EU Election Expert Mission to Zambia

Framework Contract no.2008/165534 – Lot 7

Final Report
December 2008

The project is funded by the European Union

The project is implemented by European Consultants Organisation

The content of this publication is the sole responsibility of ECO and can in no way be taken to reflect the views of the European Union

Final Report EU EEM ZAMBIA
Presidential By-election 30 October 2008

Lusaka, 15 November 2008

......................... 19 Legal framework .................................................................................................................................................................................................................................................................................................................EU Election Expert Mission Republic of Zambia – Presidential By-election...................................................................................................... 3 I.......... 20 Performance of the Media........................................... ELECTORAL ADMINISTRATION .............................................................................................................................................. 27 ........................... COMPLAINTS AND APPEALS.................. 25 VI....................................................................................................................................................... 10 Administration of the Election...................................................... CAMPAIGN ....................................................... 5 LEGAL FRAMEWORK................................................................................................................................................... 10 Structure and Composition of the Election Administration ................................................................................................. 11 Voter Registration ....... 7 Electoral Offences............................................................................................................................................................................................................................. 19 V........................... II............................................................................................... 8 III.................................... 14 Election Day.. 27 Deployment........................................................................................ INTRODUCTION & ACTIVITIES OF THE EU ELECTION EXPERT MISSION............................................................................................................................................................ 19 Media landscape............ SUPPORT TO DIPLOMATIC WATCHERS................................................... 14 IV....... 18 Vote buying.................................................... 21 Complaints and Conflict Resolution ..... MEDIA..................................................................................................... 26 VII............................................................................................................................................................................................................................. 6 Election disputes ............ 6 Legal set-up.................................................................................................................................................................................................................................................. 18 Violence/ Harassment .................... 30 October 2008 Final Report Page 1 Contents EXECUTIVE SUMMARY ............................ 24 Pressure against journalists ................................................................... 13 Registration of Candidates ........................................................................

.................................... 28 Observation strategy . 38 ANNEXES ....................................EU Election Expert Mission Republic of Zambia – Presidential By-election........................................................................... SUPPORT TO DOMESTIC MONITORS ...................................................................................................................................... 35 Election Administration ...................... 40 Priority......... 36 Media .................................. 58 ....................................................................................................................... 31 VIII............................................................................................................................................ RECOMMENDATIONS..................................................... 41 Domestic Monitoring Groups .......................................................................................................................................................................................................................................................................................... 30 Evaluation .................................................................................................................................... timing and degree of difficulty in implementing proposed actions ..... 35 Legal framework ........................................................................... 28 Reporting system ..................................................... 31 Pre Election support................................................................................................................................................................ 29 Election Day and Election Night ......... 32 Mapping of domestic monitors organization ................................................................................................................. 50 International and regional agreements signed by Zambia..................................................... 30 October 2008 Final Report Page 2 Training................................................................................................................................................................................ 44 Capacity building training modules ......................................................................... 33 The Parallel Vote Tabulation (PVT) project............................................................................................................................................................................................................................................................................................... 30 Debriefing .......... 34 IX............. 31 Post Election Support.................................................................................................................

together with the lack of professional and ethical behavior from the part of the media (state and private). Rupiah Banda was sworn-in immediately after the declaration of the results by the Chief Justice (2 hours later). against 38. specially the right to vote. This decision.000 young people who had reached the age of majority.EU Election Expert Mission Republic of Zambia – Presidential By-election. led to the disenfrachisement of some 500. most of the cases were dealt with to the satisfaction of the involved parties in the Conflict Management Committees (CMC). Michael Sata. compared to the 2006 tripartite elections. as prescribed by the Electoral Act.13% by PF candidate. According to the information gathered by the EU EEM. (2) to support diplomatic watchers and (3) to support domestic monitoring organisations. together with the difficulties to have any type of voter registration implemented in the mandatory 90 days between the passing away of the President and the new election. related to (1) the use of state resources by the governing party (MMD). The MMD candidate. represent the main issues leading to this conclusion. The CMC are composed of representatives of the ECZ. political parties.The main difference to an European Union Election Observation Mission (EU EOM) is that the EU EEM is much smaller in size and duration and assesses the electoral process without releasing a public statement. While Election Day took place in a peaceful atmosphere. on 2 November. (2) vote buying. civil society and governmental institutions. won the election with 40. While not mandatory for the complainant. being dealt with at the CMC meant that the cases did not reach the courts and the Electoral Code of Conduct was not applied for these offences. and no major challenges were presented with regard to polling. The majority of the reports received from the Electoral Commission of Zambia (ECZ) and other local stakeholders concerning complaints prior to Election Day. 30 October 2008 Final Report Page 3 EXECUTIVE SUMMARY • The European Union Election Expert Mission (EU EEM) was established in Zambia on 8 October and finished its tasks on 15 November 2008. and could therefore not register as voters. The disenfranchisement of citizens who reached the age of 18 after the last voter registration exercise in 2005/06. Some positive aspects were the increased transparency of the process and the better logistical implementation. government. Voter participation decreased by 25 percentage points. the opposition challenged the process of counting and tabulation of results. The missions’ mandate was threefold: (1) to assess the electoral process. Despite the requests from the ECZ. political parties. and can therefore hardly be assessed as representing the will of the people. a significant number of voters who had changed their place of residence since the 2006 elections could not re- • • • • . The EU EEM met with local (electoral authorities. (3) defamation and (4) intimidation. In addition. This Presidential by-election did not meet a number of international standards.09% of votes. Rupiah Banda. the Zambian government had not provided sufficient financial resources for continuous voter registration. civil society organizations and media) and international stakeholders to assess the Presidential by-election.

During the electoral campaign and after the election. and to enable polling agents to follow the delivery and transmission of results from polling stations to the tabulation centres. speak. as well as private radios. The reform of the Media Law. no incidents involving physical violence caused by an intentional policy by the state or stakeholders. Being the difference between the elected President and the next candidate some 35. with the purpose of hindering the citizens’ freedom to assemble. the ECZ was not able to significantly improve procedures in this respect.EU Election Expert Mission Republic of Zambia – Presidential By-election. and led to the arrest of a community radio manager. appealed the results to the Supreme Court on 14 November 2008. the outcome of the by-election might have been different if these potential voters would have been registered. neither he nor other opposition political parties and domestic observer groups believe that his appeal will be fruitful. The decisions to post the protocol of the results at the polling stations. although serious violations of Media Freedom (i. the Commission did not develop a sound policy to inform election stakeholders and the general public on time. a platform for concerned citizens and critical voters. Michael Sata (PF). The private media provided live-programmes and listener call-ins. In spite of the problems which occurred during the tabulation and transmission of results during the 2006 elections. Coverage of the elections by the media was perceived as showing a deterioration of journalist´s skills and ethics. Also. which would reduce doubts regarding the correctness of the tabulation of election results. attacks against reporters) had to be noted. though encouraged by the recommendations of the EU EOM 2006 and recently by the UNHRC (May 2008). freedom of expression and the right to publish were generally respected across the country. However. These programmes were banned twice by the Ministry of Information. The Electoral Code of Conduct. due to the alleged lack of independence of the judiciary from the Executive. which provides for fair and balanced coverage and maximum allowed airtime. had a positive impact on the transparency of the results. number of ballots to be printed). apart from a few reports of isolated incidents in Copperbelt Province and Lusaka. falling therefore short on various issues with regard to the transparency of the elections (i. to provide a more liberal legal framework for media workers. movement or other fundamental Human Rights. 30 October 2008 Final Report Page 4 register.e. apart from a minority of community radios. was largely ignored by state-owned broadcaster. were reported.e. and asked for a recount in some constituencies. • • • • • . The main opposition candidate. • The ECZ demonstrated its ability to find compromises over contentious issues. during the post-election period. However. the ECZ did not release the presidential election results with a breakdown of each polling station. after consultation with political parties. However.000 votes. is still not implemented. During the deployment of the EU EEM. and provided only limited information regarding its minutes and decisions through its Public Relations department. compared to the pre-campaign period and the previous elections. the situation in the country was generally calm. as well as the time needed to resolve appeals.

. the EC Delegation and some development partners. with regard to their observation methodology. (2) support the diplomatic watching exercise undertaken by EU Member States.EU Election Expert Mission Republic of Zambia – Presidential By-election. including editing of forms. Due to the interest by Member States and the EC Delegation in Zambia to observe the elections. The basic EU EEM is very limited in number of experts. participation in training sessions and. Domestic monitoring groups were supported by the EU EEM. after Election Day. 69 Polling Stations for counting. including a reasonable regional presence to coordinate and utilize considerable donor funds to deploy large numbers of monitors. the three remaining NGOs experienced difficulties applying a more standardized and reliable observation methodology. the EEM was composed of the Team leader/Legal expert. which also involved the ECZ Training Unit. it was noted that apart from FODEP. observers and duration to properly assess the electoral process as compared to an EU EOM. and 19 District Electoral Offices to observe the transmission of results. Canada and the USA. Training expert and Deputy Training expert. On the other hand. with state media backing the acting president and private media favoring his major opponent. acting president Rupiah Banda (MMD) and Michael Sata (PF). Japan. with training modules on various topics. Norway. 30 October 2008 Final Report Page 5 • Zambia‘s fairly vibrant media landscape became polarized between the two major candidates. which profited from NDI guidance. local observer coordinator and an observation roving team) and diplomatic observers for Election Day. The private media was highly criticized for its unethical behavior. the decision was taken to send a European Union Election Expert Mission (EU EEM) instead. In the case of Zambia. The EU decided that the time-frame was too short to implement an EU EOM for this election. to achieve almost full coverage. The tasks of the EU EEM were threefold: (1) assess the electoral process and report about it to the EU institutions. • • • I. Norway and the USA and (3) support domestic monitoring organisations. An assessment of the main four domestic election monitoring organisations. Japan. were trained during 4 different sessions. Electoral expert. as well as the European Union’s keen interest in the democratic development of Zambia. 89 diplomatic watcher teams were deployed during Election Day. 189 diplomatic watchers from the EU Member States. to 753 Polling Stations for polling. proved their preparedness and institutional capacity. The elections were announced to take place on 30 October 2008. The mission arrived in Zambia on 8 October 2008 and left on 15 November 2008. Media. in order to increase their capacity for the next elections. INTRODUCTION & ACTIVITIES OF THE EU ELECTION EXPERT MISSION The Zambian authorities approached the European Union (EU) to request that a European Union Election Observation Mission (EU EOM) be sent to Zambia to observe the Presidential byelection. It also does not make any public statements. 35 constituency Collation Centres for tabulation of results. such as Canada.It benefited from the contribution of seconded experts from Member States and Norway (Human Rights.

EU Member States. Zambia is party to the following international instruments (which include special provisions on political participation and the conduct of genuine democratic elections): the International Covenant on Civil and Political Rights (ICCPR). the Electoral Code of Conduct Regulations (2006). the Electoral Act (2006). the International Convention on the Elimination of Racial Discrimination (ICERD). A considerable amount of time was spent in setting-up the mission and on administrative matters. accompanying results from PS to Collation Centre by party agent and posting of results at Collation Centre . Regarding the adherence to international standards. the Electoral Commission Act (1996). composed the framework for the 2008 presidential by–election. After the 2001 elections. as well as administrative instructions and election manuals issued by the Electoral Commission of Zambia (ECZ). public funding of political parties. President Mwanawasa appointed an Electoral Reform Technical Committee (ERTC) in 2003. 11 of 2008) that detainees are not entitled to vote. as well as with the EC Delegation. Zambia is also a member of the African Union (AU) and the Southern African Development Community (SADC) and is committed to AU and SADC principles for conducting democratic elections. 30 October 2008 Final Report Page 6 During its stay. the Electoral Commission of Zambia. the case was brought to the International Court for Human Rights where the plaintiff won the case and was elected. II. regulations and instructions.EU Election Expert Mission Republic of Zambia – Presidential By-election. political parties. Generally. international partners and international observer delegations. it can be stated that the legal framework for the 2008 presidential by-election was largely similar to the one applied during the 2006 tripartite elections. including reforms to the electoral system. In a similar case when one detainee was denied to stand for Parliament. It must however be stated that none of the above instruments have been translated into national laws and can therefore not be invoked to appeal governmental and institutional decisions at the local court level. the situation of detainees is clearly in breach with international conventions that Zambia is a party to. the amendment to the Electoral Regulations (27/10/2008)1. civil society organizations and other local stakeholders. On this issue. the mission met with governmental officials. to review the legal and electoral framework and propose electoral reforms. the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). These were: the Constitution of Zambia (1996). Very few of the proposals from the ERTC were incorporated in the Electoral 1 Refers to posting of results at Polling Stations (PS). gender equality and the creation of tribunals to resolve election disputes. The ERTC presented its report in July 2005 and made numerous recommendations on a range of issues. LEGAL FRAMEWORK Legal set-up A large number of laws. A Constitutional Review Commission (CRC) was also established to address possible improvements to the political system. and the Convention on the Political Rights of Women (CPRW). the Supreme Court ruled (SCZ No.

EU Election Expert Mission Republic of Zambia – Presidential By-election. Civil society is particularly keen to see the Economic. Regarding the methodology used. representatives from all districts of Zambia and civil society organizations (in total some 530 people). The draft will be reviewed by the NCC. the ECZ relies on the Conflict Management Committees (CMC) as the forum to resolve disputes between the various contestants. they will present it to the NCC plenary for discussion and approval. experts invited to sub-committees). The National Assembly then has to discuss the draft and can act in two different ways: Some amendments can be approved by Parliament in three readings and with a 2/3 majority. rather than simply placing an advert in the newspapers stating the provisions in the Code of Conduct for the media. once the 11 sub-committees have finished their work2. The NCC was established in 2007. The various violations of the Code should have led to stronger actions by the ECZ. In this sense. it somehow derails from bringing offenders to justice and the public is not informed about it as their dealings are confidential. One main issue relates to changes to Chapter 3 of the Constitution. discussing the new proposals. This faces opposition from other stakeholders and has been one of the main reasons for the delay in dealing with the amendment to the Constitution. arguing that the new Parliament elected in the 2006 elections should deal with the key changes. political parties and civil society. the penalties stipulated in the Electoral Act are not applied and further breaches can not be strongly deterred. During discussions with various stakeholders (spokesperson of NCC. In general terms. Election disputes The ECZ has not been proactive in attempting to enforce the regulations included in the Electoral Code of Conduct regarding the media. while others require a referendum. regarding the procedures to be used to adopt the new Constitution. While the CMC provide a good instrument to deal with disputes. especially all amendments touching Chapter 3 of the Constitution. Cultural and Civil Rights enshrined in the new Constitution. plus all amendments where no agreement has been reached at the NCC. but due to different approaches emanating from Government. Since then. which deals with the Bill of Rights. the draft Constitution will be translated into the 7 major local languages for discussions with the citizens. the NCC has been meeting in various sub-committees (11) to discuss the different aspects of the Constitution which need to be amended. Once it is approved. Their work is based on the recommendations of the CRC. The citizens will have 60 days to provide inputs to the draft. It is therefore possible that the amendments will be either approved separately by Parliament and a Referendum. 2 Until now 6 out of 11 finished their task . some of which required a Constitutional Amendment. 30 October 2008 Final Report Page 7 Act of 2006. it can safely be concluded that the amended Constitution will not be approved earlier than 2010. the decision was taken to create a National Constitutional Conference encompassing all members of Parliament. or that all will be included in the Referendum to obtain more popular support to the new Constitution. which would deal with possible amendments. and the final draft will be given to Government to be submitted to the National Assembly. chairperson of Democratic Governance sub-committee. The CRC also presented their recommendations in 2006. but also on the ERTC recommendations and other topics raised by the various members.

