Sierra Leone
EISA International election Observer Mission Report sierra leone
PRESIDENTIAL, PARLIAMENTARY AND LOCAL ELECTIONS 2018
EISA international Election observer Mission Report no 65 14 Park Rd, Richmond Johannesburg 2092, South Africa P O Box 740 Auckland Park 2006 Johannesburg South Africa Tel: 27 11 381 6000-7 Fax: 27 11 482 6163 Email: [email protected] www.eisa.org
This project was supported by Sweden
ISBN 978-1-920446-78-9
9 781920 446789 EISA INTERNATIONAL Election Observer Mission Report No 65 i
EISA International ELECTION OBSERVER MISSION REPORT
Sierra Leone
PRESIDENTIAL, PARLIAMENTARY AND LOCAL ELECTIONS 2018 ii EISA INTERNATIONAL Election Observer Mission Report No 65
Published by EISA 14 Park Rd, Richmond Johannesburg South Africa
P O Box 740 Auckland Park 2006 South Africa Tel: 27 11 381 6000 Fax: 27 11 482 6163 Email: [email protected] www.eisa.org
ISBN: 978-1-920446-86-4
© EISA 2020
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of EISA.
First published 2020
EISA strives for excellence in the promotion of credible elections, participatory democracy, human rights culture, and the strengthening of governance institutions for the consolidation of democracy in Africa.
EISA Observer Mission Report, No. 65 EISA INTERNATIONAL Election Observer Mission Report No 65 iii
contents
Acronyms and Abbreviations...... v Acknowledgements...... vi Executive Summary...... vii EISA’s Approach to Election Observation...... x
1. Historical and Political Overview...... 1 1.1 Historical Background...... 1 1.2 Political Overview...... 4
2. Legal and Institutional Framework...... 12 2.1 The Constitution...... 17 2.2 The Electoral System...... 17 2.3 Election Management...... 19 2.4 Party and Campaign Finance...... 21 2.5 EOM Assessment of Legal Framework...... 22
3. The Pre-Election Phase...... 24 3.1 Delimitation of Constituencies...... 24 3.2 Voter Registration...... 26 3.3 Political Parties and Nomination of Candidates...... 30 3.4 Civic and Voter Education...... 34 3.5 Election Campaigns...... 34 3.6 Role of Civil Society...... 36 3.7 Preparedness of The NEC...... 38
4. Election Phase and Post-Election Phase...... 41 4.1 Polling Day (7 March 2018)...... 41 4.2 Developments Between 7 March 2018 And 31 March 2018...... 46 4.3 Polling Day 31 March 2018...... 54 4.4 The Post-Election Phase...... 57
Cross-Cutting Issues...... 63 5.1 Participation and Representation of Women, Persons with Disabilities, and Youth...... 63 5.2 Security ...... 68 5.3 The Media ...... 70
6. Conclusion and Recommendations...... 73 6.1 Conclusion...... 74 6.2 Recommendations...... 74 iv EISA INTERNATIONAL Election Observer Mission Report No 65
Annexures...... 79 Annexure A: EOM first Round Group Photo...... 79 TAM Group photo...... 79 Annexure B: EOM Deployment Plan...... 80 Annexure C: EOM Deployment Map...... 82 Annexure D: Observer Briefing and Orientation Programme...... 83 Annexure E: EISA Technical Assessment Mission Schedule...... 85 Annexure F: Preliminary Statement...... 88 About EISA: ...... 103 EISA INTERNATIONAL Election Observer Mission Report No 65 v
ACRONYMS and Abbreviations
ADP Alliance Democratic Party APC All People’s Congress CCYA Center for Coordination of Youth Activities CDP Citizens Democratic Party CGG Campaign for Good Governance CRC Constitutional Review Commission C4C Coalition for Change DYCs District Youth Councils ECOWAS Economic Community of West African States FPTP First-Past-the Post IESPC Integrated Elections Security Planning Committee IGR Inter-Governance Reforms IMC Independent Media Commission IRIN Integrated Regional Information Networks MP Member of Parliament MRCG Media Reform Coordinating Group NAC National Advisory Council NAYCOM National Youth Commission NCRA National Civil Registration Authority NDA National Democratic Alliance NEC National Electoral Commission NECDiP NEC Disability Policy NEW National Elections Watch NGC National Grand Coalition NPD National Progressive Democrats NURP National Unity and Reconciliation Party ONS Office of National Security PLP Peace and Liberation Party PMDC Peoples Movement for Democratic Change PPA Political Parties Act, 2002. PPLC Political Party Liaison Committee PPRC Political Parties Registration Commission PVT Parallel Vote Tabulation PWD Persons with Disabilities ReiNIP Republic National Independence Party RUFP Revolutionary United Front Party SLAJ Sierra Leone Association of Journalists SLBC Sierra Leone Broadcasting Cooperation SLP Sierra Leone Police SLPP Sierra Leone People’s Party TRC Truth and Reconciliation Commission UDM United Democratic Movement UN United Nations UNIPSIL United Nations Peace Mission in Sierra Leone UNPP United National Peoples Party UP Unity Party WFD Westminster Foundation for Democracy vi EISA INTERNATIONAL Election Observer Mission Report No 65
ACKNOWLEDGEMENTS
The Electoral Institute for Sustainable Democracy in Africa (EISA) Election Observation Mission (IEOM) to the 2018 presidential, parliamentary and local provincial elections in Sierra Leone would not have been possible without the assistance and support of several individuals and institutions.
EISA expresses its appreciation to the mission leader, His Excellency, Dr Goodluck Jonathan, former president of the Republic of Nigeria, and his deputy, Mr. Denis Kadima, EISA’s executive director, for their leadership. EISA also acknowledges its observers for their commitment and hard work in the field.
EISA wishes to thank the stakeholders who provided invaluable information and support necessary for the success of the EISA IEOM. These include the National Electoral Commission (NEC), the political parties, the judiciary, civil society groups and independent experts.
EISA thanks the leadership of other international observer missions for their partnership and camaraderie.
Thanks to the Elections and Political Processes Department at the EISA head office for organising the EISA IEOM. Specific thanks to members of the core team that supported the mission.
The deployment of the EISA IEOM was made possible by the generous financial contribution of Sweden.
EISA INTERNATIONAL Election Observer Mission Report No 65 vii
EXECUTIVE SUMMARY
The Electoral Institute for Sustainable Democracy in Africa (EISA) observed both rounds of the 2018 elections in Sierra Leone. For the first round, EISA deployed an EOM consisting of 12 Short Term Observers (STOs) drawn from civil society organisations (CSOs) and election management bodies (EMBs) from 11 African countries. EISA observers were deployed to Bo, Freetown, Kenema, Makeni, and Port Loko. For the presidential runoff, EISA deployed a Technical Assessment Mission (TAM). The TAM focused on assessing key aspects of the process and the context of the runoff election such as the legal framework and the technical conduct of the election by the National Electoral Commission (NEC). The TAM’s coverage of election day was limited to polling stations in the Western Area Rural and Urban districts.
The 2018 multi-tier elections1 in Sierra Leone were the first to be conducted solely by the government of Sierra Leone following the closure of the United Nations Peace Mission in Sierra Leone (UNIPSIL), which had provided extensive operational support to previous elections. Two rounds of elections were held on 7 March and 31 2018, for the first round and presidential runoff elections respectively. The elections took place against a backdrop of slow economic growth impacted by two major disasters, the 2014-2016 Ebola crisis and the August 2017 mudslide. The elections saw an attempt to break the longstanding duopoly of the county’s traditional parties, the Sierra Leone Peoples Party (SLPP) and All Peoples Congress (APC), through the emergence of the National Grand Coalition (NGC) and Coalition for Change (C4C). These two parties were formed by dissidents from the two traditional parties. Following the enactment of the National Civil Registration Act in June 2016, registration of voters was for the first time in history conducted jointly by the National Civil Registration Authority (NCRA) and National Electoral Commission (NEC).
1 these were elections for the presidency, parliament and local government mayors/council chairpersons and councillors viii EISA INTERNATIONAL Election Observer Mission Report No 65
Summary of key findings
Pre-election period Several issues shaped the contest of the 2018 elections. These include the uncertainties around the election date, debate about the constitutional review process, sacking of the vice president, and a petition challenging the candidature of the NGC presidential candidate. These issues created uncertainties about the elections and threatened the electoral timelines while creating political tensions.
The pre-election period was largely peaceful with isolated incidences of violence which were generally well managed. During this period, electoral stakeholders, including political parties, expressed high confidence in the NEC as a credible election umpire. While the peace was largely sustained on 7 March, there was an attack by heavily armed policemen on the SLPP’s candidate’s Maada Bio’s office on the evening of election day. The situation de-escalated following intervention by high-level international dignitaries.
Challenges experienced in the pre-election period, including the petition against the nomination of the NGC presidential candidate on grounds of dual citizenship, brought to the fore inconsistencies and gaps in the legal framework governing elections in Sierra Leone. Other issues of concern which impacted on citizens’ right to participate included the high nomination fees, timelines for resignation by public officials intending to stand for office, vehicle ban on election day, lack of the right by presidential candidates to stand as independents, and lack of or tight timelines for the resolution of electoral complaints and disputes.
Post-election period The period leading up to the high-stakes runoff election was characterised by increased political intolerance by the members and supporters of the APC and SLPP, whose candidates were battling for the presidency in the runoff elections. Simmering tension between these parties culminated in a stalemate that threatened the holding of the runoff election and further aggregation of the results of the runoff election. The period also witnessed aggression and intimidation by security forces, especially during the runoff elections. In sharp contrast to the pre-election period, there were increased EISA INTERNATIONAL Election Observer Mission Report No 65 ix
attacks on the institutional credibility of the NEC by political parties and the police. Post-election petitions against MPs as well as the presidential election result were filed in the High Court and Supreme Court respectively. These challenges brought to the fore some gaps in the election dispute adjudication process as well as election administration.
Despite the prevailing situation in the pre- and post-election periods, the NEC did a commendable job and delivered on its election calendar. Generally, the 2018 elections in Sierra Leone were conducted in line with the national legal framework as well as sub-regional, continental and international standards for democratic elections. There is however room for improvement in the legal framework to further level the playing field. x EISA INTERNATIONAL Election Observer Mission Report No 65
EISA’s APPROACH TO ELECTION OBSERVATION
The assessment methodology of EISA Election Observer Mission’s (EOM) is guided by its commitments within the framework of the Declaration of Principles for International Election Observation. Its assessment of the electoral process is based on the principles and obligations for democratic elections stipulated in the following international benchmarks: the African Union Declaration on the Principles Governing Democratic Elections; the African Charter on Democracy, Elections and Governance (ACDEG); and the Principles for Election Management, Monitoring and Observation(PEMMO).
To ensure a systematic and comprehensive observation of the elections, EISA EOMs employ a methodology which entails: A Pre-election Assessment Mission (PAM) with the aim of assessing the political, legal and logistical conditions prior to the elections; deployment of an EOM which may comprise long term, short term or technical assessment mission; and recruitment of observers giving consideration to gender, language and lesson learning opportunities. Priority is therefore given to civil society organisations (CSOs) and election management bodies (EMBs).
Upon arrival, the mission releases an arrival press statement to announce the mission’s arrival and provide its contact details. Pre-deployment briefing and orientation sessions for the observers are then conducted to familiarise observers with the concept and methodology of the EISA EOM, their responsibilities as observers and to familiarise them with the context of the elections through stakeholder briefings. This is followed by deployment of observers in teams of at least two to regions and provinces. In this regard, the mission secretariat prepares a deployment plan with the following considerations: gender balance, geographical coverage of the mission, representation of nationalities in the teams, and language considerations. Observers are tasked with holding stakeholder consultations to familiarise themselves with their areas of deployment and the perceptions of stakeholders at the regional level. Stakeholders include the EMB, political parties and CSOs.
On election day observers observe the opening of polling, observe polling in at least 12 polling stations, observe counting at the polling station, and EISA INTERNATIONAL Election Observer Mission Report No 65 xi
tallying. An observer debriefing is held a day after election day based on their observations which inform the drafting of the preliminary statement. This is followed by a press conference at which the interim or preliminary statement is published and disseminated widely to electoral stakeholders and the media. If the EOM has deployed long-term observers, they observe the post-election period processes including results tabulation at district and national levels, declaration of results, complaints and appeals process.
Thereafter a full report is published and a team from EISA follows up on recommendations made with the relevant stakeholders. The types of follow- up include official presentation of reports, post-election reviews, fact-finding missions and electoral support programmes. In the years between elections, EISA visits the respective country to evaluate the lesson learning, which is a key output of the EOM. xii EISA INTERNATIONAL Election Observer Mission Report No 65
ATLANTIC OCEAN Historical and Political 1 Overview
1.1 Historical Background ▼ 1.2 Political Overview ▼ ▼
1.1 Historical background Sierra Leone attained independence from Britain on 27 April 1961 when it became a republic with an executive president. In the run-up to independence, deep ethnic divisions surfaced between the Krios and those referred to as ‘countrymen’, people occupying the inland protectorate. Krios, who occupied the western region of the country, were regarded as having a better relationship with the British because of their lifestyle and level of education which was higher than that of the ‘countrymen’. Thus, from the outset ethnicity and regionalism were challenges in the political context. The founding leader, Sir Milton Margai, died in 1964, and was controversially replaced by his brother, Albert Margai. Ethnic tensions rose during Albert Margai’s rule. His attempt to turn the country into a one-party state and the repression of the opposition further made his administration unpopular. It was no surprise then that the Sierra Leone People’s Party (SLPP) lost the 1967 elections to the All People’s Congress (APC) led by Siaka Stevens.
The period from 1967 to 1968 saw three military coups until Stevens’ administration was restored in 1968. Subsequent elections saw the APC emerge even stronger and more repressive. Poll violence in 1977 produced an APC-led parliament which oversaw the amendment of the constitution and a referendum that made Sierra Leone a one-party state in 1978. In 1991, a constitutional referendum endorsed the return to multi-party democracy. However, civil war broke out in the same year before implementation of the new constitution. The conflict pitted the government against a rebel
1 2 EISA Election Observer Mission Report No 65
Revolutionary United Front (RUF), which sought to overthrow the government of President Joseph Momoh. The RUF was supported in its endeavours by rebels from Liberia led by Charles Taylor. The conflict escalated around 1992, with the government in Freetown losing control of large areas of the country.
An estimated 70 000 people died in the civil war while 2.6 million were displaced. This triggered a serious refugee1 crisis for the region. The conflict saw grotesque human rights violations, including deliberate amputations, rape, sexual slavery, cannibalism, wanton killings and destruction of entire neighbourhoods. This created a high number of disabled persons, thrusting the issue of disability into the fore for any electoral cycle. Ethnicity, regionalism, and religion, were some of the factors that motivated the gross violations. Subsequent peace talks saw the entry of the RUF into formal politics. Its leader Foday Sankoh was however arrested in Nigeria in 1997. Armed conflict was to remain a feature of Sierra Leonean history until 2002 when the end of war was declared. The country also experienced military coups in 1967, 1968, 1992, 1996, and 1997. Ethnicity, regionalism, and cross- border political and military dynamics are factors that played a role in some of these military interventions into politics. The Economic Community of West African States (ECOWAS) intervention in 1998 reinstated the previously overthrown government of President Ahmad Tejan Kabbah. Relative peace was restored, and a semblance of normalcy was achieved. The RUF leader was turned over to the Sierra Leone authorities in 1998, who proceeded to charge him with treason. Upon conviction he was sentenced to death, touching off a resurgence of armed hostilities pitting his supporters against the government. A 1999 peace and power-sharing agreement halted the civil war. The civil war flared up again in 2000 when United Nations (UN) peacekeepers sought to take control of diamond mining areas under the control of RUF forces. The civil war ended around 2002. In 2004 the UN established a special war crimes tribunal to try those from both the RUF and the government side accused of war crimes. Since the end of the war, the international community, through the combined efforts of ECOWAS and the United Nations Peace Mission in Sierra Leone (UNIPSIL), has provided support to the government of Sierra
1 Evaluation of UNDP Assistance to Conflict-Affected Countries: Human Security, Case Study of Sierra Leone UNDP at http://web.undp.org/evaluation/documents/thematic/conflict/SierraLeone. pdf (Accessed 9 February 2018) HISTORICAL AND POLITICAL OVERVIEW 3
Leone. UNIPSIL was officially closed in 2014. Over a decade since the end of the civil war, the country remains largely underdeveloped.2
1.2 Political overview The 2018 general elections took place on 7 March 2018, with a presidential runoff conducted on 31 March 2018. They were the fourth presidential elections since the end of the decade-long civil war in 2002. The elections took place against the backdrop of the closure of UNIPSIL, which had provided extensive operational support to previous elections. The 2018 elections were the first to be organised and administered primarily by the government of Sierra Leone in the absence of UNIPSIL. Concerns were raised about the capacity of the NEC to conduct the elections effectively without the backing of the UNIPSIL, especially in regard to logistics.
Several issues shaped the contest of the 2018 elections. These include the uncertainties around the election date, the Ebola crisis, and the mudslide amid a deteriorating economy, debate about the constitutional review process, sacking of the vice president, and a petition challenging the presidential candidature of Kandeh Yumkella of the National Grand Coalition (NGC). These issues raised concerns and created uncertainties about the elections while creating political tensions.
Regarding the election dates, there were concerns about the perceived reluctance of the incumbent president to declare the dates of the elections for different reasons, which led to speculations that he intended to remain in office beyond his term limit. The announcement of the date followed pressure from civil society and the media. Some of the incumbent’s supporters, through a campaign dubbed ‘more time’, called for him to extend his time in office noting that the Ebola outbreak had interrupted his government programme. As such, they asserted that he needed more time to complete the plans his government had started. Although the government did not
2 the 2018 Human Development Index (HDI) report ranked Sierra Leone as one of the countries with the lowest HDI at 0.419. This put the country among the lowest reaches of human development category, positioning it at 184 out of 189 countries. It has an average life expectancy of 52.2 years with a low average number of years of schooling at less than 10 years and with 14.5% of the population using improved methods of sanitation facilities and a 55.3% employment to population ratio. http://hdr.undp.org/en/countries/profiles/SLE# 4 EISA Election Observer Mission Report No 65
expressly support the campaign, they noted that citizens had a constitutional right to express themselves.3
The 2018 elections took place within the context of a slow-growing economy and poor infrastructure impacted by two disasters, namely the outbreak of the Ebola virus that claimed 3 955 lives between March 2014 and March 20164, and a mudslide in August 2017. With Sierra Leone ranked 38th most fragile state in the world in 20175, the two disasters, coupled with the decline in the world price of iron ore and other commodities, increased the county’s fragility. They negatively impacted on all spheres of the lives of Sierra Leoneans including economic and political.
In the economic sphere, the Ebola crisis resulted in slower economic growth due to disruptions to activities in agriculture, mining, construction, manufacturing, trade, tourism and transport6. The overall impact of the Ebola crisis in Sierra Leone was estimated at $1.9 billion.7 Similarly, the August 2017 mudslide affected over 6 000 people, of which 1 141 were declared dead or missing with over 3 000 displaced. While housing, health and the social protection sector accounted for almost 80% of the total damages and losses, almost every sector of the urban economy was impacted. The total economic value of the effects of the landslide and floods was estimated at about $31.65 million (SLL 237 billion)8.
3 In an interview with the BBC, government spokesman, Alpha Kanu stated that while President Koroma had never said he wanted to go beyond a second term, Sierra Leoneans had the ‘constitutional right’ to express themselves. He further noted that he had stated that ‘if there are a cacophony of calls’ from the people for an extension ‘it can be done’ by parliament https://www. bbc.com/news/world-africa-35302119, accessed on July 20, 2018. 4 Sierra Leone was declared Ebola-free on 17 March 2016. 5 The world fragile state index is based on a conflict assessment framework, ‘CAST’ developed for assessing the vulnerability of states to collapse. It ranks a total of 178 countries. 6 Government of Sierra Leone (GoSL), United Nations Development Programme, International Monetary Fund, the World Bank, & African Development Bank. (2014). The economic and social impact of Ebola Virus Disease in Sierra Leone: Joint preliminary assessment report. Government of Sierra Leone, United Nations Development Programme, International Monetary Fund, the World Bank, & African Development Bank. https://reliefweb.int/sites/reliefweb.int/files/resources/Joint%20 preliminary%20assessment%20socio%20economic%20impact%20of%20EVD%20in%20Sierra%20 Leone.pdf, accessed on August 10, 2018. 7 http://www.worldbank.org/en/topic/macroeconomics/publication/2014-2015-west-africa-ebola- crisis-impact-update, accessed on August 10, 2018. 8 World Bank (2017). Sierra Leone - Rapid damage and loss assessment of August 14th, 2017 landslides and floods in the western area (English). Washington, D.C: World Bank Group. http://documents.worldbank. org/curated/en/523671510297364577/Sierra-Leone-Rapid-damage-and-loss-assessment-of-August- 14th-2017-landslides-and-floods-in-the-western-area HISTORICAL AND POLITICAL OVERVIEW 5
Politically, studies suggest that government’s poor management of the crisis generated frustrations and exposed citizens’ lack of trust in their governments.9
Having served the maximum ten years in office, incumbent President Ernest Bai Koroma did not run for another term, as he was constitutionally ineligible. He unilaterally nominated Mr. Samura Kamara as the flag bearer of the ruling party, the APC. The nomination was contrary to the expected norm of election through the party convention. This not only frustrated other APC potential candidates but also elicited criticisms from various stakeholders including civil society which termed it as authoritarian. Earlier, in March 2015, President Koroma had controversially sacked the then Vice President Sam Sumana.10 The sacking was preceded by the annulment of Sumana’s party membership by APC’s National Advisory Council (NAC) in March 2015.11 While the sacking sparked political tensions, having been termed as wrong and unconstitutional, the president noted that he acted according to the supreme executive authority as enshrined in the Constitution.
