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SADC ELECTORAL OBSERVATION MISSION TO THE REPUBLIC OF MADAGASCAR

PRELIMINARY REPORT

BY

HONOURABLE NETUMBO NANDI-NDAITWAH (MP) MINISTER OF

FOREIGN AFFAIRS OF THE REPUBLIC OF NAMIBIA AND

HEAD OF THE SADC ELECTORAL OBSERVATION MISSION

TO THE

25 OCTOBER 2013 PRESIDENTIAL ELECTIONS

IN THE REPUBLIC OF MADAGASCAR,

DELIVERED ON 27 OCTOBER 2013

Antananarivo, Madagascar

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1. INTRODUCTION

On the invitation by the National Independent Electoral Commission

for Transition (CENI-T), the Chairperson of the SADC Organ on

Politics, Defence and Security Cooperation, His Excellency

Hifikepunye Pohamba, President of the Republic of Namibia,

constituted the SADC Electoral Observation Mission (SEOM) to

observe the first round of the Presidential Elections held on 25

October 2013, and mandated the SADC Executive Secretary, Dr.

Stergomena Lawrence Tax, to facilitate the deployment of the

Mission.

The deployment of SEOM is in accordance with the SADC Principles

and Guidelines Governing Democratic Elections and in support of the

SADC-led mediation and the consequent Roadmap that was signed

on 15 September 2011 by ten of the eleven political stakeholders to

bring an end to the political crisis in Madagascar.

It will be recalled that SADC, having been seized with the Madagascar

political crisis since 2009, acknowledges the effective leadership and

dedication of His Excellency Joaquim Chissano, former President of

Mozambique, as SADC Mediator in the Madagascar political process.

The Chairperson of the SADC Organ on Politics, Defence and

Security Cooperation appointed Honourable Netumbo Nandi-

Ndaitwah (MP), Minister of Foreign Affairs of the Republic of Namibia,

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to lead the SADC Electoral Observation Mission to Madagascar which

was launched on 14 October 2013.

The Mission wishes to announce its preliminary assessment of its

observation of the electoral process in Madagascar for the

Presidential Elections. In line with the SADC Principles and Guidelines

Governing Democratic Elections, a final report shall be released within

thirty (30) days after the announcement of the election results. 2. THE ROLE OF THE SADC ELECTION OBSERVATION MISSION

(SEOM)

The SEOM is guided by the SADC Principles and Guidelines

Governing Democratic Elections. These guiding principles emanate

from the Organisation of African Unity/African Union (OAU/AU)

Declaration on the Principles Governing Democratic Elections in

Africa as well as the AU Guidelines for African Union Electoral

Observation and Monitoring Missions. Equally, the Electoral Law and

the Constitution of Madagascar served as a point of reference for the

Mission.

Article 4 of the SADC Principles and Guidelines Governing

Democratic Elections, outlines the following pre-conditions for free,

fair and peaceful elections:

(i) Constitutional and legal guarantees of freedoms and rights of

citizens;

(ii) Conducive environment for free, fair and peaceful elections;

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(iii) Non-discrimination in voter registration;

(iv) Existence of an updated and accessible voters’ roll;

(v) Timeous announcement of the election date;

(vi) Where applicable, transparent funding of political parties based

on the agreed threshold in accordance with the laws of the land;

(vii) Neutral location of polling stations ;

(viii) Establishment of the mechanism for assisting the planning and

deployment of electoral observation missions; and,

(ix) Counting of the votes at polling stations.

As part of its preparations for the observation, the SADC Observers

underwent a two-day refresher training session from 11 to 12 October

2013, conducted by the Electoral Institute for Sustainable Democracy

in Africa (EISA). The training, among other things, focused on the

following:

(i) SADC Principles and Guidelines Governing Democratic

Elections;

(ii) The Role of the SADC in Elections within the Region;

(iii) Election Observation Methodology;

(iv) Code of Conduct for Election Observers;

(v) International and Regional Election Observation Benchmarks;

and,

(vi) Understanding the Constitutional and Legal Framework for the

Elections in Madagascar.

