Election Observation Report: Bangladesh Parliamentary Elections THE IN T ERN at ION A L REPUBLIC A N INS T I T U T E ADV A NCING DEMOCR A CY WORLD W IDE BA NGL A DESH PA RLI A MEN ta RY ELEC T IONS DECEMBER 29, 2008 International Republican Institute ELEC T ION OBSERV at ION MISSION FIN A L REPOR T The International Republican Institute 1225 Eye Street, NW, Suite 700 Washington, DC 20005 (202) 408-9450 phone (202) 408-9462 fax www.iri.org Bangladesh Parliamentary Elections December 29, 2008 Election Observation Mission Final Report The International Republican Institute 1225 Eye Street, NW, Suite 700 Washington, DC 20005 www.iri.org This report is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The opinions expressed herein are those of the author(s) and do not necessarily reflect the views of USAID or the United States Government. Cover photo (center) courtesy of Ron Laufer. TABLE OF CONTENTS Executive Summary 5 I. Introduction 9 II. Pre-Election Environment 13 A. Emergency Rule and Government Reform Efforts B. Administrative Framework for Elections C. The Roadmap to Elections National Voter List Amended Election Law of 2008 Delimitation D. Politics and the Political Environment The Re-Emergence of Political Parties Candidate Selection and Nomination Scrutiny of Nominated Candidates and Appeals Political Campaigns Minorities Media III. Election Day and Ballot Tabulation 37 A. Polling Centers – Environment and Preparedness B. Voting Process C. Domestic Election Observers D. Political Party and Candidate Poll Agents E. Ballot Counting and Reporting IV. Post-Election Day Environment 53 A. Meetings with Local Election and Government Officials B. Meetings with Political Parties V. Recommendations 55 VI. Appendix 75 A. IRI Delegation List B.. IRI Election Observer Deployment Map C. IRI Preliminary Statement on Bangladesh’s Parliamentary Elections, Released December 30, 2008 D. Roadmap to Elections E. Are We Building a Better Voters List for Bangladesh? F. Code of Conduct for Political Parties and Candidates 2008 Bangladesh Parliamentary Elections 5 Executive Summary On December 29, 2008, 70 million Bangladeshi voters cast ballots to decide who would serve in the country’s ninth parliament. After two years with an unelected caretaker government governing under a State of Emergency, the Bangladeshi people chose a democratically-elected government on a day characterized by very high voter turnout following campaigns conducted passionately but largely free of violence. At the invitation of the Bangladesh Election Commission (BEC), the International Republican Institute (IRI) sponsored a 65-member delegation to observe the nation’s December 29, 2008, elections. IRI is a nonpartisan, nonprofit organization based in Washington, DC, that has been active in more than 100 countries worldwide to advance freedom and democracy by developing political parties, civic institutions, open elections, good governance and the rule of law. IRI has monitored more than 130 elections since 1984. The findings and recommendations presented in this report are drawn from the observations of IRI’s 13 teams of long-term observers (LTO) deployed to the field six weeks prior to Election Day and 20 teams of short-term observers (STO) deployed immediately before Election Day. LTOs observed the campaign period, Election Day and the post-election period, meeting with a wide range of electoral stakeholders throughout the country. STOs arrived in Dhaka approximately five days before Election Day, attended a comprehensive series of briefings in Dhaka, and deployed to their assigned locations two days before Election Day. On Election Day, IRI observers were present during all stages of the voting process at more than 280 of the country’s 35,263 polling centers. They encountered more than 3,400 6 The International Republican Institute election workers and thousands of Bangladeshi voters. They observed the opening of polling centers, visited multiple polling centers throughout Election Day and attended the closing of polling centers and portions of the ballot counting and results consolidation processes. After Election Day, 20 LTOs remained in the field for five days to observe final adjudication and to meet with winning and losing candidates, political parties, local election and government officials. IRI’s election observation mission found the results of the election accurately reflected the collective will of the Bangladeshi people and were conducted in a competitive and fair electoral environment free of irregularities serious enough to question the outcome. The BEC proved technically capable of administering a nationwide election under a new framework of laws, freshly redrawn constituencies and a completely