VZCZCXRO9045
PP RUEHDBU RUEHPW
DE RUEHBUL #1043 1151535
ZNR UUUUU ZZH
P 251535Z APR 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 8608
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY

UNCLAS KABUL 001043 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM AF
SUBJECT: SUPREME COURT DECISION MAY HASTEN PUBLICATION OF 
MEDIA LAW 
 
REF: KABUL 913 
 
¶1. (U)  SUMMARY.  In a development that could open the path 
to gazetting the media law, the Supreme Court has sided with 
President Karzai's objection to a provision in the media law 
requiring the Lower House to confirm the president's pick to 
head state-run Radio and Television of Afghanistan (RTA).  In 
a letter to Karzai, the court wrote that the Lower House's 
effort to limit executive branch influence over RTA was 
unconstitutional.  The Parliament may dispute the Court's 
authority on this matter.  In the same letter, the court also 
announced that a Lower House effort to establish a separate 
body from the court to interpret the Constitution was also 
unconstitutional.  Post will transmit a translation of the 
court's letter septel.  End Summary. 
 
Court Strikes Down Provision on RTA Chief Requiring 
Parliamentary Approval 
---------- 
 
¶2. (U) In an April 25 letter to Karzai, the Supreme Court 
considered invalid a provision in the media law added by 
Parliament that would have required legislative approval for 
the president's choice to head RTA to win approval from the 
Lower House.  Karzai has held up publication of the media law 
in the government's official gazette, claiming he wanted the 
court to review the law for constitutionality (reftel).  He 
only formally asked the court to do so last week.  MPs argued 
that the law should have gone into force immediately after 
the Lower House overrode Karzai's veto last September. 
 
¶3. (U) The future of the media law now rests with Karzai and 
the Cabinet.  Government officials contacted by the Embassy 
on Saturday were unsure whether the Palace would return the 
law to Parliament for another vote or whether Karzai would 
instruct the Ministry of Justice to publish the law minus the 
disputed provision in the official legal gazette. 
Journalists and media freedom activists were waiting to see 
the text of the court's letter, which is not yet public, 
before issuing a reaction. 
 
¶4. (U) The court's second advisory opinion, that the Lower 
House's desire to establish a separate judicial body for 
interpreting the Constitution was also unconstitutional, 
deals a blow to many opposition politicians' efforts to 
extricate the Supreme Court from ruling on constitutional 
disputes between the executive and legislative branches.  In 
practice, the court has almost always sided with Karzai.  The 
court's opinion clears the way for the establishment of the 
Independent Commission for Supervision of the Implementation 
of the Constitution, called for in Article 157 of the 
Constitution, to go forward.  The opinion goes against the 
objective of Lower House MPs, who had wanted this commission 
to interpret and rule on constitutional issues (instead of 
the Supreme Court). Instead, the opinion backs Karzai's 
position that the commission's vague purpose to "supervise 
the implementation of the Constitution" does not include 
legal interpretation. 
 
Clearer Path for Publication of Law 
---------- 
 
¶5. (SBU) The Karzai-Parliament dispute held up publication of 
the media law for more than eight months.  Today's decision 
could clear the way for publication of the law in the 
gazette, despite ongoing constitutional disputes.  Many 
opposition politicians and journalists strongly believed 
confirmation of the RTA chief by the Lower House would help 
assure the state-run media's impartiality during election 
campaigns.  However, in reality that provision would have had 
little impact on this year's election.  Had the RTA chief 
required a confirmation vote, Karzai could have stalled a 
vote until after Parliament's June-July recess.  Even if he 
felt compelled to put his choice up for confirmation earlier 
and lost that vote, Karzai would likely have kept his choice 
in office in spite of a failed vote in Parliament (Karzai has 
kept three current Cabinet ministers in office despite 
failing confirmation or impeachment votes, much to the Lower 
House's annoyance).  Given that reality, we will continue to 
press for quick publication of the law in the gazette, 
accepting that the remaining provisions improve the overall 
protection for both independent and state-run media in 
Afghanistan. 
RICCIARDONE