Long Term Observation Report February 2014 BACKGROUND Malawi will be holding fifth multi-party general elections in May 2014 and these elections will be different from the past four elections parliamentary and presidential elections because they will be tripartite i.e. parliamentary, presidential and local government elections. There is strong expectation that the entire electoral process will be complex for most Malawians. At the same time it is anticipated that the electoral staff will be overwhelmed by the amount of work that they will have to do especially during polling and vote counting. Such being the case it is anticipated that the conduct of the entire electoral process will be a challenging undertaking by Malawi Electoral Commission (MEC), political parties, civil society organizations, candidates, aspirants and voters. As such it is critical to observe the entire electoral process and to this end MESN will be observing the entire electoral process before, during and after the election. Long term observation will act as a quality control check and improve public confidence and integrity of the electoral processes. LONG TERM OBSERVATION (LTO) EXERCISE The Long Term Observation (LTO) exercise is one of the several observation efforts being used by MESN to collect information on the conduct of the May 20 Tripartite Elections. It is the systematic process over a period of time prior to, during and after an election to assess different aspects of the electoral process in order to provide an independent evaluation of its fairness. Under the LTO exercise, among other activities, information on nomination process, inspection of interim voters register and campaign will be collected from a constituencies located across Malawi. This process enables election MESN to make an objective assessment of the environment under which the elections are held. MAIN OBJECTIVE OF THE LTO EXERCISE To build capacity of credible non-partisan domestic observers and to effectively monitor the entire electoral process for 2014 tripartite elections. SPECIFIC OBJECTIVE OF THE LTO EXERCISE 1. To assess whether the conditions for a free and fair election exist ahead of 2014 Elections 2. To document all election related events prior to, during and after the 2014 elections in order to objectively inform the citizens of Malawi and other interested stakeholders 3. To use information provided by the MESN long term observers to take relevant intervention measures 4. To use the observations made by the long-term observer to advocate for electoral reforms 5. To publicize all election related developments in order to minimize electoral malpractices 6. To enhance confidence in the electoral process through the highlighting and commending of the best practices in the run up to the election 7. To identify and highlight hot spots ahead of the short- term observation of elections 8. To encourage citizen participation in the political process 1|Page DEPLOYMENT METHODOLOGY Deployment of our LTO observers employed the purposive approach. The purposive sampling technique was chosen because of the program’s special interest in political hot spots during the electoral processes of the 2014 tripartite elections in Malawi. These hot spots are areas that we identified as having closely competing candidates or have a past tainted with rampant violence and fraud. In some of these areas the potential for extremely high tensions is often extremely high because of the election fever among the candidates in the constituency which often results from controversial changes of political allegiance by some key figures in some political parties. Thus such dynamics often provide a fertile ground for incidents that either directly or indirectly affect the conduct of elections and determination of the eventual winners and losers. OVERALL ASSESSMENT-HUMAN RIGHTS AND POLITICAL ENVIRONMENT Overall our assessment as per the LTO reports the electoral processes in February have largely been held in conformity with legal framework in the country and the international standards of conducting elections. Unfortunately, there are areas where electoral malpractices and misconduct, like intimidation, harassment, voter buying and abuse of public service- in which the electoral process could be improved, have been observed. This is very unfortunate, nevertheless it serves as a wakeup call to all electoral stakeholders, primarily MEC to strengthen its control machinery, to ensure that these ills to the electoral process do not spiral up and graduate into wide spread and uncontrollable incidents thereby derail the integrity and quality of the elections. Political parties conduct On a positive note, our observer mission established during the month of February political parties as well as other independent candidates are geared to ensuring that the forth coming tripartite elections are of high standards. Many key political parties ensured that their parties embrace intra-party democracy. This was manifested by their commitment to conduct primary elections to identity representatives in the parliamentary and local government races. It was more pleasing to note that even women and youth were given the platform to exercise their right