Working to reform Afghanistan's electoral system and strengthen representative governance

The Ongoing Controversy of the Special Court

Written on April 23, 2011 by media in Reports, Statements

Kabul, 23 April, 2011 — Upon recommendation from the Supreme Court and approval of the President, a special elections court was formed on December 15, 2010 to investigate issues after the Wolesi Jirga elections.

The Court’s members consisted of five Supreme Court justices and 10 administrative personnel. In its first press conference on December 20, 2010, the chairperson of the Court called it a special court and said it was a legal entity based on Article 32 of the Law on the Organization and Jurisdiction of Courts. The formation of the Court elicited varying reactions. The members of the Wolesi Jirga called the formation of the elections court against the Constitution and electoral laws, while the objecting candidates welcomed its establishment.

Keeping in view the preservation of the integrity of the electoral system in the country, the Free and Fair Elections Foundation of Afghanistan (FEFA) expressed its deep concerns in a press release on December 16, 2010. FEFA called any form of interference or decision from the judiciary about the election’s process and results as contravening the law and electoral guidelines, asserting that the legal authority to investigate electoral concerns and announce election results lies only with electoral bodies. FEFA asserted its position through active participation in television and radio panels in the national and international media and called on the judicial organs to respect the country’s electoral system.

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Women’s Groups Critical to Electoral Reform

Written on March 25, 2011 by media in Reports, Statements

Kabul, 25 March, 2011– Afghanistan’s leading women’s organizations should be included in the electoral reform process to ensure women’s concerns are not overlooked during elections, the Free and Fair Election Foundation (FEFA) said in a report released Thursday.

The 18-page report, titled ‘Women and Afghanistan’s 2010 Parliamentary Elections,’ details women’s experiences during every phase of last year’s disputed elections, from candidate registration through the seating of the new parliament. The report highlights serious shortfalls in the electoral system regarding women’s political rights and democratic participation. It calls for women’s organizations to be included from the outset of the electoral reform process due to begin next month with the creation of an electoral reform working group.

“Women’s concerns during elections must be addressed during the reform process,” said FEFA executive director Jandad Spinghar. “If women are left out of these important decisions, electoral reform will be incomplete and unsuccessful.”

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Inauguration of Parliament Welcome, Must Not Become a Victory for Impunity

Written on January 26, 2011 by media in Statements

Kabul, 26 January, 2011 – The Free and Fair Election Foundation welcomed the inauguration of parliament Wednesday, following the resolution of a months-long standoff between the electoral institutions and the presidential palace.

“We welcome this outcome, which reaffirms the constitutional separation of powers and the checks and balances that are fundamental to any democratic state,” said FEFA chairman Nader Nadery. “Now, the new parliament must serve the people of Afghanistan honestly, transparently and in a manner that respects the great risks voters took on Election Day. It is also important that investigations into serious election crimes continue through the proper legal channels.”

Wednesday’s inauguration seemed uncertain just days before. The post-election political crisis gained momentum last week when the president announced that the already long-delayed inauguration of the parliament would be postponed until February 22 to give a special election dispute court more time to investigate complaints by losing candidates from the 2010 elections.

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Kabul Candidates Underreported 2010 Campaign Expenses

Written on December 25, 2010 by media in Statements

Kabul, 25 December, 2010– Most Kabul province candidates during this year’s parliamentary election campaigns drastically under-reported their campaign expenditures to the Independent Election Commission (IEC) and many engaged in vote buying and abused state resources, the Free and Fair Election Foundation of Afghanistan (FEFA) said in a report released on December 16.

FEFA, which monitored the campaigns of 22 candidates in Kabul, found that 62 percent of those candidates reported campaign expenditures smaller than what observers recorded through parallel expenditure tracking. On average, the difference between the candidates’ reported expenditures and figures monitors calculated through parallel expense tracking was 3,700,000 Afghanis, or approximately $82,155.

For some candidates, the gap between reported and actual campaign expenditures was even more dramatic. One candidate FEFA followed throughout the campaign season reported spending 1, 798,00 Afghanis , $39,708, while campaign finance monitors calculated that this candidate spent 11,019,000 Afghanis, $243,352, on banners, posters and billboards alone. He later won a seat in the next parliament.

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Electoral Reform Must Begin Now

Written on November 24, 2010 by media in Statements

Kabul, 24 November, 2010– As Afghanistan’s largest domestic election monitor, the Free and Fair Election Foundation of Afghansitan (FEFA) observed numerous irregularities at every stage of this year’s electoral process, from the nomination of candidates through the adjudication of complaints. With the final results of the parliamentary elections announced, it is time for all stakeholders to commit to and begin the process of electoral reform.

The electoral process of 2010 has reached its end, but present momentum for reforming the broken electoral system must be maintained for the sake of Afghanistan’s democracy. The fact that so many voters and candidates feel injustice at the conclusion of this fourth national election underscores the necessity and urgency of systemic change.

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