Press Release: Amendment of Election Law

The Independent Election Commission (IEC) conducted a consultation meeting with the political parties and civil society organizations on 1/20/2021 about developing a proposal on amendment of the election law. The IEC and IECC shared their draft proposal on amendment of the election law with the meeting participants to gain their opinions. FEFA developed a proposal on amendment of the election law 3 months ago and then shared it with the lawyers and legal experts and technical team of Ministry of Justice to gain their opinions for further enrichment of the proposal. Subsequently, FEFA shared it with the relevant organizations. FEFA’s proposal contains specific recommendations on amendment or reform of each and every article of the election law but its major points are as follow: 1. First, FEFA recommends separation of the law on authorities and duties of the electoral commissions from the election law. FEFA recommends establishment of the constitution court with a one-step election court in long-term. Establishment of the constitution court requires amendment of the constitution. Therefore, it is time consuming but in short-term as per article 156 of the constitution FEFA recommends establishment of temporary commission under the name of The Commission on Audit and Handling of Electoral Disputes (CAHED) within the framework of the IEC instead of the current Electoral Complaints Commission. Such a step can help strengthening the election administration and prevent from prolonging election process. The CAHED is recommended to be established temporary during election process like the Media Commission within the framework of IEC. 2. Moreover, FEFA recommends establishment of the committee on assessment of candidates’ documents, establishment of the commission on financial affairs of candidates, separation of duties and authorities of IEC and its secretariat, establishment of an M&E committee within the framework of IEC separate from its Secretariat, strengthening the observation mechanisms from the provincial offices of IEC, strengthening women presence and role in different layers of the IEC, establishment of an authorized committee against financial and administrative corruption and a special committee to review against sexual harassment and misuse, developing mechanisms on reviewing and handling the cases of violation of laws and election procedures by leadership of IEC, specification of the mechanism of dismissal of IEC members. At the same time, FEFA recommended changing the SNTV to mixed system instead of MDR. 3. Complete explanation of the above mentioned recommendations are available in FEFA’s proposal. FEFA’s proposal contains recommendations on amendment/reform of 106 articles of the election law.

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