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Nepal 2013 Constituent Assembly Election

OBSERVATION INTERIM REPORT

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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 bya 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 thepolitical leadership in all major parties as being unconstitutional, whilst the CPN-M and 33 poll-

opposing parties rejected the holding of elections without consensus.

The logistical capabilities of the Election Commission of Nepal were a matter of ongoingcommentary, 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 inpossession 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.

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EC directives were habitually broken, with 521 incidents of poll violation reported as of 13November. 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 inviolation of EC rules.

Violence and intimidation by poll-opposing forces from 11 November marred the immediate pre-election atmosphere. One bus driver died as a result of a petrol bomb lobbed at the vehicle he wasdriving, whilst eight of his passengers were severely injured.

A lack of transport for voters registered in constituencies outside of Kathmandu affected the abilityof 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 toboard 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 vehicleswere 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 asidentification, 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 theelections 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 participationof 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 dayprogressed.

Observers noted the early arrival of voters at polling stations across the country, reflecting anenthusiastic desire on behalf of voters to cast their ballots. At some polling stations within Kathmandu valley, campaigners were observed at entrances,

violating EC rules.

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Promotional material including posters were found in a number of instances within 100m of pollingstations, violating EC rules.

Observers noted instances in which the presence of candidates at polling stations could be perceivedas campaigning, in violation of EC rules.

Voter Participation

Voter turnout was unprecedented, with the EC claiming figures of at least 70 per cent. This supportsnumbers obtained by observers from polling station staff.

The strong participation of women was noted by observers, with extensive queues in locationsaround the country.

The participation of many elderly voters was observed, with security forces and volunteersfacilitating their mobility around polling stations.

Registered voters were observed being turned away from polling stations as a result of flawed voterlists. 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 anumber of districts.

Explosive devices and other suspected materials were found in locations remote from pollingstations and populated areas as a method of intimidation in Rupandehi.

In Bhotebahal, central Kathmandu, three children were injured one seriously as a result of anexplosive 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 inDailekh, 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 ofaccusations 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 haveresorted to booth capturing. An observer was reported to have been attacked and threatened at this

location for reporting the incident.

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In a polling centre at Depal VDC, Jumla, a ballot box was looted by party supporters resulting in thesuspension 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 Parbatdistrict, 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 inSarlahi-6, in which seven persons are reported to have been injured.

In Janakalyan polling centre, ShrinagarVDC, Humla, a remote mid-western district, polling startedonly 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 bysupporters of a major political party.

In Banjh VDC, Bajhang, security forces are reported to have entered a village in an attempt toencourage voter turnout, in what could be perceived as a forceful manner.

In Dandakot Higher Secondary school in Chamunda VDC, Dailekh, supporters of poll-opposingparties 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 officialsand security personnel, occurred.

In Depa higher secondary school polling centre Dandajheri VDC, Nawalparasi-1, supporters of amajor 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 Jumlas22 November re-poll is free, fair and credible.

NEOC strongly urges the EC to undertake a thorough and immediate investigation into all instancesof code violations occurring on 19 November.

NEOC strongly urges the EC to immediately and thoroughly address accusations of electoral fraudnow hindering the vote-count.

NEOC strongly urges the relevant authorities to investigate and bring to justice those that perpetratedcrimes in attempts to undermine and destabilize the electoral process.

NEOC strongly urges all poll contesting parties, candidates and concerned stakeholders to accept theelectoral verdict.

The End

Dr. Gopal Krishna Siwakoti

Secretary General