February 23, 2009

I. E xecutive Summary

2009 should see a presidential election in Angola, for the first time since 1992. Parliamentary elections held in September 2008 failed to fully meet regional and international standards. Urgent reforms are essential if the people of Angola are to be able to freely exercise their civil and political rights and vote for the presidential candidate of their choice. Those reforms need to be entrenched ahead of Angola's first local elections, to be held in 2010.

The parliamentary elections on September 5-6, 2008, were the first in 16 years. They brought a resounding victory for the ruling Popular Liberation Movement of Angola (MPLA), in power since 1975, with 81.7 percent of the vote. The elections were contested by 14 political parties and coalitions, but only four opposition parties were able to secure representation in parliament, where the MPLA's landslide translated into 191 of the 220 seats.

In 2008, in the months before the official parliamentary election campaign, Human Rights Watch raised doubts about prospects for the elections being free and fair: The oversight body, the National Electoral Commission (CNE) lacked impartiality because it is dominated by the ruling party; the media environment was unfavourable to the opposition and freedom of expression restricted; unchecked intimidation and political violence by ruling party supporters was preventing opposition parties from campaigning freely throughout the country; and a climate of repression prevailed in the enclave of Cabinda, where armed conflict has continued despite a 2006 peace agreement.

During the one-month official election campaign period, which opened on August 5, 2008, Human Rights Watch witnessed some improvement. Unlike during the pre-campaign period, the police provided protection to opposition parties, meaning they could campaign freely. However, in many other ways the playing field remained considerably slanted in favour of the ruling party. The CNE failed in its role as oversight body, doing nothing to prevent or respond to major violations of election laws during the campaign, such as unequal access to state funds and to the state media. It also obstructed accreditation for national election observers from civil society. On polling day, important safeguards against manipulation such as the use of voter's rolls were breached, and the CNE obstructed independent monitoring of the tabulation process.

Opposition parties and observers have not presented evidence of deliberate government manipulation of the polls, and political parties have accepted the election results after their formal complaints were rejected by the Constitutional Court. Nevertheless, the scope of shortcomings and uncertainty of their impact affected the credibility of the election process. The government announced an independent inquiry into the verified irregularities, but the inquiry that purportedly took place was not independent and no report was published.

President José Eduardo dos Santos has already announced that a presidential election will take place in 2009. The actual date has not been named, however, and the president is required to give a minimum of 90 days' notice. For the 2008 parliamentary elections, the president left it to the very last minute to announce the date, and there is a danger this scenario will be repeated. Moreover, in November 2008 the president announced that a new constitution would be approved before scheduling a presidential election and raised the possibility that the new constitution may lead to the president's being elected by parliament rather than through a new poll. This has raised uncertainty as to whether the presidential election will take place in 2009, or at all.

Nevertheless, the uncertainty cannot be an excuse for inaction. The government should correct the shortcomings observed during the parliamentary election process and introduce reforms to ensure that future electoral processes fully meet international standards and the Southern African Development Community (SADC) Principles and Guidelines Governing Democratic Elections.

In addition, the government should undertake efforts to ensure that space for opposition parties, independent civil society, and media does not suffer further restrictions. Since the 2008 elections there have been no signs of improvement in that regard. Urgent efforts are needed to safeguard the democratization process initiated in 1991 and build on the relative calm of September 2008's election.