rwanda: Kgame challenged to build a democratic culture

The Presidential Elections in Rwanda, 25 August 2003
Observations from 13 polling stations in Kigali

This commentary is based on accounts from African Rights’ researchers who registered as observers for Rwanda’s Presidential Elections of 25 August. It aims to provide feedback of use to Rwanda’s National Electoral Commission (NEC), and more widely, as the preparations for Rwanda’s Parliamentary Elections commence. We note in particular any areas where our observations suggest there may be room for improvement, concluding with recommendations.

Background

The voting days in Rwanda’s first democratic election since 1959 were calm and security was maintained across the country. Initially there were four candidates—President Paul Kagame, former Prime Minister Faustin Twagiramungu, Alivera Mukabaramba and Nepomuscene Nayinzira. However Alivera Mukabaramba withdrew her candidacy before the ballot, and encouraged her supporters to elect Paul Kagame.

A high turnout was recorded and a landslide victory of 95.05% for President Paul Kagame was declared on 26 August. The leading opposition contender, Faustin Twagiramungu, who won 3.62 % of the vote, immediately disputed the result and criticised the process. On 29 August, he filed a petition in the Supreme Court to nullify the Presidential poll which was dismissed on 2 September.

Although the ballot itself was peaceful, opposition members and some local groups were backed by a number of international human rights groups and commentators in claims that the government was involved in a campaign to generate a “climate of fear” in the run up to elections.

Of particular concern in the months leading up to the poll was the parliamentary ban imposed on the Democratic Republican Movement (MDR) and the disappearance of two of its members of the parliamentarian, Leonard Hitimana, and Col. Augustine Cyiza.

The decision of some members of the international community not to contribute funding to Rwanda’s National Electoral Commission (NEC) was apparently a response to human rights concerns. Rwandese businesses, individuals and organisations made donations to the NEC in an effort to make up the shortfall.

Overview

In an earlier statement, issued on 19 August, African Rights pointed out that the vote was certain to be influenced not only by events of recent months but the “burden of Rwanda’s history.” In this context we argued that, among other elements, creating a democratic system requires “monitoring, time and practice.”

Our observations show that the poll could have been more widely and closely monitored. We also noted some weaknesses that better training of electoral officials and more practice would help to correct. We nevertheless regard it as very positive that there was a healthy turnout of voters in Rwanda’s first poll and that there was no apparent violence. While we cannot be sure of the personal motivations of each voter in making their choice, it is significant that through their shared experience of voting in peace, the people of Rwanda have defied their past.

African Rights congratulates the people of Rwanda on their collective courage and we hope that they, together with their new President, Paul Kagame, will now move forward in a positive spirit to meet the many social, economic and political challenges facing the nation. Among the tasks ahead for President Kagame is to find ways to build and develop consistently a democratic culture in Rwanda, ensuring that the needs of the Rwandese people are understood and reflected at the highest level of government. This endeavour must begin almost immediately for the forthcoming Parliamentary Elections.

Limitations of this report

It is important to acknowledge that the findings presented here are specific to the stations visited and at the times which we were present. We cannot therefore testify to the details of the process in the rest of the country. Nevertheless we anticipate that some of our observations are likely to be of wider relevance.

VOTING

An NEC officer was positioned at the doorway letting in the voters one by one. Another agent was seated close by with a print out of a list of voters and would check each person’s name against it as they came in. People were then directed to another electoral officer who gave them the voting card—an A4 paper with photos of all the four candidates. They were informed that they should go to the booth—generally constructed from pieces of furniture piled up and covered with cloth or plastic—where there would be a table and some ink. They were told to make their selection and fold the paper into four (the agents had folded the papers beforehand leaving the folds on the paper). After marking the card, the voters were told to post their papers into the ballot box. Finally, they were directed to another official who stamped their voting cards. In general this process was completed efficiently.

Comments

· Voting began promptly and most people voted early.

· NEC agents stood out in distinctly patterned shirts and appeared welcoming and helpful.

· The atmosphere was calm with voters moving ahead in an orderly fashion.

· There was no sign of violence or harassment either near the polling stations or in the surrounding areas.

· Security forces—either police or local defense force members—were often in the vicinity, but they maintained a reasonable distance from the polling stations and did not appear threatening.

· NEC officers, from time to time, informed people queuing that Alivera Mukabaramba had withdrawn from the race.

· The various voting offices were marked alphabetically, but there was some confusion with people finding out they had been in the wrong queues. In some offices the use of ropes to divide the queues helped to reduce the confusion.

· The papers were slightly transparent and on occasion it was possible to make out whom the person had voted for as they put their vote into the slot. In none of the stations we observed did that pose a problem but it leaves the voter slightly vulnerable.

· One of the booths was partially open and from where we were standing, near the representative of Paul Kagame, we could see into it. However, the table was positioned so that the voter’s back was turned to us. This was the only booth we saw that was inadequate; the others were well protected even though with rickety benches piled up and covered by cloth or more furniture.

