AFRICAN UNION COMMISSION
AFRICAN UNION ELECTION OBSERVATION MISSION TO THE 28 NOVEMBER 2014 PRESIDENTIAL AND NATIONAL ASSEMBLY ELECTIONS IN THE REPUBLIC OF NAMIBIA
FINAL REPORT
FEBRUARY 2015 AFRICAN UNION ELECTION OBSERVATION MISSION REPORT : NAMIBIA 2015
TABLE OF CONTENTS
LIST OF ABBREVIATIONS ...... 3 EXECUTIVE SUMMARY ...... 4 I. INTRODUCTION...... 1 II. OBJECTIVE AND METHODOLOGY ...... 2 a. Objective ...... 2 b. Methodology ...... 2 III. BACKGROUND TO THE 2014 PRESIDENTIAL AND NATIONAL ASSEMBLY ELECTIONS IN NAMIBIA ...... 4 IV. PRE-ELECTION OBSERVATION ...... 6 a. Legal Framework ...... 6 b. Voter Registration ...... 10 c. Political Parties and Candidate Nominations ...... 14 d. Campaigns ...... 14 e. Gender and Minority Rights ...... 14 f. Voter Education ...... 15 g. The Media ...... 15 h. Preparedness of the ECN ...... 16 V. ELECTION DAY OBSERVATION ...... 17 a. Opening the Poll ...... 17 b. Polling Stations ...... 17 c. Voting Process ...... 17 d. Polling Personnel ...... 19 e. Party Agents and Independent Observers ...... 19 f. Security Personnel ...... 19 g. Closing and Counting Process ...... 20 VI. POST ELECTION OBSERVATION...... 21 (a) Tabulation of Results ...... 21 (b) Announcement of Results ...... 22 VII. CONCLUSIONS AND RECOMMENDATIONS ...... 24 (b) Recommendations ...... 24 Annex 1: Deplpyment Plan ...... 1 ANNEX 2: Briefing and Orientation Programme ...... 2
AFRICAN UNION ELECTION OBSERVATION MISSION REPORT : NAMIBIA 2015
ACKNOWLEDGEMENTS
The African Union Election Observation Mission (AUEOM) wishes to express its appreciation to all stakeholders who cooperated with the Mission in the course of its activities in Namibia.
The AUEOM is particularly grateful to Her Excellency, Ambassador Fatuma Ndangiza, Chairperson of the African Peer Review Mechanism (APRM) Panel for providing a key leadership role for the Mission.
The AUEOM is further grateful to staff from the African Union Commission (AUC), the Pan-African Parliament and the Electoral Institute for Sustainable Democracy in Africa (EISA) for their technical support throughout the Mission.
Finally, the AUEOM would not have been successful without its observers, whose hard work and diligent reporting on the electoral process was crucial to the success of the Mission.
AFRICAN UNION ELECTION OBSERVATION MISSION REPORT : NAMIBIA 2015
LIST OF ABBREVIATIONS
ACDEG African Charter on Democracy, Elections and Governance ACHPR African Charter on Human and Peoples Rights AFIS Automated Fingerprint Identification System APRM African Peer Review Mechanism AU African Union AUC African Union Commission AUEOM African Union Election Observation Mission CEO Chief Executive Officer CERC Central Elections Results Centre CoD Congress of Democrats CSOs Civil Society Organisations EISA Electoral Institute for Sustainable Democracy in Africa EMBs Election Management Bodies ERMT Electronic Risk Management Tool EVM Electronic Voting Machines FPTP First Past The Post GRV General Registration of Voters ICCPR International Covenant on Civil and Political Rights ID Identification Document MPs Members of Parliament NAMPOL Namibian Police Force NBC Namibian Broadcasting Corporation PAP Pan-African Parliament SWAPO South West African People’s Organisation UDHR Universal Declaration of Human Rights UNTAG United Nations Transition Assistance Group VVPAT Voter Verifiable Paper Audit Trail
AFRICAN UNION ELECTION OBSERVATION MISSION REPORT : NAMIBIA 2015
EXECUTIVE SUMMARY
African Union Election Observation Mission (AUEOM) to the 28 November 2014 Namibia’s Presidential and National Assembly Elections had objectives (a) to make an independent, impartial and objective assessment election including the degree to which the conduct of the elections meets regional and international standards for democratic elections; (b) to offer recommendations for improvement of future electoral processes in the country; and (c) to demonstrate AU’s solidarity and support for Namibia’s elections process to ensure that the conduct of genuine elections will contribute to the consolidation of peace and stability in the country.
In its assessment of the 2014 Presidential and National Assembly Elections of the Republic of Namibia, the AUEOM made the following key findings:
Reform initiatives that were undertaken prior to the elections entailed constitutional amendments and a harmonization of electoral legislations into a single law. This contributed to improvements in the management of the electoral process;
The revised legal framework that emerged from the reform process saw the expansion of Parliament and strengthened independence of the Electoral Commission of Namibia (ECN). Stakeholders were however not satisfied with the level of consultation that went into the reform process. There were also concerns about the timing of the reforms as they took place less than three months before the elections;
The campaigns were peaceful and the context was conducive for parties to undertake campaign activities;
The elections were the first fully automated elections conducted in Africa. The adoption of Electronic Voting Mechanisms (EVMs) was a bold step taken by the ECN to guarantee electoral intergrity;
The biometric registration of voters contributed to the credibility of the register. The voter registration figures showed that 53% of registered voters were women and 45.5% were youths below the age of 32;
Election day procedures were undertaken according to stipulated guidelines. However, there were considerable delays related to technical issues with the voter verification devices and the EVMs. This necessitated an extension of voting hours; and
AFRICAN UNION ELECTION OBSERVATION MISSION REPORT : NAMIBIA 2015
The use of the EVMs eliminated spoilt and rejected ballots which was highly commendable.
