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Timor‐Leste´ s support to the return of constitutional order of the Republic of Guinea‐Bissau
Timor‐Leste´s support to the return of constitutional order of the Republic of Guinea‐Bissau
MISSION TO SUPPORT THE ELECTORAL PROCESS OF GUINEA‐BISSAU GENERAL ELECTIONS 2014 Sua Excelência o Senhor Secretário de Estado da Descentralização Administrativa, Tomás do Rosário Cabral
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TECHNICAL NOTE Published by: Mission to Support the Electoral Process of Guinea‐Bissau Government of the Democratic Republic of Timor‐Leste Funded by : Office of His Excellency the Prime Minister of the Democratic Republic of Timor‐Leste Headed by: His Excellency the Secretary of State for Administrative Decentralization, Tomás do Rosário Cabral Coordination: Rui Manuel Sá Pinto Correia Graphic composition: Rui Correia, Yohanis Nubatonis, Zaida Barreto With the collaboration of : Filomena da Costa Filomena Henrique Leni Santos Fernandes Odete Maria Belo
Maria Goretti Belo Nuno Machado Reis Vicente Sousa Zaida Barreto
Dili, July 2014 Circulation: 5000 copies Contacts Tel. : +670 3339559 Fax.: +670 3339559 Blog: www.timorguinea.wordpress.com
Map of Bissau and
location of MAPE‐GB headquarters Page 2 of 147
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INDEX Technical note 2 Index 3 1. INTRODUCTION 5 1.1 ‐ Foreword by His Excellency the Prime Minister, Kay Rala Xanana Gusmão 5 1.2 ‐ Note and profile of H.E. the State Secretary for Administrative Decentralization 7 2. INFORMATION ABOUT GUINEA‐BISSAU 9 2.1 ‐ Brief summary (General facts about Guinea‐Bissau) 9 2.3 ‐ Geographic and Administrative Organization 12 2.4 ‐ Brief history 13 2.5 ‐ Electoral Management Bodies of Guinea‐Bissau 14 2.5.1 ‐ National Election Commission (CNE) 14 2.5.2 ‐ Office of Technical Support to the Electoral Process (GTAPE) 5 3. MISSION TO SUPPORT THE ELECTORAL PROCESS I OF GUINEA‐BISSAU (MAPE‐GB I) (1/10/2013 ‐ 28/2/2014) 16 3.1 ‐ Background 17 3.1.1 ‐ Request for support from the authorities of Guinea‐Bissau 17 3.1.2 ‐ Exploratory Mission to support the electoral process in Guinea‐Bissau 17 3.1.3 ‐ Official Visit of His Excellency the Prime Minister of the RDTL 20 3.1.4 ‐ Decision to grant support to Guinea‐Bissau 21 3.1.5 ‐ Nomination of the Head of the Mission 22 3.1.6 ‐ Background and Mandate of the MAPE‐GB I 22 3.1.7 ‐ Structure and Organogram 26 3.1.8 ‐ Composition of the MAPE‐GB I 27 3.1.9 ‐ Duration period of the Mission 27 3.2 ‐ Commencement of the activities of the Mission to Support the Electoral Process of Guinea‐Bissau (1/10/2013 ‐ 28/02/2014) 28 3.2.1 ‐ Activities and initial contacts for the preparation of the support to the electoral process 28 3.2.2 ‐ Supporting Capacity building for the voter registration officers and electoral officials of Guinea Bissau 31 3.2.3 ‐ Institutions and Timorese civil society accompany the activities of the MAPE‐GB I 33 3.2.4 ‐ Operations of support to voter registration and creation of voter registration database 35 3.2.5 ‐ Support for conducting the activities of voter registration 50 3.2.6 ‐ Data Synchronization 53 3.2.7 ‐ Support for the exhibition process and voters´ lists complaints 54 3.2.8 ‐ Final results of registered voters in the voter registration 57 4. MISSION TO SUPPORT THE ELECTORAL PROCESS II OF GUINEA‐BISSAU (MAPE‐GB II) (1/03/2014 ‐ 31/05/2014) 60 4.1 ‐ Mandate 60 4.1.1 ‐ Context 60 4.1.2 ‐ Description of the Mission 60 4.1.3 ‐ Duration period of the MAPE‐GB II 61 4.1.4 ‐ Headquarters of the MAPE‐GB II 61 4.1.5 ‐ Structure 61 4.1.6 ‐ Composition 62 4.1.7 ‐ Organogram of MAPE‐GB II 64 4.2 ‐ MAPE‐GB II Activities 64 4.2.1 ‐ Official Visit of H.E. the Minister of Finances of Timor‐Leste, Dr. Emília Pires, to Guinea‐Bissau 64 4.2.2 ‐ Support to the electoral administration bodies 65 4.2.3 ‐ Support to the Defence and Security Forces 66 4.2.4 ‐ Support to the civil society organizations 67 Page 3 of 147
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4.2.5 ‐ Celebration of the Restoration of Timor‐Leste’s Independence 67 5. CONDUCT OF SUFFRAGE AND TABULATION OF ELECTION RESULTS 68 5.0.1 ‐ Electoral Calendar 2014 68 5.0.2 ‐ Scheduling the elections 68 5.0.3 ‐ Polling Stations 69 5.1. ‐ First Round of the Presidential Election and Election of the Deputies of the National Popular Assembly 71 5.1.1 ‐ President of the Republic Election 72 5.1.2 ‐ Deputies of the National Popular Assembly Election 73 5.1.3 ‐ Election Campaign 74 5.1.4 ‐ Early Voting 75 5.1.5 ‐ Voting Abroad 75 5.1.6 ‐ Election Day 75 5.2 ‐ Second Round of the President of the Republic Election 76 5.2.1 ‐ Election Campaign (Round II) 77 5.2.2 ‐ Ballot (Round II) 77 5.3 ‐ Election Results 78 5.3.1 ‐ Final Results of the First Round of the President of the Republic Election 78 th 5.3.2 ‐ Final Results of the Second Round of the President of the Republic Election (18 of May) 80 5.3.3 ‐ Final Results of the Deputies of the National Popular Assembly Election 82 5.3.4 ‐ Evolution of Electoral Participation Rate 87 5.4 ‐ Election Observation 88 5.4.1 ‐ Timorese and New Zealander Election Observation Joint Mission 88 5.4.2 ‐ Election Observation Mission of the National Parliament of Timor‐Leste 91 5.4.3 ‐ Other international election observation missions 92 5.4.4 ‐ Civil society in the election observation process 92 6. OFFICIAL VISIT OF HIS EXCELLENCY THE PRIME MINISTER OF RDTL, KAY RALA XANANA GUSMÃO AND CLOSURE OF THE MISSION. 93 6.1 ‐ Delivery of Database to the Transitional Government of Guinea‐Bissau. 98 6.2 ‐ Composition of MAPE‐BG´s final team and the technical team that drafted the legal analysis and final report 99 6.3 ‐ Cooperation between Timor‐Leste and Guinea‐Bissau as a starting point for a new cycle of cooperation within the Community of Portuguese Language Countries (CPLP) 100 7. ANALYSIS OF ELECTION LEGAL FRAMEWORK OF THE REPUBLIC OF GUINEA‐BISSAU 101 8. Budget Execution 124 9. ANEXXES 125 9.1 ‐ Acknowledgements 125 9.2 ‐ Message from the Deputies of Timor‐Leste to the People of Guinea‐Bissau 129 9.3 ‐ Nomination of H.E. the Secretary of State for Administrative Decentralization to lead the Mission to Support the Electoral Process of Guinea‐Bissau. 130 9.4 ‐ Request for Extension of the Mission to Support the Electoral Process of Guinea Bissau. 130 9.5 ‐ International Observation Missions 131 9.6 ‐ Delegation of powers to sign contracts. 131 9.7 ‐ Contract of the Rehabilitation of the GTAPE Headquarters. 132 9.8 ‐ Terms of Delivery. 133 10. BRIEF BIOGRAPHY OF THE MISSION´S MEMBERS 140 11. INFRAESTRUCTURES AND EQUIPMENTS FOR GTAPE 145 12. ACRONYMS 146
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1. INTRODUCTION 1.1 ‐ Foreword by His Excellency the Prime Minister, Kay Rala Xanana Gusmão Committed to the bonds of solidarity that unite us with the Community of Portuguese Language Countries (CPLP), it was with great pleasure that I had the opportunity to visit for the first time, the Republic of Guinea‐Bissau, in October 2013. Driven by desire to understand the difficult and complex reality that exists for decades in Guinea‐Bissau, aggravated by the coup of April 2012, the visit to this brotherly nation permitted me to personally listen to the testimonies of Guineans about the situation that the country was experiencing and draw attention to these brothers that it was time to end the past disputes and take on a collective pledge that would benefit the people and the country. I was accompanied on this visit by Dr. Mari Alkatiri, leader of the opposition in Timor‐Leste, as a clear manifestation that this option was chosen by the Timorese State and, as such, also supported by the President of the National Parliament. We thought it would only make sense to share our State and peace building process with all the political protagonists being present. We gather then, with all the active political and social forces in Guinea‐Bissau. The stories we heard were not strange to us, but rather had an impressive familiarity that went far beyond the fact that we share the same language. Our journey to the construction of the State in Timor‐Leste also met some setbacks. We let obstacles and retrogressions come between patriotic brothers, which endangered the dream that we had achieved with independence. These were only overcome by a joint effort of national reconciliation, centered on the consolidation of institutions and the promotion of stability and social peace. Aware of the difficulty of a process of this nature, we felt we could support our Guinean brothers to rediscover the path of dialogue and reconciliation. We took with us the spirit of the g7 + that Timor‐Leste presided: the group of fragile countries affected by conflict, that from shared experiences, help one another in search of peaceful solutions and sustainable and effective development sensitive to the particular situation of each nation. Once acknowledging the urgency of the return to constitutional order to restore the international community's confidence in Guinean institutions, the upcoming elections, in that moment, became a priority. It was necessary to create an electoral process that would reinstate the legitimacy of the sovereign bodies and return to the people of Guinea‐Bissau the helm of the fate of their country. In 2012, we witnessed in Timor‐Leste, the two fundamental electoral moments in the consolidation of our democracy and that, in turn, had been conducted in a unique way by our electoral authorities. In light of this success, Guinea‐Bissau requested support from us for the registration process, which would constitute the first essential step in this long‐awaited path. From the happy coincidence between the needs of Guinea‐Bissau and the support that Timor‐Leste had at its disposal, an unprecedented collaboration that extended from the registration process to the posterior implementation of the elections was born. This collaboration had consensual and committed support from all the state institutions of Timor‐Leste, who united their efforts and willingness to make this project possible. The report presented here is about the Mission to Support the Electoral Process of Guinea‐Bissau led by Secretary of State for Administrative Decentralization, Mr. Tomás Cabral, who had a long experience fronting
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the Technical Secretariat for Electoral Administration (STAE) in Timor‐Leste, responsible for the implementation of elections in our country. I cannot go ahead without heartily congratulating the unique commitment that motivated the entire Timorese team during their long stay in Guinea‐Bissau. Enhancing the efforts they had already conducted the elections of Timor‐Leste, they took to the brotherly nation a tireless spirit of sharing knowledge and technology, while embracing the task at hand with a high sense of responsibility and professionalism. The synergy established with the Guinean institutions, in a structure of cooperation and remarkable fellowship, permitted the return of the voice that was due to the people of Guinea‐Bissau. The voter registration was a success, as were the elections that came later ‐ parliamentary and presidential – in a massive democratic demonstration that was also an aspirational sign of peace and stability for all Guineans. These moments were witnessed by a delegation of the National Parliament of Timor‐Leste, led by its Vice‐ President, Adérito Hugo, and Secretary of State for Parliamentary Affairs, Maria Theresa Viegas, guests invited to join the international observation, of which a delegation of MPs from New Zealand joined as they also wanted to participate in supporting the elections process. The members diligently put themselves on the ground and performed their noble mission with commitment. It was an honour for Timor‐Leste to accompany Guinea‐Bissau´s journey of return to constitutional order, with effort achieved by each Guinean, supported with the commitment of the essential stability manifested by its institutions and with great relief to the military and police forces. On June of 2014, Timor‐Leste´s State, represented by the Head of Government, the opposition leader, highest representatives of agencies responsible for Defence and Security (respectively F‐FDTL and PNTL), in close coordination with the Presidency of the Republic and the Special Representative of the Secretary‐ General of the United Nations, Dr. José Ramos‐Horta, returned to Guinea‐Bissau. During the second visit, we made sure to convey to the Guinea‐Bissau´s institutions immense appreciation for the role played by all during the elections, allowing these to be realized in a fair, free and transparent way. Achieving stability through the election results promises now a new future, it is still, however, far from being fully achieved, the new leadership is aware of the complex process that it will have to face to meet the expectations of the people that have already sacrificed too much. We know that elections are merely a starting point, undoubtedly essential, but that alone does not raise a solid State capable of responding to the needs and aspirations of its people. Now they must wait to see their voice, their choice, to be materialized in the vision of a renovated country. Guineans have in their hands an aspiration for the future and do not want to see it defrauded by numerous challenges that any country in transition knows. A state without a means to provide the basic needs of its people, presents numerous challenges ‐ financial, social and administrative ‐ fundamental to successfully bring the promise of peace and national unity. All who pledged to the international community, witnessed the effort and commitment, should fulfil the highest values of international solidarity, to support in the everyday reality of this renewed country in every way we can. This is the time to help transform the promise of a future of better life for each Guinean. Congratulations Guinea‐Bissau, Amilcar Cabral's dream starts here! Dili, 26th of June of 2014 Kay Rala Xanana Gusmão Prime Minister of the Democratic Republic of Timor‐Leste
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1.2 ‐ Note and profile of H.E. the State Secretary for Administrative Decentralization In September 2013, the Government of the Democratic Republic of Timor‐Leste, at the request of the Transitional Government of Guinea‐Bissau, decided to establish the Mission to Support the Electoral Process in this country, attributing the mandate to provide technical support to the electoral administration bodies in the organization and implementation of the voter registration process, with the vision of accomplishing free and just elections, capable of restoring Guinea‐Bissau to the path of democratic normalcy and constitutional legality. Aware of the responsibility and challenges that would be placed in the first mission of international technical assistance, fully organized and implemented by the Democratic Republic of Timor‐Leste, I could not decline the challenge that was bestowed by His Excellency the Prime Minister, Kay Rala Xanana Gusmão, whom I thank wholeheartedly, the confidence placed upon myself and other members of the Mission and the consistent support readily dispensed to all requests that proved crucial of its success, reinforcing the prestige and international credibility of our State. Timor‐Leste is a young democracy, with just over twelve years of existence as a sovereign Republic, nevertheless, it is also a State conscious of the international responsibilities that fall upon itself, especially within the lusofonia and particularly in the support it should provide to all who supported us fraternally during our struggle for national liberation. Throughout the first decade of its independence, the Democratic Republic of Timor‐Leste worked arduously and to great lengths to build a solid and respected democracy, with institutions legitimized by popular will and respected by our People. The first line in the process of building our democratic regime were, and continue to be, the Technical Secretariat for Electoral Administration (STAE) and the National Election Commission (CNE), that knew to promote the development of an appropriate legal framework apt to hold free and fair elections and trained electoral officers whose qualifications are recognized in and beyond our borders. The existence of a clear and stable regulatory framework, as well as the dedication of a body of professional workforce dedicated to building our young democracy, permitted us the planning, organization and implementation, in 2012, of free and fair elections, which deserved recognition and praise from the international community and acceptance of the results by all political parties and candidates involved in them. The creation, management and update of a Voter Registration Database (BDRE), by the Technical Secretariat for Electoral Administration (STAE), under the supervision of the National Election Commission (CNE), allowed the implementation of a registration process election credible and accepted by all political agents and national institutions, the voter registration card, serving to this day, as the most widespread identification used by citizens in their daily lives. The maturity revealed by our institutions and the respect shown for the work accomplished by the electoral officers of Timor‐Leste, earned our country international respect and the confidence that together we can continue our path to a future of prosperity and development. This confidence convinced our public policy makers, that the reasons that motivated the creation and permanence of a United Nations peace mission in Timor‐Leste ceased to exist. Page 7 of 147
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Institutions seek to ensure the excellence of its technical workforce on an international level, through its accreditation under the program (BRIDGE), their participation in election observation missions and through participation in various international forums and conferences in electoral matters. The Technical Secretariat for Electoral Administration (STAE), in partnership with the Foundation of Portuguese Universities (FUP) and the National University of Timor Loro Sa'e (UNTL), promoted the completion of the first Bachelor of Electoral Management and Administration degree, intended to qualify staff to work for the STAE and CNE Commissioners. This first international level experience of top‐level technical qualification of election administration is deserving of the interest from several international partners who have already expressed their willingness to join and participate in this project. Despite the deep sense of responsibility that has seized the spirit of all who have been called to serve on the Mission to Support the Electoral Process of Guinea‐Bissau, we accepted this mission naturally and conscious of the challenges that we would face, and put our expertise and knowledge in service to our Brother Nation of Guinea‐Bissau. We believe that the objectives set for the Mission to Support the Electoral Process of Guinea‐Bissau were fully achieved and that we provided the Guinean People all the possible support to assist their efforts to return to constitutional normality, the responsibility now falling upon the elected to continue on the path of democracy. The experience and success of our mission should inspire and motivate the intensification of the relationship of cooperation among Lusofonia States, not only because it makes the lusofono space increasingly stronger and more cohesive, but because it mobilizes national communities around projects of international development, creating societies progressively just and perfect. Throughout the seven months of its term, the Mission to Support the Electoral Process of Guinea‐Bissau always counted on the support of all the National Institutions of Timor‐Leste, as well as the organizations and movements of our civil society. For their generosity, commitment and support, I express to all, on my behalf and on behalf of all members of the Mission, my deepest gratitude. Dili, June of 2014 Tomás do Rosário Cabral Secretary of State for Administrative Decentralization Government Representative for the Mission to Support the Electoral Process of Guinea‐Bissau
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2. INFORMATION ABOUT GUINEA‐BISSAU 2.1 ‐ Brief summary (General facts about Guinea‐Bissau) Official name of the country: Republic of Guinea‐Bissau Date of Independence: 24th of September 1973 (Unilateral declaration), 10th of September 1974 (Recognized by Portugal) National Symbols 1 National Anthem: Esta é a Nossa Pátria Amada (This is our Beloved Motherland) National Flag: The National Flag of the Republic of Guinea‐Bissau is formed by three rectangular bands, red in vertical position, green and yellow in horizontal position, respectively the upper side and the lower side to the right. The red band is marked with a black five‐pointed star. Coat of Arms: The coat of arms of the Republic of Guinea‐Bissau consists of two palms in a circle, united at the base where a yellow shell rests and is connected by a ribbon on which is inscribed the motto 'FIGHT UNIT PROGRESS'. Inserted at the top center is a black five‐pointed star. Location: West Africa Area: 36.125 Km2 (including the Bissagos Islands) Capital: Bissau2 Regions: Guinea‐Bissau is divided into eight regions and one autonomous sector: Bafatá, Biombo, Bolama, Cacheu, Gabu, Oio, Quinara, Tombali and the Autonomous Sector of Bissau. Population: 1.449.230 (Censos 2009) 1.660.870 (July 2013 est.) (The main ethnicities are the Balanta 30%, Fula 20%, Manjaco 14%, Mandinga 13% and Papel 7%, Manjaco, Mancanha and Bijagó) Languages: Portuguese (Oficial), Creole and ethnic languages. Religion: Muslim 50%, Animism 40%, Christian 10% Life expectancy: 48,6 Literacy Rate (adults)3: 52,2% Gross Nacional Income per Capita: $1097 Currency: West African CFA franc Natural Resources: Fisheries, timber, phosphates, bauxite, clay, granite, limestone, unexploited oil reserves Main product of exportation: Cashew, seafood and timber Internet domain: .gw Country phone code: +245 Time Zone: UTC/GMT Internacional Airport: Osvaldo Vieira (Royal Air Maroc and Air Senegal fly to Guinea‐Bissau) Climate: Situated approximately half way between the Equator and the Tropic of Cancer, Guinea‐Bissau characteristically has a hot and humid tropical climate. There are two distinct seasons: the rainy season and the dry season.
Article 22 of the Constitution Article 23 of the Constitution 3 UNDP HDR 2013 1 2
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The rainy season stretches from mid‐May until mid‐November, with higher rainfall in July and August. The dry season corresponds to the remaining months of the year. The months of December and January are the coolest. However, temperatures are very high all year round. Military ‐ Ramos das Forças Armadas: (FARP) Forças Armadas Revolucionárias do Povo (Army, Navy, Air Force and National Guard Presidency). Number of staff: 4701 (4321 men and 380 women) Public Order Police: 1548 (1335 men and 213 women) Police Information Services: 551 (497 men and 57 women) Judicial Police: 268 (253 men and 15 women) Nacional Guard: 1088 (956 men and 132 women) Tax Guards: 268 (244 men and 24 women) Maritime Police: 84 (83 men and 1 woman) Park Rangers: 84 (81 men and 3 women) The UN in Guinea‐Bissau The UNIOGBIS has headquarters in Bissau and regional offices in Mânsoa, S. Domingos, Bafatá and Buba / Bubaque (Bijagós). Specialized Agencies of United Nations The following are specialized agencies represented in Guinea‐Bissau: (UNDP/PNUD) United Nations Development Programme / Programa das Nações Unidas para o Desenvolvimento (UNFPA) United Nations Population Fund / Fundo das Nações Unidas para a População (WFP/PAM) World Food Programme (WFP) / Programa Alimentar Mundial (WFP/FAO) Food and Agriculture Organization (FAO) / Organização para a Agricultura e Alimentação (WHO/OMS) World Health Organization / Organização Mundial de Saúde (UN Women/ONU Mulheres) United Nations Entity for Gender Equality and the Empowerment of Women (UNICEF) United Nations Children's Fund / Fundo das Nações Unidas para a Infância (UNHCR/ACNUR) United Nations High Commissioner for Refugees / Alto Comissariado das Nações Unidas para os Refugiados (UNODC) United Nations Office on Drugs and Crime/ Escritório das Nações Unidas sobre Drogas e Crime International Organizations Agência de Cooperação de Timor‐Leste (ACTL) Banco Africano de Desenvolvimento (BAD) Fundo Monetário Internacional (FMI) Banco Mundial (BM) União Africana (UA) União Europeia (UE) Comunidade de Países de Língua Portuguesa (CPLP) Comunidade Económica dos Estados da África Ocidental / Economic Community Of West African States (ECOWAS/CEDEAO) Page 10 of 147
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ECOMIB União Económica e Monetária da África Ocidental (UEMOA) Diplomatic Representations Embassies South Africa, Germany, Angola, Brazil, China, Cuba, Spain, France, Gambia, Guinea, Libya, Nigeria, Portugal, Russia, Senegal Consulates (Holland, India, Italy, Lebanon, Mauritania, Romania, Turkey and the UK) Development Indicators and Gini Index The Human Development Index in Guinea‐Bissau is 0.364 according to the Human Development Report (UNDP, 2013). It lies on the 176th place out of 186 countries, lying in the group of countries with low level of development. Life expectancy at birth4 48,6 5 Average years of education 2,3 6 Average annual growth of the human development index (2000‐2012 em %) Gross National Income (GNI) per capita (USD) 1.097 7 Gini coefficient of income (2002) 35,5 8 Total fertility rate 4,9 9 Maternal mortality rate 790 Population living on less than $1.25 USD/dia (%) 48,9 Access to safe water (%) 64,0 Access to improved sanitation (%) 20,0
4
Number of years that a child from birth can expect to live, mortality rates observed, since birth, in the year of observation. Number of years of education received by people of 25 years old or over. (Values obtained in a survey conducted by UNICEF between 2002-2012) 6 No data 7 World Bank, 2012 5
8
Number of children that would be born of each woman if they lived until the end of their childbearing years and generated children in every age in accordance with fertility rates by prevailing age. 9 Relationship between the number of maternal deaths and the number of live births in a given year, expressed per 100,000 live births.
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2.2 – Geographic and Administrative Organization For political and administrative purposes the country is divided into regions, subdivided in thirty‐six (36) sectors and sections consisting of tabancas (villages). The country is divided into eight (8) regions and one (1) independent sector, which are the regions of Bafatá, Biombo, Bolama / Bijagós, Cacheu, Gabu, Oyo, Quinara, Tombali and Autonomous Sector of Bissau – the capital. The Government is represented in the regions by the regional governors and by sectorial administrators in the sectors. The appointment and dismissal of regional governors is a competency of the Government. Mapa das Regiões
Área das Regiões
0.2% 10% 9%
17% 2% 7%
15% 14% 25%
Bafatá Biombo Bolama/Bijagós Cacheu Gabu Oio Quinara Bissau Tombali
Mapa dos Sectores
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2.3 ‐ Brief history The first multiparty elections for the Presidency and the Parliament of Guinea‐Bissau took place in 1994. In June 1998, a military insurrection led by General Ansumane Mane, resulted in the deposition of President Vieira and a bloody civil war. The conflict ended in May 1999, when Ansumane Mane gave provisional presidency of the country to the PAIGC leader Malam Bacai Sanha, who summoned general elections. These elections were won by the opposition leader of the PRS (Party for Social Renewal), Kumba Yala, who assumed the position of President of the Republic in 2000. The new President was overthrown by a military coup led by General Verissimo Correia Seabra, in September 2003, under the allegation of inability to solve the country's problems. Henrique Rosa temporarily assumed the leadership of the State. The parliamentary elections held on the 28th of March 2014, resulted with the PAIGC attaining 45 seats in National Popular Assembly (ANP) and with PRS following in second place with 35 seats. In October of the same year, Ansumane Mane, chief commander of the armed forces, staged a new uprising, only to be killed in the region of Quinhamel. Although shrouded in controversy, the 2005 presidential elections reappointed Nino Vieira to the highest office of the nation. On the 1st of March 2009, Tagme Na Waie, Chief of Staff of the Armed Forces and former political rival of Nino Vieira, is assassinated in a bomb attack. Some soldiers who were close to him suspected, although unproven, that the president was involved in this attack. On the dawn of the next day, 2nd of March 2009, they attacked the presidential palace and assassinated Nino Vieira. The military command, which many analysts consider the real power, said democratic rights would be maintained and that it was not a coup. But many governments around the world condemned the assassination of Nino Vieira and expressed serious concern about the political stability of Guinea‐Bissau. The President of the National Popular Assembly (ANP), Raimundo Pereira, assumed the interim presidency, and the Guinean political parties marked early presidential elections for the 28th of June 2009, which were won by Malam Bacai Sanha. The transition of Guinea‐Bissau to democracy continues, however, hampered by the weakness of its economy and devastated by civil war and political instability. On the 1st of April 2010, there was an attempted removal of Prime Minister Carlos Gomes Júnior, and Chief of the Armed Forces ‐ Lieutenant General Zamora Induta. On the 12th of April 2012, the Guinean military undertook the military action of occupying various strategic points in the capital of Guinea‐Bissau, on the grounds of the necessity to defend the Armed Forces from an alleged assault by the Angolan military, which according to the self‐styled Military Command, was authorized by the Heads of State and Government. The UN, the African Union and the European Union called for an immediate restoration of constitutional order, with ECOWAS imposing, on the 11th of May 2012, that Manuel Serifo Nhamadjo, President of the National Popular Assembly, was appointed Interim President of the Nation, with a mandate of one year.
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2.4 ‐ Electoral Management Bodies of Guinea‐Bissau 2.4.1 ‐ National Election Commission (CNE) The National Election Commission is an independent and permanent body that works with the National Assembly and is responsible for the oversight, organization and management of the electoral and referendum process. Main duties As defined in Article 11 of Law 4/2010 of the 1st of March, the following duties are within the competence of CNE: a) Oversee and monitor voter registration; b) Approve the bulletin models of voter registration, electoral registers, voter card and election; c) Prepare, print, distribute and control the election; d) Determine the polling station after hearing the Regional Election Commissions (CRE). e) Organize and direct the presidential, parliamentary, municipal elections and referendums; f) Organize the statistical census, elections and other suffrages; g) Organize the registry of the elected citizens for the sovereignty and local government bodies; h) Manage its budget and any other resources it is consigned; i) Establish the model stamp of the minutes of the polling station and any other documents necessary for the viability of the electoral process; j) Promote civic clarification of the citizens through social media, on matters relating to the electoral process; k) Proceed to distribute the broadcasting time on radio and television by different candidatures; l) Assess the regularity of revenue and expenditure of candidatures; m) Create and ensure the proper functioning of the Regional Election Commissions (CRE) and appoint by public tender, in accordance with law, the respective Presidents; n) Determine and publish the election results; o) Submit to the National Peoples Assembly (ANP) the final report of each election and referendum; p) Make all the necessary measures for a smooth running of the electoral process. Composition and mandate As defined in Article 2 of the Law of the CNE, the National Election Commission consists of: a) An Executive Secretariat; b) A representative of the President in the legislative and local; c) A Government representative; d) A representative of each Party or Coalition of Parties. e) A representative of the National Council for Social Communications; f) A representative of each presidential candidate. Paragraph 3 of the same article states that "The Executive Secretariat, permanent collegial body of the board, consists of four members including a Chairman, who chairs the CNE, an Executive Secretary and two Deputy Executive Secretaries", with a mandate of four years (Article 3 .1). The remaining members are appointed by the respective institutions, Parties or Coalition of Parties, 90 days before the election date, cease their mandate with the announcement of the final election results (Article 4). Structure The Regional Election Commissions, integrate the CNE, consisting of a President and a representative of each
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Party or Coalition of Parties competing. The independent candidates for the office of the President of the Republic may appoint a representative for the CRE. The members of the CRE are appointed and sworn in by the President of the CNE. Executive Secretariat Dr. Augusto Mendes (Counsellor Judge) Dr. José Pedro Sambu (Associate Judge) Dra. Kátia A. Lopes (Court Judge) Dr. Idrissa Djaló (Court Judge)
President of CNE Executive Secretary of CNE Deputy Executive Secretary of CNE
Deputy Executive Secretary of CNE
2.4.2 ‐ Office of Technical Support to the Electoral Process (GTAPE) The Office Technical Support to the Electoral Process was created by Decree‐Law 2/2005 of 15th of March, with responsibility for organizing and implementing the electoral voter registration. Article 1 of this decree‐ law, tells us that the GTAPE is a technical executive body integrated within the Ministry of Territorial Administration, Administrative Reform, Civil Service and Work and enjoys administrative autonomy. Main duties The main duties of GTAPE are described in Article 2 of the act referred: a) Ensure the implementation of voter registration for elective sovereignty bodies, local government and other suffrages; b) Coordinate, organize and carry out annual voter registration; c) Ensure the distribution of the documentation that is necessary for the voter registration (RE) and its update, as well as the statistics of voter registration, publicizing their results; d) Conduct studies and analyzes in electoral matters; e) Propose and organize clarification activities and training of members of voter registration officers; f) Inform and advise on electoral matters; g) Handle and organize the communications received from the Registries and Notaries, courts and psychiatric institutions regarding electoral capacity; h) Send to the Voter Registration Officers the extracts of relations that contains information relating to citizens that: ‐ lost electoral capacity; ‐ acquired the electoral capacity; ‐ deceased. a) Issue updated lists of voters and send them to the Voter Registration Officers for the exhibition of the copies of the books for examination and complaints within the legal deadline. Regarding the implementation of voter registration, namely the creation of material conditions for its realization, it is the responsibility of GTAPE to: (Art. 2.2) a) Plan, coordinate and develop the logistical, financial and administrative support required to complete the voter registration; b) Prepare, print and distribute entry forms for the voter registration officers through the Administrators Sectors; c) Prepare and print the minutes, notices, instructions and other documentation required and ensure its distribution under the law; d) Establish the stamp model used in voter registration and submit it for the approval of the National Election Commission (CNE);
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MAPE-GB e)
Prepare the documentation required for the support and clarification of voters and other stakeholders in the voter registration; f) Provide the necessary means to enable the voter registration officers submit the necessary documents for the work of general establishment; g) Any other tasks given by law or superior decision. Training is one of the areas of competence of this body, being given importance in this area in Article 3, which mentioned that GTAPE in collaboration with entities that have intervention in the electoral process should promote training for Members of the Voter Registration Officers. Structure The GTAPE is headed by a Director‐General and includes in its structure a Directorate of Administrative and Financial Services, Directorate for IT Services, Statistics and Electoral Logistics, Studies Office, Legal Training and support.