30 October 2008 Final Report Page 8 The main activity of the legal department of the ECZ during the election consisted in defending cases presented by “Anti Rigging Zambia” against the ECZ and to prepare one regulation. Any petition filed is extremely likely to be heard after the elected candidate had taken office. The legal provision for a conflict management structure was seen as a welcome development in 2006. NGOs. comprising various election stakeholders and including the ECZ. all of which can face criminal charges. These are seen as being in line with acceptable international standards. The time-frame for the filing and hearing of petitions over election results. or to the Supreme Court about the results only. The President has to be sworn-in within 24 hours of the declaration of the results by the Chief Justice. but concerns were raised about the need for greater clarity over its role. three days prior to Election Day. anyone convicted of an illegal practice is prohibited from voting or standing as a candidate in any elections over the next five years. yet any petitions over the results are filled with the Supreme Court within 14 days of the declaration of the results. Under the Electoral Act of 2006. into an amendment to the regulations. The ECZ decided to transform the instructions given orally to election officials (posting of results at Polling Stations. Appeal procedures The procedures of the Supreme Court in dealing with appeals to the election results are being questioned by local stakeholders for two reasons: (1) The very short delay between the declaration of results and the swearing-in of the elected President (this time. start immediately with collation of results at constituency level). the ECZ is mandated to establish structures at both the national and district levels to resolve election-related disputes. There are two categories of criminal offences: illegal practices and election offences. Illegal practices during the campaign period. These regulations were gazetted on 27 October. treating or disruption of public meetings. it was less than 2 hours. Electoral Offences The Electoral Act and the Code of Conduct detail a comprehensive list of prohibited activities. in order to ensure firm legal standing. A National Conflict Management Committee (NCMC) was set up. In addition. can be punished with a fine of up to Kwacha 4. please refer to the Complaints section below).000 (€720). as well as a stronger operational capacity. This step helped to avoid possible confusion and challenges on Election Day (for complaints. or both.000. the Ministry of Justice and the AntiCorruption Commission. political parties. does not correspond to the time-frame for the swearing-in of the President. Complaints about electoral offences can be presented either to the High Court during the electoral period. by Law it has to be done in less than 24 hours) and . the police.EU Election Expert Mission Republic of Zambia – Presidential By-election. The District Electoral Officers (DEO) and Returning Officers (RO) were trained on the new regulations. Committees have also been established at the district level (72). such as bribery. a maximum of five years’ imprisonment. prior to Election Day.

EU Election Expert Mission Republic of Zambia – Presidential By-election. only one portion of adults will be able to participate in the referendum. 3 i. These ERTC recommendations are included in the current discussions of the National Constitutional Conference. and the Chairperson of the sub-committee of the NCC on Democratic Governance).e. This implies that discussions at the National Assembly will only be held in 2010. electoral system for election of President) and will need to be addressed by referendum. the results of the work of the NCC cannot be expected to be completed before the end of 2009. due to the confusion it can create among stakeholders. Changing the electoral system one year prior to elections is not generally considered as appropriate. who declares the presidential results. the number of adults has to be assessed through a census. 3) Voter registration Special efforts must be made regarding the registration of most eligible voters. the number of votes needed to approve the reform would not be 50%. Some possible difficulties have been identified in this regard. Challenges ahead It is worth noting that the legal framework regarding the elections will change once the constitutional reforms. and the voters’ register would increase by 30%. in order to vote. which have been discussed since 2003. as constitutional reforms must be approved by the absolute majority of adult citizens. not registered voters. 4 million voters. a person must appear on the voters’ rolls. according to all interlocutors.e. to ascertain that the target figure of 50% +1 adults can be reached. a prior census has to take place. the voters’ register contains approx. 2) Referendum In order for a referendum to be held. together with reforms of Chapter 3 of the Constitution – Fundamental Rights. Since. the Electoral Reform Technical Committee proposed3 in 2005 to (1) have the Chairperson of the ECZ declare the results and (2) establish a specific Electoral Tribunal to deal in a fast manner with appeals. They are as follows: 1) Time-frame According to the various counterparts (spokesperson of the National Constitutional Conference – NCC. take place. To know this number (50% +1). and thus the threshold will be automatically higher than 50% + 14. 30 October 2008 Final Report Page 9 (2) The Chief Justice acts as the Returning Officer. For these reasons. but rather 74% of registered voters 4 Included in the EU EOM 2006 recommendations . touching some aspects which may have not been agreed upon at the NCC (i. currently. If we assume that the number of adults will reach 7 million in 2010. which may have a direct impact on the next elections in 2011.

While many interlocutors believe that there is a need to impose an absolute majority for the presidential elections with a two-round system. thus the ECZ identified the same number of polling stations as during the previous elections. The splitting of polling stations with more than 650 voters into several ‘streams’ became a “good practice”. this issue will also need to go to referendum.000 polling station workers were trained and had to pass a test in order to improve the quality of their performance during Election Day. a former Justice of the Supreme Court. There has been only a small increase in the number of registered voters5.320. many politicians do not seem in favour of this option. If a consensus is not reached. Some 50. In practical terms. As these reforms do not touch Chapter 3 of the Constitution (Fundamental Rights). The current ECZ is chaired by Ms Florence Mumba. III. Director. It is very unlikely that the National Assembly will approve this change with a 2/3’s majority. The Commissioners are main policy makers and they are not in charge of any portfolio or department at the ECZ. who replaced.320 polling streams. The Provincial Electoral Officers in charge of coordination of electoral preparations in each province were appointed by the ECZ. responsible for voter registration and the overall management and preparations of national and local elections. 30 October 2008 Final Report Page 10 While discussing strategies to avoid entrapment by deliberations of the NCC. Polling station staff consists of five staff members: the presiding officer and four counting and polling assistants. the same structure of the electoral administration was used in 2008.000 voters prior to the 2008 elections. conducted and supervised by the Electoral Commission of Zambia (ECZ). who has been in this position since the internationally and domestically criticised 2001 tripartite elections. they were managed by an assistant presiding officer. The other members are: Ms Grace Mulapesi and Mr Joseph Jalasi. This addition lead to an increase in the number of polling station streams from 9. led by Mr Dan Kalale.314 to 9. such as the system to elect the President. The directorate has some 100 permanent staff employed at its HQ in Lusaka. there were 6. The executive arm of the ECZ is its Directorate. were appointed to each of the 150 constituencies. meant to avoid long queues on Election Day. it would seem advisable to advocate for reforms relating to the electoral process to be detached from the overall discussions regarding constitutional reforms. one Returning Officer and Assistant Returning Officers and one IT officer. they can be passed by the National Assembly without the need for a referendum. The ECZ is an autonomous body. In cases where more streams were needed. only few months prior to this election. Justice Irene Mambilima. as during the previous general elections in 2006. One difficulty may be the need to agree on some delicate topics. but it did not affect the number of polling stations 5 . and be treated in a fast-track procedure. the previous Chairwoman. Testing of polling The ECZ added some 3. There are no permanent electoral officers at the provincial or district level. ELECTORAL ADMINISTRATION Structure and Composition of the Election Administration All national and local elections and referenda are to be prepared. and moving the whole set of reforms to the National Assembly and referendum.EU Election Expert Mission Republic of Zambia – Presidential By-election. Town clerks or council secretaries were appointed as District Election Officers in all 72 districts of Zambia. At the constituency level.456 polling stations with 9. In total.

Administration of the Election Despite the short time-frame provided. minutes of the meetings are not published and often. were given only orally. information about the changes in procedures8 with regard to 2006. 6 7 No exact figures have been released by the ECZ The election administration was using the same manuals for this presidential by-election as for the 2006 tripartite elections 8 There were no forms developed regarding the delivery and distribution of duplicate voter’s cards. On the same note. Nevertheless. . Due to the large size of the country. the ECZ proved its capacity to meet all important deadlines and improve technical preparations of the Election Day process. A general lack of information exists regarding the electoral process. the printing of high number of additional ballots and the addition of 3.e.e. differing information were given. the major opposition political parties complained about being informed late regarding some important commission’s decisions (i. which had a positive impact on the timely distribution of election materials. The ECZ has not yet developed a policy on informing the public on time. regarding the various stages of the election process. constituency and polling station levels. which lead to confusion on Polling Day. The ECZ’s has been partly successful to improve this aspect through the holding of regular meetings with political parties and briefings for the representatives of domestic monitors. but did not provide detailed information. important Commission decisions are communicated to stakeholders with delay. the delivery and collection of polling staff and election materials to and from the polling stations. The ECZ introduced and followed the election calendar and decided to deliver all essential materials a day before the polling day. The main area of concern was the absence of clear written instructions from HQ to the electoral officers at the district. procedures for transmission of results). without supporting written instructions. as ECZ meetings are not open to stakeholders. The Electoral Commission of Zambia (ECZ) has informed that the Ministry of Finance and National Planning (with the significant contribution from international donors). The ushers in charge of directing voters and controlling voter’s queues were recruited at polling stations with more than one polling stream. the main challenge the ECZ continued to face was the distribution of materials from Lusaka to the districts and. 30 October 2008 Final Report Page 11 station staff led to a significant number of new polling station members6 and had a positive impact on the performance of the polling station committees. Domestic monitoring groups criticised the ECZ for organising only ad hoc meetings with representatives of civil society organisations and for not providing sufficient information regarding the electoral process. start of tabulation. has fully financed the Presidential Election budget of K231 billion (€44 million). and provided only limited information through its Public Relations department or on its website. packing and delivery of election materials were not simplified by the manuals7 and instructions for returning and presiding officers were revised and rewritten in parts. The complex procedures for counting.EU Election Expert Mission Republic of Zambia – Presidential By-election. Speaking with various senior representatives about the same issue (i.000 voters on the voter’s register).

This possibility is foreseen in the Electoral Act. during a first stage. domestic monitors as well as security personnel assigned to particular polling stations. 9 10 i. The accreditation of polling agents was done at the district level and no significant problems were reported by political parties. The ECZ did not accredit 3.150 ballots to the number of registered voters. 30 October 2008 Final Report Page 12 One of the key controversies between the ECZ and the opposition political parties was caused by the ECZ’s decision to print and distribute a relatively high number of reserve ballots.EU Election Expert Mission Republic of Zambia – Presidential By-election. to vote. which caused a lack of confidence among the opposition parties towards the electoral administration. as the leader of the organisation was charged by the police with spreading false information.300. under their custody. The procedures for accreditation were complex. as was done for the 2006 election. With 360 registered voters. agents and monitors who were on duty in polling stations where they were not registered. the accreditation of domestic monitors was centralised. The ballots for the presidential by-election were printed by Universal Print CO in Durban. it did not become a matter of controversy . with accreditations cards issued at the ECZ HQ in Lusaka. including the number and method of distribution of the extra ballot papers10. as the criminal charge was against a single person and there was no court decision on the matter. The ECZ agreed. to change the method of distribution of extra ballot stacks. the ECZ decided to store the remaining stacks of ballots (365. The accreditation of domestic monitors and international observers was ongoing and often continued beyond the deadline set up by the Commission. On the other hand. for cases of spoiled or damaged ballots. 8 staks of 50 are delivered totalling 400 with an exces of 40 ballots Despite the fact that the same system of distribution was used in the previous elections. Later. The Certificates of Authority would have allowed those officials. The total number of ballots printed was 4.000 activists from “Anti-Rigging” Zambia. Thousands of polling agents and domestic monitors could not vote. and often monitors complained that accreditation cards were not delivered on time or were printed with incorrect data.200) at the Lusaka airport. The ECZ’s decision has not been seen as impartial.523. The same system of distribution of extra ballots. as political parties and domestic monitor organisations were often not able to recruit their activists from polling stations where they were registered. this surplus was criticized as being too high by the opposition parties. The ballots were distributed according to the number of voters per stream.e. Nevertheless. The ECZ did not issue Certificates of Authority for polling agents. they were to be stored in the district electoral offices. Instead of distributing them directly to the Polling Stations. is standard practice in many countries. The ECZ understood that in order for the process to proceed in an orderly manner. Therefore the total number of distributed ballots was already higher that the number of registered voters9. in stacks of 50 ballots. consensus had to be reached with the political stakeholders on all major issues. with an approximate 15% surplus. with a surplus of 579. The “Anti-Rigging” Zambia activists were closely cooperating with the Patriotic Front. despite the ECZ’s explanation for the need for reserve ballots. South Africa.

a significant number of voters13 have changed their place of residence and did not have the possibility to re-register in their current places of residence. as the major political parties were not able to sufficiently control11 the polling. While the Constitution states that there is a period of 90 days in which by-elections have to be held. Despite the fact that at least 500. While they could not agree on this issue and the by-election took place. The decision to post the protocol of the results at the polling stations was appreciated by all stakeholders. as required by the Electoral Act. they could not register as no registration updates have taken place since 2005. According to demographic projections for 2008 provided by the Zambian 11 The two major opposition parties (Patriotic Front and UPND). there was an urgent need to make public all polling stations results and thus avoid any doubts concerning the result’s process.000 voters who could not vote in the 2006 elections despite having registered and being in possession of voter registration cards. Voter education activities were assessed by domestic monitors as having been insufficient. as stated earlier. due to time constraints. However. Civil society criticised the ECZ for not cooperating with them in giving NGOs the opportunity and funds to spread messages about the importance of every person’s right to vote.EU Election Expert Mission Republic of Zambia – Presidential By-election. voter education activities were carried out through the electronic media. 12 The figures provided by the National Statistics Office enables the EU EEM to conclude that the number of young people who reached the age of majority is higher than figures mentioned by Zambian interlocutors and is closer to the number of 660. Since 2006. After the presidential by-election was called.944. the ECZ added some 3. as their data had not been properly entered. counting and tabulation of results. or they were deleted or lost during data processing in the course of the last registration and verification exercise.000 citizens12 reached the age of majority during the last two years. they could have extended the 90-day period provided by the Constitution for the by-election to allow for a voter registration exercise to take place. to allow polling agents to follow the delivery and transmission of results from the polling station to the tabulation centre. Voter Registration Since the 2005 registration. as well as the decision taken only few days prior Election Day.320 polling streams in the country with their polling agents. In addition. 13 According to Zambian interlocutors some 200. Mainly. It has to be stated that these aspects were not seen as a major issue in this by-election by the political parties and no special effort was done to solve them. the possibility to replace lost cards. have declared that they were not able to cover all 9. due to financial constraints. the ECZ has not been carrying out continuous voter registration. compared to previous elections. the ECZ announced that additional voter registration could not be conducted prior to the upcoming elections.000. which did not efficiently reach rural populations.136 voters.000 state employees have changed their place of residence since 2006 . The voter register for the 2008 presidential election comprised 3. the political parties were discussing the possibility to amend the Constitution to avoid the Presidential by-election to take place and find an alternative form to select the President. and to avoid illegal practices such as vote buying and treating. and therefore many of them could not participate in the elections. 30 October 2008 Final Report Page 13 The ECZ increased the level of transparency of the result process.

