First Observation Report on

Campaign Process of 2014 Presidential Election

(February 2, 2014-March 4, 2014)

Table of Contents Executive Summary: ...... 3

Methodology: ...... 4

General Situation: ...... 4

Violation ...... 6

1. Threats...... 7 2- Using government resources in the electoral campaign ...... 8 3 Negative Campaign and fanatical statements: ...... 10 Breach of Electoral rules for campaign: ...... 10

Presence of National & international observers and media ...... 11

Recommendations:...... 12

2 Executive Summary:

The Free & Fair Election Forum of (FEFA) as the largest election observer institution in Afghanistan observed Presidential Elections’ campaign since it kicked off on 2 February 2014. FEFA’s Long Term Observers are watching the Campaign period in all 34 provinces. This exercise is aimed to gage the electoral environment if its conducive for a free and fair elections and it seeks to promote transparency of the electoral process.

The observation findings of FEFA from 34 provinces of Afghanistan show that the security condition of some provinces negatively impacted the campaign programs of some presidential candidates. The findings show that majority of presidential candidates considered the insecurity as a major challenge for their open and much regular electoral campaign. The reports show that the campaigns of presidential candidates are mostly centered in major cities e.g. , Herat, Balkh and Kandahar. However, campaign activities through direct engagement of the candidates have been significantly limited in provinces like Helmand, Nuristan, Konar and Zabul, Oruzgan, Paktika and Khost.

In addition to challenges caused by security issues, the cold weather was another problem in conducting electoral rallies within the first month of electoral campaigns. The reports also show that due to cold weather and problems in highways the level of candidates’ campaign was low in cold climate provinces comparing to warm climate provinces. Some candidates could not establish their campaign office in cold climate provinces including: Bamyan, Daikondy, Badakhshan and Ghor.

FEFA’s observers have so far observed 123 campaign events of the presidential candidates. Among 123 events, FEFA’s observers have reported violations including threats, abuse of public resources and negative campaigns in 26 events. FEFA’s observers have also reported 300 cases of trespass of the Independent Election commission’s procedures of posting campaign materials

The Independent Electoral Complaints Commission (IECC) handled three complaints on the presidential candidates in an open session on February 16, 2014 and issued decisions. The IECC fined a candidate 5000 Afghanis, introduced another candidate to the Attorney General to present information on complaint against him and send a warning letter to another presidential candidate for using government resources in his campaign. Likewise, the Independent Election Commission issued warning letter to the three candidates for ignoring the campaign finance procedure and not providing to IEC their campaign banking information. Not having their finance representatives introduced to the IEC. The IECC urged them to observe the campaign finance procedure. Similarly, Ministry of Interior Affairs dismissed 8 of its officials as they were considered to have been violating principle of impartiality in while they announced they are in the process of investigating four others who are accused of interfering in the process. While FEFA

3 welcomes these measures by IECC and MoI, but it feels that further measures in terms of meaningful process of investigation in to the complaints by IECC is required.

Provincial Council campaign will kick off on 5th of March and campaign activities are expected to expand significantly, therefore, FEFA presents the following recommendations to the related institutions for improvement of the electoral environment in the second and last month of the campaign.

1) Ministry of Interior Affairs in cooperation with the National Directorate of Security must adopt effective and coordinated measures to maintain security of candidates and members of their campaign teams. Specific measures must be taken to maintain the security of female candidates. 2) The electoral commissions should publish the list of candidates who abuse government resources and to prevent using government resources, they must take the necessary measures. 3) The Independent Election Commission should publish the list of candidates who ignores the campaign financing procedures. 4) The Independent Electoral Complaints Commission should sanction the candidates who campaign negatively and express hate statements. 5) Government of Afghanistan and international community must help the Independent Electoral Complaints Commission in establishing its provincial offices and creating the necessary capacity for observing the campaign financing.

