People’s National Assembly Elections in Algeria PEOPLE’S NATIONAL ASSEMBLY ELECTIONS IN ALGERIA FINAL REPORT People’s National Assembly Elections in Algeria CONTENTS Foreword ........................................................................................................................... 3 Executive Summary ......................................................................................................... 4 The Carter Center in Algeria .......................................................................................... 7 Election Observation Methodology ........................................................................ 8 Political Background ........................................................................................................ 9 Electoral Institutions, Framework for the Elections, and Pre-election Developments ............................................................................................ 11 Legal Framework for the Elections ...................................................................... 11 Electoral Reforms ................................................................................................ 12 Electoral Systems ................................................................................................. 13 Election Management .......................................................................................... 14 Constituency Demarcation ................................................................................... 15 Campaign Finance ................................................................................................ 16 Voter Registration and Lists ................................................................................ 16 Election Day .................................................................................................................... 20 Background .......................................................................................................... 20 Access of Party Representatives ........................................................................... 20 Access of Domestic Civil Society Observers ...................................................... 21 Postelection Developments ............................................................................................. 22 Transparency of Counting and Tabulation ........................................................... 22 Announcement of Results ..................................................................................... 23 Analysis of Results ............................................................................................... 24 Electoral Dispute Resolution ................................................................................ 25 Additional Issues ............................................................................................................. 26 Use of Ballot Paper .............................................................................................. 26 Use of Lottery Procedures .................................................................................... 26 Filing of Results Protocol .................................................................................... 26 Conclusions and Recommendations ............................................................................. 27 Key Recommendations ........................................................................................ 27 Appendix: Election Results ........................................................................................... 31 2 People’s National Assembly Elections in Algeria FOREWORD Following a set of political and electoral reform measures implemented in January 2012, President Abdelaziz Bouteflika called for elections for the People’s National Assembly of Algeria on May 10, 2012. Invitations to observe the elections were extended to a number of organizations, including The Carter Center. In lieu of deploying an observation mission, the Center decided to send a small election expert mission to assess particular aspects of the election process as well as the general evolution of the democratic environment in Algeria. The Carter Center team did not assess all aspects of the Algerian elections, nor did it attempt to make a comprehensive assessment of the electoral process. The Center offers this report in the spirit of cooperation and assistance to indicate several areas in which positive progress has been made as well as some areas in which the conduct of elections and their democratic context could be further improved. Finally, this report makes a number of key recommendations for the authorities, political parties, and civil society to consider as the reform process continues. The People’s National Assembly, the lower house of Parliament, is elected by proportional representation from 48 constituencies in Algeria and four overseas constituencies. The powers of the assembly, and of the Parliament as a whole, are relatively limited in Algeria’s presidential system. The widely held public perception seems to be that the legislative branch is ineffective and does not adequately represent the people. While President Bouteflika’s reform package can be assessed as a positive step, it does not appear sufficient to fully ensure the exercise of fundamental freedoms. The president has indicated that further reforms, including constitutional changes, are planned for the current Parliament. Carter Center election expert missions are generally comprised of technical and political experts who are based in-country for several weeks to conduct in-depth analyses of one or more aspects of a country’s electoral process. Through observation, the Center provides an impartial, objective assessment of the quality of the electoral process and the extent to which the process meets the country’s obligations under national and international law. The Carter Center expert mission to Algeria focused on specific aspects of the election process related to the legal framework, the work of election administration and oversight bodies, and the voter lists. The mission was conducted in accordance with the Declaration of Principles for International Election Observation.1 1 Declaration of Principles for International Election Observation and Code of Conduct for International Election Observers 3 People’s National Assembly Elections in Algeria EXECUTIVE SUMMARY The Carter Center mission reported that key stakeholders indicated that technical preparations for Algeria’s 2012 elections were adequate, and numerous parties competed. Despite that, the election process as a whole suffered from a lack of public confidence. The amendment of the election code and other reforms could only redress this situation in a limited way, and citizen interest and participation during the campaign appeared to be low. Thus, in the run-up to the elections, authorities focused on increasing voter turnout. An indicator of the overall lack of faith in the electoral process was confirmed by the low election-day turnout (43.14 percent) and the number of invalid or blank ballots (18 percent). That more citizens chose not to cast a ballot can be interpreted as a warning signal for the current political system. The Carter Center found that the legal framework for Algeria’s elections was generally adequate for the conduct of democratic elections, and the January 2012 reform package offered some improvements. The institution of a commission of magistrates, with some supervisory authorities and increased autonomy for the monitoring body composed of political party and independent candidate representatives, was an important step in electoral reform. The introduction of mandatory quotas for women’s representation in elected bodies was also a notable improvement. To build confidence in the integrity of the election process, a number of issues will warrant further review by Parliament and election administration officials in advance of future elections. One important issue is that the mandates of the two commissions charged with supervising and monitoring the work of the election administration are not currently sufficient or clear. It is difficult, therefore, to view the administration of the elections as fully independent from the state authorities and accountable to voters, political parties, and candidates. The voter lists leading up to the 2012 elections were the source of repeated complaints by political parties, and from statistical information, they appear to deviate considerably from actual Algerian demographics. There were accusations that the voter lists of sparsely populated constituencies had been padded with soldiers in the armed forces and with other security personnel. There were also widespread reports on election day of voters not being found on the voter list. Ideally, structural voter list problems should be addressed by the planned transition to a national ID card with a unique personal number. In Commemorated Oct. 27, 2005, at the United Nations, New York. http://www.cartercenter.org/documents/2231.pdf 4 People’s National Assembly Elections in Algeria the meantime, the lists could be made subject to an audit to identify the extent of inaccuracies. As well, rules regarding voting by military personnel could be discussed and clarified in order to ensure their voting is not subject to dispute while their voting rights are guaranteed. Election day was reported to be generally calm, with limited organizational difficulties. However, the gaps