Election Issues 22 What electoral fraud in 2006 and 2014? (a version appeared in FT, 2 August 2014) Professor Wadan Narsey

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Election Issues 22 What electoral fraud in 2006 and 2014? (a version appeared in FT, 2 August 2014) Professor Wadan Narsey [There is a correction here to Table 1, with the row labels incorrectly reversed in the FT article] [Note also that The Fiji Times prefers to use the term itaukei where I use the term indigenous Fijians or Fijians, and Fijians of Indian descent where I use the term Indo-Fijians ] Many anonymous bloggers are already alleging that the Bainimarama Government will be rigging the forthcoming September 2014 elections. Such allegations have been made before, and despite being unsubstantiated, have had disastrous results, politically and economically, and must be guarded against. Here I take you back to the last 2006 election where soon after the results were announced, the Fiji Labour Party (FLP) claimed that they had been cheated of victory by SDL s electoral fraud. This electoral fraud claim was then used by Bainimarama, as one of his justifications for the 2006 coup. But when the Leader of the FLP and a few of his colleagues joined Bainimarama s government, none of them produced any significant evidence of electoral fraud, despite being in government for more than a year.. Neither was there any significant evidence of electoral fraud produced by the Director of the Human Rights Commission (Dr Shaista Shameem) who financed and propagated a report by Dr James Anthony to justify the allegations. Nevertheless, the claims of electoral fraud have been believed by many Indo-Fijians and the allegations never retracted to this day, and even repeated by Bainimarama for seven years. It is therefore useful to re-look at the voting numbers from 2006 (and from 2001 and 1999) to see what lessons they hold for guarding against electoral fraud in the 2014 elections. In a box, I list a number of 2006 allegations which political parties, candidates and voters can think about to consider their relevance for the September 2014 elections. [This paper is drawn from a longer submission I had made to the Yash Ghai Commission]. Possible indicators of electoral fraud? Given that the majority of SVT and SDL supporters were indigenous Fijians, and that the majority of supporters for the Fiji Labour Party were Indo-Fijians, there were two possible ethnicity-based indicators of possible electoral fraud in 1999, 2001 and 2006: (a) were the numbers of registered indigenous Fijian voters higher than the potential numbers of voters indicated by population projections, and higher than the Indo-Fijian proportion? 1

(b) was the proportion of registered Fijians voting systematically higher than the similar proportion for Indo-Fijians? These two questions can be examined in aggregate for Fiji, or by individual constituencies. The electoral results suggest completely the opposite of the allegations. The 2007 Census data and potential voters One can work backwards from the 2007 Census results to estimate the numbers of potential voters for 2006 by reducing the Fijian number by 1.9% (that is the annual growth rate of Fijian voters) and by reducing the Indo-Fijian number by a smaller 0.1%, the growth rate of Indo-Fijian voters. Table 1 gives the results for percent. of potential voters who were registered by ethnicity. Table 1 Perc. of Potential Voters Registered (2006) Fijians Indo-Fijians Number registered 256,014 204,470 Potential voters 261,876 205,723 Percent. Registered 98% 99% The last row indicates that a lower 98% of eligible Fijian voters were actually registered than the 99% of Indo-Fijians, but both were pretty close to 100%. It is highly unlikely that hordes of non-existent indigenous Fijian voters had been registered by the SDL in order to swamp the Indo-Fijian vote. And regardless of the excessive numbers of ballot papers that had apparently been printed, what percentage of those registered voters actually voted? The last row of Table 2 tells you that a much lower 87% of registered Fijian voters actually voted in 2006, compared to the higher 89% of registered Indo-Fijians. Table 2 Percent. Of Registered Voters actually voting (2006) Indigenous Fijians Indo-Fijians Registered voters 256,014 204,470 Actually voting 222,660 182,476 Percentage voting: 87 89 A higher proportion of potential Indo-Fijian voters were registered than Fijians. AND A higher proportion of registered Indo-Fijian voters actually voted, than Fijians. This was true in all the last three elections: 1999, 2001 and in 2006 as indicated by Table 3. Table 3 Percentage voting in elections of 1999 2001 2006 Fijian Communal 89 78 87 Indian Communal 92 80 89 General Communal 85 73 84 Rotuman 89 76 88 2

