. To ensure the security of voters and candidates. Article Two: In case of any violation to the listed provisions of this order, the perpetrator shall be subject to legal sanctions. Article Three: New appointments of high-level officials to government positions, including Provincial Governors, District Administrators, and Mayors, effective 1st Saur 1388 (21 April 2009) until the end of the elections process, shall be suspended except in extraordinary circumstances. Article Four: The UN representation, international institutions, and foreign nationals, who have been invited based on the agreement of the Islamic Republic of Afghanistan to monitor the elections, are requested to conduct their duties with full impartiality. Article Five: This Decree shall be effective immediately (as soon as it is signed) and it is the responsibility of all parties concerned to implement it. Hamid Karzai, President, Islamic Republic of Afghanistan END TEXT RICCIARDONE