to participate in these primary elections. However, this good development was tainted by attempts to impose the-would-be torch bearers either directly and indirectly. Most of the heavy weights that were being imposed on the electorate were heavy weights in the party and had influence from the parties’ leadership. This was even very evident in some instances where the heavy weights lost the contest owing to the fact that unjustified reruns were not only called for but also held though attempts were made to challenge them. There are now several candidates who have opted 2|Page to contest as independent candidates but formerly loyal members of some specific political parties which is largely a consequence of lack of mature intra-party democracy in some political parties. Another positive element of activities at the intra-party level is that the platform was levelled for eligible party members to participate. Different individuals including women therefore took advantage of this opportunity to express their ambitions to contest for the parliamentary seat on their party tickets. Several women come in open to show their ambitions in most parts of the country in all the political parties that held intra-party primaries. It was disheartening to see that some female candidates encountered some opposition from some party zealots who intimidated and harassed them during their campaigns. Much as the marginalised groups of women were given the opportunity to take part as candidates, the outcome of the primary elections was largely not in their favour. Most female candidates lost the elections which is an indicator that chances of achieving 50:50 representations in parliament and local government are very dismal. This dismal performance was also established to be a consequence of lack of enough financial resources on the part of the female candidates. At the inter-party level, the observer team noted that there were instances of escalating political intolerance, harassment and intimidation though on a small scale among different political parties. Peoples Party (PP) and United Democratic Party (UDF) followers and supporters have been identified as perpetrators of this deplorable misconduct against other political parties like DPP and MCP. On a different note, there have been reports of voter buying and favouritism towards party zealots in government maize distribution campaign to those who food insecure by PP, the ruling party in a number of constituencies across the country. Nevertheless, there were no reports of creation of no go zones. It was encouraging to note that No political party or candidate or known authority has been observed or reported to have set a “no go zone” area within the constituencies. OBSERVING THE NOMINATION PROCESS Observing the Presidential candidates nomination This process saw 12 candidates expressing interest to contest for this presidential vote. It was observed that all the candidates were accorded equal opportunities during the presentation. This includes the time, the platform to make speeches as well as candidate or party supporters to express their loyalty to their favorite candidates???? Observing the Parliamentary and Local government candidates nomination The candidates and supporterspolitical rights and freedoms were respected and there was enough security presence at all nomination centres at the district councils. However, a number of candidates had challenges when filling the nomination papers. They were sent back to make the necessary corrections. For instance, some candidates were not 3|Page able to comprehend the language on the forms and therefore could not correct responses. Some candidates who were not successful brought their nomination papers without the required bank deposit slip. Others had their nomination papers rejected because they delegated the presentation task to other people. While other candidates were rejected for showing up late for the presentation. CIVIL SOCIETY ORGANISATIONS Presence of accredited civil society organizations MESN reports that several accredited CSOs to conduct civic and voter education (CVE) have their presence in almost all the constituencies. These civil society organizations include: National Initiative for Civic Education Trust (NICE), Pan African Civic Educators Network (PACENET), Youth Network Counselling (YONECO), Catholic Commission for Justice and Peace (CCJP), Public Affairs Committee (PAC) and Church and Society of Blantyre CCAP Synod. It is noted that not all the accredited CSOs have embarked on or rolled out their CVE campaigns yet. This delay or absence may be attributed to lack of financial resources. Despite the constraints on some CSOs to do CVE, those who have already embarked on CVE are doing it professionally and as per the election standards. We have assessed that the CVE is being conducted in a non-partisan manner. These CSOs use public meetings, drama and ICT materials. On a positive note, we also noted that these CSOs included underrepresented groups such as women and the persons with disabilities during their public meetings. SUMMARY OF CONSTITUENCY OBSERVATION CONSTITUENCY Zomba Central CATEGORY Political Violence/Intolerance Phalombe East Political /Intolerance 