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Angola Peace Monitor
Issue no.7, Vol.XIV
May 2008
The Office of the High Commissioner for Human Rights (OHCHR) announced on 18 April that it expects to cease its work in Angola by the end of May after the Angolan government refused to sign a Memorandum of Understanding on human rights promotion and protection. Such an agreement is a standard requirement by the OHCHR. To read more about the work of OHCHR click here
OHCHR has operated in Angola since May 2003, focussing on human rights awareness. It has helped the Ministry of Justice in regularising alternative forms of justice such as mediation and conciliation. It has also worked with the Ministry of Education in promoting human rights education in schools.
The United Nations High Commissioner for Human Rights, Louise Arbour, stated that she "respected but regretted" the Government's decision not to formally establish OHCHR's presence in Angola, and noted that the country still faces many challenges on the human rights front.
The decision to ask OHCHR to leave surprised many, as it had been working closely with the government and an agreement of the Memorandum of Understanding had almost been reached. However, towards the end of last year the Angolan government went cold on the idea of formalising the relationship.
Sources state that this was partly due to the OHCHR requiring a wider remit, including giving it the duty of preparing public reports on the human rights situation in Angola. Until now it has been concentrating on collaborating with the Angolan government and other activities such as running workshops highlighting human rights issues.
This desire to shift the emphasis and formalise the relationship brought it into conflict with the Angolan government, which was unhappy with two UN reports last year that were critical of the government.
The UN Human Rights Council Working Group on Arbitrary Detentions published a report following its visit to Angola in September 2007, which stated that innocent people are being held in deplorable conditions in Angolan jails due to the weakness of the judicial system. Although the report painted a bleak picture of life in Angola's jails, it did highlight that the Angolan Government had initiated a process of comprehensive judicial reform, and was showing a commitment to improve the situation.
In November 2007 the UN Special Rapporteur on Freedom of Religion or Belief released a short report that included criticisms of alleged human rights abuses including in the province of Cabinda.
OHCHR has only three field offices in Africa, in Angola, Togo, and Uganda. It also operates through UN peace missions in Burundi, the Central African Republic, Côte d'Ivoire, Democratic Republic of the Congo, Ethiopia/Eritrea, Guinea Bissau, Liberia, Sierra Leone, Somalia, Sudan, and the UN Office for West Africa (Senegal). It has regional offices covering East Africa (Addis Ababa), Southern Africa (Pretoria), and Central Africa (Yaounde, Cameroon).
Head of Zimbabwe election observer mission faces criticism
Angola's Minister of Youth and Sport, Jose Marcos Barrica, has come under some criticism for his role as the head of the SADC Observer Mission to the Zimbabwean elections that were held on 29 March. Barrica stated on 31 March that the elections were "peaceful and credible" and that the process was "characterised by high levels of peace, tolerance and political vigour by party leaders, candidates and their supporters".
Barrica also pointed out that the elections had been held in line with the SADC Principles and Guidelines Governing Democratic Elections, including the use of translucent ballot boxes and polling stations opening and closing on time. He did, however, raise concerns about the state controlled media, voter education, and the "irresponsiblestatements" by security chiefs that they would not salute a "puppet" – referring to Morgan Tsvangirai.
One of the biggest criticisms relates to the remit of the observer mission, which finishes with the counting of the votes at the polling stations (www.sadc.int/key_documents/guidelines/elections.php). This meant that it did not observe or comment on the central collation and publication of the results. It was, in fact, this part of the process that has proved to be the most contentious part of the electoral process, with the Zimbabwe Electoral Commission delaying the results of the parliamentary elections, and even refusing to reveal the results of the presidential election during the whole of April.
However, Barrica was recalled to Zimbabwe on 18 April to observe the recounting of the votes that took place in 23 voting stations.
Barrica was made the head of the SADC observation mission to Zimbabwe as part of Angola's role as current co-ordinator of SADC's Organ of Politics, Defence and Security Cooperation.
