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

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

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

civil society and governmental institutions. Rupiah Banda. (2) vote buying. related to (1) the use of state resources by the governing party (MMD). According to the information gathered by the EU EEM. civil society organizations and media) and international stakeholders to assess the Presidential by-election. and could therefore not register as voters. 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. The disenfranchisement of citizens who reached the age of 18 after the last voter registration exercise in 2005/06. compared to the 2006 tripartite elections. The CMC are composed of representatives of the ECZ. represent the main issues leading to this conclusion. This decision. the opposition challenged the process of counting and tabulation of results. specially the right to vote. on 2 November. together with the lack of professional and ethical behavior from the part of the media (state and private). political parties. Despite the requests from the ECZ.13% by PF candidate.000 young people who had reached the age of majority. The MMD candidate. (3) defamation and (4) intimidation. political parties. Voter participation decreased by 25 percentage points. The EU EEM met with local (electoral authorities. In addition. most of the cases were dealt with to the satisfaction of the involved parties in the Conflict Management Committees (CMC). Michael Sata. and no major challenges were presented with regard to polling.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. The missions’ mandate was threefold: (1) to assess the electoral process. the Zambian government had not provided sufficient financial resources for continuous voter registration. The majority of the reports received from the Electoral Commission of Zambia (ECZ) and other local stakeholders concerning complaints prior to Election Day. against 38. a significant number of voters who had changed their place of residence since the 2006 elections could not re- • • • • . government. While Election Day took place in a peaceful atmosphere. While not mandatory for the complainant. (2) to support diplomatic watchers and (3) to support domestic monitoring organisations. as prescribed by the Electoral Act. This Presidential by-election did not meet a number of international standards. won the election with 40. and can therefore hardly be assessed as representing the will of the people. led to the disenfrachisement of some 500. Rupiah Banda was sworn-in immediately after the declaration of the results by the Chief Justice (2 hours later).EU Election Expert Mission Republic of Zambia – Presidential By-election. 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. 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. Some positive aspects were the increased transparency of the process and the better logistical implementation.09% of votes.

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

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

public funding of political parties. the Electoral Code of Conduct Regulations (2006). civil society organizations and other local stakeholders. composed the framework for the 2008 presidential by–election. A considerable amount of time was spent in setting-up the mission and on administrative matters. the Electoral Act (2006). On this issue. accompanying results from PS to Collation Centre by party agent and posting of results at Collation Centre . the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). Very few of the proposals from the ERTC were incorporated in the Electoral 1 Refers to posting of results at Polling Stations (PS). 30 October 2008 Final Report Page 6 During its stay. the amendment to the Electoral Regulations (27/10/2008)1. These were: the Constitution of Zambia (1996). Generally. 11 of 2008) that detainees are not entitled to vote. international partners and international observer delegations. gender equality and the creation of tribunals to resolve election disputes. 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.EU Election Expert Mission Republic of Zambia – Presidential By-election. EU Member States. LEGAL FRAMEWORK Legal set-up A large number of laws. the International Convention on the Elimination of Racial Discrimination (ICERD). the case was brought to the International Court for Human Rights where the plaintiff won the case and was elected. as well as administrative instructions and election manuals issued by the Electoral Commission of Zambia (ECZ). to review the legal and electoral framework and propose electoral reforms. including reforms to the electoral system. political parties. the Electoral Commission of Zambia. the mission met with governmental officials. as well as with the EC Delegation. 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. 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). President Mwanawasa appointed an Electoral Reform Technical Committee (ERTC) in 2003. A Constitutional Review Commission (CRC) was also established to address possible improvements to the political system. the situation of detainees is clearly in breach with international conventions that Zambia is a party to. 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. the Electoral Commission Act (1996). Regarding the adherence to international standards. II. The ERTC presented its report in July 2005 and made numerous recommendations on a range of issues. After the 2001 elections. regulations and instructions. the Supreme Court ruled (SCZ No. and the Convention on the Political Rights of Women (CPRW).

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

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

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

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

The ECZ introduced and followed the election calendar and decided to deliver all essential materials a day before the polling day. A general lack of information exists regarding the electoral process. The ushers in charge of directing voters and controlling voter’s queues were recruited at polling stations with more than one polling stream. information about the changes in procedures8 with regard to 2006.EU Election Expert Mission Republic of Zambia – Presidential By-election. were given only orally. 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. 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. important Commission decisions are communicated to stakeholders with delay. 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. the printing of high number of additional ballots and the addition of 3. Administration of the Election Despite the short time-frame provided. . minutes of the meetings are not published and often. without supporting written instructions.000 voters on the voter’s register). start of tabulation.e. The complex procedures for counting. regarding the various stages of the election process. Speaking with various senior representatives about the same issue (i.e. 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. constituency and polling station levels. but did not provide detailed information. 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. Due to the large size of the country. and provided only limited information through its Public Relations department or on its website. differing information were given. 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. the ECZ proved its capacity to meet all important deadlines and improve technical preparations of the Election Day process. The Electoral Commission of Zambia (ECZ) has informed that the Ministry of Finance and National Planning (with the significant contribution from international donors). The main area of concern was the absence of clear written instructions from HQ to the electoral officers at the district. Nevertheless. procedures for transmission of results). which lead to confusion on Polling Day. On the same note. has fully financed the Presidential Election budget of K231 billion (€44 million). the major opposition political parties complained about being informed late regarding some important commission’s decisions (i. the delivery and collection of polling staff and election materials to and from the polling stations. the main challenge the ECZ continued to face was the distribution of materials from Lusaka to the districts and. as ECZ meetings are not open to stakeholders.

