AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Addis Ababa, ETHIOPIA P. O. Box 3243 Tel +251-11-5517700 Fax. + 251-11-5517844 AFRICAN UNION OBSERVER MISSION TO THE PRESIDENTIAL ELECTION OF 17 JULY 2016 IN THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRINCÍPE PRELIMINARY STATEMENT I. INTRODUCTION 1. According to the relevant provisions of the African Charter on Democracy, Elections and Governance and the Guidelines for African Union Electoral Observations and Monitoring Missions of 2002, the President of the African Union Commission (AUC), H.E. Dr. Nkosazana Dlamini-Zuma, sent an observation mission to the presidential election of 17 July 20 2016 in the Democratic Republic of São Tomé and Princípe. 2. Led by His Excelency, Armando Emílio Guebuza, former President of the Republic of Mozambique, the AUEOM is composed of 26 observers, including parliamentarians of the Pan-African Parliament, members of the election management bodies and members of civil society organisations. These observers represent 18 countries, namely: Benin, Burundi, Cabo Verde, Cameroon, Central African Republic, Chad, Congo-Brazaville, Democratic Republic of Congo, Cote d Ivoire, Gabon, Guinea-Bissau, Mauritius, Mozambique, Rwanda, Senegal, Swaziland, Tunisia, and Uganda.
3. The mission is supported by a team of experts from the AU Commission, the Pan-African Parliament and the Electoral Institute for Sustainable Democracy in Africa (EISA). 4. Present in the Democratic Republic of São Tomé and Princípe since 8 July, the AUEOM will remain in the country until 24 July. 5. Through this statement, the AUEOM presents its preliminary findings and recommendations based on its analysis of the legal and regulatory framework, their consultations with electoral stakeholders, and the observation of voting and counting of votes. The mission will subsequently publish a final report containing a detailed review of the conduct of the electoral process in the Democratic Republic of São Tomé and Principe. II. OBJECTIVES AND METHODOLOGY OF THE MISSION 6. The AUEOM aims to assess the consistency of the 17 July 2016 election in the Democratic Republic of São Tomé and Principe with the relevant provisions of the African Charter on Democracy, Elections and Governance, the Declaration of the OAU / AU Declaration on the principles governing democratic elections in Africa, the Guidelines for African Union Electoral Observations and Monitoring Missions, the African Peer Review Mechanism, and the national legal framework for presidential elections in the Democratic Republic of São Tomé and Principe. 7. During their stay in Democratic Republic of São Tomé and Principe, the AUEOM met with several stakeholders, including the Head of State and other presidential candidates, the National Electoral Commission, the Chief Justice, the Prime Minister and other members of Government, the Commander-General of the National Police and civil society organisations. 2
8. The AU observers were also trained on the legal framework and the political context in the Democratic Republic of São Tomé and Principe, as well as on the AU observation methodology and instruments. Observer teams were deployed to all six districts on the island of São Tomé, as well as the autonomous region of Principe, where they observed the final campaign events, the voting and the counting. III. PRELIMINARY FINDINGS A. Legal Framework 9. The Constitution of the Democratic Republic of São Tomé and Principe enshrines all the fundamental freedoms and civil rights: The right to vote for all citizens over 18 years; the right to be elected; the principle of universal, free, direct and secret suffrage; and the right not to be discriminated against based on race, origin, sex, religion, socioeconomic situation, and political and ideological views. Furthermore, the Constitution guarantees the right of all citizens to participate fully in public affairs, and equality of rights and duties for all citizens in the territory of São Tomé and Principe and abroad. 10. The Electoral Law largely creates a regulatory framework for the organisation of transparent and inclusive elections. 11. The AUEOM noted with satisfaction the extension of voting rights to São Tomé and Principe citizens in the diaspora, in line with the country s constitutional provisions, and the best practices on the African Continent. 12. The AUEOM also welcomes the legal provisions and mechanisms for early voting by people on duty and outside their usual areas of residence on election day, and notes that this legal provision has yet to be implemented. 3
13. The AUEOM noted that, despite the constitutional provision guaranteeing full participation in public life, the electoral law of São Tomé and Principe does not recognise the right of citizens to observe their own electoral process. The Mission notes and welcomes the steps being taken to ensure the compliance of São Tomé and Principe legislation with the AU instruments governing elections in regard to observation by citizens. 14. The Mission further noted that the national regulation on international observation in São Tomé and Principe does not grant international observers access to the important phase of national aggregation of results, thus limiting the scope of their activities as described in the Guidelines for African Union Electoral Observations and Monitoring Missions. 