NORMS AND STANDARDS FOR ELECTIONS IN THE SADC REGION (2001)

SADC PARLIAMENTARY FORUM
NORMS AND STANDARDS
FOR ELECTIONS IN THE SADC
REGION
Adopted by the SADC Parliamentary Forum Plenary Assembly
on the
25th March 2001
Windhoek, Namibia
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
2
A. INTRODUCTION
The experience gained by the SADC Parliamentary Forum in observing
elections in Namibia, Mozambique, Zimbabwe and Mauritius is quite
revealing. There have been significant gains in promoting democratic
governance in the SADC region since the advent of the re-introduction of
multi-party politics in the early 1990s. Periodic elections are being
conducted nearly every five years. In a few cases, elections have resulted
in the change of Governments in a peaceful manner. Indeed, most SADC
countries are making progress in managing succession peacefully. In
addition, some of the elections have produced balanced parliamentary
representation which reflect the broad spectrum of the different shades
of opinions in a country. Some of the one party dictatorial constitutions
have been duly amended to reflect the new dispensations.
Regrettably, however, neither the constitutions, nor the electoral systems
or the practices of most institutions have been aligned to the new multiparty
democratic culture. This applies to intra-party democracy or lack
of it across the board. Levels of tolerance of contesting views are still too
low as well as the empowerment of women to participate in decisionmaking
process in Government. Furthermore, a lot still remains to be
done to improve the political environment in which elections are
conducted and ensuring that the existing legal and institutional
frameworks work independently and impartially. There is still need to
address issues relating to leveling the playing field for all the players
contesting elections, inequality in the funding of political parties,
inadequate access to state-owned media and election related violence.
What is being said above is not equally applicable to all countries. We
must record, for example, the well-known fact that some countries in the
SADC region have served as models of democratic governance for over
three decades, namely Botswana and Mauritius both of which have made
phenomenal economic gains. In addition, the new democratic states
which, emerged in the 1990s in the southern part of Southern Africa
have brought in new systems and practices which promote legitimate
elections and electoral institutions such as independent electoral
commissions. The above observations are fully documented in reports on
elections in the four countries named above and on research done by the
Electoral Institute of Southern Africa (EISA) on the state of elections in
the SADC region as a whole.
As its contribution to the emergence of plural, multi-party democracy,
the SADC Parliamentary Forum has taken a keen interest in election
observation and electoral processes. The immediate objective of election
observation is to determine the openness, freeness and fairness and
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
3
elections in the SADC Region. However, the long term goal is to use
lessons learned and experiences gained in election observation to help in
strengthening the democratic processes and transparency in the conduct
of elections in SADC countries. Furthermore, it is expected that
observation will enable the SADC Parliamentary Forum to develop a
procedural manual with guidelines for observer missions. It is against
this background that the workshop was being held.
The purpose of the workshop was to use the lessons learned and
experiences gained in election observation in Namibia, Mozambique,
Mauritius and Zimbabwe to make implementable recommendations to
SADC Government leaders and SADC Parliaments. The
recommendations that were finally made at the end of the workshop
are targeted at strengthening electoral institutions, reforming
outdated legal frameworks and electoral practices, and entrenching
the democratic process in the conduct of elections thus minimising
disputes over the outcome of elections among contesting political
parties. The recommendations which form part of this report if accepted
are expected to significantly contribute to political stability in Southern
Africa.
B. PREAMBLE
Cognisant of the above situation, we the election observer
delegations of the SADC Parliamentary Forum created pursuant to
Article 10(6) of the SADC Treaty:
- Recalling the Commitment of the Heads of States and
Government to democracy and to the individual’s inalienable
Right to participate by means of free and democratic
processes in framing the society in which he or she lives; and
to peace and stability in the SADC region; the Windhoek
Declaration on Freedom of the Press; the Blantyre
Declaration on Gender Equality of 1997; the Harare
Declaration of 1991 and other International Conventions and
Instruments to which all SADC countries are Signatories;
- Recalling the provisions of Article 5 of the Constitution of
the SADC Parliamentary Forum which, inter-alia, calls for
the promotion of the principles of human rights and
democracy and the encouragement of good governance,
transparency and accountability within the SADC region;
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
4
- Recalling the role of the SADC Parliamentary Forum in
Election Observation in the SADC region;
for the purpose of institutionalising and strengthening electoral
institutions including democratic processes DO HEREBY make the
following recommendations relating to elections and individual rights;
elections and the Government; and fostering transparency and integrity
in electoral process.
