Queuing to vote: A number of observation teams have said the election falls short of international standards – file photo ——————— JUBA, – Sudan held its first multiparty elections in 24 years on 11-15 April, but the election has been marred by opposition boycotts and allegations of vote rigging. Preliminary reports from the election observation teams have been mixed. All note multiple cases of irregularities, but differ in their degree of criticism and broad judgment of the process. Nearly all agree the elections are a core part of Sudan’s 2005 Comprehensive Peace Agreement (CPA), and even if flawed, represent an important step in the implementation of the peace deal. Here is a summary of the reports (in rough order of their release): The election falls short of international standards, according to The Carter Center, an organization founded by former US President Jimmy Carter and his wife, Rosalynn. The Center said its 70 observers – spread across all 25 states – noted “important flaws”, including inadequate protection of political freedoms, problems in the voter list, a range of logistical troubles on the election days, insufficient transparency in the electoral process, voter intimidation in the south, and the ongoing conflict in Darfur. The Center, unique for having held an observation presence in Sudan since 2008, commended the Sudanese people for a generally peaceful voting process, and stated that despite their faults, “the elections are a CPA benchmark and their conduct allows the remaining provisions of the agreement to be implemented.” The preliminary statement from the European Union (EU) echoed observation of many of the same flaws, but focused its blame on a highly complex electoral design which it said led to confusion during the process’s implementation. Civic voter education was “too little and too late” to make a difference, said its statement, and polling staff themselves had difficulty navigating the complexity. “The Sudanese people are to be congratulated on the patience and forbearance shown by their considerable voter turnout despite the challenges,” said the statement.
The elections also suffered from a lack of strong competition, according to the EU, which described the campaign as highly dominated by the nation’s two ruling parties. The team of 134 European observers also pointed to restrictive free speech laws and the repression of independent media as tarnishing the campaign period, but said the elections “pave the way for future democratic progress”. A group of northern domestic observers offered especially harsh criticism. Each step in the electoral process, from the census to the registration, campaigns, and voting were characterized by “major deficiencies”, said a joint statement representing the collective work of 3,500 local observers across the north, put out by civil society umbrella group TAMAM, NGO coordinating group the Civic Forum, and advocacy group Justice Africa. “All these failures led to the corruption of the election process and opened the door wide for malpractice and fraud,” said the report. The joint statement called for the “fraudulent” results to be rejected, and called for “real” elections to be reorganized from scratch following the Southern referendum and a realization of peace in Darfur. Preliminary reports from Sudan’s African neighbours were less biting. Elections in a place like Sudan – which faces challenges due to its geographic size, underdevelopment, high rate of illiteracy, an unfamiliar voting system, and ongoing and historical instability – cannot be held to international standards by developed nations with longstanding democratic traditions, argued the preliminary assessment from the African Union’s 50-member observation team. The elections, it argues, are “imperfect but historic”, and a huge milestone for the peace and democratization of the country. The 37-member team for the Inter-Governmental Authority on Development (IGAD), a Horn of Africa bloc of nations instrumental in mediating the 2005 CPA, mostly concurred. Despite discovering a wide range of irregularities and anomalies – including missing names on voter lists, voter confusion over locations of polling stations, delays, and inadequate privacy provisions to ensure secret ballots during polling – the IGAD team concludes the elections are “credible”, considering the big challenges in holding such a vote.
The head of a 50-strong delegation of observers from the Arab League also gave the vote a largely positive verdict. Salah Halima said that while the elections did not meet international standards, they nonetheless represented “a big step forward compared to other countries in the region” and did not “minimize the experience of democratic transformation for Sudan”. “The Sudanese government has opened up space of democracy and we must make the most of it. They [the elections] were an achievement despite the deficiencies. There was no evidence of fraud, but there were deficiencies and mistakes. These mistakes, however, do not greatly affect the results,” Halima said. The major international guarantors of the CPA appear to already be looking past the elections towards the Southern referendum. An 19 April joint statement by the USA, UK and Norway – known as the Sudan Troika for their collective role in brokering the 2005 peace deal – notes that the assessment of independent observers has been that the elections will fail to meet international standards, but called on Sudan to begin in earnest border demarcation and referendum preparations. “The CPA remains essential for peace and stability in Sudan and the region. We urge all parties in Sudan to resume and accelerate work to complete its implementation,” it concluded. ab/cb |
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Archive for April 20th, 2010
SUDAN: Election observers’ digest
Posted by African Press International on April 20, 2010
The CPA remains essential for peace and stability in Sudan and the region
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The US determined to be part of Kenya’s referendum – now use money
Posted by African Press International on April 20, 2010
(US Ambassador in Kenya.)
