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Location: Afghanistan
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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
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
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
Afghanistan
2014
EST
Presidential
and Local
It is recommended to address matters of candidate registration, conduct of campaign and campaign finance requirements, as well as transparency of results by primary legislation, in order to provide for legal certainty.
Recommendation # in final report:
38
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary 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
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
The timelines for different elections should be reconciled with the constitutionally-mandated expiration of the presidential term and further modified to allow for sufficient time to handle concurrent elections and prepare for a possible runoff in a presidential race.
Recommendation # in final report:
40
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
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