In the name of Allah, the compassionate, the merciful

PROCEDURES FOR THE ELECTIONS OF THE MEMBERS OF THE EMERGENCY LOYA JIRGA

General provisions

Article one

1. The Loya Jirga has been the supreme manifestation of the will of the Afghan people and it represents the entire nation. Its decisions and endorsements are binding.

2. In keeping with the prevailing conditions and circumstances of the country, the Emergency Loya Jirga shall be convened from the 20^th to 26^th Jauza 1381, (equivalent to 10^th to 16^th June, 2002), in the center of Kabul.

Article two

Each member of the Loya Jirga, while expressing his or her views, and while voting, shall represent the interests of Afghanistan.

Article three

The Emergency Loya Jirga shall be held, based on the Bonn Agreement, with the purpose of ensuring the inherent right of the people, in freely determining their political destiny, based on the principles of Islam, restoration of peace, national reconciliation, the respect of human rights in the country, strengthening of independence, national sovereignty, territorial integrity, democracy, pluralism, and social justice.

Election of the members of the Emergency Loya Jirga

Article four

Taking into account the situation and special circumstances of the country, members of the Emergency Loya Jirga, who fulfill the requirements for election laid out in the relevant provisions of these procedures, (based on the Bonn Agreement, providing for the participation of women as well as the just inclusion of all ethnic and religious groups and sects of Afghanistan), shall be indirectly elected or selected.

Article five

Each administrative unit (municipal ward, district, provincial center without ward) shall be recognized as an electoral constituency.

Article six

The members of the Emergency Loya Jirga shall be elected from the electoral constituencies in proportion to the population, as follows:

2. From each administrative unit, in proportion to its population, according to attached table no. 1.

Article seven

The Special Independent Commission for the Convening of the Emergency Loya Jirga, with the cooperation of the United Nations, shall adopt measures so that refugees, [internally] displaced persons and nomads shall be able to actively participate in the Emergency Loya Jirga, through appointing their own representatives, based on their allocated share, shown in attached table no. 2.

Article eight

Representatives of civil society institutions, credible individuals, religious scholars, intellectuals, women’s representatives, traders, and religious minorities, within the country and abroad, shall be chosen according to the attached tables nos. 1,2 and 3 in the following way:

1. Representatives of civil society institutions shall be introduced by their institutions and confirmed by the Special Independent Commission for the Convening of the Emergency Loya Jirga, with the cooperation of the United Nations.
2. Representatives of religious scholars, credible individuals and intellectuals, after the collection of information within the country and abroad, shall be chosen by the Special Independent Commission for the Convening of the Emergency Loya Jirga, with the cooperation of the United Nations.
3. Representatives of women shall be introduced by community members, women’s educational institutions and associations, and confirmed by the Special Independent Commission for the Convening of the Emergency Loya Jirga, with the cooperation of the United Nations.
4. Representatives of traders shall be introduced by the Chambers of Commerce and related organizations, within the country and abroad, and confirmed by the Special Independent Commission for the Convening of the Emergency Loya Jirga, with the cooperation of the United Nations.
5. Representatives of religious minorities shall be chosen by their religious organizations, according to attached table no 3.

Procedures for candidacy and conduct of the process of the indirect elections

Article nine

In the administrative units, subject to the published conditions for candidacy, any resident may present him- or herself as a candidate, irrespective of gender, sect or tribe, based on the following election procedures.

Article ten

Election of the members of the Emergency Loya Jirga shall take place in two stages, as set out below:

1. Each district and provincial center without wards, according to the table of seat allocations, shall choose its representatives who fulfill the terms for being elected under the observation of the Constituency Observation Team, and introduce them to the Regional Observation Center.
2. Every municipal ward shall choose 20 to 30 representatives from among themselves, who fulfill the terms for being elected, under the observation of the Constituency Observation Team, and introduce them to the Regional Observation Center.

Article eleven

1. In the second stage, the people who have been introduced by the community members shall elect the members of the Emergency Loya Jirga from among themselves, under the observation of the Constituency Observation Team using a secret, direct, free ballot based on the table of the seat allocations.
2. In case conditions for conducting fair and equitable elections are absent in any constituency, a separate procedure for observation of the election of the members of the Emergency Loya Jirga shall be invoked, as laid out in the ‘Procedures for the observation of the elections of the members of the Emergency Loya Jirga and the audition of complaints arising from it’, Article 7.

Article twelve

In all cases, the United Nations shall bare the responsible for providing security and order.

Terms for candidates and voters

Article thirteen

In the election of the members of the Emergency Loya Jirga, all those who fulfill the following qualifications may take part as voters:

1. have citizenship of Afghanistan by birth

2. be at least eighteen years old

3. be capable of exercising his/her full legal rights.

Article fourteen

People to be elected or selected as members of the Emergency Loya Jirga must fulfill the following requirements, in addition to those for voters as laid out in Article (13) [of these procedures] should:

1. be at least twenty two years old

2. subscribe to the principles and values of the Bonn Agreement

3. have no links with terrorist organizations

4. not have been involved in spreading and smuggling narcotics, abuse of

human rights, war crimes, looting of public property and smuggling of cultural and archeological heritage.

5. In the eyes of the people, not have been involved indirectly or directly in

     the killing of innocent people.

6. be able to read and write at least one of the official languages.

Article fifteen

All forms of coercion, intimidation, bribery, corruption, use of force and weapons during the elections are banned. Anyone involved in resorting to these practices, in addition to his/her election being nullified, shall be subjected to legal proceedings based on electoral law.

Article sixteen

Anyone holding an official post in his/her administrative unit, who wants to become a candidate for membership of the Emergency Loya Jirga, must resign from his post by 20^th Hamal [equivalent to 10^th April].

Chapter Five

Article seventeen

Observation of the election process and consideration of complaints shall be conducted under the provisions of the relevant ‘Procedures for the observation of the elections of the members of the Emergency Loya Jirga and the audition of complaints arising from it’.

Article eighteen

These Procedures, consisting of five chapters and 18 articles, shall be implemented from and published by the date of adoption by the Special Independent Commission for the Convening of the Emergency Loya Jirga.