new voter list with photographs created during 18 months of work. Political parties, however, reverted to their traditional practices of disregarding legal limitations to use money and manpower to influence voters as Election Day neared. IRI observers were distinctly impressed by the discipline and determination exhibited by the Bangladeshi electorate, which was clearly eager to elect a new parliament after two years under an unelected government. A record 86 percent of eligible voters – approximately 70 million citizens, of which more than half were women – cast ballots. Despite long lines and some confusion in directing voters to their assigned voting booths within polling centers – largely the result of the high turnout and a poorly designed system for locating names on the new voter list – the balloting process was generally orderly. IRI election observers were unanimous in their overall conclusion that the election represented a timely and critical step forward for Bangladesh’s democracy, a sentiment echoed in the 2008 Bangladesh Parliamentary Elections 7 frequently repeated remarks by Bangladeshis that these were the best elections in the country’s history. Based on its observations before, during and after Election Day, IRI strongly recommends that the Government of Bangladesh (GOB) decompress its electoral calendar to allow for more meaningful political activity to be conducted in a more transparent and participatory manner, that all stakeholders reexamine and adhere to campaign finance laws, and that the BEC implement reforms to ensure a neutral, non-political environment around and within polling centers to allow voters to cast their ballots in an environment free of political and other possible intimidation. The BEC, political parties, the media, domestic election observers, security personnel and the GOB all have important roles in the ongoing process of building on the success of these elections. Moving forward beyond the election, it is crucial that the country’s leaders recognize that Election Day is only one part of a democratic political process. Political parties, newly elected members of parliament and civil society organizations must now commit themselves to constructive participation in the political and governing processes, continued strengthening of their electoral system and their political culture and service in the interest of the whole nation. 2008 Bangladesh Parliamentary Elections 9 I. Introduction At the invitation of the BEC, IRI sponsored a 65-member delegation to observe the nation’s ninth parliamentary elections on December 29, 2008. IRI prepared this report based on the in- person observations of its delegation members and staff; it does not necessarily represent the views of individual observers. This report contains IRI’s detailed observations of the pre-election period, Election Day and the immediate post-election period, as well as recommendations to stakeholders to improve the electoral process for future elections. To evaluate the state of preparations for the parliamentary elections, IRI conducted two pre-election assessments, from July 31 – August 8 and from October 13 – 21, 2008. The assessment teams found that the BEC would be ready to hold parliamentary elections in December, despite some concerns about a lack of sufficient human resources, particularly in regard to election officers. IRI noted some irregularities and shortcomings that could have been overcome with better organization and coordination, better training for election workers, including security forces, voter education and clarification of election laws and regulations. In addition to offering specific recommendations to electoral stakeholders in regard to how to address cited irregularities and shortcomings, IRI encouraged the BEC, the Caretaker Government (CTG) and political parties not to lose sight of the wishes of voters during the critical final weeks before Election Day. IRI board member and former Assistant Secretary of State for African Affairs Constance Berry Newman served as head of IRI’s Election Day delegation, which also included representatives from Belgium, Canada, China, Finland, Georgia, Greece, Hungary, Indonesia, Kenya, Malaysia, Poland, Sierra Leone, Singapore, Uganda, the United Kingdom and the United States 10 The International Republican Institute (Appendix A). IRI staff also served as observers and assisted in the mission. Judy Van Rest, IRI’s Executive Vice President, Cynthia Bunton, Asia Regional Director, and Jeffrey Vanness, Resident Country Director for Bangladesh, led IRI’s staff delegation. The IRI delegation included both LTOs and STOs. Twenty- six LTOs deployed in teams of two to 11 locations in the six administrative divisions of