Parliamentary electoral system
is not suitable for Afghanistan

Abdul Khaliq Fazal

October 6, 2010

We have witnessed the last two parliamentary elections in Afghanistan. One was held in 2005 and the second in September 2010. Both of these elections consisted of several problems. It seems like the Independent Election Commission of Afghanistan (IECA) has not learned from the mistakes and problems they have made during the 2009 presidential election.

There were many reports of vote riggings, including circumstances where individuals voted several times, which showed that individuals had obtained more than one voting identification card. Another issue was that the ink used to identify the individual voting was easy to remove from the fingers. Also, fake voting cards were printed in Peshawar and were used in several polling stations.

It was claimed that in several voting stations, the voting boxes were filled with more votes in favor of a particular candidate than the total amount of votes that were cast in that station . Many voters also claimed that a number of candidates had threatened them to vote for them otherwise their life would be in danger. These threats to potential voters were also made by government officials.

Issues also arose with the running of the voting stations. Some voting stations were not opened on time, and some even did not have the right facilities for punching the cards.

The issues mentioned above and more of the problems which arose during the voting period were widely publicized both in the local and international media. Despite all these criticisms of the IECA, it still was unable to resolve at least part of the problems.

The election has been over for several weeks; however the results of the election are still unknown. The candidates are questioning the skills, capability, activities and independency of the IECA. At the same time the candidates and the general Afghan people do not trust the impartiality of IECA.

People do not trust the independency of the IECA and its voting counting system, because from day one there have not been representatives of the candidates in the polling stations in which the counting has been taking place.

We must understand that it is impossible for every candidate to have their representatives in every polling station, to be able to watch voting and scrutinize everything closely because of the wrong parliamentary system we are having.

PROBLEMS WITH THE PARLIAMENTARY LAW SYSTEM

The above issued clearly indicates that the current parliamentary system is not suitable to the structure of Afghanistan and its situation. Why?

First, it is very easy for a person to be nominated or be a candidate for the parliament. The conditions and criteria are very simple, and are not suitable for the structure of Afghanistan. Each province is allocated a particular number of seats in the parliament, thus the province is not being divided to districts or zones, therefore in this system the candidates cannot over see the right process of the election, vote counting, and correct honest results. Once the voting boxes are taken to the head quarters of the IEC for counting, and are kept there for several nights anything can occur. At the end whomever the IECA declares the winner has to be accepted by the candidates. Thus this system is not clear, visible and honest and democratic.

Second, the number of candidates in each province are so many that, it makes it very difficult for a person to vote for the candidate of his or her choice.

Let’s not forget that a high percentage of Afghans are illiterate and are not able to even find in the ballot paper the person of their choice to vote for, especially in the countryside. This issue has and would create lots of problems for those people to vote. At the same time it is and will be very difficult for the people of a particular district to go and see their representative in the Parliament, because his district may not be represented by a member of their district.

WHAT SHOULD BE DONE TO CLEAN, CLEAR AND MAKE HONEST THE PARLIAMENTARY ELECTIONS?

First, there has to be changes in the parliament election system. It should be made more difficult for an individual to nominate themselves as a candidate. For example, currently a potential candidate who knows that he or she has no chances of winning the votes of the people can easily nominate themselves for the parliament.

The condition for a person to be candidate for the parliament has to be stricter. Only individuals with good qualities, good background, and who are committed to serve the country and well known within the community, should have the opportunity to stand for the parliament as he or she would be able to serve the interests of the people.

There should be 100,000 Afghanis paid to IEC.

The candidates must produce 1000 voting cards from the zone he or she is standing for.

The rest of the condition which are already in the IEC system for person to be the candidate for the parliament.

Strict conditions for a person to stand for the parliament would bring the number of candidates down and at the same time would encourage good and quality people to go to the parliament.

249 SEATS IN PARLIAMENT

The current number of the parliament is 249 members. This number is too high for Afghanistan in comparison to other countries. Nevertheless it can be corrected by the following actions; the number of parliamentary seats allocated to each province can be divided to the same number of divisions in that province, and one person can represent that division not the whole province.

People interested in being a candidate for the parliament, can chose the division of which he or she want to stand for. This will bring the number of the candidates lower, and the candidates would be able to do the election campaign within the area of that division. At the same time it will be easy for the voters to go and vote for the person of their choice.

During the election day, each candidates can have one representative in each polling station and at the end of the day the official of the IECA can count the votes in front of the candidates' representatives. The results of the election can even be declared on that night and there would not be disputes over the winner of the election.

The parliamentary system that I am currently recommending for Afghanistan to adopt has previously operated in Afghanistan. I remember very well, that in the parliamentary election of 1965 our house in Kandahar was the center of the campaign for the late Abdul Ahad Khan Karzai who was the candidate for Division Two of Kandahar City. I was working in his campaign and by 9.00PM of the voting day the representative (scrutinizer) of the candidate came and said that Abdul Ahad Khan Karzai had won the seat.

That system was well received by the people of Afghanistan and people were used to it. At the same time people in each district knew who their member of parliament is and could go and see that member for their problems.

I am not sure who came up with the current parliamentary election system. However it seems that whoever has designed this system did not do their study of the Afghan multi tribal nation and the problems with it.

Yes there was this argument that during the past 20 years the number of districts in Afghanistan has increased dramatically in some of the provinces, and if the parliamentary system works on the old system which was during his majesty king Mohammad Zahir shah last 8 years of government, then that would create imbalance in the parliament provincial and tribal representatives. This was and is a problem and should be resolved in time, but what I am advocating is that the current 249 parliament seats be divided into 34 provinces.

Each province should be divided to the number of parliamentary zones on the number of their parliamentary quotas. For example Kabul province quota is 33 seats, then Kabul should be divided to 33 zones, thus people can chose in which zone they want to be a candidate for, and people of that zone can vote only within his or her zone.

Abdul Khaliq Fazal was the former Minister of Public Works from 2001-2002, President of the Evaluation and Privatization Commission of Public Enterprises from 2002-2004, and an advisor to President Karzai in the 2004 Presidential Elections. He can be reached at a_k_fazal@yahoo.com.au

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