PRELIMINARY STATEMENT OF THE NATIONAL DEMOCRATIC INSTITUTE INTERNATIONAL OBSERVER DELEGATION TO THE REGISTRATION OF PALESTINIAN VOTERS SEPTEMBER-OCTOBER 2004 Jerusalem, 7 October 2004 This statement has been prepared by a multinational delegation organized by the National Democratic Institute for International Affairs (NDI). The observer mission assessed the voter registration process in the West Bank and Gaza throughout the official five-week period, beginning on 4 September with the majority of field visits to registration centers conducted between 27 September and 7 October. Among its activities, the mission visited 117 registration sites, conducted a series of meetings with political and civic leaders, governmental and electoral authorities, and representatives of the international community. The observer mission included experts in elections, voter registration and democratic development from seven countries. Several were selected because of their unique understanding of these fields in areas of conflict. The delegation included: Paul Adams, former Middle East Bureau Chief for The Globe and Mail and former NDI Senior Program Director in the West Bank and Gaza Strip; Shari Bryan, an attorney experienced in civil, criminal and international law who has led election monitoring missions in a number of countries and currently serves as NDI's Regional Director of Southern and East Africa Programs; Kate Fearon, founding member of and political advisor to the Northern Ireland Women's Coalition and currently Political Party Program Director for NDI in Bosnia and Herzegovina; Joseph Hall, currently NDI Senior Regional Representative for the Middle East and former director of several NDI programs, including those in the West Bank and Gaza Strip; Richard Klein, a Senior Elections Advisor to NDI programs, co-author of the manual, "Building Confidence in the Voter Registration Process"; Shannon O'Connell, a specialist in campaigns, elections and political party development and Director of NDI's programs in the West Bank and Gaza Strip; Sasha Pajevic, NDI Resident Deputy Director for Political Party Programs with NDI Montenegro; Vladimir Pran, a Senior Elections Advisor to NDI programs and former director of Parallel Vote Tabulation for GONG, a nonpartisan citizens organization in his native Croatia; David Rose, Deputy Leader of the Progressive Unionist Party of Northern Ireland and a specialist in democratic and transformation processes in conflict regions; Bjarte Tørå, former International Secretary and Deputy Secretary General of the Christian Democratic Party of Norway and Resident Director of NDI's programs in Kenya; Félix Ulloa, a former magistrate with the Supreme Electoral Tribunal in El Salvador and presently Resident Director of NDI's programs in Haiti. The purpose of the NDI observation effort is to assist in the development of viable democratic institutions that will enable Palestinians to choose their leaders and representatives freely. NDI began work in the West Bank and Gaza Strip in 1994 in anticipation of the first Palestinian general elections. In 1996, NDI organized an international observer mission that monitored the preparations for Palestinian elections and later the balloting process itself. From 1996 to 1998, the Institute also supported the effort of Palestinian groups that monitored those polls. NDI worked with the Palestinian Legislative Council and assisted in the development of Civic Forum, a civic education initiative. Currently, NDI is assisting in the efforts of Palestinian parties and factions to develop their capacity to participate in the emerging democratic process. Beginning in September, the Palestinian Central Election Commission (CEC) undertook to assemble a new register of Palestinian voters for use in municipal, parliamentary and presidential elections. In order to express the international community's support for democratic elections to Palestinian institutions, NDI organized a delegation of observers to monitor the process. The possibility of democratic progress for Palestinians is a matter of deep interest not only to Palestinians themselves but also to the region and to the world. A credible and fairly administered voter registration system is a prerequisite to any democratic reform. During the last two weeks, delegation members visited 117 registration centers representing all the governorates in the West Bank and selected by statistical sample. Because of armed conflict in the Gaza Strip, NDI's observers were unable to witness the operation of registration centers there. However, local staff did conduct 20 observation visits in Gaza. In addition, NDI intends to dispatch international observers to monitor registration centers in Gaza when they re-open, as the CEC has promised, and when security circumstances permit. The comments contained herein represent NDI's preliminary conclusions based on the first of three phases of the observation process. Once the CEC publishes the register of voters, NDI will conduct physical tests of the list to determine whether voters have been properly inscribed and to ensure that names have not been improperly inserted onto the list. In the final stage of its observation program, NDI will monitor the process that permits challenges to the list in November. NDI intends to publish a comprehensive report on the voter registration process in December. Summary of Observations The registration of Palestinian voters, which began on September 4, 2004, took place under extraordinarily difficult conditions. During the registration period there were armed clashes and Israeli military operations, particularly in the north of the Gaza Strip. Smaller incursions, military operations, and checkpoints also complicated the logistical tasks of establishing and supplying registration centers as well as training staff. Despite these obstacles, over