African Unification Front
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28 JULY 2007
For more AUF draft bills: Click Here.
Draft Bill on Future Elections of Pan African Parliament
AUF Draft PAP Bill on establishment of the African Electoral Commission, and the registration of political parties and candidates wishing to participate in the universal election of the members of the Pan African Parliament. This Bill shall be known as the African Elections Act.
PREAMBLE
[1] Whereas Proportional Representation is the most equitable means of matching votes to seats, and of allocating mandates to political parties in parliament, especially in communities of great diversity;
[2] Whereas the Pan African Parliament is the highest representative government of the people of Africa, so that its membership should reflect - to the greatest extent possible - the entire range of social, economic, professional, political and cultural interests of all Africans, as well as cut across all regional, state and community frontiers;
[3] Whereas the PAP exists in order to examine and debate and legislate on the major and contentious issues that concern all Africans without regard to narrow state or regional interests, and that the legislators are duty bound to take time and solicit advice widely in order to understand and develop their own opinions on each and every aspect of the key issues and agreements that touch on the lives of each and every African;
[4] Acknowledging that the number of seats in the Pan African Parliament is finite, and as the seats cannot be multiplied significantly without thereby degrading the quality of debate and compromising its effectiveness as a legislative and policy-making body, each member of the PAP must therefore have an interest and commitment to represent and address multiple issues that concern diverse constituencies, and not merely the concerns of his/her state of origin;
[5] Further acknowledging that the elected members of the PAP, regardless of their geographical or social origins, are entrusted with the task to observe, make enquiry and analyses, debate and vote on issues and treaties of concern to all Africans;
[6] Considering that the interests of states and regions are well represented by other AU organs whose membership is distributed according to state and regional membership;
[7] Further considering that state and regional parliaments are competent to negotiate with the PAP in the interest of their respective states and regions, and retain the right to ratify PAP legislation prior to implementation (except in those cases where the PAP has the right to intervene in the internal affairs of a state and may reverse, veto, over-rule or ignore state legislation and state decrees and policies in the event of specific emergencies - such as genocide - as required by stipulation of the Union Act), so that direct and equal state representation in the PAP is not necessary or critical to safeguard the interests of every state or region;
[8] Moreover considering that each of the five state votes currently available to a state in the PAP are themselves representative of different party interests within the state - including the opposition to the ruling government - so that each state has no automatic votes with which to influence legislation in the PAP on the basis of the few seats reserved for it;
[9] Furthermore considering that PAP members who occupy the seats reversed for states are required by law and convention, to vote their conscience regardless of state interest so that it serves little purpose, and makes no sense whatsoever, to reserve seats for states in the PAP;
[10] Recognizing the fact that reserving seats in parliament on the basis of state representation is neither effective nor desirable, entrenches colonial state divisions within the parliament and merely serves, via the artifice of state-based quotas, to exclude competent and committed Pan African legislators simply because they happen to have been born in a certain state;
[11] Considering that there are over four hundred and fifty [450] state-based political parties in Africa, all with incidental or no real interest or investment in the political welfare of Africans from other states, and that running an election on the basis of competition between these parties would be inefficient and expensive and confusing;
[12] Furthermore recognizing that a more robust Pan African Parliament would result from encouraging the rise of comparatively fewer, larger, broad-based and socially diverse Pan African political parties, and that Africans would be better-served if they could vote for parties that have clear and coherent policies on issues that affect people living all across Africa, and not merely in one state or region;
[13] Seeking to ensure that party lists and registration procedures are adequate to produce a Pan African Parliament that in fact is representative of greater social and geographical diversity, so that not only states are represented, but rather that even sub-state communities and stateless communities, can still get maximum representation;
[14] Seeking furthermore to secure electoral arrangements that will guarantee truly Pan African representation in the Pan African Parliament, as well as promote the highest quality of analysis, debate and consideration of issues of concern to Africans of all walks of life, and from all geographical and social origins;
[15] Considering that political parties with supporters in multiple states and across multiple regions represent the best means for expressing both the salient and the nuance interests of Africans, and have the greatest interest in safeguarding the unity of Africa, as well as promoting balance, peace and cooperation between various communities because they must consider the effects and impacts of their policies on different states and regions;
[16] Recognizing that the system of Proportional Representation has the best potential to secure the widest effective diversity in parliament, and at the same time facilitate the hearing of all the issues that concern the general African population, as well as those concerns not represented at the state or regional levels of government;
[17] Furthermore recognizing that under a party list system of Proportional Representation, parties based on a single state interest, or on special or narrow social or economic interests can also win seats in parliament in order to negotiate for better terms for their supporters, or in order enter into coalitions with other parties in order to better advance their causes, so that PR doesn't necessarily abolish state interests outright but rather gives them more coherence than under the current arrangement;
[18] The PAP hereby undertakes to establish the relevant institutions and procedures that will serve to uphold the sanctity and inviolability of the Pan African Parliament, and to guarantee the unity of Africa, in addition to establishing the system of pure proportional representation in the elections of members of the PAP, in order to ensure that only parties supportive of African unity shall contest the elections, and that these parties shall be representative of the broad cross-section and interests of all the African people and communities;
Section I: This Act uses the following terms and definitions:
[1] Political Party: This act defines a political party as "an organization whose purpose is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election."
