Election Law - Iec .af
ش . ھـ ISLAMIC REPUBLICOFAFGHANISTANMINISTRY OF JUSTICEOFFICIALGAZETTEExtraordinaryIssueElection LawDate:25th SEPTEMBER .2016ISSUE NO :(1226)
25/09/2016Election LawIssue No. (1226)Election LawIssue No. 12260
25/09/2016Election LawIssue No. (1226)ELECTION LAWChapter OneGeneral ProvisionsBasisArticle 1:This law has been enacted pursuant to the provisions ofarticles 33 and 156 of the Constitution of Afghanistan.ObjectivesArticle 2:The objectives of this law are:1Regulating affairs related to the presidential,national assembly, provincial councils, district councils,villages councils, mayors, and municipality councilselections.2Paving the way for conducting free, general,secret, direct, fair and transparent elections.3Regulating requirements and qualifications of thevoters and candidates.4Determination of the electoral constituencies.5Regulating conduct of elections.6Regulating affairs related to the structure, duties,authorities and manner of operations of the IndependentElection Commission and the Electoral ComplaintsCommission.7Regulating affairs related to addressingtheobjections and complaints arising from the electoralnegligence, violations and related crimes.1
25/09/2016Election LawIssue No. (1226)Regulating affairs of referral to the general publicopinion.8-Abbreviated Names:Article 3:(1)The Independent Election Commission shallhereinafter be referred to as the Commission in this law.(2)The Electoral Complaints Commission shallhereinafter be referred to as the Complaints Commissionin this law.TerminologiesArticle 4:The following terminologies in this law shall have thefollowing meanings:1- Election: Is an operational process, for the election ofthe candidate or candidates in the elected seats,mentioned in the constitution of Afghanistan throughfree, general, secret and direct elections.2- Electoral Calendar: is a specific timeline for thepurpose of timely implementation of the electoralactivities in accordance to the constitution and thislaw.3- Electoral Constituency: is the area determined for theelection of candidates for the elected seats.4- Vote: is the will of a person, exercised for the purposeof election of his/her favorite candidate.2
25/09/2016Election LawIssue No. (1226)5- Voters List: is a list in which profile of the person’seligible to vote and the polling centers code arerecorded.6- Polling Center: is an area that the Commission hasdetermined for the purpose of polling and hasmultiple polling stations.7- Polling Station: is a place specified within the pollingcenter for the purpose of exercising the right to vote.8- Counting Center: is the polling station, whereimmediately after completion of the polling process,the votes of the voters are counted.9- Candidate: is the person, whose name shall beregistered in the final list of candidates for assumingan elected seat.10- Preliminary List of Candidates: is a list in whichnames of the applicants for assuming elected seatsare registered and published.11- Final List of Candidates: Is a list in which names ofeligible candidates are registered and published bythe Commission after the adjudication of objectionsby the Complaints Commission.12- Supervisor: is a person, who on behalf of a politicalparty, a candidate, and national and internationalorganizations receive accreditation letter from theCommission, for the purpose of monitoring anelectoral process.3
25/09/2016Election LawIssue No. (1226)13- Observer: is a national or international natural orlegal person or mass media, who after obtainingaccreditation letter from the Commission, has theright to observe the electoral process.14- Accreditation Letter: is a document issued by theCommission in accordance with the provisions of thislaw, for the purpose of permission of monitoring orobservation of and or preparation of a report on theelectoral process.15- Electoral Campaign: are the publicity activities,carried out by parties, coalition of political parties andor independent candidates for the purpose ofgarnering support and receiving votes of the voters.16- Quarantine: is the temporary exclusion of theelectronic votes or suspicious boxes from thecounting process, until they are reviewed and adecision is made by the Commission and or theComplaints Commission.17- Initial Results: are the figures that are announcedafter the counting at the counting center.18- Partial Results: are the figures that are announced bythe Commission during the tallying of the results.19- Preliminary Results: are the figures that areannounced and published by the Commission aftercompletion of the tallying and prior to adjudication ofthe complaints.4
