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In the name of Allah, the compassionate, the merciful
PROCEDURES FOR THE OBSERVATION OF THE ELECTIONS
OF THE MEMBERS OF THE EMERGENCY LOYA JIRGA AND THE AUDITION
OF COMPLAINTS ARISING FROM IT - [WORKING TRANSLATION]
Chapter one - General provisions
Article one
These procedures are enacted, according to the Bonn Agreement,
to ensure the integrity of the elections, the free expression
of the will of the people and the better organization of the
affairs related to the observation of the elections of the
members of the Emergency Loya Jirga, as well as to address
complaints arising from it.
Article two
The observation of the elections and the audition of
complaints shall take place through the following structures:
1. Constituency Observation Teams
2. Regional Observation Centers
Article three
A Constituency Observation Team consists of election observation
officers, supported by one well-intentioned local person.
Article four
A Constituency Observation Team has the following duties
and authorities:
1. to observe the timely introduction of the representatives
of the people for the elections in the constituencies
2. it is presided over by, alternately, one of the election
observation officials
3. to decide on a suitable and neutral place, free from interference,
for the introduction of the representatives
4. to report on the activities to the Regional Observation
Center
5. to implement the instructions of the Regional Observation
Center
6. to prepare a list of the persons introduced by the people
7. to prepare and to issue identification documents for the
introduced.
Article five
A Regional Observation Center consists of:
1. a member of the Special Independent Commission for the
Convening of the Emergency Loya Jirga, as the head of the
center
2. a member of the Special Independent Commission for the
Convening of the Emergency Loya Jirga, or a member of the
Commission's secretariat, as the deputy head of the center
3. officers of the observation delegation who are confirmed
by the Special Independent Commission for the Convening of
the Emergency Loya Jirga, as members
4. an international observation delegation as witnesses,
under the auspices of the United Nations.
Article six
The Regional Observation Center has the following duties
and authorities:
1. to control the implementation of the provisions of the
procedures for the election of the members of the Emergency
Loya Jirga and of the rules of these procedures
2. to listen to the reports of the Constituency Observation
Teams and to take decisions on them
3. to evaluate complaints about the activities of the observation
delegations and about the election process and to take decisions
on it
4. to assign and send Constituency Observation Teams to their
places of duty
5. to register the names of the candidates
6. to prepare the ground for understanding between the candidates
and the voters
7. to issue the affidavits for the candidates
8. to issue the letters of accreditation [to the introduced
individuals]
9. to register the names of the individuals who are elected
to the Emergency Loya Jirga.
Article seven
Whenever, under certain conditions and circumstances,
the possibility to hold free and fair elections may not exist
in one of the constituencies, on the basis of the proposal
of those introduced by the people, or on the basis of the
assessment and the decision of the Regional Observation Center:
1. the elections are held fairly at an appropriate venue
2. when there are no possibilities for holding an election,
the representatives shall be appointed through selection by
the Regional Observation Center.
Chapter two - Procedures of convening
the elections and their observation
Article eight
The members of the Emergency Loya Jirga shall be elected
indirectly in two stages as follows:
1. In the first stage, in each constituency and with the
understanding of the Regional Observation Center, from 20
to 60 people are elected in the traditional way by the residents
of this constituency and are then introduced to the observation
team of that constituency.
2. In the second stage, the individuals introduced by the
residents freely, secretly and directly elect the members
of the Emergency Loya Jirga from amongst the candidates according
to the quota table at the defined venue (the center of the
constituency) in accordance with Article 7 [of these procedures].
Article nine
Each administrative unit (municipal ward, district, provincial
center without ward) shall be recognized as an electoral constituency.
Article ten
The elections in the constituencies shall take place in such
a way that the presence of the people and the observation
by the constituency observation team is possible.
Article eleven
1. The complete lists of names of the people introduced in
the constituencies shall be submitted to the Regional Observation
Centers within three days after the completion of the introductory
stage of the election of the representatives in the constituencies.
2. This list shall be submitted for dissemination at least
five days before the commencement of the second electoral
stage by the Regional Observation Centers.
3. The identification documents issued by the constituency
observation team shall be registered, signed and stamped by
the head of the Regional Observation Center.
Article twelve
After the announcement of the names of the individuals
introduced in the constituencies, the Regional Observation
Centers shall, within three days, assess written and documented
complaints against the introduced individuals and issue their
decision.
Article thirteen
The decision of the Regional Observation Center shall
be final.
Article fourteen
Whenever a Regional Observation Center takes the decision,
on the basis if its observations, that the election be repeated,
the election shall be held within five days after the issuance
of the decision according to the conditions stated in these
procedures. These elections shall be final.
Article fifteen
In the second stage of the elections each candidate adopts
an electoral symbol for his/her better recognition. This electoral
symbol shall be printed next to the candidate's name on the
ballot-paper.
Article sixteen
Anyone eligible to take part in the second stage of the
elections shall be given a sheet stamped and signed by the
Regional Observation Center as described in Article 15 of
the procedures, so that the individuals, after confirming
the name of their desired candidate, can cast their vote into
the ballot-box.
Article seventeen
After making sure it is empty, the ballot-box is locked
and sealed in the presence of the candidates. After the voting,
it shall be opened in the presence of at least two thirds
of the members of the Regional Observation Center in front
of the candidates and the votes shall then be counted.
Article eighteen
If two or more candidates get the same number of votes,
the winner shall be chosen by drawing lots.
Article nineteen
Within one day after the completion of the second stage
of the elections, the names of the individuals that have been
chosen in the constituencies shall be announced by the Regional
Observation Center.
Article twenty
Individuals that have complaints, or protests, against
the elections can submit those to the Regional Observation
Center within two days after the announcement of the results
of the second stage of the elections. Objections and complaints
must be written, documented and clear.
Article twenty one
The Regional Observation Centers shall announce their
decisions about the complaints within two day of receiving
them. These decisions shall be final.
Chapter three - Final provisions
Article twenty-two
Election observation officers shall not put themselves forward
as candidates in the constituencies.
Article twenty three
There shall be eight Regional Observation Centers, to facilitate
the electoral process, which shall be dissolved as soon as
they have discharged their allotted duties.
Article twenty four
Regional Observation Centers shall be established in the
following cities:
1 - Kabul
2 - Herat
3 - Kandahar
4 - Mazar-e Sharif
5 - Jalalabad
6 - Bamian and Ghazni
7 - Kunduz
8 - Gardez
Article twenty five
The first and second stages of the elections of the members
of the Emergency Loya Jirga shall, according to the time-table
prepared by the Regional Observation Centers, start on 24th
Hamal 1381 [equivalent to 13th April 2002] and shall end on
11th Jauza [equivalent to 1st June, 2002] of the same year.
Article twenty six
The logistical services including the provision of security,
salaries and transportation for the candidates and the representatives
and all other necessary facilities shall be provided by the
United Nations.
Article twenty seven
These procedures in three chapters and 27 articles shall
come into effect from the date of their approval by the Special
Independent Commission for the Convening of the Emergency
Loya Jirga and shall be published.
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