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Foreword
Since the Supreme Commission for Elections and
Referenda was established by Presidential Decree No. 52/2001, it continued
to exert its efforts to complete its legislative structure. The issuance
of this Electoral Observation Manual for Political Parties and Local and
International NGOs is a result of those efforts and constitutes a further
step towards completing the SCER legislative framework, as well as an
additional pillar of the democratic process adopted by the Yemeni
leadership, headed by H.E. President Ali Abdullah Saleh.
This manual contains the provisions and
conditions that regulate the participation of representatives of political
parties and local and International NGOs in the observation of electoral
operations in their various phases, for all elections and referenda that
are conducted in Yemen. These regulations are meant to ensure that the
SCER undertakes its duties and responsibilities in a completely
transparent and democratic manner.
By issuing this manual, the SCER reaffirms to
all electoral committees and interested parties the need to observe its
provisions and comply with its regulations, aiming at achieving the
highest levels of fairness in the elections.
May God guide us all to build a promising
future for our beloved Yemen
Khalid A.Al-Shareef
Chairman of the Supreme
Commission
for Elections & Referenda
Decree of the SCER Chairman No. (30/2001) to issue the Electoral
Observation Manual for Political Parties and Local and International NGOs
The Chairman of the Supreme
Commission for Elections and Referenda:
Pursuant to the general
Elections and Referenda Law No. 13/2001; The presidential Decree
No.11/2002, on publishing the executive bylaw; for the General Elections
and Referenda law No. 13/2001.
The Presidential Decree No.
52/2001, on the formation of the SCER;
And based on the proposal made
by the Head of the Legal Sector, jointly with the Head of the External
Relations and NGOs Sector, and following the approval by the SCER in its
meeting No.(27) on 15/4/2002.
Decides
Chapter One
Nomenclatures and
Definitions
Art.(1)
This manual shall be
officially known as the “ Electoral Observation Manual for Political
Parties and Local International NGOs”.
Art.(2)
For the purpose of this
manual, the following terms and words shall have the meaning established
herewith, unless otherwise implied by the context:
-
The Republic: The republic of Yemen.
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The SCER: The Supreme Commission for
Elections& Referenda
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The Law: The General Elections and
Referenda Law No. 13/2001.
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The Sector: External Relations and NGOs
Sector.
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Head of Sector: The Head of the
External Relations and NGOs Sector.
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The Accreditation: The official
accreditation issued by the SCER to entitle its holder, whether
representing a political party or a local or international NGO, to
observe any of the electoral operations, in accordance with this manual.
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Local NGOs: The civil society
organizations specialized in the democratic process and elections, that
are authorized to act in accordance with the enforced laws in Yemen.
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International NGOs: International
non-governmental organizations specialized in the democratic process and
elections that are authorized to act in accordance with the law enforced
in their respective countries of origin.
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The Media: Representatives or envoys of
all media organizations, including news agencies, newspapers, radios and
TV channels, whether local or international, that are tasked with or
willing to observe the electoral operations and report on them.
Chapter Two
The
right to observe the electoral operations in Yemen is granted by the law,
and shall be exercised with an accreditation issued by the Supreme
Commission for NGOs as the following:
A.
Civil Society organizations specialized in the democratic
process and elections, that are authorized to act in accordance with the
enforced laws in Yemen.
B.
International non-governmental organizations specialized
in the democratic process and elections, that are authorized to act in
accordance with the law enforced in their respective countries of origin.
C.
All those from foreign countries invited by the SCER to
observe the electoral process.
D.
Representatives of the local and international media.
Art(3)
The issuance of observation
accreditations for the elections and referenda process is to submit an
application form to the External Relations and NGOs Sector, and editing
the arranged sample for this purpose before the election and referenda
process that will be implemented in less than 20 days from its specific
starting date. The following documents has to be attached with the
application:
1-
A certified copy of the relevant license to act as a
political party or organization in Yemen.
2-
A formal memo from the NGO that wants to observe the
electoral operations with the names of its representatives.
3-
Four photos of each proposed observer.
Art(4):
A.
A committee shall be formed to study and decide upon the
applications submitted by the parties and organizations, as follows:
1.
Chairman: The Head of the External Relations and
NGOs Sector.
2.
Secretary: Director General of Relations.
3.
Member: Director General of Media and Voter
Education.
4.
Member: Director General of Legal Affairs.
B.
The aforementioned committee shall study all applications
and attached documents, and verify that they are accurate and in
accordance with the established criteria and conditions, and determined
before the starting of the process with in at least ten days and shall
issue the relevant accreditations not later than 48 hours prior to the
commencement of the electoral operations to be observed.
Art(5):
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The accreditation shall be issued on
officially established colored cards, in accordance with article(6).
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Accreditations shall include the following
details:
1.