443 in 2006. some 30% of voter’s cards were not picked up by voters on Election Day . are therefore only indicative. registered voters received a Voter Registration Card.272. significant numbers of voter cards15 were not picked up by voters on Election Day. representing 8% of the total. On a positive note. The exercise was conducted country wide from 21 to 26 September 2008 and resulted in the printing of some 67.604. and possible comparisons with the previous EUEOM 2006 report in Zambia. The inspection and verification period took place between 5 and 18 June 2006. The last voter registration exercise was organized in 2005 prior to the 2006 tripartite elections. due mainly to errors in the distribution of cards. 30 October 2008 Final Report Page 14 Central Statistical Office. The following results.761 registered voters for the 2001 general elections. Following the registration process. as more than 93% of the observed polling stations received a favourable evaluation. that figure only represented 71% of the targeted voter registration figure. According to ECZ estimations. Generally. as the projected total of adult Zambian citizens was 5. All applicants who submitted their nominations were registered as presidential candidates. This means that only approximately 63% of the eligible population14 was registered to vote. Several small opposition parties withdrew from the race and decided to back the candidate of the ruling party Rupiah Banda.700 voters’ cards. These included acting President Rupiah Banda of the ruling Movement for Multiparty Democracy (MMD). Polling Watchers. Voter registration lasted from 31 October 2005 until 31 December 2005 and captured 4. Michael Sata of the Patriotic Front (PF). Election Day The diplomatic watching exercise did not allow for a deployment and coverage similar to a full fledged EUEOM. As of 1 August 2006. which represented a significant increase in the number of registered voters compared to 2. The overall assessment of the opening and polling procedures was rather positive. coordinated by the EU EEM.053 eligible voters. However.517.940. Hakainde Hichilema of the United Party for National Development (UPND) and Brigadier General Godfrey Miyanda of the Heritage Party (HP). Registration of Candidates The period for nominations lasted from 23 to 26 September 2008.015. visited a total of 753 polling stations. Every Zambian citizen that became 18 years old by 31 July 2006 and was in possession of the National Registration Card was eligible to register as a voter for the 2006 tripartite elections. the number of Zambians 18 years and older was 6.639 entries. However.EU Election Expert Mission Republic of Zambia – Presidential By-election. the ECZ had captured 3.140. the ECZ facilitated the replacement of lost voters’ cards in order to enable voters which had lost their voters card to participate in this Presidential by-election. no exact data concerning the duplicate voter’s cards has been released by the ECZ. the opening of polling stations and the distribution of election materials went smoother than in the 14 Voter registration is based on active registration where eligible citizens have to apply for inclusion on the voter register and be in possession of a National Registration Card 15 Until 15 November.

The counting procedures were assessed positively in 82% of the polling stations visited (69). Election Day proceeded well. due to the inability of polling staff to correctly complete all necessary forms. Counting Compared to polling. when in 56% of the polling stations party agents did not receive a copy of the results. Only one complaint about counting procedures was reported by the diplomatic watchers. a new ECZ regulation was introduced stipulating that party agents should be issued copies of the results. It must however be stated that. the principle of transparency was maintained throughout. with election officials demonstrating commitment to their duties. in practically each observed PS. contrary to 2006. In 12% of the polling stations. Polling took place in a calm and orderly environment. The widespread lack of ballot reconciliation before the opening of the ballot boxes. despite some problems encountered with the distribution of duplicate voters’ cards. Domestic monitors from NGOs were present in 84% of visited polling stations. it was conducted in a transparent manner. While diplomatic watchers reported that there was a lack of understanding of procedures on the part of both election officials and domestic monitors/party agents. results were posted at the polling station in 91% of cases. No special programme was put in place to facilitate the voting of the disabled. The elderly and women were particularly affected by this situation. the counting process was assessed less positively. Tabulation and Electronic Transmission of Results On election night. on a more positive note. demonstrating improvements in staff training and in the overall conduct of election officials. although close to 10% of polling stations opened with a delay of more than half an hour. which might indicate some shortcomings in polling staff training. 35 teams of diplomatic watchers followed the process of tabulation of results. the results forms were not completed correctly. noted already in 2006. continued. 30 October 2008 Final Report Page 15 last elections. Any minor numerical errors that may have occurred as a result of the complex procedures and lack of understanding would not jeopardize the integrity of the final results. Nevertheless. marking a very positive step towards further enhancing the credibility of the process. The often large distances to the polling stations created uneven access to voting. Party agents from at least two political parties were present in 97% of polling stations. in 2008 this proportion was reduced to 17%. Voter turn-out was lower than in the past elections. as it was completed only in 56% of the observed polling stations. However. According to civil society interlocutors. particularly in Lusaka. Polling procedures were assessed positively in almost all polling stations visited. adjudication on the validity of the votes was conducted in a reasonable and consistent manner. Similarly. contributing to the transparency of the process. which commenced with the first delivery of polling station results on election night. The . In contrast to 2006. monitors did not obtain Certificates of authority which would have enabled them to vote in a Polling Station different to the one at which they were registered to vote.EU Election Expert Mission Republic of Zambia – Presidential By-election. Official complaints to the Presiding officers were only lodged in 2% of the visited polling stations.

together with the operation staff’s lack of familiarity thereof. several times per day. decisions overruling the validity of the disputed ballots17 are naturally perceived as a politically sensitive issue. after all polling station results had been tabulated. with individual polling stations results. connectivity and a lack of clear procedures. After the announcement of results. leaves much room for improvement. Moreover. and again brings forward the necessity to design detailed written procedures. Returning officers announced the results of the presidential by-election at each constituency. However. this issue did not raise any controversies at the tabulation centers 17 Disputed ballots are either valid or invalid ballots. Announcement of Results The ECZ set-up two venues to deal with the reception and announcement of results. As in previous elections. and another at the Mulungushi Conference Centre. One was at the ECZ HQ. this could only be said for about 40% of OMR forms transmissions. due to a lack of clear instructions. The last two constituency results. where results were announced. Separately from this. the faxing of results went smoothly in most district electoral offices. the results were publicly displayed outside. Functionality of the equipment for the transmission of results. the protocols of the results were sent to the District electoral offices. The dispute relates to the decision of the presiding officer over their validity or invalidity.16 This indicates some shortcomings in the training. In all collation centres visited. The key documents needed for the tabulation of results at the national level were: (1) the Protocol of election results per constituency and (2) the Records of proceedings with tabulated results per constituency. with a breakdown to the polling station level. where they were transmitted to the ECZ Headquarters. were scanned and sent electronically to ECZ HQ. and with a poor organisation of the handover of the election materials. in 25% of the cases. It is our understanding that the crosschecking never took place at the ECZ between the OMR forms and the results protocol by constituency. More than 25% of the visited collation centres were described as poorly organized and. 30 October 2008 Final Report Page 16 problems encountered at the tabulation centres were connected with the incorrect packing of election materials by the presiding officers. most returning officers did not. The ECZ began to announce the partial presidential results on 31 October. The process of tabulation itself was assessed positively only in 66% of the visited collation centres. although diplomatic watchers did not report any discrepancies between results announced at polling stations and the tabulation of results at the constituency tabulation centre. specially designed OpticalMarked Recognition (OMR) forms. only accepted the figures provided by the polling station presiding officer. On the other hand. as in only 33% of the cases. and this decision was disputed by the party agents present . to enable a crosscheck of results announced at each constituency. together with the final presidential results. the equipment was ready for use and. These documents were sent by fax. where the results were received from the districts electoral offices.EU Election Expert Mission Republic of Zambia – Presidential By-election. party agents could not fully observe all the proceedings. The transmission process was assessed less positively by diplomatic watchers due to problems with equipment. the operations staff was reportedly not sufficiently familiar with the equipment. were announced in the afternoon on 2 16 As the number of disputed ballots per constituency was very low. decide on disputed ballots and. in a similar number of collation centres. in most cases.

Brigadier Godfrey Miyanda of the Heritage Party (HP) received 13. as prescribed by the Electoral Act.7%). The decision of the ECZ not to carry-out the continuous registration process. party agents could compare the respective polling station results announced at polling stations to the results tabulated at the constituency centre. representing 0. i. only a fraction of them 18 Presidential results should be announced as soon as possible after Election Day. he was in the lead for two days.09%).79 million voters cast their vote. The MMD candidate Rupiah Banda was sworn in less than 2 hours after the declaration of results. 30 October 2008 Final Report Page 17 November. eliminated an important number of voters which would have probably participated in the election. the results were expected to be announced from 3 November onwards. who was the most successful candidate in the Southern province. Similar to the previous presidential election in 2006. The candidate of the UPND. According to the ECZ’s schedule. A similar crosscheck of polling station results could not be done at the national level . As opposition candidate Michael Sata had more support in the urban areas.EU Election Expert Mission Republic of Zambia – Presidential By-election. Michael Sata (38. Hakainde Hichilema (19.683 votes.94 million registered voters. including announcements by the Head of the Army and the Inspector General of the Police that they were ready to deal with any form of violent protest. i. Michael Sata won the elections in four of nine of Zambia’s provinces but.e. Support for the ruling party candidate Rupiah Banda. journalists and to monitors and observers. 19 According to the ECZ. voter turnout decreased by 25 percentage points. not all protocols with results per polling station were faxed and received prior to the final declaration of the results 20 If present. In comparison to the 2006 tripartite elections.e. received comparatively a very low number of votes. Only copies of protocols with total election results per constituency were distributed19 to party agents. Presidential Election Results The MMD candidate. Rupiah Banda (40. and no results with a breakdown by polling stations were made public by the ECZ20. the first partial announcements of results were mainly based on urban constituencies. In addition.000 more votes than his main opponent.4% of registered voters in Zambia. between 5% and 10% of the decrease can be explained by: (1) voters who changed their residence since 2006 and could therefore not vote and (2) deceased voters. as the Fourth President of the Republic of Zambia. 45. Out of the 3. according to various sources: (1) voter apathy and (2) the tone of the campaign. hard copies of the results were delivered to political party representatives. won the elections by receiving only 35. was more evenly distributed among all provinces. one day earlier than originally planned by the ECZ18.13%) of the Patriotic Front.76% of the national vote. only 1. although he obtained 5% less of national votes than in 2006. The main reason for this decrease is. came third as in the previous presidential election. In addition to the announcement and display of election results on two large screens. However. as the collection of results and election materials from polling stations in remote rural constituencies lasted more than one day. in cases where voters lost their voter cards. in the remaining provinces. The 2008 presidential by-election was marked by a low voter turn-out. Rupiah Banda took the lead only after more than 130 constituency results were tabulated and announced on 2 November.

for a party or candidate.000 votes and that some 700. Information regarding the possibility to request a replacement voter card was not effectively advertised and. television and newspapers by canvassing associations. attacks against PF supporters were reported on a daily basis in the media. PF supporters displaying posters were beaten. the campaign heated up. in Munali constituency. according to the EU EEM roving team. The endorsements are announced in radio.596 (1. According to the ECZ. MMD was facing internal disputes after the heavily contested nomination of Rupiah Banda as their candidate. In one occasion. Freedom of assembly was not constrained by police or other authorities.936 (1.). PF campaign debates were disturbed (Journalist Forum on 17th Oct. Rallies were the main campaign activity for all parties. The two main candidates were on tour around the country. Candidates may get a welcome present to show support or make promises in exchange for endorsements. Locally. which is significantly lower than in the previous elections. which influenced their campaign. fueled by an opinion poll launched by market research company Steadman Group. stating that Michael Sata (PF) would be leading with 46% of support from the electorate.EU Election Expert Mission Republic of Zambia – Presidential By-election. A specific trait of the campaign in Zambia is the traditional endorsement of a candidate. The implementation of the Public Order Act did not raise major concerns among the stakeholders.0% of invalid votes. trade unions.000 people were not able to vote (potential new voters which could not register and voters who change their place of residence and were therefore not able to vote at their new locations). A week ahead of Election Day. not all applicants for a new card were able to collect them on Election Day. The number of invalid votes decreased to 23. Public campaign activities were performed with a low profile and mediadriven. The candidates used Independence Day (24th October) to gain more support and attack each other.75%) recorded in only 110 constituencies21instead of in all 150 constituencies. mobilization was low. This was mainly due to problems the ECZ was experiencing with their production and timely distribution.3%). traditional chiefs and churches. the returning officers mistakenly disregarded the figures when completing the results protocols per constituency . IV. where the total figure of invalid votes was 48. CAMPAIGN The campaign was generally conducted in a peaceful and orderly manner. social groups. Taking into account that the difference between the winner and the second candidate is of 35. Violence/ Harassment In the last two weeks before Election Day. with some isolated incidents taking place as explained below. rather than in the streets. it is possible to envisage that the outcome could have been different if the right to vote would have been granted to all potential voters.200) were able to apply for a duplicate card during the one-week period in September. 30 October 2008 Final Report Page 18 (74. Acting-President Banda used the official ceremonies extensively to promote himself. the MMD 21 The 2006 presidential results of 40 constituencies were published with 0.

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speaker verbally attacked the PF, which was interpreted as a signal to attack reporters from Muvi TV and The Post. In several occasions when rallies of MMD and PF coincided, MMD tried to force PF to leave. MMD cadres in dispute with PF cadres called several times the police to get PF cadres arrested for provocation. According to The Times, UPND members tried to take a copy of the Voters Register from a group of MMD supporters doing door-to-door canvassing on 18 October. The case was reported to the Conflict Management Committee and resolved. Rupiah Banda (MMD) and his party cadres threatened several times certain parts of the population (i.e. provinces) that they would have to bear the consequences if they did not vote for him (...”will be considered as useless”, “we shall say they are dull people”). Michael Sata (PF) touched, during his campaign, a “taboo” topic which could open a “Pandora’s box”. He called on the Western Region to review the “Barotse Agreement”, which declared the former Barotse colony as part of Zambia. This was perceived as a threat to the unity of Zambia because it could lead to the breakaway of the Western Province and other provinces could follow. Sata confirmed his stand in The Times on 25 October. Interlocutors stated that violent clashes were not always reported to the police or journalists, leading the EU EEM to assume that the number of incidents could be higher than reported. Vote buying Vote buying is an ongoing subject amongst NGOs’ interlocutors. Informants claimed the phenomenon to be widespread. The “market price” appeared to be Kwacha 50,000 (€10) for a vote. The techniques described were either to simply exchange voters cards for money, or to invalidate voters cards by making the serial number unreadable. Another method was to simply exchange money for a promise to vote. The practice of handing-out food during rallies continued, which was reported by the media. This habit has, in the present socio-economic environment, an obvious voter-buying effect.



