Abiba Mamudo
Elections in Mozambique
(11 grad stream B3/2 )
Nampula secondary school
Nampula
2019
1
Abiba Mamudo
Elections in Mozambique
(11 grad stream B3/2 )
Homework to be presented into
English subject in 11 grad stream
B3/2 thought by:
Nampula secondary school
Nampula
2019
2
Índice
Introduction ................................................................................................................................. 3
CHAPTER 1: HISTORICAL AND POLITIC BACKGROUND .............................................. 4
CHAPTER 2: ELECTORAL INSTITUTIONS AND THE FRAMEWORK FOR THE
PRESIDENTIAL, NATIONAL, AND PROVINCIAL ASSEMBLIES ELECTIONS .............. 4
Electoral System .......................................................................................................................... 5
Presidential Election .................................................................................................................... 5
National Assembly Election ........................................................................................................ 6
Provincial Assembly Elections.................................................................................................... 6
Election Management .................................................................................................................. 7
CHAPTER 3: PRE-ELECTION DEVELOPMENTS................................................................. 8
Voter Registration ....................................................................................................................... 8
Voter Education........................................................................................................................... 8
Candidates, Parties, and Campaigns ........................................................................................... 9
Nomination of Candidates........................................................................................................... 9
Campaign .................................................................................................................................. 10
CHAPTER 4: ELECTION DAY .............................................................................................. 10
Counting the votes ..................................................................................................................... 11
CHAPTER 5: POSTELECTION DEVELOPMENTS ............................................................. 12
Vote Counting and Tabulation .................................................................................................. 12
Election Results ......................................................................................................................... 12
Conclusion................................................................................................................................. 14
Bibliography .............................................................................................................................. 15
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Introduction
In this work will be spoken about elections in Mozambique. With this topic we have got as main
purpose general speech about the topic behind mentioned. And we have as specific purpose the
following items:
To describe clearly each how has been made the elections in our country;
To talk about the system of elections which Mozambique has;
To mention the parts of election time;
To describe each of the parts of election time;
Why do we have to vote in our country?
We have to vote because good governance in everywhere around world is democracy voting is
the on which we can challenges and claim the decentralization, and to promote a negotiation
processes among parties, polarization of national politics, and social issues.
This job to be done was necessary the use of statistic method and hermeneutical method to
interpret what we found out about the topic and the book which was consulted will be mentioned
in the final bibliography.
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CHAPTER 1: HISTORICAL AND POLITIC BACKGROUND
Mozambique gained independence from Portugal in 1975 after a decade of intermittent fighting
lead by the anti-colonial Liberation Front of Mozambique (Frente da Libertação de Moçambique,
or FRELIMO). A one-party state was established by leaders of FRELIMO’s military campaign,
and the party enjoyed widespread support as the liberation party following independence. Civil
war emerged in the decade following independence. Mozambique National Resistance
(Resistencia Nacional Moçambicana, or RENAMO) formed as the main challenger to FRELIMO
with initial support from white minority governments in Rhodesia and apartheid South Africa.
Eventual peace talks led to a new constitution in 1990 that laid the foundation for a market-based
economy, democratic elections, and a multiparty political system. The signing of the Rome
General Peace Accords in 1992 formally ended the war, following the death of more than 1
million, displacement of millions, and extensive social, political, and economic devastation. The
country’s first democratic elections were held two years later in 1994. FRELIMO won that
election as well as subsequent elections in 1999, 2004 to the last elections. RENAMO, defeated
in each of these elections, rejected the results every time.
CHAPTER 2: ELECTORAL INSTITUTIONS AND THE FRAMEWORK FOR THE
PRESIDENTIAL, NATIONAL, AND PROVINCIAL ASSEMBLIES ELECTIONS
A sound legal framework is essential to the administration of democratic elections and to
ensuring that a country upholds its international obligations. The legal framework includes
constitutional provisions, domestic laws, and regulations regarding the electoral process. Based
on its international commitments, Mozambique is obligated to take measures to promote the
principles of the rule of law, recognizing that laws must be consistent with international
principles of human rights. Mozambique’s 1990 constitution holds that norms of international
law have the same force in Mozambique as national legislation The presidential, National
Assembly, and provincial assembly elections are regulated by a comprehensive legal framework,
including the constitution and law 15/2009, which establishes the legal regime for holding
simultaneous presidential, National Assembly, and provincial assembly elections. Presidential
and National Assembly elections are governed by law 8/2013, most recently amended by law
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12/2014 and adopted as a compromise among political parties. Provincial assembly elections are
governed by law 4/2013, most recently amended by law 11/2014. The election law includes rules
on campaigning, campaign finance, election offenses, and media coverage.
