Parliament's Perception on Electoral Reforms

Home , Ahmadzai (Wazir clan), Mamozai, Sherzad (Pashtun tribe)

Free and Fair Election Forum of Afghanistan

Parliament’s Perception on Electoral Reforms 2015 Parliament’s Perception on Electoral Reforms

Acknowledgements

FEFA would like to thank everyone who contributed to the accomplishment of this report. A debt of gratitude is owed to the esteemed members of parliament from both Houses who contributed their time and knowledge to the achievement of this valuable report, and to all FEFA staff members who led this process from data collection to data analysis and to the realization of this document. Finally, FEFA gratefully acknowledges the support and cooperation of the Secretariat of the Wolesi Jirga, especially the Deputy Secretary Mr. Ghalib, for facilitating the interviews with the MPs. FEFA would like to extend special appreciation to all the political parties, civil society organizations and field experts who took part in this survey and shared their valuable thoughts with us.

Parliament’s Perception on Electoral Reforms

Foreword

Afghanistan’s troubled 2014 elections indicated that there is still need for reforms at grassroots, as challenges exist in great scale and will threaten the credibility of upcoming elections, if not mitigated in advance. Agreement on establishment of National Unity Government, inter alia, emphasizes on reform of the electoral system and urges the leaders of the government to bring fundamental changes to the system ahead of the upcoming parliamentary elections.

In democratic countries, reforms occur to further strengthen democratic principles. Institutions learn from their past programming, and bring appropriate reforms by refining their existing strategies and building upon the best practices. When institutions lose integrity, in order to build their capacity and reclaim their credibility, an independent institution is assigned to identify the problems and refine their strategies. Afghanistan post 2014 election needs a special commission to reform its electoral system and bring fundamental changes to the structure of electoral commissions.

Over the past decade, electoral commissions and the Afghan government have lost many chances to build a strong electoral system, develop standard legal framework and fill in the gaps that have repeatedly threatened the credibility and integrity of elections. Prior 2014 elections, fundamental changes were needed to prevent another challenging electoral process. However, elections were once again held under deeply flawed election laws that were passed and approved by the National Assembly and signed by the president. A short timeframe didn’t allow the electoral commissions to conduct a comprehensive assessment of their existed capacity and resources, and to put in place measures that would help the commissions hold free and fair elections.

Today, we are in the same position that we were six years ago, after the 2009 Presidential Elections. However, there is one thing that sets these two timelines apart, and that is the promise of the NUG to the people of Afghanistan and the international community to bring reforms to the electoral system and develop a standard legal framework. Establishment of electoral reform commission is the first step in this intensive reform process. Though, after exhaustive disagreements between the leaders of NUG, the electoral reform commission was established on March 2015, the commission has yet to have an elected head and to begin its work. The Afghan people and civil society organizations are already starting to lose trust on government’s commitments on electoral reform.

At this very critical moment, the Afghan government, electoral commissions, legislative and law enforcement bodies, national election observation organizations, the international community and media must cooperatively work to help preserve and strengthen democratic values in Afghanistan. Together, these actors can win public confidence in the process and in electoral commissions and contribute significantly to the success of the upcoming elections.

Mohammad Yousuf Rasheed Executive Director of Free and Fair Election Forum of Afghanistan

Parliament’s Perception on Electoral Reforms

Table of Contents

ACKNOWLEDGEMENTS I FOREWORD II TABLE OF FIGURES V ACRONYMS VI EXECUTIVE SUMMARY 1 I. INTRODUCTION 3 II. THE ELECTORAL REFORM COMMISSION 4

A. STRUCTURE OF ELECTORAL REFORM COMMISSION 4 B. POTENTIAL ACHIEVEMENTS OF THE ELECTORAL REFORM COMMISSION 4 1. DEVELOPING A NATIONAL STRATEGY FOR ELECTORAL REFORM 5 2. PATHOLOGY OF BARRIERS TO FREE ELECTIONS IN 2014 5 3. REVIEWING LEGAL FRAMEWORK FOR ELECTIONS AND REASSESSING THE STRUCTURE OF ELECTORAL COMMISSIONS 6 C. COLLABORATION BETWEEN THE ELECTORAL REFORM COMMISSION AND THE STAKEHOLDERS 6 III. PRECONDITIONS CRITICAL FOR UPCOMING ELECTIONS 7

A. ELECTION LAW 7 1. ELECTORAL SYSTEM 7 2. POLITICAL PARTIES IN PARLIAMENT 8 3. CONDITIONS FOR WOMEN’S POLITICAL PARTICIPATION 11 4. EFFECTIVE APPROACHES TO MITIGATE ELECTORAL FRAUD 12 5. CAMPAIGN SPENDING LIMITS 13 6. CAMPAIGN CONTRIBUTION LIMITS 14 B. THE LAW ON THE ORGANIZATION, DUTIES AND AUTHORITIES OF THE ELECTORAL COMMISSIONS 15 1. STRUCTURE 15 2. NOMINATION AND ELECTION OF ELECTORAL OFFICIALS 15 3. RECEIVING INDIVIDUAL VOTE OF CONFIRMATION FROM THE PARLIAMENT IN CASE OF CHANGING ELECTORAL LAW 16 4. MEMBERSHIP AND DISMISSAL OF MEMBERS 17 5. DEFINING THE SALARY AND BENEFITS OF ELECTORAL OFFICIALS IN ELECTORAL LAWS 18 6. DEFINING THE DUTIES AND RESPONSIBILITIES OF ELECTORAL OFFICIALS IN ELECTORAL LAWS 19 7. HOLDING ELECTORAL COMMISSIONS ACCOUNTABLE BY PRESENTING ANNUAL AND POST-ELECTION REPORT 21 8. ADJUDICATION OF ELECTORAL COMPLAINTS 21 9. SETTING UP PROVINCIAL ELECTORAL COMMISSIONS 22 10. FORMING JOINT COMMISSIONS TO DECIDE ON CONTROVERSIAL ISSUES 23 11. INTERNATIONAL OBSERVERS AS MEMBERS OF INDEPENDENT ELECTORAL COMPLAINTS COMMISSION 23 IV. CHALLENGES AHEAD OF THE PARLIAMENTARY ELECTIONS 24

A. SECURITY CHALLENGES 25 B. LACK OF PUBLIC CONFIDENCE IN ELECTORAL COMMISSIONS 25 C. INTERVENTION OF LOCAL POWERBROKERS IN THE ELECTION PROCESS 25 D. VIOLATION OF THE CODE OF CONDUCT BY ELECTION OFFICIALS 25 E. FINANCIAL CHALLENGES 26

III

Parliament’s Perception on Electoral Reforms

F. LACK OF PARTY SYSTEM 26 V. THE ROLE OF INTERNATIONAL COMMUNITY IN UPCOMING ELECTIONS 27 VI. CONCLUSION 28 METHODOLOGY 30

A. DESK REVIEW 30 B. SURVEY (QUESTIONNAIRE) 30 1. SAMPLING 30 2. PILOT TEST 30 C. INTERVIEW 30 D. FOCUS GROUP 31 ANNEXES 32 ANNEX 1: SOURCES USED 32 ANNEX 2: SEMI- STRUCTURE INTERVIEW QUESTIONS 32 ANNEX 3: FOCUS GROUPS 33 ANNEX 4: QUESTIONNAIRE 35 ANNEX 5: LIST OF SURVEYED MPS 47 ANNEX 6: FOCUS GROUPS PARTICIPANTS 50 ABOUT THIS REPORT 52

Parliament’s Perception on Electoral Reforms

Table of Figures

Figure 1: Expected Results from Work of Electoral Reform Commission ...... 5 Figure 2: Cooperation with the Electoral Reform Commission ...... 6 Figure 3: MPs nomination in upcoming election ...... 9 Figure 4: Changing the electoral system to strengthen presence of political parties in parliament.... 10 Figure 5: Easing the conditions of candidacy for women ...... 11 Figure 6: Recommendations on How to Deal with Those Who Perpetrate Fraud & Violations ...... 13 Figure 7: Specifying the expenditure amount of campaign ...... 14 Figure 8: Restricting financial donations of natural and legal persons to candidates pave the ground for better competition among candidates ...... 15 Figure 9: Conditions for Selecting Members of Electoral Commissions ...... 16 Figure 10: The method of receiving vote of confidence from parliament ...... 16 Figure 11: Beside the conditions mentioned in the law, other conditions must be considered for dissmissal of commission members ...... 18 Figure 12: The Body that Has Authority of Dismissing Members of Commissions ...... 18 Figure 13: The need for defining the salary and benefits of electoral commissioners in electoral law19 Figure 14: Necessity for decreasing the members of commissions ...... 19 Figure 15: Assigning each member in a specific area increases their work efficiency and their accountability ...... 20 Figure 16: The need for specifying of the duties and responsibilities of head of secretariat of IEC in the law ...... 20 Figure 17: The need for presenting annual hearing report and report after each election ...... 21 Figure 18: Open decision making of IECC can increase transparency and satisfy parties ...... 22 Figure 19: Changing the provincial offices of IEC to provincial commissions can help in better management and increase transparency ...... 22 Figure 20: Who should make the final decisions when there is dispute among the electoral commissions ...... 23 Figure 21: Presence of two international observers at the IECC can increase transparency of IECC performance ...... 24 Figure 22: Major problems for candidates ...... 25 Figure 23: The role of International Community in Upcoming Election ...... 27

Parliament’s Perception on Electoral Reforms

Acronyms

FEFA Free and Fair Election Forum of Afghanistan

MP Member of Parliament

NUG National Unity Government

CSO Civil Society Organization

IEC Independent Election Commission

IECC Independent Election Complaints Commission

CEO Chief Executive Officer

ToR Terms of Reference

UN United Nations

SNTV Single None-Transferable Vote

HQ Headquarters

Parliament’s Perception on Electoral Reforms

Executive Summary

“To ensure that future elections are fully credible, the electoral system (laws and institutions) requires fundamental changes” Article 5, National Unity Government Agreement

On February 26, 2015 FEFA conducted a survey to gather the views of 125 MPs on electoral reform process and identify potential challenges that could undermine legitimacy and credibility of the Parliamentary Elections. In-person interviews were conducted and the findings were discussed in more depth with MPs, political parties and civil society organizations at three consecutive focus group discussions that were held in FEFA. The major findings are outlined below:

1. Establishment of electoral reform commission can help rebuild public confidence and convince the international community that there is still will for conducting free and fair elections. 64% of the survey respondents say development of a national strategy for electoral reform is one of the most important responsibilities of the electoral reform commission followed by a comprehensive assessment of the previous elections that was considered important by 53% of the MPs. 39% of the respondents say revision of the electoral system should be a priority for the commission.