C. RECOMMENDATIONS
PART 1
ELECTIONS AND INDIVIDUAL RIGHTS
1. Registration and Nomination
Problem
While Voter registration is a prerequisite to smooth elections it is
common knowledge that some individuals intending to exercise
their right to vote or to be voted as candidates in an election have
been prevented from doing so through cumbersome voter
registration requirements, nomination technical details, removal
from the voters’ register, intimidation through political violence
and kidnapping of candidates. For a voter to be properly identified
as a national of a particular state, there is need to have an identity.
Recommendations
(i) The right to vote and to be voted for should be accepted as a
birth right in accordance with the Universal Declaration of
Human Rights and the Convention on the Elimination of all
Forms of Discrimination Against Women. Therefore, eligible
individuals should have the right to non-discriminatory voter
registration and nomination procedures. This right should
be enshrined in the constitution of a country.
(ii) There should be provisions and practical arrangements for
continuous voter registration and an updated voters’ register
must be made available to all stakeholders in the elections.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
5
(iii) During nomination and selection of candidates all political
parties contesting elections must ensure adequate gender
balance in compliance with the SADC Blantyre Declaration
on Gender and Development (1997) calling on all political
parties contesting an election to commit themselves to a
minimum of 30 per cent women party candidates by the year
2005.
(iv) Provision be made for people with disability to participate
fully in the electoral process.
(v) Provisions should be made to ensure that prospective voters
are provided with a form of national identity card in good
time for registration.
2. Voting and Secrecy
Problem
There are numerous cases in our countries whereby eligible voters
have been unable or prevented from exercising their right to vote
through violence, lack of information on location of polling station,
intimidation and misinformation.
Furthermore, there are situations whereby the secrecy of the ballot
has been severely compromised by making voters queue behind
their party candidates, village headmen and threats based on the
ability of competing candidates/parties to use modern
communication equipment to tell which way a voter has voted.
Recommendations
(i) The right of eligible individuals to vote unimpeded and the
right to vote in secrecy in a ballot box should be protected
and enshrined in the constitutions of the SADC countries.
(ii) Any measures such as political violence, kidnapping,
murder, threats and sanctions such as denial of
development opportunities in opposition controlled areas
that prevent eligible individuals to register to vote and to vote
in secrecy should be perpetually outlawed by SADC member
states.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
6
(iii) Illiterate persons, old people and persons with disabilities
should be given assistance when voting by persons of their
choice.
3. Freedom of Association and Expression
Problem
It is common in some of the SADC countries that members of the
electorate belonging to other parties have been intimidated, beaten
up, tortured and even murdered for belonging to opposing parties
and for openly expressing their support for their preferred party.
Yet one of the fundamental principles of multi-party democracy
and political development process is that there should be freedom
of association and expression. This principle is violated from one
election to another.
Recommendations
(i) The sanctity of the freedom of association and expression
should be protected and strictly adhered to.
(ii) Relevant electoral laws and code of conduct should provide
for this sanctity.
(iii) Governments should establish by law ad hoc Electoral
Tribunals to enforce electoral laws and codes of conduct
during elections. They should deal with election conflicts.
