AfRICAN UNION ELECTION OBSERVATION MISSION REPORT: …



AFRICAN UNIONAFRICAN UNION ELECTION OBSERVATION MISSION TO THE 26 – 28 MARCH 2018 PRESIDENTIAL ELECTION IN THE ARAB REPUBLIC OF EGYPTFINAL REPORTTABLE OF CONTENTS TOC \o "1-3" \h \z \u ACKNOWLEDGEMENT PAGEREF _Toc861478 \h 2LIST OF ABBREVIATION PAGEREF _Toc861479 \h 3EXECUTIVE SUMMARY PAGEREF _Toc861480 \h 4I.INTRODUCTION PAGEREF _Toc861481 \h 7II.PRE-ELECTION ENVIRONMENT PAGEREF _Toc861482 \h 8Background and Context PAGEREF _Toc861483 \h 8Legal Framework PAGEREF _Toc861484 \h 9Election Management PAGEREF _Toc861485 \h 9Registration of Candidates PAGEREF _Toc861486 \h 10Campaign and Campaign Finance PAGEREF _Toc861487 \h 11a.Campaign PAGEREF _Toc861488 \h 11b.Campaign Finance PAGEREF _Toc861489 \h 12International and Domestic Election Observers PAGEREF _Toc861490 \h 12Participation of Women and Youth PAGEREF _Toc861491 \h 12Opening of Polls PAGEREF _Toc861492 \h 14Voting Process PAGEREF _Toc861493 \h 14Closing and Counting PAGEREF _Toc861494 \h 15Tabulation and Announcement of Results PAGEREF _Toc861495 \h 15IV.CONCLUSION AND RECOMMENDATIONS PAGEREF _Toc861496 \h 16(a)Conclusion PAGEREF _Toc861497 \h 16(b)Recommendations PAGEREF _Toc861498 \h 16ACKNOWLEDGEMENTThe Mission extends its profound appreciation to the Government and National Election Authority of the Arab Republic of Egypt and all those who contributed to its success. The Mission is particularly grateful to the leadership provided by His Excellency Abdoulaye Diop, former Minister of Foreign Affairs of Mali, to the observers and technical team from the African Union Commission and Pan-African Parliament for their dedication and commitment to contribute to a transparent and credible election in Egypt.LIST OF ABBREVIATIONACHPRAfrican Charter on Human and Peoples’ RightsAUAfrican UnionAUCAfrican Union CommissionAUEOMAfrican Union Election Observation MissionCOMESACommon Market for Eastern and Southern African EMBElection Management BodyICCPRInternational Covenant on Civil and Political RightsISISIslamic State LASLeague of Arab StatesNEANational Election AuthorityPAPPan-African ParliamentPRCPermanent Representatives’ CommitteeOAUOrganisation of African UnityOICOrganization of Islamic CooperationSTOShort-Term ObserverEXECUTIVE SUMMARYThe Arab Republic of Egypt held presidential election from 26-28 March 2018, although Egyptians living abroad voted from 16-18 March 2018. It was the third presidential election held after the January 2011 popular uprising or ‘revolution’, and the first to be administered by the National Election Authority (NEA) – a new independent and permanent election management body established in August 2017 in accordance with the provision of the 2014 Constitution of Egypt. Previous elections were organised and supervised by ad hoc Elections Committees. The election was contested by only two candidates – incumbent President Abdel Fattah Al-Sisi who ran as an Independent and Mr. Moussa Mostafa Moussa of the El-Ghad Party. The National Election Authority announced the official and final results of the election on 2 April 2018, with President Al-Sisi securing an overwhelming majority of 97.08% of valid votes cast. Turnout was 41.05% out of a total of 59,078,138 registered voters. Pursuant to an invitation from the Government of Egypt and NEA, the African Union (AU) deployed a short-term election observation mission; in line with the AU’s mandate of promoting democracy and democratic elections in Africa. The Mission was led by His Excellency Abdoulaye Diop, former Minister of Foreign Affairs of Mali and comprised forty (40) short-term observers (STOs), who were supported by technical experts from the African Union Commission and the secretariat of the Pan-African Parliament. This final report presents the Mission’s overall findings and assessment of the conduct of the 2018 presidential election, based on the Mission’s consultations with stakeholders and direct observation of voting day operations across the country. Summary of Key FindingsAU observers visited a total of 462 polling stations on polling days. In all polling stations visited, voting took place in a generally peaceful, orderly and secured environment, with significant presence of security personnel observed. In most cases the presence of security personnel was reassuring. However, it was deemed to be intrusive in some cases, with regards their roles and responsibilities. Voter turnout was generally low (41.05%), with no significant build-up of queues observed throughout the three days of voting. However, there was a high turnout of women – both as voters and polling officials; nevertheless turnout among youth voters was low. Polling staff demonstrated professional competence and largely followed the voting procedures as stipulated in the NEA Guidelines for the 2018 Presidential Election, except in few cases where discrepancies in the application of voting and counting procedures were observed. There was equally a varied understanding of the role of international election observers. The legal framework was deemed adequate and in line with international obligations for credible and democratic elections, except that laws passed to curb terrorism were reportedly used by the government to curtail fundamental rights and freedoms such as association, assembly and free speech. The AUEOM also found some of the provisions