2002 Report of the PIANZEA Network Workshop

Introduction

With the funding support of AusAID, the Australian Electoral Commission (AEC) through the Pacific Islands, Australia and New Zealand Electoral Administrators' Network Secretariat organized and conducted the 2002 PIANZEA Workshop in accordance with the Record of Understanding (ROU) "Meeting With Pacific Islands, Australia and New Zealand Electoral Administrators (PIANZEA)".¹ The ROU required a report and certified statement acquitting the funds be provided to AusAID on completion of the project. A copy of the ROU is attached.

The AusAID publication Good Governance, Guiding Principles for Implementation, states that "good governance is an essential precondition for sustainable development". A key component of good governance is the conduct of free and fair elections by strong, independent and professional electoral administrations. By assisting the electoral administrations in the Pacific, Australia benefits through the promotion and maintenance of stable democracies within the region in which it is located and with which it has major influence.

The past decade has seen Fiji and a destabilised Solomon Islands descend into conflict, there are also indications that countries such as Papua New Guinea (PNG) and Vanuatu are themselves very vulnerable.

In an effort to assist in the stabilisation of this region the Australian Electoral Commission has sought to be actively involved in the Pacific region, providing technical assistance in a number of countries with the aim of developing strong, independent and stable electoral administrations. The foundation for much of this assistance has been the creation of the Pacific Islands, Australia and New Zealand Electoral Administrators' Network (PIANZEA) in 1997. PIANZEA was founded as a joint venture, with the support of the Australian Agency for International Development (AusAID), the International Institute for Democracy and Electoral Assistance (IDEA), the New Zealand Justice Ministry and the Australian Electoral Commission (AEC).

Background

The Pacific Islands, Australia and New Zealand Electoral Administrators Network, or PIANZEA, is a semi-formal association of electoral administrators working in the Pacific region. The network was founded at Korolevu, Fiji in October 1997.

The goal of the PIANZEA Network is:

To continue and maintain in the Pacific spirit, a close association of Pacific Electoral Administrators within an established networking arrangement to facilitate and encourage the free flow of electoral information among member countries and to provide assistance where possible.

The founding document of the network is known as the Warwick Declaration. The declaration was made at the Warwick Hotel, Korolevu, Fiji on 10 October 1997. Following is the text of that declaration:

The participants at the South Pacific Electoral Administrators Conference hereby unanimously and collectively declare that it is indeed our joint commitment to continue and maintain in the Pacific spirit, a close association of Pacific Electoral Administrators with a view to establishing a networking arrangement to facilitate and encourage the free flow of electoral information among member countries and to provide assistance where possible.

Before the 2002 Workshop the following administrations were recognised as being members of PIANZEA:

American Samoa, Australia, Cook Islands, Fiji, French Polynesia, Guam, Kiribati, Federated States of Micronesia, New Caledonia, New Zealand, Niue, Republic of Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Vanuatu and Wallis and Futuna.

Due to inclement weather Tuvalu, Nauru and the Marshall Islands were unable to attend the 1997 Workshop and were also unable to attend the 2000 Workshop. Their inability to attend either Workshop meant they were not able to formally join the network.

Tuvalu, Nauru, the Marshall Islands and East Timor joined the Network at the 2002 Workshop. See Motions Moved below.

The second meeting of the network was held in Brisbane in 2000. The word "conference" was replaced with "workshop" to indicate that the Network was not just about meeting together every two years but that such meetings would provide the impetus for reform and improvement within the each administration in the region.

The Secretariat for the PIANZEA Network is hosted by the Australian Electoral Commission within the International Services Section.

Invitation to the Independent Electoral Commission of East Timor to attend the 2002 Workshop

An invitation was extended to the newly formed Independent Electoral Commission of East Timor. After discussions with the Timorese and members of PIANZEA, it was decided that an invitation should be extended to the IEC to attend the PIANZEA Workshop. It was felt that the Timorese have more in common culturally, administratively and logistically with their Pacific counter-parts than with their counter parts in Asia.

Funding Support

Funding for the workshop was provided by the Australian Agency for International Development (AusAID). AusAID funds provided for the attendance of one delegate from each electoral management body (EMB), Workshop administration staff, presenters and facilitators. Electoral management bodies were invited to send other delegates, who were to be self funded.

AusAID funding was not to exceed $162 967.39. The overall cost of the Workshop was $147 624.33. A separate acquittal and invoice for the Workshop is enclosed.