Draft: US pledges referendum cash
Posted Tuesday, April 20 2010 at 16:34
The United States Government has pledged Sh150 million towards voter education on the proposed constitution before the referendum.
Speaking Tuesday, the US ambassador to Kenya said that his country will also offer funding towards the referendum process, to ensure that it is free and fair.
He urged Kenyans to register as voters so that they can decide on how they will vote during the referendum.
The proposed constitution, he added, will unite the country as the citizens have waited for long.
“The process is being followed intensively by the US Government,” he said during a joint press conference with Vice President Kalonzo Musyoka at the latter’s Jogoo House office.
He stated that the referendum is important for the government as it is the high point in the reform agenda.
“The US regards the new framework as the centrepiece of the entire reform agenda, very crucial to Kenya… and hopes that if put in place it will promote the country’s democracy and prosperity”, Mr. Ranneberger said.
Mr Musyoka said that if voted for, the draft constitution will be an “instrument of national healing.”
The government, he further said, will continue holding talks with the Church in order to have a non contested referendum.
“We cannot afford to personalise the review process. This is not a Church against the State issue and we cannot close the window on dialogue.”
“The constitution-making process is the sole responsibility of Kenyans and hopefully, this time, unlike in 2005, it will be non-contested,” he added.
Elsewhere, the National Youth Development Initiative said they will reject the draft constitution as they fear it will cause divisions in the country.
“We believe the country has not reconciled well enough and anything that can only polarise the nation will only cause a flare up,” the initiative’s chairman Mr Nick Sakwa said.
They urged the Attorney General not to publish the draft constitution until the contentious issues are addressed.
The country, Mr Sakwa added, is not at a constitutional crisis, thus the process should not be rushed.
“The draft has not been published nor the referendum dates set yet the two principals are on the campaign trail,” the youth leader noted.
He maintained that voters should be educated on the draft constitution before the campaigns for either side start.
source. nation.ke
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Kenya: Many now want the TJRC Commissioners to step aside
Posted by African Press International on April 20, 2010
Eyes on other TJRC officials as Murungi resigns
By Martin Mutua
Kenya’s dream of digging up and confronting the historical injustices committed since Independence receded as dark clouds gathered over the Truth Commission.
Ms Betty Murungi on Monday quit as a commissioner, about a fortnight after publicly demanding Chairman Bethuel Kiplagat’s resignation. Last month, she resigned as Kiplagat’s deputy over controversies stemming from regime. She, however, had to brave criticism it was hypocritical to resign as deputy on principle, but remained a salaried commissioner.
Her departure coincided with a petition by the Truth, Justice and Reconciliation Commission team for a judicial tribunal to investigate adverse claims against Kiplagat and recommend if he is suitable for office.
Murungi’s resignation also came ahead of a meeting on Thursday of the Parliamentary Select Committee and Justice minister Mutula Kilonzo that could seal TJRC’s fate.
Signs other commissioners may also be tempted to jump ship if only to salvage their individual credibility came when Mutula called on all of them to go home.
He is the bridge between TJRC and the President, who is the appointing authority. The petition by the commissioners was addressed to him.
Losing credibility
Last week, the Justice minister had announced he was planning to meet PSC Chairman Abdikadir Mohammed to discuss the TJRC impasse and even the possibility of its disbandment. Its internal conflicts, he argued, means it is losing credibility and cannot execute its mandate.