In all these elections, the Indo-Fijian election turnout was higher than indigenous Fijian and the Others. It was highly unlikely that numbers of indigenous Fijians voting were in any way artificially inflated by either SVT or SDL. Both ethnic communities saw much lower proportions voting in 2001 (soon after the 2000 coup) than in either 2001 or 2006. But what about at the individual constituency level, where there WAS one strange anomaly of more people voting than voters actually registered? One small constituency irregularity There was only one odd result in the 2006 elections, in the Cakaudrove East constituency where there were some 7,587 voters registered and 7,639 voters actually voted, with the extra votes amounting to a mere 52 voters (Table 4). This was hardly evidence of electoral fraud, for two reasons. First, one can easily imagine rural areas where small groups of Fijian voters may have just gone to the wrong polling booths. In fact, right alongside Cakaudrove East was another Fijian constituency, Cakaudrove West, where a massive 1,987 registered indigenous Fijian voters did not vote, OR more likely, some of them may have incorrectly voted in Cakaudrove East. Second, note that the SDL won Cakaudrove East by a massive margin of 5,353 votes over all the other parties combined. The 52 extra votes was a drop in bucket and no one with any common sense would suppose that SDL would have even bothered to cheat in that constituency. Unlike the current electoral system, in 2006, having extra votes in any one constituency is no help whatsoever to winning in any other constituency. Yet allegations of electoral without an iota of evidence have continued to be made and believed by Indo-Fijians. Indo-Fijians believe what they wanted to believe Most Indo-Fijians still believe the FLP's allegations of electoral fraud in 2001 and 2006, although no such allegation was made about the 1999 elections when they won. One can understand the Indo-Fijian communities suspicions, given that twice (in 1987 and 2000), military coups removed their political leaders from control of government, with systemic violence directed against them. There is little doubt that FLP s allegations of electoral fraud against SDL undermined national and international confidence in the resulting SDL/FLP multi-party government, and helped to justify the 2006 Bainimarama coup 3

This bitterness factor may have ironically encouraged the FLP leader (and other Indo-Fijian leaders) to join the Bainimarama Government after the 2006 coup, however unethical it seemed to neutral observers. The irony is that eight years later, the same FLP is in partnership with SODELPA (the successor to SDL) fighting the elections against the Bainimarama Government s Fiji First Party. There is little doubt that had all the lawfully elected governments been allowed to continue their full terms in 1987, 2000 and 2006, they would have accelerated economic growth to levels achieved by other comparable countries such as Mauritius and Singapore, and allowed many progressive social policies for Fiji such as in education and health. Fiji faces the same problem today. Should the Fiji First Party win a surprisingly large number of seats in September, how likely is it that there will once again be: * allegations of electoral fraud by the Bainimarama Government * undermining local and international confidence in the legitimacy of the elections outcome * fuelling further political instability, * further undermining investor confidence * and once again reducing economic growth? Lessons for the 2014 Elections In the previous elections with 71 separate constituencies, if there were close results in any one of them, then a few hundred votes rigged this way and that, could have made a difference to that particular constituency result, and the overall national tally of political parties. BUT for the September 2014 elections, there is only one national constituency and the number of seats for each party will decided by its SHARE OF TOTAL VOTES in aggregate. VERY DIFFERENTLY FROM PREVIOIUS ELECTIONS, fiddling or vote-rigging a few hundred votes here and there in some polling station, WILL NOT MAKE ANY SIGNIFICANT DIFFERENCE to the final aggregate numbers of votes and seats received by each political party. An honest and efficient Elections Office will easily pick up any electoral fraud. The September 2014 voter rolls are all computerised and voters will only be able to vote at their designated polling stations. The two mobile companies, Digicel and Vodaphone, have agreed to provide an extremely helpful free SMS service that has significantly reduced the headache and transport costs for voters having to find which polling station they are supposed to vote at. 4

This will still be a costly exercise for those not having access to a mobile phone- that Elections Office officials and political party workers can try and remedy. Since there are no estimates of numbers of voters based on constituencies or ethnicity, such checks will be no longer possible, only checks on AGGREGATE numbers of total potential voters, total registered and total voting. But there will be no difficulty in picking up if more persons have voted than are registered at any of these polling stations, or if there are systemic biases in percentages of registered voters voting at each polling station, favouring some political party or other. The only real possibility of vote rigging will be if results from polling stations are systematically changed in the reporting to the central Elections Office. Political parties, NGOs and international observers must therefore make sure that they (a) closely monitor the counting of votes for each candidate at as many of the polling stations as possible, and (b) check their results with what is eventually put out by the Elections Office for that polling station. 5

