SADC PRINCIPLES AND GUIDELINES GOVERNING (1992)

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SADC PRINCIPLES AND GUIDELINES GOVERNING
DEMOCRATIC ELECTIONS
1. INTRODUCTION
SADC region has made significant strides in the consolidation of
the citizens’ participation in the decision-making processes and
consolidation of democratic practice and institutions. The
Constitutions of all SADC Member States enshrine the principles of
equal opportunities and full participation of the citizens in the
political process.
The Southern African countries, building upon their common
historical and cultural identity forged over centuries, agreed to
encapsulate their commonality into a single vision, that of a
SHARED FUTURE. In this context, in 1992 the Southern African
countries meeting in Windhoek, the Republic of Namibia, signed a
Treaty establishing the Southern African Development Community
(SADC).
Article 4 of the Treaty stipulates that “human rights, democracy and
the rule of law” are principles guiding the acts of its members.
Article 5 of the Treaty outlines the objectives of SADC, which
commits the Member States to “promote common political values,
systems and other shared values which are transmitted through
institutions, which are democratic, legitimate and effective. It also
commits Member States to “consolidate, defend and maintain
democracy, peace, security and stability” in the region.
The Protocol on Politics, Defence and Security Cooperation
provides that SADC shall “promote the development of democratic
institutions and practices within the territories of State Parties and
encourage the observance of universal human rights as provided
for in the Charter and Conventions of the Organization of African
Unity [African Union] and the United Nations.”
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In addition, the Strategic Indicative Plan for the Organ (SIPO), as
the implementation framework of the Protocol, emphasizes the
need for democratic consolidation in the region. The development
of the principles governing democratic elections aims at enhancing
the transparency and credibility of elections and democratic
governance as well as ensuring the acceptance of election results
by all contesting parties.
The Guidelines are not only informed by the SADC legal and policy
instruments but also by the major principles and guidelines
emanating from the OAU/AU Declaration on the Principles
Governing Democratic Elections in Africa – AHG/DECL.1 (XXXVIII)
and the AU Guidelines for African Union Electoral Observation and
Monitoring Missions – EX/CL/35 (III) Annex II.
2. PRINCIPLES FOR CONDUCTING DEMOCRATIC ELECTIONS
2.1 In the event a Member State decides to extend an invitation to
SADC to observe its elections, this shall be based on the provisions
of the Protocol on Politics, Defence and Security Cooperation.
2.2 SADC Member States shall adhere to the following principles in
the conduct of democratic elections:
2.1.1 Full participation of the citizens in the political process;
2.1.2 Freedom of association;
2.1.3 Political tolerance;
2.1.4 Regular intervals for elections as provided for by the respective
National Constitutions;
2.1.5 Equal opportunity for all political parties to access the state media;
2.1.6 Equal opportunity to exercise the right to vote and be voted for;
2.1.7 Independence of the Judiciary and impartiality of the electoral
institutions; and
2.1.8 Voter education.
2.1.9 Acceptance and respect of the election results by political parties
proclaimed to have been free and fair by the competent National
Electoral Authorities in accordance with the law of the land.
2.1.10 Challenge of the election results as provided for in the law of the
land.
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3 MANDATE AND CONSTITUTION OF THE SADC
OBSERVERS MISSION
3.1 In the event a Member State deems it necessary to invite SADC to
observe is elections, the SADC Electoral Observation Missions
(SEOM) have an Observation role. The mandate of the Mission
shall be based on the Treaty and the Protocol on Politics, Defence
and Security Cooperation.
3.2 The Chairperson of the Organ shall officially constitute the Mission
upon receipt of an official invitation from the Electoral Authority of a
Member State holding the elections.
3.3 The Chairperson of the Organ shall mandate the Executive
Secretary to issue a Letter of Credential to each Member of the
SEOM prior to their deployment into the Member State holding
elections.
3.4 The constitution of the Mission should comply with the SADC
policies relating to gender balance. While recognising that the
Members of the Mission may come from different political parties
in the home countries, they should behave as a team.
4. GUIDELINES FOR THE OBSERVATION OF
ELECTIONS
4.1 SADC Member States shall be guided by the following guidelines to
determine the nature and scope of election observation:
4.1.1 Constitutional and legal guarantees of freedom and rights of the
citizens;
4.1.2 Conducive environment for free, fair and peaceful elections;
4.1.3 Non-discrimination in the voters’ registration;
4.1.4 Existence of updated and accessible voters roll;
4.1.5 Timeous announcement of the election date;
4.1.6 Where applicable, funding of political parties must be transparent
and based on agreed threshold in accordance with the laws of the
land;
4.1.7 Polling Stations should be in neutral places;
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4.1.8 Counting of the votes at polling stations;
4.1.9 Establishment of the mechanism for assisting the planning and
deployment of electoral observation missions; and
4.1.10 SADC Election Observation Missions should be deployed at least
two weeks before the voting day.
