Keeping the Peace in a Tense Election, Ghana, 2008

Lucas Issacharoff Innovations for Successful Societies

KEEPING THE PEACE IN A TENSE ELECTION: GHANA, 2008

SYNOPSIS In 2008, Ghana held a peaceful run-off in a hotly contested presidential race, breaking the pattern of violence that had afflicted elections in Nigeria, Kenya, Zimbabwe and several other African countries during the same period. Since the advent of multi-party democracy in 1992, Ghana had held three consecutive elections that observers regarded as relatively free and fair. However, the 2008 presidential race generated concern. Previous elections had revealed substantial ethnic block voting, raising allegations of misbehavior by the two major parties both during the campaign and on polling day. Tensions were increased further in 2008 by the closeness of the initial ballot, which forced the country’s first run-off in which the outcome was genuinely uncertain. This case study analyzes the measures taken by the Electoral Commission and other bodies to reduce the likelihood of violence, including an emphasis on transparency as a way to build trust. With the help of other groups, the commission also organized a system for identifying potential trouble spots, mediating, and building cooperation. In large part because of these efforts, Ghanaians experienced a peaceful transfer of power.

Lucas Issacharoff drafted this case study with the help of Daniel Scher on the basis of interviews conducted in Accra, Ghana, in January 2010 and using interviews conducted by Ashley McCants and Jennifer Burnett in August 2008.

INTRODUCTION these things getting out of hand.” Reflecting Vincent Crabbe, a former justice of on the outcome of the election, he commented, Ghana’s Supreme Court and co-chairman of “If things had gone badly, it would be to the the Coalition of Domestic Election Observers, discredit of the country as a whole. … It was a clearly recalled the tension that he and his question of saving the integrity of the country.” colleagues experienced in 2008 as his country During the preceding decade and a half, headed toward its fourth democratic election. Ghana had acquired a reputation as one of “The possibility of violence was not ruled out,” Africa’s better economic and political he observed. “We knew what was going on performers, but the instability of its early years [and] had to take care about the possibility of still cast a shadow. After gaining

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independence from Britain in 1957, the international observers worried that the fierce country endured three rocky decades marked competition might escalate and shatter the by a series of military coups and counter- country’s recent record of peace. The recent coups. Then-Flight Lieutenant Jerry Rawlings history of close elections on the African led a coup in 1979, briefly returned the continent did not bode well. In 2007, country to civilian rule, and then seized power presidential and parliamentary contests in from the civilian government in 1981, marking Nigeria and Kenya had erupted in violence. A the country’s fifth successful military coup close and disputed outcome in the Kenyan since independence. The economy had presidential election at the end of 2007 had contracted through much of the 1970s, and led to roughly 1,000 deaths. In Zimbabwe in Rawlings adopted substantial elements of a March 2008, the incumbent president and his conventional structural-adjustment program, main challenger ran a very tight race and faced cutting the budget, selling public companies a run-off. Clashes between parties, as well as and liberalizing markets. Ghana’s average between opposition campaigners and the annual growth in gross domestic product per police, plagued the campaign. In Zimbabwe, capita increased in the late 1980s and 1990s, as in Kenya, disputes about the outcome hit a plateau, and then rose again, more prompted international concern and the sharply, between 2005 and 2008. dispatch of mediators. Not surprisingly, In 1992, bowing to domestic and tension gripped Ghana as the campaign period international pressure, Rawlings helped to dawned. create the basis for a multi-party system, The discovery of potentially vast offshore legalizing opposition parties and announcing a oil reserves increased the political stakes. date for elections. Although international Revenues would begin to flow during the next observers deemed the resulting vote free and presidential term, creating opportunities for fair, Rawlings’ victory in the presidential race enrichment and patronage. Many worried caused opposition parties to cry foul and that the “resource curse” that plagued other boycott the parliamentary polls. The end countries would soon strike Ghana. Daniel result, after a voter turnout of only 28%, was a Armah-Attoh of the Center for Democratic Parliament in which Rawlings’ National Development (CDD), one of the country’s Democratic Congress (NDC) held nearly every most respected think tanks, characterized the seat. Thereafter, the political climate elections as a fight “for who takes control of the gradually improved. Four years later the nation’s resources.” While such a view was opposition participated fully in competitive unusually stark, the frequency with which elections that international observers and observers pointed to the still-untapped oil opposition parties deemed fair even though reserves indicated that Armah-Attoh was Rawlings and the NDC were returned to hardly alone in his concerns. Emmanuel power. In 2000, Rawlings surprised many by Gyimah-Boadi, director of the CDD, agreed peacefully ceding power to John Kufuor of the that “the allure of ‘state capture’ via the New Patriotic Party (NPP), after Rawlings’ presidency has now been enhanced by the NDC lost the election. Kufuor and the NPP recent discovery of oil reserves off Ghana’s went on to win the 2004 elections. western shores.” As the 2008 elections drew near, opinion Within the ranks for the incumbent party, surveys showed the NDC and the NPP were the NPP, rhetoric had escalated early in the running neck and neck. With the presidential primary period. Seventeen NPP politicians candidates locked in a tight race, domestic and had competed for the chance to be the party’s