2. Cooperation of all stakeholders (national & international election observation organizations and government institutions) with the electoral reform commission would ensure transparency and inclusiveness of the process. Therefore MPs says that CSOs, NUG and parliament are the most important stakeholders that must work cooperatively with the reform commission for the success of the process.

3. 69% of the respondents say they are ready to run for office again in the upcoming parliamentary elections. 26% of the respondents say they have yet to make any decisions. Only 7% of the 69% are associated to political parties. Based on this survey, 60% of the respondents say there is a need for change in the electoral system. They say it is time to strengthen political parties who have had a passive voice in the government and parliament in the past decade. 34% of the respondents say 100 to 200 seats of Wolesi Jirga should be allocated to political parties. FEFA discussed this issue with MPs, political parties and CSOs at the focus group discussions and noted that changing electoral system to strengthen political parties is critical and must be taken into consideration by the electoral reform commission.

4. In this survey, 42% of the respondents say conditions for candidacy must change for women candidates given the social and economic barriers. 58% of the respondents disagree with this notion of change in the conditions of candidacy and say conditions must stay the same for men and women candidates. 83% of those who disagree are male MPs. At the focus group discussions with MPs, participants associated barriers to women’s participation with traditional attitudes and behaviors. When CSOs and political parties were asked to give their views on this issue, most of them say women are socially and economically more vulnerable than men, therefore, conditions for candidacy must be amended in order to give more chance to women to participate in the process.

5. Respondents of this survey demand for a clear definition of electoral crimes in the Afghan criminal law. They ask for more severe punishment e.g., imprisonment for the perpetrators of electoral fraud and violation. Establishment of Electoral Court to handle electoral complaints was another recommendation made by 28% of the respondents. 85% of the respondents ask for limitation on electoral campaign 1

Parliament’s Perception on Electoral Reforms spending and say that the perpetrators must pay a sum proportional to the percentage they have overspent and surpassed the threshold in their campaigns. 78% of the respondents ask for limitation on financial contributions of natural and legal persons to candidates. Only 18 % of the respondents disagree with any type of restriction on campaign spending and contributions.

6. A majority of respondents (52.5%) say that having experience in electoral affairs must be a condition for the members of the electoral commissions. 64% of the respondents say candidates nominated for electoral commissions must individually receive vote of confirmation from Wolesi Jirga. At the focus group discussions, some MPs pointed to vote of confidence that needs to be claimed by the members nominated for electoral commissions and introduced to the Parliament. In this survey, 69% of the respondents say, if an electoral official misuses her/his position and/or authority, he/she must be dismissed. This criterion should be added to the conditions for dismissal of electoral officials.

7. When asked about the number of electoral officials, 25% of the respondents say a decrease in the number of officials would increase the efficiency of work. 70% of the respondents say development of a specific scope of work for commissioners would strengthen their performance. 98% of the respondents say it is very important to have a clear outline of the duties and responsibilities of the head of the Secretariat in the law. 95% of the respondents say the salary and benefits of the electoral officials must be explicitly defined in the law.

8. Respondents say that the electoral officials must present annual or post-election reports to the Parliament in order to increase the transparency and accountability of their respective commissions. Respondents also believe that if electoral commissions make their reports accessible to the public through their websites or other media outlets, there is a chance that public confidence would increase.

9. 81% of the respondents say that the Electoral Complaints Commission must hold public hearings and open its decisions making sessions to the media and observers.

10. Relative majority of the respondents (48%) say that replacing the provincial offices of Election Commission to Provincial Election Commissions would give more authority to the commission to monitor the progress of work at provincial levels.

11. 54% of the respondents say a joint committee should be established to resolve disputes among the electoral commissions and make the final decision.

12. 64% of the respondents say that the presence of two international members at the Electoral Complaints Commission (with no right to vote) can help increase transparency and accountability of the commission.

13. Most of the respondents say that, if electronic identification cards are not distributed, elections will inevitably face challenges. Security challenges, lack of impartiality in electoral commissions, and lack of management capacity are considered major problems before the upcoming parliamentary elections.

14. MPs say that the international community can play an important role in the Afghan elections not only by funding the process, but also by providing technical and logistics assistance to electoral commissions.

Parliament’s Perception on Electoral Reforms

I. Introduction

The third Afghan presidential election was held on April 2014 with an unprecedented voter turnout. Afghans, despite serious security threats went to the polls and casted their votes. In contrast to public expectation, the IEC failed to announce the results on time, which was the first alarming sign of a flawed process. In the first round, none of the candidates were able to win the majority (50+1) of votes that led to runoff elections. The two frontrunners competed in the second round, however, due to massive fraud, lack of transparency in adjudication of electoral complaints and intervention of government officials in the process, the run-off process brought no concrete results. The electoral commissions (the IEC and the IECC), as a result, lost their credibility to the public and to their national and international stakeholders.

The intervention of the international community and the government of the United States led to signing of an agreement between the two candidates that ended up in establishment of the National Unity Government. The agreement signed on 21 September 2014 comprises seven articles. Article 5 of the agreement emphasizes on electoral reform i.e., amending of the electoral laws, and restructuring the election management bodies. On 2 March 2015, based on article 5 of the political framework, President Ghani established a commission to reform the electoral system by issuing a presidential decree.

The ever-present violence that accompanies elections in Afghanistan coupled with flawed legal framework and weak election administration has necessitated the need for critical review of democratic process in Afghanistan; hence a demand for the entire makeover of the system that govern elections to be reformed.

According to the Afghan constitution, the parliamentary elections should have been held between May and June of 2015, but holding another round of elections without reform of the electoral system can be very challenging and again a flawed process. The electoral reform commission must begin its work, study and amend the electoral system prior to holding the upcoming parliamentary elections in order to rebuild public confidence in the process. This survey uncovers a wide range of areas that are in need of systematic reform in the long run. For the upcoming parliamentary elections to be transparent, however, implementation of short-term reforms is mandatory.

Parliament’s Perception on Electoral Reforms

II. The Electoral Reform Commission

Based on article 5 of the NUG political framework, an electoral reform commission would be established immediately after the establishment of the National Unity Government. President would establish the commission by issuing a decree and appointing the members in consultation with the CEO of National Unity Government. The commission will report to CEO on the progress of its work and subsequently, the reports and recommendations of the commission will be discussed in cabinet meetings.

On 2 March 2015 President established the electoral reform commission through a presidential decree.

A. Structure of Electoral Reform Commission

Six months after the establishment of National Unity Government, President issued decree (number 68) on March 2, 2015 and established the electoral reform commission. The working duration of the commission is predicted four months based on article 6 of the Terms of Reference, but it is extendable by a presidential decree. The commission will organize its activities according to the ToR attached to the presidential decree. The ToR comprises 10 articles. According to article 3 of this document, the commission will organize its recommendations in the following order:

1. In the short run, recommendations will be made specifically for the upcoming parliamentary and districts council elections;

2. In medium-term, the recommendations will be drafted exclusively for the presidential elections and;

3. In long-term, the recommendation will address mechanisms for better management of elections in Afghanistan.

The election reform commission is composed of fifteen members (four from Dr. Ghani’s team, four members from Dr. Abdullah’s team, four representatives of the civil society, two from the government and one representative of the UN).

There is a great emphasis on the qualifications of the members. Having experience in electoral affairs and the knowledge of electoral complaints adjudication are stated as two main criteria for the members in the presidential decree. However, some of the members appointed to the commission do not meet the criteria and are therefore not eligible members of the commission.

B. Potential achievements of the Electoral Reform Commission

The establishment of electoral reform commission is a positive step toward rebuilding public confidence in election process. The commission can also strengthen political will of the government by reinforcing democratic principles. Reforming the election system will not succeed unless the culture of impunity is not weakened and the rule of law is institutionalized. The government must support the electoral reform commission to strengthen peaceful transition of political power through democratic processes. Based on FEFA’s recent survey with the members of parliament, the three important and extremely critical outcomes of the electoral reform commission are: 1) development of a national strategy for electoral

Parliament’s Perception on Electoral Reforms reform 2) a thorough analysis of the previous elections and 3) revision of electoral framework including electoral laws and the structure of the election administration bodies.

Expected Results from Work of Electoral Reform Commission (up to three answers)

other 13%

Seperating the roles of involved institutions to ensure… 8% Holding of upcoming election 9% Specifying the Short-term and long-term purposes of… 16% Monitoring the holding of upcoming election 27% Electing new members for commissions 38% Revision of electoral framework including electoral… 39% A thorough analysis of the previous elections 53% Developing a national strategy for electoral reform 64%

0% 20% 40% 60% 80%

Figure 1: Expected Results from Work of Electoral Reform Commission

1. Developing a national strategy for electoral reform

The strategy must include all the procedural and conceptual approaches for holding free, fair and transparent elections in Afghanistan. The strategy must be developed based on the lessons learned from previous elections and in consultation with election domestic and international experts. Nationwide public awareness programs targeting civic and voter education must be a part of the strategy. School and university curricula must include lessons on elections to enable students to learn about the fundamentals of the process. Based on the survey, 64% of the respondents say that development of a national strategy for electoral reform must be one of the main objectives of the electoral reform commission.

2. Pathology of barriers to free elections in 2014

Afghanistan has experienced three presidential elections, two parliamentary elections and three provincial council elections that have showcased both the positive and negative aspects of the process. These lessons learned must be put in use for appropriate reform of the system for future elections. The analysis of lessons learned must address the weaknesses of the election system, determine the role of the election observers, identify polling stations, address the incidents of intervention by government officials and local powerbrokers, and evaluate the methods of election management and electoral complaints adjudication. 53% of the respondents say that analyzing the barriers and recommending appropriate solutions would contribute to holding credible elections in the future.

Parliament’s Perception on Electoral Reforms

3. Reviewing legal framework for elections and reassessing the structure of electoral commissions

Lack of sovereignty, low capacity to properly manage electoral crisis and politicization of electoral issues, are some of the major problems electoral commissions have repeatedly faced during election processes. Therefore, electoral reform commission must review all the policies, procedures and regulations of the electoral commissions, in order to develop recommendations that address the challenges and shortcomings. Those who committed electoral offences must be prosecuted based on the laws. Almost 39% of the respondents suggested that revision of electoral laws must be a priority for the election reform commission.

C. Collaboration between the electoral reform commission and the stakeholders

Electoral reform process is a special process that requires cooperation of all election stakeholders including national and international election observation organizations, government institutions and electoral commissions. With the help of stakeholders, electoral reform commission will be able to build public confidence and assure candidates of a transparent and credible process. The respondents say that civil society organizations, National Unity Government and the Parliament can play a significant role in the electoral reform process.

