Election Observation Mission

Transcription

1 Election Observation Mission Zanzibar 2015

2 1. Background on the observation mission The Africa Liberal Network (ALN) conducted an election observation mission to Zanzibar with the aim of monitoring and reporting on the elections on this island. The mission comprised the following observers: o Rosemary Kariuki-Machua (leader of delegation, ALN Vice President for East Africa) o Stevens Mokgalapa (Democratic Alliance MP, South Africa, ALN Vice President for Southern Africa) o Roy Jankielsohn (Democratic Alliance MPL, South Africa) o Hubertus von Welck (Regional Director, FNF) o Luke Akal (ALN Coordinator) The observers arrived in Zanzibar ON 26 October The work of the commission commenced the next morning after accreditation at the ZEC.

3 From left to right: Rosemary Kariuki-Machua, Hubertus von Welck, Steven Mokgalapa, Roy Jankielsohn, Luke Akal. 2. Pre-Election environment The electoral history of Zanzibar has been fraught with violence and there were expectations for an improvement in this situation. The 2000 elections were followed by violence that led to the exodus of 2000 CUF (Civic United Front) supporters to Kenya after clashes with police in which 35 people were killed and 600 injured. In 2005 the death toll was similar. Internation al observers found instances of vote rigging, illegal voting, and an overwhelming presence of security forces. During the 2010 elections a truce between CUF and the ruling CCM (Chadema Cha Mapinduzi) prevented a recurrence of violence. In spite of the minor difference in votes

4 the election ended with party leaders congratulating each other. Election observers unanimously declared the elections free and fair (Jussa, 2015: 1 & ZEC, 2015(a): 15-27). The 2015 election started peacefully due to a government of national unity. As elections loomed the political environment became more hostile with provocative comments made by leaders at political party rallies. The CCM and CUF differ over a new constitution with CUF expressing separatist sentiments. Currently Zanzibar remains a semi-autonomous archipelago of Tanzania (ZEC, 2015(a): 27). The registration process in 2015 was also marred by some allegations of violence against opposition members by security forces (Jussa, 2015: 1). These allegations were reported by some media and CUF. However, the Zanzibar Police denied that any such issues were of significance and would not threaten the election process. 3. Electoral structures The ZEC (Zanzibar Electoral Commission) is responsible for ensuring free and fair elections in Zanzibar. The ZEC initiated a process that resulted in the development of a strategic plan for the institution (Strategic Plan ). This also led to a review of existing electoral documents and the initiation of new ones. Observers and the media were provided with the following documents by the ZEC: Code of Ethics for Political Parties, Government, Police and ZEC. Guidelines for the Public Media. Guidelines and Code of Conduct for Observers. Organisational Structure of the ZEC. ZEC s scheme of service. The strategic plan also led to legislative reviews that based on the following pillars of the ZEC, namely: Strengthening the ZEC s independence. Legal framework for Electoral Appeals. Voter Registration Permanent Voter s Register. Elections and Boundary Delimitation. Voter Education and Public Relations. Professional and Organisational development. Gender, Social Inclusion and Stakeholder Engagement.

5 The above led to a voter registration process. This was initially marred by problems with Zanzibar Residence Identity cards (ZAN IDs) which are a prerequisite for registration. The ZEC reports that the process improved by May to June Another result of the review were some changes in the boundary delimitation. The Census 2012 led to a review of boundaries in terms of Acts 3/95 and 4/95 that were regulated by regional administration and local government. Acts 7/2014 and 8/2014 that came into effect in May 2015 stripped the responsibility of delimitation of wards and Shehias from the ZEC and replaced it with the Minister responsible for Regional Administration and Local Government. The ZEC restricted itself to the constituency delimitation that increased constituencies for the House of Representatives from 50 to 54. The ZEC indicated that no complaints were received regarding the delimitation process (ZEC, 2015(a): 29-30). 4. Registration of ALN observers The registration of the ALN observers took place early on 23 October 2015 at the ZEC collation centre.

6 The process was efficient and without undue delays. Observers each received an accreditation document with a photograph of the observer (which was to be on display at all times) as well as a file with various documents that included an electoral history of Zanzibar, a list of polling stations per constituency, and codes of conduct. 5. Visits to polling stations: 23 October 2015 The mission split into two groups that visited various polling stations. Polling stations included: Skuli ya Kwampura (Amani constituency), Skuli ya Msingi and Skuli ya Primari ya Nyerere (Magomeni constituency), Skuli ya Maandalazi (Mfenesini constituency), and Skuli ya Bububu (Bububu constituency), amongst others. It was noted that some tents were already erected for voting at Skuli ya Maandalazi in preparation for election day. The observers were also alerted to a problem with a double registration of a voter at Skuli ya Nyerere (see photo below): Observers were impressed by the posting of voter details inclusive of photographs outside of polling stations. Voters were also divided in groups of about 350 into various classrooms to expedite the voting process (see photographs below):