25/09/2016Election LawIssue No. (1226)20- Final Results: are the figures announced, publishedand implemented by the Commission, after thecompletion of adjudications by the ComplaintsCommission.21- Nomad (Kuchi): is a citizen of the country lackingfixed place of residence, his/her main occupation israising livestock, and considering the climaticconditions moves from one place to another.22- Referral to the Public Opinion: is a referendum,which is conducted in the country for the purpose ofobtaining opinion of the general public of Afghanistanin important national political, social, and economicissues in accordance to the provisions of theconstitution of Afghanistan and this law.Right of Participation in Election:Article 5:(1) Every citizen eligible to vote, both men and womenhave the right to register as a voter or candidate andparticipate in elections.(2) In case, a citizen mentioned in clause (1) of this articleis deprived of the right to register or the right to elector to be elected, he/she has the right to file complaintwith the relevant competent authority.(3) Every voter has the right to have access to one of thepolling centers to poll his/her vote.(4) The eligible voters have equal right of vote inelections which they use directly.5
25/09/2016Election LawIssue No. (1226)Imposing any kind of direct or indirect restrictions onvoters and candidates on the basis of language, religion,ethnicity, sex, clan, region, residency and social oroccupational status or disability is prohibited.(5) Nomads, refugees, Hindus and Sikhs, staff of diplomaticmissions based abroad, patients in hospitals, militarypersonnel and eligible prisoners have the right toparticipate in elections, if possible, in separate pollingcenters established by the Commission.Registration and VotingArticle 6:(1) The person eligible to vote has to personally appear atthe polling center, and register his/her name in thevoters list based on the citizenship Tazkira (NationalID) or document specified by the Commission forverification of his/her identity.(2) No person can register his/her name more than oncein the voters list.(3) The voter is obliged to vote at the poling center,where his/her name has already been registered inthe voters list of that polling center.(4) To get a ballot paper, a voter is obliged to present thecitizenship Tazkira or a document which is determinedby the Commission for proving his/her identity.(5) Every voter has the right of one vote and can use itdirectly in favor of his/her favorite candidate.6
25/09/2016Election LawIssue No. (1226)(6) In case a voter may need guidance about findinghis/her candidate of choice, he/she can seek help of aperson he/she trusts.Establishment of Polling CentersArticle 7:(1) The Commission is obliged to establish polling centerstaking into consideration the number of voters andtheir geographical locations in a balanced manner.(2) The Commission makes available all materialsnecessary for election at the polling centers prior tothe Election Day, and provide the possible facilities tothe voters and candidates to participate in electionsand exercise their right to vote.Preparation of the Voters ListArticle 8:The Commission is obliged to prepare a voters list bypolling centers and shall link it to the national databasecenter of the Commission.Obligation of the OrganizationsArticle 9:Governmental and non-governmental organizations,parties and coalition of political parties, and associationsare obliged to cooperate in the electoral process with theCommission, the Complaint Commission and the MediaCommittee, and shall comply with and abide by the7
25/09/2016Election LawIssue No. (1226)decisions made by them in accordance with theprovisions of this law.(1)The Central Statistics Office is obliged, respectingprovisions of the relevant law, to provide the Commissionand the Complaints Commission with the latest accurateand official figures of the population of each province,city, Nahia (city district), district and village includingnomads within the timeframe determined by theCommission.Non- interferenceArticle 10:(1) No one is allowed to directly or indirectly interfere in theelection affairs.(2) Use of any governmental assets, facilities and resources infavor or against a specific candidate is prohibited. Equaluse of state-owned and public resources and facilities infavor of all candidates in accordance with the provisions ofthis law shall be an exception to this provision.Chapter TwoCommissionEstablishment of the CommissionArticle 11:(1) For the purpose of administration and supervision ofevery kind of elections and referral to the generalpublic opinion in the country, the Commissioncomprised of seven members is established inaccordance to this law:8
25/09/2016Election LawIssue No. (1226)(2) The Commission shall have a Chairperson, Deputy(Operations), Deputy (Admin and Finance) and aSecretary (Spokesperson) that are elected fromamong the members of the Commission bythemselves through free, secret, and direct electionsin the following manner:1- Chairperson of the Commission, for a period oftwo years and six months.2- Deputies and secretary (spokesperson) of theCommission for a period of one year.(3)Chairperson, Deputies and Secretary of theCommission may nominate themselves for the nextrounds as well.(4)Scope of duties and authorities of the deputiesand secretary (spokesperson) shall be determined in theinternal regulation to be adopted by the Commission.Requirements for the Commission MembershipArticle 12:(1) A person who nominates him/herself for themembership of the Commission, shall meet thefollowing requirements:1- Shall have citizenship of Afghanistan.2- Shall have bachelor level higher education in thefields of law, sharia, political sciences,management, sociology, economy and other fieldsrelated to them.3- Shall have good reputation.9
