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ARTICLE I - Basis of Elections
ARTICLE II - Right to Vote and the Electoral Register
ARTICLE III - Qualification and Nomination of Candidates
ARTICLE IV - The Election Campaign
ARTICLE V - International Observation of Elections
ARTICLE VI - Election Arrangements Concerning Jerusalem
Pursuant to Article III of the Declaration of Principles, and in accordance with the provisions of this Annex, direct, free and general political elections will be held for the Council and, simultaneously, for the Ra'ees of the Executive Authority.
The holding of elections for the position of Ra'ees and for the Palestinian Council shall be governed by this Annex, and the Law on the Election of the Ra'ees and the Palestinian Council (hereinafter "the Election Law") and the regulations made under this law (hereinafter "the Election Regulations"). The Election Law shall be adopted by the Palestinian Authority. The Election Law and the Election Regulations shall be consistent with the provisions of this Agreement. Unless otherwise specifically provided in this Annex, all persons voting or standing as candidates in the elections shall be uniformly subject to the provisions of the Election Law and the Election Regulations.
The Palestinian Central Election Commission (hereinafter "the CEC"), which will be appointed by the Palestinian Authority, will be responsible for the administration of the elections. The CEC will be responsible for the preparation and conduct of the elections and shall have the powers and competences necessary to fulfill these functions, as defined in the Election Law. All matters related to the elections which are not subject to specific provision in this Agreement shall be subject to determination by the Palestinian Authority or the CEC in accordance with the Election Law, the Election Regulations and any relevant procedures set out in this Agreement. The CEC and its subordinate bodies shall be independent.
All of the offices of the CEC and of its subordinate bodies, including the offices of the District Election Commissions (hereinafter "the DECs") and the District Election Offices (hereinafter "the DEOs"), shall be situated in constituencies set out in the Palestinian Election Law in areas under the jurisdiction of the Council.
All aspects of the electoral administration (such as publication of lists of electors or candidates, and other information concerning the conduct of the elections, appeals, counting votes, and publication of results) shall take place only in the offices of the relevant DEO.
Right to Vote
The right to vote will be universal, regardless of sex, race, religion, opinion, social origin, education, or property status. Every Palestinian who meets the qualification to vote shall have the right to be registered to vote.
Only a person whose name appears on the Electoral Register, as defined in paragraph 2 below, and who is 18 years old or older on the day of the elections, will have the right to vote.
No person may be registered as an elector in more than one polling district, as defined in paragraph 2 below.
The qualification to vote will be the same for the election for the Ra'ees of the Executive Authority of the Council and the election for the Council.
Israeli citizens shall not be entered on the Electoral Register.
To be qualified to be entered on the Electoral Register, a person must:
be 17 years old or older;
have his or her abode in the polling district where he or she is registered to vote;
not be disqualified under subparagraph k. below; and
be entered in the population register maintained by the Palestinian Authority or the Israeli authorities (hereinafter together "the Population Register"), and thus be the holder of an identity card issued by the Palestinian Authority or the Israeli authorities.
Any person who:
will be at least 40 years old on January 1, 1996 and can provide satisfactory evidence that he or she has actually lived in the West Bank or the Gaza Strip continuously, except for short absences, for at least 3 years immediately prior to the date of the signing of this Agreement; or
will be less than 40 years old on January 1, 1996 and can provide satisfactory evidence that he or she has actually lived in the West Bank or the Gaza Strip continuously, except for short absences, for at least 4 years immediately prior to the date of the signing of this Agreement, shall be entitled, notwithstanding the fact that he or she was not previously entered in the Population Register, to be entered in the Population Register and to receive the appropriate identity card. The Palestinian Authority and Israel, through the CAC, shall together invite applications to be so entered in the Population Register. Such applications shall be submitted prior to the date of the elections to the Civil Administration or the relevant joint Israeli-Palestinian liaison body as appropriate and shall be dealt with by the Civil Administration or by both sides of such joint liaison body on an expedited basis to assist the process of registration.
The inclusion of any person on the Electoral Register at any address shall be without prejudice to the question of that person's legal abode at that address.
In this Agreement, the word "abode" denotes the main permanent fixed address within any polling district at which, at the time of the initial registration canvass, a person actually lives.
In this Agreement, the word "address" denotes the community, house, street, neighborhood or other description identifying the specific abode in which a person actually lives, where such information exists.
The following persons will be disqualified from being entered on the Electoral Register:
any person deprived of the right to vote by judicial sentence, while that sentence is in force;
any person declared incapable by judicial decision; and
any person detained in a psychiatric institution by judicial decision, during the period of that detention.
"Judicial sentence" means a judicial verdict or sentence made by a Palestinian court.