Director Geral
Direcção de serviços Administrativos e Financeiros
Repartição de Administração e Recursos Humanos
Secção de Recursos Humanos
Repartição de Contabilidade
Secção de Finanças de Contabilidade
Secção de Administração
Secção de Património
Gabinete de Estudos Apoio Jurídico e Formação
Repartição de Estudos Jurídicos e Apoio à Formação
Centro de Documentação
Direcção de Serviços de Informática, Estatística e Logística Eleitoral
Repartição de Informática e Estatística Eleitoral
Repartição de Logística Eleitoral
Secção de Estudos Jurídicos
Biblioteca
Secção de Informática
Secção deLogística Eleitoral
Secção de Apoio à Formação
Arquivo
Secção de Estatística Eleitoral
Secção de Educação Cívica
Organogram Director‐General of the GTAPE, Cristiano Na Bitã
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3. MISSION TO SUPPORT THE ELECTORAL PROCESS I OF GUINEA‐BISSAU (MAPE‐GB I) (1/10/2013 ‐ 28/2/2014) 3.1 ‐ Background 3.1.1 – Request for support from the authorities of Guinea‐Bissau On the 17th of September 2013, during an official visit to Timor‐Leste, the Minister of Economy, Soares Sambu, and Minister for Natural Resources, Sertório Biote, from the Republic of Guinea‐Bissau, in light of difficulties of the implementation of the electoral process in their country and recognition of the experience of Timor‐Leste in the electoral field, officially requested the government support of the Democratic Republic of Timor‐Leste (RDTL) for the preparation of general elections in Guinea‐Bissau.
3.1.2 ‐ Exploratory Mission to support the electoral process in Guinea‐Bissau Following the preliminary contacts between the representatives of the Government of the Republic of Guiné‐Bissau and the Government of the Democratic Republic of Timor‐Leste, under which has been requested our support for the organization of the voter’s registration process in order to call for the election for the Members of the National People’s Assembly and the President of the Republic, the V Constitutional Government, taking in to consideration the fraternal bounds that unity our two peoples, decided to establish an exploratory mission to evaluate the conditions existing in Guiné‐Bissau to implement the voter’s registration process. The exploratory mission assessment regarding the conditions for the realization of a voter’s registration process was led by His Excellency the Secretary of State for Administrative Decentralization, Tomás do Rosário Cabral, and also by the Deputy Director General of the Technical Secretariat for Election Administration (STAE), Maria Goretti Belo Marques, the Head of the IT Department of STAE, Cláudio de Araújo Martins and the Legal Advisor to His Excellency the Secretary of State for Administrative Decentralization, Maria Filomena de Canossa Henrique. During the assessment activities, in order to evaluate the existing conditions for conducting a voter’s registration process, the members of the exploratory mission meet with several political leaders of Guiné‐ Bissau, as well as with officials and technical staff from national political institutions of this country and with the electoral administration bodies, namely: the Prime‐Minister, the Minister of State, Minister for Territorial Administration and Local Government, the Minister for Economy and Regional Integration, the Vice‐ President of the National People’s Assembly and the members of the National Election Commission . During the meetings held with the political authorities and election officials, it was perceptible the feeling of apprehension regarding the possibility of held general elections in Guiné‐Bissau, until December 31ST, 2013, corresponding this deadline to a demand made by the international community, including the Council for Economic Development of West Africa in order for the Republic of Guinea‐Bissau to return to constitutional normalcy. Indeed, the exploratory mission had the opportunity to verify that Guiné‐Bissau has not conducted any voter registration process since 2008 and it was explained by the Guinean national authorities that the number of five hundred thousand voters who were registered was now estimated in eight hundred thousand voters, estimation based on the number of citizens that during the last five‐year period reached eighteen years old. Moreover, the existing system of manual voter’s registration was reveal obsolete and unsafe, since the voter cards were filled out manually and did not displayed the photograph
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of the holder. It was commonly accepted by the Guinean authorities as well as by the international agencies, that there exist the need for changes in the electoral registration process in Guinea‐Bissau, making it evolve from manual system to improved manual system (solution recommended by the Program United Nations Development Programme) or to a registration system with biometric data (solution advocated by Guineans policy makers). However, whatever the option to implement the voter registration was, the great dispersion of the population all over the territory (comprising eight regions and one autonomous sector) and the difficult mobility conditions for the voter’s registration officers to make a new voter’s registration process it woul make it a very expensive operation, estimating the United Nations Development Programme that it would cost approximately € 40,000,000 (forty million Euros) to conduct voter’s registration process with biometric data or € 30 million (thirty million Euros) for a voter’s registration through an improved manual system process. For its part, the Ministry for Territorial Administration and Local Government estimated a total cost of € 19,468,040.69 (ninety million, four hundred and sixty‐eight thousand and forty Euros and sixty‐nine cents). The difficult financial situation in which the Republic of Guiné‐Bissau is, as a particularly severe impact on the health, education, food security and energy sectors makes impossible for the State to organize and implement a new voter’s registration process with the objective to provide the basis for conducting free and fair elections, the situation was aggravated by the unfulfilled funding promises previously made by the international community and still unfulfilled during the presence of the exploratory mission in Guiné‐Bissau. Members of the exploratory mission also had the opportunity to verify the willingness of national authorities Guineans to start a process of cooperation with the Democratic Republic of Timor‐Leste in the fields of technical training for election and in the reform of the defense and security sectors considering the largely positive experience of Timor‐Leste in these areas. Once completed the round of contacts with the national authorities of Guiné‐Bissau and the international agencies, the exploratory mission, taking in consideration the historical fraternal ties which unite the People of Guiné‐Bissau and Timor‐Leste, recommended that our country provide assistance to the election administration bodies in the areas of voter registration and training of electoral officers, in order to organize future elections, with funds capable to assure the existence of a special structure, which includes officers from STAE and CNE to work with ACT‐L officers, and with the inclusion of support from local officials, recruited in the eight regions and able to liaise with local communities. The budget of $ 6,000,000.00 (six million American dollars), proposed by the exploratory mission, to implement the technical support highly contrasted with the extraordinary amounts estimated by the international agencies or by national authorities of Guiné‐Bissau and that proved to be accurate at the end of the MAPE‐GB.
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3.1.3 ‐ Official Visit of His Excellency the Prime Minister of the RDTL On the 4th of October 2013, under the presidency of G7 +, H.E. the Prime Minister of the RDTL, Xanana Gusmão, begins a visit to Guinea‐Bissau, where he remained for four days. During this visit, he met with the main political and military authorities of Guinea Bissau, in search of a solution to the political and military crisis that the african‐lusofono country has lived in since the last military coup. In statements to the Guinean and international press, the four‐day visit that began in Guinea‐Bissau was referred as an “obligation”, once the Timorese state holds the presidency of the G7 + group. Furthermore, it was considered that the general elections scheduled for the month November 2013, should only be undertaken after the completion of a "proper voter registration”. Accompanying His Excellency the Prime Minister were, the Special Envoy from Timor‐Leste to Guinea Bissau, Dr Mari Alkatiri, President of the National Petroleum Authority, Eng. Gualdinho do Carmo, the Secretary for the g7 +, Dr. Helder da Costa, Commissioner of the National Police of Timor‐Leste, Dr. Longuinhos Monteiro, President of Radio Television of Timor‐Leste (RTTL), Dr. Expedito Dias Ximenes, and advisors of the Offices of the Prime Minister and Deputy Prime Minister. Meeting of His Excellency the Prime Minister, Kay Rala Xanana Gusmão and committee, with His Excellency the Transitional President of Guinea‐ Bissau. On the 4th of November, during the bilateral meeting in Macau with H.E. the Prime Minister of Guinea‐ Bissau, Rui Duarte Barros, H.E. the Vice‐Prime Minister of RDTL, Fernando La Sama de Araújo, who led the delegation of Timor‐Leste in the Ministerial Conference of the Forum for Economic and Trade Cooperation between Countries of Official Portuguese Language and China states that "The Government of Timor‐Leste intends to continue to support the Government and people of Guinea‐Bissau to end the problems of this country, member of the Community of Portuguese Language Countries (CPLP), is currently facing.” The Vice‐ Prime Minister, La Sama, also emphasized “… the State and the people of Timor‐Leste have a deep sense of solidarity with the people of Guinea‐Bissau. Both have a similar experience of struggle. The State and the Government of Timor‐Leste continue to try, in various ways, to help Guinea‐Bissau ". The Prime Minister of Guinea‐Bissau, Rui Duarte Barros, on behalf of the Guinean people thanked the State and people of Timor‐Leste for the support that is being provided, especially in the voter registration process for the general elections which were then planned to be held during the month of March 2014. Rui Duarte Barros said he hoped that in the future, the collaboration of Timor‐Leste, would be extended to other areas, including security. (Source: www.timor‐leste.gov.tl) Page 20 of 147
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Laying a wreath for the National Heroes of Guinea‐Bissau in the Amura Fortress.
3.1.4 ‐ Decision to grant support to Guinea‐Bissau In view of the request made by the authorities of Guinea‐Bissau to the Government of the Democratic Republic of Timor‐Leste, and the responsibilities of the RDTL as a member of the CPLP and the Group g7 +, and after the Mission for Technical Assessment and Visit by H.E. Prime Minister of Guinea‐Bissau, H.E. the Prime Minister, Kay Rala Xanana Gusmão, approved in Dili on the 27th of October 2013, the proposed terms of reference for the establishment of a Mission to Support the Electoral Process of Guinea‐Bissau. Bissau, 05 out (Lusa) ‐ O primeiro‐ministro de Timor‐Leste, Xanana Gusmão, encara como uma "obrigação" a visita de quatro dias que iniciou hoje à Guiné‐Bissau, uma vez que o estado timorense detém a presidência do grupo G7+. O G7+ é uma organização criada em abril de 2011 que reúne 18 Estados‐membros, entre os quais Timor‐Leste e Guiné‐Bissau, e que defende reformas no modo como a comunidade internacional apoia os países frágeis ou em situação de pós‐conflito. "Detendo Timor‐Leste a presidência do G7+, teríamos uma obrigação" em visitar a Guiné‐Bissau, "como expressão de solidariedade total, para trocarmos impressões", destacou Xanana Gusmão. O primeiro‐ministro timorense, Xanana Gusmão, está desde ontem, (4 OUT) sexta‐feira, na capital guineense, para uma visita oficial de quatro dias à Guiné Bissau, na procura duma solução para o conflito guineense. Depois do antigo Presidente timorense Ramos Horta, representante especial do secretário‐geral da ONU, na Guiné Bissau, agora é a vez do primeiro‐ministro timorense, Xanana Gusmão, pisar o solo daquele "país irmão", segundo as suas próprias palavras, logo à chegada no aeroporto da capital guineense. Xanana Gusmão, que já foi igualmente Presidente de Timor leste, está em Bissau, na sua qualidade de primeiro‐ministro pretendendo encontrar‐se durante a sua visita com as principais autoridades políticas e militares da Guiné Bissau, em busca duma solução para a crise político‐militar que aquele país afro‐lusófono vive desde o último golpe de estado militar. Xanana Gusmão, foi dizendo aos jornalistas não estar em Bissau para ensinar nada aos guineenses, mas em contrapartida para "trocar experiências com o país irmão". Mesmo assim, o primeiro‐ministro de Timor leste, disse considerar que as eleições gerais previstas para o mês novembro do corrente ano, só deviam ser realizadas depois da realização de um "bom recenseamento eleitoral".
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3.1.5 ‐ Nomination of the Head of the Mission On the 24th of October 2013, by order of His Excellency the Prime Minister, Kay Rala Xanana Gusmão (Ref. 1317/GPM/X/2013) H.E. the Secretary of State for Administrative Decentralization, Tomás do Rosário Cabral, is appointed to lead the Mission to Support the Electoral Process (doc. attached).
3.1.6 ‐ Background and Mandate of the MAPE‐GB I The Mission to Support the Electoral Process of Guinea‐Bissau had as the primary objective to contribute to the preparation of the election process, especially the phase of voter registration, crucial to achieve credible democratic outcomes, with fair, transparent results and national and international recognition. Timor‐Leste was committed to this mission with consideration of the ties of solidarity that unite the CPLP countries, but above all, considering that Guinea‐Bissau is one of the countries that is part of the G7+ group that Timor‐Leste leads and advocates an initiative of approaching fragile states. The Mission to Support the Electoral Process of Guinea‐Bissau required a high technical capacity and expertise in the organization of legislative and presidential elections, of which the RDTL has a vast knowledge due to its recent history of post‐conflict situation, was committed to sharing their expertise and assist in performing simultaneous elections in the Republic of Guinea‐Bissau thus contributing to the restoration of constitutional order and the desired peace, stability and development of the Guinean People. In recent years, the RGB initiated some progress of great political dimension, such as the Reconciliation and Reforms in the Defense and Security Sectors, as well as in Justice and Public Administration. There were also carried out studies on the Demobilization needed, both within the military and police, a crucial factor to the professionalization of the two institutions, whose implementation has not moved considering the lack of financial capacity and internal situation of the country. The already difficult and complex reality in RGB since 1980, joined the coup of the 12th of April 2012, which aggravated the internal situation, disrupted the ongoing electoral process at the time, and deserved actions of reservation and sanction from the international community. The RGB acknowledged that despite increased difficulties created by the posture of the international community, this on the other hand had the positive effect to awaken the collective consciousness, which resulted in a declaration of principles signed by the social and political forces, including the military, as National Commitment for the Restoration of Constitutional Order. Stated in the reference terms of 1st Mission to Support the Electoral Process are the following specific objectives: • Acquire the material and equipment needed for voter registration and printing of voters lists. • Support the establishment of a voter registration database. • Support and provide legal advice in the review and / or implementation of existing legislation of voter registration and other legal documents applicable to the process. • Train the technicians of the implementing agency Office of Technical Support to the Electoral Process of Guinea‐Bissau (GTAPE‐GB) and system operators. • Monitor and advise in the field the voter registration phase throughout the territory. • Assist in the synchronization of electoral database. • Assist the publication of the final result of voter registration. • Support the printing and dissemination of the list of voters. • Assist in developing programs and training technicians for the implementation of civic education campaigns for the elections. Page 22 of 147
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Subsequently the following activities may be performed: ‐ Assist the electoral administration bodies of the RGB in the preparation and implementation of electoral activities at the voting stations across the territory. ‐ Ensure that the international principles that rule election periods are met throughout the process. ‐ Logistically support the delivery and collection of election materials to voting centers and stations. ‐ Assist Guinean CNE supervision of voting centers to ensure that activities comply with the operational plans and procedures required. ‐ Constitute an election observation team that oversees the completion of the election. Competencies / Team Head of Mission (1) ‐ Secretary of State for Administrative Decentralization, Member of the 5THConstitutional Government of RDTL, Representative of the Government for the Mission to Support theElectoral Process in Guinea‐Bissau. ∙ Responsible Plan of Action Programs and Funding the Mission; ∙ Responsible for contacts with the Government and Agencies in Guinea‐Bissau; ∙ Responsible for all activities undertaken by the Mission; ∙ At the end of the mission must send a final report to the Prime Minister DRTL. Deputy Head of Mission (2) A) President of National Election Commission of Timor‐Leste ∙ Responsible for liaising with the National Electoral Commission in Guinea‐Bissau; ∙ Represent the Head of Mission, when necessary and determined by the Head of Mission; ∙ Execute other task assigned by the Head of the Mission. B) Director General of the Technical Secretariat for Election Administration of Timor‐Leste ∙ Responsible for liaising with the Technical Support Office for the Electoral Process (GTAPE); ∙ Responsible for the technical assistance and support voter’s registration activities; ∙ Represent the Head of Mission if requested; ∙ Perform other tasks assigned by the Head of Mission. Support the Head of Mission (1) ∙ Logistical and administrative support to the Head of Mission activities; ∙ Responsible for managing the Head of Mission agenda; ∙ Perform other assignments determined by the Head of Mission. IT Technical Officers (2) ∙ Responsible for the installation of a Server; ∙ Responsible for the installation of a database; ∙ Responsible for the installation of a web base; ∙ Responsible for Creating a computer network; ∙ Responsible for Installing software on laptops; ∙ Responsible for the development of voter’s registration software; ∙ Responsible for the design and installation of database software. Page 23 of 147
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Legal Officer (1 person) ∙ Responsible for provide legal support to the voter’s registration process; ∙ Provide legal advice regarding the election law with a special focus on voter’s registration law,ensuring their compliance with international standards and the respect for human rights; ∙ Provide support to the election administration bodies, namely by drafting legal instruments about election matters; ∙ Provide support to the election administration bodies in the development of reports, studies and manuals for the correct application of the election legal framework of Guinea‐Bissau; ∙ Provide legal advice, on election matters, to the training department in order to develop training materials; ∙ Provide support to the department of administration and finance regarding the preparation and drafting of official documents and by providing legal advice; ∙ Provide support to the training process of the election administration bodies regarding legal matters; ∙ Report on legal activities and submit them to the Head of Mission; ∙ Perform other tasks as assigned by the Head of Mission. Administration and Finance Officers (2 people) ∙ Provide support to the voter’s registration activities; ∙ Coordinate the activities of the Timorese technical support to the Guinean voter’s registration operations; ∙ Support all the procurement operations for goods and services; ∙ Schedule the voter’s registration activities and meet the deadlines; ∙ Support the organization of voyages of the members of the MAPE‐GB in order to support the voter’s registration activities; ∙ Prepare reports of the activities undertaken by the MAPE‐GB regarding the support provided to the voter’s registration process, submitting them to the Head of Mission; ∙ Support the organization of events, workshops and training where necessary; ∙ Coordinate the logistic activities inherent to the support provided to the voter’s registration operations by MAPE‐GB; ∙ Monitor the financial execution of the funds made available by the MAPE‐GB to the voter’s registration process in Guinea‐Bissau; ∙ Ensure the financial management activities of the Mission, including: the preparation of solicitation of funds, reconciliation of bank statements, payment of local officials, capital management, organization of accounting records and preparation of the Mission financial reports; ∙ Submit reports of financial activities to the Head of Mission; ∙ Ensure the conduct of procurement of goods and services and the existence of a register ofsuppliers and contracts awarded; ∙ Ensure the management of the premises of the mission, notably for office supplies, leases, energy,telecommunications, transport of mail, fuel, etc.; ∙ Perform other functions as assigned by the Head of Mission. Page 24 of 147
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Training Officers (2) ∙ Assess the training need of voter’s registration officers; ∙ Drafting and execution of the training plan for the voter’s registration officers; ∙ Drafting and execution of the training plan for the political parties, media and non‐ governmentalorganizations; ∙ Development of training materials to support the training activities for the voter registration officers,in accordance with the existing legal framework of Guiné‐Bissau and the international technical stands; ∙ Monitoring the voter registration activities implemented by voter registration officers, and verify thecompliance of the proceedings with the training previously provided; ∙ Preparation of a report regarding the training activities and submit it to the Head of Mission; ∙ Support the election administration bodies during the design of the operational plan of the voter’s registration process; ∙ Support the election administration bodies in the design and dissemination of promotional materials regarding the voter registration process; ∙ Perform other duties as determined by the Head of Mission. Logistics Officers (3) ∙ Develop a plan for logistical support to the activities of the MAPE‐GB and submit it to the Head of Mission; ∙ Prepare an inventory of assets available for support the work developed by the Mission to Support the Electoral Process in Guinea‐Bissau and submit it to the Head of Mission; ∙ Prepare a report regarding logistics and supplies to roll out the voter’s registration operations; ∙ Organize and manage the warehouses used by the MAPE‐GB, organizing the materials aselectorally sensitive and non‐sensitive; ∙ Develop plans for transportation of people and goods that minimize security risks to them; ∙ Ensure the operational support activities to the MAPE‐GB; ∙ Prepare a weekly report on the materials used during the activities of the MAPE‐GB; ∙ Manage the transport vehicles at the service of MAPE‐GB; ∙ Organize the transfer of the assets from the MAPE‐GB to the ACT‐L and to the election administration bodies; ∙ Perform other tasks as assigned by the Head of Mission. Computer’s Officers (5) ∙ Responsible for the implementation of the information and communication systems of MAPE‐GB; ∙ Responsible for assure the installation and proper functioning of all hardware and software of theMAPE‐GB; ∙ Responsible for assuring the proper functioning of the hardware and software of the voter’s registration database and, if necessary, to create new software for this purpose; ∙ Provide technical support for data synchronization for the establishment and updating of the voter’s registration database; ∙ Ensure the compliance of the voter’s registration database with the legal framework for voter registration of Guiné‐Bissau;
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∙ Prepare a report of activities for the establishment of the voter’s registration database and the protection of their information and submit it to the Head of Mission; ∙ Provide the necessary clarifications regarding the information and communication systems to the members of MAPE‐GB; ∙ Provide training to voter’s registration officers and to the election administration bodies regarding the maintenance of equipments and software necessary for the conservation, safety and use of the voter’s registration database; ∙ Establish a security system and procedure for the issuance of voter cards avoiding the issuance of duplicates; ∙ Perform any other tasks as assigned by the Head of Mission.
3.1.7 ‐ Structure and Organogram The coordination of the Mission to Support the Electoral Process in Guinea‐Bissau is ensured by H.E. the Secretary of State for Administrative Decentralization of the V Constitutional Government of the RDTL, Tomás do Rosário Cabral, supported by representatives of the electoral management bodies of Timor‐Leste (National Elections Commission and Technical Secretariat for Electoral Administration) and the Agency for the Cooperation of Timor‐Leste in Guinea‐Bissau. The structure includes a support office in Bissau encompassing components of administration, finance and logistics and a Technical Assistance and Support to Voter Registration that integrate officers from STAE, encompassing the areas of computer expertise and technology, finance and logistics management, training and legal issues.
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3.1.8 ‐ Composition of the MAPE‐GB I On the 25th of October 2013, H.E. the Secretary of State for Administrative Decentralization published the composition of the technical staff of the mission. Tomás do Rosário Cabral Head of Mission (Member of the V Constitutional Government) José da Costa Belo Deputy Head of Mission (President of CNE) Acilino Manuel Branco Deputy Head of Mission and Head of Technical Advisors (DG STAE) José António Alves Aid to the Head of Mission Vicente de Sousa Administration and Finance Officer of the Support Office Marcos Tilman Logisitics Officer of the Support Office Information and Technology (IT) Elviro Fernandes Moniz Officer Responsible for the IT Department Cláudio Araújo Martins IT Officer Túlia Onorina de Andrade IT Officer Octaviano Salsinha IT Officer
Roménia Pereira
IT Officer
Administration, Finance e Logistics Saturnino Exposto Babo Francisco Carlos Marcos Tadeu
Officer Responsible of Administration and Logistics Logistics Officer Logistics Officer
Training Department Eduardo Casimiro de Deus Diane Almeida
Officer Responsible for the Training Department Training Officer
Legal Department Maria Filomena de Canossa Henrique
Legal Advisor
3.1.9 ‐ Duration period of the Mission It was defined in the reference terms of the Mission to Support the Electoral Process the approved period of approximately four months, beginning in November, and terminating at the end of February. During this period it was expected to accomplish the material procurement, voter registration, database synchronization, publication of the final result of voter registration and print the list of voters, as well the activities of civic education, training and mission election observation. As explained in the reference terms of the mission, the duration of the same period and schedule could be altered depending on the effective date of the elections, which came to be. A 2nd Mission will thus continue the work under the terms of the initial reference, as approved by H.E. the Prime Minister, Kay Rala Xanana Gusmão, so that it can provide the necessary support to the authorities of Guinea‐Bissau throughout the electoral process.
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3.2 ‐ Commencement of the activities of the Mission to Support the Electoral Process of Guinea‐ Bissau (1/10/2013 ‐ 28/02/2014) 3.2.1 ‐ Activities and initial contacts for the preparation of the support to the electoral process The mission arrived in Bissau on the 3rd of October, and met on that day with the Agency for Cooperation of Timor‐Leste in Guinea‐Bissau, Dr. Alberto Carlos, H.E. the Special Representative of the Secretary General of the United Nations in Guinea‐Bissau, Dr Ramos Horta, H.E. the Minister of Economy and Regional Integration of Guinea‐Bissau, Dr. Soares Sambu and the Electoral Management Bodies of the Guinea‐Bissau. On the second day the team was received by H.E. the Prime Minister of the Republic of Guinea‐Bissau, Rui Duarte Barros, H.E. the President of the Republic of Guinea‐Bissau, Dr. Manuel Serifo Nhamadjo and H.E. the Chairman of the Board of Directors of the Popular Nacional Assembly (NCP). On the 5th and 6th of October, the team paid a visit to the Cacheu region and met with Non‐Profit Organizations and Guinean Political Parties. On the 7th of October, His Excellency the Prime Minister of RDTL, Kay Rala Xanana Gusmão, arrived in Bissau, the Mission accompanied the agenda of the visit of H.E. the Prime Minister, and joined the meeting with H.E. the Special Representative of the Secretary General of the United Nations in Guinea‐Bissau. Materials and equipment for voter registration support
The voter registration materials are unloaded from the plane specifically chartered for this purpose at Bissau airport.
