The Electoral Complaints Commission (ECC) is an independent Afghan body established under Article 61 of the Electoral Law to adjudicate all challenges and complaints related to the electoral process. The ECC is not part of the Independent Election Commission of Afghanistan but an entirely separate and independent body. The ECC has been re-established for the 2010 Wolesi Jirga (Lower House of Parliament) elections.
The ECC has two functions: in the first place it considers challenges to the eligibility of nominated candidates. The period for mounting such challenges has ended so no further challenges may be brought. The Commission is at the moment finalising its decisions on these challenges so that the IEC may publish its final candidate list on 22 June 2010 as the election timetable demands.
During the later stages of the electoral process – campaigning (23 June-16 September 2010), voting (18 September 2010), counting and tallying (18 September onwards) – the ECC will deal with complaints regarding electoral offences as defined in Article 63 of the Electoral Act. Complaints have to be filed within three days of the commission of an offence or within two days of the complainant becoming aware of it. The ECC has the authority to impose sanctions and penalties as identified in Article 64 if an offence is found to have been committed.
The ECC for the 2010 elections is composed of five commissioners appointed by the President: there are three national and two international commissioners. The Chairperson is Mr Justice Sayed Murad Sharifi (of the Supreme Court of Afghanistan) and the additional local members are Associate Professor Shah Sultan Akifi (Human Resources Director General at the Wolesi Jirga) and Mr Ahmad Zia Rafat (of the Faculty of Journalism at the University of Kabul). The two international members are Mr Safwat Sidqi of Iraq and Judge Johann Kriegler of South Africa.
The ECC has its headquarters in Kabul. It will also be represented in each province by a Provincial Electoral Complaints Commission (PECC). Commissioners and staff of the PECCs have been appointed and many offices are already functioning. Each PECC will have the authority in the first place to make the initial decisions on electoral offences, subject to appeal or review by the ECC.
Any person or organisation with a legitimate interest alleging that an electoral offence has been committed may file a complaint with the ECC, either at its headquarters or at a provincial office. In addition, each PECC and the ECC itself has the power to investigate a matter on its own initiative, i.e. without there having been a complaint.