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presidential candidate, shelving their official under the incumbent president, Kufuor. John duties and spending heavily on gifts for Atta Mills, vice president under Rawlings and constituents. Newspaper editorials and letters the NDC standard-bearer in the 2000 and to the editor expressed concern. The record 2004 elections, returned as the NDC did not augur well for the campaign itself. candidate. The prospect of victory by either With Kenya and Zimbabwe as vivid side raised serious concerns. An NPP win warnings of the perils of closely contested would give the impression that the incumbent elections, the Electoral Commission, civil party had entrenched itself and a “winner take society groups, non-governmental organizations all” system prevailed. The NDC, out of office and the international community took action for eight years, might not have been willing to to guarantee the fairness and peacefulness of tolerate another term in the opposition. But the elections. The Electoral Commission an NDC victory meant that the incumbent placed enormous emphasis on transparency, NPP would have to give up office, with a seeking to minimize the potential for challenge probable loss of jobs for its supporters. wherever possible. An important non- In the first round, neither presidential governmental group, the Coalition of Domestic candidate won a majority, ensuring a run-off, Election Observers (CODEO), conducted a while parliamentary elections delivered 115 parallel vote survey by tallying the vote in out of 230 seats to the NDC and 107 to the 1,000 polling stations across the country to NPP. Seven seats went mostly to independent check the Electoral Commission’s stated candidates, with the People’s National results. Convention winning two and the Convention Attention also focused on parties and the People’s Party picking up one. One seat public. Because party leaders and activists remained unfilled amid concerns about had often been behind violence that had irregularities. disrupted elections in other countries, the Although it gained only one seat in Electoral Commission created channels for Parliament, the Convention People’s Party—a interparty dialogue, established a code of socialist party once led by the country’s first conduct that was signed by the major parties, president, Kwame Nkrumah—picked up and created a National Peace Council to help enough of the presidential vote in the first mediate disputes. Voter education also had a round to prevent either major party from high priority. Although the country endured gaining an outright majority. some tense moments during the campaign The political parties began to use some of period, the elections concluded without the tactics that had precipitated large-scale disruption and peace prevailed in the period violence in other African countries, including after results were announced. ethnic appeals, fear mongering and payoffs to voters. Gyimah-Boadi noted that “members of THE CHALLENGE ‘keep-fit clubs’ acted in essence as vigilantes for The 2008 elections were a first for Ghana their preferred parties and candidates and in several respects. The NDC and NPP had sparked violent pre-election clashes in several each experienced eight years in power and places, including Accra, the country’s capital. eight years in the opposition. Unlike the During the run-up to the second round, the previous three contests, neither the president threats escalated.” Both parties deployed nor vice president was running for office. The these clubs, and a number of disturbances NPP candidate was Nana Akufo-Addo, who were attributed to them throughout the was attorney general and then foreign minister process.

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Although Ghana did not suffer the kinds FRAMING A RESPONSE of ethnic rivalries that had been implicated in At the center of the effort to respond to violence in Kenya, the perceived risk of discord this challenge, though not directly involved in was strong enough that the country had all initiatives, was the Electoral Commission incorporated limits on factional parties into the under the leadership of Kwadwo Afari-Gyan, a 1992 constitution. The constitution required man who was widely respected for his that political parties “not be based on ethnic, impartiality and probity. Afari-Gyan had been religious, regional or other sectional divisions” a prominent professor at the University of and that parties have national rather than Ghana. After helping to draft the 1992 regionally concentrated organizations.1 constitution and serving as deputy chairman of Partisan alignments did not match ethnicity the Interim National Electoral Commission in and ethnic boundaries perfectly, but the the 1992 elections, in 1993 he became the NDC’s base of support was especially strong in Fourth Republic’s first chairman of the Ewe-dominated communities and the Electoral Commission, overseeing four country’s Volta region, while the NPP pulled subsequent elections in which he and the many votes from the Akan-dominated regions Electoral Commission built a reputation as of the west and central part of the country. honest brokers. Although various political The Ewe and Akan ethnic groups sometimes parties attempted to impugn the lived inter-mixed, but the lines of division had independence of the Electoral Commission at become more pronounced during the Rawlings one time or another, their efforts appeared to years, at least in electoral periods. Ransford gain little traction among the public. An Van Gyampo of the University of Ghana Afrobarometer survey conducted in 2008 echoed the views of others when he observed found that 70% of the public expressed that the use of ethnic appeals in politics, confidence in the organization.2 though not as common as in other countries, In addition to the reputation of its “was gradually rearing its ugly head.” Van chairman, the Electoral Commission had Gyampo questioned whether Ghana’s political benefited since 1992 from formidable legal party code of conduct, which had no statutory guarantees of its independence. Afari-Gyan backing, was strong enough to head off described how, according to the 1992 potential trouble. Constitution, “certain positions on the Although all of Ghana’s political actors commission must be permanent, in the sense paid lip service to the need for peace and the that once you assume the position you carry on primacy of the ballot box, Kwame Ninsin, until you reach retirement age… . As a result scholar in residence at Ghana’s Institute for we are not subject to summary dismissal.” In Democratic Governance (IDEG), observed addition to guaranteeing tenure, the that fears the country would go the way of constitution also shielded the Electoral Kenya and Nigeria were “quite significant, Commission from “direction or control of any because the stakes were really, really high. … person or authority.” Political office carries a lot of privileges.” The Electoral Commission also enjoyed There was overwhelming agreement on the relative independence in its staffing and part of Ghana’s Electoral Commission and funding. In 2008, the commission had 10 non-governmental organizations that in order regional offices and 148 district offices, with a to build acceptance of the results, they would total work force of more than 1,000. Afari- need to make an extraordinary effort to ensure Gyan described how, rather than being forced that the process was beyond reproach. to appropriate staff from other departments on

