By Michael E. Sanchez
Impunity Watch Reporter, Asia 

KABUL, Afghanistan- In his first comments since Hamid Karzai was declared to have won the fraud-hit election, former Afghan presidential candidate Abdullah Abdullah said Karzai’s reelection is “illegal” and his government a failure.  Abdullah told reporters in Kabul that Karzai’s government would lack the legitimacy needed to deal with problems such as checking corruption and fend off the Taliban. 

Article 21 of the United Nations Universal Declaration of Human Rights states that, “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.”  This article also declares, “The will of the people shall be the basis of the authority of government, this will shall be expressed in periodic and genuine election which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

President Karzai was declared the winner after Abdullah withdrew from a run-off election on Monday saying the vote would not be free or fair.  He contended that he was not quitting as a concession, but because he could not trust the process.

The scrapped run-off vote was originally planned for this weekend.  President Karzai agreed to the run off after hundreds of thousands of votes from the 20 August first round were discounted because of widespread fraud.  An investigation by the Electoral Complaints Commission revealed that President Karzai’s share of the vote dropped to 49.67%, below the required 50% plus one vote threshold needed to avoid a run-off.

Because the fraud which occurred in the August round affected the ability of the Afghan people to freely elect their representatives, their right to vote was diminished.  The reelection of President Karzai could be considered as not being genuine as Abdullah has alluded to since some of the population’s votes were not counted.

Abdullah said the decision of the Afghan Independent Election Commission (IEC) not to have a run-off had “no legal basis”.  “Such a government which lacks legitimacy cannot fight corruption…A government which comes to power without the people’s support cannot fight the phenomena of terrorism threats, unemployment, poverty and hundreds of other problems,” he told reporters.

He said the election commission, which critics believed was biased towards Karzai, had exceeded its mandate.  Critics have called Karzai’s victory unconstitutional since he did not secure more than half of the vote.

Although his words were sharp, Mr. Abdullah said that he saw the flawed Aug. 20 election as finished and that he did not plan to continue his efforts to challenge the results.  He said “The process has completed itself with that final illegal decision,” referring to the IEC.  “I leave it to the people of Afghanistan to judge.”

The former foreign minister has urged his backers to remain peaceful.  He also called on his supporters to show restraint and not do anything illegal to oppose the government.  Karzai has promised his new administration will be inclusive, but Abdullah has ruled out playing a role in the administration, despite pressure for a unity government.  “I have no interest in the future cabinet of Karzai’s government and I will pursue my agenda, which is change,” he told the news conference. 

This crisis has delayed decisions by the US and NATO partners on sending more troops to fight the Taliban insurgency, in addition to paralyzing the Afghan government for months.

For more information, please see:

BBC News- Afghan Election Victory ‘Illegal’ – 4 November 2009

The New York Times- Karzai’s Top Rival Denounces Afganistan’s New Government– 4 November 2009

Examiner.Com- Karzai Opponent: Abdullah Abdullah Says Re-election Was Illegitimate– 5 November 2009

United Nations- The Universal Declaration of Human Rights