Methodology:

The Free and Fair Election Forum of Afghanistan (FEFA) observes the presidential elections campaign throughout the country since 2 February 2014. FEFA deployed 200 long-term observers in 34 provinces of Afghanistan. FEFA’s LTOs are trained and are provided with standardized questionnaires. A data base that helps in data analyses is designed. FEFA’s observers focus on implementation of electoral rules &procedures and candidates & voters equal access to their political rights.

Records of observers monitoring are reported to FEFA’s reporting office for compilation and analyses of the data. Most of the reports are verified further by sharing the findings with IEC and other stakeholders

General Situation:

FEFA’s LTOs from the provinces reported an increased level of security concerns among campaign workers, mostly driven from Taliban’s statement that they will disrupt the electoral process. The observation findings of FEFA show that number of security incidents occurred within first months of the campaign period of 2014 Presidential elections. Those included assassination and attacks on campaign workers. But data suggests that level of violence and

4 security incidents related to the elections is lower comparing with the 2009 presidential elections, LTOs reported that most of the campaign offices were not open in major part of the country with first offices that opened and campaign related activities started only after the first week of the campaign period., Absence of campaign activities are observed specially in number of districts of east and south of the country that are considered insecure almost three weeks after the campaign kicked off. The election related activities and campaigns has largely focused to the center of major provinces like: Kabul, Herat, Balkh, Kandahar and Nangarhar. However the level of campaign programs was low in Helmand, Nuristan, Konar, Zabul, Oruzgan, Paltika and Khost due to security problems.

The observation findings show that since beginning of the campaign process 5 members of the campaign teams of presidential candidates are killed in different provinces of Afghanistan. FEFA’s observers have reported that occurrence of security events have negatively impacted the process. Below is the list of security events that occurred within first month of the process.

Number Province Kidnap Number of Injured Assassination Threat murdered attempt 1 Kabul 0 0 0 1 0 2 Herat 0 2 0 0 1 3 Samangan 0 0 0 0 2 4 Sar-Pul 0 1 0 0 0 5 Oruzgan 0 0 0 0 1 6 Baghlan 0 1 0 0 0 7 Paktika 0 0 0 0 1 8 Kandahar 0 0 0 0 1 9 Faryab 0 1 0 0 0 Total 0 5 0 1 6 The above chart shows that two members of the campaign teams were killed in Herat province, one in Sar-Pul, one in Baghlan province and one in . At the same time one case of direct attack against a presidential candidate and one case of threatening a presidential candidate is recorded.

The observation findings show that within first and second week of the campaign process no electoral gathering was held in provinces of Bamyan, Diakondy, Badakhshan and Nuristan and no campaign materials like posters and billboards were seen on public displays in the mentioned provinces. Based on reports, the security condition of Kamdish, Bargmatal and

5 Mandol districts of Nooristan province was concerning and the Taliban active presence on Konar- Nuristan highway hindered most of the planned activities of different campaigns. Likewise, in Farah province the Taliban were checking people to find electoral documents.

LTOs reported that provinces like Bamyan, Daikondy, Badakhshan and Ghor was also quite in terms of election campaign related activities and the cold weather affected the rallies.

FEFA’s LTOs also reported that civic education activities carried by IEC is not extensive and many districts specially in the south has been reported with significantly low level of awareness of electoral process and electoral timeline.

Violation

Violation is intended ignorance and breaching of the electoral rules and procedures to negatively impact the process and based on the electoral law the violators should be sanctioned.

According to the law the Independent Electoral Complaints Commission (IECC) is the responsible body for adjudication of the complains and sanctioning of those who breaches electoral rules. The issues such as threatening candidates and members of their campaign teams, interferences of government officials in electoral affairs, misusing of government resources, citing hate speeches and religion, ethnic and language discriminations are considered violation of electoral law.

6 Among 123 campaign event that FEFA’s observers covered they have reported 6 cases of threats including direct attack on candidates or their campaign teams and distribution of warning letter against the candidates by the Taliban . At the same the observers have reported 15 cases of usign government resources in elections campaigns. FEFA’s LTOs also reported

6 incidents of negative campaigning and hate speeches.

