A brief by Chr. Michelsen Institute (CMI) and Centro de Estudos e Investigação Científica (CEIC) ANGOLA BRIEF April 2013 Volume 3 No.1 Controlling elections: The Angolan Election Commission The election winner, President Over the last few years, Angolan legislation on elections and the Angolan national José Eduardo dos Santos, is received by his MPLA party election commission has been strengthened considerably. In legal terms the crowd in Luanda after the 2012 Comissão Nacional Eleitoral (CNE) is now an independent commission with wide- elections. ranging powers, that might pave the way for political reform and democratisation Photo: MPLA (www.mpa.ao) in Angola. However, due to the political context it remains to be seen if this formal autonomy will be translated into a counter-balancing institution to the centralised Angolan government. ELECTION COMMISSIONS WORLDWIDE demand of the opposition in many emerging Election commissions are important regulatory democracies; it was part and parcel of the bodies throughout the developing world. An demand for free and fair elections, respect for election commission (EC) is a governmental political rights, and democracy. Independent electoral management body (EMB) charged electoral commissions are in fact a relatively with overseeing the implementation of the recent invention, and the preferred form of election laws and procedures. In many countries election management in virtually all countries the commission is also charged with the that have undertaken electoral reform since the implementation of the elections proper. early 1990s. An election commission is a special institution of ELECTION COMMISSION INDEPENDENCE control or restraint. In liberal democracies, the Many electoral management bodies purport horizontal accountability function of parliaments to be independent, but they are not. Election and courts (i.e. political checks and balances) commissions vary from tightly government- is complemented by a host of other state controlled institutions orchestrating massive institutions with a role in regulating, overseeing, system manipulation and election fraud in and preventing power abuse by the executive countries like Zimbabwe and Cameroon, to branch. Special institutions include electoral truly independent and powerful institutions commissions, auditor generals, ombudsmen, in countries like Benin and Ghana. Most Inge Amundsen central banks, and human rights commissions. commissions are, however, somewhere in the middle: a mixed, semi-autonomous government Senior Researcher Independent election commissions are usually body, which is contested, criticised, and under created as a part of a process of democratisation. pressure from incumbents and opposition An independent election commission was a main alike. ANGOLA BRIEF APRIL 2013 VOLUME 3 NO.1 CONTROLLING ELECTIONS: THE ANGOLAN ELECTION COMMISSION To be independent, This point is important: one should make a by yet another round of civil war from late clear distinction between commissions that are 1998 to early 2002. truly independent and those that are formally an election During this period, President dos Santos government and the ruling party. and the MPLA re-asserted their control over commission needs independent but decisively influenced by the the government to such an extent that both There is no clear-cut, universally accepted the GURN as well as the parliament became a guaranteed legal model of electoral management, and no subservient institutions. quantitative and internationally comparable statistics on election commission independence, In 2005, in expectation of new elections, status, procedures but there is some agreement on what is a number of laws were passed in order to required as a minimum. To be independent, regulate elections; the Electoral Law, the Law for a non-partisan an election commission needs a guaranteed on Political Parties, the Voter Registration legal status, procedures for a non-partisan Law, and the Election Observation Law. The nomination of (postponed) 2008 general elections were thus basis, and credible enforcement powers. conducted according to a thoroughly revised nominationThese fundamental of commissioners, principles area secure grounded financial in and extended legal body. commissioners, a international electoral standards and norms. The Angolan election commission, the secure financial In practice, this means that an independent Commissão Nacional Eleitoral (CNE) commission needs a constitutionally guaranteed was established through a provision of basis, and credible status, secure funding through the state budget, the Electoral Law in 2005. It became a and a procedure of nominating commissioners commission following the independent enforcement that is beyond the control