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Legislative and Presidential Elections in Tunisia: Final Report

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Legislative and Presidential Elections in Tunisia: Final Report ELECTION REPORT ✩ Legislative and Presidential Elections in Tunisia Final Report October, November, and December 2014 ELECTION REPORT ✩ Legislative and Presidential Elections in Tunisia Final Report October, November, and December 2014 One Copenhill 453 Freedom Parkway Atlanta, GA 30307 (404) 420-5100 www.cartercenter.org Contents Foreword . 4 Candidates, Parties, and Campaigns . 34 Executive Summary . 6 Campaign Finance .. 37 Voter Registration . 7 The Campaign Period . 39 Candidate Registration . 8 Civil Society .. 45 Campaign . 9 Electoral Dispute Resolution . 47 Voting and Counting. 11 Election Day . 49 Tabulation . 11 Legislative Elections . 51 Election Dispute Resolution .. 12 First Round of the Presidential Election. 54 Results . 12 Second Round of the Presidential Election . .55 Recommendations . 13 Security . 57 The Carter Center in Tunisia . 14 Postelection Complaints . 58 Carter Center Election Complaints Against the Preliminary Results of Observation Methodology . 15 the Legislative Election . 58 International Obligations . 17 Complaints Against the Preliminary Results of the First Round of the Presidential Election . 59 Historical and Political Background . 18 Conclusions and Recommendations . 61 Electoral Institutions and the Framework for the Presidential and Legislative Elections . 22 Appendix A: Acknowledgments . 64 Legal Framework . 22 Appendix B: The Carter Center Boundary Delimitation . 23 Delegation and Staff . 65 Electoral System . .. 24 Appendix C: Terms and Abbreviations . 68 Election Management . 25 Appendix D: Statements and Press Releases . 70 Pre-election Developments . 30 Appendix E: Deployment Plan . 138 Voter Registration . 30 Appendix F: Checklists (Short Form) . 144 Voter Education . .. 33 Appendix G: Electoral Results . 161 Appendix H: Letter of Invitation . 165 Foreword By Ambassador (Ret.) Mary Ann Peters and security concerns to promote stability and Chief Executive Officer of The Carter Center satisfy citizens’ aspirations. In this report, The Carter Center presents Tunisia has made significant democratic progress its assessment of the 2014 electoral process in after shedding the legacy of dictatorship in favor Tunisia, including its analysis of the electoral law, of a vibrant democratic culture. The country held voter and candidate registration, the campaign three rounds of genuine and competitive elections period, voter education, and election-day adminis- in 2014, following the adoption of a new constitu- tration and security. These assessments are largely tion. These elections were the latest steps in a positive. The High Independent Authority for transition to democracy that grew from a spark the Elections (ISIE) made significant efforts to in December 2010 to the peaceful ouster of the improve the electoral administration from 2011 authoritarian Ben Ali regime in January 2011. and after each successive round of elections in After the ouster of the Ben Ali regime, The 2014. Carter Center monitored the 2011 election of Looking forward to the municipal elections the 217-member National Constituent Assembly, anticipated within a year, there is still room for finding them largely peaceful and credible. The improvement, as there is in almost every country. Center maintained its presence in Tunis in the For instance, some of the regulations adopted by years after the elections, serving as a resource for the ISIE were unduly restrictive and seemed to key stakeholders and assessing legislative proposals cause confusion among poll workers, leading to against international standards and best practices. uneven implementation. The ISIE’s voter educa- The Carter Center’s work in Tunisia is part of tion efforts began late and were too narrow in a 25-year commitment to observing elections scope. The Carter Center also recommends that based on impartial and broadly accepted standards the ISIE increase its voter registration efforts to derived from state obligations under public inter- reach those voters who failed to register for the national law. I was honored to co-lead the election 2014 elections, including by the introduction mission to observe Tunisia’s 2014 presidential of continuous voter registration. The Center th elections, the Center’s 99 such mission. applauds the ISIE’s support of observers in this The 2014 elections demonstrated Tunisia’s election and the large number of civil society efforts to build permanent democratic institutions organizations and party agents it accredited. The that guarantee the protection of human rights and electoral authorities should work with civil society ensure transparent and representative governance. organizations to clarify the roles and rights of