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Timor‐Leste procede a entrega de Materiais e Equipamentos para o Recenseamento Eleitoral O Secretário de Estado de Descentralização Administrativa de Timor‐Leste procedeu hoje á entrega de materiais e equipamentos para o recenseamento eleitoral ao Primeiro–Ministro da Guiné‐Bissau, Rui Duarte de Barros. É um gesto de solidariedade de Timor‐Leste para o povo irmão da Guiné‐ Bissau. Dos materiais entregues fazem parte um servidor ultra moderno onde vão ser processados todos os dados do recenseamento eleitoral, kit’s para o recenseamento, projetores, computadores, malas metálicas, geradores portáteis , impressoras cartões em branco, formulários para o recenseamento entre outros. Ainda na mesma ocasião foi entregue ao gabinete técnico de apoio ao processo eleitoral secretárias, mesas de reunião, cadeiras executivas, um gerador silencioso , redes de internet ente outros. Falando aos presentes, o Secretário de Estado da Descentralização Administrativa de Timor–Leste, Tomás do Rosário Cabral sublinhou “ … hoje apesar de sermos uma jovem nação em fase de reconstrução e de consolidação da nossa democracia não podemos ser indiferentes ao apelo do povo da Guiné‐ Bissau. Aqui estamos neste país cujo povo nos acolheu de braços abertos, para dar total apoio ao vosso processo eleitoral com vista á realização de eleições justas, transparentes e credíveis perante a comunidade nacional e internacional”. Este membro do V governo constitucional da República Democrática de Timor‐Leste disse por outro lado “Procedemos hoje á entrega oficial dos materiais de recenseamento eleitoral com os quais os órgãos de administração eleitoral mormente o GTAPE, irão liderar e assegurar o recenseamento eleitoral em todo o país” Esta entrega aconteceu num dia simbólico para Timor‐Leste . Há 38 anos o país declarava a independência unilateral contra a ocupação da Indonésia. O governo da guiné‐ Bissau mostrou‐se profundamente sensibilizado com este apoio do povo irmão de Timor –Leste, tendo na ocasião o Ministro de Administração do Território e Poder Local, Batista Té, afirmado o seguinte ”… é mais um reforço para a nossa independência, porque um país cujos dados de identificação dos cidadãos pertence a terceiros é um país dependente” . Já o primeiro ministro Rui Duarte de Barros, destacou a solidariedade do povo e do governo de Timor–Leste no apoio ao processo eleitoral na Guiné‐ Bissau. Afirmou que “… queremos que no dia 1 de Dezembro o recenseamento eleitoral comece em todo o país”. O chefe do governo guineense disse que é preciso mobilizar e sensibilizar as pessoas a participarem neste acto, a fim de o país poder realizar eleições transparentes e credíveis que possam ser aceites pela comunidade internacional, mas em primeiro lugar pelos próprios guineenses. Esta cerimónia foi antecedida pela entrega das instalações do GTAPE completamente reabilitadas e equipadas com ao apoio do governo da República Democrática de Timor‐Leste. Nota de Imprensa MAPEGB
As promised by the Government of Timor‐Leste, the Mission to Support the Electoral Process in Guinea‐ Bissau would give the Guinean election officials the means and equipment necessary for it to become possible to conduct voter registration. With this in mind and in a major logistics operation, the Mission facing the reduced time available for the start of census operations, chartered a cargo plane especially for the transport of 150 kits census to Bissau, donated by Timor‐Leste. The transport operation was performed initially with the movement of materials and equipment by land from Lisbon to Seville airport in Spain, where a chartered plane was waiting, then proceeded to load the plane for a direct flight that would land in Bissau on the dawn of the 23rd of November, fulfilling the target goals, in what proved to be an extraordinary proof of the operational capacity of the members pertaining to the mission and the will of the Timorese government to support the authorities of Guinea in the plan to conduct free and fair elections. Subsequently the members of the Mission proceeded to do the inventory work, cataloging and distribution of materials and equipment that would be used in the registration process. The MAPE‐GB held a ceremony of the delivery of equipment, on which the Prime Minister of the Transitional RGB was present, and H.E. the Secretary of State for Administrative Decentralization delivered the following transcribed speech:
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Speech by H.E. the Secretary of State for Administrative Decentralization, Tomás do Rosário Cabral, given at the ceremony of delivery of materials to GTAPE Your Excellency the President of the Republic of Guinea‐Bissau Your Excellency the Prime Minister of the Republic of Guinea‐Bissau Your Excellencies’ the Government Members of the Republic of Guinea‐Bissau Distinguished Members of the Diplomatic Corps accredited to Guinea‐Bissau Your Excellency the Minister of Territorial Administration President and Distinguished Members of the National Election Commission Director‐General of the Technical Support Office of the Electoral Process Distinguished Guests Ladies and Gentlemen It is a high honour for me, as a member of the V Constitutional Government of the Democratic Republic of Timor‐Leste, to find myself in this brother nation and a special mission, entrusted to me by my government, to head the Mission to Support the Electoral Process of Guinea‐Bissau. The historical and friendship ties between our two societies are deep. Timor‐Leste and its people, for solidarity reasons, responded to the challenge of providing support to the electoral process of Guinea‐Bissau with great satisfaction and determination. Written in history is the unequivocal and unwavering solidarity that our brother nation, Guinea‐Bissau, have shown towards our people during times of greatest hardship while combating the illegal invasion of our country by Indonesia, which was one of the stalwarts of the intransigent defence of our inalienable right to self‐determination. Today, even though we are a young nation under reconstruction and consolidation of our democracy, we could not remain indifferent to the call of our Guinean brothers. Here we are in this country, whose people welcomed us with open arms, to give full support to your electoral process with the intention of achieving fair, transparent and credible elections before national and international communities. Allow me, therefore, in front of the highest dignitaries of this brother nation, to express a warm word of thanks for the way we were welcomed in Guinea‐Bissau and the hospitality that we have been given. Travelled over thirteen thousand kilometres to get here and we are aware that our contribution is simple. However, let me stress that the simplicity of our gesture reside sincerity and esteem of our people toward you, and especially hope that rapidly restore constitutional order and the brother people of Guinea‐Bissau tread your path to peace and development. Excellencies, Today we proceed to the official delivery of voter registration materials, which the electoral administration bodies, mainly GTAPE, will lead and ensure voter registration across the country. I would also like to emphasize that this day is a historic day for the Timorese, because 41 years ago we unilaterally proclaim our independence. In our dear country, from north to south, east to west, our people commemorate the time when we wanted to take the reins of our destiny as a sovereign nation. We could not have chosen a better time to make the delivery of such materials and do it with great joy. The brotherly people of Guinea‐Bissau can count on the support and solidarity of the people of Timor‐Leste! I end this my short speech quoting the words of a well‐know personality of Guinea‐Bissau, Amilcar Cabral, who said: "We have to fight for the children of our land, today and tomorrow, so that no wall, no barrier is put before them" . Thank you very much!
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3.2.2. – Support in capacity building for the voter registration officers and electoral officials of Guinea‐Bissau Technical training to the officers of the National Election Commission and Regional Election Commissions in Material of Election Procedures in Bafatá (9 and January 10, 2014).
The training of facilitators, voter registration officers and electoral officials was one of the key areas of intervention of MAPE‐GB, with various activities made throughout the country. These activities enabled a better performance of human resources pertaining to the process compared with previous electoral experiences.
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Decorreu no dia vinte e um de novembro de 2013, nas novas instalações do Gabinete Técnico de Apoio ao Processo Eleitoral (GTAPE), a primeira fase de formação de facilitadores, de acordo com o calendário de formação aprovado pelo Director‐Geral do GTAPE. Esta primeira fase de formação, leccionada pelos técnicos timorenses da Missão de Apoio ao Processo de Recenseamento Eleitoral na Guiné‐Bissau, teve como principal objecto de análise o sistema biométrico que será implementado no recenseamento eleitoral, a começar no dia um de Dezembro de 2013. Nesta primeira fase foi apresentado o funcionamento teórico do sistema da base de dados, bem como os procedimentos correctos de entrada de dados. A componente prática será objecto de formação após a chegada dos “kit’s” e a devida instalação do sistema nos mesmos. O servidor da base de dados já está em Bissau, aguardando apenas a sua instalação na sede do GTAPE. Os facilitadores guineenses serão responsáveis pela formação de formadores, actividade que irá decorrer na próxima semana, correspondendo à segunda fase da formação planeada. A terceira fase irá acontecer nas capitais da Regiões, onde será administrada formação a agentes do recenseamento eleitoral e presidentes das mesas de voto. Nota de Imprensa MAPEGB
The CNE trained a total of 12 000 members for the 3020 polling stations, an effort that had the support of Timorese training team. For the work to be done in abroad, CNE sent trainers to Lisbon and Dakar to act as collection points for votes from Europe and Africa respectively.
Financial Report of the MAPE‐GB I By order of H.E the Secretary of State for Administrative Decentralization of the V Constitutional Government of the RDTL, a technical support team was established and sent to Guinea‐Bissau from the 24th of January to the 2nd of February, in order to make financial and budget execution reports of the mission. The team was composed of the following members:
Maria Goretti Marques Belo Leni dos Santos Fernandes Filomena da Costa Eliázaro Teofilo de A. Amaral Mimi Sarmento Lay
Timorese and Guineans celebrate Christmas and New Years together The MAPE‐GB team in a continuing effort to put together the operations of voter registration, celebrated Christmas and New Year with their fellow Guineans brothers and sisters, receiving many Guinean and international figures in the mission headquarters, as well a visit from our close “bo'ot” brother, José Ramos Horta. On New Year's Eve party, His Excellency the President of the Transitional Guinea‐Bissau, Serifo Nhamadjo, gave the following transcribed speech: Desejo a todos um feliz novo ano e que a amizade entre a Guiné‐ Bissau e Timor‐Leste seja cada vez mais consolidada. bem como a da Guiné‐ Bissau com o mundo através das Nações Unidas e dos outros parceiros, sejam a União Africana, CEDEAO, CPLP e UE. Que 2014 seja o ano da reintegração da Guiné‐ Bissau no concerto das nações. Para que tenhamos um país estável e próspero, é preciso o esforço de todos sem exceção. Temos de fazer um esforço para coabitar na diferença e no respeito mútuo, entre as pessoas, os estados e a nível da política partidária, que também a família política guineense saiba fazer um esforço para a coabitação, para que haja inclusão e não exclusão, para que possamos de facto fazer eleições tranquilas e transparentes. Aquele que ganhar que lhe seja dada a oportunidade de terminar o mandato e depois ser sancionado nas urnas nas eleições seguintes, de modo á Guiné‐Bissau poder definitivamente inaugurar um ciclo de eleições com o ajuste de contas nas urnas e não pela via da força, com a colocação de pessoas no poder pela via do voto e não por outras vias. Quero agradecer ao Dr. Ramos Horta pela amizade, dedicação e solidariedade pela comunidade timorense, neste caso não só com a capa da ONU como represente especial do Secretário‐Geral das Nações Unidas, mas também como ilustre timorense, ex‐presidente da República e Nobel da Paz. Nós fazemos votos para que esta experiência e dedicação sejam transmitidas a todos os guineenses e que possamos retirar ilações positivas do seu empenhamento, bem como de toda a comunidade internacional. Continuaria a falar destas boas ações até ao amanhecer, do nosso querido amigo Presidente Ramos Horta e da comunidade Timorense, mas vou repetir o que já disse em ocasiões anteriores é nos momentos difíceis que se conhecem os irmãos, os amigos . Se todos nos juntarmos para que a transição seja pacífica, o próximo poder terá maior facilidade em galvanizar o desenvolvimento pretendido. Se formos capazes de gerir e de estancar a alavanca de dificuldades então o próximo poder perderá muito tempo a enfrentar os problemas em vez de pensar no desenvolvimento. Oxalá com o vosso esforço e solidariedade possamos viver 2014 com tranquilidade e galvanizar o país para o que todos almejamos, para o entendimento nacional, a coabitação na diferença e pensar três vezes sempre na Guiné‐Bissau. Muito obrigado pela amizade, muita saúde, felicidade e prosperidade para todos.
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3.2.3 ‐ Institutions and Timorese civil society accompany the activities of the MAPE‐GB I Visit of a Delegation of Timor‐Leste to Guinea‐Bissau A multi‐sectorial mission from Timor‐Leste, composed of 20 members, travelled to Guinea‐Bissau on the 30th of November 2013 for a period of a week. The Ambassador of Timor together with CPLP, Ambassador Antonito de Araújo, led the mission. The mission was composed of 19 representatives from institutions, headed by the Deputy Director of STAE, Maria Goretti Marques Belo, part of this delegation were members from the civil society, religious groups, women's organizations, public defenders, Technical Secretariat for Electoral Administration (STAE), the National Election Commission (CNE), Timor – Leste´s media, Ministry of State Administration and Permanent Representative of Timor‐Leste in CPLP. The objective of the mission was to closely monitor the voter registration process in Guinea‐Bissau. Visit of the Special Envoy of Timor‐Leste to Guinea‐Bissau, Dr. Mari Alkatiri Proposed by the Timorese Government, H.E. the President of the Republic of Timor‐Leste, Taur Matan Ruak, signed the decree (4/2014) naming the Honorable Dr. Mari Alkatiri, the former Prime Minister of the RDTL, as the special envoy to Guinea‐Bissau. Under this role, Dr. Mari Alkatiri made his first work visit to Guinea‐ Bissau between the 16th and 21st of February, and carried out various meetings with the authorities of this brotherly nation. This mission´s purpose was aimed at taking stock of the cooperation between the two countries and assess future necessities. While establishing contacts, the special envoy to Guinea‐Bissau, did not fail to emphasize ... << the role played by his country in the outcome the voter registration process qualified as "a fabulous job". >> Mari Alkatiri, expressed confidence that the process of cyclical crises were coming to an end, reaffirming "... that Timor‐Leste is in Guinea‐Bissau to contribute technically to support the election process and will do everything in their power to help.” During the visit to the National Electoral Commission to evaluate the work of the support to the electoral process by the Timorese technical team, Dr. Mari Alkatiri highlighted the success of the voter registration, reaffirming "... the support of Timor‐Leste to the reform process in Guinea‐Bissau that the elected government will propose, namely the public administration reforms, reform of state institutions and reform of the defense and security sector ". To the Guinean authorities, the special envoy to Timor‐Leste "... assured that his country will do everything to help Guinea‐Bissau. What can be achieved will be done directly and what cannot be done, the government of Timor‐Leste will not hesitate to try to open other international doors. "28 Dr. Mari Alkatiri also revealed his personal experience and knowledge of all PALOP's, remembering the support and solidarity provided by all brotherly lusofono nations during the struggle for the independence of Timor‐Leste, recognizing that this is one of those moments where solidarity should be reciprocated. In meetings, the special envoy "... secured that after the elections, the elected government will benefit from enhanced cooperation and will receive full support of Timor‐Leste." 28, highlighting the fact that Timor‐Leste will preside the CPLP, starting June, in what seems like a happy coincidence. At the end of his work visit, the special envoy of Timor‐Leste promised to return to the country soon after the election to make a new evaluation, promising to "... bring the experience of Timor‐Leste to a greater inclusion, understanding and consensus”28.
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Meeting with the MAPE‐GB team
Meeting with H.E. the Prime Minister of the Republic of Guinea‐Bissau
Visit to GTAPE accompanied by H.E. the Prime Minister of Guinea‐Bissau and President of GTAPE
Meeting with H.E. the Transitional President of the Republic of Guinea‐Bissau
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Romania Pereira, IT officer of MAPE‐BG visiting a Voter Registration Desk to provide support to Guinean operators.
3.2.4 ‐ Operations of support to voter registration and creation of voter registration database The problems encountered during the elections of April 2012, in respect to the manual issuance of cards, led the signatories of Transition and Political Pact Agreement to consider the need to conduct a more reliable and transparent voter registration by using an electoral computerized base as a support. The Parliament of Guinea‐Bissau subsequently validated this choice. The Timorese support and expertise would offer a guarantee to the successful implementation of this new voter registration system, contributing to strengthening the integrity and credibility of the registration system and the production of the voters’ lists. The posting of the lists with a color photo of each voter, would further reveal transparency and public scrutiny of the process. This was how an electoral register was created from scratch, with the use of a modern and efficient technology, biometric registration and issuance of voter card, which incorporated many security features, photo and complete electoral biographic data. For this purpose the MAPE‐GB installed in GTAPE a server to receive the database of voter registration, whose program was developed by the Mission´s Department of Computer Science and Technology, who was
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also responsible for authoring the computer program of voter registration. The installation of 150 kits for voter registration was done in record time (the estimated 30‐day period was shortened to 10 days). This Department was also responsible for installing the entire computer network of the mission, as well as the connection of the Mission´s IT infrastructure to the Internet. Database (Server) and Management Programs For the development of the computerized database, the MAPE‐GB provided the Office of Technical Support to the Electoral Process (GTAPE) a server and other equipment in order to integrate all the information concerning the registration of voters. Besides this hardware offer to the government of Guinea‐Bissau, which would allow the voter registration and update the computer database, the IT officers of the MAPE‐GB developed specific programs of database management in accordance with the requirements and specifications of the electoral system of Guinea‐Bissau and international standards. Every 15 days, the IT officers of Timor‐Leste proceeded to collect the back‐up files in the regions to synchronize the data collected by field teams with the database hosted on the central server in GTAPE in Bissau. Voter Registration abroad The signatories of Transition and Political Pact Agreement also agreed that Guineans abroad were given the possibility to participate in these elections. Taking into account the number of Guineans residing abroad, a few countries were selected where voter registration could take place. In Europe the registration and voting would take place in Portugal, Spain and France. In Africa ‐ Cape Verde, Guinea Conakry, Gambia and Senegal. The general supervision of voter registration operations is the responsibility of the government through the Ministry of Territorial Administration and Local Government, to ensure transparency and reliability of the process, it was decided by the Council of Ministers to appoint a Minister to supervise each region, as shown below.
A Technical Committee was formally constituted by the CNE President, a Committee of General Elections Process Follow‐up (COSEPEC) to GTAPE level, chaired by the Minister of Territorial Administration and Local Government and National Coordination Committee chaired by the Director‐General of GTAPE.
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The late disbursement of funds by the Council for Economic Development of West Africa (ECOWAS) Commission and the delay in bureaucratic procedures, led the Republic of Guinea‐Bissau government to solicit the support of the RDTL for the rehabilitation of the Voter Registration Commission facilities, purchase registration kits and financial means for fuel and computer commodities, in order to begin the registration on the scheduled date. The registration process began on the 1st of December 2013 throughout the nation and ended on the 8th of February 2014. The registration abroad was conducted in 7 centers, 3 in Europe (Lisbon, Madrid and Paris) and 4 in Africa (Banjul, Conakry, Dakar and Praia) by using an online registration system with automatic synchronization of the central database in GTAPE. The period of complaints for registered voters across the country and abroad began on the 18th of February, for a period of fifteen days from establishing the voters’ lists. Having been determined to vote abroad, the Mission participated in the effort that led to the completion of voter registration. Recenseamento eleitoral termina a 8 de Fevereiro O Governo de transição, através do ministro da Administração Territorial e Poder Local, Baptista Té, anunciou esta quinta‐feira, 6 de Fevereiro, o fim dos trabalhos de recenseamento eleitoral em todo país até às 21:00 (hora local) do próximo dia 8. De acordo com Té, ao nível da diáspora, o acto de inscrição dos potenciais eleitores guineenses termina a 10 de Fevereiro, ou seja, 48 horas depois, colocando, assim, fim a um processo que durou 70 dias, o que superou a previsão inicial de 21 dias anunciada no passado Dezembro. Sobre a questão de duplicidade dos cartões de eleitor, Baptista Té garantiu que não haverá e nem pode haver esta situação, com o sistema informático do Gabinete Técnico de Apoio ao Processo Eleitoral (GTAPE) bem montado para o efeito, podendo notar qualquer anomalias sobre as pessoas que se recensearam mais de uma vez. Trata‐se de um processo em que, desde o início de 2014, as pessoas são inscritas sem cartões de eleitor. O responsável pela pasta de execução deste processo disse que a comissão sectorial já está a proceder à entrega dos cartões de eleitor às pessoas que se recensearem sem, no entanto, terem recebido os mesmos. Em termos de números, o governante revelou que os dados provisórios indicam para 739 mil e 951 a nível nacional e 19 mil e 960 na diáspora, o que corresponde a 759 mil e 911 eleitores inscritos, num total de 91% de potenciais eleitores listados para ir às urnas no próximo dia 16 de Março. (c) PNN Portuguese News Network, 2014‐02‐07 16:34:18
Processo terminou a 12 de Fevereiro Governo abre período de reclamação para eleitores inscritos O Governo de transição, através do Gabinete Técnico de Apoio ao Processo Eleitoral (GTAPE), anunciou esta terça‐feira, 18 de Fevereiro, o início do período de reclamação dos eleitores inscritos em todo o território nacional e na Diáspora, por um período de quinze dias. O processo terminou a 12 de Fevereiro. São abrangidos neste processo de reclamação os eleitores cujos nomes tenham sido mal inscritos, aqueles que perderam o seu cartão de eleitor, os que faltaram à inscrição por motivos de doença (mediante a entrega de um atestado), e aqueles cuja impressão da fotografia se apresenta sem qualidade. Também são abrangidos os eleitores que estiveram fora do país durante o período de recenseamento. Em conferência de imprensa, o Director Geral do GTAPE, Cristiano Na Bitã, alertou para que o acto de reclamação não significa a inscrição de novos eleitores, tendo anunciado a fixação dos cadernos eleitorais para a partir desta terça‐feira, 18 de Fevereiro. «Serão criados postos de atendimento em todos círculos eleitorais e sedes administrativas dos sectores ao nível nacional» sublinhou o responsável, tendo anunciado a possibilidade de alargar a iniciativa para outras zonas assim que se justifique. As eleições Gerais na Guiné‐Bissau estão marcadas para 16 de Março. Já foram recenseados mais de 90% dos potenciais eleitores ao nível nacional e na Diáspora. Tiago Seide (c) PNN Portuguese News Network 2014‐02‐18 16:29:42
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3.2.4.1 ‐ Concept of the voter registration database Computer program development for voter registration The Voter Registration is the key to the development of the electoral process, which follows the parameters of a democratic system of transparency, constituting the voters' list and database, one of the elements of assurance and credibility of the entire process. The Voter Registration in Guinea‐Bissau is mandatory, as referred in Article 2 .1 of the Law 19/2011 of the 1st of November, Voter Registration Act. The CNE and GTAPE are the electoral bodies responsible for the supervision and organization of voter registration. As the total number of registered voters are not precisely known, it is necessary to establish a strategy for creating a credible voter registration database that enables the registered voters to exercise their civic rights. The electoral body responsible for the administration and organization of the process can make an estimation of the amount of electoral material it needs to purchase based on the number of voters, elaborating the operational plan and budget for the General Elections of 2014. In the Mission, the IT Department has the responsibility to establish and secure the functioning of the electoral data system of the Republic of Guinea‐Bissau, during the period of Voter Registration. This department assumes the high responsibility and challenge of responding to the request of the Republic of Guinea‐Bissau government, ensuring the success of Voter Registration. The role of the IT department of the Mission, include the following functions: • Installation of a database server of GTAPE; • Internet installation; • Installation of a computer network; • Software installation for laptops; •
Software development for Voter Registration;
In addition to the above responsibilities, the IT department must: •
Implement the information and communication system of the MAPE‐GB for the election;
• Ensure the installation and operation of hardware and software of the MAPE‐GB; • • •
Ensure the functioning of the hardware and software necessary for the creation of the voter registration database in the RGB; Provide the necessary technical services for the electoral data synchronization and update the data of registered voters; Provide training to officers of the electoral unit for the maintenance, preservation and security of the equipment and software of the voter registration database.
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Preparation Period During the preparation period for the establishment and installation of the electoral database system, all officers fulfilled their tasks with guidance from the Head of MAPE‐GB, working closely together with the staff of GTAPE and CNE, giving special attention to the information placed in the electoral database and the electoral card in accordance with legal procedures. Despite the good coordination between the GTAPE and CNE staff and the Mission´s IT team, there were some delays in providing information and specifications (regional lists, registration numbers and tables etc.), which delayed the completion of the database application, thus becoming operational on the 8th of November 2013. Area Survey During the 5th to 7th of November, the entire technical team joined forces with the GTAPE technical staff, to survey information regarding the conditions of infrastructure, communication networks, government administration model, electoral administration model, human resources and transportation. This information was extremely important to the creation of the database system, so that it can adapt to the reality and conditions of Guinea‐ Bissau.
Server equipment offered by MAPE‐GB for the Database Management of the Electoral System.
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3.2.4.2 ‐ Computer programs for the Voter Registration Database management The Voter Registration Database of GTAPE‐GB was created using the primary software Delphi Enterprise XE2 to do the programming, and 11 Oracle Standard One to make the database that has the necessary features to meet the increasing the number of voters over time. These are the two main components of the software for the creation and development of the voter registration database. However, there are other software components that also contribute to development of the database system. The server responsible for the accommodating the voter registration database, purchased and programmed by MAPE‐GB, was programmed with the software described in the table below and has a capacity of 450 GB.
Software offered by the Mission for the programming, design and management of the database.
The following software programs were also used: • Devexpress • Fastreport • Raise Component • TMS Component • ODAC (Oracle Direct Acess) • Translate Component • Yac Component • SDK Nitgen
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3.2.3.3 ‐ Model of the application of voter registration database
Gateway to the system of electoral database.
Application for registration of national voters.
Application for registration of voters abroad.
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Model of the voters list.
Synchronisation menu.
Menu of management of voters. . Page 42 of 147
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Application for correcting the data of voters.
Regional Application List.
Menu of registered voters report.
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Model of national voter card
Model of voter card for voters abroad
Web software for researching data and results
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Equipment and software for voter registration The Mission to Support the Electoral Process of Guinea‐Bissau offered the Guinean government 150 sets of equipment so that voter registration was possible. Each set contained a laptop, card printer (Fargo), image capture camera, hardware to collect signatures and fingerprints, generator and other devices. The Mission installed the software for data entry of the voters within 10 days, the estimated time for this operation is normally 30 days.
•
150 Portáteis
•
150 Impressoras de Cartões (Fargo)
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Timor‐Leste secured the acquisition of generators to ensure continuity of voter registration operations, in case of verified failures or power cuts, as well as the fuel needed to improve their operation. The logistics team tested all devices, one by one, before it was available to the voter registration officers, including the software installed on 150 laptops, which took place between 26th and 27th of November 2013. The Training and IT Departments also secured the training of Guinean officers to enable them to operate the 150 voter registration kits provided by the mission to GTAPE.
Illumination tripod
Materials and consumables used during the registration process and issuing of cards (Ink, cleaning kits and voter cards). Image capture hardware to capture the photo of the voter for the card.
Generator
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User network equipment.
Software used by voter registration teams.
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3.2.4.4 ‐ Voter Registration Form The voter registration forms were defined according to the specifications of the registration in Guinea‐ Bissau. The forms recorded in 50 sheets/forms notebooks, were produced in Portugal with funding from the Government of Timor‐Leste for subsequent distribution to teams made the voter registration on the territory.
3.2.4.5 ‐ The Voter Card Identification The Mission to Support the Electoral Process of Guinea‐Bissau offered voter cards for registration, which had the highest standards of quality. 2 model designs were emitted according to the voting location, the national voter card and voter card for abroad were issued.
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The cards printed in color, had security features (watermark with the national symbol of Guinea‐Bissau and barcode), and displayed the biometric data of the voter (Name, Date of Birth, Marital Status, Place of Birth, Residence, Parents, Photo and the holder´s signature). To begin the operation, Timor‐Leste gave 100,000 cards for the registration and 3700 print cartridges. Subsequently the Government of Timor‐Leste handed over a total of 900 000 cards to print the documents certifying the registration enrollment. The national voter registration card model also provided the information of Voter Number, Description Number, Region, Constituency, Sector, Electoral District and MRE / MAV, in the case of the voter card for abroad the Sector and Electoral District information was replaced by Country.
Expansão histórica» do registo nacional
Comissão para a Consolidação da Paz na Guiné‐Bissau felicita processo eleitoral A Comissão para a Consolidação da Paz na Guiné‐Bissau (PBC) felicitou a conclusão do processo de recenseamento eleitoral no país, que permitiu uma «expansão histórica» do eleitorado nacional e renovou as relações com os parceiros internacionais que contribuíram para o processo. A PBC reconheceu que o financiamento e a preparação para as próximas eleições Gerais estão no bom caminho devido às contribuições dos Estados‐membros da CEDEAO, da Comissão da CEDEAO, da Nigéria, de Timor‐Leste e dos doadores para o Fundo do PNUD, especialmente a União Europeia (EU).
A presença e as actividades do Gabinete Integrado das Nações Unidas para a Consolidação da Paz na Guiné‐Bissau (UNIOGBIS) e a liderança do Representante Especial do Secretário‐geral da ONU, José Ramos‐Horta, foram também decisivos no processo. Com a conclusão bem‐sucedida do registo de eleitores, a campanha eleitoral em
curso e as necessidades financeiras respondidas pelos parceiros internacionais, espera‐se que as eleições Gerais tenham lugar a 13 de Abril. A PBC manifestou a sua preocupação com os recentes episódios de violência política e condenou qualquer tentativa de As eleições de 2014, segundo a Comissão, terão lugar num ambiente diferente do registado em 2012, com o processo de inscrição concluído e a presença da segurança da CEDEAO no terreno, bem como a melhor coordenação entre os principais parceiros internacionais da Guiné‐Bissau. Para a PBC, as eleições terão que ser seguidas da implementação das reformas essenciais para assegurar uma estabilidade duradoura e de consolidação democrática. O órgão reafirmou a sua disponibilidade para servir como plataforma de coordenação para ajudar a conceber, a médio e longo‐prazos, recursos e estratégias de mobilização de apoio a iniciativas lideradas nacionalmente. Entre as opções para uma participação estratégica renovada da PBC com Guiné‐Bissau está a proposta de um Programa de Melhoria de Governança e Eficácia do RESG Ramos‐Horta, reconhecendo o papel de liderança importante a ser desempenhado pela CEDEAO em apoio à modernização do sector de defesa e segurança na Guiné‐ Bissau. Neste momento histórico, a PBC reafirmou a sua confiança e solidariedade para com o povo da Guiné‐Bissau na sua busca por estabilidade, democracia e desenvolvimento inclusivo. (c) PNN Portuguese News Network 2014‐04‐02 12:49:32
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3.2.5 ‐ Support for conducting the activities of voter registration The high number of tabancas, with difficult access to communication because of insufficient road networks and orographic characteristics of the territory, interlaced with rivers and scattered with isolated islands, was a challenge in the election process and voter registration. Aware of transport difficulties, the MAPE‐GB allocated transport and gave support to the teams commuting around the territory. The Logistics Department of MAPE‐GB, in preparation for the registration process, coordinated and carried out several activities: • Reception of voter registration materials and equipment • Cataloguing and Packaging • Survey of the operating conditions on land • Development of the distribution and collection plan for GTAPE Despite the difficulties of the improper design of the GTAPE´s plan to distribute registration kits and electoral material, the expertise of the Timorese electoral officers enabled them to overcome the difficulties by ensuring that the electoral material was fully distributed to all voters who wished to be registered. Thus, the shortage of some materials, such as print cartridges, cards, or registration forms was resolved and voter registration operations were able to resume their normal pace. a) Duration of travel by boat
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The voter registration operation commenced on the 1st of December 2013, ending on the 8th of February 2014 in the 9 national regions and on the 10th of the same month in the centers abroad. Recenseamento eleitoral termina a 8 de Fevereiro O Governo de transição, através do ministro da Administração Territorial e Poder Local, Baptista Té, anunciou esta quinta‐feira, 6 de Fevereiro, o fim dos trabalhos de recenseamento eleitoral em todo país até às 21:00 (hora local) do próximo dia 8. De acordo com Té, ao nível da diáspora, o acto de inscrição dos potenciais eleitores guineenses termina a 10 de Fevereiro, ou seja, 48 horas depois, colocando, assim, fim a um processo que durou 70 dias, o que superou a previsão inicial de 21 dias anunciada no passado Dezembro. Sobre a questão de duplicidade dos cartões de eleitor, Baptista Té garantiu que não haverá e nem pode haver esta situação, com o sistema informático do Gabinete Técnico de Apoio ao Processo Eleitoral (GTAPE) bem montado para o efeito, podendo notar qualquer anomalias sobre as pessoas que se recensearam mais de uma vez. Trata‐se de um processo em que, desde o início de 2014, as pessoas são inscritas sem cartões de eleitor. O responsável pela pasta de execução deste processo disse que a comissão sectorial já está a proceder à entrega dos cartões de eleitor às pessoas que se recensearem sem, no entanto, terem recebido os mesmos. Em termos de números, o governante revelou que os dados provisórios indicam para 739 mil e 951 a nível nacional e 19 mil e 960 na diáspora, o que corresponde a 759 mil e 911 eleitores inscritos, num total de 91% de potenciais eleitores listados para ir às urnas no próximo dia 16 de Março. (c) PNN Portuguese News Network 2014‐02‐07 16:34:18
The technique of the IT team supports the voter registration team´s work in the field.
Voter registration team in action.
Voter registration desk. Voters await their turn to regist.
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Digitizing the voter´s signature.
Inputting the voter´s data.
Voters with issued cards.
Inputting the voter´s data.
Voter with an issued card.
Voters with issued cards.