of the executive. or autonomous model, i.e. it is an election In other words, an independent election management body in the form of a separate commission should be more dependent on ‘commission’ with oversight powers and a powers. the law (the judiciary) and the legislature permanent technical apparatus to handle (parliament) than on the presidency. the entire electoral process. It also includes ” commissions at the provincial and sub- ANGOLA’S ELECTION COMMISSION provincial level: Comissões Provinciais Angolan elections have been held under Eleitorais and Gabinetes Municipais Eleitorais. an increasingly sophisticated institutional The establishment of the CNE largely 1992 were held under an urgently and only emanated from above, from the MPLA framework.partially revised The firstconstitution. multiparty It didelections not provide in government’s wish to formalise, for any election commission, but one was institutionalise and ‘normalise’ the political established in a hurry in order to manage the game without losing control and without elections. This commission had a weak legal opening up for a possible government change mandate, and in practical terms the Ministry of after elections. The 2008 election result is an Territorial Administration and the provincial indicator of this; the MPLA won more than 82 governors managed the 1992 constituent per cent of the votes, well ahead of the main elections. opposition party’s 10 per cent and well above the 2/3 parliamentary majority needed to At the same time, these were the most contested make constitutional changes. elections in Angola ever. Manifestations, strikes, and heavy political activism made up a strong With its overwhelming majority, the MPLA domestic pressure for change, and the ruling government introduced and passed a new and rewritten constitution in 2010, which chances. Angolan NGOs and independent replaced the only partially reformed former MPLAprofessional was not associations confident about emerged, its electoral as did Constitution Law. Following this, more independent media. This energetic reform laws regulating elections were revised and period came to a halt soon after the elections, enacted, including the General Elections Law however, as did the reform process, because the in 2011, the Election Observation Law in 2012, opposition party (and army) UNITA could not and the Law on the Financing of Political accept electoral defeat and returned to armed Parties in 2012 (see text box). struggle. Then, from 1992 until 1997, the National “elections are organised by independent, Assembly worked almost as the former Asadministrative the new 2010 bodies”, Constitution a new Lspecifiesaw on the that People’s Assembly, dominated by the MPLA. Establishment and Functions of the National The majority of the 67 deputies elected from Election Commission was also promulgated in UNITA only took up their seats in 1997, when a April 2012. With this, all election regulation new peace agreement formed a Government of is reformulated and renewed, with the National Unity (GURN) that also included UNITA exception of local elections (that has yet to be held). a determined and active National Assembly members.started to operateFor the firstin 1997, time but in Angola’s then only history, for a FORMAL INDEPENDENCE short period until the process was interrupted According to the Constitution of Angola; 2 ANGOLA BRIEF APRIL 2013 VOLUME 3 NO.1 CONTROLLING ELECTIONS: THE ANGOLAN ELECTION COMMISSION according to the former law (the Electoral Legal FrameworK Law of 2005) and the current Law on the National Election Commission of 2012; and • LEI DOS PARTIDOS POLÍTICOS de 2005 (Lei Nº 2 de 1 de Julho 2005, Law on the Political Parties) statements, the Angolan election commission accordingis “independent”. to the CNE This website independence and other has, official • LEI DO REGISTO ELEITORAL de 2005 (Lei n.º 3 de 1 de Julho 2005, Voter however, been contested. Registration Law) According to the 2005 Electoral Law, the CNE • LEI ELEITORAL de 2005 (Lei Nº 6 de 10 de Agosto 2005, Electoral Law) was to be an independent body but had to • LEI DE OBSERVAÇÃO ELEITORAL de 2005 (Lei n.º 11 de 22 de Março relate to a number of executive branch bodies, Election Observation Law including “consultations” with the Ministry of 2012, ) • CONSTITUIÇÃO DA REPÚBLICA DE ANGOLA de 2010 (Constitution of role of supervision and arbitration was given Angola of 2010, replacing the Constitutional Law of 1975 with the 1992 Territorialto the Constitutional Administration. Court. Besides, the final amendments) The new 2012 Law on the National Election • LEI DOS PARTIDOS POLÍTICOS de 2010 (Lei n.º 22 de 3 de Dezembro 2010, Law of the Political Parties, replacing law 2/05) Commissionindependent definesbody that