Post Election Appraisal by Election Management Bodies (EMB), Bangladesh Context

As it is considered that appraisal is a process of a judgment of the value, performance or nature of the subject. During appraisal the things issues are considered, examine and form an opinion on the subject issues. Here issues for appraisal is election by EMBs after election i.e. Post election. Post election appraisal provides an opportunity to learn from experience and take measures for improvement. So that the goal of holding free and fair election is better achieved.

Election is a process starts long before the election day and ends with declaration of results. The whole process includes many issues like;
a)    Legal issues, provision of the Constitution, Act, Ordinances, Rules, Regulations, Codes, etc.
b)    Procedures
c)    Systems
d)    Others

Lot of democratic model are in practice around the world as become no model is entirely applicable to every country as environments differ from place to place and each country. Post election appraisal issues should keep eye on the elements crucial for credibility of an election.

Scope and limitation of this paper

Scope of discussion on post election appraisal by Election Management Bodies is huge. Log of election experts and practitioners recorded their experiences in the from the books, reports and documents. Analysing all democratic models and their legal provisions, procedures and systems is indeed an impossible task. This paper will no venture to do so. This paper will limit with in analysing the literature for searching standard elements for holding free and fair election around the world, discuss those elements in the context of Bangladesh and suggest some improvements for achieving the goal of holding free and fair election.

Post Election Appraisal

a) Elements of free and fair election.
As a general concept, the criteria of “free and fair” imply freedom from coercion and fairness as the correlate of impartiality. An international consensus exists on a number of dimensions of these concepts: it serves as a guideline for both election observation (Carothers, 1997b; Elklit and Svensson, 1997; IDEA, 1997c; Goodwin-Gill, 1998) and the man-agement of elections by electoral officials (Dundas, 1993; IDEA, 1998; Union Interamericana de Organismos Electorales, 1996; Commonwealth Secretariat, 1997a; Goodwin-Gill, 1998).

Before polling day, the concept of “free” elections implies freedom of movement, speech, assembly and association; freedom from fear in connection with the election; unimpeded candidate registration; and equal as well as universal suffrage. The “fairness” concept includes a transparent electoral process; the absence of discrimination against political parties; no obstacles to voter registration; an independent and impartial election administration; impartial treatment of candidates by the police, the army and the courts; equal opportunities for political parties and independent candidates; impartial voter-education pro-grams; an orderly election campaign in which a code of conduct is observed; equal access to publicly controlled media; impartial allotment of public funds to political parties when this is relevant; and no misuse of government facilities for campaign purposes.

On polling day itself, the “free” standard implies the opportunity to vote. The “fair” standard implies access to all polling stations by representatives of the political parties, accredited local and international observers and the media; a secret ballot; no intimidation of voters; effective design of ballot papers; proper ballot boxes; impartial assistance to voters if necessary; proper counting procedures, treatment of void ballot papers and precautionary measures when transporting election materials; and impartial protection of polling stations.

After polling day, the “free” standard requires legal recourse for complaints, and the “fair” standard calls for the official and expeditious announcement of election results; impartial treatment of any election complaints; impartial reports on the election results by the media; and acceptance of the election results by everyone involved (Elklit and Svensson, 1997, p. 35).

In 1998, International IDEA published a Code of Conduct on Ethical and Professional Administration of Elections that has been formally endorsed by the electoral authorities of 40 countries and that calls on electoral administrations to honour the following principles: They must (1) demonstrate respect for the law; (2) be non-partisan and neutral; (3) be transparent; (4) be accurate; and (5) be designed to serve the voters. Arecent Draft Working Document on Good Commonwealth Electoral Practice has been discussed among chief electoral officers from 33 Commonwealth countries and includes a number of guidelines for good practice. First, the EMB should be legally established and protected to preserve its independence and impartiality. This is best ensured by a Constitutional provision. According to Carl W. Dundas:
An electoral body, however styled, is responsible for more than staging of a poll on election day; it is the custodian of the integrity and legitimacy of a key phase in the democratic process. It must therefore act with impartiality and a maximum of transparency, consulting on a meaningful way with interested parties, before decisions are taken on important matters and being prepared to give reasons for such decisions.

