SPECIAL REPORT SERIES THE CARTER CENTER WAGING PEACE ◆ FIGHTING DISEASE ◆ BUILDING HOPE OBSERVING THE 2001 NICARAGUAN ELECTIONS THE CARTER CENTER STRIVES TO RELIEVE SUFFERING BY ADVANCING PEACE AND HEALTH WORLDWIDE; IT SEEKS TO PREVENT AND RESOLVE CONFLICTS, ENHANCE FREEDOM AND DEMOCRACY, AND PROTECT AND PROMOTE HUMAN RIGHTS WORLDWIDE. OBSERVING THE 2001 NICARAGUAN ELECTIONS FINAL REPORT BY DAVID R. DYE WITH SHELLEY A. MCCONNELL THE CARTER CENTER THE DEMOCRACY PROGRAM ONE COPENHILL ATLANTA, GA 30307 (404) 420-5188 FAX (404) 420-5196 WWW.CARTERCENTER.ORG APRIL 2002 THE CARTER CENTER NDINDI OBSERVING THE 2001 NICARAGUAN ELECTIONS TABLE OF CONTENTS Foreword ........................................................................................................................................................ 2 Acknowledgments ........................................................................................................................................ 3 List of Delegates ............................................................................................................................................ 5 Executive Summary ...................................................................................................................................... 7 The Pre-Election Period ............................................................................................................................... 9 The Election and the Center’s Observation ............................................................................................... 19 Conclusions and Recommendations ........................................................................................................... 29 Appendices .................................................................................................................................................... 39 1. Statement of The Carter Center’s First Pre-Election Delegation, July 22, 2001 ........................ 40 2. Electoral Bulletin, Sept. 24, 2001 ................................................................................................... 44 3. Statement of the Second Pre-Election Delegation, Oct. 3, 2001 ................................................. 46 4. Electoral Bulletin, Nov. 1, 2001...................................................................................................... 50 5. Statement by Former U.S. President Jimmy Carter, Nov. 3, 2001 .............................................. 52 6. Post-Election Statement, Nov. 7, 2001 .......................................................................................... 54 7. Deployment List, Nov. 4, 2001 ....................................................................................................... 57 8. Election Day Checklist, Nov. 4, 2001 ............................................................................................ 58 9. Final Election Results........................................................................................................................ 59 The Carter Center At A Glance ................................................................................................................. 61 1 THE CARTER CENTER NDI OBSERVING THE 2001 NICARAGUAN ELECTIONS FOREWORD he Carter Center has broad experience in mistaken for endorsement of the prevailing rules. observing elections around the world, but The results in the presidential race were clear and Tthe depth and duration of our engagement were accepted gracefully by the candidates, but in Nicaragua make it a special case. I first observed controversy surrounded decisions over which Nicaraguan elections in 1990 when Violeta Chamorro parties and candidates were permitted to run. won the presidency, ending 11 years of government Popular skepticism about partisan manipulation by the revolutionary Sandinista National Liberation of electoral rules suggests that such exclusionary Front. In 1995, I returned to mediate an agreement practices violate Nicaraguans’ common-sense on property to help overcome the impasse that had resulted from nationalization of homes and farms. In 1996, we once again monitored the elections, but irregularities undermined confidence in the process for the future. And so, at the invitation of Nicaragua’s Supreme Electoral Council, we returned in 2000 for the municipal vote and in 2001 to monitor national elections. Democracy is not created overnight and certainly not by elections alone. It takes many years to develop effective democratic institutions and IAMOND D generations for citizens to assume democratic habits ICK R of lobbying their legislators for better laws, using the vote to hold presidents accountable and expecting notions of what is democratic and could eventually impartial, speedy justice from the courts. But free corrode the system’s legitimacy. elections are an essential element of that process. Change will be needed for Nicaraguans to have Nicaragua’s 2001 elections were framed by a full confidence in their electoral system, one of the political pact between the Sandinistas and Liberals cornerstones of democracy. In this report The Carter that ostensibly was designed to favor creation of a Center makes recommendations for ways to improve strong two-party system but clearly worked to laws and electoral administration to enhance their exclude other parties and alliances. The legislature neutrality, efficiency, and effectiveness. I invite altered the constitution and electoral law to favor Nicaragua’s new leadership and active citizenry to the two collaborating parties, establishing a partisan discuss these suggestions publicly and with an eye to election authority troubled by inefficiency and even bold reforms that can steer Nicaragua more firmly in deadlocks in election administration. a democratic direction. ■ The success of the election resulted from the highly professional work of domestic monitoring groups and international technical advisors, dedi- cated polling station workers, and patient voters. Their desire to participate in this national decision despite the narrowed political options should not be 2 THE CARTER CENTER NDINDI OBSERVING THE 2001 NICARAGUAN ELECTIONS ACKNOWLEDGMENTS icaragua’s Supreme Electoral Council is headquartered at The Carter Center. Mr. Dye was invited The Carter Center to monitor the also the principal author of this report. N2001 national elections, as we had done in A month in advance of the elections, The Carter 1990 and 1996. Given the concerns that had been Center fielded six medium-term observers to locations raised by politicians and civil society leaders with in the interior, including the North Atlantic Autono- respect to the evolving electoral rules, and because mous Region. Greg Bowles, Sandra Flores, Andrew the 1996 elections had not consolidated Nicaragua’s Katona, Jacqueline Mosquera, Debbie Palmer, and transition to democracy, the Center agreed to Chris Stevenson deserve much of the credit for the observe. In accepting the invitation we were also success of this mission, having worked tirelessly to cognizant of growing political polarization, which gather information from election officials, party resulted after two candidates with deeply entrenched representatives, and other citizens in the departments ideological and personal differences – Daniel Ortega and regions under their watch. and Enrique Bolaños – emerged as the frontrunners. As election day approached, short-term The Carter Center applies various electoral observers joined the effort and we were able to observation methods, tailoring the combination of place two in each department or region. Among activities to suit the particular circumstances in each them were nine Emory University students who had country. In Nicaragua, where national observers were studied Nicaraguan politics all semester to prepare expected to be present in fully half of the polling for their role as observers, and who conducted places and party agents from the two dominant themselves responsibly and made a valuable contri- parties were able to obtain nearly complete cover- bution to the mission. In addition, our delegation age, our help was not primarily needed to measure included many seasoned observers and Nicaragua compliance with electoral procedures in the polling experts, including some who had authored books booths on election day. Rather, we focused on and journal articles on that country. monitoring technical preparations, the campaign The Sandinista, Liberal, and Conservative climate, transmission and tabulation of the vote, and parties each invited us to place a liaison in their processing of challenges. headquarters to assure good communication with To accomplish these tasks, in July 2001 we the Center’s leadership. Miriam Kornblith, Carlos employed a field representative who would stay on Walker, and Aaron Schneider undertook those duty through the January 2002 inauguration and liaison roles. We also assigned Paulo de Miranda, a publication of this closing report. David Dye served us technical consultant with experience in dozens of admirably in the post, having worked in Nicaragua for elections, to track the transmission and tabulation many years as a political and economic analyst, of the vote at the National Counting Center. journalist and consultant. Mr. Dye facilitated two We were lucky to have former U.S. President pre-election visits in July and September, the second Jimmy Carter and former Costa Rican President of which was led by former Peruvian President Oscar Arias