a five-week period, the Central Election Commission (CEC) undertook to draw up an entirely new register of Palestinian voters through a network of approximately 1000 local registration centers located throughout the West Bank and the Gaza Strip. The CEC also faced the daunting task of convincing Palestinians to make the effort to go to the centers to register. NDI observers found that many Palestinians were skeptical of their ability to influence the political system through elections. Moreover, with no elections scheduled (except in a few municipalities), there was no near-term motivation to register. With a few exceptions, political parties, factions and community organizations failed to mobilize in support of the voter registration effort until relatively late in the process. Given these challenges, the CEC conducted the registration process at a high level of technical proficiency. The CEC launched a publicity campaign before the centers were opened to raise public consciousness about the voter registration process. The officials who staffed the centers were generally well trained in the procedures they had to administer and the centers were well supplied with the necessary materials. The centers were for the most part well identified with large banners and were numerous enough that most people were able to access them by foot. The CEC also introduced a system of proxy registration for Palestinians in jail or detention. Furthermore, the Commission proved itself responsive in the face of many of the difficulties it inevitably faced in mounting an entirely new process. During the course of the registration period, it adopted a special procedure for home-registration of the elderly and the disabled who found it difficult to travel to registration centers. Early in the registration process, when turnout at the stationary registration centers was lower than might have been hoped, the CEC devised a successful system of mobile registration centers located near busy areas such as markets and mosques to augment the work of the stationary centers. These centers signed up many people who might not otherwise have taken the trouble to register. Most important for the future of Palestinian elections, the CEC conducted itself impartially. This is crucial for the restoration of the confidence of Palestinians in their electoral system. The system of compiling the voters' list by door-to-door canvass in the 1996 election was hastily designed, and although some voters found it more convenient than the current system, it was also more open to manipulation or abuse. The NDI observer team was unanimous in its view that the quality of the CEC's work during this voter registration process was unusual, if not unique, in a conflict zone. While some of its decisions have been the subject of debate, the Commission established its credibility and integrity during the process. The responsibility for making the registration system work does not lie solely with the CEC. Political and civic organizations also had a responsibility to mobilize in order to ensure its success. Although many of these organizations were slow to mobilize support for the registration process, there is evidence that some of them became increasingly active as the process unfolded. The CEC informed NDI that 6,500 domestic observers and agents had registered to participate as of 6 October. It is clear that public acceptance of the registration process has grown over the past five weeks. The number of people registering each day roughly doubled from the beginning of the five-week initial registration period to the end. In many communities a majority, and in some a very large majority, of eligible voters have now registered. From the information NDI has been able to obtain through its observation activities and discussions with the CEC, it appears that roughly 900,000 Palestinians have been registered to vote so far. While this is a significant achievement, NDI believes that there remain many more Palestinians who would be interested and prepared to register to vote. In some areas, particularly in refugee camps and some of the larger cities, registration rates were relatively low. NDI believes that a larger number of registered voters would lend greater legitimacy to elections when they are held. Despite the achievements of the initial registration experience, there are a number of serious problems that need to be addressed. Access to registration in Jerusalem: The CEC established seven registration centers in East Jerusalem. However, in their first week of operation they were subject to frequent raids by Israeli authorities, according to staff in the centers we interviewed. This intimidated staff and discouraged potential registrants, they said. After a little more than a week, all the centers in East Jerusalem were closed under Israeli directives. Some CEC officials in East Jerusalem were detained and later told our observers that they were threatened with arrest if they did not discontinue their work. Although the CEC did react by establishing some centers outside the municipal boundaries of Jerusalem, they attracted few voters. Palestinian residents of East Jerusalem are required by Israeli authorities to carry special identity cards permitting them to live in the city; many said they feared losing their right to live in Jerusalem if they were found by Israeli authorities to have registered. The result was that tens of thousands of Palestinians in East Jerusalem were denied the opportunity to register and have thus been potentially disfranchised. Registration problems in areas of conflict: Military clashes in the north of the Gaza Strip resulted in the indefinite closure of dozens of registration centers. In addition, more localized military actions by Israeli forces elsewhere in Gaza and in the West Bank resulted in the temporary closure of many