Carter Center Mission to Witness the 2011–2012 Parliamentary Elections in Egypt
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Final Report of the Carter Center Mission to Witness the 2011–2012 Parliamentary Elections in Egypt Final Report Waging Peace. Fighting Disease. Building Hope. The Carter Center strives to relieve suffering by advancing peace and health worldwide; it seeks to prevent and resolve conflicts, enhance freedom and democracy, and protect and promote human rights worldwide. Final Report of the Carter Center Mission to Witness the 2011–2012 Parliamentary Elections in Egypt Final Report One Copenhill 453 Freedom Parkway Atlanta, GA 30307 (404) 420-5188 Fax (404) 420-5196 www.cartercenter.org The Carter Center Contents Executive Summary .........................2 Media Environment ........................52 Quick Facts About the 2011–2012 Parliamentary Civil Society ..............................54 Elections in Egypt...........................5 The Role of CSOs in Witnessing the Elections ...54 Historical and Political Background ............6 The Role of CSOs in Providing Voter The Uprising .........................6 Education and Information ..................57 Aftermath: An Unstable Transition ............8 The Role of CSOs as Advocates ..............57 The March 2011 Constitutional Referendum .....9 Electoral Dispute Resolution.................58 Mismanagement and New Political Forces ......10 Consolidating and Clarifying the Electoral Complaints Process ................58 The Carter Center in Egypt .................12 Untimely Disruption of the Electoral Observation Methodology ................13 Process Through the Courts .................59 Timeline of Events: 2011–2012 Potential Abuse of the Cassation Court’s Parliamentary Elections ....................15 Authority to Remove Seated Parliamentarians ....60 Electoral Institutions and Framework Challenges Regarding Voter Registration ........60 for Egypt’s Parliamentary Elections ...........16 Complaints Database and Data Electoral Legal Framework ..................16 Management System ......................61 The Electoral System ......................24 The Role of the Polling Station Judge and Election Management ......................27 SJCE in Preserving the Record ...............61 Misstatements of Electoral Law ..............30 Including Aggregated Complaint Data in Boundary Delimitation .....................30 SJCE Final Report ........................61 Decisions on Ballot Invalidation ..............62 Voter Registration .........................32 Criteria and Procedures for Conducting Ensuring the Voters’ List Is Accurate Audits and Recounts ...................62 and Current .............................33 Ethical Obligation to Report Misconduct ........62 Women and Voter Registration ...............34 Voter Education and Information .............34 Conclusions and Recommendations . .64 Candidates, Parties, and Campaigns ...........36 Acknowledgments..........................72 Religious Slogans .........................37 Terms and Abbreviations....................74 Campaign Silence-Period Violations ...........37 Appendix A: Delegation List and Campaign Finance ........................38 Deployment Plan ..........................75 Election Days, Voting, and Vote Counting .....39 Appendix B: Observation Checklists ..........77 Poll Opening ............................39 Appendix C: Public Statements of the Carter Illicit Campaigning on Election Day ...........40 Center’s Witnessing Mission .................89 Polling .................................40 The Carter Center at a Glance ..............165 Closing .................................44 Security ................................46 Vote Counting and Tabulation ...............47 Election Results Management ................50 The Carter Center 1 The Carter Center Executive Summary gypt’s first parliamentary elections in the post- The People’s Assembly elections captured Mubarak era were a formative step in Egypt’s national and international interest and enjoyed Estruggle for democracy. The broader context in broad participation by voters, political contestants, which the parliamentary elections were held, how- media, and civil society alike. Nevertheless, several ever, was a cause for concern. The Supreme Council problems arose during the election period that are of the Armed Forces (SCAF), as the interim authority symptomatic of larger underlying issues with the legal over the transition, failed to implement institutional framework and the election administration. They and sectoral reforms, resulting in a deterioration of included, but were not limited to, incorrect imple- the relationship between the military council and mentation of procedures put in place to ensure confi- many segments of Egyptian society. In particular, the dence and transparency in the process, administrative strict regulatory environment for civil society organ- mistakes which led to last-minute legal challenges izations, the ongoing implementation of the emer- resulting in costly rerun elections across many juris- gency law and the subjection of civilians to military dictions and a general uneven enforcement of trials, the repression of political activists, and the sti- the law and regulations. fling of political dissent in the state-owned media led The Shura Council elections, on the other hand, to confrontations between the military and civilians, garnered little interest and participation. Uncertainty sometimes resulting in violence. In spite of these about the value and role of the Shura Council, in concerns and in spite of visible flaws in the elec- conjunction with the pace and direction of the transi- tion process itself, it is the assessment of the Carter tion as a whole, contributed to a low level of engage- Center’s mission that the results of the parliamentary ment. On June 14, 2012, the Supreme Constitutional elections appeared to broadly represent the will of Court invalidated sections of the laws governing the Egypt’s voters. election of the People’s Assembly and ordered the Under the supervision of a judicial election assembly dissolved.* While many of the same tech- management body, polling for Egypt’s parliamentary nical and operational shortcomings witnessed by the elections took place over a nearly three-month period Carter Center mission during the People’s Assembly between Nov. 28, 2011, and Feb. 22, 2012. The election were again observed in the Shura Council People’s Assembly elections were conducted in three election, the Supreme Judicial Commission for phases covering nine governorates per phase, while Elections (SJCE) introduced some welcome technical the Shura Council election was conducted in two improvements to the electoral process. It was difficult phases covering 13 governorates in the first phase to assess their value, however, given the atmosphere and 14 governorates in the second phase. There in which these improvements were implemented were more than 50,000 polling stations available and the associated low voter turnout. While the for both elections, allowing for nationwide polling election results appeared to have reflected the will of an estimated 50 million eligible voters. In total, Egyptians elected 498 members of the People’s * In October 2011, the SCAF decided to allow party members to run Assembly and 180 members of the Shura Council. for both the two-fifths of People’s Assembly seats available for parties Of the 678 elected members of Parliament, just and the one-third of People’s Assembly seats reserved for individual candidates. This decision was allegedly made under pressure from 14 are women. parties, including the Freedom and Justice Party. On June 14, 2012, the Supreme Constitutional Court ruled that the SCAF’s decision was an unconstitutional violation of Egyptians’ right to equality before the law. 2 The Carter Center 2011–2012 Parliamentary Elections in Egypt of the voters that participated, the low level of voter In its final report, The Carter Center outlines its turnout underscored the political uncertainties that complete findings from the parliamentary elections surrounded Egypt’s ongoing transition. and recommends several key steps to improve the This, coupled with a subsequent decision of the conduct of future elections in Egypt. Many of these SCAF to amend the Constitutional Declaration as recommendations also apply to the May 2012 presi- votes were being counted in the presidential elec- dential election, and the as-yet-unscheduled constitu- tions, was a cause of great concern regarding the vote tional referendum. With the opportunities presented and meaning of elections in the transition process. by the continued transition in mind, and in the spirit Several significant challenges remain to complete of cooperation and respect for the people of Egypt, Egypt’s democratic transition. To address these The Carter Center offers the following recommenda- challenges, Egyptian leaders must ensure that the tions for future elections. transition to civilian rule is completed as promised. • Create a permanent, professional, independent, Specifically, Egypt also should make every effort to and impartial electoral management body. In conduct an inclusive constitutional drafting process line with Egypt’s international commitments, The that takes into account the views of the full political Carter Center recommends that the future consti- spectrum of Egyptian society and protects democratic tution explicitly provide for the independence principles, fundamental rights, and freedoms. of Egypt’s election authority and that lawmakers After receiving accreditation through the SJCE, reconsider