PRESSING KARZAI ON DECREE TO PROHIBIT OFFICIAL

S E C R E T SECTION 01 OF 02 KABUL 000976

SIPDIS
SENSITIVE

E.O. 12958: DECL: 04/18/2019
TAGS: KDEM PGOV AF
SUBJECT: PRESSING KARZAI ON DECREE TO PROHIBIT OFFICIAL
INTERFERENCE IN ELECTIONS

REF: A. KABUL 0922

B. KABUL 0431

C. 2008 KABUL 3177

Classified By: Charge d'Affaires Francis Ricciardone for
reasons 1.4 (b) and (d).


1. (SBU) President Karzai is considering, but has not yet
signed, a draft decree to prohibit political interference by
Afghan security forces in the upcoming presidential and
provincial council elections. In separate meetings last week
with SRAP Richard Holbrooke and the Charge, Karzai promised
to issue a strong decree that would help assure the
opposition and the international community that the
government would curb unfair involvement of government
officials in political campaigns (ref b). The language in
the current draft is weak, and shows no signs of inspiration
by the U.S. models the Charge provided Karzai last week. The
current draft would not meet our objective of leveling the
playing field. Worse, it evidently aims to constrain the
legitimate involvement of the international community in
supporting free and fair elections and a level playing field.
We are continuously engaging Afghan authorities at all
levels, starting with Karzai, to make clear we expect clear
and strong direction from the government to its officials on
refraining from influencing the course or conduct of the
electoral process. A strong decree (or decrees) in the near
term will be part of that strategy. Additionally, it is our
high priority, in the lead up to and through the election, to
work with all stakeholders to persuade relevant parts of the
government to implement concrete steps to establish a level
playing field. The full text of the draft decree as of April
19 is in paragraph 8.


2. (S) At Charge,s intervention, Karzai agreed late on
April 18 to refrain from signing the current draft decree
pending a line-by-line review with us.


3. (SBU) As previously reported, many in the opposition fear
Karzai will co-opt government resources and influence to
benefit his election campaign. Likely presidential candidates
have requested international support to commit Karzai to a
free, fair, open, and transparent election process (ref c).
The Independent Election Commission, for example, recently
published campaign finance regulations (ref a) to forbid the
use of public resources for any one candidate. Government
resources must be given to all candidates equally or be
withheld across the board. The newly-constituted Electoral
Complaints Commission (ECC) is investigating possible
enforcement mechanisms for campaign finance and other
electoral offenses in conjunction with Attorney General
Aloko.


4. (SBU) The draft presidential decree, if or when
published, would represent Karzai's first act to address
level playing field concerns. Karzai promised to SRAP
Richard Holbrooke and the Charge to issue a decree with
strong direction to all government officials to refrain from
influencing the course or conduct of the electoral process.
Karzai has drafted but not yet signed such a decree. (We
obtained a copy of the draft decree informally and without
GIRoA authorization.) It is weak, using only the vague call
to "avoid interference," and only pertaining to security
forces, and not to all government officials. A 2005 decree
with a similar purpose clearly stated all government
officials must avoid a wide range of specifically cited
activities, providing a stronger set of guidelines.


5. (SBU) At a strategic level, the Embassy is engaged with
Afghan authorities at all levels, starting with Karzai, to
make clear we expect clear and strong government direction to
ensure a level electoral playing field. To demonstrate the
U.S. commitment to these principles at home, the Charge has
passed copies of the Hatch Act, the McCain-Feingold Act and
supporting regulations and guidelines from the Federal
Election Commission and the Office of the Special Prosecutor
to the Palace and supporting government offices. These
include Minister of Interior Atmar, Minister of Foreign
Affairs Spanta, Minister of Justice Danesh, NDS Director
Saleh, IDLG Director Popal, NSA Dr. Rassoul, Attorney General
Aloko, and Supreme Court Chief Azimi. At the April 19 Joint
Coordination Monitoring Board, Charge called on the
membership to join in consultations with GIRoA to strengthen
the forthcoming Presidential decree.


6. (SBU) Tactically, the final outcome of this first
Presidential decree will be important, but more critical will
be its implementation. We also are working with all
stakeholders (including the international community, civil
society, representatives of the opposition, etc.) to persuade
relevant parts of the government to implement concrete steps

KABUL 00000976 002 OF 002


to establish a level playing field. We are speaking directly
with Afghan agencies on guidelines for conduct of their own
officials. An important confidence building measure will be
persuading the government to engage directly with
representatives of the opposition to agree to measures to
level the playing field. (Karzai himself has told us he is
in close touch with many of his potential and declared
opponents, but it is clear that his focus is on political
bargaining rather than on cooperation in support of the
legitimacy of the elections.)


7. (SBU) We are consulting with the opposition for their
possible suggestions for further measures. Meanwhile, we
continue to urge Karzai to produce a series of gestures,
including gazetting the media law and permitting candidates
legitimately to raise campaign funds to reinforce the
legitimacy of the election.


8. (SBU) An Embassy translation of the draft presidential
decree follows:

Begin Text:

Decree - President of the Islamic Republic of Afghanistan
regarding security and non-interference by government and
non-government organizations in the Presidential and
Provincial Council election process

In order to implement precisely paragraph one of article 61
of the Constitution of Afghanistan, and create safe and free
environment and ensure comprehensive transparency in the
Presidential and Provincial Council elections and prevent
interference of any nature by government and non-government
agencies, the following is approved:


1. The Ministries of National Defense, Internal Affairs and
National Directorate of Security are advised to hold specific
and extraordinary measures all over the country to provide a
satisfactory environment for the elections.


2. Government agencies including the National Army, National
Police and National Directorate of Security for the Islamic
Republic of Afghanistan are advised to strictly avoid
interference of any nature in the polling centers and
electoral constituencies.


3. The United Nations, international organizations and
foreign nationals who have been invited on the agreement of
the government of the Islamic Republic of Afghanistan to
monitor elections should perform their duty as observers with
total impartiality.


4. The office of the United Nations (UNAMA) and its
subordinate monitoring committees, UN peace keeping forces in
the country (NATO and ISAF),diplomatic missions,
organizations, individuals and other foreign agencies in
Afghanistan are advised to strictly avoid publishing or
distributing irresponsible evaluation before or during the
elections and strictly avoid any other interference that can
affect the elections process.


5. The Ministry of Foreign Affairs of the Islamic Republic
of Afghanistan is advised to monitor the activities of the
observing agencies, international organizations and
diplomatic missions during the election process and inform
officially the Electoral Complaint Commission (ECC) about any
violation and interference in the electoral process.


6. The Electoral Complaint Commission is advised to assess
the violators after recognition through the polling centers
of the electoral constituencies, the Ministry of Foreign
Affairs and other relevant agencies and if needed, refer them
to judicial organizations for prosecution.


7. This decree shall be implemented after being signed by
the President and its enforcement is the responsibility of
the Independent Election Commission.

Hamid Karzai, President of the Islamic Republic of Afghanistan

END TEXT
RICCIARDONE