Published at 10.00 GMT 21/12/95

PRESS RELEASE

CONCERN ABOUT THE ELECTION PROCESS

The Central Elections Commission and Elections Court of Appeal, have not yet been established by the Palestinian National Authority, even though the electoral process is underway. These bodies are essential elements for the election process.

The Election Law states that a Presidential Directive will establish the Central Elections Commission and the Election Court of Appeal. The Law came into force on the December 7th 1995 and there has still been no such directive.

These bodies are important to ensure that the elections are conducted fairly. The role of the CEC as stated in the Election Law includes supervision and direction, preparation and organisation of the elections; the guarantee of their fairness and freedom; approval of candidates, applications for the Council and position of president and review of appeals against the decision not to register a person’s right to vote by the Polling Station Commission.

The Elections Court of Appeal provides a process of judicial review for the appeals and claims before and decisions from the Central Elections Commission; in relation to rejected applications for candidacy and refusals to register a party the law gives an appellant the right to appeal to the Court, and provides the only mechanism through which activities and decisions of the CEC can be reviewed.

There has already been a rush to get the elections process underway and not enough time and care has been provided for each stage in the electoral process. The Palestinian Centre for Human Rights is concerned that the failure to establish these bodies is a sign of further shortcomings in the execution of the Election Law by the PNA. Without these bodies the fairness of the electoral process is thrown into doubt.

Until the CEC is established the Palestinian Government Affairs and Election Committee is the body responsible for the preparation and coordination of elections. This temporary body is not subject to the requirements of the Election Law and there are no guarantees for its independence from the PLO Executive and the PNA.

.What will be of particular importance for the CEC is that it is both impartial and independent. In order to ensure this it is vital that the consultative process as provided for in the Election Law is undertaken.

This provides for consultation with parties and political movements.

The forthcoming Palestinian elections are a very important stage in the development of democracy in the areas under limited Palestinian autonomy. The Palestinian Centre for Human Rights has been monitoring closely the Election Law and the electoral process so far and we feel it necessary to react at this early stage and to register our concern that such deficiencies do not progress into negligence and a flagrant disregard for the provisions of the Election Law in the future.

We have taken the step of writing to Dr Sa’eb Erekat, Ex-Minister of Municipal Government and Acting Chairman of the Election Central Commission on 20th December 1995 requesting him to address these deficiencies.

The Palestinian Centre for Human Rights calls for:

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  i) the immediate establishment of the Central Elections Commission and the Court of Election Appeals;

  ii) that the CEC be established after a period of consultation so that its independence can be assured;

  iii) the elections be delayed so that more time can be given for each stage so that every chance can be provided for the elections to be conducted fairly and equally.

   

UPDATE ON CENTRAL ELECTION COMMTSSTON

During the preparation of this Press Release a Decree was issued by Chairman Arafat on Thursday evening 21st December 1995, with immediate effect. It established the Central Election Commission in accordance with Article 4(2) of the Palestinian Election Law 1995.

The CEC will be headed by Mahmoud Abbas (Abu Mazen) and there has so far been a critical reaction from both political parties and candidates that it has not been established following the consultative process as provided for in the Election Law and there is serious concern that it lacks independence.

The Decree also stated that the period for registration of candidates for the position of president Executive Authority and for members of the Palestinian Council, has been extended by one day, so that registration will continue until 15.00 hours 23rd December 1995.

Yet no declaration has been made in relation to establishment of the Elections Court of Appeal.

The Palestinian Centre for Human Rights feels that the failure to consult is a serious breach of the provisions of the Elections Law and throws their fairness and equality into doubt. In addition we continue to be concerned about the failure to establish the Elections Court of Appeal and call for its immediate establishment in accordance with the Election Law.