Author: Marie-Thérèse Purvis
Background
Seychelles became an independent republic in 1976 under the leadership of a newly elected coalition government of the two main political parties at the time. One year later this government was deposed in a coup d’état led by the Seychelles People’s United Party, which established a one-party constitution in 1979. The National Assembly was dissolved and replaced by a one-party People’s Assembly, whose members were selected through a general election in 1979. Other one-party presidential and assembly general elections took place in 1987 and 1991.
The country returned to multiparty democracy in the early 1990s, with a new constitution approved through a referendum in 1993. This change required the appointment of an independent electoral commissioner responsible for establishing and maintaining the voters’ register, delimiting the electoral boundaries, oversight of political campaigning, organizing elections and registering political parties. Under the new constitution, presidential and National Assembly elections, which are based on universal franchise, take place every five years.
Calls for electoral reforms after the general elections of 2007 and 2011 resulted in a sixth amendment to the 1993 constitution, which changed the office of the electoral commissioner to that of an Electoral Commission (EC) in 2011. One of the EC’s mandates was to recommend electoral reforms that would further enhance democracy.
The Legislative Framework
In addition to the constitutional provisions that established the EC and stipulated procedures for presidential and National Assembly elections, two other main statutes provide the detailed legal framework for elections in Seychelles. The Elections Act of 1995 regulates the registration of voters, the organization of presidential and National Assembly elections, and referendums. The Political Parties (registration and regulation) Act of 1991 establishes the EC as the registrar of political parties, with responsibility for maintaining a register of political parties, allocating public funds to parties and reporting to the National Assembly accordingly. Section 3 of the Public Order Act of 1959 deals with control of public gatherings, which also include political party public meetings and rallies. Other regulations pursuant to the Elections Act include the Election Advisory Board Regulations of 2010 and the Elections Regulation of 2006, which address issues of signage and the use of government vehicles in polling activities.
Institutional Structure
The EC comprises five members (one woman and four men) who are independent professional persons, not aligned with the interests of any political party or government. They are appointed for seven years, with the possibility of renewing their applications after that period.
The positions were advertised by the Constitutional Appointments Authority (CAA) in accordance with article 115a of the constitution, and the CAA made recommendations to the president, who appointed the five members, including a chairperson. The latter is the only full-time member of the commission; he heads the EC secretariat of four other permanent staff. Other electoral officers are recruited on a temporary basis during election periods or for specific purposes such as voter registration.
Since the Seychelles electoral system is small, the commission has responsibility for both policy decisions relating to the electoral process and overseeing the implementation of the electoral process. It is independent of any government ministry or department. It operates autonomously and manages its own budget, for which it is accountable only to the Ministry of Finance and the auditor general. The commission reports annually to the National Assembly on the conduct of all elections it is responsible for, and on the public funding of political parties.
Powers and Functions
As mandated by the constitution, the Elections Act and the Political Parties Act, the EC is responsible for ensuring that all eligible persons can exercise their right to present themselves as candidates for election and that all voters have access to the electoral system by:
- maintaining the national register of voters;
- informing voters about the electoral system and elections;
- maintaining a register of political parties;
- ensuring the registration of candidates for elections;
- overseeing the conduct of election campaigns;
- administering access to the public media for campaign purposes;
- reviewing and adjusting electoral boundaries;
- training electoral staff;
- conducting presidential and National Assembly elections and referendums, in accordance with the legal framework;
- reporting to the National Assembly on the administration of elections and referendums; and
- periodically making recommendations to the government for further reforms.
Financing
The commission is financed through public funds. Each year the chairperson submits a budget to the Ministry of Finance, following the same procedure as other government ministries or departments. All expected costs are normally covered. The budgets for elections are prepared separately, and all election expenses are covered under the consolidated revenue fund.
Accountability
The EC is fully accountable to the Ministry of Finance for all expenditure of public funds. Its accounts are also subject to audits by the auditor general. As the registrar of political parties, the commission also reports annually to the National Assembly on the public financing of political parties and on all elections that are organized, and it may be taken to court by any aggrieved person or political party.
Professionalization
Members of the commission and secretariat staff participate in regional and inter- national training programmes and other professional development activities. This is often through contacts with regional and international organizations active in the areas of electoral management and democracy promotion. EC members also take part in election observation missions in the region and elsewhere.
