Parliament\'s perception on electoral reform

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 these valuable findings, and to all FEFA staff members who led this process from data collection to data analysis and to the realization of this report. 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.

I

Foreword Afghanistan’s troubled 2014 elections indicated that there is still need for grassroots reforms, as challenges are in great scale and can once again threaten the credibility of upcoming elections, if not mitigated. The agreement on establishment of National Unity Government, among other issues, 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 repeatedly threatened the credibility and integrity of elections. Fundamental changes were needed to prevent yet another challenging electoral process. However, the 2014 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 tight electoral timeline didn’t allow the electoral commissions to conduct a comprehensive assessment of their existed capacity and resources, and to undertake necessary and sufficient measures for holding credible 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 grassroots 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

II

Table of Contents ACKNOWLEDGEMENTS

I

FOREWORD

II

ACRONYMS

VI

EXECUTIVE SUMMARY

1

I. INTRODUCTION

3

II. THE ELECTORAL REFORM COMMISSION

4

A. B. 1. 2. 3.

4 4 5 5

STRUCTURE OF ELECTORAL REFORM COMMISSION POTENTIAL ACHIEVEMENTS OF THE ELECTORAL REFORM COMMISSION DEVELOPING A NATIONAL STRATEGY FOR ELECTORAL REFORM PATHOLOGY OF BARRIERS TO FREE ELECTIONS IN 2014 REVIEWING LEGAL FRAMEWORK FOR ELECTIONS AND REASSESSING THE STRUCTURE OF ELECTORAL

C. COLLABORATION BETWEEN THE ELECTORAL REFORM COMMISSION AND THE STAKEHOLDERS

5 6

III. PRECONDITIONS CRITICAL FOR UPCOMING ELECTIONS

7

COMMISSIONS

A. 1. 2. 3. 4. 5. 6. B. 1. 2. 3.

ELECTION LAW ELECTORAL SYSTEM POLITICAL PARTIES IN PARLIAMENT CONDITIONS FOR WOMEN’S POLITICAL PARTICIPATION EFFECTIVE APPROACHES TO MITIGATE ELECTORAL FRAUD CAMPAIGN SPENDING LIMITS CAMPAIGN CONTRIBUTION LIMITS THE LAW ON THE ORGANIZATION, DUTIES AND AUTHORITIES OF THE ELECTORAL COMMISSIONS STRUCTURE NOMINATION AND ELECTION OF ELECTORAL OFFICIALS RECEIVING INDIVIDUAL VOTE OF CONFIRMATION FROM THE PARLIAMENT IN CASE OF CHANGING

ELECTORAL LAW

4. 5. 6. 7.

MEMBERSHIP AND DISMISSAL OF MEMBERS DEFINING THE SALARY AND BENEFITS OF ELECTORAL OFFICIALS IN ELECTORAL LAWS DEFINING THE DUTIES AND RESPONSIBILITIES OF ELECTORAL OFFICIALS IN ELECTORAL LAWS HOLDING ELECTORAL COMMISSIONS ACCOUNTABLE BY PRESENTING ANNUAL AND POST-ELECTION

7 7 8 10 12 13 13 14 14 14 15 16 17 18

19 ADJUDICATION OF ELECTORAL COMPLAINTS 20 SETTING UP PROVINCIAL ELECTORAL COMMISSIONS 21 FORMING JOINT COMMISSIONS TO DECIDE ON CONTROVERSIAL ISSUES 21 INTERNATIONAL OBSERVERS AS MEMBERS OF INDEPENDENT ELECTORAL COMPLAINTS COMMISSION 22

REPORT

8. 9. 10. 11.

