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Afghanistan: The Long, Hard Road to the 2014 Transition
Afghanistan: The Long, Hard Road to the 2014 Transition
Table of Contents
  1. Executive Summary
Afghanistan’s Low-turnout Election, Insecurity and Unsettled Prospects for Peace
Afghanistan’s Low-turnout Election, Insecurity and Unsettled Prospects for Peace
Report 236 / Asia

Afghanistan: The Long, Hard Road to the 2014 Transition

Afghanistan is hurtling toward a devastating political crisis as the government prepares to take full control of security in 2014.

Executive Summary

Plagued by factionalism and corruption, Afghanistan is far from ready to assume responsibility for security when U.S. and NATO forces withdraw in 2014. That makes the political challenge of organising a credible presidential election and transfer of power from President Karzai to a successor that year all the more daunting. A repeat of previous elections’ chaos and chicanery would trigger a constitutional crisis, lessening chances the present political dispensation can survive the transition. In the current environment, prospects for clean elections and a smooth transition are slim. The electoral process is mired in bureaucratic confusion, institutional duplication and political machinations. Electoral officials indicate that security and financial concerns will force the 2013 provincial council polls to 2014. There are alarming signs Karzai hopes to stack the deck for a favoured proxy. Demonstrating at least will to ensure clean elections could forge a degree of national consensus and boost popular confidence, but steps toward a stable transition must begin now to prevent a precipitous slide toward state collapse. Time is running out.

Institutional rivalries, conflicts over local authority and clashes over the role of Islam in governance have caused the country to lurch from one constitutional crisis to the next for nearly a decade. As foreign aid and investment decline with the approach of the 2014 drawdown, so, too, will political cohesion in the capital. To ensure political continuity and a stable security transition, action to correct flaws in the electoral framework and restore credibility to electoral and judicial institutions is needed well before the presidential and provincial council polls. Tensions have already begun to mount between the president and the Wolesi Jirga (the lower house of the National Assembly), as debate over electoral and other key legal reforms heats up. Opposition demands for changes to the structures of the Independent Elections Commission (IEC) and Electoral Complaints Commission (ECC) and an overhaul of the Single Non-Transferable Vote (SNTV) election mechanism have become more vigorous by the day.

There is also, as yet, no sign of an agreement on the timing of the 2014 elections or the following year’s parliamentary elections, though President Karzai insisted on 4 October that the former would be held on time and “without interruption”. The IEC has hedged on publicly announcing the planned postponement of the provincial council polls, for fear that such an announcement could deepen the political crisis. At a minimum, the IEC must announce a timetable and a plan for the 2014 elections that adhere closely to constitutional requirements by December 2012, and a new IEC chairman must be selected to replace the outgoing chairman, whose term expires in April 2013, as well as a new chief electoral officer.

It is a near certainty that under current conditions the 2014 elections will be plagued by massive fraud. Vote rigging in the south and east, where security continues to deteriorate, is all but guaranteed. High levels of violence across the country before and on the day of the polls are likely to disenfranchise hundreds of thousands more would-be voters. The IEC will likely be forced to throw out many ballots. This would risk another showdown between the executive, legislature and judiciary. Under the current constitution and electoral laws, the government is not equipped to cope with legal challenges to polling results. Nearly a decade after the first election, parliament and the president remain deeply divided over the responsibilities of constitutionally-mandated electoral institutions. The IEC, its credibility badly damaged after the fraudulent 2009 and 2010 elections, is struggling to redefine its role as it works to reform existing laws. There is also still considerable disagreement over whether the ECC should take the lead in arbitrating election-related complaints.

It will be equally important to decide which state institution has final authority to adjudicate constitutional disputes before the elections. The uncertainty surrounding the responsibilities of the Supreme Court versus those of the constitutionally-mandated Independent Commission for the Supervision of the Implementation of the Constitution (ICSIC) proved to be a critical factor in the September 2010 parliamentary polls. The Supreme Court’s subsequent decision to establish a controversial special tribunal on elections raised serious questions about its own impartiality. Institutional rivalries between the high court and ICSIC have increased considerably since then, with the Wolesi Jirga aggressively championing the latter’s primacy in opposition to the president.

The tug of war between these two constitutionally-mandated institutions has extended to Supreme Court appointments; two of nine positions on the bench are held by judges whose terms have already expired, and the terms of three more expire in 2013. The ICSIC faces similar questions about its legitimacy, since only five of its required seven commissioners have been appointed by the president and approved by parliament. Ambiguities over the roles of the Supreme Court and the constitutional commission must be resolved well before the presidential campaign begins in earnest in early 2013. An important first step would be to appoint the required judges and commissioners.

