Annex II
Protocol Concerning Elections
Contents
Basis of Elections
General Provisions
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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.
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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 Central Election Commission
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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 competencies 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.
4.
a. 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.
b. 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 and the Electoral Register
1. Right to Vote
a. 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.
b. 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.
c. No person may be registered as an elector
in more than one polling district, as defined in paragraph 2 below.
d. 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.
e. Israeli citizens shall not be entered on
the Electoral Register.
f. To be qualified to be entered on the Electoral
Register, a person must:
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be Palestinian;
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be 17 years old or older;
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have his or her abode in the polling district where he or
she is registered to vote;
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not be disqualified under subparagraph k. below; and
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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.
g. Any person who:
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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
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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.
h. 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.
i. 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.
j. 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.
k. The following persons will be disqualified
from being entered on the Electoral Register:
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any person deprived of the right to vote by judicial sentence,
while that sentence is in force;
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any person declared incapable by judicial decision; and
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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.
2. The Electoral Register
a. 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").
b. 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.
c. 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.
d. 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 there on. Such a person may vote if he or she
has reached his or her 18th birthday on or before polling day.
e. 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 cthat 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".
f. 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").
g. 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 satisfactory evidence
within 7 days that the person is entered in the Population Register.
h. 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."
i. 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 and Nomination of Candidates
1. Qualification to be a candidate
a. 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.
b. 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.
c. Israeli citizens may not be candidates
for election to be a member of the Council or to be the Ra'ees.
2. Nominations
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:
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commit or advocate racism; or
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pursue the implementation of their aims by unlawful or non-democratic
means.
3. Nomination procedures - The Council
a. Nominations shall be submitted to the DEC
on the official nomination papers, as specified in the Palestinian Election
Law.
b. 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.
c. 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.
d. 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.
4. Nomination procedures - The position of
the Ra'ees
a. The nomination of any candidate shall be
submitted to the CEC on the official nomination paper, as specified in
the Palestinian Election Law.
b. The CEC will publish the provisional Statement
of Persons Nominated 3 days after the close of nominations.
c. 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.
d. 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.
The Election Campaign
1. General campaign provisions
a. 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
b. the electorate's vote, shall constitute
campaign activities. Candidates and their supporters may promote their
campaign by any legal means.
c. 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.
d. Campaigning on the day before polling day,
or on polling day itself, will not be permitted.
2. Rallies and meetings
a. 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.
b. 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.
c. 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.
d. 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.
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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.
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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.
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With regard to applications to hold such a campaign activity
outside the areas in whithe Palestinian Police exercises responsibility
for public order, the activity shall only take place after coordination
and confirmation through the relevant DCO.
International Observation of Elections
1. International Standards
The election process will be open to international
observation. Observation will be conducted according to accepted international
standards.
2. Scope of observation
a. 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.
b. 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
c. authorities.
d. 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.
e. 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.
3. Source of observers
It is envisaged that observers will be present
from all parts of the world.
a. 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.
b. Other observers, including those representing
non-governmental organizations, will also be present.
4. Coordinating body
The European Union will act as the coordinator
for the activity of observer delegations.
5. Accreditation of observers
a. 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).
b. The accreditation card of members of observer
delegations and members of the Coordinating Body shall contain the following
details:
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full name;
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country of origin;
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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
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a photograph.
c. 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:
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name;
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organization;
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the words "Election Observer";
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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
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a photograph.
6. Privileges and immunities
a. 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.
b. 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 .
7. 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.
8. Freedom of movement
a. For the purposes of election observation,
all measures necessary will be taken to ensure freedom of movement in all
areas of operation.
b. Observers will not be accompanied by official representatives
of the CEC or of Israel unless they so request.
9. Equipment of observers
a. 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.
b. Observers will not carry arms.
10. 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.
11. 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.
12. 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.
Election Arrangements Concerning Jerusalem
1. Election Campaigning
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.
2. Polling Arrangements
a. 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:
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Salah-a-din post office;
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Jaffa Gate post office;
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Shuafat post office;
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Beit Hanina post office; and
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Mount of Olives post office.
b. International Observation
International observers will be present in
the above post offices on the day of the elections.
c. Procedure for Voting
(1)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").
(2)On arrival at the post office, electors shall
identify themselves to the relevant postal personnel (hereinafter "the
personnel") and present their Electoral Registration card.
