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2007 Assessment

Timor-Leste: Integrity Indicators Scorecard

Timor-Leste: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	In law, is there an election monitoring agency or set of election monitoring agencies/entities?	100
18	Is the election monitoring agency effective?	65
19	Are elections systems transparent and effective?	79

Indicator and sub-Indicator Details

In law, is there an election monitoring agency or set of election monitoring agencies/entities?

17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?

Score:

YES

Comments: CNE is one of the tools to assure that elections respect the law, are non-partisan and neutral, are transparent, and are accurate.

References: CNE

Peer Review Comments: However, the CNE requires bolstering should it continue to work effectively, as the 2007 elections were implemented with U.N. assistance.

Peer Review Comments: Technically, the CNE is not fully independent, as it has ministerial oversight.

Is the election monitoring agency effective?

18a: In law, the agency or set of agencies/entities is protected from political interference.

Score:

YES

Comments:

References: CNE law article 8

18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.

Score:

100

Comments:

References: CNE web: www.cne.tl

Peer Review Comments: Given the small population size and the size of the professional/educated sector, it is difficult to find qualified people who lack political or family connections to those in power/politics.

18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.

Score:

100

Comments:

References: CNE web: www.cne.tl Law on CNE article 9

Peer Review Comments: CNE has a commission, but it lacks a permanent base or full-time back-room staff.

Peer Review Comments: I'm not sure that the sources cited offer information regarding the sufficiency of staff levels.

18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.

Score:

100

Comments: Reports were available; however, they were available after a delay and public access was difficult, especially with those in rural ares, given their literacy level and the limited infrastructure.

References: www.cne.tl

Peer Review Comments: Given the location and newness of the state, the CNE did well in information provision. However the CNE operated with strong U.N. backup in 2007, and capacity-building is needed for it to work independently come the next electoral cycle.

18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.

Score:

100

Comments:

References: Election report at www.cne.tl International Certification Mission Report

Peer Review Comments: I believe CNE works to investigate and respond to violations but they have a have limited capacity to do so, in part because of lack of information about how the process is supposed to work within the public at large, and because they have limited human resources to conduct such efforts.

Are elections systems transparent and effective?

19a: In practice, there is a clear and transparent system of voter registration.

Score:

100

Comments:

References: www.cne.tl UN certification mission report

Peer Review Comments: In general, voter registration went well, with added days for extra eligible voters over the course of the 2007 cycle. There are clear laws in the constitution and electoral laws, etc., on this, but there were some cases of IDPs not being registered.

19b: In law, election results can be contested through the judicial system.

Score:

YES

Comments:

References: Constitution of RDTL, article 65 (5 & 6) Law # 5/2006, on 28 December 2006

19c: In practice, election results can be effectively appealed through the judicial system.

Score:

100

Comments: The electoral appeals mechanism takes complaints from both candidates and voters, but does not necessarily act on complaints promptly. The appeals mechanism was abused at times by ruling parties' supporters, who ran the entity dealing with complaints, and who often sought to delay the announcement of electoral results.

References: Interview with Dr. Christopher Samson, director of LABEH, in his office, on 10 July 2007 See also UN Certification Team reports on the most recent election

Peer Review Comments: Not sure what is meant by ruling parties as there was only one ruling party

19d: In practice, the military and security forces remain neutral during elections.

Score:

100

Comments: The police and military were heavily involved in election rallies and were affiliated with parties and/or politicians. Last year's crisis in Timor-Leste was evidence of this.

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

Peer Review Comments: Timor-Leste Parliamentary Election Democratic and Peaceful Carter Center Preliminary Statement 3 July 2007 Security Voter confidence and low incidence of conflict during both the campaign and on election day were partly due to the presence of impartial security officials at polling centers. Although observers did hear reports of impartial Timor-Leste National Police members, such reports were not widespread. The presence of the police, with the assistance of international forces, was a strong deterrent to voter intimidation on election day. Remembering that political division within the security forces was a primary catalyst for the 2006 crisis, the Carter Center strongly encourages the donor community and the Timorese government to focus on the development of a professional and impartial police force. [ LINK ]

European Union Election Observation Mission Democratic Republic of Timor-Leste Parliamentary Elections 30 June 2007 PRELIMINARY STATEMENT The most serious incidents in the run-up to the elections occurred in Viqueque on 3 June, when a member of the CNRT campaign team was shot down by an off-duty policeman, and one villager was also killed by police officers at a road shortly after.

Peer Review Comments: The security forces in Timor-Leste were compromised by the 2006 crisis. However, there was no overt attempt to subvert or undermine the 2007 electoral process, given the heavy U.N. security presence across the country.

Peer Review Comments: Whereas there are exceptions, I do not believe it is fair to categorize all the security forces as being routinely prepared to use force to impose their political views in support of particular candidates/parties.

19e: In law, domestic and international election observers are allowed to monitor elections.

Score:

YES

Comments:

References: Law # 5 / 2006

Peer Review Comments: Codes of conduct for both sets of observers were enacted during 2007.

19f: In practice, election observers are able to effectively monitor elections.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Election observers have unfettered access to polling sites, counting stations, and voters themselves. The government does not interfere with the observers\' activities. <p>50 Score Criteria: Election observers generally have access to polling sites, counting stations, and voters but encounter restrictions in certain areas. The government may impose burdensome regulatory or bureaucratic requirements on observers to discourage their involvement. <p>0 Score Criteria: Election observers\' movements are significantly limited by the government and many polling and counting sites are restricted or barred from observers. The government imposes so many bureaucratic or regulatory burdens on the observers that their mission is rendered ineffective.$

Comments: The observers were given priority to access polling sites, counting stations, and voters themselves; however, discrimination against political agents happened all over the place.

References: Interview with Dr. Christopher Samson, director of LABEH, at his office, on 10 July 2007 Election Report of UN Certification mission

Peer Review Comments: Not clear what this refers to: 'discrimination against political agents happened all over the place'. If it refers to agents of poltical parties, then this is not relevant to this indicator.

Election observer reports by EU and solidarity groups do not report any obstacles to observers reporting elections

JSMP Report, August 2007 ELECTORAL COMPLAINTS DURING THE GENERAL ELECTIONS OF 2007 IN TIMOR-LESTE With the Support of AusAid As has been mentioned, the majority of complaints during the two rounds of the Presidential election concerned procedural issues. From the KOMEG observer forms of the second round, it is apparent that, although many issues were resolved at the polling station, a number of trivial matters were still referred to CNE, many of which CNE could do nothing about after the event. These included people wearing clothing with party emblems or photographs, and polling stations running out of ballot papers.

Peer Review Comments: Discrimination against agents was not widespread. Some incidents did occur, but these were addressed, in most cases, and did not have any bearing on the elections or the results.

Peer Review Comments: International observers were present in all districts and were able to function freely. If anything, they are more limited by their own budgets and human resource capacity than by government interference in terms of their access to polling stations and other voting activities.