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.


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Ongoing Efforts on the Media Law
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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.

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Ways forward on monitoring non-interference
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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