Section 3. Freedom to Participate in the Political Process
The law provides citizens the opportunity to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The right to vote may be stripped for certain criminal offenses. For instance, in September the Electoral Complaints Commission (ECC) reportedly fined Border and Tribes minister Gul Agh Shirzai and removed his right to vote for improper campaign activities. Violence from the Taliban and other antigovernment groups and widespread allegations of fraud and corruption interfered with, but did not derail, the presidential election.
Elections and Political Participation
Recent Elections: The presidential election was originally scheduled for April but was postponed until September 28. Official turnout figures were not released by year’s end, but according to media reports, low voter turnout resulted from security threats, less robust campaigning by candidates, voter apathy, the decoupling of the presidential and provincial elections that traditionally helped drive local mobilization networks, and cultural sensitivities regarding mandatory photographs for women voters, among other factors. According to the United Nations, the Taliban carried out a deliberate campaign of violence and intimidation, including on polling centers located in schools and health facilities during the presidential election. It found these attacks targeting the electoral process caused 458 civilian casualties (85 killed and 373 injured) from the start of the top-up registration on June 8 through September 30, two days after the presidential election. These figures include 100 incidents on September 28, the day of the election, resulting in 277 civilian casualties (28 killed and 249 injured). According to the United Nations, civilian casualty levels were higher on September 28 than on polling day for the first round and second rounds of the 2014 presidential election. On December 22 (after its October 19 deadline), IEC officials released preliminary results, indicating that President Ghani secured re-election with 50.64 percent of the vote. Final results had yet to be released by year’s end. Although election experts noted technical improvements in the electoral procedures, there were concerns regarding the electoral bodies’ ability to ensure transparency during the results tabulation process. The ECC investigation into approximately 16,500 electoral complaints continued at year’s end.
Political Parties and Political Participation: The Political Party Law of 2003 grants parties the right to exist as formal institutions. The law provides that any citizen 25 years old or older may establish a political party. The law requires parties to have at least 10,000 members from the country’s 34 provinces to register with the Ministry of Justice, conduct official party business, and introduce candidates in elections. Only citizens 18 years old or older and who have the right to vote may join a political party. Certain members of the government, judiciary, military, and government-affiliated commissions are prohibited from political party membership during their tenure in office.
In large areas of the country, political parties could not operate due to insurgencies and instability.
Participation of Women and Minorities: No laws limit participation of women or members of minority groups in the political process. The October 2018 parliamentary election produced approximately the same level of female voter turnout as in the 2010 parliamentary election; however, there was an increase in the participation of female candidates. Absent reliable data, civil society, think tanks, and election monitoring organizations assessed that women’s participation across the country varied according to the security conditions and social norms. There was lower female voter turnout in provinces where communities purposely limited female participation in the democratic process, where lack of security was a concern, or both. Conflict, threats, financial constraints, corruption, conservative family members, and a greater number of polling centers available to male voters than women, put female voters at a disadvantage. Women reported security threats in the provinces of Maidan, Nuristan, Paktiya, Uruzgan, Wardak, and Zabul. Men in these provinces prohibited women from signing voter registration documents, thereby denying them the right to vote. There were reports some men declared voting a sin, and those who demonstrated some degree of flexibility said women should vote for male candidates. Ahead of the September 28 presidential election, members of a women’s association in the eastern province of Khost reportedly stated they would not be able to vote because they viewed as offensive a voter identification requirement to have their photos taken.
The constitution specifies a minimum number of seats for women and minorities in the two houses of parliament. For the Wolesi Jirga, the constitution mandates that at least two women shall be elected from each province (for a total of 68). The IEC finalized 2018 parliamentary election results in May, and 418 female candidates contested the 250 seats in the Wolesi Jirga in the 2018 parliamentary election. In Daikundi Province a woman won a seat in open competition against male candidates, making it the only province to have more female representation than mandated by the constitution. The constitution also mandates one-half of presidential appointees must be women. It also sets aside 10 seats in the Wolesi Jirga for members of the Kuchi minority (nomads). In the Meshrano Jirga (upper house of the National Assembly), the president’s appointees must include two Kuchis and two members with physical disabilities. One seat in the Meshrano Jirga and one in the Wolesi Jirga is reserved for the appointment or election of a Sikh or Hindu representative, although this is not mandated by the constitution.
Traditional societal practices continue to limit women’s participation in politics and activities outside the home and community, including the need to have a male escort or permission to work. These factors, in addition to an education and experience gap, likely contributed to the central government’s male-dominated composition. The 2016 electoral law mandates that 25 percent of all provincial, district, and village council seats “shall be allocated to female candidates.” Neither district nor village councils were established by year’s end.
Women active in government and politics continued to face threats and violence and were targets of attacks by the Taliban and other insurgent groups. No laws prevent minorities from participating in political life, although different ethnic groups complained of unequal access to local government jobs in provinces where they were in the minority. Individuals from the majority Pashtun ethnic group have more seats than any other ethnic group in both houses of parliament, but they do not have more than 50 percent of the seats. There was no evidence authorities purposely excluded specific societal groups from political participation.