b) Nature of Election Management Bodies
Members of the electoral body should be appointed in a manner that ensures the confidence of public and political parties alike; they should be served by a secretariat accountable entirely to them (Dundas, 1997, pp. 208, 209). The electoral body should also be adequately funded and should manage its affairs in a cost-effective manner, with due attention to staff development and the introduction of modern methods of resource management. In budgetary matters, it should not “become subservient, or under the control of the executive which is providing it with its funds and which could make pliability a prerequisite for adequate funding” (Dundas, 1997, p. 210).

Political parties should participate in all phases of the electoral process. They should be consulted before important decisions are taken, including the appointment of members of the electoral body. The electoral body should regularly inform them of all relevant matters.
Parties and independent candidates should be free to campaign on an equal basis under the law, exercising rights of free speech and assembly and fair access to the state-owned media. The procedures for the nomination of candidates should be acceptable to parties and the public at large. Any threshold imposed for the reduction of the number of candidates to manageable proportions, such as monetary deposits or number of voters required to support nominations, should be reasonable and should be supported by political parties and the public. Requirements should exist for the disclosure of the income and gifts received by parties and individual candidates and expenditures incurred; these should be strictly enforced by the appropriate authorities.

The electoral body should be responsible for all phases of the electoral process, including the registration of voters, the distribution of any voter identification cards and the compilation of the voters roll. The EMB should also be responsible for continuous revision of the voters roll and for ensuring its reliability through adequate submission to public inspection well in advance of any poll. Party agents should be encouraged to participate in the registration process. At least one copy of the voters lists at the constituency level should be given free of charge to each party and to each independent candidate.

For the conduct of the campaign, the EMB has a responsibility to help create an atmosphere conducive to holding a peaceful, impartial and valid poll. In this connection, it is usually useful to develop a written “code of conduct” to which all parties contribute and subsequently subscribe in a formal undertaking to abide by its terms. When an electoral body is not responsible for issuing permits for political rallies and marches, or does not have jurisdiction over the public media, it should still monitor the performance of the relevant authorities.

In organizing the poll, an EMB should be responsible for the recruitment, training and disciplining of all polling personnel, the procurement of all election materials, planning the number and positioning of polling stations and, where security may be an issue, the provision of security during the campaign and the poll. Polling stations should be situated so as to avoid unnecessarily long journeys by voters. Appropriate steps should be taken to ensure the secrecy of the ballot, with particular attention to assisting disabled and illiterate voters. Appropriate steps should also be taken to ensure the security of the bal-lot papers, the ballot boxes and other polling equipment at all stages. When boxes are transported to counting centers, provisions should be made to enable party agents to travel in the same vehicles as the boxes. Whenever possible, counting should take place at the polling station immediately after the conclusion of voting. Results should be verified by party counting agents, who should be asked to sign the results and should be given a copy of the form signed by the presiding officer and party counting agents. At the post-election stage, adequate electoral planning should provide for the conduct of a post-poll appraisal to determine the quality and cost-effectiveness of the polling services and to draw any lessons for future elections.

In helping to develop a democratic culture, the electoral bodies should carry out or, if not in their mandate, encourage the conduct of non-partisan voter education programs. They should also strive continuously to improve the quality of the services they offer to the electorate and to promote public understanding of the democratic process. Finally, electoral observation by both local and international monitors should be encouraged by the electoral body, as it helps to inspire confidence in the electoral process. All observers should operate within the laws of the host country and liaise with the electoral body. Any com-plaints received by observers from political parties, candidates or individuals should be brought to the attention of the electoral body (Dundas, 1997, pp. 210–217).