Following his sacking, Mr. Sumana filed a case with the Supreme Court in April 2015 challenging the legality of his removal from office.12 On 9 September 2015 the Supreme Court confirmed Sumana’s sacking by ruling
9 rohwerder, B. (2014). ‘Impact and implications of the Ebola crisis’ (GSDRC Helpdesk Research Report 1177). Birmingham, UK: GSDRC, University of Birmingham. https://reliefweb.int/sites/ reliefweb.int/files/resources/HDQ1177.pdf 10 the president gave two key reasons, namely that Sumana had been expelled from the party and that he sought asylum in a foreign country (American Embassy). This, according to the president, amounted to the abandonment of his duties. 11 A press statement released on 6 March 2015 by the All Peoples Congress (APC) indicated that Mr. Sumana was expelled by the National Advisory Committee (NAC) which is the second highest organ in the party structure, in accordance with the party constitution. Reasons cited were anti- party activity, violence, deceit, fraud, inciting hate, threatening the personal security of key party functionaries, flaunting of rulings and decisions of the party, carrying out anti-party propaganda, and engaging in activities inconsistent with the achievements of the party’s objectives. The statement further indicated that other party members had also been expelled, suspended, fined and warned alongside Mr. Sumana for anti-party activities. 12 Principally, Mr. Sumana sought to ascertain two issues. First, whether the Constitution of Sierra Leone empowers the president ‘to relieve the Vice -President of his Office and duties’ in any way other than by the procedure set out in Sections 50 and 51 of the said Constitution. Second whether the ‘supreme executive authority’ of the president mentioned in Section 40(1) of the Constitution of Sierra Leone includes the power to ‘relieve the Vice-President of his Office and duties’ other than by procedure set out in Sections 50 and 51 of the said Constitution ht t ps://sierralii.org/sl/ judgment/supreme-court/2015/1203-0 6 EISA Election Observer Mission Report No 65
that the president had a right to relieve his vice president of his duties.13After losing the appeal at the Supreme Court, Mr. Sumana filed a case at the ECOWAS Community Court in Nigeria. On 27 November, the ECOWAS Court ruled in Mr. Sumana’s favour by declaring that his removal from office was illegal, null and void and that it did not follow due process.14 Mr. Sumana was granted some of the relief he sought, including payment of his remuneration, until the expected end of his tenure. However, Sierra Leone’s Attorney General filed a response to the court asserting that ECOWAS Court lacks jurisdiction over the case which had already been adjudicated by the Supreme Court.15
Following years of clamour for a new constitution, citizens hoped for its realisation before the 2018 elections. This was however not actualised despite a lengthy process by the Constitutional Review Committee (CRC) that began in 2013 and concluded in January 2017. Following the presentation of CRC’s final report, concerns were raised about the commitment of the government to the process after it accepted only 32 of the 134 recommendations presented, with most of the recommendations hailed as progressive not being accepted. In response to the CRC report presented to the president on 24 January 2017, the government published a White Paper in November 2017.16 The explanation given for the rejection was that the provisions in the current constitution are adequate or that existing statutes already addressed the issue. This move can be perceived as defeating the purpose of the process which had a clear mandate on its achievement, to which the Committee claimed to have
13 The SC held that the president is empowered to relieve the vice president of his office and duties in circumstances where the sitting VP has lost one of the qualifying requirements for holding his office. It further held that the supreme executive authority of the president includes the power to relieve the VP of his office and duties in circumstances where the procedure set out in sections 50 and 51 of the Constitution are inapplicable and the VP has lost one of the qualifying requirements for holding his office. 14 the Court ruled that Mr. Sumana’s removal as the vice-president by the president on 17 March 2015 violates Article 7 of the African Charter on Human and Peoples’ Right. The Court acknowledged the right of the president of Sierra Leone to remove from office a party member for acts contrary to the constitution of the ruling APC party, but said that removing him while his right of appeal was still subsisting amounted to a breach of his right to fair hearing. 15 the Court disagreed with Sierra Leone’s objection regarding its jurisdiction, ruling instead that it has jurisdiction as it is a clear case of human rights violation relying on its decisions in a plethora of cases that for jurisdiction to arise, the alleged violation must be founded on an international or community obligation of the state. The judges noted that the Protocol (to which Sierra Leone is a signatory) establishing the ECOWAS Court as amended in Articles 9(4) and 10(d) is very clear on the issue. 16 Published in Gazette Vol. CXLV111 No. 79 of 10 November 2017. HISTORICAL AND POLITICAL OVERVIEW 7
closely adhered.17 At an estimated cost of $4 122 715 this rejection was thus a blow to the people of Sierra Leone and to the cause.18The government was therefore criticised as having failed to accept the views of the people, which were collected in a process hailed as inclusive and comprehensive, hence postponing their aspirations for a new constitution.19
A petition challenging the candidature of the NGC presidential candidate, Kandeh Yumkella, over his dual citizenship also impacted the pre-election context. Following Mr. Yumkella’s nomination as a candidate member of parliament, a petition against his nomination was filed at the National Electoral Commission (NEC). The petition by Mr. Abu Sankoh20 claimed that Yumkella was a dual citizen of the Republic of Sierra Leone and the United States of America, in violation of section 76(1a) of the Constitution of Sierra Leone and the Public Elections.21 The NEC office in Kambia upheld Yumkella’s nomination prompting an appeal at the NEC headquarters in Freetown, which also upheld the nomination.22 The case was escalated to the Supreme Court of Sierra Leone, by APC’s David Fornah, but was adjourned several times on technical grounds before election day. A hearing was set for 28 March, after the elections. Sierra Leoneans thus cast their ballots with a lingering uncertainty over the implication of the outcome of the case. Yumkella won the parliamentary seat but failed to secure a place in the runoff
17 the mandate was to review the 1991 Constitution, in tandem with the Peter Tucker Report of 2008, and propose amendments to it. In so doing, the CRC was required to ascertain the views of Sierra Leoneans, consult relevant stakeholders, examine the constitutions of other countries, and recommend new and amended provisions for the 1991 Constitution. 18 the review exercise was a joint project undertaken by the Sierra Leone Government and the international community represented in Sierra Leone by the UNDP (United Nations Development Programme) on which the amount of $41 million was spent. 19 the committee reportedly received several thousand suggestions from the public through submission forms and position papers from institutions and individuals. It also reportedly collated views from across the entire country. Following its rejection, the government white paper received criticism from many civil society organisations including the National Election Watch (NEW) and Human Rights Defender Network Sierra Leone (HRDN-SL) through position papers. 20 An APC candidate for Member of Parliament. 21 Section 76(1) states that, ‘No person shall be qualified for election as a member of parliament, if he is a naturalized citizen of Sierra Leone or if he is a citizen of a country other than Sierra Leone, having become such a citizen voluntarily or is under a declaration of allegiance to such country.’ 22 On 24 January 2018, the district returning officer ruled that the evidence provided was insufficient to reverse the provisional nomination of Yumkella Kandeh Kolleh. This was confirmed on 29 January 2018 by NEC officials in Freetown who ruled that the evidence submitted in the appeal was similar to that which was submitted in Kambia, and that it was therefore insufficient to overturn Dr Yumkella’s nomination. 8 EISA Election Observer Mission Report No 65
elections. The applicant withdrew the case on 23 March, a few days before the runoff elections. The move was perceived to be geared towards enticing NGC’s support for APC in the runoff election. The NGC however publicly stated their neutrality with respect to the runoff election.
It was reported that in the past both SLPP and APC had not seriously considered the constitutional provision regarding dual citizenship, and had nominated MP candidates with dual citizenship. The Yumkella case however influenced the nomination of MP candidates, especially those from APC to the 2018 elections. Due to the indirect association of the party with the petitions, the case triggered a fear of petitions targeting its members and propelled the APC to comply with the relevant provision. The party thus did not award any symbol to any of its members with dual citizenship, thus disqualifying individuals from the diaspora as well as former MPs who possess dual citizenship. This move may have cost the party diasporic support.
A dominant feature of Sierra Leone’s political system is the alternation of power between two political parties, the SLPP and APC. These parties are representative of the country’s ethno-linguistic divide which has been decisive in shaping election outcomes over the years. While the APC draws its support from the north, the SLPP draws most of its support from the south. This polarisation has historically been an impediment to the emergence of new political forces. However, while these parties were expected to maintain their strength in the 2018 elections, breakaway parties from the two main parties threatened to unsettle their duopoly. These new parties emerged mainly following the nomination process to elect the respective presidential candidates, and include the NGC and the Coalition for Change (C4C). The NGC was formed by dissidents from the SLPP with Kandeh Yumkella as the presidential candidate while the C4C was formed by some dissidents from the APC who named Sam Sumana (former vice president) as their presidential candidate. However, in the run-up to the elections, the NGC appeared stronger than the others earning the title an ‘emerging third force’. Besides having a fairly large faction of prominent SLPP members joining, the party also made inroads into areas in the north that are considered APC strongholds. In addition, it attracted the urban youth who saw it as a third way from the two traditional parties. HISTORICAL AND POLITICAL OVERVIEW 9
As indicated in Table 1 below, Sierra Leone has a history of runoff elections as winners do not normally emerge in the first round due to the high threshold set in the legal framework for determining winners of presidential elections. The Constitution stipulates that a presidential candidate must garner 55% of the total votes cast in order to be declared president.
Table 1: Trend of presidential elections (1996-2018)
Year Candidate Party Vote Percentage
st 1996 Ahmad Tejan Kabbah SLPP 1 Round 266 893 35.80
nd 2 Round 608 419 59.50
st John Karefa-Smart UNPP 1 Round 168 666 22.62
nd 2 Round 414 335 40.50
2002 Ahmad Tejan Kabbah SLPP One round 1 373 146 70.1
Ernest Bai Koroma APC 426 405 22.4
st 2007 Ernest Bai Koroma APC 1 Round 815 523 44.34
nd 2 Round 950 407 54.62
st Solomon Berewa SLPP 1 Round 704 012 38.28
nd 2 Round 789 651 45.38
2012 Ernest Bai Koroma APC One Round 1 314 881 58.70
Julius Maada Bio SLPP 837517 37.4
st 2018 Samura Kamara APC 1 Round 1 082 748 42.7
2nd Round 1 227 171 48.2
st Julius Maada Bio SLPP 1 Round 1 097 482 43.3
nd 2 Round 1 319 406 51.8
African Elections Tripod: http://africanelections.tripod.com/sl.html#1996_Presidential_Election (Accessed 16 February 2018) 10 EISA Election Observer Mission Report No 65
The 2018 presidential elections were contested by 16 candidates as indicated in Table 2 below. It was however considered a contest between three strong candidates, namely: Samura Kamara23 (APC); retired Brigadier Julius Maada Bio24 (SLPP); and Kandeh Yumkella25 (NGC). There were two female presidential candidates, Olufemi Claudius-Cole of the Unity Party and Ngobeh Gbandi Jemba of the Revolutionary United Front Party (RUFP).
Table 2: Presidential Candidates to the 2018 Elections
Candidate Political Party Running mate Mansaray, Alliance Democratic Party Kamara Isata Abdulai Mohamed Kamaraimba (ADP) Samura Kamara All Peoples Congress (APC) Bah Chernor Ramadan Maju Musa Tarawally Citizens Democratic Party Bangura Paul Alimamy (CDP) Samuel Sam-Sumana Coalition for Change (C4C) Conteh David Bai Kandeh Yumkella National Grand Coalition Keili Andrew Karmoh (NGC) Bah Mohamed National Democratic Alliance Hunter Victoria (NDA) O’Dwyer Patrick John National Progressive Samura Blanche Joko Democrats (NPD) Sandy Jonathan Patrick National Unity and Blango Safiatu Reconciliation Party (NURP) Conteh Kandeh Baba Peace and Liberation Tarawally Abu Bakar Party Salaiman (PLP) Margai Charles Francis Peoples Movement for Bangura Isata Dohra Democratic Change (PMDC) Williams Beresford Republic National Kemokai Septimus Mohamed Victor Independence Party (ReiNIP)
23 The immediate former Foreign Affairs Minister under APC government and a seasoned diplomat. 24 A former Sierra Leone military Junta ruler who was briefly in power in 1996. He also contested for the presidential seat in 2012 but lost to President Koroma, 25 A former UN under-secretary-general. He resigned from the SLPP following infighting for the party’s ticket. HISTORICAL AND POLITICAL OVERVIEW 11
Ngobeh Gbandi Jemba Revolutionary United Front Fowai Ansumama Mambu Party Porga (RUFP) Julius Maada Bio Sierra Leone People’s Party Jalloh Mohamed Juldeh (SLPP) Sowa Turay Mohamed United Democratic Movement Kai kai Alex Brihim Matthew (UDM) Kabuta Henry Saa United National Peoples Party Kargbo Lansana Benedit (UNPP) Claudius-Cole Jose- Unity Party Tarawalley Mohamed S.V Jr phine Olufemi (UP) Source: National Electoral Commission 12 EISA Election Observer Mission Report No 65 Legal and Institutional 2 Framework
2.1 The Constitution ▼ 2.2 The Electoral System 2.3 Election Management 2.4 Party and Campaign Finance ▼ 2.5 Legal Framework ▼
2.1 The Constitution The 1991 Constitution of the Republic of Sierra Leone, as amended on 7 February 2002, and 31 July 2008, is the cornerstone of the legal framework for both the electoral process and the institutions established to administer that process. In addition to the Constitution, other legislation also makes provision for elections in Sierra Leone. These include the Public Elections Act, 2012, the Political Parties Act, 2002 and the Local Government Act, 2004 as amended. Other relevant laws include the National Civil Registration Act, 2016; the Disability Act, 2011; the Local Courts Act, 2011; the Chieftaincy Act, 2009; the Public Order Act, 1965; the Criminal Procedure Act, 1965 (CPA); the Independent Media Commission Act, 2000; and the Citizenship Act, 1973, as amended in 1976, 2006 and 2017.
There are also a number of regulations and guidelines issued by the National Electoral Commission and PPRC including codes of conduct or ethics to regulate the media, political parties and election observers in the electoral process.
There are also key principles based on international human rights laws that guide the conduct of democratic elections. Sierra Leone has ratified and
12 Legal and institutional framework 13
signed major international, continental and regional treaties that relate to human rights and the conduct of democratic elections.26
The Constitution proclaims that the Republic shall be based on the principles of freedom, democracy and justice. It recognises fundamental rights and freedoms that are critical in a democratic dispensation. These include the freedoms of movement, assembly, association, and expression; the freedom of the media; and the right to protection from discrimination. Section 28 of the Constitution lays down the mechanisms for the enforcement of the fundamental rights and freedoms of the individual, as well as access to legal representation for indigent victims of human rights violations.
The Constitution also provides for the entrenchment of democracy through provisions for a multi-party political system; the separation of powers within a presidential system; a majoritarian electoral system; conduct of regular elections managed by independent institutions; and term limits for elective offices. Specifically, the Constitution provides for the conduct of regular elections managed by the NEC, which is established by Section 32 of the Constitution to conduct and supervise the registration of voters for and of all public elections and referenda, to regulate for those purposes as well as to review constituencies periodically.27 The Constitution also provides for the establishment of the Political Parties Regulation Commission (PPRC) that is responsible for regulating the registration and operation of political counties. Both institutions operate in a complementary manner.
The Public Elections Act (PEA) of 2012 provides for the establishment of the NEC, the registration of voters, presidential, parliamentary, and local elections, electoral procedures and electoral conflict resolution. The Political Parties Act, 2002, provides for the registration and regulation of the conduct
26 these include: UN Universal Declaration of Human Rights; International Covenant on Civil and Political Rights; UN Convention on Political Rights of Women; Convention on the Elimination of All Forms of Discrimination against Women; UN Convention on Rights of Persons with Disability; African Charter on Democracy, Elections and Governance; African Charter on Human and People’s Rights; Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa; and ECOWAS Protocol A/SP1/12/01 on Democracy and Good Governance Supplementary to the Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping, and Security. 27 Electoral boundaries were reviewed for the 2018 elections. More details are provided in the chapter on boundary delimitation. 14 EISA Election Observer Mission Report No 65
of political parties in accordance with sections 34 and 35 of the Constitution; and the Electoral Commission Regulations and procedures of the NEC. The Local Government Act, 2004 as amended, provides for the establishment of localities and local authorities; functioning of local authorities; defines functions and powers of local councils and councillors; and establishes the Local Government Service Commission, the Local Government Finance Committee and the Inter-Ministerial Committee on Decentralization.
While the legal framework broadly provides sufficient basis for the conduct of democratic elections, it could further be strengthened for more democratic elections. Efforts to review the Constitution to align it with international standards related to democratic elections have unfortunately not borne any fruit to date. The clamour for a new constitution in Sierra Leone can be traced back to the 1999 Lomé Peace Accord which was aimed at ending the civil war in Sierra Leone.28 It provided for a review of the constitution to address the root causes of the civil war and to reflect the needs and aspirations of the people. The need for a constitutional review was reinforced by the 2004 report of the Truth and Reconciliation Commission (TRC)29 which recommended the adoption of a new constitution through a wide and thorough consultative process. The 2011 Sierra Leone Conference on Development and Transformation, through its report, further reinforced the need for constitutional reforms. It recommended an alignment of the laws of Sierra Leone to the country’s aspirations to become a middle-income country. It also advocated for a review of the laws not only to ensure that the rights of women are protected and promoted but also to ensure inclusivity of both youth and Persons with Disabilities (PWD’s) in government processes.
The first CRC was established in 2007. It had a special mandate to recommend amendments to the Constitution that might bring it up to date with the economic, social and political developments that had taken place nationally and internationally since 1991. It submitted its report, the Peter Tucker Report30,
28 this was a peace agreement between the Government of Sierra Leone and the Revolutionary United Front of Sierra Leone signed on 7 July 1999. It aimed at a cessation of hostilities between the warring factions and provided for, among others, power-sharing arrangements between the elected government on the RUF. 29 This was a transitional justice mechanism established to heal the wounds of the conflict. It noted that one of the challenges to the legitimacy of the 1991 Constitution was the lack of wide public consultation and participation in its drafting process. 30 this was named after the head of the CRC, Dr. Peter Tucker. Legal and institutional framework 15
in 2008 which proposed 136 amendments to certain aspects of the 1991 Sierra Leone Constitution.31 In response to the longstanding recommendations for a constitutional review, and following his re-election in 2012, President Koroma constituted an 80-member CRC in 2013.32 It was mandated to review the 1991 Constitution, using the Peter Tucker Report as a working document. It was further required to collect public views in Sierra Leone and abroad, consult with relevant stakeholders, including social, political and economic groups, examine constitutions of other countries and recommend provisions aiming at promoting an open, transparent and democratic society.
While rejecting 102 of the 134 proposed recommendations, the government argued that the provisions in the current Constitution are adequate or that existing statutes already addressed the issue. The accepted recommendations are mostly superficial in nature. They include for instance the recommendation to include the words ‘human dignity’ and ‘equality’ in the chapter of the Constitution on fundamental principles of state policy. The government however rejected the recommendation to make these principles ‘justiciable’. Additionally, the government accepted the recommendation to amend the description of the bill of rights section to include the word promotion. It however rejected recommendations to abolish the death penalty; ensure equality of women and men in political, economic, cultural and social spheres; and include a right to the environment, the rights of the aged, the rights of persons with disability or the rights of children in the Constitution. In a calculated move however, the government further accepted the recommendation to include a new clause on ‘national security interests’ to the existing ones in the bill of rights. This can be misused to constrain the rights further.
31 These included extensions of immunity to government ministers while in office, introduction of a second chamber in parliament, and change to the citizenship laws to allow Lebanese to be voted to parliament but not as president. The process did not lead to an amendment of the Constitution. 32 The members represented different stakeholders in Sierra Leone such as government institutions, political parties, civil society, media, and independent bodies. The CRC Terms of Reference were: to ascertain from the people of Sierra Leone their views on the 1991 Fourth Constitution and, in particular, the strengths and weaknesses of the Constitution; articulate the concerns of the people of Sierra Leone on amendments that may be required for a comprehensive review of the 1991 Constitution; and make recommendations to Government for consideration and provide a draft Bill for possible amendments to the 1991 Constitution. 16 EISA Election Observer Mission Report No 65
Among the rejected recommendations included issues regarding citizenship, vacancy in the office of the president, and the description of the president as Supreme Executive Authority, among others. The issue of citizenship is applicable and critical to many Sierra Leoneans who fled the civil war and was a contentious issue in the run-up to the elections. The CRC recommended for the introduction of a dedicated chapter in the Constitution dealing with citizenship (Chapter 6). This was rejected by the government which reported that it is addressed in the Citizenship (Amendment) Act, 2017. On changes regarding the vacancy in the office of the president, and to avoid a crisis in cases of loss of party membership by a president, the CRC recommended that loss of party membership shall not nullify or cause the removal of the sitting president from office, which the White Paper rejected. Similarly, the Committee recommended the replacement of the phrase Supreme Executive Authority with Chief Executive to describe the president. This was also rejected in what was argued to be an attempt to cut down the authority of the president. Included in the White Paper was the proposal to reduce the threshold for the presidential election to 50%+1 of the valid votes cast up from the current 55% threshold. This proposal was not covered as part of the review process.
Despite public outcry on its substance, the White Paper was taken to the floor of the house for debate. It was not debated by the time parliament was dissolved on 7 December 2017. Having gone into another election without the eagerly sought-for new Constitution, Sierra Leoneans will have to wait for the new government to declare its stand on the process.
Emanating from the Yumkella case, some of the shortcomings of the legal framework governing elections that could be strengthened include:
• The Constitution provides a seven-day period within which a political party can nominate another candidate in case of death or disqualification of a presidential candidate. This scenario does not allow for a disqualification that might take place less than seven days to the election. • While the Constitution provides for seven days, the PEA provides a 21-day period for the political party to appoint another candidate in case of the death of the nominated presidential candidate. It is Legal and institutional framework 17
however silent on whether another candidate may be appointed in the event of a disqualification. • Lack of harmonisation of the deadline of the courts with the electoral process/ election administration. In the Yumkella case, while NEC had stated that any withdrawals would be struck off the ballot paper, it was not clear what would happen if the court had declared that a nominated candidate is not eligible to run for the office. • The law is also not clear on the jurisdiction of the courts on internal party affairs. In the event that the candidature of a presidential nominee is nullified in court, it is unclear whether the court can compel the parties to nominate another candidate. • The Constitution of Sierra Leone allows for the use of technology in elections. In spite of the provision, technology has been limited to registration of voters (biometric registration).
2.2 The Electoral system Sierra Leone’s Constitution33 embraces the principles of fairness, inclusivity and equality in the country. These principles are also deepened by those provisions that relate to the electoral process. For instance, elections are held by secret ballot; each electoral constituency shall return one member of parliament (MP); that the boundaries of each constituency shall be such that the inhabitants thereof are as nearly equal to the population quota as is reasonably practicable.
