Document Type : Original Article
Highlights
Expanded Summary
Democracy, according to Abraham Lincoln, the President of America, is 'government of the people, by the people, for the people, by all, for all.' According to this definition, democracy reflects the free participation of people in the administration of the country. In the transition in Europe from the Middle Ages to the modern era, kings initially derived their legitimacy from the church, later considered it to be divine will, and ultimately gradually accepted the principle of the will and sovereignty of the people as the basis of legitimate power. Therefore, the governance of the people is one of the fundamental principles of democracy, with other principles being its more specific manifestations. Today, national sovereignty belongs to the people directly or indirectly. In fact, democracy is the right to determine the destiny of the people in national and local areas, manifested through elections. Thus, elections are the most fundamental way for citizens to participate in the administration of the country. Participation in this important process, whether as a voter or a receiver vote, and the conditions of each of these groups, especially when considering local councils, is a matter that needs to be examined. However, all individuals can participate in this significant process without any restrictions, but both voter and receiver vote must meet certain conditions to participate in elections. Decentralization eliminates the gap between the government and the people, thus playing a positive role in reducing government inefficiency and promoting democracy. Local councils are a prominent example of decentralization, where the central government assigns special administrative decision-making powers to these units according to the law. These councils are also selected through direct or indirect elections and take charge of managing some local affairs. Therefore, the electors and the electees of these councils must also meet certain conditions."
This article aims to explain the comparative conditions of electors and electees in the electoral system of local councils in the Islamic Republic of Afghanistan (2004-2021) and the Islamic Republic of Iran. Although the Islamic Republic system of Afghanistan practically does not exist today, a comparative study of the subject in these two electoral systems is important from various aspects. The Afghan Constitution, adopted in 2004, was the last constitution of the country, and the current Afghan system has so far been unable to draft and approve a constitution, and its view on local councils is not yet clear. Analyzing the strengths and weaknesses of both systems will guide Iranian and Afghan researchers for practical use in the future. The research type of this study is applied, with a descriptive and analytical research method, and the data collection method has been library-based.
What are the conditions of electors and electees in the electoral systems of local councils in the Islamic Republic of Afghanistan and the Islamic Republic of Iran? There are similarities and differences between the conditions of voters and receivers votes in these two electoral systems. The Afghan electoral system focuses more on objective conditions, with a broader outlook on receivers votes, while the Iranian electoral system takes a stricter approach by blending objective and abstract conditions in this regard. However, Iranian lawmakers have approached this matter cautiously with the necessary precision.
Citizenship, being at least 18 years old, not being deprived of civil rights, voter registration in the list of voters, and residency in the electoral district are conditions that have been explicitly or implicitly accepted as voters requirements in the electoral systems of Afghanistan and Iran. The condition of having citizenship and being of full 18 years on the day of elections is mandatory for the voter in both countries. Citizenship is a political, legal, and moral relationship that connects an individual to a specific state. Without the existence of such relationships between an individual and a country, granting the right to vote is also meaningless. Furthermore, participating in elections and voting is a very important decision in determining political fate. Therefore, an individual must have reached an age where they have the maturity, social and political awareness, as well as the ability to understand social life and political responsibility.
Not being deprived of social rights based on a legal ruling or court order, and the inclusion of the individual's name in the list of voters, was also stipulated for voters in Afghanistan, while the rights of Iran do not have a clear view on this matter. In Iran, a voter must have resided in the voting location for at least one year, but cities with more than 100 inhabitants are exempt from this condition. However, individuals whose workplace is outside the electoral district, but individuals under their guardianship such as spouses and children, have resided in the electoral district for at least one year before the elections, they can vote in that district. This condition was not stipulated in Afghan laws, but after registering and labeling their ID card, individuals could only vote in the center and location of voting where the code was listed on the label, and they could not vote in any other center or location.
Basically, not every elector can also be a election under the same voting conditions. electees for local councils, who are responsible for managing some of the affairs of a part of the country, each have a series of other conditions in addition to the conditions of the electees, depending on the relevant seat. Regarding the conditions for electors, having citizenship, completing 25 years of age on the day of voting, having an educational certificate, presenting a certificate of no criminal record, physical health, not changing residence, and other conditions such as belief and practical commitment to Islam and the absolute guardianship of the jurist, expressing loyalty to the constitution, serving the duty of the system, belief and practical commitment of religious minorities instead of Islam to the principles of their religion, public support, financial guarantee, and signing a commitment letter are conditions that have been accepted with exceptions in these two systems.