Later. it did not become a matter of controversy . in stacks of 50 ballots. With 360 registered voters. Nevertheless. as the leader of the organisation was charged by the police with spreading false information. this surplus was criticized as being too high by the opposition parties. with a surplus of 579. 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. domestic monitors as well as security personnel assigned to particular polling stations. including the number and method of distribution of the extra ballot papers10. despite the ECZ’s explanation for the need for reserve ballots.200) at the Lusaka airport. as the criminal charge was against a single person and there was no court decision on the matter. the accreditation of domestic monitors was centralised.000 activists from “Anti-Rigging” Zambia. The same system of distribution of extra ballots. The ECZ agreed. as was done for the 2006 election. agents and monitors who were on duty in polling stations where they were not registered. under their custody. The “Anti-Rigging” Zambia activists were closely cooperating with the Patriotic Front. The ECZ understood that in order for the process to proceed in an orderly manner. with an approximate 15% surplus. consensus had to be reached with the political stakeholders on all major issues. Therefore the total number of distributed ballots was already higher that the number of registered voters9. The ballots for the presidential by-election were printed by Universal Print CO in Durban. Instead of distributing them directly to the Polling Stations.EU Election Expert Mission Republic of Zambia – Presidential By-election. during a first stage. Thousands of polling agents and domestic monitors could not vote. The accreditation of domestic monitors and international observers was ongoing and often continued beyond the deadline set up by the Commission. the ECZ decided to store the remaining stacks of ballots (365. for cases of spoiled or damaged ballots. The ECZ did not issue Certificates of Authority for polling agents. The procedures for accreditation were complex. is standard practice in many countries. and often monitors complained that accreditation cards were not delivered on time or were printed with incorrect data. The ECZ did not accredit 3. as political parties and domestic monitor organisations were often not able to recruit their activists from polling stations where they were registered. On the other hand.e. 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.523. This possibility is foreseen in the Electoral Act. with accreditations cards issued at the ECZ HQ in Lusaka.300. South Africa. The total number of ballots printed was 4. The ballots were distributed according to the number of voters per stream. The ECZ’s decision has not been seen as impartial. The Certificates of Authority would have allowed those officials. to change the method of distribution of extra ballot stacks.150 ballots to the number of registered voters. they were to be stored in the district electoral offices. to vote. The accreditation of polling agents was done at the district level and no significant problems were reported by political parties. which caused a lack of confidence among the opposition parties towards the electoral administration. 9 10 i.

as the major political parties were not able to sufficiently control11 the polling. the ECZ added some 3. 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. have declared that they were not able to cover all 9. 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. Since 2006. counting and tabulation of results. and to avoid illegal practices such as vote buying and treating. as required by the Electoral Act. However. there was an urgent need to make public all polling stations results and thus avoid any doubts concerning the result’s process. due to financial constraints. While the Constitution states that there is a period of 90 days in which by-elections have to be held. 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. After the presidential by-election was called. In addition.136 voters. compared to previous elections. to allow polling agents to follow the delivery and transmission of results from the polling station to the tabulation centre. According to demographic projections for 2008 provided by the Zambian 11 The two major opposition parties (Patriotic Front and UPND). the ECZ announced that additional voter registration could not be conducted prior to the upcoming elections.944. 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.000 state employees have changed their place of residence since 2006 .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 their data had not been properly entered. 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. The decision to post the protocol of the results at the polling stations was appreciated by all stakeholders. voter education activities were carried out through the electronic media. the possibility to replace lost cards. or they were deleted or lost during data processing in the course of the last registration and verification exercise. 30 October 2008 Final Report Page 13 The ECZ increased the level of transparency of the result process.EU Election Expert Mission Republic of Zambia – Presidential By-election. as stated earlier. which did not efficiently reach rural populations. the ECZ has not been carrying out continuous voter registration.320 polling streams in the country with their polling agents. 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. and therefore many of them could not participate in the elections. due to time constraints. Mainly. as well as the decision taken only few days prior Election Day. Voter Registration Since the 2005 registration. Despite the fact that at least 500. they could not register as no registration updates have taken place since 2005. While they could not agree on this issue and the by-election took place.000 citizens12 reached the age of majority during the last two years. 13 According to Zambian interlocutors some 200. The voter register for the 2008 presidential election comprised 3.000.