The president is elected under a first-past-the-post system based on an absolute majority of votes cast by a national constituency of Sierra Leonean voters that are eligible to vote, after nomination by a political party. If neither party garners the requisite 55% of the valid votes cast, a runoff election is held between the two top candidates within 14 days, pursuant to section 42(2) (f) of the Constitution. Compared with trends around the world, this 55% threshold is considered too high. The current system also does not adequately address the trend of ethnic politics as it remains possible for candidates to win based on the support received from their ethnic base. The problem of ethnic politics could be better addressed by introducing a minimum regional electoral threshold while lowering the national threshold. This could be
33 Chapters II and III 18 EISA Election Observer Mission Report No 65
replaced by 50+1.The president is elected for a tenure of five years that is limited to two terms of office.
Members of Parliament (MPs) are also elected through a first-past-the-post system, based on a simple majority of votes cast. The Constitution provides that there shall be one MP for each district who shall be a paramount chief, and such other MPs as may be prescribed by an Act of Parliament. The total aggregate of such MPs shall not be less than 60. MPs shall also be elected by secret ballot. Candidates may be nominated by a political party or run as independents. For the 2018 elections, citizens voted for 132 MPs. While the law provides for independent candidates in parliamentary and local elections, the same privilege is not accorded to presidential elections. This impinges on the principle of equal opportunity to vote and to be voted for. It also violates the freedom of association (which includes the right not to associate).
Parliament is elected for a term of five years and shall stand dissolved at the expiration of five years commencing on the date of its first sitting after a general election. There were delays in announcing the date for the 2018 elections which led to speculations that the ruling party was buying time to make provisions allowing the president to seek a fresh mandate. The party also cited the Ebola epidemic and the flooding disaster that led to the landslide, as grounds for delaying the elections. However, following pressure especially from civil society, the president announced 7 March 2018 as the date for parliamentary and local council elections. NEC confirmed the same date for the presidential election.34 While the date was suitable for parliamentary elections as it was within the stipulated timelines35, it was past the mandated constitutional deadline for the presidential election. The Constitution stipulates that the presidential election must be held not later than three months after the end of the five-year term of the president. Since the term of President Koroma started on 23 November 2012, after his swearing in, it was constitutionally supposed to expire on 23 February 2018. Although elections were held on the announced date, it is important
34 the president is responsible for determining the date of the parliamentary election whereas the NEC is responsible for announcing the date of the presidential elections. In so doing, they are required to consult with each other. 35 Section 87(1) of the Constitution provides that a general election of the Members of Parliament shall be held not earlier than thirty days and not later than ninety days after any dissolution of Parliament. Parliament was dissolved on 7 December 2017. Legal and institutional framework 19
to have clear timelines or dates for the elections which would not be subject to interpretation.
2.3 Election management The NEC is established by Section IV, Article 32, of the Constitution. It is made up of five electoral commissioners appointed by the president after consultation with the leaders of all the registered political parties and the approval of Parliament. The board of commissioners consists of a chief electoral commissioner/chairperson, who is the head of policy and spokesperson of the commission and four other members who are called electoral commissioners. The tenure of office of all commissioners is five years and their terms and conditions of service are prescribed by Parliament. The current commissioners36 were appointed in 2014 following the expiry of the mandate of all the previous commissioners in 2014. A member of the Electoral Commission may be removed from office by the president for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour. The removal however is subject to approval by two-thirds majority in Parliament upon recommendation by a tribunal set up by the president for the purpose of addressing the alleged misconduct.
The NEC is supported by a secretariat which comprises administrative and technical staff hired on ad hoc and permanent basis by the commission. It is headed by an executive secretary. Composition of the management includes the executive secretary (ES), ten directors, the executive assistant to the CEC and an assistant to the executive secretary.
Under Section 33 of the Constitution and Section 28 of the Chieftaincy Act, the NEC is the only institution with the constitutional mandate to prepare and conduct all public elections and referenda. Other functions include: the registration of voters; boundary delimitation; and making regulations for the efficient performance of its functions. The independence of the NEC is guaranteed by the Constitution and reinforced by the Public Elections
36 these are Mohamed M.N Conteh (Chief Electoral Commissioner and Chairperson); Madam Augusta Bockarie (Electoral Commissioner – South); Macksood Gibril-Sesay (Electoral Commissioner – North); Madam Miatta L. French (Electoral Commissioner – West; and Stephen Aiah Mattia (Electoral Commissioner – East). 20 EISA Election Observer Mission Report No 65
Act. The institution, in the conduct of its work, is not subject to the control or direction of any person or authority. Although public servants may be seconded to the NEC, it is responsible for the recruitment and employment of its own staff. The NEC is empowered to make regulations through statutory instruments.
The NEC receives its funding directly from the Consolidated Revenue Fund, from which all other constitutional bodies obtain their funds. While the commission is entitled to receive gifts and donations, it is prohibited from receiving gifts and donations that may compromise its independence. For instance, it may not receive gifts or donations from political parties, or gifts that are given on condition it performs a certain function, duty or obligation other than those created by law. It is the observation of the mission that reporting and accountability mechanisms require the Commission to submit its reports to the president for tabling in Parliament. This line of reporting could compromise the independence of the commission.
The NEC works parallel to the Political Parties Registration Commission (PPRC). It is established by the Political Parties Act, 2002 for the registration and regulation of the conduct of political parties in accordance with sections 34 and 35 of the 1991 Constitution of Sierra Leone. The PPRC Act No3 of 2002 gives the Commission the mandate to: register and supervise the conduct of political parties in accordance with the 1991 Constitution and the Political Parties Act of 2002; monitor the affairs or conduct of political parties to ensure compliance with the constitution of Sierra Leone, the Political Parties Act, and the terms and conditions of their registration; monitor the accountability of political parties to their membership and to the electorate of Sierra Leone; promote political pluralism and a spirit of constitutionalism among political parties; when approached by persons or parties concerned, to mediate any conflict or disputes between or among the leadership of any political party or between or among political parties; and to do all such things as will contribute to the attainment of good conduct of political parties.
The institutional mandate and independence of the PPRC are enshrined in the 1991 Constitution of Sierra Leone. The commission in collaboration with registered political parties and civil society established a code monitoring committee to function as a forum to discuss issues of common concern, including breaches of the code before, during and after the elections. Legal and institutional framework 21
Independence of the PPRC is provided for under Section 34 (5) of the 1991 Constitution of Sierra Leone. It states that, ‘the Commission shall not be subject to the direction or control of any person or authority except in the circumstance where political parties are aggrieved with a decision of the Commission. In such a case, the party concerned may appeal to the Supreme Court of Sierra Leone and the decision of the Court shall be final’.
The PPRC consists of four members, including a chief electoral commissioner. The members of the commission, other than the chief electoral commissioner, are appointed by the president subject to the approval of Parliament.
In the course of its work, the commission reserves the right to refuse to register political parties if they fail to meet the provisions stated in section 35 subsection (5) of the 1991 Constitution, and to de-register a political party if it is deemed dormant or fails to meet other provisions stated in Section 27 of the Political Parties Act of 2002. Additionally, pursuant to Section 10 of the Political Parties Act, any person who willfully obstructs or otherwise interferes with the Commission or its members or officers in the discharge of the functions of the Commission commits an offence and shall be liable on conviction to a fine. The PPRC is however not provided with enforcement powers, which hinders implementation of its regulatory mandate.
2.4 Party and campaign finance There is no state funding for political parties in Sierra Leone. The legal framework however makes provision for the reportage of the financial affairs of registered political parties. The Constitution provides that a statement of the sources of income and the audited accounts of a political party, together with a statement of its assets and liabilities, shall be submitted annually to the PPRC. There are admitted limitations on the capacity of the PPRC to enforce these provisions in the absence of quasi-judicial powers, as the judicial route is long and expensive for the PPRC.
Article 19(1) of the PPA, 2002 stipulates the sources from which a political party may receive funds. The law restricts sources of contributions to only those individuals who are entitled to be registered as voters in Sierra Leone. In addition, it stipulates that the Commission may, through regulations, 22 EISA Election Observer Mission Report No 65
provide for limits on the amount of contribution or donation to a political party and the disclosure of information that may limit the influence of money in the political process. There is no law that regulates campaign financing in Sierra Leone. Campaign expenditure is therefore not strictly regulated as there are no caps on how much candidates may raise or spend or the sources of campaign finances. This gives undue advantage to the candidates who have access to more resources and tilts the playing field in their favour. Most of the disadvantaged are the vulnerable groups that include women and PWDs.
There is also no legislation regulating the use of state resources for campaign purposes. The absence of this legislation leads to the misuse of state resources for campaigning especially by the political parties in power. This distorts the level playing field during the campaign period and may be considered discriminatory.
2.5 LEgal framework The legal framework broadly provides sufficient basis for the conduct of democratic elections. It addresses all components of the electoral process necessary to ensure democratic elections. These include provision for, among others, the right to universal and equal suffrage as well as the right to contest elections without any discrimination; the establishment and independence of the election management body and a parallel body, the PPRC, to regulate the activities of political parties; an electoral system which provides periodic elections; as well as electoral dispute resolution mechanisms.
There are however some gaps and shortcomings in the law which require strengthening to align with international standards, thus allowing for more democratic elections. For instance, while the electoral system provides for the conduct of periodic elections, the threshold for winning is considered too high, at 55%, and it does not address the trend of ethnic politics in the country. There are restrictions on civic and political rights, for instance the limitation on presidential candidates to stand as independent candidates, as well as the requirement for aspiring public servants to retire a year before the elections. The law also lacks provisions for affirmative action for women and PWDs as well as provisions to regulate campaign financing. While guaranteed by the Constitution, the independence of the NEC could be compromised by its Legal and institutional framework 23
accountability to the president. Further, the dispute resolution process does not allow for timely resolution of electoral complaints, which was a major issue that likely impacted on the administration of and, in some instances, outcome of the electoral process. These shortcomings are among the many that the constitutional review process, which was unfortunately rejected at the tail end of the process, sought to accomplish. It is thus important for the current government to revisit the process and ensure that the proposed amendments are passed before the next election. 24 EISA Election Observer Mission Report No 65 The Pre-Election 3 Phase
3.1 Delimitation of Constituencies ▼ 3.2 Voter Registration 3.3 Political Parties and Nomination of Candidates ▼ 3.4 Civic and Voter Education 3.5 Election Campaigns 3.6 Role of Civil Society ▼ 3.7 Preparedness of the NEC
3.1 dELImitation of constituencies The delimitation of electoral boundaries is a vital part of the electoral process. It aims to guarantee the principle of one man, one vote37 and facilitates, among others, the preparation of an accurate voters’ register and the correct placement of polling stations.
The NEC is mandated to undertake boundary delimitation as per the 1991 Constitution of Sierra Leone (Act No 6 of 1991). Section 38(1) empowers the Commission to divide the country into constituencies for electing Members of Parliament (MPs) using single member first-past–the-post (FPTP) system. The Local Government Act of 2004 assigns the task of drawing wards to the NEC; while Section 14 of the Public Elections Act, 2012 forms the legal basis for the allocation of council seats and delimitation of wards in Sierra Leone. In conducting boundary delimitation, the NEC is also guided by the Wards (Boundary Delimitation) Regulations, 2008; the Local Government (Amendment) Act 2004; the Provinces (Amendment) Act 2017; and Eight Establishment Orders 2017.
Section 38 (4) of the Constitution requires the NEC to review constituency and ward boundaries at intervals of not less than five and not more than
37 the principle of equal representation refers to the principle by which every elected representative of the legislature represents the same – or a proportional – number of habitants. 24 THE pre-election phase 25
seven years. In contravention of this provision, the 2016 constituency and ward delimitation exercise was undertaken at a longer interval. The previous delimitation was undertaken in 2006 and 2008 for the parliamentary elections and local council elections respectively. Subsequently, the delimitation which was undertaken based on the 2004 population census resulted in 112 constituencies and 394 wards. The 112 constituencies were utilised for the 2017 and 2012 parliamentary elections while the 394 wards were utilised for the 2008 and 2012 local council elections.
For the 2018 elections, boundary delimitation commenced in May 2016 and the report was submitted to Parliament in December 2016. It was based on the 2015 National Population and Housing Census38. The outbreak of the Ebola virus epidemic led to the national population and housing census being postponed twice. Initially meant to be held in 2014, the process was postponed to April 2015 and finally to December 2015. The understandable postponement significantly impacted the electoral timelines, mainly the boundary delimitation process. Some opposition parties however accused the government of using the Ebola epidemic as an excuse to attempt to extend its rule by postponing the elections.
CSOs consulted by the EISA EOM reported that the process was long and consultative. The NEC, however, received a setback after the submission of the report because of the introduction of the Provinces Act (CAP 60) 2017 which was passed into law on 13 March 2017. The Act created additional administrative units (districts, provinces and localities)39 before the boundary delimitation report had been passed.40This necessitated a repeat of the delimitation process to incorporate the new administrative units. The NEC submitted the updated report to Parliament on 21 July 2017 and it was passed into law on 12 August 2017. Following the enactment of the Provinces Act
38 Census in Sierra Leone was initially planned for December 2014. Due to the Ebola outbreak in the country, the process was postponed twice, first to April 2015 and then to December 2015. 39 the number of chiefdoms was increased from 149 to 160 and the wards from 394 to 446. The Northern province was divided into two (Northern and North-Western provinces) while two new districts (Falaba and Karene) were created. 40 Interlocuters reported that the creation of the new units was one of the many tactics deployed by the government to delay the elections. Other alleged tactics included a delay in announcing the election date. 26 EISA Election Observer Mission Report No 65
and boundary delimitation of 2017, there are 16 administrative districts (up from 14), 132 parliamentary constituencies, 21 local councils and 446 wards.41
While the NEC can be commended for their ability to conduct the repeat delimitation process within a limited electoral schedule, the process nonetheless impacted on the timelines for other activities that were dependent on completion of the boundary delimitation. Such activities include identification and allocation of polling and voter registration centres. It also had cost implications since the new delimitation had not been initially planned for.42
The law lacks proper regulations for adequate enforcement. The only form of regulation is a legal instrument which sets the maximum allowable population deviation at 25% for the constituencies. Further, to avoid a repeat situation where the delimitation process would have to be redone, there is a need to align the boundary delimitation process and formulation of any law that may impact on the electoral process.
3.2 vOTER registration Voter registration in Sierra Leone is voluntary. The Public Elections Act, 2012, provides for the continuous registration of voters and the continuous review of the voters registered by the NEC.
The registration of voters, updating and review of the voters register, should take place not later than six months before the polls. To qualify to be registered as a voter, he or she must be Sierra Leonean by law; be 18 years or older; be of sound mind; not have been imprisoned following conviction for a crime or under the death sentence; and be a resident in the area where he or she wishes
41 The revised numbers were influenced by two key factors: the prescription of ordinary seats to 132 in respect of Ordinary Members of Parliament by Parliament, on 10 May 2016; and the decrease of multi-member ward localities decreased from five (5) to four (4). The latter increased the total number of wards from 394 wards in 2008 to 446 wards in 2017. 42 An additional cost of €291,667 was required by the NEC for the second redrawing exercise and reproduction of the reports and maps. This is an increase of 30% of the original project budget. THE pre-election phase 27
to register.43 The Sierra Leone Citizenship Act, 1973 (as amended) recognizes citizenship by birth, descent, naturalisation or registration. Persons who cannot be registered as voters includes persons who have been committed to a mental asylum or judged to be insane, and persons who are imprisoned pursuant to conviction for a crime or under death sentence. Section 32 of the Sierra Leone Constitution mandates the NEC with conducting and supervising the registration of voters for all public elections and referenda.
Voter registration for the 2018 elections was postponed three times and eventually took place from 20 March to 30 April 2017. Unlike previous years where the NEC was solely responsible for the development of the voter register, the 2018 voter registration was conducted jointly with the National Civil Registration Authority (NCRA).44 Section 14 of the NCRA, 2016 stipulates that the purpose of the Authority is to among others maintain an accurate electronic national population database as well as issue national identity cards. Section 25(a) directs the NCRA Director General to provide the NEC with information for the purpose of getting an updated register of voters for the conduct of public elections and referenda. Subsequent voter registration would require NEC to extract data from the NCRA database.
Following the joint exercise, which used the NCRA infrastructure45, a new voter register was expected to be extracted from the new civil registry. Accordingly, the NCRA retrieved data and sent it to the NEC. There were however claims that not all data was sent to NEC, with data relating to several registrants found to be missing. Further, it was reported that the devices did not fully capture the registrant’s details in some instances, especially the photos. The NEC confirmed reports of missing data which it attributed to
43 If the eligibility, identity or residential status of an applicant is in doubt, the Registrar may request him/her to provide any of the following evidences: for nationality, a National ID card, a Sierra Leonean passport, birth certificate, certificate of naturalisation or affidavit indicating Sierra Leonean nationality; for age, a National ID card, a Sierra Leonean passport, Drivers’ License birth certificate or affidavit indicating age; for residence, local tax receipt, bills of public utilities, or affidavit indicating residence. An applicant can also provide non-documentary proof of identity and eligibility when they cannot produce any of the above documents. Acceptable non- documentary proof of identity and eligibility: Declaration by the following people: Paramount Chief, Village Head, Tribal Religious Leader, Town Chief, Head of Educational Institution, Section Chief, Councillor. 44 the Authority was established in 2016 following the enactment of the National Civil Registration Act, 2016. 45 Biometric registration kits and servers. 28 EISA Election Observer Mission Report No 65
faulty registration devices. It further confirmed retrieval of the data from the registration devices. In a press release dated 6 September 2017, NEC reported that before the exhibition, they were aware that 3 735 records of voters in Kono and Western Urban districts were missing some elements of their voters’ data. Some of this data was recaptured during the exhibition inquiry period. The NEC further confirmed that there were 39 276 voters whose records existed and were complete, but the records were yet to be uploaded onto the server. Most importantly, the NEC confirmed that those voters were fully registered and would be able to vote in the elections.46 The NEC uploaded the records in time to allow the voters to exercise their voting right.
Biometric voter registration was conducted across 3 300 polling centers across the country. The NEC had both electronic and manual registers. A total of 3 133 413 voters were registered. The provisional voter register was exhibited in all exhibition centres (previously voter registration centers) in Sierra Leone from 22 June to 27 August 2017. According to the NEC, some of this data, such as the issue of missing photos, was recaptured during this period. The NEC further stated that following the exhibition, the voter register was reviewed with a final figure of 3 178 663 registered voters. This represented 631 989 registered voters from eastern region; 541 949 form the northern region; 490 606 from the northwestern region; 624 822 from the southern region; and 889 297 from the western region. Distribution of the voter identification cards was conducted between 25 November 2017 and 4 December 2017. During that period, the NEC distributed 2 867 130 out of the 3 178 663 cards. The distribution period was extended until the end of February 2018 to allow those who had not collected their cards to do so in time for the elections. The process encountered a setback after Parliament introduced new constituencies leading to readjustment of electoral boundaries to accommodate the new constituencies. The NEC therefore had to reissue new voter ID cards to the affected voters. Some stakeholders consulted expressed disappointment over the inability of the NCRA to complete the civil registration process by issuing a national identity document that would have doubled as a voter’s card.
46 http://necsl.org/PDF/ElectionMaterials/Completed_RegistrationPressRelease2017.pdf, retrieved 30 August 2018. THE pre-election phase 29
Besides initial concerns about the introduction of the NCRA in the process and the accuracy of the process of retrieval of registration data, interlocuters did not raise any issues that would impugn the integrity of the voter registration exercise. Their assessment was that the joint registration process had not affected the quality of the voter register.
This notwithstanding, the NEC is an independent constitutional body while the civil registry process falls under the purview of the executive. As a result, there is a possible impropriety of attempting to tie down an independent constitutional body to processes under the control of the executive, as this may impact on the independence of the former, or perceptions of its independence by stakeholders. Further, such an approach may also compromise the quality of the voter registration.
While most stakeholders were satisfied with the scale and reach of the voter registration process, organisations representing people with disability contended that the processes fell short in terms of the inclusion of persons living with disability.
The Public Elections Act, 201247 provides for the registration of Sierra Leonean citizens in the diaspora. Arrangements for diaspora voting were however not made for the 2018 elections. While noting the operational and financial requirements for diaspora voting, it is however regrettable that eligible voters living abroad remain disenfranchised. The trend globally, in keeping with the principle of inclusivity, and acknowledging that globalisation has seen the geographical spread of citizens, is to ensure that citizens in the diaspora are not disenfranchised by their location.
Further, while the law prohibits persons who are imprisoned pursuant to conviction for a crime or under death sentence from being registered as voters, there is no extension of voting rights for non-convicted prisoners. This is contrary to international standards.48
47 Under section 18 48 Covenant on Civil and Political Rights provides that any person deprived of their liberty shall be treated with humanity and dignity. The article imposes a requirement of separation of prisoners in pre-trial detention from those already convicted of crimes, as well as a specific obligation to separate accused juvenile prisoners from adults and bring them to trial speedily. 30 EISA Election Observer Mission Report No 65
3.3 Political parties and nomination of candidates The PPRC is responsible for the registration of political parties. A party cannot participate in the electoral process unless it is registered with the PPRC. The Political Parties Act (PPA), 2002 reinforces the constitutional provision and outlines its functions. Article 6(2) establishes the PPRC and provides for the registration and regulation of political parties. It further mandates the PPRC to monitor the conduct of political parties, their accountability both to their membership and the electorate, to promote political pluralism, to mediate any conflicts between or among political parties or their leadership, among other roles.49 The PPRC regulates party campaigns and plays a key role in conflict prevention through its powers to mediate inter and intra party conflicts.
Art. 11(2) of the PPA provides for the requirements of registration of a political party. An application to be registered as a political party must be accompanied by: two copies of the party constitution and rules, duly signed by the interim national chairman or leader and by interim national or general secretary of the association; business address of the proposed political party in Freetown and names of persons authorised to accept and issue process on behalf of the party; address of the registered office in each of the provincial headquarters-towns; abbreviation of the name of the proposed political party which may be used on ballot papers; a full description of its symbol, colour or motto; and a non-refundable registration fee of Le. 2 500 000.00.
Upon receipt of the application, the PPRC is required to issue the association with a provisional certificate of registration and publish a notice in a Government Notice not later than seven days after receiving it. The notice shall invite objections from the public regarding the constitution, name, aims, rules, symbol, colour and motto of the association. If no concerns are raised, 60 days after the date of publication of the Government Notice, the PPRC shall register the association as a political party. The party shall not be registered until any objection raised has been disposed of to the satisfaction of the Commission. This procedure makes the process open and transparent.
