VOTER REGISTRATION OBSERVATION IN NEPAL June 2011-Mid July 2012
A Comprehensive Report
/fli6«o lgjf{rg ko{j]If0f ;ldlt -lgof]s_ National Election Observation Committee (NEOC) National Secretariat Satoaki Memorial Building, Kupondole–10, Lalitpur, Nepal GPO Box: 26550, Tel: 01-5541502, Fax: 0977-01-5541503 Email: [email protected], [email protected], Web: www.neocelection.org VOTER REGISTRATION OBSERVATION Comprehensive Report
Chief Editor : Dr. Gopal Krishna Siwako Special Assistance : Prof. Kapil Shrestha Bhawani Prasad Kharel Report Dra ing Team : Bikal Shrestha Binod K. Vishwakarma Subhas Sapkota Prasun Singh Pradeep Gautam Layout/Design : Unigraphics Tel: 01 691 2152/98511 21826 Financial Assistance : DanidaHUGOU Publisher : Na onal Elec on Observa on Commi ee (NEOC) Year of Publica on : July, 2012 No. of Copies : 1000 Copyright : NEOC Prin ng : Ganga Jamuna Press Pvt. Ltd. 01-4386934/98510 14743 Table of Contents
Page No. Chairperson's Foreword 1 Editorial Expression 3 Acronyms 5 The Context 6 NEOC Organiza onal Profi le 17
Sec on - I: Voter Registra on (VR) : Cri cal Dynamics 27 Outline 27 Facts, Concept and Ac vi es Regarding the VR process 35 Project Objec ves 40 Project Cycle 42 Program Implementa on and Results: 42 Related Case Studies 44
Sec on - II: Observa on Sta s cs 51
Sec on - III: Observa on Findings 76 • General Findings 76 • Specifi c Findings 78 • Field Based Observers' Lens 81 • Overall Conclusion 82
Sec on - IV: Claims and Objec ons 84
Sec on - IV: Recommenda ons 87 Annexes 90 Annex -1 : Latest sta s cs of the ECN on the ongoing VR process 90 Annex -2 : NEOC- Observers' Code of Conduct 91 Annex -3 : NEOC- Regional/District Commi ees and Observers' contact details 92 Annex- 4 : NEOC- Central Execu ve Commi ee and Na onal Secretariat 94 Annex -5 : Format of the Ques onnaires Used 96 Annex- 6 : NEOC in Ac on 102
References 107 Chairperson's Foreword Reviving the VR Initiatives
Clean and Clear voter registra on (VR) is the key source of free and fair elec ons. Our own experience and that of many others have shown that in absence of me culous registra on process, all kinds of fraud and fraudulent ac vi es may germinate resul ng in loss of credibility of the en re electoral regime. To combat this trend, since the last few years the Elec on Commission of Nepal (ECN) has launched a VR ini a ve in combina on with several voter educa on programs which has been closely observed by NEOC. Now that NEOC’s year-long eff ort to observe the VR process has come to an end which was built on the premise that it is essen al for all Nepalese to understand their democra c rights and ac vely par cipate in the na on’s electoral process. The VR and iden fi ca on ini a ve digitally collects voters’ fi ngerprints, photographs and personal informa on. This process and the resul ng electronic voter list is expected to provide clear and fast iden fi ca on of voters, deter vo ng fraud, and iden fy and remove duplicate and deceased registrants. Since the electronic VR process is s ll unknown to many ci zens, increased awareness of the process and phases to VR is ever deemed essen al. We have no ced several challenges in the process of observing the VR across the country. The key ones among them is the urgent need to provide encouragement and mo va on to the local community about the benefi t of the biometric registra on. Many poten al voters including intellectuals do not always see the benefi t or do not care for registering due to a variety of reasons as men oned in the fi ndings of the observa on. Moreover, VR provides ci zens with an opportunity to exercise their democra c and cons tu onal rights and du es, like choose a leader of their choice; vie in elec ons; safeguard their rights
VR Observa on Report (June 2011- Mid July 2012) 1 and freedoms as provided in the cons tu on, and; for poli cal involvement. The upcoming elec on in Nepal is very crucial in view of the controversial image our na on has created for itself due to non- promulga on of the new Cons tu on. Nepal will be the cynosure of all eyes as it goes, at all, for yet another elec on. Already a lot of tensions have started to generate and it is up to all Nepalese to ensure that the country does not embrace the same old high intensity confl ict, instability and protracted transi on. We understand that biometric VR is diffi cult to implement, specifi ca on and procurement processes are lengthy, training of operators and data processing are complex and lengthy processes pu ng a lot of pressure on the ECN to produce the list in me. With the challenges encountered during the last elec ons, the ECN ought to ensure that every material and resource is available for the success of the registra on of all eligible voters. No one must be disenfranchised. This is indeed a sacred duty nobody must shy away from. We are pleased to observe that in spite of the ini al problems which the ECN had successfully put under control, and was confi dent that succeeding phases would be be er executed in order to produce a credible voter’s register for the upcoming elec ons. We greatly appreciate and thank the ECN for having accredited us to observe the VR processes in the country and for the support and coopera on we received from the ECN offi cials and staff in the fi eld. We duly acknowledge and appreciate the VR observers in the 15 districts whose diligence, commitment and hard work has been instrumental in the collec on and assemblage of data and informa on for this observa on report. On behalf of NEOC, I would like to take this opportunity to express our most indebted gra tude to DANIDA/HUGOU for its mely support in our eff ort to undertake the observa on of the voter roll prepara on process at all levels. Surya Prasad Shrestha Chairperson
2 VR Observa on Report (June 2011- Mid July 2012) Editorial Expression
Opportunities and Challenges of BVR in Nepal
Voter registra on (VR) accomplishes several cri cal func ons. It brings eligible people into the elec on process, ensures the equality of the vote and prevents ineligible people from vo ng. VR provides an opportunity for claims and objec ons about voter eligibility and provides informa on about how many people are eligible to vote and how they are distributed around the country. The use of biometric VR (BVR) technology can be far from successful if the condi ons are not right. A thorough needs assessment and feasibility study is essen al before deciding to introduce biometric technology in either VR or verifi ca on. The various challenges and the me required to implement such technology should not be underes mated. A country’s legal framework must also be taken into account.
Some of the par cular challenges associated with the introduc on of VR biometric technology are highlighted from Nepal’s experience: me required for registering voters; the calibra on of the facial recogni on so ware; and diffi culty of obtaining fi nger prints from some people. NEOC hopes that there is no room for error or setbacks with the modern technology used in the VR as tremendous amount of me and resources have been already spent in this endeavor.
Unques onably, the proponents of the biometric VR for future elec ons in Nepal had good inten ons. By the improved form of registra on and vo ng, the ECN had in mind to achieve transparency, fairness and to guarantee every registered electorate or ci zen the franchise of one-person one vote. The clarity of its inten on cannot be overes mated. They sought to eschew the abuse of mul ple registra ons by same individual which behavior is common in Nepal's VR exercises. Nevertheless, "good inten ons alone cannot bring about the world peace". Given the inherent abuses and poli cal immaturity of Nepal's past electorates, the ECN's move is expected to ins tute proper checks and balances in the process.
VR Observa on Report (June 2011- Mid July 2012) 3 NEOC observers have con nued its observa on ac vi es since the issuing of its “Second Interim Statement on the Elec on Commission of Nepal’s ‘Voter Register with Photograph’ Program” in July 2011 and have observed various aspects of VR, including enhanced con nuous registra on, the return of registra on teams to the 11 priority districts, and the verifi ca on of registra on data at the DEO level.
Re-opening VR in loca ons previously aff ected by obstruc on from poli cal par es was a major achievement. Credit goes to the ECN for successfully nego a ng for reopening of VR in Banke, the fi nal remaining district which was facing poli cal party obstruc ons. Also, registra on loca ons have been opened outside district headquarters in certain districts to provide increased access to poten al registrants. However, it is important for the ECN to further coordinate with the Ministry of Home Aff airs (MoHA) to explore the amicable way in facilita ng the issuance of ci zenship cer fi cates to all eligible ci zens. The eff orts of the ECN to improve the data management are commendable. In the current poli cal context of uncertainty to hold the new elec on, it is advisable for the ECN to conduct a “missed” VR exercise since a considerable percentage of the eligible voters; par cularly overseas migrant workers and diaspora community are yet to register. The fl exibility on the part of the ECN to extend the meline to ensure the registra on of all eligible voters would determine the magnitude of the goodwill.
The ini al phase of the long-cherished exercise is over and NEOC acknowledges the commitment and invaluable contribu on of the NEOC Ex-Com members and staff for their assistance and teamwork in the planning, training and deployment of the VR observers. We are grateful to DANIDA/HUGOU for its contribu on to accomplish the observa on of the VR through the mobiliza on of local observers who are the ul mate source of the facts, fi gures and fi ndings of this observa on report.
Gopal Krishna Siwako , PhD Secretary General
4 VR Observa on Report (June 2011- Mid July 2012) Acronyms
ANFREL Asian Network for Free Elec ons BVR Biometric Voter Registra on CA Cons tuent Assembly CBO Community Based Organiza on DAO District Administra on Offi ce DEAN Democracy and Elec on Alliance Nepal DEO District Elec on Offi ce DFID Department for Interna onal Development EMB Elec on Management Body ECN Elec on Commission of Nepal EOM Elec on Observa on Mission EU European Union EVM Electronic Vo ng Machine FPTP First Past The Post HUGOU Human Rights and Good Governance Unit ICCPR Interna onal Covenant on Civil and Poli cal Rights ICT Informa on and Communica on Technology IDPs Internally Displaced Persons MoFA Ministry of Foreign Aff airs MoHA Ministry of Home Aff airs NEOC Na onal Elec on Observa on Commi ee NGO Non Governmental Organiza on NHRC Na onal Human Rights Commission ODR Out of District Registra on PR Propor onal Representa on TAF The Asia Founda on ToT Training of Trainers UDHR Universal Declara on of Human Rights VDC Village Development Commi ee VR Voter Registra on VRO Voter Registra on Observa on
VR Observa on Report (June 2011- Mid July 2012) 5 The Context
For quite some me, Nepali poli cs has been undergoing through an unprecedented, tumultuous and irreversible transi ons and transforma ons. In this context, the a empts made by the ECN to replace the exis ng VR process by more scien fi c and accurate new methods of BVR which involves the extensive use of ICT technology, amounts to nothing less than a ‘scien fi c revolu on’ which has the poten al to fundamentally transform the electoral process in the country. Since, there is denying the fact that the Voters’ List has always remained the most conten ous and controversial issue in Nepal and in most of newly democra c countries. The defec ve, inaccurate and exclusionary voter’s list has, indeed, proved to be one of the major hurdles in ensuring peaceful, free, fair, independent and credible electoral exercise. Hence, it is very commendable that at the moment when the country has been experiencing uncertainty and confusion related to the larger poli cal issues dealing with the cons tu on making and governance, the ECN has quietly and astutely decided to introduce a very important innova on in the electoral regime.
In the face of advancing ICT and emerging challenges in VR, the ECN has taken the bold decision to replace the current VR with a biometric register for subsequent elec ons. Biometric VR involves the use of biometric technologies with the use of computers, fi ngerprint scanners and digital cameras to capture the bio-data of applicants. Fingerprints are unique to every individual and it is these unique features and other details that are stored in the computer from which the voters register is produced. As not done in previous registra ons all applicants must be physically present at designated registra on centers (regular polling sta ons to be registered as voters). The old method of registering voters did not have the inbuilt mechanism for detec ng mul ple registra ons and therefore there were instances where some unscrupulous individuals registered more than once.
6 VR Observa on Report (June 2011- Mid July 2012) Biometric technology will make the detec on and removal of mul ple registra ons from the system possible. According to the ECN, a more accurate and reliable register is expected to be produced for the upcoming elec ons. The ECN’s eff ort convincingly indicates that the upcoming registra on exercise will result in the compila on of an en rely new voters’ register that will replace the manual registra on. Every registered voter must therefore be registered anew. Those who have now turned 18 years are also eligible to register as voters.
The ECN is implemen ng VR in accordance with the Interim Cons tu on of Nepal (2007), the Voters’ Roll Act (2006), and the Voters’ Roll Rules (2007). In line with this legal framework, the ECN has developed policies and procedures to govern the conduct of VR, including VR eligibility requirements and implementa on measures. There is no legal obliga on for ci zens to register in Nepal. Registrants must come in person to a registra on site. Individuals are eligible to register if they are aged 16 or older and possess a Nepali ci zenship cer fi cate. In principle, ci zens register to vote for the municipality or VDC listed on their ci zenship cer fi cate. If a ci zen wishes to register for a diff erent municipality or VDC, he or she must present proof of migra on.
As part of our ini a ves to support the on-going electoral reforms being undertaken by the ECN, NEOC is monitoring VR processes in order to document best prac ces, challenges and lessons learned for informed interven ons. The ul mate aim for monitoring the registra on processes is to enhance voters’ confi dence in the electoral processes par cularly in the compila on of a new voters register for the upcoming elec ons. As part of NEOC’s mandate, we observed the VR processes in order to assess, document and avail data and informa on to inform the fresh VR exercise and the ul mate compila on of a new register of voters. Observa on of VR was intended to support the ECN in the new registra on exercise and to build ci zens’ confi dence in the registra on processes.
VR Observa on Report (June 2011- Mid July 2012) 7 Biometric technology is very eff ec ve in electoral processes and of course produces good results, especially in democracies where the voter lists are not fair and error free. The prepara on of the fresh voter list on the basis of biometrics, where picture of a voter and thumb impression will be the prime requirement, is an innova ve eff ort in Nepal. This is primarily because in exis ng lists there are many duplica ons and triplica ons which made them suspicious. This is for the fi rst me that voter list is being prepared on the basis of a ci zenship cer fi cate which is again a step towards credible, fair, error free and acceptable voter list because this is a primary and basic document for ensuring adult franchise.
In emerging and delicate democracies like Nepal, the necessity of comprehensive and fair voter list always play an important role. In the absence of clean voter list, results are o en manipulated with possible occurrence of violence a erwards. It is noted that biometric technology is not diffi cult or expensive as is considered rather it is workable and can be adopted by any EMB having independence and powers to do so. This is a prac cal solu on of problem solving in countries where violence erupts a er elec ons, disturbing the stability and peace.
The ECN is also working on the use of EVMs in forthcoming elec ons and we expect fair, free and credible elec ons with the accomplishment of biometric voter list and the use of the EVMs. It may not be out of place to men on here that all this should be done and carried out in consulta on with all stakeholders especially poli cal par es; therefore, it can be a sustainable approach.
It is important to note that the following ac vi es are prohibited in the process of VR: • Registra on or a empt to register as a voter if someone is not qualifi ed.
8 VR Observa on Report (June 2011- Mid July 2012) • Registra on or a empt to register more than once whether at the same registra on centre or any other centre • Registra on or a empt to register as a voter in the name of another person, dead or alive • Use of force or threat (physical or spiritual), preven on to somebody from exercising his right to register as a voter • Providing false informa on to a registra on offi cer for the purpose of securing registra on • Forging, willfully deface or destroy any offi cial no ce, paper or document rela ng to the registra on of voters • Prin ng in any form rela ng to the registra on of voters without authority from the ECN • Disrup ng proceedings at a registra on centre or in any way interfering with the work of an offi cial connected with the registra on of voters.
The Narrative of the Electoral Roll
Following the adop on of the VR by the ECN about two years ago, some controversies surrounding the electoral roll con nue to surface as well as being debated and ques oned. The controversies primarily centers on the issue that a considerable sec on of the popula on does not possess ci zenship cer fi cate which is a mandatory document to be produced in order to be eligible for registering one’s name in the voter roll. Addi onally, a huge sec on of the popula on is either out of the country for the seasonal or other employment purposes resul ng in their omission from the voters’ list. In the past elec ons, the conven onal and unscien fi c method of VR has been the source of most of irregulari es and manipula ons. Elec on observa on groups such as NEOC, have been trying to draw a en on of the Government and the ECN over the alleged cases of ‘phantom voters’, ‘imported voters’,
VR Observa on Report (June 2011- Mid July 2012) 9 mul ple entries in the electoral roll for a single voter and other irregulari es in terms of administra ve errors and omissions.
This me, the ECN is tasked with an extremely diffi cult and gigan c endeavor, coping with the dynamics of a mobile and un-engaged popula on of vo ng age and mul ple transi onal demands. In the early days of the VR, the allega ons and counter- allega ons have been highlighted by the media, resul ng in a never-ending poli cal blame game which to undermined the public confi dence in the ECN in its administra on of elec ons in terms of registra on of voters with photographs. Nevertheless, now most of the conten ous issues have been se led through dialogues with the stakeholders.
