Analytical Vision on Regionally Phased Conduct of Polling

December 13, 2017

Conducting general elections in a day period requires strong security capacity,transportation facilities and robust capacity of electoral commissions. Lack of security and transportation capabilities and facilities in a country can challenge the polling process. In Afghanistan due to the ongoing escalating security and lack of other facilities nowadays the politicians have reached a conclusion that regional phased elections is a solution in tackling possible arise of challenges.                        Election and Transparency Watch Organization of Afghanistan (ETWA) presents an analytical perspective for identifying the consequences being arisen from (Regionally Phased Conduct of Polling) in the light of objective condition and undertaking proper measures for its management. This analysis paper includes a legal framework on regionally/zonally phased polling,
its advantages and shortcoming and existing potential for this type of elections, as well as explains likely consequences of it. It also entails some proposals that support positive impacts of regionally phased election and decline its negative consequences.
1. A Legal Framework on Regionally Phased Conduct of Election Although in Constitution there is no clear reference on conducting elections on regional/zonal phase, the paragraph (4) of article (83) of this law emphasis on adoption of measures to ensure just and general representation for all people of the country. Paragraph (4) of article (104) of the new election apparently on the basis of this ruling of the Constitution gives the special committee an authorization to delay elections in
one or few electoral constituencies in case of insecure situation and natural disasters that can hamper just and general representation of people until the situation is improved. Under the interpretations from paragraph (4) of article (83) of the Constitution, regionally phased conduct of elections is subject to the provision of general and just representation for all citizens. Similarly, according to paragraph (1) of article (83) of the Constitution that says Wolesi Jirga members should be elected through free, general, secret, and direct elections can be regarded as legal terms to conducting elections on regionally phased.

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