All applicants who submitted their nominations were registered as presidential candidates. as the projected total of adult Zambian citizens was 5. On a positive note. 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.604. Generally. due mainly to errors in the distribution of cards. The last voter registration exercise was organized in 2005 prior to the 2006 tripartite elections. the ECZ had captured 3. no exact data concerning the duplicate voter’s cards has been released by the ECZ.272.940.761 registered voters for the 2001 general elections. This means that only approximately 63% of the eligible population14 was registered to vote. Voter registration lasted from 31 October 2005 until 31 December 2005 and captured 4. some 30% of voter’s cards were not picked up by voters on Election Day .443 in 2006. which represented a significant increase in the number of registered voters compared to 2. Registration of Candidates The period for nominations lasted from 23 to 26 September 2008. significant numbers of voter cards15 were not picked up by voters on Election Day. The inspection and verification period took place between 5 and 18 June 2006. Election Day The diplomatic watching exercise did not allow for a deployment and coverage similar to a full fledged EUEOM. According to ECZ estimations.015. coordinated by the EU EEM. and possible comparisons with the previous EUEOM 2006 report in Zambia. Following the registration process. Hakainde Hichilema of the United Party for National Development (UPND) and Brigadier General Godfrey Miyanda of the Heritage Party (HP).639 entries. that figure only represented 71% of the targeted voter registration figure. These included acting President Rupiah Banda of the ruling Movement for Multiparty Democracy (MMD).700 voters’ cards. The exercise was conducted country wide from 21 to 26 September 2008 and resulted in the printing of some 67. 30 October 2008 Final Report Page 14 Central Statistical Office. Several small opposition parties withdrew from the race and decided to back the candidate of the ruling party Rupiah Banda. However. Michael Sata of the Patriotic Front (PF). as more than 93% of the observed polling stations received a favourable evaluation. The following results. the number of Zambians 18 years and older was 6. registered voters received a Voter Registration Card. The overall assessment of the opening and polling procedures was rather positive. 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. visited a total of 753 polling stations. 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.140. are therefore only indicative. However.517. Polling Watchers. As of 1 August 2006.EU Election Expert Mission Republic of Zambia – Presidential By-election.053 eligible voters. representing 8% of the total.

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

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

The 2008 presidential by-election was marked by a low voter turn-out. and no results with a breakdown by polling stations were made public by the ECZ20. eliminated an important number of voters which would have probably participated in the election. party agents could compare the respective polling station results announced at polling stations to the results tabulated at the constituency centre. he was in the lead for two days. won the elections by receiving only 35.683 votes. not all protocols with results per polling station were faxed and received prior to the final declaration of the results 20 If present. The candidate of the UPND. 30 October 2008 Final Report Page 17 November. according to various sources: (1) voter apathy and (2) the tone of the campaign. Rupiah Banda (40. one day earlier than originally planned by the ECZ18. Brigadier Godfrey Miyanda of the Heritage Party (HP) received 13. In addition. as prescribed by the Electoral Act. A similar crosscheck of polling station results could not be done at the national level . 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. 19 According to the ECZ. in cases where voters lost their voter cards. received comparatively a very low number of votes. As opposition candidate Michael Sata had more support in the urban areas. 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. The MMD candidate Rupiah Banda was sworn in less than 2 hours after the declaration of results. Support for the ruling party candidate Rupiah Banda. representing 0. However. Out of the 3. 45. i. voter turnout decreased by 25 percentage points. was more evenly distributed among all provinces. the results were expected to be announced from 3 November onwards.13%) of the Patriotic Front. although he obtained 5% less of national votes than in 2006. as the collection of results and election materials from polling stations in remote rural constituencies lasted more than one day.4% of registered voters in Zambia. i. the first partial announcements of results were mainly based on urban constituencies. Similar to the previous presidential election in 2006.7%).76% of the national vote.94 million registered voters. as the Fourth President of the Republic of Zambia. Only copies of protocols with total election results per constituency were distributed19 to party agents. Michael Sata (38. Presidential Election Results The MMD candidate. The decision of the ECZ not to carry-out the continuous registration process.e. Hakainde Hichilema (19. journalists and to monitors and observers.EU Election Expert Mission Republic of Zambia – Presidential By-election. In addition to the announcement and display of election results on two large screens. who was the most successful candidate in the Southern province. in the remaining provinces. Rupiah Banda took the lead only after more than 130 constituency results were tabulated and announced on 2 November.e. hard copies of the results were delivered to political party representatives.000 more votes than his main opponent. only a fraction of them 18 Presidential results should be announced as soon as possible after Election Day. only 1. According to the ECZ’s schedule. Michael Sata won the elections in four of nine of Zambia’s provinces but. In comparison to the 2006 tripartite elections. came third as in the previous presidential election.79 million voters cast their vote.09%). The main reason for this decrease is.

Freedom of assembly was not constrained by police or other authorities.596 (1. Acting-President Banda used the official ceremonies extensively to promote himself. IV. social groups. not all applicants for a new card were able to collect them on Election Day. CAMPAIGN The campaign was generally conducted in a peaceful and orderly manner.EU Election Expert Mission Republic of Zambia – Presidential By-election.0% of invalid votes. PF campaign debates were disturbed (Journalist Forum on 17th Oct. Public campaign activities were performed with a low profile and mediadriven. traditional chiefs and churches. Locally.000 votes and that some 700. stating that Michael Sata (PF) would be leading with 46% of support from the electorate. television and newspapers by canvassing associations. mobilization was low. PF supporters displaying posters were beaten. Violence/ Harassment In the last two weeks before Election Day. which is significantly lower than in the previous elections. The endorsements are announced in radio. the returning officers mistakenly disregarded the figures when completing the results protocols per constituency . attacks against PF supporters were reported on a daily basis in the media. The two main candidates were on tour around the country. 30 October 2008 Final Report Page 18 (74. The number of invalid votes decreased to 23. Candidates may get a welcome present to show support or make promises in exchange for endorsements. This was mainly due to problems the ECZ was experiencing with their production and timely distribution. according to the EU EEM roving team. A specific trait of the campaign in Zambia is the traditional endorsement of a candidate. Information regarding the possibility to request a replacement voter card was not effectively advertised and.75%) recorded in only 110 constituencies21instead of in all 150 constituencies. fueled by an opinion poll launched by market research company Steadman Group. Taking into account that the difference between the winner and the second candidate is of 35. The candidates used Independence Day (24th October) to gain more support and attack each other. the MMD 21 The 2006 presidential results of 40 constituencies were published with 0. which influenced their campaign. According to the ECZ.3%). A week ahead of Election Day. with some isolated incidents taking place as explained below. the campaign heated up. trade unions.936 (1. where the total figure of invalid votes was 48.000 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).). Rallies were the main campaign activity for all parties. for a party or candidate. In one occasion. in Munali constituency. 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. rather than in the streets.200) were able to apply for a duplicate card during the one-week period in September. MMD was facing internal disputes after the heavily contested nomination of Rupiah Banda as their candidate. The implementation of the Public Order Act did not raise major concerns among the stakeholders.