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3.2.6 ‐ Data Synchronization After the work of voter registration and verification conducted by the field teams, IT officers and MAPE‐GB technology, the data synchronization was created as shown in the diagram below.
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Synchronization of data (GTAPE)
3.2.7 ‐ Support for the exhibition process and voters´ lists complaints Once the registration was completed, the voters´ lists that were ready since the 14th of March, were delivered by the government through GTAPE to the National Election Commission (CNE) on the 18th of March, thus respecting the electoral timetable established by Presidential Decree. The support provided by the Timorese technical team was crucial in this process, giving Guinea‐Bissau a reliable electoral database updated annually. Above all and taking into account that previously the registration was done manually and was not updated, so many voters did not exercise their right to vote, which was what originated the protest of the political parties.
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Voter registration center and election list displayed for public viewing. Relativos ao território nacional e diáspora GTAPE entrega Cadernos Eleitorais à CNE O Director‐geral do Gabinete Técnico de Apoio ao Processo Eleitoral (GTAPE), Cristiano Na Bitan, assinou esta terça‐feira, 18 de Março, em Bissau, o termo de entrega dos Caderno Eleitorais ao Presidente da Comissão Nacional de Eleições (CNE), Augusto Mendes. Ao todo são 2.983 Cadernos Eleitorais relativos às Mesas de Recenseamento Eleitoral, que coincidem respectivamente com as suas mesas da Assembleia de Voto para todo o território nacional e diáspora. Falando durante a cerimónia, o Presidente da CNE, Augusto Mendes, disse que este acto foi mais uma etapa vencida no processo eleitoral em curso na Guiné‐Bissau. «Somos da opinião que um recenseamento bem feito é a premissa para termos eleições com poucas dificuldades», disse Augusto Mendes. O empenho de toda equipa e o apelo a mais apoios por parte da comunidade internacional neste processo constam entre os aspectos abordados por Augusto Mendes durante a sua alocução na cerimónia. (c) PNN Portuguese News Network, 2014‐03‐18 16:43:55
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Election list for public viewing.
7 de Fevereiro de 2014 ‐ Declaração do Representante Especial do Secretário‐Geral (RESG) das Nações Unidas para a Guiné‐Bissau sobre a conclusão do processo de recenseamento eleitoral anunciado pelo Governo de transição. Saúdo a decisão das relevantes autoridades de transição da Guiné‐Bissau sobre a conclusão do processo de recenseamento eleitoral, com uma percentagem recorde de 91% dos potenciais votantes. Com base no mais recente censo nacional da Guiné‐Bissau (2009), o Gabinete Técnico de Apoio ao Processo Eleitoral (GTAPE) estimou o número de votantes em 810.961. Pessoalmente, testemunhei os significativos esforços quer das relevantes autoridades nacionais, quer dos técnicos envolvidos, no sentido de levar o recenseamento eleitoral até às mais remotas tabancas e ilhas da Guiné‐Bissau, inclusivamente até àquelas localidades incomunicadas por falta de estrada: os kit’s electrónicos, os pesados geradores tiveram de ser transportados com meios improvisados, ou a pé, até áreas longínquas. Também testemunhei pessoalmente dezenas de milhar de comuns cidadãos a aguardar durante horas e dias para se recensearem. Houve inúmeros desafios, nomeadamente as condições geográficas, a inacessibilidade de diversas áreas do país, a adulteração dos equipamentos devido ao pó e humidade, a falta de combustível para os geradores portáteis, os atrasos nos pagamentos aos operadores e demais pessoal, etc. Não faltaram desafios e obstáculos ao longo do percurso. No entanto, na minha opinião foi um esforço extraordinário, um sucesso, e eu quero expressar a minha mais profunda gratidão às autoridades nacionais, aos amigos e parceiros, designadamente a Timor‐Leste, à Nigéria e aos países‐membros da CEDEAO. Agora todos teremos de trabalhar mais arduamente na segunda fase do processo eleitoral, o que significa nas eleições propriamente ditas. Há obstáculos que persistem, nomeadamente as decisões pendentes dos partidos políticos no Parlamento e fora dele, juntamente com as das autoridades competentes. Saúdo outros doadores, nomeadamente a União Africana‐UA, a Comunidade dos Países de Língua Portuguesa‐CPLP, a União Europeia‐UE, Portugal, o Reino Unido, China e o Fundo das Nações Unidas para a Construção da Paz (Peacebuilding Fund ‐ PBF), que garantiram apoios e nalguns casos já formalizaram as suas entregas, em espécie ou financeiras, para este importante exercício democrático que culminará no fim do período de transição e na abertura de um novo capítulo na história da Guiné‐ Bissau. José Ramos‐Horta Representante Especial do Secretário‐geral das Nações Unidas para a Guiné‐Bissau (uniogbis.unmissions.org)
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3.2.8 ‐ Final results of registered voters in the voter registration With the support of Timor‐Leste, a total of 775 508 people was surveyed, of which 22 312 were abroad, thus having an increase of 23% of the population registered since the last election in 2012. In estimated total of 809 212 voters, 96 % of citizens were registered.
Mais de 775 mil eleitores votam nas eleições Gerais Mais de 775 mil cidadãos guineenses com capacidade eleitoral activa deverão votar nas próximas eleições Gerais marcadas para 13 de Abril na Guiné‐Bissau, que irão escolher o novo Governo e o próximo Presidente da República. «Para conhecimento público e registo histórico, aproveito esta ocasião para anunciar os resultados definitivos do recenseamento eleitoral, onde foram registados 775.508 cidadãos com capacidade eleitoral activa», disse à PNN Batista Te, ministro da Administração Territorial e do Poder Local. Os dados foram avançados pelo governante esta terça‐feira, 18 de Março, em Bissau, durante a cerimónia de entrega dos cadernos eleitorais por parte do Gabinete Técnico de Apoio ao Processo Eleitoral (GTAPE), enquanto entidade executora do processo com a Comissão Nacional de Eleições (CNE). De acordo com o governante, os dados são relativos ao território nacional e diáspora, nomeadamente Senegal, Cabo Verde, Gambia, Guiné Conacri, Portugal, Espanha e França. No que diz respeito aos cadernos eleitorais, o Director‐geral do GTAPE, Cristiano Na Bitan, entregou ao Presidente da CNE 2.983 cadernos contendo os respectivos mapas de distribuição das mesas de Recenseamento Eleitoral e Mesas da Assembleia de Votos. «O acesso a estes documentos é extensivo aos representantes dos partidos políticos e candidatos, desde que formalmente o solicitem ao GTAPE», informou Baptista Té. Na cerimónia, Baptista Té afirmou ainda que, em termos de resultados o processo de recenseamento eleitoral, que durou pouco mais de dois meses, foi um sucesso total com os resultados acima referidos. Com esta entrega a CNE entra assim no período de inalterabilidade de dados eleitorais, que teve início a 14 de Março e termina a 12 de Abril. (c) PNN Portuguese News Network, 2014‐03‐18 15:38:27
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Result of the registration abroad The registration abroad resulted in a total of 22 312 voters, composed of 16 127 men and 6185 women. The countries with the largest number of voters were Senegal (5767), Cape Verde (4791) and Portugal (3780).
Em todos os encontros, à semelhança da primeira missão em Abril do corrente ano, foi sempre reiterada a enorme apreciação e gratidão da Guiné‐Bissau pelo apoio de Timor‐Leste à realização do recenseamento eleitoral. Nas palavras do Presidente da CNE da Guiné‐Bissau, Juiz Conselheiro Augusto Mendes “ninguém imaginaria que seria o povo timorense a vir tornar possíveis estas eleições. É um marco indelével nas relações entre os nossos dois povos. O povo da Guiné‐Bissau deve ser informado deste apoio vital de Timor‐Leste para o retorno à normalidade constitucional, através destas eleições que só foram possíveis por causa do recenseamento eleitoral”. No concernente ao empenhamento do Governo Timorense neste bem‐sucedido empreendimento em que consistiu a assistência ao recenseamento eleitoral, O Presidente da CNE da Guiné‐Bissau referiu que “gostaria de frisar o nosso apreço por este exemplo raro, em que um Governo disponibiliza um membro seu e põe‐no à disposição de um outro país, em dedicação exclusiva. É um fato inédito e inovador na cooperação internacional.” Relatório da Missão de Observação Eleitoral do Parlamento Nacional de Timor‐Leste às Eleições Presidenciais e Legislativas de 2014 na Guiné‐Bissau (II Parte)
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4. MISSION TO SUPPORT THE ELECTORAL PROCESS II OF GUINEA‐BISSAU (MAPE‐GB II) (1/03/2014 ‐ 31/05/2014) Given that there are some frailties in the implementation of the elections process, particularly in the areas of computing (tabulation and synchronization of election results), training and election monitoring. Considering the situation in Guinea‐Bissau at an international level, it was understood that it was useful to strengthen of the credibility of the electoral process, by creating a transparent and credible computer system capable of ensuring the tabulation and transmission of election results, as well as the certification that the electoral process subordinated to these principles through the declaration of such fact by election observation missions. Timor‐Leste has shown in its recent past, its ability to hold free, fair and credible elections through the use of new technologies. However, such success will be taken to a large extent due to the extensive training program in electoral matters of electoral officers. Considering also the internationally level requirements impended on Guinea‐Bissau and the experience of Timor‐Leste in those areas, it was proposed, in accordance with the request made by letter dated 28th of January 2014, by His Excellency the Transitional Prime Minister of Guinea‐Bissau, Rui Duarte Barros, (see attachments Pg.), the renewal of the mandate of the Mission, this time to assist the Guinean electoral management bodies in these three areas, which was promptly accepted by His Excellency Prime Minister Kay Rala Xanana Gusmão.
4.1 ‐ Mandate 4.1.1 ‐ Contexto The objective of the Mission to Support the Electoral Process I of Guinea‐Bissau was to contribute to the preparation of the electoral process, especially the phase of voter registration, which is crucial for credible democratic outcomes, with fair, transparent results and national and international recognition. The work of the Mission to Support the Electoral Process I of Guinea‐Bissau was crowned with success, which beyond doubt was due to the commitment of all professionals who participated in it and whose contribution cannot fail to be recognized and praised. It is now important to ensure the continuation of the work developed particularly through the support to the National Election Commission (CNE) for the implementation of the election, through a Mission to Support the Electoral Process II of Guinea‐Bissau, and to support the electoral administration bodies of Guinea Bissau to finish the elections for the Popular National Assembly and the Republic Presidency scheduled for the months of March and April of 2014. After the occurrence of the elections, the team of the Mission to Support the Electoral Process of Guinea‐ Bissau will be reduced, leaving only the members of the Office of Mission Support, with the aim of ensuring the preparation of activity and financial reports, which will be duly delivered to the Sovereign Bodies of the Republic of Guinea‐Bissau. The delivery of all equipment / materials electoral to the said authorities will also take place.
4.1.2 ‐ Description of the Mission The Mission to Support the Electoral Process of Guinea‐Bissau will assist the National Election Commission in the preparation and implementation of the election as a crucial step to the conduct of fair elections leading to credible democratic outcomes. The Mission will also assist the development of programs and training of technicians for the implementation of civic education campaigns for elections, with the purpose to clarifying potential voters of the importance of the electoral process for the consolidation of the democratic process in peaceful and stable conditions. Page 60 of 147
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The Mission to Support the Electoral Process II of Guinea‐Bissau will: • Support the proper operation of the Database System for Voter Registration. • Assist the publication of the final results of the election. • Support the printing and dissemination of the list of voters. • Assist in development of programs and training technicians for the implementation of civic education campaigns for elections. • Assist the electoral administration bodies of the RGB in the preparation and implementation of electoral activities in polling stations throughout the territory. • Ensure that the international principles that govern electoral processes are met throughout the process. • Logistically support the delivery and collection of election materials to polling centers and stations. • Assist the Guinean CNE in the organization of the election and validation of results. • Constitute an election observation team that monitors the completion of the election.
4.1.3 ‐ Duration period of the MAPE‐GB II The project developed by the Mission to Support the Electoral Process II of Guinea‐Bissau will have a duration of two months, starting in late February 2014 and ending in April 2014, given the possibility of holding a second round of election for the President of the Republic. Activities related to civic education, training and election monitoring would also take place throughout the Mission. Furthermore, the operational support in 8 regions, the autonomous sector of Bissau and 45 Electoral Districts of the Republic of Guinea‐Bissau will be ensured. On the 20th of April 2014, after the possible occurrence of the second round of presidential elections, the team of the Mission will be reduced. At the beginning of May, the office that operates the Mission will shut down and proceed to deliver all equipment to the Government of Guinea‐Bissau. During the same period, the Head of Mission shall submit the final report of the Mission for the consideration of His Excellency the Prime Minister of the Democratic Republic of Timor‐Leste (RDTL).
4.1.4 ‐ Headquarters of the MAPE‐GB II The center of the Mission will be located in Bissau, in a building named "Casa Timor", with frequent travels to the sectors and regions all over the territory. During the period of the distribution of materials, technical teams will be formed, and remain in the regions in order to ensure the smooth progress of the process and provide the necessary support for National Election Commission.
4.1.5 ‐ Structure The coordination of the Mission to Support the Electoral Process of Guinea‐Bissau will be the responsibility of the Secretary of State for Administrative Decentralization of Timor‐Leste, supported by representatives of electoral administration bodies of Timor‐Leste and the Agency for the Cooperation of Timor‐Leste in Guinea‐ Bissau. This shall be composed of a Support Office to be established in Bissau, which will encompass the components of administration, finance and logistics that will support the Mission. A Technical Advisory and Support Voter Registration shall be established along with the Support Office, with technicians from the Technical Secretariat for Electoral Administration (STAE) of Timor‐Leste, which will include the specialized area: Information Technology (IT) and Training. This structure will also incorporate Guinean national technicians.
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4.1.6 ‐ Composition Competencies/Team Head of Mission (1 person) Secretary of State for Administrative Decentralization (Government Member of the RDTL), Representative of the Mission to Support the Electoral Process II of Guinea‐Bissau. g)Representative of the Government of the Democratic Republic of Timor‐Leste in Guinea‐Bissau. h) Responsible for the Plan of Action, Programs and Funding of the Mission, i) Responsible for the contacts with the Government and Agencies in Guinea Bissau; j) Responsible for all activities developed by the Mission; k)Make all decisions relating to the Mission that is heading; Must send a final report to the Prime Minister of the RDTL at the end of the Mission. a) Head of Operations (1 person): i) Responsible for coordinating activities with the National Election Commission in Guinea‐Bissau; j) Represent the Head of Mission, on request; k)Attend meetings of the National Election Commission in Guinea‐Bissau and ensure regular contact with this electoral body; l) Ensure the coordination of the Operational Plan with the National Election Commission in Guinea‐Bissau; m) Submit weekly reports to the Head of Mission; Perform other tasks given by the Head of Mission. b) Deputy Head of Operations (1 person): Provide support to the Head of Operations; Represent the Head of Mission, on request; Perform other tasks given by the Head of Mission. Support to the Head of Mission (5 people, for the areas of Administration, Finance and Procurement): a) Support Office (3 people): b) Provide assistance support to the Head of Mission; c) Provide logistical support to the Head of Mission; d) Provide administrative support to the Head of Mission; e) Ensure the agenda of the Head of Mission; Perform other tasks given by the Head of Mission. b) Procurement (2 people): h) Process the order of various purchases; i) Set up and process the list of payments; j) Produce financial reports. c) IT Officers (2 people) • Responsible for the installation of a server; • Responsible for the installation of a database; • Responsible for the installation of a website; • Create a computer network; • Install software on laptops; • Ensure proper functioning of the voter registration database during the election process; • Responsible for the design and implementation of the database software. Page 62 of 147
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Composition of the MAPE‐GB II
Tomás do Rosário Cabral Head of Mission (Member of the V Constitutional Government) José da Costa Belo Head of Operations Elviro Fernandes Moniz Deputy Head of Operations Support Office to the Head of Mission José António Alves Aid to the Head of Mission Vicente de Sousa Finance Officer of the Support Office of the Mission Marcos Tilman Logistics Support to the Head of Mission Maria Filomena de Canossa Henrique Legal Advisor Procurement Department Maria Goretti Marques Belo Head of Procurement Filomena da Costa Procurement Officer IT Department Túlia Onorina de Andrade Voter Registration Database Officer Octaviano Salsinha Voter Registration Database Officer Lúcio Salvador Freitas Voter Registration Database Officer Training and Media Department Eduardo Casimiro de Deus Training Officer Bernardo Cardoso Training Officer Diane Almeida Training Officer Logistics Department Ilísio dos Santos Head of Logistics Saturnino Exposto Babo Logistics Officer Marcos Tadeu Logistics Officer Francisco Carlos Logistics Officer Samuel Rodrigues Pereira Logistics Officer IT Contractors Edie Kurniadi IT Contractor Alfin Barriky Nur Ilham Achmad IT Contractor
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4.1.7 ‐ Organogram of MAPE‐GB II
ONU (SRSG)
DEA [UNV]
RGB
TRIBUNAL ORGANIZAÇÃO ELEITORAL
REGIÕES [9] DISTRITOS ELEITORAIS [45]
Chefe de Missão Chefe de Operação Adjunto de Operação Gabinete de Apoio Assistente Técnico Dep. Técnico Informático Dep. Logístico Dep. Formação Dep. Aprov. e Relat. Despesas Total
[1] [1] [1] [3] [3] [4] [6] [3] [2] [25 pessoas]
RDTL (Chefe da Missão)
OPERACIONAL [2]
Departamento IT [4]
Gabinete Apoio Missão TLS [5] Apoio ao Chefe Missão [1] Finanças [1] Administração [1] Aprovisionamento e Relatório Despesas [2]
Assistente Técnico [3] Juridico [1] ACTL [2]
Dep. Logística [6]
Dep. Formação [1]
4.2 ‐ MAPE‐GB II Activities 4.2.1 ‐ Official Visit of H.E. the Minister of Finances of Timor‐Leste, Dr. Emília Pires, to Guinea‐Bissau On the 10th of March, H.E. the Minister of Finance of Timor‐Leste, travelled to Guinea‐Bissau for four days as President of G7+, to create contacts with the authorities of the country, in order to raise awareness of the importance of the electoral process as fundamental to building the peace. Entre 10 e 14 de Março Ministra das Finanças do Timor‐Leste visita a Guiné‐Bissau A ministra das Finanças de Timor‐Leste iniciou, esta segunda‐feira,10 de Março, uma visita de quatro dias à Guiné‐Bissau. A deslocação de Emília Pires enquadra‐se no âmbito de um processo de avaliação da fragilidade da Guiné‐Bissau, com vista à implementação de um novo acordo de desenvolvimento nos Estados frágeis, a convite das autoridades de transição guineenses. A visita tem como finalidade realizar contactos e sensibilizar as autoridades nacionais e a comunidade internacional para a importância do processo, que vai servir de base para a priorização das acções no quadro da realização dos objectivos da consolidação da paz e da constituição do Estado guineense. Emília Pires, que é também Presidente do G7+, tem encontros marcados com várias figuras de transição da Guiné‐Bissau, entre as quais se destaca Manuel Serifo Nhamadjo. Esta segunda‐feira, 10 de Março, a governante timorense tem encontro marcado com o Representação Especial do Secretário‐geral das Nações Unidas na Guiné‐Bissau, José Ramos‐Horta. (c) PNN Portuguese News Network 2014‐03‐10 16:43:26
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Para sair da situação de fragilidade Guiné‐Bissau terá que cumprir as metas do G7+ Foi anunciado formalmente pela Presidente do grupo G7+ que a Guiné‐Bissau tem a obrigação de cumprir as metas desta organização internacional, como forma de sair da situação de fragilidade económica, social e política em que vive há alguns anos. A obrigação foi anunciada no início desta semana pela Presidente do G7+ e ministra das Finanças de Timor‐Leste, Emília Pires, que se encontra em visita de trabalho à Guiné‐ Bissau. De acordo com a governante timorense, entre as metas que o país deve cumprir constam o factor de inclusão no xadrez político nacional, onde todos têm que participar independentemente do vencedor das eleições, para evitar situações de instabilidade. A justiça terá que funcionar bem para todos e deverá haver segurança para os cidadãos guineenses. O emprego jovem e a boa governação, ou seja, a utilização de forma honesta e correcta do erário público, destacam‐se também entre as metas que a Guiné‐Bissau tem que cumprir. A convite das autoridades de transição guineenses, a visita de Emília Pires enquadra‐se no âmbito de um processo de avaliação da fragilidade da Guiné‐Bissau, com vista à implementação de um novo acordo de envolvimento nos estados frágeis. A deslocação tem como finalidade estabelecer contactos e sensibilizar as autoridades nacionais e a comunidade internacional sobre a importância do processo, que vai servir de base para a priorização das acções no quadro da realização dos objectivos da consolidação da paz e da constituição do Estado guineense. (c) PNN Portuguese News Network 2014‐03‐11 16:33:33
4.2.2 ‐ Support to the electoral administration bodies Intending to contribute to the creation and preparation conditions of the general election, on the 12th of March 2014, the Mission to Support the Electoral Process of Guinea‐Bissau donated a monetary amount of US$ 200 000 for support to National Election Commission (CNE), as well as a vehicle to aid the travels of the CNE in its activities. In addition to the support material for the first mission, a vehicle for official use by the Director‐General of GTAPE was also assigned. Computers and Technology Despite finishing the registration process, the MAPE‐GB II continued to provide technical assistance and to GTAPE and CNE in the area of IT, monitoring of the management of the database, ensuring the maintenance of the computer network and Internet, as well as tabulation and clearance of results. Legal Department The MAPE‐GB Legal Department continued to provide support in terms of legal procedures, during this term, to its counterpart the National Election Commission. In this domain, the legal framework briefs were given to the members that composed the Timorese and New Zealander Observation Mission, as well as members of the Regional Election Commissions. Logistics The MAPE‐GB logistics team also worked intensely for GTAPE, by doing the inventorying of the equipment and collecting Fargo printers in all the regions, thus preparing the delivery of this equipment to GTAPE of Guinea‐Bissau. They also set up storage conditions so that these devices are available for future voter registrations to be carried out in the country.
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Os técnicos do departamento de informática e tecnologia da MAPE‐GB ministram formação aos técnicos guineenses nas instalações da GTAPE.
4.2.3 ‐ Support to the Defence and Security Forces Security during the election period, especially during the election campaign, Election Day and tabulation, is an essential factor for the success and tranquility of the process. The Mission to Support the Electoral Process of Guinea‐Bissau, understanding the needs of the existing transport facilities, and to support the defense and security forces for the electoral process, they provided the supply of two vehicles, a Toyota Hilux Double Cabin Pick‐up 4x4 / AT / TT and a LAN25L ‐ PRMDEN M2 for the National Police and Armed Forces of the Republic of Guinea Bissau.
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4.2.4 ‐ Support to civil society organizations Acknowledging the difficulties and wishing to support the work done for the welfare of communities by some of the leading institutions, contributing to create a peaceful environment, the Mission to Support the Electoral Process in Guinea‐Bissau made monetary donations to the Bambaram Orphanage, led by Mother Espinoza and where 70 children are embraced (US$ 2500), to the Parish of the Cathedral of the Bissau (US$ 2000), to the Youth of the Parish of the Cathedral of Bissau (US$ 500) and to the Football Federation of Guinea‐Bissau (US$ 69 302).
4.2.5 – Celebration of the Restoration of Timor‐Leste’ s Independence On the 20th of May, the Mission to Support the Electoral Processo of Guinea‐Bissau, celebrated in the Mission’s headquarters, the 12th Anniversary of the Restoration of Timor‐Leste’s Independence with the Timorese community and Dr. Ramos Horta, the Special Representative of the Secretary General of United Nations. Page 67 of 147
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5. CONDUCT OF SUFFRAGE AND TABULATION OF ELECTION RESULTS 5.0.1 ‐ Electoral Calendar 2014 st
Electoral Calendar of Legislative and Presidential Elections (1 Round) Activities
Duration
Days
Executor
Data Synchronization
09 FEB - 14 FEB
6
GTAPE
Printing of provisional list of voters
15 FEB - 17 FEB
3
GTAPE
Displaying information and attending complaints
18 FEB - 04 MAR
15
GTAPE
Confirming the location of polling stations
20 FEB - 14 MAR
26
CNE
Verification and validation of candidates
01 MAR - 15 MAR
15
STJ
Printing of final list of voters
05 MAR - 13 MAR
9
GTAPE
Positioning the order on the ballot paper
16 MAR - 17 MAR
2
CNE
Approval of the ballot model
17 MAR - 18 MAR
2
CNE
Production of ballot papers
19 MAR - 03 APR
16
CNE
Election Campaign
22 MAR - 11 APR
21
Political Parties and Candidates
Transporting the ballot papers to Bissau
04 APR - 06 APR
3
CNE
Transporting the kits to CRE
07 APR - 09 APR
2
CNE
Transporting the kits to polling stations
11 APR - 12 APR
2
CNE
13 APRIL
1
CNE
Election Day
5.0.2 ‐ Scheduling the elections Given the impractical possibility to carry out the general elections on the 16th of March, H.E. the President of the Transitional Republic of Guinea‐Bissau, made a series of national consultations on the 12th of February, with Guinean political and social bodies, as well as the international community authorities, notably with the signatories of the Political Agreement and Transition Pact, and made a trip to the Federal Republic of Nigeria, to listen to considerations regarding the need to postpone the general elections in Guinea‐Bissau. Under Article 68 (Point F) and Article 70 of the Constitution of the Republic of Guinea‐Bissau, the Presidential Decree No. 5/2014 of the 21st of February is issued, stating that the Presidential and Legislative elections will take place on the 13th of April of 2014, changing the previous date established by Presidential Decree 17/2013.
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13 de Abril Presidente de transição marca nova data para as eleições Gerais O Presidente de transição da Guiné‐Bissau, Manuel Serifo Nhamadjo, publicou esta sexta‐feira, 21 de Fevereiro, o Decreto Presidencial que indica o 13 de Abril como a nova data para as eleições Gerais que vão assinalar o fim do período de transição no país. Esta decisão teve lugar depois de o Presidente de transição ter ouvido os partidos políticos com e sem assento parlamentar, a Comissão Nacional de Eleições (CNE), entidades religiosas e outras forças da nação. O chefe de Estado guineense sustentou que «depois do fim do recenseamento no país e na diáspora estamos em condições de abordar a nova data das eleições, atendendo à impossibilidade legal das anteriores datas». No decreto Presidencial número 05/2014, Manuel Serifo Nhamadjo «considera que para se atingir os objectivos do recenseamento foi preciso alargar o prazo previamente estipulado, por razões que se prenderam com a logística». Foi desta forma que o Presidente de transição quis apresentar os argumentos que sustentam o motivo da indicação de uma nova data para o escrutínio geral. Com a alteração da anterior data de 16 de Março, estão agora criadas as condições políticas para a mobilização das massas partidárias, com os candidatos às Presidenciais e aos cargos parlamentares obrigados a acelerarem os seus processos de apresentação junto do Supremo Tribunal de Justiça. (c) PNN Portuguese News Network 2014‐02‐23 21:14:33
5.0.3 – Polling Stations Organization Article 47 of the Electoral Act / 2009 of the 11th of November, describes the organization and establishment of Polling Stations as "... are constituted of approximately four hundred voters per station and coincide with the division set for the voter registration." The article also states " The final map of polling stations should be released by the National Election Commission, through the media and posted in easily accessible public places, thirty days before the election" and that "the National Election Commission, can create polling stations anywhere in the country, up to 8 days before the start of the voting and must display signs in the locations taking place.” Location The National Election Commission determines the amount and location of polling stations. Polling stations operate preferably in scholar buildings. If there is absence or inadequacy of these buildings, then private buildings serving this purpose should provide appropriate access conditions and security for voters. It is forbidden to operate polling stations in police units; military units; residences of traditional and religious leaders; buildings of political parties or organizations; places where they sell alcoholic beverages and places of worship or used for worship.