Cooperation with the Electoral Reform Commission (up to three answers)

I prefere not to answer 1% All people 1% International community 3% Political parties& coalitions 16% Independent Electoral Complaints Commission 28% Media 32% Independent Election Commission 38% Parliement and representatives of people 48% National unity government 50% Civil society organizations 60%

0% 10% 20% 30% 40% 50% 60% 70%

Figure 2: Cooperation with the Electoral Reform Commission

Parliament’s Perception on Electoral Reforms

III. Preconditions critical for upcoming elections

For holding free and fair elections, strong will is required from the government to observe and support every stage of the process. The role of representative, inclusive and active political parties is pivotal in credibility of the elections. Flawed electoral laws, biased and unprofessional electoral commissions, coupled with intervention of powerbrokers who committed large scale fraud and undermined the credibility of the process are clear manifestations that reform is required in the electoral system in Afghanistan.

A. Election Law

The Election Law defines the types of the Afghan elections and outlines a general framework of the process. On April 27, 2005, a presidential decree was issued by President Karzai, under which the Parliamentary Elections and the 2009 Presidential Elections were held. On one hand, the decree was flawed in many ways and needed rigorous amendments, and on the other hand, it was time for an Election Law approved by the Parliament to set the framework for the elections. In 2013, the new Election Law was approved by the Parliament and signed by the President. The new law comprises 16 chapters and 80 articles. The approval phase took longer than initially expected. During the discussion, a number of controversial articles emerged i.e., issues of electoral constituencies, replacement of the IECC with Special Electoral Court and potential delay of the 2014 elections. At the end of the approval phase, another set of contentious issues emerged and resulted in the establishment of joint committee. These articles included allocation of ten seats to Afghan nomads, allocation of one seat of Wolesi Jirga to Afghan Hindu minority, and the number of female members in provincial & district councils. After prolonged discussions of the joint committee, few amendments were made i.e., elimination of the allocated seat to Afghan Hindus minority and a decrease in the allocated seats of provincial councils to female members (from 25% to 20%).

For the first time, in 2014, Afghan elections were held under the light of an election law.

1. Electoral System

Different countries adopt different electoral systems based on their political, economic and socio- cultural contexts. “An electoral system is the most fundamental element of representative democracy, translating citizen's votes into representatives' seats. It is also the most potent practical instrument available to democratic reformers” 1There are different types of electoral systems in the world. Electoral systems are classified into four principal categories:

1) Majoritarian System:

This system includes:

1 Lijphart, A. (1995). Electoral Systems and Party Systems. Oxford University Press.

Parliament’s Perception on Electoral Reforms

I. Relative Majority System This system stands on the theory that a candidate receiving the majority of votes will be announced the winner. This system is single stage and the candidate who receives majority of votes wins the elections. Relative majority system is low cost and could be considered very simple.

II. Absolute Majority System In contrary to relative majority system, a candidate must win 50+1% of total votes in order to win the elections. If none of the candidates are able to win the required percentage of votes, a runoff election is held between the two frontrunners.

2) Proportional Representation: Proportional representation is a system in which political parties occupy seats according to the number of votes they receive. Unlike majoritarian system, political parties and independent candidates occupy seats in proportion to the number of votes they receive.

3) Mixed Electoral System: This system is a mix of majoritarian and proportional systems. It aims at maintaining the principle of justice and observing the right of political parties. On the other hand, this system is helpful for establishment of perpetual governments. Germany uses this system, which has been proven very successful.

4) Others: Three systems do not fit neatly under any of the above mentioned categories. Single Non- Transferable Vote (SNTV), Limited Vote (LV) and Block Vote (BV).

Afghanistan uses Single Nontransferable Vote for its National Elections. In this system, voter casts one vote in favor of one candidate in his/her province. SNTV has been proven less effective given the fact that very few countries use this system.

2. Political Parties in Parliament

One of the features of a democratic government and good governance is the presence strong political parties and coalitions in the parliament. A government could achieve and maintain legitimacy through its representative and strong political parties. Parties empower governments by taking part in elections and other democratic processes. Hence, political parties are main actors in a government that strengthen democratic values. As mentioned above, proportional representation system has been proven very effective for empowerment of political parties. In most of the other systems, political parties are usually marginalized and end up losing their power.

60% of the respondents of this survey give positive response when asked about the change of the current electoral system in order to give more space to political parties. At the interviews, MPs were asked whether they agree with having the electoral system changed in order to give more space to political parties, most of the MPs agree while some say parties are not inclusive and do not represent broader constituents. An MP from Daikundi says, “Political parties in Afghanistan are not representative of wider 8

Parliament’s Perception on Electoral Reforms audience”. Another MP, Jafar Mahdawi says, “Presence of political parties in parliament prevents individual decision makings and gives space for a healthy competition among the MPs.”

Respondents believe strengthening political parties will strengthen democracy and party systems can prevent from spoiling of votes. “Party system, if inclusive, can diminish the level of votes being spoiled during elections” Sayed Nader Shah Bahr. 34% of the respondents say that 100-200 seats of Wolesi Jirga should be allocated to political parties.

The respondents were asked if they are going to run for the upcoming elections and 69% of the respondents say they are ready to run again for office in the upcoming parliamentary election. 26% of the respondents say that they haven’t decided yet. For some of the MPs to consider rerunning for the elections would depend on the results of discussions with their constituents. Among the 69% of MPs who are going to run for the upcoming election, only 7% of the respondents identify themselves with political parties and will run on behalf of parties or other political coalitions.

The Manner of Nomination in Do You Nominate in Upcoming Election Upcoming Election 3% 1% 3% 1% 7% 26%

69%

89%

I will nominate as an independent candidate Yes I will nominate on behafe of the political party of political coalition I havn't made decision yet I don't know No Prefer to not answer Prefer to not answer

Figure 3: MPs nomination in upcoming election

One of the main reasons for which the respondents show concerns is the parties’ lack of inclusive and representative nature.

Parliament’s Perception on Electoral Reforms

Changing the electoral system Number of seats that shall be to strengthen presence of allocated to political parties political parties in parliament

4% 18% 19%

34% 29%

36%

60%

Less than 50 seats Between 50 to 100 seats between 100 to 200 seats Yes No I prefere to not answer More than 200 seats

Figure 4: Changing the electoral system to strengthen presence of political parties in parliament

FEFA held three focus groups to discuss the responses given by 60% of MPs on the effectiveness and necessity of a party system in the country. Focus groups that were held with civil society organizations showed that there is a heavy emphasis on the importance of party system and the impact of representative and inclusive parties in democratic processes. Mr. Reza Hussaini, representative of the Research Institute for Women, Peace and Security say, “Public view is very negative about political parties and that is mainly because our parties are established based on ethnic values. However, party system is a necessity if we want to give an end to biased individual decision makings in the parliament.”

Mr. Naim Asghari, program manager at FEFA presented his insights on how nascent and small political parties can implement their activities in party system. He says, “The role of political parties is very important in order to make the parliament more accountable and credible. There are 130 political parties in South-Africa. Big political parties tend to run for presidential and parliamentary elections, while smaller parties run for provincial councils and district councils.”

Political parties believe the current system is a barrier to their empowerment. “Political parties were sidelined and not engaged in previous elections of Afghanistan, because the system doesn't allow them to take part. To strengthen political parties, we need to change the electoral system and allocate a specific number of seats to political parties,” says representative of the Republicans Party of Afghanistan. She also presented information on how to best allocate seats for political parties. She says, “Just like we do for nomads, it is better to consider the entire country as one constituency for political parties". This method, however, will prevent the development of small political parties.

Representative of Afghanistan Green Trend, Nasir Ahmad Farahmand says, “Political parties are reformists, and that is the reason the previous government didn't want to empower them. The government criticizes political parties for not being representative, but they don't take any measures to help parties 10

Parliament’s Perception on Electoral Reforms become more representative” He added, "I believe SNTV was proven very challenging and inefficient during the past elections, and therefore we need to change the system in order to help empower political parties.”

Representative of Afghan-Millat party, Astana Gul-Shirzad says, "Previous government and the President Karzai created many barriers to participation of political parties. We have always recommended having 50% of the seats in parliament allocated to parties. Before approving the Election law, President Karzai agreed with our recommendation, but when the issue was brought to the minister’s cabinet meeting, the president changed his mind.”

3. Conditions for women’s political participation

Yet, in spite of the many advantages of fully engaging women in political processes, women still face significant barriers to running for office, and taking part in decision making processes. Article 83 of the constitution explicitly states that each province must have at least two female representatives in Wolesi Jirga. Although women’s participation in elections as candidates has been very hopeful, there is still a significant gap that needs to be addressed and improvements need to be made. In 2010 Parliamentary Elections, 405 women ran for office, but only 59 of them were able to win seats. In 2014 Presidential and Provincial Councils Elections, one woman candidate ran for presidency, while 323 women nominated themselves for provincial council elections. After an audit, however, the IEC took 353 candidates off the list including 15 women candidates. Three presidential candidates, who didn’t make it to the top two and were eliminated in the first round of elections, had nominated women as vice presidents.

Easing the conditions of Easing conditions of candidacy for women candidacy for women 1% 100% 16.7% 80% Yes 55.8% 42% 60% No 40% 83.3% 58% 20% 44.2% I prefere to not 0% answer Yes No

Male Female

Figure 5: Easing the conditions of candidacy for women

42% of the respondents say the conditions for candidates set out in the law are too ambitious for women and therefore, they need to be amended to give more chance for women to run for office. Conditions that were repeatedly brought up by the respondents as barriers to women’s participation were: 1) copies of voters’ registration cards as supporting documents and 2) non-refundable deposit fee. 58% of the respondents say the conditions for candidates must remain the same for men and women. 83% of these respondents were male MPs.

Parliament’s Perception on Electoral Reforms

FEFA discussed this issue in more depth at the focus groups with MPs. Participants linked women’s barriers to political participation mainly to traditional practices and attitudes. When the same issue was shared at the focus group discussions with political parties and civil society organizations, they say women’s inability to run for office is usually due to economic and social restraints.

Rubaba Parwani, an MP from Parwan province says, “Women do not have access to financial resources, they do not own financial assets, and even if they do, they don't have the authority to spend it the way they want to.” She adds, “Discrimination against women is prevalent in our society and that exacerbates this issue.”

Representative of the Republicans Party who was one of the participants at the focus group discussions says, “Economically Afghan women are not independent. Therefore, the non-refundable deposit fees must be reduced for women candidates, but supporting copies of voter’s registration cards should remain the same for women and men. Influential women running for office must be able to provide enough supporting cards.” She adds, “If we tend to simplify every option for women candidates, women will look weak and dependent on special measures.”

