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Untitled Document
INTERIM STATEMENT OF THE SADC PARLIAMENTARY FORUM ELECTION OBSERVER MISSION TO THE 2010 MAURITIUS NATIONAL ASSEMBLY ELECTIONS I. INTRODUCTION The SADC Parliamentary Forum (SADC PF) Election Observer Mission to the 2010 Mauritius National Assembly Elections has completed its observation of the electoral process and the polls which were held on Wednesday 5th May, 2010. The 32 member Mission comprising of 18 Members of Parliament and 10 Parliamentary staff from 8 SADC Member States as well as the Secretary General, experts and support staff of the SADC PF Secretariat arrived in Mauritius on Thursday 29th April 2010, at the invitation of the Electoral Commissioner. The National Parliaments represented on the Mission are Angola, Botswana, Namibia, Seychelles, South Africa, Swaziland, Zambia and Zimbabwe. The composition of the Mission took into account representation of women and men Members of Parliament as well as ruling and opposition political parties in the different National Parliaments represented. The Mission is led by Honourable Joa Lourenco, the Deputy Speaker of the National Assembly of Angola, and Honourable Majahodvwa Khumalo, Member of the National Assembly of the Kingdom of Swaziland and the Deputy Leader of the Mission. This Interim Statement is a summation of the Mission’s methodology, findings and assessment arising from observations made by 8 field teams that visited 20 of the 21 Parliamentary Constituencies. The Statement acknowledges the good practices observed in the 2010 Mauritius National Assembly Elections and notes some areas which would benefit from further improvements. It provides recommendations for future elections and gives the Mission’s verdict on the organisation and conduct of the just ended elections. The Statement covers the period since the Mission’s arrival in Mauritius up to and including the casting of votes in the polling stations, the counting of the ballots in the designated counting centres, and the announcements of the results. A more detailed report will be published not more than 60 days from the announcements of the results. The Mission’s Terms of Reference The Terms of Reference for the SADC Parliamentary Forum Election Observation Mission to Mauritius may be summarised as to: 1. Assess the extent to which the elections have been conducted in line with the legal framework and Constitution of Mauritius;
2. Assess the contextual factors including political, economic, social, human rights, gender, etc, of the elections and how these impinge on the integrity, transparency, freedom and fairness of the election; 3. Observe and assess the media reporting and coverage of the election campaigns and the conflict management mechanisms in place at the various levels of the electoral process; 4. Observe and assess the whole electoral process with particular emphasis on the independence and impartiality of the electoral institutions, the guarantee of the secrecy of the vote, and the transparency and legitimacy of the process, 5. Make an honest, independent, impartial and objective assessment of the conditions that existed for Mauritians to express their will in the choice of their representatives; and 6. Draw out the good practices, the areas that could benefit from further improvements and the Mission’s conclusions and recommendations on the 2010 Mauritius National Assembly Elections based on facts. II OBSERVATION METHODOLOGY
The SADC PF Election Observer Mission used the following methods in gathering information: - Analysed the Constitution, the Representation of People Act and other relevant documents provided by stakeholders.
- Held consultations with a wide range of stakeholders and other interested parties including the Electoral Commissioner (EC); the Chairman of the Electoral Supervisory Commission (ESC); representatives of the two major political party alliances, the L’Alliance de L’Aviner and the L’Alliance du Coeur; the Director General and Deputy Director General of the Mauritius Broadcasting Corporation; civil society organisations including Gender Links and the Media Watch Organisation and church leaders. The Mission also had the opportunity to exchange views and information with other regional election observer groups including the SADC Executive Secretariat and the Electoral Commissions’ Forum of SADC countries.
- A one day Orientation Workshop for the Mission members to broaden their understanding of the issues in the current and equip them with election observation skills. The Workshop culminated in a detailed deployment plan for field observations of eight (8) Teams which covered twenty (20) out of the twenty one (21) Parliamentary constituencies in Mauritius. Each Team comprised of not less than two Members of Parliament and at least one Parliamentary Staff member. The Mission had its headquarters at St Georges Hotel in Port Louis.
