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OAU
summit declarations
OAU
July 08, 2002
http://www.au2002.gov.za/docs/summit_council/oaudec2.htm
Preamble
We, the Heads of State and Government of the Organization of African
Unity, meeting in Durban, South Africa, at the 38th Ordinary Session
of the Assembly of the OAU, have considered the Report of the Secretary
General on strengthening the role of the OAU in election observation
and monitoring and the advancement of the democratization process.
Considering
the principles and objectives of the African Union enshrined in
the Constitutive Act of the African Union, particularly in its Articles
3 and 4;
Reaffirming
the Algiers Decision of July 1999 and the Lomé Declaration
of July 2000 on the Framework for an OAU response to unconstitutional
changes of government, which laid down a set of common values and
principles for democratic governance;
Considering
the CSSDCA Solemn Declaration adopted by the Assembly of Heads of
State and Government of the OAU in Lomé, Togo, in July 2000,
which underpins the OAU's agenda of promoting democracy and
democratic institutions in Africa;
Considering
the New African Initiative (NAI) now referred to as the New Partnership
for the African's Development (NEPAD) adopted by the Assembly
of the Heads of State and Government in Lusaka, Zambia, in July
2001, by which, through the Democracy and Political Governance Initiative,
African Leaders undertook to promote and protect democracy and human
rights in their respective countries and regions, by developing
clear standards of accountability and participatory governance at
the national and sub-regional levels;
Reaffirming
the importance of the Universal Declaration of Human Rights adopted
in December 1948, as well as the International Covenant on Civil
and Political Rights adopted in December 1966, which recognized
the will of the people expressed through free and fair elections
as the basis of the authority of government;
Reaffirming
also the significance of the African Charter on Human and Peoples'
Rights adopted in Nairobi, Kenya, in June 1981, which recognized
the right of every citizen to participate freely in the government
of his or her country whether directly or through democratically
elected representatives;
Recalling
the Declaration of the Assembly of Heads of State and Government
of the Organization of African Unity on the Political and Socio-economic
Situation in Africa and the Fundamental Changes Taking Place in
the World, adopted in Addis Ababa, Ethiopia, in July 1990 wherein
OAU Member States undertook to continue with the democratization
of African societies and the consolidation of the democratic institutions;
Recalling
further the African Charter for Popular Participation in Development
adopted in Addis Ababa, Ethiopia, in July 1990, which emphasized
the need to involve the people of Africa in the spheres of economic
and political governance;
Referring
to the Cairo Agenda for Action adopted in Cairo, Egypt, in 1995,
which stressed the imperative of ensuring good governance through
popular participation based on the respect for human rights and
dignity, free and fair elections, as well as on the respect of the
principles of freedom of the press, speech, association and conscience;
Cognizant
of the fact that each Member State has the sovereign right to choose
its political system in accordance with the will of its people and
in conformity with the Constitutive Act of the African Union and
the universally accepted principles of democracy;
Considering
the ever-growing role already played by the OAU in the observation/monitoring
of elections and the need to strengthen the Organization's
efforts in advancing democracy in Africa;
Agree and endorse
the following Principles Governing Democratic Elections in Africa:
Principles
of democratic elections
- Democratic
elections are the basis of the authority of any representative
government;
- Regular elections
constitute a key element of the democratization process and therefore,
are essential ingredients for good governance, the rule of law,
the maintenance and promotion of peace, security, stability and
development;
- The holding
of democratic elections is an important dimension in conflict
prevention, management and resolution;
- Democratic
elections should be conducted:
- freely and
fairly;
- under democratic
constitutions and in compliance with supportive legal instruments;
- under a
system of separation of powers that ensures in particular, the
independence of the judiciary;
- at regular
intervals, as provided for in National Constitutions;
- by impartial,
all-inclusive competent accountable electoral institutions staffed
by well-trained personnel and equipped with adequate logistics;
Responsibilities
of the Member States
We commit our Governments to:
- take necessary
measures to ensure the scrupulous implementation of the above
principles, in accordance with the constitutional processes of
our respective countries;
- establish
where none exist, appropriate institutions where issues such as
codes of conduct, citizenship, residency, age requirements for
eligible voters, compilation of voters' registers, etc would be
addressed;
- establish
impartial, all-inclusive, competent and accountable national electoral
bodies staffed by qualified personnel, as well as competent legal
entities including effective constitutional courts to arbitrate
in the event of disputes arising from the conduct of elections;
- safeguard
the human and civil liberties of all citizens including the freedom
of movement, assembly, association, expression, and campaigning
as well as access to the media on the part of all stakeholders,
during electoral processes;
- promote
civic and voters' education on the democratic principles and values
in close cooperation with the civil society groups and other relevant
stakeholders;
- take all
necessary measures and precautions to prevent the perpetration
of fraud, rigging or any other illegal practices throughout the
whole electoral process, in order to maintain peace and security,;
- ensure the
availability of adequate logistics and resources for carrying
out democratic elections, as well as ensure that adequate provision
of funding for all registered political parties to enable them
organise their work, including participation in electoral process.;
- ensure that
adequate security is provided to all parties participating in
elections;
- ensure the
transparency and integrity of the entire electoral process by
facilitating the deployment of representatives of political parties
and individual candidates at polling and counting stations and
by accrediting national and/other observers/monitors;
- encourage
the participation of African women in all aspects of the electoral
process in accordance with the national laws.