Naser Ahmad Farahmand from the Green Trend says male supremacy in the Afghan society is a major problem that needs to be changed. He added, “Although, quota system among other special measures can help women gain subjective immunity in the political arena for short run.” For longer run, he says, “we need to fight against discrimination and balance out men’s supremacy with women’s full engagement in public life.”

Abdul Wali Fayez from Mahaz-Mili party, says, “In Helmand province the number of female voters were more than male voters in the first round of elections. But when it comes to women running for office, they are still not ready to allow their sisters, mothers or wives to run as candidates in elections.”

Reza Hussaini, a professor and a civil activist represented the Institute for Women, Peace and Security at the focus group discussion. He says, “Equal social conditions are critical for women’s political participation. MPs who oppose positive discrimination are thinking about an ideal society where men and women are equal in every term, which is not the case in our society. Merit based competition is only possible when men and women are benefiting from equal rights and resources.”

Simple and flexible pre-election conditions will help women to consider running for office. FEFA, in its 2014 election observation report recommends that among other amendments in the conditions for candidacy, the Ministry of Interior Affairs must assign security guards to accompany women candidates during campaigns and provide safeguard especially during their trips to remote and insecure areas.

4. Effective approaches to mitigate electoral fraud

Electoral fraud is an intervention and manipulation in election process. It is an intentional act to change the outcome of the process in favor of a candidate or a party. The electoral reform commission must adopt necessary measures and approaches to ensure transparency and integrity of the process by mitigating electoral fraud during the upcoming elections. In this survey, respondents urge for specific definition of electoral fraud in the criminal law of Afghanistan and the perpetrators’ prosecution based

Parliament’s Perception on Electoral Reforms on the law. 28% of the respondents favor the establishment of Special Electoral Court for handling electoral crimes.

Recommendations on How to Deal with Those Who Perpetrate Fraud & Violations Fraud and its punishment should be defined in… 32.0%

The law should appoint imprisonment in addition to… 32.0%

The electoral court must be established for electoral… 27.9%

Must not be allowed to work at other institutions 2.5%

I don't know 1.6%

The current articles of law are enough 1.6%

Dissmissal from their duties 1.6%

Must not be allowed to work at other institutions 0.8%

0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0%

Figure 6: Recommendations on How to Deal with Those Who Perpetrate Fraud & Violations

a) Imprisonment of perpetrators:

According to article 69 of the Election Law, those who commit electoral fraud are subject to cash fines. This approach wasn’t proven successful as it did not hold back the power brokers who are the main perpetrators to carry out electoral fraud. Therefore, a more serious punishment is needed for the perpetrators whether they are candidates, electoral staff or third parties, in order to mitigate fraud in upcoming elections.

b) Defining Electoral Fraud and Electoral Violation in the Criminal Law and Determining Punishment for the Perpetrators:

The Election Law does not distinguish between the terms “fraud” and “violation”. It has only pointed to the issues that are considered fraud and electoral violation based on the law. Criminal Law must explicitly define these terms and offer appropriate punishment for the offenders.

c) Establishment of Special Electoral Court to Scrutinize Electoral Crimes

In the long-run, for the presidential elections a single stage special electoral court must handle the cases of electoral fraud and violation. But again, the criminal law of Afghanistan must provide explicit definition of electoral crimes and set out penalties for the perpetrators. In the short run, cash fines must be logically proportional to the severity and repetition of electoral fraud and violation.

5. Campaign spending limits

Parliament’s Perception on Electoral Reforms

Article 49 of the Election Law outlines the amount of campaign spending and the limitations. Based on the given article, candidates who run for parliamentary elections can only spend up to one million Afghanis in their electoral campaigns. Based on the law, if candidates spend more than the limited amount, they have violated the law and shall be prosecuted. 85% of the respondents say that it is important to have limitation on the amount of campaign spending, but further emphasize that penalties should be proportional to the amount overspent during campaigns. The current law has set a specific penalty for over spending in campaigns regardless of the amount exceeding the limitation.

Specifying the expenditure amount of campaign

14% 2%

85%

Yes No Prefere to not answer

Figure 7: Specifying the expenditure amount of campaign

6. Campaign contribution limits

In this survey, the MPs were asked about the issue of restricting financial contributions to candidates. Majority of the respondents (78%) agree on having restriction on contributions to candidates during campaign and only 18% of them show disagreement. Restricting the amount and the mechanism through which contributions are made to candidates will help maintain balanced and equal opportunities for all candidates during electoral campaigns. By imposing restrictions on campaign contributions, all candidates will have the opportunity to receive a balanced amount of contributions from natural and legal persons.

Parliament’s Perception on Electoral Reforms

Restricting financial donations of natural and legal persons to candidates pave the ground for better competition among candidates 2% 2%

18%

78%

Agree Disagree I don't know Prefere to not answer

Figure 8: Restricting financial donations of natural and legal persons to candidates pave the ground for better competition among candidates

B. The Law on the Organization, Duties and Authorities of the Electoral Commissions

The Law on the Organization, Duties and Authorities of the Electoral Commissions is the second most important law in elections after the Election Law. This law is designed to organize electoral activities based on the organization, duties and authorities of the two commissions. An in-depth study of this law indicates that there are deficiencies in the duties section that needs revision and amendment. MPs say they want to see changes in the following sections of the law:

1. Structure

The IEC is composed of an HQ office, a secretariat and 34 provincial offices, and has 9 members. The commission has 9 departments within its HQ office and its provincial offices are led by 34 provincial officers. The IECC, on the other hand, has an HQ office, a secretariat and 34 provincial commissions, and it’s managed by 5 members. Each provincial commission is managed by 3 members. Both commissions have a chairman, a deputy chairman, a secretary and a head of secretariat. Other members are called commissioners and are in charge of reviewing and approving procedures and policies, monitoring the sessions of the commission and the secretariat, and most importantly monitoring the election process.

2. Nomination and election of electoral officials

According to the Law on the Organization, Duties and Authorities of IECs, the selection committee reviews the applications of aspirant candidates to make sure they are eligible and recommends 27 candidates to the President for final approval. The President has to elect one third of the recommended candidates as 9 members (at least two female members) of the IEC. Similarly, for IECC, the selection committee selects

Parliament’s Perception on Electoral Reforms

15 qualified candidates and introduces them to the President. The President appoints one third of the recommended candidates as 5 members (at least one female member) of the IECC.

According to the survey, majority of the respondents (52.5%) say that members of the commissions must have work experience in elections, and electoral affairs.

Conditions for Selecting Members of Electoral Commissions

represent all segments of people shouldn't come from address of powerful people should have worked in the fields of human rights,… should have completed 25 years old and should not… should only have the citizenship of Afghanistan should have strong management and views should have good working reputations and… at least should hold bachlore degree should not have membership of political parties should be honest muslim should have working experience in electoral field

0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0%

Figure 9: Conditions for Selecting Members of Electoral Commissions

3. Receiving individual vote of confirmation from the Parliament in case of changing electoral law According to article 8 of the Law on the Organization, Duties, and Authorities of IECs, candidates are shortlisted by the selection committee, and elected by the President. Based on this survey, if electoral system changes, the appointment mechanism for electoral commissioners must change accordingly. 64% of the respondents say that candidates must be required to receive individual vote of confirmation from the Parliament before occupying their seats at the commissions.

The method of receiving vote from parliement 70% 64% 60% 50% 40% 30% 18% 20% 11% 10% 3% 4% 1% 0% Confirmation Confirmation Vote of Must not receive I don't know Prefere to not vote as a packagevote as individual confidence vote from answer parliament

Figure 10: The method of receiving vote of confidence from parliament

Parliament’s Perception on Electoral Reforms

At the focus group discussions with MPs, the participants pointed to vote of confidence. A member of Wolesi Jirga, Shirin Mohseni says, “Members of electoral commissions must receive vote of confidence from the Parliament the same as the Ministers. The Parliament must have the right to impeach and disqualify electoral officials if they violate laws.”

Reza Hussaini from the Institute for Women, Peace and Security, says, “This is a big question in the election process, how can a commissioner keep his/her impartiality? We have noticed in many instances before, that whenever chairs of the commissions were invited to Parliament for questions and answers with MPs, they have overlooked the invitation and say that they were not accountable to the Parliament.” FEFA’s program manager, Mr. Asghari says, “Requiring commissioners to win vote of confidence from the Parliament can create problems for the process. For example, if Parliament impeaches and disqualifies a member of electoral commissions during elections, the process can face deadlock.”

In any case, one way for electoral commissioners is receiving vote from the parliament to make them accountable. In its 2014 Election Observation Report, FEFA recommends having candidates receive vote of confirmation from the Parliament after being selected by the selection committee and approved by the President.

4. Membership and dismissal of members

According to articles 7 and 21 of the Law on the Organization, Duties, and Authorities of IECs, there are six preconditions for candidates running for electoral commissions.

1. Must be an Afghan citizen 2. Must have higher education 3. Must be at least 30 years of age 4. Must have the competence, a good reputation and at least five years’ of work experience in a relevant field and a Bachelor’s degree or three years of work experience with a Master's degree or higher 5. Must not be convicted of crimes against humanity and/or committed felony 6. Must not be associated with any political party while serving in office

Based on articles 10 and 28 of the Law on the Organization, Duties, and Authorities of IECs a member of commission loses membership in the following conditions:

● Conviction for committing a felony ● Deprivation from civil rights by a competent court ● Proven membership with political parties while serving in office ● Consecutive leaves of absence for more than twenty days without justifying reasons ● Suffering incurable or long-lasting disease that hinders his/her ability to perform his/her duties ● Disregarding the national interests of Afghanistan, the provisions of the constitution, Election Law and other enforced laws ● Being influenced by racial, ethnic, regional, sectarian, language, and political preferences

Parliament’s Perception on Electoral Reforms

Misuse of position and authority, committing financial or administrative corruption, violating impartiality, overlooking public votes, being absent in more than three commissions sessions and committing immorality are other issues that the MPs emphasize on their inclusion in the law. According to the survey, 69% of the respondents consider the misuse of position and authority by the commissioners as one of the most important requirements that needs to be added to the law. Beside the conditions mentioned in the law, other conditions must be considered for dissmissal of commission members

Perpetrating imoral corruption 1% Every kind of action which damage the vote of people 1% Lack of participating in 3 successive sessions of… 11% Working negligence 19% Breaching impartiality and getting political stance 45% Commiting corruption 56% Misusing office and authorities 69% 0% 10% 20% 30% 40% 50% 60% 70% 80%

Figure 11: Beside the conditions mentioned in the law, other conditions must be considered for dissmissal of commission members

The election process of the members of the commissions is clearly stated in the law, however it is vague as to how and who will dismiss the commissioners. Almost 50% of the respondents say that the President must have the dismissal authority, while 29% of the respondents say that Parliament should be given the right to dismiss the commissioners.

