Nepal 2013 Constituent Assembly Election OBSERVATION INTERIM REPORT

"#!$%&'()'*!"+#,! -./0(.1(23! Statement of preliminary observation This statement represents the interim findings and conclusions based on monitoring and observation of Nepals 19 November Constituent Assembly elections by national and international observers as a part of the National Election Observation Committee (NEOC) mission. It builds upon the Preliminary Observation Statement released 19 November. NEOC will release a comprehensive Final Report including recommendations, upon the completion of the electoral process. Scope of Mission NEOC mobilized 10,028 domestic observers covering 240 constituencies in all 75 districts of Nepal. Twenty four international observers from 18 countries observed the electoral process in 25 districts. 150 eminent persons were a part of the NEOC mission. Pre-election Process Pre-election constraints and shortcomings: The formation of the High Level Political Committee and the subsequent declaration of elections by a Chief Justice-led government affected perceptions of the elections legitimacy. The political arrangement was criticized by the Nepal Bar Association, civil society activists and a section of the political leadership in all major parties as being unconstitutional, whilst the CPN-M and 33 pollopposing parties rejected the holding of elections without consensus. The logistical capabilities of the Election Commission of Nepal were a matter of ongoing commentary, with significant doubt expressed as to whether the necessary arrangements would be made as of 19 November. This affected the ability for media to focus on electoral issues rather than logistical issues. Due to the strict timeline, the EC was unable to extend the democratic franchise to those not yet in possession of documents required for registration. Were a greater amount of time allowed before elections, a more robust process of voter registration could have taken place. Though efforts were made to include unregistered voters, given the timeline it was difficult.

EC directives were habitually broken, with 521 incidents of poll violation reported as of 13 November. Violations were not restricted to the CPN-M and other poll-opposing forces. During the silent period 48 hours prior to 19 November, media and candidates were found to be in violation of EC rules. Violence and intimidation by poll-opposing forces from 11 November marred the immediate preelection atmosphere. One bus driver died as a result of a petrol bomb lobbed at the vehicle he was driving, whilst eight of his passengers were severely injured. A lack of transport for voters registered in constituencies outside of Kathmandu affected the ability of many to cast their ballots. This was a result of the transport strike called by the poll-opposing alliance.

Pre-election successes: Despite the transport strike and threats of violence by poll-opposing forces, many waited days to board multiple buses in order to vote in home districts. The ten day Bandh starting 11 November was largely defied by those in the capital. Outside of Kathmandu, commercial and commuter vehicles were shepherded by security agencies. Though incidents occurred, Nepals road network remained active. Despite logistical uncertainty, and the ad-hoc pledge to accept other official documents as identification, the collection of voter ID Cards was relatively strong. Polling booths observed a majority of ID cards collected. Pre-poll violence was dramatically less than in 2008. At least nine murders directly related to the elections were reported in 2008, whereas in 2013 there was only one death. Scattered violence was significantly reduced throughout the country, whilst the prominence of armed groups in the Terai dramatically reduced. Though there was significant support for CA elections from external governments, foreign actors were keen to highlight procedural rather than political issues. Instances in which foreign representatives made comment on political issues were minimal, however when occurring were condemned and roundly dismissed. Significant effort was expended by democratic and pro-election forces in obtaining the participation of those opposing polls. The CA was enlarged to 601 seats whilst the 60-40 formula for proportional and first past the post electoral systems was instituted in a bid to gain greater participation.

Election Day: General Findings NEOC observers generally noted the elections as free, fair and credible despite some reservations. Though political, logistical and security issues in the pre-election context provided difficulties, many of these were surmounted on 19 November. General Polling Context Observers generally noted an upbeat, festive atmosphere that became more pronounced as the day progressed. Observers noted the early arrival of voters at polling stations across the country, reflecting an enthusiastic desire on behalf of voters to cast their ballots. At some polling stations within Kathmandu valley, campaigners were observed at entrances, violating EC rules.

Promotional material including posters were found in a number of instances within 100m of polling stations, violating EC rules. Observers noted instances in which the presence of candidates at polling stations could be perceived as campaigning, in violation of EC rules.

