ELECTION POLICY RECOMMENDATIONS

C O N F I D E N T I A L SECTION 01 OF 03 DILI 000121

SIPDIS

DEPT FOR EAP/MTS,DRL,IO
USUN FOR RICHARD MCCURRY
SIPDIS

E.O. 12958: DECL: 3/23/2017
TAGS: PGOV KDEM UN TT
SUBJECT: ELECTION POLICY RECOMMENDATIONS


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CLASSIFIED BY: Elizabeth S. Wharton, Political / Economic
Officer, U.S. Embassy, Dili, East Timor, Department of State.
REASON: 1.4 (d)


1. (SBU) Summary: Our overarching policy continues to be focused
on supporting a credible elections process that expresses the
will of the Timorese people. The UN Elections Certification
Team (UNECT) continues to provide detailed analysis of the many
metrics that can be measured in making this determination,
especially on the legal and operational issues. The UN and other
international players, including USG-funded organizations, are
providing vital technical and logistical assistance. We must
also keep our eyes on these matters, encouraging the resolution
of key outstanding issues raised by UNECT, and through USAID
helping to fill important assistance gaps. However, perhaps the
most important role we can play is to focus on the broader
political environment. We should, in coordination with the UN
and our diplomatic partners, send a clear and public message to
the voting public, the candidates, political leaders, and
important Timorese institutions. This message needs to push
beyond the current public discourse on the color of ballot boxes
and the design of ballot papers - important issues that
nonetheless are arguments of the elite with little resonance
among the populace - to emphasize the basic goals and principles
of the election process and the civic responsibility entailed
for every Timorese citizen. End summary.

Our message
--------------


2. (C) In the lead up to the April 9 presidential elections, our
message to the range of electoral actors, from the voting public
to key national leaders, should focus on the following:

a. The question of whether or not party symbols are used on the
ballot must be resolved quickly and amicably in order to prevent
any further delay in the printing of ballots. It may already be
too late for resolution in time for ballots to be printed and
ready for April 9. Nonetheless, the urgency of resolving this
matter remains. This message must be delivered in the coming
few days, to top leadership, including President Xanana Gusmao,
the ruling Fretilin Party, and all presidential candidates.

b. The use of state resources by any individual in the course of
campaigning for any candidate or party is unacceptable and a
violation of basic international principles. This message can
be incorporated into the "basic principles" message below (item
d.). However, it primarily applies to Fretilin and therefore
should be addressed to key Fretilin officials.

c. A number of problems remain in the legal framework for the
elections. There is still time to address key issues and as we
have seen, the Government can act quickly to present laws to the
Parliament, and Parliament is capable of quick passage of laws
when pressed. SRSG Atul Khare reported to us on March 22 that
he is conveying a strongly worded letter to national leadership
regarding the importance of addressing key outstanding issues,
with an emphasis on problems in the legal structure. Post plans
to support this message in our interactions and seek out
additional meetings, particularly among Fretilin leadership, to
further emphasize the issue. Among the items we believe most
urgently need to be addressed, whether in the laws or
regulations, are:

-- Clarification of the current ambiguity regarding what
identification is acceptable in order to vote. The lack of
clarity could cause confusion and the possible turning away of
legitimate voters on election day, with important implications
for legitimacy and acceptance of the outcome.

-- Increased time for the submission of complaints. Current
deadlines have been cited by UNECT as so tight as to be
potentially useless.

-- A rationalized system for ballot counting. Both the current
law and the amendment that is pending promulgation attempt to
split the difference between proponents of polling station

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versus district level counting. The result is more problematic
than a clear choice one way or the other would be.

