Lawyers say putting Parliamentary Elections off violates Constitution

The Lawyers Union of Afghanistan (LUA) on Tuesday said that according to the Afghan constitution MPs are not allowed to continue representing the people after the 22^nd of June 2015.

Abdul Subhan Misbah Deputy of the LUA said,” If the new lawmakers do not start their job on the due dates, the current members of the House of Representatives will be illegitimate and against to the Constitution of Afghanistan”.

Article eighty-three of the Afghan Constitution has clearly noted.

“The work period of the House of People shall terminate, after the disclosure of the results of the elections, on the 1st of Saratan of the fifth year and the new parliament shall commence work. The elections for members of the House of People shall be held 30-60 days prior to the expiration of the term of the House of People.”

In addition, article forty-three of the Afghanistan’s Election Law says that “The Commission shall publish the Electoral Calendar at least 120 days before the Election Day”.

Now, the National Unity Government of Afghanistan says that the parliamentary elections will be put off for one year in order to bring fundamental electoral reforms in electoral laws and electoral systems.

However, electoral observer organizations believe that though it is illegal, but organizing another election without reforms is a big mistake.

Sughra Sadat a member of the Transparent Election Forum of Afghanistan (TEFA) said,” We have to look deep into this issue. There is no way other than putting the parliamentary elections back, because they did not bring the electoral reforms committed, the people are not willing to cast their votes anymore”.

Furthermore, MPs emphasize that there is no solution other than postponing the elections.

MP Nader Shah Baher said,” It is clear that the continuation of the House of Representatives is against the law after the period ended, but there are some obligations which require to set the election date back”.

“ If we could have complied with the Constitution, the unity government bases on political agreement was not formed. The government has violated the law; therefore, we are looking reforms to eliminate injustice,” Shekiba Hashimi a member of the parliament stated.

Recently, President Ghani tasked a Special Commission for fundamental reforms in the electoral system, but reports suggest disagreements over the structure and procedures of the commission between the government leaders.

Reported by: Hameed Sediqi