The Body that Has Authority of Dismissing Members of Commissions

President 50% Parliament 29% Supreme Court 11% Members of commission 4% Attorney General 4% I don't know 1% Executive office by approval of president 1% By the Commission on Oversight the… 1% 0% 10% 20% 30% 40% 50% 60%

Figure 12: The Body that Has Authority of Dismissing Members of Commissions

5. Defining the salary and benefits of electoral officials in electoral laws

Parliament’s Perception on Electoral Reforms

In electoral laws there is no specific article on the salary and benefits of the electoral commissioners. MPs demand for further clarification of these benefits in the laws. 95% of the respondents say that the articles of the laws must clearly outline the salary and benefits of the commissioners.

The need for defining the salary and benefits of electoral commissioners in electoral law 3% 2%

Yes No Prefere to not answer

95%

Figure 13: The need for defining the salary and benefits of electoral commissioners in electoral law

6. Defining the duties and responsibilities of electoral officials in electoral laws

The respondents were asked whether a decrease in the number of commissioners would help them perform their duties more responsibly and efficiently. The following chart indicates their responses:

Necessity for decreasing the members of commissions 25% 30% 21% 17% 20% 13% 15% 7% 10% 1% 2% 0% 1

The number of members should increase The current number is enough Prefere to not answer A little Prefere to not answer Some A lot Much

Figure 14: Necessity for decreasing the members of commissions

Generally, the Law on the Organization, Duties and Authorities of Electoral Commissions specified 17 cases of duties and authorities of IEC and 12 cases of duties and authorities of IECC. According to article15 of The Law on the Organization, Duties and Authorities, 6 cases of authorities of chairman of IEC is specified. However, they haven’t mentioned the duties and authorities of head of secretariat of both commissions. (But it is say that their duties is mentioned in commission’s procedure)

Parliament’s Perception on Electoral Reforms

Assigning each member in a specific area increases their work effeciency and their accountability

1% 2% 1% 5%

22%

70%

A lot Much Some A little I don't know Prefere to not answer

Figure 15: Assigning each member in a specific area increases their work efficiency and their accountability

70% of the survey respondents say that, if there is a specific job description for commissioners and they perform their tasks accordingly, the effectiveness of the commissions would increase. According to the law, commissioners have the right to monitor the performance of the secretariat of the electoral commissions; however, due to lack of specific monitoring mechanisms, commissioners have so far not been assigned to monitor the secretariat. To further enhance the efficiency of the commissions, areas that need monitoring should be determined and the commissioners should take over the responsibility of monitoring those areas. By using this approach, not only will the authority of commissioners increase, the electoral commissions will also attain a monitoring role of the secretariat that was never given to them.

The need for specifying of the duties and responsibilities of head of secretariat of IEC in the law

1 98% 21%%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Yes No Prefere to not answer

Figure 16: The need for specifying of the duties and responsibilities of head of secretariat of IEC in the law

98% of the respondents agree with this approach and urge for its inclusion in the law. As stated previously, duties and responsibilities of the Secretariat are not mentioned in the laws, however they are stated in a procedure.

Parliament’s Perception on Electoral Reforms

7. Holding electoral commissions accountable by presenting annual and post-election report

IEC and the IECC work separately but have overlapping interests and responsibilities. They are equally required to remain accountable to candidates, the government and the public. Presenting regular annual and post-election reports can help commissions increase their accountability. This will enable CSOs to review their performances, and identify and address their weakness and strengthens to the wider public.

The need for presenting annual hearing report and report after each election

71% 17% 5% 4% 3%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

A lot Much Some A little I prefere to not answer

Figure 17: The need for presenting annual hearing report and report after each election

The MPs agree that the electoral commissions must release their reports regularly through their website or other media outlets for public access.

8. Adjudication of electoral complaints

According to electoral laws, the IECC is the only authorized body to handle complaints on electoral violations and fraud. 81% of the survey respondents say that open decision-makings on electoral complaints will enhance transparency and integrity of the IECC.

Open decision making of IECC can increase transparency and satisfy parties

2% 4% 1%

12%

81%

A lot Much Some A little Prefere to not answer

Parliament’s Perception on Electoral Reforms

Figure 18: Open decision making of IECC can increase transparency and satisfy parties

Electoral commissions are established as independent bodies, and must not act under the influence and pressure of anyone or anybody. However, in order to maintain transparency of the commissions, it is recommended that they report to parliament on the progress of their performance, and hold decision- making meetings openly to the media and observers. At the focus group discussion, Wajma Sapai an MP says, “It is extremely important for the IECC to maintain impartiality at all time. We must make sure impartial and independent candidates are selected as the commissioners, because electoral disputes cannot be resolved otherwise." FEFA's representative says, “according to article 24 of the Law on the Organization, Duties, and Authorities of the Electoral Commissions, adjudication sessions must be hold openly to public. However, members of the IECC have a different interpretation of the article and say that the article only refers to decision making sessions not the whole process.” These complex articles and ambiguous terms need to be amended in the laws.

Based on the survey, open decision-makings and publicly exposing the source of the decisions will help parties of electoral disputes to respect the decisions made by IECC.

9. Setting up provincial electoral commissions

According to the electoral laws, IEC establishes 34 provincial offices to carry out its activities across the country. Unlike IEC, the IECC has provincial commissions in 34 provinces that are managed by 3 commissioners. Majority of survey respondents (48%) say that, if the provincial offices of IEC is replaced with provincial commissions, commissioners will be able to handle issues properly and in a timely manner in their respective provinces.

Changing the provincial offices of IEC to provincial commissions can help in better management and increase transparency 4% 2%

48% 46%

Yes No I don't know Prefere to not answer

Figure 19: Changing the provincial offices of IEC to provincial commissions can help in better management and increase transparency

Aziza Jalis, an MP says, “Decisions must not be made individually at the IEC in provincial level. It is necessary to establish provincial commissions to have commissioners make decisions as a group.”

Parliament’s Perception on Electoral Reforms

Based on the laws, IEC is obligated to observe the performance of the secretariat, therefore, having provincial commissions will help the IEC carry out its election observation role more effectively at the provincial level.

10. Forming joint commissions to decide on controversial issues

Currently, there is no responsible institution to solve disputes between the two electoral commissions. 54% of the respondents agree with having a joint committee comprising members of both commissions established to make final decisions and resolve disputes.

Who should make the final decisions when there is dispute among the electoral commissions 60% 54% 50% 40% 30% 24% 20% 12% 7% 10% 1% 1% 1% 0% Independent Independent Joint Special Supreme Court I don't know Prefere to not Election Electoral commission of Electoral Court answer Commission Complaints both Commission commission

Figure 20: Who should make the final decisions when there is dispute among the electoral commissions

11. International observers as members of Independent Electoral Complaints Commission

Previous elections have shown time and again that electoral commissions especially the IECC do not have the capacity to hold a free and fair election and safeguard the votes of the public. Political affiliations influenced most of the decisions made by the IECC during 2014 elections. Hence, the presence of international members at the IECC will not only help with the adjudication process of electoral complaints but will also help increase the capacity of other members of the commission. 64% of the survey respondents say that the presence of international members at IECC will increase transparency and build the capacity of the members.

Parliament’s Perception on Electoral Reforms

Presence of two international observers at the IECC can increase transparency of IECC performance 70% 64% 60% 50% 40% 30% 23% 20% 10% 2% 5% 3% 2% 2% 0% A lot Much Some A little Disagree I don't know Prefere to not answer

Figure 21: Presence of two international observers at the IECC can increase transparency of IECC performance

A representative of Afghan-Millat party says, “Afghan Millat party supports the presence of international observers at the IECC, because they are impartial and make neutral decisions based on the facts. They won't represent the UN at the commission but their own respective countries. President Karzai rejected this recommendation because he knew he can’t put pressure on them.” Shirin Mohseni, an MP also supports their presence at the electoral commission and says, “I suggested to President Karzai that the international members at the IECC must have the right to vote. But the president rejected the recommendation."

IV. Challenges ahead of the Parliamentary Elections

According to article 83 of the constitution, the parliamentary elections should be held within 30 to 60 days before first of Saratan (end of June) this year. However, delays in the establishment of electoral reform commission have pushed back the elections to possibly end of this year or next year.

Security challenges, inability to reform electoral laws and structures of electoral commissions on time, lack of ability and/or will to distribute electronic identification cards, lack of political coalitions, administrative weakness and low capacity of electoral officials, and finally lack of government’s political will for holding free and fair election have been identified as major problems ahead of the upcoming parliamentary elections.

Most of the respondents say that, if electronic identification cards are not distributed, holding free and fair election will be impossible. Based on the survey, security challenges and lack of impartiality and weak administration of electoral officials are also some of the major problems before the parliamentary elections.

Parliament’s Perception on Electoral Reforms

Major problems for candidates

Lack of security for candidates( during registration… 52% Partiality of IEC staff 51% Mismangement of the process by electoral bodies 49% Intervention of local powerfuls in the process in… 32% The polling centers are far from people houses 24% The polling center lack necessary facilities 20% lack of females particiapation in voting due to… 14% There is no enough polling center for voting 11% The residents of regions will not take part in election… 9% Unfair competition among candidates 2% other 8% 0% 10% 20% 30% 40% 50% 60%

Figure 22: Major problems for candidates

A. Security challenges

Previous elections show that fraud happens in significant scales in areas where security is challenging and national and international observers are not present. Security is extremely crucial for holding free and inclusive elections. It allows candidates to hold far-reaching campaigns, enhances public participation and strengthens the credibility of the process by encouraging the presence of national and international observers at every polling station in every part of the country.

B. Lack of public confidence in electoral commissions

After another troublesome presidential elections, public lost their confidence in the process, and they expect rigorous reform in the system. Therefore, unless appropriate reforms are made to the electoral laws, procedures and policies are amended, impartial, professional and independent candidates are appointed as members of commissions through transparent and legitimate processes; holding elections will not only have positive outcomes but they will likely trigger violence, which could lead to another political crisis.

C. Intervention of local powerbrokers in the election process

There has been reported many instances where local power brokers have intervened in the process and influenced the results for the benefit of specific candidates. Commitment and integrity of security institutions in maintaining security on one hand, and the presence of domestic and international observers, educated voters and candidates on the other hand will help keep powerbrokers away from the polling stations and prevent them from intervening in the process.

D. Violation of the code of conduct by election officials

Parliament’s Perception on Electoral Reforms

Ideally electoral commissions are independent bodies with no connections to any government and non- government organizations. However, reports indicate that large-scale fraud in local, and national elections have been committed by electoral officials and staff. After the 2009 presidential and provincial councils elections, the IEC announced the dismissal of a large number of its staff due to their involvement in electoral fraud and violation. In 2014 again, a significant number of reports indicated that electoral officials and staff committed fraud and violated the laws and the code of conduct.

