EISA OCCASIONAL PAPER NUMBER 23, August 2004

Introduction

In a democracy, elections offer the freedom of choice, the power to hold elected leaders accountable and provide protection against the perpetuation of Realising effective and sustainable arbitrary rule. The deepening culture of democratic governance in Southern democratic elections is, no doubt, an Africa and beyond. outgrowth of the ‘global wave of

democratization.’ This may be viewed in

a similar context to what Samuel

Huntington terms ‘the third wave of

democratization`[1] and what Francis Election M onitoring and Fukuyama refers to as `the end of Observation in and history.’ Both notions suggest the South Africa: A Decade Review triumph of liberal democracy over the authoritarian communism of the former Eastern bloc [2]

By Closely associated with this democratic revolution is the art and practice of Adewale Banjo election monitoring and observation. With specific reference to Africa and other transitional or new democracies, monitoring elections and observing electoral rules, procedures (before, during and after the election) have, in the last decade, increasingly featured in Africa’s political process.

The concepts ‘monitoring’ and ‘observation’ are often used synonymously as though they mean the same process. Both in common usage and academic discourse, the two terms should be used to refer to two distinct, albeit intertwined, processes. The two terms are certainly intertwined and to the extent that they “refer to some form of ISBN: 1-919814-05-1 eye witnessing and fact finding The ISSN: 1811-7449 Institute for Democracy and Electoral © EISA, 2004 Assistance (IDEA) defines election monitoring as “an activity which involves the authority to observe an electoral process and to intervene in the process if relevant laws or standard procedures are being violated or ignored”[3]

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Although both election monitoring and observation review and evaluate the An election observer, therefore, is a whole electoral process, covering the person (local or foreign) who is pre-election phase, the polling day and participating in the electoral process of a the post election phase, the former is given country, not as a voter but as an more thoroughgoing and extensive than evaluator of the process, and is the latter. Thus, for Rwelamira and accredited to do so by relevant Ailola, election monitoring is a ‘little authorities of that country. International more involved than mere observing. It observers also conduct their fact-finding involves the careful scrutiny and mission in accordance with Codes of assessment of an election for purpose of Conduct where applicable. One of the determining its impartiality, in terms of most comprehensive and well organization and administration. It also development guidelines (norms and includes an assessment of the process standards) for election observation is the and actual formulation of the electoral Commonwealth Electoral Practice, law and the role of the security premised upon the 1991 Harare forces’.[4] Declaration. Among its most useful guiding principles for observation is the It is quite clear, therefore, that election provision that states…the practice of monitoring is a much more permitting local and international interventionist form of fact-finding about observers to observe elections helps to the election process. For this reason, inspire confidence in the electoral military and police observers are, when process and should be encouraged. All appropriate, engaged to monitor the observers should operate within the laws activities of national police and military of the host country and liaise with forces. Other areas which may be electoral body. Any complaints received monitored are the civil service, the by observers from political parties, media, political party campaigns, voter candidate or individuals should be education voter registration and the brought to the attention of the electoral actual voting as well as the vote body. [7] counting and results announcing processes [5]. After a critical analysis of Carter Center’s approach to election In contrast, election observation refers to observation, it appears that it is some fact finding by both internal and construed as a project to be described external actors regarding an electoral rather than a concept to be defined. process with limited or without direct intervention into the actual electoral The Carter Center observation projects process. According to the Institute for generally begin well in advance of Democracy and Electoral Assistance election. Observers’ teams are often in a (IDEA), election observation refers to, country in time to assess registration exercises and political campaigns. …The purposeful gathering of During election, the observers monitor information regarding an electoral voting and counting and remain after the process, and the making of informed ballots have been counted to monitor judgment on the conduct of such a vote tabulation process on the basis of the information collected, by persons who are not Before an election, the Carter Center inherently authorized to intervene in the observers meet with election officials process, and whose involvement in the and party leaders to discuss electoral mediation or technical assistance procedures. Sometimes they mediate activities should not be such as to election disputes and help all sides to jeopardize their main observation agree on election rules. During this responsibilities” [6] phase, an assessment is made of the - 2 - EISA OCCASIONAL PAPER NUMBER 23, August 2004 voter registration process, voter deficiencies in the voting and counting education efforts, and the fairness of the operations. Election monitoring and campaign’s“field of play”. observation may take two main forms:(a) long-term - covering all the On Election Day, observers are phases of the electoral process and (b) dispatched together with systematic short term - covering mainly polling day survey forms to urban and rural areas activities. [9] where they witness preparations to poll openings, voting and vote counting. The The Nigerian Experience with aim of this is to determine as far as Election Monitoring and Observation possible, whether the vote was secret and fair at the sites they visited. In When observer groups first surfaced on addition to talking with polling site the Nigeria electoral scene to witness the officials and party witnesses, observers presidential election of 12 June 1993, interact with citizens to note any Nigeria considered the idea as entirely complaints. novel. Today it has developed to become an accepted feature of the country’s After poll close, delegates observe the electoral process, with local observer counting of the vote and the delivery of groups also taking part. About 12,000 ballot boxes. Then the entire delegation accredited election monitors assessed the meets to discuss its observation and 27 February 1999 Presidential election issue a statement of findings as a group. between , a retired If necessary, qualified high-level general and former Head of State, and observers can serve as mediators to , former Finance Minister in facilitate the peaceful transfer of power. the Ibrahim Babangida military regime. Once election results are confirmed, the Included in this number, about 2,000 Carter Center observers, on occasion, were foreign observers drawn from remain engaged in a country through the different organisations. They came to inauguration of a new President or witness the election at the invitation of Government and beyond. This relates, in General Abdul salami Abubakar, former particular, to countries where the Center Head of State and Ephraim Akpata, has had/ or anticipates a long-term (Now late) former Chairman of the involvement.[8] Independent National Electoral Commission,( INEC) The European With reference to EISA’s thinking, Union, (EU,) sent 100 observers and the although the terms monitoring and Commonwealth, sent a 23-member observation are often used Commonwealth Observer Group interchangeably, it is worth noting that (COG).[10] the two processes are, in fact, fairly distinct, albeit intertwined. PEMMO The Carter Center was involved in defines observation as information collaboration with the National gathering or on-site fact-finding and Democratic Institute for International making informed judgments about the Affairs, (NDI), based in Washington, credibility, legitimacy and transparency D,C and the Human Rights Watch. of the electoral process. It is often Furthermore, observer groups from carried out by external agencies that Canada, Norway, Japan, and some cannot intervene in any material way in African countries were also present. the voting and counting operations. Former President of the Monitoring refers to information United States led the Carter Center gathering and examination and delegation. It comprised Mahanane evaluation of the electoral process. It is Ousmane, former Niger President, and often carried out by domestic agencies. Colin Powell, the former chairman of the They are able to draw the attention of the United Staes Joint Chief of Staff and presiding officers to observed now U.S Secretary of State. Ketumile - 3 - EISA OCCASIONAL PAPER NUMBER 23, August 2004