7 It was also evident at all polling stations that voters were using the opportunities made possible to them to verify their details on the voters roll outside of schools see photographs below):

8 6. Briefing by the ZEC: 23 October 2015 The ZEC briefed observers and the media on their preparations for the elections at their results centre. Computers were available for use of political parties, observers, and media at the results centre. The ZEC Chairman Jecha Salum Jecha briefed the meeting on systematic issues relating to the elections as well as preparations for the elections. He indicated that they have a firstpast-the-post system linked with a proportional representation system whereby House of Representatives Women special seats are allocated and Councillor special seats, both according to the amount of seats of political parties in both structures. The ZEC has seven commissioners appointed by the President of Zanzibar in consultation with the Leader of Government Business in the House of Representatives and two members after consultation with the Leader of the Opposition in the House of Representatives (or alternatively if this post does not exist with political parties). One member is from sitting judges and one at the discretion of the President. All commissioners serve for five years. Section 119(11) and (12) guarantees the independence of the ZEC. In terms of this, the commission does not have to comply with any government, political party, or court interference. The ZEC has the following functions: The overall supervision of the general conduct of all Presidential, members of the House of Representatives and Local Authorities Leader Election in Zanzibar. Promotion and regulation of voter education. Demarcation of constituencies. Appointment of officers to hold office in the commission. Conducting referenda. Prepare and supervise the Permanent Voter Register. The ZEC indicated that there are registered voters. There are 380 polling centre Districts and 1580 polling stations. They indicated that voter education did take place. There were fourteen Presidential candidates nominated, 180 candidates for the House of Representatives from 17 political parties, and 385 candidates from 18 political parties for Local Government elections. They also indicated that 1355 observers were accredited to observe the elections (1250 from 17 local groups and 105 from 16 international groups). Polling material would be distributed on Saturday, 25 October Voting would take place between 07H00 and 16H00 on Sunday, 26 October Poling agents would be appointed by political parties. Votes would be counted at polling stations in a transparent manner and results posted outside

9 of each station. All material is then sent to the HQ of the constituency. Political Party Poling agents may escort this material. Tallying of all results are done at Tallying centres in each constituency. The Elections Act (11 /1984) indicates that this starts with the Presidential results (ZEC, 2015(b): 1-13). 7. Attendance of the final CCM election rally: 23 October 2015 A group of observers attended the CCM final rally after the ZEC briefing. The rally was attended by large groups of CCM supporters and was festive and peaceful (see photographs below): 8. Visit to Zanzibar Police Headquarters: 24 October 2015 The mission paid an unannounced visit to the Zanzibar Police Headquarters to meet with senior management in order to obtain their views on the security environment prior to the elections and identify possible hotspots to be monitored. The Police Commissioner Hamdani O Makame briefly introduced himself and left due to an engagement with the President. The Deputy-Commissioner Kali Msangi politely introduced members of his senior management who were also present. He indicated the following:

10 That they were prepared for the elections and that each polling station would have a police presence. The police will accompany all electoral material. Possible hotspots had been identified and additional police would be deployed there. These included: Kinuni, Stonetown, and various other places. There was also some activity that required police monitoring at Miembeni. During the registration process only three cases were lodged with the police that are at the DPP for scrutiny and decision on prosecution. They have a reaction force to deal with any serious incidents during the elections. People not voting or working at stations are not allowed more than 200 metres from polling stations on election day. 9. Meeting at CUF offices: 24 October 2015 The mission met with the CUF Election Officer Mr Muhene Said. He briefed the observers with the following information: Each party has its own election programme and that is why they had their final rally earlier than that of the CCM. There was less violence and harassment than in previous elections during campaigning and the CUF campaign was smooth. They did not experience serious problems with ZEC except regarding demarcation of boundaries of new constituencies. The new polling stations in new constituencies caused some problems during and after voter registration, since some voters had been moved to different polling stations within the same constituency. In some instances, the same people have different voting registration numbers on different cards. Voter s rolls were also only received two weeks before the elections, although this does comply with the ZEC s own regulations. CUF will have three agents at each station, 1 Zanzibar, 1 Union, and 1 for councillors and House of Representatives. Party agents are trained and receive payment and food. Problems were expected in the Central District, especially Chwaka, Uzini, and Tunguu constituencies. People from the mainland who have been given cultivation rights in Zanzibar are threatened to be sent back if they do not vote for CCM. ZEC has capacity problems and are only active during election periods, not in between. There will be underage voting since Shehia s decide who is eligible to vote.

