Carter Center Election Observation Mission in Nepal Fifth Pre-Election Statement February 2008

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November 2007 Statement by Former U.S. President Jimmy Carter February 2008 Calls on Nepal's Government and All Parties

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Observation Mission in Nepal - Fifth Pre-Election Statement

Following more than a year of continuous observation, including visits to all of Nepal's 75 districts, the Carter Center has recently redeployed a team of 13 long-term observers (LTOs) in preparation for the April 10 constituent assembly election. The observers represent eight different nationalities including Chile, United States, Canada, United Kingdom, Cameroon, Italy, Bosnia and Herzegovina, and Singapore. The LTOs will travel throughout Nepal to assess the political and electoral environment in the period leading up to, including, and immediately following the election.

They will be joined by a larger delegation of observers closer to election day.

Nepalis are concerned by the ongoing problems in the Terai, the poor security environment around the country, and recent election-related violence and threats. The responsibility to address these challenges quickly and effectively falls directly on the government.

The Carter Center is encouraged by ongoing talks with Madhesi leaders and hopes that this indicates the government's renewed commitment to addressing the challenges the country is facing as it prepares for the April 10 election.

"The government must convince Madhesis and other marginalized groups that it is ready to treat them with the dignity and respect they deserve," said former U.S. President Jimmy Carter. "At the same time, Madhesis should recognize that the constituent assembly election offers them unprecedented access to political power. With less than two months before the election, I encourage all sides to seek compromise in the best interest of Nepal."

The Carter Center also notes with concern the reports of threats and violence related to election campaigning.

"All parties, no matter what they stand for, should be allowed to campaign freely everywhere in Nepal," said Carter Center Field Office Director Darren Nance. "This is a basic principle of democracy and all of Nepal's political parties should publicly and repeatedly express their commitment to uphold it."

In its fifth pre-election statement, availabe below, The Carter Center shares its observations and recommendations about the ongoing electoral process in Nepal, based on more than a year of continuous international election observation by long-term observers and headquarters staff.

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INTRODUCTION

After two postponements in 2007, Nepal's constituent assembly election is now scheduled for April 10, 2008. The Carter Center is encouraged that all parties have pledged their renewed commitment to a credible and successful election on this date and have taken positive steps to achieve this goal including holding Seven Party Alliance (SPA) mass meetings around the country, creating a High-Level Government Steering Committee as called for in the 23-point agreement, and visible campaigning and other electoral preparations by political parties and the Election Commission of Nepal. These actions have created positive momentum and have demonstrated unity of purpose, common vision and shared responsibility within the SPA. This is a victory for the peace process and Nepal's political leaders are congratulated for their hard work and dedication.

The Center also commends the government and Madhesi leaders for recently initiating talks after many months of violence and unrest in the Terai. These talks appear to be a serious effort to resolve the ongoing challenges in order to pave the way for a successful April 10 election. Such challenges are exemplified by the recent bombing of the District Election Office in Nepalgunj, as well as the other bombings that have taken place during political party mass meetings with the declared intention of derailing the election until Madhesi demands are met. The Carter Center strongly condemns this violence. Additionally, the recent general strike in the Terai has once again shut down daily life and is hampering the delivery of election materials and the deployment of election officials. The government and Madhesi leaders should agree swiftly on effective action to resolve the multi-faceted challenges in the Terai in order to end the continuing instability. Until they do so, the entire country will continue to suffer from the direct and indirect effects of the unrest.

Additionally, while the ongoing talks with Madhesi leaders are a positive sign, Carter Center observers report that many Nepalis remain skeptical about the government's genuine commitment to an April 10 election. The prior postponements have created mistrust and cynicism amongst the public and behind closed doors even some politicians express doubt that the election will take place as scheduled. The Nepali people are worried about the consequences of another delay in the present fragile political environment.

As the party holding the key ministries of Home Affairs, Peace and Reconstruction, Finance, Defense, and the post of Prime Minister, the Nepali Congress is perceived by many to carry a significant share of the burden of responsibility for the challenges the country is presently facing regarding peace, security, implementation of agreements, and inclusion of marginalized groups. At the same time, the Maoists are blamed for continuing violence, harassment and intimidation, particularly against other party cadres. The combined efforts of these two parties together are necessary to hold the election successfully. However, ultimately all parties in the SPA will be held accountable. Implementing previous agreements is one clear and immediate way that the government could help to build confidence within the SPA and with marginalized groups, and which would create positive momentum for both the election and the wider peace process.

There is a strong sentiment among all Nepalis for just and sustainable peace, prosperity, and representative democracy. The constituent assembly election is a key part of the roadmap laid out in multiple agreements for achieving these goals.The Carter Center urges focused attention on the following issues in order to create a conducive environment for the election, and to ensure that this election achieves its intended purpose. These observations are based on information gathered by the Center's long-term observers and headquarters staff in national and local level meetings with Nepali officials, civil society leaders, marginalized groups, individuals, and international organizations.

Key points:

1. Resolve the immediate concerns of Madhesis and other marginalized groups

The Carter Center is encouraged by ongoing talks with Madhesi leaders, and hopes that this indicates the government's renewed commitment to addressing the challenges the country is facing as it prepares for the April 10 election. Now is the time for the state to convincingly demonstrate to Madhesis that it is ready to treat them with dignity and respect. At the same time, Madhesi leaders must also recognize that the Madhesi people stand to gain significantly from the constituent assembly election. With less than two months before the polls, not all demands can or should be resolved right now. Compromise will be required on all sides to ensure that the historic opportunity presented by the constituent assembly election is not missed. This election is the beginning, not the end of the process.