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an ad hoc basis, the Electoral Commission had political parties. According to Afari-Gyan, the “power in law to hire [its] own personnel “after the elections we started collaborating with the collaboration of the Public Service very closely with the political parties towards Commission … which would determine the creating a more congenial environment for the staffing levels and things like that. So if we conduct of elections. That eventually led to wanted to hire electoral officers … once we the formation of what we call the IPAC, the were able to justify the need, then they said Inter-Party Advisory Committee. Initially the OK.” The Electoral Commission did depend idea was that we would meet once every on the central government for appropriations, month whether there were elections or not and and according to Director of Operations Albert discuss issues relating to elections. It proved Kofi Arhin, “There have been cases where to be a very useful organ.” The committee government has been late in releasing gave smaller parties with little or no funding.” Still, Afari-Gyan pointed out that representation in Parliament a chance to voice the Electoral Commission enjoyed an views and concerns. According to a 2007 independent budget, so that “once Parliament report by AfriMAP, the Open Society has approved the budget, then technically it Institute for West Africa, and Ghana’s IDEG, means that we had the right to use that the committee had “become the most budget to do our work to such an extent that if important mechanism for managing distrust we had to discharge some constitutional among political parties.” obligation and the government said there was The Electoral Commission also relied on no money, we could take the government to civic groups as partners. It worked closely court and force the government to provide that with three Ghanaian think tanks: the Institute money.” of Economic Affairs (IEA), the Center for Not only did the Electoral Commission Democratic Development (CDD) and the receive protection from presidential and IDEG, all established non-governmental parliamentary interference in the execution of organizations that could engage the help of its duties, it also had substantial legislative network of contacts in the NGO community. power to regulate the conduct of elections. All three took responsibility for aspects of The commission was empowered by the public education and election monitoring. constitution and the Electoral Commission The CDD had launched the Coalition of Act of 1993 to “make regulations for the Domestic Election Observers (CODEO) in effective performance of its functions under 2000 and had continued to host the [the constitution, the 1993 law] or any other organization in its offices. CODEO operated law.”3 Subject to annulment only by a two- as an umbrella for 34 civil-society thirds parliamentary majority and judicial organizations that helped to train and deploy review, the commission had exclusive power to thousands of election observers (4,000 in determine and regulate the conduct of 2008). The CDD assumed responsibility for elections. raising the money for election observation and The Electoral Commission worked closely coordinated the efforts. with the Inter-Party Advisory Committee, Also included in the rich mix of groups which it created in 1994 in response to the responsible for managing the election was the boycott that marred the country’s first year-old National Peace Council and its multiparty elections two years earlier. The network of regional and district peace advisory Electoral Commission had decided that it councils. The government weighed a proposal should encourage a spirit of cooperation among to constitute these councils earlier in the

