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Location: Afghanistan
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Afghanistan
2014
EST
Presidential
and Local
The IECC should avoid an overly formalistic approach to handling election-related complaints. In particular, the IECC should duly consider the substance of all claims, and thoroughly assess all relevant evidence. The IECC and the PIECCs should take a more pro-active role in gathering evidence to substantiate complaints and co-operate more closely with the IEC and the PIECs in this respect. In order to better ensure due process and effective remedy to complainants, consideration could be given to providing additional training for the IECC central and provincial staff on case management, judicial administration, and law enforcement investigatory techniques.
Recommendation # in final report:
35
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Afghanistan
2014
EST
Presidential
and Local
The electoral legal framework should be further enhanced by addressing identified gaps and bringing it closer in line with international standards. Legislative reforms should be undertaken well in advance of elections, through open and inclusive consultations with all election stakeholders, including political parties and civil society.
Recommendation # in final report:
36
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Afghanistan
2014
EST
Presidential
and Local
Should consideration be given to amending the Constitution, international standards for democratic elections contained in the treaties ratified by Afghanistan, as well as previous recommendations, especially with regard to suffrage rights and the presidential authority to pass election-related legislation, should be taken into account.
Recommendation # in final report:
39
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Afghanistan
2014
EST
Presidential
and Local
Legal certainty should be established in regards to which body is ultimately responsible for the interpretation of the Constitution in electoral matters. The role of the Supreme Court and the ICOIC in electoral matters should also be clarified with specific conditions for their possible intervention explicitly stated in the law.
Recommendation # in final report:
41
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Afghanistan
2014
EST
Presidential
and Local
Additional consideration could be given to possible mechanisms to address the lack of public confidence in the impartiality and inclusivity of the appointment mechanism of the IEC.
Recommendation # in final report:
42
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Afghanistan
2014
EST
Presidential
and Local
The requirement of both signatures and electoral deposits for presidential candidate registration may prevent legitimate candidacies. The registration requirement should be met through either the collection of signatures or payment of an electoral deposit. Although the amount of an electoral deposit should be sufficient to discourage spurious candidates, the deposit amount should be carefully calibrated not to result in the denial of suffrage rights.
Recommendation # in final report:
44
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Afghanistan
2014
EST
Presidential
and Local
The existing educational requirements for provincial council candidates are overly restrictive and should be reconsidered.
Recommendation # in final report:
45
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Afghanistan
2014
EST
Presidential
and Local
The government could consider rescinding its decision to ban a stand-alone voter registry so that the IEC can make an independent decision regarding the future voter registry options, be it either to link the voter registration with the development of a civil registry or to establish a stand-alone voter register.
Recommendation # in final report:
46
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Afghanistan
2014
EST
Presidential
and Local
As previously recommended, if voter registration cards are maintained, it should be a mandatory requirement that all registrants, male and female, have photographs on their voter card as a deterrent against fraud.
Recommendation # in final report:
47
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Afghanistan
2014
EST
Presidential
and Local
It is recommended that the electoral legal framework be reviewed to include clear definition of the length of campaign period for possible runoff in a presidential race.
Recommendation # in final report:
48
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign
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