49 The PPRC consists of a chairman and three other members who shall hold office for five years and shall be eligible for re-appointment. The Chief Electoral Commissioner (the NEC Chairperson) sits as a commissioner on the PPRC. The other members of the PPRC are to be appointed by the President with the approval of Parliament. THE pre-election phase 31
The registration of political parties is continuous. For the purpose of elections, the NEC however determines whether a party is eligible to participate in an election. This is because of the disaggregation of duties: the PPRC’s mandate relates to the registration of parties. Electoral participation is however the domain of the NEC, which is entitled by law to register parties that meet the criteria for participation in the elections. Registration with the PPRC is one of those requirements. No political party that registers with the PPRC after the close of candidate nominations is allowed to participate in the particular election. They can only register with the NEC for electoral participation in future elections. The lack of a deadline for the PPRC to formally register a political party, following the application and before the candidate nomination period, impacts on the right to freely associate. Without proper regulation, it leaves room for manipulation.
There were 18 registered political parties for the 2018 elections. Most of these parties were registered following the 2012 elections, with only six having participated in the 2012 elections.50 Some of the new parties were formed by disgruntled individuals from the two traditional parties (APC and SLPP). They include the NGC, C4C and CDP. The fact that 16 out of the 18 registered parties fielded presidential candidates and 17 parliamentary candidates for the 2018 elections demonstrated the vibrant political culture in Sierra Leone which enables parties to register and operate without undue restriction.
Art. 41, 42 and 75 of the Constitution, and Art. 44 of the Public Elections Act, 2012, stipulate the eligibility criteria for a presidential candidate as follows: one must be a member of a political party; nominated by a political party; a citizen of Sierra Leone by birth; be less than 40 years of age; a registered elector; and otherwise qualified to be elected as a Member of Parliament. Art. 75 and 76 of the Constitution provide for the criteria for eligibility of parliamentary candidates as: one must be a citizen of Sierra Leone (not a naturalised citizen); not be less than 21 years of age; a registered voter; able to speak and read the English language ‘with a degree of proficiency sufficient to enable him to take an active part in the proceedings of Parliament’. Individuals that receive a salary from the Consolidated Fund – ministerial employees, civil servants or teachers employed by state-funded schools
50 these are the APC, SLPP, PDP, NDA, PLP and RUFP. 32 EISA Election Observer Mission Report No 65
– are excluded from standing as candidates unless they have resigned from their post 12 months prior to the date of polling as per Article 76 of the Constitution.51
The timeline given for the resignation of public officers, of a year (12 months) prior to the election date is too long for an employee to stay out of office, considering the weak economic state of the nation. Besides being disadvantageous to all public employees, it places more strain on vulnerable groups like youth, women and PWDs. For the 2018 elections, this was compounded by the late announcement of the election date.
The issue of citizenship dominated the pre-election period in Sierra Leone. The 2018 elections were the first to strictly adhere to the constitutional provision which prohibits holders of dual citizenship from contesting for presidential and parliamentary seats. While it initially targeted the NGC presidential candidate, it also impacted on the candidates for a parliamentary seat, including incumbents, who were not given nominations by their parties despite their desire to participate. Taking note of the constitutional provision, it is important to note that the civil war in the country resulted in mass cross-border migrations with many involuntarily acquiring dual citizenship.
The NEC is responsible for the declaration of the periods for the nomination of candidates. This is provided for under Section 59 of the PEA. According to the Act, ‘the day shall not be more than sixty and not less than thirty days before the day appointed for voting in the elections’’. Accordingly, the nomination period for Local Council Elections was set for 3–14 January 2018. The nomination of candidates running for presidential and parliamentary elections (including Paramount Chief Members of Parliament) was from 17–26 January 2018.
Citizens have a right to object to the nomination of a presidential or parliamentary candidate. Objections for a presidential candidate can be by any registered voter and should be filed in the Supreme Court of Sierra Leone within seven (7) days of the publication of the Provisional List of Presidential candidates. Objections must be decided on within 30 days. Objections to
51 Individuals that do not receive a salary from the public purse, including lecturers and teachers at private schools, are eligible to stand for election without impediment. THE pre-election phase 33
the nomination of a parliamentary candidate can be made by any voter in the electoral area and should be lodged with the NEC through the District Returning Officer (DRO). For the 2018 election, voters were given until 27 January 2018 to lodge objections. Appeals on the decision of the DRO should be taken to the NEC headquarters and subsequently the High Court.52 The decision of the High Court is final in this regard. While several challenges to the nomination of parliamentary candidates were lodged, the NEC denied all of them due to lack of evidence.53
Nomination fees for candidates are set by the NEC. Prior to the 2012 elections, nomination fees were increased by the enactment of the Constitutional Instrument No. 13 of 2012. Following complaints by parties, the president subsidised the candidate’s nomination fees for the 2012 elections. A proposal seeking a downward review of the fees was presented to Parliament but was not passed by the time the Parliament was dissolved on 7 December 2017. 54 Following protests by the parties, the president again subsidised the nomination fees. Candidates therefore paid the same amount of nomination fees as for the 2012 elections.55
While noting the government subsidy on the nomination fees, failure to pass the proposed regulations on nomination fees are a stumbling block to inclusive participation in the electoral process. The current high nomination fees, if maintained, could discourage qualified candidates from vulnerable groups such as women, youth and PWDs from exercising their right to participate in the elections as candidates. In addition, the continuous subsidy by the government, which is not anchored in the legal framework, could be misconstrued as an incentive to entice voters or rival candidates.
52 Any appeal to the High Court can only be lodged in the post-election period following the announcement of the election results. 53 They were objected to on grounds of dual citizenship or late resignation of public officers. 54 the agreed-upon fees by political parties as presented to Parliament are Presidential (Le. 30 Million Leones); Parliamentary (Le. 3 Million Leones); Mayor/ Chairman (Le- 1.5 Million Leones); local Council (Le. 500,000); and Village Head (Le. 250,000). 55 Presidential candidates – 100 million Leones; Members of Parliament – 10 million Leones; Mayors/ Council Chair persons – 5 million Leones; Councilors – 1 million Leones; Village heads - 500,000 Leones 34 EISA Election Observer Mission Report No 65
3.4 Civic and voter education According to international and regional standards, voter and civic education campaigns are essential to create an informed electorate that can effectively participate in the electoral and governance processes.56 In Sierra Leone, the Electoral Commission has a mandate to educate and inform voters about the electoral process. In addition to the NEC, civil society organisations are also accredited to do civic and voter education.
To ensure uniformity in civic and voter education for the 2018 elections, the NEC developed uniform messages, derived from NEC procedures, in partnership with other CSOs involved in voter education. The materials included the civic education manual developed by NEC, in partnership with Search for Common Ground coalition. For the 2018 elections, the NEC disseminated voter education through posters, television and radio stations as well as public bazaars. To ensure the success of the voter registration process, the NEC engaged political parties and CSOs on a voter education process. The process was inclusive throughout, with the NEC holding regular fora for its stakeholders to keep them abreast of events.
Political parties also reported that they conducted voter education during their countywide campaigns to inform their supporters of, among others, their right to vote and why they should vote.
While some stakeholders were confident that civil and voter education was adequate, others noted that limited funds had been provided for the exercise. The high number of invalid votes could thus attest to the deficiency in civic and voter education. Invalid votes were 139 427 (5.2%) and 31 694 (1.24%) of all votes cast for the first and second rounds respectively.
3.5 Election campaigns The NEC is empowered to declare the election campaign period and may for this purpose issue a campaign calendar in consultation with stakeholders. The rights, duties and privileges of political parties and candidates are spelt out in the law, which also provides a mechanism for the handling of grievances related to the campaign period. The NEC is required to prepare
56 U.N. (CCPR), General Comment, para. 11; AU, ACDEG, art. 12. THE pre-election phase 35
a code of conduct and ethics for the campaign period, copies of which shall be availed to all political parties and candidates at least 30 days before the commencement of the campaign period. Acceptance of the nomination documents of each candidate and list of candidates of each political party is conditional upon their acceptance of the code of conduct for the campaigns issued by the NEC.
Accordingly, campaigns for the presidential, parliamentary and local council elections took place for 30 days, from 4 February to 5 March 2018. This notwithstanding, political party campaign posters and other electoral message material were evident in Freetown, and reportedly in most parts of the country before the declaration of the official campaign period. The ruling coalition was accused of taking advantage of the incumbency and having campaign posters and billboards bearing the image of the incumbent president, who was not running for office. This was viewed as both a campaign strategy using state resources as well as an intimidation tactic. Stakeholders from the opposition, and some CSOs, shared that the ruling party has historically benefitted from incumbency, as its officials in government have access to government vehicles, and usually receive more favourable and dominant coverage from the public media.
Interlocutors also pointed out the involvement of traditional rulers in political party activities, both in support for the ruling party as well as opposition in the respective party strongholds.57 Their neutrality is important because they are viewed as the principal source of justice for many voters, particularly in rural areas where they mediate local disputes or refer cases to police or the courts. They also reported that there was heightened political intolerance during both the unofficial and official campaign periods, especially in the party strongholds. Further political parties and candidates complained that their posters had been defaced by their opponents.
The PPRC administers a code of conduct, which political parties sign before participating in an election. Although not legally binding, it enjoins parties to shun violence and electoral malpractice. There are limitations on the capacity of the PPRC to enforce these provisions in the absence of quasi-
57 the 2013 Code of Ethics and Service Standards for Chiefs (to which all chiefs are signatory), explicitly states that chiefs should be neutral in party activities. 36 EISA Election Observer Mission Report No 65
judicial powers, as the judicial route is long and expensive for the PPRC. On 28 February 2018, the PPRC facilitated the signing of a pledge for peace and non-violence by the presidential candidates.
To avoid clashes between political parties, the NEC established a campaign calendar which allocated the available venues to the various political parties at different times. The calendar schedule was largely observed but there were some reported incidences of clashes between the various party supporters. For instance, on the last day of campaigns, a vehicle belonging to the campaign manager of the APC was reported to have been burned down by alleged SLPP supporters in Bo District.
3.6 Role of civil society Sierra Leone has a vibrant civil society which was active and unrestricted in operations for the 2018 elections. The activities, which spanned the entire electoral period, ranged from pre-election assessment initiatives, advocacy for electoral reforms, voter education efforts, election observation, violence prevention as well promoting the political participation of youth, women and PWDs through various interventions.
To avoid duplication and to expand their impact, the majority of CSOs worked in coalitions. The ‘Standing Together for Democracy Consortium’ was a coalition of seven organisations comprising two international and five national organisations. The Westminster Foundation for Democracy (WfD) and Search for Common Ground were the international organisations. Each of the five national organisations focused on supporting specific aspects of the electoral process. The Integrated Regional Information Networks (IRIN) focused on the media; 50-50 group focused on gender; National Elections Watch (NEW) focused on election observation; Inter Governance Reforms (IGR) focused on research; and the Campaign for Good Governance (CGG) focused on advocacy. Due to its wide network, the coalition was dominant in civic education which also engaged in event-based voter education. Other activities included public policy development and dialogue in efforts towards making elections issue-based. Under this and spearheaded by IGR, the coalition developed a citizen’s manifesto.58 The manifesto pushed
58 IGR carried out a nationwide survey with hundreds of youths leading to the Citizens’ Manifesto. THE pre-election phase 37
for political reforms that lead to inclusivity and accountability in political parties’ activities.59 The manifesto also proposed asset declaration by political parties. In support of security for the elections, the consortium partnered with the Office of National Security (ONS) to bring together political parties for security dialogue. They also trained women in peace and security issues at chiefdom and district levels.
The Sierra Leone Debate Organizing Committee, which included the Sierra Leone Association of Journalists (SLAJ), the African Youth Voices Network, PPRC, NEC, IRIN, and the Standing Together for Democracy consortium, was responsible for organising the political debates in Sierra Leone. The thematic candidate debates mainly targeted presidential candidates, youth and women parliamentary candidates. Participating parties in the presidential debate were selected on the basis of whether they had above 25% of parliamentary candidates for the election. Concerns were however raised by parties which failed to meet this criterion. There is a need to consider a more inclusive criterion for participation in the presidential debates in future, to accord all parties an equal opportunity to sell their agenda to the electorate.
The EISA EOM noted with appreciation the National Elections Watch (NEW), the main citizen observer group in Sierra Leone. It comprised 375 organisations60 and had structures across the country. They engaged early in the electoral cycle and were able to observe critical processes of boundary delimitation, voter registration, distribution of voter ID cards and candidate nomination processes. They deployed in all the 11 122 polling stations during both elections. They had an additional 506 observers in sample polling stations to collect data for the Parallel Vote Tabulation (PVT). PVT projections, released following both elections, predicted the official NEC results with a high degree of precision. On election day, the presence of citizen observers from NEW was noted. Their presence gives a sense of national ownership and creates confidence in the electoral process.
59 Among others, it required that presidential candidates and political parties commit to giving 40% of local council and parliamentary nominations to women. It also demands at least a 15% allocation of local council and parliamentary nominations to people under thirty. 60 these include NGOs and faith-based organisations. 38 EISA Election Observer Mission Report No 65
Through advocacy, CSOs played an instrumental role in shaping the electoral process and ensuring that the electoral calendar was respected. For instance, by piling pressure on the executive, civil society organisations advocated for the announcement of the election date after initial delays in doing so. CSOs also made demands for accountability and good governance. They presented position papers to the CRC as well as in response to the government White Paper in response to the CRC report.
CSOs also operated various situation rooms including a women’s situation room, media situation rooms and a civil society situation room which acted as hubs for information sharing and real-time monitoring. The election situation room was set up by the West Africa Network for Peacebuilding to monitor, report, analyse and facilitate response to violent threats to the peaceful conduct of the elections. The women’s situation room deployed 400 observers and 96 peace monitors across the country. It monitored violence through the establishment of a toll-free number 977 where citizens would call and report on any violence or threats against women. The media situation room deployed media monitors around the country. They monitored election media reporting in compliance with guidelines on reporting elections according to the Independent Media Commission (IMC) code of practice. These initiatives greatly enhanced the transparency of the poll.
Civil society organisations reported that the NEC had involved them in all stages of the electoral processes, which enhanced their confidence in the transparency of the EMB in the discharge of its mandate.
3.7 Preparedness of the NEC The 2018 election was the first election to be undertaken independently by the NEC, and the government was to provide funding to cater for logistical arrangements of the elections including staffing as well as the provision of security. Other donors provided technical and material support to the electoral process through the donor basket fund, mainly for the procurement of sensitive materials like the ballots. From an overall budget of $37.7M,61 the Sierra Leone government provided $26.7M while the remaining $8M was funded through the UNDP basket fund. The NEC faced initial funding
61 this was budgeted by NEC for the period between 2016 and 2018. THE pre-election phase 39
challenges which threatened to delay the process. This was however addressed by the government which eventually released funds in tranches to the NEC.
The late announcement of the election date impacted on some electoral processes, including voter and candidate registration, printing of voter’s cards as well as ballot procurement, by limiting the allocated timeline. Aspiring candidates, who by law are mandated to vacate public office 12 months prior to the elections,62 were also impacted by the uncertainty surrounding the election date. This provision had a greater impact on PWDs.
The NEC also suffered other challenges which included a repeat of the boundary delimitation process. This was after a post-delimitation redistricting by the executive63 and names missing from the voter register, with NEC being sued as a result.64 There were also uncertainties regarding the legal challenges facing presidential candidates and the slow judiciary response, with a potential impact on the names on the ballot papers. Despite these challenges, including the delay in announcing the election date, the NEC made reasonable efforts to deliver on the election calendar. The mission noted the delays in the printing of voter’s cards and the steps taken by NEC to ensure that registered voters who did not have these cards were not disenfranchised.
Stakeholders in the electoral process, including development partners, political parties and CSOs, commended the NEC for its transparency through providing regular updates to the stakeholders. It was reported that the NEC held separate biweekly meetings with the political party liaison committee (PPLC) and also biweekly meetings with other electoral
62 According to section 76(1)(b) of the Constitution,‘No person shall be qualified for election as a Member of Parliament—(b)if he is a member of any Commission established under this Constitution, or a member of the Armed Forces of the Republic, or a public officer, or an employee of a Public Corporation established by an Act of Parliament, or has been such a member, officer or employee within twelve months prior to the date on which he seeks to be elected to Parliament’. Qualification as a Member of Parliament is a prerequisite for qualification as a Presidential candidate. 63 Changes in the number of administrative units before the initial boundary delimitation report had been passed necessitated NEC to redo the process in the affected areas. This is further expounded in the chapter on Boundary Delimitation. 64 the NEC was taken to court over names missing from the register. There was also another case where a lawyer sued the NEC and Speaker of Parliament over the registration of voters based on the old delimitation. 40 EISA Election Observer Mission Report No 65
stakeholders including civil society organisations (CSOs) and security forces. The mission is of the view that this approach to open communication with stakeholders ensured transparency in the electoral process, which fosters trust. Stakeholders consulted by the EISA EOM in the pre-election period, including all political parties, affirmed their confidence in the NEC as a professional body capable of conducting an impartial election.
The NEC recruited over 85 000 ad hoc staff at the district level, to serve in the 11 200 polling stations across the country. The number was however reduced to around 63 000 for the runoff election. The staff were trained between 14 February and 4 March. The training, which relied heavily on the NEC polling and counting procedures manual, was cascaded down using Training of Trainers methodology. For the runoff elections, staff were retrained on all aspects of the polling and counting procedures. Focus areas included the completion of forms, queue control and voting by security and polling officials. This was because of the conduct of polling staff during the first round of elections which could be attributed to the high number of invalid votes. There was noted confusion regarding polling by security personnel and polling officials as well as the filling of forms. The NEC also intensified voter education in the run-up to the runoff election to address the issue of high numbers of invalid votes. Election Phase and 4 Post-Election Phase
4.1 Polling Day (7 March 2018) ▼ 4.2 Developments between 7 March 2018 and 31 March 2018 4.3 Polling Day 31 March 2018 ▼ 4.4 The Post-Election Phase
▼
4.1 Polling day (7 March 2018) The EISA EOM deployed its observers to five regions,65 where they visited 61 polling stations spread across eight districts.
Opening of the poll and voting process Voting was scheduled to start at 07:00 and end at 17:00. EISA observers reported that polling stations opened on average at between 07:05 and 07:45 due to delays in preparations by polling officials. The opening procedures were also conducted with limited lighting in several of the stations visited.
Polling centres were in the same locations where voter registration took place, and included schools, churches and in some cases open spaces around the country. The NEC allocated voters to polling stations on the basis of 300 voters per station with a maximum of 400 voters per station. However, the last polling station in a centre had voters allocated on a remainder basis. This meant that the remainder of votes in the last polling station might have been less or more than 300 but not more than the maximum threshold of 400 voters.66 Voters were assigned to polling stations in alphabetical order.
65 Bo, Freetown, Kenema, Makeni, and Port Loko 66 this could vary depending on the number of voters assigned to the polling centre. For instance, a centre with 685 registered voters would have two polling stations, with the first and second stations having 300 and 385 voters respectively. A centre with 750 voters would have three polling stations with 300, 300 and 150 voters respectively. 41 42 EISA Election Observer Mission Report No 65
This made the management of the process easier and ensured adequate time was provided to each voter to cast their ballot. Accordingly, it was observed that each voter took an average of 6 minutes to complete the process. Some teams however reported observing too many polling stations per centre, which in some instances caused overcrowding in front of the centres which were difficult to manage. This slowed down the process, considering the number of elections running simultaneously.
While voters are only allowed to vote in the centres where they are registered, an exception was made for those on official election duty. Specifically, the polling staff and police working away from their registered polling stations could vote in the centres where they were on duty. The police in this regard were allowed to vote only for presidential elections while the polling staff could vote for up to each of the four elections, based on whether the polling centre where they were stationed was within the same constituency or ward as the polling centre where they were registered.67
Following the voter identification process, the identification officer was required to handwrite the voter’s details in the supplementary list to the register of voters.68 It was reported that this directive was not uniformly applied in all polling stations. Further, these special provisions were not extended to other categories of voters who were providing other essential services on election day. The mission noted that while the system enfranchised the deployed officials, it could be open to misuse by unscrupulous officials. It is therefore important to ensure effective collaboration with all concerned, in this case the NEC and SLP, to ensure that a pre-authorized list or register of all concerned officials is provided beforehand.
There were efforts by the NEC to make the process inclusive to persons with disabilities (PWDs) through the construction of ramps in polling stations.69 EISA observers reported that 73% of the stations visited were accessible to PWDs.
67 If in the same constituency but in a different polling centre they could vote on both the presidential and parliamentary lists, and if within the same ward they could in addition vote for both chair/ mayor and councillors; but if in a different ward they could not vote for councillors. However, if in a different constituency they could vote only in the presidential election. 68 Information required in the supplementary list was: the voter card number; surname, other names; sex; date of birth; address; occupation; father’s and mother’s names; and voter finger print or signature. 69 Prior to election day, it was reported that 126 ramps were constructed. election phase and POst-Election Phase 43
The observers noted the discipline and civility of voters in the majority of the polling stations which was indicative of their commitment to participate, as well as cooperation with polling staff.
Polling staff, party/candidate agents and security forces The NEC had assigned seven polling officials per polling station.70 EISA observers confirmed that the full complement of staff was present in all visited polling stations. The team further observed the engagement of women as polling staff. They comprised 42% of the polling staff in all polling stations visited. Polling staff demonstrated professionalism and competence in the execution of their duties.
Election day was largely peaceful with isolated reports of incidents that were contained in a timely manner. Security personnel present at polling centres mostly acted professionally. There were however several security concerns that occurred just before and following polling, which were potential threats to the existing peace and security in the country. If they had not been well managed, these incidences would have negatively impacted on the elections. One incident at the SLPP’s candidate’s Maada Bio’s office on the evening of election day involved heavily armed policemen. These policemen surrounded the office over allegations that it was in possession of IT equipment which was to be used by the SLPP to hack the NEC’s system. Their attempt to enter the premises led to a standoff with SLPP members and supporters present. Thanks to the presence of high-level international dignitaries, including the EISA Head of Mission, the situation was de-escalated.
