PRELIMINARY REPORT

In line with its mission to strengthening the democratic process, and in accordance with article 25 of its founding law (Dahir # 1-11-19, dated March 1, 2011), the (Moroccan) National Human Rights Council (CNDH) carried out independent and neutral observation of the parliamentary elections of 25 November 2011.

Chairing the Special Commission for the Accreditation of Election Observers, the National Human Rights Council supervised the accreditation of national and international observers who carried out independent and neutral observation of the parliamentary elections, in accordance with the provisions of Law # 30.11, laying down the conditions and the terms of independent and neutral election observation.

The National Human Rights Council mobilized 227 observers, supervised by 28 regional coordinators, over a period of 15 days. In addition, a 12-members central unit was created within the Council to follow up the operation in 92 election constituencies, 742 communes, 926 polling stations, 206 central offices and 82 provincial counting committees.

CNDH observers filled out:

• 3054 questionnaires related to the election campaign;

• 245 questionnaires related to the use of meeting places provided by the State or local authorities for candidates or political parties, under the Organic Law of the House of Representatives;

• 1388 questionnaires related to the various polling stages, from the opening of the polls until the announcement of the results by the national counting committee.

The preliminary findings of CNDH independent and neutral election observation are presented below:

1. Methodology

The National Human Rights Council opted for the observation of all local electoral constituencies (92), thus covering all categories (constituencies of 2-6 seats). The identification of urban and rural communes to be observed within each local constituency took into account the provisions of paragraph (c), article 2, of the Organic Law of the House of Representatives.

Other general criteria were taken into consideration. For administrative and demographic reasons, the capital town of the province- constituency was selected automatically in the sample.

The population and the electorate breakdown between the communes were taken into account as well.

Other more specific considerations determined CNDH’s approach. These specific parameters capitalized on the conclusions of the observation reports of the 2007 parliamentary elections and the 2009 municipal elections, drafted by the former Advisory Council on Human Rights, and the observation report of the 2011 constitutional referendum, drafted by the National Human Rights Council.

The choice of specific considerations is justified by the assumption of interdependence of human rights. Within this framework, were covered in the various regions:

• at least one commune with higher vulnerability rate;

• communes where there was a significant rate of abstention in recent elections, to analyze the trends of the voting behavior;

• communes with frequent collective activities calling for access to political, economic, social, cultural or environmental rights;

• communes with specific economic activities that require the workforce to move from one place to another (fishing villages, etc.). This specific parameter was chosen to test the impact of this fact on the practice of the right to vote by people involved in such activities;

• communes that are either not easily accessible or located in nomadic areas, to test the impact of this fact on the practice of the right to vote;

• communes with electoral vulnerability (frequency of electoral offences, high rates of electoral legal actions etc.).

2. Provisional conclusions based on the preliminary analysis of the election campaign questionnaires

CNDH observers completed 3054 observation questionnaires related to the election campaign and 245 questionnaires related to the use of gathering places provided by the State or local authorities for candidates or political parties on an equal footing.

On the basis of this preliminary analysis the following conclusions were reached:

• Removal of election posters

80% of the directly observed 5171 cases of election posters removal are attributed to voters. Further analysis will help verify the validity of the hypothesis that explains these actions by the dissatisfaction with the candidates’ offers.

• Verbal and physical violence

Verbal violence prevailed the 372 directly observed cases of violence (verbal abuse, discriminatory comments, defamation, etc. in 91.3% of the cases). This confirms the lack of political ethics reported before the election period.

Most reported physical violence cases can be classified in two main variants: violence between candidates and their assistants at meetings, marches and processions, or the interventions of the campaign teams of the different candidates, and the public forces against activists calling for the boycott of the elections, especially between 18 and 20 November 2011.

The typology of violence cases reported during the election campaign proves the relevance of the recommendations previously made by the Advisory Council on Human Rights and currently by the National Human Rights Council, aiming to regulate the condition of electoral assistants by giving them the status of fixed-term contract employees.

• Distribution of donations and gifts and other offenses to influence and persuade voters

45.42% of the 317 cases of distribution of donations and gifts were in kind donations.
The tightening of punishment associated to this type of election offenses explains the change observed in the nature of donations (decrease of cash donations) and the distribution of donations during the pre-campaign period by people associated with a candidate to the parliamentary elections.

The frequency of the observed distribution cases confirms the strong correlation between poverty, socio-economic vulnerability and the strong disposition of some electorate segments to receive donations to influence their decision to vote.

• Use of resources belonging to different public entities and the public facilities and bodies governed by Law # 69.00, related to State Financial Control

Of the 89 cases directly observed, 61.79% of used resources belonged to local authorities. This percentage confirms the strong correlation between the holding elective offices (particularly at the communal executive) by candidates and the tendency to mobilize resources of the communal administration in the election campaign.

• Correlation between electoral infractions and electoral vulnerability

The spatial analysis of the locations of electoral infractions illustrates the strong correlation between electoral vulnerability (frequency of disputes, complaints and infractions) and the socio-economic vulnerability. This correlation demonstrates the interdependence of fundamental human rights and the impact of lack of access to economic, social and cultural rights on the free exercise of voting as a political right.

• Emergence of gender-sensitive programs

CNDH notes with satisfaction the gradual emergence of gender-sensitive programs. The methodological approach adopted in the collection of data related to this aspect opted for direct observation of political parties’ programs and offers, broken down to local constituencies and conveyed through the activities of the various election campaigns.

The preliminary analysis of collected data shows that candidates’ programs were indeed gender-sensitive. The frequency of themes such as equality between men and women, children’s rights, rights of persons with disabilities and the rights of the elderly is a significant indicator in this regard.

