Regional Workshop on Capacity Building in Electoral Administration in Africa. The Electoral Experience in Mozambique

Transcription

1 African Training and Research Centre in Administration for development United Nations Department of Economic and Social Affairs Regional Workshop on Capacity Building in Electoral Administration in Africa The Electoral Experience in Mozambique by: António Carrasco and Felisberto Naife Tangier Morocco September 2001 Bd. Mohammed V, Pavillon International P.O. Box 310, Tangier, Morocco Tel: (212) Fax: (212) cafrad@cafrad.org Web Site: Bd. Mohammed V, Pavillon International B.P. 310 Tanger, Maroc

2 TABLE OF CONTENTS 1. INTRODUCTION ELECTORAL ORGANS ELECTORAL PLANNING AND ORGANISATION ELECTORAL CIVIC EDUCATION FINANCING THE ELECTORAL PROCESS MONITORING OF THE ELECTORAL PROCESS... 6

3 1. INTRODUCTION Mozambique is located in the Southeast cost of Africa, covering an area of 799,380 km2. The country has 4,330 km of land border with Tanzania, Zambia, Malawi, Zimbabwe, South Africa and Swaziland, and 2,470 km of sea cost in Indian Ocean. Mozambique became independent from Portugal on 25 June 1975, after 10 years of liberation struggle conducted by FRELIMO (Mozambique Liberation Front). After the independence the new government, headed by President Samora Machel, introduced the one party system. There are more than 14 local languages in Mozambique and Portuguese is an official language. The country is administratively divided into 11 provinces and 148 urban and rural Districts. The capital of Mozambique is Maputo City, located in South, and with the status of Province. There are others important cities such as Beira, and Quelimane, in centre, and Nampula in the north of the country. According to the 1997 census, Mozambique has now around 17 million of population, with annual growth rate of 2,3%. The Gross Domestic Product per capita is US$128, and the illiterate rate is 60,5%. In 1975, year of independence, the illiterate rate was 93%. In 1990 the one party Parliament approved a new Constitution introducing the freedom of association, press, expression and the multiparty system. Two years later, in 1992, the General Peace Accord between RENAMO guerrilla movement and the Government, was signed in Rome, Italy, ending 16 years of civil war in Mozambique. The guerrilla movement has transformed into political party. The new Constitution and the General Peace Accord (GPA) established the foundation which allowed the establishment of the institutions responsible for the first multiparty elections management: the National Elections Commission (CNE), working as supervisor and the Technical Secretariat for Electoral Administration (STAE), as a technical and executing body of CNE. These frameworks still the same since 1993, although some changes have been made as a result of the dynamic of the democratisation process. In 1994, members nominated by the Government, RENAMO and the Non armed Opposition composed the CNE. In 1999 the commissioners were nominated by the political parties represented in the Parliament (Frelimo, Renamo and União Democratica - a coalition of three parties) and by the Government. The first presidential and multiparty elections in Mozambique took place in October 1994, and the second elections in December 1999, both won by FRELIMO and Joaquim Chissano. The first local elections took place in 1998, covering in this first phase, only 33 municipalities, representing of the electorate. Mozambique has about 30 registered political parties'. The RENAMO party is the major opposition party. 2

4 2. ELECTORAL ORGANS National Elections Commission The National Elections Commission (CNE) is the institution responsible for the management and supervision of the electoral process. It is independent from all the public powers. This particularity gives the CNE its own autonomy and independence. The composition of the CNE and the nomination of the commissioners reflect the political pluralism in the Parliament. The national CNE consists of 17 members, of whom 15 are appointed by the parties represented in Parliament and 2 by the Government. A President is selected among the members and appointed by the President of the Republic. If no consensus is reached, a shortlist of 4 is submitted to the President of the Republic for decision. At the provincial level the CNE counts 7 members, 1 appointed by the Government and 6 by the political parties represented in the Parliament. At district and municipal level the Government nominates 1 and the parties in Parliament 4 members. The National Elections Commission is only active during the electoral period although it has a 5 years mandate. STAE: Technical Secretariat for Electoral Administration The CNE is technically supported by STAE. The STAE is an institution from the Public Administration. During the electoral period it is integrated by staff indicated by the political parties or coalitions represented in the Parliament. The Technical Secretariat for Electoral Administration is responsible for the organisation and planning of the whole electoral process. It is also responsible for selection and training of the participants in the process, such as civic education agents, registration agents, and the polling staff. The CNE is the supervisor of the STAE activities. ELECTORAL LEGISLATION Antecedents The main antecedent of the Mozambican electoral legislation is the electoral law nº4/93, of 28 December 93 that guided the first multi-party elections in Mozambique. This law was submitted to the monoparty Parliament to be approved, after public consultation. Following the General Peace Accord related to the electoral process and the electoral organs. The law established besides the election of the President of the Republic and the members of Assembly of the Republic (Parliament), also other aspects. This law included an "Electoral Court" with the special responsibility to appreciate, in last instance, all solicitation, and notification, made by the political parties. The 1993 electoral law was approved to conduct the first general elections only. It was a temporary law. This law expired after the publication of the electoral results and the President of therepublic and the members of the Assembly of the Republic had their office. This law comprised a variety of document samples to be used in the process, such as the ballot papers and its size. These facilities allowed the electoral organs to run the first general and multiparty elections in Mozambique. 3