- Attended political campaign rallies and assessed the media coverage of the political campaigns and the elections;
- Consulted with the police on campaign meetings, the security situation and security arrangements for the elections;
- Consulted the Presiding and Returning Officers on the state of the country’s election preparedness and the voting procedures; and
- Interacted with the voters to obtain their views and determine their attitudes and assessment of the electoral process.
On voting day, the Mission visited a total of …. polling stations in the twenty (20) parliamentary constituencies covered.
III FINDINGS
Based on its systematic observation, the following are the findings and conclusions of the Mission: - The Legal Context
The Mission is satisfied that the 2010 Mauritius National Assembly Elections were conducted in accordance with the relevant provisions of the Constitution of the Republic of Mauritius (1958) as amended, the Representation of People Act (1958) as amended and other related statutory instruments. The Mission holds the view that the constitutional and legal framework in Mauritius augurs well for the conduct of free and fair elections. In this respect, Mauritius thus effectively contributes to the Norms and Standards for Elections in the SADC Regionand is commended for respecting the legal provisions within its own laws. Further, the Mission notes that Mauritius developed a Code of Conduct for the 2010 National Assembly Elections although its practical implementation and compliance are voluntary rather than legally binding. - The Political Environment
The Mission found out that the political environment was generally calm and peaceful as demonstrated by unimpeded political rallies, door to door campaigns, a high degree of tolerance among political party supporters and no reported cases of election related disturbances. This environment was largely conducive to the conduct of elections and met many aspects of the regional principles, norms and standards of democratic elections. In this regard, the Mission noted the very large numbers of candidates per constituency at an average of 25.2 candidates per constituency.
The Mission observed that out of a combined total of 529 Parliamentary candidates, there were only twenty one (21) women candidates. This represents a paltry 2.5% of the candidates who stood for the elections. This is a very low percentage of women candidates given that women constitute 52% of the population of Mauritius. This phenomenon needs to be noted by all political parties with a view to re-examining its root causes and effective resolution within the context of intra-political party organisation, management and required gender sensitive practices in canvassing, promoting and adopting candidates. - Conflict Resolution Mechanisms
The Mission notes that Mauritius does not have formal election related conflict resolution institutions and mechanisms in place. In their absence, the adhoc practice of the Electoral Commissioner’s Office holding consultations and meetings to resolve conflicts between the political parties and other stakeholders on the election processes is commendable.
- The Voters’ Roll
The SADC Parliamentary Forum Mission determined the existence of one Voters’ Roll – the 2009 Voters’ Roll, which is computerised and has been verified by all parties. A single, computerised and verifiable Voters’ Roll which is accepted by all stakeholders significantly strengthens the electoral process in the country.
- Electoral Commissioner’s Office Preparedness
The Mission would like to underscore that election management is a complex process. The logistical and administrative arrangements which need to be put in place in order to ensure a smooth, transparent, free and fair election process are enormous. Despite the enormity of these varied tasks, the Electoral Commissioner’s Office managed to carry them out in an effective and timely manner and in co-operation with all stakeholders. There were no reports of polling stations failing to open on time because of lack of staff or voting materials.
- Gender Representation
 The Mission observed that there was a reduction in the number of female candidates for the 2010 Mauritius National Assembly Elections, when compared to the 2005 Elections. Women were well represented as voters and political activists on the ground but unfortunately, not as candidates in the National Assembly elections. The Mission notes that this situation represents a major challenge to improving the participation of women at decision-making levels in Mauritius. Further, the Mission notes the considerable efforts being exerted by gender based civil society organisations such as Gender Links and the Media Watch Organisation towards increasing representation by women in local and national politics. These efforts need the support of various stakeholders and particularly, political parties. - Youth Participation
The Mission further observed a high level of participation in the electoral process by the youth of Mauritius in both political rallies and voting, which augurs well for the future of the country’s democratic practices. The youths played a significant role as yard agents and also in the voting rooms as political party agents.
