INGO INVOLVEMENT IN DEMOCRACY AND GOVERNANCE

INGO has been undertaking election monitoring as part of its Democracy and Governance thematic focus.
We have been member of the ECOWAS team of election monitors for the Pesidential elections in the following countries:

Cape Verde february 10th - 15th 2006
,

Republic of Benin 18th - 23rd March 2006
,

Gambia 15th - 27th September 2006
and

Mali 29th April 2007
. ..........

Read the reports...

ECONOMIC COMMUNITY OF WEST AFRICAN STATES
COMMUNAUTE ECONOMIQUE DES ETATS DE L’AFRIQUE DE L’OUEST


Mission d’Observation de l’Election
au Cap Vert

Praia, 10 – 15 février 2006

RAPPORT FINAL - Secrétariat Exécutif Praia, février 2006

SOMMAIRE

I. INTRODUCTION

II. INFORMATIONS GENERALES SUR LE CAP VERT

A. Aperçu géographique et démographique

B. Informations administratives

C. Histoire et politique récente

D. Organisation constitutionnelle des pouvoirs publics

III. DEROULEMENT DE LA MISSION D’OBSERVATION

A. Préparation de la mission

B. Observation du scrutin

C. Les résultats globaux provisoires

IV. OBSERVATIONS-ANALYSES

V. RECOMMANDATIONS

VI . CONCLUSION

VII . ANNEXES

· Carte géographique du Cap Vert
· Constitution
· Code électoral
· Termes de référence
· Répartition des équipes d’observateurs par région
· Formulaires d’observation
· Liste des bureaux de vote observés
· Résultats provisoires de l’élection
· Communiqué de l’observation internationale

I. INTRODUCTION

1. Conformément aux dispositions de l’article 12 du Protocole sur la Démocratie et la Bonne Gouvernance, additionnel au Protocole relatif au Mécanisme de Prévention, de Gestion, de Règlement des Conflits, de Maintien de la Paix et de la Sécurité, et en exécution de la Décision A/DEC.19/01/03 de la vingt-sixième session de la Conférence des Chefs d’Etat et de Gouvernement, tenue à Dakar le 31 janvier 2003, qui stipule qu’à la demande de tout Etat membre, le Secrétaire Exécutif peut envoyer dans le pays concerné, une mission de supervision ou d’observation des élections, le Secrétariat Exécutif de la CEDEAO a déployé seize (16) observateurs au Cap Vert à l’occasion du scrutin de l’élection présidentielle du 12 février 2006.

2. La Mission d’Observation de la CEDEAO est constituée de ressortissants des Etats membres, du personnel du Secrétariat Exécutif, des membres du Conseil des Sages et des observateurs formés au Centre International de Maintien de la Paix Kofi Annan, basé à Accra.

3. La Mission est conduite par Monsieur Pedro A. Godinho GOMES, membre du Conseil des Sages. La coordination de la Mission a été assurée par le Dr. Abdel-Fatau MUSAH, du Secrétariat Exécutif.

4. Les termes de référence de la Mission d’Observation sont indiqués ci-après :

(i) Tenir des réunions avec les Autorités compétentes du pays hôte aux fins d’échanges et de détermination des modalités de déploiement des observateurs dans l’Etat membre.

(ii) En tant que de besoin, coopérer avec les ONG et toutes autres missions d’observation tout en conservant son autonomie.

(iii) Les membres de la Mission sont tenus à une obligation de réserve et doivent s’abstenir de toute déclaration individuelle. Toute déclaration est collective et faite au nom de la Mission par le Chef de Mission ou un porte-parole désigné à cet effet.

(iv) Faire rapport au Secrétaire Exécutif. Ledit rapport doit obligatoirement comporter :

· tout ce que la Mission a pu constater par elle-même ;

· ce qu’elle a recueilli par témoignage ;

· son appréciation sur le déroulement du vote par rapport, d’une part, aux lois nationales s’appliquant aux élections, d’autre part, aux principes universellement admis en matière électorale ;

· ses recommandations aux fins d’amélioration des élections à venir et de missions d’observation.

(v) Le Rapport de la Mission d’Observation devra être signé par tous les membres de la Mission et soumis au Secrétaire Exécutif par le Chef de la Mission dans un délai de quinze (15) jours au plus tard à compter de la fin de la Mission.

II. INFORMATIONS GENERALES SUR LE CAP VERT

A. Aperçu géographique et démographique

5. Le Cap-Vert (en portugais: Cabo Verde) est un petit pays insulaire de 4033 km² situé dans l'océan Atlantique, à plus de 600 km au large du Sénégal, la pointe la plus occidentale de l'Afrique. L'archipel est constitué de dix îles et de cinq îlots. Au nord, les Îles-du-Vent (Ilhas de Barlavento) comprennent Santo Antão, São Vicente, São Nicolao, Sal et Boa Vista. Au sud, São Tiago (ou Santiago regroupant la moitié de la population), Brava, Fogo et Maio forment les Îles-sous-le-Vent (Ilhas de Sotavento). La capitale du Cap-Vert est Praia (île de São Tiago). Administrativement, le Cap-Vert est formé de 17 districts ou concelhos: Boa Vista, Brava, Calheta, Maio, Mosteiros, Paul, Praia, Porto Novo, Ribeira Grande, Sal, Santa Catarina, Santa Cruz, São Domingos, São Nicolau, São Filipe, São Vicente et Tarrafal.
6. La population capverdienne est majoritairement issue d'un mélange d'Africains et d'Européens, avec 80 % de Métis ou Mestiços, les descendants des anciens esclaves africains et des colonisateurs européens; les Blancs ne représentent que 2 % de la population. La moitié des Capverdiens est concentrée sur l'île de São Tiago et l'île de São Vicente (voir le tableau ci-dessous).
Île Population Superficie
Santo Antão 43 845 779 km2
São Vicente 67 163 227 km2
São Nicolau 13 661 346 km2
Sal 14 816 216 km2
Boa Vista 4 209 620 km2
São Tiago 56 082 991 km2
Maio 6 754 269 km2
Fogo 17 582 476 km2
Brava 6 804 64 km2
Santa Luzia Inhabitée 35 km2

7. Suite à diverses vagues d'émigrations, plus de 700 000 Capverdiens vivent aujourd'hui à l'étranger, surtout aux États-Unis (250 000), au Canada, au Portugal, en France, en Espagne, en Italie, aux Pays-Bas, en Guinée-Bissau, au Sénégal, en Angola, etc. Marquée par cinq siècles de présence portugaise, la population capverdienne, d’environ 434 625, est majoritairement catholique (95 %).

B. Histoire et politique récente
8. Il est probable que les îles du Cap-Vert étaient inhabitées lorsque les Portugais y accostèrent en 1456. Cependant, il n'est pas certain que ce soit vraiment les Portugais qui les aient découvertes. Des historiens croient que cette découverte est plutôt due à des navigateurs vénitiens et génois. On sait aussi que ces îles furent fréquentées depuis longtemps par des pêcheurs sénégalais.
Une colonie portugaise
9. C'est en 1460 que le navigateur, Diogo Gomes, prit possession de l'archipel au nom du Portugal, qui devint domaine de la Couronne, après que les droits portugais sur les îles eurent été consacrés par le traité de Tordesillas, en 1494.
10. En 1951, à l'instar des autres possessions portugaises, le Cap-Vert devint un territoire d'outre-mer. Cinq ans plus tard, en septembre 1956, Amilcar Cabral, un ingénieur agronome d’origine Capverdien mais formé à l'université de Lisbonne, fonda le Parti africain pour l'indépendance de la Guinée portugaise (future Guinée-Bissau) et du Cap-Vert (PAIGC). À partir de 1959, il s'engagea dans la lutte armée contre le colonisateur portugais. Le mouvement prit une orientation nationaliste révolutionnaire et marxisante qui s'accentua en janvier 1973. La guérilla réussit à contrôler les deux tiers de la Guinée-Bissau, alors qu'au Cap-Vert le mouvement resta clandestin.
L'indépendance du Cap-Vert
11. En 1975, après la révolution des Œillets au Portugal, le Cap-Vert et la Guinée-Bissau (l'ancienne colonie portugaise la plus proche) accédèrent à l'indépendance et constituèrent deux États indépendants lies par un parti et un programme communs
12. Les deux anciennes colonies portugaises se séparèrent lors du coup d'État du 14 novembre 1980 en Guinée-Bissau. En 1990, le Partido Africano da Independência de Cabo Verde, le PAICV (ou Parti pour l'indépendance du Cap-Vert) accepta d’organiser des élections libres, persuadé de les remporter. Toutefois, les élections démocratiques du 13 janvier 1991 furent remportées par le Mouvement pour la démocratie (Movimento para a Democracia, MPD), le premier parti d'opposition. Le 17 février 1991, Antonio Mascarenhas Monteiro fut élu président de la République. En 1996, de nouvelles élections furent encore remportées par le MPD. L’alternance démocratique s’est installée: le PAICV a remporté les élections législatives de 2001 et de 2006 et Pedro Pires fut élu président de la République en 2001 et selon les résultats provisoires de l’élection présidentielle du 12 février 2006, Pedro Pires a été reconduit.
D. Organisation constitutionnelle des pouvoirs publics

13. Le Cap Vert est une République souveraine, unitaire et démocratique qui s’organise en Etat de droit. Les organes de la souveraineté sont : le Président de la République, l’Assemblée Nationale, le Gouvernement, et les Tribunaux.


