藏精阁

Contact: In Maputo, Mario Orru, +258 845 341 15
In Atlanta, Soyia Ellison, soyia.ellison@emory.edu

Following observation of the pre-election environment and election day itself, 54 observers from Carterand the Electoral Institute of Sustainable Democracy in Africa (EISA) remained deployed across the country to observe the immediate post-election period, including tabulation and certification of results at the district and provincial levels, as well as the complaints process. Observers witnessed a tabulation process that lacked clear, consistent procedures, was disorderly, and in some cases lacked the transparency necessary to enhance confidence in the process.

Carternotes that Mozambique's elections were conducted within a framework negotiated and agreed to by political parties and ratified by the national assembly. Carterand EISA observers visited 543 polling stations on election day and reported a generally peaceful and orderly process, without any significant irregularities.[1]

Carterurges all parties to continue to respect the electoral process and to utilize established mechanisms for the resolution of any election-related complaints. The electoral dispute-resolution mechanisms in place for these elections are the result of negotiations between political parties and are an improvement upon procedures in place for past elections.[2] Mozambique's political parties and leaders should liaise closely with relevant authorizes to ensure that any complaints are filed appropriately and can be resolved in a timely manner.

Tabulation
Tabulation of results is an integral phase of the electoral process that ensures the will of voters is accurately and comprehensively reflected in final results.[3]

Fifty-four observers from Carterand EISA observed the tabulation of results at the district and provincial levels, as well as the complaints process in 26 districts across Mozambique. Observers witnessed a tabulation process that lacked clear, consistent procedures, was disorderly, and in some cases lacked the transparency needed to enhance confidence in the process.

Carteroffers the following recommendations to improve the tabulation process in future elections in Mozambique:

• Electoral results should be published by polling station to further reinforce the transparency of the process.
• Clear regulatory provisions should be developed to establish meaningful access for observers to all stages of counting and tabulation, in addition to the rest of the electoral process.[4]
• Clear and detailed procedures should be developed, with advance training for staff, on improved verification, tabulation, and results publications processes.

Summary of Observations
Overall, observers evaluated the tabulation process as very good or reasonable in 73 percent of districts observed, poor in 12 percent of districts observed, and not credible in 15 percent of districts observed. In the districts where observers evaluated the process as poor or not credible, the main problems were a lack of understanding of the process by tabulation center staff and a lack of clear procedures. Observers reported that the tabulation process lacked clear, consistent procedures, was disorderly, and in some cases lacked a level of transparency critical to enhancing confidence in the process.

Observers received reports of possible manipulation of results in two tabulation centers visited - Lichinga in Niassa province, and in the Beira district of Sofala province - and are aware of allegations of manipulation of results during the tabulation period.[5] Where these allegations exist, the Carter Center calls upon stakeholders to gather adequate evidence and address these concerns through appropriate mechanisms. Any allegations of manipulation of results should be addressed before any conclusions are drawn about the electoral process and its outcome.

Mozambique has a notable absence of CNE/STAE regulations concerning procedures for the transfer of materials and the tabulation of results. Although deliberation No. 2/CNE/2014 of Aug. 9 provides an overview of the relationship between different levels of the process, it does not provide detailed information about the tabulation process itself. The technical preparations and training of the district-level election staff for the tabulation were not adequate and resulted in a disorderly and slow tabulation process not meeting a number of legal deadlines.[6] The tabulation of results should be verifiable and transparent at all levels of the election administration.[7] Carterrecommends that the CNE/STAE develop clear workflow procedures for the tabulation of results at the district, provincial, and national levels for future elections.

In advance of the tabulation process, Carterand EISA released a joint statement expressing concern regarding observer access to all stages of the tabulation process.[8] While Carterwelcomes the fact that the CNE publicly stated that observers should have access to all stages of the process[9], in practice this directive was not always implemented. In some instances, EISA and Carter Center observers noted that because of either the behavior of STAE officials or unclear information regarding tabulation center locations and start times, some observers were not able to have meaningful access to all stages of the tabulation. For example, in Tete, observers were not able to obtain accurate information regarding the timing of the beginning of the tabulation process; in Pemba, observers were temporarily refused access to the tabulation center; in Inhambane, the location of the tabulation center was not initially disclosed to observers by STAE and CNE officials; and in Xai Xai, Gurué, and Chamanculo districts, observers were allowed into the room but did not have sufficient access to be able to verify data as it was entered into the system.

In all cases in which observers experienced initial challenges in accessing the process, the challenges were ultimately resolved satisfactorily, but sometimes too late to allow thorough observation and assessment. Following good practice internationally, both candidates or their representatives and accredited observers should be allowed to observe the counting and tabulation of the votes.[10] Carterrecommends that steps be taken by the CNE/STAE to increase transparency during the tabulation process, which is necessary to ensure confidence in the process and its outcome.

EISA and Carter Center observers witnessed party representatives present in the majority of tabulation centers visited. However, party representatives were not always present for all stages of the process.[11] In cases where no party representatives were present, it was because the parties were represented in the staff, even though these individuals are required to serve as neutral staff members and not necessarily as a political party member representing the party's interests. In Meconta district of Nampula province, EISA and Carter Center observers reported that while they were given access, others were not allowed to observe, including citizen observers, the media, and political party representatives.

