SADC PARLIAMENTARY FORUM ELECTION OBSERVER MISSION TO NAMIBIA ELECTIONS 2009

INTERIM MISSION STATEMENT

This preliminary statement report marks the end of the election observation activities of the SADC Parliamentary Forum in respect of the just ended 27-28 November 2009 Presidential and National Assembly Elections in the Republic of Namibia. The statement covers the Mission’s observations, findings and recommendations for the period since the arrival of the Mission on Friday 20th November, 2009, up to and including voting, counting of votes and only part of the completion of election results witnessed in the regions listed below. The Mission is unable to pronounce itself on the final results as the counting is still in progress .For this reason, the observations, findings and recommendations made in this statement should be considered preliminary. A more detailed final report will be compiled and published not later than 90 days from the date of this statement.

I   INTRODUCTION

The SADC Parliamentary Forum

Following the invitation by the Electoral Commission of Namibia (ECN), the SADC Parliamentary Forum constituted an Election Observation Mission to observe the 2009 Presidential and National Assembly Elections in Namibia. The forty member Mission was in the country from 20th November 2009 to 1st December 2009. It was composed of 20 Members of Parliament, 10 Parliamentary staff from the eleven (11) SADC Parliaments, and 10 staff of the Forum Secretariat. The Mission comprised male and female Members of Parliament from both the opposition and ruling parties from Angola, Democratic Republic of Congo (DRC), Lesotho, Malawi, Mauritius, South Africa, Seychelles, Swaziland, Tanzania, Zambia and Zimbabwe. The Leader of the Election Observation Mission was Hon. Andre Pool, a Member of the National Assembly of Seychelles. He launched the Mission on 21st November, 2009 at Windhoek Country Club Resort.

The Deputy Mission Leader was Hon Helene Ndombe Sita (Ms) of the National Assembly of Democratic Republic of Congo. Dr Esau Chiviya, the Secretary General of the SADC Parliamentary Forum, who was attending the 26th Plenary Assembly in Victoria Falls, Zimbabwe, during this time, was always consulted on the issues that needed his attention.

The Namibia Presidential and National Assembly Election 2009 is the 25th in a series of election observations by the Forum, including Namibia (1999), Mozambique (1999), Zimbabwe-Parliamentary (2000), Mauritius (2000), Zambia (2001), Zimbabwe-Presidential (2002), Lesotho (2002), South Africa  Malawi, Botswana, Namibia, Mozambique(2004),Mauritius (2005), Zanzibar(2005), Tanzania 2005, DRC(July,2006),Zambia (2006), and DRC(October,2006), Madagascar (December,2006 ),Lesotho (2007),South Africa, Malawi, Botswana and Mozambique,(2009).\

II. ORIENTATION AND DEPLOYMENT

Prior to deploying ten (10) Teams to the regions, the Forum conducted a two day Orientation Workshop for the MPs and staff in Windhoek from 21-22 November 2009. During this orientation, the Electoral Commission of Namibia, representatives of some of the contesting political parties, a political scientist from the University of Namibia addressed the Mission. Furthermore, the media also made presentations aimed at familiarizing the Mission members with the political environment and various electoral issues surrounding the 2009 Namibian Presidential and National Assembly Elections.

The Mission deployed 10 Teams composed of 2 MPs and one Parliamentary staff each in such a way that they were resident in the eleven (11) regions in order to have a comprehensive coverage of the country. These regions included Khomas, Erongo, Otjozondjupa, Karas, Hardap Omaheke, Oshikoto, Kavango, Caprivi, Oshana, Ohangwena and Omusati.  In addition the Mission Leader, Hon. Andre Pool, visited Khomas region to observe the electoral process in order to familiarize himself with the situation on the ground. The Mission also had consultations with other international observer missions to exchange views and experiences.