The AUEOM also made recommendations for the improvement of future elections in the Republic of Namibia. These recommendations include:
The amendment of the electoral law in order to regulate sources of party funding and to provide mandatory ceilings on campaign expenditure;
Harmonisation of gender equality provisions for regional and local elections with the provisions of the Electoral Act in order to ensure gender equality in national elections;
An entrenchment of the principle of allocating free airtime in the public broadcaster for political party campaign on an equal basis in the Electoral Act;
A realistic time frame for substantial amendments of the legal framework prior to the elections;
The ECN’s adaptation of mechanisms and procedures that can enhance efficiency in polling stations; and
A call for the ratification of the African Charter on Democracy, Elections and Governance.
The AUEOM concluded that the 28 November 2014 elections in the Republic of Namibia were peaceful and free from violence and intimidation. The elections were conducted in a manner that enabled Namibians to express their will freely, credibly and in a transparent manner. The elections were also conducted in compliance with the national laws of the country and in line with its international obligations. AFRICAN UNION ELECTION OBSERVATION MISSION REPORT : NAMIBIA 2015
I. INTRODUCTION
1. At the invitation of the Government of the Republic of Namibia, Her Excellency, Dr Nkosazana Dlamini-Zuma, Chairperson of the African Union Commission (AUC), deployed an African Union Election Observation Mission (AUEOM) to the 28 November 2014 Presidential and National Assembly in the Republic of Namibia.
2. The Mission was headed by Her Excellency, Ambassador Fatuma Ndangiza, the Chairperson of the APRM Panel of Eminent Persons; and former Ambassador of Rwanda to Tanzania. The AUEOM comprised of 45 observers, drawn from African Ambassadors to the AUC, Pan-African Parliament (PAP), Election Management Bodies (EMBs), Civil Society Organisations (CSOs) and experts from across the African continent.1
3. The Mission was supported by a technical team drawn from the African Union Commission (AUC), the Pan-African Parliament (PAP) and the Electoral Institute for Sustainable Democracy in Africa (EISA).
4. The AUEOM’s observation of the 28 November 2014 Presidential and National Assembly elections in Namibia is in conformity with the provisions of the Constitutive Act of the AU adopted in July 2000; the OAU/AU Declaration on the Principles Governing Democratic Elections in Africa (AHG/Decl.1 XXXVIII) as adopted by the Assembly of Heads of State and Government of the AU and the African Union Guidelines for Elections Observation and Monitoring Missions, both adopted in July 2002; the African Charter on Democracy on Elections and Governance, which entered into force on 15 February, 2012. The AUEOM was also guided by other relevant regional and international instruments governing the conduct of elections such as the Universal Declarations of Human Rights (UDHR) adopted by the UN General Assembly (UNGA) in December 1948, the International Covenant on Civil and Political Rights (ICCPR), which entered into force in March 1976, and the Constitution and National Laws of the Republic of Namibia.
5. This is the final report of the AUEOM on the report 28 November 2014 presidential and national assembly elections in Namibia. This report presents in further details of the findings and assessment of the AUEOM on the elections. The report also presents the AUEOM’s recommendations for the improvement of future electoral processes in Namibia.
1 Observers were drawn from the following countries: Botswana, Burundi, Ethiopia, Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritania, Mozambique, Nigeria, Rwanda, South Africa, South Sudan, Sudan, Tanzania, Uganda and Zimbabwe. Page | 1
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II. OBJECTIVE AND METHODOLOGY
a. Objective
1. The objectives of the AUEOM to the Republic of of Namibia were:
to make an independent, impartial and objective assessment of the 28 November 2014 Presidential and National Assembly elections including the degree to which the conduct of the elections meets regional and international standards for democratic elections;
To offer recommendations for improvement of future electoral processes in the country; and To demonstrate AU’s solidarity and support for Namibia’s elections process to ensure that the conduct of genuine elections will contribute to the consolidation of peace and stability in the country. b. Methodology
6. To achieve its stated objective, the AUEOM undertook the following activities:
AU observers arrived in Windhoek on the 18th November 2014 and held a three-day briefing and orientation programme from 22 – 24 November 2014. The programme provided an opportunity for observers to be trained on the AU election observation methodology, security and safety procedures, observer reporting and AU code of conduct for observers before their deployment. Observers also received a comprehensive briefing on pre-election issues from national stakeholders such as the Electoral Commission of Namibia (ECN); the Police; civil society groups; legal and political experts;
The Head of Mission also held further high-level consultations with national stakeholders including the Minister of Foreign Affairs, the Chief Justice, the Inspector General of Police, the ECN, leaders of political parties and CSOs;2
On 25 November 2014, the Mission deployed 15 teams of observers to 10 of the 14 regions of Namibia, namely: Erongo, Hardap, Karas, Khomas, Ohangwena, Omusati, Oshikoto, Oumaheke, Outzonjupa and Zambezi. While on the ground in their areas of deployment, observers consulted with provincial and district level stakeholders ;
2 See annex 2 for a summary of the mission leadership schedule. Page | 2
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On the Election Day, the teams visited 152 fixed polling stations and 41 mobile polling stations totalling 193 polling stations;
AU observers returned to Windhoek on 29 November for a debriefing session where they reported back on their findings and compare notes on the trends identified in their areas of deployment; and
The Mission issued its preliminary statement on 30 November 2014 at a press conference held at the Safari Court Hotel, Windhoek. The press conference was attended by national and international media, and other international observers.
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III. BACKGROUND TO THE 2014 PRESIDENTIAL AND NATIONAL ASSEMBLY ELECTIONS IN NAMIBIA
7. Namibia has had a history of political stability since its independence in 1990. The 2014 elections were the 6th consecutive elections to be held in the country. The ruling South West African People Organization (SWAPO) party that played a key role in the Namibian liberation struggle has dominated elections since 1989. SWAPO’s performance in previous national assembly elections ranged from 60% in 1989 to 74.28% in 2009. Following the adoption of a new constitution in 1990, the SWAPO leader, Sam Njoma, was elected as the country’s first president and he served three terms. The incumbent President, H.E. Hifikepunye Pohamba, had served two terms and was therefore ineligible to contest in the 2014 elections.
8. Namibia’s transition election in 1989 was conducted under the auspices of the United Nations Transition Assistance Group (UNTAG). Thereafter, five consecutive elections have been successfully conducted and these elections were regarded as peaceful by observer groups. Namibia is, therefore, one of the countries regarded as a successful democracy emerging from a long period of German colonisation followed by prolonged liberation struggle against South African occupation and apartheid rule.
