Preliminary report on the pre-election propaganda for Shura Council midterm elections 2010 Early propaganda is a clear violation of the rules governing the conduct of the electoral process

Introduction and background

Maat started in May 1, 2010 the first phase of “supporting people’s monitoring on general elections “program aims to monitor Shura Council elections 2010. This phase is implemented with self-funding and volunteer efforts of Maat Association and its partners in seven governorates: Cairo - Giza - Helwan – 6^th of October - Sharkya - Qana – Minya. The partner NGOs to Maat are ( Sahebit Al Galala Association– Safer Al-kheer in Cairo – Upper Egypt development in Qena, - Citizen Association in Giza – Yalla Nesharek in Helwan - Al-Amal for Women and Family Development in Qena – and Human Resources Development in Sharkya - General Federation of freedoms and immunities of the Bar Association in Minya).

The program continues until the local councils elections in 2012, monitors the Shura Council mid-term elections and People's Assembly elections 2010, then presidential elections in 2011. The program seeks to build mechanisms for people’s monitoring on the general election in targeted constituencies based on full and positive participation of all active community- based parties (community and grass-roots leaders - community-based organizations - voters) in those constituencies to grantee the integrity of the electoral process. It is expected in ending the program that these constituencies have the ability to self-monitoring and support the integrity of the election without the need for outside help, and the program will increase voter turnout and political participation generally.

The report, which in our hands deals with monitored key violations and the facts pertaining to the elections propaganda, which starts officially on May 16, 2010, according to head of High Elections Commissions statements, but what really happened that propaganda of most candidates in the targeted constituencies had begun before this time.

The framework organizing the Electoral Propaganda Stage

The Exercise of political rights law No. 73 of 1956 and its amendments, in Article three bis (G) states that “Publicity campaigns incorporate all activities carried out by candidates and their supporters with the purpose of persuading voters to elect them. This can be achieved through meetings, both limited and public, and through circulating publicity materials, and placing posters and signs, as well as through the use of audio/video, electronic and published material in addition to other activities provided for by the law and by the decisions of the High Elections Commissions”. A candidate should adhere to the rules governing the electoral propaganda, as specified and in Article three bis (F)" High Elections Commission shall  develops rules governing the electoral propaganda , taking into account the provisions of Article (5) of the Constitution and Article 11 of the law No. 38 of 1972 concerning the People’s Assembly. These rules should include prohibiting the use of logos, symbols or activities of the electoral propaganda, have a religious references or religious nature or based on discrimination due to race or origin.

High Elections Commission decided to start electoral propaganda as soon as hanging the final list of candidates and access to electoral symbols on Sunday May 16, after the end of objections commissions from the disposition of appeals on the decisions of electoral application committees. The electoral propaganda continue according to the Commission's decision from the time of declaring the final lists of candidates and even the end of the day May 30 and stopped on May 31.

High Elections Commission issued on Thursday, May 13^th, 2010 some important decisions relating to the organization propaganda stage, including the prevention of any candidate from hanging electoral banners and advertising only after payment of 3 thousand pound for insurance to the governorate or to the district or city of them and not pay back to them another time in order to remove the banners after the election.  In case of non-payment of the candidate for this amount, the utilities agencies in the governorates remove the banners and make Proclamation against him.

The monitored abuses in the governorates under monitoring

First:  In Sharkya governorate

The more intensive electoral propaganda in favor of a member of the National Democratic Party in the first constituency, which began even before the nomination stage, who called "Amr Tunisi". But what happened was that the NDP has not nominated him and nominated another one called “Khyrei Mobasher " for the seat of workers in the First constituency, based in Zagazig police Department, so Amr Tunisi withdraw his electoral banners.

After nominating Khyrei Mobasher and actually presented his papers the situation is almost calm so far in this constituency in Zagazig. The electoral propaganda characterized by overall simplify , but that does not negate the status for early electoral propaganda in contravention of High Elections Commission resolutions have already been mentioned, and propaganda that had existed during the last period belonged to various candidates, including Khyrei Mobasher, and candidate Mohamed Fahmy Qammoura, and candidate Mohamed Refaat Jalal.

In terms of propaganda shape, is a cloth banners hanging on the sides of the streets and tied to poles or gates, but there are no posters on the walls.

