EOHR issues its second report on the parliamentary elections Monitoring the submission of candidacy for the parliamentary elections
November 8th, 2010 by Editor
The Egyptian Organization for Human Rights monitored the submission of candidacy for the parliamentary elections which was characterized by the predominance of bureaucratic procedures in the acceptance candidacy papers, and the absence of a competent committee on defining the conditions and documents of candidacy, making this stage subjected to domination by the Security Directorates, as different deadlines for the opening and closing of the Directorates varied from one to another, also the required papers and documents are varied as well, this is occurred in the absence of the committees formed by the Ministries of Interior and Justice to examine documents and papers required for the nomination, besides the complete absence of the role of the Supreme Commission for Elections. Despite these observations, opposition parties and the Muslim Brotherhood succeeded in submitting their nomination papers, and accepting the candidacy papers on women seats, besides some harassments for independent candidacy.
5720 candidates ran for elections and submitted their papers over the last five days. The most prominent notes on the stage of opening the door for candidacy (3-7 Nov )are as follows:
First: It is noted that the law did not entrust to the Supreme Commission for Elections the competence of receiving applications of candidacy for People’s Assembly membership unlike the Presidential Election Commission,
Second: the law didn’t entrust to the Supreme Commission for Elections the competence of examining applications for the nomination.
Third: The ministry of Interior’s decision No. 2126 -2010 to open the door for elections didn’t specify papers and documents to prove the status of nomination.
Fourth : The candidacy stage was run under the full supervision of Ministry of Interior in a full absence of the committee formed to examine candidacy’s applications and to decide the candidate’s capacity, this committee is formed by the provisions of article 8 of law No. 38 -1972 on People’s Assembly.
Fifth: As for the candidacy conditions, the amendments made for law No. 175 -2005 on People’s Assembly with amending Paragraph Four vitiated by a breach to equality before the law stipulated in article 44 of the constitution.
Sixth: Violating the rules of the supreme commission for elections:
Muslim Brotherhood announced its program under the slogan entitled ” Islam is the solution” the group justified this slogan -despite the committee banned any religious propagandas- as it conforms with the constitution, law and judicial provisions.
In this regard, EOHR confirmed that the insistence of the Muslim Brotherhood to use of religious slogans is “a challenge” to the decisions of the Supreme Commission for Elections and “a violation” to the amendments to the law on the exercise of political rights.
As for the monitoring process, EOHR’s staff monitored the first stage for elections from the first day till the fifth day although they were prevented to access to most of security directorates as follows:
- 1. Despite the continued security presence in most governorates , opposition parties and the Muslim Brotherhood could submit their papers to the security directorates. This is what observers of EOHR monitored in the Egyptian governorates (Aswan, Fayoum, Ismailia, Qalyubia, Qena, Kafr El-Sheikh, Giza).
- 2. On the other hand, observers noticed that candidacy papers were not received for some representatives of the Muslim Brotherhood candidates and independents in some districts in the provinces in the first and second day but were accepted on the third day, For example:
– Fayoum Governorate:
On the second day Brotherhood candidates organized a demonstration so that they can submit their own papers, and their papers were accepted on the same day.
Refusing the papers of idependent candidacy “Mahmoud Ali Abu Ghaba in Imbaba constituency in the first and second day, however these papers were accepted in the third day.
In Imbaba district in Giza Governorate candidate “youssef Hassan Shehata” was prevented from candidacy as he submitte his papers on Sat 6/11 with the electoral ID issued in 5/9/2010 with the national ID, his papers were accepted in the third day.
- 3- EOHR’s staff monitored the non receiving of papers for some independent candidates in 4 governorates ( Giza, Sohag, Helwan and 6th of October)
- 4- EOHR’s staff monitored the different appointments stated to close the poll stations of receiving candidates’ papers.
- 5- EOHR’s staff monitored the prevention of some administrative sides to give papers and documents required for candidacy.
- 6- Also EOHR’s staff monitored the delay of assigning the electoral symbols for some independent candidates.
7. EOHR representatives monitored the refusal of the issuing of the electoral ID of some of the candidates in some governorates, despite that they won a court ruling from the administrative court.
At Helwan constituency the issuing of the electoral ID for Mr. Abd El Monem Mahmoud(2nd constituency), Mr. Shaheer Abd El Shafei( Al Kota constituency) and Mr. Ashrah Abd El Monem El Gebaly were refused by El Maadi police station. At the 2nd constituency of Al Maadi, the police station refused to issue a rose ID for Hasan Mostafa El Saied, although he has a certificate from the Egyptian Trade Union Federation.
Also Mr. Ahmed Rabei Mahmoud (4th constituency-Atfeh) couldn’t have his electoral ID from the police station, due to the refusal of the officer to surrender the electoral ID to him. So Mr. Ahmed filed a case to obtain his electoral ID, and he takes the judicial decision to the police station, but still they refused to give him his electoral ID. At El Saf constituency, Mr. Wael Awad Abd El Karim faced the same destination.
In this context, EOHR recommend that:
- – The supreme Commission on Elections shall have a definite role concerning receiving complaints, and defining papers needed for being candidate.
- – Applying article no. 8 of the law no. 38 for 1972, amended to law no. 175 for 2005 concerning council of parliament, providing that “the necessity of the existence of a committee or more in each governorate headed by one of the members of the judicial system, and the membership of one of the members of the judicial system of lower degree, and both of them shall be chosen by the minister of justice. So that the ministry of interior will not have a complete hand over chosen members of the committee.
- – The administrative organs shall give up its bureaucracy, as this help in hindering the process of candidacy for some candidates.
- – Muslim Brotherhood shall be obliged to the rules of the Supreme Commission on Elections, with regard to using religious slogans during electoral campaign.
- – All security directorates shall be obliged to the due date for the end of receiving the candidacy applications.
-The necessity of amending the law of Exercising Political Rights to permit NGOs representatives to monitor the electoral process since the date of opening of the candidacy to the date of announcing results.
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