ETWA’s Analysis on the New Draft Electoral Law Passed by the Council of Ministers Aug 25, 2016

December 11, 2017

Following the rejection of president’s second legislative decree on the ICE Law by the Parliament, the National Unity Government (NUG) after consultation with Independent Commission on Overseeing the Implementation of the Constitution (ICOIC) put the draft electoral law under review in attempt to merge both the Electoral Law and the Independent Elections Commission (IEC) Law to be enacted through a unified legislative decree. This would give the government an opportunity to prevent rejection of this decree by the Parliament for the third time. The Parliament in its multiple sessions also acknowledged that it cannot include draft electoral law in the agenda according to article 109 of the Constitution. According to the presidential press statement dated Aug 20, 2016, the review process of the draft electoral law started by a credible committee presided over by the Second Vice-President with participation of Chief Justice, Minister of Justice, Attorney General, the Head of the ICOIC, the Head of the Presidential Office Justice and Judiciary Board, the Head of the Presidential Palace Chief of Staff Office and other members.
The new draft electoral law has 16 chapters and 109 articles and contains general provisions, commission, electoral constituencies, terms for voters and candidates, elections for presidency, lower house of parliament, provincial council, district councils, village councils, municipality and municipal sessions, administering elections, review of electoral complaints, the referendum and miscellaneous provisions.

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