Other applicable laws include law 5/2013, amended by law 8/2014 on voter registration; law
6/2013, amended by law 9/2014 on election administration; law 6/2006, amended by law 5/2008
on the Constitutional Council; law 7/91 on political parties; and laws 9/1991 and 7/2001 on
freedoms of association and demonstration. Overall, Mozambique’s legal framework provides a
sound basis for the conduct of democratic elections and reflects international standards. The
constitution guarantees fundamental rights and freedoms, includes the basic principles of the
electoral system, and contains a safeguard against frequent changes, as requirements for
amendments are more rigorous than those for other laws. In general, electoral legislation was
enacted sufficiently in advance of reforms typically have been negotiated by a few political elites
from FRELIMO and RENAMO without broad input.
Electoral System
The electoral system translates the will of the people into a representative government.
International standards do not prescribe any specific electoral system, allowing individual states
to decide. Mozambique holds elections at three levels: the national level for a president and
National Assembly, the provincial level for provincial assemblies, and the local level for the
president of the municipal council and municipal assemblies. The 2014 general elections in
Mozambique included polling for presidential, National Assembly, and provincial assembly
seats.
Presidential Election
The president of the republic is elected directly by popular vote with an absolute majority of
valid votes. If no candidate wins the required majority in the first round, a second round between
the top two candidates will be held within 30 days of the validation and proclamation of the
results of the first round. The candidate who receives the highest number of votes in the second
round is elected. The president is elected to serve a five-year term and can be elected two
consecutive times.
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National Assembly Election
The 250-member unicameral National Assembly (Parliament) is elected for a five-year term
under a closed-list proportional system within 13 multimember electoral districts that correspond
to the country’s 10 provinces, Maputo city, and two out-of-country constituencies, one for Africa
and one for the “rest of the world.” The African constituency consists of South Africa,
Swaziland, Zimbabwe, Malawi, Zambia, Tanzania, and Kenya.
The global constituency includes Portugal and Germany. National Assembly seats (mandatos)
were distributed by the CNE according to Article 165 of Law 8/2013, which outlines the
formulas and procedures used to ensure that each seat represents as closely as possible the same
number of constituents, upholding the principle of equal suffrage and ensuring that all votes
translate into equal representation. Political parties and party coalitions contest the elections with
closed candidate lists that are submitted and approved by the CNE for each district. In the
closed-list proportional representation system, voters cast only one vote for a party and cannot
choose the candidate of preference for the proposed list.
As a result, the higher a candidate is placed in the list the greater his likelihood of being elected.
The selection and the order of the candidates on the lists are decided by the parties. Voters at the
polling station vote for the party without necessarily knowing the names of candidates on the list,
and they cannot vote for different parties for different seats. The closed-list system does not
incorporate a “zipper” or “zebra” mechanism that would ensure that women are placed evenly
throughout the list. See the Executive Summary for a recommendation to amend the electoral
law to create a zippered list that could advance women’s participation in politics.
Provincial Assembly Elections
The total number of seats elected in the provincial assemblies is 811 nationwide, ranging from 70
in Inhambane and Gaza to 92 in Zambézia and 93 in Nampula. Like the National Assembly
election, the electoral system in the provincial assemblies is a proportional system with closed
lists.
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Election Management
A critical means to promote the transparency of an electoral process and facilitate the
participation of citizens in the democratic process is an independent and impartial election
management body. A transparent, accountable, and professional body is regarded as an effective
means of ensuring that other international obligations related to the democratic process can be
met. The election management body should ensure accountable, efficient, and effective public
administration of elections and should ensure that the electoral process is in compliance with
Mozambique’s regional and international obligations for democratic elections and human rights.
In accordance with international obligations, Mozambique’s Constitution holds that elections
should be “supervised by an independent and impartial body, the composition, organization,
operation and powers of which shall be established by law.” A National Elections Commission
(CNE) administers elections with administrative support from a Technical Secretariat for
Election Administration (Secretariado Técnico da Administração Eleitoral, or STAE).
Overall, political parties and other stakeholders reported that the CNE conducted its
responsibilities in advance of the elections with credibility, professionalism, and transparency.
The confidence stakeholders placed in the CNE was a positive mark and an important
improvement upon past elections. Notwithstanding this positive performance, however, The
Carter Center notes that the politicization of electoral administration does not comply with the
international standard for independent, neutral, and professional electoral bodies. Despite the
political rationale behind the reform that led to the presence of political parties at all levels of
election administration, the Center encourages a careful review of the structure of the CNE and
STAE to ensure an independent, neutral, and professional electoral body and to identify other
means of maintaining parties’ confidence in the system.
The composition, organization, and management of the CNE have changed since Mozambique’s
first multiparty elections in 1994, with frequent legislative changes to address problems
regarding the transparency, capacity, and neutrality of the body.