In June 2011, NEOC ini ated a project en tled “Observa on of Voter Registra on with Photograph” with fi nancial support from the DANIDA/HUGOU covering fi een districts of Nepal from mountain to the plain and East to the west. The main objec ves of the project is to improve the quality and transparency of the electoral roll and to assist in increasing the voters’ access to informa on on the registra on with an ul mate goal of improving the effi ciency and integrity of the VR process, and to increase the confi dence of voters on the credibility of the ECN and other state apparatus involved in the ini a ve. This project, which has mobilized 45 VR observers came to an end in mid-July 2012.
The main thirst of the VR observa on is to closely assess the accuracy and completeness of the electoral rolls. Observa on of the process and a tudes of the general public towards VR is carried out at the same me. NEOC had sought the coopera on and acknowledgment from the ECN at the early stages of the project development and mee ngs were held with representa ves from the ECN, IFES, The Carter Centre and the donors prior to the launch of the observa on. The observa on project has been formally accredited and acknowledged by the ECN.
10 VR Observa on Report (June 2011- Mid July 2012) Danida Supported Initiative While the ini a ve under the Danida support was in its incep on stage, tensions and hitch was being spo ed in several districts of the terai region like in Kapilbastu and Nawalparsi. The willingness for registra on among the common voters was not up to the mark. The protracted transi onal stage and poli cal manipula ons going on in the country were mainly responsible for ci zen’s apathy. Poten al voters from many clusters and communi es demonstrated only lukewarm response for registra on. Even the major poli cal par es did not seem ac ve in persuading the voters to par cipate in the registra on of their names. Also, the role of media and civil society organiza on did not seem very sa sfactory.
Making use of available resources and past experiences, NEOC had to put its best eff ort to observe and support the concerned stakeholders to deal with the underlying problems such as ci zenship, economic challenge, gender inequality and migra on that directly impact the VR process in the country. For that propose, NEOC had chosen 15 districts covering from mountain to terai and East to West in order to maintain holis c combina on. The facet of Demographic and geographical diversity was also taken into considera on while selec ng the districts.
This ini al fi nancial support laid a strong founda on to the VR and several lessons were learnt by NEOC which helped us devise smarter and more eff ec ve approach for community outreach in other similar projects developed a erward. The 45 trained observers have been very much instrumental not only in complemen ng the previous program but also in consolida ng the VR process through more eff ec ve interven on strategies. Observers were able to manage visits to many tradi onally marginalized clustered communi es as well as to the troubled spots par cularly in the terai districts to directly or indirectly mo vate them to par cipate in the VR process.
VR Observa on Report (June 2011- Mid July 2012) 11 Danida support even contributed to the increased public awareness of the VR process and thus saw more par cipa on of tradi onally marginalized communi es, tradi onally ‘grey’ locali es and clusters in those districts. The support also enabled the central secretariat to conduct monitoring missions in the districts helping to create tension-free environment to carry out the VR process. The monitoring played a vital role in facilita ng the VR process by enhancing eff orts to build consensus among skep cs and other forces that could hinder the process. Through this funding, NEOC also conducted several dialogues (both at the local and na onal levels) with the representa ves from the ECN, diff erent poli cal par es, poli cal scien sts, elec on experts, human rights advocates, lawyers, media personnel, youth, CSO representa ves and other stakeholders. In these mee ngs greatly assisted the NEOC to assess the accomplishments in the VR process and to come up with amicable solu ons to resolve the conten ous issues related to ci zenship.
Freedom of Elections:
Most important electoral issues in Nepal As Nepal made strides in its transi on from the violent insurgency and confl ict towards peace and reconcilia on in 2006, yet another transforma on is under way: the transforma on from capital centric unitary structure and rule towards inclusive poli cal pluralism, non-discriminatory democra c governance and power devolu on for eff ec ve realiza on of self-governance. Among various other key ingredients of this transforma on are the holding of historic elec ons of the Cons tuent Assembly and choosing and developing an appropriate electoral system based on the interna onal best prac ces. Besides strengthening the elec on process of the central government system, it is also equally important to conduct a separate study on the eff ec ve electoral model of the devolved government ins tu ons.
12 VR Observa on Report (June 2011- Mid July 2012) In fact, Nepalese people as a whole have a tremendous expecta on on representa on as a dividend of this historic transi on. Now more than ever, public debate is focusing on the features of an electoral system which can produce genuine accountability of the elected representa ves to their voters. The system should also meet the other criteria of fairness, inclusiveness and simplicity. The criterion of fairness is entrenched in the Interim Cons tu on, 2006 which has sought to devise an electoral system capable of accommoda ng the extensive demographic, ethnic, cultural, religious and social diversity of the country. Because, there is no denying the fact that a plural society needs develop an electoral system providing the adequate voice to all the segments of the society. It must therefore, make provision for the representa on, or perhaps even the over-representa on, of the hitherto marginalized and excluded minori es in some cases, at least for the me being.
Accordingly, a mixed-parallel electoral model combining the features of both the ‘fi rst-past-the-post’ (FPTP) and Propor onal representa on system (PR) was adopted during the historic Cons tu onal Assembly (CA) elec ons being held in 2007. The change in the electoral system with a bigger emphasis on the propor onality resulted in weakening of poli cal par es thereby promo ng regional and ethnicity oriented poli cs to some extent. Although power-sharing in the divided and post-confl ict society is considered as a signifi cant instrument to enhance reconcilia on. It is presumed that the process of democra c consolida on has increased, in addi on to the more fairer and propor onate representa on of hitherto to marginalized communi es and groups, electorate’s maturity and poli cal awareness as never before. Nepal witnessed this clearly during the last CA elec ons, which were based on a much more complex electoral system
In sum, development and adop on of the most viable and appropriate electoral model in the new cons tu on is the key issue
VR Observa on Report (June 2011- Mid July 2012) 13 of concern. The new model is expected to ensure representa on of the marginalized sec on of the society (women, dalit, people with disabili es, tradi onally disadvantaged groups etc.) in all ers of representa on at the federal structure of the state. In the mean me, arrangements for external vo ng is also the demand of the day since a huge propor on of Nepali voters are living abroad as migrant workers, students, temporary residents and diaspora community.
Exiting problems and challenges A vast majority of voters do not understand, or for that ma er does not care to know, the mathema cal intricacies of the various formulae adopted in the design of an electoral system. They just know how to use the system and they understand what the system will yield based on their input. For this reason, in designing an electoral system for Nepal a simple and appropriate electoral system based on features which can help to promote and consolidate democracy must be adopted. These features should require voters to become increasingly proac ve in the electoral process by empowering them to par cipate in the electoral process with greater electoral awareness. The electoral system should promote those quali es among the voters which will make them empowered and well-informed opinion makers. To this end, it is necessary that the electoral system assists in shi ing emphasis away from leaders, ideologies and rhetorical poli cal demagoguery, to focus instead on the basic bread - and - bu er issues that voters are really concerned about. In this way, the electoral system will have to be more par cipatory, transparent and func onal.
Currently, as the concept of the electoral model to fi t in within a viable federal state is s ll in an immature stage, it is impera ve to promote na onal debate to seek greater public par cipa on and input on the issue. The civil society actors, universi es, university students, trade unions, human rights groups, social
14 VR Observa on Report (June 2011- Mid July 2012) and professional organiza ons and all the other building blocks of society should be able to make their contribu ons in the issue. It is regre able that there has not been suffi cient exercise done in CA too, in spite of having enjoyed plenty of me and opportunity. The civil society groups are also required to make mely ar cula on of their inputs and interven on on the issue.
Most of the past elec ons have been marred with money, muscle and used to generate many discrepancies and irregulari es in the vo ng as well as in the coun ng process. Very o en;, the state media were accused of not playing a fair role in providing coverage to the contestants. Campaign fi nancing has been unchecked, excessive and rampant and in the event of viola on of the code of conduct, hardly anyone has been brought to jus ce. The electoral dispute resolu on process has not been eff ec ve, transparent and convincing. The incidences of threat, in mida on and mul ple/fl ying vo ng have been a common phenomenon in several instances. The overall electoral educa on program has not been eff ec ve in terms of community outreach and linguis c coverage and jus ce. In the absence of ci zenship cer fi cates, many eligible voters have not been able to get registered in the ongoing modern (with photograph and fi nger print) VR ini a ve undertaken by the ECN.
VR Observa on Report (June 2011- Mid July 2012) 15 Fig: Map of Nepal showing the Project Districts
16 VR Observa on Report (June 2011- Mid July 2012) National Election Observation Committee (NEOC) Organizational Profile
NEOC, a coali on consis ng of human rights groups, civil society organiza ons and dis nguished individuals, has come into being in pursuant to the values and principles of universal adult suff rage enshrined in the UDHR and ICCPR. NEOC coordinates elec on monitoring process in close coopera on with the ECN and other related governmental and non-governmental ins tu ons engaged in electoral educa on and observa on. The ac vi es of NEOC are designed not only to merely observe the actual polls but also to enhance systema c campaign to ensure free, fair, unrigged and peaceful elec ons in combina on with civic and voter educa on programs. It also advocates and lobbies for the freedom of elec ons as an integral part of human rights and democra c development.
NEOC is a founding member of ANFREL. NEOC serves in the organiza on’s Board of Directors since 2008 and has par cipated in many interna onal observa on missions. Currently, NEOC is also involved in dra ing an Asian Charter for Free and Fair Elec ons under the auspicious of ANFREL.
Mission and Vision: The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elec ons’- UDHR, Ar cle 21.
NEOC believes in the interna onally accepted principles of the freedom of elec ons based on the no on of universal suff rage. It urges that authori es need to take concrete and tangible steps to ensure free and fair elec ons by maintaining complete sanc ty of elec ons throughout the electoral cycles. NEOC calls upon the contes ng poli cal par es to end their complacent a tude
VR Observa on Report (June 2011- Mid July 2012) 17 towards elec on-related violence and act in full compliance with the electoral laws and direc ves. Apart from elec on observa on, NEOC is engaged as a democracy watch fl agship organiza on primarily focused on the study, training, advocacy and lobbying the development of an appropriate representa on model in the new cons tu on of Nepal and beyond.
The major ongoing ac vi es of the organiza on include: Elec on Monitoring: Research, educa on, advocacy, coordina on and publica ons
Elec on Observa on: Field audit, networking, repor ng and documenta on
Policy Dialogues: Public consulta ons, lobbying, social interac on on cons tu onal/legal/administra ve reforms
Democracy Watch: Field research, rights-based civic/voters' educa on, engagement with stakeholders, campaign, voter registra on observa on.
NEOC Management Chain
18 VR Observa on Report (June 2011- Mid July 2012) VR Observation In recogni on of NEOC’s me-tested engagement in ensuring freedom of elec ons, it is the only na onal organiza on accredited by the ECN for the observa on of the ongoing VR program in the country. NEOC has been observing the process to ensure that the registra on is inclusive – that is, accessible to all groups and categories of eligible ci zens and there is no bias against any iden fi able group. NEOC also intends to see that the residents of rural areas, people with low literacy levels, people who are economically challenged, migrants, minori es and people who face cultural biases against their par cipa on in poli cs and public aff airs get equal and unhindered opportunity in the VR process
Election Observation Elec on observa on is important because elec ons are the cornerstone of a democra c poli cal system. As such, observa on can assist process of democra c consolida on by ins lling domes c and interna onal legi macy to the system. Fair and peaceful elec ons can help to promote reconcilia on between the former adversaries. Where conten ous elec ons present fears of vote tampering and other irregulari es, the presence of elec on monitors may serve to prevent electoral malprac ces and give par es greater confi dence that the vote was free and fair. The key to achieving this outcome is the presence of monitors who are seen by all sides as neutral, professional and impar al. Observa on can enhance the credibility and legi macy of elec ons, thereby, helping to reduce electoral violence. It can help maintain a working peace agreement because losers lack the ability to shout “fraud!” and disrupt a country’s democra za on. One way in which monitors do this is by taking independent vote tallies, which prevents governments from manipula ng the vote. Even before this, some interna onal monitors are expected to arrive long before the vote to observe campaigning and VR eff orts. Thus, in the long-term, observa on can assist in building
VR Observa on Report (June 2011- Mid July 2012) 19 and strengthening domes c electoral ins tu ons as well the culture of free and fair elec ons.
Observation in Post-conflict Setting Post-confl ict society like Nepal is o en poorly equipped to conduct elec ons in a conducive atmosphere due to residue of violence, ac vi es of armed splinter groups and other social and poli cal factors. Despite a formal end of the decade-long Maoist insurgency, a signifi cant amount of violence and in mida on s ll appears to exist in the country. During the run up to the elec ons for the Cons tuent Assembly, NEOC observed the elec on in a more cau ous, careful, me culous and par cipatory manner. For this, NEOC recons tuted its ins tu onal set-up and carried out other necessary groundwork in a democra c, par cipatory and inclusive manner to enable it to undertake the challenge in a changed context. Mee ngs with civil society and poli cal party representa ves were organized to disseminate the message rela ng to the freedom of elec ons in diff erent parts of the country. NEOC closely observed and advocated for ensuring the freedom of elec ons by seeking fairness and transparency in electoral ac vity and raising popular awareness on the problem of electoral malprac ces, manipula ons, misuse of the state machinery and resources and the highhandedness of the powerful with money and muscle. The observa on of the elec ons for the CA was a giant endeavor—a synergy of challenge and opportunity. NEOC too, did not have any experience of observa on of elec ons of such nature. Obviously, the nature of elec ons for the CA remained quite diff erent from the conven onal system of parliamentary elec ons in the past.
It required vigorous exercise to understand the complexi es associated with the electoral process including the vo ng techniques as per the provisions of the new laws and direc ves issued by the ECN. NEOC closely looked into all dynamics related to the electoral process, Categorically, it monitored within its
20 VR Observa on Report (June 2011- Mid July 2012) jurisdic on various problems related to the administra on of the elec ons, selec on of candidates, poli cal fi nancing, the behavior of poli cal par es, ac vi es of the armed groups, cross- border crimes, and ways to ensure that voters were suffi ciently well informed in the en re electoral process.
General Objectives • To work as a coordina ng pla orm for harmoniza on of observa on ac vi es and liaising among both na onal and interna onal organiza ons engaged in elec on observa on; and • To closely observe all phases of elec on related procedure i.e. pre-elec on, Elec on Day and post-elec on ac vi es.
Specific Objectives The main objec ves of NEOC are as follows inter alia: • To observe whether everyone involved in the elec on is aware of the importance of making it is as fair and transparent as possible • To observe whether poli cal par es screen their candidates properly and off er candidature only to those with a clean background and those perceived as incorrup ble; • To observe whether the ECN has introduced transparent procedures that guarantee electoral impar ality at every stage of the process from the ini al registra on of voters to the fi nal coun ng of ballots and beyond; • To observe whether the media (both electronic and print) is free and fair in elec on repor ng; • To observe whether the security organs involved in maintaining law and order during the elec ons are independent, impar al and eff ec ve in carrying out their du es; • To observe whether the civic and voter’s educa on materials are precise, informa ve, eff ec ve and cohesive;
VR Observa on Report (June 2011- Mid July 2012) 21 • To observe whether the poli cal par es and candidates are ac ng in compliance with the Code of Conduct developed by ECN; and • To observe whether the electoral processes a truly an inclusive prac ce at all levels and stages of elec ons or not. NEOC launched these eff orts based on its me-tested prac cal experience of being involved in interna onal, na onal and local elec ons. NEOC has realized that it was easy for elec ons in Nepal to be manipulated by those with money and power as a way to further their own interests. NEOC, thus, concluded that there is a clear need for independent, eff ec ve and coordinated civil society eff orts to ensure the freedom of elec ons.
NEOC Composition and Partnership NEOC is a heterogonous rainbow coali on consis ng of all human rights groups, all sec on of civil society and dis nguished individuals working in the fi eld of elec on observa on for nearly 18years. It has come into being in pursuant to the values and principles of universal adult suff rage ’enshrined in the Universal Declara on of Human Rights (UDHR) and Interna onal Covenant on Civil and Poli cal Rights (ICCPR). NEOC was incepted to ensure the principals and norms as enshrined in the universal suff rage as guaranteed in the UDHR-1948 and the ICCPR.
NEOC undertakes elec on observa on process in close coordina on with Elec on Commission and other related governmental and non-governmental ins tu ons. The ac vi es of NEOC are more than merely observing the actual polls but rather all stages of electoral process so that it would contribute to ensure free, fair, unrigged and peaceful elec ons. NEOC is essen ally a rigorous and independent eff ort of civil society organiza ons to ensure that elec ons are as clean and fair as possible.