- Media Coverage of the Electoral Process
The Mission notes that the major opposition political party alliance lodged a number of verbal and written complaints alleging a biased approach to political campaign coverage by the Mauritius Broadcasting Corporation (MBC). Further, the Mission was availed evidence by the MBC of how, especially, the written complaints were handled by the relevant authorities. In this regard, the Mission is satisfied with the explanations given by the MBC to the authorities and holds the view that the public broadcaster carried out its mandate and role in a consultative, transparent and professional manner and in keeping with the applicable laws, regulations and guidelines. On the other hand, the Mission notes that Mauritius currently does not have a mechanism for dealing with complaints that may involve the print media other than the Courts of law. - Voter Education
The Mission found that voter education is left entirely to the contesting political parties to undertake and this arrangement seems to work well as of now. Recognition of the need for comprehensive and continuous civic and voter education programmes is consistent with the Norms and Standards for Elections in the SADC Region. However, political party voter education programmes need to include awareness creation for women’s participation and representation in positions of power and decision making.
- The Polling Stations and Voting Rooms
The Electoral Commissioner set up 305 polling stations for the elections, headed by Presiding Officers in which over 3,000 voting rooms headed by Polling Officers were established. Most polling stations were located in public places such as schools and community centers as required by the law. For a country the size of Mauritius, the establishment of this large number of polling stations is commendable and the operation of multiple voting rooms made voting much smoother and faster.
- Special Arrangements
The Mission noted the lack of special arrangements at polling stations to facilitate and fast track the voting of the sick, the elderly, pregnant women, women with small babies and the disabled. Arrangements to facilitate voting by the vulnerable and persons with disabilities and special needs are needed. This is increasingly being recognised by other SADC Member States and Mauritius is urged to include these requirements in its electoral system. - The Poll and the Count
The Mission commends the Electoral Commissioner’s Office for implementing a practice whereby election observers and agents of participating political parties and candidates are present at the poll. Polling was orderly and peaceful. The electoral officials actively assisted the voters. The ballot papers were counted at the counting centres in the presence of Presiding Officers, Polling Officers and the political agents. Further, the Mission observed that the presence of the political agents strengthened the transparency of the democratic process. The process of transporting the ballot boxes under police escort to ensure security between the Electoral Commissioner’s Office, the polling stations and the counting centres, the counting and verifying of the results and their announcement was transparent. The whole electoral process was witnessed by the participating political parties and the candidates and their agents. The Mission therefore commends the Electoral Commissioner’s Office for instituting and implementing this transparent and stakeholder inclusive system of the poll and vote verification, counting, tallying and announcements of the results. IV GOOD PRACTICES FROM THE 2010 MAURITIUS NATIONAL ASSEMBLY ELECTIONS
The Mission noted the following as good practices from the 2010 Mauritius National Assembly Elections: 1 .The Legal Context The legal framework as reflected in the relevant provisions in the Constitution and adherence to the Constitutional and Legal Provisions. 2. The Political Environment
The generally calm and peaceful political environment which was largely conducive to the conduct of elections. It met many aspects of the regional principles, norms and standards required for a democratic electoral process. There is political tolerance among supporters of different political parties. This is a strong indicator of the maturity, acceptance and respect of the national electoral system and institutions among the Mauritian electorate. 3. Public Confidence and Trust
The backbone of the success of the Mauritian electoral process is its public confidence and trust in the systems and electoral institutions in place to professionally and fairly manage the electoral process. 4. Conflict Resolution Mechanisms
The adhoc use of the Electoral Commissioner and acceptance of his mediation by all parties involved in political conflict is a good practice. However, this de facto practice needs to be formalised by establishing conflict resolution mechanisms. 5. The Voters’ Roll
The establishment of a computerised and verified Voters’ Roll which is updated annually is a major positive achievement by Mauritius and the relevant electoral institutions. 6. Gender Representation
The high participation of women as political activists and voters and the increased tempo of promotion and provision by civil society organisations of specific support to women candidates regardless of party or non party affiliation are commendable. However, the current level of participation of women as candidates in the National Assembly Elections is too low and needs to be improved upon. 7. Voting Rooms The establishment of multiple voting rooms within a polling station to facilitate faster voting and reduce long queues is a good practice. 8. The Poll and the Count
With regard to the poll and the count, the following are the good practices noted: - A generally high turnout of the electorate and the enthusiasm of the youth to vote.
