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Viewing cable 06DILI600, UPDATE ON ELECTION ISSUES: STILL NO ELECTORAL LAW

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Reference ID Created Released Classification Origin
06DILI600 2006-12-18 10:20 2011-08-25 00:00 UNCLASSIFIED Embassy Dili
VZCZCXRO7534
PP RUEHPB
DE RUEHDT #0600/01 3521020
ZNR UUUUU ZZH
P 181020Z DEC 06
FM AMEMBASSY DILI
TO RUEHC/SECSTATE WASHDC PRIORITY 3170
INFO RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEKJCS/SECDEF WASHDC
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0760
RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE
RUEHXX/GENEVA IO MISSIONS COLLECTIVE
RUEHBY/AMEMBASSY CANBERRA PRIORITY 0829
RUEHLI/AMEMBASSY LISBON PRIORITY 0731
RUEHLO/AMEMBASSY LONDON PRIORITY 0557
RUEHKO/AMEMBASSY TOKYO PRIORITY 0591
RUEHWL/AMEMBASSY WELLINGTON PRIORITY 0669
RUEHBR/AMEMBASSY BRASILIA PRIORITY 0453
RHHMUNA/USPACOM HONOLULU HI
RUEKJCS/JOINT STAFF WASHDC
RHEFDIA/DIA WASHINGTON DC
RUEHDT/AMEMBASSY DILI 2509
UNCLAS SECTION 01 OF 02 DILI 000600 
 
SIPDIS 
 
DEPT FOR EAP/MTS 
PACOM FOR POLAD AND JOC 
NSC FOR HOLLY MORROW 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM UN TT
SUBJECT: UPDATE ON ELECTION ISSUES: STILL NO ELECTORAL LAW 
 
 
DILI 00000600  001.2 OF 002 
 
 
1. Summary: Parliament has made some progress on passing 
electoral legislation but the overall process remains 
excruciatingly slow.  While a law governing the supervisory body 
was finally passed on December 6, the review of the legislation 
on parliamentary elections, begun last week, has made only 
modest progress.  Many Members of Parliament seem to have little 
enthusiasm for the process - a number of opposition parties have 
been boycotting the discussions and even the ruling Fretilin 
party MPs did not appear in sufficient numbers late last week 
for a quorum.  While the UN is significantly ramping up its 
election personnel, and reports to have a "critical mass" of 
staff ready to go, concerns remain regarding the timeline for 
effective election administration.  In addition to the continued 
delays in passing the necessary legislation, there are concerns 
that the GOET is not being proactive on key logistics 
preparation. End summary. 
 
Law on electoral supervisory body passed 
---------------------------------------- 
 
2. On December 6  Parliament passed a law governing the 
supervisory body, the National Election Commission (CNE).   The 
law as passed included several demands of the opposition 
parties, including establishing the CNE as an autonomous 
institution, providing it a separate budget and staff, giving 
commissioners a six year mandate, and stipulating civil society 
involvement in appointment of members.  Many opposition parties 
nevertheless refused to participate in the vote and instead held 
a press conference to declare their unhappiness with "political 
manipulation" of the law.  Their central complaint is that the 
Technical Secretariat for Elections Administration (STAE), 
responsible for all election logistics, remains under the 
Ministry for State Administration.  In addition, they registered 
unhappiness that their proposal for a new name for the 
supervisory body was not approved.  Embassy sources report that 
President Xanana Gusmao is expected to sign the CNE law. 
(Presidential signature is required by the Constitution for laws 
to take effect.) 
 
3. The UN electoral certification team, which arrived back in 
East Timor on December 10, has assessed the CNE law as imperfect 
but basically satisfactory, noting that the key issues will be 
the quality of the commissioners and staff and its assertiveness 
in overseeing STAE activities.  UNMIT election officials do not 
expect any progress on the establishment of the CNE until 
January, at which point it should be able to instruct STAE 
regarding the registration process.  STAE is in the meantime 
moving ahead with its organization and expects to have an office 
in every district within the month.  UN Volunteers are already 
deploying to the districts to work with STAE on operations, 
logistics, voter education, and training. By the end of January, 
the plan is to have over 100 UN staff in country to work with 
both CNE and STAE, including several advisors in the CNE to 
assist with the issue of how it will relate to STAE. 
 