It is generally accepted that the impartiality and transparency with which election administrators act are fundamental to the integrity of an election. Their powers and duties ought to be clearly defined to ensure independence.

b) The process and procedures:
Mrs. Clare Henry Wason (1998) in Voting for Democracy published by Commonwealth Secretariat highlights the following for consideration during post election appraisal,
a)    Getting the register right: Every body enrolled as per law;
b)    Plan and prepare for the poll: Polling station are selected and prepared for holding election. Have access for all;
c)    Prepare the electoral process and make it open to the voters;
d)    Select the personnel and complete appointment: Election conducting personals and law & order maintaining peoples are made available and
e)    Election day activities: Most important part of post election appraisal is election day activities.

The following issues are very much crucial for post election appraisal on the election day;

The first problem that may be encountered on Polling Day is late opening of the Polling Stations, however, this has not been a serious problem, Polls here open at 8 a.m. and close at 4 p.m.

Polling Stations are located in such numbers and in such areas to facilitate voting. Easy access to Voting Stations is key to ensuring large Voter turn-out.

Police security is always provided at every station and queues are usually orderly. Wearing of party colors and emblems are forbidden and electors comply with this requirement.

Before commencement and whenever new ballot Boxes became necessary, the Presiding Officer is required to display the ballot box to all present to show that it is empty before it is locked. This procedure is necessary, to eliminate any suspicion that ballots may have been placed in boxes before polling began.

d) The system
Accurate up-to-date registers formerly certified by the Revising Officer are used and voters are permitted singly to enter the station in order to cast their votes. After the elector is properly identified he or she is allowed to enter the secret compartment where their vote is cast. Having immersed the appropriate finger in electoral ink the Presiding Officer then places the secret seal on the Ballot Paper, The Ballot Paper is then placed in the ballot boxes which are at all times under the supervision of the Presiding Officer, Should a Voter refuse to immerse his finger in the ink, then he would not be allowed to put his Ballot Paper in the Box. Polling agents are provided accommodation at each Polling Station to provide assistance to the Presiding Officer in any case where identification is an issue.

At the close of the Polls, Presiding Officers lock and seal the boxes. Presiding officers then proceed to prepare Ballot Paper accounts showing ballots received, Ballots issued, unused and spoilt Ballot papers- These and other documents issued to him are then transported to the Returning Officer at the place of the count- In transporting the Ballot Boxes and other election documents and materials it is required that the Presiding Officer be accompanied by two (2) Police Officers, and Political Agents from Parties contesting the election. This regulation ensures that the boxes, the documents and other materials are delivered safely to the Returning Officer and under the watchful eye of Law Enforcement Officers as well as those of scrutineers.

Ballot counting is continuous and takes place at a predetermined location in the constituency. Before counting commences, the Returning Officer ensures that Polling Agents, the Media, the Counting Clerks are all given adequate accommodation, The public is also invited to witness the counting procedure, Immediately before the count, the Returning Officer verifies the Ballot Paper Accounts, and takes possession of all other documents which the Presiding Officer is required by law to forward to the Returning Officer, He also ensures that other items that should be returned are received, Counting commences and each Ballot Paper is counted. This rule is necessary and ensures that there is no controversy at the end of the count. Information relating to the count is given to the press at intervals during the count including the standing of contestants at the end of each Ballot box counted. Transparency is maintained through out the long process of counting and election observers are free to solicit information on any matter relating to the count, This is freely given and an atmosphere of co-operation with all parties is encouraged and cultivated.

At the close of the count Returning Officers under Police escort transport all the Ballot Boxes with Ballot Papers, and other confidential documents in sealed packets to the Supervisor of Elect ions, He takes possession of them and having verified that all such Ballot Boxes issued by him and other Election Paraphernalia have been returned as stipulated, he secures them in the store room provided for that purpose.

The first post-poll appraisal is held by the Returning Officers with their presiding officer and Polling Officials in preparation for the subsequent one when the returning officers meet with the Supervisor of Elections. A full discussion takes place when any problems, encountered on Polling Day are discussed any recorded. Cognisance is taken of reports in the press, reports from the Police, reports from Parties and the Returning officer's own reports. Where election observers are deployed, upon the receipt of their report, another post-poll appraisal is held. Steps are then taken to ensure that any pit-falls encountered at polling are not repeated; and recommendations that will lead to improvements in the system of Election Day are put into place before the next one.