The Center also notes specific concern about the demand to change political party quota obligations in the election law. The implications of such a change for women, Dalits, other marginalized groups, and Madhesis themselves should be carefully analyzed to ensure that their numbers in the constituent assembly would not be reduced as a result. Additionally, such an amendment could slow electoral preparations.the government's dedication to the task at hand.
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2. Improve the security environment in the Terai and around the country

The overall security environment is poor, particularly in the Terai. Maoist and Young Communist League cadres carry out violence, extortion and harassment around the country, while the Janatantrik Terai Mukti Morcha factions, other armed Madhesi groups, and criminal organizations create terror in the Terai. This behavior is unacceptable and harms the rights, livelihoods, and physical safety of the very people these groups purport to represent. Developing appropriate methods to deal with these groups must be one of the top priorities in the talks between the government and Madhesi leaders. Security problems are exacerbated by the weak state of the Nepal Police and the Armed Police Force, which Carter Center observers report do not have the trust of the communities in which they work nor the capacity to operate effectively. Many Madhesis perceive the Terai-based Special Task Force (STF) in particular as a non-representative police presence that takes unjustifiable measures against Madhesi civilians. Improving security will require increased effort on all fronts, and must be accompanied by a political solution to the problems in the Terai.
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3. Mobilize party machinery for peaceful campaigning

Political campaigns are one clear way for parties to signal to voters their commitment to a peaceful and credible election in April. The Center is encouraged by the increased visible campaigning that has already taken place and hopes that political parties will further intensify their campaign activities and actively include local level party leaders. However, political parties must respect the guidelines prescribed in the electoral code of conduct and cease campaigns based on threats and intimidation of voters and opposition parties. Carter Center observers report that Maoist and YCL cadres in particular need to curb such activity. Additionally, the Center notes with concern the reported decision to re-activate the United Revolutionary People's Councils which previously served as parallel governments and were dissolved under the Comprehensive Peace Agreement.
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4. Ensure freedom of movement for all, regardless of ethnicity or political ideology

Carter Center observers report that real and perceived security threats impede freedom of movement around the country, as evidenced by recent bombings and attacks on political party mass meetings and election offices in the Terai. The Maoist party at the local level is reportedly responsible for curtailing the ability of other parties to campaign freely in certain areas. Such activity forces the public to doubt their commitment to a free and fair election. Additionally, in the Central and Eastern Terai large areas south of the highway are "no-go" zones for party representatives and officials alike due to violence by armed Madhesi groups. It is a main principle of democracy that all parties, regardless of their political ideology or ethnic composition must be allowed to campaign freely. Violence and intimidation undertaken to impede the free movement of rival political parties should cease immediately.
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5. Continue election preparations with a focus on logistics and security

The Carter Center commends the Election Commission at the central, regional and district levels for its professionalism and its impartiality towards all official and political actors. The Center also notes the Commission's appreciation for the work of the United Nations Mission in Nepal (UNMIN) electoral advisors at the central, regional and district level. Center observers express concern, however, about logistical plans for the election at the district level. In the lead-up to the planned November election, preparations in remote districts appeared heavily reliant upon central support ? especially in regard to election security. The current plan for recruiting and mobilizing a large number of temporary security personnel also gives rise to renewed concern that the new recruits will be politically aligned. The Center is encouraged by the Commission's efforts to enhance logistical and security preparations but believes that given the inherent challenges these areas will require the continued attention of the Commission and other relevant agencies, particularly at the local level.
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6. Instill confidence that winning candidates from the proportional representation party lists will be selected in a transparent and responsible manner

The Center continues to believe that an important failing of the electoral law is the adoption of a closed-list system which allows political party leaders to select winning candidates on the proportional side of the electoral system after the election. As the Center has previously noted, this is a non-transparent, heavily criticized mechanism that gives excessive control to the party elite and could lead to conflict after the election when candidates who expect to be rewarded with party seats are not. The Center strongly urges the parties to ensure that, at a minimum, the selected candidates are genuine representatives of their constituencies and to reconsider this system for future elections. Additionally, all parties regardless of their quota obligations should ensure that their lists are diverse along gender, caste, ethnic and other line
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7. Intensify effective civic and voter education

According to Carter Center observers, the level of awareness and understanding among the Nepali people regarding the meaning and purpose of the constituent assembly election remains low. The impact of previous civic education efforts by domestic NGOs seems to have been limited and suffered from a lack of coordination, monitoring, oversight, and follow-up. The Election Commission's voter education program appeared to have been better implemented, but all actors must plan efforts to ensure that education effectively reaches a diverse and multi-lingual audience. Additionally, an emphasis on oral dissemination of information is suggested given Nepal's literacy rate.
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8. Maintain an impartial, well-trained, and coordinated domestic observation effort

Domestic observers are an important component of Nepal's constituent assembly election. During the November election preparations, domestic observation had only just begun so it was difficult for the Center to assess its effectiveness. The Center trusts that during the upcoming electoral process, different observer groups will coordinate their efforts and maximize their effectiveness by fully training observers who are impartial and well-informed about election procedures and legislation.

The Carter Center offers these observations and recommendations in the spirit of cooperation and respect in the hope that they will provide useful discussion points for future action. The Center wishes to thank the Nepali officials, political party members, civil society members, individuals, and representatives of the international community who have generously offered their time and energy to facilitate the Center's efforts to observe the constituent assembly electoral process.

Source: Carter Center Election Observation Mission 2008

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