Among them, having Afghan citizenship, completing 25 years of age on the day of elections, not being deprived of civil rights according to a competent court order, inclusion in the voter list, public support, financial guarantee, and signing a commitment letter are conditions that were identified as requirements for candidates for local councils in Afghan laws; while in Iranian laws, having Iranian citizenship, being 25 years old on the day of voting, having no criminal record, minimum physical health of hearing and vision, not changing residence, belief and practical commitment to Islam and the absolute guardianship of the jurist, expressing loyalty to the constitution, fulfilling the duty of the system, belief and practical commitment of religious minorities instead of Islam to their religious principles, have been recognized as conditions for candidates for local councils.
Having citizenship and completing the age of 25 on the day of elections in the electoral system of local councils in both countries under study is necessary for candidates. The only difference between these two electoral systems is the inclusion of primary and acquired citizenship in Afghan laws, and only primary citizenship in Iranian laws.
In the electoral system of local councils in these two countries, different educational requirements or minimum literacy for members of local councils have been specified. In Afghanistan, for participation in village and district councils, the minimum ability to read and write was required and for the provincial council, having a high school diploma was necessary. In Iran, depending on the case, literacy skills to having a bachelor's degree have been predicted for the village and city councils. However, those who have a history of one complete term of primary membership in the council in their resume are exempt from this condition if they run in the same electoral district.
In Afghanistan, not being deprived of civil rights according to a court order or law was also a condition for candidates for local councils. In Iran, candidates for local councils are required to present a certificate of no criminal record issued no more than three months before the registration. In Iranian laws, having physical health up to the level of hearing and vision capabilities, and mental health, depending on the case with a legal medical certificate, is also one of the candidacy requirements. In Afghan laws, this condition was also expressed in a certain way, but a minimum was not determined for it. Presenting a written request for registration from candidates to the Independent Election Commission was necessary and this request had to contain information about the candidate's health status. However, nothing was mentioned about how this health status is in the law.
In Iran, when a member of a local council changes their place of residence outside the boundaries of their electoral district, they will lose their membership in the council. Therefore, residency within the electoral district is mandatory for members of local councils. This condition was not provided for in Afghan laws. The absence of this condition in Afghan laws was a significant flaw because it was observed that in some provinces, a member of the local council resided outside their electoral district or chose to reside there and, due to attending to family matters, did not participate in council meetings for long periods. The clarity of this condition in Iran's electoral system is one of the advantages of this system.
For membership in local councils in Iran, other specific and abstract conditions have also been stipulated, most of which are not seen in Afghan laws. In Iran, candidates for local councils must have a belief in and practical commitment to Islam and the absolute guardianship of the jurisconsult. Such a condition was not specified for candidacy in any of the electoral bodies in Afghanistan. In some cases, such as running for the presidency, ministerial positions, and the high court, it was required to be a Muslim (without specifying a particular sect). It appears that the legal system in Afghanistan had a more lenient approach in this regard, while the legal system in Iran has taken the necessary caution and precision. Expressing loyalty to the Constitution of the Islamic Republic of Iran and having completed military service or a permanent exemption from service (for men) are also among the candidacy requirements; whereas in Afghanistan, the first condition was not specified, and determining the military service status was regulated by ordinary law; however, the relevant law was not approved until the collapse of the Islamic Republic system in this country (August 15, 2021).
In Iran, recognized religious minorities in the Constitution must believe in and adhere to the principles of their own religion instead of Islam. These religious minorities, according to Article 13 of the Constitution of this country, include Zoroastrians, Jews, and Christians, who are free to practice their religious ceremonies within the limits of the law and govern their religious teachings and personal affairs according to their own rituals. According to the Afghan Constitution, the state religion of the Islamic Republic of Afghanistan is Islam, and followers of other religions are free to follow their religion and practice their religious ceremonies within the limits of the law.
Popular support, financial guarantee, and signing a commitment were also conditions considered for candidates in Afghan law; however, these conditions are not observed in Iranian law. The inclusion of these conditions in Afghanistan seems appropriate and reasonable, and from this perspective, the Afghan electoral system appears to have an advantage over Iran's.
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