This draft proposal on IEC structure duty and mandate is result of a consultative process that engaged civil society, political parties and academicians, including Afghan national academy of science and members of parliament, this group formed and facilitate by FEFA and made regularly for the past four months, this draft proposed laws, we hope can generate and contribute to national debate on electoral.
In democratic systems, civil society as a pressure force can play an extremely effective role in bringing reforms. Using effective methods, it can push government agencies to bring reforms.
But it is worth reminding that it is possible and feasible only when civil society organizations (CSOs) coordinate their work plans effectively.
FEFA appreciates efforts of ministry of interior affairs for having considerable measurements towards securing four previous rounds of election. FEFA is keen to support recommendations and effective policies of the mentioned ministry in the future.
Based on monitoring experiences of FEFA from four previous elections, they are providing recommendations as follow:
Making a specific policy to Guarantee effective police function during election:
FEFA believes, beside the general operation plan MOI is required to implement a policy which covers functions of police and their neutrality, and insure security for voters, candidates, observers, and facilitators from start of election until 6 months later.
Female candidate’s access for further security services: it’s required to give priority to female candidate’s security in this policy, and it shall be considered as significant mission of police in center and provinces. This policy shall pave the ground for further security service to female candidates.
Gardener! You seem unaware of autumn
Alas! You lose your flowers when wind blows
His Excellency Dr. Mohammad Ashraf Ghani, president and H.E Dr. Abdullah Abdullah, chief executive of Islamic Republic of Afghanistan!
Hope more success for H.E president and H.E chief executive of Islamic Republic of Afghanistan. Almost one year ago the National Unity Government (NUG) established. Over this period Afghanistan developed in foreign politics including peace talks process and promoting the political position of Afghanistan in the world. However, there are some signs of development in good governance too but the government hasn’t taken any practical step in electoral reform section which forms the substantive part of political agreement. The current ambiguous circumstance separate nation from state and increase public distrust on democracy and election. Your silence in this regard enhance ambiguity and public distrust. According to article (64) of constitution president is responsible for enforcement of constitution. Thus, both leaders of NUG promised people and international community to implement the articles of political agreement and fundamentally reform all sectors and sections.
Maintaining the security of polling stations in the upcoming presidential election is a major challenge. Security has important role in conducting a fair and free election. FEFA has strived a lot for electoral reforms in the country. Deeming its national and international experiences of observing elections, FEFA drafted a proposal to specify the role of electoral stakeholders in election and presented it to the related institutions. FEFA presented a specific proposal to Ministry of Interior Affairs on (Policy of Ministry of Interior Affairs for the Election)
The principle of (role of Police in election) which is mentioned in the Declaration of Principles Proposed by Political Parties and Civil Society Organizations for Election) emphasizes on the impartiality of police during maintaining the security of election process.
For implementing the mentioned principle FEFA conducted a session on May 16, 2013with (General Abdul Razaq Sayghany) head of the policy of Ministry of Interior Affairs. At the beginning of the session, head of the Policy of Ministry of Interior Affairs said,” Ministry of interior Affairs has regulated the policy on duties of police during election and has included the proposal of FEFA.
A number of CSOs conducted a session with the members of the Judicial and Justice Committee of Wolesi Jirga to express their opinions about the new changes of the law on Independent Election Commission’s composition, duties and competences, which is sent by government to parliament for reevaluation. Forum of the CSOs that FEFA is its profisional member in election field had considered the needs for reevaluating the law or no and shared its opinions with the MPs.
FEFA also presented its specific proposal on considering the needs for reevaluating the law and shared its legal and professional vision and opinion in this regard with the National Assembly, CSOs, Media and people.
Shah Mahmood Mall a representative of FEFA in the session said, that during revision of the law parliament must take the opinions and vision of CSOs into account.
Subsequently MPs, promised to take the vision and opinions of CSOs into account while reapproving the law. The MPs said, Wolesi Jirga will elect one option among two, it will defend its previous draft or put this law again in a vote to approve by two-third of vote pro.
Free & Fair Election Forum of Afghanistan Organization (FEFA) believes that approval of the law on IEC and ECCs’ Composition, Duties and Competence is an important step towards empowering the current electoral system of the country. Having the Law on IEC and ECC under debate in the Parliament, MPs are urged to carefully and accurately review the law because any deadlock in the endorsement and enforcement process can enervate all the efforts made by the Parliament, CSOs and political parties in this regard. Therefore, FEFA proposes a set of recommendations to avoid any possible impediment that might hinder the approval of this law. The recommendations are as follows:
TOLOnews.com Wednesday, 29 August 2012
The Free and Fair Election Foundation of Afghanistan (FEFA) said Wednesday that most Afghan parliamentarians want amendments to the election law.
In a recent poll conducted by the group, the majority of lawmakers favoured a change in the law - specifically in the structure, duties and authority of the Afghan Independent Election Commission, FEFA chief Jandad Spinghar said at a briefing Wednesday.
The briefing in Kabul included representatives from FEFA, political parties, social activists, the UN and other national and international bodies' in Afghanistan.
"We wanted to give a clear picture to the political parties and social activists as to how much enthusiasm there is among Afghan lawmakers to approve the new law," Spinghar said.
According to Spinghar, the lawmakers want all the election commissioners to gain vote of confidence from the parliament to hold their position in order to ensure their impartiality, effectiveness, independence, and qualifications.
He also added that the new election law should also be supported by Afghan president, cabinet and politicians.
"In order to have an independent and impartial and professional election commission, President Karzai, the cabinet, the parliamentarians and all politicians should support the election law," he said. Continue Reading on http://tolonews.com/en/afghanistan/7382-lawmakers-support-election-law-amendments-fefa-
The democratization process needs the political structure to be reformed taking the realities ofthe society into account. To this end, we have to increase public awareness and engage CSOs more in this process.Elections, as an important part of the democratization process are used to bring elected officials into power. In order to hold transparent elections, the institutions responsible for administering elections should be regulated clearly with a law.
Noting the lessons FEFA learned from two presidential elections and two parliamentarian elections, it has been proven that some problems are directly related to structural and legal framework of the Independent Election Commission.
Afghanistan’s electoral system will encounter serious problems in the future if these existing problems are not resolved. A major challenge is the lack of the Law on the Commission’s Composition, Duties and Mandate and this has undermined the credibility of this body.