The Role of EMBs and Political Parties in Between Elections: The Case of Malawi

1. The Role of EMBs and Political Parties in Between Elections:The Case of Malawi Kizito Tenthani Executive Director Centre for Multiparty Democracy Malawi Email: kizito@sdnp.org.mw Presented to The 5th GEO Conference in Gaborone, Botswana on 7-9 March 2011

2. Outline of the Presentation • Introducing the CMD - Malawi • Setting the Scene • The Electoral Cycle • Theoretical Perspective • Role of EMBs in between Elections (creating spaces for free and fair elections) • Concluding Remarks

3. Introducing the CMD - Malawi • A platform for dialogue for political parties • Objectives • To encourage and inculcate a culture of dialogue between political parties and institutions that support multiparty democracy. • To facilitate mediation in conflicts between political parties. • To strengthen the capacity of political parties in deepening and consolidating democratic governance • Membership: All parties with representation in parliament. BUT non parliamentary parties are represented as a block.

4. Setting the Scene • After four consecutive elections in Malawi (1994, 1999, 2004, 2009) we seem to be battling with the same problems. • Chaotic voters’ register • Unlevel playing field e.g. biased public media • Use and abuse of public resources • Electoral violence • This could be because elections are taken as an event not a process • Hence this presentation to explore roles that EMBs can play in between elections

5. The Electoral Cycle Post election handling complaints/ conflict resolution Registration & education voters Election day & counting votes Election campaign Nomination & registration candidates Different stages may overlap in time but they represent distinct phases of the election process.

6. The Theoretical Perspective • Institutionalism • Neopatrimonialism (adapted from from Chasukwa, undated, unpublished)

7. Institutionalism • There is need to understand the role of EMBs and stakeholders in creating the spaces for free and fair elections • The success of elections depends on factors among them the establishment of relevant spaces and institutions (rules of the game) and making those spaces and rules (institutions) work accordingly • Involvement of the stakeholders in the electoral spaces has the potential of facilitating a free or fair elections • Creation of spaces is a political process. Spaces are to make decisions and build consensus related to the electoral processes. (Gaventa, Berberton, Blake and Kotze, 2006) • And this ought to be done when the stakes are not high i.e. In between elections

8. Neopatrimonialism • Most democratizing countries are hybrid regimes • Stuck in between authoritarianism and democracy • Governance structures, including electoral “spaces” are based on a combination of these • A case in point is the appointment of electoral commissioners themselves that has an effect on their trustworthiness and credibility which are critical elements for an acceptable electoral commission. • Neopatrimonial type of governance has implications on the creation of electoral “spaces”; formation is based on Patron-client: and this needs to be checked or risk dysfunctional “spaces”.

9. Spaces: Definition and Types • Electoral spaces refer to “…realms/moments, in which events throw up new opportunities, reconfigure relationships among actors or bring in new actors, and open up the possibilities of a shift in direction.” (Grindle and Thomas) • Electoral spaces are a product of continuous change that leads to dialogue, negotiation and consensus. • Electoral spaces widen and extend opportunities to electoral stakeholders in decision-making processes hence deepening democracy and make elections more credible.

10. Types of Electoral Spaces: Case of Malawi • National Elections Consultative Forum (Necof) • Multiparty Liaison Committees (MPLC) - Avenues for conflict prevention, management and resolution) • The Centre for Multiparty Democracy (CMD): Dialogue platform for political parties • Electoral Commission / CMD Forum: to create trust between the EC and Political Parties

11. The Role of EMBs in Between Elections… • Creating a dialogue platform (space) with stakeholders especially political parties i.e. openness to dialogue • To lead a process of an objective audit and evaluation of previous elections and ensure that a roadmap is created for implementing the lessons learnt (e.g. elections in both 2004 and 2009 we deemed free and unfair!) • Cleaning the voters register • Discussing with Political parties and Civil Society on Parallel Voter Tabulation • Defining the role of, and train security agents in electoral related matters • Leveling the playing field when stakes are low i.e. use of public resources especially public media • Discussing unfinished business i.e. nomination fees, voters register, demarcation of constituencies

12. …The Role of EMBs in Between Elections • Explaining to political parties the voting and tabulation procedures • To discuss and put in place conflict resolution mechanisms and animate the Multiparty Party Liaison Committees at district level • Discuss and announce the electoral calendar in good time • Explain and orient stakeholders in any new technologies employed • Initiate the legislation of changes in the electoral law e.g. 48hr rule and period between announcing results and inauguration of the president • Discuss and reach a code of conduct for political parties during elections and popularize it before elections

13. Conditions for Successful Spaces in between Elections • Participation • Accountability • Inclusivity • Honesty • Transparency • Constitutionalism • Dynamic leadership – responsive • Consensus building

14. Conclusion • A credible electoral commission is critical for a credible and acceptable election • Perceptions matter in in politics and elections: the perception in Malawi was that the EC was there solely to serve the interest of the incumbent president • The problem was not with their competence, but how they were appointed • Hence the initiative of CMD to create a dialogue platform (space) between the EC and political parties to improve trust and enhance credibility of the Electoral Commission • This dialogue can bear lasting fruits if it takes place when stakes are low i.e. in between elections