Masire, former President of Botswana, TMG director,re-emphasised the fact led the 23-member COG. The 100- that his group was involved in election member European Union Observers monitoring in order to contribute Mission, (EU-OM,) was led by Hans- meaningfully to the conduct of a credible Gunter Sulimma, (former German and acceptable election in Nigeria. [12] Ambassador to Canada), while another US-Based group, the International After comparing the methods applied by Republican Institute, (IRI,) was led by both local and foreign observers during Ed Royce. the previous elections, it became clear that there was no difference from those Over 10,000 domestic observers were employed during the 1999 elections. It sent by different non-governmental was a painstaking job, given the organisations, (NGOs.). The Transition Nigeria’s geo-political structure. The Monitoring Group, (TMG) and the 100 observers from the EU operated in Abuja NGO Coalition for Democracy teams of two and were deployed in the and Good Governance contributed the 36 states of the federation and in the majority of the members. Each of these Federal Capital Territory. The teams NGOs is a coalition comprising over 50 observed the election of polling stations, other NGOs and human rights the accreditation of registered voters, the organisations. poll and the count at polling station level. They then proceeded to monitor The number of observers who witnessed the collation of the results at ward and the 1999 presidential election far local government area centres. In all, the outstripped the 3,000 observers that 100 observers visited over 900 polling monitored the 1993 Presidential election. stations and witnessed the collation of Of this number, 135 were foreign. results at 200 centres. [13] Britain contributed 24 observers, the largest. The British Team with four The Commonwealth Observer parliamentarians was led by the then Group(COG) also observed the process British High Commissioner to Nigeria. from start to finish, using its own But unlike the 12,000 foreign and local methodology. Its members travelled to monitors who were accredited by INEC many parts of the country before, during in the 1999 election, the 3,000 monitors and after polling. The Carter Center-NDI in the ill-fated 1993 presidential election observers did the same thing in 24 states were invited and accredited by the and reconvened in Abuja to discuss their Center for Democratic Studies, (CDS) to findings. Thereafter they issued a give credibility to the elections. [11] preliminary report of their observation findings. The same reason probably informed the decision by INEC and Gen. Abubakar to In 1999, both the foreign and local invite observers in the run up to the 1999 observers were unanimous in their elections. At a meeting in February 1999 findings. Although the exercise took of the INEC and the TMG, Akpata stated place peacefully nationwide, there were that his Commission believed in election nevertheless instances of electoral abuse, observation and monitoring. Akpata, such as falsification of voters and who was represented by Steve Osemeke, stuffing of paper into ballot boxes. In (INEC’s Director of Public Affairs), fact, while addressing a world press agreed that the reports submitted by the Conference in Abuja on Sunday, 28 observers who monitored the local February 1999, Jimmy Carter opined government, states’ Houses of Assembly that members of his monitoring group and governorship elections, had been witnessed serious irregularities and overt very useful to the Commission in re- electoral fraud. According to him “...It appraising its strategies for future appeared that many of these electoral elections. Mr. Clement Nwankwo, the abuses were a result of collusion - 4 - EISA OCCASIONAL PAPER NUMBER 23, August 2004 between polling officials and party agents and security operatives...”[13] In The observers witnessed and obtained a letter to INEC chairman, the following evidence of widespread election fraud in day, Monday, 1 March 1999, Carter certain states. Many instances of ballot stated: “Regrettably it is not possible for box stuffing, changing of results and us to give an accurate judgment about other irregularities were observed in the outcome of the presidential election. Cross-River, Delta, Enugu, Kaduna, But all the other groups including the Imo, and Rivers. The elections in these ones dispatched by the Organization of states lack credibility and there is a need African Unity, (OAU), were of the for the relevant authorities to take opinion that the election results reflected appropriate measures. Similar the wishes of the Nigerian people". [14] irregularities were observed to lesser extent in a number of other states, 2003 Elections: Observing Observer’s including Anambra, Benue, Edo, Observation Katsina, and Nassarawa. These incidents served to undermine the electoral The various post-election reports of the processes and. irregularities should be international observers bear testimony to thoroughly investigated and addressed the fact that Nigeria’s democratic by the appropriate authority. experience is far from perfect, and, in all measures, Nigeria has yet to pass In many other states in the country and, Huntington’s two-turnover test.[15]The in particular, in South-West (including following represents the summaries of Lagos), elections were described as international and local observers reports largely orderly. Improvements were on the conduct of the 2003 elections: noted in the distribution of election materials, the timely opening of polling The EU-Election Observer Mission stations and, in some places, the secrecy of the vote. Nevertheless, substantial The EU-EOM arrived in Nigeria on 11 flaws and weaknesses remain in these March 2003 following an invitation from states, e.g. tampering with voter’s lists, Nigeria Ministry of Foreign Affairs. The ballot distribution and safeguards against mission was led by Chief Observer Mr. multiple voting. The EU-EOM observed Max Van den Berg, Member of the that there were delays and repeated polls European Parliament, Vice chairman of for the National Assembly elections. the EU Parliament Committee on These were not conducted in a Development and Cooperation and transparent and credible manner. A Member of the Joint-Parliamentary countrywide breakdown of results by Assembly of the EU – ACP States. In polling stations is recommended to the Presidential/Gubernatorial elections enhance the credibility of the process. the EU-EOM deployed 118 observers throughout Nigeria. Federal and state-owned media failed to live-up to their legal obligations in Mrs. Karin Junker member of the EU providing equal access and fair coverage Parliament and two members of Dutch to all political parties and demonstrated Parliament also participated in the EU- political bias in favour of the rulings EOM. After the April 12 and 19 party at Federal and state levels. Private elections, the EU-EOM published a broadcasters and print media provided summary of its findings. The EU-EOM greater coverage of the opposition party; noted that the presidential and a number editorial policy was however, influenced of gubernatorial elections were marred by commercial imperatives and led to by serious irregularities and fraud in a unbalanced treatment of candidates. The certain number of states. The minimum EU-EOM noted that once again that the standards for democratic elections were election was generally peaceful. It not met. encouraged all stakeholders to actively

