by Munetsi Madakufamba – SANF 04 no 74
This article is part of our special daily coverage of SADC regional issues at the SADC Summit currently taking place in Grand Baie, Mauritius
MAURITIUS, 14 August — The forthcoming Southern African Development Community (SADC) Summit to be held in Mauritius from 16-17 August is expected to discuss among other issues, the draft SADC principles and guidelines on elections and democracy.
At a time when several SADC member states have held or are set to hold elections, regional norms and standards to govern the holding of democratic elections among member states are among some of the priorities.
If adopted, the SADC guidelines will guide member states on minimum standards for safeguarding the human and civil liberties of all citizens including the freedom of movement, assembly, expression and campaigning, prevention of electoral fraud, rigging or other such practices as may cause unfair advantages to any one party.
Among the principles to be tabled at the Summit include: full participation of citizens in the political process, freedom of association, political tolerance, equal opportunity for all political parties to access the state media and equal opportunity to exercise the right to vote for and be voted for.
In addition, the draft calls for an independent judiciary, impartiality of the electoral institutions and voter education in member states conducting elections.
The draft says in election observation and monitoring, member states should be guided by constitutional and legal guarantees of freedom and rights of citizens to ensure unfettered elections.
A draft code of conduct for election observers and monitors based on the African Union (AU) Declaration on the Principles Governing Democratic Elections in the continent is also believed to be part of the guidelines.
South Africa and Malawi held elections in April and May respectively while Botswana, Namibia and Mozambique are scheduled to hold theirs in October, November and December respectively.
Several SADC member states are implementing electoral reforms at varying levels, with Zimbabwe, having recently proposed reforms to make the elections process more democratic.
“These proposed changes, which also take into account ongoing regional consultations on developing electoral norms and standards for the SADC, envisage the creation of an independent electoral commission as the principle player …” said the country’s president, Robert Mugabe.
President Mugabe reiterated that to be effective, electoral reforms need a solid backing of independent institutions dealing with electoral disputes, handling political excesses and taking care of the whole electoral process. Zimbabwe is due to hold parliamentary elections in March 2005.
The ongoing electoral reforms are in line with the overall objective of the SADC guidelines which seek to ensure that member states holding elections 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.”
Southern African member states that have undergone elections in the last few years have been able to avert conflict, although losing parties have often resorted to legal channels. However, election petitions tend to be long and tedious, and an extra burden on the justice system, hence proposals by experts for countries to consider establishing Electoral Courts that would deal timeously with all grievances related to the process.
South Africa already has an Electoral Court while other countries are exploring possibilities. In Zambia, recommendations have already been made by key stakeholders for on-going electoral and constitutional reform processes to set up an Electoral Court.
A regional conference held in July by the SADC Electoral Commissions Forum (ECF) in Southern Africa to share experiences and adopt a common approach to elections and democracy noted the need to ensure the integrity of institutions managing elections.
The SADC ECF was formed in 1998 to strengthen cooperation among regional electoral commissions. Its aim is to promote free, fair and transparent elections in regional member states through democracy and accountable government.
The conference cited that one of the shortcomings for such bodies in the region, is inadequate funding which has led to inadequate capacity to carry out their mandate while exposing them to possible manipulation by those with funds and influence.
Speaking at the conference, President Mugabe said that locally sourced funding for national election management bodies should be increased to minimise chances of such manipulation.
The conference suggested that member states annual subscriptions to SADC-ECF be increased from US$5,000 to US$7,500.
The conference also suggested the setting up of a permanent secretariat to oversee the implementation of programmes, policies and activities. Currently, the Electoral Institute of Southern Africa (EISA) based in South Africa, has been acting as the interim secretariat. (SARDC)