in the Decree No. 31/2018 on Accepting the Applications of Egyptian, Foreign and International Organisations, the Electoral Code of Conduct and Guidelines for the 2018 Presidential Election as particularly impeding the work of international election observers. Despite the accreditation of the AUEOM, the inherent limitations in these provisions affected the ready acceptance of AU observers by some polling officials who were presumably guided by this decree and regulations. Campaign related activities such as vote canvassing and distribution of candidate posters were observed in the vicinity of polling stations throughout the voting period in contravention of the laws regulating electoral campaigns in Egypt. The introduction of an electronic accreditation process to facilitate the processing of observer applications was commendable. However, the administration of the service caused significant delays in the issuance of accreditation badges, which impacted on the timely deployment of AU observers. Although polling staff demonstrated professional competence, their and candidate agents’ lack of means of identification made it difficult for observers to determine the authorised personnel inside polling stations.RecommendationsIn the spirit of cooperation and commitment to strengthening electoral processes of Member States of the AU, the Mission offers the following key recommendations:Encourages the NEA to consider developing clear guidelines on the role and responsibility of security personnel during voting. The NEA in collaboration with the Government should also consider providing special training on electoral security for personnel assigned to secure polling stations. The NEA and other stakeholders should consider strengthening the engagement with the youth to enhance their participation in the electoral process.Encourages the NEA to consider reviewing the Decree No 13/2018 to expressly include intergovernmental organisations (not just international civil society organisations); and the Electoral Code of Conduct and Guidelines for 2018 Elections, which placed a time limit of 30 minutes for observers to stay in a particular polling station. The NEA should also ensure that polling officials are conversant with the role and responsibility of accredited election observers.The NEA should ensure compliance with the rules and regulations governing campaign activities during the voting period. It should also ensure a clear and easy identification of all polling officials and any other authorised personnel inside the polling stations. Urges the NEA to speed up the accreditation process for international observers. The AUEOM concludes that, despite the challenging security environment, voting was peaceful and well managed by the NEA.INTRODUCTIONThe AU participated in the 2018 presidential election in Egypt following the invitation from the Government and NEA by deploying a short-term observation mission. The Mission was led by H.E. Abdoulaye Diop, former Minister of Foreign Affairs of Mali and comprised forty (40) short-term observers (STOs) drawn from members of the Permanent Representatives’ Committee (PRC) of the African Union, the Pan-African Parliament (PAP), Election Management Bodies (EMBs), civil society organizations (CSOs), think tanks and independent electoral and governance experts, representing a total of 25 AU member states. The Mission was established with the objective of conducting an impartial, independent and objective assessment of the 26-28 March presidential election with a view to proffer recommendations for improvement of future elections in Egypt. In pursuit of its mandate, the Mission undertook a number of activities, including organising a two-day briefing program for its observers on 22-23 March 2018 and engaging in stakeholders’ consultations including the Deputy Minister of Foreign Affairs, the Chairman and members of NEA, the campaign teams of the two candidates, leadership of the League of Arab States and the Common Market for Eastern and Southern African (COMESA) Election Observation Missions and the regional Deans of African Ambassadors accredited to Egypt. The Mission was guided in activities by a number of AU normative frameworks including the 2007 African Charter on Democracy, Elections and Governance, the 2002 OAU/AU Declaration on the Principles Governing Democratic Elections in Africa and the 2002 AU Guidelines for Election Observation and Monitoring Missions, as well as other international principles and Egypt’s legal framework governing elections. The Mission’s findings, conclusions and recommendations are based on its consultations with key stakeholders and direct observations of the conduct of voting and counting process. However, an analysis of some aspects of the pre-election environment, including the legal framework is also undertaken. PRE-ELECTION ENVIRONMENTBackground and ContextThe March 2018 Presidential election was the third in Egypt since the 2011 Egyptian revolution that overthrew long serving president Hosni Mubarak. The election was contested by two candidates; incumbent president Abdel Fattah el-Sisi (independent) contested for the second time after having won the 2014 presidential election and El Ghad party leader Moussa Mostafa Mousssa. Several high profile aspirants including a former prime minister and a former army chief of staff withdrew