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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.

V.

MEDIA

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
22

Interview Director General Salasini, 21 October

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. In addition. HP 1 out of 1 23 . opposition candidates did not receive most of the times coverage including sounds/images23. who was always referred to as the “acting President” and never as the “candidate”. while the other candidates where more or less not covered at all. etc. PF 8 out of 18. Throughout the month of September Banda (MMD) received an average of 8. Most of the reports were single –sourced. UPND 8 out of 17. 30 October 2008 Final Report Page 22 received about 16 minutes (in a 30 minute program) of coverage). Usually stories on candidate and acting President Rupiah Banda were the opener and were accompanied by footage. According to the monitoring results of MISA. the hierarchy of the evening news programme was predominantly in favor of Banda.EU Election Expert Mission Republic of Zambia – Presidential By-election.10 minutes of coverage per programme.

interview 28 October). “The one man government . and article 13 (2) sets a limitation to bought airtime for 30 minutes. ZNBC General Director Salasini stated that these provisions: “do not make sense. but insisted on a live debate following the campaign programme. 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). sometimes violating ethic standards (“Sata–nic files”. Article 13 (1) of the Electoral Code of Conduct stipulates that air-time should be equally allocated to all political parties. Lusaka. Only some of the community radios resisted the temptation to earn good money by selling air time to different candidates. . even though they are obliged by their constitutions to abstain from partisan politics. These adverts usually exposed the opponent (Sata). it does not correspond to our reality” (Interview on 22 October). per week. 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. per medium. Some broadcasters (Catholic Yatsani Radio.EU Election Expert Mission Republic of Zambia – Presidential By-election. with the candidates answering questions from the listeners.Dictator”). sold airtime to candidates.

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

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

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

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

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

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

In total 43 watchers attended the debriefing. among them. Her efficient support was greatly appreciated. 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. follow the ECZ car to the collation centre and observe the hand over. 37 teams were still due to check-in with the operation room. As agreed during the EU Head of Mission meeting. which took place on the 21 October. had volunteered to help the EU EEM experts to receive the phone calls from the various diplomatic watcher teams. the EU EEM found out that a misunderstanding existed as to the extent of their collaboration in the joint watching exercise. At 08. Opening procedures were watched at 64 polling streams. the focal points from the various participating embassies were asked to attend. All teams were supposed to wait at the end of the count that the presiding officer was collected by an ECZ car. while all the other diplomatic watchers were warmly invited. At 04. On Election Day + 1. where preliminary results were made public. which represented 8% of the total number of streams. a list of issues to be discussed was sent through the focal points.00 am on October 31st. 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. The operations room set-up in the meeting room of the EC Delegation was fully equipped and provided for excellent working conditions. only eight phone calls were received through the hotline which pointed out the late delivery of the replacement voter cards in Lusaka city. The count was observed in 69 polling streams.00 to 17. verification of the results and totalling at the collation centre. Debriefing A general debriefing session was organised on 3 November.00. 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. Election Day and Election Night During Election Day.00am when calling-in these teams to gather their results in order to be in the position to produce statistics.EU Election Expert Mission Republic of Zambia – Presidential By-election. 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. The Second Secretary of the Netherlands Embassy. polling and counting (including results). as well as an evaluation form covering the different aspects of the training provided. . 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. the fifteen teams deployed by the US Embassy. who participated in the EU EOM Zambia 2006 as a locally recruited short term observer. and the fifteen teams reported directly and exclusively to their embassy. 753 polling streams were observed throughout the day. from 14. Prior to the debriefing session.

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

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

Moreover. after the adoption of the Paris Declaration on Harmonization and Aid Effectiveness in 2005.000 Kwachas . varied between 120. the main issues and activities the four NGOs normally pursue include: good/local governance. 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. leadership. However. Since Zambian civil society organizations depend almost exclusively on grants from foreign donors. human rights and gender.20 USD). i. Yet. the most notable. Instead. and the issuance of a common report was only enforced by the main donor (DFID). the total payment including transport/subsistence/communication costs. funding. and the ZNWL’s budget almost doubled after receiving the grant for election monitoring. conflict management and peace building. For instance. the 2008 funds of FODEP almost tripled. FODEP has complained that it has become increasingly more difficult to secure funding for their regular activities. with some 10 paid staff in their HQs. and their observation focus and methodology. 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. constitution/electoral reform. As in 2006. and can boast a quite developed regional presence with volunteers at both the provincial and district levels.e. which provoked a number of deflections and shifts among monitors seeking the best deal. The monitors were not obliged to sign any NGO specific pledge or code of conduct. 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. these four NGO’s presented their project to DFID. they agreed on the same allowance to be paid to their monitors (80. Even though these NGOs prepared and presented a common project.EU Election Expert Mission Republic of Zambia – Presidential By-election.000 Kwachas (around 30 USD) with SACCORD to 230. they did not create a steering committee or board of directors. jointly with other donors. the four NGOs launched the first discussions concerning the coordination of their monitoring activities as early as in mid-August. ZNWL and SACCORD which had cooperated already during the 2006 tripartite elections. which observed the first multiparty elections in 1991. it is not surprising that each organization has issued its own separate statement. made available over 6 billion kwacha (around 1. Subsequently.6 Million USD). All four NGOs are based in the capital.000 Kwachas (60 USD) provided by AVAP. Nevertheless. Yet. they have met and coordinated only on an adhoc basis. past monitoring experience. The mapping covered their regular scope of programme activities. The total amount of funds provided to each NGO reflected the approximate number of polling streams the NGOs committed themselves to cover. This money was channelled through FODEP to the remaining three NGOs. With the stated number of 8. before the demise of the President. which eventually. internal structure.765 monitors who actually observed on Election Day and . AVAP. was the loose consortium of four NGOs: FODEP. which substantially boosted their 2008 budgets. The overall direct costs paid to monitors did not exceed one third of the total funds received for the election monitoring by each NGO. mode and coordination of the deployment of monitors. Therefore. Apart from election monitoring. which could increase their loyalty and accountability. and civic education. FODEP is the direct successor of the first Zambian domestic monitoring association “Zambia Elections Monitoring and Coordinating Committee”.