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decade and took the first steps in cooperation introduced additional measures as tensions with the United Nations Development rose. Afari-Gyan and his colleagues recognized Programme. A 2002 resolution of African that the circumstances of 2008 required the leaders at the Durban Conference on Security, electoral process to be completely trustworthy. Stability, Security, Development and Given the tense environment and recognizing Cooperation in Africa gave energy to the idea. that misunderstanding and suspicion ran high, In a 2006 concept paper, Ghana’s then- credibility had to be the first priority. The minister of interior, Albert Kan-Dapaah, “overall challenge,” said Afari-Gyan, was “how wrote, “Ghana is perceived as a stable country do you achieve credibly trustworthy elections?” in a very volatile region. To sustain our In order to inspire confidence in the results, stability, we must demonstrate that we have the Electoral Commission was deeply learned some important lessons from the concerned with transparency, a concept it had experiences of our neighbours. While we are implemented literally in earlier elections with stable, there are myriads of conflicts, many of the use of transparent ballot boxes. them violent that threaten our democracy. Our responses to these conflicts have at best Voter registration been reactive.” The most trying part of the electoral The peace councils were designed to help process occurred months before the balloting, monitor conflicts, promote tolerance, help as the Electoral Commission struggled to mediate and build confidence, and enhance update the voter rolls. Crabbe, the former the capacity of chiefs, women, youth groups, Supreme Court justice and co-chairman of community organizations and others to help CODEO, described the process as “the biggest build and maintain peace. When the National challenge” those involved in the election faced. Peace Council and its network began to get off The initial registration period was short—just the ground in 2007, it drew on the talents of 10 days. Later, people were given a chance to religious leaders, traditional authorities, transfer registration if they had moved. At professors, and respected politicians, including both stages, logistical problems in some representatives of the political parties. At the locations, coupled with misunderstandings and time of the election, the body still lacked efforts to manipulate the process for political statutory backing, and its structure of district advantage, deepened tensions. and regional advisory councils was only partly The challenges in trying to verify in place. eligibility to vote were legion. Confirming ages The effective interplay of these various and citizenship could be extremely difficult initiatives required smooth communication because many people lacked birth certificates. between the NGOs, the parties and the “This is not the kind of setting where many government. The groups most essential to this people carry documents,” Afari-Gyan said. “So effort were the Inter-Party Advisory in the past we did not demand birth Committee, the Electoral Commission and the certificates. People said what about passports? CDD. The commission and the CDD were How many Ghanaians have passports? We especially active in reaching out to other even considered baptismal certificates. What internal and external groups and organizations. if you're not a Christian? OK, health card— what if the person has never been to a GETTING DOWN TO WORK hospital? Maybe in the future we can ask for The Electoral Commission and NGOs documentary proof of people’s ages, but as of took early steps to prevent violence and later now it becomes a bit arbitrary. If you don’t

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take care, you will disenfranchise a lot of line for registration sometimes thought they people.” were applying for identity cards rather than Because the lack of documentation meant registering to vote. that the voter register would err on the side of During the registration process in the inclusion, the Electoral Commission pursued north, observers grew concerned that political two avenues to review the lists. First, it parties had urged youth still below the legal invited the parties to send monitors and asked voting age to register and had paid people who the monitors to sign the daily accounting forms weren’t Ghanaian citizens to apply. The that reflected the numbers of people who police made several arrests of people alleged to registered. “In fact, any political party that have directed some of these activities. There cared to do so could send a representative to was widespread agreement that the rolls the the registration center, stay there on a drive produced were inflated, and in the continuing basis for the entire period, and take follow-up period as the Electoral Commission down daily the numbers of people who have reviewed documents submitted, 349,000 come to be registered,” explained Afari-Gyan. names were eliminated. “We have what we call a daily accounting Afari-Gyan was philosophical: “The form. The registration officer will sign that borders divide people of the same stock. … ‘today so many people registered.’ It will be When there is no physical presence of, say, the countersigned by the agents at the end of the immigration authority and so on, they really exercise. So they are there when we are doing don’t recognize they have borders and so on. the voters’ register.” In theory, this procedure So some of them genuinely do not think they would build trust that the rolls were reliable, are doing the wrong thing.” At the same time, making it more difficult later for parties to he acknowledged the role of political parties in allege that the voter lists were inflated. aggravating the problem. A CODEO report The next step was to allow community expressed additional concern that there was members to vet the rolls, pointing out the too much interference by party agents in names of people who were not citizens. Afari- reviewing documents and completing Gyan described the process: “Then we paperwork at several sites. European Union display, of course. When we’ve collected the observers concurred. information, we display the information The flaws in the process sharpened publicly for about 10 days, and everybody can tensions, working against the commission’s go and examine the register and can object and overall goal of reducing divisiveness. Although say, ‘No, this lady is named there, this lady is the parties strongly criticized the process, not a Ghanaian’. Then finally the court will however, they accepted the register and allowed have to decide on those issues before we print the election to move forward. the final register.” Other problems developed. The 10-day Moderating campaign behavior registration period was insufficient to manage Limiting intimidation and violence on the the process effectively. Eager to register, campaign trail was another priority. Achieving applicants sometimes lined up at midnight to this objective required more than adherence to wait for the offices to open. Forms and fair and transparent rules. In Kenya’s 2007 photographic equipment were occasionally election, the knives were sharpened long before unavailable when needed, breeding frustration election day. Realizing the potential for and suspicion. Civic education in the run-up violence posed by inflammatory political to the process was inadequate, and people in rhetoric and restive youth gangs, Afari-Gyan