22 VR Observa on Report (June 2011- Mid July 2012) NEOC works in partnership with other na onal and interna onal ins tu ons having similar interest and scope. In the past, it has worked in close collabora on with UNEAS during the latest parliamentary elec ons in 1999. As a founding member of ANFREL, it has built up purposeful partnership with it for elec on observa on in the Asia-Pacifi c region. During the CA polls, NEOC also worked in close coordina on with the Electoral Division of the UNMIN, OHCHR, The Carter Centre, European Union Elec on Observa on Mission and other interna onal and na onal observers’ groups. NEOC also works in close partnership with other community-based NGOs who have rapidly expanded their work in democra c development and possess a number of advantages for erec ng strong pillars of democra c development.
Fundamental Values 1. NEOC believes in the values of free, fair and credible elec on for democra c development and consolida on. 2. NEOC strives for transparency, accountability, and inclusive par cipa on in all the processes, stages and phases of the elec on. 3. NEOC considers that observa on of elec on is a fundamental right of ci zenry thus, it welcomes emergence of other elec on observa on groups/ins tu ons. 4. NEOC believes in pulling together resources (goodwill/ ins tu onal/fi nancial) for the common cause and aspires for op mum, wise and economic use of resources to avoid overlapping and duplica on. 5. NEOC strives for ensuring the freedom of elec on to make the results of elec ons fully acceptable and respectable to all stakeholders including interna onal community.
Activity Focus Observa on of the en re electoral process (pre, during and post-elec on) is the core areas of interven on of NEOC. In this
VR Observa on Report (June 2011- Mid July 2012) 23 connec on, NEOC undertakes the following ac vi es in the elec on observa on process: 1. Forma on of ins tu onal mechanism at na onal, regional and district level 2. Rapport-building with key stakeholders of the elec on 3. Training (TOT) to observers at na onal/regional levels 4. Orienta on to district chapters and cons tuency groups 5. Produc on of necessary literature 6. Media outreach and documenta on of events 7. Organizing Eminent Persons’ fi eld visits/missions 8. Hos ng and coordina on of interna onal observers 9. Poll observa on at all booths level in coordina on with other groups 10. Report produc on (interim/comprehensive)
Selection of Observers NEOC’s primary cons tuency for the selec on of observers is human rights organiza ons, NGO alliances and federa ons as well as social and professional groups working at the fi eld level. Apart from these, NEOC has incorporated all interested independent, non-par san local NGOs, solidarity groups, social organiza ons, academics, legal experts and others to join the observa on process. Minimum criteria for the eligibility of observa on are chartered along with the adop on of a standard Code of Conduct. There has been immense support to NEOC’s mission from every sec on of the society. District chapters have been formed in all 75 districts along with six regional commi ees. The district chapters are delegated authority to recruit local observers who meet the standard criteria for selec on based on Code of Conduct as promulgated by NEOC Central Execu ve Commi ee.
NEOC Campaign on VR Observation The ECN has developed a new VR system, a modern registra on process with photographs and biometric informa on in order to
24 VR Observa on Report (June 2011- Mid July 2012) make the voter list more accurate by removing any possibility of duplica on. The system allows all eligible Nepali ci zens to be registered by digitally capturing their photo, fi ngerprints and signature. This would be the fi rst me in ECN´s history that offi cials would meet every adult ci zen before registering them as voters. On this ground NEOC has been me culously observing every step in VR process. It is the only civil society group in Nepal being accredited by the ECN to observe the process.
The registra on process had been obstructed on a number of occasions in previous months where Madhes-based par es and Limbuwan Muk Morcha objected to registra on in the voter list on the basis of ci zenship. In the mean me, the poli cal par es seem to be too occupied in other ac vi es like cons tu on making and peace talks thereby off ering too limited coopera on for the successful accomplishment of this ini a ve.
The objec ves behind observa on of the ongoing VR programs are: • To observe the detail procedure of “VR with Photograph” program and its eff ec veness; • To observe the ECN's work on safety and accuracy of the registra on data collected in the sites, its full aggrega on and transfer and fi nal list publica on therea er; and • To contribute in crea ng a facilita ng environment for any complains and grievances from the voters.
Beginning June 2011, NEOC began its na onwide VR observa on campaign in fi nancial assistance with the DanidaHUGOU. NEOC had observed the VR Process in all its phases. The observa on had been carried out in 15 districts based on geographical region and target groups’ criteria. The geographical region of each district is inclusive of at least one municipality- sub or metropolitan and two VDCs, both remote and urban. The village or tole with a majority
VR Observa on Report (June 2011- Mid July 2012) 25 of the following target group is also inclusive in the geographical criteria. The major target groups under the project were the law and policy-makers both at local and na onal levels, including the EMB. They include parliamentarians, poli cal party leaders, party cadres, their supporters, civil society organiza ons, and academia and so on. The key benefi ciaries of the project were general public who got ample opportunity to share their views in terms of determining the appropriate VR process. Special a en on was being given during the observa on on the par cipa on of the marginalized, janaja s, socially excluded, minori es, women, dalits and people with disabili es.
The current VR process demands to address some of the key issues of concern to ensure a fair, complete, impar al and eff ec ve registra on process. In the context of Nepal's ongoing VR ini a ve, NEOC is closely examining the following issues: • The procedures being followed by ECN staff at all phases and stages of VR • The feedback and impression from the respondents (voters/general public/social Mobilizer) • The role of poli cal par es and other stakeholders towards extending coopera on and facilita ng the VR process • Eff ec veness of VR educa on especially among illiterate and underprivileged popula on • Accessibility of the eligible voters to the VR process specially in the rural and far-fl ung areas • The level of par cipa on of women and tradi onally marginalized sec on in the registra on process • Willingness and enthusiasm of voters especially youth popula on in volunteering for registra on • Registra on of all absentee voters especially those who are abroad as overseas labor migrants • General percep on and degree of acceptance of public with regards to the fi nal list publica ons
26 VR Observa on Report (June 2011- Mid July 2012) Section-I VR: Critical Dynamics
1. Outline
A. Why VR VR is an important tool to determine voter eligibility, to ensure that only those voters who are eligible can vote. The following are the key components of VR from both the upside and downside perspec ves: • Par cipa on • Transparency • Planning • Delimita on • De-facto iden ty document • Fraud mi ga on • Voter educa on • Cost • Time
Understanding VR Data Flow
VR Observa on Report (June 2011- Mid July 2012) 27 There are various forms of VR typology in terms of ming and the methods. They can be defi ned in the following ways: • Periodic • Con nuous • Extract from Civil Registry or similar
Generally in the periodic VR system, the previous voter lists are abandoned and a fresh registra on before each major electoral event is ensured. Such system is regarded as rela vely expensive and problema c if the electoral calendar is fl exible or unpredictable. It is advantageous too in terms of accuracy and “freshness”.
On the other hand, the con nuous registra on process is conducted by establishing local or district offi ces where ongoing fresh registra on and updates are facilitated by the EMBs. Some countries tend to prac se annual revision whereas others do in diff erent me spacing. Through this system, liaison with other agencies or government bodies for data sharing is possible and in theory, the EMB becomes ready at short no ce for elec ons, if necessitated. It is also believed to off er cost advantages.
Accordingly, VR from civil registry is popular in many countries – typically where mature and eff ec ve civil registry exists. Such method is perceived as cost-eff ec ve – but perhaps this is an EMB-centric view. Nevertheless, there are technical challenges (cri cally, assignment of ci zen to polling sta on), including challenges of accuracy, completeness, uniqueness added with poli cally sensi veness.
B. VR Update Strategies Generally in the periodic VR system, the previous voter lists are abandoned and a fresh registra on is made before each major electoral event takes place. Such system is regarded as rela vely expensive and problema c if the electoral calendar is fl exible or
28 VR Observa on Report (June 2011- Mid July 2012) unpredictable. It is advantageous too in terms of accuracy and “freshness”.
Some of the key issues of concern on VR update strategies are as under: • Con nuous registra on, considered the an dote to the problem, is not cheap or easy. • If the volume of transac ons annually does not correlate to demographic shi s [where known – deaths, births (16 years ago), migra on] con nuous registra on may not keep pace. • Establishing and staffi ng a na onwide infrastructure is expensive. • Frequently, “con nuous registra on” is in name only – formally off ered, but poorly resourced. • When next electoral event looms, VR can become controversial.
C. VR - Beyond the Number Game a. Principle of Equal Access (Justice) • The right to vote at elec ons and referendums must be established by law. • The grounds for depriva on of suff rage should be objec ve and reasonable. • A minimum age limit is a reasonable restric on. • Independently established mental incapacity is a ground for denying a person the right to vote. • It is unreasonable to restrict the right to vote on the ground of physical disability or to impose literacy, educa onal or property requirements. • Party membership should neither be a condi on of eligibility to vote nor a ground of disqualifi ca on. • If convic on for an off ence is a basis for suspending the right to vote, the period of such suspension should be propor onate to the off ence and the sentence.
VR Observa on Report (June 2011- Mid July 2012) 29 • Persons who are deprived of liberty but who have not been convicted should not be excluded from exercising the right to vote. b. Principle of Equal Opportunity (Fairness) • Civil and poli cal rights are to be respected without dis nc on of any kind, such as race, color, sex, language, religion, poli cal or other opinion, na onal or social origin, property, birth or other status. • There are consistent legal provisions governing eligibility with respect to ci zenship, age residence and temporary absence. • The established age of majority (usually 18) is the minimum age for vo ng. • Suspension of the right to vote for persons convicted of an off ence should occur on excep onal grounds only and in propor on to the nature or gravity of the off ence. c. Significance of the Voter Register • The registra on of voters should enable eligible ci zens to exercise their right to vote on Elec on Day. • Developing and maintaining an accurate voter register and producing reliable voter lists for each polling sta on can be extremely complex. • The accuracy and completeness of the voter register is of cri cal importance, as non-registra on prevents ci zens from enjoying their right to vote and therefore inhibits universality suff rage. d. Creating the Voter Register • The procedures in place should ensure that all eligible electors are able to vote • It must be ensured that only eligible electors are able to vote
30 VR Observa on Report (June 2011- Mid July 2012) • Adequate measures are taken to prevent mul ple registra on that could lead to mul ple vo ng • Procedures should also be in place to ensure the removal of the names of deceased persons and the inclusion of newly eligible voters. e. Procedures for VR • VR procedures should be clearly s pulated in law. • The registra on process should be secure and reliable. • Where ci zens are registered to vote in their place of current residence, defi ni ons of residence (such as a dis nc on between permanent and temporary residence) need to be clear. • The voter register does not need to include personal data other than that which is required to iden fy a voter and establish eligibility. • Any requirement for addi onal informa on, such as ethnicity, creates scope for discrimina on. • Suff rage for minori es and IDPs should be guaranteed. • Issues related to the legal status of non-ci zens should be considered, if signifi cant sec ons of the resident popula on are excluded from ci zenship and therefore from vo ng. • Where suff rage is permi ed to ci zens who reside outside of the country, opportuni es should be provided to them to enable them to vote, especially in the case of refugees from that country. f. Ensuring Public Confidence • The public should have confi dence in the accuracy of the voter register. • The authori es should ensure that the preliminary and fi nal voter registers are published, and that copies are available for public inspec on to allow checks for inaccuracies and omissions.
VR Observa on Report (June 2011- Mid July 2012) 31 • Poli cal par es, in par cular, should have an opportunity to access the full voter register. • Where there are strong allega ons or evidence of exclusion, inconsistencies and inaccuracies in the voter register, the authori es should take construc ve and transparent steps to improve its quality. g. Challenges to the VR • There should be eff ec ve administra ve or judicial procedures that provide stakeholders with the opportunity to challenge irregulari es in the voter register • This also includes the exclusion of eligible electors, to correct errors in the register or to seek the removal of any ineligible persons. • All complaints rela ng to VR should be resolved within a reasonable meframe prior to Elec on Day. h. Ensuring Universal Suffrage • States must take eff ec ve measures to ensure that all persons en tled to vote are able to exercise that right. • Where registra on of voters is required, it should be facilitated and obstacles to such registra on should not be imposed. If residence requirements apply to registra on, they must be reasonable, and should not be imposed in such a way as to exclude the homeless from the right to vote. • There should be no fees, taxes or other costs related to ci zens being registered to vote. • Persons must not be registered more than once or in more than one loca on (the principle of one person, one vote). • There should be consistent legal provisions for the method of registra on, registra on metable, and
32 VR Observa on Report (June 2011- Mid July 2012) documenta on to prove eligibility, registra on forms and the format of the register. • The voter register should be suffi ciently recent to allow for newly eligible voters to be included and recently deceased persons to have been removed. • Where there is ac ve registra on, there is an eff ec ve voter educa on campaign and the method of registra on is simple and accessible. • A preliminary voter register is made available for public inspec on to ensure voters can confi rm their inclusion and its accuracy can be assessed before it is fi nalized. • Relevant extracts from the preliminary voter register are posted at polling sta ons or other convenient loca ons. • The voter register is computerized to avoid duplicate entries. • Poli cal par es are able to access copies of the voter register. • The number of registered voters is published in advance of the elec on and that number is broken down to diff erent levels, including by polling sta on. • There is a right to challenge any inaccuracies or omissions in the voter register. • Correc ons should be made through a simple but secure procedure. • VR should be intensifi ed for groups less likely to be registered (e.g., fi rst- me voters, women, minori es, etc). i. Key Questions for Consideration • Are the VR procedures detailed in law? • Are restric ons on registra on (such as on residence) reasonable? • Does the procedural framework provide the opportunity for all eligible ci zens to be registered as voters? • Are there suitable measures to include newly-eligible
VR Observa on Report (June 2011- Mid July 2012) 33 voters, prevent mul ple entries, and remove the names of ineligible or deceased persons? • Is there verifi able evidence that eligible voters are not registered, or that ineligible voters are registered? If so, are these isolated instances or do they cons tute a pa ern? • Is there an eff ec ve civic educa on campaign launched for VR? • Is the preliminary voter register/list available for public inspec on? • Are eff ec ve opportuni es and remedies available for iden fi ed inaccuracies and omissions to be corrected? • Is data on the number of registered voters published? • Is data broken down regionally, and if so, to what level? • Are women and men registered in numbers propor onal to their share of the popula on? If not, why not? • Are minori es registered in numbers propor onal to their share of the popula on? If not, why not? • Where applicable, are eff ec ve measures in place to ensure registra on of IDPs? • Where applicable, are eff ec ve out-of-country registra on procedures in place to ensure registra on of expatriate ci zens, including refugees? j. Supplementary Questions • What is the turn out ra o for VR? • Why have poten al voters not been registered? • Are the registra on mo va ng people to acquire ci zenship cer fi cate? • Is the concerned authority facilita ng to acquire ci zenship cer fi cate? • How is the con nua on of registra on carried out? • How are temporary residents registered? • Is universal and non-discriminatory suff rage provided for by law?
34 VR Observa on Report (June 2011- Mid July 2012) • If universal and non-discriminatory suff rage is provided for by law but suff rage is not de facto universally enjoyed, what are the reasons for this? • Are all legal exclusions and /or restric ons on the right to suff rage reasonable? • Are there consistent legal provisions governing eligibility to vote? • Is there an opportunity for appeal to redress grievances?
2. Facts, Concept and Activities
A. General Overview of VR Process It is widely accepted that elec ons are a crucial ingredient of democra c transforma on. The value of an elec on to a democracy is either enhanced or reduced depending on the nature of the electoral system being used. Whereas, an elec on is basically a process of choosing leaders, an electoral system is a method or instrument of expressing that choice and transla ng votes into parliamentary seats. Elec ons take place on the basis of certain accepted procedures, rules and modali es that are peculiar to individual countries. There is a combina on of the legal and the ins tu onal framework necessary for elec ons. The legal and ins tu onal set-up is commonly referred to as the administra ve system of elec ons. The management and administra on of elec ons is commonly the responsibility of the EMBs.
The right of all adult ci zens to par cipate in the aff airs of their government is one of the cornerstones of democracy. Perhaps the most fundamental form of par cipa on is vo ng in free and fair elec ons. For ci zens to exercise their democra c right to vote there must be a comprehensive and inclusive electoral register, also called a voters list; and this must be carefully maintained to ensure that each eligible ci zen is registered to vote once and
VR Observa on Report (June 2011- Mid July 2012) 35 only once. A voters list makes it possible to separate two of the most important func ons of the elec on authority: verifying voter eligibility and controlling the legi macy of the ballo ng process. The list may also be used in voter educa on, and may be provided to poli cal par es and candidates to aid them in their campaigns. While elec ons may proceed without it, a voters list off ers advantages that readily jus fy its use.
By confi rming that voters have met all eligibility requirements, a credible voters' list helps confer legi macy on the electoral process. Conversely, the legi macy of the process will immediately be called into ques on if there are problems with VR, and par cularly with the integrity of the voters list. VR therefore is one of the most important tasks of elec on administra on.
