FAQs
Frequently Asked Questions
Who are the members of the ECC?
The ECC for the 2010 Wolesi Jirga elections has five commissioners appointed by Presidential Decree: there are three national and two international commissioners. The Chairperson is Judge Sayed Murad Sharifi (of the Supreme Court of Afghanistan) and the additional local members are Associate Professor Shah Sultan Akifi (Human Resources General Director 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.
What are the PECCs?
PECCs are the Provincial Electoral Complaints Commissions. There is a PECC in each of the 34 provincial capitals. Their commissioners too have been appointed by the President, five in each of the six larger provinces and three in every other province.
What kinds of complaints do the ECC and PECCs deal with? What types of complaints can I make?
The ECC and PECCs deal with all complaints relating to electoral offences, including violations of the laws and regulations relating to the elections. These could include:
- bribery, intimidation and other interference in the electoral process
- bias on the part of electoral officials
- changing or stealing electoral documents, such as ballots
- errors or fraud in polling and in the counting of votes
- violations of the Political Parties and Candidates’ Code of Conduct
Who can complain?
Anyone or any organisation with a legitimate interest alleging that an electoral offence has been committed can file a complaint with a PECC or the ECC. This means that any registered voter, candidate, observer or party official, among others, may file a complaint with a PECC, with a right of appeal to the ECC. The ECC or a PECC may also investigate cases on its own initiative.
What do the ECC and PECCs do with complaints?
They first examine each complaint to decide whether it meets certain basic requirements. If it does, the complainant or other witnesses may be contacted to try to get other evidence. The person(s) or organisation complained about is then given an opportunity to respond to the complaint. The name of the complainant will not be revealed. Once there is enough information, the ECC or PECC considers the case and either dismisses the complaint or imposes a sanction (or orders some other remedial action).
What kinds of sanctions can be imposed?
The ECC or a PECC can:
- issue a warning to an offending individual or organisation to refrain from the action in question
- order an offending individual or organisation to take remedial action
- impose a fine of up to 500,000 Afghanis
- order a recount of ballots or a repeat of polling
- remove a candidate from the candidate list
- prohibit an offending individual from serving as an electoral official for a period not exceeding 10 years
I am worried about my safety: can I file a complaint anonymously, or do I have to provide my name and contact information?
Anonymous complaints can’t be accepted. ECC rules require that you provide your full name and signature (or identifying mark). This helps ensure that complaints are authentic and that ECC resources are not used to investigate complaints intended to harass, intimidate or clog the system for political reasons. However, remember that the ECC and PECCs do not reveal the names of complainants.
Are complaints confidential?
Yes, the name and details of the complainant will not be shared with the person(s) or organisation whose conduct has been complained about. The complaint form will be accessible only to ECC/PECC staff.
Does it cost me anything to file a complaint?
No. The ECC/PECC complaint-handling process is free.
What is the role of the PECCs in dealing with complaints?
PECCs normally investigate and decide on complaints in their respective provinces. Wherever possible, PECCs will try to resolve complaints at the local level through discussions with the parties involved.
Are PECC decisions final?
All PECC decisions can be taken on appeal or review to the ECC in Kabul. Once the ECC has upheld or dismissed the PECC’s decision, a written copy of the ECC’s decision is sent to both the complainant and the subject of the complaint.
Are the decisions of the ECC final?
Yes. All decisions of the ECC are final and binding.
What is the difference between a challenge and a complaint?
The ECC is authorised to review electoral challenges and electoral complaints. Prospective candidates in an election must submit their nomination papers to the IEC, which draws up a preliminary candidate list. This list is displayed during a challenge period that allows the public to challenge any candidate’s legal right to run for office. This means that a challenge specifically disputes a candidate’s qualifications, as outlined in the Constitution and the Electoral Law. Complaints are different. A complaint can be made at any stage of the electoral process, and can relate to any electoral offence or any other violation of an electoral rule.
Who can file a challenge or a complaint?
Both challenges and complaints can be filed by any person or organisation with a legitimate interest in the elections.
Until what date may I submit a challenge?
The challenge period for the preliminary list of Wolesi Jirga candidates has already ended, so no more challenges can be filed.
Why may the ECC or a PECC decide to remove some candidates but not others?
All challenges are taken seriously and are investigated as fully as may be necessary. Article 85 of the Constitution of Afghanistan and Articles 12 and 13 of the Electoral Law list requirements for election to the Wolesi Jirga, and Article 43 of the Electoral Law prescribes what must be included in an application for registration as a candidate. Individuals whose candidacy is challenged are given an opportunity to respond and, in relevant cases, comply with eligibility criteria.
Can the ECC or a PECC impose a sanction on a candidate or electoral official who commits a crime that does not have to do with elections?
No, the ECC and PECCs deal only with electoral offences. However, they may refer a case to the appropriate authorities. The ECC is not a criminal court.
May I SMS or call the ECC or a PECC with a complaint?
No, all complaints must be in writing, with the name and signature of the complainant. SMS messages will not be considered as complaints.
What can the ECC or a PECC do about torn or defaced candidate posters?
They must consider every complaint they receive and will examine all the evidence to determine if an electoral offence has been committed; but it must be clear who committed the offence – the ECC can’t impose sanctions on unidentified persons. Anyone who files a complaint should provide as many specific details as possible about the alleged offence and offender.
Do the ECC and PECCs deal only with complaints about campaigning?
No, they are involved throughout the entire electoral process, including polling and counting. They can deal with complaints about people who aren’t candidates, and they can also deal with complaints about the administration of the elections.
When will the election results be certified?
Election results can be certified only once the ECC and PECCs have made their decisions on all complaints that have been filed within the specified time-frame.
What can I do to make sure that my complaint is given thorough consideration?
In order to ensure that your complaint is given thorough consideration you must:
- give as much detail as possible
- base your complaint on known facts rather than on hearsay or rumour
- provide any additional documentation such as eyewitness testimony
How can I find out what decision has been made on my complaint?
To find out the status of your complaints you may contact the PECC where you filed the complaint. Decisions on all complaints and challenges will be posted on the ECC website www.ecc.org.af.
What can I do if I am not satisfied with the decision on my complaint?
Decisions by the PECCs may be appealed to the ECC. There are appeal forms for this purpose. Decisions by the ECC, however, are final.
I know of an electoral offence which took place a week ago – is it too late to submit a complaint?
In most cases, yes. A complaint must be filed within three days of the event concerned or of it having become known to the complainant. However, the ECC may waive this deadline in special circumstances.
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