Palestinian Elections

Palestinian Elections An Evaluation of the Pre-Election Process, Including the Conclusions of the Monitoring Process Conducted by PCHR on the Registration of Voters in the Fourth Quarter of 2004 (The Gaza Strip) Introduction .........................................................................................................3 Elections ...............................................................................................................7 The Right to Vote and to Be Nominated for Candidature ..........................8 Registration of Electors ..................................................................................8 Methods of Registration of Electors ..............................................................9 Monitoring of Elections ..................................................................................9 Palestinian Elections of 1996 ............................................................................11 Central Election Commission.......................................................................12 The Electoral Register ..................................................................................13 Observation of Elections...............................................................................14 Observation of Palestinian Elections of 1996 by PCHR ........................14 PCHR's Work As an Accredited Monitoring Organization .........................29 Accreditation of PCHR As a Local Monitoring Organization..................29 Training of Monitors.....................................................................................29 Distribution of Monitors...............................................................................30 What Do We Monitor? .................................................................................30 Receiving and Analyzing Information.........................................................31 Information about the Centers Visited........................................................31 The Registration Process ..................................................................................33 Additional Measures to Encourage Registration .......................................34 Extension of the Period of Registration.......................................................35 Publication of Initial Electoral Register for Inspection.............................36 Amendment of Law 13 of 1995 Relating to Elections and Accreditation of the Civil Register for Elections ....................................................................37 Measures Taken by the CEC to Implement the Amendment ...................38 Final Electoral Register ................................................................................38 Evaluation of Registration of Electors ............................................................40 Timing and the Influence of the Political Environment ............................40 Israeli Occupation .....................................................................................40 Palestinian Internal Situation ..................................................................42 Disruption of Registration of Electors by IOF Attacks .............................44 Transparency and Monitoring of Registration ..........................................47 Local and International Observation ......................................................47 1 Partisan Entities ............................................................................................48 Public Campaign and Awareness Raising for Registration ......................49 The Registration Period................................................................................50 Efficiency of Registration Centers...............................................................51 Proximity to Communities and ease of Identification of Registration Centers........................................................................................................51 Suitability of Registration Centers for Disabled People........................53 Capacity of Registration Centers.............................................................55 Registration Teams .......................................................................................55 Commitment to Official Work Hours .........................................................56 Verification of Electors' Qualifications.......................................................57 Access of Unauthorized Persons into Registration Centers ......................58 Registration Forms........................................................................................59 Keeping Electoral Materials.........................................................................61 Shipment of Tamper Evident Bags..............................................................61 CEC's Reponses to PCHR's Notes and Inquiries.......................................62 Initial Electoral Register...............................................................................63 Dealing with Rejections ................................................................................64 Amendment of Law 13 and Accreditation of the Civil Register...............64 Final Electoral Register ................................................................................64 Conclusions ........................................................................................................65 2 Introduction On the 15th of November 2004, the acting President of the Palestinian National Authority (PNA) Mr. Rawhi Fattouh issued a presidential decree specifying the 9th of January 2005 as the date for holding presidential elections in order to choose a new president for the PNA, to succeed the late President Yasser Arafat. This decision came in the context of a series of steps taken by the Palestinian political leadership to ensure a peaceful transition of authority following the death of President Arafat on the 11th of November 2004. These steps included: Mr. Mahmoud Aabbas (Abu Mazen) was elected as Chairman of the Executive Committee of the Palestine Liberation Organization (PLO) to succeed President Arafat who held the responsibilities of this post for decades. The selection of Mahmoud Aabbas was made in accordance with the laws that govern the PLO and its institutions. Mr. Rawhi Fattouh, Speaker of the Palestinian Legislative Council (PLC), swore a constitutional oath and became the temporary president of the PNA for a period that not to exceed 60 days. During this time free and direct elections should be organized in accordance with Article 37 of the Palestinian Basic Law. The decision to hold elections given such a tight time-schedule is a difficult practical task, in respect of both the political environment and the logistical and technical preparations necessary for organizing and holding elections. The decision coincided with the final stages of preparing the electoral register, a process which was conducted by the Palestinian Central Election Commission (CEC) since the 4th of September 2004. the preparation of this register is an important and basic element of the election process. The registration process was started without a fixed date for the holding of general elections being set. The CEC decided to make advance preparations to prepare for the possibility of a decision by the PNA to hold the presidential and parliamentary elections simultaneously. When making their decision the CEC took into consideration the fact that the electoral register is valid for holding elections for up to one year. However, the sudden death of President Yasser Arafat necessitated the holding of presidential elections in a period not exceeding 60 days after the Presidency became vacant, according to the Palestinian Basic Law. To date the holding of parliamentary elections remains outstanding sine die. 3 The late President Yasser Arafat issued a presidential decree on the 21st of June 2004, assigning the 4th of September 2004 as a date for starting the registration of voters, without specifying a date for holding the elections themselves. Registration centers were opened on that date. The process was supposed to be concluded by the 7th of October 2004, so that the preliminary electoral register would be published on the 20th of November 2004, in accordance with the Presidential decree. However, the number of citizens wishing to register was small, for several reasons which will be detailed later on in this report. This forced the CEC to take a series of measures, including extending the registration period. Given that no date was specified for holding the elections and due to the difficulties that faced the registration process, PCHR learnt that the CEC decided not to publish the preliminary electoral register on the date specified by the Presidential decree. To facilitate this, the CEC asked then President Yasser Arafat to approve this decision, which he did.1 In light of the developments in the OPT following the death of Arafat, a presidential decree was issued assigning the 9th of January 2005 as date for holding the presidential election. According to that decree, the CEC was authorized to resume the registration process to facilitate the Palestinian electorate who had not been able to register during the previous period assigned for registration. In fact, the CEC took a series of steps to resume the registration process and proceed with the subsequent stages of the election process. One of these steps was the reopening of registration centers

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