Theme

The theme of the Workshop was "The exchange of ideas leads to new ideas". This was a quote from a participant at a Federated States of Micronesia voter registration conference held in October 2001 in the State of Chuuk in FSM. This remark was not only appropriate to the Workshop but was very much in tune with the PIANZEA Network Goal, Objectives and method of operation.

Location, Structure and Agenda

Location

The network has always acknowledged the need for its activities to be centered within the region and to be driven by all participants. Fiji was chosen as the location for the workshop as it was cost effective and is a central point in the Pacific, located as it is, at the junction between Melanesia, Polynesia and Micronesia.

Focus

The 2000 Workshop in Brisbane Australia developed a set of business plans for the Network. The Business Plans are composed of seven components:

1. the development of a PIANZEA Business Plan itself;
2. the development of detailed election planning checklists;
3. training of electoral staff;
4. the establishment of benchmark costs of elections;
5. the use of information technology;
6. the identification of election material and equipment suppliers within the region; and
7. the development of plans to promote the transparency, accountability and disclosure of funding for election campaigns.

The 2002 Workshop provided the opportunity to highlight and promote three distinct but related activities stemming from the business plans and from discussions with Network members; the computerisation of voter registration systems, the Electoral Administrators Course (BRIDGE) and the need for legislative review. A fourth was added, observation of elections, to acknowledge the increasing impact electoral observation has had in the region.

Structure

It was important that the 2002 Workshop used a different methodology to previous workshops so that the experience of the participants would be different from previous Workshops. It was also important to maximize the learning experience for all involved. The 2002 Workshop used elements of the Building Resources In Democracy, Governance and Elections course (BRIDGE) as a framework to conduct the workshop. In this way we not only were able to demonstrate BRIDGE but also conduct the sessions in a practical way.

A copy of the agenda is attached.

Following is a summary of the topics addressed at the Workshop.

BRIDGE – Building Resources In Democracy, Governance and Elections

During the last ten years or more, requests for international electoral training assistance have been increasing. This training has often been conducted by outside agencies, but an accepted common curriculum has not been available.

These agencies are gradually recognising that the building of a strong, stable and sustainable electoral administration capacity in-country, is much more important than the provision of electoral assistance by foreign experts.

In recognition of this the AEC in conjunction with the International Institute for Democracy and Electoral Assistance (IDEA) and the Electoral Assistance Division of the United Nations (UN) has developed a course and conducted it (either in total or in part in East Timor, Papua New Guinea and Fiji). Initially, the course was delivered by international facilitators, however it is intrinsic to the sustainability of the course that national facilitators be accredited in order to be a future resource in their country of origin.

The course is particularly suited to the needs of the Pacific region electoral management bodies. Therefore it was decided that it was important, not only to talk about BRIDGE and its potential but also to demonstrate it at the Workshop. Following is a brief outline of the course:

Aim

To provide a forum and resources for enhancing expertise in electoral administration and ensuring the sustainability of electoral processes by developing the capacity of a trained corps of professionals.

Objectives

• to enhance the skills and confidence of election managers;
• to increase the awareness of key election management tools and resources;
• to develop a network of information and support for election managers; and
• to encourage participants to support each other by sharing experience in electoral administration.

Target Audience

The primary target group of the course is practicing election administrators.

Values

The BRIDGE Course is based on the following values:

• It acknowledges the importance of building local electoral administrative capacity in participant countries;
• It acknowledges and values diversity of experiences and operational environments;
• It encourages dialogue and participation to identify excellence in electoral administration and sharing of knowledge;
• It is supportive, rather than prescriptive, in building individual participants’ skills and expertise; and
• It encourages participants to be responsible for their own learning.

Methodology

The BRIDGE Course:

• builds the preparation and planning skills necessary for sound electoral administration;
• encourages the participation and communication skills necessary for effective electoral administration;
• builds the capacitybuilding skills necessary for sustaining electoral administrations;
• delivers learning materials using adult learning principles, focusing on a mix of theory, practice, activity and reflection to cater for individual learning styles;
• uses the services of trained facilitators, along with electoral experts, to co-ordinate the course; and
• can be conducted as a comprehensive course or as stand-alone modules.

The Course is highly participative, and can only be delivered by accredited facilitators. A separate training program for the accreditation of facilitators has been developed as part of the BRIDGE project.

The use of a modified BRIDGE course and its methodology to conduct the Workshop was an outstanding success. Participants were able to get a feel for the course and its potential use to themselves and their staff. The methodology used was also of great benefit in giving participants a better understanding of the other topics on the agenda and the underlying principles on which they are based.