PART 2
ELECTIONS AND THE GOVERNMENT
1. Commitment to Pluralism, Multi-party Democracy and Politics
Problem
The meeting welcomed the commitment to pluralism and multiparty
democracy in the first place by all SADC countries. However,
the meeting noted that there is still inadequate and lip service
commitment to multi-party democracy and politics among some of
our leaders and politicians. They talk democracy but use
undemocratic means to gain or remain in power. Yet the success
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
7
of multi-party democracy and politics depends to a large extent on
Government, political parties and other stakeholders committing
themselves to upholding the values and practices that go with
these concepts. The existence and sustainability of pluralism,
multi-party democracy and politics again depends on the
Government’s belief in a democratic culture and wish to practice
democracy. It calls for the Government to be tolerant of opposing
political views and to harmoniously co-exist with opposition
political parties.
Recommendation
The concepts of pluralism, multi-party democracy and politics
should be enshrined in the constitution as the preferred form of
political development and a basis for good governance. All
stakeholders should commit themselves to pluralism, multi-party
democracy and politics as a condition for participating in the
political process of the country.
2. Date of Elections
Problem
In most SADC countries the date as to when elections are held is a
prerogative of the ruling party if not of the President or Prime
Minister. The announcement for when the elections will take place
is often not made in good time an as such does not allow all
stakeholders to prepare for elections. This has been one of the
many sources of election conflicts resulting in some opposition
parties boycotting the elections.
Recommendations
(i) SADC Governments should ensure that the dates for general
election are fixed by provisions in their Constitutions or
electoral laws.
(ii) If this is not possible the Head of Government should be
required by the electoral law to give adequate notice of not
less than 90 days (3 months) and not more than 120 days (4
months) from the date of dissolution of Parliament for an
election date to give sufficient time to the Electoral
Commission to prepare for the elections and to demonstrate
fair play.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
8
(iii) The Parliament of each SADC State should be involved in the
alteration or fixing of election dates.
3. Misuse of Public Resources and Funding of Political Activities
Problem
In most countries the ruling party and its government seek an
unfair advantage over opposition parties through the use of public
funds and assets for its political activities, particularly meeting
campaign expenses. When opposition parties get a share of public
funds, there are complaints that such funds are inadequate,
payment is delayed and given at the will of the ruling party to the
disadvantage of opposition parties.
Recommendations
(i) In the interest of creating conditions for a level playing field
for all political parties and promoting the integrity of the
electoral process, parties should not use public funds in the
electoral process. The electoral law should prohibit the
Government to aid or to abet any party gaining unfair
advantage.
(ii) Where a policy decision is taken to financially support
political parties with taxpayers’ money, which is necessitated
by the poor resource background of most political parties, an
agreed upon formula must be used and adhered to in
allocating funds to the contesting parties. A commonly used
formula is according to the number of seats each party holds
in Parliament.
(iii) Those countries that are not yet funding contesting political
parties should introduce the necessary legislation to do so in
order to foster uniformity and leveling the playing field.
(iv) There must be accountability in the use of public funds.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
9
4. Government, Political Parties, NGOs and the Media
Problem
In the majority of SADC countries the state owned media is
controlled by Government. This often causes imbalance in the
playing field between the stakeholders mainly the ruling party and
opposition parties. It contributes to lack of transparency through
selective reporting. Where the opposition parties are given air
time, it is too short and the timing may be inappropriate. The
recent emergence of a vibrant private media has greatly
contributed to some balance in political coverage of both ruling
and opposition parties.
Recommendations
(i) Governments should take the emergence of private media as
a healthy development in the institutionalisation of the
democratic process, the conduct of elections and should
therefore refrain from taking decisions and actions that
thwart the development of a strong private media. There
should therefore be a domestic information law that
reaffirms the existence of private media.
(ii) Governments should take cognisance of the fact that the
involvement of political parties in the electoral process
fosters the transparency of the system and generates public
confidence in the system. Opposition parties should
therefore also be given equal opportunity and agreed upon
time and space on the state owned media to put their
announcements and broadcasts and advertisements. This is
a true test of the Government’s commitment to pluralism
and multi-party democracy and a democratic political
process.