§ L’Exécutif

14. Le Président de la République est le garant de l’unité de la Nation et de l’Etat, de l’intégrité du territoire, de l’indépendance nationale et veille à l’application de la Constitution et des traités internationaux. Le Président de la République est élu pour une période de cinq ans.

15. Le Gouvernement est l’organe qui défini, dirige et exécute la politique générale interne et externe du pays et est l’organe supérieur de l’Administration Publique. Il est politiquement responsable devant l’assemblée nationale. Le Gouvernement est compose par le Premier Ministre, les Ministres et les Secrétaires d’Etat.

§ Le Législatif

16. L’Assemblée Nationale représente tous les citoyens du Cap Vert.

§ Le Judiciaire

17. La justice est administrée au nom du peuple par les tribunaux et par les organes non juridictionnels crée par la Constitution et la loi.

§ Autres organes

18. Les organes de l’Etat comprennent également l’existence des collectivités locales.

III. DEROULEMENT DE LA MISSION D’OBSERVATION

A. Préparation de la mission

19. Une note administrative, un plan de déploiement, des fiches d’observation et d’autres documents ont été préparés à l’attention des observateurs.

20. La note administrative comprenait entre autres, la prise en charge des activités logistiques ci-après au profit des observateurs:

§ l'hébergement ;
§ le transport ;
§ les moyens de communications;
§ la santé;
§ les finances.

21. Pour des raisons de coordination et de sécurité, tous les observateurs ont été logés dans les hôtels Felicidade et Praia Maria avant leur déploiement sur le terrain et à l'issue du scrutin. Une salle de réunion a été aménagée dans les locaux de l'hôtel Felicidad pour coordonner les différentes activités.

22. Conformément au plan de déploiement, l'exécution de la mission a comporté cinq (5) phases:

§ du 10 au 11 février 2006, l’accueil, l’hébergement et la mise en condition des observateurs ;

§ le 11 février, le déploiement des équipes dans les différentes régions ;

§ le 12 février, l'observation du scrutin ;

§ le 13 février, le désengagement ;

§ du 14 au 15 février, la remise en condition, l'appréciation de l'observation et le retour dans les différents Etats.

23. Une rencontre d’information a eu lieu, le samedi 11 Février 2006, avec les fonctionnaires du Ministère des Affaires Etrangères du Cap Vert portant sur les objectifs de la mission d’observation de la CEDEAO.

24. Une rencontre d’information a eu lieu avec le Directeur General de l’Administration Electorale pour donner aux observateurs, une vue d'ensemble du contexte et de l’état des préparatifs du scrutin.

25. Une autre a eu lieu entre la mission d’observation et le représentant du Forum des ONG capverdiennes portant sur le rôle de la Société civile en période électorale.

26. Les observateurs se sont déployés dans Praia et ses alentours et à Fogo.

27. Soit un total de six (6) équipes reparties sur deux (2) des (10) régions que compte le Cap Vert.

28. En matière de communication, une carte SIM a été allouée à chaque Chef d’équipe avec un crédit forfaitaire.

29. En outre, des procédures ont été élaborées à l'endroit des différentes équipes régionales précisant les formats de comptes rendus quotidien et d'incident ainsi que le format du rapport final.

30. Les fiches d'observation ont été distribuées et des consignes précises données à l'ensemble des observateurs par rapport au comportement et au devoir de réserve vis-à-vis des médias.

B. Observation du scrutin

§ L’ouverture et la clôture des bureaux de vote

31. Il ressort de l’observation que les heures d’ouverture et de fermeture des bureaux de vote, respectivement huit (8) heures et dix huit (18) heures, ont été globalement respectés conformément aux dispositions de la loi électorale.


§ Le matériel électoral

32. Dans l’ensemble, le matériel électoral était complet et disponible dans tous les bureaux de vote.

§ La sécurité des bureaux de vote

33. Aucun incident majeur n a été observé ni signalé. La sécurité a été régulièrement assurée par des agents qui ont opéré en patrouilles discrètes dans les différents lieux de vote.

§ Le secret du vote

34. Le secret du vote a été assuré ; des isoloirs se trouvaient dans tous les bureaux de vote et disposés de manière à protéger le choix des électeurs.

§ Le dépouillement

35. A la lecture des différents rapports, le dépouillement s’est fait conformément aux dispositions de la loi électorale.

§ La proclamation des résultats

36. Les résultats ont été collationnés sur place en présence des représentants des candidats, co- signés sur les documents appropriés et affichés à la porte de chaque bureau de vote.

§ Les agents électoraux

37. Les agents électoraux ont une bonne connaissance des dispositions de la loi électorale et ont exécuté leurs tâches avec conscience et efficacité.

§ La participation

38. Dans l’ensemble, les équipes n’ont pas constaté une forte affluence. Les électeurs se sont acquittés de leurs taches sans bousculade. Le taux de participation (53,01/%) est moyen.

C. Les résultats globaux provisoires

Inscrits Nombre de votants Bulletinsnuls Bulletinsblancs Abstention Pedro Pires Carlos Veiga
323.594 171.542 1.400 658 151.823 86396 83088
% 53,01 O, 43 O, 20 46,95 50,98 49,02

Source : DGAE


V. OBSERVATIONS ET ANALYSES

Eléments critiques du code électoral

39. La loi électorale du Cap Vert, notamment en son article 196, ne permet pas l’observation des élections dans le sens défini par les termes de référence de la CEDEAO. Cependant, les autorités capverdiennes n’ont ménagé aucun effort pour faciliter la mission d’observation de la CEDEAO.

40. La mission d’observation n’a pas relevé de disposition qui permet l’identification de l’électeur qui a déjà exercé son droit.

41. En dépit de l’article 195 du code électoral qui interdit toute propagande dans les lieux de vote et aux alentours le jour du scrutin, la mission a constaté que cette disposition n’a pas été suffisamment respectée.

42. Le scrutin présidentiel du 12 Février 2006 du Cap Vert s’est déroulé dans la transparence, la sincérité et la sérénité.

43. L’organisation, hormis quelques légères imperfections inhérentes à tout processus, n’a pas connu de problèmes majeurs.

44. En outre, il est à signaler la représentation significative des femmes et des jeunes dans la composition des membres des bureaux de votes, ainsi que leur bonne participation au vote.

45. Il faut également remarquer la présence des délégués des candidats dans tous les bureaux de vote.

46. Par ailleurs, la mission a rendu une visite de courtoisie au Président de la Commission Nationale Electorale.

47. Un autre rencontre a également eu lieu entre le chef de la mission d’observation, le coordinateur et les représentants de FOSCAO (Forum des Organisation de la Société Civile de l’Afrique de l’Ouest)

VI. RECOMMANDATIONS

48. A la suite de l’observation du scrutin du 12 Février 2006, la mission d’observation fait les recommandations suivantes :

§ intégrer le concept de l’observation des élections dans le dispositif légal ;

§ veiller au respect des dispositions de la loi électorale quant à la propagande électorale ;

§ intensifier les campagnes d’éducation civique afin d’améliorer la participation des populations au processus électoral ;

§ améliorer le processus d’identification des électeurs pour prévenir les votes multiples.

