VZCZCXRO7956
PP RUEHDBU RUEHPW RUEHSL
DE RUEHBUL #1655/01 1751359
ZNR UUUUU ZZH
P 241359Z JUN 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 9700
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 KABUL 001655 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM PREL AF
SUBJECT: ENSURING CREDIBLE ELECTIONS: MEDIA LAW AND 
NON-INTERFERENCE 
 
REF: A. SECSTATE 62422 
     ¶B. KABUL 1558 
     ¶C. KABUL 1299 
     ¶D. KABUL 1565 
     ¶E. KABUL 1636 
 
¶1.  This is the third in a series of cables updating and 
providing additional details on Embassy plans and efforts for 
the Afghan presidential and provincial council elections, per 
the request in ref A.  This cable addresses the issues of the 
Media Law and implementation of the May 22 presidential 
decree on non-interference. 
 
 
-------------------------------- 
Ongoing Efforts on the Media Law 
-------------------------------- 
 
¶2.  We have and continue to urge the highest levels of the 
Afghan government to gazette the Media Law.  Per ref B, on 
June 7, the Ambassador inquired about the Media Law's  status 
of Afghan Chief Justice Azimi, urging prompt action.  We 
believe the law will not move forward without external 
pressure.  We believe that some incentive or consequence is 
necessary to force Karzai to enforce the law.  Otherwise 
Karzai's posture of unfulfilled promises to move quickly on 
gazetting the law could last through the election season. 
 
------------------------------------------- 
Ways forward on monitoring non-interference 
------------------------------------------- 
 
¶3.   Several documents issued by the Afghan government and 
the international community define the range of acceptable 
activities for candidates in the August presidential and 
provincial council elections.  On May 22, President Karzai 
published a decree prohibiting official interference in the 
election process.  The decree came after continued lobbying 
by the Embassy and the international community (ref C).  The 
Independent Electoral Commission (IEC) has separately issued 
an IEC regulation on non-usage of government resources to 
prevent influencing the campaign process and a code of 
conduct for candidates for candidates and political parties. 
On June 15, UNAMA SRSG Kai Eide issued a statement calling on 
candidates to campaign with dignity and fairness and 
highlighting UNAMA's candidate guidelines that establish 
acceptable activities for candidates (ref D).  This statement 
was echoed by statements from the European Union and the UK. 
 
¶4.  Our challenge is to monitor the application of the 
decrees and regulations, to promote fairness during the 
campaign season.  To that end, we are engaged in a number of 
activities: 
 
- Pressing the Afghan government to comply with the 
Presidential decree is a top priority.  The Embassy will 
continue to raise the decree with top Afghan policy makers at 
every opportunity to urge compliance with the decree. 
 
- We will urge Karzai to publicize the decree by publicly 
calling on high level GIRoA officials to ensure compliance of 
non-government interference.  We will urge ministers and 
governors to push the message through the ranks of their 
organizations. 
 
- We are coordinating with other members of the international 
community to track reported occurrences of violations by 
candidates or their supporters.  If sufficient credible 
evidence is available, and the ECC is not taking fast or 
serious action, we will raise the issue with the highest 
levels of the Afghan government and urge public condemnation 
of such activities. 
 
- In the May 22 joint civil-military guidance issued by 
Ambassador Ricciardone and GEN. McKiernan, we asked all USG 
personnel at PRTs to prevent undue partiality by officials as 
a core precept.  The guidance also asked PRT officials to 
report violations of candidate conduct back to the Embassy. 
To support the May 22 guidance, by June 29 we will issue to 
all civilians in the field a set of frequently asked 
questions on reporting and responding to electoral 
irregularities. 
 
- The Electoral Complaints Commission (ECC) is the official 
and independent Afghan entity with primary responsibility for 
reviewing and adjudicating complaints about violations of the 
electoral law and challenges against candidates.  Supporting 
the ECC will help strengthen its capacity and provide a 
domestic mechanism to enforce the regulations on candidate 
activities.  Providing privately-contracted security for ECC 
provincial offices will substantially improve the ECC's 
ability to act as a safeguard to the electoral process.  We 
 
KABUL 00001655  002 OF 002 
 
 
request you approve and identify a funding source to support 
this activity. 
 
¶5.  On June 20, Ambassador Eikenberry launched a series of 
one-on-one meetings with serious opposition candidates to 
emphasize that the United States does not favor or oppose any 
legitimate candidate.  The meetings included press 
opportunities that addressed the importance of issues-based 
campaigning.  On June 29, the Embassy will host a reception 
to which all presidential candidates are invited, to 
demonstrate impartiality and allow an opportunity for equal 
access. 
 
¶6.  Strengthening the Afghan institutions that monitor and 
enforce fairness and transparency in the electoral process is 
an important long-term step.  We have requested funding for 
(ref E) and will provide public support to the ECC.  We are 
also examining ways to provide additional financial 
assistance to the Electoral Media Commission to enhance its 
ability to provide media monitoring.  We will report septel 
on these activities. 
EIKENBERRY