By JOSEPH G. LARIOSA

(© 2009 Journal Group Link International)

C HICAGO, Illinois (JGLi) – The Commission on Elections should “undertake a major effort to bolster public confidence in the new Automated Election System (AES) system and the impartiality of its decisions.”

This was one of the recommendations of a team of international observers, who went around in the Philippines for one week, a week ago.

Headed by former American Congressman Sam Gejdenson, the National Democratic Institute (NDI) group visited the Philippines from March 6 to 13.  It is based on the Declaration of Principles of International Election Observation launched by the United Nations in 2005 and endorsed by NDI and 35 other international and intergovernmental organizations. The NDI is based in Washington, D.C.

The NDI said, “The perception, whether fair or not, is that the Comelec has not done so. When it concerns elections, perceptions can be as important as reality.”

The delegation is composed of Nora Owen (Ireland) Former Minister for Justice, Equality and Law Reform; Sue Wood (New Zealand), Former President of the New Zealand National Party; Jamie Metzl (United States), Executive Vice President, Asia Society, and Thomas V. Barry, (United States) NDI Deputy Regional Director for Asia. Telibert Laoc, Resident Program Director, was the delegation’s chief consultant. The delegation was also assisted by NDI staff members: Tess Pantow, Sudila De Silva and Luz Antonnette Manzano. The delegation was funded by the National Endowment for Democracy based in Washington, D.C.

This group is different from an observers team, requested by a Filipino-American delegation led by  Atty. Loida Nicolas Lewis, who personally handed a “letter of concerns” to U.S. Secretary Hillary Rodham Clinton in Washington, D.C. last March 10. Attorney Lewis asked Secretary Clinton to recommend to President Barack Obama to send an observers team during the May 10 presidential elections.

“The Comelec should move expeditiously to clarify and issue instructions on a range of outstanding issues. Delays in releasing General Instructions have led to speculation that the Commission is unwilling to consider public opinion or allow sufficient time for debate." according to the delegation report.

“It will be critical for Comelec to far more actively encourage, promote, and facilitate non-government monitoring and oversight of the electoral process.” One way to encourage more participation, the group said, is “a series of public dialogues with representatives of the presidential candidates about the AES.”

T he Comelec should also “address contingency planning, access to AES source codes, ballot design, and election-day procedures. Political parties should be willing to participate in such discussions without preconditions.”

The delegation shares the views that “a one precinct per congressional district sample for random manual audits (RMA) is inadequate. It recommends an RMA process focused on a sample of machines rather than single precincts. … a sample of PCOS (precinct count optical scanner) machines should be the basis for demonstrating reliability.”

The delegation also recommended that the “RMA be conducted prior to the proclamation of results” in a transparent manner to encourage public confidence.”

Comelec should also ensure “the presence of party agents and domestic monitors in polling stations as well as the effective functioning of complaint mechanisms.”

At the same time, the delegation urged the Armed Forces of the Philippines and the Philippine National Police “to do all they can to support the integrity of the electoral process and the sanctity of the ballot.

“Leaders across the political spectrum should support democracy in the Philippines. Greater public dissemination of information about such efforts would bolster public confidence and reassure voters they will be able to safely vote and their vote will be accurately recorded without interference or intimidation.”

The delegation also urged the Comelec “to have robust and widespread public participation in nonpartisan citizen monitoring of elections.” It should encourage to “carefully consider the contribution made by election monitoring organizations to the growth of democracy in the Philippines. Any decisions that break with longstanding practice and precedent may undermine that contribution now and in the future. Reasonable doubts, therefore, should be resolved in favor of granting accreditation and promoting citizen monitoring of elections.”

The delegation also urged the “government of the Philippines (to) mobilize all of its resources to educate the public about balloting procedures and the new AES system. Such efforts, which may also involve expanded assistance from citizens groups would serve to reduce confusion on election day and bolster participation.”

Also the delegation “was disturbed by the lack of confidence expressed by some journalists’ organizations in steps taken by the PNP and AFP to bolster the safety of members of the news media. The delegation encourages these institutions to enter into a dialogue about concrete steps that will allow this essential sector of society to be secure in its work.”

"Further, media owners must meet their responsibilities for the safety of their employees. To be effective, this should be expressed through providing resources and support (such as communication system and person security), as well as using their collective voice to denounce violence and intimidation.”

The delegation also said, “Broadcasters are required by law to file with the Comelec information about contracts signed by candidates and parties with media outlets. Candidates and parties are also required to make other minimal filings with the Commission. Unfortunately, faced with a multitude of other responsibilities the Comelec has not created a process to make this information accessible to the public in a timely fashion.

 
“In the meantime, the delegation encourages the Comelec to take steps to make available on the Internet and other forms the information currently available on campaign expenditures before the election. It will begin filling a key gap in the public’s access to meaningful information about spending by candidates and political parties.

The delegation also asked the Comelec to draw up contingency plan under Sec. 13 of RA 9369, which requires “a continuity plan in case of a systems breakdown or any such eventuality which shall result in the delay obstruction, or nonperformance of the electoral process.”  The Comelec is required to furnish this plan to political parties and candidates as well as publish it in major newspapers. This has not yet been done. The delegation believes the release of such a comprehensive plan, addressing both national and local planning, could go a considerable way to assuring voters that the Comelec is aware of, and sensitive to the many issues raised in the public domain.

 
“Release would bring greatly needed transparency to the planning process and has the potential to dispel rumors about the intentions of the Commission. The delegation encourages Comelec to fulfill its legal obligations in this area without delay. In addition, it should consider expanding use of the Commission’s extraordinary powers to mobilize state resources on behalf of free elections.”

The delegation consulted 30 organizations in 27 meetings. (lariosa_jos@sbcglobal.net)

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