The Electoral Register
In accordance with the provisions of this Article, the Election Law and the Election Regulations, the CEC shall compile and maintain the list of all persons registered as qualified to vote (hereinafter "the Electoral Register"). A separate section of the Electoral Register (hereinafter "an electoral register") shall be kept for each defined geographical area possessing its own polling station (hereinafter "polling district").
In accordance with the arrangements agreed between the two sides, the CEC will compile the initial draft register. The compilation of the register in each polling district will be the responsibility of the Polling Station Commission (hereinafter "PSC") for that district.
The PSC must enter on the initial draft register the name of any person who is 18 or over, is qualified to be registered in the particular polling district, is the holder of an identity card issued by the Israeli authorities or the Palestinian Authority, and provides all the required information as long as the PSC believes the information to be correct.
The PSC will also enter on the initial draft register the name of any person who is 17 and otherwise meets all the criteria to be entered thereon. Such a person may vote if he or she has reached his or her 18th birthday on or before polling day.
The initial draft register will be displayed within each polling district at the site of the PSC. It shall bear upon each sheet the following text:
"This is the initial draft of the register of the persons entitled, if they are 18 years old or more on the day of the election, to vote in this polling district in the election for the Palestinian Council and the Ra'ees of its Executive Authority. The entry on this draft register of any individual is subject to confirmation that he or she is entered in the population register maintained by the Palestinian Authority or the Israeli authorities and thus the holder of an identity card issued by the Palestinian Authority or the Israeli authorities. Any person who believes that he or she has been wrongly omitted, and any person who believes that the information published about him or her is wrong, may submit a claim to the Polling Station Commission. Any person who believes that any other person entered on the draft register is not qualified to appear on this register may submit an objection to the Polling Station Commission. The deadline for receipt of claims and objections is YYMMDD".
A subcommittee established by the Joint Civil Affairs Coordination and Cooperation Committee shall consider questions of registration defined in this Agreement and coordinate the implementation of the registration arrangements (hereinafter in this Article "the CAC subcommittee").
Within 6 weeks of the compilation of the initial draft register, and following adjudication of all claims and objections, the Palestinian side of the CAC subcommittee will provide the Israeli side with a copy of this register as amended in the computer format agreed between the two sides and set out in Appendix 1 to this Annex. Upon receipt of this information, the Israeli side in the CAC subcommittee will confirm the information contained in the initial draft register with that contained in the Population Register. Subject to compliance with the provisions of Appendix 1, and with any agreed amendments following the experimental input or otherwise, this confirmation will take place within 7 days. Persons whose details do not appear, or whose details are significantly different from those in the Population Register, shall be removed from the initial draft register, unless the Palestinian side can provide satsifactory evidence within 7 days that the person is entered in the Population Register.
The publication of the Electoral Register and the display of the relevant electoral register in each polling district shall follow the confirmation provided for in subparagraph g. above. Each electoral register shall bear the following text:
"This is the register of the persons entitled, if they are 18 years old or more on the day of the election, to vote in this polling district in the election of the Palestinian Council and the Ra'ees of its Executive Authority."
At least three days prior to its publication, the final Electoral Register shall be forwarded by the CEC to the Israeli side in the CAC subcommittee in the form, and containing the information, described in Appendix 1.
Qualification to be a candidate
Every candidate for the Council and every candidate for the position of Ra'ees of the Executive Authority of the Council shall be a registered elector.
Every candidate for the Council from the various constituencies set out in the Palestinian Election Law must have a valid address in an area under the jurisdiction of the Council in the constituency for which he or she is a candidate. Every candidate for the position of the Ra'ees must have a valid address in an area under the jurisdiction of the Council. A valid address shall be that of a residential property which is owned or rented or otherwise legitimately occupied by the candidate. This valid address shall be entered in the candidate's nomination paper. Where a candidate has more than one valid address, he may enter all such addresses on his nomination paper.
Israeli citizens may not be candidates for election to be a member of the Council or to be the Ra'ees.
The nomination of any candidates, parties or coalitions will be refused, and such nomination or registration once made will be canceled, if such candidates, parties or coalitions:
commit or advocate racism; or
pursue the implementation of their aims by unlawful or non- democratic means.
Nomination procedures - The Council
Nominations shall be submitted to the DEC on the official nomination papers, as specified in the Palestinian Election Law.
Following the close of nominations, the DEC for each constituency will immediately publish the provisional Statement of Persons Nominated for its constituency in accordance with the Palestinian Election Law.
Upon publication of the provisional Statement of Persons Nominated, any person may, within 7 days, submit an objection to the CEC that a provisionally nominated candidate does not satisfy the criteria set out in paragraphs 1.b, 1.c and 2 above.
Following the resolution of all appeals, and not later than 22 days before polling day, the DEC will publish the final Statement of Persons Nominated.
Nomination procedures - The position of the Ra'ees
The nomination of any candidate shall be submitted to the CEC on the official nomination paper, as specified in the Palestinian Election Law.