(iii) The role of the civil society, mainly in election monitoring
and civic education, should be recognised by Governments.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
10
5. Electoral Commissions
Problem
Electoral Commissions do play a very important role in the
preparation for and conduct of elections. However, the
establishment, composition, status, independence, impartiality
and professionalism of some of the Electoral Commissions have
come under serious scrutiny and doubts particularly from
opposition parties and members of the public. These commissions
are accused of being pro the ruling party that has appointed them.
Recommendations
(i) In the interest of promoting and entrenching pluralism,
multi-party democracy and the integrity of the electoral
process, the complete independence and impartiality of the
Electoral Commission in dealing with all political parties
should be reaffirmed in the constitution.
(ii) The commissioners should be selected by a panel of judges
set up by the Chief Justice or the equivalent, on the basis of
the individual’s calibre, stature, public respect, competence,
impartiality and their knowledge of elections and political
development processes. The selection of commissioners
should be done in consultation with all political parties and
other interested stakeholders. The selected commissioners
are to be approved by Parliament.
(iii) To further enhance the independence and impartiality of the
Electoral Commission it should have its own budget directly
voted for by Parliament and not get its allocation from a
Ministry or a Government Department.
(iv) The Electoral Law should empower the Electoral Commission
to recruit and dismiss its own support staff on the basis of
professionalism and competence rather than getting
seconded staff from Ministries and Departments. Such staff
have no loyalty to the Electoral Commission.
(v) Security of tenure of electoral commissioners should be
entrenched in the constitutions of the SADC countries.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
11
PART 3
FOSTERING TRANSPARENCY AND INTEGRITY IN THE
ELECTORAL PROCESS
It is necessary to start this section by defining what the terms
transparency, leveling the playing field and free and fair elections
mean in the context of managing elections. These concepts are
important in fostering transparency and integrity in the electoral
process.
Transparency
Transparency refers to the degree of openness in the election
process. It is important in the conduct of elections in that it
enables the public at large, political parties and candidates to be
informed on a timely basis about developments concerning
electoral matters. It is a confidence building measure.
Level Playing Field
In the context of elections, the expression “level playing field” refers
to a requirement that the election rules and regulations apply fairly
to all political parties and candidates. It requires that the Electoral
Commission deals openly and on equal terms with each of the
political parties to enhance transparency.
Free and Fair Elections
Whether elections are free and fair is a judgmental position on the
whole process of conducting elections.
Problem
Experience has so far shown that the above three concepts feature
prominently when elections are held in any of the SADC countries.
Opposition parties often complain about the lack of transparency
in the manner in which Electoral Commissions manage elections,
the playing field being skewed in favour of the ruling party and for
the loosing parties the elections being not free and fair. What is
discussed below are some ingredients of good practices that
Governments should seriously consider adopting to enhance
transparency, ensure a level playing field, and guarantee free and
fair elections.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
12
1. Registration of Voters
Problem
Registration of voters in SADC countries is a once off thing, done
when elections are eminent. Experience shows that this practice
leaves out a substantial proportion of eligible voters. A properly
compiled register of voters provides a sound basis for the
organisation of free and fair elections. The compilation of a
satisfactory voters’ register is a biggest test of the impartiality and
technical competence of the Electoral Commission.
Recommendation
Registration of voters should therefore be a continuous exercise
and not just wait for an election.
2. Voter Education
In some cases voters’ education is left to NGOs and political
parties. Due to lack of funds it is inadequately funded and poorly
managed.
Recommendation
The Electoral Commission should be required by law to provide for
a satisfactory and adequately funded voter education programme
that helps voters to be acquainted with the voting procedures and
other aspects of civic awareness.
3. Boundary Delimitation Commissions
Problem
The main function of a Boundary Delimitation Commission is to
draw the boundaries of constituencies in a fair manner applying a
stipulated formula such as the electoral quota which uses the
average electorate of the constituencies as the basic size of the
electorate to be placed in a constituency. Experience has shown
that this is not always adhered to.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
13
Recommendations
(i) In the interest of promoting plural, multi-party democracy
and enhancing integrity of the electoral process, the
independence and impartiality of the Boundary Delimitation
Commission in drawing up constituency boundaries should
be reaffirmed in the constitutions of SADC countries. The
tenure of office of the Commissioners should be guaranteed
in the constitution.