9. The political context of the 2014 elections, like previous elections, was dominated by the ruling party which has been in power since the country’s independence. Though opposition coalitions and parties have emerged over the years, the strength of the ruling SWAPO party has not significantly decreased.
10. The 2014 elections were preceded by reform initiatives that were criticised by some opposition parties as not widely consultative. The revised legal framework that emerged from the reform process saw the expansion of Parliament, increased the independence of the ECN and the introduction of electronic voting.
11. The pre-election period was focused on constitutional and electoral reforms drawing on lessons from previous elections. Specifically, stakeholder consultations were focused on how to improve the integrity of the elections and guarantee public trust in the ballot and the ECN. As part of this debate, the adoption of mechanisms that would guarantee the integrity of the elections such as electronic voting took centre stage. The ECN undertook study tours and consultations to countries where electronic voting has been adopted such as India to learn from the experience of such countries.
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12. The AUEOM noted that the 2014 elections marked another milestone in the country’s history as it marked a successful transition from President Pohamba’s administration. They were also the first fully automated elections conducted in Africa. The AUEOM commended Namibians for the bold steps taken in the adoption of a fully electronic voting process despite some challenges experienced on election day.
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IV. PRE-ELECTION OBSERVATION
a. Legal Framework
13. The legal framework for the 2014 elections comprised of the 1992 Constitution of the Republic of Namibia as amended in 2014 and the Electoral Act of 2014.
14. Ahead of the 2014 elections, reform initiatives were undertaken to improve the electoral process. The mission noted with satisfaction the following reforms:
• The creation of separate Electoral Tribunals and Courts to handle election-related disputes within clearly stipulated timeframes; • The introduction of a fully automated voting process including electronic verification of voter identity and electronic voting machines; • The consolidation of all laws relating to electoral process in a single legislation – the 2014 Electoral Act; and • The strengthening of the independence of the ECN in terms of its recruitment procedures, appointment, funding and accountability.
15. From its consultations with Namibian stakeholders, the AUEOM noted that concerns were raised about the level of consultation during the constitutional amendment process, which they considered insufficient. Further concerns were also raised about the fact that the amended Electoral Act came into force less than three months before the elections. Stakeholders were concerned that the short timeframe impacted on the ECN’s planning for the elections.
16. In line with Namibia’s international obligations, the 1992 Constitution provides for and guarantees fundamental rights and freedoms that are crucial to the integrity of an election. These include freedom of expression, association, assembly and freedom of movement.
17. It is important to mention that the 1992 Constitution has been amended three times with the last amendment taking place less than two months before the 2014 elections. The first amendment and third amendments of the constitution had a bearing on the electoral process. The first amendment of the Constitution took place in 1998 to amend article 134 of the Constitution which limits presidential tenure to two terms. On the basis of the first amendment, President Sam Njoma was able to contest presidential elections for a third term. The third amendment included the following changes: establishment of the office of the Vice President to be appointed by the President;3 amendment of the electoral system to provide
3 article 27 (a) and 28 (1a). Page | 6
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for a two round system;4 increase in the number of seats in the National Assembly from 72 to 96;5 increase in the number of presidential appointees in Parliament from 6 to 8;6 establishment of the ECN as a constitutional body thus strengthening its independence;7 and strengthening the independence of the Judiciary.
18. The 2014 Electoral Act of Namibia is a consolidation of the different legislations and various amendments relating to elections. The Electoral Act No. 5 of 2014 of the Republic of Namibia is the principal law that governs all aspects of elections at all levels. This Act provides for the right to vote, the registration of voters, the nomination of candidates, polling procedures, processes of dispute resolution and a clear description of election related offences. The AUEOM noted that the consolidation of all election related laws into a single Act provides citizens, political parties and candidates with clarity and a comprehensive legal framework that protects the integrity of the electoral process in the Republic of Namibia.The AUEOM also notes with satisfaction the existence of an enforceable Code of Conduct for political parties.
19. Besides concerns raised by stakeholders about the timing of the entry into force of the 2014 Electoral Act, there were also concerns with the suspension of the provision of the Act that regulates Voter Verifiable Paper Audit Trail (VVPAT) for electronic voting machines (EVMs). Although section 97(3) of the Electoral Act provides that the use of EVMs subject to the availability of VVPAT,8 the Electoral Commission relied on transitional clauses of the Electoral Act to suspend the application of the condition for the availability of VVPAT. Stakeholders were of the opinion that in the absence of a paper trail, there may be no verifiable evidence to be presented to the Courts for complaints and appeals. Furthermore, the paper trail would also serve as a backup in the event of errors or breakdown of EVMs.
b. The Electoral System
20. Namibia practices a mixed electoral system combining aspects of both the First- Past-The-Post (FPTP) syatem and the Proportional Representation (PR) system in the election of political representatives.
4 Article 28 (b) of the Constitution. 5 Article 46 (1) (a). 6 Article 46 (1) (b). 7 Chapter 10B of the Constitution. 8 Section 97 (3) ‘The use of voting machines referred to in subsection (2) is subject to the simultaneous utilisation of a verifiable paper trail for every vote cast by a voter, and any vote cast is verified by a count of the paper trail. (4) In the event that the results of the voting machines and the results of the paper trail do not accord, the paper trail results are accepted as the election outcome for the polling station or voting thread concerned. Page | 7
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21. The President of the Republic is elected through the FPTP system which requires the winner of a presidential election to obtain not less than 50% of the total votes cast. The President is elected for a term of five years which is limited to two terms. 22. The 96 Members of Parliament are elected through a PR system that is based on a closed party list in a single national constituency. This system requires each political party to submit a single list of parliamentary candidates, and voters vote for the list of their choice. Schedule 4 of the Constitution stipulates the formula for seat allocation in Parliament. The quota of votes per seats is calculated by dividing the total number of votes cast in an election by the number of seats in Parliament. The number of seats allocated to a party is determined by dividing the votes obtained by a party by the quota of votes per seats. In the event that there are surplus votes, the seats are allocated to the party with the highest surplus. Eight Members of Parliament are appointed by the President. Members of Parliament are elected for a term of five years.
c. Election Dispute Resolution
23. The Electoral Act established electoral tribunals to adjudicate on matters arising before Election Day, such as the inclusion or non-inclusion of names on the provisional voters register, the behaviour of registered political parties, the conduct of EMB officials, and any electoral irregularities. Electoral tribunals must decide on matters presented to them no later than five days from the date of conclusion of the hearing. Electoral tribunal hearings must conclude all pre- election matters before Election Day. In cases requiring urgent relief, tribunals must give a decision no later than 48 hours after the conclusion of the hearing. Furthermore, any appeal to the Electoral Court must also be concluded before Election Day.
