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