Security forces imposed and enforced a vehicle ban on election day. The ban was first imposed during the 2012 elections and was informed by security concerns. It was thus aimed at averting violence and disorder on election day. While it was largely observed by all stakeholders, the ban was criticised as curtailing freedom of movement, which is a right granted by the Constitution.71
70 Presiding officer, polling station queue controller, voter identification officer, ballot paper issuer 1 (presidential and parliamentary ballot papers), ballot paper issuer 2 (chair/mayor and councillor ballot papers), ballot box controller 1 (presidential and parliamentary ballot boxes) and ballot box controller 2 (chair/ mayor and councillor ballot boxes). 71 Section 18(1) of the Constitution of Sierra Leone 44 EISA Election Observer Mission Report No 65
For the 2018 elections, the SLP reported that the decision to have the ban was informed by the report of the national elections threat assessment undertaken by the security sector, which predicted threats of potential election day violence. Only NEC accredited vehicles were allowed on the road, in addition to the government vehicles which were provided to ferry voters free of charge. Although concerns were raised about the risk of misuse of the directive by the ruling party,72 with some parties like the SLPP threatening to defy the ban, it was largely observed by all political parties.
Party agents were present in all polling stations visited. However, only the party agents of the APC, SLPP and NGC were consistently represented in all the polling stations visited by EISA teams. Female party agents comprised 10% of the total agents encountered.
The ballot and election materials EISA observers noted that there was timely distribution of an adequate quantity of electoral materials to all polling stations in the visited polling stations.
The secrecy of the ballot was guaranteed in most of the stations visited and election materials were available throughout the day. The mission observed that the ballot was user-friendly. Ballots for the four elective positions were individually coloured with photos of the candidates, their names and party symbols for ease of identification of the preferred candidates by voters. Concerns were, however, raised about the placing of candidates on the ballots. Unlike the previous elections, candidates were placed according to the full names of political parties as opposed to their acronyms. This seemed to have been to the advantage of the APC candidate over the ADC candidate. It is therefore important to ensure a standard procedure of placing candidates to avoid perceptions of bias.
There were concerns by stakeholders that 18% excess ballots were a lot. An additional concern was that, while accounting for the ballots is provided for, timelines for the destruction of the excess ballots are not provided.
72 Concerns were raised by opposition parties and some CSOs that the ruling party would take advantage of the ban and use government vehicles to engage in electoral malpractice like ballot stuffing. election phase and POst-Election Phase 45
Elections for several constituencies, wards and municipalities were not held due to printing errors on ballot papers, including missing names and pictures of candidates. Cancelled elections were: parliamentary elections for Constituency 123 in Western Area Urban district; mayoral elections in Bonthe Municipal Council, Bonthe district; local council elections in ward 353, Pujehun district; and local elections in 055 ward, Kenema district. Elections in these areas were deferred to 27 March 2018. The NEC’s swift action to address the issue of missing ballot papers was commendable.
The voters’ roll Observers noted that the voter register was available in all visited polling stations and that political parties had their own copies. There was also a blank supplementary register provided at all polling centres. This register, distributed to the last polling station, was to be used for voting by the polling staff and security officers deployed away from their registered polling stations. Several observers reported voting by some of the deployed security forces and polling staff which adhered to the stipulated procedures.
Though there were concerns that some registered voters might be disenfranchised for not being in possession of voter’s cards, these concerns did not materialise on election day. EISA observers noted that persons whose names appeared on the register but did not have their voter cards were allowed to vote after presenting an attestation from the NEC, and in some cases, voters were required to provide additional documents that verified their identity.
Independent election observers The presence of citizen observers is an important indicator of the transparency of an election. The mission observed the presence of citizen observers at all the polling stations visited. NEW observers were present in all visited polling stations. International and citizen observers were granted unrestricted access to the polling centres and were allowed to conduct their duties without interference.
Closing and counting processes The official closing time for polls was 5.00 pm. EISA observers reported that because of the late opening, visited polling stations closed on average between 05:05 and 05:45. Voters in the queue at the closing time were allowed to vote. 46 EISA Election Observer Mission Report No 65
The mission noted that the process was transparent as all authorised persons (party agents and observers included) were granted access in polling stations visited and allowed to observe the closing and counting. The counting and reconciliation process was within their view with no discrepancies noted. However, they noted the lack of a proper lighting system during the counting process.
The closing and counting procedures were largely followed with the staff exhibiting competence in their duties.
As stipulated in the Elections Act, party agents who were present at the count consented to and signed the Reconciliation and Result Form (RRF) and a copy was posted outside the station by the presiding officers. The practice of positing results at polling centres dispels any suspicions around the manipulation of electoral results and builds the electorate’s confidence in the results.
The Mission observed overall compliance with stipulated procedures for opening, voting, closing and counting.
4.2 dEvelopments between 7 March 2018 and 31 March 2018
Aggregation of results EISA observers visited five regional tally centres.73 The process was off to a slow start as officials waited for materials to be transported from the different areas. The aggregation process was also slow due to too many procedures which delayed the process. The results were first received at the District Electoral Commission where they were packed before being forwarded to the tabulation centres.
Tallying of the election results was decentralised at the five regional locations. The procedure included material intake, data entry, form review and audit then the archiving of results. According to the tally and results procedure manual, at the material intake level, the district election officers are responsible for arranging the safe delivery of the tamper evident envelope (TEE) from each polling station to the tally centre. The TEEs should arrive in
73 Freetown (NEC Data Center at Wellington); Bo (Bo District Council Hall); Kenema (Kenema District Town Hall); Makeni (Makeni Town Hall) and Port Loko (Port Loko District Council Hall). election phase and POst-Election Phase 47
secure ballot boxes, bundled per polling centre, accompanied by a completed material transfer form (MTF). Upon arrival, an intake team receives the material and makes several checks. These include: checking that the seal numbers of the ballot box/materials transfer box matches the accompanying MTF; inspecting each TEE to ensure that it has not been opened, damaged or tampered with; and registering the TEE in the database using the polling station code. This is followed by data entry by the IT team which checks for, among others, the presence of the correct number and type of reconciliation and results forms (RRF) for the polling station, and the codes on each RRF, and confirms that all RRFs belong to the correct and same polling stations. The data entry clerk then enters the serial number of the RRF to the allocated space and checks that all required fields on the form are completed. This is followed by the form review and audit by the form clerk review to ensure that the data input makes mathematical sense, upon which data is cleared for archiving by the archive clerks. The results for the four elections are then finalised per polling station.
The layout of the tally centres and the above procedures stipulated by NEC did not facilitate direct observation of the procedures or easy interface between officials and observers. Observers depended on the figures projected on the screens. Similar observations were made by political parties who noted that observation of the tallying process was not transparent as party agents and observers were only allowed to observe from a glass window. They were not able to witness the screening of the results to ascertain accuracy. In addition, most of the observers and candidate agents were not regularly briefed on what was going on. The compilation procedures thus lacked transparency and verification measures to ensure correct data capturing of information from polling stations.
While tallying was ongoing, several political parties complained that irregularities had taken place on election day.74 They therefore made formal complaints through letters to the NEC which outlined the alleged irregularities and also asked for recounts and in some instances invalidation of results. In response, the NEC granted requests for recounts in a total of 154 polling stations. However, the results did not reveal major discrepancies in the initial count.
74 these parties included the APC, SLPP, NGC, C4C and PMDC. 48 EISA Election Observer Mission Report No 65
The overall time frame for receiving returns on results and announcing the final results appeared long and could easily generate unwarranted anxiety and speculation. Indeed, meetings with interlocutors before and after election day attested to the discomfort around the need for a candidate to obtain 55% + of the vote in order to be announced winner. Most of the stakeholders met motivated for a system where a candidate obtains at least 50 +1% majority share of the vote to be declared winner.
Complaints process and dispute resolution Resolution of disputes arising from the election is provided for through the courts which comprise the Supreme Court, the Court of Appeal and the High Court.75 The High Court has jurisdiction over parliamentary election petitions while the Supreme Court has jurisdiction over the presidential election results. Challenges to the parliamentary election results can be lodged with the High Court within 21 days of the announcement of the results. Petitions against the High Court decision can be lodged at the Court of Appeal, which is the final arbitrator, within 14 days. Petitions against the presidential results should be lodged at the Supreme Court within 7 days following the announcement of the election result. A timeline for the determination of the cases for all courts is, however, not provided. In line with the Constitution and the PEA,76 an Electoral Court was created by the judiciary to handle criminal matters arising during elections, for instance campaign- related violence. The Elections Court was given six months to conclude the determination of all cases.
On 20 March 2018, a Sierra Leonean lawyer, acting as a private citizen, filed a complaint at the High Court alleging fraud in the electoral process. He sought a forensic audit of the entire electoral process and systems, as well as a recount of the ballots cast in the four elections conducted on 7 March 2018. He further sought an injunction to suspend the March 27 presidential runoff until the substance of the case was finalised. The High Court issued a temporary injunction on 24 March restraining the NEC from conducting the runoff elections, with the matter scheduled to return to court on 26 March, a day before the elections. In the interim, the NEC was ordered to suspend
75 An independent judiciary headed by the Chief Justice is provided for under Chapter VII of the Constitution (Section 120 (3). 76 Section 131(3) of the Constitution and Sections 137 and106-134 of the PEA. election phase and POst-Election Phase 49
the logistical preparations for the runoff elections. Though the temporary injunction was vacated on 26th March, the NEC was unable to conduct the election on 27 March as it needed to complete the preparations that were suspended in compliance with the temporary injunction. The NEC thus requested for an extension of the 14-day deadline for holding a runoff, which the court granted. The runoff election was thus postponed to 31 March.
While vacating the temporary injunction, the High Court directed the NEC to comply with specific procedures in the conduct of the runoff election. Subsequent to this, the NEC lodged a case with the Supreme Court challenging the jurisdiction of a High Court to rule on issues relating to a presidential election. The case was however not heard before the runoff elections. As the institution mandated with interpretation of the Constitution, the Supreme Court failed to provide clarity on the way forward.
There were also legal uncertainties about the tenure of the incumbent president as the SLPP insisted that the president’s tenure ended on the 27 March 2018, which marked the 14-day time limit for the conduct of a runoff election. The issue was however not brought before the courts.
The EISA mission noted the numerous court cases during the electoral period. These cases not only disrupted the process, but in some instances caused delays and uncertainties. This was compounded by reluctance of the judiciary to expedite election-related cases, which raised questions among stakeholders about their impartiality. For instance, the case on the determination of Yumkella’s citizenship, which had a bearing on his candidature, remained unresolved beyond election day. The lengthy process may have impacted on his performance because of the uncertainties caused by the nature of the case.77 The case further dragged on beyond the 30 days deadline. The runoff elections were delayed following a court case challenging the conduct of the first round of elections.
Announcement of the results The law does not provide timelines for the announcement of election results. Section 52(2) of the 2012 Public Elections Act provides that ‘As soon as
77 one has to be a citizen of Sierra Leone to be eligible to vie for the presidential seat. The case challenged his citizenship since it alleged that he had dual nationality. 50 EISA Election Observer Mission Report No 65
possible after receipt of the result of the counting of votes under subsection (1), the Returning Officer shall tally and compute the results certified to him by the various Presiding Officers and shall after that declare the result of the election.’ Noting that precision would take precedence over speed, the NEC announced that it would release the results progressively following tabulation. The first results would be released after the tabulation of 25% of the votes from all districts, followed by the announcement after tabulation of 50% and 75%, then the final results.
There was an initial delay in the announcement of results which was attributed to reconciliation problems.78 The first results representing 25% of the tabulated results in all districts were thus released on 10 March with subsequent 50% and 75% released on 10 and 11 March respectively. The final presidential results were announced on 13 March 2018, six days after the elections. The first four candidates garnered a total of 96.4% of the total valid votes as follows: Julius Maada Bio of Sierra Leone Peoples Party (SLPP) – 42.7%; Samura Kamara of All Peoples Congress (APC) – 43.3%; Yumkella Kandeh of the National Grand Coalition (NGC) – 6.9%; and Samuel Sam-Sumana of the Coalition for Change (C4C) – 3.5%. The rest of the 12 candidates received 3.6% of votes collectively.
Since none of the candidates received 55% of the valid votes as required by law, a runoff between the APC and SLPP candidates was declared and scheduled for 27 March 2018. Local elections that were not conducted on 7 March 2018 (where ballot papers were missing as well as one where an APC candidate died, in Bo), were also scheduled to be conducted at the same time as the presidential runoff on 27 March 2018.
Following deliberations with political parties, recounts were ordered in 154 polling stations. Results from these polling stations were included in the final
78 During the keying-in of results, some polling station results were rejected due to a mismatch between the serial numbers for ballot paper and RRF forms. It was noted that during the distribution of the materials, the RRF forms were not matched with specific ballot papers. In this case, RRF forms belonging to say polling station 01 were distributed to polling station 03 in the same centre. Subsequently, the results were rejected, and it took a while to match the serial numbers of ballot papers with the appropriate RRF forms while keying in data. As a remedy, during distribution of materials for the runoff, RFF forms were clearly marked according to polling station numbers to tie in with the serial numbers of the corresponding ballot papers. election phase and POst-Election Phase 51
results. Results from 221 polling stations were annulled and thus not included in the final results. These include 26 stations in the South, 109 stations in the North, 54 stations in the East and 32 stations in the Western provinces. NEC attributed the annulment to over-voting, whereby the number of votes cast exceeded the number of registered voters in these polling stations, as well as other electoral malpractices. The NEC noted that voting by security personnel across polling stations and the non-compliant use of the supplementary register contributed to over-voting in these stations.79
While the law mandates the NEC with announcement of final election results, it does not prohibit other entities from announcing provisional election results. On 9 March, NEW released a statement which predicted a runoff election based on its PVT results.80 Some political parties blamed the runoff elections on predictions by the NEC. They claimed that the prediction had put pressure on the NEC to conform, hence the announcement of a runoff.
General context and campaign for the runoff election The period following the announcement of results was characterised by heightened political tensions. The tense political atmosphere was fueled by the increased use of ethnically-motivated speeches by political leaders, coupled with incidents of inter-party violence as well as incidents involving NEC staff. In particular, there was an attack on NEC staff by political party supporters in Bo District on 15 March.
As previously indicated, the High Court gave a directive for the NEC to comply with specific procedures in the conduct of the runoff election. This received mixed reactions from the two political parties participating in the runoff election, and the NEC. This resulted in a stalemate with contentious issues being the SLPP had reservations about the deployment of security inside the polling station during tallying as provided in the court ruling; and the APC demanded that section 94 of the Public Elections Act should be
79 nEC had authorised security personnel deployed to the polling stations to vote in the particular polling stations where they were deployed. There were however reports that other security personnel, not deployed in the polling stations, also voted. 80 http://nationalelectionwatchsl.org/wp-content/uploads/2018/04/RUN-OFF-PROJECTION- RELEASE.pdf 52 EISA Election Observer Mission Report No 65
complied with to the letter. This implies that the NEC should set up district tally centres, as opposed to their proposal to have district desks/ centres at each regional tallying centre. The SLPP sought to know why the NEC had requested four more days since it had lost only three days between the issuing of the injunction and its vacation by court; and the APC questioned the capacity of the NEC to conduct the runoff elections to a logical conclusion, urging that it should not be pressurised by any external forces to announce the date. The party advised that the NEC should ask for more time if that is what it would take to fully comply with the law.
Mediatory efforts by the African heads of international election observation missions81 succeeded in bringing the SLPP, APC and NEC together to address their complaints and seek a way forward for the runoff election to take place. Issues agreed upon during the meeting, which charted the way forward for the conduct of the runoff election, included:
• That the Presidential runoff elections would be held on Saturday 31 March 2018 • That the NEC would comply with the High Court ruling issued on 26 March 2018 relating to the conduct of the runoff election • The parties committed to ensure a peaceful election • That a technical committee comprising technical staff from both parties and the NEC would be set up to deliberate on modalities for compliance with the provisions of Section 94 of the Public Elections Act, 2012 • Administrative issues by the NEC aimed at enhancing transparency of the process, included allowing two agents per political party; providing tamper evident envelopes (TEEs) to party agents alongside the copies of the results; making provisions for security personnel and party agents to vote at the last polling station in every centre; and making provisions for security agents to be present at the count and to escort polling materials, be put in place. The Commission committed to being more deliberate about the
81 these are His Excellency, Professor Amos Sawyer (ECOWAS), His Excellency Kgalema Motlanthe (AU), His Excellency John Mahama (The Commonwealth), and His Excellency, Dr. Goodluck Jonathan (EISA). election phase and POst-Election Phase 53
use of the supplementary register which will have pre-set numbers that should not be exceeded. In this regard, NEC asked for a list of the security personnel who would be on duty on election day and would be expected to vote. The NEC also committed to using a parallel tally system using both manual and electronic transmission procedures.
Despite these efforts, there remained contentions over the interpretation of and NEC’s compliance with Section 94 of the Public Elections Act, 2012.82 While the NEC’s interpretation of the section guided their decision to conduct district tally procedures at regional tally centers, the interpretation by the APC informed their demand for the NEC to establish district tally centres physically located in the 16 districts.83 This contentious issue heightened the tensions which extended to election day and on to the tally process, causing a two-day delay in tallying the presidential runoff results.
Following the first round of elections, the SLP announced that it was investigating over 200 cases of electoral offences committed on election day. Some cases targeted NEC officials who were alleged to have committed electoral malpractices, including the executive secretary. On 21 March 2018, the NEC reported that the SLP had unwarrantedly entered NEC premises unannounced, had interrogated NEC staff at random, and obstructed them from performing their duties. Through a public statement, the NEC condemned the confrontational nature of the visits terming them as acts of intimidation against some of their staff. The NEC warned that if
82 Section 94.(1) Upon receipt of the statement of the result of the poll from all the polling stations located in the district, the District Returning Officer shall compile a summary of all the statements of the results returning from the polling stations concerned and certify as many copies as may be required of each summary to the Regional Returning Officer showing the number of votes cast for each constituency candidate or, as the case may be, each candidate in any other election held on the same day. (2) Certified copies of the summary compiled under subsection (1) shall be supplied to observers or counting agents present at the office of the District Returning Officer. 83 regarding compliance with Section 94 of the PEA, 2012, NEC noted that their interpretation was that District Returning Officers were required to certify the results. The law, according to NEC, does not explicitly refer to the physical location of the district tally centre. The decision to have district specific desks/ centres within the regional centres was mainly influenced by the resources availed as well as logistical convenience. It was agreed that the two parties should meet with NEC at a technical level to come up with modalities for compliance. They further noted that if the interpretation of Section 94 of PEA, 2012 was that they need to be physically located at the districts, then they are not adequately prepared for that, logistically or financially. 54 EISA Election Observer Mission Report No 65
sustained, the attacks on its staff could delay and obstruct its preparations for the presidential runoff election. In response, the SLP issued a public statement justifying its actions by indicating that the visits were part of the investigations.
In sharp contrast to the lead-up to the elections on 7 March 2018 when stakeholders expressed confidence in the NEC as a credible election umpire, the period leading up to the high-stakes runoff election was characterised by increased political intolerance and increased attacks on the institutional credibility of the NEC by political parties and the police.
Several issues were also raised by political parties regarding a discrepancy between the names on the voter register provided to the parties and those on the NEC register. The NEC responded and noted that the names appearing on the NEC website did not match those on the voter register given to political parties. In its defence, NEC advised that the problem was encountered when the parties tried to sort the data on the website. They used single instead of multiple sorting, which distorted data resulting in the variance in the names and age of voters. NEC however noted that when summed up, the numbers in both registers did not vary. NEC noted that they planned to share the file containing the original data with political parties.
The NEC made considerable operational and administrative effort to prepare the election in a challenging and fluid political and legal environment. It introduced changes in its procedures to accommodate demands by political parties as well as comply with the 26 March 2018 ruling of the High Court. However, cumulatively the challenges served not only to discredit the NEC and its ability to conduct credible polls but also to discredit a process that had so far been lauded as largely peaceful and credible.
4.3 Polling Day 31 March 2018 EISA deployed a Technical Assessment Mission (TAM) for the runoff election. Observers were deployed to the Western Region with one team observing in the Western Urban district and the other in Western Rural district. The teams made the following observations: election phase and POst-Election Phase 55
Opening of the poll and voting process Observers reported that visited polling stations opened on time. However, the opening witnessed a low voter turnout. Compared to the first round, there were either few people in the queue or no queue at all.
Because voting was for only one elective position, the time to process a voter was remarkably short compared to the first round, with one voter taking an average of three minutes to complete the process.
Polling staff, party/candidate agents and security forces The full complement of five staff were observed in all polling stations. The staff demonstrated professionalism and competence in the execution of their duties. Following the first round of elections, the NEC noted that it would retrain staff on all aspects of the polling process but with specific emphasis on the filling of forms and the use of the supplementary register.
The mission noted with concern the aggressive behaviour and demanding attitude of party agents. Party agents made demands on presiding officers to follow steps that were not included in the NEC’s guidelines, thus putting pressure on NEC officials. In three instances, the EISA team witnessed the aggressive eviction of a citizen group, the Common Cause, by rowdy party agents on the grounds that they were fake observers. In some instances, the agents had their way, while in other instances the military asked both the rowdy agents and the observers to leave the polling station. EISA observers thus reported that they were forced to leave several polling stations in the Western Urban Area, due to the violence that broke out at the polling station because of confrontations either between party agents or between the agents and citizen observers.
In contrast with the first round, the presence and behaviour of security forces was observed to be overbearing and intrusive as armed military personnel were inside the polling stations giving directions to NEC staff in conducting their work. An EISA team was denied entry at the polling centre in SOS Primary School, Beach Road, by the police on grounds that the accreditation badges issued before the elections on 7 March were no longer valid. The team was later granted access after it called the NEC. The mission also noted increased vigilance by the security officers at checkpoints along major roads, 56 EISA Election Observer Mission Report No 65
unlike during the 7 March election, which included physical checks of vehicle trunks and permits. Generally, an atmosphere of intimidation was observed in some of the stations visited, as security officials were high-handed in their engagement with the voting process and were also inconsistent in the application of procedure.84
Despite an initial low voter turnout observed during the opening (there were no queues compared to the first round), as well as early morning, a substantial number of citizens came out to vote. Polling stations visited from the afternoon had recorded over 60% turnout, with over 200 of the 300 registered voters turning up to vote.
The ballot and election materials EISA observers reported that there was timely distribution of electoral materials to all polling stations in the visited polling stations. The materials were also adequate.