IV. CHALLENGES AHEAD OF THE PARLIAMENTARY ELECTIONS

23

A. SECURITY CHALLENGES B. LACK OF PUBLIC CONFIDENCE IN ELECTORAL COMMISSIONS C. INTERVENTION OF LOCAL POWERBROKERS IN THE ELECTION PROCESS III

23 23 24

D. VIOLATION OF THE CODE OF CONDUCT BY ELECTION OFFICIALS E. FINANCIAL CHALLENGES F. LACK OF PARTY SYSTEM

24 24 24

V. THE ROLE OF INTERNATIONAL COMMUNITY IN UPCOMING ELECTIONS

25

VI. CONCLUSION

26

METHODOLOGY

28

A. B. 1. C. D. E.

28 28 28 28 28 28

LITERATURE REVIEW QUESTIONNAIRE PILOT TEST SAMPLING INTERVIEW FOCUS GROUP

ANNEXES

29

ANNEX 1: SOURCES USED ANNEX 2: SEMI- STRUCTURE INTERVIEW QUESTIONS ANNEX 3: FOCUS GROUP ANNEX 4: QUESTIONNAIRE ANNEX 5: SURVEYED MPS LIST ANNEX 6: FOCUS GROUPS PARTICIPANTS

29 29 30 31 42 46

ABOUT THIS REPORT

47

IV

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

V

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

Headquarter

VI

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 focus group meetings that were held in FEFA for three times. 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 a free and fair election. 64% of the survey respondents say development of a national strategy for electoral reform could be 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 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. However, 26% of the respondents say they have yet to make any decisions. Only 7% of the respondents will run on behalf of political parties. Based on this survey, 60% of the respondents say there is a need for change in the electoral system. They believe 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 meetings and found out 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 show disagreement are male MPs. At the focus group meeting with MPs, participants linked the barriers to women’s participation to 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 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 1

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 meetings, 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 solve 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.

2

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, implementation of short-term reforms are mandatory.

3

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 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.

4

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, 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. 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 5

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%

Figure 2: Cooperation with the Electoral Reform Commission

6

20%

30%

40%

50%

60%

70%

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 sociocultural 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: I.

1

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

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

7

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. “Presence of political parties in parliament prevents individual decision makings and gives space for a healthy competition among the MPs.” Jafar Mahdavi. 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 8

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 Upcoming Election

Do You Nominate in 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 don't know

I havn't made decision yet 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.

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

Number of seats that shall be allocated to political parties 18%

4%

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

9

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 not involved 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 them.” 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. The 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 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.” The representative of Afghan-Millat party, Astana Gul-Shirzad says, "Previous government and the President Karzai created many barriers to participation of political parties. We always recommended having 50% of the seats in parliament allocated to political 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.

10

Easing conditions of candidacy for women

Easing the conditions of candidacy for women 1%

100% 80% 42%

60%

16.7% 55.8% 83.3%

40% 58%

20%

44.2%

0% Yes Yes

No

I prefere to not answer

Male

No 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. 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 meetings 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 meetings 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 that men’s 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.” 11

Reza Hussaini, a professor and a civil activist represented the Institute for Women, Peace and Security at the focus group meeting. 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 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.

12

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 Article 49 of the Election Law outlines the amount of campaign spending and the limitations. Based on the given article, candidates running for parliamentary elections can 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.

13

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 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. 14

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. According to FEFA’s survey, if electoral system changes, the appointment mechanism of electoral commissioners must change as well. 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 of confidence from parliement 70% 60% 50% 40% 30% 20% 10% 0%

64%

11% Confirmation Confirmation vote as a package vote as individual

18%

Vote of confidence

3%

4%

1%

Must not receive vote from parliament

I don't know

Prefere to not answer

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

At the focus group meetings 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 15

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. 2. 3. 4.

Must be an Afghan citizen Must have higher education Must be at least 30 years of age 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 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.