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3. CONSULTATION WITH STAKEHOLDERS

In fulfilment of the Mission’s mandate, various stakeholders were

consulted in order to gather information on various aspects of the

electoral process. Interactions with these stakeholders assisted the

Mission to understand the prevailing political environment in the

country. The stakeholders included inter alia;

1. The President of the Government of National Union Transition;

2. The Prime-Minister of Consensus;

3. The Acting Minister of Foreign Affairs;

4. The National Independent Electoral Commission for Transition

(CENI-T);

5. UNDP;

6. The Malagasy Reconciliation Council (FFM);

7. The Monitoring Commission on the Implementation of the

Roadmap (CSC);

8. Civil Society Organisations;

9. The National Committee for the Observation of Elections

(KMF/CNOE);

10. The FFKM (Malagasy Christian Council of Churches);

11. The Diplomatic Corps;

12. The International Contact Group on Madagascar (ICG - M);

13. The AU Observer Mission;

14. The EU Observer Mission;

15. Indian Ocean Commission (IOC);

16. Representatives of the Presidential contesting candidates.

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The SEOM was preceded by three SADC Electoral Advisory Council

(SEAC) Assessment Missions. The Missions took place during the

period between April and September 2013. 4. CONCERNS RAISED BY THE STAKEHOLDERS

The SADC Electoral Observation Mission wishes to highlight issues of

concern raised by some stakeholders. These include, inter alia:

a) The single ballot paper system

b) Voters’ roll

c) Voter education

d) Accessibility of some areas

e) Acceptance of results;

f) Security of the election material

The SEOM pursued some of the concerns raised by conducting

further investigations and at times sought clarification from relevant

stakeholders.

Some of the responses revealed the following:

i) The Single Ballot Paper System

The single ballot paper system used in the Presidential Elections was

in line with the implementation of the Roadmap, and the SADC

Principles and Guidelines Governing the Conduct of Democratic

Elections.

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This was seen by some stakeholders as a major challenge because it

was the first election in which the people of Madagascar used a single

ballot paper.

ii) Voter Education

Some stakeholders expressed serious concern that there had not

been sufficient time for voter education on the new single ballot paper

system.

During the SEOM’s interaction with the CENI-T, it was revealed that

voter education required renewed attention in view of the forthcoming

elections scheduled for 20 December 2013.

iii) Voters’ Roll

Some stakeholders expressed concern that though voter registration

was conducted from house to house, such method of registration was

inadequate.

iv) Accessibility of Some Areas

Some stakeholders, including the CENI-T, expressed their concern

that some areas of Madagascar were inaccessible due to difficult

terrain and logistical challenges. Due to these difficulties CENI-T

requested SADC assistance for the transportation of election

materials by helicopters.

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v) Acceptance of Results

Several stakeholders reported to the SEOM that there were threats

from some candidates that they would not accept the results of the

elections if they did not win. SEOM had also noted that some voters

expressed similar concerns of non-acceptance of the results by some

presidential candidates.

vi) Security of the Election Material

Some stakeholders raised concerns regarding the security of the

election material prior to and post-polling. However, both the CENI-T

and the gendarmerie assured the SEOM and other stakeholders that

security would be provided for the transportation of the election

material throughout the electoral period. 5. PRE-ELECTION PHASE

i) Deployment of SEOM Observers

In accordance with the SADC Principles and Guidelines Governing

Democratic Elections, observers had the responsibility to observe the

first round of the Presidential Elections, and to give comprehensive

and verified accounts of their findings in their areas of deployment in

order for the SEOM to provide an informed assessment.

The SEOM to the Presidential Elections comprised of 242 observers

from 12 SADC Member States. The observers were deployed to 17 of

the 22 regions. This wide coverage demonstrates SADC’s

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commitment in assisting the people of the Republic of Madagascar to

hold credible elections.

In line with Article 3.4 of the SADC Principles and Guidelines

Governing Democratic Elections, the composition of the SEOM

consisted of members drawn from a wide variety of sectors from

SADC countries. The work of the SEOM was coordinated from the

Mission Headquarters based at the Ibis Hotel in Antananarivo. The

Headquarters was staffed with officials from the Troika of the SADC

Organ on Politics, Defence and Security Cooperation, supported by

the SADC Secretariat.

The SEOM was advised by the SEAC on matters pertaining to the

electoral processes in Madagascar.

ii) Security Situation

During the observation period leading up to the elections, the SEOM

noted that an atmosphere of political tolerance, peace and calm

prevailed across the country. The SEOM observed that the

presidential candidates were generally free to carry out their

campaigns without any hindrance.

The SEOM noted the deployment of security personnel during the

election period to ensure security to both the people of Madagascar

and the observers during the electoral period.

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iii) Readiness of CENI-T

SEOM observed that officials from CENI-T, in almost all areas of

deployment, showed a high level of professionalism and cooperation.

Generally, stakeholders expressed the opinion that the national

electoral body was credible and transparent in its operation.

