SADC PF PRE-ELECTION CONSULTATIVE MISSION TO ZAMBIA  

Virtual Interface between the SADC PF Standing Committee on Democratisation, Governance and Human Rights (DGHR) and Electoral Stakeholders in Zambia on the Domestication of the SADC Model Law on Elections ahead of the 2021 Zambia General Elections

22^nd – 31^st March 2021

CONCEPT NOTE

 INTRODUCTION

Continuous review and adaptation of legal frameworks governing electoral systems and processes, based on experiences and emerging best practices, are necessary in old and new democracies alike. The review and timely reform of legal frameworks relating to elections ensures laws are up to date and are aligned to the various regional and international instruments on elections. However, implementing electoral reforms is not without challenges as this often requires the commitment of and collaboration by various stakeholders including parliaments, election management bodies, political parties, civil society, media, government and the general citizenry.

As a primary advocator for democratic elections in the SADC region, SADC PF has a long history and extensive experience in championing electoral reforms in SADC Member States and has developed normative standards for elections, starting with the pioneering election instrument in SADC and the entire African continent, the Norms and Standards for Elections in the SADC region, adopted in 2001. In 2013 SADC PF also developed a compendium of all election principles in the SADC region which are contained in various election instruments adopted by different organisations titled Benchmarks for Assessing Democratic Elections in Southern Africa. The two instruments above have been extensively applied during the over 50 technical assessment and election observation missions that SADC PF have deployed to Member States over the years.

Since the adoption of the Norms and Standards for Elections in the SADC region, several other election instruments have been developed by various organisations, including SADC and the African Union (AU), which are aimed at strengthening the conduct and management of democratic elections. These include the following:

• SADC Principles and Guidelines for Democratic Elections of 2004 by SADC;
• SADC Protocol on Gender and Development of 2008 by SADC;
• Principles for Election Management, Monitoring, and Observation in the SADC Region (PEMMO) of 2003 by Electoral Commissions Forum of SADC (ECF-SADC) and Electoral Institute for Sustainable Democracy in Africa (EISA);
• African Union Declaration on the Principles Governing Democratic Elections in Africa of 2002; and
• African Charter on Democracy, Elections and Governance of 2007 by the African Union.

As a parliament-centric organisation, SADC PF recognises the importance of elections in the democratisation of SADC Member States and more critically, the role of parliaments in ensuring electoral accountability and electoral integrity during this process. While elections are a cardinal component of any democracy since they confer political legitimacy and integrate social pluralism and political competition, which entrench constructive management of conflict, in and by themselves elections do not equate to democracy. What is of essence to the sustenance of democratic processes is the efficacy of elections, rather than their regularity. The need to ensure electoral accountability and integrity makes parliaments the fulcrum, in particular their law making and oversight roles.

In recognition of the centrality of the legal framework in attaining electoral accountability and integrity and the increasing influence of parliaments in this regard, the SADC PF 44^th Plenary Assembly on 4^th December 2018 adopted the SADC Model Law on Elections in Maputo, Mozambique. The adoption of the SADC Model Law on Elections is yet another milestone by SADC PF in promoting democratic elections in the SADC Region.

The Model Law, which was developed under the auspices of the DGHR Standing Committee jointly with partners such as the SADC Electoral Advisory Council (SEAC), Electoral Commissions Forum of SADC (ECF-SADC) and SADC Lawyers Association (SADCLA), serves to assist Member States in aligning their legal frameworks on elections with regional and international principles and obligations on democratic elections, in particular the revised SADC Principles and Guidelines Governing Democratic Elections.

The revised SADC Principles and Guidelines Governing Democratic Elections, which was revised with the full participation of SADC PF, was adopted by the Ministerial Committee of the SADC Organ on Politics, Defence and Security Cooperation on 20 July 2015, in Pretoria, South Africa. It sets the framework towards a unified and binding election instrument in the SADC Region.

DOMESTICATION OF THE SADC MODEL LAW ON ELECTIONS IN SADC MEMBER STATES

Whereas the development of various election instruments within SADC was a positive step, the majority of them are however, not legally binding and therefore, non-enforceable. This is coupled with the fact that there has generally been a slow pace in the domestication of SADC Protocols by Member States, including those on elections. Accordingly, while regular elections are now largely a common practice across the SADC region, it is important to note that they vary across Member States in terms of in terms of texture and quality as different countries grapple with various challenges that have potential to impede the credibility and integrity of elections.

As a matter of fact, the SADC region continues to face various recurrent and emerging challenges which are not only undermining the integrity of elections but also have enormous implications on the integrity of democracy itself. At the core of the challenge is the inadequate levelling of the electoral landscape. This has been manifesting in inequitable access to public media, partial application of laws related to the policing of public assemblies during elections, lack of transparency and accountability in political financing, abuse of public resources, contested voter registration processes and outcomes, polarised and biased media and contested election outcomes and recently the Covid-19 related lockdowns that hamper political participations and other elections-related rights.

Consequently, citizens confidence in politics in general and elections in particular has been deeply dented as signified by the growing apathy of citizens, especially among the youth. As the stakes become high in elections the proliferation of disinformation and “fake news” phenomenon and “politics by any means” increased. The result is the entrenchment of an electoral process marked by an entrenched culture of violence which disproportionately impact on women and children.

In view of the above, the domestication of the SADC Model Law on Elections at national level, throughout the election cycle, is therefore, vital to strengthen the electoral legal frameworks, systems and practices in Member States and contribute towards electoral accountability and electoral integrity in the SADC region.

This is the context in which SADC PF is deploying the Pre-Election Consultative Meeting on the Domestication of the SADC Model Law on Elections to Zambia ahead of the 2021 General Elections.

PRE-ELECTION CONSULTATIVE MEETING ON THE DOMESTICATION OF THE SADC MODEL LAW ON ELECTIONS TO ZAMBIA

SADC PF Standing Committee on Democratisation, Governance and Human Rights, in collaboration with Austrian Development Agency (ADA) and GIZ Peace, Security and Good Governance in the SADC Region, will convene a Pre-Election Consultative Meeting with Electoral Stakeholders in Zambia from 22^nd to 31^st March 2021. The Consultative Meeting will be held virtually on Zoom platform in view of the Covid-19 travel restrictions.

OBJECTIVES 

• Disseminate the contents of the SADC Model Law on Elections among electoral stakeholders;
• Engage the ECZ and other electoral stakeholders in Zambia and assess progress on the domestication of the SADC Model Law on Elections and identify successes and gaps;
• Prepare for the deployment of an effective SADC PF election observation mission during the 2021 General Elections;
• Share good practices on the domestication of the SADC Model Law on Elections based on regional and international experiences; and
• Adopt recommendations on priority actions to be undertaken by different electoral stakeholders in the pre-election, election and post-election phases of the election cycle enhance electoral accountability and integrity in Zambia and the SADC region.

FORMAT OF THE EVENT 

As already indicated, the Consultative Meetings will be held by the SADC PF DGHR Standing Committee with the various electoral stakeholders in Zambia, including ECZ, political parties, CSOs, media, judiciary and government agencies with roles in the management of elections such as the police based on the programme. The appointments with stakeholders will be organised and facilitated by the National Assembly of Zambia.

Concept Note - Pre-Election Consultative Meeting Zambia 22nd – 31st March 2021