4|Page SUMMARY OF FINDINGS PP Party supporters removed flags of DPP, UDF and MCP because the Head of State who is also President of the ruling party (PP) was passing. Then UDF DPP and MCP supporters reacted to this action and violence ensued. The actual scene of the incident was Chinamwali trading centre. Violence After the presentation of the nomination papers in Phalombe, DPP supporters and supporters of other parties candidates intimidated and attacked one another. This incident happened at the end of the exercise as people walked back home. The parties supporters threw stones at each other and most of the perpetrators were youth and the victims were women. The Dedza West Use of state resources Mulanje Central Use of State Resources Ntchisi South Mangochi Central Political Violence/Intolerance Mulanje North Political Intolerance 5|Page incidentattracted the attention of the police at Chilinga and some people got arrested. The ruling Peoples Party leadership which also happens to be in government gathered at Mchenga School and distributed maize only to party members and chiefs. The maize is alleged to have belonged to the Malawi Government. However, there were individuals who witnessed the incident and had given the LTO first hand information on the same. DPP aspiring candidate for the constituency Mr Patrick Kantadza who lives in Chimowa village witnessed the area. Use of state resources was observed during the perion under review. A government vehicle for Thyolo District Council, with the registration number MG430Z, was used at the meetings conducted by the vice president of PP for the south, Honourable B. Mpinganjira on 25th February, 2014. The rally took place at Nthulo School ground in STA Ngolongoliwa MESN LTO was informed that some party officials from the ruling party were buying voter IDs from the citizens at a price of MK500. The matter was reported to police and it is under investigation.this is still When a UDF Candidate and his supporters were going to hand in nomination papers at Mangochi District MEC office their convoy met with one vehicle for Peoples Party coming from Namwera with PP supporters. Violence was reported during this encounter The UDF supporters picked and started to throw stones at PP supporters, however, nobody was injured. The matter was reported to Mangochi Police Station and no one was arrested. MESN LTO observed that HonourableNamacha of DPP has mobilized a gang of young people that have been threatening supporters of other political parties that have candidates contesting for the parliamentary seat. This group also existed in 2009 during the Parliamentary and Presidentifal elections and is well known in the constitutency. Ntcheu West Political Violence/ A female aspirant Naomi Chidiwa Intolerance from Ntcheu West constituency who contested in the Peoples Party primaries and won the first round of primary elections, was harassed by party officials. She was later disqualified for allegedly inciting violence. She was harassed by party officials and she went into hiding fearing for her life. Machinga North Political Intolerance Furthermore, there was disruption of East campaign activity when DPP members agreed to undertake a political rally at Mpalangwatu School Ground T/A Nyambi where they were disrupted by political supporters of UDF and PP. Mwanza Central Political Intolerance Supporters of DPP Candidate have created a “no go zones” in the constituency This designation of NO GO zones has seen other candidates belonging to other political parties being barred from conducting meetings in some parts of the constituency. Lilongwe Political Violence MESN LTO witnessed a political fight Kumachengwa between UDF party supportersand MCP supporters. The fighting happened before AtupeleMuluzi came to the constituency for a whistle stop tour at Njerwa. The matter was reported to police and is under investigation. Phalombe East Political Violence Reports of violence in Lipenga Village were made, whereby DPP supporters were beating up PP supporters and a number of people sustained injuries. Machinga North Political Intolerance Political intolerance was observed in East Machinga. Two contesting 6|Page candidates in primaries for Peoples Party had a disagreement over the outcome of the elections were not in ones favor. There were quarrels between the two contestants as the loser MrAjiruKantendere complained of favouritism and vote rigging against the other contestant Sheriff Mapasa. This forced one candidate, MrKantendere to opt to run as an independent candidate in the forthcoming elections and his supporters agreed to that. RECOMMENDATIONS 1. From this report it is clear that there is great need for intensive civic and voter education to the larger proportion of the Malawian electorate.In addition, there is need for more funds to accredited CSOs so that they intensify voter and civic education. 2. MESN recommends that all political parties and candidates observe the electoral laws and avoid malpractices that will breach the success of free, fair and credible elections in Malawi. 3. Eligibility requirements for all candidates to participate in elections should be reviewed so that candidates can complete forms on their own. 7|Page