US embassy cable - 05GABORONE812

UNCLAS SECTION 01 OF 02 GABORONE 000812 
 
SIPDIS 
 
SENSITIVE 
 
AF/S FOR MALONEY 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, PREL, SF, BC, Promoting Democracy 
SUBJECT:  IMPROVING BOTSWANA'S ELECTIONS 
 
 
1. (U)  SUMMARY:  Although Botswana's Independent Electoral 
Commission (IEC) administered the October 2004 parliamentary 
election admirably, constitutional and statutory amendments 
could enhance the IEC's ability to conduct elections in a 
free and fair manner.  At a June 9-10 conference co- 
sponsored by USAID and the IEC, stakeholders in the election 
process debated how to better insulate the IEC from 
political pressure, regulate campaign financing and prevent 
incumbents from abusing state resources.  Building on a 
January DVC on campaign finance hosted by Embassy Gaborone 
and a February 2005 workshop for IEC staff to evaluate their 
recent performance, also funded by the Embassy, this 
conference continued and extended Mission's advocacy to 
strengthen Botswana's democratic institutions.  END SUMMARY. 
 
2. (U)  Using money earmarked by USAID's Regional Center for 
Southern Africa (RCSA) for programs in non-presence 
countries, Embassy Gaborone, RCSA, and the IEC jointly 
planned a June 9-10 conference to deliberate constitutional 
and statutory changes that would strengthen the IEC and 
improve the conduct of elections in Botswana.  The 
conference drew participants from all the major political 
parties, the media, the University of Botswana as well as 
various Government agencies.  In an unusual step, after 
officially opening the event, Minister of Presidential 
Affairs and Public Administration Phandu Skelemani remained 
to observe the conference's provocative first session on 
incumbency and its abuse.  The presence of the two senior- 
most officials on the political staff of the Office of the 
President reflected the importance the GOB accorded this 
conference. 
 
ENHANCING THE INDEPENDENCE OF THE IEC 
 
3. (U)  Proposals for enhancing the independence of the IEC 
won broad support among conference participants.  Formerly 
the Office of Elections within the Office of the President, 
the IEC is now a separate body.  The Secretary of the IEC 
however, is, still appointed by the President and the IEC's 
budget flows through that of the Office of the President. 
Although members of the Commission are not appointed by the 
President, they are chosen by the members of the Judicial 
Service Commission, all but one of whom are Presidential 
appointees.  The conference endorsed without objection 
recommendations that the National Assembly amend the 
Constitution to establish procedures for appointing members 
of the Commission and its Secretary, the funding the IEC, 
and regulating its operations, that would protect it from 
manipulation by the President. 
 
BROADENING THE MANDATE OF THE IEC 
 
4. (U)  A number of the recommendations adopted by the 
conference urged the National Assembly to clarify and 
broaden the mandate of the IEC.  During the October 2004 
election, the opposition parties argued that the current 
arrangement, whereby the President chooses the polling date, 
allows the ruling party the unfair advantage of exclusive 
advance knowledge on which to base its campaign plans. 
Participants suggested a number of remedies, most of which 
involved granting the IEC a role in setting the voting day. 
 
5. (U)  Another proposal advocated replacing the current 
Delimitation Commission, an ad hoc body again chosen by 
Presidential appointees to adjust the boundaries of 
constituencies, and instead conferring its powers upon the 
IEC.  This would reduce the perceived scope for 
gerrymandering.  Assigning this role to a permanent 
institution also would enable it to correct possible 
mistakes.  The most recent Delimitation Commission was 
unable to correct errors it had made because the Commission 
is dissolved upon submission of its report to the President. 
 
CALLS FOR CAMPAIGN FINANCE REFORM, BUT NOT READY FOR 
FINANCIAL DISCLOSURE 
 
6. (U)  Most controversial were calls for campaign finance 
reform.  Members of the opposition parties railed against 
the common practice of ministers addressing party political 
rallies while traveling within the country on government 
business.  They also clamored for state funding for 
political parties and avidly queried a representative of 
South Africa's electoral management body on provisions for 
party funding in South Africa. 
 
7. (SBU)  References to campaign finance disclosure failed 
to resonate with members of either the ruling or opposition 
parties.  It is commonly known that the ruling Botswana 
Democratic Party (BDP) draws significant backing from the 
mining company De Beers.  BDP Executive Secretary Batlang 
Serema made it clear that both the Party and its supporters 
are hesitant to publicly disclose the magnitude and nature 
of that support.  UB academic Gladys Mokhawa echoed 
opposition politicians' comments to PolOff observing that 
contributors to the opposition parties are equally reluctant 
to be known.  Since most companies count Government agencies 
among their largest customers, their proprietors often fear 
that openly donating to opposition parties could cost them 
vital Government contracts. 
 
EQUALIZING ACCESS TO BROADCAST MEDIA 
 
8. (U)  Lastly, participants debated the role of the 
broadcast media in the election process.  Dr. Masego 
Mpotokwane, Chair of the National Broadcasting Board (NBB), 
acknowledged the media's responsibility to assist citizens 
to hold their representatives accountable.  Although he said 
that the NBB is working on a code of conduct for 
broadcasters during elections, he refused to comment on the 
controversial question of whether the state media should 
cover party political events at which the President presides 
the same way it covers events which involve him in his 
capacity as head of state.  During 2004, regulations 
established by the Ministry of Communication, Science and 
Technology, which required state media to cover any event 
involving the President or Vice President, resulted in 
copious television coverage for BDP candidates in comparison 
to that enjoyed by their rivals.  Skeptical of the impact of 
a code of conduct, opposition party representatives focused 
on state funding of political parties as a the most 
effective means for equalizing access to broadcast media. 
 
AMBASSADOR CITES BOTSWANA'S EXAMPLE 
 
9. (U)  In Ambassador Huggins' remarks to the conference, he 
noted the invaluable example Botswana sets for the continent 
and the developing world, as a stable democracy.  He 
challenged the participants to examine the IEC and the 
constitutional and legislative context in which it operates 
and to propose changes that would build upon its laudable 
achievements. 
 
COMMENT 
 
10.  (U)  One major theme of these deliberations was the 
need to trim some of the powers wielded by the President. 
This conclusion flies in the face of the cultural and 
historical role of chiefs and the popular concept of the 
President as a paramount chief, at least among the older 
generation.  It accounts for the deliberate concentration of 
powers in the Presidency by the GOB over the years. More 
recently, however, there is growing public concern in 
Botswana regarding an over-mighty executive.  Mission 
continues to use partnerships such as that with the IEC to 
advocate for reforms, such as developing more `checks and 
balances,' to strengthen democracy in Botswana and enhance 
its role as an example to other countries. 
 
HUGGINS