Our yet-to-grow democracy is picking maturity. For instance, the Electoral Complaints Commission (ECC) announced Thursday to refer cases of war crimes against some of the Vice Presidential and Provincial Council candidates to law courts. Now the courts will decide whether they can legally contest the upcoming polls or not. This is a truly commendable act and needs immense support to ensure war criminals will not get impunity and the chance to become leaders of the nation, a nation that is making desperate efforts to disown a darker past and build upon a brighter future. However, the authority only rests with judiciary to declare who is a war criminal and who is not. As a man until proven guilty in law court remains to be innocent therefore none could say who is a war criminal and who is not. Once litigations start against them and the courts give their verdicts, the candidates, whether declared innocent or guilty, should have to respect the verdicts. According to election officials, seven complaints on criminal cases have been filed against some of the candidates for vice presidential and provincial councils’ seats. The electoral complaints commission claims to have completed documents against them which will be referred to the Independent Election Commission (IEC). Delving back into the issue of war crimes, it’s easy to find that the final text of the Bonn Agreement contains no reference to transitional justice, except about the establishment of the Human Rights Commission, whose mandate was understood and clearer, though not stated, to include coping with abuses committed in the past as well as being committed currently. Albeit, the issue did figure in the debates, as the UN drafters had included a paragraph stating that the interim setup should decree no amnesty for war crimes or crimes against humanity. The work, that couldn’t be done immediately after the Afghan administration came into existence, is now taking place and none should think that it is character assassination of the candidates. There seems to be no ulterior motives of the ECC and IEC behind this move as they are not going to give any verdict on their own rather they refer the cases to judiciary. And the judiciary has the authority to issue judgment over the issue.
Though some Afghan political affairs pundits have expressed reservations over the move, but majority holds a different opinion and supports the development. Those who objected over the development say the timing is controversial. They also say that it will harm democracy in the country. The development doesn’t seem to be springing out of blue, rather preparations have been well underway for months. If the judicial organs are prompt in response, they would deal with the cases right before the April polls. As these elections are considered to be the most crucial in Afghan history, therefore they should be different from the ones held in the past. Those who oppose the ECC’s move should rethink their views whether blanketing law is against democracy, or a mature democracy nourishes under good governance and rule of law. If a few candidates are barred from contesting, a few criminals will be legally restrained from becoming leaders of the nation. It will also block the way of politics of polarization as too many candidates in the field means polarizing the vote bank.
Saturday, January 4, 2014
Afghanistan: Candidates and crime cases: democracy picking maturity
Our yet-to-grow democracy is picking maturity. For instance, the Electoral Complaints Commission (ECC) announced Thursday to refer cases of war crimes against some of the Vice Presidential and Provincial Council candidates to law courts. Now the courts will decide whether they can legally contest the upcoming polls or not. This is a truly commendable act and needs immense support to ensure war criminals will not get impunity and the chance to become leaders of the nation, a nation that is making desperate efforts to disown a darker past and build upon a brighter future. However, the authority only rests with judiciary to declare who is a war criminal and who is not. As a man until proven guilty in law court remains to be innocent therefore none could say who is a war criminal and who is not. Once litigations start against them and the courts give their verdicts, the candidates, whether declared innocent or guilty, should have to respect the verdicts. According to election officials, seven complaints on criminal cases have been filed against some of the candidates for vice presidential and provincial councils’ seats. The electoral complaints commission claims to have completed documents against them which will be referred to the Independent Election Commission (IEC). Delving back into the issue of war crimes, it’s easy to find that the final text of the Bonn Agreement contains no reference to transitional justice, except about the establishment of the Human Rights Commission, whose mandate was understood and clearer, though not stated, to include coping with abuses committed in the past as well as being committed currently. Albeit, the issue did figure in the debates, as the UN drafters had included a paragraph stating that the interim setup should decree no amnesty for war crimes or crimes against humanity. The work, that couldn’t be done immediately after the Afghan administration came into existence, is now taking place and none should think that it is character assassination of the candidates. There seems to be no ulterior motives of the ECC and IEC behind this move as they are not going to give any verdict on their own rather they refer the cases to judiciary. And the judiciary has the authority to issue judgment over the issue.
Though some Afghan political affairs pundits have expressed reservations over the move, but majority holds a different opinion and supports the development. Those who objected over the development say the timing is controversial. They also say that it will harm democracy in the country. The development doesn’t seem to be springing out of blue, rather preparations have been well underway for months. If the judicial organs are prompt in response, they would deal with the cases right before the April polls. As these elections are considered to be the most crucial in Afghan history, therefore they should be different from the ones held in the past. Those who oppose the ECC’s move should rethink their views whether blanketing law is against democracy, or a mature democracy nourishes under good governance and rule of law. If a few candidates are barred from contesting, a few criminals will be legally restrained from becoming leaders of the nation. It will also block the way of politics of polarization as too many candidates in the field means polarizing the vote bank.
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