The absence of any report of any major or serious problems is an indication that the process on Election Day was successful and therefore qualify to be labelled as free and fair.

Post Election Appraisal : Bangladesh Context

Bangladesh achieved freedom on December 16, 1971 through a historic nine-month bloody war of liberation. Since independence, the people of the Republic have cast their votes directly in the following elections organized by the Bangladesh Election Commission :

a.    The National Level Elections :
(i)    9 Parliamentary Elections held on 7 March 1973, 18 February 1979, 7 May 1986, 3 March 1988, 27 February 1991, 15 February 1996, 12 June 1996, 01 October 2001 and 29 December 2008.

(ii)    9 Presidential Elections held on 8 April 1973, 3 June 1978, 15 November 1981, 15 October 1986, 8 October 1991, 22 August 1996, 14 November 2001, 16 September 2002 and 2009

(iii)    3 Referendums held on 30 May 1977, 21 March 1985 and 15 September 1991. and

b.     The Local Bodies Elections :
(i)    7 Union Parishads (Union Councils) Elections held on 19-30 December 1973, 13-31 January 1977, 27 December 1983 (1983-84), 10 February 1988, 22 Jan-6 Feb 1992, 1-31 December 1997 and 25 Jan-16 March 2003 and 29th March to 3rd April, 2011.

(ii)    5 City Corporations Elections held on 3 March 1988, 30 January 1994, 3 January 2000 (Chittagong City), 25 April 2002 (Dhaka, Rajshahi & Khulna City) and 20 March 2003 (Barisal & Sylhet City), August 2008 (Rajshahi, Khulna, Barisal and Sylhet) and 2010 (Chittagong City Corporation)

(iii)    7 Pourashava or Municipality Elections held on 31 December 1973, 13 August 1977, 11 February 1984, 28 Jaunary 1989, 30 January 1993, 23-25 February 1999 and 5-10 May 2004, 9 municipality election on 2008 and 272 municipality elections from 27 January to March 2011.

(iv)    1 Hill District Council Elections held on 25 June 1989.

(v)    2 Upazila Parishads (460 Upazilas) Elections held on 16, 20 May 1985 and 14 - 25 March 1990 and 22 January 2009.

Amendments & initiatives:
Experiences of those experiences analysed in a formal and informal way for achieving the goal of holding free and fair Election. Those appraisals were not conducted in a structured way. Prime necessities for conducting post election appraisal are expert manpower, designated officer bearer technical and financial resources in absence of such organ of the Commission has to depend on dialogue with the election officials, candidate, media, civil society organizations, political parties, observers for post election observation. Such in condition Bangladesh Election could bring lot new inventions in the Constitutions, Acts, Rules, Regulation, Procedures and Processes. In addition to those to earn more confidante by the people new physical instruments like translucent ballot boxes with number, indelible ink pen were introduced.

a) Constitutional Ammendments
The general elections of June 1996 and 2001were organized by the Election Commission in the context of a unique political experiment initiated by the 13the amendment of the Constitution. The amendment provides for setting up a limited-purpose non-party care-taker government whose principal function is to provide assistance to the Election Commission to hold free and fair elections. The intense political environment of the time subjected every aspect of election management activity of the Election Commission to searching scrutiny and demanding standards of performance. As a result, the views expressed by political parties, voters, local and international poll observers, the press and the media on the quality of the election have been well documented.

b) Acts, Rules, Regulations, Amendments
The Commission has also taken up in right earnest the issue of improving the voter registration method. Views of political parties, election observers, human rights groups and eminent lawyers etc. have been sought for simplification of the existing registration form and dialogues have been initiated with different interest-groups. A broader review of voter registration in the light of practice in other countries is to be conducted by a subject-matter specialist. The Election Commission proposes to hold a series of workshops for exchange of opinion to help it evolve broader understanding and support for an improved voter registration system.