16

Beside the conditions mentioned in the law, other conditions must be considered for dissmissal of commission members Perpetrating imoral corruption Every kind of action which damage the vote of people Lack of participating in 3 successive sessions of… Working negligence Breaching impartiality and getting political stance Commiting corruption Misusing office and authorities

1% 1% 11% 19% 45% 56% 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 Parliament Supreme Court Members of commission Attorney General I don't know Executive office by approval of president By the Commission on Oversight the… 0%

50% 29% 11% 4% 4% 1% 1% 1% 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 In electoral laws there is not any specific article regarding the salary and benefits of the electoral commissioners, so there needs to be further clarification to ensure transparency. According to the survey, 95% of the respondents say that the articles of the laws must clearly outline the salary and benefits of the commissioners.

17

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 30% 20%

10%

15%

13% 1%

2%

17%

21%

25%

7%

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)

18

Assigning each member in a specific area increases their work effeciency and their accountability 5%

1%

2%

1%

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% 0%

10%

20%

30%

40% Yes

No

50%

2% 1% 60%

70%

80%

90%

100%

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. 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 19

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%

0%

10%

20%

30% A lot

Much

17%

40%

50%

Some

A little

60%

70%

80%

5% 4% 3%

90%

100%

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 legal institution for handling complaints on electoral violations and fraud. 81% of the survey respondents say that open and coherent 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

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 meeting, Wajma Sapai an MP says, “It is extremely important for the IECC to maintain impartiality at all time. We must 20

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.” 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.

21

Who should make the final decisions when there is dispute among the electoral commissions 60% 50% 40% 30% 20% 10% 0%

54%

24% 12%

7%

1%

1%

1%

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.

Presence of two international observers at the IECC can increase transparency of IECC performance 70% 60% 50% 40% 30% 20% 10% 0%

64%

23%

A lot

Much

2%

5%

3%

Some

A little

Disagree

2%

2%

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." 22

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 has 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.

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.

23

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 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.

24

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.

25

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 the presence of political parties; The Afghan criminal law must provide a concise 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 from various sources; Conditions set out in the laws for dismissal of IEC and IECC members must be amended in a way 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 Electoral laws must clearly define the salary and benefits of the IEC and IECC members.

Enhancing the 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. The MPs demand the IECC to publicly hold its hearing and decision making sessions and expose the 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. 26

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 meetings, 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 at the focus group meetings. 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 meetings 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.

27

Methodology This survey is based on the electoral reform which generally states views and opinions of MPs, parties and civil societies. To acquire the views and opinions, different approaches have been used such as; literature review, questionnaire, interview with MPs and focus groups. A. Literature review To conduct this survey, literature review was conducted to design the questionnaire. Official laws were referred to clarify on some cases. The references are; constitutional law, electoral law, the law on organization, duties and authority of electoral commissions. FEFA as well as other organizations’ findings have been used too. Reference list is available in Appendix 1.

B. Questionnaire FEFA research team studied election related legal resources before designing the questionnaire. There were a total of 35 questions including respondents’ demography in the questionnaire. Regardless of demography section, there were 4 main subjects: 1) Parliament’s functions 2) upcoming election 3) structure of electoral reform commission 4) reform in upcoming election. Questionnaire is in both Dari and Pashtu. For more information, please refer to Appendix 4. 1. Pilot test FEFA research team run the pilot test before beginning the survey in the field in order to ensure the clarity of questions and removing any confusion in understanding and stating the questions. This pilot test was done with elite people whose legal and social positions were of the same level with MPs. C. Sampling In this survey, various specifications were considered to select the MPs. According to FEFA’s plan, 50% of MPs should have included 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 a lawyer, he/she was replaced with another person from the same group. The replacement of remaining individuals were randomly selected.

D. Interview The survey interviews were conducted with 125 MPs of Wolesi Jirga. There were 6 interview questions both in person and by telephone. On the whole (1200) minutes recorded and after transcribing, they were analyzed by the software in order to be used in this research report. Interview questions of this survey is available in Appendix 4 of this report. E. Focus group For better quality of survey, FIFA conducted 3 Focus Group discussion at FEFA. The main questions raised in group discussions were about the most important findings of the survey on electoral reform. Each focus group discussion lasted almost two hours. The first focus group was with MPs, the second and third were with Parties representatives and civil society members. For raised questions in focus groups, see Appendix 3 to this report.