- 5 - EISA OCCASIONAL PAPER NUMBER 23, August 2004 contribute to a peaceful environment and Commonwealth urged aggrieved parties to resort only to legal remedies through the judiciary. At the head of the Commonwealth [16] Observer Group (COG) was the respected former Secretary-General of International Republican Institute the now defunct Organization of Africa (IRI) Unity and former Prime Minister of Tanzania, Dr. Salim Ahmed Salim. On IRI, in its findings, showed that the arriving Nigeria, the group stated that its Nigerian voters made a substantial effort primary assignment was to observe the to participate in the election, often under elections and to consider the various difficult conditions. The group did not factors impinging on the credibility of report evidence of widespread or the electoral process as a whole. systematic misconduct. It was noted Furthermore they intended using their however, that significant procedural own judgment as to whether the irregularities were identified at conditions existed for a free expression practically all stages of the voting and of will by the electors and if the results vote tabulation process in those states of the elections reflected the will of the observed by the Institute. people.

For instance, IRI reported that there After observing the elections throughout appeared to be general lack of the states, the COG in its interim report, observance of the prescribed procedure paid tribute to the Nigerian people for for securing ballot boxes. In addition, it treating the elections with great observed that irregularities were most seriousness. The group, also indicated dramatic and also of greatest concern in that Nigerians displayed an impressive the vote tabulation and collation process. enthusiasm, patience and determination The group observed that consistent, to exercise their right to vote. It noted well-articulated and properly however, that there were logistical implemented procedures were essential problems in many places as essential to the credibility of any election. materials were missing thus delaying According to IRI, though none of the opening of polling stations. The voting administrative and procedural problems process was often very slow; the voting identified would by themselves call into process lacked the required secrecy question, the integrity of the April 12/19 obtained elsewhere in the world and the election process or the credibility of the collation process suffered from poor results, their overall impact on the organisation, inadequate accommodation perceived quality and transparency of and deficient lightning. [17] the election was substantial. With 42 monitors, the IRI was only able to cover National Democratic Institute (NDI) the 12 states of Bauchi, Cross River, Gombe, Imo, Katsina, Kogi, Lagos, Mr. Sam Mpasu, Speaker of the Nassarawa, Ogun, Oyo, Rivers, Sokoto Parliament of Malawi, headed NDI with and Abuja. Seven states were grouped its 50 observers from 12 countries in under those with relatively good Africa Europe and North America. In its performance – Bauchi, Gombe, Lagos, preliminary report after observing the Ogun, Oyo, Sokoto and the FCT. The Nigeria 2003 elections, NDI reported most serious cases of fraud were that there was need for concerted and allegedly recorded in Cross River, Imo extraordinary steps by INEC, the and Rivers. Here, some polling stations government and the political parties to had no result forms while ballot remedy fundamental flaws in the tabulation and collation processes were election process if the integrity of ballots highly irregular and created and other electoral items was to be opportunities for abuse. [17] preserved. In addition, NDI observed - 6 - EISA OCCASIONAL PAPER NUMBER 23, August 2004 that in some states such as Bayelsa, observers in all of these centres. Rivers, Akwa-Ibom, Delta, Enugu and However, various returning officers Anambra, blood flowed freely although especially at the local government the death toll was reduced in comparison officers refused observers access into the to the National Assembly elections in the collation centres. This was observed in same states. [18] many local government areas in Anambra such as Njikoka, Aguata, Justice, Development and Peace Onitsha and Nnewi, in Imo State such as Commission Owerri North-East, Orlu, and in Rivers, Enugu and Delta states. The EC 8A (i) In its interim statement on the form designed for statement of the Presidential/Gubernatorial Elections held results did not have provision for on 19 April 2003, the Justice, incorporating the number of the total Development and Peace Commission of valid votes in words. This gave room for the Catholic Secretariat of Nigeria possible manipulation of numbers or observed that, unfortunately little was altering the authentic results. done in the political education and enlightenment aspect. A substantial On monetary inducements, stealing and number of the non-literate population stuffing of ballot boxes, the heavy therefore, could neither recognise the presence of security officials in the party symbols nor vote properly for the polling centres did not deter monetary candidates of their choice. Despite the inducement. This was prominent in effort of the INEC’s ad-hoc staff, about Kogi, Katsina and Taraba states. Some 35% of them still lacked adequate INEC officials colluded with party knowledge of election guidelines. agents to share unused ballot papers for financial rewards especially in