• publish: 13 February 2019
  • time: 1:11 pm
  • category: Excerpted
  • No: 6994

The removed electoral commissioners: Our dismissal, a political decision

The removed electoral commissioners described changes to the electoral law as illegal and their dismissal as politically-motivated decision.

In a statement the removed commissioners hit out at President Ghani’s decision on the amendments and removal of the election commissioners.

Under Article 109 of the constitution, proposals for amending the election law shall not be included in the agenda of the last year of the legislative term.

Article 16 of the electoral law says a member of the commission can be terminated form job in the following circumstances:

Forgery of education documents
Deprivation of civil right on the order of a competent court
Conviction for committing crimes
Having membership in political parties during membership of the commission
Breaching provisions of the Afghanistan constitution, this law and other enforced law in the country
Suffering from an incurable or log-term disease which impedes performance of duties
Continuous absence from job for more than twenty days without justifiable legal reasons
No observance of the article 17th of this law. According to this article, two members of the commission may tender his/her resignation in written to the president.
In case of resignation, termination or death of a commissioner, the president shall appoint a new one from amongst the remaining nominees stipulated in Clause 2 of Article 14; with due consideration to ethnic and gender composition.

In their statement, the commissioners said that all candidates, including the president and chief executive officer, had agreed on amending the electoral law at several ‘hasty meetings’.

They asked wither the presidential candidates reserved the right to bring changes to the electoral law and how they could do so in an unfinished process of Wolesi Jirga elections and ahead of the presidential vote.

The dismissed commissioners believed the issuance of presidential decree in such circumstances was a politically-motivated decision, not a legal measure.

The statement added the amendments would sabotage the Wolesi Jirga elections process as the final results from several constituencies had already been announced.

The former commissioners called on legal bodies, including the Constitutional Oversight Commission, to properly review the decree and implement it based on laws and shared their views with the people.

About interference in the Wolesi Jirga elections, the commissioners said they were ready for a debate with national unity government leaders to let citizens know the facts.

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