Despite having traditionally being seen as a close ally of the ruling ZANU-PF, there are signs that the Angolan government has been playing a balanced, pragmatic role in the behind the scenes manoeuvring during the post election period. Observers at the SADC heads of state meeting in Lusaka on 12 April noted that President Jose Eduardo dos Santos did not come out in support of Mugabe. This is in stark contrast to some reports in the media that Angola has offered military aid to Mugabe. Insiders state that media portraits of "supporters" of Mugabe are inaccurate caricatures, and that leaders such as President Guebuza of Mozambique are critical of Mugabe's intransigence within closed meetings and publicly support the mediation efforts of President Thabo Mbeki.
Following the SADC meeting, President dos Santos received messages from both the US and Zimbabwean Presidents. On 25 April he gave a short audience to the US assistant secretary of State for African Affairs, Jendayi Frazer, and also met with his Zimbabwe's Minister of Rural Housing and Social Amenities, Emmerson Mnangagwa. Both brought messages from their presidents, the contents of which have not been made public.
Coincidently, on 25 April the Angolan government announced that it would allow the Chinese ship An Yue Jiang to unload some of its cargo at Luanda port, but not to unload the shipment of arms destined for the Zimbabwean army. The shipment of arms hit the headlines when dockworkers at the port of Durban refused to touch the cargo, forcing the ship to flee harbour before a court injunction could be served on it. The whereabouts of the ship is currently unknown.
Meanwhile, the president of UNITA, Isaias Samakuva, met with other members of the "Windhoek Dialogue" group of "centre-right" political parties to discuss the Zimbabwe crisis. Other members of the group include representatives of the Inkhata Freedom Party (South Africa), DTA (Namibia), and Renamo (Mozambique).
MPLA propose changes to electoral law
The ruling MPLA has put forward amendments to Angola's electoral law, which if adopted would extend the period before results of this September's parliamentary elections need be published, leading to criticism from the main opposition party, UNITA, that it is preparing for a Zimbabwean scenario.
On 22 April the head of the MPLA parliamentary group, Bornito de Sousa, proposed the amendments to the Angolan Parliament, the National Assembly, which are due to be dealt with on 6 May.
The two most important amendments relate to when the provincial and national electoral commissions must announce the election results. The current legislation requires the provincial electoral bodies to announce their results within four days, and the National Electoral Commission, CNE, to release the national results within seven days. Under the proposed amendments these deadlines will be extended to seven and 15 days respectively. The amendments also state that the Supreme Court should have five days to confirm the results, as opposed to the 72 hours currently envisaged.
The president of UNITA, Isaias Samakuva, argued in an interview on the UNITA website that the amendments serve the interests of the MPLA. Speaking on 27 April on his return from a two-week trip to Europe, Samakuva stated that amendments should not be made at this late hour, and that political parties must conform to the law, and not the other way around.
The proposed changes also came under criticism from the third largest party with parliamentary representation, the Partido Renovador Social, PRS. The head of the PRS parliamentary group, Lindo Bernardo Tito, told local media that "the MPLA considers that the current deadlines are very tight and there is a need to extend them, but we understand that the electoral process is quick and needs the prompt dissemination of results, because delays in disclosing election results usually raises suspicions, such as in Zimbabwe. Nowhere in the world does it take 15 days to disseminate the election results. This would create a climate of mistrust, which is not good".
However, UNITA did praise the decision of President Jose Eduardo dos Santos to appoint a commission to create the conditions for the establishment of a Constitutional Court. On 24 April President dos Santos appointed the commission, headed by Rui Constantino da Cruz Ferreira, and including Efigenia dos Santos Lima, Francisco Queiros, Suzana da Conceicao Ingles, Antonio Agostinho Santos, Onofre Martins dos Santos and a representative of the Finance Ministry.
The commission has been given 90 days to complete its work. Thus it is possible that the Constitutional Court will be in place in time for the election results in September. Otherwise electoral tasks would be carried out by the Supreme Court.
On 1 April the Angolan authorities began updating the electoral register to include anyone who missed the first registration period, which ended in September 2007 with over 8 million voters registering. This second round of registration will enable those who will reach the age of 18 by September 2008 to join the register. It is estimated that this extra period will result in an additional 350,000 voters being added by the time that registration closes at the end of May.
However, UNITA has complained that the electoral roll has not yet been published. The fortnightly publication, Southscan, on 25 April stated that UNITA Information Secretary Adalberto da Costa Junior accused the government of "systematic violation" of the electoral law and urged it to gazette the voter list in the "Diario da Republica".
