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Zambian Presidential and Parliamentary Elections 2016

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Zambian Presidential and Parliamentary Elections 2016 ELECTION REPORT ✩ The Carter Center’s Experts Mission to the Zambian Presidential and Parliamentary Elections 2016 Final Report ELECTION REPORT ✩ The Carter Center’s Experts Mission to the Zambian Presidential and Parliamentary Elections 2016 Final Report One Copenhill 453 Freedom Parkway Atlanta, GA 30307 (404) 420-5100 www.cartercenter.org Contents Foreword..................................... 3 Voter Registration ........................... 53 Executive Summary........................... 5 Conclusion ............................... 55 Overview .................................. 5 Civil Society ................................. 56 Summary of Key Findings ................... 7 Conclusion ............................... 57 Conclusion ............................... 13 Results ...................................... 58 Carter Center in Zambia ..................... 14 Referendum on the Bill of Rights ............. 61 Historical and Political Background........... 17 Conclusion .................................. 63 General Background, 2016 Recommendations........................... 65 General Elections .......................... 18 Recommendations to the Electoral System ............................. 19 Electoral Commission of Zambia ............ 65 Legal Framework ............................ 20 Recommendations to the Executive Branch ... 66 Electoral Constituencies...................... 23 Recommendations to Parliament ............ 67 Recommendations to the Candidates, the Campaign Period, Constitutional Court ....................... 67 and Parties .................................. 25 Recommendations to Security Forces ........ 67 Candidate Eligibility and Nomination ........ 25 Recommendations to Political Parties ........ 67 Establishment of a Level Playing Field ........ 28 Election-Related Violence .................. 32 Appendix A: Acknowledgments .............. 68 Election Management........................ 35 Appendix B: Carter Center Delegation and Staff ......................... 69 ECZ Composition and Functions ............ 35 Appendix C: Terms and Abbreviations ........ 70 Electoral Dispute Resolution ................. 45 Conflict Management Committees .......... 45 Appendix D: Electoral Results ................ 71 High Court of Zambia ...................... 46 Appendix E: Letter of Invitation to Observe ... 72 Constitutional Court of Zambia ............. 46 Appendix F: Mission Statements .............. 74 Conclusion ............................... 50 Voter Education ............................. 51 Conclusion ............................... 52 Foreword By Jordan Ryan the Center fielded a limited observation mission Vice President, Peace Programs deployed in-country for two months to focus on The Carter Center the pre- and postelection periods. Observation findings include assessment of the campaign Historically, Zambia stands out in Africa as period, electoral administration, women’s political enjoying generally competitive, multiparty, and participation, electoral violence, electoral dispute peaceful elections, with some alternation of resolution, and the legal framework for elections. power between ruling party and opposition party I was honored to co-lead the Carter Center’s winners. The country has held eight elections mission with Her Excellency Sylvie Kinigi, former since its first multiparty polls in 1991. While prime minister and acting president of Burundi. considerable shortcomings occurred in prior elec- As in past elections, domestic and international tions, The Carter Center shares the assessment of observers found that voting on election day was many stakeholders who cautioned that the 2016 largely peaceful and successful. While the Center’s elections signify a step backward for Zambian limited observation mission did not assess the democracy. Yet the Zambian people’s decades-long balloting and counting processes, it shares this commitment to the principles of democracy, the general assessment. The Electoral Commission of exercise of fundamental freedoms, and the coun- Election workers set Zambia and the electorate should be commended try’s democratic institutions, albeit challenged, up the polling place. provides the foundation to strengthen Zambian democracy and resist democratic retreat. The 2016 observation effort is part of the Center’s longstanding commitment to support Zambia’s democracy, which began with observa- Sarah Johnson tion of Zambia’s election in 1991 and continued with observation of the 2001 general elections. It is also part of the Center’s 25-year commitment to observing elections based on impartial and widely accepted international standards for democratic elections supported by all regions of the globe, including Africa. In this report, the Center summarizes its assessment of Zambia’s 2016 general election and referendum on the Bill of Rights. After receiving an invitation from the Ministry of Foreign Affairs, 3 for this success. The robust participation of civil associated with the electoral process that is deeply society organizations in the electoral process was troubling. The increasing political polarization in also impressive, with groups observing all aspects the country is also of deep concern. of the electoral process, including the overall Two weeks after the conclusion of the electoral administration and environment; the Constitutional Court’s consideration of opposition engagement of women, youth, and people with challenges to the polls, President Edgar Lungu disabilities; and the role of the media, among acknowledged the need to seek national unity; in other issues. his inaugural address he recalled Zambia’s national However, the constraints and flaws observed in motto — “One Zambia, One Nation”— and called the pre- and postelection periods detailed in this for citizens to “seize the opportunity to rise above report indicate a trend of anti-democratic practices the differences that divided” them during the that serve to significantly erode public and voter elections. While the elections were contentious and created substantial rancor between political opponents, actions can and should be taken to foster national unity and reinvigorate inclusive The Center calls on government officials, the democracy in Zambia. The Center calls on government officials, the Electoral Commission Electoral Commission of Zambia, political parties, of Zambia, political parties, and all other electoral and all other electoral stakeholders to give priority stakeholders to give priority to strengthening democratic institutions that oversee and support to strengthening democratic institutions that oversee the electoral process, including the Electoral and support the electoral process. Commission, the media, the security apparatus, and the judiciary. Likewise, we encourage these stakeholders to allow and embrace an increased role of women and civil society organizations to confidence in the electoral system and undermine participate in Zambia’s public affairs. the integrity of Zambia’s democratic institu- The Carter Center offers recommendations in tions. Key concerns include the lack of a level the spirit of supporting the government of Zambia, playing field for political parties, including serious the Electoral Commission, the Constitutional constraints on freedom of the press and assembly, Court, and other key electoral stakeholders gaps in the legal framework for elections, and charged with implementing the electoral process. the role of the judiciary in adjudicating electoral We hope the assessments shared here will help to disputes. The widely reported, though not always support and improve Zambia’s future elections, and verified, instances of violence, intimidation, we look forward to working with key stakeholders and role played by party cadres in these events to strengthen Zambia’s electoral processes. contributed to a climate of fear and insecurity 4 The Carter Center ✩ ELECTION REPORT Executive Summary Overview on the Bill of Rights and constitutional amend- ments at the same time. Widely reported incidents The Zambian general elections and referendum of violence increased tension, especially in the were held Aug. 11, 2016. Final presidential weeks preceding election day. In addition, the election results indicated that President Edgar Center noted the absence of a level playing field, Lungu received 50.35 percent of valid votes cast, including harassment of private media, the abuse a vote total that awarded him the presidency of public office by government ministers, and the and narrowly avoided a runoff election under application of the Public Order Act in ways that the newly adopted 50 percent plus one electoral appeared to disadvantage the main opposition system. The parliamentary elections resulted in party, the UPND. the Patriotic Front (PF) winning 80 seats, the While the Center did not observe election day, United Party for National Development (UPND) Zambian citizen observers and other international winning 58 seats, the Movement for Multi-party Democracy winning three seats, the Forum for Democracy and Development winning one seat, and independent candidates winning 14 seats. A referendum on a Bill of Rights and The preliminary statement released by the Center constitutional amendments held in parallel to the general elections did not meet the minimum on Aug. 13 found the pre-election period was threshold required by the constitution of 50 significantly flawed. percent participation by eligible voters, and so did not pass. Due to time and funding constraints, The election
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