their bids citing intimidation from the state and bias from election authorities. Other opposition politicians and political parties including former presidential candidate Hamdeen Sabbahi launched a ‘Stay at Home’ campaign, calling upon Egyptians to boycott the election that they described as a ‘masquerade’.Two main issues confronted the 2018 presidential election: security and a weakening economy. The election took place within an extended statement of emergency, passed to address the persistent threat of terrorism. The state of emergency was passed to allow security forces to take measures necessary to confront the dangers and funding of terrorism and safeguard security in all parts of the country. Despite the government’s efforts, Egypt continues to face mounting violence from the Islamic State (ISIS) and other violent groups, particularly in the remote North Sinai region and in the western desert bordering Libya. Terrorists have also struck the Egyptian mainland. Amid the persistence of terrorism, the Egyptian government passed a set of legislative amendments that are intended to address the multiple security threats facing the country but deemed to have serious negative implications for the enjoyment of political rights and civil liberties in the country, including freedoms of assembly, association and free speech.The election also took place within a weakened economy with high inflation, which negatively impacted on the purchasing power of citizens and taking a toll on social and economic conditions of many households across the country. The AUEOM was informed by some of its interlocutors that the decline of the economy and president Abdel Fattah el-Sisi's internal policies led many to call for a boycott?of the 2018 election.Legal FrameworkThe 2018 presidential election in Egypt was governed by the following pieces of legislation: the 2014 Constitution, the 2014 Law on Regulating Presidential Elections, the 2014 Law on Regulating the Exercise of Political Rights, and the 2017 Law on the NEA, as well as decrees passed by the president and the NEA. Egypt is also a signatory to several regional and international treaties and conventions relating to elections such as the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Political Rights of Women and the African Charter on Human and Peoples’ Rights (ACHPR), among others. The AUEOM found Egypt’s legal framework for the 2018 election to be quite comprehensive and adequately providing for the conduct of credible elections. The law sufficiently empowered the NEA to conduct inclusive elections. However, some of the laws and decrees passed to fight terrorism were deemed to have negative impact on the enjoyment of political rights and civil liberties in the country. The Mission also found some of the provisions in the Decree No. 31/2018 - on Accepting the Applications of Egyptian, Foreign and International Organisations and the Electoral Code of Conduct and Guidelines for the 2018 Presidential Election as particularly impeding the work of international election observers. Despite the accreditation of the AUEOM, the inherent limitations in these provisions affected the ready acceptance of AU observers by some polling officials who were presumably guided by these regulations. The Mission also noted that Egypt had not signed up to, or ratified the 2007 African Charter on Democracy, Elections and Governance, a key document for assessing AU member states’ compliance with continental principles of democratic elections. Election ManagementThe 2018 presidential election was organised and supervised by the National Election Authority (NEA) – a technically, financially and administratively independent body established in 2017 in accordance with the provisions of the 2014 Constitution of Egypt, with the exclusive authority to administer referenda and presidential, parliamentary and local council elections in Egypt. The NEA is composed of a Board of Directors, a permanent Executive Body and several Committees. The Board of Directors comprised 10 members of high judicial rank who are nominated by the Supreme Judicial Council and appointed by the President of Egypt on a full-time basis for a non-renewable six-year term. The Board is the highest governing body of NEA and is mandated to set and implement the necessary policies to achieve its objectives and goals and to exercise its jurisdiction. The Executive Body on the other hand is responsible for administering, under the supervision of the Board, the technical, financial and administrative affairs of NEA. The Committees are formed by the Board to administer polling and counting process.Prior to the establishment of the NEA, and up to 2015, elections in Egypt were organised and supervised by ad hoc election committees that were supported by various state institutions and seconded individuals. Thus, the AUEOM welcomed the establishment of the NEA, which was in line with the recommendations of previous AUEOM report on the 2015 parliamentary election in Egypt, which encouraged stakeholders to expedite the establishment of NEA to enhance professional management of elections in the country and safeguard institutional memory and experience.Since its deployment, the Mission observed that the NEA carried out its mandate professionally and efficiently. On election days, polling officials demonstrated good understanding of