5. CODE OF CONDUCT FOR ELECTION OBSERVERS
5.1 The code of conduct for the elections observers of SADC are
consistent with those of the OAU/AU Declaration on the Principles
Governing Democratic Elections in Africa - AHG/DECL. 1
(XXXVIII). In this regard, the SADC Election Observation Missions
shall adhere to the following code of conduct:
5.1.1 Must comply with all national laws and regulations;
5.1.2 Shall maintain strict impartiality in the conduct of their duties,
and shall at no time express any bias or preference in relation to
national authorities, parties and candidates in contention in the
Election process. Furthermore they will not display or wear any
partisan symbols, colours or banners;
5.1.3 Shall neither accept nor attempt to procure any gifts, favours or
inducements from a candidate, their agent, the parties or any other
organisation or person involved in the electoral process;
5.1.4 Shall immediately disclose to the relevant SADC structures any
relationship that could lead to a conflict of interest with their duties
or with the process of the observation and assessment of the
elections;
5.1.5 Will base all reports and conclusions on well documented, factual,
and verifiable evidence from multiple number of credible sources as
well as their own eye witness accounts;
5.1.6 Shall seek a response from the person or organisation concerned
before treating any unsubstantiated allegation as valid;
5.1.7 Shall identify in their reports the exact information and the sources
of the information they have gathered and used as a basis for their
assessment of the electoral process or environment;
5.1.8 Shall report all information gathered or witnessed by them honestly
and accurately;
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5.1.9 Shall, when meeting election officials, relevant state authorities and
public officials, parties, candidates and their agents shall inform
them of the aims and objectives of the SEOM;
5.1.10 May wish to bring irregularities to the attention of the local election
officials, but they must never give instructions or countermand
decisions of the election officials;
5.1.11 Will carry any prescribed identification issued at all times, and will
identify themselves to any interested authority upon request;
5.1.12 Will undertake their duties in an unobtrusive manner, and will not
interfere with the election process, polling day procedures, or the
vote count;
5.1.13 Will refrain from making personal or premature comments or
judgements about their observations to the media or any other
interested persons, and will limit any remarks to general information
about the nature of their activity as observers;
5.1.14 Must participate in the briefings/training provided by the SEOM;
5.1.15 Must provide their reports on time to their supervisors and attend
any debriefings as required; and
5.1.16 Should work harmoniously with each other and with observers from
other organisations in their area of deployment.
6 RIGHTS AND RESPONSIBILITIES OF SADC
ELECTION OBSERVERS
6.1 The rights and responsibilities of the SOEM are based on the
SADC experience and the AU Guidelines for Electoral Observation
and Monitoring Missions. Accordingly the following shall be the
rights and responsibilities of the SADC Elections Observers:
6.1.1 Freedom of movement within the host country;
6.1.2. Accreditation as election observers on a non-discriminatory basis:
6.1.3. Unhindered access to and communicate freely with the media;
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6.1.4 Free access to all legislation and regulations governing the
electoral process and environment;
6.1.5 Free access to electoral registers or voters’ roll;
6.1.6 Unimpeded and unrestricted access to all polling stations and
counting centres;
6.1.7. Communicate freely with all competing political parties, candidates,
other political associations and organisations, and civil society
organisations;
6.1.8. Communicate freely with voters without prejudice to the electoral
law proscribing such communication in order to protect the secrecy
of the vote;
6.1.9 Communicate with and have unimpeded and unrestricted access to
the National Election Commission or appropriate electoral authority
and all other election administrators;
6.1.10. The SEOM shall be headed by an appropriate official from the
Office of the Chairperson of the Organ who shall also be the
spokesperson of the Mission;
6.1.11. Send regular reports on the electoral observation process to the
Representative of the Organ on issues that may require urgent
consideration;
6.1.12 Issue a statement on the conduct and outcome of the elections
immediately after the announcement of the result; and
6.1.13 Prepare a Final Report within 30 (thirty) days after the
announcement of the results.
7. RESPONSIBILITIES OF THE MEMBER STATE HOLDING
ELECTIONS
7.1 Take necessary measures to ensure the scrupulous
implementation of the above principles, in accordance with the
constitutional processes of the country;
7.2 Establish where none exist, appropriate institutions where issues
such as codes of conduct, citizenship, residency, age requirements
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for eligible voters and compilation of voters’ registers, would be
addressed;
7.3 Establish impartial, all-inclusive, competent and accountable
national electoral bodies staffed by qualified personnel, as well as
competent legal entities including effective constitutional courts to
arbitrate in the event of disputes arising from the conduct of
elections;
7.4 Safeguard the human and civil liberties of all citizens including the
freedom of movement, assembly, association, expression, and
campaigning as well as access to the media on the part of all
stakeholders, during electoral processes as provided for under
2.1.5 above;
7.5 Take all necessary measures and precautions to prevent the
perpetration of fraud, rigging or any other illegal practices
throughout the whole electoral process, in order to maintain peace
and security;
7.6 Ensure the availability of adequate logistics and resources for
carrying out democratic elections;
7.7 Ensure that adequate security is provided to all parties participating
in elections;
7.8 Ensure the transparency and integrity of the entire electoral
process by facilitating the deployment of representatives of political
parties and individual candidates at polling and counting stations
and by accrediting national and/other observers/monitors;
7.9 Encourage the participation of women, disabled and youth in all
aspects of the electoral process in accordance with the national
laws;
7.10 Issuing invitation by the relevant Electoral Institutions of the country
in election to SADC 90 (ninety) days before the voting day in order
to allow an adequate preparation for the deployment of the
Electoral Observation Mission;
7.11 Ensure freedom of movement of the members of the SEOM within
the host country;
7.12 Accreditation of the members of the SEOM as election observers
on a non-discriminatory basis;
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7.13 Allow the members of the SEOM to communicate freely with all
competing political parties, candidates, other political associations
and organisations, and civil society organizations;
7.14 Allow the members of the SEOM to communicate freely with voters
except when the electoral law reasonably prescribes such
communication in order to protect the secrecy of the vote;
7.15 Allow the members of the SEOM an unhindered access to and
communicate freely with the media;
7.16 Allow the members of the SEOM to communicate with and have
unimpeded access to the National Election Commission or
appropriate electoral authority and all other election administrators;
7.17 Allow the members of the SEOM free access to all legislation and
regulations governing the electoral process and environment;
7.18 Allow the members of the SEOM free access to all electoral
registers or voters’ list;
7.19 Ensure that the members of the SEOM have an unimpeded and
unrestricted access to all polling stations and counting centres.