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Forum Election Observer Report Samoa 2016

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Forum Election Observer Report Samoa 2016 PACIFIC ISLANDS FORUM SECRETARIAT SAMOA NATIONAL ELECTIONS 2016 REPORT OF THE PACIFIC ISLANDS FORUM ELECTION OBSERVER TEAM INTRODUCTION On 26 February 2016 the Pacific Islands Forum was officially invited by the Government of Samoa to observe the 2016 Samoa National Election. The Pacific Islands Forum Secretariat subsequently deployed a Forum Election Observer Team to Apia, Samoa, from 29 February to 11 March 2016, to observe the Samoa elections. The election was held on 4 March 2016, with official results declared on 11 March 2016. The Forum Election Observer Team (the “Forum Team”) comprised Mr Bernard Grundler, Chief Secretary and Returning Officer of the Republic of Nauru, and Mr Calvin Ziru, Registrar of Political Parties Commission of Solomon Islands. The Forum Team was supported by Forum Secretariat staff (the list of the Forum Team is attached at Annex 1). 2. The Forum Team was based in Apia, the capital of Samoa, and met with a wide range of stakeholders including senior Government officials; the Samoa Office of the Electoral Commissioner; civil society (including youth, women and disability groups); election candidates; development partners; media representatives; and members of the diplomatic corps based in Apia. On Election Day, 4 March 2016, the Forum Team deployed across the island of Upolu. During the course of its mission, the Forum Team observed all aspects of the elections in rural and urban areas – the pre-polling environment, the opening of polls, casting of votes, closing of polls, and the counting of votes 3. The Forum Team conveys its sincere appreciation to the Government of Samoa for the invitation to observe elections in Samoa, noting that the 2016 National Election was the first time official election observers were invited by the government. SUMMARY OF RECOMMENDATIONS 4. The Forum Team recommends the following for the consideration of the Government of Samoa and the Samoa Office of the Electoral Commissioner, as appropriate: Recommendation 1 5. Noting the value and utility of sections 30 to 32 of the Samoa Electoral Act 1963 as a model mechanism to facilitate information sharing amongst civil registries, that the Pacific Islands Forum Secretariat facilitate peer-to-peer exchanges amongst electoral offices in the region on information sharing amongst civil registries, as well as other good practices. Recommendation 2 6. That at least thirty days prior to the temporary closing of rolls for general elections, that sustained and wide spread public awareness campaigns be carried out, including in the vernacular, to advise people of the deadline for registration. 1 Recommendation 3 7. That the opening of the polls commences with the Presiding Officer in each polling booth displaying the interior of the ballot box to all assembled voters and scrutineers to verify/ensure that each box was empty, before the ballot boxes are locked. Recommendation 4 8. That: a) a sufficiently large room (or area) is made available for the transfer of ballot boxes to the Office of the Electoral Commissioner, and that access to that area be strictly monitored to prevent crowding and ensure that all ballot boxes in the possession of Presiding Officers and police officers are in full view of all present; b) the importance of protecting the integrity of the ballot boxes at all times is underscored/emphasised to all Presiding Officers, polling officials and police officers, to ensure that once the ballot boxes have been sealed following the preliminary count, they must not be opened until they are transferred to the custody of the Office of the Electoral Commissioner; and c) following the reconciliation of records by Presiding Officers, the separate parcels/envelopes containing the ballots (whether used, unused, spoilt or informal) are sealed and stamped, and the Presiding Officers are to sign across the seal. Each parcel/envelope should only be opened during the official count. Recommendation 5 9. That standardised processes be followed for the conduct of the count (including the preliminary count) and that all elections officials are given at least one full-day refresher training before the election to ensure consistency of practice in the facilitation of the polling processes (including the conduct of polling). Recommendation 6 10. That: a) there be greater legislative and regulatory clarity around what constitutes monotaga under the law, in particular to address the issue of the inherent ineligibility of paramount chiefs and non-monotaga title holders; and b) there be greater legislative and regulatory clarity around enforcement of the eligibility requirements for candidates under the Electoral Amendment Act 2015 to ensure consistent and uniform application of the law. Recommendation 7 11. That amendments be made to the Electoral Act to remove section 70(4)(a) to section 70(4)(c), which at present enables the Office of the Electoral Commissioner to identify how each voter voted. 