Jalingo, The non-display of the Voter’s Register Delta and Ekiti states. Both stealing for claims and objections and its late and stuffing of ballot boxes was display in several places made it difficult observed in many states. for voters to ascertain the authenticity or otherwise of the register. This led to In some areas such as Aboh Mbaise in delays and disenfranchisement of the Imo state, a vehicle with stuffed eligible voters. There were cases of ballot boxes was apprehended and INEC’s ad-hoc officials selling cards to destroyed around 11.00a.m on an party officials who used them for election day. In addition, a vehicle was multiple voting. This was observed in burnt near Owerri Girls Secondary Idah, Kogi state. On the rationale for School in Owerri. The INEC office in election boycott and a low turnout, there Ahiazu Mbaise together with the local was high incidence of rigging, government office in Aboh Mbaise, all intimidation and even violence in Enugu, in Imo state, were also burnt down by Anambra, Rivers, Bayelsa, Edo, Delta irate crowds in a similar incident. States, and no positive action was taken by INEC to correct the situation. The In Umudele Ndeshi Etche Ward 17, Port failure of INEC and Government to Harcourt, Rivers state, trouble broke out address these anomalies led to boycott as the ballot boxes were snatched away. of the election in Enugu and Ebonyi In Ward 11, 007 and Ward 19 in Port states and there was low turnout of Harcourt, result sheets were reported to voters for fear of further violence in have been hijacked or grabbed from the Rivers, Anambra, Bayelsa, Edo and presiding officers by party agents. [19] Delta. Transition Monitoring Group (TMG) As massive rigging of elections was always perpetuated at the collation The TMG, a coalition of 170 human centre, there was need to involve rights and civil society organisations - 7 - EISA OCCASIONAL PAPER NUMBER 23, August 2004 deployed 10,000 monitors. The TMG Election Observation in South Africa preliminary report on the Nigerian Since 1994 Presidential and Gubernatorial Elections also noted that, it appeared that INEC In 1994, thousands of local monitors and did not make adequate arrangement for foreign observers were deployed during the transportation of election materials, the campaign and the poll. This is not polling officials and security personnel unexpected given that the year 1994 from the polling stations to the coalition marked a turning point in South Africa’s centres and officials in many polling history of democratic and non-racial stations could not report on any concrete governance. arrangements made for this purpose. According to Tom Lodge, Five thousand The TMG observed also that elections foreign observers arrived close to the did not take place in some parts of Delta polling day and some of the had very and Bayelsa states. Shortage of elections generous resources at their disposal materials and insufficient ballot papers were reported in some parts of Ogun and For example, the official U.S Team led . It was noted that there were by Reverend. Jesse Jackson was few cases where election officials did supported by a US $ 35 million grant. not quite know what to do in clarifying The UN Monitoring mission fielded 1 some issues such as happened in the 800 observers from 100 countries. The Borno state. EU also dispatched a mission, the only one to produce a carefully qualified Lack of confidentiality in the voting report on the elections as `free, but not process was a major concern as polling fair'. European monitors played a officials in many polling stations did not procedurally improper but functionally make adequate provision to guarantee indispensable role in running rural voter the secrecy of the ballot. This occurred stations in those parts of Kwazulu Natal in several states. In addition, there were where IEC preparations went awry. scores of cases of alleged electoral fraud in many states across the country, often In 1999, the law made no provision for pursued in collusion with election the assertive role that monitors had officials and security personnel. TMG played in the 1994 election. In 1999, the observers noted massive under- age Commonwealth administered the largest voting in some polling stations. There team of foreign observers, while smaller were reports of police complicity in the US National Democratic Institute, electoral malpractices in some states, SADC Electoral Commission Forum, reluctance to intervene in glaring cases and the NGO Network for Electoral of electoral malpractices on the part of Support in Southern Africa some party agents, and the inability to (NGONESSA) mounted operations. [21] maintain law and order in some centres. This gave hoodlums a free rein to All of these missions published broadly unleash mayhem. favourably reports. The SADC teams were co-coordinated by EISA, which The TMG observed that there were also worked closely with an extensive substantial flaws in some of the critical monitoring operation mounted by the stages leading up to elections. This South African Civil Society Coalition tended to undermine the credibility of (SACSOC). The remainder of this report the process, and there were cases of summarises the findings of the Southern electoral violence and numerous reports African and South African observers. of electoral fraud in some parts of the The insights are gleaned from the 6,322 country. [20] voting station monitors and 3,233 counting station monitors. [22]