But law on parliamentary elections moving slowly 
--------------------------------------------- --- 
 
4. Parliament began its article by article discussion last week 
of draft law #26, the Fretilin-drafted parliamentary elections 
law.  Although public statements from Parliament have indicated 
a plan to complete the law by December 22, and former Prime 
Minister Mari Alkatiri has stated that he will push for 
completion by December 19, the current pace of progress makes 
either of these dates unlikely.  Of  77 articles in the draft 
law, as of  December 15 Parliament had addressed and decided on 
16.  The major opposition parties, who walked out of 
deliberations on the CNE law, have so far refused to rejoin 
discussions.  Combined with an apparent lack of enthusiasm on 
the part of many other MPs, this contributed to the failure to 
reach a quorum to continue discussions planned for last Friday. 
One UN official also noted that many MPs, including Fretilin's, 
may want to hold onto their seats as long as possible (it is 
certain that some will not be continuing in the new smaller 
Parliament), and are thus not seized with any sense of urgency. 
The UNMIT mission nevertheless has continued to push for passage 
 
DILI 00000600  002.2 OF 002 
 
 
of the electoral law, and officials have expressed 
disappointment with the opposition's refusal to participate, 
describing them as politically immature in this regard. 
 
5. Interestingly, despite the near absence of opposition MPs and 
Fretilin's strength in numbers to push through any law it 
pleases, the decisions thus far have included some concessions 
to opposition preferences.  For example, the threshold for party 
representation in Parliament was set at three percent, rather 
than the five percent originally proposed by Fretilin, and the 
quota for women was increased from one in five to one in four. 
It is likely that Fretilin is making some compromises on issues 
that do not undercut their fundamental positions as insurance 
against a presidential veto.  It is understood that President 
Xanana Gusmao has made it known that he will wield his veto 
power if he does not see the law as sufficiently fair and 
inclusive. UNMIT has also pressed Fretilin leadership on the 
need for electoral laws reflecting compromise and consensus. 
 
Separate presidential and parliamentary elections, but schedule 
remains unknown 
--------------------------------------------- -------------- 
-------------------- 
 
6. Although Alkatiri recently stated that both presidential and 
parliamentary elections should be held on the same day prior to 
May 20, Parliament has reportedly agreed to hold the elections 
on separate days, at least three weeks apart.  (Fretilin 
leadership had earlier insisted that the elections be held on 
separate days, in contrast to earlier UN recommendations, so 
Alkatiri's recent position may not have been a passionately held 
one.)  The actual scheduling of the two elections remains 
outstanding, however, with at least one advisor to Parliament 
still arguing that parliamentary elections should be held in 
August to more closely line up with the end of one term and the 
beginning of another. Meanwhile concerns are building regarding 
the time needed for adequate preparation.  For example, UN 
officials note the Government's lack of proactive measures to 
ensure that election materials are moved to isolated areas 
before the rainy season could complicate matters, especially 
given the unavailability of air transport. 
 
7. Comment: While some overall progress is being made, it is 
clear that continued pressure is needed on several fronts. 
First, the slow progress of the parliamentary election law last 
week does not bode well.  There should be continued pressure on 
national leadership to support completion of the electoral laws 
in a more timely manner.  Second, the lack of broad 
participation in the deliberations is of concern.  Opposition 
leadership and MPs need to be encouraged to opt back into the 
process, rather than ceding the field to Fretilin.  At the same 
time, Fretilin leadership should continue to be reminded of the 
importance of substantive compromise.  Third, there are 
indications of GOET foot dragging on key logistical issues.  The 
UN should be supported in its message to the GOET that this is a 
Timorese election and that Timorese officials must be more 
proactive rather than expecting the UN to step in to save the 
day.  End comment. 
GRAY