1. Threats

FEFA’s Observers have recorded 6 cases of threats including direct attacks on candidates & their campaign teams and warning candidates. These threats includes direct attacks on candidates and their campaign teams, distributing warning letters to candidates and hampering holding candidates electoral programs.

The observation reports show that on January 31, 2014 in Feroz Nakhcher district of - two campaign teams threatened each other while establishing their campaign offices. - Likewise, in Orozgan, Takhar, Paktika, Kandahar and Ghor provinces unknown individuals distributed threatening letters to public. .

- Similarly, in Chori district of Orozgan province unknown armed people warned the campaign team of a presidential candidate to not campaign in this district.

- Similarly, on February 19, 2014 in unknown armed people tear up the big photo a presidential candidate which was hang in a billboard near Takharistan Pump station.

- While, in Paktika province Taliban distributed letters against a presidential candidate and warned him to not activate his campaign office in this province. - On January 22, 2014 in Kandahar province unknown people distributed letter against a presidential candidate and warned to no campaign. - On February 1, 2014 police arrested eight people accused of being members of Pakistan Intelligence Services which were distributing warning letters in Hassankhil region of Pulkhomri city and threatening people to not take part in election. - In Kandahar, the campaign team of a presidential candidate said that head of provincial council has threatened them to not hold electoral events in this province.

7 2- Using government resources in the electoral campaign

Based on the electoral law intervention of government officials or using government sources in campaign is an obvious violation. The most important principles are including:

1) Observe NO direct or indirect intervention of government officials for advantage disadvantage of a specific candidate. 2) Observe NO government officials’ intervention in meetings, gatherings and peaceful demonstrations 3) Preventing government officials from preference behavior or criticizing for advantage of a candidate. 4) Preventing to use government resources for advantage or disadvantage of a candidate.

According to FEFA’s LTOs reports in most of provinces public officials have used used government resources or facilities—in a very limited way-- in favor of presidential candidates’ campaign. These resources included police and Army’s vehicles use, holding gatherings in government owned facilities that is not allowed to be used for compiagn unless its equally provided to all candidates. Attendance of senior government officials and military officials in the campaign of candidates. It was reported that in at least 15 campaign events government resources were used in favor different candidates.

The observation reports from Kabul, Parwan, Herat, Jowzjan, Kandahar, Faryab, Badghis, Sre-Pul, Paktika, Ghor, Farah, Takhar, Logar, Nangarhar, Baghlan, Konduz and Zabul shows that officials used public resources in favor of their supported candidates for their campaigns.

On February 2, 2014 head of security and principle of Kart-Sul school of Bamyan province inaugurated the campaign office of a presidential candidate where two high ranking police officials also attended. Likewise: In Kabul province two presidential candidates held two separate gatherings in Loy Jirga tent where government officials and security officials attended where police vehicles were used to transfer participants of the gathering. Similarly, in Kandahar province chief of security of Kandahar province along with the elders of Helmand, Zabul, Orozgan and Kandhar announced their support for a presidential candidate. Likewise, head of Red Crescent of this province holds gathering in this institution in official days to attract people’s support for a specific candidate. A provincial council candidate of Kandahar province is working as head of Rural Rehabilitation Department of