(ii) The drawing up of constituency boundaries should be left to
the technical competence of the Boundary Delimitation
Commission without political interference. The Commission
should consult stakeholders in this process.
Gerrymandering should be outlawed.
(iii) Recommendations of the Boundary Delimitation Commission
should not be altered by any stakeholder.
4. Nomination Process
Problem
The nomination process has been a vulnerable stage in election
preparation. Prospective candidates have been prevented from
submitting their nomination papers due to violence, procedural
deficiencies and inadequate role of the courts.
Recommendation
It is therefore recommended that technical requirements/rules
should be kept to the absolute minimum. The Electoral
Commission should have powers to extend the time for particular
nomination centre and prospective candidates should have the
right to appeal to the High Court.
5. Election Campaign
Problem
Election campaign in a number of SADC countries is often riddled
with violence, murder, intimidation, destruction of property,
unequal access to state owned media and accusations by
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
14
opposition parties of a lack of a “level playing field” among the
parties contesting an election.
Recommendations
The Electoral Commission and all stakeholders in the electoral
process should therefore be required by law and be empowered to
ensure that political parties and candidates should denounce
violence in elections in order to ensure that:
- unimpeded freedom of campaign throughout the country;
- free and unimpeded access to Voters’ Rolls;
- all Government Security Forces should act impartially and
professionally;
- Presidential candidates must be provided with free and
adequate security during the election process;
- equal and free access to the state owned media;
- a code of conduct developed through consensus from all
political parties to guide behaviour in the conduct of
campaigns; and
- reasonable safeguards at political meetings, rallies, polling
stations and party premises.
The ad hoc Electoral Tribunal shall enforce the foregoing
recommendations.
6. Funding of Political Campaigns
Problem
The funding of election campaigns is an area where the misuse of
public funds is common and the playing field is not even.
Experience in most countries is that the ruling party is well
resourced (financially and assets wise) while opposition parties are
poorly funded. Ceilings on political expenditure are either not
there or ignored by all. The rich engaged in lavish expenditure to
win votes.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
15
Recommendation
The Electoral Commission should therefore be legally empowered
to prohibit certain types of expenditures so as to limit the undue
impact of money on the democratic process and the outcome of an
election. It should be empowered to ensure that proper election
expenses returns are submitted on time, to inspect party accounts,
and for parties to have properly audited and verified accounts.
7. Role of the Courts
Experience shows that the courts come into the electoral process
in terms of:
(i) handling appeals during the registration and nomination
stages;
(ii) dealing with election offences; and
(iii) attending to election petitions.
Problem
In most countries the courts are either under-funded or
understaffed or too bureaucratic to deal promptly with election
petitions and offences. Yet the courts are an important player in
ensuring a plural and multi-party democratic process.
Recommendations
(i) The courts should be strengthened in terms of both human
and financial resources to enable them adequately deal with
election petitions and offences and to ensure a level playing
field and free and fair elections.
(ii) There must be time limits for resolving election petitions.
(iii) In enhancing democracy all electable positions should be
subject of judicial review.
(iv) All cases emanating from electoral petitions should be
subject to electoral review.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
16
8. The Electoral Commission and the Media
Problem
Technical competence, impartiality in dealing with political parties
and independence of government control are not the only qualities
of a good Electoral Commission. Good relations with the media is
a desirable quality in that it fosters public confidence in the
electoral process. Experience from the SADC countries is that the
relations between the Electoral Commission and the private media
is not only a good one. Yet the media plays an important role in
terms of fostering the integrity and transparency of the Electoral
Commission and on building public confidence in the activities of
the Commission. Therefore, the Electoral Commission and the
media should view themselves as allies and not as adversaries in
the institutionalisation of the democratic process in the conduct of
elections.