- Conducting the poll in public institutions, that is, schools.
- The use of transparent boxes for voting to enhance confidence in the electoral process.
- Proxy voting for those who are unable to personally attend for voting.
- The conduct of the whole electoral process in a transparent manner and in the presence of all stakeholders including election agents of participating political parties and candidates; and
- The invitation, welcoming and involvement of local and African Regional organisations and monitors to observe the elections gives psychological support to the nationals.
V. AREAS OF IMPROVEMENT
The Mission noted the following areas as requiring improvement:
1. Voter’s Roll
There is need to expedite the inclusion of newly registered voters in the Voters’ Roll annually in order to facilitate their participation in the national electoral processes.
2. Issuance of National Identity Cards
Despite being a relatively close nation in which community members know each other well, there is need to incorporate a national identity card in the electoral system. This would further consolidate the existing transparent system for voter identification.
3. Voter Education
There is need for the Electoral Commissioner’s Office to be responsible for impartial civic and voter education. This would further consolidate the existing high levels of voter understanding of the electoral system.
4. Media Coverage
While the Mission notes that complaints about media coverage raised by some sections of the election stakeholders have been effectively dealt with, the Mission is of the view that the relevant authorities still need to take measures to address and dispel the perceptions of unfairness that have been expressed. This would further consolidate the existing high levels of confidence in the majority of stakeholders in the media coverage of the electoral process.
5. Arrangements for Special Groups
There is need to introduce arrangements at polling stations that will facilitate the convenient and comfortable voting of special groups such as the elderly, the sick, pregnant women, mothers with babies and the physically challenged.
6. Voting Booths
The proximity of voting booths in the voting rooms should be in such a manner as to enhance the privacy of the voters.
7. Gender Representation
There is need to improve the candidate nomination and adoption procedures within the contesting political parties in order to enhance intra-party democracy and thereby increase the current low number of women candidates in the National Assembly Elections.
8. Code of Conduct
The Mission urges all political stakeholders to consider making the Code of Conduct mandatory and legally binding.
9. Media Coverage of the Electoral Process
There is need to assure enforceable mechanisms for balanced public and private print and electronic media coverage of the political campaigns.
10. General
The SADC Parliamentary Forum Norms and Standards for Elections in the SADC Region need to be domesticated in Mauritius as well as in the other SADC Member States. This would enhance the integrity of National elections.
VI. THE MISSION’S OVERALL ASSESSMENT OF THE MAURITIUS ELECTORAL PROCESS
Based on an assessment of its findings, the SADC Parliamentary Forum Observer Mission to the 2010 Mauritius National Assembly Elections is of the view that the people of Mauritius were given the opportunity to freely and fairly exercise their democratic rights to vote and be voted for, and to select the political representatives of their choice. The Mission declares the 2010 Mauritius National Assembly Elections as having been free and fair.
This should be the hallmark of elections in Africa in order for the peoples’ will to be fully expressed and respected.
VII. ACKNOWLEDGEMENTS
The Mission extends its profound gratitude and appreciation to the Electoral Commissioner’s Office and its staff, the Government and the people of Mauritius for affording the Forum the opportunity and adequate facilitation to observe the 2010 Mauritius National Assembly Elections.
Special thanks also go to the Police Commissioner and members of the Police Force for their assistance; the media and the civil society organisations for their goodwill and willingness to share information with the Mission and to the SADC Secretariat Election Observation Mission as well as the Election Commissions Forum of SADC countries for exchanging views with the Mission. The Mission also thanks Presiding Officers of the participating national parliaments of SADC member States for facilitating the participation of the MPs and officials in the just ended 27th Election Observer Mission of the Forum.
The Secretary General and staff of the Forum, consultants and resource persons deserve special mention for their support to the Mission and diligence in their work.
DONE AND SIGNED AT PORT LOUIS, MAURITIUS, THIS DAY 7TH DAY OF MAY, 2010.
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Interim statement of the SADC PF election observer mission - 2010 Mauritius national assembly elections
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