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CHAPTER 3: PRE-ELECTION DEVELOPMENTS
Voter Registration
Voter registration is recognized as an important means to ensure the rights of universal and equal
suffrage, and it should be made available to the broadest pool of citizens possible without
obstacles. The rights of universal and equal suffrage are fundamental in democracies and are a
critical part of democratic elections. Rules for voter registration established by Law 5/2013
require that the voter register be maintained in a manner that is transparent and accurate and that
it protect the right of qualified citizens to register and prevent unlawful or fraudulent registration
or removal of eligible voters in conformity with Mozambique’s international commitments.
Although The Carter Center did not directly observe the voter registration process prior to the
2014 Mozambique general elections, the Center notes that the voter registration process appeared
to satisfy political parties and stakeholders. For the first time, the voter register — including the
number of registered voters per polling station — was distributed to political parties well before
Election Day as a measure to increase the transparency of the process.
Voter Education
Voter education is an essential part of the electoral cycle and is recognized under international
law as an important means of ensuring that an informed electorate is able to effectively exercise
its right to vote without obstacles to ensure universal and equal suffrage. As The Carter
Center preliminary statement affirmed, voter education in Mozambique is of particularly critical
importance given that according to UNESCO data, the country’s total adult illiteracy rate is close
to 50 percent. The fact that three elections were conducted simultaneously also complicated
voters’ understanding of procedures, with some Carter Center and EISA observers noting that the
process seemed unclear especially to elderly and first-time voters. Willing and ready to
participate fully in the electoral process. Dissemination methods included door-to-door
sensitization, posters, and television and community radio programs in Portuguese and local
languages.
EISA long-term observers witnessed voter education activity in all provinces, executed by
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STAE as well as by a number of civil society organizations. Regrettably, according to observer
reports, voter education agents faced logistical challenges, especially in some rural areas, such as
lack of transportation and resources. Voter education agents reportedly experienced difficulties
in accessing some RENAMO-controlled areas of Gorongosa district, Sofala province. The Carter
Center recommends conducting more train the- trainer sessions, especially in rural areas, to
improve dissemination of information.
Candidates, Parties, and Campaigns
Equitable treatment of candidates and parties during elections as well as the maintenance of an
open and transparent campaign environment is important to protecting the integrity of
democratic elections and the right of every citizen to be elected. The right to be elected is a
universal right requiring that states ensure that their citizens have the opportunity to stand for
elected office, free from unreasonable restrictions.
Nomination of Candidates
For the presidential elections, a successful candidacy must be supported by authenticated
signatures of at least 10,000 registered voters. The Constitutional Council is in charge of
reviewing the validity of the requirements and validating candidatures, and there is no appeal of
their decision. The voters roll is used to compare the validity of card numbers, and if the number
appearing in the documentation appears to be inconsistent with what appears in the voters roll,
the signature is considered invalid. Signatures were notarized in person, which presented a
greater burden on smaller parties.
Out of 11 proposed presidential candidates, the Constitutional Council approved three candidates
and rejected eight because of insufficient supporting signatures. The signatures were rejected for
several reasons, among them because they were not authenticated by a notary or because of
incorrect voters card numbers or because voters signed for several candidates.
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Campaign
The right of individuals to participate in public affairs, including through the establishment of
and free association with political parties and participation in campaign activities, is an
international obligation and a fundamental electoral right.
Equal treatment of candidates and parties during an election as well as the maintenance of an
open and transparent campaign environment is important to protecting the integrity of the
democratic election process. Although the campaign period was largely peaceful, EISA long-
term observers reported isolated incidents of intimidation and violence. As in past elections,
there were concerns over the ruling party’s use of state resources for its campaign. Throughout
the campaign period, EISA observers noted an imbalance of resources in FRELIMO’s favor and
reports of its continued unlawful use of state resources for its campaign. Observers’ reports also
noted the presence of state vehicles in campaign activities in parts of the country.
Most campaign activity consisted of door-to-door canvassing, rallies, caravans, and posting of
posters and leaflets. For the most part, political parties were able to organize and carry out their
activities freely.
However, there were reports of MDM officials and candidates being harassed and threatened by
FRELIMO activists and officials. In one instance, the MDM presidential candidate’s caravan
was confronted and harassed by crowds of FRELIMO supporters in Gaza. On several occasions,
CNE President Abdul Carimo made public calls for calm and for party activists to refrain from
violence. Unfortunately, the last day of the campaign was marked by clashes between party
supporters in Nampula city and Angoche, resulting in injuries and three deaths.
CHAPTER 4: ELECTION DAY
The quality of voting operations on Election Day is crucial to determining the degree to which an
election is consistent with its democratic obligations. According to Mozambique’s international
and regional commitments, all citizens should enjoy the right to universal and equal suffrage,
subject only to reasonable and objective limitations.