Second: Giza governorate

Giza governorates has witnessed  affected by Mohamed Abdel Moneim is an independent candidate in Northen Giza constituency of Hamdi Khalifa, chairman of the Bar Association who is NDP candidate for the same constituency for having to start propaganda before the fixed date by the President of High Elections Commission.

NDP candidate violated the instructions confirmed by High Elections Commission, where Chief of Detectives in Agouza received Proclamation from the independent candidate. In the Proclamation, he stated that the President of High Elections Commission dated May 16 to start the election propaganda and stressed that candidates not doing any propaganda prior to that date, but the NDP candidate go ahead before the date, and an official report of the investigation was made for him.

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 It has been monitored the electoral propaganda for NDP candidate "Hamdi Khalifa" in front of Cairo University and inside the Bar Association in Cairo, despite the two areas outside the geographical scope of the candidate.

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 Election propaganda was monitored in the first of Haram street for NDP candidates, Ahmed Sameeh Darwish (NDP - the symbol of moon” Helal”), and Youssef Khattab (NDP - the symbol of Camel) for the Southern Cairo constituency. Two cloth donation banners from citizen in the constituency is Pilgrim “A. M. P", were monitored and found near Metro Giza hung on wooden poles, as observers monitored a similar propaganda for supporting the  candidates in mid-Haram by some businessmen in the region, specifically in the area of the Talbya.

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The other candidate, Naeem Abu Ghada (cluster representative seat as an independent - the symbol of microphone), it has been monitored its own advertising banner was hung on the lamp pole next to the mosque "Nasreddin" in the first of Haram street.

Third: Helwan governorate

The competition is on the only seat of Helwan in this election on the backdrop of objections by many about the recent amendment of the Shura Council constituencies, which made the election battle hottest resulted the early propaganda by some candidates. The mid-term Shura elections witnessed the withdraw of the current MP Abdel Rahman Kher, the current representative of Tagmoaa Party as witnessed  the nomination of Ali Fath El Bab the current People's Assembly member of the Muslim Brotherhood . As well as nomination of Ismail Nasr El-Din is NDP candidate, along with a number of independent candidates.

The observers monitored in the governorate of Helwan several forms of violations for the rules governing electoral propaganda made by the High Elections Commission, and we detailed the most important of these violations as follows:

1-      

Monitoring the early election propaganda for the independent candidate Fouad Ahmed Mohammed to cluster representative seat, these propaganda represented in advertising papers pasted on some walls, the propaganda of the cloth banners hung in some main streets. The candidate hold meeting in one of hospitality halls in Helwan (Dar occasions of Farouq Mosque) on Thursday, May 6, 2010, after the submission of Ahmed Fouad his nomination papers in the forthcoming Shura elections .

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Monitoring the presence of election propaganda for independent Amr Okasha in several areas of the governorate and they ranged from paper advertising, posters on walls and hanging banners.

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The activities of the candidate Ismail Nasreddin have been limited to the traditional visits to families and regions in Atfih and Saf. Observers did not monitor the presence of banners, images, or posters for him.

 Monitoring the use of religious symbols and slogans in the electoral propaganda on Facebook for the candidate Ali Fath El Bab where he put the slogan of “Islam is the solution” in the segment devoted to writing something “the status” of the page. He also distributed some propaganda paper by hand.

  Fourth: Cairo governorate

The election propaganda has been monitored in the form of banners for supporting present PMs and some NDP members to NDP candidates for the Shura Council before the start of the election propaganda officially, which considered a violation of the rules governing elections.

In the fourth constituency based in Gamalia police department, supporting banners were monitored for some Shura candidates by some persons declared their nomination to coming People’s Assembly elections and seek their presence on the NDP's list for PA elections. Some of NDP members wanted to deliver a good image of them by writing their names on a set of banners in support of candidates for the Shura in the streets and public squares.

In Al Zaher, banners were monitored made by engineer Magdy Mahmoud Ibrahim, the son of Mahmoud Ibrahim former member of PA, for the NDP candidate Ahmed Salim. Political Club meeting held by the secretariat of the National Democratic Party has converted to electoral conference to support the party's candidate in elections for Fourth constituency.

