The Complexities Of Democracy In Afghanistan: Electing Representatives In A Transitional State

Afghanistan has held democratic elections throughout the 20th century, but the country's political continuity has been disrupted by changes in the political regime. The Constitution of the Islamic Republic of Afghanistan (2004) states that its citizens have the right to elect and be elected, and that members of the House of People shall be elected by the people through free, general, secret, and direct balloting. The President is elected by absolute majority vote through a two-round system to serve a 5-year term. However, the Taliban's rise to power in 2021 has thrown the country's democratic future into doubt, with all political parties being banned since August 2023.

Afghanistan's history of democratic elections

Afghanistan has a history of democratic elections, albeit one that has been severely limited and characterised by short, unstable historical periods since the formation of the contemporary state of Afghanistan in the 20th century.

The first elements of a democratic government in the country began to emerge under the leadership of Ghazi Amanullah Khan, who ruled first as the Emir of the Emirate of Afghanistan and later as the first King of the Kingdom of Afghanistan. Amanullah instituted a number of political reforms modelled on the Western democratic model, including drafting the country's first constitution, which was approved and ratified by 872 tribal elders and government officials in 1922. One of the most notable elements of this constitution was Article 16, which entitled all Afghan citizens equal rights and freedoms.

Under Amanullah's rule, new co-educational schools were formed in many regions, and the strict Sharia-based dress codes for women that had existed for centuries were overturned. However, these social reforms led to a revolt by conservative Islamists in the country, leading to the imposition of rule by Habibullāh Kalakāni, leader of the "Saqqawists" opposition movement, in 1929. Kalakani's rule lasted only nine months before he was replaced by exiled general Nadir Khan. After his rise to power, Nadir abandoned most of Amanullah's reforms, although his son and successor, King Mohammad Zahir Shah, made a more gradual program of reform.

It wasn't until 1964 that major democratic reforms were reinstituted, with King Zahir Shah promulgating a new liberal constitution creating a bicameral national legislature. Political parties began to form, although none of these reforms were lasting after Zahir Shah's removal from power in 1973 and the formation of an autocratic Afghanistan republic.

The country experienced increasingly severe democratic backsliding from 1973 onwards, eventually falling under the undemocratic, religiously conservative Taliban rule in 1996. Democracy was reintroduced following the U.S.-led invasion of Afghanistan in 2001, where an Islamic Republic with a president and a relatively liberal constitution was reinstated.

In 2004, Afghanistan held its first democratic experiment with a nationwide election with international, independent observers. Hamid Karzai was elected president, winning 55% of the vote. Karzai was later reelected in 2009, although this election was hampered by significant flaws, including a lack of security, low voter turnout, and widespread electoral fraud.

The next presidential election was held in 2014, with Ashraf Ghani elected as Karzai's successor. Ghani was re-elected in 2019, although this election was also marred by allegations of fraud and a voter turnout of less than 20%.

The Islamic Republic of Afghanistan was overthrown by the Taliban in 2021, and modern-day Afghanistan has again experienced democratic backsliding under the leadership of the Taliban.

Qualifications to run for president

Afghanistan elects its president through a two-round voting system. If no candidate receives more than half of the votes in the first round, a second round is held between the top two candidates.

The qualifications to run for president of Afghanistan are outlined in Article 62 of the 2004 Constitution of Afghanistan. A candidate for the office of President must:

• Be a Muslim citizen of Afghanistan, born of Afghan parents.
• Not be a citizen of another country.
• Be at least 40 years old when declaring their candidacy.
• Not have been convicted of crimes against humanity, a criminal act, or had their civil rights revoked by a court.
• Not have previously served more than two terms as president.

The voting process

Afghanistan has held democratic elections throughout the 20th century, but the voting process has been disrupted by changes in the political regime. The most recent elections took place under the Islamic Republic of Afghanistan, which was overthrown by the Taliban in August 2021. The Taliban dissolved the Elections Commission in December 2021, and as of May 2022, it is unclear whether they will hold elections in the future.

The Constitution of the Islamic Republic of Afghanistan (2004) outlines the right of citizens to elect and be elected. It also establishes the conditions for voting and holding office. The President of Afghanistan is elected by absolute majority vote through a two-round system to serve a 5-year term. If no candidate receives a majority of the votes in the first round, a runoff election is held between the two candidates with the most votes.