The SCER official logo .
2.
The name of the accreditation “Accreditation for the
Observation of Elections”
3.
Full name of the observer and her/his citizenship.
4.
Full name of the entity represented by the observer and
its country of origin.
5.
Type of elections to be observed .
6.
A personal photo, stamped with the official seal of the
SCER.
7.
Date of Expiry of the accreditation.
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Accreditations will be signed by the
Chairman of the SCER, following the proposal submitted by the Head of
the Sector.
Art(6):
Observer’s accreditations may
be of the following colors and categories:
|
Color |
Category |
|
White
|
Local NGO Observers
|
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Green
|
Local Media
|
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Blue
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International NGOs and
from the SCER to participate in the observation for the election
process |
|
Red |
International Media
|
Upon the submission of a
proposal by the Head of the Sector, the SCER may terminate the validity of
an accreditation, if it is satisfied that the accredited observer is in
breach of the enforced laws and these regulations. Such a decision shall
be communicated to all concerned committees and offices, as well as to the
concerned observer(s) and their entity and/or diplomatic representation in
Yemen.
Art(7):
Parties can form commissions
for the Electoral Observation and they don’t have the right to interfere
in the Electoral commissions’ work and they have to follow the regulations
mentioned in this manual.
Chapter Three
Competences
of the Sector with respect to the Implementation of the Provisions of this
Manual
Art(9):
The Sector shall be
responsible for the implementation of this manual, in accordance with the
law, as well as to supervise the organizations authorized to observe the
elections. For these purposes, the Sector may exercise the following
competences:
1-
To receive the applications for observation submitted by
the political parties and local and international organizations, and
submit them to the relevant committee to resolve, in accordance with the
regulations contained in this manual.
2-
To prepare all relevant forms and necessary documents for
the implementation of this manual.
3-
To inform all concerned local and international
non-governmental organizations about the date of the election to be
observed, and to invite them to participate in its observation.
4-
To prepare the observers accreditations, and submit them
to the SCER Chairman for signature.
5-
To coordinate with all concerned ministries and
authorities in the country for the organization of observation missions,
provision of relevant information and issuance of invitations.
6-
To ensure that all necessary measures are properly taken
to facilitate the observation by accredited observers on behalf of local
and international organizations.
7-
To meet with representatives of organizations observing
the elections, and explain the contents of this manual and the need to
comply with its regulations.
8-
To follow-up on the reports issued by organizations
observing the elections related to their observations of any elections in
the country.
9-
To prepare evaluation reports on the organizations
observing the elections, and their compliance with the regulations
established on this manual, and submit such reports to the SCER Chairman.
Chapter Four
Rights and duties of
Observers Representing Local and International NGOs
Art(10)
Observers representing local
and international NGOs have the right to observe the conduct of electoral
operations . For these purposes they may:
a-
Meet with voters to know their views concerning the
conduct of the electoral operations.
b-
To submit their queries to the field electoral committees
that are supervising and implementing the electoral operations, as well as
to the candidates and their representatives, concerning the conduct of the
electoral process.
c-
To obtain information about the statistics and data
related to the electoral operations which are being implemented especially
relating to the following:
1.
Total number of male and female candidates, and who are
the wining candidates.
2.
Total number of registered voters.
3.
Total number of male and female who participated in the
elections, thus establishing the percentage of turnout on polling day.
4.
Total number of supervisory , original and branch
committee to participate in the implement the electoral operation.
d-
The representatives of local and international
organizations have the rights to attend the press conferences organized
by the SCER throughout throughout the electoral process, and to benefit
from the data and information provided by the Press Center on the
relevant election.
Art(11)
Accredited observers can enter
to the electoral residencies and the polling and sorting halls and have to
follow the following regulations:
The representatives of NGOs
during the observation process must comply the regulations in this manual
and not to go against the Republic Laws or interfering with the work of
such committees and to refrain from obstructing their work.
Art(12)
Observer representing
political parties, organizations and the media shall perform their duties
with the neutrality. They shall ensure that their reports, including their
findings on the conduct of the observed operations, are made with
objectiveness and credibility. A copy of all reports shall be submitted to
the SCER, with the aim of benefiting from the relevant comments and
opinions contained therein.
Art(13)
All electoral committees must
facilitate the implementation of the missions of accredited observers on
behalf of political parties and local and international NGOs in accordance
with the Law, the by-law and this manual. They must also answer observer’s
quires in a neutral and objective manner, and inform the SCER of any
infraction committed by observers.
Art(14)
This decision shall enter into
force from the data it is officially issued, and all concerned parties are
to implement it accordingly.
Issued at the SCER Headquarters in Sana’a
20/5/2002
Khaled A. AlShareef
Chairman of the
Supreme Commission for
Elections & Referendum
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