[2] Eligible Party: a party that has applied for registration under the Act, and that has met all of the legal requirements to be registered (including having at least 500 members who are electors), other than running a candidate at a general election or by-election.
[3] Unregistered Party: a party that has not filed for registration with the African Electoral Commission, and which is therefore not running a candidate in the election. There should be no legislation regulating the formation of federal political parties, and so parties should form freely without impediment whether or not they intend to register for elections. Once a party exists, it may - if it so wishes - apply to be registered under this Act.
[4] Registered Party: a party is registered under the Act if it succeeds in endorsing one or more confirmed candidates in a general election or a by-election after it has become eligible for registration.
[5] Independent Candidate: a candidate is independent under the Act if s/he has met all of the legal requirements to be registered, including having at least 500 endorsements from electors, as well as proof of identity and residence, an auditor, and a signed declaration in the prescribed form that the candidate's principal goal is to uphold the integrity of the Pan African parliament and the unity of Africa.
[6] Deregistered Party: a registered party that has been deregistered by the Chief Electoral Officer for failing to endorse a confirmed candidate, for failing to have three officers in addition to its leader, for failing to have at least 500 members who are electors, or for failing to file documents specified by the Act. A registered party may also be deregistered by the Chief Electoral Officer by the order of a competent court on the application of the African Electoral Commission, if the party does not meet this Act's definition of a political party. A party may deregister voluntarily.
Section II- African Electoral Commission
[1] The PAP hereby establishes the African Electoral Commission [AEC], which shall be an independent body with the mission to foster public confidence and participation in the democratic process in the African Union.
[2] The AEC shall aim to place the interests of voters at the centre of their consideration in all the commission’s work, but also the political parties and candidates who stand for election, as well as those who administer the electoral process.
[3] The AEC shall ensure that electoral arrangements enable elections to be conducted effectively and efficiently. The AEC shall provide opportunities for political parties and candidates to engage with the electorate.
[4] The AEC shall also provide election observers during state and municipal elections in Africa, and outside Africa.
Section III - Registration of Political Parties
[1] Registered status for a political party ensures that the party's name shall appear on the ballot, together with the name of the party's leading candidates.
[2] If a candidate is not endorsed by a registered party, the candidate can choose to have either the word "independent" or nothing at all under his or her name on the ballot.
[3] A political party that wishes to participate in the PAP general election or by-election may apply to register with the African Electoral Commission. The application for registration must be signed by the party leader, and must include:
[a] The full name of the political party
[b] Either the party's short-form name or the abbreviation of the party's name, if any, which will appear on election documents such as the ballot
[c] The party’s logo, if any
[d] The name and address of the party's leader, and a copy of the party's resolution to appoint its leader that is certified by the leader and another officer of the party
[e] The address of the party's office where records are kept and to which communications may be addressed
[f] The names and addresses of the party's officers and their signed consent to act as party officers
[g] The name and address of the party's auditor and the auditor's signed consent to act as auditor
[h] The name and address of the party's chief agent and his or her signed consent to act as chief agent
[i] The names, addresses and signatures of 100 electors from each of the five AU regions and their declarations in the prescribed form that they are members of the party and support the party's application for registration
[j] The leader's declaration in the prescribed form that the party's principal goal is to uphold the integrity of the Pan African parliament and the unity of Africa, and that one of the party's fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election
[k] The entire application, including the names of the members, is a public document. To confirm the accuracy of the leader's declaration about the party's fundamental purposes, the Chief Electoral Officer may ask the leader to provide further relevant information which shall also be part of the public record.
