CDWS preliminary report on Anse Boileau by-election |28 February 2018
‘Generally free, peaceful and transparent’
“The Anse Boileau by-election was generally free, peaceful and transparent.”
The statement comes in the preliminary report of the Citizens Democracy Watch Seychelles (CDWS) on last weekend’s by-election in the Anse Boileau district.
The by-election was contested by three candidates – Philip Arissol representing the Linyon Demokratik Sesel (LDS), Ralph Volcère (independent candidate) and Louis Loizeau representing the Seychelles Patriotic Movement (SPM).
LDS’ Arissol emerged as the winner with 1,231 votes, followed by Volcère with 88 votes and Loizeau with 39 votes.
According to the CDWS, the preliminary report underscores both good practices and shortcomings in the conduct of the by-election. CDWS says it will continue to observe the post-election phase and produce its final report on the electoral process which will be submitted to the Electoral Commission in due course.
The report reads:
“The Anse Boileau bi-election was prompted by the resignation of the member of the National Assembly for Anse Boileau, Patrick Pillay, on Monday January 29, 2018. The political environment preceding the polls was marked by non-participation of the ruling party. The Mission took notice that the unexpected passing of the chief registration officer together with the sudden resignation of the chairperson of the Electoral Commission caused some challenges to the running of the Anse Boileau by-election. CDWS notes that the Electoral Commission placed the recruitment process for a chief registration officer on-hold, and that the Voters Register was certified by a temporarily appointed chief registration officer.
PRELIMINARY FINDINGS
Electoral Commission
The Mission notes the challenging context within which the Electoral Commission had to conduct the Anse Boileau by-election. CDWS commends the remarkable effort made by the Electoral Commission to prepare the elections within a short timeframe. However, CDWS noted the following:
• Stakeholders we interacted with, expressed dissatisfaction with timeliness and effectiveness of the communication protocols of the Electoral Commission.
• The stakeholders consulted generally expressed concerns on the management of the Electoral Commission and its secretariat.
The Mission observed that the commission lacks standard operating procedures for the period between nomination day and polling day. Furthermore, the Mission notes that the Electoral Commission did not adhere to an open and transparent recruitment process for the appointment of the chief elections officer and electoral officials.
CDWS also notes that the existing governance structure of the Electoral Commission does not make provision for a vice-chairperson to assist the chairperson and also deputise in the absence of the chairperson.
Nomination of candidates
CDWS observers were present throughout the nomination process. It was observed that the entire nomination process and verification of nomination documents was fully covered by the media. While this is good for transparency of the process it does not guarantee protection of the identity of the endorsees.
It was observed that the nomination process was tedious and that there was lack of consistency in the manner in which verification of names of the nomination form was undertaken. Furthermore there were no measures in place to verify the authenticity of endorsees.
Accreditation of observers
CDWS notes that the Electoral Commission has a handbook for electoral officers. This handbook outlines the process and procedures for electoral officials and other stakeholders on polling day. However, there are no documented standard procedures for nomination day, accreditation of observers and party agents.
Printing of ballot papers
CDWS notes that there was consensus by all candidates and the Electoral Commission to print the ballot papers locally. The Electoral Commission informed that it had approached six printing agencies. CDWS notes that the Electoral Commission procured the security papers which was kept in a secure location and then remitted to the printing agency on the day of printing. CDWS notes with concern that the arrangements for awarding of contract to the printing agency was not respected in view that candidates were not consulted before the final decision was made.
Stakeholders present at the printing process expressed that it was undertaken in a transparent and professional manner.
MEDIA REPORTING AND ALLOCATION OF AIRTIME
The media plays an essential role in fostering and upholding democratic societies. There was fairly balanced media coverage of pre-election activities in both public and private media although some irregularities in reporting has been reported.
The mission noted that the Elections Act make provisions to allocate free broadcasting time to the registered political parties of the candidates over and above the time allocated to the respective candidates. On the principle of fairness, there is a need to amend the Elections Act to reflect equitable treatment of all participating candidates.
There was also wide usage of social media for campaigning by political parties, candidates and citizens. CDWS observers were alarmed by the type of comments being made, the use of hate speeches, insults and character defamation.
VOTERS EDUCATION
Civic and voter education are indispensable to democratic consolidation, as they allow for the electorate to make informed choices on who decides on their governance priorities. The Mission recognises the efforts made by the Electoral Commission to improve on information to voters via the state-owned media and to collaborate with CSOs to enhance the voter education component.