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

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

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

Mobile voter registration units should be used to reach voters who are unable to reach stationary locations. as well as a timetable for the filing and resolution of petitions. and each electoral officer should work on the basis of clear terms of reference. A thorough operational plan should precede each future election. or at least ad-hoc registration exercises should be implemented annually. observers and the media. This recommendation from the EU EOM 2006 was partially implemented. The eventual goal of the government could be the introduction of an effective civil register. Certificate of Authority 12. Such a calendar would regulate dates and time periods for all aspects of the voter registration process. 15.EU Election Expert Mission Republic of Zambia – Presidential By-election. and determine clearly which section of the ECZ is responsible for their implementation. a detailed election calendar. 14. Special provisions could also be introduced to register the homebound. candidate nominations. Voter registration should. from which the voter register can be extracted. Introduce continuous voter registration 13. In order to ensure fast. 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 accreditation of monitors. election campaigning. in the meantime. prior to the 2011 elections28. Appropriate departments should be established within the ECZ’s Directorate. 30 October 2008 Final Report Page 37 Ensure efficient and accountable election preparations 9. possibly. the training of electoral staff and voter education activities. be conducted on a continuous basis. 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. 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. voters living abroad. This measure should be implemented by the ECZ and will enable thousands of polling agents and domestic monitors to vote. To this end. as well as security personnel assigned to particular polling stations. as many of those who are on a duty are not registered in that particular polling district. hospitalized and. 10. should be produced for future elections. Polling agents and domestic monitors. It should address the timely purchase. storage and delivery of election materials. including one specifically for the training of electoral staff. 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. are entitled to receive the Certificates of Authority to vote on Election Day. incorporating all legal and operational timelines. efficient and accountable election preparations. 11.

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

ZNBC’s internal programme guidelines should also be refined to ensure proportional access to candidates in important programmes such as news bulletins. In line with the increasing trend in international law. This should clearly establish the amount of airtime each candidate is entitled to during the campaign period. In light of the failure to establish the Media Council of Zambia as a credible and operational body. An agreement should be reached on time slots for electoral coverage/ advertisement in all media. the media community should revise it and develop measures to ensure that a functional and effective self-regulatory body is established. . with equal space and airtime for each candidate. 26. and government’s public relations arm. as indicated in the legal reform of the sector. ZANIS agency’s status and mandate should be transformed to separate the news collection and provision. 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. 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. Structural reform 25. 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. 27. To coordinate above-mentioned recommendations and others submitted by various stakeholders (including the EU EOM 2006). 24. Subsequently the civil courts should be made the appropriate mechanism for redress. 30 October 2008 Final Report Page 39 23. Failing this. consideration should be given to decriminalizing the offence of defamation.EU Election Expert Mission Republic of Zambia – Presidential By-election. The 30 minutes clause should be reconsidered if there should be an amendment to regulate the buying of airtime for whole programmes. More refinement and legal certainty should be developed for the provision of free access slots on ZNBC for candidates and parties. 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.

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

Decentralize tasks 4. 30 October 2008 Final Report Page 41 Annex 1 Priority. Restructuring of ECZ 2. Constitutional reform fast track on electoral provisions 2. Clarify lines of communication between Commissioners and Directorate 3. Declaration of presidential results by ECZ instead of Chief Justice 7. Funding as % of total budget 6. Dedicated Electoral Tribunal 3. Appointment of ECZ Commissioners 5. Secure secrecy of vote ELECTORAL COMMISSION 1. Electoral system 4.EU Election Expert Mission Republic of Zambia – Presidential By-election. 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 . Allow marginalize to register/vote 6. Continuous voter registration. Women quota 8. including mobile teams 5. timing and degree of difficulty in implementing proposed actions Action Yes CONSTITUTION/ELECTORAL ACT 1.

publish reports on meetings 12. Establish a packing chart and floor plan at Collation Centre 20. Revise use of OMR forms 18. Publish Electoral Calendar 13. Wait for hard copies of results forms to be delivered to declare final results 22. 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 . Consistency between various legal instruments 9. Improve accreditation of monitors 16. Deliver Certificates of Authority POLITICAL PARTIES 1. 30 October 2008 Final Report Page 42 Action 7. Publish individual Polling Station results at national level 21. Adoption of political party law. Increase time to deposit candidatures for all elections 14.EU Election Expert Mission Republic of Zambia – Presidential By-election. Improve manuals 11. ECZ to hold open meetings. including finance regulations 3. Review delimitation of constituencies to balance the number of voters 8. Facilitate forms used for counting 17. ECZ to be more proactive in dealing with breaches of Code of Conduct 15. Revise malpractices and penalties of Code Of Conduct 10.

