The Role of EMBs and Political Parties in Between Elections: The Case of Malawi Kizito Tenthani Executive Director Centre for Multiparty Democracy Malawi Presented to The 5th GEO Conference in Gaborone, Botswana on 7-9 March

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 2

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. 3

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 4

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

The Theoretical Perspective Institutionalism Neopatrimonialism (adapted from from Chasukwa, undated, unpublished) 6

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 7

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”. 8

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. 9

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 10

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 11

…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 12

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

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 14