Annex A Previous alleged irregularities unlikely in the September 2014 Elections I suggest that most of these previous allegations were not evidence of widespread electoral fraud by either the SVT or SDL, but merely symptoms of government inefficiencies and a bad electoral system (giving and counting of preferences in the alternative vote system, above the line and below the line ambiguities). * lack of institutional knowledge by Supervisor of Elections; * Elections Office lacking funding, * electoral officials favouring some party * disenfranchisement of certain voter groups * flawed registration processes * lack of integrity in the electoral roll * the main voter roll not ready on time; * excessive ballot papers being printed * old traditional wooden ballot boxes being used with sufficient gaps beneath the lids to allow ballot papers to be inserted after the boxes were sealed", * inappropriate allocation of polling stations and ballot boxes; * "only 12% of polling stations were being headed by women" * composition of the polling staff not reflecting the balance of Fiji s ethnic communities * high levels of invalid votes * no recount of some close votes I suspect that none of these allegations will have any relevance in the September 2014 elections, even if some may have doubts about the integrity of the cherubic Supervisor of Elections appointed by the Bainimarama Government. Of greater impact and more questionable are the inherent advantages that the Bainimarama Government currently enjoys by being able to distribute tax-payers funds as a government, right up to election day, possibly influencing voters towards some government ministers or civil servants who are going to be candidates in the September elections. 6

Table 4 Voters Listed Numbers Voting No Constituency Type 1999 2001 2006 1999 2001 2006 1 Bua Fijian Fijian Comm. 6357 6972 6749 5966 6050 6245 2 Kadavu Fijian Fijian Comm. 5845 6540 6089 5371 5328 5476 3 Lau Fijian Fijian Comm. 6807 7536 6612 6343 6197 5943 4 Lomaiviti Fijian Fijian Comm. 8131 8743 7650 7265 7009 6906 5 Macuata Fijian Fijian Comm. 9377 9964 9823 8545 8076 8956 6 Nadroga/Navosa Fijian Fijian Comm. 16051 17415 19044 14718 13672 16704 7 Naitasiri Fijian Fijian Comm. 11449 12488 12067 10511 10214 10874 8 Namosi Fijian Fijian Comm. 2856 3053 3340 2658 2531 3066 9 Ra Fijian Fijian Comm. 9570 10589 10880 8831 8586 9590 10 Rewa Fijian Fijian Comm. 6289 6832 7341 5798 5636 6675 11 Serua Fijian Fijian Comm. 3903 4065 4473 3630 3423 4112 12 Ba East Fijian Fijian Comm. 10019 11115 11836 9201 8955 10215 13 Ba West Fijian Fijian Comm. 12435 13141 15348 11076 10077 12650 14 Tailevu North Fijian Fijian Comm. 8946 9534 9682 8407 7838 8687 15 Tailevu South Fijian Fijian Comm. 8738 9635 10303 7938 7934 9389 16 Cakaudrove East Fijian Fijian Comm. 8054 8808 7587 7120 6923 7639 17 Cakaudrove West Fijian Fijian Comm. 9062 9855 11609 8426 8328 9622 18 North East Fijian Fijian Com.Urban 13234 14477 17155 10785 10618 14560 19 North West Fijian Fijian Com.Urban 15307 16306 18864 12965 11531 15550 20 South West Fijian Fijian Com.Urban 12070 13215 15093 10174 9728 12518 21 Suva City Fijian Fijian Com.Urban 11653 12663 12707 9914 9337 10435 22 Tamavua/Laucala Fijan Fijian Com.Urban 12573 13701 16068 10801 10139 13491 23 Nasinu Fijian Fijian Comm. 11538 12417 15694 9857 8980 13357 24 Suva City General General 3772 4107 3523 3231 2956 2896 25 North Eastern General General 4556 4894 4701 3860 3694 4042 26 Western/Central General General 5701 5942 5593 4890 4328 4657 27 Vitilevu East/Maritime Indian Ind.Comm. 7760 8230 7256 7324 7006 6621 28 Tavua Indian Ind.Comm. 8477 9197 8536 8070 7873 7912 29 Ba East Indian Ind.Comm. 10049 10487 8203 9394 8912 7532 30 Ba West Indian Ind.Comm. 10188 11240 11538 9450 9149 10155 31 Lautoka Rural Indian Ind.Comm. 9667 10253 11200 9104 8304 9841 32 Lautoka City Indian Ind.Comm. 11849 12356 12308 10806 9285 10634 33 Vuda Indian Ind.Comm. 11286 11584 10526 10413 9316 9239 34 Nadi Urban Indian Ind.Comm. 12336 13019 13081 11437 10088 11453 35 Nadi Rural Indian Ind.Comm. 9678 10160 11467 9079 8629 10394 36 Nadroga Indian Ind.Comm. 11179 11833 11240 10552 9879 10350 37 Vitilevu South/Kadavu Indian Ind.Comm. 7839 8290 8407 7222 6623 7586 38 Suva City Indian Ind.Comm. 13280 14435 12568 11837 10055 10618 39 Vanualevu West Indian Ind.Comm. 8839 9186 7754 8200 7612 7193 40 Laucala Indian Ind.Comm. 14453 15343 18610 13171 11374 15983 41 Nasinu Indian Ind.Comm. 12090 13075 14789 11218 10393 13327 42 Tailevu/Rewa Indian Ind.Comm. 10875 11519 11641 10257 9108 10525 43 Labasa Indian Ind.Comm. 9668 9996 10248 8793 8148 8986 44 Labasa Rural Indian Ind.Comm. 9775 10113 7416 8806 8568 7012 45 Macuata East/Cakaudrove Indian Ind.Comm. 8332 8721 7682 7641 7203 7115 46 Rotuma Rotuman Comm. 5232 5567 5373 4682 4255 4737 7

