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Election Management Bodies in East Africa

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Election Management Bodies in East Africa A comparative study of the contribution of electoral commissions to the strengthening of democracy A review by AfriMAP and the Open Society Initiative for Eastern Africa Alexander B Makulilo Eugène Ntaganda Francis Ang’ila Aywa Margaret Sekaggya Patrick Osodo Open Society Foundations 2015 This publication is available as a pdf on the Open Society Foundations website or the AfriMAP website under a Creative Commons licence that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. Published by: Open Society Foundations ISBN: 978-1-920677-96-1 For more information contact: AfriMAP PO Box 678 Wits, 2050 Johannesburg, South Africa [email protected] www.afrimap. org Open Society Initiative for Eastern Africa (OSIEA) ACS Plaza, Lenana Road, Nairobi, Kenya www.osiea.org Layout and printing: COMPRESS.dsl | www.compressdsl.com Contents List of tables and figures v List of boxes vi Abbreviations and acronyms vii Preface xiii Introduction xvii 1 Overview 1 A. Introduction 1 B. Models of EMBs 2 C. Colonial legacy 5 D. Violence and election management reforms 5 E. Membership of EMBs and the appointment of commissioners 6 F. Independence and effectiveness 8 G. Common challenges to electoral management 9 H. EMBs and the East African Community 11 I. Conclusion 12 J. Options for reforming electoral management 12 2 Burundi – Eugène Ntaganda 17 A. Summary 17 B. Historical and political context 20 C. The National Independent Electoral Commission 29 D. Funding of elections 42 E. Management of electoral disputes 45 F. A critical assessment of election management in Burundi 50 G. Pre-2015 debate on electoral reform 62 H. Recommendations 64 3 Kenya – Francis A. Aywa 67 A. Summary 67 B. Political development and electoral history 68 C. Evolution of election management reforms 72 D. The Independent Electoral and Boundaries Commission 78 E. Election observation and monitoring 107 F. Funding of elections 108 G. Management of electoral disputes 110 H. A critical assessment of election management in Kenya 113 I. Recommendations 120 4 Rwanda – Patrick Osodo 126 A. Summary 126 B. History and politics of elections 128 C. Legal framework for elections in post-genocide Rwanda 143 D. The National Electoral Commission 156 E. Funding of elections 173 F. Management of electoral disputes 176 G. A critical assessment of election management in Rwanda 179 H. Electoral management and the debate on democratic reforms 193 I. Recommendations 194 5 Tanzania – Alexander B. Makulilo 197 A. Summary 197 B. Political history 199 C. Election management bodies 209 D. Funding of elections 222 E. Management of electoral disputes 226 F. EMB relations with other actors 229 G. A critical assessment of election management in Tanzania 234 H. Constitutional review and reform of EMBs 247 I. Conclusions 249 J. Recommendations 250 6 Uganda – Margaret Sekaggya 254 A. Summary 254 B. Political history of elections 255 C. Legal framework for the Electoral Commission 263 D. Management of electoral disputes 274 E. Financing the EC 277 F. A critical assessment of election management in Uganda 280 G. Conclusion 290 H. Recommendations 292 List of tables and figures Table 3.1 Evolution of Kenya’s EMB 74 Table 3.2 Composition of the Parliament of Kenya 89 Table 3.3 Elements of Kenya’s principal voters’ register 91 Table 3.4 Kenya’s electoral justice chain 94 Table 3.5 Election petitions status as on 30 August 2013 105 Table 3.6 Comparison of parallel vote tabulation (PVT) and official results 117 Table 5.1 Funds for the general elections in 2005 and 2010 in Tanzania 224 Table 5.2 Funds for the general elections in 2005 and 2010 in Zanzibar 226 Table 5.3 Demarcation of boundaries in Zanzibar in 2005 241 Table 6.1 Summary of the 2011 presidential election results 259 Table 6.2 Budget and source of funds for the 2011 general election 279 Figure 3.1 General election results processing and transmission in 2013 93 Figure 5.1 Parliamentary election results by political party (1995–2010) 207 Figure 5.2 Presidential election results by political party (1995–2010) 207 LIST OF TABLES AND FIGURES v List of boxes Electing district councillors 28 Ethnic representation and the role of the NIEC in the 2005 elections 38 Electoral Code on co-optation is incomplete 60 Regulating access to the media: The NEC and the Media High Council 167 The nomination of Kizza Besigye as presidential candidate 273 vi ELECTION MANAGEMENT BODIES IN EAST AFRICA Abbreviations and acronyms ACDEG African Charter on Democracy, Elections and Governance ACE Administration and Cost of Elections ACHPR African Charter on Human and Peoples’ Rights