15. The AUEOM also noted that the national aggregation of results is conducted by members of the same institution that has the responsibility of adjudicating complaints regarding that process. 16. The AUEOM is of the opinion that the legal framework for the election of 17 July 2016 in the Democratic Republic of São Tomé and Principe is generally conducive for the exercise of fundamental rights and freedoms by São Tomé and Principe citizens, and largely complies with relevant international standards in this area, including the African Charter on Human and Peoples' Rights and the African Charter on Democracy, Elections and Governance. B. Election Management 17. The AUEOM noted that the members of the National Elections Commission (CEN) are mostly selected by the National Assembly, which reflects a consensus of the main political forces. According to the findings of the Mission, the CEN is seen by all electoral stakeholders as an independent, qualified and competent body. 4
18. The Mission noted that the CEN is not yet a permanent body, which may limit its institutional memory and continuity of operations. C. Voter Registration and Voters Register 19. The AUEOM notes with satisfaction that voter registration is a continuous process. The Mission was informed that all voters had sufficient time to consult the electoral register and request corrections if necessary. The AUEOM noted that electoral stakeholders trust the integrity of the voter registration process and the voters register. 20. São Tomé and Principe has taken the necessary steps to allow its citizens living abroad to be registered in the electoral roll and vote. The AUEOM welcomes the inclusion of this significant segment of the population in the electoral process. São Tomé and Principe is therefore part of the increasing group of African countries who work for the inclusion and participation of citizens living abroad in the electoral process, despite the financial and logistical cost that this entails. D. Process of Candidatures 21. The Mission noted that two candidates, namely Mr. Gilberto Gil Umbelina and Mr. Estanislau Afonso, had their candidatures rejected by the Supreme Court, and were entitled to due process to have that decision reviewed by the Court. A third candidate, Mr. Tomé Vera Cruz, removed himself from the election after his candidature was approved. 22. The Mission also noted that one of the rejected candidates, Mr. Estanilau Afonso, remained on the ballot paper due to tight election 5
calendar deadlines that do not allow the verification candidatures by the Court to be completed before the ordering of candidates on the ballot and the order to print ballots, which takes place abroad. E. Women's Participation 23. The AUEOM noted that one of the five candidates was a woman, and that all the nine members of the CEN are men. However, women are better represented at the level of district electoral commissions. F. Media 24. The Mission welcomes the legal provisions to ensure the impartial election coverage by the media, but noted the complaints by one of the candidates regarding alleged partiality in coverage by the public media. The Mission welcomes the rapid response by the Media Council to this complaint. The Mission also welcomes the provision of equal and free time for electoral campaign propaganda on radio and TV, which is line with the best practices on the African continent. G. Election Campaign 25. The election campaign was generally peaceful, enthusiastic and festive, and in accordance with the legal provisions. The civil manner in which most supporters of different candidates behaved during the campaign contributed to the atmosphere of calm observed by AUEOM. No incidents of violence were observed by, or reported to the AU observer teams. 26. The AUEOM commends all candidates for having respected the end of campaigning on 15 July. 6
H. Participation of Civil Society 27. The Mission noted that participation of organised civil society in the presidential election in São Tomé and Principe was very limited, as the citizens are not allowed to observe elections, and civil society organisations informed the Mission that they lacked the resources to conduct civic and voter education. I. The Security of the Electoral Process 28. Electoral stakeholders expressed their confidence in the neutrality and professionalism of the security forces. The Mission observed the professionalism with which the National Police of São Tomé and Principe ensured the safety of the distribution of election materials and the election campaign. IV. ELECTION DAY OBSERVATIONS A. General Comments 29. On 17 July, the AU observer teams visited a total of 185 polling stations in all districts of the country, which represents 68% of all polling stations on the national territory of São Tomé and Principe, and noted the following general aspects: The atmosphere around the polling stations was peaceful and calm, and there were no visible campaign activities within 500 meters from the polling stations. However, there was an isolated incident near the Armazém de Cacau Biológico, em Maria Luisa, district of Lembá, caused by unidentified members of the community, who blocked the road, which led the polling station to be closed down. Security personnel were present visibly outside the legally established perimeter. Their behaviour was professional and their presence discreet. AU observers and candidate agents were able to perform their duties without hindrance or interference. 7
