[Congressional Record Volume 148, Number 2 (Thursday, January 24, 2002)]
[Senate]
[Pages S96-S97]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     THE RECENT ELECTIONS IN ZAMBIA

  Mr. FEINGOLD. Mr. President, I rise today to express concern over the 
outcome of the presidential elections last month in Zambia. A number of 
African states will hold important elections this year, the results of 
which could shape the governance and prosperity of the continent for 
years to come. Unfortunately, several troubling aspects of the Zambian 
elections demonstrate the need for a more concerted international 
effort to demand democratic accountability and transparency in many 
African states.
  The Movement for Multiparty Democracy's candidate for President of 
Zambia, Levy Mwanawasa, was inaugurated on January 2 as the new 
President, after claiming a very narrow victory in general elections 
held on December 27. As the handpicked successor of outgoing president 
Frederick Chiluba, Mwanawasa approached the contest from an advantaged 
institutional position and ran against a divided opposition. But polls 
leading up to the election predicted that Anderson Mazoka, a prominent 
business executive, would win, or that the race would at least be 
exceptionally close.
  Unfortunately election monitoring reports from the Carter Center, the 
European Union and national nongovernmental organizations suggest that 
the balloting may have been marred by fraud. There are credible reports 
of tabulation irregularities and voter intimidation. Those reports 
corroborate claims made by the opposition parties themselves. The 
Carter Center has issued a statement expressing serious concern over 
the reports of irregularities in the tabulation process, although they 
have not been able to

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verify those irregularities independently. At minimum, it seems clear 
that the elections were characterized by highly troubling 
inconsistencies and exceptionally poor management.
  Equal consideration must also be given to alarming pre-election 
reports. An assessment conducted by the Carter Center immediately prior 
to the voting concluded that some steps taken by Zambian authorities in 
the pre-election period ``handicapped the opposition, created barriers 
to civil society participation and disenfranchised many voters.'' 
Reports of intimidation and the misuse of state resources by government 
officials undermined the credibility of the ruling party's campaign. At 
the same time, the Carter Center estimated that only 2.6 million out of 
an eligible 4.6 million citizens were registered to vote. In part, this 
low level of registration related to difficulties in obtaining national 
registration cards. But prolonged uncertainty about the election date, 
followed by the selection of a date in the middle of the rainy season 
and during a common holiday travel period also complicated the 
administration of the elections and lowered participation in certain 
regions. And the failure of President Chiluba to declare an official 
holiday on the date of the elections prevented some workers from 
waiting in long lines that day to vote.
  The mismanaged December elections have led to protests in Zambia, 
although it is a testament to the Zambian people's desire for a 
genuinely democratic state, governed by the rule of law, that the 
protests have not exploded into more destabilizing violence. Turning to 
the courts, the opposition is expected to lodge a full appeal to the 
Supreme Court. The high court in Lusaka dismissed an earlier opposition 
petition, declaring that Zambian law required that such petitions be 
filed after the winning candidate assumed office. But most legal 
professionals note that the judiciary remains weak and that it will be 
exceptionally difficult to overturn any election results now that the 
results have been certified.
  In the meantime, the United States and the rest of the international 
community must work with the Zambian advocates of democracy as they 
seek credible political options that might resolve the current crisis. 
Some influential voices are calling for the creation of an independent 
commission to review the election. That is one option that the United 
States could support, particularly if the courts are unable or 
unwilling to resolve the dispute. But any attempt by the United States 
to help mediate the impasse must be transparent and must have as its 
goal the inauguration of a Zambian government that responds to the 
will, and the needs, of the Zambian electorate. And above all, the 
United States must stand firm in defending the right of the opposition 
to speak out, and to contest the election results through legal means. 
Unfortunately, in his first days after assuming the presidency, Mr. 
Mwanawasa has demonstrated an ominous reluctance to tolerate opposition 
politics, and he has publicly warned the opposition against taking any 
additional steps to contest the results.
  A peaceful and credible resolution to election disputes is essential. 
Without the confidence of the Zambian people, the President of that 
country will find it difficult, if not impossible, to address the 
country's precipitous social decline, which has been nudged along by a 
worsening economic climate, widespread corruption and a massive HIV/
AIDS epidemic in a country where the average income is only about one 
dollar a day. Once the election dispute is resolved, the United States 
will have to work closely with the legitimate government of Zambia to 
help address this growing humanitarian crisis.

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