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According to the NGONESSA, the African countries. These observers were special voting facilities visited by its eager to learn about sound electoral members were smoothly managed. Most processes. The largest of these observer observers expressed reservations over teams (52 members) was from the the quality of polling staff training. Southern African Development Generally, polling staff "displayed Community (SADC) and the body’s maturity and courtesy to the voting Parliamentary Forum (SADCPF). Others public" and party agents demonstrated included a team from African Union mutual co-operation and tolerance. (AU), individual member countries, electoral management bodies from The voting process was evaluated as Swaziland, the DRC, Namibia, Rwanda, orderly and peaceful. The errors that and the Electoral Institute of Southern occurred did not have significant Africa.[25] consequences. The conclusions that arise from these reports are reassuringly Ambassador Judith Sefi Attah, former similar. In general, the 1999 election in Director-General of the Foreign Affairs South Africa was a well-co-coordinated ministry of Nigeria, led the African exercise in which political parties, Union Team of 21 Members. The team electoral authorities and voters all included representatives from UNESCO, deserved praise. The conclusions of the Parliamentarians, members of the reports from these observers were electoral management bodies and other uniformly favourable: "credible". officials from various African According to Ben Lobulu of Tanzania countries.[26] National Electoral Commission: in the view of the NGONESSA mission, it was As soon as the election was over, most “one of the best organised elections in of the observers were unanimously this part of Africa"; and a "good election praised the South Africa’s Independent “from the perspective of Ms Georgina Electoral Commission (IEC) for Chikoko-a British Council delivering efficient, free and fair Representative.[23] elections in the country for the third time running. Though there were minor The 2004 South African Election: The incidents when people came to vote but Observers Observations were not registered, or those who had forgotten their identity documents, The third democratic elections in South observers had witnessed an IEC-well Africa were held on 12-14 April 2004. organised election in all facets, As usual the South Africa Independent logistically and technically. Electoral Commission (IEC) planned for, and was actually preparing to According to a Burundian observer receive international, continental and Bamvuginyumvira Frederick, “The regional observers before IEC received IEC`s systems were meticulous, which messages from several international provided good lessons for Burundi as the organisations saying that they had no country prepares to hold its own plan to come and observe the polls. elections..." [27]Having observed the Initially, this was taken as wrong signal polls in Pretoria’s township of until this was interpreted as vote of Mamelodi, he was impressed by the way confidence in the country’s ability to South Africans had turned out to cast deliver a free poll. [24] their vote and noted the non-racial

Few days prior to the 2004 election, the approach in the voting process. The IEC had only received 148 applications Senegalese Ambassador Samba Buri from some other international and Mboup, observed that "the presence of regional bodies expressing keen interest party agents, the abundance of electoral to observe the elections. As expected material, conduct of presiding officers most of the applications came from and a deep civic culture of voting in - 9 - EISA OCCASIONAL PAPER NUMBER 23, August 2004 disciplined manner was a good example guaranteed the participation and for other African States."[28] He was representation of minority and satisfied with the way the IEC organised disadvantaged groups including the elections, and the way that women.[30] people/voters responded in turning out in large numbers, which showed political The IEC itself was described as and civic maturity. transparent, in terms of its constitution, and the clarity of its mandate and A Namibian Electoral Commissioner provision of adequate resources has Salmaan Jacobs, observed the elections enabled the Commission to discharge its in Soweto and Johannesburg, and was duties efficiently and effectively. On impressed by the way special voters - Voting Stations and Election Materials, disable people, pregnant women and the EISA observed an increase in the sick were provided for and assisted. She number of polling stations, which were also praised the increase in voting adequately staffed and provided with stations, which helped reduce long sufficient materials, in addition to free queues as well as the distances people movement of voters in and outside had to travel. She also noted the polling stations.[31] The result centres, transparency and all-inclusive nature of established throughout the country, the process. [29] improved the transparency of the tabulation of the result and contributed EISA Mission to the acceptance of the results by all the parties. On conflict prevention, the The EISA Observation Mission report presence of the security forces, on the 2004 South Africa election contributed to the peaceful conduct of remains the most comprehensive in election in addition to the commendable terms of details and coverage. The tolerance shown by voters and party assessment covers the entire election supporters. On the challenges which IEC period from the pre-polling up to voting should note for future elections, EISA and including counting as well as the observed the inconsistent application of results’ transmission process. The voting and counting procedures.[32] Mission was composed of 40 These include the following; representatives of electoral commissions, • The position of ballot booths had civil society and government ministries the potential of compromising the from ten SADC countries. The mission secrecy of the ballot in some places. was deployed to six provinces, namely • The use of ballot papers, which Eastern Cape (Umtata and East London), were not very easily distinguished Gauteng (East Rand, Alexandra and from each other, led to confusion. Soweto) Kwa-zulu Natal (Ulundi, • Some voting stations used one Estcout and Port Shepstone), Limpopo, ballot box for both national and Mpumanlanga and Western Cape provincial papers whilst others used a ballot box each for the two ballot The EISA Election Observer Mission, papers using the PEMMO as guideline, came to • The lightning in some voting the following conclusions: stations was inadequate • In a number of counting stations, On the question of the constitutional and there was no reconciliation of the legal framework, the electoral law ballot papers before counting. provided for mechanisms to address • The role of party agents was not conflict in the electoral process. This clear as in some cases; they were framework contributed to creating an observed playing the role of environment conducive for successful election officials. elections. The electoral system was • Stakeholders also noted that the observed to be all-inclusive, which date of the election over the Easter - 10 - EISA OCCASIONAL PAPER NUMBER 23, August 2004