In addition, consultations were also made with various stakeholders in Windhoek including some of the political parties such as the Democratic Turnhalle Alliance (DTA), United Democratic Front (UDF), the Republican Party (RP), Rally for Democracy and Progress (RDP), the South West Africa People’s Organization, (SWAPO), South West Africa Union (SWANU), Congress for Democrats (COD) and the Monitor Action Group (MAG) as well as the Namibian Non-Government Organization Federation (NANGOF) and the SADC Council of Non-Governmental Organizations.\

III.  TERMS OF REFERENCE

In undertaking its election observation work, the SADC Parliamentary Forum Election Observation Mission for the 2009 Presidential and National Assembly Elections was guided by following terms of reference which are premised on the Forum’s Norms and Standards for Elections in the SADC Region.

        1.  To assess the extent to which the elections were conducted in line with the constitutional and legal framework provisions of Namibia as well as the Norms and Standards for Elections in the SADC Region.

        2.  To assess the contextual factors (political, economic, social, human rights, etc) of the Namibia Elections 2009 that were likely to impinge upon the integrity, transparency, freeness and fairness, credibility and legitimacy of Namibia 2009 Elections.

        3.  To assess the impartiality, efficiency and effectiveness of the Namibia Election Management Body (ECN) in the management of the relevant aspects pertaining to the organization and conduct of the 2009 Namibia elections.\

        4. To assess the organizational arrangements of the electoral process by examining the following: voter registration, civic and voter education, participation of women and youths, preparation and distribution of voting materials, polling stations, polling arrangements, counting, tabulation and verification of results, announcement of results, computerisation, conflict resolution mechanisms in place, media coverage of election and the campaign process.

        5. To assess special provisions/facilities for prisoners, the disabled, the sick, pregnant women, etc.

        6. To assess good practices and recommend areas where improvements were needed.

        7. On the whole, to make an honest, independent, impartial and objective assessment of the extent to which conditions existed for the people of Namibia to freely express their will in the choice of their political representatives.

IV.  METHODOLOGY

In pursuing the above Terms of Reference, the Teams whilst in the field used the following methods to gather information:-

        (i)   Reviewed Namibia’s Constitution and Electoral Laws,

        (ii)  Read newspapers articles on elections,

        (iii)  Listened to TV programs on elections,

        (iv)  Consulted widely at the regional level with the Electoral Commission of Namibia (ECN), Regional Commissioners, Presiding Officers, Police, Civic Society Organizations, the media, international observers and other stakeholders and

        (iv) Observed some of the rallies organized by the contesting political parties.

V.  GUIDING PRINCIPLES

In carrying out its observation work, the Mission was guided by the following principles:-

        (i)  Impartiality,

        (ii) Neutrality,

        (iii) Comprehensiveness,

        (iv) Transparency,

        (v) Inclusiveness, and

        (vi) Objectivity. 

VI. FINDINGS

        1) The Legal Context

The Mission established that the Constitution of the Republic of Namibia, being the supreme law of the country, makes provision for four elections as follows:-

        (i)  Article 28 for the election of the President,

        (ii) Article 49 for the election of Members of the National Assembly,

        (iii) Article 106 for the election of Regional Councillors, and

        (iv) Article 111 for the election of Local Authority Councilors.

The Constitution restricts the President to two terms of five years each.

The Constitution and the Electoral laws clearly state the functions and duties of the ECN as follows:-

        i) To direct, supervise and control in a fair and impartial manner any elections in Namibia,

        ii) Supervise and control the registration of voters,

        iii) Supervise the preparation, publication and maintenance of National and Local Authority voters’ register,

        iv) Supervise and control the registration of political parties, and

        v) Direct and control the conduct of elections.

In its findings, the Mission noted that the ECN satisfactorily performed these functions as evidenced by the registration of voters, updating and gazetting of the voters’ register albeit the challenges indicated in this statement.

        2.  The Political Environment

The Mission found out that the political environment was generally peaceful as demonstrated by unimpeded political rallies, campaigns, high degree of tolerance among party supporters. Very few cases of election related violence were reported in the run up to the elections.