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Map of Constituencies
Composition The electoral officers should preferably include the members of the registration unit of the respective area. With a minimum of 3 members per station, CNE trained a total of 12,000 members for 3020 polling stations
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5.1. ‐ First Round of the Presidential Election and Election of the Deputies of the National Popular Assembly Passive electoral capacity According to the Constitution, citizens eligible for the position of President of the Republic must be of Guinean origin, children of parents of Guinean origin, over 35 years of age and have full civil and political rights. Guinean citizens over the age of 21 are eligible for the position of deputies for the National Popular Assembly.10 Arranging the handover date of the candidates to the Supreme Court of Justice (STL) The Transitional President, through a Presidential decree published on the 22nd of February, fixed the date of the 5th of March as the deadline for handing in documents to STL. Final List Publication of the President of the Republic Election and the Deputies to the National Popular Assembly Election On the 18th of March, STL published the final list of Political Parties and Presidential Candidates of the general elections of the 13th of April. 13 Presidenciais e 15 partidos políticos STJ publica lista definitiva de candidatos às eleições Gerais O Supremo Tribunal de Justiça (STJ) publicou esta terça‐feira, 18 de Março, a lista definitiva dos Partidos Políticos e Candidatos Presidenciais às eleições Gerais de 13 de Abril. Não se verificou qualquer alteração à lista provisória, mesmo com as reclamações de alguns candidatos e partidos que argumentaram ter sido «injustiçados» pelos juízes conselheiros do STJ. A estas eleições vão concorrer 13 candidatos Presidenciais e 15 partidos políticos. Com a publicação da lista definitiva, o passo seguinte consiste agora na realização do sorteio de posicionamento dos candidatos e partidos nos Boletins de voto, esta quarta‐feira. O Gabinete de Apoio Técnico ao Processo Eleitoral (GTAPE) entregou à CNE os Cadernos Eleitorais esta terça‐feira, conforme os quais foram inscritos 775.508 eleitores. De acordo com as normas legislativas, os cadernos eleitorais já não podem ser alterados depois da entrega. A campanha para as eleições Gerais tem início este sábado, 22 de Março. (c) PNN Portuguese News Network 2014‐03‐19 11:14:38
Draw of the positioning of candidates and parties in the ballot papers On the 19th of March, the National Election Commission, proceeded to draw the positioning of the candidates in the ballot papers. Sorteio realizado pela CNE José Mário Vaz «JOMAV», candidato Presidencial do Partido Africano para a Independência da Guiné e Cabo Verde (PAIGC), figura na quarta posição dos boletins de voto, segundo o resultado do sorteio realizado esta quarta‐feira, 19 de Março, em Bissau, pela Comissão Nacional de Eleições (CNE). Neste sorteio o candidato suportado pelo Partido dos Trabalhadores (PT), Aregado Mantenque Te, ficou na primeira posição e Abel Incada, candidato do Partido da Renovação Social (PRS) figura na segunda posição dos boletins de voto. O candidato independente Paulo Gomes adquiriu o terceiro lugar, e Ibrima Sory Djalo, apoiado pelo Partido da Reconciliação Nacional (PRN), fica a ocupar a quinta posição nos impressos. O antigo líder do Parlamento guineense, Jorge Malu, que concorre à Presidência como independente, ficará situado na sexta posição, seguido de Afonso Te, do Partido Republicano da Independência para o Desenvolvimento (PRID), em sétimo lugar. O candidato independente Nuno Gomes Na Bian ocupará o oitavo lugar dos boletins de voto, seguido de Hélder Vaz, da Resistência Guiné‐Bissau/ Movimento Bafa‐ta (RGB), que fica em nono lugar. Iaia Djalo, líder e candidato pelo Partido da Nova Democracia (PND) ficou em décimo lugar. O advogado Domingos Quadé, candidato independente, adquiriu a 11.ª posição no sorteio, seguido de Cirilo de Oliveira, com o apoio do Partido Socialista da Guiné‐Bissau (PS‐GB), que ficou colocado na 12.ª posição. Em último lugar no boletim de voto, 13.º, ficará o Professor Luís Nancassa, também candidato independente. 10
rd
Article 10.2 of the Law 3/98 of the 23 of April
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(...) Ao todo são 13 os candidatos admitidos pelo Supremo Tribunal de Justiça para concorrem nas próximas eleições Gerais, marcadas para 13 de Abril, ao cargo mais alto da magistratura guineense. Em termos de eleições Legislativas, a instância máxima da justiça guineense admitiu o PAIGC ‐ Partido Africano para a Independência da Guiné e Cabo Verde, o PRS ‐ Partido da Renovação Social, o PND ‐ Partido da Nova Democracia, o PUSD ‐ Partido Unido Social Democrata, o PT ‐ Partido dos Trabalhadores, a UM ‐ União para a Mudança, o PRID ‐ Partido Republicano da Independência para o Desenvolvimento, o PCD ‐ Partido da Convergência Democrática, o MP – Manifesto do Povo, a UPG ‐ União Patriótica Guineense, o PRN ‐ Partido da Reconciliação Nacional, o PS‐GB ‐ Partido Socialista da Guiné‐Bissau, o PSD ‐ Partido Social Democrata, a DS ‐ Frente Democrática Social e a RGB ‐ Resistência Guiné‐Bissau/ Movimento Bafata. São estes os partidos que vão apresentar os respectivos candidatos aos assentos parlamentares na Assembleia Nacional Popular.
(c) PNN Portuguese News Network 2014‐03‐19 18:06:06
5.1.1 ‐ President of the Republic Election Ballot papers of the President of the Republic Election11
11
The Parliamentary and Presidential Election ballot papers (Round I) were printed, together with the minutes, in the Republic of South Africa.
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5.1.2 ‐ Deputies of the National Popular Assembly Election Ballot papers of the President of the Republic Election12 Partidos Políticos e Coligações
PSGB FDS PUSD
Partido Socialista da Guiné‐Bissau Frente Democrático Social Partido Unido Social‐Democrata
UPG
União Patriótica Guineense
PRN
Partido da Reconciliação Nacional
PCD
Partido da Convergência Democrática
RGB
Resistência da Guiné‐Bissau
PSD
Partido Social Democrata
PAIGC PND MP PT PRID
Partido Africano da Independência da Guiné e Cabo Verde Partido da Nova Democracia Manifesto do Povo Partido dos Trabalhadores Partido Republicano da Independência e Desenvolvimento
12
The Parliamentary and Presidential Election ballot papers (Round I) were printed, together with the minutes, in the Republic of South Africa.
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5.1.3 ‐ Election Campaign The various international and civil society observation missions were unanimous in considering that the campaign had been conducted in a peaceful and respectful manner. The MAPE‐GB support to security forces aided the police forces to effectively ensure an orderly and peaceful environment during the campaign and throughout the remaining electoral process. The political parties produced and voluntarily agreed to respect the code of electoral conduct, which transpired confidence, maturity and respect throughout the campaign. The MAPE‐GB supported the creation of conditions to facilitate public debates of the candidates for the general elections of the 13th of April as part of the election campaign, by making a donation of 2 350 000 CFA to the Global Shapers Community NGO. The death of the former president, Kumba Yala, on the 4th of April, occurred during the campaign, thus it was declared three days of national mourning, which cut back the campaign period of 21 to 18 days. Missão Timorense apoia debate entre candidatos às eleições. Esta sexta‐feira, o Chefe da Missão de Apoio ao Processo Eleitoral na Guiné Bissau, Tomás Cabral, procedeu à doação de verbas destinadas a facilitar debates públicos dos candidatos às Eleições Gerais de 13 de Abril. No valor de 2 milhões e 350 Francos CFA, a verba foi entregue à Global Shapers Community, uma Organização Não Governamental, implantada na Guiné‐Bissau, e representada por Bianca Voss. Estes debates públicos são essenciais, para o esclarecimento das propostas e dos programas dos partidos políticos que concorrem às eleições parlamentares , e dos candidatos à Presidencia da República. LN/MAPE TL‐GB, texto ALFIM ACHMAD, foto 2014‐04‐04
Capital acolheu os candidatos Fim da campanha eleitoral
Tomás Cabral, Head of Mission, beside Bianca Voss, from Global Shappers
Com a duração de apenas 18 dias, devido a observância de três dias de luto após a morte do ex‐Presidente da República Kumba Yala, a campanha eleitoral terminou no país sem qualquer incidente a registar. Num total de 15 formações políticas validadas pelo Supremo Tribunal de Justiça para este pleito 13 candidatos, entre os independentes e outros apoiados por algumas formações políticas, estiveram empenhados nas andanças de caças aos votos em todo o território nacional. O último dia desta campanha ficou marcado com comícios em Bissau dos partido com maior representatividades política na Guiné‐Bissau,tais como Partido Africano da Independência da Guiné e Cabo Verde (PAIGC), Partido da Renovação Social (PRS), Partido República para a Independência e Desenvolvimento (PRID), assim como do candidato independente a estas eleições, Nuno Nabiam. A PNN esteve em várias localidades onde registou a chegada a Bissau destes partidos bem como também nos locais onde promoveram os seus últimos comícios. O PRS escolheu o seu lugar tradicional, sito na “Lala Quema” em Bissau onde o seu candidato Abel Incada fez mais uma vez apelo ao voto no seu partido assim como à sua própria candidatura. O PRID, liderado por Afonso Te, optou pelo largo da Câmara Municipal de Bissau, a poucos metros da sede do PAIGC, onde Te pediu igualmente votos de eleitores nestas eleições. O líder do PAIGC, Domingos Simões Pereira, e o seu candidato presidencial terminaram a campanha com um comício em frente à sua sede na Praça dos Heróis Nacionais, onde o líder do partido advertiu sobre a tentativa para dividir a comunidade internacional em relação aos problemas da Guiné‐Bissau por parte de algumas pessoas como forma de poderem reinar. Nuno Nabiam, que ainda se ressente com o desaparecimento do seu carismático apoiante, Kumba Yala, escolheu para fecho da campanha a Avenida Amílcar Cabral perto da sede do PAIGC.
(c) PNN Portuguese News Network, 2014‐04‐12 20:59:34
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5.1.4 ‐ Early Voting According to the Electoral Law for the President of the National Popular Assembly, Article 52 and Article 53 of the Law 3/98 of the 23rd of April, the military, security, maritime and aeronautical officers in service can exercise their right to vote in advance. The early voting took place on the 10th of April, however due to lack of information it only took place in 5 regions of the country.
5.1.5 ‐ Voting Abroad Considering the high number of Guineans abroad and the desire expressed by those citizens that together signed up in the voter registration, in compliance with the electoral laws that allow votes of registered citizens, 19 Polling Stations in 7 countries of Europe and Africa were established, to which the MAPE‐GB offered its support and monitoring.
5.1.6 – Election Day Guineans proceeded to the ballot boxes on the 13th of April 2014, to elect a new President of the Republic and 102 Deputies of the National Popular Assembly, which has two members representing the voters abroad. The results of the legislative elections would determine the new head of government. 13 candidates participated in the presidential election and 15 political parties participated in the legislative election. The elections were summoned by a transitional government, brought to power by the military after a coup that took place immediately after the first round of presidential elections in April 2012. The general elections should have taken place a year after the beginning of the duties of the transitional government, however, there were postponed to the 24th of November 2013, then to the 16th of March 2014 and finally to the 13th of April 2014. Guineans anxiously awaited the elections in hope of returning to Page 75 of 147
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constitutional normality, to create democratic conditions for Guinea‐Bissau to get out of international isolation, to promote changes and reforms needed to ensure stability, economic development, and the discouragement of new military interference. Voting Procedure The voting process ran smoothly and without incidents, with most polling stations open at 7am as planned. The voting procedure was respected, revealing the excellent capitation work performed. "The voter´s name and the card number was read aloud, registered in a book and downloaded from the voters´ list, while candidate representatives also took note of this information in their list. The ballot boxes were in sight of the electoral officers and candidate representatives. The application of indelible ink on voters' fingers was also 13 scrupulously respected. " Vote Counts The various international observation missions positively evaluated the operations of the vote count and tabulation. The Timorese and New Zealanders observers testified: "The process was generally very transparent and all issues raised were resolved openly before all delegates and voters present. The members 14 were sensitive to the need to ensure clarity and transparency of the counting operations."
5.2 ‐ Second Round of the President of the Republic Election Guineans returned to the ballot boxes on the 18th of May 2014, to elect a new president in the second round of the general elections on the 13th of April 2014. The day of the election ran in a peacefully and orderly, with voters exercising their right to vote. The Timorese Observation Mission and other international missions rated the process positively and in accordance with international standards. There were no instances of lack of electoral materials. Electoral officers closely followed the voting procedures, and noted the professionalism and impartiality of the election administration officials, who demonstrated the integration of knowledge and quality of training provided mainly by the Timorese training team. The difficulties that occurred during the first round of tabulation were overcome, revealing a better organization. The two candidates that competed for this election had obtained the highest number of votes in the election of the 13th of April 2014, the PAIGC candidate, José Mario Vaz, and the independent candidate, Nuno Gomes Nabiam. The voters participating in this election were 78.21% (606 536) and those abstaining were 21.79% (168,972). Suffrage resulted with candidate José Mario Vaz, as the winner with 364,394 votes (61.92%) and with candidate, Nuno Gomes Nabiam, receiving a total of 224,089 votes (38.08%). Hence, in this suffrage the candidate José Mário Vaz, was elected by the Guinean people, for the position of President of the Republic of Guinea‐Bissau. Present to exercise the right to vote in these elections were 606 536 out of 775 508 registered voters, which corresponds to a participation rate of 21.79%, amounting to an abstention of 21.79% (168,972 voters). The MAPE‐GB teams closely followed the course of the election day, providing the necessary support so that it ran smoothly. In order to do this, monitoring teams were created to accompany and supervise the work of the Regional Election Commission (CRE) and electoral officers throughout the various regions of the country.
13 14
Joint Observation Mission of Timor-Leste and New Zealand Report Ibidem.
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5.2.1 ‐ Election Campaign (Round II) The Election Campaign ran from the 2nd to the 16th of May, without any incidents that could affect the safety of the electoral process.
5.2.2 – Ballot (Round II)
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5.3 ‐ Election Results 5.3.1 – Final Results of the First Round of the President of the Republic Election
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5.3.2 ‐ Final Results of the Second Round of the President of the Republic Election (18th of May)
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5.3.3 ‐ Final Results of the Deputies of the National Popular Assembly Election
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Of the 15 political parties competing in the election of deputies of the National Popular Assembly, only 5 had candidates that were elected members, the African Party for the Independence of Guinea and Cape Verde (PAIGC) obtained 57 seats, giving it a parliamentary majority. The Party for Social Renewal (PRS) emerges as the second party to have the largest number of deputies for the National Popular Assembly with 41 seats. The PCD elected two deputies for the assembly and the New Democracy Party (PND) and the Union for Change (UM) had each one (1) deputy respectively.
Initially scheduled for the 13th of June, as stated by law, the inauguration ceremony of the National Popular Assembly (ANP) members was postponed to the 17th of June, by agreement between Parliament and the winning party of the parliamentary elections (PAIGC). For this purpose the Government of Timor‐ Leste, on the 9th of June, delivered to the Transitional Prime Minister of Guinea‐Bissau, Rui Barros, 18 000 euros to prepare the inauguration ceremonies of the President, scheduled for the 23rd of June, and the new Government, with about 7 000 euros used in the inauguration ceremony of José Mario Vaz, and 11 000 euros for the inauguration ceremony of the new Government of Guinea‐Bissau.
PM timorense apela à aceitação dos resultados eleitorais na Guiné‐Bissau O Primeiro‐ministro de Timor‐Leste, Xanana Gusmão, apelou hoje (quarta‐feira) a todos os cidadãos da Guiné‐Bissau para aceitarem os resultados da segunda volta das eleições presidenciais realizadas no domingo naquele país africano. "As eleições são eleições e espero que todos respeitem os resultados", afirmou Xanana Gusmão, em declarações à Agência Lusa, no aeroporto internacional Nicolau Lobato, em Díli, momentos antes de iniciar uma visita de trabalho a vários países, incluindo à Guiné‐ Bissau. O Primeiro‐ministro timorense afirmou estar "confiante" e disse que antes do escrutínio falou pessoalmente com o chefe das Forças Armadas guineense, general Indjai. "Eu falei pessoalmente com o general Indjai, que assumiu o compromisso de as Forças Armadas respeitarem os resultados", disse, acrescentando que também pediu à sociedade civil para continuar a influenciar a restauração da ordem constitucional no país. (…)” Portalangop.co.ao 21 de Maio 2014
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5.3.4 ‐ Evolution of Electoral Participation Rate A análise do gráfico da taxa de participação das eleições Presidenciais e Legislativas na Guiné‐ Bissau, permitem‐nos identificar uma clara recuperação do nível de participação dos eleitores nas eleições de 2014. A eleição dos deputados à Assembleia Nacional Popular do dia 13 de Maio de 2014, é a que no quadro das eleições realizadas obtém a maior taxa de participação com expressivos 88,57%. Pretendendo ter dado um contributo positivo para estes resultados se orgulha a MAPE‐GB.
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5.4 ‐ Election Observation 5.4.1 ‐ Timorese and New Zealander Election Observation Joint Mission Observation of the first round the President of the Republic and Deputies of the National Popular Assembly Election Duration of Mission: 7th to 16th of April 15
In a letter dated 21st of November 2013, the President of the National Election Commission, Advisor Judge Augusto Mendes, referring to the 16th of March 2014 as the date for presidential and legislative elections, directs to the Representative of the Timorese Mission to Support the Electoral Process of Guinea‐Bissau, Tomás do Rosário Cabral, an invitation for the election officials and Timor‐ Leste´s government to participate in the International Observation. Having changed the date of the presidential and legislative elections on the 13th of April 2014, the National Election 16 Commission, in a letter dated 6th of March, invited the Parliament of Timor‐Leste via the leaders of political groups and heads of Specialized committees, to participate in the international observation of elections, sending also an invitation to H.E. the Secretary of State for Parliamentary Affairs, Dr Terezinha Viegas, to participate in the referred international 17 observation . In a reply by letter to the President of the National Election Commission, dated 14th of March 2014, and a dispatch to H.E. the Transitional Prime Minister of Guinea‐ Bissau, H.E. the Secretary of State for Administrative Decentralization, gives notice of the composition of the National Parliament of Timor‐Leste delegation, and informs that the Mission will remain in Guinea‐Bissau for a period of 11 days between the 7th and 17th of April. The mission is composed of 15 members, led by H.E. the Vice‐President of the National Parliament, Dr. Hugo Adérito. Accompanying the Mission were H.E. the Secretary of State for Parliamentary Affairs, Dr. Terezinha Viegas, advisor, Anildo da Cruz, Parliament officer, Maria Gonzaga Vidigal, and the medical doctor, Dr. Máximo Vega. Given the fact that Timor‐Leste and New Zealand are both members of PIANZEA (The Pacific Islands, Australia and New Zealand Electoral Administrators Network) and the Pacific Forum, the New Zealand Embassy in Timor‐Leste expressed interest in being able to participate in the process of election observation in Guinea‐Bissau without having the same diplomatic representation, by order of His Excellency the Prime Minister of Timor‐Leste, 2 New Zealanders observers integrated the composition of the mission, leaving Timor‐Leste in charge of organizing the relevant process and framework. Composition of the Timorese Observation Mission Adérito Hugo da Costa Domingas Alves da Silva (Bilou Mali) Bendita Moniz Magno
Vice‐President of the National Parliament Deputy Deputy
15
Letter (136/GP/CNE/2013) Letter (125/GP/CNE/2014) 17 Letter (126/GP/CNE/2014) 16
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Osório Florindo da Conceição Costa Deputy Angélica da Costa Deputy Lurdes Bessa Deputy Benvinda Catarina Rodrigues Deputy Arão Noé de Jesus Amaral Deputy The New Zealander component of the Observation Mission was composed of former members of the New Zealand Parliament, (Hon.) Harry Duynhoven and (Hon.) Rick Barker, assisted by Deputy Head of Mission of the New Zealand Embassy in Dili, Ms. Hannah van Voorthuysen. The Mission was covered by journalists from the Office of the Secretary of State for Social Communication, Radio Television of Timor‐Leste (RTTL), the Suara Timor‐Leste Lorosae newspaper and television, and from the Timor Post, Nacional Diário and Independente newspapers. The Mission had the logistical and organizational support of MAPE‐GB, which among other things, sent a briefing to Timorese and New Zealanders observation members and tried to create the logistics conditions (transport) and the coordination and contacts with local authorities. The Observation Mission members made work and observation visits of the process in the Regions of Bafatá, Gabu, Biombo, and the Autonomous Sector of Bissau. The Timorese Observation Mission produced a report on the findings of the electoral observation, pointing out some recommendations including a proposal to the National Parliament to pass a Vote of Thanks to the MAPE‐GB, citing all its members and giving a honourable mention to their Head of Mission. The document also includes a message from the Deputies of Timor‐Leste to the People of Guinea‐Bissau. (See annexes, pg. 136)
«Genuinamente competitivo» Missão de Observação de Timor‐Leste e Nova Zelândia congratula processo eleitoral A Missão de Observação Eleitoral de Timor‐Leste e da Nova Zelândia congratularam o processo eleitoral guineense, cujo acto de votação teve lugar no passado Domingo, 13 de Abril, na Guiné‐Bissau. Numa declaração de apreciação geral e parcial sobre este processo, que decorreu a 15 de Abril, em Bissau, Adérito Hugo da Costa, vice‐Presidente do Parlamento Nacional de Timor‐Leste e Chefe desta missão, sublinhou que saudou povo guineense e as autoridades de transição pelas eleições de 13 de Abril. «As eleições foram genuinamente competitivas, tendo sido assegurada a liberdade de expressão e reuniões durante a fase final acompanhada pela nossa missão», disse Adérito Hugo da Costa. Neste sentido, o responsável informou que as eleições decorreram num amplo respeito pelos procedimentos apreciáveis, pelo que o acto foi credível. O vice‐ Presidente do Parlamento Nacional timorense justificou que foram observados procedimentos legais adoptados em qualquer processo eleitoral. O responsável finalizou mostrando‐se confiante de que a classe política guineense vai saber interpretar a oportunidade que a Guiné‐Bissau retirou destas eleições. O encontro serviu ainda para a missão conjunta de Timor‐Leste e Nova Zelândia endereçar uma mensagem à classe política nacional no sentido de conservar a paz e a unidade nacional. (c) PNN Portuguese News Network 2014‐04‐16 11:42:59
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After monitoring the process and electoral observation, the Observation Mission of Timor‐Leste and New Zealand, publicly presented on the 15th of April, a declaration of appreciation congratulating the Guinean people and authorities and deeming that "The elections were genuinely competitive, with freedom of expression and meetings secured ... ". Observadores Eleitorais de Timor‐Leste já estão na Guiné‐Bissau Uma delegação do Parlamento Nacional da RDTL, liderada pelo seu Vice‐Presidente, Adérito Hugo, e pela Secretária de Estado dos Assuntos Parlamentares, Maria Teresinha Viegas, está desde hoje em Bissau, para deslocações e contactos com a Missão de Apoio ao Processo Eleitoral RDTL‐GB, com as autoridades locais, UNIOGBIS e outros responsáveis. Esta delegação inclui ainda seis deputados da Nova Zelândia. Os observadores vão também avistar‐se com o Presidente da República da Guine‐Bissau e com o Primeiro‐Ministro do Governo transitório, com o Representante Especial do Secretário Geral das Nações Unidas e ex‐ Presidente da República de Timor‐Leste, José‐Ramos Horta. A visita coincide com a última semana da campanha para as Eleições Gerais, do próximo domingo, dia 13, e os observadores deverão apresentar, dois dias depois, os resultados provisórios da Observação Eleitoral. Neste primeiro dia da deslocação oficial, os observadores mantêm reuniões de trabalho com o Secretário de Estado da Descentralização Administrativa da RDTL e Chefe da Missão de Apoio ao Processo Eleitoral, Tomás do Rosário Cabral. LN/MAPE TL‐GB, 2014‐04‐07 Missão Timorense explica processo a observadores eleitorais Técnicos eleitorais e formadores da Missão Timorense de Apoio ao Processo Eleitoral na Guiné‐Bissau, realizaram esta segunda‐feira uma sessão de apresentação dos mecanismos e dispositivos colocados à disposição da Comissão Nacional de Eleições e GTAPE‐Gabinete Técnico de Apoio, com vista à realização das Eleições Gerais de dia 13 de Abril. Redes de comunicações de dados, como a internet, e também outros aspectos relacionados com a formação prestada por pessoal especializado timorense, foram alguns dos tópicos desta sessão que decorreu nas instalações da Missão de Apoio ao Processo Eleitoral e que contou com a presença de 22 observadores do Parlamento Nacional de Timor‐Leste e seis observadores da Nova Zelândia. Esta delegação de observadores vai acompanhar o processo eleitoral, até as Eleições Gerais do dia 13 de Abril e dois dias depois, deverá apresentar um relatório provisório. LN/MAPE, 2014‐04‐07 Guiné e Nova Zelândia elogiam papel de Timor‐Leste no processo eleitoral O Primeiro‐Ministro do Governo de Transição da Guiné‐ Bissau, agradeceu ao Governo de Timor‐Leste o apoio que tem estado a prestar desde Novembro último, nas operações necessárias á realização das Eleições Gerais do próximo dia 13. Rui Duarte Barros, falava numa cerimónia de boas‐vindas aos Observadores timorenses e neozelandeses, ladeado pelo Secretário de Estado da Descentralização Administrativa e Chefe da Missão de Apoio ao Processo Eleitoral, Tomás Cabral. Para o Chefe do Executivo de Bissau, esta relação especial com a Timor‐Leste “é positiva” e destacou o facto de Timor‐Leste assumir em Junho, a Presidencia da CPLP‐ Comunidade dos Países de Língua Portuguesa, como uma “possibilidade de viragem” no actual contexto de penetração da própria Comunidade na região da África Ocidental. “Se tivermos força, podemos ter acesso a novos mercados”, destacou ainda Rui Duarte Barros. O Primeiro‐Ministro guineense enfatizou ainda importância da língua portuguesa nesta região, onde o francês se “está a implementar na própria Guiné‐Bissau, enquanto 70% da população “ não fala português, havendo mesmo “o risco, dentro de alguns anos, desaparecer”. Nesse sentido, considerou que a Guiné‐ Bissau pode e deve ser uma “porta de entrada” da CPLP na África Ocidental. Na sua intervenção, por seu lado, o Chefe da Missão Timorense de Apoio ao Processo Eleitoral na Guiné Bissau, Tomás Cabral, fez um resumo do que tem sido o apoio técnico à organização das Eleições Gerais. O Secretário de Estado da Modernização Administrativa da RDTL, lembrou que foram recenseados mais 300 mil eleitores guineenses, do que no último recenseamento de 2008, “ havendo uma estimativa de cerca de 800 mil eleitores “ já recenseados. Nesta cerimónia que marca o arranque da visita de 22 observadores eleitorais timorenses e seis neozelandeses, que vai prolongar‐se por mais de uma semana na Guiné‐ Bissau, a deputada do Parlamento Nacional, Lurdes Bessa, referiu que “a cooperação de Timor‐Leste com a Guiné Bissau, irá muito alem das eleições” de 13 de Abril. Pela delegação da Nova Zelândia, interveio Harry Duynhoven, antigo presidente de Camara e especialista em administração. Para este observador eleitoral, “ a Nova Zelândia está reconhecida pelo trabalho que Timor‐Leste está a realizar, um pequeno país, a ajudar outro pequeno país”, como a Guiné‐Bissau. Neste primeiro dia de visita de trabalho à Guiné‐Bissau, os observadores estão a receber informação detalhada sobre o decurso das operações levadas a cabo pela Missão Timorense, incluindo, dispositivos informáticos e outros capazes de assegurar a eficácia, quer do recenseamento, quer das diferentes fases do processo técnico eleitoral, como é o caso do escrutínio do acto eleitoral. LN/MAPE TL‐GB, 2014‐04‐07 Pela primeira vez Nova Zelândia envia observadores para eleições gerais na Guiné‐Bissau Pela primeira vez na história das eleições na Guiné‐Bissau, a República da Nova Zelândia vai enviar os seus observadores para as eleições Gerais de 13 de Abril. A notícia foi avançada à PNN esta quarta‐feira, 2 de Abril, por uma fonte da Comissão Nacional de Eleições (CNE). De acordo com a fonte, o interesse da Nova Zelândia era colocar dez observadores no terreno, tendo‐se concretizado apenas três elementos. No que respeita a Timor‐Leste, outro país da Ásia e o mais recente parceiro da Guiné‐Bissau nestas eleições, vai participar no processo de observação com 22 elementos. A Comunidade dos Países de Língua Portuguesa (CPLP) envia dez elementos, o Parlamento Europeu participa também com dez membros e a União Europeia com 56 observadores, sendo 24 de curta duração. A União Africana vai enviar para a Guiné‐Bissau 54 observadores e a Comunidade de Estados da África Ocidental (CEDEAO) envia 200 observadores, enquanto apoiante do regime de golpe militar na Guiné‐Bissau há dois anos. Neste quadro ainda, a francofonia disponibiliza 15 observadores eleitorais à Guiné‐Bissau, que contará ainda com os observadores dos EUA e do Parlamento Britânico. Chegam ao país os boletins de voto esta quinta‐feira, 3 de Abril, provenientes da República da África do Sul, ficando Portugal de fora, o tradicional parceiro na confecção do material para as eleições guineenses. Já para 5 de Abril a CNE agendou a distribuição destes boletins pelas Comissões Regionais de Eleições. O processo vai contar, pela primeira vez, com a participação de magistrados guineenses no trabalho de apuramento dos resultados, depois do fecho das urnas. (c) PNN Portuguese News Network, 2014‐04‐02 17:47:27
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5.4.2. – Election Observation Mission of the National Parliament of Timor‐Leste Observation of the second round of the President of the Republic Election Duration of the Mission: 15th to the 19th of May Composition of the Timorese Observation Mission abroad Adérito Hugo da Costa Vice‐President of the National Parliament Pedro dos Mártires da Costa Deputy Olinda Morais Deputy Benvinda Catarina Rodrigues Deputy Antoninho Bianco Deputy Francisco da Costa Deputy The Secretary of State for Parliamentary Affairs, Terezinha Viegas, accompanied the Mission representing the Government of Timor‐Leste. The Mission was assisted by advisor, Anildo da Cruz, and by the officer of the National Parliament, Efigénia Maia Alves Almeida. This second Observation Mission was able to count on Timor‐Leste for media coverage and the organizational and logistics support from MAPE‐GB II. During the second round of the President of the Republic Election, the Timorese Observation Mission produced a final report that included some recommendations and a “Declaration of Conclusions”. (See Annexes, Pg. 134)
The Observation Mission with H.E. the State Secretary for Administrative Decentralization.