24. The Electoral Act also sets up the Electoral Court to hear and determine appeals against the decisions of electoral tribunals, to review decisions of electoral tribunals, and to decide on any matter concerning any contravention of the Electoral Act. The Court can also hear and determine appeals against decisions of the ECN, as well as review ECN decisions relating to any electoral matter. It can also decide on any matter referred to it by the ECN regarding the interpretation of electoral law. The Electoral Court must conclusively determine all post-election matters seven days before the swearing in of the office-bearer concerned. In urgent cases, the Court must give a decision no later than 72 hours from the conclusion of the hearing.
25. Disputes arising from presidential elections are adjudicated by the Supreme Court of Namibia. The Supreme Court is required to give a decision no later than 14 days after the conclusion of the hearing.
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26. The AUEOM noted that the election dispute resolution mechanisms established by Nambia prior to the elections were adequate enough to deal with potential challenges to the elections in a timely manner, and largely in line with regional and international povisions.
d. Political Party and Campaign Finance
27. The AUEOM noted with satisfaction that section154 (2) of the Electoral Act provides for public funding of political parties through budgetary allocations by the National Assembly. Public funding of parties is allocated based on the number of seats held by parties in Parliament. The law also stipulates the purposes for which such funds may be spent and it provides for mandatory disclosure of expenditure of such funds. The law in section 159 also provides procedures for recovery of funds that have been determined as irregularly spent through an audit.
28. Section 141 of the Electoral Act also provides for political parties and members of political parties to also receive funds and donations from foreign persons or institutions. Parties are mandated to the disclose such funds and donations but it does not place a cap on the amount that can be raised from private sources. The law also does not provide ceilings on campaign expenditure by parties.
29. The AUEOM noted that such ceilings are necessary to ensure that parties have equitable access to resource, thus levelling the playing field for all parties.
e. Election Management
30. The third amendment of the Constitution recognises the Electoral Commission of Namibia (ECN) as a constitutional institution. Chapter 2 of the 2014 Electoral Act also provides in further details the powers and functions of the Commission.
31. The ECN is comprised of five members who are appointed by the President with the approval of the National Assembly. Members of the Commission are appointed for a tenure of five years which is limited to two terms. The appointment of the Commission members is done through an open recruitment process that includes the establishment of a selection Committee drawn from the Public Service Commission, the law society, the Qualification Authority, and the Judiciary (section 5 of the Electoral Act). Applications are invited for intending members of the Commission, a shortlisting process is done by the Committee and the list is published in the papers for claims ad objections before candidates are interviewed. The Committee thereafter submits a list of recommended
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candidates to the President who submits the list of successful appointees to the National Assembly for approval. The AUEOM considers this open recruitment of the Commission as good practice which serves to strengthen the independence of the Commission.
32. The AUEOM noted with satisfaction that the Electoral Act includes a mandatory appointment of at least two women as members of the Commission (section 6(2) of the Electoral Act).
33. Stakeholders consulted by the AUEOM noted that several amended clauses in the Electoral Act could not be implemented before the 2014 elections due to time constraints posed by the preparations for the elections.
34. The Director of Elections serves as the Chief Executive Officer (CEO) and the Permanent Secretary of the Commission. The CEO reports to the Commission.
35. The ECN has the following functions:
To direct, control and supervise elections fairly and impartially; To register voters; To compile and publish voters rolls; To register political parties; To supervise, direct, control and promote voter education on elections; and Accreditation of voter educators other than political parties.
36. The ECN is not tasked with hearing electoral complaints or disputes, such functions being reserved for the Judiciary.
37. The ECN reports to Parliament, and through Parliament to the President, annually.
b. Voter Registration
38. Article 17(2) of the Namibian Constitution provides for the right to vote to all Namibian citizens who are 18 year and older. The AUEOM also noted that the right to vote is extended to persons who have been convicted of crimes either within correctional facilities or who have served the terms of their convictions and Namibians living abroad.
39. The Electoral Act provides for three types of voters' registration in Namibia conducted by the ECN: General Registration of Voters – to be conducted once every 10 years;
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Supplementary Registration of Voters – to be conducted in an election year; and Continuous Registration of Voters – for any qualified person, who are yet to be registered, at any time outside the general registration or supplementary registration periods, except during the period of suspension contemplated in the Electoral Act.
40. Qualified citizens can register in their respective local authority and constituency. For the purpose of registration, registrants are required to present any of the following identity documents to proof their citizenship: a valid green passport or New Namibian ID, or Old Namibian ID. In the absence of these identity documents, a registrant is required to present one of the following combinations of documentation:
o Citizenship Certificate and Old Namibian ID (if born outside Namibia); o Namibian Birth Certificate and New Namibian Driver's Licence; and o Namibian Birth Certificate and two registered deponents.
41. In the case of registration for local elections, registrants will also be required to proof that they are resident within the local council.
42. The Act provides for a period of display of the register during which voters are able to check their details and raise complaints and objections.
43. The third general registration of voters (GRV) took place from 15 January to 2 March 2014, using biometric voter registration kits, deployed by over 700 teams. The GRV was followed by the objection period from 3 to 30 April 2014, during which voters had the opportunity to verify their details in the provisional voter register and raise objections at the Magistrate Courts.