Media landscape After the transformation of Zambia into a multiparty democracy in 1991, private print houses were established and a greater diversity in media outlets appeared. Today, state-owned Zambia National Broadcasting Cooperation (ZNBC) is still dominating the airwaves with The Post being the main oppositional voice in print. Information programmes are disseminated by two TV stations: ZNBC (state-owned) and Muvi TV (private). Muvi TV is supposed to have a 70% share of the TV audience in Lusaka and the area within 100km. According to ZNBC director Joseph Salasini, about 90 % of Zambians have access to television. In the rural areas, only ZNBC can be received.

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Radio is the main source of information, particularly in the countryside. The ZNBC is holding 4 radio stations. Radio 1 is airing in all the 7 main language groups; Radio 2 broadcasts information in English and Radio 4 is an entertainment channel. Private Radio Phoenix is known and appreciated for a higher standard in reporting. Due to live call-ins, Radio Q-FM became the most popular radio in Lusaka. Hot-FM and 5-FM are also used as sources of information in Lusaka and popular for their live-discussions. Sky-FM is a private commercial radio which started as a community radio in Southern Province and is today also covering Eastern province and the Copperbelt. Sky-FM has been provided by the government with a strong transmitter. There are additionally four Christian radios, Radio Yatsani being an important voice. Altogether, 35 private (commercial and community) radios are providing their services. Community radios (including the Christian stations) are obliged to follow a non-partisan policy and not get involved in politics. Some received starting assistance from the donor supported Media Trust Fund or UNESCO. Their news reporting is mainly local. State-owned news agency (ZANIS) and ZBNC provide information and also audio-files by e-mail on national and regional topics. The major print outlets are Times & Daily Mail (state-owned) and The Post (private). According to Steadman Group, the last market analysis was conducted in 2005. All current numbers of outreach, circulation and coverage are estimations. The last comprehensive study on the media landscape in Zambia dates from 2005. ZANA (the Zambian News Agency) merged in 2006 with the Press Department of the Ministry of Information to ZANIS, and thus possesses a monopole with regards to information dissemination. ZANIS has branches in all districts and is providing information from all parts of the country. Community radios with no capacity to cross check information are particularly affected by this monopoly. Due to their small budgets, they cannot afford to subscribe to an international news agency and have to rely on ZANIS. ZANIS is better equipped with video cameras and editing facilities than the ZNBC news department, and is also able to determine news coverage by deciding where to send reporters. Legal framework Media associations have lobbied for years for the implementation of an Independent Media Authority and a Freedom of Information Act. Both have been introduced to Parliament after strong pressure from Civil Society in March/April 2008. Due to differing opinions on the composition of the Board, between Parliament and the media associations, it was withdrawn to be reintroduced later this year. The Zambian Penal Code and State Secrets Act are reportedly being used to silence the media and will be reviewed. Upon the recommendation of the Human Rights Council (Working Group on the niversal Periodic Review, Geneva, 19 May 2008), Zambia agreed to continue the reform of the Penal Code in relation to the prosecution of journalists, and consider taking steps to change the Defamation Act in the Penal Code, in order to broaden the space for exercising the freedom of expression and a swift adoption of the bill on Freedom of Information. Public media are incorporated into the Ministry of Broadcasting and Information. ZNBC (radio and television), the dailies Times and Daily Mail, as well as the news agency ZANIS, are

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departments of this Ministry. ZNBC Act 2002 states an obligation for fair and balanced coverage. Duties, obligations and conflicts in the private media sector are handled by the Media Council, a self-regulative body composed of the media houses. The only exemption is during the election period, where complaints are registered at the ECZ and their Conflict Management Committees (CMC) deal with the issues, instead of the Media Council. The Electoral Code of Conduct 2006 was applied for the by-election 2008, without further amendments. Article 12 and 13 describe in detail the duties and obligations of the media, the allocation of free air time for the candidates, and its quantity. Performance of the Media Zambia’s vibrant media landscape participated actively in the electoral process, through reporting and carrying campaign advertisements, as well as printing/ airing information material provided by the ECZ. Trends in the evaluation of the Steadman group media monitoring project show that, most of the election related articles were campaign reports (about 50 – 70 %) with a minority of reports dealing with the policies of the candidates or the electoral process. Only Hakainde Hichilema (UPND) received more attention and radio/television coverage for criticizing malpractices (in about 50% of the news items he was mentioned in radio/television) than for his campaign. Generally, media attention for his candidacy was very limited. Polarized Media were a major obstacle for the election process. According to interlocutors contacted, journalist’s standards and ethics in reporting deteriorated from the beginning of the campaign, and their performance shows lower levels of quality than in 2006. Most of the interlocutors blame the public presentation of the candidates for it. The editor of the opposition newspaper The Post was reported as pursuing a personal “vendetta” after his favorite candidate did not succeed in the primaries of the MMD party. The Post made a “u-turn” and reported extensively about the candidate of the PF party, who had been previously viciously attacked by its editor. The print media was divided into pro-Banda papers (state-owned Times and Daily Mail) and pro-Sata and contra-Banda dailies (The Post). The Daily Mail was relatively sober in its style, but still unbalanced in favor of Banda. The Post presented Banda in a bad shape by lining up quotations of him and putting them into a degrading context. The editorials were usually aggressive in word and content. President Banda won a court libel case against chief editor Frank M’membe (27 September), trying to restrain The Post from further attacks. State Media was massively in favor of incumbent president. ZNBC TV and radio were powerful tools for disseminating government positions. ZNBC was, outside of Lusaka, the only televised information available. Only recently, the transmitters were enforced by technology provided by China. ZNBC, as part of the Ministry of Information, is clearly bound to produce stories on behalf of the government and the President22. ZNBC TV was covering the activities of Banda in length during the news programmes, documentaries and advertisements. Trends from the monitoring projects (Steadman Group, FODEP and Media Institute of Southern AfricaMISA Zambia) confirmed the observations of the media expert, that Banda always received more air-time on ZNBC (MISA: with 49 out of 85 election related stories in two weeks three times higher than any other candidate, FODEP: During the nomination period, Rupiah Banda

Interview Director General Salasini, 21 October

EU Election Expert Mission Republic of Zambia – Presidential By-election. UPND 8 out of 17.10 minutes of coverage per programme. HP 1 out of 1 23 . the hierarchy of the evening news programme was predominantly in favor of Banda. while the other candidates where more or less not covered at all. Usually stories on candidate and acting President Rupiah Banda were the opener and were accompanied by footage. 30 October 2008 Final Report Page 22 received about 16 minutes (in a 30 minute program) of coverage). who was always referred to as the “acting President” and never as the “candidate”. etc. Throughout the month of September Banda (MMD) received an average of 8. PF 8 out of 18. opposition candidates did not receive most of the times coverage including sounds/images23. In addition. Most of the reports were single –sourced. According to the monitoring results of MISA. Table 1/2: State-owned ZNBC television and ZNBC radio in favor of the acting President Source: Preliminary Results of Steadman Group MISA presentation at media workshop 11 November: MMD 32 out of their 49 stories including sound-bites.

sold airtime to candidates. per medium. per week.EU Election Expert Mission Republic of Zambia – Presidential By-election. with the candidates answering questions from the listeners. .Dictator”). 30 October 2008 Final Report Page 23 Source: Preliminary Results of Steadman Group Political advertisements for the acting-President were far more numerous then for his opponents. ZNBC General Director Salasini stated that these provisions: “do not make sense. Article 13 (1) of the Electoral Code of Conduct stipulates that air-time should be equally allocated to all political parties. These adverts usually exposed the opponent (Sata). but insisted on a live debate following the campaign programme. sometimes violating ethic standards (“Sata–nic files”. it does not correspond to our reality” (Interview on 22 October). interview 28 October). even though they are obliged by their constitutions to abstain from partisan politics. “The one man government . Only some of the community radios resisted the temptation to earn good money by selling air time to different candidates. Lusaka. The Times was allowing far more space for campaign advertisements for Banda (including supplements by MMD which were not sufficiently marked as political campaign material documenting reports in The Post about Sata). and article 13 (2) sets a limitation to bought airtime for 30 minutes. Some broadcasters (Catholic Yatsani Radio.

recalculated by EEM Most of the broadcasters interviewed claimed they were not aware of the 30 minutes clause in the Electoral Code of Conduct. Q-FM. Complaints and Conflict Resolution The ECZ is the body mandated to receive complaints regarding election related incidents regarding the media. and the Conflict Management Committee (CMC) to mediate between the conflicting partners. since the rural voters contributed vastly to gain the majority of votes for Banda. where ZNBC is the sole information provider. This strategy seems to have been efficient. carried out a large number of spots for PF and also a considerable number of special programmes. Similar figures for ZNBC radio indicate that. did not abide by this rule. Interestingly also UNZA. for at least about 50 minutes per week. During nomination time. According to the ECZ. had two police officers/ prosecutors to investigate the cases. It would have been very interesting to observe the monitoring of results for news dissemination of Q-FM and UNZA. according to FODEP. MMDs campaign spots were running. the University Radio. 30 October 2008 Final Report Page 24 Table 3: Campaign spots based on Steadman Group Data Source: Original data captured by Steadman Group. In addition. while the Electoral Code of Conduct limits them to 30 minutes. trained by the Department of Mass Communication.EU Election Expert Mission Republic of Zambia – Presidential By-election. ZNBC. the body worked very well after first . The ECZ legal department received complaints. clearly violated their own principles in respecting the Electoral Code of Conduct. more than the double (average of 72 minutes per week) of the allowed airtime. in October. Interestingly. Overall calculations (based of the original data Steadman Group captured) show that ZNBC aired. the MMD campaign used intensively ZNBC to reach out to the rural population. probably contributing to the popularity of candidate Sata (PF) in Lusaka. compared to ZNBC. having being particularly obligated to ensure balanced programming and fairness according to the 2002 ZNBC Act. but the monitoring groups did not undertake this activity. election advertisements for Banda (MMD) and Sata (PF) in the electronic media were not identified as such. while Heritage Party and UPND informed the audience at the end of each spot of authorship. the most popular radio station in Lusaka.

30 October 2008 Final Report Page 25 experiences in 2001 and 2006. only one incident involving the violation of campaign silence was reported: In the village of Petauke.7). which might incite violence by some members of the general public”. Mike Mulongoti. issued a press statement. the Lusaka High Court granted Rupiah Banda an injunction restraining The Post. after the Lusaka Province Minister said that he would personally ensure the closing down of Muvi TV for being “bought” by PF (The Post 19. On 13 October. In addition. MMD cadres stormed the radio station “Explorer” for allegedly re-airing a programme featuring PF. acting President Rupiah Banda complained to the Media Council and High Court about The Post. the Inspector General of the Police reminded his officers to protect journalists and not hinder or attack them while fulfilling their duties. observed that there was a slight improvement towards more balanced reporting after the complaint. according to the Code of Conduct for journalists. In September. During the post election period. Proprietor Wilson Phiri. On 19 October.” The Minister of Information stated that: “the government is concerned that some people have been making inflammatory statements.10. Also. the Media Council can deal with complaints regarding unethical reporting. asking to restrain themselves from too aggressive reporting. against the ECZ and the Ministry of Broadcasting and Information. as well as the Zambia Center for Interparty Dialogue. On Election Day. Mainly targeted were reporters from The Post. MISA. the journalist association MISA-Zambia complained publicly about it. from publishing libelous words against him. who served as a model to create the Conflict Management Committees. MISA Zambia counted 16 cases of violations of media freedom during the electoral period (September – October). Mulongoti indicated with this press statement. On 27 September. After a couple of attacks while reporting MMD. One main incident occurred on 18 October: Muvi-TV reporters were attacked with stones by MMD.candidate Michael Sata. p. Anti-Rigging Zambia filed a lawsuit. Post reporters and vehicles passing by were attacked.activities in midOctober. The day before the declaration of the final results. The case was heard and dismissed (see Complaints and Appeals part below for more information).supporters at an MMD rally. waiting for somebody to complain. Pressure against journalists While state agents refrained from action against the media or journalists throughout the campaign period. and any of its agents. denied having aired such a programme and complained about harassment. Two cases have been dealt with and transferred to the CMC. complaining against the extended coverage in favour of candidate Banda (MMD) by ZNBC. Due to limited personnel capacity. protesting against the results released. the Information Minister. several physical attacks against journalists had to be noted. they act in a “passive position”. compared to 6 cases from January to August..EU Election Expert Mission Republic of Zambia – Presidential By-election. The result was an apology and a retraction (reply) in the newspaper. the ECZ reported that they had several meetings with newspaper editors. who were widely considered by the majority of national and international stakeholders as prejudiced and going too far. in which “all radio stations” were “advised to desist from allowing live interviews with people wishing to comment on the on-going presidential election results. . who was monitoring ZBNC programming.