VII. CONCLUSION

49. Le scrutin présidentiel du 12 Février 2006, tel qu’il a été observé, par la mission d’observation de la CEDEAO, s’est déroulé globalement dans de bonnes conditions, dans une atmosphère empreinte de paix et de sérénité.

50. Au vu de ce qui précède, la mission d’observation de la CEDEAO,

§ remercie les autorités Cap verdiennes pour leur assistance, coopération et collaboration qu’elles ont bien voulu apporter à la mission d’observation.

§ adresse ses félicitations pour la bonne organisation des opérations électorales.

§ encourage les autorités Cap Verdiennes pour la prise en compte du concept genre et de l’implication de la jeunesse dans le processus électoral ;

§ prend acte de la participation des Cap Verdiens de la diaspora au scrutin présidentiel et encourage les différentes institutions à une plus grande implication de ceux-ci ;

§ apprécie l’informatisation du système et la scelerité de la proclamation des résultats du scrutin.


FAIT À PRAIA, LE 14 Fevrier 2006

ONT SIGNE:

HON. MOHAMMED ABASS MR. ADAMA DIAKHATE


MR. FIRMIN KONE DR. ABDULKARIM KOROMA


MR. GAOUSSOU DIARRAH MR. AMADOU BAILO DIALLO


MR. SERIFO JALO ALHADJI MALAM MANE


MR. CHIJIOKE JAMES Mr. TAJUDEEN JINADU


MRS. TOURE ALZOUMA MAÏMOUNA MR. SALIOU SAMBOU


DR. ABDEL-FATAU MUSAH MR. MACARIO MARQUES PERDIGAO


MR. UWEM THOMPSON


PEDRO GODINHO GOMES
CHEF DE MISSION

 

ECOWAS OBSERVER MISSION TO THE PRESIDENTIAL RUN-OFF ELECTION IN THE REPUBLIC OF BENIN
18TH – 23rd MARCH 2006


FINAL REPORT - Executive Secretariat, Cotonou, 23rd March 2006

CONTENTS


I. INTRODUCTION


II. GENERAL INFORMATION ON THE REPUBLIC OF BENIN.

III. PLAN OF WORK OF OBSERVER MISSION

A. Preparatory Work of the Mission
B. Observation of Voting Process
C. Provisional Results


IV. OBSERVATION AND ANALYSIS

V. RECOMMENDATIONS

VI. CONCLUSION

VII. ANNEXES


· Turn out and Provisional Results

· Declaration


INTRODUCTION

1. The Executive Secretary of ECOWAS deployed twenty (20) observers to the Republic of Benin with the task of observing the run-off election held on Sunday, 19th March 2006. This is in conformity with the provisions of Article 12 of the Protocol on Democracy and Good Governance, the Supplementary Protocol relating to the Mechanism on Conflict Prevention, Management, Resolution, Peacekeeping and Security and the implementation of Decision A/DEC.19/01/03 of the 26th Session of the Authority of Heads of State and Government held in Dakar on 31 January 2003, which mandate the Executive Secretary to send into any member state holding elections, either a supervisory or observer mission.

2. The ECOWAS Observer Mission was made up of delegations from Cape Verde, Ghana, Guinea, Mali, Nigeria, Sierra Leone, Togo and personnel of the Executive Secretariat.

3. The Mission was led by H.E. Bitokotipou Yagninim, member of the ECOWAS Council of Elders. The Coordinator of the Mission was Dr. Abdel-Fatau Musah of the Executive Secretariat.

4. The terms of Reference of the Observer Mission were as follows :

(i) To be in close contact with the competent authorities of the host country;

(ii) As may be necessary, to cooperate with other NGOs and all
other observer missions while still keeping the independence
of the mission;

(iii) To refrain from making any individual declarations. Every declaration was to be the collective view of the mission and issued on behalf of the mission by the chief of mission or a spokesperson designated for such a task;

(iv) To forward a report to the Executive Secretary addressing the following:

· Everything the mission had observed;

· All information gathered by the mission;

· Assessment of the election against the yardstick of national electoral laws and universally accepted electoral principles;

· Recommendations on ways to improve future elections and observer missions;

(v) The report of the Observer Mission is to be signed by every member of the mission and submitted to the Executive Secretary by the Chief of Mission within a period not later then fifteen (15) days from the end of the mission.


II. GENERAL INFORMATION ON THE REPUBLIC OF BENIN

5. For general information on the Republic of Benin, please refer to the relevant section of the final report on the first round dated 7th March 2006.

III. PREPARATORY WORK OF THE OBSERVER MISSION

A. Preparation towards the Mission

6. With the exception of one observer, all other observers on this mission were also members of the observer mission to the first round of the presidential election held on Sunday, 5th March 2006.

7. As a result of late communication to the Executive Secretariat regarding the actual date for the run-off, the ECOWAS observer mission made a precipitate arrival in Cotonou on Saturday, 18th March 2006.

8. On the night of Saturday, 18th March 2006, there was a normal briefing by the coordinating team and head of ECOWAS Zonal Bureau. This briefing was chaired by the head of the mission. At this meeting, information on administrative and logistic matters were discussed, notably:
· Accommodation
· Transport
· Means of Communication
· Health
· Financial matters

9. For the purpose of coordination and security, all observers were accommodated at Hotel Croix du Sud before their deployment to the field. A secretariat and conference room were made available for the observers at Hotel Croix du Sud for the purpose of coordinating the different activities of the Observer Mission.

10. In line with the plan of deployment, the work of the mission comprised seven (7) phases:

· In the evening of Saturday, 18th March 2006, observers were welcomed, accommodated and settled;

· That same evening, observers were deployed into teams of two or three persons to do a preliminary reconnaissance and assessment of the prevailing mood and situation in Benin;


· The plan of deployment of the teams into the field to observe the election on Sunday, 19th March 2006 was announced to the observers late into the night of Saturday 18th March 2006 after the teams had reassembled to discuss their preliminary assessment report;

· 19th March 2006: The major activity was observation of the actual voting process from before opening of polling stations until the counting of ballots. The deployment of the teams was to the following southern administrative districts: Littoral (Cotonou and its environs), Oueme (Porto Novo and its environs) and Atlantique (Abomey-Calavi). The coordinating team also put in place a system to receive information from the districts of Borgou, Donga and Zou.
The head of each team was given a SIM card and two rechargeable Areeba cards of 100 units each to assist in inter-team communication and also communication between deployed teams and the coordinating team;

· Night of 19th March 2006: Teams reassembled at base for a debriefing session chaired by the head of mission;

· 20th March 2006: Preliminary Declaration of ECOWAS observer mission issued at a press briefing at Hotel Croix Du Sud. The head of mission addressed the briefing;


· 21st to 24th March 2006: In-depth analysis of the observation, and preparation of report (while waiting for the official results to be declared by CENA). Return of observers to their respective countries.

B. Observation of Voting Process

· The opening and closing of polling stations

11. Most polling stations opened within one hour of the stipulated official time of 07:00 and closed after nine (9) hours of voting as stipulated by law.


· Electoral materials

12. Most electoral materials were complete and available in all the polling stations observed. Indeed, reusable materials used in the first round had been secured within the voting vicinities and this greatly alleviated the logistical problems observed in the first round.

· Security at polling stations

13. No major incidents were observed or reported. Security was effectively assured by the competent agents who carried out regular and non-intrusive patrols in the electoral areas observed.


· Secrecy of the Ballot

14. The secrecy of the ballot was assured; polling screens were installed in some polling stations and improvised in others to protect the secrecy of each voter’s choice.

· Identification of Voters
15. Within the limits of logistical constraints observed, adequate measures were taken to prevent double voting, including the marking of voter ID cards used in the first round, repeat finger printing against names on the voters’ list and the use of indelible ink.

· Counting Process

16. From the reports of the different teams, the process of counting in the areas observed was done in conformity with the provisions of the electoral laws.

· Summary of Voting Process

17. The process of identification, voting by secret ballot, counting and consolidation took place with a high level of transparency, thus protecting the confidentiality and integrity of the voting process.

· Declaration of results

18. The results were collated in the open in the presence of representatives of the presidential candidates assigned to the polling stations and in the presence of the electorate. Party representatives jointly signed on the legally provided appropriate record sheets and results were openly displayed.

· Election Officials

19. There was a marked improvement in the application of the electoral laws by the election officials who carried out their tasks with greater confidence and efficiency, than in the first round.

