Bridging the Divide? an Assessment of Elections in Sri Lanka and the Palestinian Territories

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Bridging the Divide? an Assessment of Elections in Sri Lanka and the Palestinian Territories Bridging the Divide? An Assessment of Elections in Sri Lanka and the Palestinian Territories Authors Michael Balz, Morgan Courtney, Nathan Hodson, Lena Hull, Seth Lynn, Eric Melancon, Julia Morse, Bill Parsons, Arian Sharifi, Sehar Tariq Project Advisor Jeff Fischer January 2010 About the Woodrow Wilson School at Princeton University The Woodrow Wilson School of Public and International Affairs was founded at Princeton in 1930, created in the spirit of President Woodrow Wilson’s interest in preparing students for leadership in public and international affairs. The Woodrow Wilson School has celebrated over 75 years of preparing talented individuals for careers in the service of the nation and the world. Today, the School educates a wide range of students from the U.S. and around the world who seek to apply their knowledge and skills to the solution of vital public problems in both the domestic and international realms. About Graduate Policy Workshops Graduate Policy Workshops are a unique part of the curriculum of the School’s graduate program. Workshops provide students with an opportunity to use what they have learned from their first year in the program, their summer work, and their other experiences to analyze a complex and challenging policy issue. The workshops emphasize policy implementation, and it is this that distinguishes it from regular coursework. The goal of the workshops is not just to understand a policy issue, but to devise policy recommendations that are both creative and realistic, given the relevant institutional and political constraints. All views expressed in this publication are solely those of the authors. The authors take full responsibility for any errors or omissions in this report. Acknowledgments A number of people and institutions provided critical support to conduct this research workshop on managing elections in fragile states. We would like to express our gratitude to the Woodrow Wilson School of Public and International Affairs at Princeton University for this opportunity. In particular, we would like to thank Melissa Lyles, Karen McGuinness, the staff of the Graduate Program Office, Rebecca Anderson, and Ambassador Daniel Kurtzer. We would like to thank our clients at the United Nations Electoral Assistance Division and the United States Agency for International Development for providing direction on our project and constructive feedback on our analysis and recommendations. We would also like to thank Lisa Moore for providing critical contacts and logistical assistance for the Sri Lanka research trip. Likewise, Vlad Pran of IFES, as well as Chris Gunness and Sami Mshasha of UNRWA provided invaluable support to the group studying the Palestinian elections. We are also grateful for all of the individuals who agreed to be interviewed during the course of this project. A list of organizations consulted may be found in the appendix. This project could not have been successful without the guidance, support, encouragement, and expertise of our advisor, Jeff Fischer. His good humor, patience, and endless wisdom from his years of experience with elections in fragile states were invaluable. We thank him for his tireless dedication to us, and to the success of this project. Woodrow Wilson School of Public and International Affairs Princeton University Robertson Hall Princeton, NJ 08544-1013 wws.princeton.edu Cover Photo Credit: Ballot Boxes. Used with a Creative Commons license. http://www.flickr.com/photos/kitoy/1597912606. Table of Contents List of Acronyms .......................................................................................................................................................................ii Executive Summary ...................................................................................................................................................................1 I. Introduction ..........................................................................................................................................................................4 II. Elections in the Palestinian Territories: Constraints and Opportunities .................................................................................5 III. Postwar Elections in Sri Lanka: A Pathway to Peace? ...........................................................................................................17 IV. Conclusion ..........................................................................................................................................................................32 Appendix I: Key Political Parties and Actors in Sri Lanka ..........................................................................................................33 i Appendix II: Electoral Systems in the Palestinian Territories and Sri Lanka ...............................................................................34 Appendix III: List of Organizations Consulted by the Princeton Team ......................................................................................38 Appendix IV: Background on the authors .................................................................................................................................39 List of Acronyms ASEAN Association of Southeast Asian Nations CaFFE Campaign for Free and Fair Elections CEC Central Elections Commission CIDA Canadian International Development Agency EMPPR Emergency Miscellaneous Provisions and Powers Regulation EPDP Eelam People’s Democratic Party EU European Union GoSL Government of Sri Lanka GSP+ Generalized System of Preferences Plus IDP Internally Displaced Person IFES International Foundation for Electoral System IO International Organization JHU Jathika Hela Urumaya (National Heritage Party) JVP Janatha Vimukti Permuna (People’s Liberation Front) LTTE Liberation Tigers of Tamil Eelam MP Member of Parliament ii NGO Non Governmental Organization NSF National Security Forces PA Palestinian Authority PAFFREL People’s Action for Free and Fair Elections PLC Palestinian Legislative Council PLO Palestine Liberation Organization PNC Palestinian National Council PR Proportional Representation PTA Prevention of Terrorism Act of 1979 SLFP Sri Lanka Freedom Party TNA Tamil National Alliance UK United Kingdom UN United Nations UNP United National Alliance UNRWA United Nations Relief and Works Agency US United States USAID United States Agency for International Development Bridging the Divide? An Assessment of Elections in Sri Lanka and the Palestinian Territories 2009-10 Executive Summary Elections are one of many tools that contribute to an overall territories, both Fatah and Hamas have expressed a willingness democratic culture within a country. In the right context, elec- to engage in negotiations, but neither party has initiated con- tions can foster an accountable and inclusive government, and fidence-building measures necessary to create an environment provide marginalized groups an outlet to address grievances. conducive to holding elections. Meanwhile, the United States, However, without an underpinning of practices that protect Israel, and many other international actors remain opposed or minority rights and foster government credibility, elections at least ambivalent toward any reconciliation agreement that can exacerbate internal tensions and even engender violence. does not first require Hamas to meet the Quartet Conditions. This report is a comparative study of elections in two divided Key challenges societies: the Palestinian territories and Sri Lanka. In both of The CEC is highly respected and capable of administering these locations, elections are often presented as a way to repair high-quality elections. However, key questions remain about internal schisms, but in practice, elections in the current con- location of elections, the electoral system, and internal party text could exacerbate long-standing divisions. The inclusion dynamics. Even if Fatah and Hamas can reconcile and reach of these two cases makes it possible to analyze how different an agreement that is designed to overcome the electoral im- political environments can foster similar electoral challenges. passe, Palestinian leaders must still implement confidence- building measures to create a political environment conducive This report addresses three important research questions to de- to elections. Challenges include integrating security forces and termine how elections can bridge societal divides: putting in place a system that allows all parties to move and campaign freely throughout the Palestinian territories. For this • What type of political environment needs to exist reason, the role of Israel and the international community in for elections to prevent further entrenchment of allowing elections to go forward is crucial. Even then, the po- societal divisions? tential for voter intimidation and violence in the period lead- 1 ing up to and including election day must be addressed. • In such an environment, what is the minimum standard for an election to be perceived as legitimate Recommendations by all parties? To enhance the prospects that a reconciliation agreement is • What can the international community do to signed and create an environment conducive to holding elec- improve the political context for elections and tions, the international community should: increase the likelihood that electoral outcomes will be accepted as legitimate by all parties? • Continue to strengthen the CEC so that it remains a model institution of Palestinian democratic
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