Presumably this is a call for the government to publish the names listed in the provisional electoral register handed to the CNE in December last year.
Adalberto da Costa Junior claimed that the "deliberate" failure to publish the lists was endangering the independence and transparency of the entire electoral process.
In March UNITA president Isaias Samakuva told the Angola Peace Monitor that the CIPE, which is the government body in charge of voter registration, has not yet published the names of the voters – contrary to the law, and that although the independent body in charge of the elections, the CNE, had received the voter rolls from the CIPE, the "CNE is unable to certify these because voter rolls are in a non-verifiable, PDF format. The CNE cannot perform random tests to assert conformity with the Law. It needs to have full access to the data base and perform its duty before the new registration starts in April. Voter rolls need to be published and certified in a timely, professional and transparent fashion".
Despite these criticisms, Samakuva remains upbeat about the elections. Speaking to Reuters in Lisbon on 16 April Samakuva revealed that he expects Angola's parliamentary elections to be fair and peaceful, with no risk of elections leading to a situation like the stand-off in Zimbabwe or the bloodshed in Kenya. In the interview he stated "I see no reason for that, especially due to our past experience with war and the fact that the electoral process has so far been carried out in an acceptable manner".
Samakuva did not argue that he is likely to win in this September's poll, telling Reuters "we are working to win a majority in parliament, but a victory for us would mean keeping our current head count in parliament".
Polling booths for disabled
The CNE on 9 April announced that it is considering setting up special polling booths to accommodate physically disabled voters.
The Chair of the CNE, Caetano de Sousa, announced this initiative after meeting with the chairman of the National Association of Disabled People of Angola (ANDA), Silva Lopes Etiambulo.
CNE considers increasing polling stations
On 10 April the CNE met to approve plans for civic education, the updating of the electoral register, and to discuss the mapping of polling stations.
Some sources warn that the CNE has been considering vastly increasing the number of polling centres, which would pose a strain on the electoral observer teams.
There has been growing criticism over the lack of evidence that any of the small parties are actually playing any role in observing the updating of the electoral register. In March each of the registered parties – number more than 100 - received a grant of $75,000 to cover costs involved in supervising the updating of the electoral register. However, in most cases only the ruling MPLA and the main opposition party UNITA have been witnessed taking part.
On 17 May the Deputy Minister for Territorial Administration, Edeltrudes Costa, called for political parties to send observers to watch the work of the electoral registration brigades. Speaking on the sidelines of a conference organised by the Angola Institute of Electoral and Democratic System (IASED), Edeltrudes Costa affirmed that most of the observers were from the MPLA and UNITA.
Meanwhile, civil society organisations that rely on donations from international donors have been carrying out sampling to check the validity of the process. However, they have been stifled by the failure of the government to publish the electoral roll – with which they will use to compare the sample against.
President Jose Eduardo dos Santos on 11 April announced a reshuffle of his government due to the sacking of the Minister of Transport, Andre Luis Brandao. He will be replaced by Augusto da Silva Tomas, who has been moved from the position of Secretary of State for Public Enterprise.
The President also swapped the positions of two Deputy Ministers. Luis de Assuncao Pedro da Mota Liz moves from Territory Administration to Urbanism and Environment, whilst Graciano Francisco Domingos moves in the opposite direction.
Francisca do Espirito Santos has been promoted to the position of Governor of Luanda, from her former role as Deputy Governor.
The Deputy Finance Minister, Job Graca, has been given responsibility for issues related to the State Secretariat of Public Enterprise.
José Alberto Quipungo has been appointed to the position of Deputy Governor of Kwanza Norte province.
There have also been several changes in the Angolan army. On 26 April Brigadier Luis Fernando Afonso was appointed Chief of Operations, with General Simao Carlitos Wala appointed as his deputy. General Jackes Raul was appointed commander of the Second Military Region and Marques Correia Banza commander of the Eastern Military Region.
The coalition of Opposition Political Parties (POC) is to hold its first National Convention on May 15 to elect its president and other leadership positions, and outline its electoral strategy.
POC was formed in 1994 and is composed of five political parties - CNDA, PSCA, PALMA, PPA and PNSA.
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