· In two separate observed instances in stations in Gikondo and ETO polling stations, voters came out of their booths asking whom they should vote for. In the station in Gikondo, the presiding officer stopped the process, alerted everyone in the room to the problem and explained to the voter how to proceed, making sure to do it publicly. While less public, the voter in ETO was also properly informed on the process.

· There were problems with some voters whose names did not appear on the list; it is possible some were disenfranchised and at one station we came across individuals claiming that they “weren’t on the list of voters although they had fulfilled all the criteria.”

· Additional lists were drawn up where some of those who did not feature on the list for one reason or another were added. The criteria used to establish these lists are not entirely clear. Complicating the issue is the lack of clarity in the electoral law which deals with the loss or damage to the card of a registered vote but does not address the problem of voters whose names do not appear on the register at all.

Recommendations

· Voters Roll

Compiling an accurate voters roll is a challenge for any democratic nation; we appreciate that in Rwanda massive upheaval, including internal displacement, and huge influxes of refugees and returnees, makes this especially difficult. Nevertheless, further efforts to check the information on the voters roll so as to avoid last minute additions and corrections, or omissions would greatly improve the process. If the provision to draw up additional lists on the day of the ballot is deemed necessary, the procedures and criteria on which these are to be based should be specified in the electoral law.

· Voter Education

Clearly it will take time for all the eligible citizens of Rwanda to become familiar with the election process. We encourage the NEC, the media and civil society groups to intensify voter education.

MONITORING

The NEC invited local and international observers and in principle each candidate was allowed to position representatives at the stations to monitor the vote. In all the offices we observed apart from one, however, the majority of representatives were for candidate Paul Kagame. Other reports suggest that this was a national problem for the other candidates, who, whether for lack of funds, support, administrative problems or other reasons, were not generally well represented. Also, although the NEC had issued an invitation to more than 1000 international observers, in the event far fewer were present. In our experience, observers were given good access to the stations and accreditation was checked.

Comments

· One or more representatives of Paul Kagame were always present. However there was a lack of other candidates’ representatives. We only met representatives for Faustin Twagiramungu at one site in Gikondo during the counting.

· In three instances representatives of Paul Kagame’s were seen apparently involving themselves with the duties of the election officials. Firstly a representative of candidate Kagame’s was in close communication with the person responsible for the voters’ list and seemed as if she was being consulted; this same representative also asked to see the accreditation letters of the observers. In another station, another representative helped a voter who was having trouble pushing in her ballot paper, and then shook the ballot box. Although he sought to be helpful this may be seen as inappropriate.

· There was an acute shortage of local and international observers to be found at the polling stations.

Recommendations

· Every effort should be made by all concerned to ensure that there are more observers and candidates’ representatives present at future elections. The reasons for the absence of opposition candidate representatives should be investigated by the NEC and ways found to encourage a more balanced representation of the parties.

· Observers should aim to observe for longer periods of time in each office, as indeed the President of the NEC, Professor Chrysologue Karangwa, himself recommended.

· In the training of electoral officers, the NEC should reinforce the insistence that they must maintain a professional distance from candidates’ representatives and treat all representatives and observers equally.

COUNTING

There were certain apparent irregularities in some offices visited concerning procedure at the counting stage. However we were given full access to the offices we visited during the counting and the process was sufficiently transparent.

Comments

· In some of the offices we observed the ballot was closed a little late as agents allowed the last voters to trickle in, mostly those who were included on the additional list because their names hadn’t featured on any list in the polling station. Article 48 of Rwanda’s electoral law states that voting should end at 3:00 p.m. but may be extended by “a decision of the electoral college, particularly in case of circumstances where there has been suspension of polling or delay in commencement of the polling.” In practice, however, the closure of the polls did not appear systematic or consistent.

· Article 66 of the organic law governing presidential and parliamentary elections, no. 17/2003 of 07 July 2003 clearly illustrates the procedure for counting and in some offices this was closely followed although in a few there were slight variations in the method used. In one office, where a different method was initially used, the president of the polling station identified the problem and corrected it.

· In most offices visited, the counting was done openly with any disputed vote discussed by those present and the coordinator of the office making the final decision.

Recommendations

· Greater efforts need to be made to ensure that ballot boxes can be closed on time and the counting can begin without delay.

· Further training of the relevant officials in the procedures for counting and for deciding on disputed votes may be necessary.

CONCLUSION

Overall the Presidential ballot was run smoothly and the NEC coped well despite relative inexperience and a shortage of resources. African Rights encourages it to continue working hard to achieve free and fair Parliamentary Elections.

While this paper focuses mainly on the day of the poll we acknowledge that the holding of a free and fair election depends substantially upon the political context, and that the events of the months and weeks prior to the vote are particularly relevant. We hope that the Government of Rwanda will do all in its power to promote a conducive atmosphere for the Parliamentary Elections, demonstrating confidence in the voting public and ensuring that full recognition is given to the need for debate, scrutiny and opposition as part of the democratic process.