VZCZCXRO3910
PP RUEHDBU RUEHPW
DE RUEHBUL #0993/01 1100859
ZNR UUUUU ZZH
P 200859Z APR 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 8533
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 KABUL 000993 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM PGOV AF
SUBJECT: THE ECC: STILL COMING TOGETHER 
 
¶1.  (U) SUMMARY:  The fledgling Electoral Complaints 
Commission (ECC) is scrambling to meet its first 
responsibility, the May 26 kick off of the candidate 
challenge period.  As the arbitrator determining candidate 
qualifications and sanctions for electoral offenses, the 
ECC's safeguards will substantially impact the level playing 
field.  The five-member commission is still awaiting the 
arrival of two international commissioners. The ECC must work 
quickly to establish itself as an independent, transparent 
and just mechanism for adjudicating challenges and complaints 
against candidates before it dissolves 30 days after the 
certification of election results.  After staffing, 
logistics, and security, the ECC's next challenge is reaching 
the Afghan public.  END SUMMARY. 
 
GETTING STARTED...AT LAST 
-------------------------- 
 
¶2.  (U) Article 52 of the Afghan Electoral Law dictates the 
ECC's composition as: a member appointed by the Supreme 
Court; a member appointed by the Afghan Independent Human 
Rights Commission (AIHRC); and three international members 
appointed by the Special Representative of the Secretary 
General(SRSG).  On April 4, after delaying for several weeks, 
SRSG Kai Eide formed the commission by naming the three 
international members: Grant Kippen, Scott Worden and Maarten 
Halff (bio information septel).  Contracts with the UN remain 
unsigned by some of the international commissioners and 
salary negotiations are reportedly contentious. The 
appropriate Afghan institutions have already nominated the 
two national commissioners: Ahmad Fahim Hakin, deputy chair 
of the AIHRC; and Mawlawi Mohammad Mustafa Barakzai, head of 
the Documents Department of the Supreme Court. 
 
 
¶3.  (U) Timely establishment of the ECC's provincial 
structure is critical for safeguarding the process throughout 
the country and enhancing the public perception of 
credibility for the complaints process. Grant Kippen told 
Emboffs that he thought staffing would be sufficient to 
actively initiate investigations.  Thirty-four provincial 
offices and around 50 Kabul-based employees will support the 
commissioners.  In all 34 provinces, a community leader, an 
attorney and an investigator will comprise the Provincial 
Complaints Commission (PCC), supported by administrative 
staff.  In eight of those provinces, the ECC will establish 
an additional four-person legal and investigative regional 
support team, to include two lawyers, two investigators and 
additional support personnel.  These teams would provide 
complaints-related support in the home and adjoining 
provinces.  Only local nationals will work at the provincial 
level.  The ECC has requested the Attorney General's Office, 
AIHRC, and the Ministry of Justice (MOJ) second appropriate 
professionals and is also advertising for additional staff 
through the Afghan Bar Association.  In total, the ECC must 
fill approximately 280 positions in Kabul and the provinces. 
 
SOME PROGRESS... 
---------------- 
 
¶4.  (SBU) The ECC is seeking creative ways to meet its 
staffing challenges.  UNDP will contract for 13 Kabul-based 
international staff, and the ECC is actively seeking 
potential qualified Afghans to fill its many national 
vacancies.  While maintaining independence from the IEC, the 
ECC is using the constructive relationship between the two 
organizations to coordinate with the IEC to supplement their 
personnel.  For instance, to provide additional time for 
hiring and training ECC staff, the IEC's external relations 
officers will accept the challenge documents in the provinces 
during the May 16-21 challenge period.  The ECC is also 
leveraging a small public outreach staff through coordination 
with the IEC, allowing the ECC expanded outreach capability. 
The ECC plans to proactively start investigations into 
publicly known electoral offenses and Grant Kippen welcomed 
UNAMA provincial offices' reporting on possible offenses 
known to the international community.  Looking to 2010 and 
beyond, there are clear long-term public benefits to 
developing a pool of qualified, experienced professional from 
which to draw for legal and election staffing. 
 
 
LOGISTICS, SECURITY KEY 
----------------------- 
 
¶5.  (U) The ECC is currently operating its Kabul headquarters 
out of a one-room, temporary office.  The future office has 
been leased and furnished by UNDP and is undergoing security 
upgrades to comply with the UN's minimum operational security 
standards.  With procurement ongoing, mid-May is the earliest 
estimated move-in, leaving little time to settle in before 
the campaign challenge period.  Locating provincial offices 
 
KABUL 00000993  002 OF 002 
 
 
remains an issue.  To build on existing infrastructure, the 
ECC is requesting space in provincial offices of other 
government agencies.  This may reduce costs, a benefit for 
the ECC's approximately USD 13M budget, and could decrease 
time needed for move-in of ECC officials.  We do not 
anticipate a detrimental effect on the complaints process, as 
co-located ECC offices will make the most out of limited 
provincial infrastructure, yet remain independent of the 
agency housing them. 
 
¶6.  (SBU) Comissioner Grant Kippen and MOI Atmar met last 
week to discuss ECC security.  The Minister acknowledged the 
need for ECC security, but did not commit to specifics.  As 
follow-up, the ECC is drafting a letter to the MOI formally 
requesting security support.  The ECC is also considering 
options for Kabul HQ security, including the possibility of 
contracting Private Security Companies (PSC).  The present 
ECC budget has no funds for PSC security. 
 
AHEAD: REACHING OUT TO AFGHANS 
------------------------------ 
 
¶7.  (U) Through the ECC, all stakeholders - candidates and 
voters alike - should have a voice.  Now the ECC must make 
its work and procedures known to its constituency, the Afghan 
public.  The national commissioners are considering 
provincial travel as a confidence building public outreach 
mechanism.  Public perception of the ECC's credibility will 
depend on success in public outreach and civic education. 
Filing a challenge is simple, but ensuring public 
understanding of the process and confidence in the ECC poses 
a greater dilemma.  Afghans must understand the adjudication 
process, which will occur at the PCCs when possible.  For 
some cases, adjudication may require consideration in Kabul 
depending on the nature of the challenge and security for the 
PCC members. 
RICCIARDONE