holiday had the potential to affect developing countries have undergone voter participation decades of authoritarian regimes and the • There was an insufficient number of recent transition has introduced young, domestic observers.[33] fragile and conflict-ridden democracies that still need external assistance by way The (Ir) relevance of Election of monitoring and observation in order Observation: Two Schools of Thought to be stabilised, institutionalised and consolidated. In fact, according to Carter International election monitoring and Center, "Observers bring a reputation for observation in Africa has been viewed impartiality, and their presence help to from two major perspectives: The first reassure voters that they can safely and perceived election monitoring and secretly cast their ballots. As the eyes observation by both bilateral and and ear of international community, multilateral aid agencies and observers also help deter fraud..." [34] In governments as having the same purpose other words, pro-observers insist that it with the political pluralism and is worth noting that elections are highly structural adjustment of the 80s and charged political episodes, which often early 90s. This was meant to be applied trigger violence in Africa’s newly as carrot and stick pressure on democratising states. This can be developing countries to achieve their illustrated by Zimbabwe, which holds strategic interests. However, the second many elections at various periods, with school of thought opined that election reports of harassment of the opposition observation and monitoring added and the decision of the ZANU-PF substantial credibility to democratic government to disengage a number of governance in the African region. It is international actors. They ultimately argued that this practice should be disallowed some Western groups from encouraged because it represents good monitoring the 2002 Presidential practice in the process of consolidating election.[35] and nurturing democratic government. It is argued that the process has both Election observation as Western constructive and transformative value. Hegemonic Agenda As a result of this disparate view, almost every aspect thereof has been subjected Still on the question of uneven to contest between the pro-monitors and application of observation and anti-monitors, especially among African monitoring, the anti-monitors argued policy makers, media practitioners and that elections in the developed world are academia. The most controversial hardly ever subjected to the watchful eye according to Khabele Matlosa, is the of hordes of international observer question of uneven application of groups, yet no single developing country election observation in developing can hold a general election without being countries and not in developed nations. part in the global spotlight by the international observer groups. The anti- Observers as Partners in Building and monitors further claimed that, the Consolidating Young Democracies problems that beset the Clinton government when US electoral colleges As indicated above, for pro-observers delivered George Bush (Jnr) as the the uneven application of observation winner of the presidential election, can be explained in two ways. whereas popular opinion polls unequivocally pointed to Al Gore’s lead First, democracies in the developed in the race. The problems around the world are considered already matured, counting of votes certainly suggest that consolidated, are fully institutionalised even the elections in the so called ‘old and thus need not to be externally and mature’ democracies need to be examined and scrutinised. Secondly, subjected to international observation - 11 - EISA OCCASIONAL PAPER NUMBER 23, August 2004 and monitoring.[36] The point being nature of Euro-American reports, which canvassed here is simply that if election are often judgmental and monitoring and observation are to be confrontational. accorded the global credibility and acceptability within the new The Information and National international political economy, they Orientation Minister, Prof Jerry Gana, at have to apply to all states of the world, a press conference in Abuja claimed that big and small, rich and poor, weak and the EU report was not in the interest of powerful. the Nigeria’s fledging democracy. According to him, ‘It is unacceptable for The anti-monitors further illustrated this a Team of Observers, who can boast of point by claiming that, there were no no more than a bird eye-view of the international observer and monitoring event of the last three month to condemn group scrutinising the British the excellent work of the Nigerian Media parliamentary elections of 7 June 2001, has done in the current exercise… I do despite the widespread racial conflicts not really expect foreign media to care that occurred in the Northern parts of the that much about peace and stability in a country and the Yorkshire region.[37] country that is not their own…’’ [39]

There was also a reference to the May He argued that the EU team not only 2002 presidential election in France, arrived in Nigeria very late, but also had which pitted President Jacques Chirac very few members, and could not against two other contenders, namely therefore have had an appreciable grasp Lionel Jospin (the Prime Minister) and of the events in the 120,000 polling units Jean-Marie Le Pen (right–winger). It in the country They came just to find was observed that it did not attract fault; they did not come to cover considerable international attention nor election. That is why they want things to was it subjected to international go wrong [40] observation, despite its problems, including sporadic violence and The authorities’ heavy attack on the EU pervasive voter apathy. In contrast, large Team led to government issuing a hordes of international observers statement that the security of the EU ‘invaded ‘ tiny, poverty stricken and election monitors could no longer be resources poor West African state of guaranteed. INEC officials dismissed Mali during its presidential elections on EU observers as saboteurs who had gone 28 April 2002. Anti-monitors observed beyond their mandate. President that the focus could not be on anything Obasanjo also became involved in the positive about the Malian electoral matter when he claimed that the EU process. For instance, the British observers lacked an understanding of the Broadcasting Corporation (BBC) country’s ‘political culture and commented only on the controversy orientation’ and hence they could not about of the electoral process and the comment on what they do not know refusal to accept the election outcome by anything about. the other five presidential candidates. Responding, EU-EOM threatened to [38] release more detailed information about election malpractices within a month. EU-Nigeria Furore and Possible This was directly followed by Impact on South Africa Elections accusations of racism. Mr. Berg, the EU-Mission Leader was thereafter was With specific reference to the 12 and 19 quoted to have stated that, "... we are April 2003 general election in Nigeria, here to give impact assessment and to the critics focused on the preliminary make our finding loudly clear to all statement of the EU Election Observer Nigerians and the world...." [41]. Mission (EU-EOM). They argued that the summary shows the pessimistic - 12 - EISA OCCASIONAL PAPER NUMBER 23, August 2004