30 October 2008 Final Report Page 43 Action 2. Undertake permanent civic education 2. Amendment of Electoral Code of Conduct (articles 13. 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 . Joint effort of the donor community to support media performance through training 8. Support civil society in electoral reforms advocacy MEDIA 1. 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. instruments and personnel to monitor & enforce compliance or Media Monitoring House 3. Diversify and strengthen work of the PR department of ECZ 4.EU Election Expert Mission Republic of Zambia – Presidential By-election. Freedom of Information Act 5. Media Law reform: Independent Broadcasting Authority. Transform Media Council into working body 7. ECZ: Body equipped with funds. 14) 2.

000 Transport . Kafue. Monitoring of the AU’s African Peer Review Mechanism (pressuring the government to follow the APRM) 5.unpaid provincial committee members (9 in each) and unpaid district committee members (8 in each) Registered Members: 7. 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.000 for E-day (for PVT monitors 100. where recorded and analysed Any specific Code of Conduct or Pledge: Prepared but not distributed and signed Allowances paid to monitors: 40. community radios discussions) 4. Kapiri Mposhi.11 paid staff (3 programme officers) in the secretariat . ZNWL and Avap 2008 Monitoring Coverage: Covering all 150 constituencies Some 2. and the Citizens Forum Election Monitoring Past Election Monitoring Activities: 1991 as ZEMCC 1996 with around 10. 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: . Chongwe) 3. Local Governance and development (focusing on accountability of leaders and decentralization – fieldwork in the districts of Mumbwa.000 (in 2001 around 10.4 Billion Kwacha ( around 370. 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) 10. Solwezi.000 monitors 2001 with around 6.000 Talk time 30. Kaoma.000 meal 80.all FODEP monitors used the same PVT forms All forms quickly sent to the HQ. Human Rights (focusing on advocacy.000) Cooperation with other NGOs: with Zambian Centre for Interparty Dialogue. the firsts monitoring organization in the country The Mission: To promote and strengthen the institutions and operations of democracy.000 monitors 2006 with around 2.000 USD) for regular monitoring DFID – 352. atmosphere and incidents Election Monitoring Methodology: . member of the past Electoral Reforms Technical Committee) 2.000 monitors an coordinated exercise with Saccord.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. Programme activities: 1.EU Election Expert Mission Republic of Zambia – Presidential By-election.

Some 2000 actually observed and have reported their findings Funding for election monitoring/education: DFID – 1. 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 (2.500 throughout the country. Any specific Code of Conduct or Pledge: None Allowances paid to monitors: 70. legal advisory.the jointly designed quantitative Election Day form All forms sent to and analysed at HQ. In all 72 districts . lobbying and capacity building for women in Zambia Programme activities: 1. treasury and 9 representatives of provinces (one from each) elected by the General Assembly.000 US Dollars) NGO CC Grand Basket – 350 Millions Kwacha (around 92. over 90% women Cooperation with other NGOs: Mainly within NGO CC ( Coordinating Council) unifying 94 women’s organizations.000 USD) DanChurchAid – 9. vice chairperson and secretary Registered Members: 3. 50 in the PVT Project.a gender focused narrative form .) .Participation of women in the campaign (abusive role as dancers etc.000 for training 80. 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. . Governance (by lobbying political parties and MPs) 2.EU Election Expert Mission Republic of Zambia – Presidential By-election.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: . Analysing legal framework (lobbying for constitutional/electoral reform) 4. cooperation on domestic violence with Young Women’s Christian Association Election Monitoring Past Election Monitoring Activities: 2006.unpaid chairperson. Paid staff: 12 persons in the secretariat plus 9 provincial representatives in the National Board. Women's leadership (programmes to educate women in rural areas to become community leaders or local councillors. with some 1100 monitors in an coordinated exercise with Fodep.000 when forms delivered .intimidation Limited focus on election procedures – substantially improved with adoption of the forms jointly designed with the EU EEM Training Team Election Monitoring Methodology: . vice chairperson. and support to female candidates for councillors or MP positions from all parties 3.share of women among PS staff.5 $ annually) Internal structure: National board composed of chairperson.000 E-day 80.2 Billion Kwacha (around 315. Information campaign concerning gender issues with a special focus on domestic violence (plus lobbying MPs. Saccord and Avap 2008 Monitoring Coverage Present in 140 (out of 150) constituencies with 2370 accredited monitors.