Code Of Conduct

Using group work the workshop participants developed a code of conduct for the members of the PIANZEA Network. Delegates took back with them the Code of Conduct to implement within their administrations. Following is the agreed Code of Conduct:

PIANZEA Network Code of Conduct

• Respect for the law
• Respect for human rights and equality
• Respect for the community, culture, customs and traditions
• Behave in a way that builds public trust
• Must not be or be seen to be politically active
• Ensure visibility and transparency for all processes
• Act honestly at all times
• Act with impartiality in decision-making and declare any conflict of interest
• Be professional, knowledgeable and display integrity
• Be responsive, accurate and decisive
• Be polite, firm, efficient and effective
• Do not compromise the secrecy of the ballot

On a recent technical assistance assignment in the Federated States of Micronesia (FSM), AEC officers observed that the Code of Conduct had now been implemented in all the electoral administrations in all four States of the FSM.

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The Electoral Process Information Collection (EPIC)

"The Electoral Process Information Collection (EPIC) Project is an online database of election related information. EPIC presents consistent and comparative country – by -country data on electoral systems, laws, management, and administration. This information is essential to compare how elections are regulated, organized, and administered in different countries. It is a living document which will be continually updated and expanded."²

Existing topic areas are:

• Electoral systems
• Legislative framework
• Electoral Management
• Voter Registration
• Voter Education
• Parties and candidates
• Boundary Delimitation
• Voting Operations
• Vote Counting

EPIC collection and assimilation points are being structured into regional hubs. For example a hub exists within Eastern Europe, another is being established within the PIANZEA Network based within the PIANZEA Secretariat. This means the responsibility of gathering and maintaining the data for the Pacific region will be the PIANZEA Secretariat. This in effect will make systematic what the PIANZEA Secretariat already now does. The information which currently is available to the Secretariat will now be available to researchers and other electoral administrators around the world.

The 2002 Workshop presented an ideal opportunity for the initial research interviews to be conducted with the representatives of the EMBs in attendance.

Ms Anna Fogelmarck the EPIC Project Manager attended the Workshop and with the assistance of the PIANZEA Secretariat conducted the information collection interviews. Representatives from all EMBs were interviewed over the week. The PIANZEA Secretariat will now follow up this initial research and finalise the research, ready for input into the EPIC database.

Voter Registration

"The right of all adult citizens to participate in the affairs of their government is one of the cornerstones of democracy. Perhaps the most fundamental form of participation is the right to vote in free and fair elections. The ability to exercise the democratic right to vote is premised on the existence of a comprehensive and inclusive electoral register (or voters list), which is rigorously maintained to ensure, as much as possible, that each eligible citizen is registered to vote once and only once…"³

A voter register is simply a list of people who are allowed to vote at a particular election. There are two important principles that must be considered when undertaking voter registration. The first is that the system used should be capable of including all potential eligible electors. The second principle is related to the first, that is, the system should ensure that electors who have registered are not excluded from the voter list.⁴

Electoral reform is one of the key areas of governance reform required in the Pacific region. The major task undertaken by an EMB is voter registration. Techniques for registration in the Pacific are very out of date and are unable to cope with the huge challenges presented by the rapidly changing social, political and cultural situation. In response to this the AEC has developed a generic voter registration system which is a tool and a process which is ideally suited to the challenges posed by the region.

The Voter Registration System (VRS) is designed so that it is:

• Simple to maintain (within the resources of the election management body);
• Supportable;
• Adaptable to different countries and situations;
• Able to connect to a variety of databases;
• Able to convert existing data; and
• Consist of independent modules.

The Voter Registration System has been successfully used in the Federated States of Micronesia, East Timor and in the Solomon Islands. The organizers of the Workshop decided to invite the Election Commissioner for the State of Pohnpei, in the Federated States of Micronesia to assist in the demonstration of the VRS and to share his experience in initiating a reform project, gaining the support of his government and establishing a reform process within his country.

Also sharing the presentation was the designer of the VRS, Rod Medew (Director Research at the AEC) and Alistair Legge (PIANZEA Secretary and Project Officer International Services in the AEC). Both Mr Legge and Mr Medew have worked together and apart on projects where the VRS has been implemented. Mr Medew and Mr Legge have also worked closely with Mr Stevenson on the development and implementation of the voter registration project in FSM.

The first voter registration session of the workshop dealt with the general principles of registration using the BRIDGE format. The second session dealt specifically with the VRS and the FSM case study. Interest in the VRS was extremely high. Of the fourteen countries represented at the workshop, thirteen (including FSM) requested the VRS.

Mr Stevenson's contribution was significant. Not only was he able to describe to everyone the project undertaken in FSM but was able to show how a small agency within a small country can make a significant difference to the governance of that country.

