AFRICAN GOVERNANCE REPORT III The African Governance Report, the most comprehensive report on governance in Africa, assesses and monitors the progress of African countries on governance, identifies Report III African Governance capacity gaps in governance institutions and proposes policies and strategic interventions Elections & the to improve governance on the continent. This third edition of the Report, while continuing to monitor governance trends, adopts Management a thematic approach: elections and the management of diversity in Africa. Elections are central to democratic governance and the political management of diversity in plural societies. While elections are held with greater regularity in Africa, their content and quality of Diversity remains suspect in many countries, with Africa’s rich diversity deployed as a combustive tool in electoral conflicts. Elections have often triggered conflict, with violence, tensions, acrimonies and sharp elite divisions surrounding electoral processes and outcomes—a worrying trend for Africa’s democratic future. This Report investigates elections in the face of managing diversity in Africa. It recom­ mends major electoral, institutional, political and constitutional reforms to enable elections to facilitate the democratic management of diversity, while significantly improving their quality and credibility. These include reform of the party system to make it more inclusive and democratic, a move to more proportional electoral systems, and an increase in the autonomy and effectiveness of election management boards. The Report argues that regional and subregional initiatives and frameworks for elections, democracy and governance have to be implemented and monitored to improve electoral performance and promote democratic consolidation and stability. List Price: USD $ 45.00 ISBN: 978­92­1­125120­3 United Nations Publication E.13.II.K.2 July 2013 AGR III Cover_190 X 235_UNHQ_FIN.indd 1 9/5/13 3:00 PM African Governance Report III 2013 Economic Commission for Africa UNECA AGR3 0625.indd 1 6/25/13 8:33 PM Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © UNECA 2013 The moral rights of the author have been asserted First Edition published in 2013 Impression: 1 All rights reserved. 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UNECA AGR3 0625.indd 2 6/25/13 8:33 PM Table of Foreword ix contents Acknowledgements xi Abbreviations xiv Executive Summary 1 Monitoring governance trends: Marginal progress 1 Elections and diversity management 1 Note 15 1 Political Architecture: State-building and Diversity 17 Diversity in Africa 18 Pre- colonial and colonial political systems 22 The post- colonial state 25 The reform period: Renegotiated architecture and recurrent issues 32 Conclusions 42 Notes 43 References 44 2 Democratic Transition, Elections and Diversity Management 47 Background to democratic transition 48 Patterns of democratic transition 49 Democratizing trends 51 Leadership 59 Diversity issues in the democratic transition 60 Conclusions and recommendations 70 Annex 2.1 Alternation of presidential power in Africa, 2007–2012 73 Notes 76 References 76 3 Diversity and the Electoral Process 79 Managing diversity 80 Elections 81 Electoral systems’ strengths and weaknesses 84 Tackling diversity issues in the electoral process 88 Representation of women and minorities 96 Religion and diversity management 102 Challenges for managing diversity 103 Conclusions and recommendations 104 Annex 3.1 Prevalence of electoral systems 107 Annex 3.2 Women holding cabinet appointments in African countries, January 2010 109 Notes 110 References 110 4 Electoral Management Boards 113 Evolution 113 iii UNECA AGR3 0625.indd 3 6/25/13 8:33 PM Powers and functions 116 Autonomy 120 Performance 126 Promoting electoral integrity 126 Oversight of political parties 132 Conclusions and recommendations 134 Annex 4.1 Structure and composition of EMBs: Southern Africa, July 2010 137 Notes 139 References 139 5 Competitive Elections and Conflict 143 Electoral competition 143 Electoral systems and violent conflict 145 Election-related conflicts 146 Party democracy and conflict 150 Role of media in election conflicts 156 Managing electoral conflict—state mechanisms 157 Managing electoral conflict—other approaches 163 Conclusions and recommendations 167 Annex 5.1 Inter-party violence in six African countries 171 Notes 173 References 173 6 The Economics of Elections 179 Election resources and political competition 179 Election spending and effect on GDP 181 Funding electoral institutions and parties 183 Campaign finance and corruption 191 Regulating political finance 193 External funding and assistance 194 Conclusions and recommendations 198 Notes 201 References 201 7 Electoral, Constitutional and Political Reforms 205 Dynamic links among electoral, constitutional and political reforms 205 Electoral reforms 206 Constitutional and political reform issues 215 Conclusions and recommendations 222 References 225 8 Policy Recommendations 227 The political system 227 Electoral institutions, processes and finance 230 Managing electoral conflicts and disputes 233 iv African Governance Report III UNECA AGR3 0625.indd 4 6/25/13 8:33 PM Regional and international organizations and promotion of electoral integrity 236 Policy dialogue, training and research 237 Appendix UNECA Project on Good Governance: Background, Methodology and Calculating the Indices 239 Rationale and objectives 240 Methodology 241 Project implementation 243 Note 244 Boxes 1 Africa’s elections, 1996–2012 3 1.1 Examples of identity and politics 19 1.2 Diversity and conflict in Africa 21 1.3 A difficult graft 26 1.4 The tyranny of the majority 29 1.5 Ethnicity and party support 31 1.6 The African Charter on Human and People’s Rights 34 1.7 Devolution in practice, Ghana 35 1.8 Failure and success in extending term limits 40 1.9 National Cohesion and Integration Commission, Kenya 40 2.1 Four transition trends 50 2.2 Social media promoting democratic change in Nigeria 51 2.3 Guaranteeing Nigeria’s federal character 61 2.4 Ethnic overlays on political parties 64 2.5 Ethnic diversity as an asset rather than a liability 65 2.6 Shifting citizenships 69 2.7 Culture and constitution favour men in Botswana 70 3.1 Managing diversity in Africa 81 3.2 Grievance lay just below the surface in Côte d’Ivoire 82 3.3 Mali’s recent conflict 84 3.4 Constitutional provisions on diversity 89 3.5 Diversity in electoral management boards 90 3.6 Gender balance on Malawi’s Electoral Commission 90 3.7 Educating voters on diversity 94 3.8 African Governance Forum workshop, Accra 102 3.9 Some disabilities overcome in Sierra Leone 103 4.1 Origins of electoral management boards in Africa 114 4.2 Interlocking electoral management board responsibilities, Sierra Leone 119 4.3 Two approaches to appointing and removing electoral commissioners 122 4.4 Heavy staff demand around elections 126 4.5 Factors in the independence and effectiveness of Africa’s electoral commissions 128 Table of contents v UNECA AGR3 0625.indd 5 6/25/13 8:33 PM 4.6 Good and bad practices in election administration and management in Africa 132 4.7 Electoral integrity 133 4.8 Party liaison committees in Lesotho and South Africa 134 5.1 The African Union and the 2011 Elections Year: Challenges and successes 148 5.2 Freedom marred by violence, South Africa 1994 149 5.3 Electoral violence and the indigenous–settler divide in Nigeria 149 5.4 From electoral violence to civil war in the Congo 150 5.5 Commendable practices in Cape Verde, Namibia and Senegal 156 5.6 Youth and political violence in Sierra Leone 157 5.7 Potential areas of electoral conflict 158 5.8 Managing electoral appeals in Tunisia 158 5.9 Malawi’s reform of adjudication 161 5.10 Party liaison committees in South Africa 163 5.11 KwaZulu-Natal Democracy and Elections Forum, South Africa 164 5.12 The Continental Early Warning System 165 5.13 Key lessons from past election crises in Africa 168 6.1 Reaching out to voters 180 6.2 Electoral outcomes 181 6.3 Per voter election