5 The New Electoral Legislation After the 1994 general elections it was necessary to organise the first local elections in Mozambique. This process required the adoption by the new Parliament of the specific legislation to conduct the local elections. This election took place in 1998, in 33 municipalities. Therefore, to run the local elections, in 1998, and the second general elections, in 1999, the Mozambican Parliament approved by consensus the following legislation: The law that institutionalises the systematic electoral registration to carry out the elections and referendums (law nº5/97, 28 May); - The law establishing the legal framework to conduct the local elections (law nº6/97, 28 May); The law establishing the principles to elect the President of the Republic and the members of Assembly of the Republic (law nº3/99, 2 February) and The law that creates the National Elections Commission (law nº4/99, 2 February). 3. ELECTORAL PLANNING AND ORGANISATION Planning the electoral activities The National Elections Commission (CNE) and the Technical Secretariat for Electoral Administration (STAE) are the two organs responsible for electoral activities in Mozambique. The STAE, as executive and technical body, is responsible for planning the activities to be approved by the CNE. Once approved, the CNE submits to the Government and to the Head of the State the proposed dates for electoral registration and elections. According to the law, the CNE supervises the registration and the electoral activities. The STAE executes all the plans and activities related with the registration and the elections. Recruitment, Selection and Training of the Electoral Agents. The training exercise precedes all the electoral activities. The procedures for selection and training of the members of the polling station are defined by the CNE. The recruitment of the members of the polling stations is made through public tenders advertised in the media or through announcement fixed on the electoral organs buildings at district and provincial levels. Normally, applicants are required to be 21 years or older, to have completed at least primary school and to have a good knowledge of Portuguese and the local Language. The selection of the candidates to be national trainers, provincial trainers and to be members of polling stations is made by a jury constituted by the deputy directors of STAE at different levels, provincial, district and town, as well as the personnel from the political parties indicated to integrate the STAE. Training is systematically organised through a cascade methodology, being the only way to cover a high number of people spread all over the country in a very short period of time. Training was thus also highly focused on the specific activities that each was to carry out and on the electoral legislation. 4

6 4. ELECTORAL CIVIC EDUCATION In Mozambique the strategy of civic education is determined by the socio-economic condition of the country, the lack of adequate infrastructures, the illiteracy rate, and the cultural reality, including the oral tradition. Therefore, the STAE adopt as the main strategy for civic education the interpersonal communication, mainly in the rural areas. This strategy is more efficient and can involve people living in their communities, particularly those who have a big influence to others. Through interpersonal communication it is possible to explain in local languages all the press and video materials used for the illiterate people. The civic education campaign has two phases. The first is the pre-campaign and is carried out through the media, broadcasting all the messages to introduce the people about the electoral events. The second phase comprises the involvement of the civic education agents, the use of mobile units (vehicles equipped with radio and video materials), as well as the distribution of the graphic materials and the media campaign. Our strategy includes also the involvement of the civil society (NGOS, Churches, Civic Associations, etc.) to spread the messages. The use of the media became crucial and important, specially the Radio. The national radio station and the community radios cover the whole country. The advantage of this type of communications is that programmes can be broadcast in local languages. We use press and television as complementary means. Gradually, civic education is becoming a permanent activity due its recognised importance to strengthen democracy. The electoral organs are assuming their educator role, trying to involve the rural communities and their respective leaders, the Churches and civic associations in general. Efforts have been made in order to mobilise funds to finance the production of the printed materials and the audio and video programs to be broadcasted in the media. 5. FINANCING THE ELECTORAL PROCESS The STAE is responsible for the planning of all financial, material and human resources. The last three elections (two general elections and the local elections) were financed by the Mozambican State and by the International donors. The cost of the first general elections, held in 1994, was $ 65,000,000 USD, from which 90% was the contribution of the donors. The cost of the 199 elections was around $34,000,000 USD, with 65% of the contribution made by the international donors and 35% from the Mozambican State. The international support enabled the STAE to consolidate the training process, to create infrastructures, to purchase the means and materials for registration and elections and to cover the costs of the civic education and the technical assistance. We believe that the next elections will cost less than the previous sine the country has now the sufficient materials and human resources and will have a computerised voter register. 5

7 Beside the funds from the Mozambican State and from the donors, Mozambique also received indirect support from the civil society and NGOs through their involvement training the militants of political parties and in civic education activities. 6. MONITORING OF THE ELECTORAL PROCESS All the elections held in Mozambique have been observed by the various national and international institutions. Our experience about the observation in Mozambique indicate that it is the best way to give more credibility to the electoral process, once these observers together with the monitors from the political parties can appreciate the whole process, from the registration to elections. However, the main role must be reserved to the monitors from the political parties because they are most interested in the process. During the 1999 election, the political parties and the candidates for President of the Republic were able to send their officials to the polling stations and to the provincial and central counting centres, to see the results through computers specially allocated for them. According to our experience, that we believe is not different from the other countries, the national and international observes should respect a code of conduct and must avoid supporting any candidate or political party.. 6