· Voter turnout

20. The electorate was determined to exercise its mandate in a calm atmosphere, with discipline and patience. The turnout was good.

C. Provisional results (see annex)

IV. OBSERVATION AND ANALYSES

21. The presidential run-off of 19th March 2006 was free, fair, transparent and credible and took place in a peaceful atmosphere.

22. Both candidates were represented by their agents at the polling stations observed.

23. The voter card, the only document which could allow one to vote, was not sufficient to identify a voter since it had no photograph affixed to it. This situation could favour its use by persons other than its actual owner.

24. Since the electoral list was hand-written, had no serial numbers, and comprised separate loose sheets it could be a source for manipulation during voting.

25. Even though the open air counting was a mark of transparency, this could in certain cases, pose a risk for the security of electoral materials, election officers and the integrity of the voting process.


26. Coordination and communication between the national headquarters of CENA and its sub-structures were reinforced and better organised in the run-off compared to the first round of 5th March 2006.

27. In general, the media, civil society and the political class helped to create a peaceful atmosphere for the election as well as in raising awareness among the electorate.

28. In the run-up to the second round, the vast majority of the presidential candidates who were eliminated after the first round, openly declared their support for Dr. Yayi Boni, who led in the first round. This development convinced the electorate that the outcome of the second round was already a foregone conclusion. The short notice of less than twenty four (24) hours given to the electorate to go to the polls may also have accounted for the lower turnout in the run-off. The coordinating team was in constant touch with the Executive Secretary who directed that the mission makes an early declaration on its findings. This was done in the afternoon of Monday, 20th March 2006.

V. RECOMMENDATIONS

29. Following from the observations made on the election process on 19th March, 2006, the observer mission recommends as follows:

· That the ECOWAS Secretariat request each member state to have a clear calendar of events leading to presidential and legislative elections;

· that each member state have unambiguous constitutional provisions and electoral codes that clearly fix the dates and conditions for elections;

· That ECOWAS advises the authorities to establish their national electoral commissions at least one year before the holding of elections and if possible to make them permanent and independent ;

· that ECOWAS considers supporting the organisation of elections in member states when the need arises, given the problems of logistics certain member states may face. This should aim at making the respective national electoral commissions independent;

· that ECOWAS recommends to member states to accord special attention to voters who are physically challenged, aged, expectant and nursing mothers;

· that ECOWAS encourages the computerisation of the electoral system of member states to enhance quality;

· that the security and delivery of electoral materials be improved upon;

· that the laws governing the opening and closing hours of voting be respected;

· that the means of communication within electoral management bodies for better coordination be improved;

· that ECOWAS considers the possibility of setting up zonal logistic depots of electoral materials which could be placed at the disposal of member states;

· that ECOWAS compiles a compendium of electoral laws of member states in all the official languages of ECOWAS;

· that a study be conducted on these electoral laws with a view to assisting member state to resolve potential electoral conflicts and working towards the harmonisation of electoral norms and practices within the ECOWAS space.

VI. CONCLUSION

30. The presidential run-off of 19th March 2006 was peaceful, free, fair, transparent and credible.

31. The ECOWAS Observer Mission expresses its gratitude to the authorities and people of the Republic of Benin, for their assistance and cooperation accorded the mission and commend them for the conduct of successful elections.


Cotonou, 23rd March 2006

 

ECOWAS OBSERVER MISSION TO THE PRESIDENTIAL ELECTION IN THE GAMBIA
15 - 27 SEPTEMBER 2006


FINAL REPORT - Executive Secretariat, Banjul, 25th September 2006

CONTENTS


I. INTRODUCTION

II. GENERAL INFORMATION ON THE GAMBIA.

A. Geography and Demography
B. Administrative Information
C. Brief History and Politics of The Gambia


III. PLAN OF WORK OF OBSERVER MISSION

A. Preparatory Work of the Mission
B. Observation of the Voting Process
C. An overview on provisional Results


IV. GENERAL OBSERVATIONS AND ANALYSIS

V. RECOMMENDATIONS

VI. CONCLUSION

VII. ANNEXES

· Geographical Map of The Gambia

· Constitution

· Electoral Code

· Terms of Reference

· Distribution of Teams of Observers by regions

· Reporting Forms for Observation

· List of Polling Stations

· Provisional Election Results

· Communiqué issued by various International Observation Missions

INTRODUCTION

1. The Executive Secretary of ECOWAS deployed forty (40) observers to The Gambia with the task of observing the presidential election held on Friday, 22 September 2006. This is in conformity with the provisions of Article 12 of the Protocol on Democracy and Good Governance, the Supplementary Protocol relating to the Mechanism on Conflict Prevention, Management, Resolution, Peacekeeping and Security and the implementation of Decision A/DEC.19/01/03 of the 26th Session of the Authority of Heads of State and Government held in Dakar on 31 January 2003, which mandate the Executive Secretary to send into any member state holding elections, either a supervisory or observer mission.


2. The ECOWAS Observer Mission was made up of delegations from Member States of ECOWAS, personnel of the Executive Secretariat and the ECOWAS Parliament, ECOWAS Ambassadors accredited to Nigeria, as well as ECOWAS trained observers .

3. The Mission was led by Hon. Elizabeth Alpha-Lavalie, Deputy Speaker of Parliament of the Republic of Sierra Leone and member of the ECOWAS Council of Elders. The Coordinator of the Mission was Mr. Komi Ruben Dogbe, Head of Electoral Assistance Unit of the ECOWAS Executive Secretariat.

4. The terms of reference of the Observer Mission were as follows:

(i) To maintain close contact with the competent authorities of the host country.

(ii) To cooperate with other NGOs and other observer missions, as may be necessary, while still maintaining the independence of the Mission.

(iii) The members of the Mission to refrain from making any individual declarations. Declarations made were to reflect the collective view of the Mission and issued on behalf of the Mission by the Chief of Mission or a spokesperson designated for such a task.

(iv) The Head of Mission to forward a report, signed by every member of the Mission, to the Executive Secretary within a period not later than 15 days from the end of the Mission. The report should include:

· observations of the Mission;
· all relevant information gathered by the Mission;

· assessment of the election against the yardstick of national electoral laws and universally accepted electoral principles.

· recommendations on ways to improve future elections and Observer Missions.

II. GENERAL INFORMATION ON THE GAMBIA
THE POLITICAL AND SOCIO-ECONOMIC FACT FILE

11,295 square kilometers in size and with a population of 1.5 million, The Gambia is one of the tiniest Member-States in the ECOWAS sub-region. It is completely surrounded by Senegal except for the Atlantic Ocean to the south. Its geographical location within the Senegambia enclave imposes unique security challenges on the country. It serves as a bridge between mainland Senegal and its troubled Casamance enclave and shares common ethnic and cultural ties (Jola) not only with the enclave, but also with another unstable country – Guinea Bissau. The Gambia is also the tourist destination of choice, as well as a major source of retail trade goods, in the Senegambian enclave. These characteristics have exerted direct and indirect impacts on the evolution of the Gambian political and security landscape. Apart from direct military threats emanating from outside its borders as well as the burden of refugee flows, the country has had to deal with other challenges to security related to cross-border crime, paedophilia and human trafficking, custom and free movement issues.

The main ethnic groups that populate the Gambia are Fula, Mandinka, Jola, Serahule and Wollof. The Gambia is an LDC State, with an illiteracy rate of 61% and dependent primarily on groundnut exports and tourism for its income. In 2000, the UNDP Human Development Report ranked the country at 161 out of 174 countries.

The Gambia gained independence from British colonial rule in 1965, becoming a Republic in April 1970 with an Executive President and a Parliament. In contrast to a number of African countries, The Gambia retained a democratic tradition, holding regular multi-party parliamentary elections every 5 years and the Parliament in turn electing an Executive President. In 1982, the electoral system was modified to allow for the direct election of the President by the electorate. Following an attempted coup by the paramilitary Field Force in July 1981, Senegalese troops intervened to restore the Government of President Sir Dawda Jawara, an act that culminated in a temporary amalgamation of the two States through the creation of the Confederation of Senegambia. Irreconcilable differences led to the break-up of the Confederation in September, 1989.

