Need for clarity

Opinion is divided over whether lawmakers have a fixed term or can conduct business until the announcement of new Members of Parliament (MPs) following elections.

Opinion is divided over whether lawmakers have a fixed term or can conduct business until the announcement of new Members of Parliament (MPs) following elections.

Under Article 83 of the Constitution, Parliament’s term ends after the disclosure of election results on the 1st of Saratan (June 22) of the 5th legislative year and the new Parliament commences work.

Nazir Ahmad Hanafi, MP from Herat says, “The Constitution doesn’t say that on first Saratan the fifth year of Parliament ends. There is no word about the end.” He says that until the new MPs are introduced the current Parliament can continue to legislate.

Zahir Qadeer, the first deputy of the Wolesi Jirga said on June 5 at a parliamentary meeting that it was for the government and the Independent Election Commission (IEC) to announce the date for parliamentary polls. He urged the national unity government to share with people the reasons for not holding the elections.

Jawed Faisal, the spokesperson in the Chief Executive’s Office, says the government is trying to find a legitimate way for MPs to continue doing their work after the end of their five-year term. He did not share any details.

Abdul Qader Zazai Watandost, representative from Kabul, warns that if Parliament was to lose legality, the government of national unity would also face a legitimacy issue. Were Parliament’s doors to close, he says, the approval of the budget for the new financial year would be a problem. Only lawmakers have the authority to pass the budget. Elections should have been held between 30 and 60 days before the end of the present Parliament’s term.

Skakiba Hashemi, MP from Kandahar, is on the side of those who insist Parliament has a fixed term of five years, and its extension beyond June 22 is illegal. “It is the duty of the leaders in a government to enforce the Constitution and hold the election on time.” She warns that any further delay would be at the cost of people’s faith in democracy.

Observers are worried the failure to hold election may create a vacuum in the government. TEFA (Transparent Election Foundation of Afghanistan) blames the government for the situation, and wants a quick resolution. Nayeem Ayubzada, TEFA head, said at a meeting that it was time to hold parliamentary elections and extend the term of the current Parliament.

“The IEC should start its work … (and) Parliament’s term extended by three or four months,” he said.

Yusuf Rasheed, the head of FIFA (Free & Fair Election Foundation of Afghanistan), believes there is no point in holding elections until the promised reforms in the electoral process. He wants the national unity government, which assumed power promising poll reforms, to make its stand clear in public.

Some movement

Meanwhile, Faisal, spokesperson in the Chief Executive’s Office, claims there is consensus now on a head for the Electoral Reforms Commission. He did not provide any details but said the president would soon introduce him.

This is not the first time that elections are delayed in Afghanistan. Presidential polls were delayed in 2009 and 2014.

Some civil society activists insist that the government should put an end to the speculation and kickstart the work of the Electoral Reforms Commission and settle the issue of legality of the continuation of Parliament. Najia Noori, a student of law, says according to law, MPs can lawfully continue their work when the elections are not held on time. President Ashraf Ghani said at a meeting in Kabul recently that parliamentary elections would be held in 2016.