Table 5 Percent. Voting Percent. Not Voting 1999 2001 2006 1999 2001 2006 1 Bua Fijian Fijian Comm. 94 87 93 6 13 7 2 Kadavu Fijian Fijian Comm. 92 81 90 8 19 10 3 Lau Fijian Fijian Comm. 93 82 90 7 18 10 4 Lomaiviti Fijian Fijian Comm. 89 80 90 11 20 10 5 Macuata Fijian Fijian Comm. 91 81 91 9 19 9 6 Nadroga/Navosa Fijian Fijian Comm. 92 79 88 8 21 12 7 Naitasiri Fijian Fijian Comm. 92 82 90 8 18 10 8 Namosi Fijian Fijian Comm. 93 83 92 7 17 8 9 Ra Fijian Fijian Comm. 92 81 88 8 19 12 10 Rewa Fijian Fijian Comm. 92 82 91 8 18 9 11 Serua Fijian Fijian Comm. 93 84 92 7 16 8 12 Ba East Fijian Fijian Comm. 92 81 86 8 19 14 13 Ba West Fijian Fijian Comm. 89 77 82 11 23 18 14 Tailevu North Fijian Fijian Comm. 94 82 90 6 18 10 15 Tailevu South Fijian Fijian Comm. 91 82 91 9 18 9 16 Cakaudrove East Fijian Fijian Comm. 88 79 101 12 21-1 17 Cakaudrove West Fijian Fijian Comm. 93 85 83 7 15 17 18 North East Fijian Fijian Com.Urban 81 73 85 19 27 15 19 North West Fijian Fijian Com.Urban 85 71 82 15 29 18 20 South West Fijian Fijian Com.Urban 84 74 83 16 26 17 21 Suva City Fijian Fijian Com.Urban 85 74 82 15 26 18 22 Tamavua/Laucala Fijan Fijian Com.Urban 86 74 84 14 26 16 23 Nasinu Fijian Fijian Comm. 85 72 85 15 28 15 24 Suva City General General 86 72 82 14 28 18 25 North Eastern General General 85 75 86 15 25 14 26 Western/Central General General 86 73 83 14 27 17 27 Vitilevu East/Maritime Indian Ind.Comm. 94 85 91 6 15 9 28 Tavua Indian Ind.Comm. 95 86 93 5 14 7 29 Ba East Indian Ind.Comm. 93 85 92 7 15 8 30 Ba West Indian Ind.Comm. 93 81 88 7 19 12 31 Lautoka Rural Indian Ind.Comm. 94 81 88 6 19 12 32 Lautoka City Indian Ind.Comm. 91 75 86 9 25 14 33 Vuda Indian Ind.Comm. 92 80 88 8 20 12 34 Nadi Urban Indian Ind.Comm. 93 77 88 7 23 12 35 Nadi Rural Indian Ind.Comm. 94 85 91 6 15 9 36 Nadroga Indian Ind.Comm. 94 83 92 6 17 8 37 Vitilevu South/Kadavu Indian Ind.Comm. 92 80 90 8 20 10 38 Suva City Indian Ind.Comm. 89 70 84 11 30 16 39 Vanualevu West Indian Ind.Comm. 93 83 93 7 17 7 40 Laucala Indian Ind.Comm. 91 74 86 9 26 14 41 Nasinu Indian Ind.Comm. 93 79 90 7 21 10 42 Tailevu/Rewa Indian Ind.Comm. 94 79 90 6 21 10 43 Labasa Indian Ind.Comm. 91 82 88 9 18 12 44 Labasa Rural Indian Ind.Comm. 90 85 95 10 15 5 45 Macuata East/Cakaudrove Indian Ind.Comm. 92 83 93 8 17 7 46 Rotuma Rotuman Comm. 89 76 88 11 24 12 8