• Use of public places

Out of the 226 observed cases, CNDH observers reported five cases where the use of public places was prohibited, two cases of which concerned parties calling for boycott. Aware that the provisions of article 37 of the Organic Law of the House of Representatives apply only to parties participating in the elections, CNDH underlines that public authorities, duty bearers in terms of human rights, are required to apply the provisions of Law # 76.00 on public gatherings and Law # 77.00 considered as the Press and Publishing Code with respect to activities aiming to promote or disseminate abstainers’ opinions.

Cases where there was a breach of the public order at demonstrations and public gatherings, held as part of the election campaign, were relatively few (24% of observed gatherings). They were primarily verbal (defamation, insults, etc.) and committed by electoral assistance teams. Cases of damage to property and harm to individuals are statistically insignificant.

3. Provisional conclusions of the analysis of polling day-questionnaires

CNDH observers filled out 1,388 questionnaires covering the different voting stages (from the opening of polling stations until the announcement of the results by the provincial counting committee).

Below are presented some tentative conclusions based on the preliminary analysis of the polling day questionnaires.

• Location of polling stations

95% of the polling stations observed were located in public buildings, with a few exceptions. These exceptions are statistically insignificant but qualitatively significant. Two stations were located in a religious building (zaouïa), or the premises of a delegated company that supplies drinking water.

• Proximity of polling stations

9% of the polling stations observed were more than 4000 m away from the electorate concerned. Most of these stations were located in remote communes or where the population density is low.

• Parity in polling station membership

CNDH observes reported that the number of women chairing the board of polling stations was low. The rate of polling stations chaired by women did not exceed 2% of the total number of polling stations observed.

• Preliminary assessment of accessibility to polling stations

Direct accessibility to polling stations was generally guaranteed, given the fact that they were located on the ground floor of buildings dedicated to the polls. However, 42% of CNDH observers, trained to assess the equipment of polling stations according to the concept of universal accessibility, considered that these stations were not properly equipped to accommodate voters with disabilities.

• Assessment of the competencies of the chairs of polling stations

According to the analysis of how voting and counting procedures were respected, the Council concluded that the competencies of polling station chairs improved significantly, in comparison to the 2007parliamentary elections, thanks to the quality of trainings provided by the authority in charge of election organization.

However, CNDH observers reported some deficits. Some chairs considered the notice citizens received as a main document required to cast ballots, contrary to the provisions of article 70 of the Organic Law of the House of Representatives. Some polling station members allowed voters to vote with identity documents other than the National Identity Card, or did not verify the identity of individuals accompanying persons with disabilities. Others failed to mark the fingers with the indelible ink (275 cases), or to burn the valid ballots after counting them and drafting the minutes.

• Voting by proxy

This mechanism was used only in two cases out of the 847 polling stations observed. We need, therefore, to think of alternative mechanisms to facilitate the participation of Moroccans living abroad, such as electronic or posting voting.

• Types of irregularities reported during the polling day

The preliminary analysis of the questionnaires helped identify several types of irregularities committed primarily by the electoral assistance teams, and sometimes by the candidates themselves.

Among the most frequent infractions the distribution of posters and leaflets (4% of the cases observed), the use of false and slanderous rumors to persuade the votes (25%), threatening gatherings or demonstrations (2% cases), distribution of donations and gifts to persuade the vote of one or more voters (4%), entering mobile phones or other communication means to the polling stations (10%), acts of violence committed against members of the polling stations (1%).

• Remarks on the procedure of counting of votes and announcement of results

The analysis of questionnaires, filled out by CNDH observers, shows that these procedures were generally respected. Polling station chairs or the other persons they designated counted the ballots as they should. In 7% of cases, the counting was slightly delayed for various reasons, including the interruption of electrical current. Most of the present candidate representatives received their copies of the minutes. In 2% of the cases observed, polling station chairing officials refused to give copies of the minutes.

Conclusions

On the basis of the analysis of the 4,687 questionnaires filled out by its observers covering the election campaign, the use of public places and the casting of ballots, CNDH considers that the Moroccan parliamentary elections, held on November 25, 2011, took place in an atmosphere that offered all freedom, fairness and transparency guarantees.

It commends the turnout that improved significantly and considers it as a strong indicator of citizens’ interest in the process of on-going political and institutional reforms.

The reported irregularities are statistically insignificant and do not mar, in any way whatsoever, the credibility and fairness of the elections.

The National Human Rights Council wishes to recall the recommendations of the CCDH observation reports (2007 parliamentary elections and 2009 municipal elections) and previous CNDH observation report (2011 constitutional referendum), which are still relevant.

These include recommendations to facilitate the enrollment on the electoral lists, the participation of nomads, prisoners who are not deprived from the right to vote, hospitalized persons, naturalized Moroccans, etc.

Recommendations related to the strengthening the participation and representation of women and the youth are still relevant, especially with the provisions of the new constitution which entrench the principle of parity and the centrality of Moroccan youth issues, not to mention the right of persons with disabilities.

National and international observation of the elections is enshrined in the constitution and governed by specific law. Nevertheless, considering its experience, the experience of the Special Commission for the Accreditation of Election Observers and the lessons learned following these elections, CNDH sees that Law 30.11 shall be assessed and possibly amended.

The (Moroccan) National Human Rights Council commends the efforts that have been made to promulgate laws since the last constitutional revision, which allowed, according to political actors and observers, Moroccans to choose their representatives freely. It is necessary to accelerate the reform of the legal arsenal governing elections, especially in the field of electoral economy and the delimitation of local electoral constituencies.