A working committee has been set up to look into the question of registration of expatriate Bangladeshis as voters. There is considerable public interest in the subject and the issue had received prominence during the last general elections.

Non confidence expressed by the people nationally and internationally on previous voter list, claiming existence of ghost voters a new ordinance and rule called Electoral Roll Ordinance, 2008 and Electoral Roll Rule, 2008 have been enacted for producing photo voter list. The ordinance has converted as Act in 2009. As a result fake voters and fake voting reduced to the minimum level.

c) Representation of People Order (RPO) 1972
With intention of debarring criminals from participating in the election process, qualification and disqualification have been introduced in the RPO. For formalising the political parties activities registration of political parties made mandatory for participating in the general Assembly election through amendment in the provision of RPO.

d) Conduct Rules
Conduct rules are introduced for controlling some illegal activities undertaken by the candidate, political parties and their supporters, such as use of muscle power, misuse of public offices and public money etc.

e) Election Conducting Rules.
All election conducting rules had been revisited and new provisions were created for ensuring free and fair election. In addition to those translucent ballot boxes, declaration of result in the centers, indelible ink pen etc. had been introduced in the election system.

f) Observers code of conduct
Observers guide line has been introduced to have third party feedback on the election process.

g) Other activities
A number of by-elections held since then provided the Election Commission with the opportunity to introduce steps for operational improvement : like appointing a substantially large number of security personnel including female Ansars (an auxiliary force) to supplement the existing arrangements for the maintenance of peace and order in and around the polling stations, and the appointment of senior govt. officers from outside the Election Commission Secretariat to work as election observers etc.

Secondly, to expedite disposal of election petitions (which until now are heard by District Judges along with their other judicial functions), Election Tribunals at all the 6 Divisional headquarters have been set up. These Courts are headed by judicial officers of the level of a `District Judge. Their sole and exclusive function is to try election petitions arising out of election disputes. 64 elections petitions were submitted by contestants in the June'96 elections, out of which 6 could be disposed of by the district courts so far. The constitution of exclusive tribunals to deal with elections petitions are expected to expedite the disposal of the pending cases.

Recommendation & Conclusion

Both historical trends and specific case studies indicate that better prospects for free, fair and effective elections exist where electoral bodies are not only independent of the executive branch, but also where they can rely on a permanent professional staff. This enables the commission and its staff to develop experience and expertise in basic planning.

The degree of the centralization of electoral authorities derives largely from the basic difference between the common law system of the Anglo-Saxon world. Whatever the model of electoral administration, some degree of decentralization is required to address the massive outreach of elections and to facilitate the organization of local elections, which take place in almost every democracy today.

Although no systematic research has been conducted – nor even a methodology developed for the comparative study. Intervention by the international community has generally been considered effective in helping both the democratization process and the establishment of electoral management bodies. Historical evidence as well as recent conclusions by observers, analysts and practitioners, almost unanimously indicates that elections run by independent electoral bodies are preferable to those run by executives

A number of guiding principles have been widely recognized as crucial to the work of electoral authorities: EMBs should advocate participation by all political parties, promote transparency at all stages of the electoral process, be accountable to the legislature and to the public, promote the dissemination of voter information and civic education.

Independent electoral bodies have made a significant contribution to democracy and the rule of law. Although this factor has been noted in a number of cases of exemplary performance by EMBs, proof of their importance becomes manifest even more frequently when poorly managed elections damage the legitimacy of emerging democratic systems. Although independence and permanence in themselves are not sufficient conditions to guarantee free and fair elections, they provide significant opportunities for enhancing transparency and public confidence and hence for safeguarding the franchise in the early stages of democratization and well beyond.

These provided the Election Commission with a fair view of public assessment of the total operation and a sound basis for conducting in-house appraisal of different aspects of election management. The reactions reviewed by the Election Commission ranged from general appraisal of the Election Commission's overall management to specific aspects of the election process.