28

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 successful completion of the survey with MPs on electoral reforms, FEFA surveyors asked 6 semi-structured interview questions. 1. Do you agree with changing electoral system in order to strengthen presence of political parties in parliament? Please tell us the reasons. 2. What approach do you recommend on sequence reporting of electoral commissions to ensure their performance are accurate and impartial? 3. Deeming previous election, how can we rebuild public trust on electoral commissions and election process? 4. When is it effective to scrutinize and handle the electoral complaints by Electoral Complaints Commission? 5. What role could parliament play to speed up the start and distribution of electronic ID card? 6. How can government’s intervention be prevented in election process? The answers from the audio recorded files were than transcribed and transferred to NVivo for analysis.

29

Annex 3: Focus Group Focus groups on survey findings 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 presence of political parties in parliament. However, 34% of them said that 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 about this modification accordingly? 2. 81% of MPs said that open decisions and specifying the source of decisions of IECC are effective to increase the transparency and satisfactions of electoral party quarrels. What other approaches do you recommend to increase transparency on the function 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 issue. The supporters of this issue said 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 ease the conditions of candidacy (numbers of supporting cards and deposits…) for women. 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 method ensure independency of electoral commissions and prevent political influences? 6. 64% of MPs believe that presence of two international members (without having the right to vote) at IECC can help a lot to increase the transparency. If, these two members do not have the right to vote or any authority, how can they help in increasing the transparency? And isn’t national sovereignty challenged in this case? 7. A method which can make electoral commissions accountable is presentation of 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 observation findings indicate that among 17101 stations of which its results have been announced in the first round, 93% of stations’ results do not match for both presidential and provincial councils. The votes of 30% of stations (178 thousand votes) for provincial councils’ election were more than the votes of presidential election. However, the votes of 70% of stations (457 thousand votes) for presidential election were more than provincial councils’ election. The difference of votes was between 0 to 600. What approaches do you recommend to prevent such cases? 9. FEFA recommended establishment of Tally Centers at districts level. Do you agree with this? Please tell us your comments.

30

Annex 4: Questionnaire

Questionnaire # Interviewer name Interviewer F/name Day Interview date Starting time

/

Month /

Year

2014

- - : - -

☐ before noon

/ ☐afternoon

A. Introduction and survey’s purpose Electoral reform is a priority of National Unity Government but no practical action is taken in this regard yet. Holding election without reforming the electoral system will be challenging as previous elections. We want to know your concerns in this regard as a representative of people in parliament or potential candidates in upcoming parliamentary election. What approaches should the National Unity Government take to reform the electoral system? The Free and Fair Election Forum of Afghanistan (FEFA) as an independent civil society election observation organization held this survey to reflect the view MPs. The interview with each MP will take 15 minutes. The results of this survey will be shared with members of parliament, civil society, government and other related institutions. B. Information on interviewee 1. Interviewee name :(if not like, don’t write)______________________ 2. Interviewee’s phone number) :if, not like don’t write________________________ ( 3. (respondent’s gender) Male Female

1 2

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

5. Which province do you represent?

6. What is your educational degree? I have never attended school Religious studies

1 2 31

Primary School Secondary School 14th class pass BA Masters PHD Other (record answer in this box)

3 4 5 6 7 8 997

Prefer not to answer

999

7. What is your ethnicity? Pashtoon Tajik Hazara Uzbek Turkman Baloch Nooritstani Hindu Aimaq Kirgiz Arab Pashayee Other (record answer in this box)