The secrecy of the ballot was guaranteed in most of the stations visited and election materials were available throughout the day.
The voters’ roll As a result of the association of the supplementary list for special polling for NEC staff and security forces with the cancellation of results in some areas, the NEC outlined new measures for special voting by these groups. It was noted that the NEC would provide a pre-authorised list of the people who were to vote in the last polling station (NEC staff, party agents, police and military deployed to the polling centres). However, contrary to this pronouncement, the list was not provided. Some presiding officers noted that a ceiling of the voters had been provided based on approximate numbers, while in other polling stations, the presiding officer noted that the polling centre manager (PCM) would collect the names of the polling staff, agents
84 For instance, at the MAFA Field (Open Space) polling station police arrested NEC polling staff who did not have IDs, following complains by party agents. Some journalists were also injured during the incident. Polling was temporarily stopped at the polling station but later proceeded. In other polling stations, however, NEC staff were observed undertaking their duties without IDs. At the Hisbullah Islamic School and Annie Walsh Memorial School, Kissi Road, the EISA team witnessed armed security personnel threatening to shoot persons at these polling stations who did not obey their instructions. election phase and POst-Election Phase 57
and security personnel and avail the list to the polling officials in the specific polling station.
Independent election observers Citizen observers from NEW were present in all visited polling stations. Other citizen observers represented the Common Cause. However, the mission observed the Common Cause representatives being chased aggressively from polling stations by rowdy party agents who claimed that they were fake observers.
Closing and counting processes The mission observed that the counting process was faster considering that they were counting only presidential ballots for two candidates. In line with new procedures announced by the NEC, party agents were issued with tamper evident envelopes (TEEs).
There was however a stand-off during the tallying between the NEC and political parties over the tallying process. The APC held all ballot boxes at the district offices and demanded that the NEC should physically tally the results at the district level.
The country experienced a loss of the internet on polling day. It was restored at noon on 1 April.
4.4 The post-election phase
Aggregation of runoff election results There was a delay in results aggregation due to disagreements over the method of counting between the NEC and the participating parties, the APC and SLPP. The APC demanded that NEC should comply with section 94 of the Public Elections Act.85 They thus demanded the physical tallying
85 According to section 94.(1) , ‘Upon receipt of the statement of the result of the poll from all the polling stations located in the district, the District Returning Officer shall compile a summary of all the statements of the results from the polling stations concerned and certify as many copies as may be required of each summary to the Regional Returning Officer showing the number of votes cast for each constituency candidate or, as the case may be, each candidate in any other election held on the same day.’ (2) states that ‘Certified copies of the summary compiled under subsection (1) shall be supplied to observers or counting agents present at the office of the District Returning Officer.’ 58 EISA Election Observer Mission Report No 65
of results at district tally centres with the district returning officer certifying the results before moving the ballots to the regional tally centres. The NEC however maintained that the law did not require them to have physical tally centres at the district level and would instead tally results per districts at the regional tally centres. The party also demanded that the NEC should abandon its results tally process as it was not trusted, and demanded the NEC use simple Excel sheets to tally the results and transport the Excel sheets physically to the regional and national tally centres. This stalemate that saw the APC prevent the transportation of ballot boxes to the regional tally centers by holding them in the districts, resulted in halting the aggregation on both 1 and 2 April. Tallying resumed on 3 April after an agreement between NEC and the two parties was arrived at on 2 April. It was mediated by the Heads of International Observers Missions comprising former President John Mahama of Ghana (Commonwealth); Kgalema Motlanthe (African Union); and Dr. Amos Sawyer (ECOWAS).
The parties agreed that:
• The Reconciliation and Results Forms (RRFs) which are by law the basic documents for tallying election results, would be entered first into the NEC existing tally 2018 system up to and including the archive stage. • The NEC would implement a further process in the regional tally centres where polling station results would be data entered into an Excel spreadsheet by NEC staff using a stand-alone computer. • If there is any discrepancy revealed between the Excel summation and the district results from the 2018 tally system, the 2018 tally figures will take precedence and will be used by the NEC in the compilation of final election results.
The mission noted that aggregation of results was fast-tracked following the agreement, with election results announced on 4 April.
Complaints process and dispute resolution arising from the runoff election According to the law, any registered voter had seven days to petition the Supreme Court over the results. In line with the provided timelines and following the declaration of the result of the Presidential runoff election, two separate petitions were filed at the Supreme Court of Sierra Leone on 10 April. election phase and POst-Election Phase 59
The first petition was filed by Dr. Sylvia Blyden. It sought to nullify the results of the election on grounds that the voters’ register contained irregularities and that voting in SLPP strongholds was marked by the intimidation of APC supporters. It further sought for a fresh election within 90 days and the appointment of the Speaker of Parliament as head of state until then. The respondents were President Bio, SLPP and the NEC. The second petition was filed by the former presidential candidate of the APC, Samura Kamara. He jointly filed the petition with the APC vice chair, Alhaji Minkailu Mansaray, and the national secretary general, Osman Foday Yansaneh. The petitioners requested a declaration that the electoral commission acted illegally when it included results of polling stations where overvoting was recorded. They further requested that a new result be declared after such polling stations were weeded out of the final tally. The respondents were the chair of NEC, the NEC and President Bio. At the time of writing the report, a ruling on both cases (which have since been consolidated on grounds that they both seek annulment of the outcome of the presidential election on 31 March) was yet to be made.
A total of 53 petitions against the election of MPs were reported. The allegations ranged from incidences of overvoting, voting disruption and ballot stuffing, among others. These included 32 against SLPP MPS and 21 against APC MPs.
Announcement of the final results On 4 April 2018, Julius Maada Bio was declared winner of the runoff election with 51.81%, while Samura Kamara secured 48.19% of the total valid votes. In line with the Constitution86, Mr. Bio was immediately sworn in as president of the Republic of Sierra Leone after he was declared the winner.
86 According to Section 42(3) of the Constitution, a person elected to the office of president under this section shall assume that office on the day upon which he is declared elected by the returning officer, or upon the date that his predecessor’s term of office expires, whichever is the latter. 60 EISA Election Observer Mission Report No 65
Table 3: 2018 Presidential elections results
First and Political Results Second Round party Elections Candidate First Round Second Round Bio, Julius Sierra Leone 1,097,482 43.26% 1,319,406 51.81% Maada People’s Party (SLPP) Kamara, All Peoples 1,082,748 42.68% 1,227,171 48.19% Samura Congress Matthew (APC) Wilson Kandeh National 174,014 6.86% Yumkella Grand Coalition (NGC) Samuel Sam- Coalition for 87,720 3.46% Sumana Change C4C) Mansaray, Alliance 26,704 1.05% Mohamed Democratic Kamaraimba Party (ADP) Ngobeh Gbandi Revolutionary 12,827 0.51% Jemba United Front (RUFP) Musa Citizens 11,493 0.45% Tawawally Democratic Party (CDP) Charles Francis People’s 9,864 0.49% Margai Movement for Democratic Change (PMDC) Mohamed Bah National 8,344 0.33% Democratic Alliance (NDA) Mohamed United 5,695 0.22% Sowa-Turay Democratic Movement (UDM) election phase and POst-Election Phase 61
O’Dwyer National 4,239 0.17% Patrick John Progressive Democrats (NPD) Conteh Kandeh Peace and 4,233 0.17% Baba Liberation Party (PLP) Claudius-Cole Unity Party 3,825 0.15% Josephine (UP) Olufemi Saa Henry United 3,061 0.12% Kabuta National People’s Party (UNPP) Williams Republic 2,555 0.10% Beresford National Victor Independence Party (ReiNIP) Sandy Jonathan National 2,318 0.01% Patrick Unity and Reconciliation Party (NURP)
Source: National Electoral Commission 62 EISA Election Observer Mission Report No 65
The post-election context The post-election period was characterised by tensions between the APC and SLPP which had been brewing since the announcement of the results of the first round of elections. Incidences of violence erupted87 following the announcement of the winner of the presidential runoff election. This prompted the president, together with the APC candidate, to establish a cross-party committee to address the political violence.
The fifth parliament of the Republic of Sierra Leone has 146 seats. For the first time in the history of the country, the ruling party failed to have majority in parliament. The main opposition party, the APC, has the majority of members with 68 seats. The ruling SLPP, on the other hand, won 49 seats. It was followed by C4C and NGC with 8 and 4 seats respectively. Independent candidates won the remaining 3 seats. Parliament also has 14 paramount chiefs. The APC however does not have an absolute majority.
Parliament witnessed a chaotic first day in office. This was as a result of injunctions granted against 15 APC MPs whose results had been petitioned. In effect, this prohibited them from taking the oath of office and subsequently from participating in the elections of the Speaker and Deputy Speaker.88 This sparked outrage among APC MPs who protested against their removal from the chambers. Consequently, all APC were forcefully removed from the chamber and thus did not participate in the election of the Speaker and the deputy, who were elected in their absence. The NGC MPs abstained from the election which they considered unconstitutional. This action was condemned by ECOWAS and the Special Representative of the United Nations, Secretary- General, who called for a prompt, timely, fair and independent adjudication of the grievances and pending petitions.
If not kept in check and well managed, the tensions and confrontations between the ruling and main opposition parties have the potential of threatening the peace of the county and also negatively impacting on the much-needed development and economic recovery of Sierra Leone.
87 In Freetown, Kenema and Makeni regions. 88 The first order of business after taking oath of office is the election of the Speaker and Deputy Speaker. Cross-cutting 5 Issues
5.1 Participation and representation of women, ▼ persons with disabilities and youth 5.2 Security ▼ 5.3 The media ▼
5.1 Participation and representation of women, persons with disabilities and youth Inclusivity is a key value of democratic politics. It ensures that all citizens regardless of their gender, age, physical ability, socioeconomic status or education are granted an opportunity to vote for their preferred candidates as well as run for elected office. This right as well as the right to participate in policy making and debates is protected in international and regional treaties to which Sierra Leone is party.89
Gender issues While the legal framework provides for equality before the law, there is no legal provision that expressly provides for affirmative action. There have however been unsuccessful attempts to legislate on affirmative action as a means of increasing representation of women in the political sphere. These attempts include the development of the Gender Equality Bill, which is yet to be enacted. The Truth and Reconciliation Commission Report of 2004 as well as the CRC report of 2017 made proposals for the establishment of an independent women’s commission for the advancement of women and girls, and a minimum 30% quota for women in elected offices and all decision-
89 these include: Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979), International Covenant on Civil and Political Rights (ICCPR 1966), Convention on the Rights of Persons with Disabilities, ratified in 2008, and the African Charter on the Rights of Women in Africa (Maputo Protocol) 2003. 63 64 EISA Election Observer Mission Report No 65
making positions, among others. The recommendation for a 30% quota for women made by the CRC was not accepted in the government White Paper. Failure to consider the proposals and implement the Bill shows a lack of political will to increase the numbers of women in decision-making positions.
While there are no legal provisions for affirmative action, political parties have also not shown commitment towards gender parity within their own party systems to promote women’s representation.
The lack of an enabling legal framework notwithstanding, several efforts were made by stakeholders aimed at supporting their participation prior to and during the 2018 elections. Through the 50-50 group, the Search for Common Ground consortium engaged in a weekly programme, the woman to woman program, to encourage women to participate. The Women Forum, an umbrella organisation for women, trained women aspirants and also sensitised women on the need for political participation. In addition, and as part of its strategy, the security sector committed to protecting female candidates nominated by political parties. There was also the Women Situation Room which helped in creating a better environment for the participation of women through the establishment of a toll-free number for reporting incidences of violence against women. There were also efforts to bring the women together to talk about their manifestos to the citizens. Women’s debates featuring women representing various political parties, including APC, SLPP, ADP, C4C and CDP were held in various regions. They helped in increasing the visibility of the women who were able to discuss their manifestos and talk about their position on key thematic areas of concern to the country.
While more women expressed willingness to participate in the electoral process as voters, fewer participated as candidates across the various elective positions. Women constitute 52% of registered voters in Sierra Leone but on average make up less than 30% as candidates for the various elective positions. Only two (12.5%) of the 16 presidential candidates were women with four (25%) nominated as vice presidential candidates. Out of the 795 parliamentary candidates, 100 (13%) were women. Eight (18.6%) women candidates out of 43 candidates ran independently. Out of the 2 623 local councillor candidates, 464 (17.7%) were women. cross-cutting issues 65
Although the number of elected female MPs increased from 15 in 2012 to 18 in the 2018 election this did not mark any significant improvement since the percentage was retained at 12% (12.3%). There was also an increase in the number of elected female local councillors from 52 (13.4%) to 73 (15%). It is important to note that the increase in the number of elected women in both elective positions was against a backdrop of increased constituencies and wards. Following the boundary delimitation of 2017, the constituencies increased from the previous numbers which applied in 2012. The constituencies increased from 112 to 132 while the wards increased from 394 to 489 in 2017, which may explain the increase in the numbers of elected women. There were however gains for women in the elections with the election of the first woman mayor in 38 years, elected in Freetown.90
Persons with Disabilities (PWDs) Political rights of PWDs are guaranteed in the 1991 Constitution, 2012 Public Elections Act as well as the Disability Act of 2011.91 For the 2018 elections, the NEC took some proactive steps towards the inclusion of PWDs. These included publication of a Disability Policy (NECDiP)92 in 2015 as well as the establishment of a Disability and Gender Unit in 2015. The NEC nominated one of the five commissioners to take responsibility for the inclusion of PWDs. In this regard, NEC provided tactile ballot guides93 for visually impaired voters to guarantee the secrecy of their vote. A total of 126 ramps and benches were constructed across the country which improved access to polling stations for PWDs, enabling many to exercise their franchise in both rounds of elections.94 The NEC also convened workshops for PWDs aimed at both apprising them on voter education, accessibility issues in regard to
90 Dr. June Holst-Roness was the other female mayor elected in 1977-1980. 91 Sections 15-28 of the Constitution; Sections 15(1) and 74 of the Public Elections Act; and Section 29 of the Elections Disability Act 92 the NEC Disability Policy (NECDiP) is designed to: (1) remove barriers which prohibit the full participation of persons with disabilities as voters and candidates; (2) ensure that voters with disabilities are afforded their full rights as citizens, including their rights to vote and to be voted for; and (3) develop a pattern of electoral inclusiveness for persons with disabilities in electoral processes. 93 they were introduced in 2007 elections. However, since they were not used, NEC did not provide them in the 2012 elections. 94 The ramps were built over steps, up to difficult doorways and across rainwater drains at schools, courts and other venues. Benches were installed at 16 centres as a resting place, particularly for those on crutches and the elderly. http://www.sl.undp.org/content/sierraleone/en/home/presscenter/ articles/2018/03/13/accessible-elections-.html 66 EISA Election Observer Mission Report No 65
registration and polling stations and also obtaining their views on how the process could be improved to enhance their participation. On election day priority voting was provided for the PWDs.
There were also efforts by various CSOs to support the participation of PWDs. SLUDI mobilised PWDs for registration. In partnership with WfD, SLUDI also facilitated financial and technical support to encourage PWDs to get out and vote.
There were however no deliberate efforts by political parties to enhance political participation of PWDs, for instance through providing quotas of symbols (candidate nominations) for PWDs or provision of campaign funding for PWDs. As a result, none of the political parties fielding candidates for the various elective positions nominated PWDs. This discrimination serves to further disadvantage and marginalise the PWDs. While the 2015 Census results indicate that 93 129 persons are disabled, there is a lack of disaggregated data by the NEC to include PWDs, which limits interventions targeting them. The legal framework governing political participation of PWDs is also limiting as it does not provide for affirmative action towards their political inclusion.
Youth Youths are defined as persons between the ages of 15 and 35 years95in the National Youth Policy and National Youth Commission Act 2009. They constitute approximately 1.7 million in Sierra Leone, 34% of the estimated population. Further, at a structural unemployment rate of 60%, youth unemployment in Sierra Leone remains a major social problem.96The high unemployment rate coupled with high illiteracy rates of the youth increases their vulnerability to negatively engage in the political process. With high stakes associated with the elections, especially in instances where incumbents have ended their terms, the youth are likely to be politically exploited and to cause violence in the electoral process. This is further impacted by the fact that the nation emerged from a protracted civil war in 2002 in which many
95 the National Youth Policy and the National Youth Commission Act 2009 96 Ministry of Youth Affairs Sierra Leone, National Youth Programme 2014–2018 http://www. nationalyouthcommission.sl/pdf%20files/blue%20print.pdf cross-cutting issues 67
youths engaged as combatants. The association between political and social disenfranchisement of the youth and the conflict in Sierra Leone should thus inform the engagement of the youth in political decisions.97
The rights of Sierra Leonean youth are enshrined in the 1991 Constitution of Sierra Leone and the treaties related to the youth to which Sierra Leone is signatory. In addition, youth political engagement is guided by the National Youth Policy of 2003 amended in 2012, and the National Youth Commission Act No.11 of 2009. The main goal of the Youth Policy is to ‘contribute to creating a more conducive environment in which youth development and empowerment interventions can sustainably achieve their desired objectives and realise its long-term outcomes’. The policy further creates specific instruments for supporting and promoting youth issues at the district level through the creation of District Youth Councils (DYCs).98 To achieve their objective, these legal structures however need to be empowered and financially resourced. The National Youth Commission Act, 2009 established the National Youth Commission (NAYCOM). The object of the commission is to empower the youth to develop their potential, creativity and skills for national development. Whilst the existence of these two structures is encouraging, they do not provide specific mechanisms through which the active participation of youth in the political arena and decision-making processes can be realised.
In support of the political participation of the youth, the CSO consortium engaged with first-time voters on voter education activities. The activities involved the engagement of the NEC in conducting a simulated voting process. The Center for Coordination of Youth Activities (CCYA) also engaged with the youth to resist violence though training them on transformational leadership. Through their nationwide structures, they organised activities including radio and TV talk shows targeting youth voters. They also engaged first-time voters on electoral education and non-violence.
97 Prior to the conflict, decades of political disenfranchisement, underinvestment and a traditional gerontocracy in rural areas had created a generation of frustrated, marginalised young people among which the Revolutionary United Front (RUF) found many willing recruits when it entered the country in 1991 http://restlessdevelopment.org/file/youth-participation-in-council-decision- making-narrative-pdf [accessed on August 30th 2018]. 98 these are tasked with identifying major youth concerns, needs and opportunities in their district and identifying programmes that can be recommended for funding and support. 68 EISA Election Observer Mission Report No 65
There was an increase in the participation of young people in the 2018 elections, an indication of the eagerness of the youth to embrace democracy. There was also an increase in youth nominated at the local council level, which accounted for 50% of all candidates nominated. However, only 15% were female.99
5.2 Security The Sierra Leone Police (SLP) have the primary responsibility for internal security. During the elections, however, all security institutions play a role in support of the SLP to assist them to cope with any challenges that may arise. In line with this, the Office of National Security (ONS) spearheaded and coordinated a national security initiative called the Integrated Elections Security Planning Committee (IESPC). The IESPC was established through a National Security Council directive of 2014. This was created to provide a framework within which security sector institutions can be adequately prepared, engendered and resourced to perform election security related duties.
Through a national consultative exercise the IESPC developed the national elections threat assessment/ district risk mapping for the 2018 elections.100 It aimed at guiding the deployment of security resources, before, during and immediately after the elections and ultimately enhancing the security of the 2018 polls. It also aimed at highlighting potential hotspots around the country. Based on this report, the ONS issued a ban on vehicle movement on election day except for persons on election duty whose cars had been cleared by the NEC and issued vehicle passes. The ban affected Freetown and major cities in Sierra Leone. However, arrangements were made for free transportation of voters to polling centres on election day, to ensure that voters were not discouraged from going out to vote. There were however concerns raised by opposition political parties before the election regarding the use of government vehicles on election day as a way to increase the movement of the representatives of the ruling party at the expense of opposition parties. While the vehicle ban was largely respected, it was not clear whether the provision of vehicle passes to parties could have given an undue advantage to the governing party.
99 http://nationalelectionwatchsl.org/2018/01/30/nomination-press-statement-2018/ 100 the consultative engagement was undertaken in all the 16 electoral districts of Sierra Leone. cross-cutting issues 69
One of the initiatives by the IESPC was the development of a training manual for the security sector on election violence and security for the 2018 General Elections. The manual was also used in training the security personnel involved in securing the elections to know their responsibilities during the entire electoral process.
In the pre-election period, interlocutors reported that the security concerns shared with security forces related to societal tendency to intimidate non- members or women, especially in party stronghold areas. Concerns were also raised about ritual murders for political purposes, heightening political intolerance within societies which are not open to opposing views, partisan village elders, as well as the use of social media to provide fake news and hate speech messages. Further concerns were raised about the disproportionate use of force by police on unarmed citizens, especially during the campaign period.
EISA assessment on the conduct of security forces The EISA Mission commends the efforts by the ONS to put in place a framework for the planning, training and coordination of election security. It provided an opportunity for the various stakeholders in the security sector to collaborate towards securing the electoral process. Further, adequate numbers of security personnel were deployed during both rounds of the election. This notwithstanding, the mission noted with concern the conduct of the security agencies which in a number of instances raised doubts about their political neutrality. Their attacks on opposition candidates and supporters, aggressive behaviour especially during the runoff election, and attacks on INEC staff point to a lack of neutrality. The importance of security forces in behaving in an independent, proportional and professional manner cannot be over emphasised as this is a critical realisation of electoral integrity. Their conduct thus not only impacted on public confidence and perception but also threatened the very process they were charged with safeguarding, which can precipitate violence. It is therefore imperative that, in future, security agencies ensure that electoral integrity is not compromised by either their behaviour or a perception of their interference, to avoid political destabilisation of the country. 70 EISA Election Observer Mission Report No 65
5.3 The media Freedom of expression is a fundamental human right and is vital for democracy. The Constitution of Sierra Leone guarantees freedom of speech, of expression and of the media. These are critical civil and political rights vis-à-vis the electoral process. Chapter II of the Constitution, which deals with Principles of State Policy, provides guidance on media issues. It states that, ‘The press, radio and television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Constitution and highlight the responsibility and accountability of the Government to the people.’ The Electoral Law also enjoins the management of the public broadcaster, the national radio and television, to ensure that each candidate and each political party has access to airtime at these institutions during the campaign period. In line with this, it was reported that the public broadcaster allotted free airtime to the various candidates and political parties. Concerns were however raised over the coverage of the ruling party’s events by the president as these were deemed to be campaign activities.
