PRESS RELEASE                                                                          Lilongwe, Malawi, 14 September 2017

Malawi is at an important juncture in its electoral history. There is a moment of opportunity for the country to take positive steps to improving its electoral process to ensure inclusive, transparent and credible polls, which enjoy public and political confidence. The European Union (EU) stands ready to continue to support the country in this vitally important task. We fully support the Government to table the electoral reforms in November 2017 as they have undertaken to do so. The EU Follow-up Mission finds the electoral reforms important for Malawi to maintain positive momentum ahead of the 2019 election and meet the public expectation of timely parliamentary consideration of proposed changes.

The EU has deployed an Election Follow-up Mission (EFM) to Malawi to assess the current electoral reform process and the extent to which previous EU election-related concerns and recommendations have been addressed. The EU EFM, led by Ms. Birgitte Markussen, Director for Africa at the European External Action Service, has met a wide range of Malawian and international stakeholders, including H.E. the State President, the Minister of Justice and Constitutional Affairs, the Speaker of Parliament, a representative of the Chief Justice, the Malawi Electoral Commission (MEC), government representatives, political parties, Public Affairs Committee, civil society and the media.

Since the introduction of multi-party politics in 1994, Malawi is establishing a tradition of electoral democracy. Now, the country is taking some important steps to review the framework for elections and a broad range of reforms has been proposed. Going forward, it is critical that further deliberations on prospective reforms continue to be inclusive, that stakeholder confidence is maintained and that the revised framework is agreed in good time to enable preparations for 2019 to commence. Crucial in this is the timely gazetting of reform bills to allow for publication 28 days prior to being tabled during the sitting of Parliament in November 2017. This allows for sufficient scrutiny and deliberation.

Based on the findings of the EU EOM of 2014:

• The main challenges in the conduct of the polls in 2014 were related to voter registration, election day preparations and results management, as well as malpractices during the campaign, including abuse of state resources. Many of the EU EOM’s recommendations could be addressed if the proposed legal reforms are adopted and the administrative reforms envisaged by MEC are implemented. Addressing the shortcomings observed in both 2009 and 2014 will be critical to strengthen Malawi’s democratic process and maintain public confidence.

• If completed successfully, the introduction of a National ID Card will be a major step forward for the country. Identity cards will be of great benefit to Malawians in many aspects of their lives, including elections. In undertaking voter registration, MEC is proposing to make use of the National ID card, which should minimise errors and reduce costs. MEC envisages having this completed well in advance of May 2019. If achieved, this will be a major step forward for voter registration compared to previously, but MEC needs to ensure the system it decides upon is realistic, viable and deliverable.

• MEC also has new plans to ensure the delivery of election materials in advance of election day, and to ensure polling centres have all the materials required to open on time. It is critical that MEC, in collaboration with Government, ensures adequate transportation is made available in a timely manner to ensure operational plans can be fulfilled.

• We very much hope that the system for results and tallying can be made more effective and reliable than in 2014. We note that MEC has made a positive change to how result sheets are completed and foresees the creation of constituency tally centres. It is also important that staff in polling centres are well trained on reporting results; results are posted at polling places; and that the system for the transmission of results is tried and tested well before election day.

• The EU EFM welcomes that there is consideration of how to increase the level of women’s representation in the National Assembly, and we note that a proposal on women’s representation has been made in the Law Commission’s report. In view of the number of concerns expressed to the EU EFM, we propose that, if adopted, it may be prudent to conduct a review after the 2019 elections to assses how successful it was. More broadly, it is important that parties mainstream gender equality within their structures and nominate women in good numbers as candidates.

• Election campaigns in Malawi have been generally peaceful, and it is critical that in future all contestants are able to campaign freely without intimidation or hindrance and that there is a level playing field. In 2014, the EU EOM recommended the introduction of requirements for parties to disclose sources of funding and details on campaign expenditure. We welcome that some aspects of this have been proposed in the draft Political Parties Bill. However, the draft Bill does not contain adequate disclosure requirements on private funding of parties nor any requirements for disclosures on campaign spending, which could help to increase transparency and accountability. We note also that there is no clear mechanism to enforce the ban on misuse of state resources.

• The EU EOM observed bias in reporting by state media during both the 2009 and 2014 elections. There is a need to enforce the law which requires fair and balanced electoral coverage. In addition, independence of the state broadcaster and the communications regulator should be further enhanced.

• Accessible and effective systems of electoral dispute resolution are a crucial factor in ensuring peaceful elections. While no legal reforms have been proposed in this area, it is important that the new legal department of MEC elaborate dispute resolution procedures.

In terms of other matters proposed in the reforms:

• The EU EOM did not comment on the electoral system nor make any recommendations in this regard in 2014, in line with our standard practice. The choice of electoral system is a national decision. The prospects of any reform should be for the next election to be better than the previous one and thereby strengthen the democratic process in Malawi.

• Proposals by the Law Commission to increase the independence of MEC, including through strengthening procedures for the appointment of Commissioners and the creation of an Election Fund, are in line with international best practices and could make a meaningful contribution to further increasing public and political confidence in future elections. It is important for MEC, in collaboration with Government, to develop a budget covering all potential electoral scenarios to ensure a high state of preparedness, facilitating the timely funding of MEC as required.

__________________________________________________________________________________

The EU has provided technical assistance, financial contributions and international election observation in order to promote the conduct of genuine, competitive and transparent elections in Malawi. For  both the 2009 and 2014 national elections the EU deployed a full Election Observation Mission. Both missions issued public Final Reports, which included a detailed analysis and recommendations for prospective changes and reforms to electoral practices, regulations and laws. Among its various other sectors of support, the EU is a major donor to the UNDP-led basket fund and is also providing financial assistance to civil society, notably with regard to civic and voter education.

The EU Election Follow-Up Mission will issue a Final Report at a later stage offering a detailed analysis of the existing arrangements for elections in Malawi and of the reform process as well as of the extent to which previous EU recommendations have been addressed.