44. Namibia uses the biometric voter registration in which registered voters are issued with a biometric card. The biometric system captures the following details of voters: all fingerprints, digital images and signatures. With such details captured, the detection of duplicates through Automated Fingerprint Identification System (AFIS) matching and data aggregation and disaggregation to the lowest detail was possible. The biometric register also allowed for system interface with other institutions, such as the Ministry of Home Affairs for removal of deceased persons from the register, and the introduction of an automated voter identity verification system that was used on Election Day.
45. The provisional voter registration figures was 1,162,366 voters. After review, the final number of eligible voters of the GRV was 1,159,091. An additional 118,487 eligible persons located within Namibia and 343 voters in the diaspora were
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registered during the Supplementary Registration of Voters (SRV) that took place from 8 to 20 September 2014.
46. The final number of eligible voters for the 28 November 2014 Presidential and National Assembly Elections was 1,241,192 (about 94% of the voting-age population). The AUEOM was satisfied to learn that 657,751 (53%) of the total registered voters were women, and 583,443 (47%) were men. Furthermore, the AUEOM was satisfied with the participation of young people with 45.5%, of registered voters aged 18-32 years.
Source: http://www.ecn.na/
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Figure 2: Voter Registration statistics – by gender per region
Source:http://209.88.21.122/documents/218617/1171221/Statistics+Overview+- +7+November+2014.pdf/de4089be-29d1-4f0c-8cea-e0b4840efd33
Figure 3: Voter Registration statistics - by gender and age group
Source: http://209.88.21.122/documents/218617/1171221/Statistics+Overview+- +7+November+2014.pdf/de4089be-29d1-4f0c-8cea-e0b4840efd33
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c. Political Parties and Candidate Nominations
47. Nine candidates contested in the 2014 Presidential elections, and 16 political parties contested seats in the NA elections. A total of 1,088 candidates were nominated through party lists in the NA elections.
48. The Electoral Act requires candidates contesting the presidential elections to register their candidature with the ECN. For presidential elections, registrations were done either by registered political parties or independent candidates. For party-sponsored candidates, registration requirements are: proof of party registration, a deposit of N$20,000 and a list of 3,500 endorsements gathered nationally. Independent candidates must be supported by a list of at least 500 endorsements per region (in total 7,000 nationally), and pay a deposit of N$10,000. The AUEOM noted that the disparity in candidate registration requirements between party-sponsored and independent candidates could impact on the level playing field for the elections.
49. Submission of candidatures to the ECN for both elections took place between 13 and 29 October 2014. The AUEOM noted that no presidential candidate or party list was rejected.
50. The Electoral Act stipulates that all political parties must abide by the Code of Conduct developed by the ECN. Campaigning took place in a peaceful and law- abiding manner, with no major incidents reported.
d. Campaigns
51. The campaigns for the 2014 elections commenced after the election date was announced and ended at midnight before the polls open.
52. The Electoral Act stipulates that all political parties must abide by the Code of Conduct developed by the ECN. The AUEOM gathered that the campaigns took place in a peaceful and law-abiding manner, with no major incidents reported.
e. Gender and Minority Rights
53. In line with the African Union’s principles and commitment to gender parity as stated in article 2.1 (a) of the AU Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa and article 3.5 of the African Charter on Democracy, Elections and Governance, the AUEOM noted that the Electoral Act does not include specific provisions on gender equality for candidates in national elections, though such provisions exist for candidates in regional and local elections.
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54. In the absence of these deliberate provisions aimed at ensuring gender equality among candidates, it was left to the prerogative of political parties to decide on number of women to be included in their lists. The AUEOM noted that some political parties voluntarily adopted measures to improve gender representation in their nominations lists. As a result, 42.6% of all parliamentary candidates were women. It is also worth noting that the Congress of Democrats (CoD) party is the only one that used the ‘zebra system’ on its candidates selection list. The AUEOM also noted that none of the nine parties that contested the presidential elections presented a female presidential candidate in the 2014 elections.
55. The AUEOM noted that the Electoral Act of Namibia prohibits persons with mental or intellectual disability from participating in elections. The Mission drew the attention of the Government of Namibia to its obligation under Article 12 of the Convention on the Rights of Persons with Disability to ensure that legal incapacity is the only basis for political exclusion.
f. Voter Education
56. The ECN is mandated to undertake civic and voter education. Political parties and civil society groups are allowed to register with the ECN in order to conduct voter education, and are thus legally required to sign a code of conduct prior to engaging in voter education activities. The ECN also has the authority to revoke the accreditation of any CSO that fails to comply with this code of conduct.
57. Civic education campaigns reportedly began prior to the amendments of the Electoral Act. However, efforts to sensitise the electorate on the use of the Electronic Voting Machines (EVMs) only began in October. The ECN conducted a number of demonstrations for political parties, media and observer groups prior to the elections to demonstrate and explain the use of the EVMs.
g. The Media
58. There are no specific media laws in Namibia but media conduct is generally guided by the Constitution, which provides for media freedom and freedom of expression. The AUEOM noted with satisfaction that, for the first time, the national television and radio broadcasters provided equal broadcast time to all political parties, ahead of the 2014 Presidential and National Assembly elections in Namibia. In previous elections, this scheduling was allocated proportionally according to the party’s representation in the National Assembly, which excluded a number of smaller parties without seats in Parliament. The AUEOM noted however, that this allocation of broadcast airtime was done voluntarily by the Namibian Broadcasting Corporation (NBC) rather than by legal requirement.
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h. Preparedness of the ECN
59. The 2014 elections in Namibia were the first in the country’s history to be conducted using EVMs, and were also the first elections in Africa to incorporate paperless balloting into the voting process. The use of technology in the election process was also expanded to include biometric voter registration and voter identity verification technologies.
60. The AUEOM gathered from its consultations and media reports that the ECN after a period of research and international exchanges with other countries where EVM are in use selected the Indian-made machines because of its simplicity and user-friendliness.
61. In preparation for these elections, 1,255 fixed polling stations and 2,711 mobile stations were established. The AUEOM noted with satisfaction the initiative of providing mobile stations to ensure coverage of all registered voters across the country especially those in correctional facilities and hospitals.