There is a heavy emphasis on the impartiality and lack of electoral officials’ affiliation with political parties and other political coalitions in the laws. Given the fact that electoral staff are as involved and responsible for a credible and accountable electoral process as the officials, their impartiality and integrity is of paramount importance.

E. Financial challenges

Electoral campaigns require a great amount of financial resources, and contributions. Article 49 of the Election Law sets a spending threshold for electoral campaigns, but there is no system in place to monitor, evaluate, and report on the spending. Based on the aforementioned article, presidential candidates cannot spend more than 10 million Afs, while parliamentary candidates need to meet the threshold of 1 million Afs in their campaign spending.

If the IEC doesn’t monitor and evaluate campaign spending, an unbalanced and negative competition among the candidates can once again undermine the credibility of the process.

F. Lack of party system

Political parties are cornerstones of democratic processes. Their insights, contributions, and knowledge can bring about positive changes in the systems, laws and structures. The current electoral system favors independent candidates and leaves very little space for the growth of political parties. So far, parties have hardly had a formal and systematic role in Afghan government and the parliament. Despite, legal barriers, a large number of parties have emerged over the past decade. However, lack of proportional allocation of seats to political parties and legal limitations on their activities will eventually result in exhaustion of parties and end up degrading the legitimacy and credibility of democracy in the country.

Parliament’s Perception on Electoral Reforms

V. The Role of international community in upcoming elections

The international community can play a significant role in the upcoming elections. Their support and contribution has helped Afghans elect their leaders through a series of electoral cycles. Over the past decade, the international community has provided technical, logistics and procurement support to IEC and IECC for holding elections. The survey respondents say the active participation and support of international community through funding, providing technical assistance, and building the capacity of electoral bodies can have a significant impact on the outcome of the upcoming elections.

The role of International Community in Upcoming Election

Reforming the electoral system

They must not be involved

Public awareness through awareness programs

Political support of election

Maintaining security

Building capacity of staff

Providing technical equipments

Giving budget

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Figure 23: The role of International Community in Upcoming Election

Elections in every country must have national and international credibility. Based on the Election Law, national and international observers are allowed to observe every stage of the election process. The international community can also contribute to enhancing transparency and accountability of the Afghan elections by deploying observers to observe the process.

Parliament’s Perception on Electoral Reforms

VI. Conclusion

125 MPs from Wolesi Jirga (Lower House) participated in this survey to share their insights on the importance and necessity of electoral reform mainly referring to efforts to change the electoral system, amend electoral laws, and revise the management structure of election commissions. This survey is also intended to provide recommendations for the upcoming Parliamentary Elections based on the concerns of the respondents. The expected outcome of the special electoral reform commission is also discussed with the MPs in this survey.

69% of the survey respondents confirm their candidacy for the upcoming Parliamentary Elections but mention security challenges, weak election administration, lack of impartiality of electoral staff, intervention of local powerbrokers, and lack of appropriate facilities for female voters as their main concerns. This survey shows that there is an urgent need for electoral reform in order to maintain credibility and legitimacy of the upcoming elections. The survey respondents identify the special electoral reform commission as the only option for enhancing credibility of elections and demand the NUG to appoint capable individuals who have extensive experience in the field of elections as the members of the commission. Most of the respondents say development of a national strategy must be a priority for the electoral reform commission and urge all stakeholders to cooperate with the commission.

Other important findings are as follows:

● The electoral system must support and strengthen political parties; ● The Afghan criminal law must provide a clear definition of the electoral crimes and consider severe punishment i.e., imprisonment, for electoral offenders; ● Independent Election Commission must have provincial commissions in 34 provinces; ● Electoral laws must place limits on financial contributions to candidates; ● Conditions set out in the laws for dismissal of IEC and IECC members must be amended so that they are more explicit and comprehensive; ● Electoral laws must propose an authorized body responsible for dismissal of the IEC and IECC members; ● Electoral Laws must allow two capable international observers to serve as members of the IECC; and ● Electoral laws must clearly define the salary and benefits of the IEC and IECC members.

Enhancing credibility and accountability of the electoral commissions is one of the main responsibilities of the special electoral reform commission. MPs say, if the members of IEC and IECC are required to win vote of confirmation from the Parliament, there is a great chance that they would feel more accountable to the Parliament and therefore to the public. Findings from the focus groups also suggest this recommendation.

MPs demand the IECC to hold its hearing and decision making sessions publicly and expose the bases and sources of their decisions to the public. This approach would not only enhance transparency of the adjudication process, but it will also encourage the parties to respect the decisions made by the IECC. 28

Parliament’s Perception on Electoral Reforms

Lack of agreement on having special measures (decrease in the number of supporting cards, and deposit fee…) offered to women candidates by 58% of the MPs, 83% of which are male respondents, is disregarded by civil society and political parties representatives at the focus group discussions, given the fact that Afghan society is not equal and that women candidates need special facilities and support during voter registration and campaign periods.

Lack of transparency in national tallying center (difference of 600,000 votes between the results of the first rounds of presidential election and provincial council elections reported in FEFA’s 2014 observation report) was discussed with the focus group. For better monitoring purposes of the process and on time announcement of results, participants recommend that tallying centers should be established in districts of every province. This way the provincial commissions will be able to timely announce the preliminary results of their respective provinces.

The respondents emphasize on the important role of the international community in the election process and they say that in addition to granting funds, the international community can provide technical assistance to electoral commissions, build the capacity of electoral staff, and help conduct public awareness programs. Participants of the focus group discussions also underscore the critical role of international community in election observation.

This survey uncovers a wide range of areas that are in need of systematic reform in the long run. Challenges exist ahead of the Parliamentary Elections however require urgent attention. The National Unity Government must stay committed to implementing rigorous electoral reform before the upcoming elections to guarantee the credibility and transparency of the process.

Parliament’s Perception on Electoral Reforms

Methodology

This report reflects the views of MPs from the lower house of parliament (Wolesi Jirga) and provides an in-depth discussion of the views through focus groups with political parties and civil society organizations. FEFA used a series of methods that would yield the views of MPs on electoral reforms. These included: desk review, surveys with MPs, semi-structured interviews with MPs; and focus groups with MPs, political parties and civil society organizations.

A. Desk review The desk review was done using national and international reports and FEFA’s past and current reports on Afghan elections, election observations, and electoral reforms. References are made to the Constitution, Electoral Law, Law on Organization, Duties and Authorities of Electoral Commissions. A list of the documents used as part of this desk review could be found in annex 1.

B. Survey (Questionnaire)

Questionnaires were designed in light of the information attained from desk review and include 35 questions along with information on respondents’ demography. Aside from the section on demography, 4 main subjects are the topic of discussion: 1) Parliament’s functions 2) upcoming elections 3) structure of the electoral reform commission 4) reforms necessary for the upcoming elections. Questionnaires are developed in both national languages; Dari and Pashtu. An illustrated questionnaire could be found in Annex 4.

1. Sampling

MPs for survey sampling were identified based on distinct criteria. FEFA intended to engage 50% of MPs from Wolesi Jirga in this survey. First, according to the published list half of the provincial MPs in Wolesi Jirga were confirmed. Then, all provincial MPs were divided into different categories based on their ethnicity and gender balance. Finally after division from different categories, MPs were selected randomly according to share of each category. While running the survey, in case of unwillingness or unavailability of an MP, he/she was replaced with another person from the same group. The replacement of remaining individuals were randomly selected.

2. Pilot test

FEFA research team ran the pilot test before conducting the survey in the field in order to ensure the clarity and relevancy of questions. The pilot test was performed with an elite group of people whose legal and social positions were of the same level as the MPs.

C. Interview

The survey interviews were conducted with 15 MPs of Wolesi Jirga. 6 interview questions were asked both in person and via telephone. In total, (120) minutes were recorded and after transcription, the

Parliament’s Perception on Electoral Reforms findings were used in the report primarily as direct quotes. The interview questionnaire could be found in Annex 4.

D. Focus group

For better quality of survey, FEFA conducted 3 focus group discussions at to explore an in depth analysis of the survey findings. Questions repeatedly raised in focus groups are considered the most important findings of the survey on electoral reform. Each focus group discussion lasted almost two hours. The first focus group was held with MPs, the second and third discussions were conducted for political parties and civil society organizations. Illustrative questions raised in focus group discussions could be found in Annex 3.

Parliament’s Perception on Electoral Reforms

Annexes

Annex 1: Sources Used

1. 2014 Elections Observation Report, Free and Fair Election Forum of Afghanistan FEFA, 2014 2. Afghan Perceptions on Democracy and Elections, Free and Fair Election Forum of Afghanistan FEFA survey, 2013-2014 3. First test: Elections 2014; Observation Report on the Voter Registration Process of Presidential and Provincial Council Elections 2014, Free and Fair Election Forum of Afghanistan FEFA survey, October 2013 4. Survey with Members of Wolesi Jirga on Elections Law, Free and Fair Election Forum of Afghanistan FEFA survey, March 2013 5. Elections and Civic Education Lessons Learned Survey; key findings, Democracy International, Inc., February 2015 6. Final report Presidential Election, 5 April and 14 June 2014, European Union Election Assessment Team, 2014 7. Presidential and Provincial Council elections 5 April and 14 June 2014, OSCE/ODIHR Election Support Team Report, Office for Democratic Institutions and Human Rights, Dec5, 2014 Annex 2: Semi- Structure Interview Questions

After the survey with MPs on electoral reforms, FEFA surveyors conducted semi-structured interviews with MPs and raised the following questions:

1. Do you agree with changing electoral system in order to strengthen political parties participation in parliament? Please tell us the reasons. 2. What approach do you recommend on sequence reporting of electoral commissions to ensure their performances are accurate and impartial? 3. Considering the flaws of the previous election, how can we rebuild public trust on electoral commissions and the election process? 4. When is it effective to scrutinize and handle electoral complaints by Electoral Complaints Commission? 5. What role could parliament play to speed up the distribution of electronic ID cards? 6. How can election commissions prevent the government’s intervention in election process?

The records of the interviews transcribed and transferred to NVivo for analysis.

Parliament’s Perception on Electoral Reforms

Annex 3: Focus Groups

Focus groups were conducted with MPs, Political Parties and CSOs in three rounds.