The National Assembly of Afghanistan is a bicameral legislature consisting of the House of Elders (Meshrano Jirga) and the House of People (Wolesi Jirga). The House of Elders has 102 seats, with 34 members elected by regional legislatures to serve 4-year terms, 34 members elected to serve 3-year terms, and 34 members appointed by the President to serve 5-year terms. The House of People has 249 members, who are elected by a single non-transferable vote to serve 5-year terms.

To vote in Afghanistan, an individual must be at least 18 years old, hold Afghan citizenship, not be deprived of any political or civil rights by a court, and be registered on the voters' registration list.

The role of international observers

International observers play a crucial role in Afghanistan's elections. They increase the transparency and credibility of the electoral process by publicising electoral fraud and malpractice. However, their work is often hindered by security concerns and intimidation from those with a stake in the election.

International observers have been a feature of Afghanistan's elections since at least 2004. In the 2014 elections, for example, international observers were present at several polling stations in Kabul. They documented the voting and counting processes, and contrasted the atmosphere with that of the presidential and provincial elections held on April 5, 2014.

However, the presence of international observers in Afghanistan's elections has been declining. In the 2014 elections, the Asia Foundation and the National Democratic Institute (NDI) pulled out of the country, and the number of international observers was less than in previous elections. This was due to security concerns following a series of attacks on foreign targets and the election commission. The NDI, for example, evacuated its foreign employees after one of its international monitors was killed in an attack on the Serena Hotel.

The absence of international observers can have a detrimental effect on the legitimacy of elections. Observers can prevent candidates from scheming, defrauding, and stealing votes. Without their presence, there may be no one to hold candidates accountable for their actions.

Despite the risks, some international organisations have continued to send observers to Afghanistan's elections. In the 2014 elections, for instance, the European Union sent a monitoring mission. The United Nations also kept a full complement of election experts and technicians in the country, although they operated under severe security restrictions.

The presence of international observers in Afghanistan's elections is important for several reasons. Firstly, it demonstrates the interest of the international community in the development of a democratic political process and governance in Afghanistan. Secondly, it helps to ensure free and fair elections, which are a minimum requirement for international donors. If elections are not perceived as fair, donor countries may reduce or stop sending aid to Afghanistan. Finally, international observers can provide valuable expertise and assistance to the election commission and other electoral bodies.

The impact of the Taliban on elections

Afghanistan has a history of democratic elections throughout the 20th century, but the country's electoral institutions have been disrupted by changes in the political regime. The Taliban's impact on elections in Afghanistan has been significant, and their influence has had both direct and indirect effects on the country's electoral processes.

The Taliban, who control large parts of Afghanistan, have consistently opposed elections, deeming them "un-Islamic". They have actively discouraged people from participating in elections and have even threatened violence against those who do. In the lead-up to the 2010 parliamentary elections, for instance, the Taliban intimidated villagers in certain areas from voting, going so far as to threaten to cut off the fingers of anyone marked with the indelible ink used to prevent multiple voting. They have also carried out attacks to disrupt elections, targeting government forces, local officials, and voters. In 2008, the Taliban initiated around 400 attacks per week, and their insurgency has only grown stronger since then.

The Taliban's resurgence has posed a significant challenge to holding free and fair elections in Afghanistan. Their opposition to democratic processes has resulted in violence and intimidation tactics that have made it difficult for many Afghans to participate in elections safely. This has led to lower voter turnout and has undermined the legitimacy of the electoral process.

In addition to direct threats and attacks, the Taliban have also influenced elections indirectly by contributing to the overall insecurity and instability in the country. This has made it challenging to organise and conduct elections, especially in rural and remote areas. The presence of international peacekeeping forces has been necessary to enhance the security of the electoral process, but even with this support, elections in Afghanistan have often been marred by a lack of security, violence, and fraud.

Despite the Taliban's efforts to disrupt elections, there have been instances where they have allowed local-level elections to take place, such as the election of neighbourhood representatives in Kabul in 2022. However, these elections are seen as exceptions and are not indicative of a broader shift in the Taliban's approach to governance, which remains autocratic and totalitarian.

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