Afghan Independent Human Rights Commission AIHRC AIHRC-UNAMA Joint Verification of Political Rights Wolesi Jirga and Provincial Council Elections Third Report 17 August - 13 September 2005 United Nations Assistance Mission in Afghanistan UNAMA 1 INTRODUCTION trends and general perceptions through interviews conducted with government authorities, political parties, candidates, 1. At the request of the Government elders, community leaders, members of of the Islamic Transitional State of civil society, journalists, the Joint Afghanistan and with the endorsement Electoral Management Body (JEMB), of the Berlin Conference, the United the Electoral Complaints Commission Nations Assistance Mission in (ECC) and the Provincial Election Afghanistan (UNAMA) and the Afghan Commissions (PEC). Independent Human Rights Commission (AIHRC) are jointly verifying the 4. In total more than 140 incidents exercise of political rights in were recorded by the Joint Verification Afghanistan with a view to ascertaining Unit. Of these cases, 36 were verified; the situation of political rights; making 47 are pending further investigation; 24 appropriate recommendations to the were found to be baseless; and 36 could authorities; and thereby contributing to not be verified due to insufficient the creation of an environment information, lack of witnesses or conducive to free and fair elections. inability to carry out investigation due to remoteness of area or security 2. This report describes the trends restrictions. observed and maps out the types of violations and incidents that have Trends constrained the exercise of political rights between 17 August and 13 Campaigning Activities September and reviews the trends observed during the campaign period. 5. With the official launch of the An update on the recommendations electoral campaign, male and female noted in the previous report is also candidates have engaged in a variety of included. campaign activities, ranging from private meetings with shuras and mullahs to rallies involving thousands of METHODOLOGY people. Throughout the country, streets, shops and bazaars are checkered with an 3. During the reporting period, the assortment of posters, banners and flyers observers from the eight UNAMA and of Provincial Councils (PC) and Wolesi eleven AIHRC regional offices Jirga (WJ) candidates. The campaign continued to monitor the environment messages and interviews of over 2,000 and to actively collect information in candidates have also been broadcast on order to evaluate the conditions for the radio and television in 27 provinces. exercise of political rights. Verification While this has been a positive feature of activities included formally registering the campaign period, there are some complaints submitted by the population, candidates who have been deprived of verifying cases, undertaking field this opportunity due to lack of radio and missions to all the provinces to assess television programs in their provinces or the general environment, monitoring the districts. media and collecting information about 2 While the issue of the defacement of the Taliban have claimed responsibility. candidate posters has also resurfaced this While election workers have also been year, preventative and corrective action the target of such attacks, the number of by authorities and community leaders such incidents has decreased in the last have in some cases led to a cessation of month. such vandalism. At the same time, such problems persist in areas such as 10. While the climate of insecurity in Kandahar and Ghor. the provinces along the eastern border has been the primary area of concern, 6. There have also been a number candidates have identified other parts of of reports of candidates exceeding the country -such as districts in Faryab, campaign spending limits, engaging in Daikundi, Kapisa, Bamyan. Logar and bribery and slandering other candidates. Ghor- as problematic due to a variety of reasons, including the presence of Partiality commanders, the role of corrupt officials and the infiltration of anti-government 7. The increase in political activities elements. has coincided with an escalation of complaints by candidates about district 11. In the southern region, where and provincial officials abusing their most of the killings of candidates have positions and exhibiting partial behavior. occurred, security concerns are the main In areas such as Parwan, Bamian, factor constraining effective Ghazni, Helmand and Uruzgan, local campaigning. This is particularly true of officials are seen to be openly favoring Zabul, Uruzgan and some districts of certain candidates and deterring other Kandahar and Helmand. Most candidates from carrying out campaign candidates have reported that they are activities. unable to campaign outside of their areas of residence and their tribal networks. 8. There have also been three separate reports, two of candidates and 12. While police have generally been one of a candidate’s relative, being responsive in addressing candidate imprisoned and detained by local security concerns, the decision by the authorities. While the motives have not Minister of Interior (MOI) to allow been established, the findings in all three candidates to obtain licenses for two cases suggest that the candidacy of these bodyguards and two weapons has led to individuals may have been a factor in a great deal of confusion. Authorities their detention. have also applied these instructions with a great deal of arbitrariness, with some Security candidates obtaining licenses for a number of weapons and bodyguards but 9. Acts of intimidation and violence requests by others have been ignored. against candidates and community leaders have not abated since the Women previous reporting period and remain of serious concern. In the last month, four 13. Women candidates have been the candidates have been killed. In two cases target of a number of acts of 3 discrimination, intimidation and violent and procedures of these mechanisms. attacks in areas such as Kabul, Baghlan Many people are of the view that once a and Nangarhar. While these incidents complaint is lodged against a candidate, have served to heighten the security the ECC or PEC should immediately concerns of politically active women, it undertake action to remove the candidate has not prevented the majority of women from the ballot. There are also candidates from undertaking campaign legitimate complaints about the lack of activities or discouraged female voters follow-up and investigation of from attending political events and complaints registered. While in many rallies. Women candidates have actively cases, this is due to the fact that been campaigning throughout the complainants have failed to provide country, even in conservative parts of sufficient supporting evidence, there are the country, such as Paktia, Khost, also some PEC offices which do not Nimroz, Nangarhar and Kandahar. Many have the capacity to undertake are traveling to outlying districts, investigations and to respond to particularly where they are confident of complaints. having community support. Election Monitoring and Observation 14. There has been some negative reaction to such activities by religious 17. Thus far, 83,030 people have leaders, who in some cases have been registered to monitor and observe attempted to dissuade people from the elections, including 491 international voting for women candidates, claiming it observers; 4,633 domestic observers; is anti-Sharia. At the same time, other 77,339 candidate agents and 567 media religious leaders have espoused the representatives. opposite view and have pointed to Islam as a model that accords women and men the same rights to political participation. UPDATE ON It is particularly noteworthy that women RECOMMENDATIONS candidates in Herat have been granted the right to campaign in the local 18. A series of recommendations mosques. aimed at improving the electoral environment were provided in the 15. In many areas, local authorities second report. They primarily centered and police have been particularly on improving security through a series of responsive to women’s security concerns measures, including enhanced and have provided them with guards, cooperation between the police, national upon request. army, and between national and international security forces; the The ECC and PEC dissemination of instructions and training for the Afghan National Police 16. Verification staff from (ANP); the creation of security zones in throughout the country have reported vulnerable areas to allow candidates to concerns about perceived weakness in campaign without fear of violence and the ECC and PECs. In part, this is due to intimidation; the establishment of limited understanding about the mandate provincial coordination mechanisms 4 between the chiefs of police, set up bodies at the regional and Departments of Women’s Affairs provincial levels to ensure coordination (DOWA) and the National Security at the local level. On the issue of police Directorate (NSD) at the local level to training, while there is no evidence of address the security of women police being provided with additional candidates and voters; and the provision training, police in most parts of the of necessary resources and attention by country have reported receiving the Electoral Complaints Commission to instructions from the Ministry of Interior monitor the electoral environment and to instructing them to adopt necessary remove those found violating the measures to address the security