1 2 3 4 5 6 7 8 9 10 11 12 997

Prefer not to answer

999

8. Which parliamentary group do you belong to? Etimad Parliamentary group Voice of justice Parliamentary group Saba Parliamentary group Peace Caravan Parliamentary group Resalat Parliamentary group National Felicity Parliamentary group National Parliamentary group None Other (record answer in this box)

1 2 3 4 5 6 7 8 997

I don’t know Prefer not to answer

998 999

C. Parliament Performance

32

9. Three main duties of parliament is mentioned in the law. In your opinion how parliament was successful in performing each one of them? 1

2

3

A lot

Much

4 A Some little

998 I don’t know

999 Prefer not to answer

9.1 Oversight the performance of government 9.2 Ratification of laws 9.3 Representing from people 10. In your opinion what are the negative impacts of MPs sequence absence on parliaments’ performance? A lot Much Some A little I don’t know Prefer not to answer

1 2 3 4 999 999

Questions on upcoming election .D 11. Do you plan to nominate in upcoming parliamentary election? Yes ( proceed to question 11.2) No (skip to question 11.2) I haven’t made any decision yet (skip to question 12 ) Prefer not to answer (skip to question 12 ) 11.1.

1 2 999 999

.Name three factors which prevent your candidacy

There is no enough security in my province to hold campaign and candidate Fraud takes place in election I don’t trust on electoral commissions Local influential intervene the electoral process(The local powerbrokers are interfering in the electoral process) Government officials interfere the electoral process Officials of Election Commission support specific people I don’t have enough money for campaign I think people will not vote me I have personal problems to handle Other (record answer in this box ) 33

1 2 3 4

5 6 7 9 9 11

I don’t know Prefer not to answer

999 999

11.2. You will be an independent candidate or on behalf of political party or Political coalition? I will be an independent candidate I will nominate on behalf of political party I don’t know I prefer to not answer

1 2 999 999

12. .Select three major problems that exist before candidates in your province. Local people will not take part in election ( proceed to question 12.1) The polling stations lack the necessary facilities Improper administration of process by electoral bodies Lack of women participation in electoral process due to cultural barriers Local influential intervene the process in favor of specific candidates The staff of Election Commission do not keep their impartiality Insecurity for candidates(during registration and electoral campaign) Remoteness of polling stations from people homes There are not enough polling stations for voting. Other (record answer in this box) )

1

I don’t know Prefer not to answer

999 999

2 3 4 5 6 7 9 9 11

12.1. In your opinion, why people in your province will not participate in the voting process? Cultural barriers prevent people participation in election. Do not trust on electoral commissions Armed opponents prevent people participation in election They disagree with principle of election Other( record answer in this box )

34

1 2 3 4 5

I don’t know Prefer not to answer

999 999

E. Establishment of Electoral Reform Commission 13. How much do you agree that electoral reform process pave the ground for holding a free and fair election in future? A lot Much Some A little I don’t know Prefer not to answer

1 2 3 4 999 999

14. According to agreement on establishment of National Unity Government, the Electoral Reform Commission is established to reform the electoral system and election process. Select three options which can achieved from the work of Electoral Reform Commission. Specifying short-term and long-term objectives of electoral reform process Development of a national strategy for electoral reform Pathalogy of previous Elections Observing the upcoming Parliamentary election Holding upcoming election Selecting new members for electoral comissions Assessment of Afghanistan's electoral framework, electoral laws and institutions organizing elections Study and reviewing of capacity /technical mechanism in relation to the launch of the election campaign to the diffirent areas and types of elections Presentation and implementation of short-term and long-term practical electoral reform proposals Separating the role of related bodies to ensure intactness of election process Other (record answer in this box)

1

I don’t know Prefer not to answer

998 999

2 3 4 5 6 7 8

9 10 11

15. Select three options that you think are necessary for members of Electoral Reform Commission to increase the effectiveness of its works. Must be honest Muslim Must not have membership of political parties or Political coalition At least must hold bachelor degree 35

