VZCZCXRO9933
OO RUEHDBU RUEHPW
DE RUEHBUL #0866/01 0951328
ZNR UUUUU ZZH
O 051328Z APR 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8260
INFO RUCNAFG/AFGHANISTAN COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 02 KABUL 000866 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV AF
SUBJECT: MAJORITY OF MPS SUPPORT COURT STATEMENT ON 
KARZAI'S INTERIM AUTHORITY 
 
¶1. (SBU) SUMMARY.  A majority of MPs in both houses of 
Parliament voiced support for the Supreme Court's March 31 
statement backing President Karzai's remaining in office 
following the May 22 constitutional expiration of his term. 
An overwhelming number of Upper House MPs and a majority of 
Lower House MPs supported Karzai remaining in office, though 
there were no official resolutions because neither chamber 
had a quorum in sessions early this week.  Negative comments 
were more prevalent in the Lower House, where a sizable 
minority continues to object to Karzai remaining in office 
after his term ends.  Leaders of both houses - Upper House 
Speaker Sebghatullah Mojaddedi and Lower House Speaker Yunus 
Qanooni - were out of the country and did not participate in 
the debates, though Mojaddedi told fellow MPs by phone that 
he supported the Court's statement. 
 
Upper House Overwhelmingly Backs Karzai, Supreme Court 
---------- 
 
¶2. (SBU) Upper House MPs were nearly unanimous in support of 
a March 31 Supreme Court statement backing Karzai's right to 
remain in office after the May 22 constitutional expiration 
of his term, and through to the inauguration of the next 
president.  The house lacked a quorum due to poor attendance, 
but observers estimated 90 percent of senators present 
supported the Supreme Court statement.  Those voicing 
support, including Deputy Speaker Hamed Gailani (Paktia, 
Pashtun) and Deputy Secretary Abdul Husseini (Laghman, 
Pashtun), said the government needed to have strong 
leadership during the summer months, when Taliban and other 
insurgent groups were at their strongest.  Gailani reversed 
his earlier position of  seating a caretaker government, led 
by Mojaddedi or another consensus choice.  Opponents of the 
Court's statement, as well as some supporters, voiced concern 
that Karzai would unduly exploit the advantages of incumbency 
for his re-election campaign. 
 
¶3. (SBU) Mojaddedi, in Turkey for medical treatment, called 
MPs and spoke with a BBC Pashto reporter to voice his support 
for the decision.  In his statement to the press, Mojaddedi 
requested "all political, legal, and social organizations to 
support the Supreme Court statement."  The comments mark a 
reversal from Mojaddedi's privately stated desire to serve as 
caretaker president, a role he took on in 1992 and, by many 
accounts, with which he had great difficulty. 
 
Lower House Largely Supportive, But Dissenters Vocal 
---------- 
 
¶4. (SBU) Although a majority of Lower House MPs appeared to 
back the Supreme Court's statement, opposition was more vocal 
than in the Upper House.  As in the Upper House, a lack of a 
quorum forestalled an official vote on the court's action. 
Speaker Qanooni, a leading critic of Karzai staying on after 
May 22, was also not present, minimizing his influence in the 
debate. 
 
¶5. (SBU) Supporters included MP Sayed Mohabat Shah Kashani 
(Badakhshan, Tajik), who said any other choice to lead the 
country during the interim period would lead to more problems 
than keeping Karzai on.  MP Mohammad Aref Noorzai (Kandahar, 
Pashtun) said alternatives to Karzai were equally 
unconstitutional, as there was no legal authority for a 
caretaker government to assume power.  MP Roshanak Wardak 
(Wardak, Pashtun) said Karzai had been elected by the people, 
and thus had more claim to interim authority than an 
appointed caretaker. 
 
¶6. (SBU) Opponents included several long-time Karzai critics, 
many with connections to Qanooni's United Front bloc.  MP 
Alam Sahee (Takhar, Uzbek) said the Supreme Court's finding 
had no legal bearing, as it was only a statement and not an 
official legal decree.  Thus, it had the same weight as the 
Lower House's earlier non-binding resolution opposing Karzai 
remaining in office beyond his legal term.  MP Fazel Karim 
Aimaq (Kunduz, Tajik) accused the Supreme Court of being 
biased toward Karzai and incapable of making an impartial 
decision.  MP Fazlullah Mojaddedi (Logar, Tajik, and not a 
close relation to the Upper House speaker) was the only MP to 
call for public protests of the court's decision. 
 
Positive Development for Stability 
---------- 
 
¶7. (SBU) The generally positive comments from legislators 
this week should temper the political climate as we get 
closer to May 22.  Although it is unlikely the Lower House 
will weigh in with official support for Karzai's interim 
authority, it's also unlikely either house will pass a 
resolution opposing the court's statement.  Qanooni may yet 
have a few cards to play, and could seek to draw out 
 
KABUL 00000866  002 OF 002 
 
 
parliamentary debate and keep negative comments regarding the 
president's authority in the media.  Still, Parliament's 
reaction this week to the court statement gives us some hope 
for reduced likelihood of organized protests and violence of 
Karzai's authority over the summer. 
RICCIARDONE