The CEC will publish the provisional Statement of Persons Nominated 3 days after the close of nominations.
Upon publication of the provisional Statement of Persons Nominated, any person may, within 2 days, submit an objection to the CEC that a provisionally nominated candidate does not satisfy the criteria set out in paragraphs 1.b, 1.c and 2 above.
Following the resolution of all appeals (and therefore not later than 22 days before polling day) the CEC will publish the final Statement of Persons Nominated.
General campaign provisions
All activities carried out by nominated candidates, or by political parties, coalitions, or groupings of electors who have nominated candidates, or for their benefit, that are directly addressed to obtain the electorate's vote, shall constitute campaign activities. Candidates and their supporters may promote their campaign by any legal means.
The official campaign period of the election, during which the provisions relating to the election campaign will apply, will start 22 days before polling day and close 24 hours before the polls open. Campaigning on the day before polling day, or on polling day itself, will not be permitted.
Rallies and meetings
The CEC will publish a list of venues and facilities available for election rallies and meetings, which shall include all recognized public open air meeting places and all public buildings with a recognized public meeting hall. The CEC will also publish a list of routes available for marches. These lists will be posted in each constituency in the respective DEO. Such campaign activities shall be conducted at venues and facilities included in the lists published by the CEC.
Without derogating from the principle that the Palestinian Police will ensure public order during the Palestinian elections, and in order to enable the elections to proceed smoothly, without any interference, obstacle or friction, the two sides agree to deal with, and coordinate with regard to, security issues that may arise in relation to the electoral process in the relevant DCO in each constituency.
Security issues relating to the international observers will also be dealt with in the relevant DCO, within the framework of the trilateral Palestinian- Israeli-European Union forum, as set out in Article V, paragraph 7 below.
Each side shall take all necessary measures with regard to persons under its authority to prevent public disorder during campaign activities, to ensure that such activities do not interfere with the free flow of traffic, and to protect the electoral process from any violence, incitement, hostile propaganda or other undemocratic interference.
The representative of a candidate or candidates wanting to hold a rally, meeting or march must submit an application to the relevant DEO giving details of the proposed time and venue.
With regard to applications to hold such a campaign activity in areas in which the Palestinian Police exercises responsibility for public order, but there is no Palestinian police station or post, the DEO shall give prior notification of the activity to the relevant DCO.
With regard to applications to hold such a campaign activity outside the areas in which the Palestinian Police exercises responsibility for public order, the activity shall only take place after coordination and confirmation through the relevant DCO.
The election process will be open to international observation. Observation will be conducted according to accepted international standards.
Scope of observation
All stages of the electoral process will be open to observation. This includes registration of electors, the campaign, the operation of polling stations during polling, the operation of the count in each polling station, and the totaling and scrutiny (including the determination of claims made by candidates or their representatives) at district and central level.
The observers will be asked to assess whether all stages of the electoral process are free and fair. The activity of the observers will be limited to observation, reporting and dialogue with the relevant authorities.
Observer delegations may wish at any point to make comments or representations about the conduct of the elections to the CEC, which shall consider them and reply appropriately.
In order to facilitate the independence of the observation, the mandate and operating instructions of each international observer delegation shall be determined by that delegation in consultation with the international observer coordinating body under the common terms of reference attached as Appendix 2 to this Annex.
Source of observers
It is envisaged that observers will be present from all parts of the world.
Observer delegations will, in particular, be present from the European Union, the United Nations, the United States of America, the Russian Federation, Canada, Egypt, Japan, Jordan, Norway, South Africa, the Movement of Non-Aligned Nations, the Organization of African Unity and the Islamic Conference Organization. Observer delegations from other governments or intergovernmental organizations may be added to this list upon consultation.
Other observers, including those representing non-governmental organizations, will also be present.
The European Union will act as the coordinator for the activity of observer delegations.
Accreditation of observers
All observers, both international and domestic, shall be accredited through machinery established by the CEC. Accreditation will be issued by the CEC on request and will be conditional on acceptance of the common terms of reference. The accreditation card will contain a trilingual text (Arabic, English and Hebrew).
The accreditation card of members of observer delegations and members of the Coordinating Body shall contain the following details:
country of origin;
the following text: "The bearer of this card is an International Observer and is entitled to Privileges and Immunities in accordance with the Interim Agreement"; and
The accreditation card of other observers shall not be the same color as the card for members of observer delegations in subparagraph b. above, and shall contain the following details:
the words "Election Observer";
the following text: "The bearer of this card is an Election Observer entitled to all possible assistance in the conduct of his or her tasks in accordance with the Interim Agreement."; and
Privileges and immunities
Observer delegations and members of the coordinating body (hereinafter "delegation members") shall be granted, according to international standards, the privileges and immunities necessary for the fulfillment of their activities in accordance with Appendix 3 to this Annex.
