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In the name of Allah, the compassionate, the merciful
PROCEDURES FOR THE ELECTIONS OF THE MEMBERS
OF THE EMERGENCY LOYA JIRGA - [WORKING TRANSLATION]
Chapter one - General provisions
Article one
1. The Loya Jirga has been the supreme manifestation of the
will of the Afghan people and it represents the entire nation.
Its decisions and endorsements are binding.
2. In keeping with the prevailing conditions and circumstances
of the country, the Emergency Loya Jirga shall be convened
from the 20th to 26th Jauza 1381, (equivalent to 10th to 16th
June, 2002), in the center of Kabul.
Article two
Each member of the Loya Jirga, while expressing his or
her views, and while voting, shall represent the interests
of Afghanistan.
Article three
The Emergency Loya Jirga shall be held, based on the Bonn
Agreement, with the purpose of ensuring the inherent right
of the people, in freely determining their political destiny,
based on the principles of Islam, restoration of peace, national
reconciliation, the respect of human rights in the country,
strengthening of independence, national sovereignty, territorial
integrity, democracy, pluralism, and social justice.
Chapter two - Election of the members
of the Emergency Loya Jirga
Article four
Taking into account the situation and special circumstances
of the country, members of the Emergency Loya Jirga, who fulfill
the requirements for election laid out in the relevant provisions
of these procedures, (based on the Bonn Agreement, providing
for the participation of women as well as the just inclusion
of all ethnic and religious groups and sects of Afghanistan),
shall be indirectly elected or selected.
Article five
Each administrative unit (municipal ward, district, provincial
center without ward) shall be recognized as an electoral constituency.
Article six
The members of the Emergency Loya Jirga shall be elected from
the electoral constituencies in proportion to the population,
as follows:
1. From each administrative unit one member [shall be elected],
regardless of the size of the population.
2. From each administrative unit, in proportion to its population,
according to attached table no. 1.
Article seven
The Special Independent Commission for the Convening of
the Emergency Loya Jirga, with the cooperation of the United
Nations, shall adopt measures so that refugees, [internally]
displaced persons and nomads shall be able to actively participate
in the Emergency Loya Jirga, through appointing their own
representatives, based on their allocated share, shown in
attached table no. 2.
Article eight
Representatives of civil society institutions, credible
individuals, religious scholars, intellectuals, women's representatives,
traders, and religious minorities, within the country and
abroad, shall be chosen according to the attached tables nos.
1,2 and 3 in the following way:
1. Representatives of civil society institutions shall be
introduced by their institutions and confirmed by the Special
Independent Commission for the Convening of the Emergency
Loya Jirga, with the cooperation of the United Nations.
2. Representatives of religious scholars, credible individuals
and intellectuals, after the collection of information within
the country and abroad, shall be chosen by the Special Independent
Commission for the Convening of the Emergency Loya Jirga,
with the cooperation of the United Nations.
3. Representatives of women shall be introduced by community
members, women's educational institutions and associations,
and confirmed by the Special Independent Commission for the
Convening of the Emergency Loya Jirga, with the cooperation
of the United Nations.
4. Representatives of traders shall be introduced by the
Chambers of Commerce and related organizations, within the
country and abroad, and confirmed by the Special Independent
Commission for the Convening of the Emergency Loya Jirga,
with the cooperation of the United Nations.
5. Representatives of religious minorities shall be chosen
by their religious organizations, according to attached table
no 3.
Chapter 3 - Procedures for candidacy
and conduct of the process of the indirect elections
Article nine
In the administrative units, subject to the published
conditions for candidacy, any resident may present him- or
herself as a candidate, irrespective of gender, sect or tribe,
based on the following election procedures.
Article ten
Election of the members of the Emergency Loya Jirga shall
take place in two stages, as set out below:
1. Each district and provincial center without wards, according
to the table of seat allocations, shall choose its representatives
who fulfill the terms for being elected under the observation
of the Constituency Observation Team, and introduce them to
the Regional Observation Center.
2. Every municipal ward shall choose 20 to 30 representatives
from among themselves, who fulfill the terms for being elected,
under the observation of the Constituency Observation Team,
and introduce them to the Regional Observation Center.
Article eleven
1. In the second stage, the people who have been introduced
by the community members shall elect the members of the Emergency
Loya Jirga from among themselves, under the observation of
the Constituency Observation Team using a secret, direct,
free ballot based on the table of the seat allocations.
2. In case conditions for conducting fair and equitable elections
are absent in any constituency, a separate procedure for observation
of the election of the members of the Emergency Loya Jirga
shall be invoked, as laid out in the 'Procedures for the observation
of the elections of the members of the Emergency Loya Jirga
and the audition of complaints arising from it', Article 7.
Article twelve
In all cases, the United Nations shall bare the responsible
for providing security and order.
Chapter Four - Terms for candidates and
voters
Article thirteen
In the election of the members of the Emergency Loya Jirga,
all those who fulfill the following qualifications may take
part as voters:
1. have citizenship of Afghanistan by birth
2. be at least eighteen years old
3. be capable of exercising his/her full legal rights.
Article fourteen
People to be elected or selected as members of the Emergency
Loya Jirga must fulfill the following requirements, in addition
to those for voters as laid out in Article (13) [of these
procedures] should:
1. be at least twenty two years old
2. subscribe to the principles and values of the Bonn Agreement
3. have no links with terrorist organizations
4. not have been involved in spreading and smuggling narcotics,
abuse of human rights, war crimes, looting of public property
and smuggling of cultural and archeological heritage.
5. In the eyes of the people, not have been involved indirectly
or directly in the killing of innocent people.
6. be able to read and write at least one of the official
languages.
Article fifteen
All forms of coercion, intimidation, bribery, corruption,
use of force and weapons during the elections are banned.
Anyone involved in resorting to these practices, in addition
to his/her election being nullified, shall be subjected to
legal proceedings based on electoral law.
Article sixteen
Anyone holding an official post in his/her administrative
unit, who wants to become a candidate for membership of the
Emergency Loya Jirga, must resign from his post by 20th Hamal
[equivalent to 10th April].
Chapter Five - Final provisions
Article seventeen
Observation of the election process and consideration
of complaints shall be conducted under the provisions of the
relevant 'Procedures for the observation of the elections
of the members of the Emergency Loya Jirga and the audition
of complaints arising from it'.
Article eighteen
These Procedures, consisting of five chapters and 18 articles,
shall be implemented from and published by the date of adoption
by the Special Independent Commission for the Convening of
the Emergency Loya Jirga.
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