On Wednesday the 25th of January, elections took place in occupied Palestine, for the Palestinian Legislative Council. It was the second ever elections to the Council, the first having taken place 10 years ago. The elections were widely seen a huge success, and the Palestinian Central Elections Committee is to be congratulated for its work. Were they totally free and fair however? No, because Palestine is under occupation, and no elections can be free under occupation because the occupier has an influence over the elections.
As an international observer for the elections, I was privileged to have access to all stages of the voting process. With a team of colleagues, I traveled around the rural villages outside the city of Jenin in the north of the West Bank, and was extremely impressed by the electoral process. Apart from a few minor discrepancies, which exist in all elections throughout the world, in this case the violations were regarding campaigning outside of polling stations, the electoral rules seemed to be impeccably followed. Everything was extremely organized, and there were many local observers from NGOs and political parties, and an excited and interested atmosphere among all the Palestinians we met on Wednesday. This view was confirmed by the other election observers at a UN debriefing the following day: people were generally very impressed with the conduct of the electoral staff, and people who have observed numerous elections across the world were also very impressed with the standard of the procedures. However, it was a different story in Jerusalem. Israel decided before the elections that only 6,300 of the 120,000 eligible voters in East Jerusalem, the capital of occupied Palestine, could vote in Jerusalem itself, the rest had to leave Jerusalem, through military checkpoints, to vote. Israel illegally annexed East Jerusalem in 1967 despite the fact that international law states clearly that it is occupied Palestinian land. However, because Israel has ‘sovereignty’ over East Jerusalem, it decided to make it incredibly difficult for Palestinians there to exercise their basic democratic rights.
There are 120,000 eligible voters in East Jerusalem, and there, like in every other city in Palestine, the Central Elections Commission (CEC) of Palestine opened an office to register voters for the upcoming elections. The Israeli Police, however, decided that trying to encourage people to exercise democracy is unacceptable, and arrested the staff of the CEC working in the office, took down the ID numbers of everyone who registered, and then destroyed the records of the CEC.
Palestinians attempting to enter the boundaries of Jerusalem, which are defined by Israel alone, were stopped if they were in a car with any campaign material on them. They were made to get out of the car and take any posters, flags or stickers off the car. Some soldiers took photos of people in the cars, threatening to take them to court. There were various reasons given by the soldiers for removing campaign material. One said that 'we don't allow propaganda in Israel' – I should alert them to the platform of most Israeli political parties – another said that they were 'enforcing the Palestinian election law of no campaigning on polling day'. Do the Israeli police really care if Palestinian electoral law is implemented, or was this simply harassment of Palestinians for the sake of it?
In Jerusalem itself, in the post offices, in which Palestinians had to vote (Israel refused to open polling stations for them) there was no guarantee whatsoever for the privacy of voters. They were not allowed to use screens to ensure their ballot was secret, so people could see who they were voting for. The post offices were too small for the number of voters, and despite the recommendation of the Palestinian CEC and international observers from the 2005 Presidential elections, Israel refused to open more temporary post offices, so people were queuing and could see who everyone else was voting for. International observers and postal clerks could see who people voted for. Voters were not even allowed to place their own ballots into the ballot box – Israel insisted that this was done by Israeli post office staff.
There was also an issue with regard to the training of staff in the post offices. When issues arose, such as ballot boxes being full, it was often left to the international observers to find a solution to the problems. Perhaps this can be traced to the fact that the CEC were not allowed to train the postal staff, they had to train trainers who trained the staff, who only had a day of training.
The post office near the Jaffa Gate in the Old City was moved from the regular post office to a small portable booth close to but not visible from the post office, but there was only a very small sign in black and white in the window of the post office to say that it had been moved. Some international observers could not find the voting station and so asked the post office staff, who simply didn’t know where it was. One international observer remarked 'If I had been a Palestinian due to vote there, I wouldn't have voted, because I couldn't find where to vote.'
In the main post office in East Jerusalem, on Salah-ah Din street, some boxes, when they were full, were put into a locked room. The Israeli postal staff refused to use the tags to seal the boxes, as is specified by Palestinian electoral law, and instead used simply tape, and refused international observers access to the room to see the boxes.
Because of the number of people who had to vote in East Jerusalem post offices, voting had to be extended beyond 7pm, to 9pm. However, because the post offices are under Israel’s control, the Israeli Minister of Communications had to make the decision, but didn’t make a decision until the very last minute, and at 7:20 there was still confusion as to whether people would be allowed to vote because no clear decision had been made by the Israeli Ministry. Many people who were waiting to vote or hoping to vote left because they didn’t know what was happening, and the delays in the decision implied that the polling station would close and thus missed their opportunity to vote.
In a post office in the Old City of Jerusalem, a right wing Member of the Israeli Knesset (Parliament) Effie Eitam from the National Union Party came accompanied by a large group of settlers and demanded to enter the post office to buy stamps, because in his mind it is “an Israeli post office in Israel”, to protest the fact that Palestinian elections were being held in East Jerusalem.
In other cities, such as Hebron, many of the roadblocks placed by the Israeli Army were not removed, so it became very difficult for people to go back and forth to polling stations. International observers, to reach some polling stations, had to walk through fields. That would put someone off voting, don’t you think?
Despite the attempts of the Israeli authorities, the Palestinian people have exercised their democratic rights, and they have spoken with a resounding voice. The Islamic Resistance Movement, better known by the acronym Hamas, won a resounding victory, winning 76 out of 132 seats, a result which no-one, not even Hamas themselves, expected. The result must now be accepted and the new situation dealt with.
One of the problems with democracy is that you don’t always get the result you expect or want. The idea of not talking to, negotiating with, or funding a Hamas-led government is extremely concerning. What message of democracy does it send to people across the world if the western world strongly advocates democratic elections in Palestine, and when the Palestinians hold democratic elections, everyone ignores who they choose. The primary condition which is put upon Hamas most often is that they must renounce violence and recognize Israel’s right to exist. This shows yet another western double standard. None of the big Israeli parties – Labour, Kadima or Likud, will renounce the use of violence by the Israeli army against resistance fighters or civilians, and none will recognize the right of Palestine to exist within the land which it legally deserves under international law, so why are Hamas being asked to renounce violence and accept Israel’s existence. Hamas, for everyone’s sake, must be accepted and dealt with.
Congratulations to Palestine – the only democracy in the Middle East.