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5.4.3 ‐ Other international election observation missions As well as the Observation Mission of Timor‐Leste, the Observation Missions of the African Union, European Union, European Parliament, British Parliament, Community of Portuguese Speaking Countries, United West Africa Community, International Organization of the Francophone, Economic and Monetary Union of West Africa and a Delegation of the United States of America, also participated in the election observation process. The elections on the 13th of May involved a total of 612 international observers, this number decreased to two hundred in the Presidential election (Round II) on the 18th of May 2014. Atmosfera de calma e livre de tensões» Missões de Observação declaram eleições pacíficas, livres e transparentes As diferentes Missões de Observação Eleitoral do processo que teve lugar este Domingo, 13 de Abril, na Guiné‐Bissau, consideraram as eleições Gerais como livres, justas e transparentes. Nas primeiras declarações após o acto, as Missões de Observação Eleitoral da União Africana (UA), da União Europeia (UE), do Parlamento Europeu, da Comunidade dos Países de Língua Portuguesa (CPLP) e da Comunidade de Estados da Africa Ocidental (CEDEAO), declararam justas, livres e transparentes estas eleições. Durante o encontro com os jornalistas, o Chefe da Missão de Observação Eleitoral da UA, Joaquim Chissano, felicitou o povo guineense pela forma calma, ordeira e pelo entusiasmo dos eleitores na escolha dos seus deputados para a Assembleia Nacional Popular, bem como do novo Presidente da República. Para Krzysztof Lisek, Chefe de Missão da UE, as eleições guineenses decorreram de forma pacífica e ordeira com um número elevado de eleitores a exerceram livremente os seus direitos de voto, sem incidentes registados durante a fase final da campanha eleitoral que antecedeu os escrutínios. «A nossa missão observou o processo de votação e a contagem de votos, bem organizados, numa atmosfera de calma e livre de tensões», disse Krzysztof Lisek. A mesma observação positiva foi feita por Fiona Hall, Chefe da delegação do Parlamento Europeu às eleições Gerais da Guiné‐Bissau, que considerou ordeira, justa e transparente a forma como os guineenses afluíram às urnas para a escolha dos seus novos dirigentes. No que respeita à CPLP, Leonardo Simão, Chefe de Missão do grupo lusófono, disse que a sua equipa constatou um clima de serenidade e de civismo da população da Guiné‐Bissau e registou uma participação massiva da juventude e das mulheres em todo este processo eleitoral. «Foi notória uma boa organização dos meios técnicos e humanos adequados, e verificámos zelo e profissionalismo por parte dos agentes envolvidos no processo», relatou Leonardo Simão. A terminar, o responsável da CPLP declarou que a eleição guineense respeitou, na sua generalidade, os princípios e procedimentos internacionais, o que permite concluir que foram livres, credíveis e transparentes. Relativamente à CEDEAO, o Presidente da Comissão do bloco sub‐regional, Desire Kadre Ouadregou, destacou a importância do acto para a retoma da normalidade constitucional na Guiné‐Bissau, considerando também livres, justas e transparentes as eleições de 13 de Abril. O encontro da missão da CEDEAO com os jornalistas foi falado em língua francesa e Inglesa. O processo de votação das eleições Gerais da Guiné‐Bissau contou com a presença de 612 observadores internacionais. (c) PNN Portuguese News Network 2014‐04‐15 11:59:42
5.4.4 ‐ Civil society in the election observation process During the Presidential (Round I) and Parliamentary elections on the 13th of April, civil society was particularly active watching the election on 680 monitors and conducted several voter education sessions. Various groups of women had monitor training to follow the elections. The National Civil Society Movement for Peace and Development, which is composed of 48 NGOs, religious‐based union organizations, more than 290 collaborators monitoring the elections process and the initiative of the Group of Civil Society Organizations for Elections, implemented a monitoring process with about 400 members in the country gathering information data that was sent to an Operations Centre in Bissau that treats and disseminates this information.18 In the absence of a legal framework that permits domestic observation, civil society groups had to follow the process in the vicinity of polling stations.
18
Online information is available in www.bissauvote.com
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In the Presidential election (Round II) the civil society participated once more in the electoral process and distributed throughout the country a large number of monitors, demonstrating the need of regulated domestic observation, as mentioned in the attached recommendations.
6. OFFICIAL VISIT OF HIS EXCELLENCY THE PRIME MINISTER OF RDTL, KAY RALA XANANA GUSMÃO AND CLOSURE OF THE MISSION. Major General Lere Anan Timor and General Commander of PNTL (National Police of Timor‐Leste) arrived on the 5th of June, before the arrival of H.E. the Prime Minister ´s visit to Guinea.
Reception of Gentlemen Major General Lere and the General Commander of PNTL ‐ Commissioner Longuinhos Monteiro at the Osvaldo Vieira Airport.
Also visiting Bissau on the 6th of June, the Hon. Mari Alkatiri, Representative of the Government of the Democratic Republic of Timor‐Leste for the Mission to Support the Electoral Process of Guinea‐Bissau, appointed by the President of Timor‐Leste, Taur Matan Ruak. The objective of this delegation visit from Timor‐Leste was to accompany the Prime Minister Kay Rala Xanana Gusmão during his official visit to the closure of the Mission to Support the Electoral Process of Guinea‐Bissau. Page 93 of 147
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The Special Representative of Timor‐Leste´s Mission to Guinea‐Bissau arrival at the Osvaldo Vieira Airport
Tomás do Rosário Cabral, Head of MAPE‐GB, welcomes the Special Envoy from Timor‐Leste to Guinea‐Bissau at the Osvaldo Vieira International Airport in Guinea‐Bissau.
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On the 6th of June, H.E. the Prime Minister of RDTL Kay Rala Xanana Gusmão arrived in Bissau to attend the official closure of the Mission to Support the Electoral Process of Guinea‐Bissau and to reinforce the support to Guinean leaders. Arrival at the Osvaldo Vieira Airport in Bissau, of H.E. the Prime Minister, Kay Rala Xanana Gusmão, accompanied by the Head of MAPE‐GB, Tomás do Rosário Cabral, and the Transitional Prime Minister of the Guinea‐Bissau, Rui Duarte Barros and other members of the reception committee. The Prime Minister of Timor‐Leste made courtesy visits to the Transitional President Aladjé Manuel Serifo Nhamajo, the Elected President José Mario Vaz, Vice President, Parliamentary Groups, Prime Minister, other members of the Transitional Government, and the Prime Minister‐designate, Mr. Domingos Simões Pereira. Meeting of H.E. Prime Minister of RDTL with the Transitional President of the Guinea‐Bissau.
The Special Representative of Timor‐Leste for the Mission to Support, Dr. Mari Alkatiri the head of MAPE‐GB, Tomás do Rosário Cabral, join the reception committee.
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Delegation of Timor‐Leste receives the Prime Minister‐designate of Guinea‐Bissau, Mr Domingos Simões Pereira in ACTL. Former Prime Minister Dr. Mari Alkatiri, Prime Minister Kay Rala Xanana Gusmão, Major General Lere Anan, PNTL General Commander ‐ Commissioner Longuinhos Monteiro, together with the Representative of the Mission to Support the Electoral Process in Guinea‐Bissau, Tomás do Rosário Cabral, held a business meeting with the Prime Minister‐designate, Eng. Domingos Simões Pereira in the premises of ACTL (Agency for the Cooperation of Timor‐Leste) in Bissau.
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Meeting with the Transitional Prime Minister of Guinea‐Bissau and interview with journalists. During his visit to Bissau, the Head of Government also met with the State Security Services, Military Leaders, members of political parties, civil society organizations, religious leaders, media and youth.
Meeting with H.E. the Reverend Bishop of Bissau.
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6.1 ‐ Delivery of Database to the Transitional Government of Guinea‐Bissau. On the 9th of June, the Delegation of Timor‐Leste took part in the Ceremony of Delivery of Database from the Mission of Timor‐Leste to the Transitional Government of Guinea‐Bissau. The Former Prime Minister, Dr. Mari Alkatiri, Major General, Lere Anan Timor, representing the State of Timor‐Leste at the request of PM Kay Rala Xanana Gusmão, together with the Representative of the Mission to Support the Electoral Process in Guinea‐Bissau ‐ Secretary of State for Administrative Decentralization, Tomás do Rosário Cabral, participated in the delivery of database ceremony, to the competent body of the Government of Guinea‐Bissau, in the Government Palace in Bissau.
The Head of Mission to Support the Electoral Process of Guinea‐Bissau, Tomás do Rosário Cabral and H.E. the Minister of Territorial Administration and Local Government, Batista Té, sign the Terms of Delivery of Database.
Present in the ceremony, H.E. the Transitional Prime Minister of Guinea‐Bissau, Rui Duarte Barros, receives from the Head of Mission the Terms of Delivery of Database.
The Special Representative of Timor‐Lest, Dr. Mari Alkatiri and Major General, Lere Anan Timor, represent the State of Timor‐Leste in this ceremony.
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6.2 ‐ Composition of MAPE‐BG´s final team and the technical team that drafted the legal analysis and final report.
From the 12th of May until the closure of the Mission, a technical team travelled to Guinea‐Bissau to analyse of the legal framework of Guinea‐Bissau (Chapter 7), and collect elements for the elaboration of the final public report, creating this book titled "Timor‐Leste´s support to the return of constitutional order of the Republic of Guinea‐Bissau." This team provided the monitoring and support needed to MAPE‐GB during the Round II of the Presidential Election of the 18th of May 2014. They covered the events of this period, with particular emphasis on the work of the Electoral Observation Mission of the National Parliament of Timor‐Leste, which was accompanied by the Secretary of State for Parliamentary Affairs of RDTL and a team of media professionals who covered the elections (electoral campaign, polling day and the counting process, tabulation and announcement of the results), and the activities undertaken by MAPE‐GB. The team also maintained and updated the information disseminated by MAPE‐GB. The technical team was composed of the following members: o Nuno Machado Reis o Rui Manuel Sá Pinto Correia o Iris Sofia Cabral da Câmara (Belmonte) o Odete Maria Belo Composition of the final team of MAPE‐GB In the final period, the composition of the Mission to Support the Electoral Process of Guinea‐Bissau was reduced to 8 members, who were responsible for monitoring and supporting the electoral process for Round II of the Presidential Election, supporting the Timorese Observation Mission in terms of delivering database and other materials and equipment to the Government of Guinea‐Bissau and ACT‐L, and supporting the official visit of His Excellency the Prime Minister of RDTL and closure of the Mission. The Mission officially ended their duties on the 9th of June. Tomás do Rosário Cabral Head of Mission (Member of the V Constitutional Government of RDTL) Elviro Fernandes Moniz Head Deputy of Operations José António Alves Aid to Head of Mission Vicente de Sousa Finance Officer of the Mission´s Support Office Marcos Tilman Logistics Officer Túlia Onorina de Andrade Database Officer Bernardo Cardoso Training Officer Ilísio dos Santos Head of Logistics
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6.3 ‐ Cooperation between Timor‐Leste and Guinea‐Bissau as a starting point for a new cycle of cooperation within the Community of Portuguese Language Countries (CPLP). Timor‐Leste is one of the youngest nations, having regained its independence on the 20th of May 2002. The independence recovery came after a battle process through self‐determination, which lasted about 24 years, and the referendum of the 30th of August 1999, when 78.5 % of Timorese declared to aspire to recover their status as a sovereign State. In its short journey as a free nation in an international setting, Timor‐Leste created the conditions for the foundation of a democratic State, after carrying out various electoral processes, namely: the election of the Constituent Assembly, elections to the Parliament and the President of the Republic in 2012. This it is referred to as an example of success and good practice, with various elections recognized by the international community and election observation missions in accordance with international standards. The experience gained allowed to create a foundation of technical excellence and conditions which gave an added value to consider when trading with other international partners. As the first Lusofono country to declare its independence, on the hills of Boe (Unilateral Declaration of September 24, 1973), Guinea‐Bissau has faced, throughout its history, consecutive coups and military strikes that drove this country to a situation of instability and constitutional and democratic disorder, placing it very fragile situation. These are therefore, the youngest and the "oldest" countries of the Community of Portuguese Speaking Countries (CPLP), which reached independence after the democratic process of the 25th of April 1975 in Portugal. The ties that bind these two brotherly nations are welded by the memory of the common struggle and by the support that Guinea‐Bissau granted to Timor‐Leste in its efforts to fight for independence from Indonesia. Both belong to the common place that unites, the Portuguese language, medium of expression and affirmation, formally set in a community of countries, the Community of Portuguese Speaking Countries. Founded on trust and duty of solidarity that respects this common family, Guinea‐Bissau felt it could request the support from Timor‐Leste, as its experience achieved through running elections is recognized, so that it could carry out the 2014 general elections of Guinea‐Bissau as an answer to constitutional and democratic order. This joint effort was a success and became a reference to what is known commonly as South‐South cooperation. This particular case gave us a practical example that began from common desire, beyond the doubts made by various countries. Once regarded as a failed state, Guinea‐Bissau now appears as a country where there’s plenty to be done, yet has hope for peace and development, and can now create trust and welcome the international community. The experiences and lessons learned with the support to the electoral process in Guinea‐Bissau, allow us to consider that within the CPLP exists, as already been demonstrated, the capacity for action and solidarity cooperation in key areas for the sovereignty of our states, such as the area of defense, security and justice. This reinforces the bond of our community and reduces the chance of interference from other states in these areas, generating trust and synergy needed to increase economic exchanges between the our States and projecting our community as an important player in international affairs. In addition to the direct and immediate effects and results that the Mission to Support the Electoral Process in Guinea‐Bissau reached, the seed sown within the CPLP through our cooperation with Guinea‐ Bissau reinforced its solidity in an increasingly globalized world. Because this is the spirit that motivates our leaders and our teams of experts, that are dedicated to the cause of building the lusofono community and the economic and social development of our societies.
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The CPLP can therefore seize this opportunity and example of Timor‐Leste to define a new cooperative strategy for development and the solidity of their sectors of defense, security and justice, opening a new and important chapter in its history.
7. ANALYSIS OF ELECTION LEGAL FRAMEWORK OF THE REPUBLIC OF GUINEA‐ BISSAU 1. Supervised: In October 2013, the Government of the Republic of Guinea‐Bissau requested to the Government of the Democratic Republic of Timor‐Leste (RDTL) the necessary support to the organization and implementation of a voter registration process in Guinea‐Bissau that would serve as the basis for conducting free and fair elections in this country, making it return to the path of democratic normalcy and constitutional legality. Recognizing the historical bounds that link the peoples of Guinea‐Bissau and East Timor, built over more than twenty years of support to our fight for the restoration of our sovereignty, the 5th Constitutional Government decided to create the Mission to Support the Electoral Process of Guinea‐Bissau (MAPE‐GB), led by Secretary of State for Administrative Decentralization which, until September 2012, was the Director‐General for the Timorese Technical Secretariat of Electoral Administration. Realizing the high responsibilities and the enormous challenges that MAPE‐GB would face to achieve his mandate, RDTL’s Government mobilized all the necessary financial and material resources, as well as his electoral experts to assess Guiné‐Bissau’s to organize and implement a voter’s registration process and held free and fair elections. Over several months, Timorese electoral experts worked side by side with Guineans electoral officials in order to design and implement voter registration plan in the Republic of Guinea‐Bissau. The efforts, dedication and commitment placed in all the work that was done, as well as the accuracy printed by our teams during the build of the database for the voter registration, was well recognized by the international community and by the Guinean People who massively joined the process, allowing the registration of 95% of Guineans citizens that under the electoral law have voting rights. Motivated by the good understanding between teams of East Timor and Guinea‐Bissau, as well as the encouraging results achieved we heard, the Government of the Democratic Republic of Timor‐Leste decided to extend the mandate of the Mission to Support the Electoral Process in Guinea‐Bissau, undertaking to pay the electoral administration bodies the support they needed to ensure the holding of free and fair elections in this country The partnership between the Timorese and Guineans teams was crowned with success, and it was possible to hold free, fair and peaceful elections on April the 13 and May the 18 of 2014 for the election of the new members of the National People’s Assembly and the President of the Republic. The high turnout of voters (89% on April 13, 2014 and 78.21% on May 18, 2014) shows unequivocally the trust that they have in the democratic system of the country and the credibility of the electoral process. The Republic of Guinea‐Bissau is now stronger and better prepared to face the enormous development challenges ahead. It is our deepest believe that by treading the path of democracy and reconciliation, the future of Guinea‐Bissau will be one of prosperity and hope and will have the support of all the Portuguese speaking countries. The work done by the our joint teams on the ground and that made possible to bring voters to the electoral process allowed us a better understanding of the Republic of Guinea‐Bissau's electoral system and a better Page 101 of 147
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understanding of their cultural specificity. Under this frame of understanding and the full respect for the sovereignty and options of the national authorities of the Republic of Guinea‐Bissau is our moral imperative to share with our Guineans brothers some of the reflections which we were able to develop around the electoral legal framework of Guinea‐Bissau and that may be of some use for future analysis that the leaders of Guinea‐Bissau may want to carry out in the near future regarding electoral matters. Today, as always, we respect the complete sovereignty of the Republic of Guinea‐Bissau and all the decisions that legitimately were taken in relation to how this country decides to organize his electoral process, however, it is our brotherly duty to contribute to the improvement of the normative set of processes that shape election of this country, which may contribute to its efficiency and credibility as well as its social harmony and national reconciliation. 2. Executive Summary The work that we now elaborate is not an assessment of the legal framework of the Republic of Guinea‐ Bissau, which was legitimate and sovereign built over the years by the People of Guinea‐Bissau, reflecting their cultural values and their conception of democracy, from an academic or theoretical perspective. The exercise that we propose to develop tries to enumerate a set of obstacles and difficulties which our teams on the ground encountered during the implementation of the registration process and the electoral process and that can be easily removed in a future revision of the legal basis of the electoral system, contributing to bring quality to the electoral system and to ease the organization and realization of elections. Through the present reflection and its recommendations, the Mission to Support the Electoral Process of Guinea‐Bissau does not intend to interfere in the internal affairs of this country, but rather provide a humble but serious contribution to improve his electoral processes, which already benefit from a strong legal support for the hold free, fair and peaceful elections. Thus, we develop our thinking around three main axes: the realization of the fundamental principles for the conduct of free and fair elections; conditions for the implementation of those principles; funding of political parties and campaign activities. 3. The fundamental principles for the conduct of free and fair elections 3.1. Identification of the fundamental principles Traditionally it is recognized that the holding of free and fair elections is based on five fundamental principles: the principle of universal suffrage, the principle of equal suffrage, the principle of freedom of suffrage, the principle of secrecy of vote, the principle of direct suffrage and finally the principle of periodic elections. 3.2 Principle of Universal Suffrage The Principle of Universal Suffrage recognizes that all human beings have the right to vote and to stand for election. However, this principle must be analyzed under three basic dimensions: the system of recognition of the right to vote and stand for elections and their exceptions, the system of voter registration and the scheme proposals. 3.2.1 Right to Elect and Be Elected The principle of universal suffrage relates with what is commonly called the electoral capacity of citizens, which we say active when regards with the right to vote to choose the Head of State, Members of Parliament and Local Government and which we say passive when regards with the right to stand for election.
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However, active electoral capacity is not absolute and may be limited upon the fulfillment of certain conditions or may even, be excluded in certain cases if this is made by legal provision. Indeed, it is recognized that the exercise of the right to vote is the most important form of exercising political power by the people and is broadly accepted that may be subject to requirements of age, citizenship, residence or mental capacity. It is generally accepted that individuals, in order to exercise their right to vote, must have maturity to understand the responsibility that lays on them when exercising their freedom of choice and it is also accepted that active electoral capacity is acquire simultaneously with the acquisition of majority age. Regarding the age for acquire passive electoral capacity, although it is recognized that it should coincide with the acquisition of active electoral capacity, honoring the old principle of electoral law which states that "whoever has the right to vote should have the right to stand for election", it is assumed that the right to stand for election can be delay until age twenty five and in certain cases (such as the election of the head of state) until later ages. It is also traditionally admitted the submission of voting rights to pre‐conditions of citizenship and residence. Indeed, the universally recognized right to vote is limited to the exercise of that right in the political communities that one belongs. It is understandable that the all human beings have the right to vote as a way to participate in the decision making process of the political community that it belongs, although in the field of local elections there is a growing tendency to recognize the right of local political participation through the exercise of the right to vote to foreigners normally resident in a particular local community. It is also admitted and considered acceptable to impose residency requirements or period of residence for recognizing the right to vote in a particular constituency. However, the imposition of a minimum period of habitual residence for the acquisition of voting rights shall not exceed six months, as it should be seen as a mechanism for the protection of national minorities and not the expulsion of citizen’s electoral process. Finally, there exists the possibility to impede the exercise of the right to vote to those who do not have the mental capacity to exercise that right or are not personally suitable for exercise that right (inmate) or to hold public office. Is emphasized, however, that such limitations must result, always, from a court judgment, supported by law and guided by criteria of proportionality. The legal electoral framework of Guinea‐Bissau provides that all citizens, regardless of gender, in the fullness of their civil and political rights, over 18 and not covered by any legal limitations, may exercise the right to vote in the election. The right to vote is recognized to all citizens residing in the national territory or residing abroad. However, citizens are only allowed to vote in the electoral constituencies where they are registered as voters. Regarding the limitations on the right to vote, the law provides that citizens that are affected by any psychological disability are prevented from voting even if they are not judicially declared as such but they were admitted to psychiatric facility or declared such by a medical board which can be constituted by two doctors. Finally, the law also prevents inmates to vote, during the time of their sentences. As for the rights to stand for election, the electoral law, reproducing the constitutional provisions on this matter, allows citizens that were born in Guinea‐Bissau, are children of Guineans also born in Guine‐Bissau, over thirty‐five years of age and are in the plenitude of their civil and political rights to be elected President of the Republic. The electoral law states the ineligibility of citizens who do not have the right to vote, the military who are on active duty on the deadline for the submission of candidacies or have been sentenced to imprisonment for premeditated crimes punishable with imprisonment with duration to three years or
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convicted to imprisonment for theft , arm robbery, embezzlement, fraud, forgery or crime committed by a public official, as well as habitual offenders who have been declared as such by a court of law. Concerning the right to stand for election for the National People’s Assembly, the electoral law provides for the eligibility of citizens with twenty‐one years of age or above. However, the election law declares the ineligibility for Parliament of the President of Republic, judges and public prosecutors, military and militarized forces that are active service, diplomats on active service, members of the National Elections Commission and in the constituencies where they perform their functions, Regional Governors, their legal substitutes and Secretaries, Sector Administrators and their Secretaries and deputies, the Mayors and Vice‐ Mayor. Finally, the electoral law determines that non‐original citizens of Guiné‐Bissau cannot stand for elections for a seat in Parliament until ten years passed since they acquire Guinean citizenship. By cross‐matching, the electoral law of the Republic of Guinea‐Bissau with the theoretical framework that we exposed above we conclude that there exists a generic correspondence between both. However, we could not fail to mention some legal provisions that concerned us specially by confronting the terms of Article 24. ⁰ of the Constitution of the Republic of Guinea‐Bissau that states that "all citizens are equal before the law, enjoy the same rights and subject to the same duties, without distinction of race, sex, social, intellectual or cultural, religious belief or philosophical belief ", with the provision contained in Article 141. ⁰, n. 2 ⁰ of the Electoral Law for the President of the Republic and the National People’s Assembly which provides that "the candidates who have acquired Guinean nationality can stand for election ten years after the acquisition of nationality." We believe that the admission of an individual to a particular political community, by granting him citizenship, requires that within this community the individual have the same rights and be subject to the same duties as all other citizens. There is no reason to justify the imposition of a waiting period of ten years from the granting of citizenship for the new citizens to exercise their right to vote. On the other hand, we can not but observe with concern the legal regime established for ineligibilities under the Articles 102. ⁰, b) and c) and 121. ⁰, b) of the Electoral Law for the President of the Republic and the National People’s Assembly that determines the inability of citizens to qualify to be candidates in the election, on grounds of imprisonment for theft, robbery, embezzlement, fraud, forgery, or crime committed by public officials, as well as habitual offenders who have been declared as such for crimes related with theft, breach of trust, embezzlement, forgery and arson. Not only because it definitely prevents entire groups of citizens from standing for elections, those legal limitations seem to violate the provisions of Article 41. ⁰, n. ⁰ 5 of the Constitution of the Republic of Guinea‐Bissau which expressly determines that “no punishment involves, as immediate effect, the loss of any civil, professional or political rights". As mentioned above, is possible for the electoral legal framework to limit the electoral rights of citizens on grounds of psychic limitations or as a result of criminal convictions for serious crimes, however, this possibility has to conform itself with criteria of necessity and proportionality. However, with all due respect, and according with legis litterae the ineligibilities resulting either from conviction for less serious crimes and the definitiveness of ineligibility due to criminal conviction also in seem incompatible with the constitutional biding provisions of the Republic of Guinea‐Bissau as with the most basic civil and political rights internationally recognized, and should be revise. Finally the organization of the law for the election of the President of the Republic and the members of the National People’s Assembly regarding the limitation of rights to stand for election should be subject to a legislative intervention towards its condensation (currently those relating to passive disqualification standards are dispersed by Article 11 . ⁰, Article 12. ⁰, 102 ⁰ Article, Article 121. ⁰ and Article 141. ⁰).
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Accordingly, with all due respect, we recommend the revision of the electoral law: a) Granting all citizens the right to vote after completing eighteen years of age; b) Granting all citizens that acquire Guinean citizenship the right to stand for election to the National People’s Assembly without having to wait ten years; c) Eliminating the situations of definitive absolute ineligibility because of criminal conviction; d) Condensing all legal provisions regarding ineligibilities. 3.2.2. The Voter Registration The Voter Registration is the legal mechanism through which is declared or certify that a citizen is entitle to vote. This legal instrument does not grant electoral rights itself, those rights emerge from the completion of a set of legal conditions and are granted ope legis, however, those rights cannot be enjoyed until the citizen that is entitled to them register as a voter, being common to submit the right to cast a vote or the admission of his candidacy to public office to the condition of previous inclusion of its name in the voter’s list. To the extent that the right to vote and stand for election are conditioned by the voter’s registration process and does have a decisive influence on the exercise of universal suffrage, since a poorly designed electoral registration will result in the inclusion of voters who are not entitle of voting rights or may exclude voters who belong to the political community and should be admitted to the exercise of voting rights or proposals. It is widely accepted by the international community that voter registration should be govern by the principles of officiousness, compulsion, permanence, uniqueness and significance. Indeed, it is broadly accepted that enrollment in voter registration should be mandatory for all citizens who have electoral capacity and should be promote by government, be unique in the entire country, serve for all elections that take place within that State and be subject to periodic updating. Voter registration must include a set of procedures that clearly and uniformly allow the government to collect the necessary data for registration of voters for electoral registration (certifying the identity of those who have the right to vote according to the law) and allow voters to access data related to their registration allowing them to make the necessary corrections. To the extent that it influences the exercise of fundamental rights (the right to vote and the right to stand for elections), all the actions of public administration in the field of voter registration should be subject to appeal before an independent judicial body ensuring the legality of all the operations of voter’s registration. Voter registration affects the effectiveness of fundamental rights, but also plays an important role by identifying the composition of every electoral constituency responsible for choosing the President of the Republic, Members of Parliament and Local Governments. In this sense, transparency is particularly is of great importance lending credibility, not only to the voter’s registration process, but also to the electoral process based on that previous voter’s registration. Therefore, all actions relating to voter’s registration must be subject to supervision by political parties’ agents and by independent observers, representing the Non Governmental Organizations. By analyzing the legal framework under which voter’s registration takes occurs in the Republic of Guinea‐ Bissau, we can confirm that the Law n. ⁰ 19/2011, of November 1 provides the necessary legal basis to organize a credible and transparent voter registration although it can be subject to improvements, especially in matters relating with its transparency, credibility and security.
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The voter’s registration law, above mentioned, proclaims on article 2⁰ the fundamental principles that rule voter’s registration, namely: officiousness, compulsion, permanence and uniqueness. Throughout the abovementioned legislation, it may be noted that enrollment in voter registration is compulsory for all citizens and is placed upon them the obligation to verify the regularity and reliability of the information contained on voter’s registration database. All public services responsible for promoting voter registration have the responsibility to promote the inclusion in the voter’s registration list of all citizens who have the right to vote. The legal regime of voter registration in force stipulates that to each voter only correspond a single entry in the electoral roll, even which should be used for all elections and referendum acts that take place in the Republic of Guinea‐Bissau. Citizens should have them entered in the electoral roll, with the Voter Registration Commission (composed of five members appointed by local government) that has jurisdiction over the area corresponding to the residence of these Sector, as well as updating their information, among January and February each year, by completing an entry registration and presentation of identity card, passport, testimony, personal ballot, newsletter of birth, birth certificate or other document containing photograph. Entries and updates entered in the electoral roll are free and may be subject to inspection by the Political Parties, through tax they have designated and accredited by the Commissions for Voter Registration, within fifteen working days prior to commencement of census operations. The fiscal policy of the voter registration operations parties have the right to request all information and obtain the corresponding clarifications regarding the ongoing census operations, as well as submit written complaints and judicial reviews of the decisions of the Commissions of Voter Registration regarding recognition of electoral capacity. The voter registration law provides for compulsory disclosure of the places, deadlines and hours on which voter’s registration operations will take place, with 30 days in advance. It is also compulsory the publication of the provisional electoral roll at the door of the buildings where the Voter Registration Commissions have worked making possible to submit complaints and appeals regarding the inclusion or exclusion of voters in the mentioned roll. The legal framework for the voter’s registration operations identifies the situations in which it does filter out the entries in the electoral roll and prohibits any changes to the voters roll within thirty days prior to any election day of any election and also set the rules that govern the processing of claims relating voter’s registration and the judicial proceedings for the review of the electoral management bodies decisions relating with voter’s registration. The Law n. ⁰ 19/2011, of November 1 also provides the legal framework for the criminal offenses related with the voter’s registration process. While acknowledging that the existing legal frame offers the necessary basis for an appropriate, transparent, credible and rigorous voter’s registration process, some aspects of the law may be subject to improvement facilitating the operational implementation of the process and the understanding that citizens have about it. Relating to the appointment of the Voter’s Registration Committee the law empowers local governments to make such appointments, however it is very important to clarify which body from Local Government has the powers to carry out this assignment. We cannot help but notice that the choice of members for those Committees seems to be discretionary, in the sense that there are no criteria to define the appropriate profile of the members of those committees, not even impeding political parties officials to be appointed as voter registration officers. The legal frame for the appointment of the Voter’s Registration Committees does not establish clear proceedings for those appointments neither includes any legal obligation for publishing the list of members of those committees or challenging those appointments. The lack of clarity or transparency regarding this process does not contribute for the credibility of the voter’s registration process or the electoral process. Article 16. ⁰ of the voter’s registration law empowers Government, in collaboration with the CNE, to conduct all the voter’s registration operations as well as for the responsibility for organizing, maintaining and Page 106 of 147
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managing the voter registration database, determining that CNE receives a copy of the computer program on voter registration. With all due respect, this rule is written in very general terms and it is very imprecise creating some controversy regarding its implementation. The legal provision should recognize that data collection carried out by the Voter’s Registration Committees will serve as the basis for the creation of the Voter’s Registration database and those actions or operations should be grounded on strong and clear legal basis. In view of the responsibilities of the Government, concerning voter’s registration, as well as his permanent nature it would seem appropriate the elimination of references to "computer system voter registration" and "computer program of voter registration" and replace them by reference to " voter registration database", legally empowering GTAPE to manage the information that it contains, under the supervision of the CNE, making sure that all electoral rolls printed for election and referendum acts come from that database. The legal frame for the voter’s registration database must enshrine access to all citizens to their one information for the purposes of correction, although subject to prior approval of GTAPE’s Director‐General. With regard to the legal deadlines for the operations of voter registration and updates, it is legally determined that they occur annually between January and February, in all national territory, and between January and March, abroad, determining that the Commissions must advertise to the public, public notices, the period for which the registration will take place for voter’s registration. However, the timetable set by law for the publication of the voter’s registration public notice 30 days in advance to his commencement seems to be incompatible with the legal provisions requiring the establishment of those Commissions twenty days before the commencement of voter registration operations. As one can easily understand, it is not possible for the Commissions to publicize the start of voter registration operations ten days before being legally appointed, so it seems appropriate to take the necessary actions to harmonize the legal provisions. Furthermore, is not well understood the meaning of the provision in Article 28. ⁰ of Voter Registration Act establishing that the National Election Commission must receive the identification elements of all citizens over eighteen years, which have been affected by one of the situations provided by law for disqualification as voters. Without prejudice to the maintenance of regulatory provisions permitting the CNE monitoring the voter registration process, it is prudent to focus on GTAPE, which coordinates all the voter registration operations nationwide, reception of all information relating with the voter’s registration and data update, since, as noted, voter registration does not generate political participation rights to citizens, it merely declares them. The voter registration law allows the complaint over acts of the voter’s registration committees, as well as the information included in the electoral roll and judicial litigation regime against decisions relating to previously overruled complaints before the "competent court”. It is highly advisable to clarify the judicial proceedings, namely by identifying clearly the courts of law with jurisdiction to hear appeals concerning voter’s registration. Accordingly, with all due respect, it is recommended: a) The establishment of a framework for the creation, organization and management of a voter’s registration database that includes all the voters registered; b) The allocation to GTAPE of the legal competencies and technical skills for the creation, organization and management of voter’s registration database; c) The assignment of the exclusive legal authority to the Director General of GTAPE to authorize access to the information contained in the voter’s registration database; Page 107 of 147
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d) Prior approval of the calendar of voter registration operations by the National Elections Commission, upon proposal of the Bureau of Technical Support to the Electoral Process; e) The establishment of a legal profile for the members of the voter’s registration committees and the provision of a system of incompatibility between those responsibilities and having responsibilities in the political parties directorates; f) The recognition of the right of complaint and litigation challenging the appointment of members of the Committees of Voter Registration; g) Provision for monitoring of enrollment operations and updating of voter registration by domestic and international observers; h) The harmonization of the timetable for the appointment of members of the Committees for voter’s registration and the timetable set for publicizing the public notice regarding the beginning of the voter’s registration and updates operations; i) The elimination of any possibility of being included in the electoral roll without obtaining proper national identification documents; k) The provision of the possibility to litigate before the Court with jurisdiction over the Sector territory where the voter’s registration committee who is the author of the appealed act; l) The publication in the Official State Gazette of the statistical results of the voter registration update by constituency, region and at the national level. 3.2.3 Submission of Candidacies The right to stand for elections is materialized through the submission of candidacies either to the Presidency of the Republic, Parliament or Local Government. It is widely accepted the possibility to subject the submission of candidacies for public office to the filling of certain legal requirements such as the endorsement of those applications for a minimum number of citizens who endorse the candidacies or by through a cash deposit, to be returned to candidates who achieve a certain minimum number of votes although both requirements must be subject to proportionality. Regarding the requirement for a minimum number of citizens to endorse candidacies so that they can be accepted, when required, the maximum number of them to do so must not exceed 1% the total number of registered voters in that constituency and the process of verifying the authenticity of the endorsements must be clear and be complete before the start of the election campaign. In the Republic of Guinea‐Bissau, candidacies to the seats in the National People's Assembly must be submitted by political parties or their coalitions before the Supreme Court, sixty days before the date set for voting to take place. Regarding the candidacies for President of the Republic, they can be submitted by political parties or be endorsed by a minimum of five thousand voters, of which 50 must be resident in at least 5 of the nine regions, before the Supreme Court, until sixty days before the date set for the election.