25/09/2016Election LawIssue No. (1226)4- Persons with Bachelor shall have at least 10 years,Masters at least 7 years, and Doctors at least 5 yearsof work experience in the government or nongovernment organizations.5- Shall have completed at least 35 years of age.6- Shall not have been convicted by a court forperpetration of crimes against humanity, felony ordeprived of civil rights.7- Shall not have membership of the political partiesduring incumbency of membership of theCommission.(2) Candidates eligible under clause (1) of this article, shallsubmit their curriculum vitae, educational documents andcitizenship Tazkira to the selection committee within thetimeframe determined by the mentioned committee.This timeframe cannot be more than seven working days.Establishment of the Selection CommitteeArticle 13:(1) For the purpose of verification of documents anddetermining competence and qualification of thecandidates for membership of the Commission, theselection committee is established with the followingcomposition:1- Competent representative (Judge) of the SupremeCourt, with the approval of the High Council of theSupreme Court, as the Chairperson of the selectioncommittee.10
25/09/2016Election LawIssue No. (1226)2- One member of the Afghanistan Independent HumanRights Commission, as elected by that commission asthe member.3- One member of the Independent Commission ofOversight of Implementation of the Constitution ofAfghanistan, as elected by that commission, as themember.4- Elected representative of the civil societyorganizations related to elections, as member.5- Elected representative of the civil societyorganizations advocating for the women rights, asmember.(2) Civil society organizations mentioned in sections (4and 5) of the clause (1) of this article are obliged tointroduce their representatives for the membership ofthe selection committee within seven working days ofthe date of notification. Otherwise, members statedin sections (1,2 and 3) of the clause (1) of this articlewill introduce 3 persons each from the organizationsmentioned in sections (4 and 5) of the clause (1) ofthis article to the president; and the president willappoint two persons representing the twoorganizations as the members of the selectioncommittee.11
25/09/2016Election LawIssue No. (1226)Verification of Documents of the Candidates forMembership of the CommissionArticle 14:(1) The selection committee will examine the documentsmentioned in clause (2) of the article 12 of this law,and in case of any suspicion for the sake of ensuringits accuracy, refer them to the relevant authorities.The relevant authorities are obliged to providecomplete information within three working days.In case the suspicion is proved, the provider of thedocument shall be referred to the legal and judicialauthorities.(2) From among the candidates, the selection committeeshall introduce 21 persons to the president that meetthe highest and most appropriate legal standards,while taking into consideration the ethnic and gendercomposition.(3) From among the candidates mentioned in clause (2)of this article, the president shall appoint members ofthe Commission, while respecting the ethnic andgender composition, having at least two femalemembers for the first round, in the following order:1- Four members for a period of five years.2- Three members for a period of 3 years.(4) Members of the Commission in the following termsshall be appointed for a period of five years.(5) Meetings of the selection committee shall takeplace in an open manner in accordance to a12
25/09/2016Election LawIssue No. (1226)separate procedure, to be adopted by itsmembers.Oath TakingArticle 15:Before occupying their position, members of theCommission shall take the following oath, in the presenceof the President, administered by the Chief Justice of theSupreme Court:“I swear to Allah the Great to perform, as member of theIndependent Election Commission, all assigned dutieshonestly, with integrity, independently, fully impartiallyand neutrally in accordance with the provisions of theConstitution of Afghanistan, this law, and other laws ofthe country.Conditions of Termination of the Member of theCommissionArticle 16:(1) A member of the Commission can be terminatedfrom job in the following circumstances:1- Faking of the educational documents.2- Deprivation of civil rights on the order of a competentcourt.3- Conviction for committing crimes of misdemeanor orfelony.4- Having membership in political parties duringmembership of the Commission.13