1 2 3

Completed 25 years old and must not be very old Must have good view and strong management ability Must have experience of work at electoral fields (election administration, election observation, research or solving electoral disputes) Must have experience of work in fields of human rights or political rights Must have good reputation and working background Only have citizenship of Afghanistan Other (record answer in this box)

4 5 6

I don’t know Prefer not to answer

999 999

7 9 9 11

16. To implement electoral reform the cooperation of related electoral bodies are necessary with Electoral Reform Commission. In your opinion which Institution should have more role in electoral reform process? Select three Institutions . Independent Election Commission Independent Electoral Complaints Commission National Unity Government Parliament and MPs Civil Society Organizations Political parties or coalitions Media Others( record answer in this box )

1 2 3 4 5 6 7 9

I don’t know Prefer not to answer

999 999

F. Reforms in Upcoming Election 17. do you think reforming the electoral laws and structures of electoral commissions is necessary? Yes No I don’t know Prefer not to answer

1 2 999 999

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

1 2 999 999

36

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 Prefer not answer

999 999

19. How much presentation of working reports to parliament by Election Commission can strengthen the mechanism of accountability of members of electoral commissions to people? A lot Much Some A little I don’t know Prefer not to answer

1 2 3 4 999 999

20. Do you agree with easement of conditions of candidacy (supporting card, deposits…..) for female candidates? Yes No I don’t know Prefer not to answer

1 2 999 999

21. Beside, cash fine which predicted for those who perpetrate fraud and violate the laws, what other approaches should be added to the law to decrease fraud and electoral violations. Select an approach? According to extent of crime cash fine and imprisonment must be considered for those who perpetrate fraud or violate the laws. Widespread frauds must be defined by law and its punishment must be selected. Electoral court must be established to review electoral crimes and separate law must be codified for it. Other (record answer in this box)

1

I don’t know Prefer not to answer

999 999

2 3

4

22. In your opinion, how much decrease of members of Election Commission make the Election Commission accountable and increase its effectiveness? 37

A lot Much Some A little I don’t know Prefer not to answer

1 2 3 4 999 999

23. How much assignment of each member in a specific working fields of commission can make them accountable and increase the effectiveness of their performance? A lot Much Some A little I don’t know Prefer not to answer

1 2 3 4 999 999

24. Do you think changing of provincial offices of Election Commission to provincial commissions can help in better administration of commission, transparency and intactness of election process? Yes No I don’t know Prefer not to answer

1 2 999 999

25. Limiting the donation of natural and legal persons to candidates pave the ground for better competition among candidates. Agree Disagree I don’t know Prefer not to answer

1 2 999 999

26. In your opinion, whenever the electoral commissions disagree on a decision who should make the final decisions? Independent Election Commission Independent Electoral Complaints Commission Joint commission of both the above Other (record answer in this box)

1 2 3 4

I don’t know Prefer not to answer

999 999

27. Do you agree with specifying the expenditure amount of electoral campaigns? 38

Yes No I don’t know Prefer not to answer

1 2 999 999

28. Considering the independency of electoral commissions, how should the candidates of membership at electoral commissions receive votes of from parliament? Receive confirmation vote in package Receive confirmation vote individually Vote of confidence Other(record answer in this box)

1 2 3 4

I don’t know Prefer not to answer

999 999

According to article 10 and 20 of the Law on Structures, Duties and Authorities of Electoral Commissions the members of commission will be dismissed on following conditions:  Conviction of committing felony  Deprivation of civil rights on the order of a competent court  Proven membership in political parties during incumbency  Continuous absence for more than twenty days without justifiable legal reasons  Suffering incurable for more than twenty days without impedes the execution of duties  Disregarding the article 13 of this law 29. Beside above mentioned conditions what other conditions do you recommend for dismissal of members of commissions? Perpetrating financial or administrative corruption Violating impartiality and taking political stance Sequence absence in more than three sessions Misuse of office Neglecting other (record answer in this box)

