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Afghanistan
2014
EST
Presidential
and Local
As a measure to increase transparency and accountability, prior to the start of any audit, the IEC should announce criteria for invalidation of individual ballots and consequences for entire ballot boxes, in the form of a regulation, and specify which entity has authority to render a decision in a contested case.
Recommendation # in final report:
27
Type of recommendation:
Priority
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Developments after the Second Round Election Day
Afghanistan
2014
EST
Presidential
and Local
In order to promote transparency the IEC could separately post both original results and those amended by any audit. This could provide an opportunity for in-depth analysis of the extent and possible causes of inconsistencies or fraud and assist in designing responses to the discovered problems in future elections.
Recommendation # in final report:
28
Type of recommendation:
Priority
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Developments after the Second Round Election Day
Afghanistan
2014
EST
Presidential
and Local
To strengthen confidence in the electoral process, the IECC should further expand its financial and human resources and conduct capacity-building activities to proactively deal with relevant complaints and appeals. Both the IECC and the IEC could consider introducing a comprehensive and co-ordinated training strategy for their provincial level staff before the 2015 parliamentary elections.
Recommendation # in final report:
29
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Afghanistan
2014
EST
Presidential
and Local
IECC should further intensify its public outreach to continuously inform all relevant stakeholders on the importance of utilizing the mechanism of filing official complaints. This should be a long-term exercise beginning well before candidate nomination and targeting political parties, candidates, observers, as well as voters.
Recommendation # in final report:
30
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Candidate Registration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Afghanistan
2014
EST
Presidential
and Local
To allow for the submission of complaints on invalidation of election results within the legal deadlines, the IEC should publish the results sheets for all polling stations where results were invalidated without delay and in a readable, user-friendly format.
Recommendation # in final report:
31
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary 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 law should require full transparency from the IECC in its proceedings and decisions. Public announcement of IECC decisions and their timely publication should be clearly prescribed by the law and adhered to in order for the electoral dispute resolution process to fully meet the international standards.
Recommendation # in final report:
32
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary 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
Additional efforts should be made to ensure adjudication of all complaints within the legal deadlines. The law should clarify the period of final adjudication of complaints filed directly to the IECC at the central level and provide for reasonable expeditious adjudication within the electoral period.
Recommendation # in final report:
33
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 existing legal framework for the adjudication of complaints and the jurisdiction of the bodies involved should be respected by all the participants of the electoral process, including election contestants.
Recommendation # in final report:
34
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 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
Submission of complaints by voters at polling stations as well as deadlines for filing complaints against preliminary results should be clearly specified in the law. To avoid such discrepancies, consideration could be given to updating the election law on the basis of existing practice as embodied in the corresponding regulations.
Recommendation # in final report:
37
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
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