Recommendations
The following good practices are offered for adoption by Electoral
Commissions in our Region:
(i) periodic meetings with representatives of the media at every
important stage of the electoral process as a way of
communicating with the general public; and
(ii) general media briefings and general statements to the media
to avoid misrepresentation.
9. Polling Stations
Problem
In some SADC countries, polling stations are in private houses,
shops and stores. This compromises the integrity of the voting
process and the secrecy of the ballot.
Recommendation
Polling stations should be public places such as schools, tents,
mobile vehicles that are neutral.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
17
10. Ballot Boxes
Problem
The nature of ballot boxes has become the subject of concern in
the voting process. Some countries still use opaque wooden boxes
which defeat the call for transparency in the electoral process.
Other countries are a step ahead in that they use transparent
ballot boxes in line with the general call for transparency in the
electoral process.
Recommendation
Those SADC countries that still use opaque wooden ballot boxes
are urged to discard them in favour of transparent ballot boxes.
11. Counting of Votes
Problem
The counting of votes is another area in the electoral process
riddled with accusations of elections being rigged in favour of the
winning party. The system of transporting ballot boxes from
polling stations to a central counting centre creates opportunities
for missing ballot boxes and other ballot boxes being sneaked in.
This is a violation of free and fair elections.
Recommendations
(i) The counting of votes should be done at the polling station
where the candidates and/or their election agents are
present. Such candidates and agents should be allowed to
remain with the boxes from closure of polling station to
counting of the votes.
(ii) There should be immediate release of official election results
on completion of counting, signed by returning officers and
confirmed by party agents.
(iii) Verification and reconciliation of ballots should be done
before counting begins and this should be done in the
presence of candidates and all their agents.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
18
(iv) In the event of a long lapse of time between the completion of
voting and the commencement of the counting, the ballot
boxes should be sealed and opened in the presence of all
polling agents.
(v) The Electoral Commission should prepare and make
available a time-table of the electoral process, including the
acquisition of electoral materials, packaging and distribution
to polling centres. The time-table, including all stages of
electoral events should, by law, be made accessible to all
stakeholders.
12. Acceptance of Election Results
Problem
It is common in some SADC countries that both ruling and
opposition parties do not easily accept election results. Some
ruling parties as well as opposition parties do not accept the
legitimacy of each other. In some cases, opposition parties are
denied funds that are due to them. The tendency therefore is for
opposition parties to act outside parliamentary jurisdiction.
Recommendations
i. The culture of accepting election results should be
cultivated and encouraged, especially when election
observers have certified the results as free and fair.
ii. Political parties contesting elections must accept defeat after
fair contests.
13. Managing Post Election Conflicts
Problem
Lack of confidence, trust and dialogue has led to conflicts among
political leaders before, during and after elections.
Recommendations
i. There is need for consensus building.
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
19
ii. There is need to create an institutional machinery at the
SADC Parliamentary Forum level to handle conflicts that
arise before, during and after elections.
iii. SADC countries should work out a mechanism of ensuring
that there is a harmonious relationship and cooperation
between the ruling parties before and after elections.
14. Role of Observers
Problem
There is a growing realisation among SADC countries that have
embraced multi-party democracy that the presence of observers
(local, regional and international) generates confidence in the
political process and international standing of the country. It often
assists the electorate and the losing political parties and
candidates to accept the election results if the election is judged by
the observers to have been held under legitimate conditions.
However, what is disputed is what constitutes free and fair
elections and on the part of the host government who should be
allowed to observe the elections. Some international bodies and
local observers are suspected of having their own agenda and may
not be impartial and have therefore been barred by host
governments from observing the elections.