1. 60% of MPs agreed with changing of electoral system in order to strengthen participation of political parties in parliament. However, 34% of them say among 100 to 200 seats of Wolesi Jirga must be allocated to political parties. In your opinion, how is it possible to modify the electoral laws considering the change in electoral system? Likewise, how is it possible to increase public awareness on these modifications ? 2. 81% of MPs say that open decisions and exposing the source of decisions made by IECC are effective approaches to increasing transparency and resolving electoral disputes brought to IECC. What other approaches do you recommend to increase transparency of Electoral Complaints Commission? 3. 48% of MPs agreed with changing the provincial offices of IEC into provincial commissions. However, 46% of them disagreed with this approach. Supporters of this approach argue that provincial commissions can monitor the performance of Election Commission in provincial level. In your opinion, how can establishment of provincial commissions increase transparency of Election Commission’s performance? 4. 42% of MPs urged to simplify the conditions of candidacy (numbers of supporting cards and deposit fees…) for women candidates. Majority of those who disagreed (83.3% out of 58%) were male. Why did majority of male MPs disagree with this issue? 5. 64% of MPs say, “Considering the independency of electoral commissions, the members of electoral commissions must individually receive vote of confirmation from parliament.” Can this approach ensure independency of electoral commissions and mitigate political influences in the process? 6. 64% of MPs believe that presence of two international members (without having the right to vote) at IECC can help increase transparency. If, these two members do not have the right to vote or have any legal authority, how can they help increase transparency? And, if the international observers are given membership within IEC, will this approach not undermine the national sovereignty? 7. One of the approaches to make electoral commissions accountable is having them present reports to public. This report can be presented to parliament annually or twice a year. In your opinion, will this method work? 8. FEFA’s election observation findings show that from 93% of 17101 stations of which results were announced in the first round, there was no harmony in the number of votes cast for presidential elections and provincial councils elections. Votes from 30% of stations (178 thousand votes) for provincial councils’ election exceeded the votes cast for presidential election in the same stations. However, 70% of stations accounted for 457 thousand votes dedicated large portion of these votes to presidential candidates. The difference was up to 600 votes per station. What approache(s) do you recommend to prevent such incidents in future?

Parliament’s Perception on Electoral Reforms

9. FEFA recommended the establishment of tally centers in district level. Do you agree with this? Please elaborate.

Parliament’s Perception on Electoral Reforms

Annex 4: Questionnaire

Questionnaire #

Interviewer name:

Interviewer F/name: Day Month Year / / 2014 Interview date: - - : - - ☐ before noon / ☐afternoon Starting time:

A. Introduction and survey’s purpose

Electoral reform is considered a priority to the National Unity Government, but no practical action has been taken so far. Holding elections without reforming the electoral system will be challenging as previous elections have shown. We want to know what your concerns are and how you assess this situation as representative of people in the parliament and potential candidates in upcoming parliamentary elections. What approaches needs to be taken by the National Unity Government for reform of the electoral system?

The Free and Fair Election Forum of Afghanistan (FEFA) as an independent civil society election observation organization is holding this survey to collect the view of MPs on electoral reforms. Each interview will take 15 minutes and the results will be shared with members of parliament, civil society, government and other stakeholders.

B. Information on interviewee 1. Interviewee name: (if prefers anonymity, leave blank)______2. Interviewee’s phone number: (if not preferred, leave blank)______3. (respondent’s gender)

Male 1 Female 2

4. How old are you? Please write in numbers.

5. Which province do you represent?

Parliament’s Perception on Electoral Reforms

6. What is your highest level of education?

I have never attended school 1 Religious studies 2 Primary School 3 Secondary School 4 14th class pass 5 Bachelors 6 Masters 7 PhD 8 Other (record answer in this box) 997

Prefer not to answer 999

7. What is your ethnicity?

Pashtoon 1 Tajik 2 Hazara 3 Uzbek 4 Turkman 5 Baloch 6 Nooritstani 7 Hindu 8 Aimaq 9 Kirgiz 10 Arab 11 Pashayee 12 Other (record answer in this box) 997

Prefer not to answer 999

8. Which parliamentary group do you belong to?

Etimad Parliamentary group 1 Voice of Justice Parliamentary group 2 Saba Parliamentary group 3 Peace Caravan Parliamentary group 4 Resalat Parliamentary group 5 National Felicity Parliamentary group 6 National Parliamentary group 7 None 8 36

Parliament’s Perception on Electoral Reforms

Other (record answer in this box) 997

I don’t know 998 Prefer not to answer 999

C. Parliament Performance 9. Parliament’s three main roles are mentioned in the law. How do you rate parliament’s performance keeping in mind these three important roles?

1 2 3 4 998 999 Very I don’t Good Fair Poor Prefer not to answer Good know 9.1 Scrutiny (Examining the work of government) 9.2 Legislation (Passing laws) 9.3 Representation

10. In your opinion, how does MPs consecutive absenteeism affect their performance?

A lot 1 Much 2 Some 3 A little 4 I don’t know 999 Prefer not to answer 999

Questions on upcoming election .D 11. Do you plan to nominate yourself for upcoming parliamentary elections?

Yes ( proceed to question 11.2) 1 No (skip to question 11.2) 2 I haven’t decided yet (skip to question 12 ) 999 Prefer not to answer (skip to question 12 ) 999

11.1. .Name three factors that might prevent you from running for office.

Security challenges (esp. during campaign) 1 Electoral fraud 2 Lack of trust in electoral commissions 3 Local powerbrokers’ intervention in the process 4 Intervention of government officials in the 5 process

Parliament’s Perception on Electoral Reforms

Election commission favoring certain 6 candidates Financial challenges 7 Lack of constituents 9 Personal issues 9 Other (record answer in this box ) 11

I don’t know 999 Prefer not to answer 999

11.2. Will you run as an independent candidate or you represent a political party or a political coalition?

I will be an independent candidate 1 I am affiliated with a political party/political 2 coalition I don’t know 999 I prefer not to answer 999

12. .Select three major problems that exist before candidates in your province.

Local people will not take part in election 1 ( proceed to question 12.1) Polling stations lack necessary facilities 2 Electoral bodies lack capacity to administer the 3 process well Lack of women participation in electoral 4 process due to cultural barriers Local powerbrokers intervene in the process in 5 favor of certain candidates Electoral staff lack impartiality 6 Security challenges (esp. during registration 7 and electoral campaign) Improper location of polling stations 9 Lack of enough polling stations 9 Other (record answer in this box) ) 11

I don’t know 999 Prefer not to answer 999

12.1. Why do you thinkpeople in your province will not participate in elections?

Parliament’s Perception on Electoral Reforms

Cultural barriers prevent people to participate 1 in the process. People don’t trust in electoral commissions 2 Armed opponents prevent people from 3 participating in elections They oppose the principle of “elections” 4 Other( record answer in this box ) 5

I don’t know 999 Prefer not to answer 999

E. Establishment of Electoral Reform Commission 13. How much do you agree with the importance of electoral reform process for holding free and fair elections in future?

Strongly agree 1 Agree 2 Somewhat agree 3 disagree 4 I don’t know 999 Prefer not to answer 999

14. Based on the political agreement of the National Unity Government, the Electoral Reform Commission is established to reform the electoral system. Select three options which you think must be achieved by the Electoral Reform Commission prior to upcoming elections.

Clarity on short-term and long-term objectives of 1 electoral reform process Development of a national strategy for electoral reform 2 Pathology of previous Elections 3 Observing the upcoming parliamentary election 4 Conducting upcoming elections 5 Selecting new members for electoral commissions 6 Assessment of Afghanistan's electoral framework, 7 electoral laws and electoral institutions Study and revise capacity/technical mechanisms of 8 electoral commissions for conducting different types of elections in constituencies. Presentation and implementation of short-term and 9 long-term practical electoral reform proposals Clarity on the roles of electoral bodies to ensure 10 credibility of election process

Parliament’s Perception on Electoral Reforms

Other (record answer in this box) 11

I don’t know 998 Prefer not to answer 999

15. Select three options that you think are necessary requirements for members of Electoral Reform Commission in order to effectively carry out their activities.

Must be honest Muslim 1 Must not be affiliated with political parties or political 2 coalitions Must at least hold a bachelors degree 3 Must be 25 years of age and must not be very old 4 Must have strong management and administrative 5 abilities Must have experience in electoral affairs (election 6 administration, election observation, research or electoral dispute resolution) Must have experience in human rights, women rights 7 and political rights Must have good reputation in workplace and 9 elsewhere Must only have citizenship of Afghanistan 9 Other (record answer in this box) 11

I don’t know 999 Prefer not to answer 999

16. To implement electoral reform, cooperation of stakeholders is necessary and crucial in the process. In your opinion which institutions should be given more role in the electoral reform process? Select three options.

Independent Election Commission 1 Independent Electoral Complaints Commission 2 National Unity Government 3 Parliament and MPs 4 Civil Society Organizations 5 Political parties or coalitions 6 Media 7 Others( record answer in this box ) 9

Parliament’s Perception on Electoral Reforms

I don’t know 999 Prefer not to answer 999

F. Reforms in Upcoming Election 17. Do you think reforming the electoral laws and structures of electoral commissions is necessary?

Yes 1 No 2 I don’t know 999 Prefer not to answer 999

18. Do you agree with changing electoral system in order to strengthen participation of political parties in the parliament? yes ( proceed to question 18.1) 1 no (skip to questions 19) 2 I don’t know (skip to question 19) 999 Prefer not to answer (skip to question 19 ) 999

18.1. If the electoral system is changed how many seats of Wolesi Jirga should be allocated to political parties?

Please write the number here

I don’t know 999 Prefer not answer 999

19. If electoral commission regularly submits reports to the parliament on the progress of its work, how much will this approach contribute to the accountability of the commission?

A lot 1 Much 2 Some 3 A little 4 I don’t know 999 Prefer not to answer 999

20. Do you agree with placing some type of special measures for women candidates in conditions for candidates (supporting cards, deposit fees…..)?

Yes 1 No 2 I don’t know 999 41

Parliament’s Perception on Electoral Reforms

Prefer not to answer 999

21. Aside from cash fines stated in the law for those who perpetrate fraud and violate electoral laws, what other approaches should be added to the law to decrease fraud and electoral violations. Select one option.

Based on severity of crime, cash fines and 1 imprisonment must be considered for those who perpetrate fraud or violate the laws. Wide scale frauds must be defined in the law 2 along with an appropriate punishment Electoral court must be established to review 3 electoral crimes and separate laws must be codified Other (record answer in this box) 4

I don’t know 999 Prefer not to answer 999

22. In your opinion, how much a decrease in the number of members of Election Commission will make the commission accountable and increase its effectiveness?

A lot 1 Much 2 Some 3 A little 4 I don’t know 999 Prefer not to answer 999

23. How much assigning members of commission with specific tasks and responsibilities will make them accountable and increase the effectiveness of their performance?