62. The ECN recruited 12,480 polling personnel who were trained before the elections. The Mission commended the initiative taken to test-run these systems at the advance voting and in by-elections to engender public confidence ahead of Election Day
63. The AUEOM noted that the ECN undertook the planning and logistics towards the Election Day in a professional and effective manner. Specifically, the mission noted that election materials were deployed in a timely manner, despite the logistical concerns expressed in its pre-election press briefing.
64. The AUEOM noted that an ‘advance’ voting for registered voters in diaspora and sea-going personnel was conducted on the 14th November 2014. The Mission wishes to register its concerns about the possible impact of the release of the results of these elections ahead of the results of the general elections. By international best practise, it is expected that results of advance voting be kept secret and declared on the same day as the results of the general elections.
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V. ELECTION DAY OBSERVATION
a. Opening the Poll
65. On election day, the AUEOM observed the opening process, including the preparations and pre-testing of electronic voting machines, at 14 voting stations that covered 10 regions of Namibia. All observed polling stations had queues of 50 to 200 voters at opening time, and the environment was very calm and peaceful. In the observed polling stations, 50% opened on time and 25% opened up to an hour late.
66. The late opening was generally due to pre-opening procedures, in particular the pre-testing of EVMs, which took longer than anticipated, and difficulties with the card scanners as polling staff were not fully familiarised with the technology. The signing of the oath of secrecy by observers and party agents at the polling stations before opening also distracted staff from other opening procedures and in some cases delayed the set up and pre-testing of voting machines.
67. In all polling stations where AU Observers were present, the pre-test of EVMs was successful and party agents were generally satisfied. Voting materials were available in sufficient quantities at opening time, except for a few stations where the occurrence book and the voters register were not available at opening time.
b. Polling Stations
68. The AU teams noted that the layout of 90% of the visited polling stations assured the secrecy of the ballot and, with the exception of some mobile stations, it promoted an easy flow of voters. The observer teams reported that the location of 85% of polling stations visited was easily accessible to persons with disability.
c. Voting Process
69. AU teams visited 193 polling stations in 10 of the 14 regions of Namibia where they observed the voting process. The stations visited covered 146 stations located in urban areas and 47 in rural areas; 152 were fixed stations and 41 were mobile stations. The atmosphere in those polling stations was very peaceful and calm, despite the long queues and the slowness of the voting process.
70. The use of electronic voting was largely successful in all observed polling stations, with a few instances where machines malfunction. Although most voters were using the EVMs for the first time and they often required instructions from
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polling staff, they were generally comfortable with using the EVMs. The AUEOM noted with satisfaction the simplicity of the design of the EVMs.
71. The EVMs were stand-alone machines and are not connected to any computer network. Each electronic voting unit comprised of two components: a Control Unit and a Ballot Unit. The Control Unit served as the memory of the machine, which was operated by a Polling Officer. The Ballot Unit is linked to the Control Unit by a cable and placed within the voting booth. The voter makes his/her choice and votes by pressing a button on the Ballot Unit. Each Ballot Unit contained 15 candidates / parties. For the National Assembly election that had 16 parties contesting, an additional unit was provided with the logo of the 16th party. There was one ballot unit provided for the presidential election with the nine candidates presented.9
72. After the close of polling, each Control Unit was linked to a printer that produced a print out of the results.
73. The Mission noted that stipulated procedures for voting were generally adhered to by polling staff.
74. In 70% of the stations visited, it took voters more than 3 minutes to complete the voting process. The slowness was mainly due to:
The voter identification system, which required both the scanning of the card and finger printing. In some cases, voters had their five fingers scanned;
The recording of voters’ card details and signatures before the issuing of each ballot;
Interruptions due to equipment malfunction, especially the identity verification machines and the slow response of the field technical teams10. This was the case in 10% of the stations visited; and
Poor queue management by polling staff in a few polling stations.
75. The AUEOM witnessed long queues outside most polling stations visited throughout the day, and this persisted in the majority of observed stations until after official closing time at 9pm. In addition to the slowness of the voting process, the long queues were also caused by allowing voters to choose any polling station to cast their ballot, which led to imbalances in voter turnout between polling stations. Disruptions in the schedule of mobile stations, led many
9 See annex 6 for pictures of the EVM 10 The ECN recruited on-site technical support personnel per constituency Page | 18
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voters to flock to fixed polling stations, thus increasing the number of voters at those stations.
76. While the AUEOM notes that a one-day voting process is in line with international practice, in the case of Namibia, the newly adopted voting procedures were lengthy and made it difficult to complete voting within the stipulated 14 hour voting period.
77. At 92% of stations visited, priority was given to elderly voters, expectant mothers and voters with infants. Voters who required assistance during the process were given such assistance without compromising the secrecy of the ballot.
78. The allocation of a single stream per polling station also contributed to the delays in the process.
d. Polling Personnel
79. The AUEOM notes with satisfaction that 61% of the staff and 74% of party agents in stations visited were women.
80. It was also noted that polling personnel conducted their duties in a professional manner and with commitment, even late into the night.
81. It was however noted in 15% of the stations visited that staff had challenges with the equipment and they required technical support, which was not immediately available.
e. Party Agents and Independent Observers
82. In 96% of observed stations there was at least one party agent present. The AUEOM however noted that citizen observers were present in only 8% of the stations. It further noted that party agents and independent observers were granted free access to the stations and they were able to discharge their duties without hindrance or interference.
f. Security Personnel
83. Security personnel were present in all polling stations and played a key role in queue management and maintaining order. Their presence was visible and active but discreet and unobtrusive. Security personnel casted their votes alongside the other voters and in many cases were given priority to cast their votes.
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g. Closing and Counting Process
84. AU observers witnessed the closing and counting process in 13 voting stations in 9 regions. 92% of observed polling stations closed late after 9pm, and 58% more than one hour late. Some polling stations only completed the counting process in the morning of 29 November. The main reason for late closing was due to the long queues of voters still waiting to cast their ballot at the closing time. All voters on the queue by closing time were allowed to vote.
