INTERNATIONAL COMMUNITY ALARMED DISCUSSES

C O N F I D E N T I A L SECTION 01 OF 02 KABUL 000572

SIPDIS

E.O. 12958: DECL: 02/14/2020
TAGS: PGOV KDEM PREL AF
SUBJECT: INTERNATIONAL COMMUNITY ALARMED DISCUSSES
POSSIBILITY KARZAI WILL "NATIONALIZE" ECC

REF: A. KABUL0541

B. KABUL0335

C. KABUL0504

Classified By: Acting PolCouns Victoria Alvarado; Reasons 1.4 (b) and (
d).


1. (C) Summary: Convening a meeting of key ambassadors on
February 11, UN SRSG Kai Eide sought counsel on how to avoid
a potential stand-off with President Karzai on the issue of
appointing international observers to the Electoral
Complaints Commission (ECC),in light of rumors that Karzai
intends to nationalize the ECC and shed the international
positions. Eide also sought reactions from the group to the
recent discovery that the Amnesty Law has been gazetted (Ref.
A). With less than a month to go as leader of UNAMA, Eide
reiterated his desire to see his proposal to restructure
UNAMA go through before he departs his post, and asked the
group to be ready to discuss the proposal at next week's
meeting (Ref. B). End summary.


2. (C) Concern over whether Karzai was planning to
nationalize the ECC dominated the discussion at the
ambassadorial meeting. Ambassador Mussomeli reported that
Karzai Chief of Staff Daudzai had told us that Eide should go
ahead and nominate the slate of international observers for
the ECC (Ref. C). Mussomeli suggested that Eide meet with
Karzai first, if possible, but urged Eide to go ahead with
the nominations if Karzai did not agree to a meeting within
the next twenty-four hours. British Charge d'Affairs Sir
Sherard Cowper-Coles echoed this concern, pressing Eide to
move quickly to nominate his candidates before Karzai had the
chance to nationalize the ECC.


3. (C) The Russian and EU ambassadors, on the contrary, put
a premium on first consulting with Karzai. Making an
announcement before discussing it with Karzai would only
alienate him and drive a wedge in relations between him and
the international community, the Russian ambassador warned.
Eide shared the concerns of his international counterparts,
but said that he would like to give Karzai the chance to meet
with him first. However, he was "inclined" to make the
announcement on February 13, whether or not Karzai had met
with him. (Comment: It must be recognized that this is an
issue that may not garner broad support among Afghans.
Nationalizing the ECC could provoke sentiments of sovereignty
and nationalism that will resonate well with many Afghans.
End Comment.)



4. (C) Discussing the Amnesty Law, which was gazetted in
December 2008, but only recently published (ref A),several
ambassadors cited that it was in clear contravention of
international law. Several expressed their concern for the
implications the law will have on candidate vetting for
future elections; candidates who have been granted amnesty,
they noted, can not be excluded from running for office by
the vetting process. However, the representative from the
European Commission noted that amnesty could also play a role
in reconciliation efforts. Having an amnesty mechanism, he
said, could prove to be a useful tool in bringing in the
people with whom we are trying to reconcile.


5. (C) Several ambassadors advised against making a public
statement on the law because of the "complex situation,"
while the Canadian ambassador advocated making a statement
that draws upon the reactions and objections of Afghan civil
society and legal scholars, to highlight the internal
concerns raised by the law. Eide asked his counterparts to
provide UNAMA with advice on how to react to the law by the
next meeting.


6. (C) Acknowledging UNAMA's prolonged staffing problems,
Eide said that he had sent a cable to New York urging a quick
solution to bring critically-needed staff out to Kabul
quickly. With just weeks to go in Kabul, Eide also raised
his proposal to restructure UNAMA by adding a cadre of twenty
senior advisors from key donors. He said he is eager to
finalize this proposal before he leaves Kabul and asked the
ambassadors to give him feedback on the plan at next week's
meeting of ambassadors.


7. (C) NATO Senior Civilian Representative Mark Sedwill
provided a brief on the Marjah operations due to begin in
Helmand province on February 12. He stressed the
coordination efforts underway to ensure buy-in and support
from the local shuras and provincial councils. The civilian
part of the operation, he said, is just as critical as the
military side, a view which the British ambassador echoed.

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Rather than merely embedding journalists with the military,
he suggested, we should also encourage them to cover the
civilian efforts to restore governance and begin development
projects in the areas that are cleared by this operation.
Sedwill concurred that telling the civilian side of this
story is essential.
Eikenberry