Kalomo. fulfilment of the 5th National Development Plan) 2. and conflict transformation) Working with communities in Itezhi-Tezhi. Mambwe and Chipata (Eastern Province). Yet only 1520 actually monitored and have reported. Limited focus on election procedures – substantially improved with adoption of the forms jointly designed with the EU EEM Training Team Election Monitoring Methodology: . misuses of state resources. violent incidents.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. Petauke. later adjusted to 98 constituencies in 7 provinces (Luapula and Northern Province not covered) 1700 planned. Conflict Management and Peace Building (focusing on The Public Order Act. election monitoring) 3. Constitutionalism and Rule of Law (focusing on constitutional and electoral reform. ZNWL and Avap 2008 Monitoring Coverage: Originally planned to observe in 103 constituencies. civic and human rights education. policy and legislative tracking.EU Election Expert Mission Republic of Zambia – Presidential By-election. and Choma (Southern 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.9 provincial and 98 constituency coordinators – volunteers paid on ad hoc basis . Solwezi (North-western Province).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. 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: . 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.000 Transport 20.000 meal 80.a narrative form focused on conflict/intimidation/campaign .9 paid staff (4 programme officers) in the secretariat . including 40 mobile "rowing teams“ and 60 monitors in the PVT project Funding for Election Monitoring/education: DFID . Currently functions as a national NGOs network with partner NGOs in other countries in the region Programme activities: 1.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: 20.000 for E-day .880 Million Kwacha (around 230. Building Local Democracy (focusing on decentralization.

3 provincial coordinators (Luapula. 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. School based democratic governance roundtable discussions (held at primary. ZNWL and Saccord 2008 Monitoring Coverage: 2685 monitors accredited. All 9 reports from the provincial coordinators sent to HQ (12 days after elections not arrived yet). Later all forms sent to the HQ Any specific Code of Conduct or Pledge: None Allowances paid to monitors: 50.000 E-day transport 40.41 staff in Democracy information centres . instances of violence and breaches of conduct .000 for E-day 50.Forms analysed and synthesized at constituency.a narrative form focused on basic polling/counting procedures and irregularities.000 deployment costs Cooperation with other NGOs: No.1. Democracy information centres (public "libraries” specializing on HR and governance in total 18 in provinces and 5 in Lusaka) 2. 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 . Saccord. secondary schools and colleges) 4.000 meal 80. Leadership training for young people in politics (4 to 5 workshops annually in province capitals) 3.4 Billion Kwacha (around 370. Election Monitoring Methodology: . political and voter participation. subsequently district and later at provincial level.EU Election Expert Mission Republic of Zambia – Presidential By-election. Community civic education (discussions with local leaders in 18 districts) 5.13 paid staff (2 programme officers) in the secretariat . irregularities Limited focus on election procedures. 30 October 2008 Final Report Page 47 Anti-voter Apathy Project (Avap) General overview Establishment date: 1995 The Mission: To promote democracy.000 transport for training 20. just making available materials of Fodep. Eastern. ZNWL and TIZ in the Democracy information centres . respect for human rights and other issues related to good governance Programme activities: 1. the number of monitors actually involved not known yet.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. Managing democracy forums (monthly discussions in urban centres with politicians and opinion leaders) 6. 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: .

EU Election Expert Mission Republic of Zambia – Presidential By-election. Mkushi in the Central Province.000 USD for Voter education programme .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. Only 6 monitors from the HQ under the umbrella of Saccord deployed in Luapula. Good leadership – making leaders both elected/ traditional accountable to their electorate/ communities Operating in selected rural communities in the districts of Mazabuka. Kalomo in the Southern Province. Eastern. Choma. Mumbwa. Kaipiri-Mposhi. Southern and Central Provinces Funding for Election Monitoring/education: None for election monitoring DanChurchAid – around 25. 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: . Education on Human Rights 2. 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. 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. Northern. Programme activities: 1. especially women to contribute towards sustainable development and the eradication of all forms of poverty. Sinazongwe.

000 elsewhere) 300. misuses of sate resources.a narrative form focused on conflict/intimidation/campaign designed by Saccord Any specific Code of Conduct or Pledge: None Allowances paid to monitors: 100. Communication. Education and Development 2. Election Monitoring Methodology: .000 USD Programme activities: 1. violent incidents Limited focus on election procedures.EU Election Expert Mission Republic of Zambia – Presidential By-election. 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.000 E-day transport outside Lusaka . sale of farming products. Theology and Ecumenical Engagement 5. 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 for E-day in Lusaka (50. 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 . Gender justice and youth 3. social Justice and Peace 4. 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 USD Diakonia 3.

underline the importance of networking Timeline 14.30 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 .00 – 14. Objective: identify good practices. identify how it could be done better Overall objective: Strengthening institutional capacity. repatriation and analysis of results.05 – 15. reporting timeline. identify what could be done better.45.15. observation methodology.EU Election Expert Mission Republic of Zambia – Presidential By-election. 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.05 15.45 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 14.15 – 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. improving the observation methodology.

35 16.45 – 16.00 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.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 16.15 – 16.EU Election Expert Mission Republic of Zambia – Presidential By-election. 30 October 2008 Final Report Page 51 Coffee/tea break 15. Cross fertilization of experience .35 – 17.

45 –16. search for common grounds for advocacy Time 14.30 16.10. /reg.00.10 14.14.40 14.EU Election Expert Mission Republic of Zambia – Presidential By-election.00 Workshop.30 15.14. Two working groups selecting two cases each.45 15.30 -17. 30 October 2008 Final Report Page 52 Module 2: International standards for Elections Review of International and regional standards.30 Topic Introduction Identify election related incidents and structures which can be assessed as HR/Gender issues Overview of relevant int. Plenum presentation/discussion break Workshop. Challenges for implementation of the standards. Compilation of HR agreements Case based Flipchart Tools Material 14. EU EOM Handbook.30 –15. Plenum presentation/discussion Open floor discussion regarding future strategies and cooperation Case based Discussion Flipchart Distribution of Zambia HR Com. Objective: identify loopholes. Annual rep. PPP. Compilation of International Standards for Elections.30-14. Assessment of inclusion of standards into national legal framework.40 –15. 2007 How to advocate for domestication of international covenants & treaties already ratified . HR/Gender agreements.