The Government, led by President Jawara’s ruling People’s Progressive Party (PPP), was finally overthrown July 1994 by a group of junior officers led by then Lieutenant Yahya Jammeh, who set up the Armed Forces Provisional Revolutionary Council junta (AFPRC). Two years into military rule and under the double pressure of internal demands and the wave of democratization sweeping Africa, The Gambia returned to controlled multi-party democracy following a referendum on a new constitution in August 1996. Consequently, a presidential election was held on 26th September 1996 under an electoral management body controlled by the Interior Ministry. The parties that operated before the 1994 coup were barred.

The four new parties that contested the 1996 elections were: The Alliance for Patriotic Reorientation and Construction (APRC) led by Mr. Yahya Jammeh who resigned from the military to run in the elections; The United Democratic Party (UDP) led by Barrister Ousainou Darboe; The Peoples Democratic Organization for Independence and Socialism (PDOIS) led by Mr. Sidia Jatta; and the National Reconciliation Party (NRP) led by Mr. Hamat Bah. Jammeh won 56% of the votes to become the first President of the Second Republic. National Assembly Elections was held on the 2nd of January, 1997 and the APRC won 33 seats out of 45. UDP won 7 seats, NRP 2 seats, and PDOIS 1 seat and 2 Independent Candidates.

In the Presidential election of 18th October 2001 in which the pre-coup parties contested for the first time, President Jammeh was returned into office but with a reduced majority of 52.96%, representing 242.302 votes. The new Coalition composed of UDP, the reinstated PPP and the Gambia People’s Party (GPP) and led by Mr. Ousainou Darboe polled 149.448 votes. Hamat Bah’s National Reconciliation Party (NRP) polled 35.671 votes while Sheriff Moustapha Dibba’s reinstated National Convention Party (NCP) won 17.271 votes. PDOIS won 13.841 votes.

In the National Assembly Elections that followed in January 2002, the main opposition alliance led by the main opposition party UDP staged a boycott, citing fraud and an uneven political playing field during the presidentials. Consequently, APRC ran unopposed in 33 of the 48 constituencies. PDOIS and NRP took part. PDOIS won 2 seats and NRP won 1 seat.

On 22nd September, 2006, the Gambian electorate went to the polls to elect the President of the country. Three candidates representing the ruling APRC and two opposition alliances contested the elections. The candidates were :
1. the incumbent, President Yahya Jammeh of the Alliance for Patriotic Reorientation and Construction (APRC);
2. Barrister Ousainu Darbo, representing the United Democratic Party (UDP)-National Reconciliation Party (NRP) Alliance ; and
3. Halifa Salla, the flag-bearer for the National Alliance for Democracy and Development (NADD).
The Independent Electoral Commission officially opened its doors to receive nominations on 28th August. The electoral campaign officially started on 31st August and ended on 20th September. During the campaign, the Independent Electoral Commission oversaw the distribution of equal airtime to all candidates on state radio and television. Candidates were also allowed to buy additional slots should they so desire, particularly from the private media.

From our analyses and media reports, it appeared obvious that President Yahya Jammeh was going to win easily, particularly as the opposition parties, the NADD and UDP-NRP alliances, failed to unite and present a single candidate to challenge the President. In the last presidential election, President Jammeh won just under 53% of the vote. Taking this into account, the opposition parties had decided to put up a single candidate to offer them the best chance of victory in 2006. Discussions towards this end did not achieve their objective.

The President also appeared to have taken note of his narrow victory and, taking advantage of his party’s near monopoly in parliament following opposition boycott, to introduce far-reaching amendments to the Constitution to enhance his chances of victory. Part 3 of the 1996 Constitution required a presidential candidate to garner more than 50% of the vote to be declared winner without the need for a run-off. In 2001, this clause was amended to allow a candidate to be declared President with a simple majority (First past the post). For the incumbent, therefore, the more candidates that presented themselves, the greater his chances for victory.

Given the advantages of incumbency, impressive development projects that had sprung up in the last few years (construction of roads, airport, university and other infrastructure), APRC control over limitless resources as well as the wave of presidential euphoria following the hosting of the AU Summit, it was going to be near impossible for the opposition to cause an upset, except by fielding a single candidate and greatly improving their campaign message and campaing.


III. PLAN OF WORK OF OBSERVER MISSION

A Preporatory Work of the Mission

Since October 2005, ECOWAS has been interacting with relevant authorities of The Gambia and monitoring progress in the preparations towards the presidential election through its Zonal Bureau I for Conflict Prevention based in Banjul. These consultations have been fruitful and following an invitation from the Government of The Gambia, an ECOWAS fact-finding mission was dispatched to Banjul in July 2006. The Mission held consultations with the, the Independent Electoral Commission (IEC), political parties, Government and security agencies, members of civil society organisations , the media and ECOWAS international partners.

On receipt of the report of the fact-finding mission,the Executive Secretary of ECOWAS dispatched an ECOWAS coordinating team to Banjul on 15 September 2006, to prepare the ground for the deployment of the Observer Mission and to hold further consultations with relevant agencies and other observer missions such as, the Commonwealth Observer Mission.

For the purpose of coordination and security, ECOWAS observers were accommodated at the Paradise Suites Hotel, Kololi before their deployment to the field.

In line with the plan of deployment, the work of the Mission comprised six (6) phases as follows:

· Tuesday, 19 September 2006: Arrival of observers.
· Wednesday, 20 September, 2006: Briefing by the coordinating team on the plan of deployment of the observers, accommodation, transportation, communication, health and financial matters.

· Thursday, 21 September 2006 : Departure of observer teams detailed for administrative divisions where they were required to sleep overnight.
· Friday, 22 September 2006 : Observation of the voting and counting processes.
· Saturday, 23 September 2006: Debriefing of observers and press conference addressed by the Head of Mission on ECOWAS preliminary declaration at the Paradise Suites Hotel.
· Saturday 23-Monday 25 September 2006: discussions and analysis of evaluation reports and preparation of final report.

ECOWAS observers were deployed to all the seven administrative divisions of The Gambia.

Each team was provided with a kit which included a SIM card, one rechargeable card and a First Aid Box.

On noticing that the colours of the ECOWAS t-shirts and some caps that were designed for the Observer Mission were of the same colours as those of two of the presidential candidates, it was decided that ECOWAS observers should not wear these t-shirts and caps.


B: Observation of the Voting Process

· The opening and closing of polling stations

Most polling stations opened within 15 minutes of the stipulated official time of 07:00 Hrs and closed at 18:30 Hrs instead of 16:00 Hrs because the IEC had to extend the closing time by two and half hours to compensate for time lost as a result of heavy rains. However, a few polling stations closed at 16:00hrs as stipulated by law because by the time the polling officials received the information for extension of voting hours, they had already closed voting and sealed the ballot drums.

· Electoral materials

Electoral materials were complete and available in all polling stations observed.

· Security at polling stations

No major incidents were observed or reported. Security was effectively assured.

· Secrecy of the vote

The secrecy of the vote was assured; polling screens were installed in some polling stations while others were improvised so as to protect the secrecy of the vote.

· Identification of Voters
Adequate measures were taken to prevent double voting. These included the checking of voters ID cards, the cross checking of names on voters’ list by all representatives of the candidates and the use of indelible ink. A backup counter foil register with pictures was used as the last resort to cross check the identity of a voter who had an ID card but whose name did not appear on the voters’ list .

· Voting Process
Polling stations were easily identifiable and the voters demonstrated commendable patience and orderliness while waiting to cast their ballots. No scuffles or acts of violence were recorded. Each of the three candidates fielded representatives at most of the polling stations observed. The cordiality displayed among representatives of competing candidate is commendable. Vigilance of the candidates representatives is also commendable.


· Counting and Collation Processes

The counting and collation processes were transparent and done in conformity with the provisions of the electoral laws.

· Declaration of results

The results were declared in the open in the presence of representatives of the presidential candidates assigned to the counting centres, international and local observers as well as the electorate. Legally provided appropriate record sheets were jointly signed by representatives of the candidates. The manner in which the results were being released by the IEC in batches, on television and radio, in English and in local languages added credibility to the whole process.

· Election Officials

The election officials had a good working knowledge of the provisions of the electoral law and carried out their tasks with a high sense of moral conscience, confidence and efficiency.


· Voter Turnout

Overall, the voter turnout was fairly good even though it was below the average percentage in the sub-region.

C: An Overview of Provisional Results (see annex)


IV. GENERAL OBSERVATIONS AND ANALYSIS

Inspite of some disturbing trends which characterised the period leading to the election, there were no major problems regarding the general credibility of the election.