In Azbakya, Abideen and Wayli, the former PM Talaat Qawwas announced support for Abdellah Abdul Hamid, NDP candidate for the Shura in the constituency, after he hosted him Wednesday, May 12 with his supporters in Abideen neighborhood with opposition MP Ragab Hemida and Engineer Helmi Jazeeri, past Member of Shura.

 Fifth: sixth of October governorate

NDP held conference, last Tuesday, May 11, 2010 in Badrasheen to support Essam El Kholy is the party workers candidate, he was Shura member before, in the constituency, which includes Hawamdia , Ayat , Badrasheen and Oboualnmrs with the presence of heads of local people’s councils , members of the NDP , the secretariat of the Youth Commission and the secretariat of the party in the villages and the city of Al-Ayat, also Dr. Hani Al-Nazer, the party's secretary 6th October Governorate attended the conference.

The conference witnessed the absence of all members of the party candidates for the complex electoral system in the party, who have declared their commitment and support to «El Kholy» and not to stand as independents, the conference had been held in the political club in NDP headquarter at one o'clock.

After two days, specifically on Thursday, May 13, another conference was held at the secretariat of the Local Governance Commission in Ayat city to support the NDP candidate was attended by the Chairman of Ayat city, the Vice-President of the City and some department heads. This represents a flagrant and clear violation to High Elections Commission’s decisions and the legal rules governing propaganda as challenged the impartiality of the executive bodies in the electoral process, the observers did not monitor any posters until the morning of May 16, 2010 in the constituency.

As "Abdul Rashid Hilal", an independent candidate (workers) depends on the base of workers in running the Shura Council elections, as he works on one of the iron and steel factories, observers has monitored yellow banners hung of the candidate Abdul Rashid Hilal in Ayat since three days with large sizes. It was witnesses also on Misr Assuit El Zeraye road and in 15 entrances of villages in Ayat province.

 Sixth: Qena governorate
 In the fourth constituency, "Naqada - Qus" the names of 35 candidates for the Shura Council elections were announced, including 33 independents. The NDP candidates have started propaganda ahead before the said date May 16. Each one has hung a large cloth banner on the entrance of the village on “May 10" , the day after announcing the result of NDP’s lists of candidates. "A candidate Abdel Radi Elwan has hung his banner  in the village Hegazah, the candidate Abdul Latif Ahmad Shaalan has hung his banner in the village Kharaneka" and next to each banner stickers found as well.

The First constituency, based in Qena police station, including (Qena – Qana Markaz - Keft Markaz) departments and 12 people were nominated in it, including one candidate for the NDP and another candidate for the Tagamoaa Party, and the remaining are independent.  One violation has been monitored represented in hanging 3 cloth banners on the lamp poles: the first in the entrance of Ezbet Hamed village, the second in mid Qena city in El Gabalawy Squire and the third in the entrance of Qena city “ Wind way” for the candidate "Rifai Abd al-Wahab Amr Abdel Rahim" workers representative seat , is an independent and his electoral symbol is banana. Besides, developing banner with his image painted on it in Al Sanhoria Street near to his house on Saturday morning May 16, 2010.

Observing a written error in the candidates  list of Qana Security Directorate , has the names of final candidates for elections to the Shura Council for the First constituency, based in Qana police station where it stated in the title of the list “The names of candidates for membership of the people’s Assembly - rather than to write the Shura Council.

Seventh : Minya governorate

Monitoring the posters on the walls in some streets in Matai constituency in Bani Mazar in Minya Governorate for the candidate, "Refaat Hanna Said" an independent on cluster representative seat, while the NDP candidate "Mustafa Thabet" and the rest of the candidates have not done any publicity campaigns before the date of May 16, 2010.

Conclusion

Through prior monitoring for the phase of (May1 until May 16, 2010,) it is noted that the rules governing the electoral propaganda, which was tasked to High Elections Commission by law, are not respected on a large scale. Both independent candidates and NDP candidates are equal in violating the law, the monitoring process also revealed violations regarding the use of public facilities without paying fees established by High Elections Commission, as well as the participation of executive authority in advertising for some candidates.

Perhaps the most prominent features of the previous phase are disguised propaganda in the form of banners support and allegiances by others for certain candidates are often NDP candidates. Therefore, High Elections Commission has to get mechanism to ban these violations and find a legal mechanism to compel offenders to comply with the rules governing electoral propaganda.