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1. Learning from Women's Success in the 2010 Afghan Elections

Author:
Scott Worden and Nina Sudhakar
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Afghan women made small but significant gains in participation in Afghanistan's September 2010 parliamentary elections. But their status in Afghanistan's electoral system is precarious, and significant effort is needed to preserve gains during the next election cycle in 2013–15. In the 2010 parliamentary elections, seventy-eight more female candidates ran than in the 2005 elections, a 24 percent increase. One additional woman was elected to Parliament over the sixty-eight-person quota stated in the constitution, and in four provinces, a woman received the highest number of votes out of all candidates. Women continued to face significant obstacles to campaigning, however, with female candidates and their campaign workers receiving a disproportionate number of threats or attacks reported during the elections. In less secure areas, cultural restrictions on women's access to public spaces increased, leaving many female candidates unable to effectively communicate with voters. Women made up 40 percent of the electorate in 2010, but women's access to the electoral process as voters often depends on having women hired as election workers by the electoral administration, candidates, and observer groups. Without female counterparts working at the polls, many women will stay home due to cultural concerns over interacting with men in public places. A significant finding from the 2010 candidate statistics is that women face less competition for seats than men do, making it attractive for political parties or coalitions to recruit powerful women to run on their platforms.
Topic:
Conflict Resolution, Democratization, Gender Issues, Politics, and Regime Change
Political Geography:
Afghanistan

2. Traveling toward the Rule of Law in the Middle East and North Africa: Avenues and Obstacles

Author:
Jason Gluck, Scott Worden, Colette Rausch, and Vivienne O'Connor
Publication Date:
04-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Popular uprisings throughout the Middle East and North Africa are demanding justice, security, and accountability— defining features of the rule of law. Constitutional reform is a priority, but it must be done by legitimate representatives of the people, not hangovers from the past. Principles of inclusivity, transparency, and participation must be at the heart of the process.
Topic:
Democratization and Law
Political Geography:
Iraq, Middle East, Kosovo, Nepal, and North Africa

3. Constitutional Interpretation and the Continuing Crisis in Afghanistan

Author:
Scott Worden and Sylvana Q. Sinha
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The recent controversy in Afghanistan over the outcome of the 2010 parliamentary elections ultimately resolved the question of who sits in Parliament, but left a more fundamental question unanswered: "Who has the power to interpret the Afghan Constitution?" Ambiguities in the language of the Constitution make it difficult to determine who has the legal authority to interpret it. The Supreme Court maintains that the Constitution gives it the power of judicial review, but the Constitution also calls for the Independent Commission on the Supervision of Implementation of the Constitution (ICSIC), which the Parliament has mandated to decide constitutional issues instead. Without political and legal consensus over who has final authority to decide different types of constitutional claims, Afghanistan cannot achieve a rule of law where government activities are subject to consistent and transparent rules. Afghanistan must establish clear and unambiguous rules for constitutional interpretation to avoid damaging crises about political leadership and the separation of powers as the security transition and Presidential election approach in 2014.
Topic:
Conflict Resolution, Democratization, Islam, War, and Insurgency
Political Geography:
Afghanistan

4. Delays Will Not Improve Afghan Elections

Author:
Scott Worden
Publication Date:
02-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The presidential and provincial council elections held in Afghanistan in August 2009 were marred by irregularities and fraud, leading voters and candidates to question the fairness and utility of the democratic process there. The Afghan government announced in late January that it will delay Parliamentary elections until September 2010—several months beyond the deadline set by Afghanistan's constitution. The extra time is needed to make adequate logistical preparations, but little has been done so far to reform electoral institutions or policies to prevent a repeat of the problems of the 2009 elections. Without signi_cant changes in the personnel and policies of the Independent Electoral Commission (IEC)—the constitutional body responsible for overseeing all electoral processes— the 2010 election is likely to fall below international standards and risks undermining government (and international) legitimacy at a critical period for the counterinsurgency strategy. In addition, signi_ cant long-term reforms, including a wholesale revision of the voter registry, must be initiated now to ensure that the district council and other future Afghan elections are credible and acceptable.
Topic:
Democratization, Sovereignty, and Governance
Political Geography:
Afghanistan and Asia

5. Transparency is the Key to Legitimate Afghan Parliamentary Elections

Author:
Scott Worden
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
On September 18, Afghanistan held its second parliamentary elections since the fall of the Taliban. Like last year's vote, these elections were marked by high levels of violence, low turnout and widespread reports of fraud.Despite the challenges, however, Afghans across the country defied Taliban threats and overcame problems with the electoral administration to signal their support for the democratic process. Participation appeared higher among the youth demographic, which is a promising sign for the future of democratic processes in Afghanistan. It is still too early to tell whether the quality of the elections was better than the flawed 2009 process, but the Independent Election Commission (IEC) has improved its procedures and transparency both before and after the elections, and has so far helped to restore the credibility of the institution as a neutral administrator of the electoral process. Meanwhile, the Electoral Complaints Commission (ECC) is again under-resourced, has had little time to establish and train the Provincial Electoral Complaints Commissions (PECCs) that will be adjudicating the 4,200 election day complaints, and has yet to make public its decisions regarding the campaign or polling complaints.The ultimate success of the 2010 elections depends less on the level of fraud that was committed on election day-which was bound to be high-and more on the way in which the fraud is handled by the IEC and ECC. If they are transparent and honest about the problems, and take responsible corrective action, then the elections can be considered a partial success despite its flaws.
Topic:
Corruption, Democratization, and War
Political Geography:
Afghanistan and Central Asia