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2008 Assessment

Yemen: Integrity Indicators Scorecard

Yemen: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	Is there an election monitoring agency or set of election monitoring agencies/entities?	100
18	Is the election monitoring agency effective?	40
19	Are elections systems transparent and effective?	54

Indicator and sub-Indicator Details

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: The Supreme Elections and Referenda Committee oversees all elections proceedings. Monitoring is also undertaken by candidates or their parties and by local and foreign monitors (nongovernmental organizations and regional blocs such as the European Union).

References: General Election and Referendum Law (13) 2001 of the Republic of Yemen and By-Laws

Is the election monitoring agency effective?

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

Score:

YES

Comments: The Supreme Committee for Elections and Referenda (SCER) is legally supposed to be independent and unbiased, and the law guarantees such independence. But the SCER has been known to be under the strong influence of the dominant party the General People's Congress, especially since 2001, as the president appoints its chairman.

References: Political Parites and Organizations Law

Law of Elections and Referenda 2001

[ LINK ]

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

Score:

100

Comments: As time progresses, the Supreme Committee for Elections and Referenda (SECR) is more under the control of the ruling party.

The SCER is appointed by presidential decree. This has often meant that even appointees from the opposition parties are decided by the Executive Branch.

References: [ LINK ]

[ LINK ]

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

Score:

100

Comments: There is a permanent secretariat and other permanent staff, However, leadership of the Supreme Committee for Elections and Referenda (SECR) is highly politicized and under the control of the General People's Congress (GPC).

The ruling party has greater control over the SECR and appoints its chairman and most of its members.

"At decentralized levels, the SCER has not yet succeeded in building a core team of permanent and skilled staff. For the implementation of field electoral operations, the SCER relies on temporary staff." From third source

References: [ LINK ]

[ LINK ]

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

Score:

100

Comments: There are always complaints about the timing of the reports and irregularities in the counting.

"The Supreme Committee for Elections and Referenda (SECR) needs to deal with technical issues such as the counting/reporting processes and improving disabled peoples access to the electoral process. Finally, the SCER needs to be more determined to enforce the election law, to be seen as more independent and to be more open and transparent, particularly in its relations with political parties. From Ace

References: [ LINK ] (Article 106)

[ LINK ]

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

Score:

100

Comments: "Penalties resulting from violations of the Election Law shall be applied exclusively by courts. The Public Prosecutors Office shall undertake all inquiries and investigation in accordance with the provisions of the Code of Criminal Procedures. The Supreme Elections Committee; main, supervisory and sub-committees; and any voter with a vested interest shall have the right to file lawsuits at office of Public Prosecutions or at any court of competent jurisdiction against any individual accused of committing a criminal electoral offense in accordance with the provisions of this law. From Ace

The Supreme Committee for Elections and Referenda (SECR) may present violations to the courts.

References: [ LINK ]

Law of Penalties and Law of General Elections and Referenda (2001)

Are elections systems transparent and effective?

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

Score:

100

Comments: There were far too many irregularities reported in 2006 that affected hundreds of thousands of voters (see the Voter Registration List in the first source).

"In addition, many constituencies were redistricted a month before the election in a manner that was not transparent to the public, international observers or the opposition parties." Redistricting is a part of the voter-registration effort. From second source

Because the Supreme Committee for Elections and Referenda (SECR) has not undergone any significant reform to strengthen its transparency and accountability, one is compelled to note that the commission has become merely a tool for the regime to maintain tight control of the electoral process, from registration to declaration of the results.

References: [ LINK ]

[ LINK ]

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

Score:

YES

Comments: Any voter with a vested interest shall have the right to file lawsuits at office of Public Prosecutions or at any court of competent jurisdiction against any individual accused of committing a criminal electoral offense in accordance with the provisions of this law. Any election official accused of negligence or professional misconduct shall also be subject to the provisions of this article. The aggrieved shall have the right to sue for compensatory damages. Such cases shall be dealt with instantly in courts of competent jurisdiction.

References: General Elections and Referendum Law 2001, Article 127

[ LINK ]

[ LINK ] (Structure of Judicial System)

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

Score:

100

Comments: "The judiciary did not thoroughly and carefully review election disputes; it responded to 56 separate complaints in the post-election period, taking only three days to issue its rulings, 35 which prompted complaints that the merits of different election disputes were not carefully considered." From first source

The 2006 election did not produce any disputes to speak of.

There have been a few cases related indirectly to elections, such as the one referred to in the above Yemen Times articles, where the judiciary was not deemed to be as supportive of citizen's rights as it should be.

References: [ LINK ]

[ LINK ]

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

Score:

100

Comments: "Historically, Yemens elections have been marred by violence and allegations of misconduct by military personnel stationed at polling centers, the National Democratic Institute stated. From Irin News

Army vehicles deliver most of the ballot papers, and the military has total control over communications and an operations room on elections day.

While the military may be the best prepared to handle the complex logistics of the elections, International Foundation for Electoral Systems (IFES) said their pervasive involvement could compromise the impartiality of the elections.

On the other hand, it is clear that many opinion-makers in print as well as in symposia see the military as being involved in political affairs beyond reasonable limits. From second source

References: [ LINK ]

[ LINK ]

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

Score:

YES

Comments: International observers have publicly been giving nod to the Yemeni elections but showing their criticism in written reports.

Local organizations have been able to monitor elections almost from the start of elections in 1993

References: Constitution and General Elections and Referenda Law 2001

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: "European election monitors visited about 20% of the polling centers and evaluated voting procedures as good or very good in 82% of them. Unfortunately, local observers findings are either not given the attention they deserve or have little capability of getting their observations to the world. From World Press

There was some harassment or exclusion. From Ace

There were reports of monitors being harassed.

References: [ LINK ]

[ LINK ]