Identifier
Created
Classification
Origin
07DILI136
2007-04-03 11:45:00
CONFIDENTIAL
Embassy Dili
Cable title:  

ELECTORAL CERTIFICATION PRIORITIES

Tags:  KDEM PGOV PREL UN TT 
pdf how-to read a cable
VZCZCXRO2858
RR RUEHPB
DE RUEHDT #0136/01 0931145
ZNY CCCCC ZZH
R 031145Z APR 07
FM AMEMBASSY DILI
TO RUEHC/SECSTATE WASHDC 3421
INFO RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE
RHHMUNA/HQ USPACOM HONOLULU HI
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEHLMC/MILLENNIUM CHALLENGE CORP
RUCNDT/USMISSION USUN NEW YORK 0900
RUEHKO/AMEMBASSY TOKYO 0701
RUEHBY/AMEMBASSY CANBERRA 0959
RUEHWL/AMEMBASSY WELLINGTON 0785
RUEHLI/AMEMBASSY LISBON 0850
RUEHBR/AMEMBASSY BRASILIA 0503
RUEHROV/AMEMBASSY VATICAN 0095
RUEHGV/USMISSION GENEVA 0094
RUEHDT/AMEMBASSY DILI 2782
C O N F I D E N T I A L SECTION 01 OF 02 DILI 000136 

SIPDIS

SIPDIS
DEPT FOR EAP/MTS,IO,DRL
PACOM FOR POLAD AND JOC
TOKYO FOR HANS KLEMM

E.O. 12958: DECL: 4/2/2017
TAGS: KDEM PGOV PREL UN TT
SUBJECT: ELECTORAL CERTIFICATION PRIORITIES

REF: Dili 121

DILI 00000136 001.2 OF 002


CLASSIFIED BY: Seiji T Shiratori, Deputy Chief of Mission, EXEC,
State.
REASON: 1.4 (b),(d)



C O N F I D E N T I A L SECTION 01 OF 02 DILI 000136

SIPDIS

SIPDIS
DEPT FOR EAP/MTS,IO,DRL
PACOM FOR POLAD AND JOC
TOKYO FOR HANS KLEMM

E.O. 12958: DECL: 4/2/2017
TAGS: KDEM PGOV PREL UN TT
SUBJECT: ELECTORAL CERTIFICATION PRIORITIES

REF: Dili 121

DILI 00000136 001.2 OF 002


CLASSIFIED BY: Seiji T Shiratori, Deputy Chief of Mission, EXEC,
State.
REASON: 1.4 (b),(d)




1. (C) Summary: The United Nation's Electoral Certification
Team (ECT) has published its Fifth report dated 16 March 2007
regarding the 2007 parliamentary and presidential elections in
East Timor. While the comprehensive report by the independent
body concluded that major corrective steps in the Third and
Fourth reports had not yet been taken, thus finding that the
process was still "not proceeding satisfactorily," other UN
bodies qualify that the ECT's work represents the international
gold standard of election administration which even few
developed countries meet. According to UNMIT, two major issues
cited in the report, overall security in Dili and GOET financial
support for the National Elections Commission (CNE) secretariat,
have already been addressed. The GOET's current insistence on
waiting until the day before the elections, April 8, to
distribute ballots could delay voting in some areas. Post
judges that the biggest question about elections in East Timor
is whether the Timorese public will accept the results
peacefully. An important secondary concern remains how closely
the electoral laws, regulations, and procedures will comply with
key international standards in order to make the call that they
are free and fair. Outstanding procedural questions which post
will continue to press the GOET to address, particularly
following the presidential elections and prior to the more
critical parliamentary elections, include prohibition on the use
of state resources in campaigns, the period for lodging
electoral complaints, and efficacy of the independent oversight
body. End summary.


2. (C) Most contacts agree that although there will be some
logistical imperfections and other stumbling blocks along the
way, East Timor's upcoming elections will generally succeed on
the purely procedural concerns. As described reftel, the risk
that East Timor's presidential and parliamentary elections will

fail on procedural grounds or be de-certified by the UN's
independent Electoral Certification Team (ECT) is not as great
as the risk that political discord or failure to accept the
results peacefully will follow. We are, however, continuing to
monitor the certification process to identify and press for
resolution of the most urgent outstanding operational issues.
East Timor's electoral process has been certified on only two of
the nine benchmarks used by the ECT. The ECT has produced five
reports outlining a total of more than thirty outstanding
concerns. These concerns have not been prioritized by the ECT.
A sixth report is expected following the first round of the
presidential election on 9 April.


3. (SBU) Discussions with USAID's implementing partners, UN
electoral officials, and other observers of this process
generally highlight the following concerns as the most salient
with regard to whether the elections are free and fair.

--- Use of state resources. There is still no legal
prohibition on this and no sign that such a legislative fix is
pending. This was highlighted in the ECT's Third Report.

--- Period for lodging complaints. The Third Report
recommended a longer period for complaints and for rulings on
complaints. No solution has been proposed.

--- Independent oversight. The Third Report recommended
legislation allowing the CNE to seek court orders, to view
documents and records of the State Technical Administration for
Elections (STAE) and other agencies, and to take statements from
officers of STAE and others agencies. No solution has been
proposed.

--- Voter identification documents. The Third Report
recommended allowing people to vote without a voter registration
card if they have adequate other means of proving their identity
and their qualification to vote. The Report recommended
correcting this legislatively, but there is a proposal to

DILI 00000136 002.2 OF 002


correct it administratively.

--- Threshold of votes. The Third Report called for legal
clarification whether these thresholds would be calculated on
total votes or total valid votes in a legislative district.
This has not been corrected.

--- Carrying weapons. The Third Report recommended a legal
prohibition on weapons near the polling centers except for
on-duty personnel providing security for the election. CNE has
proposed to address this by regulation, but the Fifth Report
questions whether a regulation would give police authority to
enforce the weapons prohibition.


4. (SBU) In a briefing to international donors 30 March, UNMIT
Deputy SRSG Finn Reske-Nielsen stated that since the release of
the Fifth report of the ECT, the GOET had passed an election law
and two major issues raised in the report had been addressed.
First, ongoing concerns raised by the ECT about security and
possible election violence in Dili had thus far not come to
pass. There had been no major security incident in the campaign
thus far and minor incidents in Dili were being addressed by
UNPOL and the ISF (International Stabilization Force). Second,
the GOET was addressing concerns about the institutional
capacity of the CNE. Over the last week, the STAE had approved
the addition of two staff and financial support to the CNE
secretariat. UNMIT judged that while the CNE was a young

SIPDIS
institution, it was meeting with them weekly and they were
impressed with the quality of the commissioners. In a meeting 3
April, President of the CNE Faustino Cardoso told Charge that
while the CNE desired greater budget flexibility to purchase
cell phones and other communication equipment, UNDP was
assisting with radios and cell phones, and the CNE would be able
to do its job.


5. (SBU) Comment: Although the primary concern with elections
remains whether the Timorese public will generally accept the
results peacefully and not resort to further destabilizing
activities, the USG will also continue to push the GOET for
maximum progress on tightening and perfecting electoral laws,
regulations, and procedures in relation to international
benchmarks, including pushing the GOET to back off its current
stance of waiting until 8 April to distribute ballots. The
period between the presidential election and the parliamentary
election will be useful for taking stock and making necessary
improvements. This is critical because there is much more at
stake in the parliamentary elections and much greater potential
for disagreement over the results. End comment.
NAGY