Electoral Law Reform

As administrative reforms take place throughout the region, often through the means of technical assistance projects, it has become clear that reform of practices and the development of systems cannot take place in isolation. Many PIANZEA countries are former colonies whose laws have been little changed for decades. These laws are often direct lifts from the legislation of their colonizers. Quite simply, the legislation is often culturally and socially inappropriate, outdated and unable to cope with the political, social and cultural demands of today.

One of the themes that was stressed throughout the Workshop, was that reform of administration takes time and constant effort. The success of these reforms requires the support of the legislature and that electoral administrations have a role to play in providing sound advise to legislatures with regard to electoral matters.

Mr Michael Maley, the Director of the International Services Section in the AEC has extensive experience in electoral legislation and electoral law reform both within Australia and around the world. Mr Maley was invited to present a session on electoral law reform. Following is an outline of his talk:

Outline

• What do we mean by "law"?
• What makes a law a good one?
• How can law be changed?
• What does a good law reform process look like?

What Do We Mean By "Law"?

• Peace Agreement
• Constitution(s)
• Main Electoral Law ("Electoral Act", "Organic Law")
• Subordinate laws ("Regulations")
• Orders, Instruments and Determinations
• Procedures

What Makes A Law A Good One?

• Unambiguous
• Specifies the important elements of the electoral process
• Able to be understood by non-lawyers
• Trade-off between comprehensiveness and flexibility

How Can Law Be Changed?

• Process varies greatly from country to country
• Every country has its own legislative procedures
• Need to look at who specifies content, who drafts, how drafts are approved, who introduces to Parliament, and so on

What Does A Good Law Reform Process Look Like?

• Develops a consensus
• Ensures that critical issues are addressed
• Allows time for implementation
• Sometimes difficult to achieve all of these

A panel discussion then took place. Mr Bill Gray, former Australian Electoral Commissioner, and one of the founders of the PIANZEA Network chaired the panel. Other panel members were Mr Afele Kitiona, the Deputy Attorney General of Tuvalu and Dr Fetuao Toia Alama, the Clerk of the Parliament and Chief Electoral Officer of Samoa.

Following the panel discussion the Workshop broke into groups to look at ideas for a "process" for electoral law reform that EMBs may wish to employ. Following is a consolidation of the points brought ou

Strategies For Advocating And Facilitating Electoral Law Reform

Over-riding Principles

• Open
• Accessible
• Simple
• Language
• Monitor
• Accessible
• Language

Process

Gather Materials:

• Laws and procedures
• Court rulings and petitions
• Electoral Commission rulings
• Debriefing and evaluation reports and “lesson learnt” documents
• Observer reports (domestic and international)
• Complaints from political parties and the public

Review Materials

• Identify problems with one highlighted in the materials

Strategies

• Identify problem
• Assess what needs to be reviewed – based on knowledge from previous electoral events, opinions, judgements and public demand etc.
• Views of stakeholders need to be sought; e.g. workshops/submissions/
• press/public hearings.
• Contact other electoral administrators through networks to determine best practice (don't reinvent wheel).
• Judicial decision and electoral law reviews
• Prepare issues paper with recommendations and executive summary
• Arrange necessary funding (donors).
• Brief and provide policy advise to politicians on the need for change – e.g. Ministers, Cabinet, Opposition, other stakeholders and interest groups.
• Get consensus from political parties
• Conduct public awareness – consensus, through media, information papers, public hearings
• Send to concerned government departments responsible for drafting legislation (under instruction from EMB) and circulate to stakeholders for comment.
• Final law prepared.
• Assuming passage – public awareness campaign.

Electoral Observation

Over the past two years observation of elections has begun to be more significant in the Pacific. The 2001 elections in the Solomon Islands saw a significant international observer contingent. The 2002 elections in Vanuatu also had international observers and an increasing number of PIANZEA members have participated in observation missions.

Once again, using the BRIDGE model the workshop was able to establish the significant issues and principles of electoral observation.

Presentations were then given by Jeanette Bolenga, the Chief Electoral Officer of Vanuatu and from Walter Rigamoto the Supervisor of Elections in Fiji. Both had recent first time experience of international observation of their elections. Mr Rigamoto was also the leader of the United Nations Observation Team in the 2001 Solomon Islands election.

Following their presentations the workshop through group work developed the following operation plan for coordinating observers.

Operation Plan for Coordinating Observers

1. Govt. Approval, Invitations & Accreditation Process

Why?

• Build credibility in the process and the EMB
• Determine behavior
• Enhance networking
• Showcase our democracy to the world.