On the other hand, CDWS observed that the Electoral Commission did not air the Voter education spots developed by two non-governmental organisations as mutually agreed.
CDWS also observed that there was limited use of social media by the Electoral Commission, as a voter education tool.
LAW ENFORCEMENT
Stakeholders we interacted with expressed their appreciation in the manner in which the Police have been involved throughout the pre-election and election phase. Their presence at the polling stations was neither intrusive nor intimidating.
COMPLAINTS
CDWS notes that the Electoral Commission established a complaints mechanism and that this was utilised by candidates. However, there is a need for a greater collaboration with the Police force to ensure follow-up action on complaints lodged.
CDWS received reports of intimidation and inducement of voters. However, these could not be verified and confirmed. CDWS observed party agents transporting voters to and from the polling stations throughout the day. We also witnessed a confrontation within the 100m perimeter of the Anse Boileau polling station. This incident was dealt with by the Police.
POLLING DAYS
CDWS observers witnessed the printing of ballot papers as well as the transportation of the ballot papers from the secured location to the secretariat of the Electoral Commission prior to polling day. CDWS was also present during the sorting of ballot envelopes from all the special polling stations. On the main polling day, CDWS observers escorted the transfer of the ballot box containing the special ballots to the Anse Boileau polling station.
The CDWS Observer Mission observed the following:
1. Most polling stations opened on time and in most polling stations visited, the pre-opening and opening procedures were adhered to, in accordance with provisions of the Elections Act;
2. The alphabetical streaming of voters at Anse Boileau and the layout in most polling stations was satisfactory. However, some locations used as polling stations were not easily accessible to persons with disabilities and the elderly.
3. Few voters encountered difficulties in casting their votes as their names did not appear on the certified voters register for Anse Boileau;
4. Lack of uniformity in application of some voting procedures;
5. Inadequate lighting within the 100m vicinity of the Anse Boileau polling station at nightfall;
CLOSING, COUNTING and ANNOUNCEMENT OF RESULTS
The following were observed, during closing and counting:
1. Most of the polling stations closed at the prescribed time. CDWS observed that voting hours at the North East Point Hospital special polling station was extended by one hour.
2. The reconciliation of unused ballot papers and counting of ballots was done in the presence of polling agents, candidates and observers. However, CDWS observers noted that there was a bit of interference in the process and repetitious reconciliation of unused ballot papers.
3. The Mission recognised the efforts of the Electoral Commission to enhance the transparency of the process by officially announcing the results at the Anse Boileau polling station.
RECOMMENDATIONS:
Based on its preliminary findings, the CDWS hereby formulates the following recommendations:
To the Electoral Commission:
1. To develop quality standard operating procedures which should be followed and implemented by any authorised member of the Electoral Commission.
2. Review the existing handbook for electoral officers to include procedures for nomination day and accreditation of observers.
3. Revisit the existing nomination procedure and put in place measures to verify the authenticity of names of voters endorsing the candidates to ensure that voters’ names are not used without their consent.
4. Consider the possibility of issuing voters’ card whereby each voter would be assigned with a unique voter registration number to protect voters from identity theft during the nomination process.
5. Improve training of polling station officials and application of the handbook for Electoral officers to ensure consistency in the application of all procedures.
6. Improve conditions of polling stations to be fully accessible to voters with disabilities.
7. Reduce the voting period for bi-election to one day.
8. Develop and implement a comprehensive and continuous voter education for the electorates and not just during election periods.
9. Implement transparent recruitment and procurement procedures.
10. Improve communication protocols with stakeholders and establish an official corporate email address for communicating with stakeholders.
To the Media Commission
11. Develop a binding code of conduct to regulate media reporting on elections, in collaboration with the Electoral Commission.
CONCLUSION
CDWS recognises the effort of the Electoral Commission and all electoral officials in managing the Anse Boileau by-election. Based on its observations and preliminary findings, the CDWS concluded that the Anse Boileau by-election was generally free, peaceful and transparent.
The Mission urges all citizens and political leaders to be more tolerant towards divergent views and strive to respect the dignity of all fellow citizens.
CDWS reiterates the need for all citizens and electoral stakeholders to play a constructive role in strengthening our country’s democratic processes, bearing in mind that a Free, Fair, Credible and Transparent electoral process is a key building block towards political stability, democratic governance and socio-economic development.
The CDWS reaffirms its commitment to actively engage and promote the fundamental principles of democracy and good governance.”