Don't mention the veto

Don't mention the veto

In recent days, a deal has finally done between the international community and the Karzai government on the forthcoming parliamentary elections.

The agreement means a clash between parliament, the president and the international powers has been avoided - for now.

Part of the framework for the parliamentary elections, due to be held on September 18th, has been finalised. It goes some way to clarify the rules for this year's poll.

Earlier in the year, the Afghan president had issued a binding decree, which angered both the international community and many Afghan MPs.

It appeared to remove the three international members of the five-person Election Complaints Commission, in effect the "court of appeal" for the electoral process.

Audit of votes

It was this body, and in particular its international members, led by Canadian chairman Grant Kippen, that forced an audit of votes and a partial recount after discovering widespread fraud in last year's Presidential election.

Now, following heavy pressure from Western nations, President Karzai has backed down.

New UN Special Representative, Staffan di Mistura, managed to resurrect much of an agreement that his predecessor Kai Eide had made with the Afghan leader earlier in the year, but which was never made public.

The ECC will now have three Afghan members, and two members, appointed by the UN.

Non-Western figures

In selecting these two international members, di Mistura has cleverly chosen two non-Western figures: an Iraqi and a South African, both of whom have extensive experience in electoral procedure.

The commission will vote on any of its decisions, but its rulings will not be binding if both of the international members vote against them.

Both the Afghan government and the UN, however, are shying away from using the word "veto".

One international diplomat told me: "Karzai would not agree to a veto. What has been agreed amounts to a veto, but it is not being called one."

At his news conference, Special Representative di Mistura said: "I would appreciate not using the word 'veto'. I want to respect the dignity and the honour and the sensitivity of Afghanistan and the Afghan people. We are talking about endorsement of decisions."

Presidential spokesman, Waheed Omer, at an earlier news conference spoke of ECC decisions not being valid, if the international members were "not present".

The V-word

Later, when away from the cameras, Mr Omer clarified his comments, confirming that both international commissioners could block any ruling if they voted against it. Again he did not use the "V-word".

Another key part of the deal that has been reached is the replacement of chairman of the Independent Election Commission, the body that runs the election.

Professor Azizullah Ludin was criticised repeatedly by Karzai's main challenger last year, Abdullah Abdullah. Many MPs have also accused him of being "far from independent".

Karzai has now replaced him with an academic, and Islamic scholar, Fazel Ahmad Manawi, who was already a member of the IEC board.

The new deal is a major step forward, breaking the deadlock.

But there are still many issues to be resolved.

Women's representation

The constitution of Afghanistan says the women of the country must be fairly represented in parliament's lower house, the Wolesi Jirga.

In the 2005 elections, a number of seats in each province were reserved for women. A mechanism for women's representation this year is still under discussion. This remains a possible area of dispute in the coming weeks.

Mr Manawi, the new IEC chairman was finally appointed, two days after the registration of candidates should have started.

It will be a real challenge to stage these elections on time. One problem is that the international funding is not yet in place - and the UN has now appealed for contributions from donor countries.

UN confident

I am told delaying polling day is still under discussion behind the scenes.

But publicly the UN remains confident that the timetable is achievable.

Mr di Mistura told me: "My feeling is that everything is ready for moving towards 18 September."

Some observers also question whether the new deal has a legal basis. I am told, because of time pressure, there is little likelihood of a new electoral law or a Presidential decree.

The rules for next election, it seems then, are based simply on a verbal agreement between Hamid Karzai, and the international community.