HTML clipboard

Ref: 165/2005

Date: 20 December 2005

 Time: 08:30 GMT

Results of PCHR’s Monitoring of the Local Elections’ 4^th Stage

On 15 December 2005, voters in 3 Gaza Strip communities went to the polls to elect representatives in their local councils. The vote was part of the 4^th stage of local elections that included 40 communities in the West Bank and Gaza Strip.

The first stage of local elections was held on 23 December 2004 in 26 West Bank communities, and completed on 27 January 2005 in 10 Gaza Strip Communities. The second stage was held on 5 May 2005 in 85 communities, including 8 in the Gaza Strip. The second stage witnessed some problems in some communities, including testimonies by some Higher Committee for Local Election (HCLE) officials against the integrity of the elections, the results of which were announced by the HCLE itself. The courts decided to hold a rerun in a number of polling centers in Rafah, El-Bureij, and Beit Lahya. This was rejected by Hamas, whose candidates were previously announced as winners in these communities. The rerun has not been held till now, and the affected communities are still run by appointed councils.

The first two stages uncovered a number of deficiencies in the Law #5 for the year 1996 on Local Council Elections and its amendments. Thus during last August, the Palestinian National Authority (PNA) issued Law #10 for the year 2005 on Local Council Elections. It adopted the majoritarian system over the old proportional system.

The third stage of local elections was held under the new law on 29 September 2005. It included 104 West Bank communities. At the time, PCHR criticized that elections were not also held in outstanding Gaza Strip communities.

With the completion of the fourth stage of local elections, the total number of communities where elections were held reached 265 in the West Bank and Gaza Strip. Although the fourth stage was previously set to be the last stage of local elections, the Palestinian cabinet decided to postpone the elections in 59 communities indefinitely. A fifth stage will be organized for these communities, but not during 2005.[1] As a result, these communities will remain under the management of councils appointed by the PNA.

HCLE President, Mr. Jamal El-Shobaki, announced that fourth stage included 42 communities in the West Bank and Gaza Strip. Elections were held in 40 of these communities. The Palestinian cabinet postponed the Hebron elections due to the Israeli rejection to coordinate the elections in the parts of Hebron under Israeli control. In addition, the elections were postponed in El-Arqa community in Jenin since there were no candidates in the community.

The total number of eligible voters in the fourth stage was 147,928 voters, including 70,395 females. The number of candidates was 1,339, including 270 females, all in 176 election lists. The candidates contested a total number of 434 local council seats.

PCHR greatly interested in holding local elections, stemming from its complete support for free and fair elections in the areas under PNA rule. Although the Centre is highly critical of holding these elections in stages, and calls for all elections to be held at the same time, PCHR has welcomed elections in any community as long as the conditions of fairness and freedom are respected.

In continuance of its leading role in monitoring all aspects of the electoral process, PCHR recruited a team of experienced monitors. They were trained and prepared to conduct the monitoring function in the 3 contested communities in the Gaza Strip. These communities were:

·  Um El-Naser in the northern Gaza Strip, with 9 council seats and 1,445 eligible voters;

·  El-Fokhari in the Khan Yunis governorate, with 11 council seats and 1,629 eligible voters;

·  Al-Qarara in the Khan Yunis governorate, with 13 seats and 7,709 eligible voters.

PCHR had previously expressed reservation over the HCLE decision to limit the number of monitors to two for each monitoring agency.[2] This decision increased the workload on local monitors. The Centre was keen to have one monitor in every polling station in order to enhance the electoral process, and advance the integrity of the democratic process. This necessity was accentuated by the problems in the second stage of local elections in Rafah, Beit Lahya, and El-Bureij.

Thus, the Centre monitored the elections through a 6-member team. The monitors in Al-Qarara shuttled between polling stations despite the difficulties and distances. Al-Qarara had more stations compared to Um El-Naser and El-Fokhari. PCHR’s monitors were present in all polling centers during the voting and vote count. Furthermore, the Centre recruited a number of unofficial monitors who conducted a monitoring role outside polling stations and vote count stations.

According to field reports from monitors, the electoral process was generally fair. All electoral processes were conducted in the presence of candidates or their representatives, monitors, and journalists. Throughout polling day, elections were organized and calm. The voting and vote count procedures were generally impartial in all stations.

Nonetheless, PCHR’s monitors documented a number of violations. These included continued campaigning by all competing parties, especially around the polling centers, and occasionally inside them. Some stations delayed opening their doors for limited periods of time. But all documented violations were not serious enough to affect the outcome and integrity of the elections as a whole.

PCHR expresses its satisfaction over the conduct of all polling and vote count processes, and congratulates the winners. In addition, the Centre congratulates the Palestinian people for this democratic victory, for resorting to the rule of law, and for establishing the peaceful transition of power through ballot boxes. Furthermore, the Centre is satisfied with adopting the new law regarding local council elections, Law #10 for the year 2005. This law adopts the majoritarian system, which is more reflective of voter attitudes and opinions.

PCHR commends all efforts exerted towards making these elections a success, especially the work of the HCLE. In this context, the Centre points to the fact that the HCLE mandate ends at the end of 2005. Article 72 of Law #10 for the year 2005 states, “The HCLE conducts all tasks of the Central Elections Committee stated in this law up till the end of December 2005, after which the Central Elections Committee resumes fulfilling these tasks.”

PCHR looks forward to completing the electoral process in a fifth stage in the remaining communities. In addition, the Centre looks forward to a quick and satisfactory resolution for all concerned political parties regarding the local elections in Rafah, El-Bureij, and Beit Lahya. However, it must be pointed that there have been developments relevant to the court decisions stipulating a rerun in some centers in the three communities. These developments include the cancellation of the Law #5 for the year 1996 and the issuance of the Law #10 for the year 2005. Thus, it is not possible to hold a rerun according to the new law, which adopts the majoritarian system, and not the proportional system under the cancelled law. To find an exit out of this dilemma, the Centre recommends a complete rerun in the three communities under the new law; and that this should be part of the fifth stage.

-End-

 ************************

For more information please call: +972 (0)- 8 – 2824776 – 2825893.* 

*Office Hours are between 0800 – 1600 hours (0500 GMT – 1300 GMT) Sun – Thurs.

……………………………………………………………

Palestinian Centre for Human Rights

29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip tel/fax: +972 (0)8 282 4776 – 282 5893

email: pchr@pchrgaza.org      website: www.pchrgaza.org