(5) Petitions by Anti Rigging Zambia against the ECZ with regard to voter registration. COMPLAINTS AND APPEALS As with other aspects of the electoral process. political parties. In the post-election period.EU Election Expert Mission Republic of Zambia – Presidential By-election. civil society. was arrested for interrogation for allegedly “inciting the public” and transferred to Kitwe police station. ECZ for not prohibiting chiefs to make public declarations supporting candidates . They asked their lawyers to appeal the election results and to request a recount and scrutiny for 78 constituencies within 39 districts in 8 24 25 i.e. Banda. The cases reported to the EU EEM related to (1) Gifts given by the MMD.e. (2) Intimidation by the PF. Anti Rigging Zambia vs. The Electoral Act and Regulations were. proprietor: Bishop of Ndola). The cases presented to the High Court were either sojourned sine die. (3) Defamation by the PF. police and the Anti-Corruption Commission. new physical attacks and threats against Post reporters were launched. the accused parties recognised the accusations and the solution was to decide not to repeat these actions again. If the case was presented to the ECZ. cancelled its live-programme on Monday morning. disregarded by the Director of Elections and the Director of IT of the ECZ. Station manager. while the option to go to court remained open if the plaintiff was not satisfied with the outcome of the CMC deliberations. Anti Rigging Zambia vs. and were composed of members of the ECZ. In the cases dealt with at the CMC. Sky FM. Zambia National Broadcasting Commission (ZNBC). the EU EEM was not able to gather much information concerning complaints and appeals. The Times and The Daily Mail newspapers. On 12 November. or rejected due mainly to lack of evidence. fearing repressions. it would decide either to deal directly with it or refer it to the Conflict Management Committees (CMC). VI. (7) Petitions by Anti Rigging Zambia against the Government. (4) Buying of voters’ card by the MMD. Father Frank Bwalya. 30 October 2008 Final Report Page 26 that radio stations could be prosecuted if they aired critical voices from listeners. according to the PF. (6) Petitions by Anti Rigging Zambia against the Government for the use of resources for the MMD. Conflict Management Committees were established at the national and district levels. ECZ for not opening voter registration i. Complaints related to the election process could be brought to the attention of either the ECZ or the High Court. a private radio station. due to a missing structure on the ground to obtain information about cases and their follow-up by competent authorities. the police tried to stop a post-election live-programme of community radio “Icengelo” (Copperbelt Province. The information assessed was provided by the ECZ and the High and Supreme Courts. the Inspector General of the Police and Mr. The PF informed that they believed the elections were characterized by fraud and manipulations. during phone-in programmes. No additional follow-up took place in these cases.24 or because the case argued was not admitted25. the Commander of the Zambian Army. which were criticized by PAZA (Press Association Zambia) and attributed to MMD cadres.

information was provided on how many teams should ideally be deployed to each province. Western and North Western provinces. While the PF mentioned that they did not believe that their case would be dealt with properly (they argue that the court system favours the ruling party). that they also contest the results. In order to secure a rational deployment for the seven constituencies of Lusaka. contracted through DFID. However. Central and Southern provinces. the duration of the case would last some months. In order to clarify the selection and recognition of itineraries by the diplomatic watcher teams. in conversations with the EU EEM. but they had decided to start working on improving their skills for the 2011 elections. depending on the number of witnesses both parties would present to argue their case. Luapula Province. was distributed to each diplomatic watcher team. in the letters to the embassies’ focal points and during the training sessions. However. which is the main Patriotic Front stronghold. Northern Province. together with maps of the capital provided by the EC Delegation. As a result. 30 October 2008 Final Report Page 27 provinces. Under the supervision of the training team. which would only bring loss of life. were only covered by two and three teams respectively. All these areas should ideally have been reached by internal flights. was in charge of the liaison with the diplomatic observers. regarding the logistical aspects of the deployment. even thought it was important to secure balanced geographical coverage for a meaningful observation exercise. was observed only by two teams.EU Election Expert Mission Republic of Zambia – Presidential By-election. instead of spending efforts and money in the courts now. a precise itinerary. as stressed during the EU Head of Mission meetings. They already approached the courts in 2001 whitout success and believe that it does not make any sense. Indeed. constituency maps. through the UNDP focal point on governance. SUPPORT TO DIPLOMATIC WATCHERS Deployment In order to secure the best observation coverage. the EU EEM requested from the ECZ. Their argument is that. . through designated focal points. more than 100% of registered voters actually voting. The UPND mentioned. was covered by only four teams. they stated that. reaching remote areas was hampered by time availability of the watchers and the long distances and bad road conditions. some diplomatic watcher teams only received the tourist map provided in each ECZ accreditation pack. They stated however that they were willing to provide the PF witnesses to sustain their case. In conversations with the Supreme Court. Two of the main MMD strongholds. the final deployment plan showed a concentration of diplomatic watchers in Lusaka city. according to them. the ECZ provided only a limited number of district maps. where the competition was expected to be fierce among the two main candidates. particularly under the current conditions. they believe vote rigging occurred in some polling stations in these constituencies with. if requested to do so. (many watchers were driving their own cars). the local coordinator. The appeal was presented on 14 November to the Supreme Court. they stated that they wanted to make a point by using the judicial channels instead of street protests. VII.

a high concentration of teams in Lusaka. The majority of the diplomatic watchers were therefore trained on the 27 and 28 October. The rest of the maps and visibility materials were distributed during the two training sessions prior to Election Day. as previously mentioned. The afternoon session took place at the British Club and consisted of a mock exercise of polling procedures. which were respectively attended by 59 and 63 diplomatic watchers. The briefing venue for the afternoon session was the Alliance Française. The two sessions. 30 October 2008 Final Report Page 28 On Election Day.EU Election Expert Mission Republic of Zambia – Presidential By-election. the EU EEM organized a delivery of training manuals and visibility material produced by UNDP. led by the training unit of the Electoral Commission of Zambia scheduled to take place the following week. The first training session took place on 16 October with the participation of 54 trainees. covered the legal and electoral framework. It was impossible to organize training during the week 20 to 27 October as the 24 October was a national holiday and the majority of the diplomatic watchers went on leave. the car stickers were delivered the following day. no one from the ECZ’ IT department was available to explain. as UNDP delivered the T-shirts and caps only 30 minutes before the closing of all embassies. when all participating embassies were already closed for the long week-end. Observation strategy In order to meet the expectations of the diplomatic observers. as well as the observation methodology. This exercise proved to be a difficult task. The morning session. The diplomatic watchers deployment plan was shared with the international observer groups. . The second training session took place on 20 October at the EC Delegation. One handbook for European Union Election Observation and one Compendium of International Standards for Elections was distributed to each participating embassy. hosted by the Canadian High Commission. As the diplomatic watchers deployed to remote areas left Lusaka before the national holiday. 89 teams were deployed in all the provinces with. from opening to the electronic transmission of results. and to contribute significantly to the assessment of the election process. repeated the initial session which took place on the 16 October. the EU EEM decided to produce short and concise observation forms which covered all steps. the electronic transmission of results procedures. Furthermore. Central and Southern provinces. in detail. The thirteen people who attended this session were invited to participate in one of the two mock exercises of polling and counting. counting procedures and an explanation of the aggregation and transmission of results at the collation centres (at the constituency level) delivered by the training unit and by one IT expert from the ECZ. However. on the 23 October. Training The original training schedule which foresaw training to take place in the week prior to election day had to be adjusted to the availability of the diplomatic watchers and their number.

As the totalling and transmission of results proved to be the weakest points in 2006. When the observation of the totalling of votes was completed. Regarding the reporting of the quantitative data. the teams should take shifts in order to secure maximum coverage of the observation of the totalling of the votes at the returning officers premises. and to observe the hand-over and verification of the results for this particular polling station. the EU EEM tried to ensure compliance with the methodology for observation as outlined in the Handbook for European Union Election Observation. As stated in the Terms of Reference of the mission. For the two remaining constituencies not covered by a night shift. the teams had go to the EC Delegation and hand over their observation forms. It was left to the teams to take shifts in order to observe the process fully. the EU EEM suggested that when more than two teams were deployed in the same constituency. Indeed. However. Seven teams were asked to volunteer for night shifts. it was decided that the phoning of the consolidated observation results would take place. and as soon as completed for the teams operating in the capital. The outcome of the observation of tabulation of votes and electronic transmission was to be transmitted. and to check-in at the collation centre and at the District Election office the following day. In order to counter-balance the over representation of Lusaka city. where one of the five night shifts were deployed. catered for both quantitative and qualitative reporting. 30 October 2008 Final Report Page 29 As the EU EEM did not have the capacity to intake three rounds of reporting during election day. and inform through the hotline numbers. and when the teams had checked that the results of their polling station has been tallied properly by the Returning Officer. only once. During the day. the teams were asked to follow the Presiding Officer to the Returning Officer premises. proved to be impossible. were asked to wait at the end of the count that the presiding officer was collected by an ECZ car. the effective possibility to reconcile a joint diplomatic watching exercise of Election Day with the EU EOM methodology. as soon as counting was completed (in each polling station observed). When the intake of the polling station where the count had been observed was completed.EU Election Expert Mission Republic of Zambia – Presidential By-election. One team had to return to the collation centre the following day. Southern and Central provinces. through a hotline. the teams were requested to report. the necessity to introduce a weighting coefficient in the database with the observation results was foreseen. the teams operating in Lusaka. Reporting system The reporting system put in place. together with the completed observation forms. the teams had to go to the EC Delegation and hand over their observation forms. Furthermore. active campaigning and intimidation or tensions observed inside or outside the polling stations. whether diplomatic watcher teams were deployed inside or outside Lusaka. as per the observation forms. reporting requirements varied. the diplomatic watchers were requested to particularly observe these two aspects throughout election night. upon return to Lusaka for teams deployed in the provinces. in order to fully cover the process for the seven constituencies of Lusaka city. of the final results at constituency levels. to follow the ECZ car to the collation centre. on situations of missing essential materials. . observed cases of vote buying.

The operations room set-up in the meeting room of the EC Delegation was fully equipped and provided for excellent working conditions. follow the ECZ car to the collation centre and observe the hand over. the EU EEM found out that a misunderstanding existed as to the extent of their collaboration in the joint watching exercise.EU Election Expert Mission Republic of Zambia – Presidential By-election. only eight phone calls were received through the hotline which pointed out the late delivery of the replacement voter cards in Lusaka city.00 am on October 31st. where preliminary results were made public. Election Day and Election Night During Election Day. The count was observed in 69 polling streams. teams were invited to check in at both locations and to complete the second Tabulation and transmission of results forms provided in the Training manual. At 08. which represented 8% of the total number of streams. Debriefing A general debriefing session was organised on 3 November. who participated in the EU EOM Zambia 2006 as a locally recruited short term observer. polling and counting (including results). In total 43 watchers attended the debriefing.00. On Election Day + 1.00am when calling-in these teams to gather their results in order to be in the position to produce statistics. All teams were supposed to wait at the end of the count that the presiding officer was collected by an ECZ car. the focal points from the various participating embassies were asked to attend. Opening procedures were watched at 64 polling streams. 753 polling streams were observed throughout the day. Prior to the debriefing session. 35 totalling and transmission of results forms were returned to the EU EEM The experts seconded by the Embassy of Finland were present throughout election night as well as on the following days to watch the reception of results at ECZ and at the Mulungushi Conference Centre. Teams were encouraged to stay and observe as much as possible at the collation centre and later at the District Electoral Officers’ office to observe the faxing and the electronic transmission of the results. while all the other diplomatic watchers were warmly invited. had volunteered to help the EU EEM experts to receive the phone calls from the various diplomatic watcher teams. The Second Secretary of the Netherlands Embassy. . As agreed during the EU Head of Mission meeting. the fifteen teams deployed by the US Embassy. 30 October 2008 Final Report Page 30 The diplomatic watcher teams operating outside Lusaka were asked to call in the results of the outcome of the observation of opening. 37 teams were still due to check-in with the operation room. Her efficient support was greatly appreciated. a list of issues to be discussed was sent through the focal points. as well as an evaluation form covering the different aspects of the training provided. verification of the results and totalling at the collation centre.00 to 17. and the fifteen teams reported directly and exclusively to their embassy. At 04. The debriefing was the occasion to present the outcome of the quantitative observation to the diplomatic watchers and to gather further information on some key comments written on the narrative reports. from 14. which took place on the 21 October. among them.

As the reporting system of the ZNWL and SACCORD. the observation of the tabulation of results and electronic transmission of results were their weakest point. Representatives of FODEP were not available for the subsequent meetings as they were concentrating exclusively on the Parallel Vote Tabulation project conducted under the guidance of NDI. that their forms had no common links. yet only a few NGOs had sufficient experience and expertise to conduct effective monitoring and systematically cover a vast majority of polling stations.EU Election Expert Mission Republic of Zambia – Presidential By-election. time pressures did not allow to put this new strategy into practice and the new completed forms had not been processed until they were physically delivered to the respective headquarters and subsequently entered into a database and analysed. SUPPORT TO DOMESTIC MONITORS Pre Election support The 2008 Presidential by-election was monitored by dozens of Civil society organizations. completed these two observation forms. Additionally. it turned out. which had been designed to process their findings based mainly on narrative comments. specific consolidation forms were prepared. ZNWL. closing. Therefore. It was expected that the new reporting strategy would greatly improve the capacity of election monitoring organizations to meet their goal to present their first assessments on Election Night. after analysing the provided documents. the EU EEM focused on cooperating with the remaining three NGOs. Unfortunately. and largely avoided procedural elements of the polling. united in a loose consortium. Moreover. Although the domestic monitors groups claimed to have adopted a common methodology. The EU EEM offered to provide further support. Due to time constraints. VIII. which could be used at various levels (constituency. campaigning or gender issues. SACCORD and AVAP. In order to facilitate swift data retrieval. the need emerged to develop a new system of data retrieval. with a special mention for the quality of the training manual. province or national). The monitors acknowledged that. ZNWL and AVAP heavily relied on narrative descriptions of a few topics focusing mainly on incidents. Domestic monitors of these two NGOs and which were not involved in the PVT sample. methodology and reporting. polling. thus the EU EEM resolved to assist them in preparing observation tools to cover the last parts of the process. the observation forms of SACCORD. The EU EEM was asked to facilitate the design of comprehensive quantitative observation forms covering the opening. These were FODEP. tabulation and electronic transmission of results. The EU EEM met their representatives with a purpose of identifying their training needs and to discuss their observation strategy. The 17 forms received showed that generally the training was generally positively assessed. only the ZNWL and SACCORD managed to distribute and implement the jointly designed forms alongside their own forms. within a common project financed through DFID. a . proved inadequate for a quick transmission of the collected quantitative data. 30 October 2008 Final Report Page 31 Evaluation Less than 10% of the diplomatic watchers filled in the anonymous evaluation form. counting.

However. as well as transmission of results at the district centres. The proposal was welcomed. Analysis of the Legal Framework. 26 Woman for Change. On a more positive note. adding that some refreshment courses before the 2011 elections would be extremely welcome.EU Election Expert Mission Republic of Zambia – Presidential By-election. as well as a CD that contained a compilation of the various manuals and research studies from OSCE. However. in terms of sustainable capacity building of their permanent staff. After a first glance at the content of the training modules proposed the three organisations declared that this was meeting their needs. Each participant received a copy of the EU Election Observation handbook and Compendium of International Principles for Elections. ownership of findings and conclusions. as well as of the observed level of conformity with election procedures at the polling stations. as donors had refused to finance any post-election activities. were invited to participate in some targeted workshops. Money in Politics and Media and Elections. amounting to over 7000 Euros per person for transportation. which will provide a significantly better country-wide overview of Election Day events. IDEA and IFES. Legal Resources Foundation . representatives from both NGOs expressed their appreciation for these new quantitative forms. who had deployed monitors on Election Day. 30 October 2008 Final Report Page 32 large portion of forms prepared for the observation of the tabulation procedures at the constituency level tabulation centres. without voicing any objections or demanding extra issues to be included in the training. improved networking and cross fertilization of knowledge. as the next elections will be in three years time. representatives of other organizations26. a second proposal to offer training sessions for five of their permanent staff was agreed to. Council of Churches of Zambia. Nevertheless. NDI. one nights’ accommodation and food allowances for 36 people from the provinces. were inexplicably distributed to regular monitors (ZNWL) and completed at the polling station level. their demands proved exaggerated. Post Election Support The EU EEM strategy to support post Election Day activities was: first to assess the possibility to facilitate debriefing and lessons-learnt sessions for the nine provincial coordinators of each organization. Representatives from the participating NGOs fully agreed with the proposed workshops and dates. International standards for Elections. enthusiastically. and they have already started their preparations. even after their delayed retrieval and analysis. Particularly. Amnesty International Zambia. The EU EEM proposed to organise a series of workshops in order to build the capacity of permanent middle management staff of the four organisations. Each of the four main organizations were asked to send five of their permanent middle management staff members. Six workshops were organized from 6 to 13 November on the following issues: Lessons learned from the 2008 observation exercise. they expressed some regret that such training sessions had not been organised one or two months before this election. The choice was to avoid lectures and to organise working groups and group discussions in order to secure interactivity. Monitoring of the Election Administration. which created confusion. In addition.