The Independent Media Commission Act of 2000, as amended in 2006 and 2007, provides for the regulation of media in Sierra Leone by the IMC. Its members are appointed by the president on the advice of SLAJ and subject to the approval of Parliament. The IMC provides an alternative to litigation under the Public Order Act; aggrieved parties can register complaints with the commission, which grants them a hearing. If the IMC agrees that a complaint of defamation or falsehood is valid, it can impose a fine as well as require the offending outlet to publish a retraction and an apology. The IMC can also summon editors at its own discretion. As part of its regulation of the work of the media, it also regulates hate speech and is expected to improve fairness in media coverage, especially during political campaigns.
The Media Reform Coordinating Group (MRCG)101 ran a media situation room which reported to the IMC. It reported an improved quality of political advertisements (jingles) and reduced instances of hate speech, incitement and intimidation. This was attributed to the directive not to air advertisements which were deemed to contribute to hate speech. It was also attributed to
101 It represents all media houses and includes representatives from SLAJ, Women in the Media, Sierra Leone Reporters Union, Guilds of Editors, Ministry of Information and Mass Communication of the Fourah Bay College. cross-cutting issues 71
the training conducted by the group for media houses on electoral reporting, which included training on sensitive reporting. According to the MRCG, 83 % of media institutions published and broadcasted contents that complied with guidelines on reporting elections as per the IMC code of practice.
SLAJ, in partnership with other organisations, conducted a national dialogue series to discuss issues of national concern such as the economy and health, through experts. The dialogues were to help sell the discourse of issues as opposed to individual-based politics and were meant to lead up to the presidential debate. In this regard, thematic political debates mainly targeting presidential candidates, youth and women parliamentary candidates were convened. They were instrumental in increasing the visibility of the candidates as well as providing a platform for them to reach a wider audience in selling their manifestos.
Apart from the public media there are also private media outlets, some of which are owned by political parties and were said to report along party lines. There are three TV stations (one state owned and two privately owned), over 42 radio stations and over 40 daily papers country wide. The emergence of social media is increasingly becoming a widespread medium for communication, including campaigns in Sierra Leone. However, it is difficult to monitor social media, especially for hate speech and false news. Due to the lack of regulations in how to handle the social media wave, a ban of cellphones and any digital storage devices for the national tallying centre was imposed by the NEC. This directive, aimed at controlling information flow from the tally centre, was not challenged by stakeholders and was thus observed.
Stakeholders in Sierra Leone, in both civil society and opposition political parties, raised concern over the partiality of the public media (Sierra Leone Broadcasting Cooperation – SLBC) which is publicly funded and which appeared biased in favour of the incumbent political party, despite the legal framework. It was also reported that there is weak control by the IMC over the media.
The Mission noted the freedom of media in Sierra Leone which allowed the press to operate in a relatively free atmosphere. It commended the efforts by the various media stakeholders to regulate election reporting and advertising, 72 EISA Election Observer Mission Report No 65
leading to an improved quality of advertisements as well as reduced hate speech monitoring. Other commendable efforts were those of the media to disseminate and enrich political discourse by conducting policy-based debates. The debates were inclusive as they targeted candidates for the various elective offices, including the presidential, as well as from both genders. The mission was however concerned about the increased use of social media in elections. While it can be used positively to inform political discourse, social media can also be misused to spread false information about the elections with dire consequences, if not properly countered. Modalities for regulating the use of social media during the election period would be useful and would have prevented the ban on the use of digital devices at the tally centres. The mission was further concerned about the possible misuse of the free airtime allocated by the public broadcaster, especially by the political party in government, in instances where there is a lack of clear demarcation on what constitutes campaigns by the ruling party, as was the case during the elections. Conclusion and 6 Recommendations
6.1 Conclusion ▼ 6.2 Recommendations ▼ ▼
6.1 Conclusion The 2018 multi-tier elections in Sierra Leone were largely conducted in line with the national legal framework as well as sub-regional, continental and international standards for democratic elections. There is however room for improvement in the legal framework to further level the playing field.
While polling was largely peaceful in the first round of the elections, the lead up to as well as the runoff elections were characterised by heightened tensions with several security concerns and incidences of violence. There was a sharp contrast in the conduct of the security forces during both rounds of the elections. They acted professionally without any interreference in the polling process during the first round of elections. However, their behaviour during the runoff elections was observed to be intrusive and oppressive, especially the military. Armed military inside the polling station were observed issuing orders to the NEC staff. Further, the post-election period was characterised by tensions and confrontations between the ruling SLPP and opposition APC members and supporters. These issues were a threat to the existing peace and security in the country and should be avoided in future. The security agencies play a critical role in securing the elections, and as such it is vital that they conduct themselves within the parameters of the law and prescribed guidelines. Any behaviour deemed partial on their part would not only be detrimental to the process but would also form a basis for non-acceptance of the outcome by any losing party.
73 74 EISA Election Observer Mission Report No 65
Both rounds of elections witnessed an impressive voter turnout at 2 67 549 (84.2%) and 2 578 271 (81.1%) of registered voters for the first and second rounds respectively. This demonstrated the eagerness and commitment of the people of Sierra Leone to contribute towards the democratisation of their county through making a decision on the leadership of the nation.
In both rounds of the elections, NEC did a commendable job under difficult circumstances. These included an initial lack of financial resources; delay in announcement of election date; repeat of the boundary delimitation process; postponement of the registration process; and numerous legal battles. Despite these challenges, the NEC delivered on its election calendar. The NEC enjoyed high levels of confidence as a credible election umpire from all electoral stakeholders, including political parties, prior to the first round of elections. In sharp contrast, however, the period leading up to the high-stakes runoff election witnessed increased attacks on the institutional credibility of the NEC by political parties and the police. These culminated in several petitions against elected members, including the presidential result, with the NEC as a respondent. Apart from a few inconsistencies in the application of procedures, polling personnel demonstrated competence in the execution of their mandate with their overall conduct judged as professional.
6.2. Recommendations
6.2.1. To the NEC 1. Enhance transparency in the management of the electoral process. The NEC should manage the process in a transparent and professional manner, including paying attention to information management to avoid suspicion and misinformation. Decisions should be communicated to all stakeholders and where possible shared on the NEC website for public consumption. 2. Enhance the transparency of the vote tallying process. The NEC should consider improving the transparency of the tallying process to ensure that observers, party and candidate agents are privy to the details of information received and being processed at the Tally Centre. 3. Review compilation procedures. Compilation procedures should be reviewed to allow for verification measures. For instance, the results, not just serial numbers on envelopes, should be read out before data conclusion and recommendations 75
entry. This would make for the much-needed transparency. The NEC should also consider simplifying the ballot reconciliation and counting procedures to make it less tedious and easier for polling personnel, observers and monitors. 4. Develop new regulations and update existing ones to better operationalise some of the electoral laws, for instance regulations on boundary delimitation. 5. Enhance civic and voter education. The NEC can consider developing voter education curriculums targeting different groups for ease of comprehension. The target groups can include women, youth, PWDs (including for the hearing and visually impaired) as well as first time voters. Targeted voter education will most likely impact positively on understanding if it considers the realities and uniqueness of each of the group. 6. Decongest polling centres. The NEC should consider having fewer polling stations per centre. Having many stations in one small room inside a polling centre, for instance, can be hard to manage and can compromise the secrecy of the ballot. 7. Improve accessibility for PWDs. There is need to upscale the ongoing efforts towards inclusive participation of PWDs in the electoral process, including the accessibility of all polling stations and NEC offices for wheel-chair bound citizens (as well as access to buildings of law enforcement and the judiciary as key institutions in the electoral process). There is also need for the continuous implementation of the N EC D i P. 8. Enhance political participation by vulnerable groups. The NEC can consider introducing measures and public funding to enhance the political participation of vulnerable groups like women, PWDs and youth. 9. Make arrangements for progressive diaspora voting. The NEC can consider establishing polling centres in select West African states and gradually increase the centres within and beyond the region over the years. 10. Vehicle restriction regulation. The NEC should reconsider the ban on vehicle movement as this creates unnecessary tension and suspicion. Consideration should be made to include and find a good balance between security needs and voters’ rights in the application of restrictions on vehicle movement 1 1. Finalisation of the civil registration process. The NCRA should finalise the civil registration process that started in 2017 and put appropriate 76 EISA Election Observer Mission Report No 65
steps in place to effectively register births and deaths. This will further strengthen the credibility of the voter register for future elections.
6.2.2. To Parliament/Executive 12. Legal framework review. There is need to review the legal framework to address the identified gaps and inconsistencies. The review should align the national law guiding elections with regional, continental and international treaties to enable the NEC conduct elections in line with these set guidelines and best practice. As a first step, Parliament should revisit the report of the CRC and begin the process of constitution review deliberations early in the life of the incoming parliament. 13. Lower threshold for determination of the winner in presidential election. Parliament should consider the adoption of a lower threshold for determining the winner of presidential elections. To also address the issue of ethnic politics, further criteria to ensure a national spread of votes regionally for the winner of the presidential election should be considered. 14. Regulate campaign finance. The legal framework should be reviewed to strengthen the regulation of party and campaign finance. 15. Strengthen the role of PPRC. The powers of the PPRC to effectively regulate party finance and administer the code of conduct should be strengthened. 16. Promote representation of women. In line with article 9(1b) of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, which Sierra Leone has ratified, the legal framework should be revised to provide affirmative action to promote the representation of women in elective positions. 17. Promote representation of PWDs and youth. The legal framework should be revised to provide affirmative action to promote the representation of PWDs and youth in elective positions. 18. Streamline electoral timelines. There are several timeline inconsistencies which, if not well managed, could lead to a crisis. Parliament should thus consider the alignment of timelines for different activities and procedures that have an impact on the electoral process. These include: - Streamline timelines for the enactment of any law that has an impact on boundary delimitation to ensure that no law is enacted after the finalisation of the process. conclusion and recommendations 77
- Provide for timelines for the registration of political parties by the PPRC to ensure that parties that have applied and qualify for registration before elections are duly registered in time for the nomination of candidates. - Streamline timelines for candidate nomination, in case of the disqualification or death of a candidate, with other electoral timelines to allow for timeous replacement of candidates. - Align provisions on the swearing-in of a president-elect with timelines for the resolution of petitions to a presidential election. This will prevent a scenario where an election is nullified after a president has been sworn in. 19. Revise timelines for the resignation of public servants to participate in elections. The timeline for the resignation by public servants to vie for elective office is considered discriminatory against those less financially able. Parliament should consider reducing the period from 12 months prior to elections to allow for more interested individuals, including women, youth and PWDs, to participate. 20. Allow for presidential candidates to run as independents. Like other elective positions, candidates seeking to vie for the presidential office should be allowed to decide whether to do so through a political party or as an independent. 21. Provide timelines for the resolution of electoral challenges to presidential results. 22. Revise candidate nomination fees. Parliament needs to pass the proposed regulations on nomination fees to allow for inclusive participation in the electoral process. The current high nomination fees, though continuously subsidised by the government, discourage qualified candidates from vulnerable groups such as women, youth and PWDs from exercising their right to participate in the elections as candidates. 23. Regulate campaign financing. Parliament should enact a campaign finance law to regulate campaign expenditure to introduce caps on expenditure and track sources of campaign finances. Parliament should also regulate the use of state resources for campaign purposes to prevent the misuse of state resources for campaigning, especially by the political parties in power. 24. Review the law to allow prisoners to vote. Parliament should consider reviewing the law to allow for non-convicted prisoners/ prisoners on remand to vote. 78 EISA Election Observer Mission Report No 65
6.2.3. To the Political Parties 25. Affirmative action to enhance inclusivity. Political parties should provide for affirmative action to promote the participation and representation of vulnerable and underrepresented groups such as women, youth and PWDs. Parties should also promote the participation of these groups within the party structures including decision making and leadership positions. 26. Strengthen internal democracy within parties to allow for effective dispute resolution. Parties should also ensure that dispute resolution mechanisms within the party are implemented and exhausted before higher justice mechanisms like the courts are explored. 27. Develop and implement policies that promote coexistence and tolerance. Political parties should implement policies on hate speech, intimidation and violence. They should further have strong mechanisms for dealing with any violations of these policies and the electoral code of conduct by party members and support. ANNEXURES
Annexure A
EOM First Round Group Photo
TAM Group Photo 80 EISA Election Observer Mission Report No 65
Annexure B
EOM DEPLOYMENT PLAN
Observer Observer Nationality Area of Accommodation Driver and Team Names Deployment Details Car Details Mission H.E. Goodluck E. Nigeria Freetown Atlantic Lumley Driver: Leadership Jonathan (ML) Mohamed Team Denis Kadima DRC Senesie (DML) Car plate No. Ikechukwu Eze Nigeria LIZ111 (ML AIDE)
Technical Magdalena Kieti Kenya Freetown Radisson Blu Driver: Team Olufunto Nigeria Hotel Mohammed Akinduro Wurie
Car plate No. Path finder AMS 878
Secretariat Randrara Madagascar Freetown Radisson Blu Driver: Rakotomalala Hotel Shekhu Jaloh Noxolo Gwala South Africa Car plate No. ANI 232 SHORT-TERM OBSERVER TEAMS Gervais Cote Freetown Radisson Blu Driver: Coulibaly D (Mr) d’Ivoire (Western Area) Abubakar Team 1 Sesay Melvis Ndiloseh Cameroon (Ms) Car plate No. AH1478
Casimir Cisse Senegal Port Loko Name of hotel Driver: (Mr) (North West MJ Motel Amara Sesay Team 2 region) – 2 hours Hotel contact: Mamadou Thiam Guinea- Mamadou Pimbo, (Mr) Conakry +23278358962 annexure B 81
Crispy Kaheru Uganda Makeni Name of Hotel: Driver: (Mr) (Bombali) D and S Resort AlieKargbo Team 3 (Northern Hotel region) – 3 Car plate No. Ruth Bropleh Liberia hours Hotel contact: ANA627 (Ms) +23276617475
Samboujang Njie Gambia Kenema – Name of Hotel: Driver: (Mr) (Eastern region) Sarah Jalloh’s Mohammed Team 4 – 2.5 hours place Serry
Sa’adatu Bowsan Nigeria Hotel contact: Car plate No. (Ms) Bernard, ANL514 +232793517
Gifty Mante (Ms) Ghana Bo (Southern Name of Hotel: Driver: region) – 3 Doha Hotel SaioThalley Team 5 hours and travel Augustine Liberia to Kenema on Hotel contact: Car plate No. Tamba (Mr) E-day (Moliba) +23279944444 ANA 259 82 EISA Election Observer Mission Report No 65
Annexure c
EOM DEPLOYMENT MAP
TEAM 2 TEAM 3 (Port Loko) (Makeni) Casimir Cisse Crispy Kaheru Mamadou Thiam Ruth Bropleh
Makeni
Port Loku
Freetown
Moyamba
Bo
0 50km
TEAM 1 TEAM 4 TEAM 5 (Freetown) (MOYAMBA) (Bo) Melvis Ndiloseh Samboujang Njie Gifty Mante Gervais Coulibaly Sa’adatu Bowsan Augustine Tamba Annexure D
EISA ELECTION OBSERVER MISSION TO THE 2018 GENERAL ELECTIONS IN SIERRA LEONE
Observer Briefing and Orientation Programme
DAY ONE – 3 MARCH 2018
TIME TOPIC PRESENTER/FACILITATOR 09:00 – 9:15 Welcome and introduction Denis Kadima, Deputy Mission Leader of EISA EOM 09:15 – 09:30 Welcome remarks H.E. Dr Goodluck Ebele Jonathan, Mission Leader 09:30 – 10:30 Understanding the EISA concept, rationale and methodology of election observation
· Observation vs monitoring
· Rationale and methodology of observation
· International and regional benchmarks for elections
· Code of conduct (Signing ob- server pledge) 10:30 – 10:45 Group Photo & Tea/ Coffee Break 10:45 – 12:15 The legal framework Legal expert and political analyst (Panel) and the political context of the 2018 elections in Sierra Leone 84 EISA Election Observer Mission Report No 65
12:15 – 13:15 Civil Society Organisa- Citizen observer group and the Sierra tions: Perspectives on Leone Association of Journalists (SLAJ) the electoral process and actions in preparation for the 2018 elections 13:15 – 14:15 Lunch 14:15 – 15:15 Civil Society Organisa- Women group, youth group, and people tions: Perspectives on with disability group the electoral process and actions in preparation for the 2018 elections 15:15 – 16:00 Security brief: state of The Sierra Leone Police and the Office of preparedness National Security (Panel)
16:00 –16:45 Introduction to the use of EISA smart tablets
16:45 – 17:00 Housekeeping, tea break and end of day one
DAY TWO – 4 MARCH 2018
TIME TOPIC PRESENTER/FACILITATOR 09:00 - 10:00 Roles and responsibilities EISA of STOs
10:00 – 10:15 Tea/ Coffee Break 10:15 – 11:45 The State of Preparedness NEC and Readiness of the NEC for the 2018 elections in Sierra Leone 11:45 – 12:45 Use of checklists on ODK EISA 12:45 – 13:45 Lunch 13:45 – 14:45 Use of checklists on ODK EISA 14:45 –16:15 Use of checklists on ODK EISA 16:15 – 16:30 Tea/coffee break 16:30 - 17:15 Deployment Briefing & EISA distribution of deploy- ment supplies 17:15 End of day two and of the briefing and orientation programme Annexure E
EISA Technical Assessment Mission Schedule
Wednesday and Thursday: 21-22 March 2018 TIME EVENT Agenda Venue Attendance Remarks All day Arrival – Olufunto & Ilona 10:00 – Coordination Atlantic Olufunto, 11:00 meeting with Hotel Magdalena, Olufunto on Christina Wednesday morning Friday – 23 March 2018 All day Arrival of ML and some observers Observation Depending of campaigns on time of and court arrival of proceedings observers Saturday – 24 March 2018 09:30 Briefing Perspective on the Atlantic All To be 17:00 sessions electoral process: Hotel members of Confirmed the team · NEC
· NEW
· Women’s group
· Legal analyst Sunday – 25 March 2018 12:00 – Meeting Bintumani ML, Ilona, Confirmed 13:00 of Heads Hotel Olufunto, of Mission Magdalena with SLPP Candidate Madaa Bio 86 EISA Election Observer Mission Report No 65
TIME EVENT Agenda Venue Attendance Remarks 14:00- Civil society To issue their all Confirmed 15:00 press position on the members of conference recent court EISA TAM judgment 14:00- Meeting ML’s office ML, Ilona, Confirmed 15:00 with APC Olufunto, candidate Magdalena and party leaders 15:30- 16:30 17:18:00 Meeting ML’s office ML, Ilona, Confirmed with NGC Olufunto, candidate’s Magdalena Dr. Spencer running mate Dr. Spencer Running mate Observation Melvis and of campaigns Mamadou Monday – 26 March 2018 09:00- Meeting of Preparations for Bintumani ML, Ilona, 09:30 Heads of the election Hotel Olufunto, Missions Magdalena with the NEC 9.45 – Courtesy The role of the ML, Ilona, 10.15 Visit to judiciary and Olufunto, Supreme pending court Magdalena Court (Chief cases Justice) 14:45- Courtesy PPRC office ML, Ilona, 15:20 visit to PPRC Olufunto, Magdalena 16:00- Courtesy Election Security Inspector 16:30 Visit to the General’s Inspector office General of Police 16:00- Visits to Situ- TBC 18:00 ation Rooms annexure E 87
TIME EVENT Agenda Venue Attendance Remarks 18:00- Meeting Overview of the Bintumani ML, Ilona, 19:00 Heads of electoral process Hotel Olufunto, Missions Magdalena Travel to Melvis & Port Loko Mamadou Tuesday 27 March 2018 All day Election day Wednesday 28 March 2018 10:00- Debriefing 15:30 session and departures Thursday – 29 March 2018 Close of mission 88 EISA Election Observer Mission Report No 65
Annexure F
Preliminary Statement
EISA Election Observation Mission to the 2018 Elections in Sierra Leone
Preliminary Statement
The EISA Election Observation Mission commends the people of Sierra Leone for turning out in large numbers to register their will on 7 March 2018. In the absence of an incumbent in the presidential race, the presidential election seems to be one of the most keenly contested in the post-civil war period. The EISA EOM notes the efforts of the different institutions to guarantee the integrity of the elections. On election day, voter turnout was impressive and the conduct of polling personnel was professional. There were technical glitches that necessitated the postponement of elections in 18 polling stations. Election day proceeded in a largely peaceful manner albeit with isolated incidents that were immediately addressed. The EISA EOM is of the view that the process up until the end of the first day of tallying has so far been conducted substantially in line with sub-regional, continental and international standards although there is room for improvement, especially in the legal framework to further level the playing field.
The EISA EOM urges the people of Sierra to remain calm while they wait to see the process through. We call on political leaders to show true leadership by respecting the rule of law throughout the results tally process.
1. Introduction The Electoral Institute for Sustainable Democracy in Africa (EISA) deployed an Election Observer Mission (EOM) to the 7 March 2018 elections in Sierra Leone. The EISA EOM was led by His Excellency, Dr. Goodluck E. Jonathan, former President of the Republic of Nigeria as the Mission Leader, and Mr. annexure F 89
Denis Kadima, EISA’s Executive Director, as the Deputy Mission Leader. The mission is comprised of 12 Short Term Observers (STOs) drawn from civil society organisations (CSOs) and election management bodies (EMBs) from 11 African countries. EISA observers were deployed in Bo, Freetown, Kenema, Makeni, and Port Loko.
Since its arrival in Sierra Leone, the EISA EOM has interacted with Sierra Leonean stakeholders such as the National Electoral Commission (NEC), the Political Parties Registration Commission (PPRC), the Office of National Security, the Sierra Leone Police (SLP), the Independent Media Commission (IMC), CSOs and independent experts. The EISA EOM closely coordinated with other international election observer missions (IEOMs) in the country.
The EISA EOM’s assessment methodology is guided by its commitments within the framework of the Declaration of Principles for International Election Observation. Its assessment of the electoral process is based on the principles and obligations for democratic elections stipulated in the following international benchmarks:1 the African Union (AU) Declaration on the Principles Governing Democratic Elections; the African Charter on Democracy, Elections and Governance; and the Principles for Election Management, Monitoring and Observation (PEMMO).