Even though each candidate had fair access to the public media during the two-week campaign, the posters and billboards of the incumbent president who was also a presidential candidate was disproportionately overbearing. The posters and billboards of the other two candidates were virtually non-existent.

A consequence arising out of human rights violations and restrictions on the freedom of expression led to the self censorship of the media, many of whom felt intimidated.

Members of the uniformed state security services were seen openly displaying (including wearing) badges, t-shirts, caps and scarves of a particular presidential candidate. This was clearly against universally accepted electoral principles and the Memorandum of Understanding signed by all the political players.

At a particular polling station in Bakau, soldiers were seen voting in the presence of a senior military officer, which gave the impression that it was a deliberate and provocative act on the part of the ruling government machinery. It is pertinent to note that soldiers who attempted to vote but were not registered to vote at this polling stations were fiercely resisted by representatives of the other candidates. This resulted in the retreat of the soldiers from further voting.

The opposition in The Gambia may have their own weaknesses since they did not position themselves in such a way that they could be viewed as governments-in- waiting. These weaknesses include lack of a message ,resources, internal capacity to mobilise people and the inability to inspire a nationalistic identity and image.

Furthermore, what may have happened was that the registration exercise was flawed which might have resulted in under aged persons, and possibly non-Gambians, being registered to vote.

What is becoming clear as a trend is that, on the day of election nothing untoward will be recorded but any possible rigging would have been carried out during the process leading up to the election, including the registration exercise, the misuse of incumbency and intimidation.


The coordinating team stayed in constant touch with the Executive Secretary who directed that the mission makes an early declaration on its findings. This was done at the press conference of Saturday, 23 September 2006.


V. RECOMMENDATIONS

Following from the observations made on the voting process on 22 September 2006, the Observer Mission recommends the following, that Member States should be :

· Reminded to strictly respect and adhere to the constitution and electoral code of the Member State, all inter-political party Memorandum of Understanding and all other agreements that all political parties may have arrived at in relation to elections.

· Encouraged to draw up a clear calendar of events leading to presidential and legislative (Parliamentary) elections;

· Reminded to have unambiguous constitutional provisions and electoral codes that clearly fix the dates and conditions for elections;

· Reminded to appoint members of their Independent National Electoral Commissions at least one year before the actual date of elections;

· Reminded that frequent changes in the appointment of chairpersons and members of National Electoral Commissions not only undermine the credibility of the electoral process but also are not in the supreme interest of democracy;

· Encouraged to accord special attention to voters who are physically challenged, aged, expectant and nursing mothers;

· Encouraged to ensure that security agencies are made to vote at least two days before the day of national elections. Such voting must be subject to the same controls and checks as the national election;

· Encouraged to improve upon the security and delivery of electoral materials;

It is also recommended that:

· The laws governing the opening and closing hours of voting are strictly respected;

· The means of communication within electoral management bodies for better coordination are improved upon;

· The counting of ballots be done on the spot.

· The efforts to harmonise the electoral systems and processes within the sub-region should be speeded up;

It is strongly recommended that ECOWAS Observer Missions be dispatched to the mission areas at least four days before the actual election day to enable the missions to be better acquainted with the security and political situation during the last days of the political campaigns.

The Observer Mission noted with satisfaction, the establishment of the ECOWAS Electoral Assistance Unit and recommends that the Unit be given all the necessary support to make its mark on the democratic agenda of ECOWAS Member States.

VI. CONCLUSION

On the whole, the presidential election of 22 September 2006, in The Gambia was adjudged by the Mission as generally peaceful, free, fair, transparent and credible. In its press conference, the Head of Mission called on all the candidates and their supporters to continue to play their part in the consolidation of peace in The Gambia by accepting the outcome of the election and resorting to only legal and constitutional means to resolve any eventual disputes as stipulated in the electoral laws of the land.

Finally, it is worth mentioning that the Mission was accorded all necessary courtesies which enabled it to discharge its task without hindrance and recommends that the Executive Secretary of ECOWAS conveys to the Government and people of The Gambia its appreciation and gratitude for a successful mission.


Banjul, 24th September 2006

 

ECOWAS OBSERVER MISSION TO THE PRESIDENTIAL ELECTION IN MALI, BAMAKO,
29 APRIL 2007


FINAL REPORT - ECOWAS COMMISSION, BAMAKO 6 MAY 2007

CONTENTS

I. INTRODUCTION

II. GENERAL INFORMATION ON THE REPUBLIC OF MALI
A) Overview of Geography and Demography
B) Administrative Information
C) History and Recent Politics
D) Constitutional Organisation of State

III. CONTEXT

IV. PLAN OF WORK OF OBSERVER MISSION
A) Preparatory Work of the Mission
B) Observation of Voting Process

V. ANALYSIS

VI AUDIENCE WITH THE PRESIDENT

VII. PROVISIONAL RESULTS

VII. RECOMMENDATIONS

IX. CONCLUSION

X. ANNEXES
· Geographical map of Republic of MALI
· Constitution
· Electoral Law
· Terms of Reference
· Administrative Note
· Deployment of Observer Team into Zones
· ECOWAS Observer Mission Reporting Forms
· List of polling Stations
· Provisional Election Results
· Preliminary Declaration by ECOWAS Observer Mission
· Press Release

INTRODUCTION

The President of ECOWAS Commission deployed an Observer Mission to Mali for the 29 April 2007 Presidential Election. This is in conformity with the provisions of Article 12 of the Protocol on Democracy and Good Governance, the Supplementary Protocol relating to the Mechanism on Conflict Prevention, Management and Resolution, Peacekeeping and Security as well as the implementation of Decision A/DEC/19/01/03 of the 26th session of the Authority of Heads of State and Government held in Dakar on 31st January 2003 which mandate the President of ECOWAS Commission to send to any member state holding elections a supervisory or observer mission to those elections, if he deems it necessary.

2. The sixty-member ECOWAS Observer Mission to the 29 April 2007 Presidential Election in the Republic of Mali was composed of delegations from member-states of ECOWAS, representatives of the ECOWAS Parliament and ECOWAS ambassadors accredited to Nigeria as well as electoral experts drawn from electoral management bodies and civil society organizations from the sub-region.

3. The Mission was led by H.E. Mr. Koffi SAMA, former Prime Minister of the Republic of Togo and coordinated by a technical support team from the ECOWAS Commission. The coordinating team from the ECOWAS Commission was headed by Dr. Abdel-Fatau Musah, Conflict Prevention Adviser to the ECOWAS Commission.

4. The terms of reference of the Observer Mission were as follows:

I. To be in close contact with the competent authorities of the host country;

II. As may be necessary, to cooperate with other NGOs and observer missions, while still keeping the independence of the mission;

III. That member of the mission were to refrain from making any personal statement on the election. Every statement was to be the collective view of the mission and issued on behalf of the mission by the head of mission or a spokesperson designated for such a task;

IV. To forward a report to the President of the ECOWAS Commission addressing the following:

· Everything the mission had observed by themselves;

· All information gathered by the mission from witnesses;

· Its assessment of the election against the yardstick of national electoral laws and universally accepted electoral principles;

· Its recommendations on ways to improve future elections and observer missions in the sub region.

5. The report of the observer mission was to be signed by every member of the mission and submitted to the President of the ECOWAS by the Head of Mission within a period not later than fifteen (15) from the end of the mission.

