have divisive connotations, or exploit race, region, tribe, gender or religion,
and must practise internal democracy.
282.
The Constitution captures the GPA’s provisions by providing that the leaders
must exercise political power through the election of their representatives
by universal, direct, equal and periodic suffrage and by secret ballot; through
referenda on major national issues; and through the permanent democratic
participation of citizens in the affairs of the nation.
283.
Protocol III of the GPA enumerates principles that should guide the drafting of
the Electoral Act and specifically guarantees freedom of the press and the right
of access to information, as well as freedom of association, expression and
political activity to all citizens. It sets out general principles ensuring a system
of democratic, impartial and pluralistic voting. The strong determination to
ensure the acceptability of electoral outcomes, especially immediately after
the civil war, is reflected in the detailed provisions made on the establishment
of the CNE and its functions, on the Voting Assemblies, and on the conduct of
elections to the Assembly and the Presidency.
284.
The above principles and stipulations outlined under the GPA and the provisions
of the Constitution, as periodically modified, provide the legal framework for
the holding of elections in Mozambique. At the head of the election management organisation is the CNE, which is responsible for supervising the compilation of the electoral register and the holding of elections and referenda. It is
assisted by the Provincial Electoral Commissions (CPEs), which are appointed
45 days before commencement of their assignment and leave office after
completing it. The CPEs supervise the electoral register in the provinces and
the holding of provincial elections or referenda. Similar roles are performed
at the municipal and district levels by the Municipal or District Electoral Commissions, which are established 30 days before compilation of the electoral
register for municipal and district elections starts.
285.
The composition of the CNE and the lower electoral commissions is deliberately
party based to enable political parties to participate in their activities as a way
of assuaging distrust among the political parties and securing their confidence
in the electoral process. Under Law 20/02 of June 2002, the CNE is composed
of 11 members, five of whom are chosen by the political parties in proportion to their strength in the Assembly of the Republic. They, in turn, select the
remaining six from among a list proposed by CSOs. The partisan composition
of the CNE and lower electoral commissions has, however, not completely
stopped protests against electoral outcomes and allegations of vote-rigging
and other malpractices by losers during elections. The electoral commissions
at the municipal and district levels are accountable to the CPE, while the latter
is accountable to the CNE.
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A P R M COU N T RY R EV IEW R EP ORT NO. 11