elec- To consolidate democratic gains, the next step for toral observers in future elections. Tunisian leaders is to address social, economic, 4 The Carter Center hopes that the assessments and political rights, especially given the political presented here will help improve Tunisia’s future instability in the region. We grieve with Tunisia electoral processes. To that end, this report for the victims of the March 2015 attacks at the includes detailed recommendations to the election Bardo and hope that in their memory Tunisians management authorities, the new legislature, and will redouble efforts to ensure protections for key other key stakeholders, based on international freedoms and rights. standards and Tunisia’s commitment to those The achievements of the Tunisian people standards. Above all, lawmakers should ensure since 2011 have been truly remarkable. Tunisia, that existing legislation is fully consistent with the the birthplace of the Arab Spring, remains the standards enshrined in the new constitution, espe- brightest hope in the region. The Carter Center cially regarding the provisions on human, civil, applauds the progress made so far and looks and political rights. forward to working with the Tunisian people to The Center hopes that Tunisian lawmakers strengthen their democracy. will continue work to prioritize human, civil, Legislative and Presidential Elections in Tunisia 5 Executive Summary This is the final report of the Carter Center’s step in Tunisia’s democratic transition. Voters observation missions for the 2014 legislative, demonstrated their ongoing commitment to the presidential, and presidential runoff elections democratic transition as they cast ballots in all in Tunisia. These elections came nearly three three elections. The polls were conducted in a years after the ouster of an authoritarian regime, calm, orderly, and transparent manner. The results and their successful conduct represents a key lay the groundwork for the implementation of the new constitution and establishment of stable and Marie Danielle legitimate democratic institutions. The Tunisian Luyoyo Pwenika, people overcame significant challenges to reach an international these milestones, which are critical to the coun- observer for The try’s consolidation of democratic governance. Carter Center, The completion of this electoral cycle repre- assesses electoral Gwenn Dubourthoumieu sents a successful end to a long and difficult processes in a polling station during the transition period for Tunisia, beginning with the presidential election. so-called “Jasmine Revolution” and the elec- tion of the National Constituent Assembly in 2011. During this period, Tunisia adopted a new constitution, overcame several political crises that threatened to end the democratic experiment before it had even begun, and elected a new legis- lature and president in the first democratic and transparent elections in the country’s history. Political party leaders and the National Constituent Assembly took significant steps to prepare the effective conduct of the elections; creating a permanent independent election management body, the Independent High Authority for Elections (ISIE, as it is known by its French acronym) to conduct the elections, reviewing and seeking consensus on the members elected to the ISIE council; and adopting a new legal framework governing electoral procedures. The legal framework for the 2014 legislative and presidential elections is mainly comprised of 6 the January 2014 constitution, the 2014 electoral decision-making process, and a sound communica- law, the law on the ISIE, and the law related tion and information strategy. On all of these to the freedom of audiovisual communication. accounts, and in spite of the experience and Although Tunisia’s electoral legal framework institutional knowledge from the 2011 National provides a solid basis for the conduct of elections Constituent Assembly elections, the ISIE struggled consistent with international and regional stan- to adopt a consistent approach. Unfortunately, dards as well as best practices, certain areas of the many difficulties experienced by the ISIE were legal framework could be improved. similar to those experienced by the electoral For example, due to the political pressures management body in 2011, including failure to within the National Constituent Assembly during communicate effectively and transparently with the drafting of the electoral law, some provisions electoral stakeholders. of the electoral law are ambiguous or inconclusive, Although the ISIE struggled with aspects of which left it to the ISIE to provide clarifica- transparency and confidence-building, Carter tions and supplement various provisions of the Center observers found that the ISIE delivered electoral law through regulations. The adoption well-run and orderly elections.1 This,
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