Voter Participation Voter turnout was unprecedented, with the EC claiming figures of at least 70 per cent. This supports numbers obtained by observers from polling station staff. The strong participation of women was noted by observers, with extensive queues in locations around the country. The participation of many elderly voters was observed, with security forces and volunteers facilitating their mobility around polling stations. Registered voters were observed being turned away from polling stations as a result of flawed voter lists. Though it is regretful that the lists were incomplete, NEOC supports the decision by polling staff not to allow those absent from voter lists to cast ballots. Observers noted a low degree of voters using identification beyond EC distributed voter ID cards.

Security Situation Observers noted a generally strong security presence at polling booths throughout the country. Observers noted the mixed presence of Police, Armed Police Force, Nepal Army, and temporary police at polling stations throughout the country. Observations noted the generally professional behavior of security forces.

Incidents Explosive devices and other suspected materials were found in locations close to polling centers in a number of districts. Explosive devices and other suspected materials were found in locations remote from polling stations and populated areas as a method of intimidation in Rupandehi. In Bhotebahal, central Kathmandu, three children were injured one seriously as a result of an explosive device. Voters in Gorkha district were prevented by poll opposing parties to travel to polling stations. Ballot papers were looted from a polling station situated at Dandakot Higher Secondary School in Dailekh, mid-west Nepal, resulting in the suspension of voting for about three hours. Election authorities replaced the looted ballots under strict security to ensure voting resumed after 12:30pm.Security forces resorted to firing blank-rounds into the air in order to disperse hostile party cadres. Exchanges of live-fire were reported between party cadres in Raudhat-3 and Rautahat-5 as a result of accusations of booth capturing. Poll related skirmishes were reported at Araniko Secondary School in Pokharichowki-8, Kavre. Similar incidents were reported at Jagriti Secondary School in the same VDC. In Bajuras Brahmatola Health Centre polling station, supporters of candidates are reported to have resorted to booth capturing. An observer was reported to have been attacked and threatened at this location for reporting the incident.

In a polling centre at Depal VDC, Jumla, a ballot box was looted by party supporters resulting in the suspension of polling where re-polling is scheduled to take place on November 22. Tensions between political cadres were reported in Thulipokhari VDC polling centre in Parbat district, western Nepal, resulting in gunshot wounds to three as a result of actions taken by security forces. Exchanges of live-fire by political cadres were reported in Dhankeaul Pachiyeri polling centre in Sarlahi-6, in which seven persons are reported to have been injured. In Janakalyan polling centre, ShrinagarVDC, Humla, a remote mid-western district, polling started only from 3pm as supporters of a poll-opposing party had prevented voters from approaching the polling centre. A polling centre in Jugu VDC, constituency one, Dolakha, is reported to have been captured by supporters of a major political party. In Banjh VDC, Bajhang, security forces are reported to have entered a village in an attempt to encourage voter turnout, in what could be perceived as a forceful manner. In Dandakot Higher Secondary school in Chamunda VDC, Dailekh, supporters of poll-opposing parties are reported to have looted a ballot box, throwing it into a river, resulting in the suspension of polling. Polling resumed at 12pm after the looted ballot box was replaced by a new one transported by helicopter. In Thabang village, Rolpa, a past Maoist stronghold, no voting, excepting that by election officials and security personnel, occurred. In Depa higher secondary school polling centre Dandajheri VDC, Nawalparasi-1, supporters of a major party are reported to have resorted to booth capturing after approximately 700 votes had been cast.

Recommendations NEOC strongly urges the EC to take all necessary logistical and security measures to ensure Jumlas 22 November re-poll is free, fair and credible. NEOC strongly urges the EC to undertake a thorough and immediate investigation into all instances of code violations occurring on 19 November. NEOC strongly urges the EC to immediately and thoroughly address accusations of electoral fraud now hindering the vote-count. NEOC strongly urges the relevant authorities to investigate and bring to justice those that perpetrated crimes in attempts to undermine and destabilize the electoral process. NEOC strongly urges all poll contesting parties, candidates and concerned stakeholders to accept the electoral verdict.

The End

Dr. Gopal Krishna Siwakoti Secretary General !