        3.  Voter Registration

The Mission observed that Electoral Act of Namibia makes provisions for the three types of voter registration:

        (i) General Voter Registration

This has to take place at intervals of not more than 10 years. The last general voter registration was conducted in 2003.

         (ii) Supplementary Voter Registration

This takes place during a limited period before any proclaimed election or by- election. The Electoral Commission of Namibia (ECN) conducted a supplementary voter registration from 17th to 30th September 2009 to register voters for the elections.

        (iii) Continuous Voter Registration

The electoral laws provide for continuous registration of voters.

The Mission observed that the ECN complied with the provisions of the law as evidenced by the supplementary registration, updating and gazetting of the voters’ register.

        4) Voters’ Roll

The Mission noted that a Voters’ Roll was available at the polling centers in both electronic and manual forms. The ECN informed the Mission that it acted within the law by gazetting through a notice, the voters’ roll before polling. Both electronic and manual copies were made available to the political parties, to offer them an opportunity to point out any anomalies, shortcomings and inaccuracies observed.

Generally, the Mission noted that most of the political parties were satisfied with the voters’ roll. However, some parties expressed concerns on the accuracy of the voters’ roll as it was alleged that it contained names of deceased persons, under aged persons and isolated cases of multiple registration. The ECN also conceded that there were some inaccuracies on the voters’ register as a result of human error.

        5) Gender Representation

The Mission observed that political parties in Namibia continue to make positive strides in achieving the objectives of SADC Protocol on Gender and Development. This Protocol calls upon SADC countries to commit themselves to attaining a 50/50% men and women representation in both political and decision making positions. Consequently, most of the political parties included a number of women on the party lists in view of the fact that Namibia employs the proportional representation system for the legislative elections. In addition, most of the contesting political parties interviewed by the Mission claim to have actually adopted the “Zebra System� in listing candidates. The Mission, however, noted that few women candidates were in the top 20 on political party lists.

        6) Media Coverage of the Electoral Process

The Mission found out that coverage of the electoral process by both the private and public broadcaster was adequate. The print media carried out a vigorous coverage of the electoral process in a balanced manner. However, there were complaints against the state controlled National Broadcasting Corporation (NBC) that its coverage was mostly tilted towards the ruling party.

The Mission also noted that the ECN played a vital role in providing information to both electronic and print media on various electoral processes.

On the polling day, the media including Namibia Broadcasting Corporation, (NBC) covered the polling in all the regions of the country and covered events as they unfolded.

        7) Voter Education

The Mission found out that the ECN had recruited Civic Education Officers to carry out voter education. In addition, NGO’s were also involved in the acquisition of voter education materials. The political parties also carried out vigorous civic and voter education programs in order to have an informed electorate. The Mission was, therefore, satisfied that there were enough Civic Education programs.

        8) Campaign Rallies

The Mission noted that all the political parties contesting the elections engaged themselves in carrying out intensive campaigns even in those areas which had hitherto been referred to as ‘no go areas’ for other parties except SWAPO. Apart from very few isolated cases of violence, the campaigns were largely peaceful. In case of violence and intimidation, police acted swiftly to contain the situation. In general, the political climate was conducive to holding peaceful rallies.

        9) Polling Centers/Station

The Mission observed that the Electoral Commission of Namibia, in consultation and close liaison with the contesting political parties established 997 fixed stations throughout the country in public institutions such as schools and Community centers. In addition, 2,213 mobile stations were organized to cover prisons, hospitals and various settlements scattered in the country. These polling stations adequately covered the communities. By providing more mobile stations, the ECN offered a democratic right to Namibian communities to vote according to their wishes.

All together the Mission visited a total of 56 constituencies covering 161 polling centers.

        10) The Vote and the Count

The Mission noted that there were no cases of violence and intimidation on the polling days and therefore the voting process was orderly and peaceful.

The polling stations closed as stipulated under the electoral laws. However, it was noted that counting of votes in most polling stations commenced late because of the briefing of political party agents by the Presiding Officers before counting. In addition, counting of the tendered votes took time and consequently this contributed to the delays in validation and collation of the final results.