However, the SEOM noted that CENI-T experienced logistical

challenges such as insufficient fuel and vehicles to transport election

materials and non-payment of polling staff allowances. The SEOM

observed that in general, distribution of electoral materials was on

time. 6. POLLING DAY

The SEOM observed polling day activities in line with the provisions

and applications of the Electoral Act of the Republic of Madagascar.

The SEOM observed that most of the polling stations opened at the

prescribed time of 6h00 in the presence of candidate agents, national

and international observers and security officials. The SEOM further

observed that polling officials were on hand to offer special

arrangements for voters with special needs.

When the polling stations opened, the SEOM observed that election

materials were available and the necessary pre-polling procedures

were conducted and adhered to appropriately.

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7. VOTING PROCESS

The CENI-T confirmed that 7.82 million voters were registered for the

first round of the Presidential Election. The SEOM observed that the

voting process generally proceeded peacefully and in accordance with

the provisions of the Electoral Act.

The SEOM further noted that most polling officials displayed

professionalism in the performance of their duties. The SEOM

observed that voting was conducted in a reasonably efficient manner.

The SEOM observed that provisions were made to facilitate voting for

those whose names appeared on the voters’ roll but did not have

voting cards, as long as they were in possession of their national

identity documents.

The SEOM observed that most polling stations closed at 17h00 in line

with the Electoral Act. The SEOM further observed that those who

were still in the queue after 17h00 were allowed to vote according to

the provisions of the Electoral Code. However, it was also observed

that at some polling stations the gates were not closed on time and

that voters came to join the queues after closing time.

The SEOM observed that in general voting took place in a peaceful,

free, and transparent environment and that CENI-T staff conducted

themselves professionally.

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8. COUNTING PROCESS

The SEOM observed that counting began immediately after closing of

the polls at the polling stations and was conducted procedurally and

transparently in line with the Electoral Act.

In the counting centres, the SEOM noted that the agents of the

candidates, international as well as national observers, witnessed and

followed closely the counting of the votes. The SEOM observed that at

some counting stations the public was present as provided for in the

Electoral Act. The SEOM further observed that the presence of the

public in the counting stations during the counting process had the

potential to disrupt such process.

Further, in line with the Electoral Act, the SEOM observed that the

election results were posted outside the polling stations immediately

after counting was concluded. 9. SADC ELECTION OBSERVATION MISSION RECOMMENDATIONS

The SEOM is pleased to share the following recommendations with

the citizens and the electoral stakeholders of the Republic of

Madagascar for the enhancement of the electoral process:

1. Encourage the continuous reconciliation efforts;

2. The creation of fixed registration centres;

3. Continuous voters’ registration and updating of the voters’ roll;

4. CENI-T and other stakeholders to intensify voter education; and,

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5. Identification of the polling stations during elections.

6. Revisit the law granting access of the public to the counting

stations without compromising transparency. 10. BEST DEMOCRATIC PRACTICES AND LESSONS LEARNT

In the course of observing the Elections, the SEOM noted that there

was general adherence to the relevant national legal instruments as

well as the SADC Principles and Guidelines Governing Democratic

Elections.

The following best democratic practices and lessons in the

Presidential Elections were observed:

a) Freedom of association and of expression during the electoral

campaigns;

b) Peaceful political environment throughout the electoral period;

c) Political tolerance was demonstrated during the campaign

period;

d) Reconciliation efforts;

e) Professionalism of CENI-T staff;

f) Professional conduct and facilitation by the security personnel

towards the electoral process;

g) Use of indelible ink to prevent double voting;

h) Use of translucent ballot boxes;

i) Assistance of voters with special needs;

j) Legislative provision that addresses propaganda offences as

provided for in the Electoral Act.

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11. CONCLUSION

The SADC Electoral Observation Mission is pleased to share the

conclusion of its observations of the electoral process with the people

of Madagascar and other stakeholders.

The SEOM noted the technical preparedness of the National

Independent Electoral Commission for Transition in its conduct of the

electoral process.

The SEOM has come to the conclusion that despite some pertinent

concerns raised by some stakeholders, they are not of such

magnitude to affect the overall electoral process. The SEOM,

therefore, concludes that the elections in Madagascar were peaceful,

free, fair and transparent, reflecting the will of the people.

In line with the SADC Principles and Guidelines Governing

Democratic Elections and the Electoral Law of Madagascar, the

SEOM would like to urge all presidential candidates, political leaders

and all stakeholders, to respect the will of the people. In this regard,

any grievances should be pursued in line with the relevant laws of the

country.

Finally, SADC reaffirms its commitment to assist the people of

Madagascar in their efforts to return the country to constitutional

normalcy.

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