000 Kwachas . and the ZNWL’s budget almost doubled after receiving the grant for election monitoring. past monitoring experience. internal structure. the four NGOs launched the first discussions concerning the coordination of their monitoring activities as early as in mid-August. FODEP has complained that it has become increasingly more difficult to secure funding for their regular activities. these four NGO’s presented their project to DFID. Subsequently. the main issues and activities the four NGOs normally pursue include: good/local governance.EU Election Expert Mission Republic of Zambia – Presidential By-election. All four NGOs are based in the capital. and civic education. Therefore. With the stated number of 8. leadership. Nevertheless. with some 10 paid staff in their HQs. jointly with other donors. i. The total amount of funds provided to each NGO reflected the approximate number of polling streams the NGOs committed themselves to cover. Moreover. they agreed on the same allowance to be paid to their monitors (80.765 monitors who actually observed on Election Day and .20 USD). they have met and coordinated only on an adhoc basis. made available over 6 billion kwacha (around 1. varied between 120. and can boast a quite developed regional presence with volunteers at both the provincial and district levels. Even though these NGOs prepared and presented a common project. which could increase their loyalty and accountability.e. constitution/electoral reform.000 Kwachas (around 30 USD) with SACCORD to 230. 30 October 2008 Final Report Page 33 Mapping of domestic monitors organization A brief mapping of some of the main actors in the field of domestic election monitoring was conducted by the EU EEM. The 2008 presidential by-election created a keen interest among Zambian civil society organizations and dozens of them applied to the ECZ for accreditation to monitor the election process. the 2008 funds of FODEP almost tripled. funding. which eventually. Since Zambian civil society organizations depend almost exclusively on grants from foreign donors. human rights and gender. The overall direct costs paid to monitors did not exceed one third of the total funds received for the election monitoring by each NGO. Yet. Yet. The monitors were not obliged to sign any NGO specific pledge or code of conduct. ZNWL and SACCORD which had cooperated already during the 2006 tripartite elections. FODEP is the direct successor of the first Zambian domestic monitoring association “Zambia Elections Monitoring and Coordinating Committee”. the total payment including transport/subsistence/communication costs. As in 2006. it is not surprising that each organization has issued its own separate statement.6 Million USD).000 Kwachas (60 USD) provided by AVAP. mode and coordination of the deployment of monitors. This money was channelled through FODEP to the remaining three NGOs. For instance. before the demise of the President. after the adoption of the Paris Declaration on Harmonization and Aid Effectiveness in 2005. AVAP. which observed the first multiparty elections in 1991. was the loose consortium of four NGOs: FODEP. Instead. Apart from election monitoring. and the issuance of a common report was only enforced by the main donor (DFID). they did not create a steering committee or board of directors. the most notable. The mapping covered their regular scope of programme activities. and their observation focus and methodology. conflict management and peace building. which provoked a number of deflections and shifts among monitors seeking the best deal. However. the main four domestic monitoring NGOs partitioned the whole country in such a manner that each NGO completely covered whole election wards consisting of various polling stations. which substantially boosted their 2008 budgets.

in collaboration with NDI. the four NGOs might have covered some 85-90% of all polling streams.000 accreditations.e. as they observed in other polling stations other than at which they had been registered. Likewise. after several years of cooperation with NDI. The complicated and lengthy ECZ’s procedures for acquiring accreditations for election monitoring presented serious hurdles for the involved NGOs. their rather vague narrative forms focused mainly on gender issues. process and analyse. before the tendencies could be officially confirmed). However. as they predicted a very close outcome. the methodology employed by the SACCORD. Moreover. A representative sample of 10% of all polling stations was observed by specially trained monitors from all four NGOs within the Parallel Vote Tabulation Project. the representatives of the involved NGOs estimated that due to a lack of will in issuing Certificates of Authority to monitors. violent incidents or campaigning. Other NGOs involved in election monitoring seldom exceeded the number of 100 monitors. it remains unclear why the official ECZ data inflates the actual number of accreditations collected by respective NGOs participating in the election monitoring27. proved to be a success. election results and possible incidents during Election Day. it can be assumed that. However. and would have been suitable rather for a long term observation mission than for monitoring procedural issues on Election Day. Unfortunately. to some degree. the NGO Women for Change officially collected 3. On the other hand. the system for repatriation of the forms suggested by the EU EEM could not be fully implemented due to time constraints and the fact that the retrieval of the results took unnecessarily long. 30 October 2008 Final Report Page 34 reported to their organizations. 70 to 90% of their staff had not been allowed to vote. which has already been implemented in a number of African countries. apart from regular monitoring. the AVAP could not employ these forms and instead used only their own narrative forms which proved difficult to collect. despite some overlapping. FODEP naturally became the leading organization in this project. Instead. The Parallel Vote Tabulation (PVT) project As indicated above. all FODEP monitors used standard observation forms designed for the PVT project. For the same reason. yet in reality they had only 6 monitors . (i.g. particularly due to numerous cases of “ad-hoc” solutions in which District Electoral Officers signed affidavits for monitors whose accreditations could not be distributed on time. all four main groups were. FODEP appealed to politicians and the public for a calm reception of the results. This whole process took them more than two weeks to complete. involved in the DFID funded and NDI supported project of Parallel Vote Tabulation (PVT). but did not impede their successful deployment.EU Election Expert Mission Republic of Zambia – Presidential By-election. Despite the fact that the monitoring exercise included the mobilization and deployment of thousands of monitors on Election Day. since FODEP and their partner organizations managed to collect data from 95% of their randomly selected sample of polling stations. the ZNWL and SACCORD successfully managed to distribute standardized quantitative forms which had been designed together with the EU EEM. However. they urged that the ECZ maintain strict 27 e. ZNWL and AVAP did not allow for the effective assessment of the level of compliance with electoral procedures at the polling stations. At a press conference on 1 November. The PVT project which gathered data on the conduct of polling.

EU Election Expert Mission Republic of Zambia – Presidential By-election. with additions by the EU EEM.involved in the monitoring of the 2008. 2. Conclusion Despite some methodological shortcoming. Controversies Unfortunately. the PVT project generated a great deal of dissatisfaction and divided the participating NGOs. as well as a more functional reporting system. the majority of them are still relevant and are therefore included in the recommendations below. FODEP presented their estimation of the election outcome. could be improved without major delays. with special attention to the recommendations on limiting campaign expenditures and regulating the financing of parties. which very closely matched the official results. without notice. After the official declaration of the results by the ECZ. While all four NGOs took part in the project and supplied their share of monitors. and which do not require amendments to the Electoral Act. complained about other NGOs withdrawing. In this sense. in turn. Zambian civil society organizations demonstrated that they are able to reasonably conduct a large scale election monitoring exercise. without mentioning the partner NGOs. most NGOs were not satisfied that all funds had been channelled through FODEP. as every single vote might be decisive. thus reducing transportation costs. 30 October 2008 Final Report Page 35 transparency. the work of the subcommittees of the National Constitutional Conference (NCC) is of special importance. As no major improvements have taken place since the 2006 elections. Some financial issues related to the PVT remain reportedly unsolved. RECOMMENDATIONS After a review of the recommendations done by the EU EOM 2006. It is expected that the advise and training sessions provided by the EU EEM will strengthen their capacity to assess the Zambian electoral system and their advocacy for necessary reforms. IX. a portion of their agreed monitors from the project. FODEP presented a statement at a press conference. These refer particularly to provisions in the . Aditionally. independently. Legal framework 1. some NGOs suspect that AVAP’s spearheading the division of election wards was guided by their wish to select for their own monitors’ easier accessible places. the recommendations presented by various groups (including the EU EOM 2006) should be implemented immediately. Likewise. FODEP. Regulations adopted by the ECZ. They should also subsequently design better and more comprehensive observation tools. Profiles of the four above-mentioned NGOs and of two other organizations – Women for Change and Council of Churches Zambia . election are presented in the annex.

the ECZ should publish immediately its decisions. The ECZ should adopt a clear set of internal procedures to ensure its full transparency. including a break-down by polling station. its Directorate and the field. The ECZ must become an independent. Results management 6. and create an archive of this material which is open for public scrutiny. minutes and internal procedures. mobile and satellite connections could be introduced at the constituency centres. autonomous body. during the day after the election. Full-time provincial and district election officers should be recruited. in order to improve coordination between the ECZ. The process of transmission of results can be significantly shortened if constituency collation centres transmit the results directly to the ECZ HQ. engage in civic education and training and capacity-building at a local level. It should hold regular. and place all important information on its webpage. before receiving all polling station results either by fax or electronically. as per fixed budget allocation.EU Election Expert Mission Republic of Zambia – Presidential By-election. 7. in terms of the appointment of its members. Instead of the President proposing members for their ratification by Parliament. The ECZ’s funding should be guaranteed by the Ministry of Finance. Increase the transparency of the ECZ 5. its funding and performance. 30 October 2008 Final Report Page 36 Electoral Act. At the time when final presidential results are officially announced. Constituencies where the collection of results from polling stations will take more than one day should be identified and made public prior to Election Day. in the eyes of stakeholders. In particular. Decentralize the ECZ 4. compared with the various regulations and Code of Conduct adopted by the ECZ. The ECZ should not announce final presidential results. provide details of all formal complaints received. decentralized presence in the field would enable the ECZ to conduct continuous voter registration. at least two-thirds of the National Assembly could put forward candidates for confirmation by the President. Election Administration Increase the independence and capacity of the ECZ 3. A hybrid computer system with fix. The remaining two vacant seats should be filled prior to the 2011 elections. the ECZ should make public all results. The delivery of sensitive election materials from the polling stations to collation centres should be organised ideally within one day to enable the tabulation and announcement of constituency election results. 8. A permanent. . open meetings. in order to avoid conflicting information between them. for all stakeholders.

Voter registration should. as many of those who are on a duty are not registered in that particular polling district. To this end. from which the voter register can be extracted. The eventual goal of the government could be the introduction of an effective civil register. An audit of the current voters register should take place before embarking in any update to assess the degree of accuracy and based on this information decide on the best way to create the best possible voters register. Introduce continuous voter registration 13. or at least ad-hoc registration exercises should be implemented annually.EU Election Expert Mission Republic of Zambia – Presidential By-election. hospitalized and. It should address the timely purchase. as well as security personnel assigned to particular polling stations. and determine clearly which section of the ECZ is responsible for their implementation. This recommendation from the EU EOM 2006 was partially implemented. Polling agents and domestic monitors. Each department should have sufficient decision-making capacities to reduce the burden of the director and his/her deputies. the Department of National Registration could be supported to computerize its operations. be conducted on a continuous basis. Certificate of Authority 12. as well as a timetable for the filing and resolution of petitions. 11. This measure should be implemented by the ECZ and will enable thousands of polling agents and domestic monitors to vote. 30 October 2008 Final Report Page 37 Ensure efficient and accountable election preparations 9. 14. In order to ensure fast. Such a calendar would regulate dates and time periods for all aspects of the voter registration process. observers and the media. Mobile voter registration units should be used to reach voters who are unable to reach stationary locations. 10. Special provisions could also be introduced to register the homebound. a detailed election calendar. should be produced for future elections. in the meantime. voters living abroad. efficient and accountable election preparations. A thorough operational plan should precede each future election. including one specifically for the training of electoral staff. election campaigning. 15. as political parties and domestic observer organisations are not able to recruit their activists in all polling districts. 28 There is a draft project financed mainly by the EC to allow for a continuous voter registration from 2009 on . the training of electoral staff and voter education activities. storage and delivery of election materials. possibly. Appropriate departments should be established within the ECZ’s Directorate. and each electoral officer should work on the basis of clear terms of reference. prior to the 2011 elections28. Coordination between the Ministry of Home Affairs’ Department of National Registration and the ECZ should be enhanced so that all eligible citizens are issued with a National Registration Card (NRC) before voter registration. incorporating all legal and operational timelines. are entitled to receive the Certificates of Authority to vote on Election Day. candidate nominations. the accreditation of monitors.

30 October 2008 Final Report Page 38 16. The Freedom of Information Bill should be resend to the National Assembly for enactment.EU Election Expert Mission Republic of Zambia – Presidential By-election. and can be followed by presiding and returning officers. tabulation and transmission of results are clearly explained. Civil Society organizations should be offered technical assistance. The Independent Broadcasting Authority should receive sufficient funding. personnel and a functioning board to take up its duties. to cover voter registration and the nomination of candidates. The training of electoral staff needs further improvement. Domestic monitors should be able to receive their ECZ accreditation at a much earlier stage in the electoral process. as soon as possible. Voter registration and verification should end much closer to Election Day. from voter registration to candidate nomination. The manuals for election officials need to be revised to ensure that procedures for polling. instruments and personnel to enforce compliance should be established. The accreditation of monitors should be decentralized and be conducted at a district or constituency level. Civil society organizations should be supported in their efforts to enhance the procedural knowledge of domestic monitors across all stages of the electoral process. A body vested with funds. The ECZ should involve Civil Society organizations in voter education activities to a larger extent. Media Legal reform 21. 20. . and laws passed should be implemented. counting. in order to strengthen their analytical capacities and their participation in the ongoing process of electoral reform. Greater efforts should be made to extend voter education activities to both rural and remote parts of the country. The Media Law reform should be completed as a matter of urgency and priority. polling. The punitive measures contained in the Electoral Act and Electoral (Code of Conduct) Regulations 2006 should be removed in respect of their application to the media sector and replaced with a limited set of measures such as right of reply and correction. All additional instructions issued by HQ regarding elections should be written and made public. The quality control of the voter register should be strengthened to ensure that corrections made during the verification period are accurately incorporated into the register. The procedures for criminal investigation should also be withdrawn and replaced with a more suitable set of tools. delivery of election materials. in order to make it more accessible for domestic observers and to reduce the workload of the ECZ Directorate. Continue and enhance effective voter education 18. Facilitate further the crucial role of Civil Society 19. counting and the aggregation of results. 22. in order to give the electorate maximum opportunity to participate. Improve the quality of ECZ manuals and the training of electoral staff 17.