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and civic leaders sought ways to limit reprimands, and the people who served on the provocation and induce restraint. enforcement bodies had almost no public A party code of conduct was a profile and were thus unable to make up for conventional approach to this problem, and their lack of formal power with moral Ghana already had a code in place. The authority. Electoral Commission drafted Ghana’s first The IEA worked to publicize the code Political Parties’ Code of Conduct, which was and build a general public norm for acceptable signed by all parties, prior to the 2000 behavior. It received help from the National elections. The code called on parties to Commission for Civic Education, a cooperate with election workers and observers constitutionally mandated agency separate to ensure fair elections, discourage their from the Electoral Commission. Van Gyampo partisans from electoral violations such as recalled, “We … [explained to] the electorate multiple voting, and work to eliminate violence that this is the document that your own people and intimidation. Although the 2000 have signed and pledged to go by, to make sure elections were seen as a success and a that the election is incident-free.” The IEA milestone for Ghana, “the 2000 code,” also sought to enforce compliance by sending according to Van Gyampo of the University of delegations of IEA members to speak with Ghana, “was seen as deficient on the grounds politicians who appeared to violate terms of that it had no enforcement mechanism and the code. In some areas where tensions was also limited to the conduct of political between the two parties were running high, parties only on Election Day.” the IEA orchestrated events at which local The Institute for Economic Affairs, an party leaders would re-sign and re-commit NGO comprising influential and respected themselves to the code of conduct. Ghanaians, had worked with the Electoral As it became clear that the campaign Commission and the parties to revise the code would be hard-fought and the vote would be for the 2004 elections, but as 2008 extremely close, it also became clear that the approached, the continuing need for an Political Parties’ Code of Conduct would not enforcement mechanism attracted more eliminate the temptation to seize an electoral attention. The IEA called together the advantage by whatever means necessary. political parties to update the code, this time adding regulations to limit abuse of Voter outreach and education incumbency and providing for national and Voter education went beyond the regional enforcement bodies. The revised code mechanics of how to cast a ballot. It bound the parties to non-inflammatory emphasized the need to reduce violence and behavior, banned defamation and “provocative, focused the candidates’ attention on practical derogatory and insulting attacks,” and issues voters cared about. The Electoral established regional boards with the power to Commission and the National Commission for reprimand violators publicly. Civic Education were heavily involved in Observers worried that the measures were educating voters about the basics of how to still insufficient, however. The enforcement register, find a polling place and vote. In bodies had no statutory authority. Van consultation with the Electoral Commission, Gyampo predicted that the code would prove Ghana’s main think tanks and several civic impotent, because the enforcement bodies had groups helped extend these efforts. no formal legal powers, merely being able to The Center for Democratic Development invite political party representatives to receive launched a series of education programs in

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slums and areas that were identified as high- December elections, one in late October in risk, with extreme poverty, high Accra and another in mid-November in unemployment and large youth populations. Tamale, a major secondary town. The vice- They aimed these programs at disaffected presidential candidates debated in late young people, who were frequently recruited November in Cape Coast. by local leaders to disrupt the rallies of the The IEA sought commitments from the opposing party and harass observers and party candidates and then published a list of workers. During these programs, the CDD participants in the media in order to lock the staff warned communities about of the dangers parties into their agreements. The IEA then of ethnic violence. They illustrated their wrote to civil society organizations and placed admonitions with footage of the Rwandan advertisements in newspapers to solicit genocide as an example of the type of violence questions. Prior to the oral debates, caused by sectarianism. They also talked with questionnaires were sent to the candidates residents, asking for people’s own perceptions asking them to explain their policy positions. of the actions or practices that might trigger A nine-member committee, composed mainly conflict. of prominent members of civil society, selected At the same time, the Institute for the questions for candidate questionnaires and Democratic Governance ran education the debates, and determined a number of programs of its own, hosting public forums other organizational details (debate times and entitled “Disputed Elections and their locations, moderators, format, etc.).4 The IEA Consequences in Kenya and Nigeria: Lessons then provided the candidates’ responses to the for Ghana.” The four events took place in press, which published them. In the days Accra but were broadcast throughout the before the debates, the IEA conducted country by a major radio station that had rehearsals with representatives of the political helped set up the discussions. The forums parties to smooth out any problems and ensure hosted speakers such as Election Commission everyone understood the rules. Chairman Afari-Gyan, Chief Justice Georgina The people who designed the presidential Wood of Ghana’s Supreme Court, leaders of debate format aimed to focus candidates on the national police, and visitors from Nigeria policies rather than personalities. University- and Kenya. The speakers warned about based adviser Van Gyampo said, “Hitherto, practices in the pre-election period that boded politics had been based on personality attacks, ill, including the “keep-fit clubs” and the insults. Now this debate provided a platform formation of ethnically aligned student groups that forced the presidential aspirants to engage on campuses. The visitors shared their the electorate in dialogue over issues.” experiences in Nigeria and Kenya. The first debate, moderated by professor The IEA also sponsored nationally Kwame Karikari of the University of Ghana televised debates among the presidential and School of Communications Studies and vice-presidential candidates of the four parties journalist Cyril Acolatse, had a simple format. with parliamentary representation: the ruling A question was put to all four respondents, New Patriotic Party, the National Democratic each of whom (in random order) was given two Congress, and the much smaller Convention minutes to respond. After criticism of the People’s Party and People’s National format in the first debate, the second debate, Convention. The debates were the first in moderated by professor Ivan Addae Mensah, which all major candidates participated. Two former vice chancellor of the University of presidential debates were held prior to the Ghana, and radio reporter Israel Laryea, gave