1

I don’t know Prefer not to answer

999 999

2 3 4 5 6

30. In your opinion, which Institution should have the right to dismissal members of commissions? Presidential palace parliament General attorney Supreme court By members of commission

1 2 3 4 5 39

Other(record answer in this box )

6

I don’t know Prefer not to answer

999 999

31. In your opinion, if the Electoral Complaints Commission make its decisions openly and specify the source of their decisions; how can it increase transparency of its performance? A lot Much Some A little I don’t know Prefer not to answer

1 2 3 4 999 999

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 No I don’t know Prefer not to answer

1 2 999 999

33. What is the best role that international community can play in upcoming parliamentary election? Please select 5 options? Granting fund Providing technical tools Increasing the capacity of staff at electoral commissions Maintaining security Political support of election Increasing public awareness through holding awareness programs. They should not be involved Other (record answer in this box )

1 2 3

I don’t know Prefer not to answer

999 999

4 5 6 7 9

34. In your opinion, presence of two international members without having the right of vote in Electoral Complaints Commission how can help increase transparency in this commission? A lot Much Some A little

1 2 3 4 40

I don’t know Prefer not to answer

999 999

35. Do you think it is necessary to mention the rights and privilege of electoral commissioners in the law? Yes No I don’t know Prefer not to answer

Ending time of interview

1 2 999 999

__:__

41

☐ before noon / ☐ after noon

Annex 5: Surveyed MPs List The following list contains the specifications of MPs who participated in survey. Province

Badakhshan

Badghis

Baghlan

Balkh

Bamyan

Daikundi

Farah

Faryab

Ghazni

Ghor

Helmand

Herat

MP's Name Abdul Rauf Inhami Abdul Wodod Niazi Amanullah Paiman Mohammad Zekria Sawda Sayed Mohammad Musa Ghulam Sarwar Fayez Safia Aimaq Qazi Abdulwasim Shukria Esakhil Najia Aimaq Mohammad Azim Mohseni Maiudding Mehri Mohammad Abduh Breshna Rabi Mohammad Farhad Azimi Safora Niazi Fakuri Behshti Sadeqi Zada Nili Sheren Mohseni Sayed Dawood Naser Sadat Asadullah Sahadati Omaira Ayubi Rangina Kargar Fawzia Raufi Mohammad Hashim Ortaq Asefa Shadab Nafisa Azemi Mohammad Ali Akhlaqi Abdul Qayum Sajadi Sima Joyenda Roqia Nayel Dr. Abrahim Malikzada Sayed Nader Shah Bahr Nematullah Ghafari Habiba Danesh Abdul Jabar Qahraman Mohalem Mir Wali Saleh Mohammad Saljoqy Najla Dehqan Nezhad 42

Gender Male Male Male Male Male Male Female Male Female Female Male Male Male Female Male Female Male Male Female Male Male Female Female Female Male Female Female Male Male Female Female Male Male Male Female Male Male Male Female

Province

Jowzjan

Kabul

Kandahar

Kapisa Khust

Kochi

Kunar

Kunduz

MP's Name Masouda Karukhi Ghulam Faroq Majro Baz Mohammad Jowzjani Abdul Satar Durani Babur Farahmand Haji Mohammad Ismail Mohammadi Enayatullah Babur Farahmand Urfanullah Urfan Sherwali Wardak Robaba Parwani Abdul Hafiz Mansoor Kubra Mustafawee Shokria Barekzai Dr. Jafar Mahdawi Fawzia Naseryar Allah Gul Mujahid Dr. Jafar Mahdawi Mula Tarakhil Mohammadi Sayed Ali Kazemi Alhaj Qais Hassan Haji Mohammad Dawood Kalakani Attaullah Habib Shekiba Hashemi Alhaj Sayed Mohammad Akhund Hameeda Yousufi Sayed Mohammad Akhund Tahera Mojadedi Mirdad Nejrabi Iqbal Safi Mirbat Khan Mangal Parween Dorani Hassan Sahrayee Haji Haidara Khan Naimzoy Alhaj Mohammad Nazer Ahmadzai Hameeda Ahmadzai Mohammad Yousof Saber Haji Sakhi Mashwani Haji Saleh Mohammad Saleh Wagma Sapi Allah Nazar Nazari Turkman Abdul Wodod Paiman 43