II. GENERAL INFORMATION ON MALI
A. OVERVIEW OF GEOGRAPHY AND DEMOGRAPHY
Mali, officially Republic of Mali, a landlocked West African Republic, is bordered on the north by Algeria, on the east by Niger, and Burkina Faso, on the south by Côte d’Ivoire and Guinea, and on the West by Senegal, and Mauritania. Mali is a relatively large country with a surface area of 1,240,192 sq km (478,841 sq mi). This corresponds to a size a little over 30 times the size of Switzerland or the combined size of Germany, France, the United Kingdom, Belgium and the Netherlands. The distance between the North and the South of Mali is 1600 km. 65% of the Territory of Mali is covered by desert and it is one of the poorest countries of the world.
Most of Mali consists of low plains broken occasionally by rocky hills. In the south-east the Hombori Mountains rise to 1,155 m (3,789 ft), and in the south-west the Bambouk and Manding mountains are separated by an area of sandy lowlands north and north-west of the River Niger, which cuts an arc across Mali. The northern third of the country lies within the Sahara. In the west is a part of the Sahel, a semi-arid transitional zone between the savannah areas of the south and the Sahara desert to the north.
In 2006, the population of Mali was estimated at 11716829, giving an average population density of about 10 people per sq km (25 per sq mi). 90% of Malians live in the south of the country. Almost all the population of Mali is African; the major groups are the Bambara, Fulani, Tuareg, Soninké, Sénouf, Songhai, Malinké, and Dogon. Nomadic Tuaregs and other Berbers roam the Sahel and parts of the Sahara. 40% of Malians are Mandingos (mainly bambaras.) they live in the Wast of the country (Bamako). The Songhai inhabits the est and the Soninké live in the West; the Sénouf live around Sikasso, in the area bordering Burkina Faso and the Côte d’Ivoire. The Dogon are found further in the North east on the Bandiagara plateau. The Fulani inhabits the Manne arc while the Sahara is the domain of the Maures. the nomadic Touareg roam area between the Sahel and part of the Sahara down to the Sahelian banks of River Niger which cuts an arc across Mali.
Since independence from France, these later ethnic groups numbering about 400,000 have always opposed the political domination of the Mandingos. This has meant that for them the fixed international borders and their integration into a state environment in which they are marginalised is something they reluctantly accommodate.
In April 1992, a national peace agreement, the Bamako Accord, was reached between the Government and the main Touareg groups represented in the Unified Movements and Fronts of Azawar (MFUA). The armed rebellion continued with smaller groups in the north of the country and in neighbouring Niger. Once the conflict was settled, the problem of creating an autonomous region for the Touareg continued.
B. ADMINISTRATIVE INFORMATION
Mali is divided into eight administrative regions, subdivided into cercles and arondissements, plus the capital district of Bamako. The larger towns have elected mayors and municipal council members. The main cities are Bamako, the capital, with a population of 1,083,000 (1999 estimate); Ségou, Sikasso, and Mopti, Ségou and Mopti are important fishing centres. Timbuktu (Tombouctou) is an important centre of religion and learning. In 2003, 32% of the Malians were urban dwellers.
French is the official language but African languages are normally spoken. The Mandingo languages-Bambara, Malinké and Dyula-as well as the Voltaic languages-Dogun, Senoufo-Songhai, Hassanya Arabic and two Berber language, Tamasheq and Tamajaq are widly spoken within different communities. Bambara tends to be used as the lingua franca.
Islam mixed with the traditional belief is the religion of about 90 per cent of the population, and about 9 per cent of the people follow traditional beliefs; about 1 per cent are Christians.
C. BRIEF HISTORY AND RECENT POLITICS
African political activity was banned by the French in Mali until after World War II. Various parties were formed, which eventually merged to form the Sudanese Union, which became the Malian section of the inter-territorial African Democratic Rally. By the time of the 1957 political reforms, the Sudanese Union was the main party.
In 1958 the French Sudan voted to join the new French Community, and it was proclaimed the Sudanese Republic on November 24, 1958. On January 17, 1959, it joined with Senegal to form the Federation of Mali, which proclaimed its independence on June 20, 1960, with Modibo Keita as its president. The federation broke up in September. Senegal became a separate state; the former French Sudan retained the name Mali and Keita remained the president of the new Republic of Mali, proclaimed on September 22, 1960. Later that same month the republic became a member of the UN. After independence, Mali pursued a policy of economic development along socialist lines.
The Traoré Regime
In November 1968 army officers overthrew the one-man rule of President Keita and established a military junta led by Lieutenant Moussa Traoré, who later assumed the presidency. His government, however, was unable to advance the economy appreciably, having to contend both with lack of capital and a famine-causing drought in the mid-1970s. An internal power struggle in 1978 led to an attempted coup. In the aftermath, several former members of the junta were tried and sentenced, while political unrest and repression spread.
President Traoré, running as the only candidate, was returned to office in 1979 and 1985. Mali was hard hit by the drought of the mid-1980s. A border war with Burkina Faso was halted by a ceasefire in late 1985. Under pressure from its creditors, Mali restructured its economy in the late 1980s to privatize unprofitable government enterprises. Traoré was overthrown in March 1991 by a group of army officers.
A new constitution providing for a multi-party republic was approved in January 1992. Legislative elections were held in March, resulting in victory for the Alliance for Democracy in Mali (ADEMA), which set up a coalition government with two smaller parties. Alpha Oumar Konaré, the ADEMA leader, became the first democratically elected president in April. An attempted coup by supporters of Traoré collapsed in December 1993.
Touareg Rebellion
From the late 1980s northern Mali was ridden by strife. Fighting broke out between the settled African population and the nomadic Touareg, and at the same time the region became involved in a general rebellion of Touareg demanding greater autonomy from the governments of Mali, Niger, and Algeria, whose borders cross traditional Touareg territory. In 1992 a peace agreement, the Bamako Accord, was reached with the main Touareg groups represented in the Unified Movements and Fronts of Azawar (MFUA). Conflict continued with smaller groups into 1995.
In 1996 more than 2,000 Touareg former rebels were integrated into the regular army. The long conflict led to some 120,000 people becoming refugees; after November, 25,000 Malian Touareg refugees were repatriated from Niger.
The Konaré Regime
In May 1997 President Konaré was re-elected, and his ADEMA party returned to power following two rounds of legislative elections held, after several postponements, in July and August. Ibrahim Boubacar Keita resigned as prime minister in September, but was reappointed by President Konaré the following day. In the same month it was reported that Switzerland had agreed to return funds to Mali, amounting to some US$2.67 million, that had been embezzled and deposited by an anonymous associate of former president Moussá Traoré.
In January 1999, Traoré—already serving one prison sentence—his wife Mariam Cissoko, and his brother-in-law Abraham Cissoko, were sentenced to death after being found guilty on embezzlement charges. The sentences were commuted, in September, to life imprisonment and hard labour.
As tribal violence escalated in 1999, President Konaré announced, in November, that he would not run for the presidency in the election planned for 2002. A new prime minister, Mande Sidibe—formerly an official with the International Monetary Fund—was appointed after the resignation of Ibrahim Boukabar Keita, and formed his Cabinet in February 2000. In July, a fourth report was published which highlighted alleged corruption in government-owned companies and other public bodies. Presidential elections in May 2002 saw a substantial victory for Amadou Toumani Touré, leader of the March 1991 coup. Parliamentary elections followed in July, with Espoir 2002, a coalition of parties including the Rally for Mali, taking 66 of the 147 seats. The newly appointed prime minister is Ahmed Mohamed Ag Hamani.
The problems facing Konaré at the start of his presidency were nothing new: a bloated bureaucracy, protests by civil servants, trade unionists and students for better pay, conditions and guaranteed state employment after graduation, a large debt and a weak private sector. There was also the spectre of Moussa Traoré to deal with. The former dictator’s trial began in November 1992 and in February 1993 his was condemned to death for his role in the debt of 106 protestors in Bamako nearly two years earlier. Konaré commuted his sentence to life imprisonment in November 1997, but a second trial- this time for embezzlement- resulted in a second death sentence in January 1999. As a last gesture, only days before stepping down from his presidential seat in 2002, Konaré pardoned and liberated Traoré, which was very much in line with general public opinion.

The “Association des Elèves et des Etudiants du Mali (AEEM)” has become the most powerful and intransigent of the students interest groups which were demanding increase grants and improved conditions, and rioting in 1993 and 1994 brought down Konaré’s firsts two Prime Ministers, Younoussi Touré and Abdoulaye Sékou Sow (a 50% devaluation of the FCFA in January 1994 also contributed to Sow’s departure).

In February 1994 Ibrahim Boubakar Keita was appointed to the post and quickly gained a reputation as a “hawk”, arresting all of AEEM leaders and initiating rigoros post-devaluation austerity measures.
Presidential and legislative elections in 1997 secured Konaré a second five-year presidential term and confirmed ADEMA as Mali’s dominant political party. However, these elections were poorly organised and widely boycotted by opposition parties, marking the beginning of a political stalemate between ADEMA and the radical opposition, who organised themselves into the “Collectif des Partis de l’Opposition (COPPO)” in November 1997 and boycotted subsequent municipal elections in June 1998 and May and June 1999.