Section IV - Suffrage and Registration of Voters
[1] Members of the Pan African Parliament shall be elected by citizens of the African Union on the basis of universal, equal and direct suffrage by secret ballot.
[2] A citizen of the African Union, on reaching the age of 18 on Election Day, has the right to vote and, on reaching the age of 21, has the right to be elected.
[3] All Africans above the age of 18 shall be entitled to vote in the Pan African Parliamentary elections. Proof of age shall consist of identification papers, including but not limited to drivers licence, birth certificate, letter from a public official or notary public, letter from a guarantor who has proper identification in the event that a voter is lacking other requisite papers.
[4] In order to minimise disorder during elections, there shall be no prior registration for voters. In lieu of pre-election registration, voters will instead be required, on the day of the election, to fill in a registration form attached to the ballot. The form, whose number and computer-readable code matches the ballot, will be retained by the Returning Officers prior to voting.
[5] The form shall provide confirmation that the voter has received a ballot.
[6] The registration form will indicate the voter’s names and address, age and a signed oath indicating that the information given is true. The form shall also include the signature of the name, number, and signature of the Returning Officer.
[7] If the voter is illiterate or blind, s/he shall dictate the information and the Returning Officer shall fill it out in front of a witness chosen by the voter. The names and address of the witness shall be included in the form. If no witness is available, the Returning Officer shall state on the form that no witness was available.
[8] The registration form shall be used as reference only in the event of a contestation of the vote count or other challenges concerning irregularities at the polls, or for statistical and census reasons. The registration form shall serve as an affidavit and shall be the court's record. Giving false information on the form shall be an offence punishable under the law.
[9] After the person has cast their ballot, on exiting the polling booth, a polling officer shall make a mark in indelible ink on the voter's hand to indicate that they have already voted, in order to discourage voting more than once.
Section V - Setting Election Day:
[1] Elections to the PAP shall be held during the first week after the expiry of the term for which the previous PAP was elected.
[2] The election date shall be announced at least six months ahead of the elections.
Section VI - Composition of the PAP and the Electoral District:
[1] The Pan African Parliament is the parliament of the African Union. The size of the PAP shall be 265 deputies, and its term shall be five years.
[2] Only the parliament can dissolve itself, the exact date of dissolution and election being determined by a vote in parliament. Any citizen of the African Union aged 21 or over and having the right to take part in elections may be elected a Deputy [Member of Parliament] of the Pan African Parliament.
[3] A Member of the PAP may not simultaneously be a member of other representative bodies of federal or local government or a public servant; nor may he or she engage in another type of activity for remuneration. A Member of the Pan African Parliament may serve as a member of the parliamentary cabinet, known as the Council of State.
[4] Altogether PAP deputies shall be elected in a single All-Union electoral district in proportion to the number of votes cast for the competing political parties.
Section VII - Political Parties, Nomination & Registration of Candidates:
[1] Parties whose statutes provide for participation in PAP elections and which shall be registered by the African Electoral Commission of the African Union not later than three months before the election date have the status of a Registered Party.
[2] Unregistered Parties may register at any time prior to or after the announcement of the election date, and the deadline for registration shall be 90 days before the election date itself.
[3] A registered political party must have three officers in addition to its leader, at least 500 members who are electors, and at least five candidates, whose names shall appear on the ballot.
[4] The All-Union list of candidates from any party shall be approved by elections at a congress, conference, or convention of the party.
[5] The All-Union list of candidates shall be submitted to the African Electoral Commission along with the charter of the party and the minutes of its convention.
[6] In the event that parties wish to form electoral coalitions, the minutes of the congresses of the parties and the resolution on the establishment of a coalition with other parties, signed by authorized representatives of the coalition’s members, shall be appended to the candidate lists.
[7] Registration of candidates shall require the presentation of the candidate list together with the signatures and/or statements, confirming their consent to stand for election.
[8] Any candidate registered on the party list cannot be registered as an independent candidate.
