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Location: Afghanistan
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Afghanistan
2014
EST
Presidential
and Local
In order to fully ensure the right to an effective remedy as enshrined in international standards, consideration could be given to amending the electoral legislation to provide for a clear supervisory role of the judiciary over the decisions of the IECC.
Recommendation # in final report:
53
Type of recommendation:
Other
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 election law could be amended to grant accredited citizen observers and observer groups the right to file complaints on electoral violations, decisions and actions of election commissions, including on unlawful conduct during campaigning, and against the election results.
Recommendation # in final report:
54
Type of recommendation:
Other
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
It is recommended to revise the legal framework in order to define respective mandates and responsibilities of various election administration bodies, unequivocally spell out the deadlines applicable to challenging preliminary lists of candidates, and clearly attribute the authority over final election results.
Recommendation # in final report:
55
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Afghanistan
2014
EST
Presidential
and Local
It is recommended that the parliament, in consultation with the electoral management bodies and other stakeholders, including citizen observer groups, initiate an evaluation of the newly-adopted electoral legal framework and its application in practice in light of the lessons learned from the 2014 elections and sufficiently in advance of the upcoming elections.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Afghanistan
2014
EST
Presidential
and Local
In line with international standards and good practice, electoral legislation should be enacted sufficiently prior to an election in order to allow electoral stakeholders and voters adequate time to familiarize themselves with the rules and procedures that apply to the electoral process.
Recommendation # in final report:
2
Type of recommendation:
Priority
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 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
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
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
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