Conflict Management in Electoral Processes: Nepalese Experience. Maheshwor Neupane Joint Secretary Election Commission, Nepal

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1 Conflict Management in Electoral Processes: Nepalese Experience Maheshwor Neupane Joint Secretary Election Commission, Nepal

2 Map of Nepal

3

4 Introduction ECN is an autonomous and independent body mandated to conduct, supervise, control and manage elections. Comprises 5 commissioners including Chief Election Commissioner appointed by President with the recommendation of constitutional Council followed by Parliamentary hearing Tenure of Election Commissioners has recently been completed and another appointment is yet to be made, Permanent secretariat comprises of 700 staff.

5 Vision, Mission and Guiding Principles Vision: Develop ECN as an independent, impartial competent organization to hold credible elections. and Mission: To conduct free, fair and mandated by the Constitution. credible elections as Guiding Principles: Accountability, participation, transparency, integrity, impartiality, credibility, independence and service orientation.

6 Goals Create a free, fair and fearless election atmosphere through timely reforms of the electoral system and processes Ensure accuracy in the electoral rolls and in the identification of voters Increase voters awareness Reform the overall electoral management system Develop human resources Use modern technology for election information management system Develop infrastructure of ECN and polling stations Increase cooperation with stakeholders Emphasize research and development activities Develop effective monitoring and evaluation mechanism.

7 Brief Electoral History of Nepal Establishment of Office of the Chief Election Commissioner , House of Representatives (HoR) election -1959, Election Commission Act promulgated , Referendum , Election of Rastriya Panchyat in 1981 and 1986 under Panchyati regime, HoR election in 1991, 1994 and 1999 after the restoration of multi party democracy, Election of local bodies in 1992 and 1997, Constituent Assembly (CA) Election in 2008.

8 Legal frameworks Interim Constitution of Nepal, 2007 Election Commission Act, 2007 Electoral Roll Act, 2007 Electoral Roll Rules, 2012 Local Bodies(Election Procedures) Act, 1991 Election (Offences and Punishment) Act, 2007 Political Parties Act, 2002

9 Major Functions Manage National and Local elections and Referendums. Prepare and update electoral rolls. Register, regulate and monitor political parties. Draft electoral laws, and Promulgate regulations and procedural guidelines. Determine polling centers and locations. Conduct voter registration and education programs. Interact with stakeholders. Capacity development.

10 Current Electoral Reform Initiatives Reforms Initiatives are guided by Strategic Plan, Biometric voter registration with photograph Drafting of integrated electoral law Integrating Electoral education through Establishment of Electoral Education and Information Center(EEIC) Developing GIS with details of polling center information Use of IT in the whole electoral cycle.

11 Current Electoral Reform Initiatives Contd.. Training and capacity building of ECN staff and stakeholders Promulgation of Gender policy of ECN Integrated targeted program for addressing inclusion issues Mitigating electoral violence Better planning for upcoming election Integrating logistics and other resources for the elections.

12 Major Achievements of Reforms Electronic Voter s Registration million Establishment of Electoral Education and Information Centre( EEIC) Developed about 2000 local Resource Person for VE and training Recommendations to CA on new electoral system Preparation of framework for integrated electoral legislations Provided BRIDGE Training to 1000 plus participants from ECN & other stakeholders Introducing GIS in electoral management including PCML Feasibility study on mobile voting and PWD friendly infrastructure Feasibility Study on out of country and absentee voting.

13 Electoral Conflict: Concept The 2011 World Development Report on Conflict, Security and Development defines electoral violence as one of several forms of organized violence, and notes that the remaining forms of 21st Century conflict and violence do not fit neatly into war and peace or into criminal violence or political violence.

14 Electoral Conflict: Concept Electoral conflict is conflict of interests among stakeholers that may turn to violence. Electoral Violence is any harm or threat of harm to any person or property involved in the election process, or to the election process itself, during the election period. When conflict or violence occurs, it is not a result of an electoral process; it is the breakdown of an electoral process. In certain circumstances, elections have the potential to divide and destabilize. Kenyan election and other examples of election that have exacerbated long-term conflict ( Angola 1992) and (Bosnia and Herzegovina 1996).

15 A Generic Electoral Cycle

16 Key Actors in Electoral Conflict Political Parties Election Commission Government including Security organizations Divided Voters Media Civil Society Organizations

17 Policies And Mechanisms To Manage Conflict Code of Conduct Acts, Regulations -Election (Offences and Punishment) Act -Political Party Act Election Commission and its committees Inter Party Dialogue Mechanism Regular Courts Election Special Court

18 Violence in CA Election 2008 Election Violence (Pre-Election) Number of Incidents by Month

19 Petitions to CA Court 16 petitions (12 FPTP and 4 PR cases) 2 candidates who won election received order not to attend the CA until final Court decision, and finally they won their case. Code of Conduct Complaints to ECN 854 complaints were lodged with ECN Complaints adjudication led to re-election in 106 Polling Booths Many duplicate complaints, and 304 didn t require action.

20 Electoral Security Coordination Mechanisms in CA Election 2008

21 Potential Triggers of conflict and Violence in Upcoming Elections The legal front: Which path to end the Constitutional vacuum? Emerging political issues: The challenge of consensus building -State Restructuring -Political inclusion, marginalization and representation -Crisis of confidence and credibility The political actors: Political will and the rules of the game -Continuing political party re-alignment and fragmentation -Decentralizing and regionalizing politics -Intra-party democratization and transparency -Women in Politics Business as usual and powerlessness.

22 Potential Triggers (Contd.) Money in politics: The cost of getting elected -Election cost -Muscle in politics The criminalization of politics -Use of Don in Politics -Armed groups Voters: Mobilization for or against violent electoral politics Risks in different phases: Before, during and after polling -Phase 1 Pre-electoral violence -Phase 2 Violence during the formal electoral process *The Political Campaign and silence period *Polling Day threats *Count, -Phase 3-After Election Violence * acceptance of results, and post-election threats

23 Challenges to Improving Electoral Security, Justice, and Integrity The security sector, government and ECN partnership Neutrality of the Government Challenges to improving and integrating electoral security Criminal and electoral cases: Incident response instead of justice The ECN, electoral reform and modernization Electoral integrity: Observers, media, CSOs and internationals Beginning a continuous anti-violence campaign.

24 Conflict Management Strategy Pro-actively engage political parties in All-Party Meetings. Seek a higher standard of integration between the ECN and security agencies. Strictly enforce criminal and electoral law and Code of Conduct. capacity and Independence of the ECN. Increase the role of women in politics. Improve impartiality, coverage and coordination of observers (especially long term observers), the media, CSOs and the international community. Urgently facilitate a national anti-violence campaign strategy.

25 Strict enforcement of CoC/EDR from day 1 Gender sensitive Security Agencies under ECN, integrated information and response Phased election KEY MEASURES Continuous antiviolence messaging campaign Technology (CCTV, GIS, EVM, ID card, BVL, social media, SMS) Observer impartiality, coverage and coordination Peaceful and accountable Political Parties

26 Thank You!

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