(3)The personnel shall provide the electors with the
following:
a. two ballot papers, one for the election of
the Ra'ees, and one for the election to the Council; and
b. 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 shape of which shall be agreed between the
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two sides.
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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
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delivery.
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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.
Agreed Format for Canvass Information
1. Computer specifications
a. The data will be provided on a DAT (2GB)
tape. If possible, the data will be transferred by means of the TAR program.
b. The data will be provided in a file which
accords with Microsoft Windows Arabic Standard.
c. The data will be provided in a flat file
and not an export file.
2. General points
a. A table indicating the relationship between
the PSC codes and the names of their respective localities will be provided.
b. An experimental input of 100 entries will be tried,
not later than two weeks after the start of the canvass.
3. Format of the data
a. The file to be transferred shall be in
the following format:
|
Content
|
Type
|
Length
|
|
ID Number
|
NUMBER
|
9
|
|
ID Type
|
NUMBER
|
1
|
|
Date of birth
|
DATE
|
6-YYMMDD
|
|
Sex
|
NUMBER
|
1
|
|
PSC code
|
NUMBER
|
5
|
a. 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.
b. The ID Type field may contain one of three
values:
1 Israeli ID (West Bank)
2 Palestinian Authority ID
3 Israeli ID (Jerusalem).
d. The Sex field may contain one of two values:
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Male
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Female.
e. When not fully known, dates of birth will
be entered as follows:
i. When the day of the month is not known,
00 will be entered.
ii. When the month is not known, 00 will be
entered.
iii. Where the entire date of birth is unknown,
it will be entered as 000000.
Common Terms of Reference for Observers
A. International Observers
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Observers are invited to observe the full Palestinian election
process, from the announcement through registration, campaign, polling,
counting, compiling of results and complaints procedures.
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All bodies sending observers will be free in their choice
of observers. All observers will be issued on arrival with accreditation
by the CEC.
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Any accredited observer is free to have contact with any
person at any time and anywhere and to attend all election related events.
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Israel will allow accredited observers to travel through
and to get accommodation in Israel.
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The premises, equipment and property, including papers, documents
(including computerized documents), communications, correspondence and
databases of observer organizations shall be respected by each side according
to its applicable laws. This provision shall apply also to the
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property of observers created, maintained or used for the
purposes of their work or duties.
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Members of observer delegations will wear their distinctive
outfit (caps, shirts, jackets etc., including the words "INTERNATIONAL
OBSERVER" in Arabic and English) whenever and wherever they go on duty.
Observers who are not members of observer delegations in accordance with
Article V, paragraph 3.a of this Annex (hereinafter "other observers")
will be otherwise identified.
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All observers will be responsible for the arrangement of
their own accommodation, equipment, means of transport, and medical and
other insurance.
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The CEC and Israel will bear no financial liability in respect
of expenditure undertaken by observers, or of injury, damage or loss incurred
by observers in the course of their duties or otherwise. The European Union
will only bear such liability in relation to members of the coordinating
body and to the European Union observers and only to the extent that it
explicitly agrees so to do.
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No restriction shall be placed on introducing foreign currency
to fund the activities of observers nor on the repatriation of such funds
to any country abroad nor on the free exchange of foreign currency through
an authorized dealer in exchange at the market rate of exchange.
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All necessary measures shall be taken to ensure the security
of observers. Enhanced security will be provided as necessary on request.
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All observers have the right to emergency medical assistance,
including emergency evacuation as necessary. The appropriate Israeli and
Palestinian authorities undertake to provide such emergency assistance
and evacuation.
B. Domestic Observers
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Domestic observers are invited to observe the full Palestinian
election process, from the announcement through registration, campaign,
polling, counting, compiling of results and complaints procedures.
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All domestic observer bodies will be free in their choice
of observers. Domestic observers will be issued with accreditation by the
CEC.
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Any accredited domestic observer is free to move and to have
contact with any person at any time and anywhere and to attend all election
related events.
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Freedom of speech for domestic observers in regard of words
spoken or written in their official capacity shall be guaranteed.
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The premises, equipment and property, including papers, documents
(including computerized documents), communications, correspondence and
databases of domestic observer organizations shall be respected by each
side, according to its applicable laws. This provision shall apply also
to the property of domestic observers created, maintained or used for the
purposes of their work or duties.
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Israel will allow accredited domestic observers from the
list provided by the CEC to travel through Israel in the course of their
duties.