voting procedures and were positively assessed as competent by AU observers. There were adequate election materials and staff in all polling stations visited by AU observers. Management of queues and the voting process was orderly throughout. Despite the efficient management of the polls by NEA, the AUEOM noted delays in the issuance of accreditation badges to international observers, which negatively impacted on the timely deployment of observers and impeded the observation of the opening process on the first day of voting. The Mission noted further the lack of a clear communication or instruction between NEA and presiding officers administering the polling stations on the presence, role and responsibility of international observers. Registration of CandidatesThe eligibility criteria regarding candidacy for the presidency are set out both in the 2014 Constitution and the Law No. 22/2014 on the Regulation of the Presidential Elections. According to Article 141 of the Constitution and Article 3 of the Law No. 22/2014 on the Regulation of the Presidential Elections, a candidate for the presidency must meet the following conditions:Be Egyptian born to Egyptian parents;Neither the candidate, nor any of the candidate's parents or spouse, may have acquired citizenship of another country; Be in possession of a higher educational qualification;Be in full enjoyment of his/her civil and political rights. Not have been convicted for any felony or crime involving moral turpitude, or dishonesty, even if the candidate had been rehabilitated thereafter;Have performed, or been legally exempted from, the military service; Not be less than 40 years of age on the day of opening the period for candidates’ candidacy; andBe free from any physical or mental illness that may influence the performance of the duties and functions of the President of the Republic. In addition, for a candidate to be accepted, he or she must have received endorsements from at least 20 members of the House of Representatives, or support from at least 25,000 eligible voters in at least 15 governorates, with no less than 1,000 supporters from each of those governorates. The legal framework gives NEA the responsibility for registering and preparing the final lists of candidates for elections. Registration of candidates for the election officially started on 20 January and ended on 29 January 2018. The NEA announced the final list of qualified candidates on 24 February. The candidates announced were current President Abdel Fattah Al-Sisi who ran as independent and Mr. Moussa Mostafa Moussa, chairperson of the Ghad Party.Although the AUEOM was not present when the registration of candidates started and ended, it received reports from stakeholders it consulted that several individuals declared their intention to run for the presidency. However, while some voluntarily withdrew their candidature, others were in various ways prevented from running, particularly those critical of the regime. Campaign and Campaign FinanceCampaignCampaigning for the 2018 presidential election started on 24 February and concluded on 15 March for out-of-country voters and 25 March for in-country voters. The AUEOM observed that campaign was largely peaceful though not very competitive. Campaigning was mostly done through banners and posters, television and newspaper advertisements, and small rallies. While Egypt was faced with security and economic challenges at the time of the election, these were hardly issues of intense debate between the two candidates. In fact, the only challenge to incumbent President Abdel Fattah el-Sisi was reportedly not bothered to campaign. Despite the campaign deadline, the Mission observed a number of campaign related activities being carried out on election days.Campaign FinanceCampaign financing in Egypt is strictly regulated. Funding the electoral campaign is based largely on private funds of candidates, although they may also receive donations in cash or kind from natural Egyptian persons of no more than 2% of the approved maximum limit of 20 million Egyptian pounds. Candidates are prohibited from receiving contributions from foreign countries, organisations or individuals. The law also requires candidates to keep a detailed record of contributions and their sources, which are to be presented to the NEA a day after the end of the campaigning period. Candidates are to deposit the campaign funds in a bank account that will serve as the sole source of campaign expenditures, with the NEA to be informed of all transactions.International and Domestic Election ObserversEgypt’s legal framework (including regulations issued by NEA) permits international and domestic observation of all procedures of the electoral process, including candidate registration, campaigning, polling, counting and announcing election results.The AUEOM observed a number of local and international organizations participated in observing the presidential election, including the League of Arab States (LAS), Organization of Islamic Cooperation (OIC) and COMESA-CENSAD, indicating a ready acceptance by NEA to subject the electoral process to independent scrutiny.?However, the Mission noted that delays in the issuance of accreditation badges to international observers negatively impacted on the timely deployment of observers and impeded the observation of the opening process on the