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the candidates more time to respond and various scenarios in which unrest or serious interact with one another. The debates were election violations might occur. Mock election broadcast live on multiple television and radio exercises involving Electoral Commission staff stations. The IEA also helped translate and security personnel took place in selected summaries into various local languages used in constituencies in mid-November to test Ghana, for broadcast the following day on preparedness. Throughout the period, security radio and television. The vice-presidential personnel worked with other groups to watch debates, though lower profile, were also for early warning signs of violence and take broadcast live on state television and carried steps to address potential flash points. The elsewhere. task force also sought to work with the media and sponsored radio and television ads that Policing encouraged citizens to wait at home for Despite the effort made to ensure that the election results, aiming to avoid problems that parties and the populace would behave well could result from large groups of people in the during the vote, the risk of violence remained. streets. The Electoral Commission worked with a Despite the coordination efforts, security special National Election Security Task Force suffered lapses, and the participants did not to plan how to police the campaign period and always agree with some of the policies adopted. the election itself. Ghana’s Inspector General For example, the task force allowed security of Police convened leaders of the police, personnel to carry firearms at election events, military, customs and immigration to work although some of the domestic and together on security. Although the police international observers worried that carrying service took the lead in the task force, it was weapons would intimidate voters. assisted by the armed forces, National Security, the Bureau of National Election Day procedures Investigations, the Fire Service, the Electoral Commission Chairman Afari- Immigration Service, and the Customs, Excise Gyan was convinced that transparency would and Preventive Service. Patrick Timbillah, help build party confidence in results and director general in charge of operations for the damp violence. As a result, the commission national police, supervised coordination with decided that on Election Day, instead of the Electoral Commission. The task force met transporting all ballots to a central point for regularly with the political parties and counting, tabulation would take place at each traditional and religious leaders through the of the country’s 22,000 polling centers. consultative groups the Electoral Commission Representatives of the main political parties, and civic groups had established. It organized domestic observers organized by CODEO and regional task forces in September, to help international monitors would keep a watchful coordinate security at the local level. eye on the process. The party representatives, The security task force joined with the along with local poll workers, would certify the Electoral Commission to examine patterns of results before they were sent to the central violence in previous elections as well as more election headquarters, where other party recent outbreaks of trouble. After identifying agents would observe the tallying of the final several hundred likely hotspots, the task force results. drew up national, regional and district-level The revised party code of conduct set out plans as part of a comprehensive security clear procedures for handling disputes at strategy. It developed contingency plans for polling places. Any complaint about the

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process at the polling station would go first to be useful in checking irregularities caused by the party agent, who would then turn it over any effort to interfere with the central count in to the presiding officer for resolution. If the Accra. The SMS system had other uses, too. person bringing the complaint felt the On Election Day, observers could send reports presiding officer did not address the concern, back to CODEO’s central headquarters with then he or she could take the matter to court short codes corresponding to various situations, later. The aim of the provision was to reduce giving CODEO a real-time picture of any the rancor that had sometimes flared at polling challenges or irregularities that cropped up.5 places in the past, when crowds had besieged The Electoral Commission cooperated the poll workers with challenges, distracting with CODEO in the project. CODEO’s them from their work, or fought with other Crabbe noted, “Somebody from CODEO was voters. in the control room at the Electoral As in past elections, the commission used Commission all the time, so we knew what was transparent ballot boxes. Early in his tenure, going on there.” Afari-Gyan had noted that people suspected ballot boxes arrived “already stuffed with OVERCOMING OBSTACLES papers.” The poll workers opened the box to As the process moved forward, the show people that nothing was inside, but that Electoral Commission and its allies sought to step did not seem to reduce concern. As a reduce tensions. Concern about manipulation result, with the agreement of the parties, the of the voter rolls by the political parties Electoral Commission had switched to continued to fuel suspicion and anger. In late transparent ballot boxes. October and early November, when the The commission also agreed to allow Electoral Commission gave people a brief CODEO to conduct parallel vote tabulation at opportunity to transfer registration if they had some of the polling places. With technical moved, there were again signs of party support from the National Democratic interference. The demand for transfers was Institute (NDI) and funding from the U.S. quite high, especially in areas where the two Agency for International Development, main political parties fought close races. CODEO chose 1,070 of Ghana’s 22,000 Throughout the period, the commission polling stations, distributed evenly across the continued to review and amend the voter rolls 10 regions and within regions across in response to concerns, but it lacked time to constituencies, to create a representative display final registers for comment. sample of the national vote for the presidential The security task force also had to make election. (With an average of only five polling continual readjustments and plan new stations selected in each constituency, the strategies. As many Ghanaians had predicted, parallel vote procedure could not be used to violence simmered in several areas, especially check parliamentary results). At each polling the north and the Volta area. Occasionally station, one of the 4,000 observers CODEO disputes threatened to boil over and deployed reported the results and, using a undermine fairness. A CODEO official Short Message Service (SMS)-based system recalled that when the CDD’s Gyimah-Boadi set up with assistance from the NDI, rapidly went to Volta, “they wouldn’t allow him to go and efficiently updated CODEO’s central tally to the polling stations.” People thought he of the vote. The effort generated a sample of came from outside the area, and the encounter roughly 420,000 votes from across Ghana, and threatened to grow violent. “Then someone an estimate of the results. The estimate would passed by and said something to Boadi in the