Who to invite?

• PIANZEA Member Administrations
• Commonwealth Members
• UN – UNDP
• South Pacific Forum
• Government representatives

How?

• Discuss with Government who will issue invitation to internationals
• Decide whether EMB can invite local observers
• Decide who will accredit observers
• Develop Procedures
• Develop Accreditation Process
• Develop Code of Conduct for Observers

2. Providing Information to Observer Groups

What information?

• Country Background: culture, location and maps
• Legislation
• Voter registration process and material, sample ballots, and identity cards;
• EMB Background
• Election timetable
• Constitution
• List of candidates
• Code of Conduct
• Census statistics and electoral statistics
• Previous reports
• Contacts: NGOs, political parties, staff, hospital/police

3. Code of Conduct

Election observers must:

• Recognise and respect the culture of the host country
• Recognise and respect the sovereignty of a host country
• Be non-partisan and neutral
• Be comprehensive in their review of the election, considering all relevant circumstances
• Be transparent
• Be accurate
• Not interfere in the electoral processes
• If possible, be experienced in electoral administration.

4. Funding – how much and from whom?

The invitation should come from the host Government but the budget should be sourced from international organisations (e.g: UN and the Commonwealth). The domestic budget should be used for the administration of the election not for the funding of observers.

If the domestic budget was used it could possibly cover accommodation, transport, allowances, equipment, offices.

Possible donor sources – AusAID NZODA, British Government, EU, Commonwealth Secretariat and UNDP.

5. EMB Planning: Staff, time and resources required to deal with observers

Invitation should be circulated as early as six months in advance.

Accreditation and briefing: application, authorisation, background information, briefing materials, timetable, itinerary.

Follow-up and debriefing essential.

Staff: supervisory level, operational staff.

Resource intensive: time, staff, salary, material development, communication and meetings.

Open Session and Motions Moved

The PIANZEA Workshops held every two years, presents the only real opportunity for members of the Network to make collective decisions, in a face to face situation, as to the direction they wish the Network to take.

Thursday and Friday afternoon presented an opportunity for other business, and the floor was opened. The following motions were moved. The results are recorded after the stated motion.

Motion 1: Representation at Global Electoral Organisation Conferences (GEO)

The delegation consist of the Secretariat (funded by the host of the conference) and two member countries of PIANZEA, on a rotating basis (subject to funding through the efforts of the Secretariat).

Passed unanimously.

Motion 2:

That a delegate from Fiji and a delegate from Vanuatu join the Secretariat in representing the PIANZEA Network at the 2002 GEO Conference subject to the availability of funding.

Passed unanimously

Motion 3

That Niue, Tuvalu and the Marshall Islands be invited to join the PIANZEA Network.

Passed unanimously

Motion 4

That East Timor be invited to join as Associate Members of the PIANZEA Network in recognition of the bonds and commonalities they have with us in the Pacific.

Passed unanimously

PIANZEA Logo

At the PIANZEA Workshop in Brisbane 2000 the members requested the PIANZEA Secretariat to develop a logo for the Network. A series of options were developed and voted on at the 2002 Workshop. The ballot paper is attached. The Approval Method of voting was used.

CONCLUSION

The use of the BRIDGE Course and methodology to conduct the Workshop worked extremely well. The Workshop participants were able to come to a good understanding of the principles underlying the major topics (law reform, registration and observation) and were able to develop useful techniques, processes and documents to assist them to better undertake their role in the governance of their countries.

The 2002 Workshop also allowed the Network to fulfill the PIANZEA goal,

To continue and maintain in the Pacific spirit, a close association of Pacific Electoral Administrators within an established networking arrangement to facilitate and encourage the free flow of information among member countries and to provide assistance where possible.⁵

Importantly the Workshop theme of "the exchange of ideas leads to new ideas" was practically demonstrated through the development of the PIANZEA Code of Conduct, the law reform process and the Operational Plan for the Coordination of Observers.

Finally, the Australian Electoral Commission would like to thank AusAID for their generous support of the PIANZEA Workshop 2002 and for the continuing support and encouragement it provides to the PIANZEA Network.

1. Note, no ROU number was supplied.
2. EPIC Brochure, IDEA, IFES and UNDP, 2002
3. Administration and Cost of Elections (ACE) Version 01, Voter Registration, General Principles; International Institute of Democracy and Electoral Assistance, United Nations Electoral Assistance Division and the International Foundation for Electoral Systems.
4. ibid
5. This goal was established at the inaugural meeting at Korolevu, Fiji in 1997.