[9] In the event that too many parties register for PAP elections, in excess of 20 parties [the maximum number of parties that would be elected using a 5% threshhold], the AEC shall organize elections in two phases: a first round of elections will be to determine which parties qualify for the general election. Only twenty parties and coalitions with the most votes after first round will be eligible for second and final round of elections.
[10] The full list of candidates of each registered party will appear at all polling stations. The party's names, logo and the names of five leading members will appear on the ballot paper, alongside the voter-registration/vote-confirmation form.
Section VIII - The Status of a Parliamentary Candidate
[1] Following registration, no candidate may be held criminally liable, taken into custody or subjected to administrative penalties under a court ruling without the consent of the African Court of Justice.
[2] A candidate deputy, if he or she so desires, may be released from his job, military service or reserve training from the registration day to the day the final election results are published.
[3] A candidate cannot be dismissed from his/her job without his or her consent, or transferred to another type of work or position, including a position in another locality, or sent on a business trip, or called up for military service or reserve training.
[4] A candidate is entitled to free travel on any type of public transport within any state in the African Union. A candidate can use city transport - if it is available and government owned - free of charge in the entire city. A candidate is entitled to free round trips by rail, water and motor transport (with the exception of taxi-cabs and chartered transport), or one free round trip by air plane, with the electoral commission paying his/her fare.
[5] A candidate has the right to make one round trip within the territory of the African Union by any type of transport with the exception of taxis and chartered flights. The trips shall be paid for by the African Electoral Commission.
[6] A candidate has the right to withdraw his/her candidature not later than three days before the elections. Similarly, not later than three days before the elections an electoral coalition, association, political party, or bloc may withdraw any candidate.
Section IX - Financing of Elections and Election Funds
[1] The preparations for and the holding of elections shall be financed out of the AU/PAP budget.
[2] Candidates, parties, electoral associations and electoral blocs shall form their own election funds to finance campaigning.
[3] Election funds can consist of:
[i] Money allocated to a candidate, the party, or electoral association by the African Electoral Commission;
[ii] The candidate's own money;
[iii] Money allocated to a candidate by the party;
[iv] Voluntary donations from individuals.
[v] Donations by legal entities to the fund of an individual candidate or a party.
[4] Donations to election funds may not be accepted from:
[i] Foreign governments or local government bodies, state-owned or municipal enterprises, institutions or organizations;
[ii] Military units, military institutions or organizations;
[iii] Charity organizations or religious associations.
[5] Donations made in violation of this act shall be returned to the donor fully or partially. Other funds in excess of the permitted level may be returned to a party association. Anonymous donations shall be remitted to the treasury of the Pan African Parliament [the PAP Trust Fund].
[6] In the course of campaigning, candidates and parties are not allowed to use any money except the money received by their election funds. If they do so, the electoral commission has the right to initiate legal proceedings to cancel the decision to register the candidate or the list of candidates.
[7] Election funds that have not been spent are to be returned by the candidates to the African Electoral Commission within 30 days of the elections.
[8] Thirty days after the publication of the election returns, the candidates and parties shall submit financial statements to the African Electoral Commission.
Section X - Campaigning
[1] Campaigning services authorized by the AEC - such as use of public transportation and public radio - begin on the day candidates are registered and end at midnight local time 24 hours before the Election Day. Any use of AEC authorized services are banned on the Election Day and the day preceding it.
[2] Campaigning can be conducted:
[i] Through the mass media;
[ii] Through organizing public campaign activities (meetings with the electorate, public debates and discussions, rallies, processions, marches, etc.);
[iii] By putting out and/or disseminating printed, audio-visual and other campaign materials.
[3] Participation in campaigning or in disseminating any campaign materials is forbidden to:
[i] All-Union and local government bodies, and also to their officials when discharging their official duties;
[ii] Military units, military institutions and organizations;
[iii] Charitable organizations and religious associations;
[iv] Members of the African Electoral Commission
[4] Campaign programs, materials, speeches at rallies and appearances via the mass media must not contain calls for a violent change, or for any breach of the integrity of the Pan African Parliament, or any breach of the unity of Africa.
[5] Campaigning for, or propaganda of, or production and dissemination of reports and materials inciting hatred, intimidation of voters, racial supremacy, national or religious unrest are banned.