Institutional rivalry between the high court and the constitutional commission, however, can no more be resolved by presidential decree than it can by a simple parliamentary vote. Constitutional change will ultimately be necessary to restore the Supreme Court’s independence and to establish clear lines of authority between it and the ICSIC. Even if wholesale constitutional change is not possible in the near term, legal measures must be adopted within the next year to minimise the impact of institutional rivalry over electoral disputes and to ensure continuity between the end of Karzai’s term and the start of the next president’s term.

Although Karzai has signalled his intent to exit gracefully, fears remain that he may, directly or indirectly, act to ensure his family’s continued majority ownership stake in the political status quo. This must be avoided. It is critical to keep discord over election results to a minimum; any move to declare a state of emergency in the event of a prolonged electoral dispute would be catastrophic. The political system is too fragile to withstand an extension of Karzai’s mandate or an electoral outcome that appears to expand his family’s dynastic ambitions. Either would risk harming negotiations for a political settlement with the armed and unarmed opposition. It is highly unlikely a Karzai-brokered deal would survive under the current constitutional scheme, in which conflicts persist over judicial review, distribution of local political power and the role of Islamic law in shaping state authority and citizenship. Karzai has considerable sway over the system, but his ability to leverage the process to his advantage beyond 2014 has limits. The elections must be viewed as an opportunity to break with the past and advance reconciliation.

Quiet planning should, nonetheless, begin now for the contingencies of postponed elections and/or imposition of a state of emergency in the run up to or during the presidential campaign season in 2014. The international community must work with the government to develop an action plan for the possibility that elections are significantly delayed or that polling results lead to prolonged disputes or a run-off. The International Security Assistance Force (ISAF) should likewise be prepared to organise additional support to Afghan forces as needed in the event of an election postponement or state of emergency; its leadership would also do well to assess its own force protection needs in such an event well in advance of the election.

All this will require more action by parliament, less interference from the president and greater clarity from the judiciary. Failure to move on these fronts could indirectly lead to a political impasse that would provide a pretext for the declaration of a state of emergency, a situation that would likely lead to full state collapse. Afghan leaders must recognise that the best guarantee of the state’s stability is its ability to guarantee the rule of law during the political and military transition in 2013-2014. If they fail at this, that crucial period will at best result in deep divisions and conflicts within the ruling elite that the Afghan insurgency will exploit. At worst, it could trigger extensive unrest, fragmentation of the security services and perhaps even a much wider civil war. Some possibilities for genuine progress remain, but the window for action is narrowing.

Kabul/Brussels, 8 October 2012

Afghan election commission workers count ballot papers of the presidential election in Kabul, Afghanistan on 28 September 2019. REUTERS/Mohammad Ismail
Q&A / Asia

Afghanistan’s Low-turnout Election, Insecurity and Unsettled Prospects for Peace

Afghanistan’s fourth presidential election since 2001 brought perhaps 26 per cent of the electorate to the polls. In this Q&A, Crisis Group consultant Graeme Smith and Senior Analyst Borhan Osman explain the weak participation rate and explore the contest’s implications for the country’s stability.

What happened in Saturday’s Afghan presidential election?

Results will emerge slowly in the 28 September Afghan presidential election – the country’s fourth in its short post-2001 democratic history. Although both leading campaigns have already claimed a first-round victory, official preliminary tallies are not expected to be released until mid-October. Even then, the vote count will be subject to certification, which will come after electoral bodies adjudicate complaints about the process. If the official count shows no candidate gaining more than 50 per cent of the vote, a second round will be required. It is unlikely that a second round could be held until the spring, because winter weather makes voters’ access to polling places too difficult.

The contest features an incumbent, President Ashraf Ghani, who enjoys a high degree of control over the state apparatus and a strong likelihood of fending off the dozen challengers seeking to replace him. Ghani’s strongest rival, Chief Executive Abdullah Abdullah, had become his reluctant partner in a unity government after disputed election results in 2014 led to a political crisis. That crisis ended with a U.S.-brokered power-sharing arrangement.

Election day came after an unusually muted campaign period. Campaigning ahead of previous presidential polls saw contenders charter aircraft, fill stadiums and deliver speeches across the country. In contrast, the 2019 season was relatively quiet, with few rallies, and with candidates who seemed uninterested in spending money or risking lives on large-scale campaigns.

How many people voted?

Turnout was low. Although preliminary results will not be out for weeks, election officials are already estimating that about 2 or 2.5 million voters came to the polls. Those numbers may decrease as some ballots are deemed fraudulent and other votes are thrown out for technical violations. The likely number of final valid votes is hard to forecast because this is the first time Afghanistan has used biometric systems for voter verification in a presidential election. The top end of the current estimated turnout range is 26 per cent of 9.6 million registered voters, a lower turnout than in any other election in Afghanistan – and, in fact, among the weakest turnouts for any national election around the world in recent history. (The largest database of turnouts is maintained by the International Institute for Democracy and Electoral Assistance, which contains only a few examples of voters staying away from the polls on such a scale.)