-- Exhibition and challenge arrangements for registration. The
voter registration process has lacked proper public scrutiny and
National Elections Commission (CNE) oversight. It is too late
to undo this, but there is still an opportunity to allow for a
proper period of exhibition and challenges of the voter rolls.

d. All candidates and their supporters should conduct themselves
strictly according to the codes of conduct, using only
legitimate means, without violence or intimidation, and
respecting the right of all other candidates and parties to
freely campaign. Those candidates who do not do as well as
hoped, as well as their supporters, must still accept the
outcome gracefully as part of the democratic process. Any
complaints about the conduct of the elections or challenges to
the legitimacy of the results must be conducted through
legitimate means. We plan to deliver this message at all
opportunities, and will specifically seek out meetings with all
candidates and campaign heads to emphasize this. In addition,
we are exploring the possibility of delivering a joint public
message, to be relayed via the media, with other members of the
diplomatic community. (Note: In this context, we believe it is
also important to impart this message to the Timorese armed
forces (F-FDTL). US Defense Representative will be discussing
with key F-FDTL leaders over the coming days F-FDTL's
constitutional obligations to refrain from interfering in the
electoral process, an obligation that is also spelled out in the
electoral laws. End note.)


3. (SBU) In preparing for the April 9 election outcome, Post is
preparing the ground work to deliver a unified message in close
consultation with the UN and diplomatic partners immediately
following the elections. UNECT has informed us that the
likelihood of them declaring the elections as fundamentally
illegitimate is minute and would only occur in the context of
extreme circumstances not foreseen at this time. The wide
perception that they will either give the election a stamp of
approval or "de-certify" is a misunderstanding of their mission.
Rather, they expect to produce a final report as a kind of
comprehensive score card on the elections, intended to be used
as a reference for further improving the conduct of future
elections, including any second round of the presidential
election and the upcoming parliamentary elections. Therefore,
the question of "will the elections be certified" appears to no
longer be the most relevant. If circumstances were to occur
resulting in UNECT rejecting the legitimacy of the elections
whole cloth, this would in all likelihood be a conclusion shared
by the UN and diplomatic community at large.


4. (U) The specifics of the message we deliver following the
election will be largely determined by variables yet to be
determined. However, preliminarily, our message should focus
on: congratulating the Timorese people on the completion of the
first national election run by Timorese electoral bodies;
encouraging all players to accept the election outcomes as the
valid democratic expression of the majority, regardless of
whether their candidate won; highlighting the legitimate means
available to all to file complaints or otherwise pursue
grievances related to the conduct of elections or the outcome.

Urgent Logistical Obstacles
--------------


4. (SBU) In addition to conveying clear messages regarding our
hopes and expectations for the elections, there may still be
ways for the USG to provide assistance to fill crucial last
minute gaps. We should continue to monitor election
preparations and identify urgent needs where timely assistance
could make a difference. Two examples of great logistical
concern have come to our attention are:

a. The CNE has reported to us that while preparations for
election day are coming along, they do not have any budget yet
to cover the expense of phones for the commissioners and staff
who will be in the field. Given the lack of hard phone lines,

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in many areas of the country, mobile phone connectivity will be
vital to CNE's work during the day and their ability to seek and
convey decisions on polling issues.

b. Aside from potential printing delays resulting from the
ballot design controversy (para 2.a.) there may be significant
logistical problems with completing the ballot printing on time.
At present there is only one machine in place; a second has yet
to arrive from Kupang (scheduled to arrive over the weekend).
This single machine must print 650,000 ballots in time for
distribution to over 700 polling stations. Even without any
breakdown, this will present a significant challenge and may not
be possible. UN sources say that printing must start by March
26 and experience no problems to finish printing five days ahead
of the vote and thus ensure on-time delivery of all ballots to
polling stations, 80 of which are remote enough to require
helicopter or foot delivery.


5. (U) Comment: The Presidential elections in a real sense are a
primer for the Parliamentary elections which will play out in a
much bigger way due to the power that is at stake. Flaws in
this election are not as fatal but smooth and basically fair and
free elections will build confidence in the ability of the GOET
and UNMIT to carry out the Parliamentary elections. End
comment.
HARSHA