        11) Conflict Resolution Mechanisms

The Mission noted the existence of Party Liaison Committees at various levels to deal with electoral disputes. In addition, the laws provide for aggrieved parties to refer any electoral disputes to court for redress.

        12) Participation of Women and Youths

The Mission was impressed by the fact that most Presiding officers were women and that women and youth turned out in large numbers to cast their votes.

        13) Provision for people living with Disabilities, Pregnant Women and the Elderly

The Mission noted that physically challenged persons, pregnant women and the elderly were given preference by the Presiding Officers to cast their votes in accordance with the provisions of the law and this was commendable.

        14) Preparedness of the ECN

The Mission would like to underscore the fact that, managing elections is a very complex exercise involving numerous tasks, subtasks, scheduling and monitoring and supervising a lot of activities within a defined period. In that regard, the ECN faced challenges some of which were the retendering of the printing of ballot papers, which was initially awarded to a company associated with one of the contesting parties and delays in results management and announcement.

Notwithstanding these challenges, the ECN seemed to have adequately prepared itself to hold the elections. It printed the ballots in time, carried out civic and voter education programs, and distributed both sensitive and non sensitive materials to the regions and constituencies according to the electoral calendar. It also trained polling staff and engaged stakeholders throughout the process in order to keep them abreast of any developments.

VII   GOOD PRACTICES FROM THE 2009 NAMIBIA ELECTIONS 

The Mission observed the following as good practices from the 2009 Namibia Presidential and National Assembly Elections.

        I. High degree of tolerance which contributed to peaceful and orderly campaigns and generally amicable atmosphere during polling,

        II. A noticeable number of women in the structures of the ECN,

        III. Continuous registration of voters, including outside election periods at decentralized and accessible local (municipal) locations. This practice is highly commendable as it makes registration convenient while enabling the ECN to regularly update and audit the voters’ register to enhance its accuracy, comprehensiveness and timely delivery to electoral stakeholders whenever elections are called,

        IV. Existence of enforceable electoral code of conduct with attendant legal sanctions which was adhered to by all the contesting parties,

        V.   Existence of Party Liaison Committees to resolve electoral disputes arising from elections,

        VI. Use of ICT in the voter registration process and processing of election results;

        VII. Provisions to enable Namibians living abroad and seafarers to vote,

        VIII.The use of transparent and translucent ballot boxes,

        IX. Counting of ballots at each of the polling stations in the presence of party agents and observers, including the signing of polling station result sheets by electoral officials, and party agents and posting of the same at each polling station;

        X.   Generally balanced media coverage of election related events,

        XI. Use of the internet and social networking facilities by political parties to communicate with voters,

        XII. Funding of political parties represented in Parliament, and

        XIII.Visible presence of security forces to maintain law and order in addition to providing escort to parties holding rallies.

9)              RECOMMENDATIONS

The Mission observed the following areas where improvement is needed:-

        (i). There should be provisions in the electoral law which empower the ECN to ensure that all political parties are allocated equal air time by NBC during elections.

        (ii). In future the ECN should ensure polling materials are adequate and in place before the elections.

        (iii). Increase the number of polling stations and streams to reduce long queues and polling days from two to one as the case is in other SADC countries.

        (iv). The ECN should intensify civic and voter education efforts to cover all sections of the society.

        vi) The ECN should improve on counting process so as to ensure timely release of results to avoid unnecessary tension, anxiety and suspicion.

IX)              MISSION’S OVERALL ASSESSMENT OF THE NAMIBIAN ELECTORAL PROCESS

Based on its overall findings, the Mission is of the view that there existed a conducive and peaceful environment in which elections were conducted. The people of Namibia were accorded the opportunity to freely express their will in voting for political parties /candidates of their choice. The Mission, therefore, declares the 2009 Namibian Presidential and National Assembly Elections to have been, on the whole, free, transparent and credible.\

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