However, the threat by the Immigration comfortable. They feel confident with us Office and the need to prevent a major and so they don’t think they will be diplomatic row forced the EU Chief hanging around to watch whether we Observer to leave Nigeria on May 7, can do what we are doing..."[43] The 2003. Eventually the final chairperson actually advertised this Report/Statement by the EU on Nigerian notice as a congratulatory comment, and 2003 election is a far cry from the a feeling that the country had already standard report anticipated. This was "graduated" in adopting international because two weeks after Mr. Berg democratic norms and standards. hurriedly left Nigeria, the EU Ambassador to Nigeria issued a In addition, Thoko Mpulwana, an IEC statement, instructively titled “EU Commissioner was reported to have Declaration on the Nigeria General noted that;"...the EU, Commonwealth Elections” which is full of diplomatic and the UN had been invited to send language such as; The European Union observer teams but declined...They told welcomes the fact… The EU also took us we think everything is going well and positive note… The EU has confidence. we’d rather focus on other areas that The EU noted with satisfaction… The have not reached this stage of EU looks forward to working democratic maturity...it is a vote of cooperation with…” [42]. It is only in confidence..[44]" However, press two paragraphs that the EU “expresses sources confirmed the presence of concern“ and “strongly recommends” Western diplomats at polling stations, There is nothing left in the EU statement but not in an official -observer capacity referring to details or plans to tell the It is also possible that the furore Nigerian people and the world certain generated by the EU Report on the truths, or the need to defend democracy. Nigeria elections may have informed the

From the foregoing it is obvious that the development of more broadly inclusive Nigerian experience may have been one paradigm for assessing election of the reasons that the International outcomes. This is yielding results as Community has decided to be cautious effort is being made to avoid value- regarding election observation in Africa. based judgments and use of concepts Indeed, the Nigerian experience may such as free and fair. This was reflected have set the process for gradual in the EISA`s mode of reporting the withdrawal of Western powers from the outcomes of 2004 elections in South practice of election observation in Africa.

Africa, and their diplomatic outpost and According to EISA "...Basing itself on representations may replace their often- PEMMO, the EISA election observer large teams. mission concluded that the South Africa Thus, when the South African IEC 2004 elections in South Africa were Chairperson was notified of the absence conducted in a peaceable, orderly, of major international organisations as efficient and transparent manner..."[45] observers, the Nigeria experience The mission avoided the use of free and resonated. However, the Chairperson fair, but was satisfied that the outcome was reported to have quickly responded of the election was a true reflection of that the absence of European Union, the will of the people of South Africa.

Commonwealth and United Nations should be seen as an indication of the Conclusion international community’s confidence in South Africa’s democracy. Precisely, Dr In conclusion, it is very important to Brigalia Bam, the IEC Chairperson was observe that the bellicose reaction of the quoted as saying; "...if you don’t see Federal Government of Nigeria to the them, its not a snub. They have written to EU observers says something about the us, they have phoned to say they fell pervasive reservation to alternative - 13 - EISA OCCASIONAL PAPER NUMBER 23, August 2004 views by government officials in Africa 3. Daniel, J. (1995), “You United in general and Nigeria in particular. The Nations Have Delivered Us: EU observers were not calling for ‘mass Monitoring the 1993 Election in Lesotho” in R. Southall and T. action’ as did some of aggrieved Petlane (eds) Democratization and politicians who lost at the poll in Nigeria Demilitarization in Lesotho: The 2003 elections, they were only reporting General Election of 1993 and its the evidence of their observation, and Aftermath, Pretoria: Africa Institute of yet that was considered unacceptable, South Africa. their security had to become an issue. 4. http:// www.idea.int 5. Rewlamira, M and D. Ailola (1994), Within this context, the ultimate losers “International Monitoring of Free and are the Nigerian people for whom Fair Elections “in N. Steytler, J. Murphy, P. de vos and M. Rwelamira elections may be no more than (eds) Free and fair Elections, Ken: interesting rituals in which the most Juta and Co. Ltd adept magicians win the laurels on the 6. http://www.idea.int basis that; irregular election is better 7. Commonwealth Secretariat (1997), than a regular Coup. The EU Chief “Good Commonwealth Electoral Observer’s frank tone may have been the Practice: A Working document” source of emerging diplomatic furore London. 8. The Carter Center: Waging Peace that was nipped in the bud, but in more Through Elections – Unpublished and ways that Nigerian officials may undated. realised, Mr. Max van den Berg 9. EISA, Principles for election probably struck the right chord in the management, monitoring and following words; “...Do not neglect our observation in the SADC Region, findings… That is the only way your (PEMMO)-As adopted on 6 young democracy can thrive. Try to find November 2003 at the Kopanang Hotel and Conference, Benoni, solutions to these findings. Do not throw Johannesburg. away the message with the messenger. 10. Mudiaga Ofuoku, “They came, They We appeal to the authorities to take observed” in Newswatch Magazine, action without delay as it is important Nigeria. June 1999. for the growth of the process”. [46] 11. Ibid 12. Ibid 13. http.//www.tffcam.org/press/nigeria In the case of South Africa, there is no 14. http.//www.tffcam.org/press/Nigeria doubt that the management and delivery 15. A Carl Le Van, Titi Pitso, Bodunrin of the 2004 election provided a Alao; "Elections in Nigeria; Is the justifiable basis for celebration not just Third Term A Charm?" in Journal of by the IEC, the political parties, civil African Elections, Vol.2 no2 October society and last but not the least the 2003. people of the Republic. It was indeed an 16. Sam Akpe, “Elections 2003: What the observers Said” in Punch Newspaper, African success story. It is hoped that Lagos 25th April, 2003.Ibid this achievement will be sustained and 17. Ibid used as a platform for further 18. The Guardian on Sunday, April development and to meet the challenges 27th,2003 p.14 ahead, which must extend beyond the 19. The Punch, Thursday 24th April, borders of South Africa, in the spirit of 2003 P. 42 African Renaissance. 20. ibid 21. Tom Lodge; "South Africa" in Compendium of Elections in Southern References / Endnotes Africa. Tom Lodge, Dennis Kadima 1. Huntington, S. (1991), The Third &David Pottie(eds),EISA, Wave: Democratization in the late Johannesburg 2002 p.313 Twentieth Century, Norman: 22. ibid University of Oklahoma press 23. ibid 2. Fukuyama, F. (1992), The End of 24. Ms Louise Oliver of SAIEC made History and the Last Man, Toronto: this point at EISA Briefing Session Maxwell Macmillan International. for Election Observers,, after - 14 - EISA OCCASIONAL PAPER NUMBER 23, August 2004