Gender Female Male Male Male Male Male Male Male Male Female Male Female Female Male Female Male Male Male Male Male Male Male Female Male Female Male Female Male Male Male Female Male Male Male Female Male Male Male Female Male Male

Province

Laghman

Logar Maidan Wardak

Nangarhar

Nimroz Nooristan

Paktia

Panjsher

Parwan

Samangan

Sar-e-Pul

Takhar

MP's Name Kamal Safi Mohammad Hassan Mamozai Zefnoon Safi Alhaj Naqibullah Alhaj Mohammad Hassan Mamozai Haji Ali Mohammad Shahedi Mohammad Akbar Estanikzai Haji Mohammad Akbar Estanikzai Hamida Akbari Perbakhsh Gardewal Dr. Esmat Shinwari Alhaj Azrat Ali Engineer Ghafar Freshta Anwari Lailuma Wali Hakimi Sharifullah Shinwari Sayma Khugyani Amir Khan Yar Haji Mohammad Omar Nangyalai Alhaj Amirjan Dawlatzai Freshta Amini Farida Hameedi Mawlawi Ahmadullah Nooristani Parwen Nooristani Nawab Mangle Mohammad Ibrahim Ghushtali Haji Gul Padshah Majidi Dr. Mujiburahman Samkanay Zaher Sahadat Rahela Salim Zakia Sangin Khawaja Seddiqullah Osmani Abdul Satar Khawasi Masouma Khawari Makhdum Abdullah Khair Mohammad Aimaq Mohammad Hassan Sharifi Balkhabi Aziza Jalis Abdul Baqi Malikzada Sayed Akram Masoumi Mariam Kofi 44

Gender Male Male Female Male Male Male Male Male Female Male Male Male Male Female Female Male Female Male Male Male Female Female Male Female Male Male Male Male Male Female Female Male Male Female Male Male Male Female Male Male Female

Province Uruzgan Zabul

MP's Name Habiba Danesh Rehana Azad Hameedullah Tukhi Abdul Qader Qalatwal

45

Gender Female Female Male Male

Annex 6: Focus Groups Participants No Name 1 Shirin Mohsini

Organization/ Institution Wolesi Jirga

2

Aziza Jalis

Wolesi Jirga

3

Wolesi Jirga

4

General Naqibullah Rubaba Parwani

5

Wajma Sapai

Wolesi Jirga

6

Nasir Ahmad Farahmand Zakira Anwar Adela Bahram Said Omar Ezami

Green Tren

Abdil Wali Fayeez Astana Gul Sherzad Reza Hussaini

Mahaz-e Milli

7 8 9 10 11 12 13

Meena

Category

Member of Parliament

Wolesi Jirga

Jamiat-e Islami Republicans Party of Afghanistan Islamic Party of Afghanistan

Political Party

Afghan Millat Research Institute for Women, Peace and Security Afghan Women Network

46

Position People’s Representative People’s Representative People’s Representative People’s Representative People’s Representative Party Member Party Member Chairman Cultural Affairs Director Executive Council Member Chairman Senior Researcher

CSO Advocacy Officer

About this report This report was produced by research team within FEFA: Survey Team:      

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

Report Writers:   

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

With thanks to all employees who revised and sent their comments on this report as one of FEFA’s publications.

47

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.

48

This survey is conducted by FEFA in Wolesi Jirga (lower house of the parliament) of Afghanistan. Information and opinions in this report merely states the views of members of parliament, interviewees and focus group participants.