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local language, and Boadi replied in the same ASSESSING RESULTS language,” the official said. “Still he couldn’t The announcement of the election results approach the polling station.” The police brought no relief from the worries about asked him to the police station or to leave the possible violence. The Electoral Commission area. released the final count just before the When Election Day arrived on 7 constitutional deadline. In a race contested by December, security was tightened eight parties, 69% of eligible voters cast significantly, although there was not enough ballots. Neither the NPP candidate nor the manpower to maintain a permanent presence NDC candidate garnered the 50% majority at each of the 22,000 polling stations. required. In tense circumstances, the Election CODEO reported that about a third of the Commission scheduled a run-off for 28 polling places lacked a police presence on December in all but one constituency, where Election Day. voting would take place in early January. The civic groups monitoring the election Tensions immediately escalated. also worried about the tenor of media coverage. Gyimah-Boadi, director of the Center for CODEO co-chairman Crabbe noted that the Democratic Development, suggested that with important newspapers and media outlets were so much at stake in the presidential run-off, committed to fair play, and their stance helped the “two contestants considerably revised their damp divisiveness. However, there were campaign strategies for the second round of exceptions, especially in the privately-owned voting. Both the NDC and the NPP resorted press. The country’s Media Commission to negative and non-issue-based campaigning.” issued election-reporting guidance in advance Political parties rented halls for press of the campaign period. It also used its limited conferences. As they did so, crowds gathered powers to investigate accusations of false or and sometimes threatened to become unbalanced reporting and demand that aggressive. Rhetoric escalated. One broadcast newspapers print apologies if found guilty. station aired accusations that the Electoral The Media Commission had pursued Commission had rigged the vote. Many in similar action against FM radio stations that Ghana worried that clashes might take place had broadcast inflammatory and false reports between crowds of party activists gathered in the 2004 election. However, it had limited outside the commission’s offices during the ability to enforce its decisions. two-day tabulation of the presidential run-off The Electoral Commission convened the votes, or leading up to the by-election in the Inter-Party Advisory Committee to help single constituency several days later. resolve problems, although some observers felt Election administrators and civic groups it could have done so more often. The shifted into overdrive, fearing that tensions commission also enlisted other organizations to might escalate. The Electoral Commission help reassure the parties and voters about the quickly replaced poll officers who had not fairness of the process. Occasionally it reached followed proper procedures. They briefed out to international groups to find solutions or officers on the procedures and forms required to serve as intermediaries between groups. For for the run-off. They offered to expand example, a delegation from the Carter Center facilities but dropped the idea after opposition visited after the registration difficulties from the political parties. The security task surfaced and made recommendations to force added 1,000 more police to polling places overcome some of the problems that had and deployed soldiers at strategic locations emerged. around the capital.

© 2010, Trustees of Princeton University 12 Terms of use and citation format appear at the end of this document and at http://www.princeton.edu/successfulsocieties. Lucas Issacharoff Innovations for Successful Societies