The polling station staff was well trained, and generally managed well all procedures. Election materials were available at all observed polling stations in sufficient quantities. Almost all polling stations visited by AU observers were accessible to people with disabilities, and the layout was conducive to an orderly vote. The Mission noted the good participation by women on election day as voters. However, only around 40% of polling staff and less than 40% of candidate agents at the polling stations visited by the Mission were women. The Mission also noted the good turnout of voters, estimated at 65%. B. Opening of Polling Stations 30. Regarding the Opening Procedures, the AU observers noted the following: Opening procedures were strictly followed in all polling stations visited by the AU observers. About 80% of the visited polling stations opened on time. The main reason for the delay in the polling stations that opened after 7am was slow preparations by the polling station staff, and late arrival of materials. Presiding officers ensured that ballot boxes were empty, and then properly sealed before the vote. A defective ballot box in one polling station was replaced before the beginning of voting. C. The Voting Process 31. Regarding the voting process, the AU observers noted the following: Voting procedures were strictly followed at all observed polling stations. The secrecy of the vote was guaranteed at all polling stations observed by the AU. 8
The Mission observed no cases of voters, who were not allowed to vote because they had no identification, and only two voters did not find his name on the voters roll. Priority was given to the disabled, the elderly, pregnant women and those who needed assistance. D. Closing of Polling and Counting of Votes 32. Regarding the closing and counting procedures, the AU observers noted the following: All observed polling stations, except one, closed on time, and the polling staff faithfully followed the counting procedures. In the polling station Junto à Loja Inô-Inô, in the neighbourhood of Angra Toldo, district of Caué, when the AU observer team arrived at 17H35, the polling station had already closed, and the counting was underway. Only 234 of the 305 registered voters in that polling station had voted at the time it closed. E. Tabulation of Results 33. The Mission is cognisant of the fact that the formal process of results tabulation is still taking place at district level, and will be followed by the national tabulation. The Mission has taken note of the provisional results released by the National Electoral Commission, and commends the CEN for the speedy announcement of the provisional results. V. CONCLUSION 34. The AUEOM concludes that the electoral process leading up to the presidential election of 17 July 2016 in the Democratic Republic of São Tomé and Principe so far has taken place generally in accordance with the African Charter on Democracy, Elections and Governance and other instruments governing democratic elections in 9
Africa, as well as the legal framework in force in São Tomé and Principe. 35. The AUEOM congratulates the Election Management Bodies of the Republic of São Tomé ad Principe for the independent, professional and efficient manner in which they have conducted the electoral process so far. 36. The Mission commends the people and political forces of São Tomé ad Principe for their civic and political maturity, which led to a peaceful and orderly process, and congratulates them for their continued commitment to the consolidation of democracy and good governance in the country. 37. The Mission is cognisant of the fact that the formal process of results tabulation is still on going. Therefore, the AUEOM encourages the people and the political actors of the Democratic Republic of São Tomé and Principe to continue to conduct themselves peacefully until the end of the process, and urges all stakeholders to pursue only the provided legal avenues for the resolution of any electoral grievances. VI. RECOMMENDATIONS 38. Based on the findings presented above, the AUEOM makes the following recommendations: To the National Assembly: Include explicit provisions in the Electoral Law allowing national observation in accordance with AU instruments governing democratic elections; Make the CEN a more permanent body; Ensure separation of duties between the bodies in charge tabulating results, and those adjudicating complaints that may arise regarding the tabulation of results; 10
Revise the legal deadlines in the Electoral Law regarding the process of receiving and reviewing presidential candidatures in order to ensure that the ordering of candidates on the ballot paper only takes place after the final approval of candidates by the Court; Adopt legal and other measures to ensure that a significant number of women are represented in the CEN and other election management bodies, in line with the AU Protocol on Women Participation; To the National Elections Commission: Ensure implementation of the legal provisions in the Electoral Law regarding early voting; Ensure that the Observation Regulation provides observers with access to all phases of the process, including the national aggregation and proclamation of results, in line with AU instruments governing democratic elections. São Tomé, 19 July 2016 For the Mission, H. E. Armando Emílio Guebuza Head of Mission 11