85. In 15% of the observed polling stations visited by AUEOM, voting stopped at least once, due to technical issues with the use of the voter verification or EVM systems. These issues delayed counting in some stations by up to 1 hour, but these were resolved quickly. In all cases, normal voting resumed after the issue was resolved.
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VI. POST ELECTION OBSERVATION
(a) Tabulation of Results 86. After the counting process is completed, all presiding officers in the constituency are required to report their results and deliver EVMs to the respective Returning Officers at constituency tabulation centres. The Returning Officers collate polling station results by connecting the control units of the voting machine received from the presiding officers to a tabulator, 11and announced constituency results both for President and National Assembly elections. Copies of the constituency results were provided to party agents.
87. Returning Officers then transmitted constituency results to the Central Elections Results Centre (CERC), where they were collated to obtain the final national results, which are thereafter verified, audited, officially announced and published.
88. The CERC also served the functions of:
Issuing regular reports to the public through the media;
Holding press conferences, release factual information, identify problems encountered and the decisions taken to resolve those problems;
Coordinating responses on flashpoints and hotspots countrywide utilizing Electoral Risk Management Tool (ERMT) in collaboration with Namibian Police Force (NAMPOL); and
Issuing regular reports to the Commissioners and the Party Liaison Committee on progress made, difficulties encountered and areas requiring additional support and action.12
89. The AUEOM noted that despite the delays in closing of the poll in some polling stations, which resulted also in delayed tabulation of results for those stations, the tabulation process was efficiently undertaken by the ECN without reports of complaints or incidents.
11 This is a device that functions similar to a calculator. It pulls together the data from the EVMs brought in from the polling stations to produce collated results. 12 www.ecn.na. Page | 21
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(b) Announcement of Results
90. On 1 December 2014, the Chairperson of the ECN, Adv. Notemba Tipueja, made an official announcement of the Presidential and National Assembly election results. In her address, she also acknowledged the improvements brought about by the use of the EVMs, noting specifically the accuracy of vote counting and the reduced possibility of spoilt or rejected ballots.
91. Dr. Geigngob Hage Gotfried of SWAPO was declared the winner of the presidential election. He received 772,528 of the 890,738 votes cast in the election. SWAPO also retained its majority in the National Assembly elections, with 77 of the 96 seats.
92. Tables 4 and 5 provide a detailed breakdown of the Presidential and National Assembly election results.
Table 4: Results of the Presidential Election
No. CANDIDATE NAME TOTAL VOTES RECEIVED 1. Geingob, Hage Gottfried 772,528 2. Hamutenya, Hidipo Livius 30,197 3. Maamberua,Usutuaije 5,028 4. Mbai, Asser Ferdinand 16,740 5. Mudge, Henry Ferdinand 8,676 6. Mukwiilongo, Jan Epafras Mulinasho 2,514 7. Shixwameni, Ignatius Nkotongo 7,266 8. Ulenga, Ulenga Benjamin 3,518 9. Venaani, McHenry Mike Kanjonokere 44,271 Total votes cast: 890,738 Number of registered voters: 1,241,194 Source:http://209.88.21.122/en/web/ecn/current-affairs/- /asset_publisher/ZWZZbh7wiVh7/content/official-announcement-of-final-election-results-of-the-2014- presidential-and-national-assembly-elections?
Table 5: Results of the National Assembly Election
TOTA TOTAL VOTES SEAT SURPLUS L NO. POLITICAL PARTIES RECEIVED ALLOCATION VOTES SEAT S 1. All People's party 20,431 2 2 2. Christian Democratic Voice party 2,606 0 3. Congress of Democrats 3,404 0
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4. Democratic Party of Namibia 1,131 0 5. DTA of Namibia 42,933 4 1 5 6. Monitor Action Group 3,073 0 7. Namibia Economic Freedom Fights 3,259 0 8. National Democratic Party of Namibia 1,389 0 National Unity Democratic 9. 17,942 1 1 2 Organisation 10. Rally of Democracy and Progress 31,372 3 3 11. Republican party of Namibia 6,099 0 1 1 12. SWANU of Namibia 6,354 0 1 1 13. SWAPO Party of Namibia 715,026 76 1 77 14. United Democratic Front of Namibia 18,945 2 2 15. United People's Movement 6,353 0 1 1 16. Workers Revolutionary Party 13,328 1 1 2 893,643 96 TOTAL VOTES: 893,643 QUOTA: 9,308
Source:http://209.88.21.122/en/web/ecn/current-affairs/- /asset_publisher/ZWZZbh7wiVh7/content/official-announcement-of-final-election-results-of-the-2014- presidential-and-national-assembly-elections?
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VII. CONCLUSIONS AND RECOMMENDATIONS
(a) Conclusions
93. The AUEOM congratulated the Republic of Namibia for taking an innovative and bold step in adopting the use of electronic voting machines for the 2014 elections. Cognisant of the challenges that a national roll out of the use of EVMs entailed, the AUEOM commended the ECN for their efforts in the 2014 elections. Based on its observations and findings, the AUEOM concluded that the 28 November 2014 elections in the Republic of Namibia were conducted in a peaceful environment free from violence and intimidation. The elections were conducted in compliance with the national laws of the country and in line with its international obligations. They were conducted in a manner that allowed Namibians to express their will freely and in a credible and transparent manner.
(b) Recommendations
93. The AUEOM offered the following recommendations for improvement of future elections in the country:
The Government should
Ratify the African Charter on Democracy, Elections and Democracy to further strengthen and entrench democratic governance in Namibia in line with its international obligation.
Parliament should:
Amend the electoral law to regulate sources of party funding and to provide mandatory ceilings on campaign expenditure to ensure fair access to resources amongst political parties;
Harmonise the provisions on gender equality for regional and local elections with the provisions of the Electoral Act to ensure gender equality in national elections;
Entrench the principle of allocating free airtime in the public broadcaster for political party campaign on an equal basis in the Electoral Act;
Ensure that amendments of the legal framework take place at reasonable time before Election Day to enable that ECN to have
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adequate time to plan and operationalise the new law and to also sensitise the electorate on the new legal provisions; and
Regularise the role of the media by prescribing specific roles and expected standards of reporting during the election period by enacting appropriate legislation regulating media conduct.