11 People in Zanzibar tend to vote for a party, not candidates. While all parties are given airtime on radio and TV, there are often power failures or other technical problems during opposition broadcasts. Intimidation is expected to increase today and tomorrow (election day). During the registration period, people were shot by individuals wearing masks. The perpetrators are believed to have been soldiers. Some locals also rejected people known not to live in the constituencies, who wanted to register there during registration periods. This caused some problems. The voter education by the ZEC is just ceremonial. This adds to numbers of spoilt ballots. CUF does voter education at meetings and through facebook, s, sms, etc. Rigging will take place using the 7743 dead people identified on the voter s roll. If we see any indications of rigging we will inform the world and not accept it. There is no appeal or dispute resolution process. 10. TV monitoring: 24 October 2015 From about 3 p.m. to 6: 15 p.m. on Saturday 24 October, a CCM rally was broadcast on two local TV channels simultaneously. We did not see any similar coverage for opposition parties the afternoon before the election. See photograph below:

12 11. CUF press conference at Maszon s 18H30: 24 October 2015 CUF presented a list of complaints about the election process at a press conference the evening before the election; various allegations were made regarding problematic areas. See the attached press statement (Addendum A). 12. Election day: 25 October 2015 The observers split into two teams and departed the hotel at 06H30 to enable them to be at polling stations at opening time at 07H00. The following polling stations were visited by my group:

13 CONSTITUENCY POLLING STATION COMMENTS Mkwajuni TC Mkwajuni Voting underway by 7 a.m, party agents very vigorous, 7 streams of voters. Tumbatu Maandalazi No visible problems, voting flowing Donge Donge Mtambile Larger queues, large numbers of women voting, party agents not in all venues, TEMCO observers present. Mahonda Mahonda Run out of Union ballots by 08H30 at one booth, other observers from TEMCO and US Embassy. Returned at 10H00 and ballots were present. Bumbwini Bumbwini Some party agents are only observing and not given names of voters, some booths have no party agents. Amani Faraja 6 tents in the courtyard for voting, long queues Amani Kwamtipura Long queues. Kikwajuni Maandalazi Almost completed voting by 13H50. Pangawe Msingi Observed five people arrested by police. On our arrival they were removed from the front of the polling station, allegedly to the local police station. Only four boxes present with the national box missing. Large contingents of soldiers and police patrolling the area. Community members informed us of assaults and harassment by police. Observed police fanning out among houses. Welezo Welezo Large contingent of security forces, observed a ballot box seal on the ground outside polling station number TAN Polling booth facing outside

14 Mtopepo Mtopepo Requested to visit here after allegations of police harassment of people. Large numbers of police present on foot and in vehicles. Voting still taking place after polling station closed at 16H00 since there were people there by closing time who still needed to vote. Pangave Msingi Counting appeared to be taking place normally in front of party agents. Staff appear to know procedure. Still a large security force presence and groups of locals observing them. The atmosphere was very tense when we departed. 13. General observations The following general observations must be made: There appear to have been problems with registration of voters and demarcation of constituencies. The problems identified and concerns raised by CUF and presented at the press conference must be noted. These are predominantly related to the ZEC s administration of the registration process and preparations for the elections. The electioneering appears to have been free of any serious incidents. The electioneering was very vibrant judging from the election material (flags, posters, and billboards in the streets in all areas). The ALN observers were not threatened or harassed in any way prior to the elections or on election day. It was visible that the presence of security forces was much larger and vigorous (both on foot and in vehicles) in some areas than in others on election day. The process of separating the voters roll at polling stations to allow for fewer voters at each point assisted in preventing too much congestion. The process of placing voter s rolls and photographs of voters outside all polling stations appears to have been very helpful to voters, judging from the amounts of people checking these rolls prior to election day. However, we did not come across any ZEC officials at these polling stations, which would have been useful for voters checking their registration status.

15 Given the large numbers of ZEC personnel required to man so many voting points, they appeared to have been trained and relatively efficient. 14. Post-election reports Post-election reports are of grave concern and should be noted. These include the following: A declaration on Monday, 26 October 2015, by Maalim Seif Hamad of CUF that he had defeated his rival Ali Mohamed Shein of the CCM with more than 52% of the vote. He is quoted as saying: For those of you who have still not come to grips with the reality, and still think there are ways of fabricating a different outcome, we would like you to know that it is over. This was done even though the results were only expected to be announced on Thursday (Aljazeera, 2015). However, it is noted that the results could be checked per polling station where they were counted. The reported storming of the ZEC collation centre by about 70 soldiers on Tuesday, 27 October Officials stopped announcing results and observers and media were held in the hall for three hours (BBC, 2015). It was reported on Wednesday, 28 October 2015, that the Chairman of the ZEC Jecha Salum Jecha broadcast a statement on public television that the polls were nullified and must be repeated. His alleged violations included double-voting and cheating. Police have subsequently been reported to have fired tear gas to break up crowds (enca, 2015). The independence of the ZEC is protected from interference by law, but it appears that the occupation of the ZEC results centre by security forces could have been an attempt to coerce them into the announcement.

