Will there be impartial elections? [Archives:2006/960/Opinion]
Abdulbari Taher
With a dialogue lasting for more than two months, the ruling General People's Congress (GPC), headed by President Saleh and the Joint Meeting Parties (JMP) have signed an agreement on “elections impartiality,” which is the first of its type in the Arab world and perhaps in other Third World countries as well.
GPC's signing of such an agreement indicates a lot, for election impartiality is a right guaranteed by the constitution and laws. Though both the constitution and legislated laws may be imperfect, the defects of these statutes can be reviewed and discussed by parliament. Yet, the moody and angry nature of the ruling party have made this important issue the battle of all battles.
From the start of this year, the differences between the ruling party and the opposition have mounted to the point that the opposition has hinted at revolution. GPC's signing of the agreement on elections is considered to be a confession of the flaws in the elections mechanism and a decision to abandon its policy of not tolerating criticism of the Supreme Commission for Elections and Referendum (SCER). It is in fact a tactic and partial retreat. Yet, the agreement remains important on the grounds that the GPC implicitly admits misconduct and expresses an interest in fixing the problem and maintaining dialogue.
The JMP also retreated in its allegations that the SCER is but a toy in the hands of the ruling party, partial, dependent, and biased. For accepting the participation of two JMP membes on the committee does not mean that this partisan committee will suddenly become unbiased and independent. Ironically, this agreement will diminish the claims of opposition parties and decrease the credibility of their demands. Though interpreted to be mindful of the democratic process, JMP's decision to participate in the elections imposes further burdens on an already confused opposition.
Achieved by dialogue, the agreement is considered an important accomplishment, yet what is more important is the commitment to this agreement to the letter and in action. Those who follow Yemeni politics know very well that Yemenis are experts in penning agreements, yet their difficulty lies in realizing the substance of these agreements.
Agreement on going to voting boxes for presidential and local elections is not insignificant, but what is more essential is that these elections are impartial, free, and transparent. So, does the agreement live up to these aims? When the GPC allowed the SCER to be a subject of dialogue, the opposition decided to participate in a committee which has had its legitimacy called into question.
Lets leave all this aside and read the details of the agreement where the first item states that two more members will be added to the seven-member committee to make it a nine-member committee. This action requires a constitutional amendment. The two extra members will be chosen from among those selected previously by parliament, when the committee was formed. The agreement calls for the division of the supervisory, primary, and subcommittees with 54 percent of positions for GPC-backed members and 46 percent for opposition parties members.
The GPC considers the agreement to be a waiver since it still clings to its right to name parliamentary chairs. Moreover, GPC's acceptance of checking voter registration lists to eliminate errors was a significant concession.
The fourth article of the agreements stipulates that publicly owned media will remain impartial and that all parties and political organizations will participate in the elections. Other articles relate to control and transparency. Parties are to be provided with electronic copies of registered voter lists.
What is dangerous in this accord is the collusion to sideline woman by using floating formulas instead of allotting a definite number of posts for women. Article 11 should represent gender equality within society.
It is necessary to support Yemeni woman, defending their constitutional and legal rights without any condescension. “Women are half-brothers of men,” and all parties and political organizations should consider women's political participation a national goal.
Article 11 does not go beyond preaching and a call on women to participate, a style suitable if voiced by a preacher or human rights defender, but not in a draft law. For a clause like “Women are half-brothers of men,” which was adopted from the Yemeni constitution amended following the 1994 war, is a meaningless chatter.
The awfulness of this text lies in the fact that it promises more than it really will give. What is more appalling is the fact that women, though comprising 55 percent of the Yemeni population, are represented by a single woman in a parliament containing 301 members. Though the ruling party and the opposition agree upon women's rights, we find the text to be more a sermon than a code, and mere promises exist where there should be definitions and commitments.
In many Yemeni areas, women are deprived of inheritance and most Yemenis contrive to leave women penniless. It seems that even her rights of voting and nominating are manipulated.
Though they speak of the impartiality of the allocation of public sector jobs, the legitimate use of public money, and the neutral role of the army, what is more pressing is the level of practical commitment to this agreement. The agreement bans the use of public funds on publicity campaigns, even though it is difficult to distinguish public money from personal property. We find that GPC leaders behave as if state institutions were their own property, while merchants contributed one billion Yemeni Riyals to support Saleh's campaign.
The agreement also disallows the use of public institutions and mosques for electoral propaganda. Though prohibited in extant election laws, emphasis upon this issue indicates that there has been abuse. In reality, the agreement is no more than analgesic, a medicine to tranquilize the tensions of political life, which are coming to a climax.
What is positive is that the “antagonist brothers,” the ruling party and opposition, have managed to compromise. Further, the choice of resorting to dialogue even in a minimal degree is another encouraging act. While the GPC sinned by refusing the principle of dialogue, the opposition's flaw manifested itself when it increased its demands, then retreated and accepted a substandard agreement.
As for comprehensive reform issues, they were set aside and compensated for in the agreement by promised legal amendments or in laws suspended until after the elections take place. The issues relate to the formation of the SCER from a pool of impartial and competent judges, reforming the administrative and technical apparatuses of the committee, and finalizing the civil register.
It seems that this agreement represents a detente for the GPC, while it has become a impasse for the opposition parties since they now should accept the SCER's election results, as they are a participant in it is activities. Furthermore, the opposition should nominate their presidential candidate, and agree on the names of its nominees in the governorates.
Abdulbari Taher is a Yemeni Journalist and the former chairman of Yemeni Journalists Syndicate.
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[archive-e:960-v:14-y:2006-d:2006-07-03-p:opinion]