Elections:
Rights and obligations
We
reaffirm the following rights and obligations under which democratic
elections are conducted:
- Every citizen
shall have the right to participate freely in the government of
his or her country, either directly or through freely elected
representatives in accordance with the provisions of the law.
- Every citizen
has the right to fully participate in the electoral processes
of the country, including the right to vote or be voted for, according
to the laws of the country and as guaranteed by the Constitution,
without any kind of discrimination.
- Every citizen
shall have the right to free association and assembly in accordance
with the law.
- Every citizen
shall have the freedom to establish or to be a member of a political
party or Organization in accordance with the law.
- Individuals
or political parties shall have the right to freedom of movement,
to campaign and to express political opinions with full access
to the media and information within the limits of the laws of
the land.
- Individual
or political parties shall have the right to appeal and to obtain
timely hearing against all proven electoral malpractices to the
competent judicial authorities in accordance with the electoral
laws of the country.
- Candidates
or political parties shall have the right to be represented at
polling and counting stations by duly designated agents or representatives.
- No individual
or political party shall engage in any act that may lead to violence
or deprive others of their constitutional rights and freedoms.
Hence all stakeholders should refrain from, among others, using
abusive language and/or incitement to hate or defamatory allegations
and provocative language. These acts should be sanctioned by designated
electoral authorities.
- All stakeholders
in electoral contests shall publicly renounce the practice of
granting favours, to the voting public for the purpose of influencing
the outcome of elections.
- In covering
the electoral process, the media should maintain impartiality
and refrain from broadcasting and publishing abusive language,
incitement to hate, and other forms of provocative language that
may lead to violence.
- Every candidate
and political party shall respect the impartiality of the public
media by undertaking to refrain from any act which might constrain
or limit their electoral adversaries from using the facilities
and resources of the public media to air their campaign messages.
- Every individual
and political party participating in elections shall recognize
the authority of the Electoral Commission or any statutory body
empowered to oversee the electoral process and accordingly render
full cooperation to such a Commission/Body in order to facilitate
their duties.
- Every citizen
and political party shall accept the results of elections proclaimed
to have been free and fair by the competent national bodies as
provided for in the Constitution and the electoral laws and accordingly
respect the final decision of the competent Electoral Authorities
or, challenge the result appropriately according to the law.
Election
observation and monitoring by the OAU
We request the OAU to be fully engaged in the strengthening
of the democratization process, particularly by observing and monitoring
elections in our Member States, according to the following guidelines:
- The observation
and monitoring of elections shall be undertaken subject to a memorandum
of understanding between the OAU General Secretariat and the host
country in accordance with the principles enshrined in this Declaration
and the laws of the host country.
- In performing
their obligations, the election observers or monitors shall be
guided by detailed guidelines to be prepared by the General Secretariat
drawing inspiration from the essential thrust of this declaration,
the specific mandates and terms of reference determined by the
particular case in question as well as the wider legal framework
of the country staging elections.
- Member States
should ensure that invitations to the OAU to participate in election
observation or monitoring are sent at least two months before
the date of the election.
- Member States
should refrain from imposing any fees and/or charges on OAU observers
i.e. registration/accreditation fees etc and facilitate easy access
of observers/monitors to locations of electoral events/activities
and unhindered in the performance of their tasks.
- The General
Secretariat shall have the right to decline invitations to monitor
elections which in its considered opinion, do not measure up to
the normative standards enunciated in this Declaration.
Role
and mandate of the General Secretariat
Further
request the OAU Secretary General to take all necessary measures
to ensure the implementation of this Declaration by undertaking,
in particular, the following activities:
- Strengthen
its role in the observation and monitoring of elections within
the legal framework of the host country, in accordance with the
memorandum of understanding reached with that country;
- Mobilize
extra-budgetary funds to augment the General Secretariat resource
base so as to facilitate the implementation of this Declaration;
- Undertake
a feasibility study on the establishment of a Democratization
and Electoral Assistance Fund, to facilitate a successful implementation
of this Declaration.
- Undertake
a feasibility study on the establishment within the OAU General
Secretariat of a Democratization and Election Monitoring Unit
that will also discharge issues on good governance;
- Compile
and maintain a roster of African Experts in the filed of election
observation and monitoring and democratization in general in order
to deploy competent and professional observers and to avails itself
of their services whenever necessary. Member States on their part
are requested to assist by making the names of their experts available
to the General Secretariat;
- Work out
better standards of procedures, preparations and treatment for
personnel selected to serve on OAU observer missions.
- Promote
cooperation and work in partnership with African Organizations
and International Organizations, as well as national institutions,
non-governmental Organizations and civil society groups involved
in the elected monitoring and observation work.
- Publish
and make the General Secretariat Reports on the observation/monitoring
of elections and other related activities open to all Member States
and the public at large, as a means of consolidating electoral
and democratic processes on the continent.
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