ENSURING CREDIBLE ELECTIONS: MEDIA LAW AND

UNCLAS SECTION 01 OF 02 KABUL 001655 SIPDIS E.O. 12958: N/A TAGS: KDEM PREL AF SUBJECT: ENSURING CREDIBLE ELECTIONS: MEDIA LAW AND NON-INTERFERENCE REF: A. SECSTATE 62422 ¶B. KABUL 1558 ¶C. KABUL 1299 ¶D. KABUL 1565 ¶E. KABUL 1636 ¶1. This is the third in a series of cables updating and providing additional details on Embassy plans and efforts for the Afghan presidential and provincial council elections, per the request in ref A. This cable addresses the issues of the Media Law and implementation of the May 22 presidential decree on non-interference. -------------- Ongoing Efforts on the Media Law -------------- ¶2. We have and continue to urge the highest levels of the Afghan government to gazette the Media Law. Per ref B, on June 7, the Ambassador inquired about the Media Law's status of Afghan Chief Justice Azimi, urging prompt action. We believe the law will not move forward without external pressure. We believe that some incentive or consequence is necessary to force Karzai to enforce the law. Otherwise Karzai's posture of unfulfilled promises to move quickly on gazetting the law could last through the election season. -------------- Ways forward on monitoring non-interference -------------- ¶3. Several documents issued by the Afghan government and the international community define the range of acceptable activities for candidates in the August presidential and provincial council elections. On May 22, President Karzai published a decree prohibiting official interference in the election process. The decree came after continued lobbying by the Embassy and the international community (ref C). The Independent Electoral Commission (IEC) has separately issued an IEC regulation on non-usage of government resources to prevent influencing the campaign process and a code of conduct for candidates for candidates and political parties. On June 15, UNAMA SRSG Kai Eide issued a statement calling on candidates to campaign with dignity and fairness and highlighting UNAMA's candidate guidelines that establish acceptable activities for candidates (ref D). This statement was echoed by statements from the European Union and the UK. ¶4. Our challenge is to monitor the application of the decrees and regulations, to promote fairness during the campaign season. To that end, we are engaged in a number of activities: - Pressing the Afghan government to comply with the Presidential decree is a top priority. The Embassy will continue to raise the decree with top Afghan policy makers at every opportunity to urge compliance with the decree. - We will urge Karzai to publicize the decree by publicly calling on high level GIRoA officials to ensure compliance of non-government interference. We will urge ministers and governors to push the message through the ranks of their organizations. - We are coordinating with other members of the international community to track reported occurrences of violations by candidates or their supporters. If sufficient credible evidence is available, and the ECC is not taking fast or serious action, we will raise the issue with the highest levels of the Afghan government and urge public condemnation of such activities. - In the May 22 joint civil-military guidance issued by Ambassador Ricciardone and GEN. McKiernan, we asked all USG personnel at PRTs to prevent undue partiality by officials as a core precept. The guidance also asked PRT officials to report violations of candidate conduct back to the Embassy. To support the May 22 guidance, by June 29 we will issue to all civilians in the field a set of frequently asked questions on reporting and responding to electoral irregularities. - The Electoral Complaints Commission (ECC) is the official and independent Afghan entity with primary responsibility for reviewing and adjudicating complaints about violations of the electoral law and challenges against candidates. Supporting the ECC will help strengthen its capacity and provide a domestic mechanism to enforce the regulations on candidate activities. Providing privately-contracted security for ECC provincial offices will substantially improve the ECC's ability to act as a safeguard to the electoral process. We KABUL 00001655 002 OF 002 request you approve and identify a funding source to support this activity. ¶5. On June 20, Ambassador Eikenberry launched a series of one-on-one meetings with serious opposition candidates to emphasize that the United States does not favor or oppose any legitimate candidate. The meetings included press opportunities that addressed the importance of issues-based campaigning. On June 29, the Embassy will host a reception to which all presidential candidates are invited, to demonstrate impartiality and allow an opportunity for equal access. ¶6. Strengthening the Afghan institutions that monitor and enforce fairness and transparency in the electoral process is an important long-term step. We have requested funding for (ref E) and will provide public support to the ECC. We are also examining ways to provide additional financial assistance to the Electoral Media Commission to enhance its ability to provide media monitoring. We will report septel on these activities. EIKENBERRY