16 15. Recommendations for future ALN observation missions The members of the ALN election observation mission propose the following recommendations for future missions: Development of a ALN guide book on election observations; including educational information on preparation; conducting observations; relevant form templates to be used by observers; useful contacts; and communication tools and techniques. Communication tools would include digital cameras and mobile phones equipped with local sim cards and airtime for ease of communication amongst the observer groups. Longer periods of time to conduct research prior to and post-election day. This will allow for: o Analysis of strong points and gaps in the electoral law and the production of recommendations of reforms to the electoral commissions and future legislatures o Observation of voter registration, campaigns, media coverage and the security situation o to be in be in frequent engagements with electoral stakeholders: governments, electoral management bodies, political parties caucuses, media, civil societies, associations of women, youth, persons with disabilities, minorities and the marginalised The identification and recommendation of a group of observers from ALN member parties and organisations. These individuals should undergo relevant election observation training and be the priority when selecting future observation teams

17 16. Sources of information Aljazeera, Zanzibar opposition claims election victory, 27 October Date of access: 28 October 2015 BBC, Tanzania election: Government ministers suffer shock defeat. 27 October. Date of access: 28 October enca, UPDATE: Zanzibar s electoral commission annuls elections. 28 October. -party-holds-lead-tanzania-election. Date of access: 28 October Jussa, I With this election, Zamzibar could make history and end one-part rule. The Guardian. Date of access: 28 October ZEC, 2015(a). A concise political and electoral history of Zanzibar Booklet issued to observers on 23 October 2015 during registration of observers. ZEC, 2015(b). Briefing for International Observers: The Zanzibar Electoral Commission Preparations for the General Election Presentation document distributed at a ZEC briefing on 23 October 2015.

18 Addendum A: Civic United Front statement to media and observers prior to elections BRIEFING TO INTERNATIONAL OBSERVERS AND MEDIA 1. Lack of clarity over constituencies new bounderies. 2. Refusal by ZEC to conduct electronic verification of the Voters Register. 3. A quick research done manually by CUF Policy, Research and Training Unit has discovered a number of irregularities in the Register: - Double or multiple registration of voters in an exercise engineered by CCM in collaboration with ZEC. - Registration of underage voters. - Non-removal of deceased persons (4,999 identified so far). - Removal of eligible voters from the Register (at an average of between 150 and 200 per constituency) which can amount to 8,100 in total. - Displacement of voters from one constituency to another and within a constituency from one polling station to another. 4. Systematic denial of voters cards to newly registered voters. 5. Distribution of voters cards to CCM members through Shehas. 6. Fake ballot papers already marked and stuffed in ballot boxes waiting to be smuggled in to the polling stations. 7. ZEC stamps v/s SMZ stamp 8. Issuing of more than one ballot to CCM voters. 9. Use of force and intimidation. 10. CUF Polling Agents denied identity cards up to this moment (ZEC and NEC ploy). 11. Sudden change of polling stations (from Bububu Primary School to Kijichi Primary School in Bububu constituency) 12. Ballot boxes stuffed with fake ballots stationed at Bwawani Hotel (ZEC Tallying Centre). Aim is to demand recount at national level and mix these ballot boxes with the genuine ones and hence alter results. 13. Need for transparency during counting and tallying of votes at the counting station, constituency centre and at ZEC national tallying centre. 14. Disruption of elections if trends at counting will not favour CCM.

19 OTHER ISSUES: AREAS TO WATCH: 1. Tearing of CUF billboards 2. Kidnapping of a CUF polling agent Hassan Iddi Omar from Mangapawani (Mahonda constituency) in Zanzibar Northern Region who was taken from his house at midnight yesterday and found today at Unguja Ukuu in Zanzibar South Region where he was dumped in the bush. 1. Mahonda constituency (North Zanzibar) 2. Tumbatu constituency (North Zanzibar) 3. Nungwi constituency (North Zanzibar) 4. Bumbwini constituency (North Zanzibar) 5. Chukwani constituency (Zanzibar West B District) 6. Mfenesini constituency (Zanzibar West A District) 7. Bububu constituency (Zanzibar West A District) 8. Mtoni constituency (Zanzibar West A District) 9. Mtopepo constituency (Zanzibar West A District) 10. Welezo constituency (Zanzibar West A District) 11. Mwanakwerekwe constituency (Zanzibar West B District) 12. Kiembe Samaki constituency (Zanzibar West B District) 13. Shaurimoyo constituency (Zanzibar Urban District) 14. Chumbuni constituency (Zanzibar Urban District) 15. Kikwajuni constituency (Zanzibar Urban District) 16. Malindi constituency especially at Lumumba School and Makadara School polling stations (Zanzibar Urban District).