8 this province and uses government vehicles in campaign for a presidential candidate. The Kandahar public radio-television has been allocating disproportionate amount of airtime for campaign adds of a specific candidate more than other candidates. Some candidates and members of their campaign teams criticize recent employments of the IEC in Konduz province and say that these employments have taken place in contradiction to article 10 of constitution and will create irregularity and injustice in election. Likewise, the observation findings of FEFA show that head of the Urban Development Department of Zabul is an active member of a campaign team, where the fear of abuse of public resources in favor of the campaign is noticeable in other campaigns about him. In Paktika, Sar-ePul and Parwan provinces government officials used government resources for favor of candidates. Likewise, in Herat province head of Ulema Council and head of Herat provincial council uses government vehicles and resources for favor of a candidate. In Farah province, police officers attended the campaign gatherings of presidential candidates. In Takhar province head of the Information and Culture Department of the province and head of private sector encouraged a group of youth to vote to a the candidate they want. The Chief of Police of Warsge district of Takhar province gave speech and urged people to vote to a specific candidate. Likewise, the principle of Taka Temozai school of Tangy Farkhar district distributed the photos and posters of a presidential candidate in school. Some government officials including advisor of governor were seen in campaign of a presidential candidate. Simililarly, speaker of upper house and some representatives of Nagarhar in Wolesi Jirga held a gathering for favor of a candidate by using government vehicles and sources. The Chief of Police of Ali Abad District of Konduz province and some other government officials attended the campaign gathering of a presidential candidate. An advisor of Ministers’ Council, an official of Education Department and the Deputy of Education Department held a gathering in Tora Baz Khan Hotel in Kundoz and announced their support for a presidential candidate.

9 3 Negative Campaign and fanatical statements: According to the electoral law negative campaign and fanatic statements of presidential candidates is an obvious electoral violation and the violator should be prosecuted. FEFA’s observers have reported 6 cases of negative campaign and fanatical statements among 123 campaign gathering they covered.

Observer of FEFA reported from Ghor Province that the campaign team of a presidential candidate Insulted campaign team of another presidential candidate which faced serious reaction of the other team.

In Bamyan province, campaign team of a presidential candidate accused the campaign team of another candidate claiming that negative campaign had taken place in Shahedan district of Bamyan by the latter one and immoral statements were used during the campaign.

Breach of Electoral rules for campaign:

The IEC procedure for the campaign assigns and clarifies locations and sites where campaign materials could be displayed. These includes hanging candidate posters in unauthorized locations, hanging posters on posters of other candidates or hanging posters in the property of people without their permission.

FEFA’s observers reported 300 cases of breach of electoral procedure for campaign material display in different provinces of Afghanistan. FEFA’s observers have observed that most of candidates had cases of ignoring the electoral procedures including the procedure on financial issues of the campaigns, and the procedure on media.

Almost in all provinces candidate’s campaign offices hanged or posted campaign materials on the walls of people’s shops without their permission..

In contradiction to the procedure the posters of a presidential candidate was hanged on the entrance door of municipality of city whereas the other candidate didn’t have the chance to hang their posters in mentioned place. In Maidan Wardak province the candidate hanged their posters on government billboards without municipality’s permission.

In Konduz province the posters of some presidential candidates were hanged on electricity stands and schools walls. Both places are prohibited by the electoral procedures for campaign materials display.

10 Presence of National & international observers and media FEFA’s LTOs reported a very minimum number of other domestic observers, but none of international long term observers in provinces, but local media is highly engaged both at the national and provincial levels. The media content on elections vary from presidential debates to current affairs talk shows and live coverage of presidential campaign rallies from the provinces. The table below shows the observation coverage of national & international observers and media.

Name N Name N Name N Name N Paiwastoon 3 Pazhwak radio 3 FEFA 200 National Partnership 1 radio org National TV 2 Faryab TV 3 Ariana TV 17 Anis newspaper 1 Noor TV 1 BBC 2 Lemar TV 1 Radio peace 1 Amu Radio 1 Saday Melat Newspaper 1 Kabul News TV 1 Khost local radio 2 Tolo TV 3 Melma radio 2 The Youth TV 2 The Helo Karwan radio 1 Balkh National 2 Farah TV 2 Paiwand radio 1 Ayna TV 7 TV Arzu TV 2 Tamana radio 2 Owranga radio 1 Safer TV 4 Pashton Ghazh 1 Azadi Shamal radio 1 Merman radio 1 Mehraban TV 2 radio National Radio 1 Maimana radio 1 Alam radio 1 Rah-e-Farda TV 2 Takhar National 2 Jahn ma cable 1 1 TV S Noorin TV 3 TV Zabul national 2 Hewad TV 1 Bakhtar agency 1 Ariana Balkh TV 2 radio&TV Bator TV 8 Zhowandon TV 1 Mehar TV 2 Negah TV 2 Civil Society network 2 Bamyan radio 2 Salam 2 Human rights 2 Independent 5 Watandar Radio journalists