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The electoral law for the President and the National People’s Assembly, now in force, does not demand any deposit for the submission of applications and does not establish any procedure for verifying the authenticity of the endorsements of candidates by groups of citizens and that must be a ensured by the electoral management bodies and by the Supreme Court. Indeed, the authenticity of the endorsement signatures for the Presidency of the Republic is based on the demand those signatures are subjected authentication by a notary, not being subject to the payment of any taxes, fees or charges. The confrontation of the above exposed theoretical framework with the electoral laws of the Republic of Guinea‐Bissau, allows us to conclude that there is good correspondence between both and that the rules are clear, objective, consistent with the other legal provisions and the legal formalities for a citizen to be able to stand for election does not impose excessive burdens on citizens who wish to run for public office. As so we refrain from making any recommendation on this matter. 3.3 Principle of equality during the exercise of the right to vote The equality of voters while exercising their right to vote, must be understood as one of the fundamental pillars for having a free and fair electoral system. The equality of all members of a politically organized community during the decision making process of that community, is the heart of any true democracy. To determine the existence of true equality of rights under the electoral process is necessary to examine this principle under three key parameters: equal voting rights, the equitable distribution of voting power, equal opportunities and gender balance. 3.3.1 Equality of voting rights Equal voting rights consist in determining that, in principle, to each voter correspond one vote. There are electoral systems that recognize to certain categories of voters more than one vote, however international practice points to the system of one vote for every voter. The Republic of Guinea‐Bissau following the prevailing international practice assigns each voter a single vote for each election. The Guiné‐Bissau electoral law prohibits and punishes with jail time citizens that cast their vote more than one time in each election or that try to do so. The prohibition and criminalization of this practice seems appropriate to us, but we suggest a refinement of the wording of the legal rule, in order to ensure that the prohibition is well understood by everybody. 3.3.2 Equity in the distribution of voting power The principle of equitable distribution of voting power refers to process of determining the constituencies and how the number of political mandates are distributed by these constituencies. Indeed, the legal framework should provide for the existence of sufficiently homogeneous delimited constituencies based on clear criteria of population, geography or representation of minority groups. It is commonly understood that the traditional combination of all of these criteria is the best way to determine the constituencies included in a particular electoral system, however, it is also accept the application of other criteria, such as those rooted in motivations administrative or historical order, if the disparity between constituencies does not allow a gap in representation among them exceeding 10%. For the purpose of the election for President of the Republic, Guinea‐Bissau's electoral law comprises the existence of a single constituency, however, for the election of the one hundred and two members of the National People's Assembly, the law provides for the existence of a total twenty‐nine constituencies, two of which form by the voters registered abroad. By focusing our analysis on the constituencies that elect the one hundred and two parliamentarians of Guinea‐Bissau, we note that there is a significant disparity both in number of Administrative Sectors that compose the electoral constituencies and the number of voters that form them. A very simple analysis to the Page 109 of 147
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constituencies also show that there are constituencies that comprise an Administrative Sector while others comprise eight Administrative Sectors. One might be led to think that the constituencies that include fewer Administrative Sectors are however more populous or include a larger number of registered voters, but by matching the constituency n. ⁰ 17 (with a single Administrative Sector) with constituency n. ⁰ 29 (with eight Administrative Sectors) we can see that the first constituency comprises a total of 13,111 registered voters, while the second constituency includes a total of 57,182 registered voters. Indeed the disparity is reflected also in the distribution of mandates to the National People’s Assembly by confirming the number of member of parliament that each one of them elect, in fact, we can confirm that the constituency n. ⁰ 17 has 13,111 registered voters and elects 3 member of parliament while constituency n. ⁰ 29, with 57,182 registered voters, elects, also, 3 members of parliament. Disparities found either in the territorial delimitation of the electoral constituencies or their voters composition, as well as the distribution of mandates to the National People's Congress should justify a revision of the electoral constituencies that exist, regarding the number of Administrative Sectors that form every one of them, as well as their number of registered voters and the number of MP’s that they elect. It is considered useful to establish the electoral constituencies through law, however is very important to set a clear and transparent criteria for the distribution of seats in Parliament among them as well, based on the number of register voters that every one of them have, allowing the electoral administration bodies to periodically review and redistribute the number of mandates that each one of them elect in reference to the changes that occur in each constituency by virtue of voter registration update. A simple exercise of allocation of parliamentary seats per constituency, based on their number of registered voters using the Hondt method allows to identify high disparities in the distribution of mandates by constituencies. Using the examples provided previously by constituencies no.º 17 and 29 we can confirm that by applying the Hondt method for allocation of mandates in Parliament we can see that constituency no.⁰ 17 should be entitled to elect one member of parliament, while constituency no.⁰ 29 should be entitled to elect 8 members of parliament. Accordingly, with all due respect, we recommend: a) The modification of administrative, territorial and human components of the existing electoral constituencies, in order to give them greater homogeneity and coherence; b) The elimination of the system of fix allocation of parliament seat per electoral constituency by law; c) The establishment of objective criteria for proportional allocation of seats to the National People’s Assembly, based on the number of registered voters in each of them; d) The reallocation of mandates to the National People’s Assembly before each election and in accordance with the evolution of the number of registered voters in each constituency. 3.3.3 Equal opportunities The implementation of the principle of equal opportunities results from the creation of conditions for all candidates to election have a similar treatment, to ensure that none of them has preferential treatment. The legal framework must provide the necessary basis for all candidacies have the same opportunities to access the media, including private media, if any exists in the country, and the establishment of clear rules relating to campaign financing with possible limitations to electoral campaigns expenditures. Observing the legal framework of the Republic of Guinea‐Bissau, on electoral matters, we note that it comprises the existence of an electoral campaign period, which begins twenty‐one days before the date appointed for the holding of the electoral process and ceases at zero hours prior to the holding of the Election Day. The legislative framework of the electoral process also establishes regulatory requirements Page 110 of 147
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that ensure freedom of expression, freedom to hold meetings and freedom to make public demonstrations, as well as predicting the existence of ethical standards for the electoral campaign, the existence of televised broadcast (with equal duration to all applications), the demand of equal treatment for all candidates, by the media except for these that are honed by the political parties. Law also prohibits any commercial advertising made by political parties, political parties coalitions and any candidates, during the election campaign. The electoral law allows the possibility for electoral campaigns to be funded through State allowances, voter’s donations, self‐funded by candidates or their political parties as by revenues collected in the context of campaign activities, forbidding, however, the direct financing of election campaigns by foreign governments and foreign governmental organizations, although it allows to funding of election campaigns by foreign parties that have links with Guinean parties. State allowances must obey to uniform and clear rules and must prevent any preferential or discrimination against any of the candidate. Candidates are obliged to return all the amounts they received from State allowances and that were not used or that have been used for purposes that do not relate with the election campaign, rule that are enforced through the submission of the election campaign accounts of all candidates to the National Elections Commission. Although the positive assessment that we make about the legal provisions relating to the election campaigns and all the rights and all the legal protection that is given to fundamental political freedoms, from the legislative point of view, we can not, however, fail to express some concern regarding the legal framework for the election campaigns, specially the rule enshrined in Article 46. ⁰ that, as it is written, opens the door to possible election campaigns funding by foreign entities (but not government) thus may influence the political process of a political a community that they do not belong to. Admitting the possibility of electoral campaign funding though the contributions from congeners parties (which we believe it to be foreign political parties, because national are affiliated or adversaries) or only banning the foreign governmental organizations funding allows private foreign organizations and firms to finance political parties and campaigns, which is in all respects regarded as a harmful practice to the roll out of the democratic electoral process and induces corruption. Accordingly, with all due respect, it is recommended: a) The prohibition of any form of election campaigns funding, direct or indirect, from foreign sources, both public and private; b) The prohibition of the election campaigns funding based on the contributions made by industrial or commercial entities, regardless their legal nature or status; c) The introduction of ceilings for the contributions donors and candidates for election campaigns; d) The introduction of ceilings on expenditure for election campaigns; e) The imposition that all election campaign funding and expenditure over a certain amount must be made through a bank account specifically opened for that purpose; f) The obligation to identify all contributors to the election campaign; g) The delivery of the bank statement of the account movements regarding the election campaign. 3.3.4 Gender balance The legal framework can and should provide a set of legal provisions that assign gender representation for legislative or any representative political bodies. The Republic of Guinea‐Bissau ratified the Convention on the Elimination of All Forms of Discrimination against Women (1979), which expressly provides that special measures aimed to accelerate the de facto equality between men and women not constituting discrimination and being considered as the most appropriate to end patterns of gender inequality through. Internationally, the efforts made towards a greater participation of women in elections has included the mandatory inclusion of a minimum number of female candidates in eligible place in the lists of candidates. Page 111 of 147
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The Republic of Guinea‐Bissau has a low participation of women in the lists of candidates running for election to the National People’s Assembly, which contrasts with the high participation of political and civic women activists during the electoral process. Full compliance with the international commitments of the Republic of Guinea‐Bissau implies the modification of the existing electoral legal framework in order to induce the political parties structures, that hold the monopoly of submission of candidates to the National People's Assembly, to include the women in eligible positions of the candidates lists, ensuring the growth of its representation at the national level. In this sense, with all due respect, it is recommended: a) The mandatory inclusion of female candidates in eligible positions of the lists of candidates in electoral constituencies that elect more that one member to parliament; b) The legal provision of inadmissibility of the lists of candidates who do not respect the women’s representation rules. 3.4 Freedom of vote Electoral processes are responsible for the revelation of the will of the majority members of a politically organized community, in particular in regards to the choice of those members that on their behalf will exercise political power. For that purpose it is imperative to ensure the full freedom of choice, i.e., the voter’s choice must be conscious, thoughtful and free of any constraints. For evaluating the existence of freedom of vote in a particular electoral system it is important to analyze the conditions in which the formation of the voter’s opinion occurs, the freedom available to the voters to express their will and, finally, the commitment to fighting electoral fraud. We will examine in detail each of these dimensions. 3.4.1 Freedom of voters to form opinions Electoral processes are generally organized and conducted by public services, whose position must be impartial and neutral, allowing voters to form their opinion. Regarding the privileged position that electoral management bodies have it is imperative to create conditions to safeguard the right of voters to form enlightening decisions. The legal frame that enshrines the electoral system must provide for the existence of a set of measures to guarantee the neutrality of all public officials (especially those who hold positions of political nature, regardless if they perform functions of a purely administrative nature). The duties of neutrality that all public officials official must follow can have a negative or a positive nature. They are under the obligation of not to use their positions to gain easier access to the media or gain greater public exposure in order to prevent the exercise the freedom of expression or to induce the funding of certain political parties. They also have the responsibility to ensure that all candidates admitted to the election are known by the voters allowing them, in their one languages, to vote for them during Election Day. Given the legal framework of the Republic of Guinea‐Bissau, we can recognize all the efforts made to inshore the neutrality of all public officials and punish all forms of breach of neutrality imposed on those responsible for electoral administration bodies, the official voter registration and by electoral officers. It is also evident to us the effort undertaken to ensure the exposition of all lists of candidates who present themselves for election to the National People’s Assembly. However, given the importance and impact for the construction of the public opinion, full knowledge of the candidates who have been admitted to suffrage, it should be legally imposed the obligation to display on the door of the Supreme Court and the headquarters of all
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Sector Administrations the full list of candidates to the Presidency of Republic and to the National People’s Assembly, as well as being published in the Official Gazette and publicized in the media. The legal system of the Republic of Guinea‐Bissau also appears to be reasonably complete regarding the protection of all fundamental political rights and freedoms that also benefit from constitutional protection. Accordingly, with all due respect, it is recommended: a) The creation of a set of rules establishing a system of incompatibilities and impediments for all the electoral officers (including those who perform their duties at GTAP and CNE) that will reinforce their neutrality; b) The adoption of a system of equal treatment (legally binding for all the media) regarding the news reporting the activities involving government officials and those activities involving opposition parties during the period between the call for elections and the beginning of the new political mandates; c) The mandatory disclosure of all lists of candidates admitted to the electoral process, by public notice affixed at the door of the Supreme Court and at the door of the Sector Administrations, as well as their publication in the Official Gazette and the media. 3.4.2 Freedom of expression of the will of voters and actions against electoral fraud According to this criterion, the principle of freedom of expression of the will of the voters is safeguarded if the voting procedures are simple, preferably arise at polling centers and the exercise of voting rights outside the polling centers take an exceptional nature and it is subject to very stringency rules that will ensure the freedom and secrecy of the vote and the authenticity of the electoral result. The guarantee of freedom of expression of voters also lies in the subjection of all military personal to the same voting rules that are applicable to all citizens, including those that determine the locations at which polls have to take place. Regarding the reliability of the results obtained, the protection of free sovereign will of the people must comprise the necessary control mechanism that should be more than one, being common the system of matching the number of casted in the ballot box with the number of ballot papers available to the polling center and that were not used. It is also It is also recognized as an international good practice for the initial counting of the vote to take place in the same place where voters cast their votes, namely at the polling center. This initial proceedings of counting of counting the votes and tabulate the results must happen publicly allowing the general public, the media, the political party agents, the candidates representatives and the electoral observers to watch all these electoral operations. Is also important to create a set of legal instruments that make shore that the results are transmitted in a clear and accurate way and any attempts of electoral fraud are punished. This principle also provides that all candidates and political parties are allowed to appoint representatives or agents and electoral observers must also be allowed to observe the operations that occur at the poling stations. This principle also includes a rule under which military personal that is not on duty must cast the vote accordingly with the rules that apply to all other voters, but if they are working during the Election Day, they must be allowed to vote at the polling station closest to the location where they are working. The electoral legal framework for the Republic of Guinea‐Bissau provides that voters must cast their vote, in person at the polling station corresponding the geographical unit where they are registered as voters, except if they are members of the Regional Electoral Commissions, are electoral officers or party agents, because in this case they can exercise their right to vote in the location where they are performing their duties. The
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legal framework also admits two exceptional situations regarding the exercise of voting rights, namely regarding the location where voter have to cast their votes, the first exception refers to the right of anticipated vote, by the military, members of security forces and the airport and maritime workers that are on service during Election Day. For exercise the right of anticipated vote, they must go to their Regional Electoral Commission in the third day before the Election Day. The second exception regarding the place where voters should cast their vote refers to the possibility of create mobile polling stations that allow the collection of votes from voters who live in regions with low population density. By analyzing the anticipated voting system, we can say that it appears that the Guinean lawmakers try to make ensure that it would apply only to a very limited number of situations, as well as by making shore that it would take place under conditions that would safeguard the confidentiality of the voter’s choice. It is also commendable the option of ensuring that the votes casted under the anticipated vote procedures would be send to the polling station where the voter should, in normal conditions, cast his vote. However, it is of paramount importance to us to confirm that the electoral law clearly establishes the hours during which the Regional Electoral Commissions carry out the anticipated voting operations as well as the possibility for political party agents, observers and media professionals to follow these operations. Regarding mobile polling stations, it is determined that these operations must be publicly announced during the eight days preceding the Electoral Day and as they occur the National Elections Commission must take all necessary measures to ashore the security of the proceedings and the secrecy of each voter’s choice, without prejudice to the right of political parties and candidates appoint their one agents to follow these operations. We think, however, that in addition to the provision that allows party agents to follow the mobile polling stations activities is very important and useful to allow also the electoral observers and media professionals accredited by the electoral administration to follow these electoral activities. The legal and formal demands for voters to exercise their voting rights are of great simplicity, comprising only three conditions: the exhibition of the voter’s ID and the inexistence of indelible ink on the voter’s fingers. The voter identification is carried out by the President of the polling station by verifying the voter’s registration card that must be presented and by the confirmation, by the Secretary of the polling station, that the name of the voter is included in the electoral roll of that polling station. After the confirmation of the identity of the voter, after the confirmation of the identity of the voter and that he has no indelible ink on his finger, he receives a ballot paper to choose the candidate of his preference and we will cast his vote in the ballot box at the polling station. The notoriously blind or physically disabled voters, who prove incapable of exercising the right to vote by themselves, may choose someone they trust to help them to exercise their voting right. The person chosen to help any voter that can not exercise his voting right alone is subject to the obligation of maintain the secrecy of the other voter’s choice. After signaling their choice on the ballot, it is inserted into the ballot box, ending the operation by introducing the right forefinger of the voter in a container containing indelible ink that will signal that voters have exercised their right to vote. Despite the simplicity of the voting proceedings, it seems to us of great relevance or importance to ensure the uniformity of form of voting, since the law allows the existence of two forms of manifestation of the voter’s choice. It is well understood the generous intention of the lawmakers that probably wanted to introduce the possibility of voters to express their choice by through a sign in ink on the corresponding square. However, the coexistence of various forms for manifestation of the voter’s choice reduce the guarantees of secrecy of the ballot and as such the electoral law should only allow the existence of a unique form of expression of the voters' choice for the purpose of qualifying the vote as valid.
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Finally, it alludes to the possibility of political parties and candidates to designate representatives to monitor the polls and the tabulation of results, called "list delegates" whose rights are also enshrined legislatively. Respecting the international best practices, the electoral legal framework of the Republic of Guinea‐Bissau, allows, too, that the media and international observers may also observe the polls and the tabulation of results. With regard to legal provisions that permit the monitoring of the polls and tabulation proceedings, we notice that the provision in article 73.⁰, n.⁰ 3, a) refers to “showing a credential issued by the national media that the media professional represents” and should be amended to determine the display of the credential issued by the National Electoral Commission; regarding the provisions of article 73.⁰, n.⁰3, b) that prohibit the capture of images very near to the ballot box, this rule should be amended by prohibiting the capture of images near the voting booths, whereas the vote (insert the ballot into the ballot box) is a public act, which can be captured by the cameras of the media, and the secrecy of the vote that lies in the choice of the voter that occurs in voting booths and not by the ballot box. In this sense, with all due respect, we recommend: a) The situations of admissibility of anticipated vote remains, as currently, established by the electoral law; b) That the electoral law clearly determines the hours during which the anticipated votes can be cast at the Electoral Regional Commissions; c) That the electoral law clearly determines that the mobile polling station operations can be observed by the political parties agents, the professional of the media and by the electoral observers; e) That the electoral law establishes a clear system of recruitment and election of electoral officials, according with legally pre‐determined profile and an incompatibilities regime that prevents political parties’ leaders to be appointed as electoral officers; f) Establish an administrative complain process to challenge the appointment of the electoral officers and a judicial appeals procedure for the same purpose; g) Include in the electoral legal framework mandatory training to all members of the polling station, the party agents, the media professionals and electoral observers; h) Remove the provisions of Article 76.⁰ of Law n.⁰ 3/98, 3 April; i) Empower the National Elections Commission to accredit the media professional that intent to ashore the news coverage of the election; j) Replace the legal prohibition of capturing images in the vicinity of ballot boxes by the prohibition of capturing images in the proximity of the voting booths. 3.5 Right to Vote According to the international best electoral practices, the existence of a genuine democratic election system shall provide for the election of at least one chamber of the national parliament and the sub‐national assemblies and local councils. According to the constitution of the Republic of Guinea‐Bissau we can confirm that the electoral legal framework provides the grounds for universal and direct election of the President of the Republic, the Members of the National People's Assembly and local municipal authorities. In this domain we conclude that the electoral legal system of the Republic of Guinea‐Bissau follows the international standards for a truly democratic election. We will refrain from making any recommendation on this matter. 3.6 Frequency of elections Page 115 of 147
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The existence of a truly democratic system of government depends on the holding of free and fair elections, but also the correctness of its implementation. Indeed, it is important that holders of public office do not eternize themselves in this public positions, allowing both the renewal of their legitimacy through the popular vote and the renewal of bodies that they are part of. Despite this, there is no legally biding international rule that the terms on public office though best international practices suggest that for parliament elections should be call, at the least, every five years. By observing the constitutional frame of the Republic of Guinea‐Bissau, it can be seen that the mandate of the President of the Republic does not exceed five years and the mandate of the Members of the National People’s Assembly does not exceed a four years period. We conclude, therefore, that the implementation of the principle of periodicity for conducting elections is dully accomplished by the current legal frame conforming the electoral system of Guiné‐Bissau with the international best practices and as such we abstain from making any suggestion or comment in this matter. 4. Conditions for the realization of the fundamental principles for the conduct of free and fair elections The implementation of principles for conducting free and fair elections depends on the verification of the existence of conditions for such to happen. Among the set of fundamental or necessary conditions to achieve the principles above described and inherent to hold truly democratic elections it should be highlighted: the culture of respect for fundamental rights, stability of the electoral legal framework and the existence of procedural guarantees. We will now analyze how all of these principles materialize with in the Guiné‐Bissau electoral system. 4.1. Culture of respect for fundamental rights The holding of free and fair elections depends of the existence of a culture of respect for fundamental rights of citizens. It is generally accepted that the set of fundamental rights which reflect a higher impact on the electoral system and therefore on the holding of free and fair elections are: freedom of speech, freedom of the press, freedom of movement of people within their country, freedom of association for political purposes, in particular for the creation of political parties. From a strictly legislative or normative view, the Constitution of the Republic of Guinea‐Bissau enshrines freedom of speech, freedom of the press, freedom of movement of people within the country, freedom of association and the law for political parties enshrines the freedom for the formation of political parties. The electoral law also ensures the existence and respect for those fundamental rights during the electoral process, as it can be seen in the electoral law to the President of the Republic and National People’s Assembly that clearly protects freedom of speech of candidates and their representatives, freedom and immunity of the press and freedom of peaceful assembly and demonstration. During the period the Mission to Support the Electoral Process in Guinea‐Bissau remained in this country we do not witnessed any violations or limitations to the fundamental rights set out above, except for the freedom of movement within the country. Indeed, despite the inexistence of a legal rule that allows such, during Election Days, security forces prevented cars from circulating in all public roads, except for the vehicles that showed a free transit sticker issued by the National Elections Commission. We realize that the decision to limit the traffic in all public roads is grounded on security reasons but it may represent an Page 116 of 147
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obstacle to the access of voters to the polling stations where they should exercise their right to vote. Not infrequently, the voters have their workplace outside the geographic unit where they are registered as voters and where they have to exercise their right to vote, as such, by impeding road circulation, authorities make for many to exercise their right to vote, since they are unable to the location where they should cast the vote during reflection day and return to the geographic location of their workplace during the day next to Election Day because that may represent the loss of three days' work, which in the socio‐ economic context of Guinea‐Bissau can be very significant. According to the Constitution of the Republic of Guinea‐Bissau all "the constitutional and legal provisions relating to fundamental rights shall be interpreted in accordance with the Universal Declaration of Human Rights", and shall be directly applicable and binding to all and it may only be suspended or limited if the state of emergency is declared, what can only happen in cases of actual or imminent aggression by foreign forces, serious threat or disturbance of democratic and constitutional order or public calamity. The Highest Law of the Republic of Guinea‐Bissau, also recognizes that "every citizen has the right to appeal to the courts against any actions that violate their constitutional or legal rights and justice can not be denied on the basis of insufficient economic means.” The constitutional and the electoral legal framework of the Republic of Guinea‐Bissau can recognizes the existence of the fundamental citizens’ rights required for holding free and fair elections and are generally respected by public authorities and the political players, however, one can not but respectfully recommends that the usual practice of limiting road traffic within the territory in Election Day be abolished allowing the everyday normal movement of citizens. 4.2. Stability of the electoral legal framework The legal and electoral system must comprise various levels and should reveal the necessary stability so it can be clearly understood by all political players, all electoral officers and, especially, by the people. The electoral legal framework must also be shielded to prevent changes of circumstance that may generate uncertainty surrounding the electoral process or that may favor any political player. Despite the desirable existence of a solid electoral legal framework that prevents any changes to itself during the year before the Election Day, it is also desirable that it proves to have the flexibility to adapt to the complex specific reality of each country through the existence operational of rules. The electoral legal framework should emerge from lasting political consensus and should be approved by the legislative chamber of the country. Nevertheless, it is also desirable that, subject to compliance to the existing laws, the electoral administration bodies should generate and make their actions clear through operational regulations for the effective, efficient and effective implementation of election laws. In the Republic of Guinea‐Bissau it can be seen that the fundamental principles of the electoral system have a constitutional basis and the rules for the organization and implementation of the electoral system are established by law passed by the National People’s Assembly, the that in Guinea‐Bissau is the Parliament and is composed by one hundred an two directly elected members. Our Mission during its presence in Guiné‐Bissau was able to confirm that the current electoral legal Page 117 of 147
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framework is stable and widely known and understood by the political players and by the electoral officers, it was not possible, however, whether that clear understanding is extensible to most citizens. It would be desirable that the implementation of the provision enshrined in Article 43.⁰ of Law n. ⁰ 3/98, of 23 April to become more effective. Accordingly, with all due respect, it is recommended: a) The revision of Law No.⁰ 3/98, of 23 April, keeping its provisions, but improving its systematization; b) The legal empowerment of the National Elections Commission to approve operational electoral regulations and Codes of Conduct for the electoral officer, the media and election observers, under the proposal of GTAPE; c) Imposition of a statutory period for electoral civic education, during the period that intermediates the publication of the Presidential Decree that calls the elections and the day of the beginning of the electoral campaign, under the responsibility of the National Elections Commission. 4.3 Existence of procedural guarantees As one can easily understand, all the electoral systems must comprise a set of mechanisms to make shore that it functions properly by respecting the fundamental rights and freedoms and the electoral legal frame. In fact, these mechanisms must ashore that none of the electoral players is favored, all the citizens that have the electoral rights are able to register as voters, no public or private entities do not interfere in the electoral process in order to limit the expression of popular will and the proclamation of results is reliable and rightly express the will of the people. The existence of free and fair elections also depend on the ability for international organizations, international agencies and Non Governmental Organizations (domestic and international) to be able to follow the activities and operations of the electoral process in order to assess its transparency and the legality of its activities and, by doing so, helping the wide acceptance of the electoral results. Finally, the election results as well as the most controversial facts that occur during election must be subject to the possibility of challenge, protest or appeal either to an independent electoral management body or to a court of law or even to both. We will now pass to examine in detail each one of these elements. 4.3.1 The existence of an Independent Electoral Commission It is widely accepted that those countries that traditionally do not have independent public administration, it is advisable to establish an Independent Electoral Commission, responsible for overseeing the electoral process throughout the territory and the personal and operational status of its members ensures the impartiality of its decisions in particular through the impossibility of their dismissal. The Independent Electoral Commission assumes also a mediation role regarding potentially conflicting interests, namely between political parties or candidates, and, in case of failure to achieve the aimed consensus, by deciding through qualified majority vote. The mediating role of these bodies is accepted by all parties because of its neutrality and unbiased behavior of its members. It is internationally recognized as a good practice to include representatives from political parties in the composition of these independent bodies, even if its only by those who hold parliamentary seats.