B. Understanding Guiding Principles of VR VR is the process of verifying poten al voters, and entering their names and other substan a ng informa on on a voters list. For registra on to be fair, comprehensive and inclusive, poten al voters must be aware of the registra on process and have reasonable opportunity to complete it. Voter educa on campaigns foster the necessary awareness by emphasizing the importance of registra on, explaining ci zens’ responsibili es in becoming registered, and presen ng informa on on how to complete the registra on process.
Registra on must be inclusive – that is, accessible to all groups and categories of eligible ci zens. There should be no systemic bias against any iden fi able group. However, social or economic status makes registra on more diffi cult for some ci zens, such as residents of rural areas, people with low literacy levels, people who are economically disenfranchised or homeless and people who face cultural biases against their par cipa on in poli cs and public aff airs (e.g. women)
36 VR Observa on Report (June 2011- Mid July 2012) Special measures may be required to break down barriers and make the registra on system truly open to these groups, enabling them to take part in the democra c process. Electoral exclusion works through formal as well as informal mechanisms; dealing with them takes bonafi de eff orts on the part of electoral administrators.
C. Auditing Issues of Critical Concern
Avoiding VR Fraud Voter registra on is one of the stages at which there are ample opportuni es to manipulate elec on results. For this reason special eff orts should be made to ensure that the voters list is accurate and reliable. Accuracy in this case means that all eligible voters are listed, they are listed only once, and only eligible persons are listed. Crea ng and maintaining an accurate voters list requires safeguards and a system of checks and balances. It is vital to keep lists up to date, and to eliminate duplicate registra ons and names of voters who have moved out of the electoral district. Equally cri cal to maintaining electoral integrity is close monitoring and enforcement of VR provisions in the legisla on.
Ensuring Only Eligible Voters Register Poli cal par es and candidates o en go to great lengths to ensure that their supporters register to vote. They may off er incen ves, such as transporta on to registra on sites or promises of benefi ts for the area should they win the elec on. Some par es and candidates go so far as to encourage people to register in an electoral district where they do not reside, or to register even if they are not eligible to vote. Some persons who are not ci zens or are under age may try to register. Others may try to register more than once. Most systems deter and prevent such abuses by requiring
VR Observa on Report (June 2011- Mid July 2012) 37 proof of iden ty or ci zenship; this is par cularly common in countries with a lack of trust in the electoral process or a history of voter fraud. However, integrity may be at risk if the need to prove iden ty becomes so burdensome that it turns away poten al voters. These problems can be avoided by requiring voters to show documents that they may already have or that are easily available, such as a na onal ID card, birth cer fi cate or passport. There should also be alterna ves for people whose papers were destroyed in war or never issued by the government.
VR Cards and Accuracy of Lists Since voters' list is used on Elec on Day to determine who can vote, the list must be accurate and protected against any tampering. Along with recording names on the list, some systems issue a card to each voter on registra on. The card proves that the person has applied to register and that the applica on has been accepted. The voter must produce this card at the polls in order to vote.
Voter cards must have security features deterring unauthorized use or forgery to maintain integrity safeguard. For example, serial numbers may enable electoral administrators to track cards. If registra on fraud is a major problem, special paper may be used to make the cards more diffi cult to forge. In some systems, the card bears the voter’s digital fi ngerprints or photograph, and these also appear on the voters list. Voters' lists should also be numbered in sequence so that electoral authori es can track them and check whether any are missing. Lists may be produced in duplicate or triplicate, with one copy for the local elec on offi ce, another for the regional offi ce and a third for the na onal offi ce, as applicable. This prac ce can deter internal
38 VR Observa on Report (June 2011- Mid July 2012) tampering, such as unlawfully adding or removing names, since it would be hard to make the same changes to each copy of the list.
Enforcing Registration Law Enforcement of registra on rules and an -fraud provisions helps maintain a clean and accurate voters list. In almost every electoral system, it is illegal to falsify voters' lists. VR establishes the eligibility of individuals to cast a ballot. As one of the more costly, me-consuming and complex aspects of the electoral process, it o en accounts for a considerable por on of the budget, staff me and resources of an elec on authority. If conducted well, VR confers legi macy on the process. If the registra on system is fl awed, the en re process may be perceived as illegi mate.
Political Equality and Inclusiveness Electoral registers support democra c principles by fostering poli cal equality for all ci zens and ac vely promo ng the inclusion of eligible voters in the elec on process. Diff erences arise over how much eff ort elec on authori es should make to register voters from groups that historically have lower-than-average levels of registra on and voter turnout – for example, women, members of visible and ethnic minori es, the poor, and youth. It is essen al to try to develop focused and targeted registra on campaigns to increase the par cipa on of these groups through a more passive approach: offi cials should make it equally possible for all individuals to register and vote, but must not seek to increase the registra on of any par cular group. For a system to be considered democra c and representa ve, it must provide equal opportunity to par cipate through an inclusive VR process.
VR Observa on Report (June 2011- Mid July 2012) 39 VR: key concerns 1. Propor on of the vo ng age popula on is registered to vote 2. Freedom of VR from serious bias based on gender, age, ethnic or religious affi lia on, or region 3. Opportunity for qualifi ed people to be registered with a minimum of inconvenience 4. Existence of appropriate mechanisms for ensuring that informa on in the register is accurate 5. Availability of appropriate mechanisms for ensuring that the public can have confi dence in the register 6. Fair and reasonable criteria for registra on and compliant with accepted interna onal standards
3. Project Objectives
A. The project envisioned the following objectives: • To observe the detail procedure of “Voter Registra on with Photograph” program and ensure for its eff ec veness. • To examine the lapses, weaknesses of the past voters registra on system in light of current method and ensure fair, inclusive and appropriate registra on. • To ensure the safety and accuracy of the registra on data collected in the sites, its full aggrega on and transfer via CD and servers to the ECN in Kathmandu, and fi nal list publica on therea er. • To contribute in crea ng a facilita ng environment for any complains and grievances from the voters.
B. Assigned Activities and Indicators for these objectives: Ac vity1: In-depth orienta on to the observers and fi eld monitors giving special focus on procedure, enumera on, documenta on and eligibility for VR while working in the fi eld.
40 VR Observa on Report (June 2011- Mid July 2012) Indicator: Produc on of host of trained monitors in an inclusive basis capable of dealing with every kind of situa on in an independent manner concerned so far.
Ac vity 2: Independent observa on and fi eld monitoring of the registra on ac vi es in all the sampled registra on sites during the regular process of data collec on by the ECN staff s.
Indicator: II. Prepara on of an observa on – based work sheet regarding enumera on and registra on turnout fi gures with the right procedure being followed. III. A clear cut picture on coopera on level regarding the role of poli cal par es and other stake holders is shown governing bodies and the general public. IV. Decrease obstruc on of the voter registra on process by the poli cal par es and other stake holders. V. The current phase (Na onwide Registra on) of registra on showing ri , tension and ambiguity among the claimholders will be reduced/ resolved. VI. Posi ve increase in the registra on accompanied with mee ng of targets by most of the enumerators. VII. Studied the aggrega on process of the collected data and its transfer via CD and server to the ECN in Kathmandu. VIII. Finally, progress made on VR is analyzed.
Ac vity 3: Field monitoring and evalua on including con nua on of Voters registra on process, independent observa on, voters’ percep ons and expecta ons around voters’ registra on.
Indicator: I. Analyzed the eff ec veness of VR Educa on and the accessibility of voters for registra on.
VR Observa on Report (June 2011- Mid July 2012) 41 II. Informed government bodies especially ECN regarding the degree of successfulness of VR Educa on Tools exercised so far. III. Reasons behind the low registra on associated with diffi cul es of Voters for registra on is analyzed.
4. Program Cycle The ongoing voters’ registra on process comprises of fi ve phases for complete, fair and eff ec ve registra on.
Fig: Program Cycle of Voters Registra on Process depic ng diff erent phases
5. Program Implementation and Results
Regional Level Training NEOC mobilized the resource persons to carry out a two day orienta on program (i.e. regional level training) in fi ve development regions for 45 observers to inform,
42 VR Observa on Report (June 2011- Mid July 2012) facilitate and orient them on the VR process. This was mainly done through various tools and techniques such as brainstorming, lectures, presenta on, ice-breakers, group discussions, demonstra on, ques on and answer methods. The resource persons have carried a set of ques ons with objec ve answers named VR Observa on Ques onnaire Sheet (Sample of which is a ached in Annex-5) developed already at the central offi ce. They briefed the observers about way/method of fi lling up the ques onnaire during the observa on process.
Geographical Regions and Target Groups Certain mandatory target groups that have to be incorporated while carrying out observa on of VR based on: Geographical Region- to be covered Municipality, Sub-Metropolitan and Metropolitan of the related district At least one extremely far-fl ung VDC and one urbanized city of the concerned districts Target Groups- to be included Target groups comprise of indigenous, janaja s, dalits, socially excluded, minority communi es, women, back warded, marginalized and the disabled. Observa on in the villages or se lements in the VDC comprising of rela vely high density of above men oned groups Group discussions, interviews and door to door household inquiry with concerned stakeholders related with the electoral ac vity was expected 50% women inclusion is needed during the interviews and group discussions during VR observa on process.
VR Observa on Report (June 2011- Mid July 2012) 43 6. Related Case Studies
District- Sindhupalchowk -Duplication in VR Form Numbers The number in the VR form has been found repeated on several instances. The same number appears in more than two forms and accordingly there are two or more names of voters registered in the same numbered form. Though the registra on centers have cancelled the same numbered form in one of the centres, others are not aware of such repe on and thus problems have arisen. Such problems are found to be more than 500 instances in Sindhupalchowk district only whereas it is even more in Kavre with 928 duplica ons. These are only examples and it is known that such problem persists in other districts as well. These duplica ons have been surfaced due to negligence or technical error during the prin ng process. District – Kaski - Voter Registration Reduces to 48 Percent in Kaski (July 27, 2011): The percentage of the voters coming for the VR decreased to 48% in comparison to the CA elec ons and the by-elec ons. According to the data provided by the Kaski DEO, earlier, there were 3, 16,000 voters whereas the number of voters this me has reduced to 1, 65,000.
The reasons for the decline in the number of people coming for the VR is assumed among others due to 1) seasonal migra on to other countries for work, 2) people with disability not being able to come to the VR centers, 3) lack of disability friendly centers, 4) internal migra on due to marriages and urbaniza on, 5) lack of mo va on by the representa ves of the poli cal par es, and 6) understanding that VR is only to give vote and not being aware that the VR card in the future will be the next na onal iden ty card.
44 VR Observa on Report (June 2011- Mid July 2012) The ECN ini ated voter registra on in 2067 August/ September in Kaski Metropolitan and from 2068 February in the VDCs. The ECN has completed the voter registra on in Kaski and compiled the data of the voters.
- Lack of identity paper leads to deprivation of Voter Registration process (August 15, 2011): A large number of sexual minori es (third gender) has been deprived of registering in the VR Process with photograph conducted by the ECN.
There are various factors contribu ng towards the depriva on such as lack of iden ty documents (men oning the third gender), inaccessibility of informa on in the rural areas along with lack of proper awareness programs about VR. In the district only two third genders namely Raju Thakali (received ci zenship under a female gender) from Pokhara and Bishnu Adhikari (received ci zenship under a male gender) from Dhikurpokhari have admi ed them in the VR process.
In Pokhara, 'Naulo Bihani' (a third gender and homosexual, region-based organiza on) which comprises of 200 to 300 third gender and homosexuals have originally received ci zenship under a male or female gender. Nevertheless, under this criterion they are not deprived from the VR process. However, their demand is that for those who have already received the ci zenship under the male/female gender and for those who have not yet taken the ci zenship should be provided with a ci zenship under the third gender criteria.
In the district, there is no provision of receiving a ci zenship under the third gender and without ci zenship one cannot take part in the current VR process which is why they have been deprived from the process.
VR Observa on Report (June 2011- Mid July 2012) 45 District-Kapilvastu - Protests by Madhesh-based parties disrupt voter registration process (August 11, 2011): While most of the districts have undergone voter registra on process, disrup ons by Madesh-based par es in Kapilvastu has halted the voter registra on in the region.
In the VR process in Magh 2067 in cons tuency number one situated in Banganga VDC, various leaders of Madesh based par es and members under a group led by Madeshi Jana Adhikar Forum added names of the people who were of age to register, in the voter list prepared in the year 2064 for the Cons tuent Assembly elec ons. Their demand was to prepare a voter card according to the list they prepared; moreover the children with the honorary ci zenship should receive birth right ci zenship whereas those with the birth right ci zenship should receive the acquired ci zenship.
Similarly, on May 24, 2011 the VR process was brought to a stands ll due to the threats by the Madesh based poli cal par es in Hariharpur and Buddhi VDC respec vely. The same poli cal party caused hindrance in Patna VDC on June 9, 2011 when the data collectors were in the process of registering names. The party cadres seized the voter list and materials but returned them a er three days on the condi on that the data collec on would not proceed un l their demand was fulfi lled.
Out of fi ve cons tuencies, 77 VDCs and one municipality only fi ve VDCs and a few wards have gone through the VR process whereas the rest VDCs are disrupted by the Madesh based poli cal par es. However, the process is taking place in the DAO for the government offi cials, army and police. Among the Terai- Madesh region, such kind of disrup ons was ini ally started from Kapilvastu district.
46 VR Observa on Report (June 2011- Mid July 2012) Mostly, Madeshis, Pahadis along with Tharus reside in Banganga, Hariharpur and Buddhi VDCs. There is a strong hold of Madesh based par es along with Nepali Congress and CPN Maoists in the majority of Madeshi communi es and the la er par es have given their consent towards the Madesh based par es on this issue.
- Obstruction by Madhes centered parties caused postponement of VR in Kapilbastu In Chanai VDC which falls under cons tuency no. 4 of Kapilbastu, the VR process was going smoothly as in other places of the district un l Kar k 28, 2068 (Nov. 14, 2011) when a group of 200 to 250 people comprising of local leaders and cadres of Madhesi Jan Adhikar Forum and Tarai Madhes Loktantrik Party, surrounded the registra on center and made slogan saying ‘not to fi ll up the forms’ grabbed all the forms and important papers present at the me from the enumerator Chetram Chauhan- a teacher; and had totally obstructed the registra on process.
Similary, in the same day, the leaders and the workers of those par es had obstructed the registra on process in Birpur VDC that falls under cons tuency no. 5 of Kapilbastu with earlier acts like shou ng slogan and force fully taking away the forms and other important papers from the ECN offi cials there.
The demand like registra on should be done as per the voter list of 2063, children ge ng ci zenship by their birth should get ci zenship by blood rela onship, and foreign married women should get registered as per the their marriage cer fi cate; were some of the reasons for their obstruc on. But, a er the consensus made on the a ernoon of the same day between the DAO, DEO-Kapilbastu and local poli cal par es; Madhesi Jan Adhikar Forum cadres returned all
VR Observa on Report (June 2011- Mid July 2012) 47 the forms and important papers back to the ECN offi cials; however Tarai Madhes Loktantrik Party informed that registra on process will remain closed un l the problem of ci zenship is se led. In the similar manner, Law and Jus ce Minister, Brijesh Kumar Gupta, on the inaugura on ceremony of newly erected building of Kapilbastu Municipality Offi ce in Kar k 29, 2068 (Nov. 15, 2011) had said that, the VR process will remained postponed un l the problem related to ci zenship is resolved, as per our party’s decision. These days the registra on process has remained closed in those VDCs.
District-Dhankuta - Voter Registration process disrupted by Federal Limbuwan State Council Dhankuta (August 12, 2011): The VR process in Dhankuta has come to a halt due to disrup ons by the Federal Limbuwan State Council.
During the VR process in Dhankuta municipality ward 5, 6 and 9 on 15 Asoj 2067, the process was disrupted since the Council members forcefully seized the web camera being used to take photographs for the VR along with several registra on forms from the venue and the seized items were recovered in the presence of Dhankuta Federa on of Journalists a er a month.
The Council caused disrup ons to halt the VR process un l the following demands were met such as there is no point in carrying out the registra on since the cons tu on has not yet been wri en and, the data collec on process should be stopped, the voter list should be published 30 days before the announcement of elec on day, announcement of federalism should be the fi rst priority and the voter card should also comprise of the caste iden fi ca on.
48 VR Observa on Report (June 2011- Mid July 2012) The VR process in the VDC level began from 25 January 2011, and it was on 3 May 2011 the council members disrupted the registra on process in Jitpur VDC where they seized 600 registra on forms due to which the process was halted. Till date the seized forms have not been returned.
On 9 May 2011, in Tankhuwa VDC ward no. 5, the registra on process being carried out in Damodar School was disrupted by the Council members and in the process two laptops, registra on forms along with other important documents were forcefully seized and thus the process could not go further. Similarly, disrup ons con nued in Parwadin and Teliya VDCs and the process have been halted.
