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  

Chapter one: 

General provisions 

Article one 

These procedures are enacted, according to the Bonn Agreement, to ensure the integrity of the elections, the free statement 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.

 

Procedures of convening the elections and their observation 

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.
  1. 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. 

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.