Elections key milestone in implementing statute: EU EOM

Kathmandu, Mar. 20: The European Union’s Election Observation Mission (EUEOM) has said that elections were a key milestone in the implementation of the 2015 Constitution, with the legal framework providing a good basis for the conduct of the elections.

It has also recommended reviewing the impact of the quota system on the ethnic composition of the House of Representatives and Provincial Assemblies, and ensure that measure of affirmative action apply only to groups that are the subject of negative discrimination, it said while launching the final report on the House of Representatives and Provincial Assembly elections in the capital on Tuesday.

“The quota system, in an effort to promote gender and social inclusion, also includes groups that are already well-represented,” the report said.

Similarly, it recommended launching extensive voter education sufficiently in advance of the elections, in all languages used in Nepal, reviewing first-pass-the-post constituency boundaries to ensure more equal suffrage, and enforce the law in order to stop vote-buying.

The Election Commission of Nepal (ECN) lacked transparency during the House of Representatives and Provincial Assembly elections, the report said.

“Although the ECN performed its duties impartially, enjoying public confidence, its work lacked transparency. There was, for example, no mechanism for regular consultations with the election stakeholders, and the ECN failed to publish critical information on polling centre turnout and invalid voters,” said the election observation body.

It also said that there were also procedural weaknesses, particularly in relation to the reconciliation of the ballots. Voter education was also inadequate, in some areas non-existent.

It recommended enhancing the transparency of the election management body. 

“The ECN should enhance its transparency by regular consultations with stakeholders, and the timely publication of all information of public interest,” reads the report.

The EUEOM criticised the ECN, saying that though the latter had extensive powers to punish violations of the Election Code of Conduct, including by fines and disqualification, it dealt with complaints in a largely informal manner, requesting that those violating it stop the behaviour.

“This lack of enforcement undermined the integrity of the code. Allegations that both cash and in-kind gifts were given to voters circulated widely, but not a single prosecution for vote-buying was initiated,” said Zeljana Zovko, Chief Observer of the EU EOM.

It has also suggested producing a less restrictive Code of Conduct, including provisions for the allocation of free airtime to political parties or candidates in the public media, and introducing administrative procedures to accord priority to election-related cases filed with the Supreme Court.

Meanwhile, the EU EOM has submitted its election observation report to the ECN. Zovko handed over the report to Chief Election Commissioner Dr. Ayodhi Prasad Yadav on Tuesday.

Zovko congratulated the ECN for the successful implementation of the elections while Dr. Yadav extended his appreciation to the EU and international community for their support and motivation.

Published in The Rising Nepal on 21 March 2018.