On 29 May 2011, agreement between the elec on commission and the Federal Limbuwan Council members took place a er which only two seized laptops from Tankhuwa VDC was returned whereas other registra on forms and documents were not returned as it was claimed to be lost. The agreement led to the ini a on of VR process on 7 and 8 June 2011 in Dhankuta and the complete data has been provided to the ECN.
District-Salyan - Badi community deprived of VR Process Salyan (15 August 2011): Lack of ci zenship has deprived 12 men and women of Shan nagar, Khalanga-1 of the Badi community.
A year ago, DAO with the aim to enable Badi people to benefi t from the government facili es provided an iden ty card to 162 men and women; however this card was not valid during the process of making ci zenship. Despite hardship 150 of them were able to get the ci zenship cer fi cate while 12 failed to do so. Due to the lack of informa on about
VR Observa on Report (June 2011- Mid July 2012) 49 paternity of the person concerned, the problem of making the ci zenship is on the rise.
According to Mira Badi of Khalanga-1 Sha nagar, due to the lack of ci zenship the Badi people are deprived of the basic facili es, support and vo ng right that a ci zen should receive. In Khalanga-1 Shan nagar, there are a total of 29 households of Badi Community. There are two cons tuencies and 46 VDCs in Salyan.
50 VR Observa on Report (June 2011- Mid July 2012) Section – II Observation Statistics
NEOC had collected opinions/informa on from general public mobilizing 45 observers in 15 districts in the period of June 2011 to mid-July 2012. To accumulate the opinions, NEOC selected the districts on the basis of demography and geographical diversity. NEOC developed the checklist (including pre-tested ques onnaires) and conducted two stages of trainings. In fi rst stage, a two day long TOT was organized at the NEOC Secretariat offi ce, Kathmandu and in second stage the TOT par cipants conducted orienta on programs in all fi ve regions (six regions as per the NEOC's division) for 45 local observers. These observers communicated with around 2111 people (respondents) in- person to collect their view individually and in groups following purposive sampling methods.
In order to make the locals' representa on more inclusive, NEOC had developed clauses which strictly speaks that- the respondent should cons tute at least fi y percent female and inclusiveness of all ethnic groups should be maintained while fi lling up the ques onnaire by observers. The observa on audit used a face to face interview method with key stakeholders in the communi es using strict procedures in order to ensure the quality of the acquired percep on data from the general public. The observers were required to visit: a) urban centers b) remotest part of the districts and c) clusters and communi es largely dominated by tradi onally marginalized sec ons and groups of the popula on.
The ques onnaire has been divided into two parts: the fi rst parts was commi ed to Situa on of Voter Registra on and second on Voters Eligibility and Benchmarks. The ques onnaire contains altogether 32 ques ons (16 ques ons in each part) which were
VR Observa on Report (June 2011- Mid July 2012) 51 slightly modifi ed (at later stage) analyzing the shortcomings in the previous set. While collec ng the informa on from the respondents, observers need to fi ll an addi onal page highligh ng special comments and/or sugges ons from respondents along. A er collec ng the data, it has been archived in SPSS database so ware and calculated averages on the basis of diff erent variable based on the ques ons in the ques onnaire. Also, in order to test its signifi cance chi-square test was also applied. (Note: Some parts of data presenta on encounter negligible errors)
The data from the fi lled up ques onnaires collected from diff erent corners of the project districts emerged the following sta s cs.
A. Numbers of Ques onnaire forms fi lled up: (i) Region-wise: Frequency Percent Eastern 451 21.4
Central 407 19.3
Kathmandu Valley 58 2.7
Western 395 18.7
Mid Western 625 29.6
Far Western 174 8.2
Total 2111 100.0
(ii) District-wise: Districts Frequency Percent Bara 82 3.9 Bardia 184 8.7 Dadeldhura 89 4.2 Darchula 12 .6 Dhankuta 138 6.5 Humla 12 .6
52 VR Observa on Report (June 2011- Mid July 2012) Kailali 74 3.5 Kapilbastu 310 14.7 Kaski 87 4.1 Lalitpur 49 2.3 Mustang 93 4.4 Salyan 340 16.1 Saptari 155 7.3 Sindhupalchok 341 16.2 Taplejung 145 6.9 Total 2111 100.0
B. Numbers of Ques onnaire forms fi lled up by individual observers: S.No. Observers Frequency Percent 1. Anita Oli 85 4.0 2. Arjun Gurung 46 2.2 3. Asmita Dhakal 166 7.9 4. Bhanu Bhakta Bhattarai 41 1.9 5. Binod Thakali 3 .1 6. Biswo Debi Rawal 2 .1 7. Devendra Prasad Dube 171 8.1 8. Dilip Kumar Jayaswal 61 2.9 9. Durga Prasad Bhattrai 20 .9 10. Gita KC 93 4.4 11. Gomati Bhatta 20 .9 12. Gomati Kumari Saud 29 1.4 13. Gopal Sanjel 28 1.3 14. Gopi Kami 30 1.4 15. Jang Bahadur Singh 44 2.1 16. Kailash Bahadur Nagargi 29 1.4 17. Kamal Bohora 6 .3 18. Kanaiya Thakur 36 1.7 19. Karna Rokaya 4 .2 20. Keshav Bahadur G.C. 92 4.4 21. Krishna Prasad Pathak 53 2.5 22. Laxmi Kumari Yadav 48 2.3 23. Madhukar Tuladhar 5 .2 24. Maya Ayer 25 1.2
VR Observa on Report (June 2011- Mid July 2012) 53 25. Mira Sharma 39 1.8 26. Mithu Bajgai 16 .8 27. Parbati Nepali 82 3.9 28. Petar Tharu 24 1.1 29. Priyanka Shaha 22 1.0 30. Puspawoti Mishra 80 3.8 31. Renu Poudel 41 1.9 32. Rimu Kumari Chaudhary 63 3.0 33. Sabitri Shahi 30 1.4 34. Samjhana Rana 36 1.7 35. Saroj Kumar Bhujel 42 2.0 36. Shyam Kuwar 45 2.1 37. Smriti Gurung 22 1.0 38. Sunita KC 102 4.8 39. Tej Kumari Ojha 58 2.7 40. Thakur Prasad Devkota 151 7.2 41. Tikamaya Thakali 32 1.5 42. Visa Kafle 55 2.6 43. XXXXXXXXXXX 34 1.6 Total 2111 100.0
C. Dealing with individual Ques ons: Part-I : Situa on of Voter Registra on 1. Voter Education and Information
54 VR Observa on Report (June 2011- Mid July 2012) The ECN has introduced a BVR program adop ng modern technology. It is new for Nepali people, therefore, it is a crucial ques on whether the ECN has provided or has been providing suffi cient voter educa on and informa on to general people. In this issues, out of the total respondents 46.8 % said ECN’s informa on is eff ec ve and 48.1% said it is sa sfactory but 4.6 % said ineff ec ve while remaining 0.5 % did not respond. Similarly, the respondents were divided region-wise and it is presented in table no 1. Table NO. 1 QnA1 Region Total Effective Satisfactory Ineffective No Response Eastern 145 270 35 0 450 Central 329 75 2 1 407 Kathmandu Valley 35 17 5 0 57 Western 223 142 26 4 395 Mid Western 177 416 28 4 625 Far Western 78 95 1 0 174 Total 987 1015 97 9 2108 2. Evaluation of Equal exercise:
While accessing whether every ci zen ge ng equal exercise of VR, 55.8 % respondents said everyone is exercising equally, 41.7 % said situa on is sa sfactory, 1.6 claimed it as an ineff ec ve exercise, 0.9 % did not respond and just one person gave a
VR Observa on Report (June 2011- Mid July 2012) 55 diff erent opinion Region-wise responses are presented in table below:
Table No. 2 QnA2 Region Total Right Satisfactory Ineffective Other No response Eastern 180 253 5 1 12 451 Central 338 67 0 0 1 407 Kathmandu Valley 41 14 3 0 0 58 Western 239 141 12 0 3 395 Mid Western 278 332 14 0 1 625 Far Western 101 72 0 0 1 174 Total 1177 879 34 1 18 2110
3. Exclusion and Restriction Out of total respondents, 51.1 % said the condi on of legal exclusion and restric on is good, 38.8% said sa sfactory, 7.3% claimed the process to be wrong, 92.6 did not respond and a frac on made the diff erent opinions. Region wise responses are presented in table below:
Table No. 3 QnA3 Region Total Right Satisfactory Wrong Other No Response Eastern 200 187 47 1 16 451 Central 326 73 7 0 1 407 Kathmandu Valley 24 21 1 0 12 58 Western 166 180 43 2 4 395 Mid Western 296 292 28 0 9 625 Far Western 66 66 29 0 13 174 Total 1078 819 155 3 55 2110
4.1 Participation and Role of Political Parties: In the observa on process, NEOC a empted to explore par cipa on and the role played by poli cal par es in the VR process. In these issues, 31.5% respondents said poli cal par es played an ac ve role, 47.5% said sa sfactory, 19.8% said inac ve,
56 VR Observa on Report (June 2011- Mid July 2012) 1.0% respondents did not respond while 0.2% a ached to diff erent opinion. Poli cal par es were seen to playing diff erent roles in diff erent parts of the country. Region-wise responses are presented in table-4 below: Table No. 4 QnA4 Region Total Active Satisfactory Inactive Other No Response Eastern 126 182 141 0 2 451 Central 199 182 25 0 1 407 Kathmandu Valley 21 16 21 0 0 58 Western 64 199 125 3 4 395 Mid Western 214 307 91 1 12 625 Far Western 41 117 13 0 3 174 Total 665 1003 416 4 22 2110
4.2 Political parties' role-play compared to civil societies and Media Chart below presents compara ve role played by poli cal par es, civil socie es and media in VR process. In comparison between these three groups, media is in front with 25.30%, in second poli cal par es with 17.52%; and lastly civil socie es with 13.57% saying ac ve role had been played. However, there seems to do detail research to understand peoples' understanding about how do media play ac ve role and why not poli cal par es; and how do people understand their role in VR process and what is their expecta on from these groups.
VR Observa on Report (June 2011- Mid July 2012) 57 5. Participation and Role of Civil Society and Media: Major groups that can play a vital role to increase VR in local level is civil society and media. Have they played/been playing ac ve role in voter registra on process? In reply to this ques on, 41.5 % respondents said civil society and media are playing ac ve role, 52.3 % said sa sfactory, 5.1% claimed inac ve, 0.9% respondents did not respond while just a frac on i.e. 0.1% gave diff erent opinions. The fi gures show that these groups are sa sfactory ac ve to provide informa on and mo vate general public crea ng awareness on VR. Region wise responses are presented in table below:
Table No. 5 QnA5 Region Total Active Satisfactory Inactive Other No Response Eastern 183 249 13 0 6 451 Central 281 125 0 0 1 407 Kathmandu Valley 23 24 10 0 0 58 Western 105 237 46 3 4 395 Mid Western 219 361 38 0 6 624 Far Western 65 108 0 0 1 174 Total 876 1104 107 3 18 2109
6.1 Participation and Role of Different Groups: NEOC tried to comprehend a more detail and explore how ac vely the elderly people, women, dalit, janaja s, people with disabili es; third gender and youth in VR process are par cipa ng. In this category, 40.0% respondents said they are par cipa ng ac vely, 55.8% said sa sfactory, 2.9% said inac ve and remaining 1.2% respondents did not respond. Region wise responses are presented in table below:
58 VR Observa on Report (June 2011- Mid July 2012) Table No. 6.1 QnA6 Region Total Active Satisfactory Inactive No Response Eastern 143 287 8 12 451 Central 213 190 2 2 407 Kathmandu Valley 18 35 5 0 58 Western 164 194 32 5 395 Mid Western 213 394 13 5 625 Far Western 93 77 2 2 174 Total 844 1177 62 26 2110
6.2 Comparative Participation and role played by different groups Inclusive society or the words inclusion and exclusion have become fashionable and are o en used as shorthand to talk about a series of complex social processes. Issues such as Gender, Caste, Religion, and Disability are being ar culated widely and vividly in every sector. To ensure representa on from all these sectors is vital and elec on is the main appropriate medium. In the process of voter registra on and the na on building process through fair and free elec on every sec on of the society has to par cipate with informed choice and play ac ve role in each cycle of the elec oneering to own the electoral process.
However, voters are the sole decision-makers in the elec on of the representa ves. In developing and transi onal socie es like Nepal those groups are yet to be vibrantly ac ve to value their poten als to eff ect posi ve changes in the poli cs and na on building. Below table no.6 (ii) shows how eff ec vely those communi es are playing and par cipa ng in the VR process to secure their rights and freedom in the polling process.
Table No. 6.2 Indigenous Third Women Dalit Muslim Madhesi Disable Youth people Gender Effective 26.63 19.36 13.11 15.54 25.58 2.55 12.33 37.01 Satisfactory 53.21 50.12 28.92 28.32 60.13 18.31 45.58 48.13 Less Effective 13.15 15.33 11.01 11.29 6.31 20.35 26.32 10.14 Not effective 3.32 6.95 17.84 14.45 3.45 25.11 8.13 2.02 No Response 2.69 8.24 29.12 30.4 4.71 33.68 7.64 2.7
VR Observa on Report (June 2011- Mid July 2012) 59
7. Information provided by ECN on VR:
Another issue of observa on was informa on provided by the ECN. A total of 51.2% respondents said informa on dissemina on was eff ec ve, 43.2% said sa sfactory, 4.5 claimed ineff ec ve
60 VR Observa on Report (June 2011- Mid July 2012) and around 1% declined to respond. Region-wise responses are presented in table below:
Table No. 7 QnA7 Region Total Effective Satisfactory Ineffective No Response Eastern 185 246 14 5 451 Central 366 40 0 1 407 Kathmandu Valley 26 21 10 1 58 Western 159 189 40 7 395 Mid Western 251 338 32 4 625 Far Western 96 77 0 1 174 Total 1083 911 96 19 2110
8. Process of Publishing Preliminary Voter List In this context, 36.5 respondents told the process was convincing, 37.0% said sa sfactory, 12.2% claimed that it is unreliable, 13.6% did not respond and a frac on of popula on had put diff erent opinions. Region-wise responses are presented in table below: Table No. 8 QnA8 Region Total Believable Satisfactory Unbelievable Other No response Eastern 100 241 6 12 91 451 Central 307 96 1 0 2 407 Kathmandu Valley 13 25 2 0 18 58 Western 114 81 146 0 54 395 Mid Western 135 279 103 1 107 625 Far Western 101 58 0 0 15 174 Total 770 780 258 13 287 2110
9. Opportunity and Procedure to revise identified errors: In this case, 42.8% respondents said it is eff ec ve, 42.0% said sa sfactory, 5.0% said ineff ec ve, 9.5 did not respond whereas 0.6% gave diff erent opinion. Region-wise responses are presented in table below:
VR Observa on Report (June 2011- Mid July 2012) 61 Table No. 9 QnA9 Region No Total Effective Satisfactory Ineffective Other Response Eastern 136 193 15 12 95 451 Central 289 111 1 0 6 407 Kathmandu Valley 17 20 1 0 20 58 Western 195 122 25 0 53 395 Mid Western 232 317 63 0 11 624 Far Western 34 124 1 0 15 174 Total 903 887 106 12 200 2109
10. Publishing the final statistics of VR: In this ques on, 17.8% said it's precise, 28.0% said sa sfactory, 13.4% said ineff ec ve, 38.4% did not respond while 2.3% made diff erent opinions. Region-wise responses are presented in table below:
62 VR Observa on Report (June 2011- Mid July 2012) Table No. 10 QnA10 Region No Total Right Satisfactory Ineffective Other Response Eastern 122 185 14 24 106 451 Central 19 11 0 0 377 407 Kathmandu Valley 3 2 2 0 51 58 Western 57 114 142 18 64 395 Mid Western 102 193 122 7 200 625 Far Western 73 86 2 0 13 174 Total 376 591 282 49 811 2110
11. Status of disaggregated data: In this ques on, 19.8% respondents told to be correct, 40.9% said sa sfactory, 7.9% said ineff ec ve, 29.5% did not respond while 1.8% made diff erent opinions. Region-wise responses are presented in table below: Table No. 11 QnA11 Region No Total Right Satisfactory Ineffective Other Response Eastern 110 195 21 18 107 451 Central 10 34 0 0 362 407 Kathmandu Valley 4 2 1 0 51 58 Western 67 184 75 13 55 395 Mid Western 155 359 69 7 35 625 Far Western 72 88 0 0 13 174 Total 418 862 166 38 623 2110
12. Reasons for non-registration of potential A considerable number of eligible voters are yet to be registered in the voter list. What could be the causes behind this? In this issue, 7.5% respondents said that it is due to discrimina ve policy followed by the ECN, 40.2% said it is due to unwillingness of voters, 30.5% claimed it is because of geographical remoteness, 10.0% gave mixed opinion adding the issues of poli cal frustra on and out migra on. Similarly, a signifi cant mass i.e. 10.0% did not respond. Detail responses are presented in table below:
VR Observa on Report (June 2011- Mid July 2012) 63 Table No. 12 QnA12 Region Unwillingness Geographical No Total Discrimination Others of Voter remoteness Response Eastern 19 154 120 16 142 451 Central 1 154 183 35 33 407 Kathmandu Valley 2 24 3 24 5 58 Western 47 124 100 108 16 395 Mid Western 84 276 186 27 52 625 Far Western 5 116 51 1 1 174 Total 158 848 643 211 249 2110
13. Motivation to acquire citizenship due to VR: While examining the rela onship between VR and mo va on to receive ci zenship cards which is in fact mandatory to register the name in the voter list 23.3% respondents said ci zenship provision had maximized the rate of ci zenship receiving, 52.7% said it is average, 17.1% said no signifi cant eff ect, 5.1% did not respond and 1.7% put forwarded diff erent opinion. Detail response is presented in the table below:
Table No. 13 Region QnA13 Total Maximum Average Very few Other No Response Eastern 37 216 65 33 99 451 Central 91 255 60 0 1 407 Kathmandu Valley 10 23 25 0 0 58 Western 91 259 38 2 5 395 Mid Western 193 261 170 0 1 625 Far Western 70 98 4 0 2 174 Total 492 1112 362 35 108 2110
14. Facilitation by state authority to issue citizenship: In another ci zenship related issue, NEOC tried to survey how energe c and suppor ve are the government offi ces to provide ci zenship card in this period. In this case, 36.8% respondents said it is ac ve and 45.9 said sa sfactory, 10.7 said ineff ec ve,
64 VR Observa on Report (June 2011- Mid July 2012) 5.0% respondents did not respond. Similarly, 1.6 made diff erent opinions. Region-wise responses are presented in the table below:
Table No. 14 Region QnA14 Total Active Satisfactory Inactive Other No Response Eastern 130 163 34 32 91 451 Central 137 247 22 0 1 407 Kathmandu Valley 19 22 16 1 0 58 Western 166 209 14 0 6 395 Mid Western 200 279 140 0 6 625 Far Western 125 47 0 0 2 174 Total 777 967 226 33 106 2110
15. Continuation of the process: The current VR process is ongoing process and it will be con nued in the District Elec on Offi ce up to seventy-fi ve days (original announcement) prior to the Elec on Day. When asked about the relevance for making the process con nuous, 47.2 respondents said it is eff ec ve, 40.9% said sa sfactory, 9.3% said ineff ec ve and 2.3% respondents did not respond. Similarly, a frac on of respondent gave diff erent Reponses based on their judgments. Region-wise responses are presented in the table below: Table No. 15 QnA15 Region Total Effective Satisfactory Ineffective Other No Response Eastern 183 212 13 6 37 451 Central 218 174 13 0 2 407 Kathmandu Valley 18 31 8 0 1 58 Western 234 117 39 0 5 395 Mid Western 232 268 123 0 2 625 Far Western 111 61 0 0 2 174 Total 996 863 196 6 49 2110
16. Role of ECN Staff and Volunteers: Another issue was related to staff and volunteer mobilized by the ECN and their roles and ac vi es being perceived by the voters.