Afghanistan is a divided country, with all major urban zones under the central government’s control and a large portion of the countryside in the hands of the Taliban insurgency.

The turnout figures are likely to be weaker still when considered as a percentage of the eligible electorate. Registration efforts have had disappointing results, capturing only about half of the voting-age population. Approximately half of Afghanistan’s estimated population of about 35 million is eighteen or older and therefore eligible to vote. (Afghanistan has never had a complete census, so these figures are not precise and total population estimates vary by several million.)

Why was participation so low?

Afghanistan is a divided country, with all major urban zones under the central government’s control and a large portion of the countryside in the hands of the Taliban insurgency. The Taliban – who regard the Afghan government as a U.S. puppet and therefore see presidential elections as illegitimate – threatened to disrupt the polls violently and pressed their supporters to boycott. After reports of low turnout emerged, the Taliban issued a statement thanking Afghans for shunning a “staged” process. Election authorities kept almost a third of polling centres closed, attributing their decision to security concerns. Voter frustrations with politicians and apathy might have been factors as well.

The Afghan government blamed Taliban violence for keeping Afghans from reaching the polls, and to some extent this may have been the case. A New York Times tally suggested that casualties on election day so far appear to be roughly in keeping with recent daily averages for the war, which ranks as the deadliest armed conflict in the world (measured by people killed directly in fighting). Although there were no mass-casualty incidents, the Afghanistan Analysts Network has so far counted about 400 smaller attacks that appear to reflect a pattern of voter intimidation by the Taliban. A burst of gunfire or a few mortars landing near a polling station appeared to be sufficient in many places to dampen enthusiasm for the process. Although Afghan security forces were deployed in large numbers to secure the voting process, the Taliban probably could have done more both to disrupt the polls and to inflict greater casualties if the group had decided to mount full-throttled attacks on polling sites – along the lines, for example, of the 17 September Taliban suicide attack at a Ghani campaign rally that killed 26 people.

What does the election mean for stability?

The election does not have immediate consequences for the likelihood of success of the on-and-off diplomacy to end the war, although it might affect its timing.

Elections are usually a slow burn in Afghanistan, as results trickle out, how well (or not) the electoral bodies performed becomes clearer and politicians size up their opportunities. Street demonstrations or other forms of instability can occur weeks or months after voting. That said, the risk of a serious disruption to Kabul politics appears somewhat lower than in 2014, as Abdullah’s ability to challenge an unfavourable result may be weaker. As in the 2014 election, Abdullah quickly declared himself the winner, flanked by prominent supporters at a 30 September press event. This time around, however, Abdullah was missing his biggest supporter from 2014: the former governor of Balkh province, Atta Noor, a wealthy northern power-broker whose coterie has voiced support for President Ghani in recent days. Ghani himself has not declared victory in public, but one of his senior aides in Kabul told Crisis Group that the Palace is confident of a first-round win, and his running mate, Amrullah Saleh, has said so publicly.

What does the election mean for the peace process?

The election does not have immediate consequences for the likelihood of success of the on-and-off diplomacy to end the war, although it might affect its timing, especially in the case of serious contestation over the results. But the key question for now is whether and when the U.S. intends to revive its own efforts to negotiate a settlement of the conflict, and in particular its talks with the Taliban.

The U.S. suspended the peace process in early September when President Donald Trump declined to move ahead with an initial U.S.-Taliban deal aimed at opening the way to broader talks among the Taliban, Afghan government and other Afghan power-brokers. The ball remains in Trump’s court: Taliban officials have told Crisis Group they are still open to resumption of the process. Senior Afghan officials said they would be willing to explore a diplomatic short-cut after the election process is completed, skipping the U.S.-Taliban deal and moving directly to intra-Afghan negotiations – but this has been a longstanding red line for the Taliban, who refuse to negotiate an Afghan political settlement without first resolving with the U.S. the question of foreign troop withdrawal. The Afghan government will be no better able to get the Taliban to erase that red line after the election, even if the announcement of results and reactions to them cause little or no political disturbance. Still, the Afghan government has renewed its commitment, at least rhetorically, to forging ahead with the peace process. On the day after the election, Ghani’s regional peace envoy Omar Daudzai tweeted optimistically that peace would be “accomplished within 2019”.

Contributors

Senior Analyst, Afghanistan
Senior Consultant, Afghanistan
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