The announcement of results from the elections, and in nearly all of the country a run-off vote was delayed until after the 2 peaceful environment was maintained.” January special vote in the constituency where Violence did break out at a few dozen polling logistical problems had arisen. In the interim, stations and in some other settings, and the leaders of the incumbent party, the NPP, election observers reported that police went to the Accra Fast Track High Court to sometimes declined to arrest and prosecute prevent the release of any results pending an members of the get-fit clubs or other partisan investigation of alleged violations in the Volta youth groups that were often the source of region. After the court denied the motion, the trouble. But while the election was not party filed again to block announcement of problem-free, the foresight and cooperation of results on other grounds. Public figures spoke the Electoral Commission, the political out against these efforts, urging NPP leaders to parties, the security task force and civic groups follow prescribed procedure and bring had prevented Ghana from following the path complaints to the Electoral Commission after of Kenya, Zimbabwe and other countries. the election. According to reports from the Coalition of When the commission released the run-off Domestic Election Observers, nearly all tallies results, NDC candidate John Atta Mills from polling stations (94% in the first round, emerged as the winner, with 50.23% of the 95% in the presidential run-off) received the vote. However, a peaceful conclusion signature of both party agents. And party remained uncertain because the commission agents asked for recounts at only a small had rejected 2.5% of the ballots—more than percentage of polling stations (5% in the first the margin of victory—on the grounds that round, 8% in the presidential run-off), irregularities made them impossible to count. indicating a high degree of consensus and In 2004, the Electoral Commission had cooperation. Because parties signed their rejected a similar number of ballots, but it had acceptance of the results at every stage, it expected a reduction in spoiled papers as a would have been extremely difficult to result of civic education campaigns designed to challenge the overall result. address past problems. The narrowness of The results of the parallel vote tabulation Mills’ victory margin made the rejected ballots were nearly identical to the official tally. In a potential source of conflict. The question in the first round, the tally was within 1% of the many minds was whether the NPP would official results, while in the presidential run-off accept the result and step down. the tally deviated by only .06% for each President Kufuor helped to defuse the candidate. According to Vincent Crabbe, co- situation when he urged parties to accept the chairman of CODEO at the time, this outcome and to send any complaints to the “contribution in validating the process was of courts after his successor was sworn in. The fundamental importance,” as it made the election ended peacefully. results more secure against challenge. Although it was just getting off the REFLECTIONS ground as the election approached, the new Looking back on the process, observers Peace Council played a significant role in agreed that the electoral process had containing violence. The council and its succeeded and provided a model for others to regional advisory groups were especially study. The European Union’s observation effective during the two weeks between the report declared, “There were relatively few general election and the run-off vote, when incidents of violence during both rounds of tensions ran high. Kwame Ninsin of the

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Institute for Democratic Governance shared Gyan’s] strategy appears to have been to call the view of international observers like the the bluff of the NPP by accepting the Carter Center that, “when the Peace Council questionable results from Ashanti [an NPP- intervened … [the political elites] listened.” dominated area] and then pointing out that Although the incorporation of religious leaders these were not enough to overturn the majority in the group was important, CODEO’s that had been chalked up by Mills. When the Crabbe pointed out that the traditional leaders NPP insisted that the Tain constituency, were particularly effective, given their where there had been no voting, could still longstanding legitimacy: “President, prime affect the outcome, he again called the party’s minister, government—it is something which bluff and agreed not to declare the result until we have, as it were, ‘received,’ but we also the election had been re-run there.” Had the have our indigenous systems, and to a very election results favored the NPP—a matter of great extent they still work.” only 41,000 votes—there was little that the In his position as head of the Electoral Electoral Commission could have done, short Commission, Kwadwo Afari-Gyan showed of re-running polling in every district for which acumen that helped as well, particularly both parties did not validate the results. toward the end of the run-off. In the Because the many different steps strongholds of the parties, especially those of Ghanaians almost certainly had a joint effect the ruling New Patriotic Party, there were in producing a generally peaceful election, the incidents in which party agents and third- impact of any single strategy is difficult to party observers were barred from overseeing measure. The level of restraint may have had balloting. Voter turnouts in some of the NPP- roots in the character the presidential dominated areas were implausibly high, in the candidates and the former presidents from view of some observers. As a result, the each party displayed in accepting the results reported margin of victory probably and in urging calm. In addition, the understated the NDC’s success. A report by underlying level of conflict in Ghanaian society the German Institute for Global and Area was lower than it was in countries like Kenya Studies pointed out how Afari-Gyan engaged at the time. Still, the multifaceted Ghana in tough tactics with the NPP, noting that, “at story remains instructive for other countries the height of the disputed run-off, [Afari- with new multi-party systems.

1 Constitution of the Republic of Ghana (1992), article 55 clause (4) and clause (7) section (b). 2 Afrobarometer Survey, Ghana March 2008, available at http://afrobarometer.org/index.html 3 Constitution of the Republic of Ghana (1992), article 51. 4 The members included Ransford Tetteh (President of the Ghana Journalist Association), Odeneho Gyapong Ababio II (President of the National House of Chiefs), H.E. Cardinal Peter Appiah Turkson (Archbishop of Cape Coast), Doris Archampong (Greater Regional Director of the National Commission for Civic Education), Maulvi Wahab Adam (Ameer and Missionary In-Charge of the Ahmadiyya Muslim Mission), Yaw Baah (Deputy Secretary-General of the Ghana Trades Union Congress), Jean Mensa (Administrator of the IEA), Brigadier Gen. Francis Agyemfra, and Akuamoah Boateng (Chairman of the Political Broadcast Monitoring and Complaints Committee). 5 Operational details of the Parallel Vote Tabulation are based on CODEO’s post-election report, and details of the SMS system in particular are based on a paper by Nathaniel Myers, M.P.A. candidate at the Woodrow Wilson School, title “Text-Messaging for Election Monitoring: Lessons from Ghana and Elsewhere.”

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