VR Observa on Report (June 2011- Mid July 2012) 65 In this case, 56.8% respondents said it is eff ec ve, 41.1% said sa sfactory, 1.4% said ineff ec ve and remaining small frac on of respondents did not respond. Region wise responses are presented in table no 16 below: Table No. 16 Region QnA16 Total Active Satisfactory Inactive No Response Eastern 259 187 1 4 451 Central 332 73 1 1 407 Kathmandu Valley 30 23 4 1 58 Western 304 84 3 4 395 Mid Western 160 444 19 2 625 Far Western 115 56 2 1 174 Total 1200 867 30 13 2110
Part-II : Voters Eligibility and Benchmarks
17. Opportunities to Eligible voters: It is duty of the na on to provide an equal opportunity to all eligible ci zens to par cipate them in the VR process. In this context, 73.4% said an equal opportunity had been provided, 22.1 gave mixed reac on, 1.8% claimed to be unequal and 2.2% did not respond. Likewise, a small frac on of respondents had put diff erent opinions. Region-wise responses are presented in the table below:
Table No. 17 QnB1 Region Total Equal Mixed Unequal Other No Response Eastern 292 107 14 8 28 450 Central 393 10 0 0 4 407 Kathmandu Valley 54 4 0 0 0 58 Western 309 76 7 0 2 395 Mid Western 341 256 16 0 11 624 Far Western 161 12 0 0 1 174 Total 1550 465 37 8 46 2108
66 VR Observa on Report (June 2011- Mid July 2012) 18. Restrictions in VR process: Although, insignifi cant restric ons in VR process could stop eligible voter in the voter list, a certain level of limita ons or criteria is always necessary to maintain sanc ty. In this issue, 45.2 respondent said it is eff ec ve, 42.5% said sa sfactory, 8.0% said it is discrimina ve and 3.7% did not respond, while few other made mixed comments. Region-wise responses are presented in the table below:
Table No. 18 QnB2 Region Total Effective Satisfactory Discriminative Other No Response Eastern 166 216 27 9 33 451 Central 313 82 8 0 4 407 Kathmandu Valley 25 18 3 0 12 58 Western 150 196 42 2 5 395 Mid Western 245 304 60 0 15 624 Far Western 56 81 27 0 10 174 Total 955 897 167 11 79 2109
19. Fair and Transparent Voter list: Fair and free elec on is possible only when the no on of one person one ballot is guaranteed. For this, regular update of the voter list, registra ons of new eligible voters, removal of mul ple registra ons and non-eligible voters’ names are essen al. In order to fi nd out the scenario, a ques on was asked to the respondents: How eff ec ve does this ongoing VR process help make fair voter list? In this context, 50.6% respondent said it is eff ec ve, 41.3% said sa sfactory, 2.7% said there were several mistakes and 4.3% respondents did not respond. Similarly, around 1% gave mixed responses. Region-wise responses are presented in the table below:
VR Observa on Report (June 2011- Mid July 2012) 67 Table No. 19 QnB3 Region Total Effective Satisfactory Mistake Other No Response Eastern 185 167 12 18 69 451 Central 260 132 10 0 4 406 Kathmandu Valley 27 24 6 0 1 58 Western 207 170 14 0 4 395 Mid Western 271 328 12 0 12 623 Far Western 118 51 4 0 1 174 Total 1068 872 58 18 91 2107
20. Mix-max Registration Evidence of not registra on of eligible voter and registra on of ineligible voters had been seen in large extent during previous elec ons. So, in order to analyze the issue in the present context- respondents were frequently asked about the ma er. In this case, 9.1% respondents said there must be pre-plan to do so, 29.5% said it was there but not by pre-plan rather by an un- willful accident and 54.3% said it is pointless highligh ng that in this new system of registra on it is impossible to do so. Similarly, 1.2% respondents said other causes such as poli cal par es' cadres providing wrong informa on regarding registra on and obstruc on made by them are responsible for it. Likewise, 5.5% respondents did not respond. Region-wise responses are presented in the table below:
Table No. 20 QnB4 Region Total Pre Planed By Accident Pointless Other No Response Eastern 14 163 183 19 70 451 Central 28 148 225 0 6 407 Kathmandu Valley 2 15 35 5 1 58 Western 61 53 276 1 4 395 Mid Western 78 187 325 0 31 624 Far Western 10 57 102 0 5 174 Total 193 623 1146 25 117 2109
21. Situation of Inclusive Representation: To make inclusive representa on from every sphere of the society a founda on need to be build from every sector which should
68 VR Observa on Report (June 2011- Mid July 2012) be based as per the propor on of popula on. How are inclusive representa on of male, female, third gender on the basis of popula on in the present VR list? In this case, 33.5% respondent said that inclusion eff ort is apprecia ve, 59.1% said sa sfactory, 2.1% said wrong, 4.04% respondent did not and few responded made diff erent opinions. Region wise responses are presented in the table below: Table no. 21 QnB5 Region Total Right Satisfactory Wrong Other No Response Eastern 110 261 11 5 64 451 Central 215 183 2 0 6 406 Kathmandu Valley 20 34 1 0 3 58 Western 121 250 18 1 5 395 Mid Western 191 399 13 1 20 624 Far Western 50 120 0 0 4 174 Total 707 1247 45 7 102 2108
22. Representation of Minority and Backward groups Although the popula on of minority and backward groups are very low when compared to total popula on, their representa on and registra on is equally important to maintain the sanc ty of elec ons. In this case, 31.7% respondent said the process was eff ec ve, 61.7% said sa sfactory, 1.8% claimed inability of ECN to register in inclusive manner and 4.2% respondent did not respond. Around 10 respondents gave diff erent opinion on the issue. Region wise responses are presented in the table below: Table No. 22 QnB6 Region Total Right Satisfactory Wrong Other No Response Eastern 81 291 6 10 63 451 Central 214 188 1 0 4 407 Kathmandu Valley 23 33 0 0 2 58 Western 130 246 14 0 5 395 Mid Western 180 415 16 0 13 624 Far Western 41 130 1 0 2 174 Total 669 1303 38 10 89 2109
VR Observa on Report (June 2011- Mid July 2012) 69 23. Registration of IDPs and Migrants: VR process had been adopted for IDPs and migrants following some legal provisions. On this issue, 34.7% respondent said the process was eff ec ve, 44.6 said sa sfactory, 9.2% respondent said ineff ec ve and around 10% respondent did not respondent. Another 1.1% gave diff erent opinions. Region wise responses are presented in the table below:
Table No. 23 QnB7 Region Total Right Satisfactory Wrong Other No Response Eastern 92 221 9 18 109 450 Central 263 135 2 0 6 407 Kathmandu Valley 11 32 2 3 10 58 Western 141 125 74 2 52 394 Mid Western 187 306 108 1 22 624 Far Western 38 121 1 0 14 174 Total 732 940 196 24 213 2107
24. Diaspora community in VR: A er providing ODR facility by the ECN, everyone can register their name in VR list from any corner within the country. This facility will certainly benefi t IDPs and temporally migrants. However, no such steps have been taken in regards to diaspora community (i.e. popula on residing outside the country. In the context of registra on of diasporas, 41.3% respondent said it was not done, but an equal percent i.e. 41.1% claimed the provision is made (it refl ects their ignorance as it is well known that no provisions or eff ort has been made by the ECN on the context of diasporas except recently a commi ee is established to do detail study over its feasibility). Similarly, 6.0% claimed this is discriminatory, 2.3% gave mixed responses and remaining 9.2% did not respond. Region wise responses are presented in the table below:
70 VR Observa on Report (June 2011- Mid July 2012) Table No. 24 QnB8 Region Total Did not Did Discriminative Other No Response Eastern 210 88 33 25 95 451 Central 73 329 1 0 4 407 Kathmandu Valley 28 24 1 0 4 58 Western 236 80 10 16 53 395 Mid Western 246 264 81 7 26 624 Far Western 79 82 1 0 12 174 Total 872 867 127 48 194 2109
25. Situation of temporary migrants: Temporary migrants are the fl oa ng popula on within the country. When the respondents were asked about the situa on regarding the registra on of the migrants, 30.5% respondent said all temporary migrated people were registered, 44.1 said par ally registered, 17.9 said not registered, 1.0% showed other cause and remaining 7.6.2% did not respond to the ques on. Region wise responses are presented in the table 25 below:
Table No. 25 QnB9 Region All Partially Not Total Other No Response Registered Registered Registered Eastern 44 248 76 6 76 451 Central 230 128 43 0 5 407 Kathmandu Valley 26 28 3 0 1 58 Western 100 182 93 13 7 395 Mid Western 134 318 138 3 29 623 Far Western 110 27 25 0 12 174 Total 644 931 378 22 130 2108
26. Non-Discriminatory and Universal standard: Along with the adop on of na onal policies, the VR doctrine is also guided by the rules and regula ons. ECN has adapted Universal standard in VR process on the basis of Non-discrimina on
VR Observa on Report (June 2011- Mid July 2012) 71 and equality. In this context, 45.6% said that the standard had been followed, 47.6 said sa sfactory, 1.8 claimed not properly followed and 4.3% did not respondent. Similarly, a group of 16 respondents gave diff erent views. Region wise responses are presented in the table 26 below:
Table No. 26 QnB10 Region Total Right Satisfactory Wrong Other No Response Eastern 154 207 17 15 58 451 Central 291 110 1 0 5 407 Kathmandu Valley 18 36 0 0 4 58 Western 197 182 9 1 6 395 Mid Western 254 343 10 0 17 624 Far Western 49 125 0 0 0 174 Total 963 1003 37 16 90 2109
27. Uniformity in legal merit regarding voters’ qualification: In this issue, 57.4% respondent said that it was appropriate, 37.6% said sa sfactory, 1.3% said it was inappropriate and 3.2% did not respond. Few respondents tried to give diff erent viewpoints. Region wise responses are presented in the table 27 below:
Table No. 27 QnB11 Region Total Right Satisfactory Wrong Other No Response Eastern 193 200 6 10 42 451 Central 339 64 0 0 4 407 Kathmandu Valley 25 30 0 1 2 58 Western 247 134 11 0 3 395 Mid Western 336 262 11 0 15 624 Far Western 70 103 0 0 1 174 Total 1210 793 28 11 67 2109
28. Situation and opportunity to address on petition: Appropriate model to address on pe on is very important in order to maintain the sanc ty of elec ons. On this issue, 43.4%
72 VR Observa on Report (June 2011- Mid July 2012) respondent said that address on pe ons was eff ec vely made, 43.2% said sa sfactory, 4.7% claimed that pe ons were not made, 0.9 pointed out other views and remaining 7.8% did not respond. Region wise responses are presented in the table below:
Table No. 28 QnB12 Region Total Right Satisfactory Wrong Other No Response Eastern 128 199 15 18 91 451 Central 301 102 0 0 4 407 Kathmandu Valley 23 18 1 0 16 58 Western 219 121 31 0 24 395 Mid Western 221 335 50 0 18 624 Far Western 23 137 2 0 12 174 Total 915 912 99 18 165 2109
29. Percentage of Participation: The present overall na onal scenario of VR is not so exci ng in terms of the percentage of par cipa ons when compared to 2008 CA elec ons me and on the basis of Nepal's current popula on sta s cs. In this connec on we asked how people think about the tempta on for par cipa on in the VR list. In this case, 33.4% respondents said people's par cipa on percentage is high, 59.8 said averages, 3.2% claimed to be low and 3.1% did not respond. Very few others gave diff erent opinions. Region-wise responses are presented in the table no 29 below:
Table no. 29 QnB13 Region High Average Low Other No Response Total Eastern 81 324 14 7 25 451 Central 262 136 3 0 6 407 Kathmandu Valley 13 26 2 1 16 58 Western 45 326 21 1 2 395 Mid Western 216 368 24 0 16 624 Far Western 89 82 3 0 0 174 Total 706 1262 67 9 65 2109
VR Observa on Report (June 2011- Mid July 2012) 73 30. Situation of VR in remote areas: Nepal is diverse both ethnically and geographically. Therefore, there are diffi cul es in service delivery by the state at the local level. Geographical remoteness also stands as a major obstacle in the VR process. We asked about how is the progress of VR in the remote areas? In this case, 20.4% respondents said well (they did not cared remoteness and made par cipa on in registra on process), 58.9% said sa sfactory, 5.9% said not enough, 9.1% men oned other causes and remaining 5.6% respondents did not answer. Region-wise responses are presented in the table below:
Table No. 30 QnB14 Region Total Good Satisfactory Not at all Other No Response Eastern 94 276 17 14 50 451 Central 120 267 4 8 8 407 Kathmandu Valley 10 23 1 9 15 58 Western 60 167 18 145 4 395 Mid Western 93 390 84 16 41 624 Far Western 53 119 1 0 1 174 Total 430 1242 125 192 119 2109
31. Causes for Absenteeism in the Registration Process: According to ECN record (as of 21 June, 2012) around 97% of the es mated number of voters have been registered. This has been a exi ng achievement as per the ECN target but far behind when compared to current popula on sta s cs of the country and also in comparison to the number of electorate of 2008 CA elec ons. So, what could be the reason behind the non registra on of the remaining mass of popula on? Major causes includes: a) elec on date is not declared yet b) transi onal period is protracted resul ng in growing frustra on in the public. In this connec on, 23.7% respondents said the cause is poli cs, 50.1% said due to geography, 3.6% said due to natural disaster, 11.8 respondents said obstacle of Madhesi par es and other threats and 10.8% did
74 VR Observa on Report (June 2011- Mid July 2012) not respond. Region-wise responses are presented in the table below:
Table No. 31 QnB15 Region No Total Political Geographical Natural Disaster Other Response Eastern 89 236 19 6 101 451 Central 102 236 9 31 29 407 Kathmandu Valley 3 8 2 32 13 58 Western 97 118 7 161 12 395 Mid Western 162 355 21 19 67 624 Far Western 48 104 17 0 5 174 Total 501 1057 75 249 227 2109
32. Obstacle in VR Activities: Because of complex poli cal issues and suspicion for fair elec ons in future, some poli cal par es created obstacles in the VR process over few areas in the country. In this case, 5.1% respondents said obstacle were high, 29.1% said low, 63.4 said there was no any obstacle, 12.0% did not respond and remaining small frac on gave diff erent opinions. Region-wise responses are presented in the table below:
Table No. 32 QnB16 Region Total Right Satisfactory Wrong Other No Response Eastern 18 239 180 0 14 451 Central 3 40 357 2 4 407 Kathmandu Valley 0 6 46 0 6 58 Western 42 51 298 0 4 395 Mid Western 38 223 344 2 14 621 Far Western 6 55 112 0 0 173 Total 107 614 1337 4 42 2105
VR Observa on Report (June 2011- Mid July 2012) 75 Section-III OBSERVATION FINDINGS
A. General Findings: It is very heartening to see that in Nepal, the VR process is progressing despite a number of issues and challenges namely; issues of turnout, eligible ci zens’ access to ci zenship cer fi cates, and VR management. During the process of observa on, NEOC witnessed the following major development:
1) Having par cipated in the observa on of the VR in 15 districts for one year and based on our observa ons during the high-level fi eld visit to various parts of the country, we wish to state that the ECN conducted the VR process in an open and transparent way and in a technically sound manner. With some excep on, the ECN registra on offi cials were knowledgeable in the VR processes, with most of them adhering to the laid down procedures and processes. Most of the eligible voters we approached commended and praised the electronic VR process and hoped that it would curb the problem of mul ple registra ons.
