Electoral legislation
The following laws are fundamental to an understanding of the electoral process in Afghanistan:
The responsibilities of the JEMB, its Secretariat, and those of the Chief Electoral Officer, are set out in several Presidential Decrees, principally Decree No. 40 on Holding National Assembly, Provincial Council and District Council Elections as amended by Decree No. 24 of 7 June 2005.
- The Constitution of Afghanistan of 4 January 2004
- The Electoral Law of May 2005
- Political Parties Law of 2004
Texts of the above legislation can be accessed on the JEMB website: http://www.jemb.org
Presidential Decrees
Decree No. 21 of 19 January 2005 on Formation of the Independent Electoral Commission.
Decree No. 24 of 7 June 2005 on Holding National Assembly, Provincial Council and District Council Elections.
Joint Electoral Management Body (JEMB) decisions
Explanatory note: all Regulations are adopted pursuant to a Decision by the JEMB and the Regulation is annexed to that Decision. However, some Decisions do not deal with adoption of Regulations. In the following list, those Decisions to which Regulations (or amendments to them) are attached have been highlighted in bold. The date of the Decision is shown in brackets. The list is accurate to 22.07.2005
Decision No.
1. On Subcommittees (2/03/05)
2. Establishment of Provincial Electoral Commissions(16/03/05)
3. Decision on Election Date(19/03/05)
4. Decision on Staff Recruitment Procedures(4/04/05)
5. Decision on Media Guidelines(4/04/05)
6. Decision on Candidates Nominations Package(7/04/05)
7. Decision on Symbols(11/04/05)
8. Decision on Use of Candidate Pictures on Ballots(17/04/05)
9. Decision on Civic Education Activities(17/04/05)
10. Decision on Voter Registration Regulation (28/04/05)
11. Decision on Regulation of Nomination for Candidates( 28/04/05)
12. Decision on Seats Allocated to Existing Provinces (28/04/05)
13. Decision on Accreditation Procedures(28/04/05)
14. Decision on Allocation of Provincial Council Seats(28/04/05)
15. Decision on Candidate Nomination Procedures
Annex: English | Dari | Pashto (28/04/05)
16. Decision on Code of Conduct for Electoral Observers, Political Party and Candidate Agents (Superceded by Decision-25) (3/05/05)
17. Decision on Regulation of the Distribution of Wolesi Jirga Seats to Female Candidates(3/05/05)
18. Decision on Distribution of Wolesi Jirga seats to Female Candidates(3/05/05)
19. Decision on Regulation of the Establishment of Provincial Electoral Commissions(3/05/05)
20. Decision on Campaign Period(9/05/05)
21. Decision on Policy Guidelines for International Military Forces' Support of JEMB Public Outreach Activities(11/05/05)
22. Decision on Participation of Kuchis in the 2005 Wolesi Jirga Elections(11/05/05)
23. Decision on Electoral Calendar(17/05/05)
24. Decision on Extension of the Nomination Deadline(17/05/05)
25. Decision on Regulation on Electoral Observers, Political Parties, and Candidate Agents(24/05/05)
26. Decision on Amendment of the Regulation on Voter Registration (26/05/05)
27. Decision on Rules of Procedure for the Provincial Electoral Commissions(2/06/05)
28. Decision on Registration of Voters in Static Registration Sites(8/06/05)
29. Decision on JEMB Subcommittees Rules of Procedure(9/06/05)
30. Decision on Regulation on Media Accreditation(9/06/05)
31. Decision on Repeal of JEMB Offences Regulation(12/06/05)
32. Decision on Establishment of Additional Registration Centres(16/06/05)
33. Decision on Paid Advertisement during the Electoral Process(16/06/05)
34. Decision on JEMB Rules of Procedure(19/06/05)
35. Decision on Regulation on Polling(23/06/05)
36. Decision on Closure and Establishment of Additional Sites(23/06/05)
37. Decision on Regulation on the Electoral Campaign(5/07/05)
38. Decision on Confirmation of JEMB Decisions(7/07/05)
39. Decision on Advertisement Policy during the Electoral Campaign Period(11/07/05)
40. Not Available
41. Not Available
42. Decision on Approval of Province Names on Ballots(13/07/05)
43. Decision on Regulation on the Media Commission and the Mass Media (17/07/05)
44. Decision on Establishment of the Media Commission and Appointment of Commissioners(19/07/05)
45. Decision on Regulation of Electoral Employment(19/07/05)
Useful recent background reports
The EU Election Observation Mission accepts no responsibility for the accuracy of facts asserted in the reports listed below. Opinions or recommendations expressed in them cannot be considered as approved by the Mission.
The Afghanistan Justice Project : Casting Shadows : War crimes and Crimes against Humanity 1978-2001.
Afghan Independent Human Rights Commission – United Nations Assistance Mission in Afghanistan - Joint verification of political rights/ Wolesi Jirga and Provincial Council Elections, First Report 19 April - 3 June 2005.
Friederike Boge, Women and politics in Afghanistan. How to use the 25% quota for women: a political analysis. Friedrich Ebert Stiftung, Afghanistan Office,
Afghanistan Elections: endgame or new beginning, International Crisis Group, Asia Report No.101, 21 July 2005.
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