accreditations since the OAC is only a recommending body. However, the Commission must
indicate in writing within 48 hours of receipt of the recommendations that it objects to any of
them. However, it may be useful to get clarity on the nature of the ‘recommendations’ that the
OAC is entitled to issue – are they recommended names of accredited observers or do they
include a list of applicants that have been rejected? The risk here is that whilst it appears that
the Commission is the ultimate deciding body it is not clear that it has the power to revisit the
applications that have been rejected. If it does not have sight of these rejects, then its role as
the ultimate decision-making busy is in reality very limited, with greater power resting in the
OAC.
•
Also of concern is that there is no provision for the rejected applicants to seek recourse against
the decision of the OAC. This may lie with the courts under the normal laws of the country but it
would be lengthy and time-consuming, especially given the urgency of such matters in periods
leading up to elections. It would be better to have clear provisions enabling an appeal process
against the decision of the OAC, in particular given that the Ministers have the right of objection
against specific applicants whereas there is no provision for hearing the side of the applicants in
such circumstances.
•
Overall, ZESN notes that the Observers’ Accreditation Committee (“OAC”) which is responsible
for the accreditation of both local and foreign election observers is comprised of a high number
of political nominees. If the aim was to reduce political interference in the accreditation of
observers, this is not fully achieved given the domination of political nominees. ZESN
recommends that the composition of the OAC be exclusive decision of the body charged with
running elections, i.e. the Commission. Ministers, who are usually also contestants in an election,
should have no role in the accreditation of observers since all other candidates in an election
who are not Ministers do not have the same facility. Likewise, it is not necessary to give power
to the Ministers of Government to invite persons to apply for accreditation to observe elections.
Indeed, on the same basis, Ministers’ right of objection against certain observers is not justified
given that other contestants or parties with an interest in an election do not have the same
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