first day of voting. The Mission further observed that some polling staff and security personnel were not properly briefed on the role and responsibility of election observers, particularly international election observers. In some instances, security personnel and polling staff denied AU observers entry into polling stations despite presenting their accreditation badges from NEA. AU observers were also not allowed to stay inside the polling stations for more than 30 minutes. In some cases, presiding officers reduced the duration of observation inside polling stations to less than 30 minutes without providing any explanation to observers.Participation of Women and YouthThe AUEOM observed a high participation rate of elderly men and women in the 2018 presidential election, although youth turnout was remarkably low. The Mission noted that, in the wake of Egypt’s revolution in 2011, the youth played a leading role in the political arena and there was high youth participation in the subsequent elections, especially the 2012 presidential election. However, since 2014 elections, it noted that there has been a significant decrease in youth participation in electoral processes in Egypt. Some stakeholders referred to youth dissatisfaction with the general political situation in the country, in particular, the fairness of the electoral process, as reasons for the decrease in youth participation. While the Mission did not confirm this claim, it is important to underline that youth participation is critical to building a vibrant democracy in the country. ELECTION DAY AND ANNOUNCEMENT OF RESULTSPolling took place over a three-day period on 26-28 March, between 9:00am and 9:00pm. The AUEOM observed a total of 462 polling stations (176 in rural and 286 in urban places) in 10 governorates. In all, the process was conducted in a generally peaceful atmosphere, with no incidents of interference or violence observed. Voter turnout was generally low without significant build-up in queues throughout the three days of voting. Youth voter turnout was particularly low. The Mission’s overall assessment of the polling process was positive, with only few inconsistencies noted in the application of voting and counting procedures.Opening of PollsThe Mission observed the opening process in 11 polling stations, all of which opened on time. Observers reported that opening procedures were largely followed, despite the limited presence of candidate agents and domestic and international observers. Voting ProcessThe Mission observed the voting process in a total of 462 polling stations. In all voting took place in peaceful atmosphere, with no incident of intimidation or interference observed. AU observers reported that polling staff largely followed voting procedures except in few cases where discrepancies in the application of voting and counting procedures were observed. There was equally a varied understanding of the role of election observers. Observers also reported that the secrecy of the vote was ensured in most of the polling stations visited, except in few instances where this was deemed to have been compromised, notably due to the improper position of the voting booth, proximity of security personnel to the booth and the generally limited space in the polling stations. Candidate’s agents were present and allowed to follow the process without interference or restrictions in most of the polling stations visited but these were mainly agents of the incumbent candidate. However, both polling staff and candidate agents had no form of identification in all polling stations visited, which makes it difficult to determine authorised personnel inside the polling stations. Domestic and international observers were seen in very few of the polling stations visited.Campaign related activities were observed throughout the period of voting including within the vicinity of most of the polling stations visited. Closing and CountingCounting was observed in a total of 15 polling stations. Almost all polling stations visited closed on time at 9:00pm except one, which closed an hour later. Vote counting was done at polling station level. AU observers reported that counting was generally well organised and thorough, and there were no time restrictions placed on observers or candidates’ agents unlike during voting. In the majority of polling stations observed, candidate agents were provided with copies of the result forms and the results were publicly posted.Overall, AU observers assessed the conduct of voting process, including opening, polling, closing and counting as mostly very good. They also assessed the competence of polling staff as mostly very good.Tabulation and Announcement of ResultsAfter the NEA had tabulated the votes of Egyptians at home and abroad, it announced and published the overall results of the 2018 presidential election on 2 April 2018, with the incumbent President Abdel Fattah el-Sisi declared as the winner, securing more than 97% of valid votes cast. His opponent, Moussa Moustafa Moussa claimed fewer than 3% of valid votes. Spoiled ballots accounted for more than 7% of the overall results. Following the release of official results, the NEA received no appeals against the announced results. CONCLUSION AND RECOMMENDATIONSConclusion The AUEOM concludes that voting was generally well managed and conducted mostly in an orderly