A lot 1 Much 2 Some 3 A little 4 I don’t know 999 Prefer not to answer 999

24. Do you think replacing provincial offices of Election Commission with provincial commissions will help commission to better administer the process in provinces/

Yes 1

Parliament’s Perception on Electoral Reforms

No 2 I don’t know 999 Prefer not to answer 999

25. Placing limits on contributions to candidates during campaign can create a level playing field among candidates.

Agree 1 Disagree 2 I don’t know 999 Prefer not to answer 999

26. In your opinion, when there is a disagreement between the electoral commissions, who should make the final decision?

Independent Election Commission 1 Independent Electoral Complaints Commission 2 Joint commission (electoral commission and 3 electoral complaints commission) Other (record answer in this box) 4

I don’t know 999 Prefer not to answer 999

27. Do you agree with having a specific definition of campaign expenditures in the law?

Yes 1 No 2 I don’t know 999 Prefer not to answer 999

28. For further independency of electoral commissions, how should candidates nominated for membership at electoral commissions receive votes from parliament?

Receive confirmation votes in package 1 Receive confirmation vote individually 2 Receive vote of confidence 3 Other(record answer in this box) 4

I don’t know 999 Prefer not to answer 999

Parliament’s Perception on Electoral Reforms

According to article 10 and 20 of the Law on Structures, Duties and Authorities of Electoral Commissions the members of commission will be dismissed in following conditions:

 Conviction of committing felony  Deprivation of civil rights on the order of a competent court  Proven membership in political parties during incumbency  Consecutive absenteeism for more than twenty days without justifiable legal reasons  Suffering incurable sickness for more than twenty days that impedes the execution of his/her duties  Disregarding article 13 of this law 29. Aside from the above mentioned conditions, what other conditions do you recommend for dismissal of members of commissions?

Perpetrating financial or administrative 1 corruption Violating impartiality and taking political 2 stances Consecutive absenteeism in more than three 3 sessions Misuse of position and authority 4 Negligence in handling assigned duties 5 other (record answer in this box) 6

I don’t know 999 Prefer not to answer 999

30. In your opinion, which institution should have the right to dismiss members of commissions?

Presidential palace 1 Parliament 2 General attorney 3 Supreme court 4 Members of commission 5 Other(record answer in this box ) 6

I don’t know 999 Prefer not to answer 999

31. In your opinion, if the Electoral Complaints Commission make its decisions openly and exposes the source of its decisions; how can this approach increases transparency of the commission?

A lot 1 Much 2 44

Parliament’s Perception on Electoral Reforms

Some 3 A little 4 I don’t know 999 Prefer not to answer 999

32. Do you think it is necessary to mention the duties and responsibilities of head of secretariat of Election Commission in the Law on Duties, Structure and Authorities?

Yes 1 No 2 I don’t know 999 Prefer not to answer 999

33. What is the best role that international community can play in upcoming parliamentary election? Please select 5 options.

Grant funds 1 Provide technical assistance 2 Increase capacity of electoral officials and staff 3 Help maintain security 4 Provide political support 5 Increase public awareness by conducting or 6 helping domestic organizations conduct awareness programs. They should not be involved at all 7 Other (record answer in this box ) 9

I don’t know 999 Prefer not to answer 999

34. In your opinion, how can having two international members at the Electoral Complaints Commission who don’t have the right to help increase transparency and accountability of the commission?

A lot 1 Much 2 Some 3 A little 4 I don’t know 999 Prefer not to answer 999

35. Do you think it’s necessary to mention the rights and benefits of electoral commissioners in the law?

Yes 1 No 2 45

Parliament’s Perception on Electoral Reforms

I don’t know 999 Prefer not to answer 999

Ending time of interview _ _ : _ _ ☐ before noon / ☐ after noon

Parliament’s Perception on Electoral Reforms

Annex 5: List of surveyed MPs

The following list includes the specifications of MPs who participated in this survey.

Province MP's Name Gender Abdul Rauf Inhami Male Abdul Wodod Niazi Male Badakhshan Amanullah Paiman Male Mohammad Zekria Sawda Male Sayed Mohammad Musa Male Ghulam Sarwar Fayez Male Badghis Safia Aimaq Female Qazi Abdulwasim Male Shukria Esakhil Female Najia Aimaq Female Baghlan Mohammad Azim Mohseni Male Maiudding Mehri Male Mohammad Abduh Male Breshna Rabi Female Balkh Mohammad Farhad Azimi Male Safora Niazi Female Bamyan Fakuri Behshti Male Sadeqi Zada Nili Male Sheren Mohseni Female Daikundi Sayed Dawood Naser Sadat Male Asadullah Sahadati Male Farah Omaira Ayubi Female Rangina Kargar Female Fawzia Raufi Female Faryab Mohammad Hashim Ortaq Male Asefa Shadab Female Nafisa Azemi Female Ghazni Mohammad Ali Akhlaqi Male Abdul Qayum Sajadi Male Sima Joyenda Female Roqia Nayel Female Ghor Dr. Abrahim Malikzada Male Sayed Nader Shah Bahr Male Helmand Nematullah Ghafari Male

Parliament’s Perception on Electoral Reforms

Province MP's Name Gender Habiba Danesh Female Abdul Jabar Qahraman Male Mohalem Mir Wali Male Saleh Mohammad Saljoqy Male Najla Dehqan Nezhad Female Herat Masouda Karukhi Female Ghulam Faroq Majro Male Baz Mohammad Jowzjani Male Abdul Satar Durani Male Jowzjan Babur Farahmand Male Haji Mohammad Ismail Mohammadi Male Enayatullah Babur Farahmand Male Urfanullah Urfan Male Sherwali Wardak Male Robaba Parwani Female Abdul Hafiz Mansoor Male Kubra Mustafawee Female Shokria Barekzai Female Dr. Jafar Mahdawi Male Kabul Fawzia Naseryar Female Allah Gul Mujahid Male Dr. Jafar Mahdawi Male Mula Tarakhil Mohammadi Male Sayed Ali Kazemi Male Alhaj Qais Hassan Male Haji Mohammad Dawood Kalakani Male Attaullah Habib Male Shekiba Hashemi Female Kandahar Alhaj Sayed Mohammad Akhund Male Hameeda Yousufi Female Tahera Mojadedi Female Kapisa Mirdad Nejrabi Male Iqbal Safi Male Khust Mirbat Khan Mangal Male Parween Dorani Female Hassan Sahrayee Male Kochi Haji Haidara Khan Naimzoy Male Alhaj Mohammad Nazer Ahmadzai Male

Parliament’s Perception on Electoral Reforms

Province MP's Name Gender Hameeda Ahmadzai Female Mohammad Yousof Saber Male Haji Sakhi Mashwani Male Kunar Haji Saleh Mohammad Saleh Male Wagma Sapi Female Allah Nazar Nazari Turkman Male Kunduz Abdul Wodod Paiman Male Kamal Safi Male Mohammad Hassan Mamozai Male Zefnoon Safi Female Laghman Alhaj Naqibullah Male Alhaj Mohammad Hassan Mamozai Male Haji Ali Mohammad Shahedi Male Logar Mohammad Akbar Estanikzai Male Haji Mohammad Akbar Estanikzai Male Maidan Wardak Hamida Akbari Female Perbakhsh Gardewal Male Dr. Esmat Shinwari Male Alhaj Azrat Ali Male Engineer Ghafar Male Freshta Anwari Female Nangarhar Lailuma Wali Hakimi Female Sharifullah Shinwari Male Sayma Khugyani Female Amir Khan Yar Male Haji Mohammad Omar Nangyalai Male Alhaj Amirjan Dawlatzai Male Freshta Amini Female Nimroz Farida Hameedi Female Mawlawi Ahmadullah Nooristani Male Nooristan Parwen Nooristani Female Nawab Mangle Male Mohammad Ibrahim Ghushtali Male Paktia Haji Gul Padshah Majidi Male Dr. Mujiburahman Samkanay Male Zaher Sahadat Male Panjsher Rahela Salim Female Parwan Zakia Sangin Female

Parliament’s Perception on Electoral Reforms

Province MP's Name Gender Khawaja Seddiqullah Osmani Male Abdul Satar Khawasi Male Masouma Khawari Female Samangan Makhdum Abdullah Male Khair Mohammad Aimaq Male Sar-e-Pul Mohammad Hassan Sharifi Balkhabi Male Aziza Jalis Female Abdul Baqi Malikzada Male Sayed Akram Masoumi Male Takhar Mariam Kofi Female Habiba Danesh Female Uruzgan Rehana Azad Female Hameedullah Tukhi Male Zabul Abdul Qader Qalatwal Male

Annex 6: Focus Groups Participants

No Name Organization/ Institution Category Position 1 Shirin Mohsini Wolesi Jirga People’s Representative 2 Aziza Jalis Wolesi Jirga People’s Representative 3 General Wolesi Jirga Member of People’s Naqibullah Parliament Representative 4 Rubaba Parwani Wolesi Jirga People’s Representative 5 Wajma Sapai Wolesi Jirga People’s Representative 6 Nasir Ahmad Green Tren Party Member Farahmand 7 Zakira Anwar Jamiat-e Islami Party Member 8 Adela Bahram Republicans Party of Afghanistan Chairman 9 Said Omar Ezami Islamic Party of Afghanistan Cultural Affairs Political Party Director 10 Abdil Wali Mahaz-e Milli Executive Council Fayeez Member 11 Astana Gul Afghan Millat Chairman Sherzad 12 Reza Hussaini Research Institute for Women, Senior Researcher CSO Peace and Security

Parliament’s Perception on Electoral Reforms

13 Meena Afghan Women Network Advocacy Officer

Parliament’s Perception on Electoral Reforms

About this report

This report was developed by FEFA’s research team:

Survey team:

 Hosai Dawlatzai – Team leader  Payenda Mohammad Hekmat Sapi – Surveyor  Huma Rahimi – Surveyor  Sulaiman Ghalib – Surveyor  Jawed Zahed – Surveyor  Haseeb Motaref – Surveyor

Authors:

 Mohammad Aqil Azad (Analyst)  Ali Akbar Haidari  Raheda Hakim

Translator

 Omid Noorzai

Layout and Design:

 Mohammad Aqil Azad

Under the supervision of:

 Mohammad Naeem Asghari – Program Manager

Thanks to all FEFA’s employees who revised and shared their views with us.

Parliament’s Perception on Electoral Reforms

Copyright © Free and Fair Election Forum of Afghanistan, 2015. All rights reserved. You may use, reproduce and quote from this report without restrictions as long as you attribute the information to make no commercial use of it without FEFA’s prior consent.

Parliament’s Perception on Electoral Reforms

This survey is conducted by FEFA with members of parliament from Wolesi Jirga. The views expressed in this report are those of the participants and do not necessarily reflect the views of FEFA and the authors.