This statement presents EISA’s preliminary findings, conclusions and recommendations on the pre-election period and Election Day operations. It is issued while the transmission and tallying of results are still on-going, and therefore only reflects the mission’s observations up to the conclusion of the counting process at polling stations. This statement therefore neither covers the transmission of results nor the finalisation of the results tally process, which explains why this statement is preliminary.
1 Sierra Leone is a State Party to the following Instruments: International Covenant on Civil and Political Rights, UN Convention on Political Rights of Women, Convention on the Elimination of All Forms of Discrimination against Women, UN Convention on Rights of Persons with Disability, African Charter on Democracy, Elections and Governance, African Charter on Human and People’s Rights, Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, and ECOWAS Protocol on Democracy and Good Governance 90 EISA Election Observer Mission Report No 65
A final report covering the entire process will be issued by EISA about three months after the close of this mission. This statement identifies both best practices and gaps in the conduct of the elections and makes recommendations for a possible presidential run-off election and future elections.
2. PRELIminary findings
2.1 Political Environment The 2018 multi-tier elections in Sierra Leone are the fourth elections since the end of the decade-long civil war in 2002. The elections are significant as they are the first to be conducted under the full responsibility of the Government of Sierra Leone following the closure of the United Nations Integrated Peace building Office in Sierra Leone (UNIPSIL) in March 2014. They will also mark the peaceful transfer of presidential powers, as the incumbent President, Ernest Bai Koroma, has completed his mandate after two terms in office. The elections are taking place against the backdrop of the closure of UNIPSIL which has provided extensive operational support to previous elections. The polls also took place within a context marked by a slow growing economy and poor infrastructure impacted by recent disasters, namely: the outbreak of the Ebola virus that claimed over 3,500 lives between March 2014 – March 2016, and a mudslide in August 2017.
The 2018 presidential elections being a transition elections makes it keenly contested. The emergence of the National Grand Coalition (NGC) as a third force in a political space that has been dominated by the ruling All People’s Congress (APC) and Sierra Leone People’s Party (SLPP) also contributes to the competitiveness of the election. The constitutional 55% threshold for determining the winner in a presidential election further contributes to the competitiveness of this election as all contestants put in efforts to win in one round.
The context in the lead up to the election was shaped by a number of issues which, in some cases, raised concerns and in other cases created uncertainties about the elections. These issues include the uncertainties around the dates of the elections and the debate about the referendum to adopt constitutional amendments proposed by the Constitutional Review annexure F 91
Committee (CRC). There were concerns about the perceived reluctance of the incumbent president to declare the dates of the elections for different reasons, which led to speculations that the incumbent intended to remain in office beyond his term limit. Regarding the Constitution review process, there was disappointment that the government accepted only 33 of the 138 the recommendations presented by the CRC and most of the recommendations hailed as progressive, were not accepted.2
The petition challenging the candidature of the NGC presidential candidate, Kandeh Yumkella, over his dual citizenship also impacted the pre-election context. While the Supreme Court did not make a determination before Election Day, uncertainty remains about the implications of the outcome of the case.
Within this context, the EISA EOM notes the commitment of Sierra Leoneans to participate in democracy building in their country. The EOM also commends the PPRC for facilitating the process that led to the signing of the ‘Freetown Declaration’ by presidential candidates on 28 February 2018. The signing of the declaration showed the commitment of the candidates to the conduct of peaceful elections. Cognisant of the fact that there were isolated incidents of violence in the tense pre-election period, the absence of widespread violence provided an atmosphere for Sierra Leoneans to freely show their support to their chosen candidates.
2.2 Constitutional and Legal Framework The legal framework for elections in Sierra Leone is provided in the following instruments: Constitution of 1991 (as amended); Public Elections Act 2012; Public Order Act 1965; Wards (Boundary Delimitation) Regulations, 2008; Criminal Procedure Act 1965; Political Parties Act 2002; Election Petition Rules 2007; Chieftaincy Act 2009 and Local Government Act 2004.
2 In its official response to the recommendations of the CRC, in White Paper dated November 10, 2017, the government accepted only 33 of the 138 recommendations. 92 EISA Election Observer Mission Report No 65
The EISA EOM notes that the constitution recognises fundamental rights and freedoms that are critical in a democratic dispensation. These include the freedoms of movement, assembly, association, and expression; the freedom of the media; and the right to protection from discrimination. The Constitution also provides for entrenchment of democracy through provisions for a multi-party political system; the separation of powers within a presidential system; a majoritarian electoral system; conduct of regular elections managed by independent institutions; and term limits for elective offices.
While the legal framework broadly provides sufficient basis for the conduct of democratic elections, the EISA EOM notes the following areas where the legal framework could further be strengthened for more democratic elections:
• A review of Sierra Leone’s political history shows a trend of ethnic politics and polarising runoff elections because it is difficult for candidates to win a first round due to the 55% threshold. The EISA EOM considers the threshold as fairly high. The current system does not also adequately address the trend of ethnic politics as it remains possible for candidates to win based on the support received from their ethnic base. The ethnic politics problem could be better addressed by introducing a minimum regional electoral threshold while lowering the national threshold. • While the law provides for independent candidates in parlia mentary and local elections, the same privilege is not accorded to presidential elections. This impinges on the principle of equal opportunity to vote and to be voted for. • While the legal framework provides for non-discrimination and equal participation, there is no provision for affirmative action to promote the participation and representation of vulnerable and underrepresented groups such as women, youth and People with Disabilities (PWDs). This is reflected in the low representation of women the previous parliament.3
3 there were only 15 female members of parliament, constituting 12% of the 124 MPs. annexure F 93
2.3 Election Management The establishment of the NEC is provided in chapter IV of the Constitution. The five Electoral Commissioners are appointed by the President in consultation with the leaders of all the registered political parties and the approval of Parliament. The independence of the NEC is guaranteed by the Constitution and reinforced by the Public Elections Act. The EISA EOM however notes that in the reporting and accountability mechanisms, the Commission is required to submit its reports to the President, for tabling in Parliament. This line of reporting could compromise the independence of the Commission.
The EISA EOM notes the measures put in place by the NEC to ensure open communication with stakeholders, especially political parties and CSOs. This approach ensured transparency in the electoral process which fosters trust. Stakeholders consulted by the EISA EOM including all political parties affirmed their confidence in the NEC as a professional body capable of conducting an impartial election.
Faced with the responsibility of conducting the first elections after closure of the UNIPSIL in March 2014, and the financial challenges due to budgetary constraints, the NEC with government funding and the support of international technical and financial partners made reasonable efforts to deliver on the election calendar. The EISA EOM notes the delays in the printing of voter’s cards and the steps taken by NEC to ensure that registered voters who did not have the cards were not disenfranchised.
The EISA EOM notes the concerns raised by stakeholders regarding the number of excess ballot printed by the NEC. The EOM observed that while there are clear procedures to account for the contingency ballot at polling stations and for storage of these ballots after elections, procedures for destruction of the ballots are not clearly provided. The EOM calls on the NEC to be transparent in the handling and safe storage of the unused ballots in the post-election period.
Based on its assessment of the process until the release of this statement, the EISA EOM is of the view that the commission carried out its responsibilities in a non-partisan and proactive manner. It endeavoured to promptly address the operational challenges it was faced with. 94 EISA Election Observer Mission Report No 65
2.4 Voter Registration and verification Voter registration for the 2018 elections was conducted jointly by the NEC and National Civil Registration Authority (NCRA) from 20 March to 16 April 2017. This was the first joint registration by the two institutions. Subsequent voter registration would require NEC to extract data from the NCRA database. Following the registration process, data from the NCRA database was extracted to the NEC database to generate the provisional voter register. The register was exhibited from 22 June to 27 August, 2017 and was followed by distribution of Voter Identification Cards from 25 November to 4 December 2017. A total of 3,133,413 voters were generated in the provisional voter register. This figure was later reviewed to a final figure of 3,178, 663 following the exhibition of voter register. The EOM gathered that the transfer of data had resulted in some missing registrant data which was later retrieved from the registration devices.
Some stakeholders consulted expressed disappointment over the inability of the NCRA to complete the civil registration process by issuing a national identity document that would have doubled as a voter’s card.
While the legal framework recognises the right of Sierra Leoneans living abroad to participate in electoral processes, the NEC did not provide for voting by citizens residing outside the country.4 While noting the operational and financial requirements for diaspora voting, the EISA EOM regrets that eligible voters living abroad remain disenfranchised.
2.5 Political parties and nomination of candidates Sierra Leone is a multi-party democratic state with a vibrant political culture where parties are able to register and operate without undue restrictions. This can be attested to by the fact that 16 of the 18 registered political parties fielded candidates for the 2018 presidential election.
Prior to the 2012 elections, nomination fees were increased by the enactment of the Constitutional Instrument No. 13 of 2012. Following complaints by parties, the President subsidised the candidate’s nomination fees for the 2012 elections. A proposal seeking a downward review of the fees was presented
4 Article 31 of the Constitution and section 18 of the Public Elections Act 2012 annexure F 95
to Parliament but was not passed by the time the Parliament was dissolved on December 7, 2017. Following protests by the parties, the President again subsidised the nomination fees. Candidates therefore paid the same amount of nomination fees as for the 2012 elections.5
While noting the government subsidy on the nomination fees, the EISA EOM also considers the failure to pass the proposed regulations on nomination fees as a stumbling block to inclusive participation in the electoral process. The current high nomination fees, if maintained, could discourage qualified candidates from vulnerable groups such as women, youth and PWDs from exercising their right to participate in the elections as candidates. In addition, the continuous subsidy by the government, which is not anchored in the legal framework could be misconstrued as an incentive to entice voters or rival candidates.
While a candidate for Member of Parliament can contest either on behalf of a registered political party, or as an independent candidate, a Presidential candidate must be nominated by a party. The EISA EOM considers this provision as discriminatory against potential presidential candidates who either do not believe in political party politics or cannot afford to set up a political party structure.
2.6 Campaign finance There is no State funding for political parties in Sierra Leone. The legal framework however makes provision for mandatory disclosure by all registered political parties of their finances annually to the PPRC. The law also prohibits receipt of funding from foreign sources. It further stipulates that the PPRC may, through regulations, provide for limits on the amount of contribution or donation to a political party and the disclosure of information that may limit the influence of money in the political process.
5 Presidential candidates – 100 million Leones; Members of parliament – 10 million Leones; Mayors/ Council Chair persons – 5 million Leones; Councillors – 1 million Leones ; Village heads – 500,000 Leones 96 EISA Election Observer Mission Report No 65
The law however remains weak as it does not provide ceilings on campaign expenditure. This gives undue advantage to the candidates who have access to more resources and tilts the playing field to their favour.
The EISA EOM notes that there are limitations on the capacity of the PPRC to enforce these provisions in the absence of quasi-judicial powers, as the judicial route is long and expensive for the PPRC.
2.7 The Role of the Media Freedom for expression is a fundamental human right and vital for democ racy. The Constitution of Sierra Leone guarantees freedoms of speech, of expression and of the media. These are critical civil and political rights in relation to the electoral process. The Electoral Law also enjoins the public broadcaster, the national radio and television, to ensure that each candidate and each political party have access to airtime at these institutions during the campaign period.
There are many media outlets, the bulk of which operate in Freetown. Apart from the public media, there are also private media outlets some of which are owned by political party leaders and report along party lines. There are 3 TV stations (1 state owned and two privately owned), over 42 radio stations and over 40 daily papers countrywide. The EISA EOM gathered that that the public media gave a fairly balanced coverage of both the ruling and opposition parties during the election period.
The EISA EOM notes the efforts of the Independent Media Commission (IMC) to train journalists on conflict-sensitive reporting, towards mitigating election-related conflict. The IMC also developed a Media Code of Ethics. However, the EOM noted with concern that, despite a caution on cessation of promotion of any political interest 24 hours before the elections, four newspapers contravened this directive.
The EISA EOM notes the value added by the presidential debates to public information, it specifically commends the initiative to convene debates for female candidates and local council election candidates. The EOM however considers the criteria set for parties to participate in the debates6 to be quite stringent, thus, only six out of the 16 presidential candidates met the criteria.
6 Parties were required to have fielded candidates in at least 25% of the constituencies in the country annexure F 97
2.8 gender, Persons with Disabilities and Youth Women constitute 52% of registered voters in Sierra Leone. This is indicative of their willingness to participate in the electoral process. Beyond their participation as voters, there is no significant improvement in their participation as candidates. Only two (12.5%) of the 16 presidential candidates are women and five (31.2%) female vice presidential candidates. Out of the 795 parliamentary candidates, 100 (13%) are women. The EOM notes that while there are no legal provisions for affirmative action, political parties have also not shown commitments towards gender parity within their party systems to promote women’s representation. It is worth mentioning that the recommendation for a 30% quota for women made by the CRC was not accepted in the government White Paper.
The EISA EOM acknowledges the various efforts by stakeholders to enhance the political participation of youth in the electoral process. Key among these was the engagement of first time voters in various voter education activities, including simulation of the voting process in partner ship with NEC. The increase in nomination of youth candidates, especially at the local level is also noted.7
Political rights of PWDs are guaranteed in the 1991 Constitution, 2012 Public Elections Act as well as the Disability Act of 2011. The mission commends NEC’s proactive steps towards inclusion of PWDs through the publication of the Elections Disability Policy (NECDiP) and for nominating one of the 5 Commissioners to take responsibility for inclusion of PWDs. NEC also made efforts to construct ramps in some polling stations to facilitate access for PWDs. The Commission also provided tactile ballot guides for visually impaired voters to guarantee the secrecy of their vote. It is our hope that these steps will enhance the participation of PWDs. The absence of legal provisions of affirmative action however continues to impede their representation.
The EISA EOM however gathered that none of the political parties fielding candidates for the various elective positions nominated PWDs. This discrimination serves to further disadvantage and marginalise the PWDs.
2.9 Civil Society The EISA EOM observed the active and unrestricted participation of CSOs 98 EISA Election Observer Mission Report No 65
in the election. This was mainly through advocacy for electoral reforms, voter education efforts, election observation as well promoting political participation of youth, women and PWDs through various interventions. Through advocacy, CSOs played an instrumental role in shaping the electoral process and ensuring that the electoral calendar was respected.
The EISA EOM notes that the CSOs observed and reported on key aspects of the process such as voter registration, nomination of candidates and electoral campaign. The EOM appreciates the efforts of the different groups, especially the National Elections Watch (NEW), to train and deploy citizen observers to all the 11,122 polling stations on Election Day, with an additional 506 observers in sample polling stations to collect data for the Parallel Vote Tabulation (PVT).
The EISA EOM also commends the CSOs for operating Women’s Situation Room, Media Situation Rooms and Civil Society Situation Room as hubs for information sharing and real time monitoring. It is of the view that these initiatives greatly enhanced the transparency of the poll.
2.10 The Role of Security Agencies The Sierra Leone Police (SLP) has the primary responsibility of internal security. During the elections however, all security institutions play a role in support of the SLP to enable them cope with any challenges that may arise. The Office of National Security (ONS) coordinated the Integrated Elections Security Planning Committee (IESPC). This provided a framework for security sector institutions be adequately prepared to perform Elections Security related duties.
The IESPC, through a national consultative exercise, developed the National Elections Threat Assessment / District Risk Mapping for the 2018 elections. The assessment report highlighted potential hotspots around the country. Based on this report, the ONS issued a ban on vehicle movement on Election Day except for persons on election duty whose cars have been cleared by the NEC and issued vehicle passes. The EISA EOM notes concerns raised by opposition political parties before election regarding the use of government
7 http://nationalelectionwatchsl.org/2018/01/30/nomination-press-statement-2018/ annexure F 99
vehicles on election as a way to increase the movement of the representatives of the ruling party at the expense of opposition parties. The EOM notes that the vehicle ban was largely respected, though it was not clear whether the provision of vehicle passes to parties could have given an undue advantage to the governing party. The EOM also notes the arrangements made for free transportation of voters to polling centres on Election Day, to ensure voters were not discouraged from going out to vote.
3. Findings from Election day and results tally procedures The EISA EOM deployed its observers to five regions, where they visited 61 polling stations, spread across eight districts.
The EOM notes the technical hiccups encountered by the NEC which necessitated the postponement of elections in 18 polling stations.8 The EOM commends the NEC’s swift action to address the issue of missing ballot papers.
Election day was largely peaceful with isolated reports of incidents that were contained in a timely manner. EISA observers reported that polling stations opened on the average between 07:05 and 07:45 due to delays in the preparations by polling officials. The opening procedures were also conducted with limited lighting in a number of the stations visited.
The EISA EOM commends the NEC for their consideration of women as polling staff. 42% of the polling staff in all polling stations visited were women. However, lower numbers of female party agents, at 10% of the total agents, were observers in the polling stations visited.
The mission observed the efforts by NEC to make the process inclusive to PWDs through the construction of ramps in polling stations. EISA observers reported that 73% of the stations visited were accessible to PWDs.
8 the following elections were postponed: Bonthe municipality mayoral election (no ballot papers); Kenema Ward 55 district councillor election; Pejuhan district councillor election. 100 EISA Election Observer Mission Report No 65
In its assessment of election day procedures, the Mission notes that overall, the stipulated procedures for opening, voting, closing and counting were largely complied with and that staff demonstrated competence in execution of their duties. The decision of the NEC to cap the number of voters per station to 300 voters made the management of the process easier. Each voter took an average of 6 minutes to complete the process. The secrecy of the ballot was guaranteed in most of the stations visited and election materials were available throughout the day.
Although party agents were present in all visited polling stations, only the party agents of the APC, SLPP and NGC were consistently represented at all the polling stations visited by EISA teams. As stipulated in the Elections Act, party agents who were present at the count consented to and signed the Reconciliation and Result Form (RRF) and a copy was posted outside the station by the presiding officers.
The EISA EOM commends the presence of citizen observers at all the polling stations visited. International and citizen observers were granted unrestricted access to the polling centres and were allowed to conduct their duties without interference. The presence of citizen observers and party agents is an important indicator of the transparency of an election.
Though there were concerns that some registered voters may be disenfranchised for not being in possession of voter’s cards, these concerns did not materialise on Election Day. EISA observer noted that persons whose names appeared on the register but did not have their voter’s cards were allowed to vote after presentation of an attestation from the NEC, and in some cases, voters were required to provide additional documents that verified their identity.
The Mission notes with concern the presence of heavily armed security personnel on the SLPP presidential candidate’s premises at the Goderich in the afternoon on Election Day. Thanks to the presence of high level international dignitaries, the situation was de-escalated. The EISA EOM urges the security forces to refrain from such acts of aggression which are a potential threat to the existing peace and security in the country.
On 8 March, EISA observers visited five regional tally centres. In its assessment of the early aspects of the results tally process, the EISA EOM annexure F 101
notes that the process was off to a slow start as officials waited for materials to be transported from the different areas. The layout of the tally centres and the procedures stipulated by NEC did not facilitate direct observation of the procedures or easy interface between officials and observers. Observers depended on the figures projected on the screens. The tally procedures at the centre in Port Loko was interrupted for some hours due to technical problems with the generator.
At the time of writing this statement, tallying was ongoing. The mission will provide further detailed assessment of the tally in its final report.
4. Recommendations Based on its observations and findings, the EISA EOM offers the following recommendations:
Considering the importance of the result tally process and the tensions that attend this process, we urge the NEC to manage the process in a transparent and professional manner. Specifically paying attention to information management to avoid suspicions and misinformation.
In the short term, in the event of a runoff election:
• Provide lamps and extra batteries that will cover both the opening and counting procedures. • Reconsider the ban on vehicle movement to ensure citizens are able to move freely to exercise their franchise. • Take steps to ensure that incidents similar to what happened at the premises of the SLPP candidate, which involved interference by security agencies is not repeated.
In the long term:
Legal reforms: • Revisit the report of the CRC and begin the process of constitution review deliberations at the parliament early in the life of the incoming parliament. 102 EISA Election Observer Mission Report No 65
• Consider adoption of a lower threshold for determining the winner of presidential election. To also address the issue of ethnic politics, further criteria to ensure national spread of votes regionally for the winner of presidential election should be considered. • Review the legal framework to strengthen the regulation of party and campaign finance and also strengthen the powers of the PPRC to effectively regulate party finance. • In line with article 9(1b) of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, which Sierra Leone has ratified, the legal framework should be revised to provide affirmative action to promote the representation of women in elective positions. • The legal framework should also be revised to provide affirmative action to promote the representation of PWDs in elective positions
Election procedures • The NEC should consider simplifying the ballot reconciliation and counting procedures to make it less tedious and easier for polling personnel observers and monitors. • The NCRA should finalise the civil registration process that started in 2017 and put appropriate steps in place to effective register births and deaths. This will further strengthen the credibility of the voter register for future elections. • Reconsider the ban on vehicles movement as this creates un necessary tension and suspicion. • CSOs and the media should consider a more inclusive criteria for participation in the presidential debates. All parties should be given equal opportunity to sell their agenda to the electorate.
9 March 2018 Freetown, Sierra Leone About EISA
EISA is a pan-African non-partisan, non-governmental organisation that was established in 1996. It strives for excellence in the promotion of credible elections, citizen participation, and the strengthening of political institutions for sustainable democracy in Africa. To achieve its mission through technical assistance and capacity building of Election Management Bodies (EMBs), political parties, parliaments, relevant departments of intergovernmental bodies and Civil Society Organisations (CSOs) throughout the African continent. EISA envisions an African continent where democratic governance, human rights and citizen participation are upheld in a peaceful environment. The Institute has a successful track record of providing technical assistance and advice to its pan-African, sub-regional and national partners throughout the continent, to build sustainable institutional frameworks for democratic governance.
Headquartered in Johannesburg, South Africa, the Institute’s current and past field offices include Angola, Burundi, Central Africa Republic, Chad, Côte d’Ivoire, DRC, Egypt, Kenya, Madagascar, Mali, Mozambique, Rwanda, Somalia, Sudan, Zambia and Zimbabwe, a reflection of its broader geographical mandate.
Election observation provides an important foundation for EISA’s support to democratic processes in Africa. Through the deployment of its international observer missions, EISA provides an independent professional assessment of electoral processes which provides a basis for electoral reforms. Through its observation missions, the Institute is also able to identify and document areas of support in the post-election phase to inform its post-election support in the host countries. EISA also uses its observer missions as a lesson learnt platform for EMBs and CSOs on the continent because its missions are composed of CSO and EMB representatives from countries that are soon to hold elections.