2) The observa on exercise revealed that the ECN performed very well in the new VR drive. The jus fi ca on of this statement is based on the fact that most of the registra on offi cials correctly followed the registra on processes by ensuring that they registered only eligible voters who possessed authen c ci zenship card.
3) The ECN adopted the registra on methodology which ensured a wide reach of eligible voters. In addi on, the idea of registering voters in prisons, shelters,
76 VR Observa on Report (June 2011- Mid July 2012) cantonments, military barracks, police sta ons, hospitals etc. was commendable. Again, despite several challenges ahead, the ECN was able to mount a vigorous publicity drive on VR through the print and electronic media, local FM radios, the local administra on, schools administra on, and also used their own offi cials to disseminate voter educa on on registra on. The ECN had also developed a number of IEC materials that were disseminated by the ECN local staff and other agencies at the cons tuency level.
4) It has been noted that despite the ECN’s extensive eff orts, a signifi cant number of poten ally eligible voters remain unregistered. A key challenge, therefore, is to reach out to these ci zens especially the overseas contractual migrant laborers, out-of-district voters and those who are least bothered to register due to various reasons including frustra on and gross negligence. Unregistered but eligible individuals could poten ally be disenfranchised unless further eff orts are made to reach them.
5) The other major challenge being faced by the ECN in rela on to voter turnout is the issue of eligibility for, and access to, ci zenship cer fi cates. Although possession of a ci zenship cer fi cate is a mandatory requirement to register on the new voter list, ques ons around ci zenship cer fi cates remain poli cally controversial and sensi ve, presen ng a par cular challenge to the VR process. The issue of ci zenship is not only confi ned to the terai region; rather a signifi cant popula on in other parts of the country is also yet to obtain ci zenship cer fi cates.
VR Observa on Report (June 2011- Mid July 2012) 77 6) The unprecedented poli cal upheaval and o en unpredictability associated with it, the ECN’s laudable job in implemen ng the VR process overall has been overshadowed thereby resul ng in challenges in VR management. The dissolu on of the CA and the fresh announcement of the new CA elec on have added further dilemma and confusion. The ECN meline is frequently changing, calendar planning is not consistent.
B. Specific Findings The sta s cs and related case studies from the project districts generate the following focused results: • The voter educa on and informa on dissemina on in the ongoing VR process by the ECN is appreciable, but further outreach programs are necessary in order to include all the poten al voters. • The IEC materials produced and disseminated by the ECN do not seem suffi cient and consistent as per the need of the regions where vast diversity exist in terms of language and culture. So, further strategies for informa on fl ow by using local languages and locally available media is necessary. • While examining the condi on of legi mate exclusion and restric on in VR process, majority of the respondents asserted apprecia on. • The role of poli cal par es and their par cipa on in the ongoing VR process in most of the places is invisible. Poli cal par es therefore, really do not seem to have owned the process. • Concerning the par cipa on and role played by civil society and the media, there has been equal volume of responses telling both ac ve and sa sfactory. It suggests that these groups are not so ac ve to provide informa on and
78 VR Observa on Report (June 2011- Mid July 2012) mo vate people for crea ng awareness on VR. However, further expansion in their eff ort is necessary as a huge mass of popula on is s ll lurking behind in informa on access. • When a compara ve analysis is done on the role of poli cal par es, civil society and the media in the present VR process, the media is leading followed by poli cal par es and civil society respec vely. This suggests civil society to come up with new strategies and views to sen ent the general public. • Par cipa on and role play by ‘Diff erent Groups’ which include senior ci zens, women, dalits, janaja s, third gender, the disabled etc, is sa sfactory. This shows that every quarter of the society is ac ve in assis ng the registra on. • The mely informa on provided by ECN on the present VR process is eff ec ve; however every ci zen does not have the proper access to it. So, a new strategy for informa on dissemina on by the ECN needs to be enhanced. • Reliability of the process of publishing the preliminary voter list by the ECN is deemed acceptable by most of the respondents. So, it can be highlighted that ECN is really sensi ve in this issue and people have faith on it. • The opportunity and procedure to revise the iden fi ed errors in the VR process by the ECN is sa sfactory as per most of the respondents. However, the mely and prompt ac on on this issue is desirable. • An equal number of respondents tes fi ed the display of the VR list by the ECN is more or less accurate and sa sfactory. • Ci zenship cer fi cate is fi rst and foremost requirement to get registered in the voter list. It is clear that the provision is maximizing the rate of ci zenship receiving throughout the country. Also, concerned government offi ces are ac ve to issue the ci zenship cer fi cates. • The VR process is an ongoing process and the dicision for the con nua on of VR is a welcome all over the country.
VR Observa on Report (June 2011- Mid July 2012) 79 • Regarding the role of ECN staff and volunteers, it is found that they have delivered their duty eff ec vely even brawling in harsh clima c condi on and geographical diffi cul es. • There has been equal opportunity to all eligible voters to get registered in the VR list as long as one meets the criteria. • There has been inclusive representa on of male, female, third gender on the basis of popula on sta s cs in the VR list. Likewise, representa on of minori es and backward communi es is also sa sfactory. Regarding the registra on of IDPs and internal migrants, there is adequate eff ort from the ECN. However, the measures for registra on of diaspora communi es have yet to be adopted. Likewise, there has been par al registra on status regarding the temporary migrants. • Majority of respondents believe that the ECN’s compliance with universal standards in VR process on the basis of non- discriminatory approach is sa sfactory. • There has been defi ned uniformity in the use of legal merit regarding voters' qualifi ca on. • It is found that there is an op mal opportunity for voters for addressing ‘claims and objec ons’, although the period of objec on has been considered insuffi cient. • Although the na onwide VR is exci ng, rate or percentage of par cipa on in the VR process is not admirable as compared to the previous registra ons during earlier elec ons. This may be due to the introduc on of en rely new scien fi c way of registra on with biometrics and in-person registra on criteria. This is also clear with the situa on of VR in remote areas- where a rela vely low number of voters (compared to average registra on per day) are registered. • The topography of our country is one of the main hurdles which prevent huge number of voters from registra on. Besides, protracted transi onal period causing heightened
80 VR Observa on Report (June 2011- Mid July 2012) frustra on in the general people regarding the ineffi ciency of the poli cal par es and government is fueling the situa on. • Due to diff erent poli cal issues and specula on for free and fair elec ons in the future, earlier some poli cal par es had created obstacles in some areas in the country. However, majority of respondents expressed that currently there are no any serious obstacles in the VR process.
C. Field Based Observers' Lens
Highlights of perception survey:
Inaccessibility to the site of registra on due to diff erent physical abnormali es or disabili es Absence (loss or misplacement) of a ci zenship cer fi cate Harsh clima c condi on due to prolonged monsoon and winter seasons resul ng in constraints in registra on Lack of me to register due to busy work schedule and lack of friendly processes rela ng to the use of the modern technology Rapid mobility factors and uncertainty in permanent residency Never-ending fl ow of out-migra on as overseas contractual labor Changed policy for a mandatory appearance in person for VR and invalida on of the tradi onal approach of a household member registering the names in wholesale Highly conten ous issue of missing or absentee voters depriving the ci zens’ cons tu onal right to vote
VR Observa on Report (June 2011- Mid July 2012) 81 D. Overall Conclusion
Over the last twenty years or so especially a er the 1990’s popular uprising, Nepal has gone through a process of historical transi on, rapid urbaniza on, technologies and change in demographics. In rela on to elec ons, it is important for the ECN to adapt to the con nual change, to maintain public confi dence in elec on process and make sure the systems used retain a high level of trust and integrity.
Since the fi rst general elec ons held in 1990 a er the successful peoples’ movement, no formal, independent audit of the electoral roll has ever been undertaken. Whereas, issues rela ng to misuse of money, muscle, and manipula on poli cs have consequences for the fairness of elec ons and issue of guaranteeing the same level playing fi eld for all candidates and par es, the issue that has impinged most upon the credibility of the Nepal elec on system is the quality of the VR.
It is not fair to blame the state solely for this. It has, in part, resulted from historical dri . It is a challenge for the ECN to also adapt to the con nual change, whereas on paper the VR system may not be totally in shambles but it had been unable to keep pace with the challenge at hand brought about by the rapid urbaniza on, unprecedented migratory movement, growing public aspira ons and change in demographics over the last few decades. Nevertheless, the ongoing ini a ve it itself is a milestone towards upda ng the VR system through the use of modern ICT.
In the given rapidly changing poli cal context in the country, it requires the state to adopt solu ons to problems arising from the electoral cycle to prevent possible damage in the public trust and confi dence in the system. Besides modernizing the digitalized VR system, there are many phases to the electoral
82 VR Observa on Report (June 2011- Mid July 2012) process: in an elec on, for example, these include the design and dra ing of legisla on, the recruitment and training of electoral staff , electoral planning, the registra on of poli cal par es, the nomina on of par es and candidates, the electoral educa on, the electoral campaign, polling, coun ng, the tabula on of results, the declara on of results, the resolu on of electoral disputes, repor ng, audi ng and archiving. A er the end of one electoral process, it is desirable for work on the next to begin including public consulta on and reform ini a ves as integral part of the electoral cycle including the VR process.
VR Observa on Report (June 2011- Mid July 2012) 83 Section- IV CLAIMS AND OBJECTIONS
An accurate and error-free electoral roll is the outcome for a free and fair elec on. More emphasis is laid on the conduct of elec ons. But it has been observed that the electoral rolls are defec ve in many respects and therefore, adequate stress has to be laid on the prepara on and revision of the electoral rolls. ‘Claims and objec on’ is thus signifi cant for this purpose. The adop on of this modern registra on process and development of a voter list database with photograph and fi ngerprints support clear iden fi ca on of voters on the elec on-day, deterrence of false vo ng, ability to detect and remove duplicate registra ons and locate internal migra on of voters between loca ons. The ‘claims and objec on’ had taken the following ini a ves among others: - Correc on of errors - Correc on of details/par culars - De-duplica on - Transfer of registra on - Applica on for claims and objec ons for removal of names - Con nue the registra on of new voters
A er comple ng the fi rst round of na onwide VR process, the ECN displayed the preliminary list of voters in 75 districts, in every VDCs and ward offi ces for ‘claims and objec ons’. Ini ated in mid-April 2012, the ‘claims and objec on’ process con nued ll the end of May. The ECN aims to have the updated fi nal list of voters by July 2012. In order to register missed voters, it is learned that the ECN will con nue the VR and ODR process that are ongoing in all the 75 DEOs. Under the DANIDA/HUGOU supported project, It was an opportunity for voters to verify their informa on, get it corrected and also report any objec on to the list. NEOC observers were able to cover the process in 15 districts under the project.
84 VR Observa on Report (June 2011- Mid July 2012) The display of the VR list showed that the VR data was archived with a acceptable degree of accuracy. The observa on showed that the name, father‘s/husband‘s name, date of birth, address, and voter area in the voter list mostly matched. No any substan ve challenge of non-compliance has been recorded ensuring confi dence to all electoral stakeholders. Also, the accuracy of the data display was found geographically uniform in the districts covered by NEOC. NEOC did not reveal any major diff erences in data accuracy for sampled voters between diff erent districts in the country, mountain or terai or rural and urban areas except some minor errors. The list was found to be fairly uniform in accuracy, sugges ng that the ECN staff tried to administer the VR process as evenly as possible throughout the districts covered. General people expressed confi dence that VR had led to be er and transparent voter list although the accuracy of the list is yet to be tested.
NEOC observa on team spent addi onal days to observe the ini al data verifi ca on process. Such process is basically matching the digital VR data against manual (paper-based) records for each registrant. Verifi ca on is undergoing at the district level in order to rec fy any anomalies. Since the formal observa on program of the data verifi ca on has come to an end, the actual salient feature of the completed data is yet to be determined. Our observa on fi nding is in line with the Carter Center’s Third Interim Statement on VR ( January 31, 2012) which reveals that registra on staff in many loca ons frequently neglected to check registra on data with ci zens at the me of registra on. This increased the poten al for errors in the data.
As outlined in the Carter Center Report, NEOC observa on also revealed the fact that the verifi ca on process is reasonably in line with ECN guidelines but noted a high rate of records requiring correc ons and highlighted a number of concerns, some of which could aff ect the overall quality of the data. In the absence
VR Observa on Report (June 2011- Mid July 2012) 85 of clear guidelines and proper training to the ECN staff , including computer operators, the following lapses in terms of rec fying minor and major errors were found.
- Technical errors in individual’s par culars/details associated with spellings of the names, date of birth, racial and gender iden ty, ward numbers and so on were found. - Lack of opportunity to the voters was noted to review the computerized personal data by the registrant during registra on. - Poor quality voter roll display caused diffi cul es in reading the informa on and fi ndings whether there were any discrepancies in the list. - Non-display of the voter roll up to the ward level prevented ordinary people from access in pursuing claims and objec ons. - Although many pe ons had been lodged in the DEO for the correc on of personal details, the volume of applica ons concerning objec on is invisible. - Very few people volunteered to check their personal details. The main reasons for such disinterest may be due to increased poli cal frustra on and lack of spare me in combina on with planta on season. - The bright side of the claims and objec ons procedure is that the errors iden fi ed were instantly rec fi ed to the full sa sfac on of the claimant. - The process for the dissemina on of informa on concerning claims and objec ons to the general public including the use of various IEC materials was in wide coverage of the local level. - The dual duty undertaking claims and objec ons and registra on of the new voters by the ECN team was well appreciated which saved both me and resources.