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All observers will be responsible for the arrangement of
their own equipment, means of transport, and medical and other insurance.
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The CEC and Israel will bear no financial liability in respect
of expenditure undertaken by observers, or of injury, damage or loss incurred
by observers in the course of their duties or otherwise.
Privileges and Immunities of International
Observer Delegations
For the purpose of this Appendix, privileges
and immunities shall be granted to all accredited members of international
observer delegations, and members of the coordinating body and personnel
appointed by observer delegations to perform activities related to the
election observation (hereinafter "delegation members").
1. Delegation members shall:
a. be immune from personal arrest or detention,
and from seizure of any personal belongings;
b. be immune from legal process in respect
of words spoken or written or acts done by them in the course of the performance
of their mission;
c. enjoy inviolability for all papers and
documents, including computerized documentation; and
d. be permitted, for the purposes of their
official communications, to use codes and to receive papers and correspondence
by courier or sealed bags.
2. The inviolability and freedom of communications
and correspondence to and from delegation members shall be assured.
3. The premises, including all archives and
databases, property, funds and assets of delegation members shall:
a. be protected and inviolable; and
b. be immune from search, requisition, confiscation,
expropriation and any other form of interference, whether by executive,
administrative, judicial or legislative action.
4. Without prejudice to their privileges and
immunities, it is the duty of all persons enjoying these privileges and
immunities to respect the laws and regulations in force in the areas under
each side's jurisdiction.
5. The coordinating body and each observer
delegation will be able to acquire and use freely and efficiently, from
the beginning to the end of its operation, the means of communication necessary
for it to fulfill its duty. Within the framework of the trilateral forum
as defined in Article V, paragraph 7 of this Annex (hereinafter "the trilateral
forum"), the Israeli and Palestinian authorities will ensure access to
all necessary communication lines and frequencies.
6. The coordinating body and each observer
delegation will have access to either or both of:
a. special license plates and necessary permits,
agreed in the trilateral forum, for cars bought or hired locally; and
b. special license plates for cars imported
and re-exported.
Comprehensive motor insurance shall be for
each such car.
7. Any equipment, materials, articles or goods
imported by the coordinating body or any observer delegation in connection
with their activities shall be exempt from all custom and import taxes
and duties. It is understood, however, that such exemption does not include
charges for services provided at Israeli points of entry. In the event
of a request to pay storage charges resulting from an undue delay caused
by Israeli authorities as certified by the trilateral forum, storage charges
shall be reimbursed.
Questions relating to such imports regarding
prohibitions or restrictions, in accordance with the law, shall be raised
in the trilateral forum and dealt with under expedited procedures.
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.
8. a. Palestinians recruited locally to perform
services for the coordinating body or for an observer delegation (hereinafter
"local personnel") shall, subject to the provisions of this paragraph,
enjoy in the West Bank and the Gaza Strip:
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freedom of movement in the exercise of their duties; and
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immunity from prosecution in respect of words spoken or written
and any act performed by them in the exercise of their duties.
b. Observer delegations and the coordinating
body shall provide lists of local personnel to the CEC, which will accredit
such local personnel following prior coordination with Israel. Accredited
local personnel shall be issued with a certificate in Arabic, English and
Hebrew, possession of which shall be necessary to enjoy the freedom of
movement and immunity in subparagraph a. Above.
c. The certificate will include the following
text:
"The bearer of this certificate is officially
attached to an international observer delegation. He or she is entitled
to drive or travel in a vehicle bearing special observer delegation license
plates in the course of his other legitimate duties. He or she is entitled
to limited immunity in the course of such duties, in accordance with the
Interim Agreement."
d. Such local personnel shall not enjoy immunity
from any legal process related to traffic offenses, or damage caused by
such offenses.
e. Matters regarding arrangements for entry
by local personnel into Israel and for movement by local personnel between
the West Bank and the Gaza Strip, including the issuance of entry certificates,
will be handled within the trilateral forum by the Israeli representative
to that forum, who shall, to that end, maintain ongoing contacts with the
appropriate Israeli authorities with a view to expediting all related matters.
f. Local personnel shall not carry arms.
9. The coordinating body, and observer delegations,
may display their flag and/or emblem on their office premises and vehicles.
10. Within the framework of the trilateral
forum, the Palestinian and Israeli authorities will appoint liaison officers
as appropriate to ensure that all arrangements relating to requests concerning
logistics and security are implemented.