2 CONTEXT 12. Samoa is an independent nation comprising the westernmost group of the Samoan Islands, with a combined land mass of 2,842 square kilometres. The two main islands are Upolu and Savai’i. The capital, Apia, is located on the island of Upolu. Samoa has an estimated population of 197,000, of which about 92% are ethnic Samoan. The remaining population is mostly comprised of - non Samoans and part Samoans and a very small Caucasian minority. Approximately 19% of the population is urban, living in and around the capital, Apia. 13. Samoa gained independence from New Zealand on 1 January 1962, in the process becoming the first Pacific island trust territory to gain independence. The Executive comprises the Head of State and the Executive Government – led by the Prime Minister and supported by Cabinet Ministers. The Prime Minister is the Member of Parliament who commands the confidence of the majority of Parliament. The number of cabinet ministers is prescribed under the Constitution to be between 8 and 13 (including the Prime Minister). 14. Samoa has a unicameral Parliament. At the date of the 2016 general elections, the Parliament comprised 49 members elected by popular vote to serve five year terms. In 2013 Samoa amended the Constitution to reserve a minimum quota of 10% or five seats of the 49 parliamentary seats for women. Under the Constitution Amendment Act 2013, up to five additional seats can be added to Parliament for women if no women won seats in the national elections. In such a case the additional five seats would be filled by the five unsuccessful female candidates who polled the highest percentage of votes at the national election. If one woman was voted into parliament then four seats would be added, and so on. Therefore, the number of Parliamentary seats can range from 49 to 54 depending on the number of women who won seats in the general elections. Samoa is the first independent country in the Pacific to introduce reserved seats for women at national level.1 2016 ELECTIONS 15. The Forum Team congratulates the Government of Samoa and the Office of the Electoral Commissioner on the successful conduct of elections and furthermore commends polling officials for their efficiency and professionalism in facilitating the vote across the 360 polling booths set up throughout the country. On the basis of its observations and wide ranging consultations, the Forum Team is of the view that the conduct of the 2016 national elections was free, transparent, and credible, and consistent with the legislative framework governing elections in Samoa. The Forum Team is also of the view that the outcome of the election is an accurate reflection of the will of the people of Samoa. 16. In addition, the Forum Team is of the opinion that the Samoa Electoral Act 1963 (and subsequent amendments), provides a comprehensive and efficient framework for the conduct of elections. It includes several model provisions that could be considered by other countries in the Pacific. Likewise, the Forum Team commends both the Government of Samoa and the Parliament of Samoa for the enactment of the Constitutional Amendment Act 2013 which recognises the importance of the participation of women at the highest level of decision making, without reducing the number of available seats to be contested by candidates. 1 New Caledonia and the Autonomous Region of Bougainville have reserved seats for women at Parliamentary level. Vanuatu has reserved seats for women at municipal level. 3 Pre-polling General environment 17. The pre-polling environment in and around Apia was orderly and peaceful. In the week prior to election there were several high profile court decisions that found six candidates ineligible, one of whom was a paramount chief. The candidates’ eligibility had been challenged in court by contesting candidates under the ‘village service requirement’ criterion of the Electoral Amendment Act 2015. The Forum Team was pleased to note that even though the court cases generated a lot of public debate, the decisions of the court were respected and accepted, including by disqualified candidates. Campaigning 18. With respect to candidates’ preparations for the polls, the Forum Team did not witness or hear of any actual campaigning taking place. The Team was advised that the practice of campaigning as in other jurisdictions, such as candidates holding rallies, convening public fora for discussions, or arranging convoys of vehicles to drive around with loudspeakers advertising candidates’ merits and platforms, does not happen in Samoa. The Forum Team did observe many billboards, including electronic billboards, and posters around the island of Upolu, promoting different candidates. The Forum Team was also pleased to note regular and sustained voter awareness campaigns on television and radio as well as on electronic billboards in and around Apia, which were sponsored by the Office of the Electoral Commissioner. Registration 19. Registration in the electoral roll is compulsory although voting is voluntary. At the 2011 elections, there were 115,901 voters registered on the roll.
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