86 VR Observa on Report (June 2011- Mid July 2012) Section- V RECOMMENDATIONS
To the Election Commission: • Consider reviewing and strengthening its VR educa on program to ensure eff ec ve outreach across the country • In the given protracted peace process and cons tu onal vacuum, consider further extending the exis ng meline for VR • Corroborate the ECN registra on turnout targets in line with new 2011 census data of the CBS • Consider eligibility of internal migrants/moving popula on/ IDPs/diaspora community to ensure their vo ng right from the place where they are temporarily residing • Resolve lapses in technical and procedural aspects of the ongoing verifi ca on process, par cularly those related to major discrepancies in the data together with refresher training to the ECN staff par cularly to the data processing team • Expand and con nue the VR eff orts as a door-to-door campaign with special focus on the far-fl ung areas and the underprivileged community • In the changed poli cal context, allow ample me for registra on for those who have yet to register due to various reasons • Ins tute transparent procedures especially for the central- level cross-checking of possible duplica on in the voter register
To the Government of Nepal: • Create a conducive atmosphere to ensure the issuance of ci zenship cer fi cates to all eligible Nepali ci zens as required by the 2011 Supreme Court verdict so that they would not be debarred of their vo ng rights and also ensure
VR Observa on Report (June 2011- Mid July 2012) 87 that the na onal ID card will be issued prior to the next elec on • Eff ec vely mobilise all relevant state machineries, including local administra on and security organs in support to the ECN to enable it in successfully accomplishing the registra on endeavor • Ensure that the professionally trained staff in elec oneering would not be transferred to other ministries/departments for at least one elec on term • Appoint without further delay the vacant posi ons of the ECN to make the body complete and competent • Encourage and take into confi dence to proac vely mobilize all poli cal actors including civil society ins tu ons and CBOs to ensure ownership of the endeavor by all
To the political parties: • Ensure to mobilize their na onal, regional, district and local chapters and sister organiza ons to ac vely par cipate in the campaign for VR • Conduct door-do-door campaign to persuade the voters to par cipate in the VR and encourage to assert their fundamental poli cal rights • Engage in construc ve inter-party dialogue along with pressurizing the state authori es to amicably and jus ce-fully resolve the conten on around issuing ci zenship cer fi cates to those who deserve with lawful process • Pursue proper cons tu onal/legal/administra ve course in a peaceful manner to raise their grievances
To the civil society organizations: • Proac vely mobilize general popula on as a catalyst force in support of the VR campaign • Focus on awareness raising program and ac vi es regarding the VR with photograph
88 VR Observa on Report (June 2011- Mid July 2012) • Carry out regular discussions, discourse and dialogues with the concerned stakeholders at all levels • Mo vate and assist the general public to secure the ci zenship cer fi cates and get registered in voter roll • Act as a medium of defusing the tension and obstruc on rela ng to hurdles in VR and data verifi ca on process • Use VR educa on as a built-in component in its programma c interven on such as educa on, research, advocacy and campaign as an integral part of the human rights educa on
To the media: • Design a me-bound informa on dissemina on program dedicated to VR and VR educa on • Allocate a defi nite slot of me for voluntary dissemina on of informa on and communica on on VR • Conduct inves ga ve journalism concerning the diffi cul es being faced by the people in the remote areas and the underprivileged community • Focus on gender and VR repor ng to expose the constraints being faced especially by Muslim and dalit women in coordina on with observa on groups • Conduct specialized training for independent elec on repor ng in the days to come.
VR Observa on Report (June 2011- Mid July 2012) 89 Percentage Percentage forecasted/ based on the estimated total 2063 Percentage of Percentage registration in comparison to the year istration Total Reg- Total Commission's Estimation 60% and Municipality- 75%) (Registration in 2063 VDC- (Registration Annexes Number of voters in 2063 districts of certain ces Summary- Voter registration data Summary- Voter on offi on - - - 351661 - nue in: nue All 58 municipalities 2299728 1724796 1441283 62.67 83.56 All 3915 municipalities 15309680 9185808 8790036 57.41 95.69 Municipalities completed ces Voter Registration with Photograph- Data Collection Program Voter on Offi on as of 21 June, 2012 on Commission of Nepal (ECN) on will be con Elec : program (including pilot VDC-7) during periodic program Total - 17609408 10910604 10582980 57.75 97.00 S.N. Region Program Number of VCDs and 1. Municipality level 2. VDC level program 3. Registration made - District and Area (Ilaka) Administra and Area (Ilaka) - District 07/03/2069 (21 June, 2012) date: # updated Source - 75 District Elec - 75 District Annex-1 are not included in the list. from the mobile teams Data Note: # Registra
90 VR Observa on Report (June 2011- Mid July 2012) Annex-2
NEOC observers' Code of Conduct (Derived from UN Principles & CoC 2005 & GNDEM-2010)
• Respect Sovereignty and Interna onal Human Rights Principles • Respect the Laws of the Country and the Authority of Electoral Bodies • Respect the Integrity of both Domes c and Interna onal Observa on Missions • Maintain Strict Impar ality at All Times • Refrain from Obstruc ng Elec on processes of the Country • Provide Appropriate Iden fi ca on and Visibility • Maintain Accuracy of Observa on and Professionalism in Drawing Conclusion • Refrain from Making Comments to the Public or the Media before the Organiza on Speaks • Cooperate and Coordinate with Other Elec on Observers • Maintain Proper Personal Behavior during the En re Observa on Process • Refrain from Viola ng This Code of Conduct Even Under Excep onally Diffi cult Circumstances • Express Public Pledge to Follow This Code of Conduct Without Prejudice
VR Observa on Report (June 2011- Mid July 2012) 91 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] 9841486808 9841350292 9841493651 9841989072 9849451856 9849012284 9846080228 9846421497 9746701214 9842753335/9742642730 9741115369 9842660605 9807150266 9816244815 9845033892 984049633 9842060609 9742066899/026-520646 98528205285 9815707796 9807707699 F F F F F F F F F F M M M M M M M M M M M Gita K.C. Asmita Dhakal Nepali Parbati Shyam Kunwar Bhattari Durga Prasad Smriti Gurung Madhukar Tuladhar Madhukar Gopal sanjel Bhanu Bhakta hattarai Ojha Kumari Tej Arjun Gurung Visa kafley Bhujel Saroj Kumar Renu Paudyal Jung Badhur Singh Yadav Laxmi Kumari Chaudhary Rimu Kumari Tharu Peter Thakur Kanhaiya 011-620371 9856024171 061-526460 024-460464 024-460116 Fax: 026-460116 Fax: 98528205285 031-522635 9845189342 Shah Priyanka Regional/District Committee and Observers' Contact Details Name Mobile/Phone/Fax Name Gender (F/M) Mobile/Phone Bheshram Dhakal 9751011103 gana Singh Thakur chowk S.N. District Chairperson/Contact Person Observers E-mail 6 Sindhupal- 7 Kaski Nabadatt Dhun- 1 Taplejung Debraj Meyangbo 9842659140 2 Dhankuta Bidur Subedi 9842060797 5 Lalitpur Gopal sanjel 9841493651 Mithu Bajgai 3 Saptari Jung Badadur 4 Bara Om Prakash Annex- 3 Annex-
92 VR Observa on Report (June 2011- Mid July 2012) [email protected] [email protected] [email protected] [email protected] 9848728711 9848830083 9848768337 091-523819 9749021138 9848518286 9749512358 9749504472 984775602 9847878935 9747190046 9758501803 98488309037 9848339440 9748900431 9848046851 9848093422 9848022593 9847042614 9849531129 9727644766 984682120 F F F F F F F F F F F F M M M M M M M M M M M Kamalraj Joshi Kamalraj Ayer Monika Sabitra Kumari Shahi Sabitra Kumari Gomati Saud Gopi Kami Gomati Bhatta Nagarje Kailash Sunita K.C. Anita K.C. Devkota Prasad Thakur Karna Bahadur Rokaya Karna Bishnu Devi Rawal Bohara Kamal Dilip Kumar Jayaswal Dilip Kumar Dubey Debendra Prasad Mishra Pushpabati Krishna Prasad Pathak Krishna Prasad Bahadur G.C. Keshab Samjhana Rana Thakali Tikamaya 9741059338 9858023846 087-680105 9847040087 9841401538 059-440030 Tej Bahadur AyerTej 9848728944 Budhathoki Shahi Tripathi hura 14 Darchula Navaraj Joshi15 9749507949 Dadeld- Bhatta Padamraj 13 Kailai Nanda Raj Panta 9749000644 Maya Ayer 12 Salyan Oj Bahadur 11 Humla Gobinda Bahadur 8 Kapilbastu Pasupatimani 9 Mustang10 Aaitelal Tkakali Bardia 9857650037 G.C. Keshab 9848022593 Meera Sharma
VR Observa on Report (June 2011- Mid July 2012) 93 [email protected] [email protected] [email protected] [email protected] [email protected] 9841237159 [email protected] Central Executive Committee S.N. Name Designation Contact No. E-mail Address 123 Shrestha Surya Prasad 4 Shrestha Kapil Prof. 5 Netra Timsina Dr. 6 Ganga Kasaju Chairperson Shrestha Bishnu Pukar Khadka Kedar Co-chairperson Co-chairperson Co-chairperson Co-chairperson 9851026282, 4721135 9851017277 [email protected] Co-chairperson 98510006331415 5528975, 9841510682 9841227573/ 5522461 (R)16 Sunar Tej [email protected] [email protected] [email protected] Rana Bahadur Thebe 9851072225 [email protected] Stella Tamang Member [email protected] Member Member 9851067539 9851030437, 4480085 [email protected], 789 Gopal Krishna Siwakoti Dr. 10 Shobha Gautam11 Kharel Bhawani Prasad 12 Prasai Charan Kumar Secretary General13 Lal Das Gauri Shankar Dr. Shanta Lal Mulmi Treasurer Sudarshan Subedi Secretary General Dty. 9851035876 Member Member17 9851040165 Member Durga Sob Member [email protected] 9851077570 9851042681 9803258744 [email protected] [email protected] 9851056303/ 5539375(R) 9851059360 [email protected] [email protected] [email protected] Member 9851083231 [email protected] Annex-4 Annex-4
94 VR Observa on Report (June 2011- Mid July 2012) [email protected] [email protected] 9851035876 [email protected] 9841338434 [email protected] 9841563539 [email protected] 9841455504 [email protected] 9841517129 [email protected] 9851089839 [email protected] 9841245981 [email protected] 9741114552 [email protected] 9843135262 [email protected] National Secretariat Project Director Project Project Coordinator Project M and E Officer Statistician cum IT Expert Finance Consultant ECN Based TechnicalAspect ECN Based TechnicalAspect Office Assistant Dr. Gopal Krishna Siwakoti/ Dr. Prof. Kapil Shrestha Kapil Prof. Bibha Prajapati 9851017277 [email protected] Binod K. Vishwakarma Bikal Shrestha Bikal Kanchan Prasad kharel Prasad Kanchan Subhash Sapkota Narendra Ghimire Gurung Udaya Kumar 9849069349 [email protected] Shobha Poudel Bhusal Shobha Poudel Parbati Poudel Parbati S.N. Staff Name Post Contact No. Email Address 1. 2. 3. 4. 5. 6.7. Singh Prasun 8. Gautam Pradip Officer Program Assistant Project 9813889511 9851095075 [email protected] [email protected] 9. 10.
VR Observa on Report (June 2011- Mid July 2012) 95 Annex-5
VR Observation Questionnaire Part : 1 Status of Voter Registration Process
1. Civic Educa on Program in connec on with voter data collec on - o Eff ec ve o Sa sfactory o Ineff ec ve
2. Analysis of prac ce in equality during voter registra on- o Right o Sa sfactory o Ineff ec ve
3. Situa on of legal exclusion and restric on- o Right o Sa sfactory o Wrong
4. Role and par cipa on of poli cal party during collec on of voter registra on- o Ac ve o Sa sfactory o Inac ve
96 VR Observa on Report (June 2011- Mid July 2012) 5. Role and par cipa on of media sector and civil society during collec on of voter registra on - o Ac ve o Sa sfactory o Inac ve
6. Par cipa on of senior ci zens, women, Dalit, Janaja s, third gender, disables and youths- o Ac ve o Sa sfactory o Inac ve
7. Informa on dissemina on by the Elec on Commission during the collec on of voter registra on - o Eff ec ve o Sa sfactory o Ineff ec ve
8. Process of publishing preliminary voters list- o Believable o Sa sfactory o Unbelievable
9. Opportunity and procedure to revise the iden fi ed errors in the voter registra on process.- o Eff ec ve o Sa sfactory o Ineff ec ve
10. Publicize the last data registered- o Right o Sa sfactory o Ineff ec ve
VR Observa on Report (June 2011- Mid July 2012) 97 11. Status of disaggregated data- o Right o Sa sfactory o Ineff ec ve
12. Reason for absentee voters (if any)- o Discrimina on o Voters' Unwillingness o Geographical diffi cul es
13. Mo va on to acquire ci zenship for the voter registra on process- o Maximum o Average o Very few
14. Immediate response by the concerned sector to provide ci zenship- o Ac ve o Sa sfactory o Inac ve
15. Con nua on of voter registra on process- o Eff ec ve o Sa sfactory o Ineff ec ve
16. Role of employees/ social workers employed by the ECN- o Ac ve o Sa sfactory o Inac ve
98 VR Observa on Report (June 2011- Mid July 2012) Part : 2 Voters' eligibility and benchmarks 1. Opportunity to be provided in a con nuous manner for the eligible candidates during the voter registra on process- o Equal o Mixed o Unequal 2. Preven ve process during voter registra on process- o Eff ec ve o Sa sfactory o Discriminated
3. Steps undertaken to incorporate eligible voters and stop mul ple vo ng along with removal of the deceased person's name- o Eff ec ve o Sa sfactory o Full of mistakes
4. Proofs regarding absence of names of eligible voters and presence of names of ineligible voters- o Pre-planned o By accidents o Pointless
5. Status of propor onal representa on based on popula on of women, men and third genders- o Right o Sa sfactory o Wrong
VR Observa on Report (June 2011- Mid July 2012) 99 6. Status of propor onal representa on of minori es and backward groups in the voters list- o Right o Sa sfactory o Wrong
7. Status of internally displaced in the voter registra on process- o Right o Sa sfactory o Wrong
8. System of process to incorporate migrated ci zens in the registra on process- o Not done o Done o Discriminated
9. Status of registra on for temporary residents- o All registered o Par ally registered o Not registered
10. Status of non- discriminatory and widely adopted legal process- o Right o Sa sfactory o Wrong
11. Status of uniformity in the legal aspect for eligible voters- o Right o Sa sfactory o Wrong
100 VR Observa on Report (June 2011- Mid July 2012) 12. Status of opportunity to address the complaints- o Right o Sa sfactory o Wrong
13. Percentage of par cipa on in the voter registra on process- o High o Average o Low
14. Status of data collec on for the voters residing in rural area- o Good o Sa sfactory o Not at all
15. Reason for the absence of large number of voters in the registra on process- o Poli cal o Geographical o Natural disaster
16. Status of ac vi es opposing the voter registra on process- o High o Minimum o Not at all
VR Observa on Report (June 2011- Mid July 2012) 101 Annex-6
NEOC in Action
NEOC Secretariat
102 VR Observa on Report (June 2011- Mid July 2012) VR Orientation Trainings Dialogues and Consultations on VR
VR Observa on Report (June 2011- Mid July 2012) 103 Monitoring Mission
104 VR Observa on Report (June 2011- Mid July 2012) NEOC Observers: Door to Doors
VR Observa on Report (June 2011- Mid July 2012) 105 Replica of filled Questionnaires forms from the districts
106 VR Observa on Report (June 2011- Mid July 2012) References
• Interim Constituion-2063 (2006) The Interim Cons tu on of Nepal is the consensus document promulgated a er the signing of the Comprehensive Peace Agreement. It has been amended for the fi h me as the poli cal development advanced in due course of transi on.
• Comprehensive Peace Agreement (CPA) 2064 (2006) The CPA is the historical document signed between the government of Nepal and the CPN (Maoist) by formally ending the war with provisions for the management of arms and armies along with advancing the peace process with poli cal consensus and commitment
• Constituent Assembly Election Act- 2064 (2008) The document provides all the necessary informa on about the CA elec on, such as that on the Elec on Commissioners, Electoral Process, Sta s cs, Polling centers, poli cal par es registered elec on code of conduct, Elec on observa on, etc.
• Kathmandu Declaration on Free and Fair Election, 2056 (1999) The booklet is a collec on of declara on papers, le ers, press releases and speeches from the fi rst mee ng of the Chief Elec on Commissioners of SAARC Countries, which was held in Kathmandu in February 1999.
• The Election Code of Conduct, 2064 (2007) The booklet enlists the conduct to be abided by the poli cal par es and candidates, elec on expenses, code of conduct for government, mass media and other stakeholders, plus miscellaneous informa on.
VR Observa on Report (June 2011- Mid July 2012) 107 • Observation Passport 2064 (2008) The report is a handbook produced by NEOC containing all useful informa on, code of conducts and interna onal principles of elec on observa on.
• Various literatures produced by ECN, IFES, the Carter Center and other related groups
• NEOC Election Observation Reports: 1991, 1994, 1999, 2008, 2009
• VR Observation Reports: REFLECTION (2011) and ELECTORATE (2012)
• Schedler, Andreas (2002) Elec ons without Democracy –The Menu of Manipula on, Journal of Democracy Vol. 13 No. 2 pages 36-50
• USAID, Electoral Security Framework, Technical Guidence Handbook for Democarcy Governence Offi cers, USAID, July, 2010
Cited Sites • www.nepalelec onportal.org/ • www.nepalhomepage.com/general/history.html • www.cartercenter.org/homepage.html • www.anfrel.org • www.europa.eu/index_en.htm • www.elec on.gov.np • www.inhuredinterna onal.org • www.neocelec on.org
108 VR Observa on Report (June 2011- Mid July 2012)