In line with the increasing trend in international law. 27. the media community should revise it and develop measures to ensure that a functional and effective self-regulatory body is established. ZANIS agency’s status and mandate should be transformed to separate the news collection and provision. 24. Structural reform 25. ZNBC’s internal programme guidelines should also be refined to ensure proportional access to candidates in important programmes such as news bulletins. and government’s public relations arm. consideration should be given to decriminalizing the offence of defamation. The 30 minutes clause should be reconsidered if there should be an amendment to regulate the buying of airtime for whole programmes. ZNBC should demonstrate real and tangible improvements in its standards and levels of diversity if it is to be transformed into a public service broadcaster. Failing this. In light of the failure to establish the Media Council of Zambia as a credible and operational body. as indicated in the legal reform of the sector. 30 October 2008 Final Report Page 39 23.EU Election Expert Mission Republic of Zambia – Presidential By-election. This should clearly establish the amount of airtime each candidate is entitled to during the campaign period. An agreement should be reached on time slots for electoral coverage/ advertisement in all media. coordination between all interested stakeholders is necessary to delineate all areas in need of support and establish priorities and division of work as a matter of urgency in view to establish a proper and functioning electoral media landscape well in advance to the next elections in 2011. To coordinate above-mentioned recommendations and others submitted by various stakeholders (including the EU EOM 2006). with equal space and airtime for each candidate. . 26. Other offences related to printing or publishing and protection of character should be removed from the register of criminal offences and articles in the penal code. Subsequently the civil courts should be made the appropriate mechanism for redress. More refinement and legal certainty should be developed for the provision of free access slots on ZNBC for candidates and parties. the agency’s public relations activities should be suspended during campaign periods and its resources should be made available to candidates on a proportional basis.

EU Election Expert Mission Republic of Zambia – Presidential By-election. 30 October 2008 Final Report Page 40 ANNEXES .

Dedicated Electoral Tribunal 3. Women quota 8. Clarify lines of communication between Commissioners and Directorate 3. Declaration of presidential results by ECZ instead of Chief Justice 7. Electoral system 4. including mobile teams 5. Support Department of Public Registration in processing and distributing of national registration cards Priority No 2009 Time 2010 2011 High Difficulty Medium Low X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X . 30 October 2008 Final Report Page 41 Annex 1 Priority. Constitutional reform fast track on electoral provisions 2. Appointment of ECZ Commissioners 5. Allow marginalize to register/vote 6. Secure secrecy of vote ELECTORAL COMMISSION 1. timing and degree of difficulty in implementing proposed actions Action Yes CONSTITUTION/ELECTORAL ACT 1. Decentralize tasks 4.EU Election Expert Mission Republic of Zambia – Presidential By-election. Continuous voter registration. Funding as % of total budget 6. Restructuring of ECZ 2.

Increase time to deposit candidatures for all elections 14. Wait for hard copies of results forms to be delivered to declare final results 22. publish reports on meetings 12. Publish Electoral Calendar 13. ECZ to be more proactive in dealing with breaches of Code of Conduct 15. Adoption of political party law. including finance regulations 3. Consistency between various legal instruments 9.EU Election Expert Mission Republic of Zambia – Presidential By-election. ECZ to hold open meetings. Revise use of OMR forms 18. Deliver Certificates of Authority POLITICAL PARTIES 1. Facilitate forms used for counting 17. Revise malpractices and penalties of Code Of Conduct 10. Review delimitation of constituencies to balance the number of voters 8. Establish a packing chart and floor plan at Collation Centre 20. 30 October 2008 Final Report Page 42 Action 7. Improve manuals 11. Publish individual Polling Station results at national level 21. Improve accreditation of monitors 16. Improve training of polling agents Priority Yes No X X X X X X X X X X X X X X X X X 2009 X X X X Time 2010 X 2011 High X Difficulty Medium Low X X X X X X X X X X X X X X X X X X X X X X X X X X X .

Transform Media Council into working body 7. Freedom of Information Act 5. Diversify and strengthen work of the PR department of ECZ 4. Support civil society in electoral reforms advocacy MEDIA 1. Amendment of Electoral Code of Conduct (articles 13. 14) 2. Media Law reform: Independent Broadcasting Authority. Monitoring of professional quality Priority Yes No X X X X X X X X X X X X 2009 X X X X X Time 2010 X X X X 2011 High Difficulty Medium X Low X X X X X X X X X X X X X X X X X X X X X X X X X X . Candidate requirements for NA to be revised to allow public servants to apply CIVIL SOCIETY 1. Transformation of ZNBC into a public broadcaster including parts of ZANIS 6. Joint effort of the donor community to support media performance through training 8. instruments and personnel to monitor & enforce compliance or Media Monitoring House 3. Undertake permanent civic education 2.EU Election Expert Mission Republic of Zambia – Presidential By-election. ECZ: Body equipped with funds. 30 October 2008 Final Report Page 43 Action 2.

Programme activities: 1.EU Election Expert Mission Republic of Zambia – Presidential By-election.000 Transport .000 monitors an coordinated exercise with Saccord. Solwezi.unpaid provincial committee members (9 in each) and unpaid district committee members (8 in each) Registered Members: 7. ZNWL and Avap 2008 Monitoring Coverage: Covering all 150 constituencies Some 2.4 Billion Kwacha ( around 370. Capacity Building (mainly oriented on its own structures) Main Donors: GTZ and Irish Aid 2008 budget: around 350 thousand USD Internal resources: none Internal structure: .000 (in 2001 around 10. member of the past Electoral Reforms Technical Committee) 2. 30 October 2008 Final Report Page 44 Annex 2 Domestic Monitoring Groups The Foundation for Democratic Process (FODEP) General overview Establishment date: 1992 emerged from the 1991 founded „Zambia Elections Monitoring and Coordinating Committee”.000 monitors 2001 with around 6. Elections and electoral process (strengthening and advocacy – preparation of a draft Electoral Act.a standard E-Day observation form designed in the cooperation with the NDI for PVT .000 USD for the PVT Note: the election monitoring grants amounts to some two thirds of Fodep’s 2008 budget Election Monitoring Focus: Election day procedures. Monitoring of the AU’s African Peer Review Mechanism (pressuring the government to follow the APRM) 5.000 meal 80. atmosphere and incidents Election Monitoring Methodology: .000 for E-day (for PVT monitors 100. Kaoma. the firsts monitoring organization in the country The Mission: To promote and strengthen the institutions and operations of democracy. where recorded and analysed Any specific Code of Conduct or Pledge: Prepared but not distributed and signed Allowances paid to monitors: 40. Chongwe) 3.000 Talk time 30.11 paid staff (3 programme officers) in the secretariat . community radios discussions) 4.560 monitored and have reported (all received the PVT training) including over 800 monitors involved in PVT (Parallel Vote Tabulation) Funding for Election Monitoring/education: DFID – 1. Kapiri Mposhi. and the Citizens Forum Election Monitoring Past Election Monitoring Activities: 1991 as ZEMCC 1996 with around 10.000) Cooperation with other NGOs: with Zambian Centre for Interparty Dialogue. Kafue.000) 10. Human Rights (focusing on advocacy.000 USD) for regular monitoring DFID – 352. Local Governance and development (focusing on accountability of leaders and decentralization – fieldwork in the districts of Mumbwa.all FODEP monitors used the same PVT forms All forms quickly sent to the HQ.000 monitors 2006 with around 2.

Governance (by lobbying political parties and MPs) 2. Paid staff: 12 persons in the secretariat plus 9 provincial representatives in the National Board. vice chairperson. Analysing legal framework (lobbying for constitutional/electoral reform) 4. In all 72 districts .5 $ annually) Internal structure: National board composed of chairperson.a gender focused narrative form .intimidation Limited focus on election procedures – substantially improved with adoption of the forms jointly designed with the EU EEM Training Team Election Monitoring Methodology: . President for strengthening sanctions against rapists) Main Donors: DanChurchAid (Governance project) NGO Coordinating Council Basket Fund Hivos (NL) One World Action (GB) (Women’s leadership) 2008 budget: around 400 thousand USD Internal resources: negligible less than 1% from Registered Members contributions (2.the jointly designed quantitative Election Day form All forms sent to and analysed at HQ.000 USD (for Voter education programmes in community radios) Note: the election related funds represent around 50% of WZNL’s 2008 budget Election Monitoring Focus: Strict gender perspective: .000 for training 80. 50 in the PVT Project. Any specific Code of Conduct or Pledge: None Allowances paid to monitors: 70. vice chairperson and secretary Registered Members: 3. 30 October 2008 Final Report Page 45 Zambia National Women’s Lobby (ZNWL) General overview Establishment date: 1991 as National Women Group The Mission: to promote women representation and participation in decision making at all levels through advocacy. Information campaign concerning gender issues with a special focus on domestic violence (plus lobbying MPs. legal advisory.unpaid chairperson.2 Billion Kwacha (around 315.000 when forms delivered .000 E-day 80. .Participation of women in the campaign (abusive role as dancers etc. Saccord and Avap 2008 Monitoring Coverage Present in 140 (out of 150) constituencies with 2370 accredited monitors.) . lobbying and capacity building for women in Zambia Programme activities: 1. over 90% women Cooperation with other NGOs: Mainly within NGO CC ( Coordinating Council) unifying 94 women’s organizations. Women's leadership (programmes to educate women in rural areas to become community leaders or local councillors.000 US Dollars) NGO CC Grand Basket – 350 Millions Kwacha (around 92.EU Election Expert Mission Republic of Zambia – Presidential By-election.000 USD) DanChurchAid – 9.500 throughout the country. cooperation on domestic violence with Young Women’s Christian Association Election Monitoring Past Election Monitoring Activities: 2006. with some 1100 monitors in an coordinated exercise with Fodep. and support to female candidates for councillors or MP positions from all parties 3. treasury and 9 representatives of provinces (one from each) elected by the General Assembly.share of women among PS staff. Some 2000 actually observed and have reported their findings Funding for election monitoring/education: DFID – 1.

Conflict Management and Peace Building (focusing on The Public Order Act. Sesheke (Western Province) Main Donors: HIVOS (HR and capacity building) MS – Zambia (Local democracy and decentralization) DanChurchAid (constitution and legal reform) Diakonia GTZ ( monitoring of the 5th National Development Plan) Osisa Danida 2008 budget: around 700 thousand USD Internal resources: none Internal structure: . Solwezi (North-western Province). Kalomo. Yet only 1520 actually monitored and have reported. later adjusted to 98 constituencies in 7 provinces (Luapula and Northern Province not covered) 1700 planned. Currently functions as a national NGOs network with partner NGOs in other countries in the region Programme activities: 1.000 meal 80.9 provincial and 98 constituency coordinators – volunteers paid on ad hoc basis . Petauke. Limited focus on election procedures – substantially improved with adoption of the forms jointly designed with the EU EEM Training Team Election Monitoring Methodology: .a narrative form focused on conflict/intimidation/campaign . with the Civil Society for Poverty Reduction in monitoring of the implementation of the 5th National Development Plan Election Monitoring Past Election Monitoring Activities: 2001 within the “Coalition 2001” group with some 300 monitors 2006 with some 2000 monitors in an coordinated exercise with Fodep. including 40 mobile "rowing teams“ and 60 monitors in the PVT project Funding for Election Monitoring/education: DFID . Constitutionalism and Rule of Law (focusing on constitutional and electoral reform. and conflict transformation) Working with communities in Itezhi-Tezhi.around 200 promoters ad hoc paid in Itezhi Registered Members: NA Cooperation with other NGOs: with the Oasis Forum and the Collaborative Group on the Constitution in discussions on Constitution making. The Societies Act.EU Election Expert Mission Republic of Zambia – Presidential By-election. policy and legislative tracking. and Choma (Southern Province). Building Local Democracy (focusing on decentralization. fulfilment of the 5th National Development Plan) 2. Mambwe and Chipata (Eastern Province). 30 October 2008 Final Report Page 46 Southern African Centre for the Constructive Resolution of Disputes (Saccord) General overview Establishment date: 2000 The Mission: To work towards the realisation of peace and security through constructive conflict management Note: The original idea to serve as a regional advisor/ consultant for the SADC countries failed. civic and human rights education. violent incidents.9 paid staff (4 programme officers) in the secretariat .000 USD) Note: the election related funds represent around about one fourth of Saccord’s 2008 budget Election Monitoring Focus: 75 constituency coordinators monitored campaign.000 Transport 20. ZNWL and Avap 2008 Monitoring Coverage: Originally planned to observe in 103 constituencies.880 Million Kwacha (around 230.the jointly designed quantitative E-Day form All forms sent to and analysed in the HQ Any specific Code of Conduct or Pledge: None Allowances paid to monitors: 20. election monitoring) 3.000 for E-day . misuses of state resources.

respect for human rights and other issues related to good governance Programme activities: 1.1.000 deployment costs Cooperation with other NGOs: No. the number of monitors actually involved not known yet. just making available materials of Fodep. ZNWL and TIZ in the Democracy information centres .000 meal 80. Leadership training for young people in politics (4 to 5 workshops annually in province capitals) 3.3 provincial coordinators (Luapula. Community civic education (discussions with local leaders in 18 districts) 5. political and voter participation. Saccord. Northern Province) Registered Members: NA Election Monitoring Past Election Monitoring Activities: 2001 within the “Coalition 2001” group 2006 in 6 provinces in an coordinated exercise with Fodep. instances of violence and breaches of conduct . Managing democracy forums (monthly discussions in urban centres with politicians and opinion leaders) 6. Eastern. Weekly community radios/ZNBC programmes (discussions) Main Donors: GTZ and Irish Aid (for running Democracy information centres) Friedrich Ebert Stiftung MS Zambia 2008 budget: around 790 thousand USD Internal resources: negligible contributions from the "Friends of Avap” Internal structure: . irregularities Limited focus on election procedures.41 staff in Democracy information centres .EU Election Expert Mission Republic of Zambia – Presidential By-election. Later all forms sent to the HQ Any specific Code of Conduct or Pledge: None Allowances paid to monitors: 50. Around 10 involved in the PVT (even though some 70 planned) Voter education “Go vote goal" conducted in 18 districts Funding for Election Monitoring/education: DFID .000 for E-day 50.4 Billion Kwacha (around 370. School based democratic governance roundtable discussions (held at primary.a narrative form focused on basic polling/counting procedures and irregularities. All 9 reports from the provincial coordinators sent to HQ (12 days after elections not arrived yet). secondary schools and colleges) 4.000 E-day transport 40. ZNWL and Saccord 2008 Monitoring Coverage: 2685 monitors accredited. Democracy information centres (public "libraries” specializing on HR and governance in total 18 in provinces and 5 in Lusaka) 2.13 paid staff (2 programme officers) in the secretariat . Election Monitoring Methodology: . subsequently district and later at provincial level.000 USD) Note: the election monitoring grants represent some 30% of Avap’s 2008 budget Election Monitoring Focus: A bit vaguely defined: acts of violence. 30 October 2008 Final Report Page 47 Anti-voter Apathy Project (Avap) General overview Establishment date: 1995 The Mission: To promote democracy.Forms analysed and synthesized at constituency.000 transport for training 20.

