Foreword
The 2005 wolesi jirga, provincial council and meshrano jirga elections are now part of Afghan history. When the Electoral Law was revised in the spring of 2005, thereby creating, among other things, the Electoral Complaints Commission (ECC), it was unclear whether the voting public and candidates would avail themselves of this new mechanism. Recommendations for an independent complaints body had been put forward by several organizations following the 2004 Presidential election, but the numbers of complaints during that election were relatively low. As this final report is being written, the verdict would have to be that Afghans from across the country looked to the ECC to resolve not just what they perceived to be as problems with the electoral process but also with other elements of the governance structure that is being rebuilt after decades of civil war and conflict.
Following its formal constitution in May 2005, the ECC adjudicated almost 7,000 cases through the challenge and complaints processes. Quite simply this is a truly impressive number and one that completely taxed the resources of the ECC and the Provincial Election Commissions (PECs) - who were the first line of adjudication in the complaints process. Around 200 people were part of the ECC organization, over 60 at the headquarters in Kabul and another 136 around the country (each of the 34 provinces had a PEC consisting of 3 commissioners and one secretary), a number far larger than what was conceived at the beginning of this process. Over 75% of the ECC staff consisted of Afghan nationals and it is this fact that offers enormous potential for the future strengthening of the democratic process in this country.
The question often asked is: did we meet public expectations? Beginning with the candidate challenge period the ECC was pressured to bar those candidates who were alleged to have committed human rights violations or criminal activities. While the ECC was not insensitive to the arguments being put forward on this issue, in the end the Commission felt that applying the Electoral Law and the Constitution was the only correct course of action, however unhappy that may have made particular groups or individuals. It was this interpretation of the law that guided the actions of the Commission throughout its mandate.
This report offers a look back at the process and highlights some of the lessons learned. It is by no means a definitive analysis but simply our views, as a Commission, about the challenges we faced and the recommendations we feel are germane for the future ECC.
Finally, but most importantly, recognition needs to be given to the ECC staff and the PEC officials around the country. The Commission would not have been able to complete our arduous task had it not been for the hard work, tireless dedication and sense of commitment to the process that everyone displayed. The work of the ECC and PECs never stopped and was manifested by a relentless push to investigate and adjudicate each and every complaint that was sent to us. The Commission owes a great deal of gratitude to the staff for all their efforts and to the Afghan people for placing their trust in the ECC.
Grant Kippen
Chair
Electoral Complaints Commission