presenting a seminar on " How ready Zimbabwe: Hegemony versus is the IEC" for 2004 Election. Sovereignty" in African Journal of 25. Richard Mantu `Absence of observers Political Science(2002) Vol.7 No 1 not a snub` BuaNews(Pretoria) April pp129-154. 2,2004 36. ibid http://www.allafrica.com/stories/2004 37. ibid 26. African Union sends observers to SA 38. ibid elections` Pretoria news April 12 39. http://news.bbc.co.uk/ht/english/Worl 2004 http://www.pretorianews.co.za d Africa 27. http://www.southafrica.info 40. The Guardian Newspaper (Lagos) 28. ibid 24th April 2003,p78 29. ibid 41. ibid 30. Interim statement by the EISA 42. The Guardian on Sunday 18th election observation Mission to South May,2003 p.18 Africa National and Provincial 43. ibid Elections, 12-14 April 2004 44. http://www.southafrica.info http://www.eisa.org.za 45. East African Standard, No election 31. ibid observers for SA poll. htpp:// 32. ibid www.eaststandard.net/africa/afnews 33. ibid 46. EISA Interim Statement 34. The Carter center-Waging peace 47. The Guardian on Sunday 18th may through elections-undated 2003 p.18 35. Khabele Matlosa,"Election Monitoring and Observation in

ABOUT THE AUTHOR Dr Banjo is a Senior Research Fellow at the Africa Institute, Pretoria. Email: afreb@ yahoo.com

THE EISA M ISSION STATEM ENT To strengthen electoral processes, democratic governance, human rights and democratic values through research, capacity building, advocacy and other strategically targeted interventions.

ABOUT EISA EISA is a not-for-profit and non-partisan non-governmental organisation which was established in 1996. Its core business is to provide technical assistance for capacity building of relevant government departments, electoral management bodies, political parties and civil society organisations operating in the democracy and governance field throughout the SADC region and beyond. Inspired by the various positive developments towards democratic governance in Africa as a whole and the SADC region in particular since the early 1990s, EISA aims to advance democratic values, practices and enhance the credibility of electoral processes. The ultimate goal is to assist countries in Africa and the SADC region to nurture and consolidate democratic governance. SADC countries have received enormous technical assistance and advice from EISA in building solid institutional foundations for democracy. This includes electoral system reforms; election monitoring and observation; constructive conflict management; strengthening of parliament and other democratic institutions; strengthening of political parties; capacity building for civil society organisations; deepening democratic local governance; and enhancing the institutional capacity of the election management bodies. EISA is currently the secretariat of the Electoral Commissions Forum (ECF) composed of electoral commissions in the SADC region and established in 1998. EISA is also the secretariat of the SADC Election Support Network (ESN) comprising election-related civil society organisations established in 1997.

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EISA OCCASIONAL PAPERS

CODE TITLE OP 1 M unicipal Elections in 1999, P. Roome, 1999 OP 2 An Overview of Local Government: M unicipal Demarcation Act 27 of 1998, R. Cameron, 1999 OP 3 An Analysis of the Legal Framework for Elections, Lisa Thornton, 1998 OP 4 Voter Registration & Demarcation in Local Government, B. Gerber , 1998 OP 5 South African Electoral Commission: The Old and the New, Glenda Fick, 1998 OP 6 An Analysis of the Constitutional and Legal Framework For Elections in the Local Government Sphere, D. Craythorne OP 7 Developmental Local Government and Local Economic Development, F. Khan, 1998 OP 8 Techniques of Public Participation in Local Government, Doreen Atkinson, 1997 OP 9 Issues of Representation in Local Government, Doreen Atkinson, 1997 OP 10 Local Government: A Review of Selected Legislation, Glenda Fick, 2001 OP 11 Conflict M anagement Programme Report: South Africa Local Government Election, August-December 2000, EISA AND IEC OP 12 Survey of Electoral Systems and Reform Imperatives in the SADC Region, Khabele M atlosa, 2003 OP 13 Impact of Democracy on Public Participation in the SADC Region, Claude Kabemba, 2003 OP 14 The OAU, NEPAD and the Promotion of Good Governance in Africa, John Akopari, 2003 OP 15 Democratic Consolidation and Political Parties in Lesotho, 2003 OP 16 Party Systems in the SADC Region: In Defence of the Dominant Party System, Shumbana Karume, 2004 OP 17 Interrogating Challenges for Intra-Party Democracy in Southern Africa, Khabele M atlosa, 2004 OP 18 Political Parties and Governance in Zimbabwe, W ole Olaleye, 2004

OP 19 Ethnic Conflict in the Horn of Africa, Victor Shale, 2004

OP 20 Impact of HIV/AIDS on Electoral Processes in Southern Africa, Kondwani Chirambo, 2004 OP 21 Decentralisation, Development and Conflict: Challenges Awaiting Local Authorities in Lesotho, Victor Reatile Shale, 2004

OP 22 Democratisation, Dominant Parties, and W eak Opposition: The Southern African Project, Chris Landsberg, 2004 To order or for a full list of list publications contact publications@ eisa.org.za

EISA 2nd Floor, The Atrium 41 Stanley Avenue, Auckland Park 2092, South Africa P.O. Box 740, Auckland Park 2006, South Africa Tel 27-11-4825495 Fax 27-11-4826163 http://www.eisa.org.za/EISA/publications/publications.htm

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