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NUG Presidential Election Interim Government

Feature: NUG, Presidential Election and Interim Government

After the postponement of presidential election from July to September, tensions have risen among a number of candidates. The presidential palace has welcomed this delay, but some electoral groups say that the tenure of the National Unity Government (NUG) ends on the first day of July, and an interim government is needed to prevent a vacuum.
Mohammad Hanif Atmar, a presidential candidate, says that the president, as per the Constitution of Afghanistan, does not have the legitimacy of continuing the government since July, and an interim government needs to be formed. This can help in attaining legitimacy of the government and election both and, at the same time, it can maintain the ‘rule of law’.
Mohammad Waizi, spokesperson for the Atmar’s office said that formation of an interim government as one of the priorities of the electoral campaign of peace and moderation as per the constitution of the country, not on the demands of external factors. He added, “The agreement reached between the leaders of the NUG, also clarified in the constitution, will end the president’s term on the 1st of July.” He further said if this constitutional requirement, now a national demand, is not accepted, people have the right to use any means available to them to make the government comply with the constitution.
The presidential palace, however, invites Atmar and his electoral team to ‘study the constitution properly’. Shah Hussain Mortazavi, the spokesperson for the president, said: “It is expected that Mr. Atmar will carefully read the constitution before he organizes any referendum on the election.” According to Mortazavi’s statement, the constitution states that the head of the government, the president’s tenure ‘ends after the presidential election’.
However, according to Article sixty of the constitution: “The duty of the president ends on the first day of the fifth year after the election.”
Meanwhile, Mohammad Aref Kiani, spokesperson for the security and justice electoral campaign headed by Rahmatullah Nabil, says the presidential election has been delayed by various pretexts on the basis of Article 60 of the Constitution. Mr. Kayani, in the context, says that the delay in the transfer of power is a clear violation of the constitution and said that the political elites and electoral partners have not yet come up with a clear solution to the government.
Meanwhile, a number of other electoral groups say they will clarify their position after a consultative Jirga. Earlier, several political parties had said that after first of July, discrepancies may erupt and turmoil may ensue, therefore, they believe that a transitional government should be formed and that the person in power should not be a presidential candidate.
However, law enforcement officials say that the formation of an interim government is not based on the Constitution. Abdul Ali Mohammadi, an expert on law issues and university professor, says that according to the constitution, on the first day of July, the work of the government is over and referendum through a “credible authority”, as referred in the constitution, should be established to prevent power vacuum. Mohammadi calls for the formation of a provisional government or a guardian government, subject to the authority of this “credible authority”, adding that “in accordance with Article 121 of the Constitution and based on the manner in which we have been in the past eighteen years, the General Assembly can be a credible authority”.
In the author’s opinion, the issue of the end of the work of the president on the 1st of July is a legal issue and his legitimacy is not justified in any way, but that the election commission cannot hold elections in time, this issue should be examined immensely and in the national level is decided for the country’s best interests, and it is necessary to discuss the issue of President’s tenure in July in the first place through a great national consensus, including all political institutions, parties and social groups.
(Sahar News)

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