Some training of temporary staff responsible for electoral administration is conducted during election periods. However, the EC still lacks a coordinated professional development programme for all its members and staff.
Relations with the Media, Other Institutions and Agencies
Access to public media for campaign purposes is regulated by the Elections Act, and the commission ensures that all candidates and parties have equal access to airtime on national radio and television. However, it has no control over campaign opportunities through privately owned media, although political parties and candidates generally agree to abide by a voluntary code of conduct for elections. The EC collaborates with the Media Commission, which is a relatively new organization and is still in the process of finalizing a code of ethics for the local media. Under the one-party system the media was completely controlled by the government, and this legacy is only gradually being challenged.
The EC works closely with a number of government ministries and departments, including the statistics department, civil status office, immigration, and information and communications technology departments. It is relatively easy for the EC to communicate with the executive, legislature and judiciary on matters related to elections and electoral reforms, as it deems necessary.
The EC is a member of the SADC Electoral Commissions Forum, and its members participate actively in their professional development programmes. Close ties are maintained with the Commonwealth Secretariat, and the EC has welcomed observers from these organizations as well as from local observer groups.
New Technologies
An electronic voter register is updated and maintained annually. The EC is considering the introduction of biometric identification cards and the use of barcode scanners and existing GIS databases to carry out a voter census that should considerably improve the accuracy of the voter register.
Electoral Reform Management
The EC was mandated to undertake electoral reforms, in particular to review existing legislation governing electoral matters and make recommendations to government. The process began in October 2011 with setting up a forum for electoral reform comprising representatives of all registered political parties and civil society, and the establishment of an agreed roadmap to guide its work. It was agreed that, as a general rule, forum decisions would be by consensus. The views of voters were sought through a series of regional public meetings and other avenues of direct communication with the EC. The forum’s deliberations on electoral reform were open to the public, and many of the issues debated were also taken up in the local media.
All legislation relating to elections was reviewed, and the EC submitted its first set of recommendations on section 3 of the Public Order Act to the president in 2012. Recommendations on the other statutes were forwarded to the government in 2013. The major aim of the recommendations was to strengthen the democratic process governing elections in Seychelles.
The main areas proposed for reform include:
- enacting new laws that enable citizens to exercise their right to assemble peacefully in public places, as opposed to having to seek police permission for such assemblies;
- holding elections within 90 days of a president resigning or dying;
- the institutionalization of a regular voters’ census to ensure an accurate voter register at all times;
- the streamlining of the nomination procedures for candidates for elections;
- setting limits on and control of campaign financing;
- obligatory disclosure of sources of campaign funding;
- streamlining procedures for the registration of political parties; and
- reviewing the basis for financial support to political parties and the public disclosure of political party financing.
By mandating the newly appointed EC to undertake reforms, the government has, at one level, made a commitment to pursuing such reforms. However, recommendations for legislative changes can only happen if they are enacted by the National Assembly. Still, government support would remain a very important element in this process. The commission is also in a position to play a relatively strong advocacy role in the reform process.
Gender
The EC advocates for gender equality in all its principles, procedures and activities. And although the majority of electoral officials are women, and women make up the majority of voters in most age categories, women’s participation on the national political scene — such as women parliamentarians, senior government executives and leaders of political parties — remains relatively low compared to men. Fewer women are to be found on the executive committees of political parties, and generally parties field more male than female candidates. The argument often put forward for this is that ‘the best candidates’ are selected anyway. However, the untenable underlying assumption here is that since the majority of committee members and candidates are men, they are therefore the best candidates.
There is clearly a need for the EC to further mainstream gender in its voter education and outreach programmes, as well as in its overall practices.
Opportunities and Constraints
The small size of the country — a voter population of about 60,000 out of a total population of 88,000 — has the advantage of facilitating access, shortening the power distances between people and their elected representatives, and providing greater opportunities for change. However, the highly dispersed nature of the Seychelles archipelago, the emergent democratic governance and limited citizens’ engagement in it so far, make for a unique situation and present particular challenges for the new EC. The recent consultative process for electoral reform has strengthened the commission’s position as an independent body and helped it to gain the trust of all stakeholders. The commission has to build on these strengths over the next five years of its mandate if it is to succeed in effecting the changes that should help consolidate democracy through the electoral process.