Seemingly going up in smoke are national aspirations on the truth about such crimes as political assassinations, ‘land grabbing’ by State officials, flagrant abuses of human rights, catastrophic economic crimes, and the legendary discriminatory tribal-based appointments.
These are some of the issues that constitute the unresolved Agenda Four Items blamed for Kenya’s internal conflicts and ethnic-based problems as discussed in the Serena Talks and entrenched in the National Accord and Reconciliation Act.
The resignation of one commissioner appeared not to satisfy the Justice minister who responded: “The sooner the other commissioners follow suit, the better. If I had my way I would have disbanded the commission for the sake of the country.”
He conceded TJRC had “squandered taxpayers money”. In response to its claim it has not been able to do much because it is under-funded, he retorted: “They cannot claim lack of funds yet they have squandered money doing nothing.”
The PSC Chairman said: “We have called a meeting on Thursday to chart a way forward following the latest developments.”
Murungi directed her resignation letter to President Kibaki and Prime minister Raila Odinga.
Become untenable
“I am writing to tender my resignation as Commissioner of the Truth, Justice and Reconciliation Commission pursuant to Section 16 (b) of the Truth Justice and Reconciliation Act (2008). I am doing so because my position has become untenable,” read the letter.
She thanked the Head of State for according her opportunity to serve the country in the commission.
“Whilst my position as commissioner has become untenable, I believe TJRC is an essential component of Agenda Four reforms and processes and it is my hope the noble objectives thereof will be met,” she added.
Her exit rekindled memories of State House’s gaffe when, in contradiction of the Act, the President picked her as TJRC deputy, a task outside his mandate.
Recruitment process
Mutula told The Standard in the event the commission is disbanded those who have served would not be allowed to reapply. The minister said allegations that were being brought against Kiplagat were not subject of the recruitment process when he was appointed.
“As line minister I am disappointed that no work has been done by the commission. I am eager to restart the process of recruitment of new commissioners,” he added.
In their petition, the commissioners said allegations had been raised against Kiplagat linking him to human rights violations that were to be investigated by the Commission. Kiplagat, who later said he would not quit until the tribunal was formed, also signed the petition.
Murungi’s resignation came a day after a fellow commissioner appeared on KTN TV to say the work at the commission was being hampered by shortage of staff and funds.
Said Mr Tom Ojienda: “We have no staff to take witness statements and funding taps have not been flowing.”
Ojienda revealed that the work of the commission was behind schedule by six months.
“We request that, pursuant to Section 17(2)(a) of the Act, a Tribunal be appointed that will, as set out in Section 17(2)(b) of the Act, inquire into the matter, report on the facts, and recommend to the President, whether or not the chairperson of the Commission should be removed from office,” read the petition by the commissioners.
According to the commissioners, the move had been necessitated by allegations of “misbehaviour or misconduct” by Kiplagat.
Irregular acquisition
The commissioners wanted the tribunal to specifically look into allegations of illegal or irregular acquisition of land by the chairman, and participation in the cover-ups of the assassination of the late Foreign Affairs minister Robert Ouko, and the Wagalla massacre by the military in Northern Kenya.
The commission based their call for the formation of a tribunal on the fact that prior to his appointment, Kiplagat swore an affidavit declaring that he “has not in any way been involved, implicated, linked or associated with human rights violations of any kind or in any matter which is to be investigated under the TJRC Act.”
Civil society groups have been at the forefront in demanding for Kiplagat’s resignation accusing him of alleged human rights violations when he served in various capacities during Kanu regime. South African Anglican cleric Archbishop Desmond Tutu is among high-profiled religious leaders who have called for Kiplagat’s resignation.
Kiplagat was defended by among others former Anglican primate Dr David Gitari, former President Moi and a section of Rift Valley Province leaders who urged him to stay put.
Apart from Kiplagat and his new deputy, Ms Tecla Namachanja, the remaining Kenyan TJRC members are Margaret Wambui Shava, Major General (rtd) Ahmed Sheikh Farah and Ojienda. The international experts at the commission are Ms Gertrude Chawatama (Zambia), Berhanu Dinka (Ethiopia) and Ronald Slye (USA).
source.standard.ke
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