interim statement
EISA Observation Mission Zanzibar Presidential, House of Representatives and Local Authority Elections 2005 (continued)

2 Findings of the Mission

The EISA Election Observer Mission, using the PEMMO as a guideline, made the following findings:

2.1 Constitutional and Legal Framework

The constitutional and legal framework in Zanzibar guarantees fundamental freedoms and human rights. The Muafaka II Accord, although now lapsed, was also instrumental in improving the pre-conditions for the 2005 elections. The Mission applauds the principles upon which the Muafaka II Accord were based and recommends that these principles be included in the legal framework for elections in Zanzibar.

2.2 The Zanzibar Electoral Commission

The ZEC is constitutionally empowered to supervise and deliver credible, free and fair elections. However the Mission noted concerns that the ZEC was not acting in an impartial manner. While the Muafaka II Accord has improved the political representation of the commission, the ZEC should demonstrate greater transparency and independence in its work to fully restore its credibility and the perception of its impartiality.

2.3 Voter Registration and the Voter's Roll

The Mission noted that there were numerous concerns regarding the voter registration process. These concerns tended to focus largely on two issues, namely: the denying of registration to eligible persons, and the multiple registration of some persons. The EISA Mission received consistent reports of various malpractices during the registration of eligible persons which were cause for confusion and were open to abuse. In particular, the use of Shehas in verifying the eligibility of persons to register created both confusion and allegations of bias against some voters. The Mission noted allegations that Shehas had denied voters the right to register for these elections despite legitimate claims that the persons in question were legally eligible to do so. This situation may have disenfranchised some persons who were otherwise eligible to register to vote. The Mission is concerned that the role of Shehas can undermine the electorate's confidence in the accuracy of the permanent voters' register, and should be reviewed in order to establish good practice during the registration process.

The Mission also noted that the cancellation of the contract with Waymark, a private firm contracted by the ZEC to conduct a thorough verification of the voter's register, was not handled in a manner that promoted transparency and confidence in the verification process. The Mission noted that the resulting delay in conducting the verification did not allow all stakeholders sufficient time to examine the register to their satisfaction, as the final register was released only days before the poll. The Mission further noted allegations of fraudulent representations by some persons with the aim of registering multiple times on the voter's register, either through registering under separate identities at the same registration centre, or through registering at several registration centres under the same identity, despite the ZEC's precautions. These voters were reportedly assisted in some instances by registration staff. The Mission was not in a position to verify the allegations. These complaints highlight the importance of a transparent and timely process of verifying the voter's roll, which satisfies all stakeholders.

2.4 Media Coverage

The Mission received reports of unbalanced coverage of the elections by the public media in favour of the ruling party, but was unable to monitor the media and form its own opinion on the matter.