Despite Konaré’s internal problems- which were relatively trivial in the greatest scheme of African politics – his Government enjoyed a significant amount of good weal from western countries. Konaré proved to be a generally-co-operative leader, who made an effort to reform the economy and was, after all, one of Africa’s very few democratically elected leaders and even more so coming after a military leader who willingly handed over power to him.

During the 2002 presidential elections, Mali showed the world that it understood the meaning of democracy. In the first place, Konaré did not dispute the constitutionally determined limit of two full terms; his step down peacefully in May 2002. In the meantime, no less than 24 candidates had step forward as presidential candidates- one of whom was a woman. Eventually the filed narrowed down to two candidates: Soumaïla Cissé – Member of the ruling ADEMA Party and considered favourite and a surprising opposition candidate, former transitional President General Amadou Toumani Touré. The latter, affectionately called “ATT” by the Malians, had spent the ten years of Konaré‘s presidency working as a benefactor in the humanitarian sector, and he was highly appreciated for his integrity. His return to politics came as a surprise, opposition candidates, support groups and even incumbent President Konaré- despite belonging to the ADEMA Party-supported ATT. The former Head of State General Amadou Toumany Touré, who had led Mali in the 1991-1992 transition, won the 2002 presidential election. The popular outsider, whose lack of personal ambition had gained him the second nickname of ‘Soldier for democracy’, one 68% of the votes.

ATT started his term with powerful promises; he pledged to improve the economy and to promote social housing, education and jobs for the Youths. At the same time, he moved carefully, leaving most of Konaré’s government intact and aiming to unit the Malian people in a politically stable environment. It was ATT’s decision to implement strict IMF-supported reform programmes that caused the first backlash in the otherwise calm waters of the political system. However, two years down the road with ATT, the Malian economy surprisingly performed well, despite difficult circumstances. Even though unemployment still soared, about 35.000 jobs for the youth were actually created while the housing programme yielded success with new residential areas popping up around Bamako and other towns.

Outsiders claimed that ATT would soon loose the popularity he has gained during Konaté’s presidency. However, they were proved wrong, as ATT continued to enjoy the support of the majority of Malians. Internationally, in September 2003 he earned a high standing for Mali’s contribution to the liberation of 14 Europeans hostages who have been held captive by terrorists in Algeria. There after, the IMF continued to praise and support Mali’s social and economic reforms.
The new President who had no political party (and therefore no parliamentary majority) and his Government brought on board people from all political parties of the country. ATT had a tremendous amount of work to do in a country where 64 % of the population lived under the poverty line and 21 % in extreme poverty. However he took advantage of his five year mandate to translate into action his promise of alternative government.
D. CONSTITUTIONAL ORGANIZATION OF STATE POWER
Until 1991, Mali was governed under a constitution drawn up in 1974 and made effective, with amendments, in 1979. Elected twice without opposition, President Moussa Traoré ruled from 1969 as a dictator, and from 1979 through the nation’s sole legal political party, the Democratic Union of the Malian People, founded in 1979. After a coup in March 1991 deposed Traoré, this party was dissolved.
A new constitution, approved by popular referendum in January 1992, established Mali as a multi-party republic with a president directly elected to a five-year term. There is a maximum of two terms for any President. The president appoints the prime minister, who is the head of the government and he selects the other members of the council of ministers. Mali is divided into eight administrative regions, sub divided into cercles (circles) and arrondissement (districts) plus the Capital district of Bamako, the major cities elected mayors and municipal councils. Bamako has a governor as Head Office Administration. Each cercle is administered by a “commandant” and each arrondissement is “headed” by a chief of the district.
The separation of powers is enshrined in the fundamental law of the land-the Constitution. Legislative power resides in the National Assembly. The unicameral National Assembly consists of 120 deputies elected to five-year terms; 13 seats in the assembly are reserved to represent the interests of Malians abroad. Article 81 of the constitution stipulates that “the power of the Judiciary in independent of the Legislative and the Executive”.
III. CONTEXT
For more than a decade, African countries in general and those in West Africa in particular have been involved in a renewal of democratic process. Also, in some of these countries, great efforts are underway to organise free, credible and transparent elections. Mali, a member state of ECOWAS had April 2007 as deadline for general election inline with the Supplementary Protocol on the Maintenance of Peace and the Prevention of Conflicts signed in 1999 and its Supplementary Protocol on Democracy and Good Governance signed in 2001, ECOWAS has set itself the mission of assisting member state which seems to organise free and transparent elections, this assistance may take the form of technical assistance, political mediation, financial assistance, assistance in equipment or any other assistance which may help the requesting state to organise the election within the rules set in the above mentioned protocols. A justification for an ECOWAS Exploratory Mission despatched to Mali was the fact that the democratic process under way in that country needed to be reinforced as in several other countries in the sub region. Since Mali is one of the countries in the sub region well known for its peaceful democratic transition it was important that democratic gains needed to be preserved there. It is for this reason that the President of the ECOWAS Commission dispatched a four-member pre-election Exploratory Mission to Mali on 24 March 2007. The Mission was led by Mr. Amirou Garba Sidikou, Secretary General of the Association of Traditional Chiefs of Niger who is also a member of the ECOWAS Council of the Wise. Other members of the mission were the former Chairman of the Autonomous Electoral Commission of the Benin, the Head of Zone 2 bureau based in Burkina Faso and Electoral Programme Assistance Officer of ECOWAS.
The goal of this Exploratory Mission was to make sure that the impending election of Mali was been prepared in condition of peace and transparency in Mali.
· The Stakes

Since 2002, the date of the first election which brought into office President Amadou Toumani Touré, the Political consensus which has prevail in Mali seems to be given way to a state of an easy disquiet: there also seems to be no real political opposition. This has come about because all the major parties have one time or the other be represented in the government of the President’s movement led by Prime Minister Issoufou Maiga.

This had some implications for the 29 April 2007 Election such that divergent attitudes could play out: a scission of l’ADEMA gave birth to Convergence 2007 and to the candidature of Soumeyloy Boubey Maiga.

Ibrahim Boubakar Keita, president of the national Assembly and leader of RPM, who has always shown independent tendencies of opinion and action also declared his candidature nd this was predicted.

Tiebile Drame, one of the foremost leader ATT, implied a malicious outburst during the Franco-African Summit in Bamako that he had become a victim of a plot and so was quitting the president Camp and also announced it candidature.

In view of the above mentioned, it became obvious that some of the consequences of the presidential election would be that political consensus risked being fragmented. One could expect a return to the classical scheme of things where the majority which governs is confronted by uncompromising opposition which opposes within the framework of laws and regulations and which knows its rights. To this end, it was important that the parties which were still in alliance with the President had to redouble their dynamism and show some prove of their independent if there were to survive credible puplic opinion: in effect it could not be rolled out that the Citizens’ Movement which is the principal spot of H.E. President Touré with it own social agenda. An so the parties in alliance with the President could show him open support while still being critical of President Touré so as to secure their future.

To all intents and purposes, when a President relies simply on his popularity and charisma to govern without a political party it is a sure replica for disaster. This case is similar to previous scenario which swept the President to power. As that time as it is now the political culture prevailing was that he was God sent; but this has weaken the role of political parties in respect of the population’s aspirations.

In the cause of the Mission’s stay in Mali form 24 March to 2 April 2007, the delegation met different key stakeholders of the electoral process.

The Mission evaluated the state of preparations towards elections and during it stay, the mission noted a number of key issues notably:
- The general atmosphere prevailing the country
- The voter database and voter ID cards
- The voters register
- Institutions regulating communication
- Incumbency and the abusive use of State Power

· The General Atmosphere
This pre-electoral register was characterised by a lurking anxiety regarding the pending election which people looked forward to with happiness. The leaders of political parties as well as those of civil society did not hesitate to predict the breakout of violence if the election takes place with guarantees of transparency and a change in the noticeable illegal behaviour of the Malian authorities. It was in the same vein that the Bishop Conference of Mali published a letter entitled “and how are we restoring Politics? In this letter they regretted the practical decline of morals and called on the political class once again seize the opportunity. On their part, Muslim leaders many times prayed and preached in the mosque for avoidance of violence with this mentality prevailing, several questions were raised touching on the following points:

- The voter data-base and voter ID cards.
Seven million and two hundred thousand voter ID cards had been printed when there was a total of 6.884.524 voters. In spite of the