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.