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This factsheet highlights key information about the role of the Electoral Complaints Commission of Afghanistan during the Wolesi Jirga Elections on 18 September 2010. For further information please visit www.ecc.org.af or send an email to eccmedia@ymail.com.
This factsheet highlights key information about the role of the Electoral Complaints Commission of Afghanistan during the Wolesi Jirga Elections on 18 September 2010. For further information please visit www.ecc.org.af or send an email to eccmedia@ymail.com.
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This factsheet highlights key information about the role of the Electoral Complaints Commission of Afghanistan during the Wolesi Jirga Elections on 18 September 2010. For further information please visit www.ecc.org.af or send an email to eccmedia@ymail.com.
Hak Cipta:
Attribution Non-Commercial (BY-NC)
Format Tersedia
Unduh sebagai PDF, TXT atau baca online dari Scribd
18 September 2010 Wolesi Jirga Election – Factsheet 1
Electoral Complaints Commission
The Electoral Complaints Commission (ECC) is an independent body established under Article 61 of the Electoral Law1 to adjudicate all challenges and complaints related to the electoral process. The ECC has the authority to impose sanctions and penalties if an offence is deemed to have been committed. ECC commissioners According to the Electoral Law, the ECC must be established at least 120 days before the election date by the President in consultation with the speakers of both the upper (Meshrano Jirga) and the lower (Wolesi Jirga) houses of Parliament and the Chief Justice of the Supreme Court. The present The Board of the 2010 Electoral Complaints Commission (ECC) body is composed of five commissioners (three means that for the 2010 Wolesi Jirga elections there national and two international): the Chairperson is will be 114 Provincial Electoral Complaints Mr Justice Sayed Murad Sharifi (of the Supreme Commissioners throughout Afghanistan. The PECC Court of Afghanistan) and the additional local members are Associate Professor Shah Sultan Akifi commissioners are assisted in their work by legal (Human Resources Director General at the Wolesi and investigative specialists who receive and inves‐ Jirga) and Mr Ahmad Zia Rafat (of the Faculty of tigate complaints. Journalism at the University of Kabul). The two Jurisdiction of ECC and PECCs international members are Mr Safwat Sidqi of Iraq The ECC and PECCs have jurisdiction to adjudicate and Judge Johann Kriegler of South Africa. challenges to candidate and voter eligibility and Provincial Electoral Complaints Commissions complaints arising from the electoral process The ECC has its headquarters in Kabul (ECC HQ) but (relating to campaigning, polling, counting etc). In it is also represented in each of the 34 provinces of the absence of a formal challenge or complaint the ECC or a PECC can take the initiative in considering Afghanistan by a Provincial Electoral Complaints an issue within its jurisdiction. Commission (PECC). Each PECC has five commis‐ sioners in the six provinces with at least ten seats in A PECC has primary jurisdiction regarding the Wolesi Jirga, while the PECCs in the remaining challenges and complaints that arise in its province 28 provinces each have three commissioners. This and any of its decisions may be appealed to the ECC by any affected party. ECC decisions, however, are 1 Islamic Republic of Afghanistan, Presidential Decree, final and binding. Electoral Law, 18 February 2010. The ECC and PECCs must wind up their activities k) Attempting to vote more than once in an within two months of the certification of the election election results and transfer their responsibilities to l) Unauthorized tampering with election materials the Independent Election Commission. or ballot boxes Challenges m) Interfering with electoral officials in the perform‐ance of their duties The ECC is responsible for the adjudication of n) Violating the code of conduct for political challenges brought against voters who do not parties and candidates, their agents or election comply with the provisions of Article 11 and officials candidates who do not comply with the provisions o) Use of funds originating from illegal activities of Article 12(2) or (7) or 13(1)(5) of the Electoral p) Use of foreign funds to influence the electoral Law. By the end of the period for challenges against process aspirant candidates, the ECC had ordered the q) Inciting or provoking another person to commit removal of one candidate from the final candidate an electoral offence list for providing false information as to his identity, r) Violating the provisions of the law, regulations 7 because they had not resigned from their official or procedures governing the electoral process positions timeously, and 36 because they had been found to be members of illegal armed groups. s) Nonobservance of IEC, ECC, PECC or Media Commission procedures Electoral offences t) Use of any kind of symbol, colour, slogan or Article 63 of the Electoral Law lists the following other sign assigned to a candidate by other electoral offences: candidates or their polling‐station agents u) Other violations specified in regulations and a) Providing false information to the Independent procedures Electoral Commission (IEC) and its related commis‐sions Sanctions and penalties b) Threatening, intimidating or attacking the In the event of a violation, the ECC/PECC may adopt dignity of a voter, candidate, journalist covering one of these measures in accordance with Article 64 the election or permanent or temporary of the Electoral Law: election employee, or using force against them a) Issue a warning, or an order to take remedial c) Preventing anyone, including accredited action, to the offending individual or observers and agents, from participating in the organisation electoral process b) Impose a cash penalty of up to 500,000 d) Fraud in balloting or vote‐counting Afghanis, in line with the circumstances e) Offering or accepting money or any other c) Adopt a decision to rerun an election or recount benefit to influence the electoral process votes before certification of results f) Possessing, or attempting to obtain, more than d) Remove a candidate from the candidate list one voter registration card or other document e) Invalidate ineligible ballot papers or order the issued by the IEC count or recount of one or more ballot papers g) Voting or attempting to vote using a fraudulent, f) Prohibit an offender from serving in any forged or altered card or the card of another commission for a period of up to 10 years person h) Altering, substituting, stealing or destroying If an offender is a member or supporter of a electoral documents without legal authority political party, or a supporter of a candidate, the i) Duplicating, using or keeping false voter ECC/PECC may impose sanctions on the party or registration cards or other documents certified candidate concerned. by the IEC, ballot papers or official forms The ECC/PECC may also refer an offender for j) Fraudulently obtaining a voter registration card prosecution if it has evidence that the offence or other document certified by the IEC constitutes a crime.
For further information please visit www.ecc.org.af If questions remain, contact ECC Public Outreach – 079 834 0131 – ecc.media@ecc.org.af