The legal framework and CNE regulations leave room for interpretation as to when tabulation should begin and what the procedures should consist of. Furthermore, while a CNE regulation indicates a division of responsibilities between the CNE and STAE, the text is subject to different interpretations.[12] Observers reported that in at least two district offices, STAE conducted operations alone.[13] It was up to the tabulation center chairperson to decide if the processing of results protocols would begin once all materials and protocols were received, or if they would be processed on a rolling basis. EISA and Carter Center observers witnessed both methods during the tabulation process. Most of the observed district election committees conducted tabulation on a rolling basis, while at least eight waited for all polling material to arrive. As a consequence, a discrepancy was noted between starting times.[14]

In some locations, observers noted that staff received inadequate supplies to support tabulation, limited to calculators and stationery, which resulted in a mix of aggregation methods. While in most cases computers were used to aggregate results, sporadic cases of using only paper or chalkboard were witnessed.

In regard to the verification of polling station results during subsequent tabulation processes, EISA and Carter Center observers noted only six cases in which polling station results were reviewed and verified at some stage of the tabulation process. In the majority of locations observed, the tabulation process consisted of copying figures from the polling station results sheet and entering them into the aggregated results. In future elections, written tabulation procedures should include clear steps for the verification of results, a critical component of a tabulation process. In particular, the Center recommends that Mozambique establish clear procedures for cases where there are mathematical problems with results sheets (editais), such as numbers not totaling correctly or the number of valid votes exceeding the number of registered voters.

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"Waging Peace. Fighting Disease. Building Hope."
A not-for-profit, nongovernmental organization, Carterhas helped to improve life for people in over 80 countries by resolving conflicts; advancing democracy, human rights, and economic opportunity; preventing diseases; and improving mental health care. Carterwas founded in 1982 by former U.S. President Jimmy Carter and former First Lady Rosalynn Carter, in partnership with Emory University, to advance peace and health worldwide.

1. 藏精阁, "CarterCongratulates Mozambicans on Largely Peaceful Vote; Encourages Calm as the Tabulation Process Continues," Oct. 17, 2014.
2. For more information about the electoral dispute-resolution mechanisms, see the Center's preliminary statement released on Oct. 17.
3. U.N., International Covenant for Civil and Political Rights, art. 25(b); AU, Declaration on the Principles Governing Democratic Elections in Africa, art. 1.
4. Law no. 8/2013, article 263 sections 1(a) and (c) state that election observers shall enjoy freedom of movement and have the right "to observe the subsequent electoral preparations at all levels, namely the collection of data, the centralization and count of the election results at district, city provincial and central levels, including the publication, announcement, validation and proclamation of the election results." To ensure that this law is realized in practice, clear regulations should be provided to ensure that this right is adequately respected and enforced consistently.
5. In Lichinga, observers received numerous but unconfirmed reports that a group of people visited the tabulation center on the night of Oct. 16 and replaced results forms. In this district, there were also unconfirmed reports of attempts to change numbers. In Sofala province, observers received reports of a Frelimo supporter who was arrested for allegedly falsifying results sheets in favor of Nyusi.
6. For example, Pemba and Tete city aggregation of the results past the legal deadline and accordingly also submission of the aggregated tables of results to the respective provincial election commissions past the legal deadline.
7. OSCE, Election Observation Handbook (Fifth Edition), p. 63.
8. EISA and 藏精阁, "EISA and CarterWelcome CNE Commitment to Transparency of Mozambique's Electoral Process," Oct. 10, 2014.
9. In advance of the elections, the CNE confirmed that they would uphold Law no. 8/2013, article 263 section 1(a) and (c), which states that election observers shall enjoy freedom of movement and have the right "to observe the subsequent electoral preparations at all levels, namely the collection of data, the centralization and count of the election results at district, city provincial and central levels, including the publication, announcement, validation and proclamation of the election results."
10. Southern African Development Community. Principles and Guidelines Governing Democratic Elections. Mauritius: Southern African Development Community, 2004. Para 7.8. United Nations Center for Human Rights. Human Rights and Elections: A Handbook on the Legal, Technical, and Human Rights Aspects of Elections. New York and Geneva: United Nations, 1994, para 112.
11. In 44 percent of centers, all three parties contesting the presidential elections were represented; in 16 percent of centers only FRELIMO was represented; and in all other instances, either a combination of parties was represented, or it was not possible for observers to determine which party agents were present.
12. Directiva sobre sufrágio e apuramento dos resultados das eleioes, presidenciais, legislativas e das assembleias provinciais de 2014.
13. These districts were Chokwé, Gaza Province, and Ilha de Moçambique, Nampula Province.
14. In one case, in Montepuez, Cabo Delgado, EISA and Carter Center observers reported that actual tabulation did not begin until Oct. 18.

O "Carter Center" Apela Aos Intervenientes Para Respeitarem Os Processos Democráticos