registration centers, in some cases for extended periods. Election officials also reported that the presence of Israeli soldiers or military vehicles close to registration centers had sometimes discouraged potential registrants even when the centers remained open. Movement of registration forms: The CEC informed NDI that it had been unable to secure passage of an estimated 300,000 registration forms out of Gaza through Israeli-controlled border stations. Because the CEC's data-processing center is in Ramallah, this may delay the preparation of the voters' lists, an issue of particular concern for municipalities in which local elections are scheduled for December. Public participation: Many voters demonstrated an initial lack of enthusiasm to the idea of registering to vote, particularly because no date has been set for presidential or parliamentary elections. Despite the CEC's publicity campaign, skepticism about the possibility of elections and their potential impact has only slowly given way to growing interest. In some areas, significant numbers of people have only started coming to the registration centers in recent days. Municipal elections: The Palestinian Authority (PA) has called for local elections to be held in 36 of its approximately 500 municipalities on December 9. The PA has said that it intends to call elections in all the municipalities over the next year. However, local elections are currently regulated by a different law than parliamentary and presidential elections. Confusingly for voters, the rules for voting in local elections are different and there is a separate system of registering to vote. NDI was told that the committees organizing local elections will rely in part on the work done by the CEC, but this is certainly not sufficient to reduce voter confusion or eliminate unnecessary administrative duplication. The NDI observer team believes that all of these issues can and should be addressed. Doing so would contribute to the credibility and legitimacy of Palestinian elections. Interim Recommendations Access to registration in Jerusalem: The closure of registration centers in East Jerusalem illustrates how difficult it will be for Palestinians there to exercise their voting rights without a political agreement between Israel and the Palestinian Authority. Prior to the 1996 election, an agreement was negotiated between the Palestinian Authority and Israel that allowed Palestinians in East Jerusalem to vote. NDI recognizes that the political situation has deteriorated since then. Nonetheless, NDI would urge the parties to seek an accommodation that will allow Palestinians in East Jerusalem to cast their ballots. Extending registration in conflict areas: The CEC should reiterate its commitment to extend the registration period in areas, notably in the Gaza Strip, where registration has been seriously disrupted by armed conflict. Movement of registration forms: Israel cooperated with the movement of registration materials into the Gaza Strip at the beginning of the registration process. NDI recommends that Israel continue this cooperation by allowing the movement of registration forms from the Gaza Strip to the West Bank in a way that ensures the integrity of these documents. At the same time, NDI encourages the CEC to accommodate Israel's legitimate security concerns in a way consistent with its own duties to protect the registration process. Ensuring full access to registration: The current registration process will allow the CEC to form the basis of a permanent, regularly updated voters list. NDI supports the CEC's decision to allow a general extension of the current registration period beyond this week. This will help ensure more of those who wish to register are able to do so. The CEC should also expand its use of the mobile registration centers in high-traffic areas that have already proven effective in augmenting the reach of local centers. To be most effective, these measures should be accompanied by a continuation of the CEC's publicity campaign. Moreover, to ensure that no interested eligible voter is denied the franchise, NDI would recommend that the CEC introduce methods to update the register, particularly when election dates have been announced. This will be a time when voter interest is likely to be high. NDI realizes that this is an expensive endeavor. We acknowledge the generosity of foreign donors, particularly members of the European Union, in supporting the process so far, and urge the international community to continue its support. Clarifying procedures for municipal elections: NDI commends the CEC and the Local Government Ministry for their efforts to cooperate. However, the best way to minimize confusion among voters and ensure the fair and efficient conduct of municipal elections would be to harmonize election procedures fully and place the administration of all elections - parliamentary, presidential and municipal - under the CEC. The Palestinian Legislative Council could adopt the legislative changes necessary to allow this harmonization. NDI would recommend that the Palestinian Authority lay out a timetable to hold elections in every locality over the next year so that voters in each municipality will have a reasonable assurance that they will be able to elect their local representatives. For more information, please contact: In Jerusalem: National Democratic Institute /West Bank and Gaza Phone: +972 (0)2 5400482, (0)2 5321896 Fax: +972 (0)2 5810564 Email: socndi@earthlink.net In Washington DC National Democratic Institute /Middle East and North Africa Phone: (202) 728-6304 Email: athayer@ndi.org For information about NDI and its programs, visit www.ndi.org For information about NDI's programs in the West Bank and Gaza, visit http://ndi-wbg.org/eng/ For information in Arabic about NDI's programs in the West Bank and Gaza, visit www.ndi-wbg.org