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. monitoring the resolution of disputes and analysing Election Disputes. Objective: developing a national framework of analysis of legislation. identify loopholes to address through advocacy strategy. 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. treating by political parties and offences by media houses. 30 October 2008 Final Report Page 53 Module 3: Analysis of legislation Importance of legal analysis. 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. Constitutional Review Commission. developing an election disputes table. electoral system .EU Election Expert Mission Republic of Zambia – Presidential By-election.

00 – 14. What are the methodology and principles for assessment of election administration? Identification of main shortcomings. analysing positive and negative elements of the current election administration using principles for genuine elections. professionalism Group work .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. 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. permanent staff Better understanding the structure and composition of the electoral administration in Zambia Group work . identify what can be done to improve performance Overall objective: Strengthening capacity. underline the importance of NGO regular contacts with ECZ and identification of future NGO projects aimed to improve the electoral process.EU Election Expert Mission Republic of Zambia – Presidential By-election.05 15.15 – 14. Objective: identify main problems and shortcomings.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 . impartiality.45 One spokesperson per group present the results of his/her working group Module 2: Assessing Electoral Administration Against principles :Transparency.05 – 15.45. structure.45 Divide the trainees in two working groups: Module 1: Electoral Commission composition. improving knowledge of how to assess performance of election administration. Timeline 14. method of nomination of commissioners.how ideal ECZ should look like? 14.

EU Election Expert Mission Republic of Zambia – Presidential By-election.00 – 16.05 16.00 One spokesperson per group present the results of his/her working group . 30 October 2008 Final Report Page 55 14.45.30 – 17.30 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 16.15.

15 – 16.15 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 14.30 One spokesperson per group present the results of his/her working group Common discussion Coffee/tea break 15. strategy to monitor and document “money politics” Objective: developing checklist to document abuses of state resources and vote buying/treating. 30 October 2008 Final Report Page 56 Module 5: Monitoring Politics Candidate and party registration. Senegal & Tanzania Country information extracted from NDI’s “Money in Politics.15 – 14.05 – 15. Uganda & Ghana Group 2: Peru. how to document those malpractices Group 2: definition and examples of vote buying & treating.00 – 14.45.35 – 17.45 – 16. Monitoring the election campaign.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.EU Election Expert Mission Republic of Zambia – Presidential By-election. a case study of 22 countries” 16.35 16. South Africa.15.45 Divide the trainees in two working groups: Group 1: definition and examples of abuse of state resources.05 15. Bulgaria. How to advocate for a Political Party Act. Timeline 14. formulate proposals for transparent financing of political campaign. 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. Nepal. how to document those malpractices 14. formulation of proposals for transparent financing of political campaign in Zambia. Romania. model of allegations/incident report form Expected outcome .

codes? Group work. freedom of media Getting insight into fundamental principles of MM for NGOs MM for NGOs: ideas for 2011 16.14. Electoral codes….30 14. Role play using the above complaints Checklist media ethics.30 -17. government.00 Presentation of the complaints Legal framework PPP Flipchart to gather complaints Overview International Laws and Codes on Media Freedom 15.15 15.00 – 16.20 Topic Introduction Complaints about the media Role Play: Journalist. impartiality of their coverage.15 – 16:00 Break Complaints: which violations of which laws. Time 14.10 14. and developing instruments for detecting possible restrictions in the work of media.00 NGOs how to use media monitoring Discussion . Getting acquainted to use laws in defending freedom of speech. ECZ.EU Election Expert Mission Republic of Zambia – Presidential By-election.14.00.20-14.30 – 15.00 – 15. 30 October 2008 Final Report Page 57 Module 6: Media and election Assessment of the legal framework governing media.30 Media Monitoring PPP 16. media monitoring Objective: identifying tools for assessing the level of fairness of candidates/parties' access to media. citizen. women’s health organization complain Own experience Reflect different perspectives on media performance Tools Material Expected outcome 14.10.

Togo 11. 18 December 1979 Amendment to article 20. 16 December 1966 Optional Protocol to the International Covenant on Civil and Political Rights New York. 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. Social and Cultural Rights of 1966 International Convention on the Elimination of All Forms of Racial Discrimination New York. 22 November 1995) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women New York. 7 March 1966 Convention on the Elimination of All Forms of Discrimination against Women New York. 6 October 1999 Convention on the Rights of Persons with Disabilities. Maputo. aiming at the abolition of the death penalty (New York. Burkina Faso. Ouagadougou. paragraph 1 of the Convention on the Elimination of All Forms of Discrimination against Women (New York. 11July 2003 03/08/05 02/06/06 . 16 December 1966 Second Optional Protocol to the International Covenant on Civil and Political Rights. New York.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. Lome. 10 June 1998 Protocol to the African Charter on Human And Peoples' Rights on the Rights of Women in Africa. 15 December 1989 International Covenant on Economical. Mozambique. 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.EU Election Expert Mission Republic of Zambia – Presidential By-election.

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. International Covenant on Economical. AU and SADC internet pages Reservation: 3. in so far as it relates to primary education. and particularly the financial implications. as amended Declaration on Gender and Development Charter on Fundamental Social Rights in SADC Protocol on Culture. since. 30 October 2008 Final Report Page 59 SADC Declaration and Treaty of SADC The treaty of SADC. the problems of implementation. 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.EU Election Expert Mission Republic of Zambia – Presidential By-election. 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. 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.

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