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The Independent Electoral Commissions should decide all matters through consensus or through vote of qualified majority of its members. The Electoral legal frame of the Republic of Guinea‐Bissau determines the existence of a National Electoral Commission, responsible for the organization, direction and supervision of all electoral processes and referendums in this country. The law also defines the National Elections Commission as the independent body that works with the National People's Assembly and it is composed by one Executive Secretariat, one representative of the President of the Republic, one governments’ representative, one representative from each one of the Political Parties or existing Parties Coalitions, one representative of the National Media Council and one representative of each presidential candidate. The four members of the executive secretariat of the National Elections Commission are elected by two thirds of the Members of the National People’s Assembly for a term of four years, with all the other members of that body appointed by each competent authority to do so, in the ninety days preceding the election (term that may prove difficult to fulfill given that elections are called by the President ninety days in advance). The members of the National Elections Commission also enjoy a legal regime immobility, independence and immunity as well as guarantees of protection of their previous employment. Regarding its legal competencies, CNE is responsible for the supervision and inspection of voter registration process (which is conducted by the Government through the Bureau of Technical Support to the Electoral Process ‐ GTAPE), organize and implement electoral processes and referendums, promote civic education activities, TV and Radio campaign time among all candidates, oversight the activities of the Regional Elections Commissions, determine and publish the election results and decide complaints, protests or counter‐protests. The National Elections Commission can only be in session when the majority of its members are present and its resolutions are adopted by consensus. When CNE is unable to reach consensus, its resolutions are adopted through the vote of the majority of the members of its Executive Secretariat and when there is a tie the chairman of the executive secretariat decides the result. With all due respect we think that the decisions regarding the model of electoral administration adopted is not particularly appropriate for Guiné‐Bissau, favoring situations of tension and controversy that do not favor the widespread acceptance of the results of the electoral process. Notwithstanding the recognition that we do about the existence of models similar to that which was adopted for the Republic of Guinea‐ Bissau, we believe that the convergence of executive functions within the electoral process in an organ that accumulates supervisory duties in the same process is not advisable for this particular country, considering its reality. Indeed, given the experience over the last election, it would be preferable to assign the Technical Support Office Electoral Process (GTAPE) executive electoral competencies, under the supervision of the National Elections Commission (CNE), such as: to ensure the direction of all operations of voter registration and its updates; to plan, organize and implement electoral processes and referendums, creating stable and permanent peripheral services and regional character to accomplish these legal tasks. For its part, the National Elections Commission should take the exclusive function of supervising the voter registration
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processes and its updates, the approval of the action plans for the implementation of electoral and referendum processes, approve operational regulations (proposed by GTAPE), oversight the accounts of political parties and the election campaigns funding, enforce the election campaign legal rules and decide, as a first instance, the appeals against acts included within the electoral and referendum processes and ensure the national tabulation of the election results and distribution of the political mandates, according to the each election results. The composition of the National Electoral Commission should also be subject to change by making sure that its members have an independent mandate and being able to ensure the supervision of all electoral processes and referendums. The CNE should also comprise the representation of the judicial and political institutions of the country as well as the civil society (President, National Assembly, the Government, Courts, Lawyers, National Council for Social Communication, Group Representation of Women and Youth) with a maximum total of eleven members (which would allow the existence of a Commissioner for each of the existing regions in the country and the circles of emigration). The terms of the members of the CNE should also be changed in order to ensure that the term of its members has a bigger duration than the term of the President of the Republic and that the renewal of the same will not occur under normal circumstances, during the year preceding an election year, ensuring a greater independence thereof. Accordingly to what we have exposed, with all due respect, it is recommended: a) The adoption of a specific law for the electoral administration bodies providing for the National Electoral Commission to supervise elections and referendums and Technical Support Office Electoral Officer (GTAPE) as the executive body of electoral processes and referendums; b) The legal framework should establish GTAPE as a permanent service of government, responsible for the planning and voter registration procedures and it’s updated, as well as the body responsible for the management of the voter registration database; c) The law should provide that officers and employees from GTAPE are prohibited to assume any leadership responsibilities in any political parties or candidates or stand for election as candidates or supporters of candidates or movement under a referendum process; d) The Regional Electoral Commissions should have a professional and permanent nature, becoming peripheral services of GTAPE; e) The National Electoral Commission should have single and exclusive powers for monitoring electoral processes and referendums taking place; f) The composition of the National Electoral Commission should comprise a maximum of eleven members appointed: by the President of the Republic, the National People’s Assembly, the Government, the Courts, the Attorneys, the National Media Council, the Women's and Youth Groups representatives; g) The terms of each member of the National Elections Commission should have a maximum duration of six years, renewable consecutively only once; Page 120 of 147
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h) Before the beginning of their mandates, members of the National Electoral Commission should undergo for a training program on electoral matters; i) The National Electoral Commission shall be empowered to start regional offices, under the direct responsibility of its members. 4.3.2 Election Observation The transparency of electoral processes and referendums should guarantee the acceptance of the presence of election observers including representatives from other democracies and international organizations, but also observers from domestic civil society organizations. The legal system must therefore allow for the possibility of foreign bodies or national civil society organizations to apply for accreditation of observers to monitor the electoral processes and referendums. The law must therefore uphold the accreditation of domestic and foreign electoral observers, recognizing their ability to monitor all stages of the electoral and referendum processes (registration, submission of applications, campaign, vote, tabulation and proclamation of the results) and have full freedom of movement within the country, being previously indicated the locations where they are not allow to access. The legal framework of the Republic of Guinea‐Bissau provides for the possibility of accreditation of international observers from the Organization of the African Union, the United Nations and the Organization of the European Union or foreign personalities invited by the National Elections Commission, determining also their respective powers and set of rights granted for them to perform their mission, among which stand out: the freedom of movement throughout the country, the possibility of contacting entities or institutions, public or private, involved in the electoral process, to obtain any clarification on the electoral process, to monitor the voter registration process, to follow the acts of election campaign, monitor the voting procedures in the polling stations. The comparison between the set of internationally accepted standards for conducting free and fair elections and the legal system currently in place in the Republic of Guinea‐Bissau, results in the general conclusion of conformity between the two, except in regard to the limitation of the number of international organizations that are able to request the accreditation of election observers and the impossibility of accreditation of domestic observers. Accordingly, with all due respect, it is recommended to change the legal framework, namely the Law ⁰ 4/94 of 9 March towards: a) Elimination of the closed list of international organizations that may apply for accreditation of international observers; b) Elimination of Article 10 ⁰ imposing the existence of limits to the number of electoral observers (including international); c) Allowing the accreditation of election domestic observers proposed by civil society organizations Guinea‐ Bissau; d) Introduce the option of litigation proceedings against decisions that reject the application for accreditation of electoral observers. Page 121 of 147
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4.4.3 Existence of an effective system of appeal International best practices advise that electoral democratic electoral systems must include the existence of bodies in charged of receiving protests, complaints and appeals from electoral stakeholders. There are several options regarding the competence to review in first instance the electoral acts before the Independent Electoral Commission and before Parliament, however, the realization of a truly democratic system requires the establishment of the possibility of final appeal before a judicial body. The rules of appeal must be clear, simple and easily understood by all electoral officers and by the people, they must avoid potential conflicts of competence (positive or negative) or choice of forum and those procedural rules should be provided by the legislation. The procedural rules of electoral disputes should recognize the legitimacy of all candidates and all voters to challenge any election action, a time limit for submitting and deciding non‐judicial appeals (not exceeding five days) and maximum time limit for decision of the judicial appeals (not exceeding five days), subject to the obvious recognition of the right to exercise the contradictory; substantive rule of electoral disputes should give the Court the power to nullify the elections and determine its repetition. The legal regime of litigation regarding voter registration provides for the possibility to submit complaints. The acts within that, to the brigades responsible for the registration must be submitted within 48 hours and must be decided in 48 hours as well. Decisions from the voter’s registration brigades may be appealed to the Voters Registration Commissions. The law recognizes to all citizens the right to complain from omissions and unlawful entries in the election roll, same right is recognized to political parties through their agents and the right for affected voters to defend themselves must be granted before any decision is made. These decisions may be subject to judicial review, being competent the Regional Courts with territorial competency over the territory where the appealed act has occurred. The voter’s registration committee’s decisions may be appealed within 5 days if these if the actions have been committed in the country and within 10 days these actions were committed abroad. The commissions must sent, to the competent Court, the decisions they receive within two days. The litigation regarding voter’s registration is conform to the international best practices as described above. However, it is understood, that the best systematization of law and the establishment of a single uniform period for the practice of all the acts in the litigation would improve voter registration existing system. Nevertheless, the existing provisions are adequate to carry out effective supervision of the voter registration process. Regarding the electoral disputes regulations it appears that it carries the principle of gradual acquisition of acts, i.e., can only be subject to litigation those actions that previously have been subject to complaint or protest. The appeals must be submitted before the National Elections Commission, within 48 hours (counted from the notification of the decision of the CNE), but the legal framework is not clear regarding the legitimacy of those who are entitle to submit the appeal. After receiving the appeal, the Supreme Court shall notify the opposing parties to exercise the adversarial right, within 48 hours, after which the judicial body has 48 hours to render a final decision, which may determine the cancellation and repetition of the ballot. The Guinean legal regime for electoral disputes seems to conform itself to the best practices defined for this purpose, except in regards to the recognition of the legitimacy to all voters to submitted claims or protests, relating to the ballot process. Accordingly, with all due respect, it is recommended that:
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a) Litigation procedures regarding voter’s registration be revised to improve the systematization of the respective rules; b) Litigation procedures regarding voter registration determines a single deadline for all procedural acts; c) The election litigation includes the possibility of judicial review of all decisions relating to protests and complaints submitted by citizens as part of the voting process. 5. Conclusions For everything that we were able to expose above, and without prejudice to any other recommendations that we had the opportunity to make throughout this document, we conclude that, although there is still room for improving the legal and electoral framework of the Republic of Guinea‐Bissau in line with international best electoral practices, although the legal framework of this country already provides the fundamental basis for holding free and fair elections. The recommendations and comments that we respectfully formulated, under the ties of friendship and fraternity that unite our peoples, seek only to promote the consolidation of democracy in the Republic of Guinea‐Bissau, the growth of popular participation in the electoral processes and referendums and the internal cohesion of the nation.
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8. BUDGET EXECUTION The V Constitutional Government decided to grant support to the Transitional Government of Guinea Bissau in the amount of US$ 6 000 000 (Six Million U.S. Dollars). This amount was intended to support the activities of the voter registration under the establishment of a Mission to Support the Electoral Process of Guinea‐ Bissau. The implementation of the activity in the fields, had to undergo changes relative to the narrative that had been prepared. This happened because the GTAPE and CNE of Guinea‐Bissau did not have the right conditions to make the implementation of voter registration activities, and so Timor‐Leste´s team from Mission to Support the Electoral Process of Guinea‐Bissau had to make an effort, in the final months of the year 2013, to carry out the implementation of voter registration in accordance with the Presidential Decree of October 2013, provided that it would not last longer than two months. This was a major challenge for MAPE‐GB, because in reality there was no operational plan that could provide the foundation for implementing the process. In addition to the difficulties arising in consequence of the absence of an operational plan, it was found that a correct list of the number of voters did not yet exist, the Internet capacity was insufficient to support data synchronization of data with the central server database, and that there were language barriers that obstructed communication. Further efforts by MAPE‐GB in order to overcome the obstacles encountered in the fields, reflected the budget execution level. The budget execution for the activity of the voter registration in Guinea‐Bissau, beginning in October 2013 until June 2014, is as follows:
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9. ANEXXES 9.1 ‐ Acknowledgements By the Council of Ministers´ resolution of the 9th of April 2014 and by Presidential Decree 28/2014, H.E. the Secretary of State for Administrative Decentralization and Head of Mission to Support the Electoral Process of Guinea‐Bissau (MAPE‐GB), Tomás do Rosário Cabral, was awarded the Order of Merit, Cooperation and Development, in testimony and gratitude of the performance and solidarity established. The intention of this decoration is to highlight the valuable contribution and support to the electoral process of Guinea‐Bissau, and to promote closer relations between the Republic of Guinea‐Bissau and the Democratic Republic of Timor‐Leste. In a letter dated 10th of April 2014, written by H.E the Transitional Prime Minister, Dr. Rui Barros, refers the “... valuable contribution he made to our country especially during this phase of transition, by coordinating, on behalf of Timor, the actions of the support to the electoral process of Guinea‐Bissau.” Emphasizing also “…the actions undertaken in favour of Guinea‐Bissau is partly due to the hard and consistent work of His Excellency and the Government and People of Timor‐Leste. We emphasize that he was an eloquent defender of our country and it´s therefore right to publicly acknowledge him.” Page 125 of 147
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In a letter dated 29th of May 2014, the Hon. President of the National Election Commission of Guinea‐Bissau, the Judge Advisor, Dr. Augusto Mendes, divulges the contents of the motion of acknowledgements to H.E. the Secretary of State for Administrative Decentralization and Head of MAPE‐ GB, Tomás do Rosário Cabral, in which is referred "... unfailing recognition and gratitude for the valuable contribution made by Your Excellency and the Institution that you wisely direct, in a very specific context, so that the General Election could occur in an orderly, transparent and credible manner, to international standards”. On the 13th of March 2014, His Excellency the Transitional President of Guinea‐Bissau, Manuel Serifo Nhamadjo, and His Excellency the Special Representative of the Secretary‐General of the United Nations for Guinea‐Bissau, Dr. Ramos Horta, awarded the all members of the Mission to Support the Voter Registration a Certificate of Merit and Appreciation, in recognition of outstanding contribution in implementing the voter registration process carried out on the 1st of December 2013 until the 10th of February2014 in the Republic of Guinea‐Bissau.
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Below is the transcription of the references made by the Observation Mission of Timor‐Leste and New Zealand for the Presidential and Parliamentary Elections of 13th of April, of the conclusions in its final report that clearly show the recognition of the institutions and People of Guinea‐Bissau to the People and Government of Timor‐Leste, the Mission to Support the Electoral Process of Guinea‐Bissau and the H.E. the Secretary of State for Administrative Decentralization, Tomás do Rosário Cabral. “The voter registration supported by MAPE‐GB, was a comprehensive, substantive and successful work. MAPE‐GB´s performance was exemplary, unique and unsurpassed, revealed by the professional and responsible manner shown by all its members and by their relentless work and expertise applied.” “... it permitted the definitive transition of a manual registration system for biometric registration and the creation of a reliable voter registration, and provided the most important basis for credible elections, in light of its potential to exclude suspicion and prevent fraud.” "The new voter registration system attracted the interest of citizens and voters, first because of its features listed above, but also because in many remote areas of the country the registration and issuance of voter cards became the first and only identification document that citizens had access to. " "Voter registration not only solved the problem of registering the voters, it created a database which can be used for other services, such as civil registration, border control, etc. In fact, it has other very important assets" (words of the President of the National Election Commission ‐ CNE of Guinea‐ Bissau)." "Timor‐Leste´s support was not limited to voter registration, it also included support for the rehabilitation of the buildings that received CNE and GTAPE (Office of Technical Support to the Electoral Process)" "The work of MAPE‐BG and the Government of Timor‐Leste to support the election process was highly appreciated by Guinean authorities at every level, national and regional, political parties and civil society organizations. There is a deep and sincere feeling of appreciation and gratitude from the people of Guinea‐Bissau to Timor‐Leste. These words from the Minister of Territorial Administration of Guinea‐Bissau, Mr. Batista Té, are illustrative: "The teamwork, determination and fighting spirit which they worked with day and night, throughout the national territory, carrying on their back the material to areas difficult to access, in canoes and boats, Timorese and Guineans side by side; further emphasizes the humility of the Secretary of State, Tomás do Rosário Cabral, living day and night with the officers... ". Also illustrative are the words of the Transitional President of the Republic, Manuel Serifo Nhamadjo, who rejoiced the fighting spirit, dedication of the MAPE‐GB and the dynamic leadership of the Secretary of State, Tomás Cabral." Page 127 of 147
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"Thanks to effective intervention to support the electoral process, Timor‐Leste now enjoys a good reputation and international prestige of supportive partner, committed and credible in helping to democracy and peace. Besides the aforementioned unanimous recognition of contribution from the people and authorities of Guinea‐Bissau, the international community also expressed their recognition. (…) in meetings and courtesy calls and in the meeting of the Electoral Observation Missions and Ambassadors with the Special Representative of the Secretary General of the United Nations, Dr. Ramos Horta, the Delegation of New Zealand reiterated its admiration for the example of the support from Timor‐Leste to Guinea‐Bissau, developer of a new dynamism in international cooperation, in which a distant, small, poor and recently independent country proves to be able to offer support and assistance to another country with such a commitment, efficiency and technical competence . " "A propitious environment has been established for the efficient cooperation between the electoral authorities of Timor‐Leste and Guinea‐Bissau, based on mutual knowledge of capabilities and needs. This desire for cooperation was explicitly expressed to the Mission by the President of CNE and the Director‐General of GTAPE of Guinea‐Bissau."
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9.2 ‐ Message from the Deputies of Timor‐Leste to the People of Guinea‐Bissau (Annex D of the Report of Timor‐Leste and New Zealand's Joint Electoral Observation Mission from the National Parliament of Timor‐Leste to the Presidential and Parliamentary Elections of the 13th of April 2014).
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9.3 ‐ Nomination of H.E. the Secretary of State for Administrative Decentralization to lead the Mission to Support the Electoral Process of Guinea‐Bissau.
9.4 ‐ Request for Extension of the Mission to Support the Electoral Process of Guinea‐Bissau.
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9.5 – International Observation Missions Convite para o envio de uma Missão de Observação do Parlamento Nacional de Timor‐Leste à II Volta da Eleição Presidencial e agradecimento à MAPE‐GB
Convite para a Conferência de Imprensa da CEDEAO
9.6 ‐ Delegation of powers to sign contracts.
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9.7 ‐ Contract of the Rehabilitation of the GTAPE Headquarters.
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9.8 – Terms of Delivery. Termo de entrega da Base de Dados Eleitoral ao Governo da guiné Bissau
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Termo de entrega de diversos equipamentos à ACT‐L
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Termo de entrega de veículos e materiais de informática ao Governo da Guiné‐Bissau
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Termo de entrega de 200 mil USD ao Governo da Guiné‐Bissau para apoiar as actividades da CNE
Termo de entrega de 50 mil USD ao Governo da Guiné‐Bissau para apoiar as actividades da CNE na 2ª Volta da Eleição Presidencial
Termo de entrega de 25 mil USD para apoio à tomada de posse do Presidente eleito e Governo da Guiné‐Bissau
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Termo de entrega de um veículo às Forças Armadas da Guiné‐Bissau (FARGB)
Termo de entrega de um veículo à Polícia Nacional da República da Guiné‐Bissau
Termo de entrega de equipamentos de climatização à Televisão da Guiné‐Bissau
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Termo de entrega para apoio aos debates públicos à Global Shappers Community
Termo de entrega ao Centro de Acolhimento Bambaram.
Termos de entrega à Juventude Católica, Catedral de Bissau e Ministro da Educação da República da Guiné ‐Bissau
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10. – Brief Biography of the Mission´s Members Tomás do Rosário Cabral Born on the 27th of January 1965 in Lacló, Manatuto District Field Coordinator of the Australian Electoral Commission in Dili (2000) Administration Official of the Independent Electoral Commission (2002) Founding Member of the Forum of Electoral Management Bodies of CPLP (2007) Integrated several electoral observation missions to Timor‐Leste and CPLP. Served as Director‐General of the Technical Secretariat for Electoral Administration (STAE) (2002‐ July 2012) Secretary of State for Administrative Decentralization (SEDA) of the V Constitutional Government of Timor‐Leste. Head of Mission to Support the Electoral Process of Guinea‐Bissau (MAPE‐GB) (01.11.13 to 10.06.14) José Agostinho da Costa Belo Pereira Born on the 28th of May 1968 in Baucau. President of the National Election Commission Deputy Head of Delegation (01.11.13 ‐ 20.04.14) Acilino Manuel Jesus Tilman Miranda Branco Born on the 1st of July 1973, in Same, Manufahi District. Director‐General of the Technical Secretariat for Electoral Administration (STAE). Deputy Head of Delegation and Chief Technical Advisor of the MAPE‐GB (04.11.13 ‐ 12.12.14) Alfin Barriky Nurlham Achmad Born on the 17th of July 1991, in Surabaya, Indonesia. Voter Registration Database Officer of the MAPE ‐GB (04.11.13 ‐ 20.04.14)
Bernardo Martinho Natalino Cardoso Born on the 31st of October 1969, in Maliana, Bobonaro District. Training Advisor for the Secretary of State for Administrative Decentralization [since August 2012] Training Officer of the MAPE ‐GB (02.03.14 ‐ 31.05.14) Claudio de Araújo Martins Born on the 30th of September 1972, in Ainaro, Ainaro District. Head of IT for the Technical Secretariat for Electoral Administration. Computer Officer of the MAPE‐GB.
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Diane Cruz Almeida Born on the 6th of March 1978, in Santarém, Pará, Brazil. Adviser for Electoral Training in STAE (UNMIT) (February ‐ August 2007) Adviser for the Director‐General of STAE (PNUD) (August 2013 ‐ March 2014) International Adviser for SEDA (02 ‐ 08.2007, 12.2007 ‐ 02.2013) Training Officer of the MAPE‐GB (4.11.2013 ‐ 27‐04‐2014) Edie Kurniadi Born on the 12th of July 1973, in Surabaya, Indonesia. Voter Registration Database Officer of the MAPE‐GB (04.11.13 ‐ 19.03.14)
Eduardo Casimiro de Deus Born on the 21st of September 1969, in Atsabe, Ermera District Accreditor of Facilitators of BRIDGE [since 2009] Head of Department of the Training and Education of Voters (STAE) [2004 ‐ 03.2013] Director of the Secretariat of Support for the Installation of the Ermera Municipality (since 04‐2013) Head of Training of the MAPE‐GB (04.11.13 ‐ 25.05.14) Eliazaro Teófilo de Araújo Amaral Born on the 30th of August 1985, in Fatuberliu, Manufahi District Finance Officer of the Office of SEDA (since 2012) Finance Officer of the MAPE‐GB (27.02.14 ‐ 19.03.14)
Elisio Verdial dos Santos Ximenes Born on the 31st of January 1975, in Lospalos, Lautém District Head of Department for Technical Support of SAIM Head of Logistics of the MAPE‐GB (02.03.14 ‐ 31.05.14) Elviro Fernandes Moniz Born on the 4th of August 1975, in Iliomar, Lautém District Director General of the Technical Secretariat for Electoral Administration (STAE) Deputy Chief of Operations of the MAPE‐GB (04.11.13 ‐ 31.05.14)
Filomena da Costa Born on the 5th of March 1976, in Cassa, Ainaro District Administrative Assistant of MAE/DNAL Finance Officer of the Office of SEDA (since 2012) Procurement Officer of the MAPE‐GB (27.02.14 ‐ 18.04.14)
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Francisco David Carlos Logistics Officer of the MAPE‐GB (04.11.13 ‐ 20.04.14)
Iris Sofia Cabral da Câmara Belmonte Born on the 15th of November 1980, in Cascais, Lisbon District Graphic Designer for Corpus Editora Technical Advisor of Communication for the Presidential Council of Ministers (PCM) Communications Support Officer of the MAPE‐GB (12.05.14 ‐ 25.05.14) José António da Costa Carvalho Alves Born on the 10th of December 1954, in Dili, Dili District Logistics Officer of DGDA/SEDA Aid to the Head of the MAPE‐GB (04.11.13 ‐ 31.05.14) Leni dos Santos Fernandes Born on the 2nd of November 1984, in Santa Cruz, Dili District Executive Secretary of President of the Republic ‐ Dr. José Ramos Horta (2007‐2012) Protocolo Advisor of SEDA‐MAE (since September 2012) Institutional Relations Officer of the MAPE‐GB (27.02.14 ‐ 19.03.14) Lúcio Freitas Salvador Born on the 12th of July 1970, in Baguia, Baucau District Distric Coordinator of STAE in Baucau Voter Registration Database Officer of the MAPE‐GB (02.03.14 ‐ 18.04.14)
Marcos Evangelista Tilman Born on the 7th of October 1955, in Aileu District. Logistics Support to the Head of MAPE‐GB (04.11.13 ‐ 31.05.14)
Marcos Tadeu Clemente Born on the 23rd of July 1957, in São Paulo, Brazil. Field Officer for the process of military cantonment in Mozambique (UNMOZ) (1992 ‐ 1996) Field Manager of military cantonment in Angola (UNAVEM) (1996‐1999) Electoral Logistics Officer for the Referendum of Timor‐Leste (UNAMET) [1999 ‐ 2004] Logistics Advisor of the Technical Secretariat for Electoral Administration (2004 ‐ 2012) Logistics Officer of the MAPE‐GB (01.11.13 ‐ 20.04.14)
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Maria Filomena de Canossa Henrique Born on the 29th of April 1975, in Dili District. Legal Advisor of STAE. Legal Advisor of the Office of SEDA Legal Consulter in the sector of oil and gas of Arent Fox Legal Advisor for the Vice‐Prime Minister for Social Issues of the V Constitutional Government of the Republic of Timor‐Leste Legal Advisor of the MAPE‐GB (04.11.13 ‐ 20.04.14) Maria Goretti Marques Belo Born on the 30th of June 1978, in Baucau District. Deputy Director‐General of the Technical Secretariat for Electoral Administration (STAE) Responsible for the Procurement of the MAPE‐GB (27.02.14 ‐ 18.04.14)
Mimi Sarmento Lay Born on the 18th of September 1980, in Dili District Heritage Department Officer of the Technical Secretariat for Electoral Administration Logistics Officer of the MAPE‐GB (27.02.14 ‐ 19.03.14) Nuno Filipe Machado Reis Born on the 2nd of December 1979, in Bragança, Portugal. Attorney (Private practice) City Councillor (2002‐2013) Legal Advisor of the Secretary of State for Administrative Decentralization Legal Advisor of the MAPE‐GB (12.05.14 ‐ 25.05.14) Octaviano Fernando Salsinha Born on the 6th of October 1977, in Viqueque District. IT Officer of STAE, Viqueque. Voter Registration Database Officer of the MAPE‐GB (04.11.13 ‐ 20.04.14)
Odete Maria Belo Born on the 10th of October 1973, in Baucau District Head of the Office of SEDA MPAE‐GB (12.05.14 ‐ 31.05.14) Roménia Madeira Pereira Born on the 25th of July 1979, in Poetete, Ermera District Focal Point of the Technical Secretariat for Electoral Administration District Coordenator of the Technical Secretariat for Electoral Administration (STAE) in Ermera IT Officer in the MAPE‐GB (04.11.13 ‐ 20.04.14)
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Rui Manuel de Sá Pinto Correia Born on the 7th of September 1962, in Paranhos, Porto, Portugal. Election Observer of the European Union and CPLP (1992 ‐ 2009) Member of the Peace Mission in Timor ‐ Lusitânia Expresso (March 1992) Observer of the Bilateral Mission for the Referendum of Timor‐Leste (1999) Electoral Logistics Advisor of the the Technical Secretariat for Electoral Administration (STAE) (2007‐2012) Strategic Planning Advisor of the Secretary of State for Administrative Decentralization (since 2012) Communications Support Officer of the MAPE‐GB (12.05.14 ‐ 25.05.14) Samuel Rodrigues Pereira Born on the 18th of February 1980, in Dili District Logistics Officer of the MAPE‐GB (02.03.14 ‐ 18.04.14)
Saturnino Exposto Babo Born on the 22nd of December 1949, in Ermera District. Head of Public Relations of the Technical Secretariat for Electoral Administration (STAE) Logistics Officer of the MAPE‐GB (04.11.13 ‐ 20.04.14)
Túlia Onorina Andrade Jesus Born of the 2nd of October 1980, in Same, Manufahi District. Voter Registration Database Officer of the MAPE‐GB (04.11.13 ‐ 31.05.14)
Vicente A. Garcia de Sousa Born on the 27th of December 1957, in Dili District. Head of Finance of STAE (since 2012) Finance Officer of the Support Office for the MAPE‐GB (04.11.13 ‐ 31.05.14)
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11. INFRASTRUCTURES AND EQUIPMENTS OF GTAPE 55KWA Generator offered by the Timorese Government to the GTAPE building.
GTAPE building recuperated with the support of the Timorese Government
GTAPE BUILDING
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12. ACRONYMS ACNUR ANP AU CEDEAO CNE CPLP ECOWAS ENUDC EUEOM FAO FNUP GTAPE MOEUE OAA OMS OUA PAIGC PALOP PAM PIANZEA PIANZEA PNUD STJ STAE UA UE UEMOA UNPFA UNOGBIS UNDP UNHCR UNICEF UNODC UNV UN Women VNU WFP WHO
Alto Comissariado das Nações Unidas para os Refugiados (Ver UNHCR) Assembleia Nacional Popular African Union (Ver UA) Conselho Económico para o Desenvolvimento da África Ocidental Comissão Nacional de Eleições Comunidade de Países de Língua Portuguesa Council for Economic Development of West Africa (Ver CEDEAO) Escritório das Nações Unidas sobre Drogas e Crime (Ver UNODC) European Union Electoral Observation Mission (Ver MOEUE) Food and Agriculture Organization (Ver OAA) Fundo das Nações Unidas para a População (Ver UNPFA) Gabinete Técnico de Apoio ao Processo Eleitoral Missão de Observação Eleitoral da União Europeia Organização para a Agricultura e Alimentação (Ver FAO) Organização Mundial de Saúde (Ver WHO) Organização da Unidade Africana Partido Africano para a Independência da Guiné e Cabo Verde Países Africanos de Língua Oficial Portuguesa Programa Alimentar Mundial (Ver WFP) The Pacific Islands, Australia and New Zealand Electoral Administrators Network (Rede de Órgãos de Administração Eleitoral das Ilhas do Pacífico, Austrália e Nova Zelândia) Programa das Nações Unidas para o Desenvolvimento Supremo Tribunal de Justiça Secretariado Técnico da Administração Eleitoral União Africana União Europeia Economic and Monetary Union of West Africa United Nations Population Fund (Ver FNUP) United Nations Organization in Guinea Bissau United Nations Development Programme (Ver PNUD) United Nations High Commissioner for Refugees (Ver ACNUR) United Nations Children's Fund United Nations Office on Drugs and Crime (Ver ENUDC) United Nations Volunteers (Ver VNU) United Nations Entity for Gender Equality and the Empowerment of Women Voluntário das Nações Unidas World Food Programme (Ver PAM) World Health Organization (Ver OMS)
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