11 Recommendations:

Based on its observation findings from first month of the presidential electoral campaigns, FEFA considers the process positive and for solving the existed shortcomings present the following recommendations:

1- The observation findings of FEFA show that some candidates or members of their campaign teams were seriously threatened through warning letter and even some of them were killed or injured as a result of direct attacks. The security events negatively impacted on the moral of campaigners and it can be seen in the activities of campaign teams therefore:  FEFA recommends Ministry of Interior Affairs and National Directorate of Security to adopt effective and coordinated measures to maintain the security of members of campaign teams, campaign gatherings and campaign participants to prevent occurrence security events, assassination attempts, kidnapping and threatening candidates and members of their campaign teams in remote regions and provinces.  Likewise, its recommended to the security forces specially detective authorities to try their best to prevent distribution of warning letters to the candidates, members of candidates campaign teams and participants of electoral gatherings to avoid occurrence of security events in the electoral campaigns.  Increasing security patrols in districts and highways during the electoral gatherings to neutralize the measures of insurgents and prevent occurrence of security events.  Ministry of Interior Affairs should train the body guards of the presidential and provincial council candidates and deploy special security guards for female candidates to maintain their security while commuting to remote areas.  Security institutions should establish a 24 hours contact system among the female candidates and local security institutions to review the security problems of candidates coordinately and on time. 2- The observation findings of FEFA show that within first month of the electoral campaign some candidates used government sources illegally and to prevent illegal usage of government sources it is recommended:  FEFA not only appreciates the measure of Ministry of Interior Affairs regarding dismissal of the security officials who campaigned for specific candidates but also urges it to ensures its officials impartiality since its officials impartiality strengthens the validity of process.  The government related institutions in the process (Ministry of Interior Affairs, The Directorate of Local Agencies, Municipalities, government media) should institute internal controlling mechanism and implement it to identify the violators punish them and introduce them to the Independent Electoral Complaints Commission. 3- FEFA believes, observing the principle of political finance of candidates is an important issue during the electoral campaign and its observance can strengthen the process but as seen some presidential candidates ignore the accountability and political finance reporting obligation which damages the political finance affairs of candidates, henceforth its recommended:  The Independent Election Commission publishes the list of candidates who do not share their financial reports with the commission on the specific time.

12  The Independent Election Commission should create the necessary capacity in center and provinces and through implementing the rules and procedures control the financial affairs of candidates.

4- Negative campaign and fanatic statements of candidates against each other is an obvious violation which negatively impact the campaign process therefore it is recommended:  The Independent Election Commission and the Independent Electoral Complaints Commission adopt the necessary measures to prevent negative campaign and fanatic statements of candidates.  The electoral commissions should oversight the campaign programs of candidates and urge them to prevent from negative campaign and fanatic statements  The candidates who campaign negatively and have fanatic statements should be prosecuted. 5- Delay in establishment of provincial offices of the Independent Electoral Complaints Commission has limited people’s access to the Independent Electoral Complaints Commission and also the Independent Electoral Complaints Commission could not prosecute and handle some of the electoral violation cases due to lack of capacity in the Electoral Complaints Commission for observing the financial affairs of candidates henceforth, the government and international community should help the commission to create the necessary capacity for observing the financials affairs of candidates and establish its provincial offices. 6- Observation role of international community ensures transparency of election so, the International community should increase its engagement by:  Increasing their observation mission in electoral campaign, Election Day and vote counting process to ensure international legitimacy of election.  Providing additional funding and technical assistance to national CSO observer organizations;  Supporting the recommendations of national CSO observer organizations and advocating their uptake by the IEC and other relevant organizations regarding reforms electoral process.

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