Report of the Quaker Peace Network Election Monitoring Program Communal (“Municipal”) Elections, May 24, 2010 Executive Summary 218 observers who were trained in election monitoring and signed a code of conduct for election observers submitted reports in response to a list of 40 standardized questions. These reports cover parts of 12 provinces, but should not necessarily be considered representative of the country as a whole. The accounts presented in this report do not consider pre- or post- election day activities but instead focus on May 24, 2010. The claims made herein have not been externally verified by third parties or additional follow-up with the CEPI or other body, and should therefore be used for identifying potential problems to further investigate rather than as a comprehensive account of the truth. The findings in this report have not been externally verified by third parties or through additional follow-up with the Independent Communal Electoral Commission (CECI) or other bodies. They should therefore be used to identify potential problems to investigate further rather than as a comprehensive account of the truth. The findings do not necessarily reflect the views of the members of QPN-Burundi, but reflect the statements of election observers participating in the program. The observations do not provide support for claims of systematic attempts to rig the elections on election day, though they do provide prima facie claims of problems that prevented the free and fair expression of the opinions of at least some voters. Recommendations To the Government of Burundi and the Independent National Electoral Commission: 1. Ensure elections begin on time, and that proper voting materials are in place before hand to reduce delays making it easier to ensure that staff complete all tasks required. This means, for example, verifying not just that flashlights are present, but that they have working batteries. 2. Ensure all polling station officials have a badge or other visible symbol of their official status. 1 3. Implement a more efficient system for telling voters which polling station they should go to if they do not know, in line with Article 20 of the electoral code which states that electoral rolls are public and can be viewed by anyone. This would prevent voters from traveling from station to station trying to discover where they are registered. 4. Ensure adequate training for prevention and response to disturbances and jockeying for position in the voting queue. 5. Provide clear rules for when people are allowed to move to the front of the queue and who is responsible for ensuring that people given special access are informed of this. 6. Provide voting booths that ensure full privacy, including for those with special needs. 7. Ensure that Batwa are properly represented among the staff of polling stations. 8. Ensure that all polling stations count all envelopes, both those of the white and black boxes. 9. Include a space for signatures of independent observers on the minutes (PV). 10. Work on developing a transparent process for transmitting sealed ballot boxes to the Communal Independent Electoral Commission (CECI), then to Provincial Independent Electoral Commission (CEPI), then to CENI, including through observers monitoring this process. 11. Provide greater transparency in all aspects of the process. If additional ballots are needed, and printed, share this information beforehand to prevent the spread of rumors. To the Political Parties 1. Work with political observers to ensure they know their responsibilities, including the need to stay until the end of the count and only sign the minutes (PV) after all votes have been counted. Observations Timing According to our observers, the polls did not open on time at 45% of the polling stations, though in many cases the delay was only 30-40 minutes. The greater problem was delays observed in Gitega Province, where polling stations closed for up to 4 hours in some cases due to a lack of voting cards for Parti du Peuple (PP) and an independent candidate. Consequently, some polling stations were kept open past the original closing time of 4 p.m and, as a result, some polling stations did not complete counting ballots until late into the night or even the next morning. This contributed to situations where not all black envelopes were counted and led some political party observers to return home before vote counting was completed. In addition, some voters were turned away without voting. While this may have been few people in most places, in Bugendana in Gitega Province, the observer reported that many people were still waiting to vote, and in Buyenzi Commune in Bujumbura Mairie, the observer reported that people were sent away from the polling station by staff at 4 p.m because they did not have their identity cards.. In at least one case, documented in Gitega Commune in Gitega Province voters frustrated with the lack of voting cards for Parti du Peuple returned home without 2 voting. Polling station and voting materials 40 observers (18%) stated that the voting materials provided were insufficient. This includes the aforementioned lack of voting cards, the inadequacy of voting booths, and the inadequacy of alternative sources of light when the electricity went off. Some observers found, in addition to the shortages, that the number of cards was not equal for each party, which they found surprising since it is not difficult to have the same number of cards for all parties involved. Many felt that the voting booths (“isoloirs”) did not provide sufficient privacy for voters. Furthermore, while in most cases lamps or flashlights were available when the electricity went out, in two cases in Gitega and Makamba provinces their batteries were not charged and did not work, and in a polling station in Kayogoro in Makamba Province there were neither lamps, flashlights, nor candles to provide light. Secrecy, safety and attempts to influence voters. In addition to the concern that people's privacy was not protected by the voting booths, there were incidents of people trying to influence voters and the voting process. In 66 voting stations (30%), the observers reported that there was not sufficient secrecy for voters. At the most basic level, there were many cases of isolated individuals trying to convince others in the queue to vote for one party or another, wearing clothing with symbols of a political party, or simply ostentatiously showing who they had voted for. In general, staff of the polling station stepped in to end these violations. Such incidents also occasionally escalated into violent confrontations, for example, in Giheta Commune (between National Council for the Defense of Democracy-Forces for Defense of Democracy (CNDD-FDD) and Union for Peace and Development-Zigamibanga (UPD- Zigamibanga) supporters) and Gitega Commune (parties unknown) both in Gitega Province. Another example of attempts to intimidate people through violence occurred in Buterere in Bujumbura by supporters of the National Liberation Forces (FNL) and UPD-Zigamibanga. In Buyenzi, in Bujumbura Mairie, there were two allegations of violent confrontations, one ended by the police and the second requiring military reinforcements. Equal access In 53 voting stations (24%) observers reported that the staff of the polling stations did not represent all ethnic groups, with the lack of Batwa staff being the predominate issue. Representation of both men and women in each polling place, however, was almost universal. In all but 12 stations (94%), observers reported that people with disabilities were able to vote with ease and received proper assistance when required. Nonetheless, there were some incidents at various polling stations, such as where people with special needs were not informed of their right to pass to the front of the queue. In Gatara Commune in Kayanza Province, people jockeying for position within the queue pushed over a pregnant woman who 3 then lost consciousness, though she then received proper attention. Other reports suggested that some people took an inordinate amount of time to vote (for example, 40 minutes) or had difficulty with the envelopes, which suggests a lack of support and understanding of the voting process for some members of the population. Management of the Polling Stations In general, polling station staff appear to have done the best they could with available resources to ensure a free and fair situation for all voters, and there were only a small handful of polling stations where observers believed that the staff demonstrated a bias towards one party or another. In polling stations in Buterere (Bujumbura Mairie), Gitega Commune (Gitega Province), and Ruyigi Commune (Ruyigi Province), polling station staff allowed certain people to pass to the front of the queue on the basis of non-relevant characteristics, such as friendships or status. In Ruyigi Commune (Ruyigi Province), an observer at one polling station felt that the director of the polling station acted arrogantly when there were disagreements, such that other staff members did not feel that their opinions were considered. In Bugendana Commune (Gitega Province), an observer claimed that, as voting cards were being passed out, those of CNDD-FDD were systematically always placed on the top of the pile. In Ruhororo Commune (Ngozi Province), the president of a polling station allegedly left the station to speak to friends and listen to the radio. In at least four other stations, observers reported that members of the polling station left causing delays in the voting process. In Mutaho and Bugendana Communes (Gitega Province), persons were allegedly observed bringing voting cards into the polling station before being given voting cards. Another observer reported in Gitega Commune (Gitega Province) that more than one political observer from the same party was at the polling station and that they were attempting to influence the proceedings in a partisan manner.