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. KABUL 00000572 002 OF 002 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