COUNTING PROBLEMS DELAY OFFICIAL PRESIDENTIAL ELECTION

UNCLAS SECTION 01 OF 02 DILI 000151 SIPDIS SENSITIVE DEPT FOR EAP/MTS, DRL, IO USUN RICHARD MCCURRY TOKYO FOR HANS KLEMM SIPDIS E.O. 12958: N/A TAGS: PGOV KDEM UN TT SUBJECT: COUNTING PROBLEMS DELAY OFFICIAL PRESIDENTIAL ELECTION RESULTS DILI 00000151 001.2 OF 002 ¶1. (SBU) Summary: The National Electoral Commission (CNE) has delayed the originally scheduled announcement of the provisional national results for the April 9 presidential elections due to multiple problems with the tabulation and documentation of votes. According to its interpretation of the law, supported by international legal advisors, CNE can take an additional two days, up until the evening of April 18, to finalize its tabulation and announce the national provisional results. It is likely that CNE will need all the available time, if not more. The primary problems the Commission faces are mistakes in the completion of the district tabulation documents, including incomplete documentation or inconsistent numbers in the reports. Although with minor exceptions these mistakes appear to be the product of human error rather than fraud, the existence of so many counting problems has continued to feed suspicions of political manipulation. This cable includes our suggested talking points for media inquiries. End summary. ¶2. (U) At a press conference this afternoon, April 16, the CNE provided an overview of the current status of national tabulation of the results of the April 9 presidential elections. CNE had planned to make the announcement on April 15; however, the discovery of multiple omissions and discrepancies in the polling center and district center tabulation led to a significantly increased burden on CNE to complete the national tabulation. According to the CNE spokesperson, there are currently 42 voting stations for which CNE has incomplete documentation. In these cases, CNE has decided to open the corresponding ballot boxes to look for the documentation required for completion. In addition, there are boxes from 26 stations with documentation that includes mistakes or inconsistencies. CNE is waiting for authorization from the Court of Appeals before reopening this latter category as it may entail a recount of the ballots themselves. ¶3. (U) CNE is fully absorbed with the tabulation process and has therefore devoted only limited work to date on adjudicating complaints. According to the most recent data on the complaints received, there are now a total of 141 which have been filed nationwide, 12 of which have been decided. The most common complaint type, of which there are 74, are poll procedure errors. The next most common, of which there are 27, are counting issues. Our sources continue to emphasize that there is little evidence of fraud and that the complaints received by CNE are not of a scale or nature to impact the national results. Rather, they point to the tabulation delays resulting from a combination of flawed legislation and last minute preparation. CNE has scrupulously followed the election law, but has found itself stymied by legal ambiguities. For example, it delayed until late today the opening of boxes with incomplete or missing documentation because of uncertainty regarding their legal authority to open the boxes. ¶5. (U) Comment: Although the tabulation problems are real, they appear to be solvable with enough time and effort and do not appear to be the result of any significant fraud. Nonetheless, the delays and constant news of new issues arising have fed suspicions of political manipulation and could negatively impact the credibility of the final result both in the eyes of the general public and of the losing candidates. End comment. ¶6. (SBU) Recommended Talking Points: -- The U.S. is closely monitoring the counting and tabulation of results of the first round of East Timor's presidential election. Though there are delays and irregularities in the process, at this point we have no reason to suspect these delays are due to malfeasance. There were, however, clearly a great number of human errors in the process due in part to insufficient training and lack of time for complete preparations. -- The U.S. acknowledges the complications and challenges inherent in the national tabulation process and the importance of credibility. We note that the national tabulation has been DILI 00000151 002.2 OF 002 conducted in a transparent manner, including regular public communication and the ability of candidates and observers to scrutinize the process at all stages. -- We support the CNE in its continued work to ensure that the process is completed correctly and within the timeframe allowed by the law. -- Any concerns regarding the process should be pursued through available dispute mechanisms and legal channels for complaints. -- We emphasize the importance of lessons learned for the next round and parliamentary elections. In particular, it is important to ensure early and thorough training of election officials and laws that make clear and explicit the CNE's powers in tabulating national results. NAGY