Recommendations
Despite these concerns, election observers should be accepted as
part of the process to institutionalise multi-party democracy and
as a mechanism to persuade governments to adhere to the
ingredients of free and fair elections. These ingredients include:
i. acceptance by all political parties that all eligible citizens
have had a fair opportunity to register as voters and to cast
their votes;
ii. political parties contesting the election having a fair
opportunity to campaign including an equitable access to the
state owned media;
iii. the Government of the day creating a “level playing field”
condition in which all political parties have the opportunity
to put their policies and programmes to the electorate;
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
20
iv. the removal of any existing state of emergency before an
election campaign begins;
v. certification by all Polling Agents that the Voting was free
and fair at respective polling stations;
vi. the acceptance by the host government of election observers
as a factor in fostering transparency, integrity and in
institutionalising the democratic process in the conduct of
elections;
15. The Role of the SADC Parliamentary Forum in Election
Observation
Problem
The Forum has been experiencing difficulties in some member
countries in respect of timely accreditation; confusion about who
has authority to invite the Forum to observe the Elections; and a
common understanding of how the lessons from observing
elections are shared with the stakeholders. A problem also exists
in SADC because of the absence of a regional body that can assist
in resolving electoral disputes.
Recommendations
(i) The SADC Parliamentary Forum should continue to observe
elections so as to promote democratic practices and
sustainable peace in the region in line with the objectives of
the Forum.
(ii) SADC Parliamentary Forum Observer Missions should
observe the pre-election (including voter registration),
election, and post-election periods. The timing of the preelection
entry point shall be determined by the Secretariat in
consultation with stakeholders.
(iii) The SADC Parliamentary Forum should widely circulate its
election Observation Reports and engage stakeholders in the
aftermath of elections.
(iv) All Governments should endorse a standing invitation to the
SADC Parliamentary Forum to observe elections whenever
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
21
they are held in any SADC country without having to wait for
a formal invitation from the host Government.
(v) In line with the SADC Declaration which inter alia calls
upon all Governments to ensure the full participation of
women with a minimum of 30% of women in all areas of
decision making, including Parliaments. The reform of all
laws that impede the full participation of women in elections,
electoral processes and management of elections. To this
end, each and every recommendation automatically
incorporates provisions that are designed to advance the
women’s role in the governance of SADC countries.
16. Code of Conduct for the Forum as Regional Observers
Problem
Whereas observers have the noble duty to see that elections are
held in a free and fair atmosphere it does not mean that they are
100% impartial. Some election observers may have their own
hidden agendas. They therefore cannot carry out their work
without some guidelines on their behaviour. However, SADC
Parliamentary Forum undertakes to observe elections impartially
in line with the Constitution and Code of Conduct for the Forum.
Recommendations
Election results should be accepted by both ruling and opposition
parties and what is due to opposition parties should be given
without delay in accordance with the law.
It is therefore recommended that Governments should take a
policy position recognising the role of observers, as long as:
i. observers must be non-partisan at all times and seen to be
so. They should not express partisan political views whether
by word, symbol, conduct, song or otherwise;
ii. to respect the laws of the host Government;
iii. to respect the role, status and authority of the Electoral
Commission and presiding officers at all times;
Updated by the committee – 05.12.00 and 06.12.00 (Siavonga, Zambia)
22
iv. not to communicate with the voters at any time within the
precincts of the polling station;
v. not to interfere in the electoral process at any time; and
vi. to channel any complaints they may have to the relevant
Government and electoral officials.
17. Reform of Electoral Laws
Problem
Some of the electoral laws are cumbersome and bureaucratic. This
leads to the difficulties of attainment of good electoral standards
and norms within the region.
Recommendation
There is need to harmonize SADC countries electoral laws. This
will enhance and promote the attainment of plural politics,
democracy, peace and stability in the SADC region.
D. CONCLUSION
The above recommendations on norms and standards in conducting
plural and multi-party elections, if adopted and implemented by the
SADC Governments, would certainly go a long way to entrenching a
democratic culture, in minimising conflict and contributing to political
stability and peaceful development in Southern Africa.
SADC Parliamentary Forum should set up a monitoring mechanism to
ensure successful implementation of the recommendations.