OOPPOSITION ACCUSES GRM OF ELECTIONS MALFEASANCE

C O N F I D E N T I A L SECTION 01 OF 02 MAPUTO 001076 NOFORN SIPDIS E.O. 12958: DECL: 10/01/2019 TAGS: PREL PGOV MZ SUBJECT: OOPPOSITION ACCUSES GRM OF ELECTIONS MALFEASANCE REF: A. MAPUTO 1066 ¶B. EMBASSY-DESK EMAIL 10/01/09 Classified By: Charge d'Affaires Matthew Roth for reasons 1.4 (b and d) ¶1. (C/NF) SUMMARY: In a September 30 press conference, representatives of opposition party Democratic Movement of Mozambique (MDM) presented compelling arguments in support of their accusation that the GRM was actively malfeasant in denying the party's efforts to participate in legislative elections. MDM leader Daviz Simango characterized the GRM's latest moves as totalitarian, and cautioned the international donor community that continued support to the GRM could be perceived as supporting an undemocratic regime. Civil society efforts to support opposition parties' appeals to the Constitutional Council (CC) with strong legal arguments have been ignored. In private, National Electoral Commission (CNE) leader Leopoldo da Costa has admitted that CNE's decisions may have been incorrect, but accused international donors of meddling in domestic affairs. MDM has limited legal recourse at this point, but is determined to continue campaigning for the elections. END SUMMARY. -------------- MDM CLAIMS GRM MALFEASANCE -------------- ¶2. (C) In a September 30 press conference, representatives of opposition party Democratic Movement of Mozambique (MDM) responded to the Constitutional Council's (CC) denial of the party's appeal to allow their candidates to compete in many legislative elections (Ref A). Opening the conference, MDM spokesperson Jose Manuel de Sousa claimed that the National Elections Commission (CNE),which had denied MDM candidates in the first instance, purposely neglected to provide evidence key to MDM's appeal to the CC. De Sousa then gave an in-depth review of all the documentation that had been given to CNE--and should have then been passed on to the CC--going as far to show that all the documents had been stamped and signed by CNE, proving that they had been received by that body. De Sousa said the CNE, by providing incomplete information to the CC, ensured that the CC's decision would be in its favor. De Sousa noted that under Mozambican law, this amounted to criminal malfeasance, and in effect, tampering with the elections. -------------- -------------- SIMANGO CRITICIZES GRM AND FRELIMO, CAUTIONS DONORS -------------- -------------- ¶3. (C) Following the presentation, MDM President Daviz Simango addressed the audience, saying that CNE's electoral malfeasance was "killing democracy in Mozambique." Simango explained that the political situation was one in which the rights of the people were minimally represented in favor of providing maximum authority to a powerful minority. Simango said that FRELIMO relies on "repression and single party rule, imposing its will to preserve its economic dominance, just like a totalitarian or fascist state." Simango warned that the CNE decision is proof that FRELIMO is shaping the electoral decisions of the voters prior to the election, and cautioned the international community, noting that continued donor assistance lent credibility to an undemocratic government. -------------- CIVIL SOCIETY WEIGHS IN...BUT IS IGNORED -------------- ¶4. (C) At the conference, chair of the Human Rights League (LDH) Dr. Alice Mabota referred to the CNE's actions as "criminal." Sheikh Abdul Carimo, spokesperson for the domestic observer group Elections Observatory (OE),also shared with POLOFF the same day a non-binding legal brief (ref B) that OE sent to the CC, which recommended that the CC sustain opposition party appeals and gave extensive legal reasoning as to why the CNE's initial decisions were wrong. Carimo expressed disappointment and surprise that the CC had rejected the brief out of hand, and indicated that it was worrisome that GRM entities appeared to be treating political parties unequally. -------------- IN PRIVATE, CNE ADMITS IT WENT TOO FAR -------------- ¶5. (C/NF) On September 28, Graca Machel (widow of independence and FRELIMO leader Samora Machel and current MAPUTO 00001076 002 OF 002 wife of South African ex-president Nelson Mandela) held a private meeting of key FRELIMO intellectuals with CNE President Leopoldo Da Costa. Frelimo jurist Abdul Carimo told Emboff afterwards that he confronted da Costa in the meeting, asking da Costa directly if he believed that his interpretation of the elections law was really the best route forward for the country's development. Da Costa refused to answer until Carimo insisted again, at which point da Costa allegedly admitted that in truth, the elections law should not have been interpreted so strictly. Even so, Carimo said that da Costa viscerally criticized the 'meddling' of the international community in the elections process, called on FRELIMO members to unite as 'patriots' against foreigners, and said, "now I want to see what the donors will do" in light of the CC decision. -------------- -------------- COMMENT: MDM--LIMITED OPTIONS, BUT DETERMINED TO CAMPAIGN -------------- -------------- ¶6. (C) MDM has very limited legal options for the legislative elections at this point, since the CC's decision cannot be appealed. The party has stated publicly that it intends to call for the GRM's Attorney General to open a criminal case for malfeasance against the CNE, but the GRM's track record on cases of this nature suggests that this is highly unlikely to bear fruit. MDM officials have told poloffs that they will also call on the African Union and SADC to make statements, but recognize that with other more pressing situations in the region, this effort would also likely be unsuccessful. Nonetheless, MDM's Simango has declared that he is determined to continue campaigning, and has called on the electorate to declare their dissatisfaction with the ruling party by voting for him in the presidential race, saying repeatedly "the vote is still secret, we can make a difference in this election." ROTH