The ECN should:
Consider simplifying polling station procedures, namely the voter identity verification process and recording of voter’s presence to ensure that all procedures can be completed within the stipulated voting hours;
Consider limiting the number of voters per polling station to reduce voters’ waiting times and overcrowding of some polling stations;
Ensure that the training of staff on the use of technology in elections is continuous to further improve their ability to operate the equipment;
Administer the oath of secrecy for observers and party agents before Election Day, preferably during accreditation in order to speed up opening procedures on Election Day;
Develop efficient measures to improve the management of mobile polling stations to make them more effective; and
Consider including security personnel for advance voting to free some polling stations for regular voters and reduce crowding on the Election
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Annex 1: Deplpyment Plan
Team Region Stay in Mode of travel Areas Observers No. 0 Windhoek H.E. Amb. Fatuma Ndangiza Windhoek H.E. Ms. Naimi S. Windhoek H. Aziz 1 Oshitkoto Tsumeb Travel by road Tsumeb Jean Minani Nyirindekwe Jean- Paul 2 Omusati Outapi Fly to Ondagwa Ruacana, Said Mtanda and connect Okahao, Outapi, Suliman Amar Outapi by road Osamanzi Ibrahim Dafaalla 3 Ohangwena Ondangwa Fly to Ondangwa Oshikango Dr. Tapiwa Ohangwena, Mashakada Oshakati (in MaximillianKolbe Oshikoto Domapielle Region) 4 Outzonjupa Outjwarongo Travel by road Outzonjupa Aly Kamara (Fr) Ortavi Etta Tadesse 5 Oumaheke Gobabis Travel by road Gobabis Irene Mwangi Gloria Chingota 6 Windhoek Windhoek No travel Windhoek Rev.Emmanuel (North) Chinkwita-Phiri Lina Abdullahi 7 Windhoek Windhoek No travel Windhoek Thabang Nyeoe (South) Hon. Wondimu Gezahegn 8 Erongo Walvis Bay Travel by road Walvis Bay, Jammeh Kalifa Nawe Kamukama 9 Erongo Swakopmund Travel by road Swakopmund Fako Johnson Likoti Jose Green-Harris 10 Hardap Mariental Travel by road Mariental Urban CrispyKaheru and Mariental Rural, Gibeon Obidigbo Chizoba 11 Karas Keetmanshoop Drive Berseba, Ahmed Hassan Keetmanshoop Keetmanshoop Chahuruva Barbara 12 Karas Ludiritz (Fly) Fly to Ludritz Ludiritz Leonard Sesa Victoria Abdulai 13 Hardap Windhoek Daily travel Rehoboth and Jecha Jecha Windhoek South Ndidi U Abanno 14 Zambezi Katima Mulilo Fly to Kaprivi Kaprivi strip John Maphephe Roselida Khamete
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ANNEX 2: Briefing and Orientation Programme
Time Activity Responsibility 09:00 – 09:30 Arrival and registration 09:30-09:45 Welcome remarks and overview Chika Charles Aniekwe, of mission programme Mission Coordinator 09:45-10:00 The mandate and role of the Chika Charles Aniekwe, African Union in election Mission Coordinator observation 10:00-11:00 Tea break 11:00-12:30 Political context of the 2014 Political analyst elections Political background Norman Tjombe, human Party nomination and Rights lawyer and candidate registration former Director of Legal Voter registration Assistance Centre Campaigns Issues to note in the 2014 process
12:30-13:30 Lunch Break 13:30-14:45 Legal framework for elections in Legal expert Namibia Recent electoral reforms Mr. John Nakuta, The constitution UNAM Lecture and Electoral Act Human Rights & Electoral system Documentation Centre The electoral framework Party finance regulation Issues to note about the legal and electoral framework 14:45-15:00 Tea break 15:00-16:00 Election observation rationale EISA and methodology The Electoral cycle Observation Vs Monitoring AU election assessment methodology 16:00-17:00 Code of Conduct for Observers Chika Charles Aniekwe- Mission Coordinator 17:00 Housekeeping and close of day one DAY 2, SUNDAY, 23 NOVEMBER 2014 Time Activity Responsibility 09:00 – 09:15 Brief remarks by Head of Mission Head of Mission 09:15-10:15 International benchmarks for EISA credible elections International instruments
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AU instruments Assessing elections on the basis of international benchmarks 10:15-10:30 Tea break 10:30- 10:45 Screening of election day procedures video 10:45-12:00 Briefing by the Electoral ECN Director of Commission of Namibia (ECN) Operations, Theo Mujoro Overview of ECN’s preparedness for the 2014 elections (procurement; personnel recruitment and training; logistics and operations; and civic and voter education) Election day procedures – what should observers expect to see? ECN’s expectation from international observers 12:00:13:00 Introduction to use of tablets EISA 13:00-14:00 Lunch Break 14:00-15:00 Perspectives of civil society on Panel: the 2014 elections Role of the media – Media Institute for Southern Africa (MISA) Citizen observation- NANGOF Women’s representation and participation in the 2014 elections – Women Solidarity 15:00-16:00 Security Briefing Police 16:00-16:15 Tea break 16:15-17:30 Observer reporting – use of EISA checklists Opening form
Voting form
17:30 Presentation of deployment plan and distribution of case study Close of day 2 DAY 3, MONDAY, 24 NOVEMBER 2014
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Time Activity Responsibility 09:00-10:00 Observer reporting – continued Closing and consolidation form
10:00-10:15 Working tea break 10:15-11:45 Use of tablets on election day EISA Downloading forms Completing forms Saving forms Uploading forms Troubleshooting 11:45-12:45 Practical exercise on checklists EISA and tablets 12:45-13:45 Lunch break 13:45-14:45 Guidelines for field work EISA Stakeholder consultations Reconnaissance Election day guide 14:45-15:45 Deployment briefing Mission Security briefing Coordinator Logistics and finance Finance officer issues and security officer 15:45-16:00 Tea break EISA 16:00-16:30 Distribution of deployment kits and Mission secretariat supplies 16:30 Close of day 3 and preparation for departure to areas of deployment
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