ADC-Ikibiri Alliance Démocratique pour le Changement (Democratic Alliance for Change) AEMO African Elected Members Organisation AfriCOG Africa Centre for Open Governance AfriMAP Africa Governance Monitoring and Advocacy Project AMNUT All Muslim Nationalist Union of Tanganyika ANC African National Congress APP Akamba Peoples’ Party APRM African Peer Review Mechanism APRODH Association Burundaise pour la Protection des Droits Humains et des Personnes Détenues APROSOMA Association pour la Promotion Sociale des Masses (Association for Social Promotion of the Masses) ASP Afro-Shirazi Party AU African Union BIF Burundi Francs BNUB United Nations Bureau in Burundi BVR biometric voter registration CCA Commission for the Constituent Assembly CCEDU Citizen’s Coalition for Electoral Democracy in Uganda CCM Chama Cha Mapinduzi (Party of the Revolution) CECI Municipal Independent Electoral Commission CENI Commission Electorale Nationale Indépendante (National Independent Electoral Commission) CEO chief executive officer CEPI Commission électorale provinciale indépendante (Provincial Independent Electoral Commission) ABBREVIATIONS AND ACRONYMS vii CHADEMA Chama cha Demokrasia na Maendeleo (Party for Democracy and Progress) CNC National Communication Council CNDD Conseil National Pour la Défense de la Démocratie (National Council for the Defence of Democracy) CNDD-FDD Conseil National Pour la Défense de la Démocratie – Forces de Défense de la Démocratie (National Council for the Defence of Democracy – Democracy Defence Forces) COSOME Coalition de la Société Civile pour le Monitoring Electoral (Coalition for the Monitoring and Observation of Elections) CP Conservative Party CPP Coast People’s Party CRC Constitutional Review Commission CSEOM Rwandan Civil Society Election Observation Mission CSO civil society organisation CUF Civic United Front Danida Danish International Development Agency DP Democratic Party DPP Director of Public Prosecutions EAC East African Community EACC Ethics and Anti-Corruption Authority EACEOM East African Community Electoral Observer Mission EACFEM East African Community Forum of Electoral Commissions EAMWS East African Muslim Welfare Society EC Electoral Commission ECK Electoral Commission of Kenya ECT Electoral Commission of Tanzania EISA Electoral Institute for Sustainable Democracy in Africa ELOG Election Observation Group EMB election management body ESF Electoral Stakeholders Forum ESP Election Support Programme EU European Union EUR Euro EVID electronic voter identification device FAR Forces armées rwandaises FDC Forum for Democratic Change FDU Inkingi Forces Démocratiques Unifiées FNL-Palipehutu Forces nationales de libération FPR Front Patriotique Rwandais viii ELECTION MANAGEMENT BODIES IN EAST AFRICA FRODEBU Front pour la Démocratie au Burundi GDP gross domestic product GNU government of national unity GTBE Gouvernement de transition à base élargie HRW Human Rights Watch IDEA International Institute for Democracy and Electoral Assistance IEBC Independent Electoral and Boundaries Commission IEC Interim Electoral Commission IFES International Foundation for Electoral Systems IIBRC Interim Independent Boundaries Review Commission IIEC Interim Independent Electoral Commission IPC Inter-Party Cooperation IPPG Inter-Parties Parliamentary Group IREC Independent Review Commission of the 2007 Elections JEEMA Justice Forum JLOS Justice, Law and Order Sector JWCEP Judiciary Working Committee on Election Preparations KADU Kenya African Democratic Union KANU Kenya African National Union KPS Kenya Prisons Service KPU Kenya People’s Union Ksh Kenya Shillings KWS Kenya Wildlife Service KY Kabaka Yekka LDGL Ligue des Droits de personnes des Grands Lacs LEGCO Legislative Council MDR Mouvement Démocratique Républicain (Democratic Republican Movement) MHC Media High Council MP Member of Parliament MRC Mouvement pour la Réhabilitation des Citoyens (Movement for the Rehabilitation of Citizens) MRND Mouvement Révolutionnaire National pour le Développement (National Revolutionary Movement for Development) MRNDD Mouvement Républicain National pour la Démocratie et le Développement (National Republican Movement for Democracy and Development) MSD Mouvement pour la solidarité et la démocratie (Movement for Solidarity and Democracy) NARC National Rainbow Coalition NCCR-Mageuzi National Convention for Construction and Reform-Mageuzi ABBREVIATIONS AND ACRONYMS ix NCF National Consultative Forum NCFP National Consultative Forum of Political Organisations NEC National Electoral Commission NEMU National Elections Monitoring Unit NGO non-governmental organisation NHRC National Human Rights Commission NIEC National Independent Electoral Commission NIS National Intelligence
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