A core obligation under international law is that elections shall be held by secret ballot, which is
recognized as a means of ensuring that the will of the people is expressed freely and that a cast
ballot cannot be connected with a voter to avoid intimidation and political retribution. Except in
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cases where a voter, such as an illiterate or disabled voter, is being lawfully assisted, a voter
cannot waive his or her right to secrecy of the ballot. On Election Day, EISA and Carter Center
observers visited a total of 543 polling stations in 83 districts, where they observed the opening
of the polls, along with the voting, closing, and counting process. The Carter Center summarized
its observations about the pre-electoral period and the Election Day process in its preliminary
statement released two days after polling.
The Center commended the professionalism and responsiveness of the CNE during the pre-
electoral period and the voting process and congratulated Mozambicans on a largely peaceful
vote. As affirmed in the preliminary statement, although the polling process was conducted
largely in an atmosphere of calm, EISA and Carter Center observers noted a number of isolated
security incidents during the counting process.
Observers evaluated the implementation of Election Day procedures as “very good” or
“reasonable” at almost all polling stations visited.
The Carter Center reported in its preliminary statement that ballot papers were provided in
sequential serial numbers that corresponded to the range of numbers indicated on ballot stubs and
were, in turn, assigned to specific polling stations. The practice of having serial numbers on both
ballots and ballot stubs was introduced as a tool to better track electoral material distribution and
reduce possible fraud at polling stations. However, the combination of these measures —
together with the access to the list of voters for every polling station — poses very real threats to
the right of the secrecy of the ballot, particularly in rural areas. In addition, the procedures for
special voting by polling station staff, police, and others could have compromised the secrecy of
the vote in locations where few special votes were cast.
The Carter Center recommends that the CNE take steps to ensure that the secrecy of the ballot is
fully protected in future elections, while finding alternative safeguards for preventing fraud and
increasing transparency in the process.
Counting the votes
Accurate and fair vote counting plays an indispensable role in ensuring that the electoral process
is democratic and reflects the will of the voters. International and regional commitments require
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that votes be counted by an independent and impartial electoral management body. The counting
process must be public, transparent, and free of corruption.
CHAPTER 5: POSTELECTION DEVELOPMENTS
Vote Counting and 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. The tabulation of results should be
verifiable and transparent at all levels of the election administration. The observation
methodology of The Carter Center and EISA included an extended presence of observers across
the country in the postelection period to provide a focus on the tabulation process. Fifty-four
observers from The Carter Center and EISA observed the tabulation of results at the district,
provincial, and national levels as well as the complaints process in 26 districts across
Mozambique. Tabulation centers observed by the Center and EISA followed different procedures
and commenced and ended aggregation at different times. Observer teams completed observation
forms and submitted multiple written reports during this period. Qualitative data was also
collected from observer teams through phone calls.
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 reported by observers were a lack of understanding of the process
by tabulation center staff, a lack of clear procedures, and significant levels of disorder. 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.
Election Results
The National Elections Commission announced results on Oct. 30, the last day available
according to the electoral calendar. The results were then confirmed by the Constitutional
Council on Dec. 30. At the time of the announcement of results by the CNE, four appeals were
still awaiting decision by the Constitutional Council. Although established deadlines were met
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by the CNE with the announcement of results on Oct. 30, the Constitutional Council must
validate results, and it has no official deadline by which to do so.
Before future elections, consideration should be given to the time frame for the announcement
and validation of results as well as the time frame for resolution of election-related disputes, to
ensure that the time frames are complementary. According to the electoral law in Mozambique,
results should be announced at subsequent levels of tabulation within specific deadlines. In some
cases, this did not happen in time. Following the announcement of results at the polling station,
district, and provincial levels, the CNE assesses invalid and blank votes from all provinces
before issuing the national results of all elections. Following the complaints process, the
Constitutional Council validates results that are, in turn, declared final by the CNE. Although
preliminary results should be announced within 15 days of Election Day, the complete process
can take several months.
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Conclusion
Finally we conclude speaking specially about Election reform. The government of Mozambique
should undertake a comprehensive electoral review process that seeks to go beyond the ad hoc
revisions that have followed past elections, creating a robust legal framework that fully reflects
Mozambique’s international commitments for democratic elections and avoids political
influence. A specific area of focus should be review of the structure of election management
bodies. Articles in the electoral laws that refer to the presence of political party members within
the election administration should be reviewed and alternative ways considered to maintain
parties’ confidence in the system. The politicization of the CNE is not an effective model. Future
elections should be administered by a fully nonpartisan, transparent, and accountable election
administration body.
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Bibliography
CARTER CENTER. Election report: presidential and provincial assembly elections in
Mozambique. One copenhil, Atlanta: 2014.