Southern and Central Provinces Funding for Election Monitoring/education: None for election monitoring DanChurchAid – around 25. 30 October 2008 Final Report Page 48 Women for Change General overview Establishment date: 1992 transformed from the former "Women's Development Programme" of the Canadian University Services Overseas The Mission: Working with and empowering remote rural communities. Good leadership – making leaders both elected/ traditional accountable to their electorate/ communities Operating in selected rural communities in the districts of Mazabuka. one week in Lusaka) Registered Members: NA Cooperation with other NGOs: Women for change see themselves as a pioneer organization preparing grounds in communities for other NGOs that come and cooperate with them at a later stages Election Monitoring Methodology: . Kaoma and Senanga in the Western Province Note: a visible shift from focusing on gender issues to rural communities development Main Donors: NGO Coordinating Council (NGO CC) Basket Fund Norad DanChurchAid 2008 budget: 600 thousand USD Internal resources: none Internal structure: 30 permanent paid staff out of which 25 programme staff acting as field workers (3 weeks in the field. Education on Human Rights 2. Northern. especially women to contribute towards sustainable development and the eradication of all forms of poverty. Mumbwa. Eastern.000 USD for Voter education programme . Sinazongwe. Choma. Kaipiri-Mposhi. Only 6 monitors from the HQ under the umbrella of Saccord deployed in Luapula. Mkushi in the Central Province.EU Election Expert Mission Republic of Zambia – Presidential By-election. Programme activities: 1. Kalomo in the Southern Province.the jointly designed quantitative E-Day form Findings from the 6 monitors compiled in the HQ Any specific Code of Conduct or Pledge: None Allowances paid to monitors: NK Election Monitoring Focus: Only E-day monitoring Election Monitoring Past Election Monitoring Activities: none in 2006 only Civic education 2008 Monitoring Coverage: The plan to have 450 monitors failed due to delayed funding and the ensuing late request for accreditation.

violent incidents Limited focus on election procedures. HIV/AIDS and health Main Donors: Norwegian Church Aid DanChurchAid Christian Aid Diakonia Australian Council of Churches Internal resources: 10% from renting offices in the CCZ’s buildings.10.000 for E-day in Lusaka (50. Communication. Registered Members fees Internal structure: 40 permanent staff in the secretariat Local Christian Council at district levels – unpaid meeting groups Registered Members: NK Cooperation with other NGOs: NA Election Monitoring Focus: campaign. sale of farming products.000 elsewhere) 300. Gender justice and youth 3. social Justice and Peace 4.000 USD Diakonia 3. 30 October 2008 Final Report Page 49 Council of Churches Zambia General overview Establishment date: 1914 The Mission: To serve as an ecumenical organization to strengthen Christian unity and promote social justice.000 USD Programme activities: 1. Election Monitoring Methodology: . Theology and Ecumenical Engagement 5. Education and Development 2.a narrative form focused on conflict/intimidation/campaign designed by Saccord Any specific Code of Conduct or Pledge: None Allowances paid to monitors: 100. misuses of sate resources.EU Election Expert Mission Republic of Zambia – Presidential By-election. peace and development Election Monitoring Past Election Monitoring Activities: 2006 with some 200 monitors 2008 Monitoring Coverage: 25 monitors in North-western Province 25 in Luapula 50 in Lusaka All members of local church communities Limited mainly due to lack of funding Funding for Election Monitoring/education: DanChurchAid .000 E-day transport outside Lusaka .

05 – 15. improving the observation methodology.15 Activity Introduction of trainers and participants Setting the workshop rules Presentation of the workshop agenda and of the 3 main objectives of the first workshop 14. underline the importance of networking Timeline 14.00 – 14. identify what could be done better.30 One spokesperson per group present the results of his/her working group Common discussion Trainers input: offer the same level of allowance to avoid competition Consider the possibility of national training days Advocate as a group for decentralization of the accreditation process Advocate as a group for certificate of authority Cross fertilization of experience Expected outcome Break the ice . 30 October 2008 Final Report Page 50 Annex 3 Capacity building training modules Module 1: Lessons learned from the 2008 exercise Recruitment and training of monitors.45 Divide the trainees in two working groups: Group 1: recruitment and training of monitors Group 2: accreditation and deployment Techniques: List 5 positive and five negative points 14. reporting timeline.45.15. repatriation and analysis of results.EU Election Expert Mission Republic of Zambia – Presidential By-election.05 15. identify how it could be done better Overall objective: Strengthening institutional capacity.15 – 14. Objective: identify good practices. observation methodology.

15 – 16.35 16.45 – 16.EU Election Expert Mission Republic of Zambia – Presidential By-election.00 One spokesperson per group present the results of his/her working group Common discussion Trainers input: quantitative data allow for fast repatriation of results Timeline for reporting Strategy to engage with international observer missions. 30 October 2008 Final Report Page 51 Coffee/tea break 15.35 – 17. Cross fertilization of experience .15 Divide the trainees in two working groups: Group 1: Observation methodology & repatriation of results Group 2: Report writing & going public Techniques: List 5 positive and five negative points 16.

10. search for common grounds for advocacy Time 14. /reg.40 14. Annual rep.14.30 –15. Challenges for implementation of the standards.14.00. Two working groups selecting two cases each.30-14.10 14.45 15.30 Topic Introduction Identify election related incidents and structures which can be assessed as HR/Gender issues Overview of relevant int.30 15. 2007 How to advocate for domestication of international covenants & treaties already ratified .45 –16. PPP.30 16. Plenum presentation/discussion Open floor discussion regarding future strategies and cooperation Case based Discussion Flipchart Distribution of Zambia HR Com.30 -17. Objective: identify loopholes. EU EOM Handbook.00 Workshop. Assessment of inclusion of standards into national legal framework. Plenum presentation/discussion break Workshop. 30 October 2008 Final Report Page 52 Module 2: International standards for Elections Review of International and regional standards. Compilation of International Standards for Elections. HR/Gender agreements.40 –15.EU Election Expert Mission Republic of Zambia – Presidential By-election. Compilation of HR agreements Case based Flipchart Tools Material 14.

monitoring the resolution of disputes and analysing Election Disputes. continuous voter registration. National Constitutional Conference Divide trainees in two working groups to assess based on a checklist the 5 major improvements needed with regard to legal framework One spokesperson per group present the findings Compare selected amendments and assess the most mentioned: Appointment of election commissioners. electoral system . treating by political parties and offences by media houses. Time 14:00 – 14:15 14:15 – 14:45 Activity Presentation of the agenda Overview of legal framework Divide trainees in two working groups to assess the 5 major offences during past election based on the Electoral Code of Conduct and redress One spokes person per group present the findings Expected outcome Overall idea of session Exchange of ideas 14:45 – 15:15 Compare selected offences by two groups and assess the most mentioned: Bribery. no redress Understanding of the various attempts for electoral reform in Zambia Exchange of ideas 15:15 – 15:30 15:30 – 15:45 15:45 – 16:15 16:15 – 16:45 Coffee / tea break Work of Electoral Reform Technical Committee. 30 October 2008 Final Report Page 53 Module 3: Analysis of legislation Importance of legal analysis. developing an election disputes table. Constitutional Review Commission.EU Election Expert Mission Republic of Zambia – Presidential By-election. identify loopholes to address through advocacy strategy. Objective: developing a national framework of analysis of legislation.

analysing positive and negative elements of the current election administration using principles for genuine ideal ECZ should look like? 14. underline the importance of NGO regular contacts with ECZ and identification of future NGO projects aimed to improve the electoral process.45 Divide the trainees in two working groups: Module 1: Electoral Commission composition. professionalism Group work . method of nomination of commissioners. permanent staff Better understanding the structure and composition of the electoral administration in Zambia Group work . Objective: identify main problems and shortcomings. structure.05 – 15.assessing ECZ performance us Techniques: List several positive and negative points using principles The suggestions how to improve the structure and composition of the ECZ Understanding of methods and criteria used in assessment of electoral administration .00 – 14. impartiality. improving knowledge of how to assess performance of election administration.45. 30 October 2008 Final Report Page 54 Module 4: Assessment of Election Administration Discussion over the composition and structure of the electoral administration in Zambia.15 – 14. What are the methodology and principles for assessment of election administration? Identification of main shortcomings.15.05 15.EU Election Expert Mission Republic of Zambia – Presidential By-election. identify what can be done to improve performance Overall objective: Strengthening capacity. Timeline 14.45 One spokesperson per group present the results of his/her working group Module 2: Assessing Electoral Administration Against principles :Transparency.15 Activity Introduction of trainers and participants Setting the workshop rules Presentation of the workshop agenda and of the 3 main modules of the workshop Expected outcome 14.

00 – 16. 30 October 2008 Final Report Page 55 14.30 – 17.EU Election Expert Mission Republic of Zambia – Presidential By-election.45.15.00 One spokesperson per group present the results of his/her working group .30 One spokesperson per group present the results of his/her working group Module 3: What needs to be changed? Shortcomings and problems of election administration Recommendations from previous elections Identification of the main shortcomings Using the election report of previous EUEOM Outline possible future activities and projects which can have a positive impact on the performance of the election administration 16.05 16.

Romania. Nepal. model of allegations/incident report form Expected outcome .35 16. Senegal & Tanzania Country information extracted from NDI’s “Money in Politics. Cross fertilization of experience Develop checklists for monitors in the field Common definition of abuse of state resources and vote buying Trainers input: fact finding tips.00 – 14.15 – 14.15 Activity Introduction of trainers and participants Setting the workshop rules Presentation of the workshop agenda and of the 3 main objectives of the first workshop 14. How to advocate for a Political Party Act.05 15.35 – 17. Uganda & Ghana Group 2: Peru. Monitoring the election campaign. South Africa. how to document those malpractices 14.15 – 16. strategy to monitor and document “money politics” Objective: developing checklist to document abuses of state resources and vote buying/treating.45 – 16.15. formulation of proposals for transparent financing of political campaign in Zambia.05 – 15.45. a case study of 22 countries” 16.EU Election Expert Mission Republic of Zambia – Presidential By-election. 30 October 2008 Final Report Page 56 Module 5: Monitoring Politics Candidate and party registration. Timeline 14.30 One spokesperson per group present the results of his/her working group Common discussion Coffee/tea break 15. formulate proposals for transparent financing of political campaign. how to document those malpractices Group 2: definition and examples of vote buying & treating.00 One spokesperson per group present the results of his/her working group Common discussion List of best practises from case studies.15 Divide the trainees in two working groups: Group 1: case study of Benin. Bulgaria.45 Divide the trainees in two working groups: Group 1: definition and examples of abuse of state resources.

Role play using the above complaints Checklist media ethics.30 Media Monitoring PPP 16.15 15.10 14. and developing instruments for detecting possible restrictions in the work of media.00 NGOs how to use media monitoring Discussion .30 -17. Getting acquainted to use laws in defending freedom of speech.15 – 16:00 Break Complaints: which violations of which laws.00.14.30 – 15.00 – 15.EU Election Expert Mission Republic of Zambia – Presidential By-election. government. codes? Group work. media monitoring Objective: identifying tools for assessing the level of fairness of candidates/parties' access to media.10.30 14. women’s health organization complain Own experience Reflect different perspectives on media performance Tools Material Expected outcome 14. Electoral codes….20-14.00 – 16. freedom of media Getting insight into fundamental principles of MM for NGOs MM for NGOs: ideas for 2011 16. impartiality of their coverage. citizen.14. 30 October 2008 Final Report Page 57 Module 6: Media and election Assessment of the legal framework governing media.20 Topic Introduction Complaints about the media Role Play: Journalist.00 Presentation of the complaints Legal framework PPP Flipchart to gather complaints Overview International Laws and Codes on Media Freedom 15. Time 14. ECZ.

July 2000 African Youth Charter African Charter on the Rights and Welfare of the Child Protocol to the African Charter on Human And Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights. Ouagadougou. 6 October 1999 Convention on the Rights of Persons with Disabilities. 30 October 2008 Final Report Page 58 Annex 4 International and regional agreements signed by Zambia ORG UN AGREEMENT The Universal Declaration of Human Rights 1948 International Covenant on Civil and Political Rights New York. New York.EU Election Expert Mission Republic of Zambia – Presidential By-election. 15 December 1989 International Covenant on Economical. Maputo. 11July 2003 03/08/05 02/06/06 . 13 December 2006 Convention on the Rights of the Child SIGNED RATIFIED 10/04/68 (accession) 10/04/68 (accession) 10/04/68 (accession) 11/10/68 17/07/80 04/02/72 13/06/85 29/09/08 9/05/08 30/09/90 17/01/83 12/07/00 10/04/08 28/02/92 09/06/98 30/05/96 06/12/91 10/01/84 21/02/01 AU African (Banjul) Charter on Human & Peoples' Rights Constitutive Act of the African Union. Togo 11. Lome. 16 December 1966 Optional Protocol to the International Covenant on Civil and Political Rights New York. aiming at the abolition of the death penalty (New York. Burkina Faso. 18 December 1979 Amendment to article 20. 22 November 1995) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women New York. paragraph 1 of the Convention on the Elimination of All Forms of Discrimination against Women (New York. 16 December 1966 Second Optional Protocol to the International Covenant on Civil and Political Rights. Social and Cultural Rights of 1966 International Convention on the Elimination of All Forms of Racial Discrimination New York. Mozambique. 7 March 1966 Convention on the Elimination of All Forms of Discrimination against Women New York. 10 June 1998 Protocol to the African Charter on Human And Peoples' Rights on the Rights of Women in Africa.

Information and Sport SADC Principles and Guidelines Governing Democratic Elections (2004) 17/08/92 17/08/93 26/08/03 14/08/00 This compilation may not cover all agreements relevant to elections. AU and SADC internet pages Reservation: 3. in so far as it relates to primary education.EU Election Expert Mission Republic of Zambia – Presidential By-election. International Covenant on Economical. while the Government of the Republic of Zambia fully accepts the principles embodied in the same article and undertakes to take the necessary steps to apply them in their entirety. 30 October 2008 Final Report Page 59 SADC Declaration and Treaty of SADC The treaty of SADC. Social and Cultural rights of 1966 The Government of the Republic of Zambia states that it reserves the right to postpone the application of article 13 (2) (a) of the Covenant. and particularly the financial implications. as amended Declaration on Gender and Development Charter on Fundamental Social Rights in SADC Protocol on Culture. are such that full application of the principles in question cannot be guaranteed at this stage . Dates for signing and ratification are copied from the UN. the problems of implementation. since.

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