The names of delegation members will be supplied in advance by the CEC to Israel, following which privileges and immunities will be granted in accordance with Appendix 3.
Trilateral coordination forum for logistics and security
The CEC, Israel and the European Union shall establish a trilateral forum for the purpose of dealing with issues (for example: security of observers, communications, visas, identification, and other questions of logistics) which are raised by observer delegations as requiring assistance, or which otherwise require coordination between the members of the trilateral forum. Other matters relating to the conduct of the elections may be dealt with between the CEC and the European Union bilaterally. The operational modalities of the trilateral forum will be agreed by the parties at its first meeting.
Freedom of movement
For the purposes of election observation, all measures necessary will be taken to ensure freedom of movement in all areas of operation.
Observers will not be accompanied by official representatives of the CEC or of Israel unless they so request.
Equipment of observers
Members of observer delegations will be identifiable by a distinctive outfit (cap, shirt, jacket etc.) and an overjacket carrying the words "INTERNATIONAL OBSERVER" in Arabic and English. Other observers will be otherwise identified.
Observers will not carry arms.
Reporting by observer delegations
During and following the election, the coordinating body, each individual observer delegation, and other observers may issue statements and hold press conferences as to their findings.
Domestic observers and parallel vote tabulations
Domestic observer organizations will be required to be independent of parties, coalitions and groupings of electors with nominated candidate(s) and will be accredited by the CEC on request. Domestic observer organizations will operate under the common terms of reference for domestic observers attached in Appendix 2. Any parallel vote tabulation organization will also be accredited as a domestic observer organization.
Provisions for journalists
Domestic and international journalists will be accredited by the CEC upon production of valid press documentation. Journalists shall enjoy freedom of the press and of movement in all areas in order to cover the electoral process. Journalists shall have access to all electoral facilities during all stages of the electoral process. The electoral authorities may request the presentation of the issued accreditation in order to facilitate this access.
A subcommittee of the CAC shall be established comprising representatives of the CEC and Israel, to coordinate issues relating to election campaigning in Jerusalem. Candidates conducting campaign activities in Jerusalem shall apply for the necessary permits through the CEC. The CEC shall obtain the necessary permits from the Israeli side in the CAC subcommittee. In addition, the CEC may disqualify candidates whose election campaigning in Jerusalem fails to comply with the provisions of the Palestinian Election Law and this Agreement.
Location A number of Palestinians of Jerusalem will vote in the elections through services rendered in post offices in Jerusalem, in accordance with the capacity of such post offices.
The relevant post offices for the purposes of these arrangements shall be:
Salah-a-din post office;
Jaffa Gate post office;
Shuafat post office;
Beit Hanina post office; and
Mount of Olives post office.
International observers will be present in the above post offices on the day of the elections.
Those Palestinians of Jerusalem who will vote in the elections through post offices in Jerusalem shall be notified of the relevant post office by Electoral Registration card provided by the CEC (hereinafter "the electors").
On arrival at the post office, electors shall identify themselves to the relevant postal personnel (hereinafter "the personnel") and present their Electoral Registration card.
The personnel shall provide the electors with the following:
two ballot papers, one for the election of the Ra'ees, and one for the election to the Council; and
two envelopes addressed to the DEO.
The electors shall mark the ballot papers at the post office counter, then place them in the envelopes to be inserted in receptacles, the size and shape of which shall be agreed between the two sides.
At the end of the day, the receptacles shall be promptly delivered to the office of the relevant DEO. Such delivery shall be open to international observers. These receptacles shall be sealed prior to delivery.
The DEO shall be responsible for the counting and totaling of votes cast through the arrangements set out above as part of the total election count.
The data will be provided on a DAT (2GB) tape. If possible, the data will be transferred by means of the TAR program.
The data will be provided in a file which accords with Microsoft Windows Arabic Standard.
The data will be provided in a flat file and not an export file.
A table indicating the relationship between the PSC codes and the names of their respective localities will be provided.
An experimental input of 100 entries will be tried, not later than two weeks after the start of the canvass.
Format of the data
The file to be transferred shall be in the following format:
|Date of birth||DATE||6-YYMMDD|
The ID Number may have a length of 8 where there is no check digit. In this case, the final space should be left blank.
The ID Type field may contain one of three values:
Comprehensive motor insurance shall be acquired for each such car.
Each observer delegation will be allowed to import and re-export all necessary equipment, including cars, which it considers necessary to fulfill its duties. Within the framework of the trilateral forum, Israeli and/or Palestinian customs authorities will perform appropriate customs clearances through a special expedited procedure under the supervision of senior customs officials. All imported equipment, materials, articles or goods exempted from import taxes and duties will be re-exported or donated according to applicable customs procedures agreed upon between the two sides at the conclusion of the mission of the observer delegations.
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