April 1, 2002
[WORKING TRANSLATION]
In the name of Allah, the compassionate, the merciful
PROCEDURES FOR THE ELECTIONS OF THE MEMBERS OF THE EMERGENCY LOYA JIRGA
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.
AFFIDAVIT
Declaration to be signed by all candidates for membership of the Emergency Loya Jirga
Before Almighty God, and in the presence of all those people here, I declare that I am fully cognizant of the electoral procedures for the Emergency Loya Jirga, that I subscribe to the values and principles of the Bonn Agreement, that I have no links to terrorist groups, that I am not involved in the spreading and smuggling of narcotics, abuse of human rights, war crimes, plunder of public property, smuggling of archeological and cultural heritage, that I have not been directly or indirectly involved in the murder of innocent people. Therefore I consider myself to be entitled and deserving to be a candidate for the Emergency Loya Jirga. In case of any breach of this declaration I am responsible for giving an account of myself.
Signature ________________________
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
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.