manner by the NEA, though the overall electoral process itself was not competitive. Despite the challenging security environment, voting passed on peacefully. The AUEOM also takes cognizance of the strides made since the last election in 2015, including the establishment of a permanent electoral management body (NEA) in 2017 and commends its remarkable performance in the conduct of the 2018 presidential election. RecommendationsIn the spirit of cooperation, the AUEOM offers the following recommendations for consideration by relevant stakeholders for improvement of future electoral processes in the country:To the Parliament/GovernmentConsider reviewing some of the laws and decrees passed to curb terrorism in the country, particularly laws restricting freedoms of the press, association and assembly, but are deemed to have negative impact on civil and political rights. Ensure that these laws are not exploited by state authorities to curtail fundamental rights and freedoms of citizens hitherto guaranteed under Egypt’s Constitution. Reconsider the legal provisions that prohibit members of NEA, security forces and others from voting to ensure that all eligible citizens enjoy voting rights in line with Egypt’s international obligations. The Government is encouraged to sign up, ratify and domesticate the 2007 African Charter on Democracy, Elections and Governance to ensure that future electoral processes in Egypt are in compliance with continental standards for democratic elections. Reconsider the use of sitting senior judges and judicial personnel to oversee the electoral process at all levels, including at polling station-level, not only to avoid any potential conflict of interest in adjudicating election-related disputes but also to lessen the burden on judicial personnel and to build a cadre of full-time professional election administrators.Consider strengthening the engagement with the youth for a more active involvement in electoral processes to deepen the country’s democratic culture. In collaboration with NEA and civil society organisations, undertake civic education initiatives to improve on the persistently low voter turnout in the country. In collaboration with the NEA, ensure that security personnel deployed to polling stations on Election Day are properly briefed on the role and importance of impartial election observers in the electoral process to avoid unnecessary denial of access to polling stations. To the National Election AuthorityReview the electronic accreditation procedures to ensure they are reasonably effective and facilitate timely processing of accreditation of election observers. Consider reviewing the Decree No. 31/2018 to expressly include inter-governmental organisations, not just international or foreign civil society organisations, as part of organisations allowed to observe elections in Egypt. The NEA is also encouraged to consider reviewing the provision in the Guidelines for the 2018 elections that placed a time limit of 30 minutes duration or less for observation inside the polling station. This not only contradicts Egypt’s commitment to facilitate easy and unhindered access of observers to all aspects of the electoral process, it also negates the objective of impartial observation, which is supporting the efforts of Egyptian stakeholders aim at protecting the integrity of the electoral process by providing accurate and objective evaluation of all aspects of the process to ensure that it is conducted in accordance with international principles of transparency, integrity and credibility.In collaboration with the relevant state institutions, consider developing clear guidelines and/or conduct further training for security personnel to ensure that they are conversant with their roles and responsibilities during Election Day. Take steps to ensure compliance with campaign laws and regulations during campaign silence period.Ensure that polling officials and candidate agents or representatives are clearly identifiable to aid the determination of unauthorised personnel inside the polling stations. In collaboration with the government and other stakeholders, take effective measures, including voter and civic education, to encourage active youth participation in the electoral process and enhance overall voter turnout in future elections to deepen the country’s democratic culture. Ensure that polling staff are adequately briefed on the role and importance of impartial election observers to prevent situations where accredited observers are unreasonably denied access to polling stations. Consider further and continuous training of polling officials on closing and counting procedures to improve on their proficiency and ensure consistent application of polling standards. Improve on the layout of polling stations to enhance the secrecy of the vote. To Political Parties/CandidatesPlay a more active role in the electoral process and ensure they are adequately represented at polling stations to improve on the transparency and credibility of the process.To Civil Society OrganisationsPlay a more active role in the electoral process to enhance its credibility.Support NEA and the Government’s efforts to ensure an active involvement of women and youth in the electoral process to deepen the democratic culture of the state. ................
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