[6] Campaigning involving any offer to voters of free or cut-rate goods, services (with the exception of information services), securities or cash is forbidden.
[7] Candidates, parties, electoral blocs and their authorized representatives have no right to offer voters money, gifts or other valuables except as remuneration for campaign work (duty at polling stations, collection of signatures, etc.); or to sell them at cut-rate prices, or to give out goods free of charge with the exception of printed matter and badges.
[8] When campaigning, candidates, parties, electoral associations, electoral blocs and their authorized representatives have no right to influence voters by promising them cash, securities or other material benefits.
[9] Printed campaign materials may be displayed in any premises, on any building, structure, or other facility with the consent of the owner or holder of such facilities. Such materials must contain information about the organizations and individuals responsible for putting them out.
[10] State-owned television and radio broadcasting companies must give candidates equal free air time. Printed periodicals, if their founders include government or municipal bodies, state-owned enterprises, institutions and organizations, or if they are financed fully or in part out of the government budget (federal budget or the budget of a subject of the Russian Federation), must give all candidates, electoral associations and blocs equal possibilities to publish their campaign materials.
[11] The African Electoral Commission shall publish an official list of public and government media outlets.
Section XI - The Election Ballot
[1] The election ballot must consist of the names and symbols of the parties, the names of the first five candidates in the party list.
[2] The sequence of the names of the parties in the ballot is decided by the blind draw. The last line in the ballot must read, "Against all lists of candidates".
[3] Each ballot consists of two detachable pieces, both with the same unique electronically readable serial number for each ballot. The piece on the left is the registration form and is retained by officials of the AEC. The piece on the right is the ballot that is retained by voter and is taken into the private booth. In the privacy of the booth the voter writes an X in the space next to the name of the party of choice. The voter then exits the booth and inserts the ballot inside a common ballot box in full view of the public, but holding the card in such a way as to protect the information on the ballot. Blind voters may dictate their choice and have the polling officer fill out the ballot in the presence of a witness, or take with them a friend into the booth.
[4] These precautions are designed to prevent election fraud:
[i] The use of a common ballot box per polling station, instead of use of different ballot boxes for different parties, precludes stuffing boxes, or damaging an opponent's box, since the single box is shared by all the parties. If possible it should be a large box made of transparent material.
[ii] Having the box in clear view prevents manipulation of the box, or insertion of materials other than the authorized ballot.
[iii] Having the ballot box in the open prevents taking the ballot outside for transference or sale.
[iv] The serial number, unique to each single ballot, on the ballot matches the number on the voter registration form. In the event of a contest of results by one of the parties, the Chief Electoral Officer who retains the ballots, and the Chief Justice who retains the registration forms will be able to compare figures to determine how many Votes were cast, how many were spoiled and which polling stations were most affected by fraud. Faulty or missing ballots can be traced back to the polling station.
Section XII - Determining Election Returns
[1] Elections are deemed valid if at least 25 percent of the voters have taken part. The "number of voters" taking part in the elections should correspond to the number of voters who have signed registration forms for receiving their ballots. The "number of voters" who take part in the voting means the number of ballots (including invalid ones) found in the ballot boxes.
[2] The 265 mandates/seats in the All-Union electoral district are distributed among parties, associations and blocs that have each polled at least 5% [Five percent] of the votes of those voters who take part in the elections, such distribution being in proportion to the number of votes cast for them.
Section XIII - Filling Vacant Mandates:
[1] When after the elections the mandate/seat of a deputy/member of the PAP becomes vacant, it is transferred to the next candidate on the list. If there are no more candidates on the list, the mandate remains vacant till the next elections. However, the party may fill the vacancy by organizing a party convention to select a person to fill the vacancy. In order to fill the vacancy, the candidate must provide proof of endorsement with the signatures of three officers of the party, in addition to the party leader, and the endorsements of at least 500 electors.
[2] If the mandate of a member of the PAP is terminated ahead of time [due to resignation or illness], the African Electoral Commission shall call for the party that owns the seat to conduct a congress or convention to chose another member to fill the vacancy for the remainder of the term of the parliament. The new member must present proof of endorsement by three officers of the party, in addition to the party leader and at least 500 electors. However, at the discretion of the party leader, the vacancy may or may not be filled if one year or less remains before the powers of the current Parliament expire.
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