25/09/20165- BreachingElection LawIssue No. (1226)provisions of the Constitution ofAfghanistan, this law and other enforced laws in thecountry.6- Suffering from an incurable or long-lasting diseasewhich impedes performance of duties.7- Continuous absence from job for more than twentydays without justifiable legal reasons.8- Non-observance of provisions of Article 17 of this law.(2) Member of the Commission may tender his/herresignation in written to the president.(3) In case of resignation, termination or death of oneor more members of the Commission, thePresident shall appoint new member (s) fromamongst the remaining nominees stipulated inclause (2) of the Article (14) of this law; with dueconsideration to the ethnic and gendercomposition.(4) In case the chairperson, deputy chairperson orsecretary of the Commission lose theirmembership due to resignation, termination ordeath, new elections shall be conducted amongthe members of the Commission, in accordancewith the clause (2) of the Article (11) of this law.(5) Except for the conditions mentioned in sections(1, 2 and 3) of the clause (1) of this article,determination of other conditions shall take placeby the Commission.14
25/09/2016Election LawIssue No. (1226)Avoid Acts of Discrimination and PrejudiceArticle 17:Members of the Commission are obliged to respect thehighest interests of the country and provisions of theConstitution of Afghanistan in their decision making; andavoid all types of discriminations and prejudice on thebasis of race, ethnicity, region, party, language, religionand gender.Obligation of the Members of the Commission duringMembership of the CommissionArticle 18:(1) Members of the Commission are obliged to performtheir duties impartially and responsibly, in accordanceto the provisions of this law and other legislativedocuments.(2) Members of the Commission do not have the right toparticipate in political, military, and other jobs in thegovernment and non-government organizationsduring the incumbency of this position.Duties and Authorities of the CommissionArticle 19:(1) The Commission has the following duties andauthorities:1- Administration and supervision of all types ofelections and referral to the public opinion, asstipulated in this law.15
25/09/2016Election LawIssue No. (1226)2- Approval of the executive procedures for thepurpose of conducting elections.of the administrative, budgetary,managerial and elections operational plans.4- Monitoring performance of the work of theCommission’s Secretariat and provincial offices ofthe Commission.5- Monitoring the processes of voter registration,preparing and updating of the voters list.6- Certifying the list of registered candidates in therelevant elections and the final voters’ registrationlist.7- Approval of the electoral calendar.8- Planning civic education and public awarenesscampaigns at the country level.9- Approval of procedure on the use of mass mediaand ensuring fair access of political parties,candidates and civil society to the state-owned massmedia during the electoral campaign.10- Establishing relations and maintaining cooperationwith the political parties, independent candidatesand civil society organizations related to electionsand media.11- Determining and verifying voter registrationcenters, polling and counting stations.12- Issuing accreditation letter to the presidential, Vicepresidential, the National Assembly, Provincial3- Approval16
25/09/2016Election LawIssue No. (1226)Councils, District Councils, Village Councils, Mayoraland Municipality Councils candidates.13- Issuing accreditation letter to the national andinternational observers and monitors, representativesof the political parties, independent candidates, andcivil society organizations related to elections and themass media.14- Official announcement of the initial, partial,preliminary and final election results.15- Monitoring the recruitment of the staff of theSecretariat and the provincial offices of theCommission.16- Perform all other duties and authorities mentioned inthis law.(3) The Commission cannot amend relevant bills andprocedures during the electoral process.Meetings of the CommissionArticle 20:(1) Ordinary meetings of the Commission may be heldregularly, extraordinary meetings shall be held atthe decision of the Chairperson of the Commissionor upon the request of three members.(2) The quorum for meetings is completed by presenceof five members and decisions shall be taken by amajority of votes of all the members. In case ofequal vote, the view of the side to which the17
25/09/2016(3)Election LawIssue No. (1226)Chairperson of the Commission votes shall bepreponderant.The meetings of the Commission, in the instances ofdetermination of the electoral calendar, review andvetting of the documents and powers of thecandidates, determination and verification of theregistration and polling centers & number
2-Electoral Calendar: is a specific timeline for the purpose of timely implementation of the electoral activities in accordance to the constitution and this law. 3-Electoral Constituency: is the area determined for the election of candidates for the elected seats. 4-Vote: is the will of a person, exercised for the purpose
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