In view of the upcoming general elections scheduled for 12th August 2021, the Government of the Republic of Zambia has already invited international organizations to observe the elections which is generally anticipated to be a two-horse race between the ruling Patriotic Front and the main opposition, the United Party for National Development. Although the Zambian legal framework makes no distinction between an observer and a monitor, it is widely acknowledged that an observer refers to an international organization while a monitor relates to a local institution monitoring an election.
Election observation and monitoring is recognized by the Constitution of Zambia and the Electoral Process Act No 35 of 2016 as well as the Electoral Code of Conduct. And one of the key constitutional functions of the Electoral Commission of Zambia (ECZ) is the accreditation of observers and monitors. Upon accreditation, which is free by statute, the observer is provided with an information pack by ECZ, which outlines the Zambian electoral legal framework, security protocols, and contact details for field electoral officers.
Basically, election observation seeks to:
- Generates public con dence in the electoral process,
- Assists unsuccessful parties to accept the election results,
- Offer solidarity and goodwill to the host country,
- Serve as peer review mechanism for member states of regional and continental bodies.
For instance, the African Union and SADC have set electoral benchmarks and best practices which member
states should strive to attain. These are peer reviewed during electoral observations. Since 1991 general
elections, Zambia has been peer reviewed by the SADC Parliamentary Forum, the African Union, the
European Union and SADC Electoral Commissions Forum, among others. These organizations provided
useful insights which improved the management of elections such as:
- The need to count ballot papers and announce the results at the polling station and not at the collation center as was the case before
- The need to paste the result sheets at the polling station for transparency
- The signing of announcement of results forms by party agents and monitors,
- The need to specify the date for general elections in the constitution
- The need for speedy resolution of election disputes, among others.
Upon accreditation, observers and a monitors are expected to:
- Carry out their duties impartially,
- Notify electoral authorities about any perceived electoral malpractices noted during the course of their work,
- Recognise the authority of electoral officers, hence shall not interfere in their duties, and
- Put on their accreditation details for ease of identification,
- Be trained sufficiently by their organizations.
An observer or monitor shall not:
- Forecast or disclose the election results before the ECZ announces the results of the poll,
- Show support or favor any one of the candidates or political party,
- Engage in political activity,
- Engage in corruption or bribery,
- Carry dangerous weapons in the course of duty.
The ECZ is empowered to revoke the accreditation of an observer who contravenes the above requirements or provisions of the Electoral Code of Conduct.
Legally, the testimony of observers and monitors is rated highly by the courts during election petitions and is comparable to police officers manning polling stations. This is due to the independent nature of their duties. During the 2001 Presidential petition, the European Union testifed on the electoral malpractices noticed during the polls such as irregularities in the voters register, and on discrepancies between parliamentary and
presidential results.
All in all, election observation remains cardinal in validating the results of the poll and cements public con dence in the process and well as serves as a learning curve to host nations.
Eric M Kamwi
June, 2021