OP 23 Banjo 1

EISA OCCASIONAL PAPER NUMBER 23, August 2004 Introduction In a democracy, elections offer the freedom of choice, the power to hold elected leaders accountable and provide protection against the perpetuation of Realising effective and sustainable arbitrary rule. The deepening culture of democratic governance in Southern democratic elections is, no doubt, an Africa and beyond. outgrowth of the ‘global wave of democratization.’ This may be viewed in a similar context to what Samuel Huntington terms ‘the third wave of democratization`[1] and what Francis Election M onitoring and Fukuyama refers to as `the end of Observation in Nigeria and history.’ Both notions suggest the South Africa: A Decade Review triumph of liberal democracy over the authoritarian communism of the former Eastern bloc [2] By Closely associated with this democratic revolution is the art and practice of Adewale Banjo election monitoring and observation. With specific reference to Africa and other transitional or new democracies, monitoring elections and observing electoral rules, procedures (before, during and after the election) have, in the last decade, increasingly featured in Africa’s political process. The concepts ‘monitoring’ and ‘observation’ are often used synonymously as though they mean the same process. Both in common usage and academic discourse, the two terms should be used to refer to two distinct, albeit intertwined, processes. The two terms are certainly intertwined and to the extent that they “refer to some form of ISBN: 1-919814-05-1 eye witnessing and fact finding The ISSN: 1811-7449 Institute for Democracy and Electoral © EISA, 2004 Assistance (IDEA) defines election monitoring as “an activity which involves the authority to observe an electoral process and to intervene in the process if relevant laws or standard procedures are being violated or ignored”[3] - 1 - EISA OCCASIONAL PAPER NUMBER 23, August 2004 Although both election monitoring and observation review and evaluate the An election observer, therefore, is a whole electoral process, covering the person (local or foreign) who is pre-election phase, the polling day and participating in the electoral process of a the post election phase, the former is given country, not as a voter but as an more thoroughgoing and extensive than evaluator of the process, and is the latter. Thus, for Rwelamira and accredited to do so by relevant Ailola, election monitoring is a ‘little authorities of that country. International more involved than mere observing. It observers also conduct their fact-finding involves the careful scrutiny and mission in accordance with Codes of assessment of an election for purpose of Conduct where applicable. One of the determining its impartiality, in terms of most comprehensive and well organization and administration. It also development guidelines (norms and includes an assessment of the process standards) for election observation is the and actual formulation of the electoral Commonwealth Electoral Practice, law and the role of the security premised upon the 1991 Harare forces’.[4] Declaration. Among its most useful guiding principles for observation is the It is quite clear, therefore, that election provision that states…the practice of monitoring is a much more permitting local and international interventionist form of fact-finding about observers to observe elections helps to the election process. For this reason, inspire confidence in the electoral military and police observers are, when process and should be encouraged. All appropriate, engaged to monitor the observers should operate within the laws activities of national police and military of the host country and liaise with forces. Other areas which may be electoral body. Any complaints received monitored are the civil service, the by observers from political parties, media, political party campaigns, voter candidate or individuals should be education voter registration and the brought to the attention of the electoral actual voting as well as the vote body. [7] counting and results announcing processes [5]. After a critical analysis of Carter Center’s approach to election In contrast, election observation refers to observation, it appears that it is some fact finding by both internal and construed as a project to be described external actors regarding an electoral rather than a concept to be defined. process with limited or without direct intervention into the actual electoral The Carter Center observation projects process. According to the Institute for generally begin well in advance of Democracy and Electoral Assistance election. Observers’ teams are often in a (IDEA), election observation refers to, country in time to assess registration exercises and political campaigns. …The purposeful gathering of During election, the observers monitor information regarding an electoral voting and counting and remain after the process, and the making of informed ballots have been counted to monitor judgment on the conduct of such a vote tabulation process on the basis of the information collected, by persons who are not Before an election, the Carter Center inherently authorized to intervene in the observers meet with election officials process, and whose involvement in the and party leaders to discuss electoral mediation or technical assistance procedures. Sometimes they mediate activities should not be such as to election disputes and help all sides to jeopardize their main observation agree on election rules. During this responsibilities” [6] phase, an assessment is made of the - 2 - EISA OCCASIONAL PAPER NUMBER 23, August 2004 voter registration process, voter deficiencies in the voting and counting education efforts, and the fairness of the operations. Election monitoring and campaign’s“field of play”. observation may take two main forms:(a) long-term - covering all the On Election Day, observers are phases of the electoral process and (b) dispatched together with systematic short term - covering mainly polling day survey forms to urban and rural areas activities. [9] where they witness preparations to poll openings, voting and vote counting. The The Nigerian Experience with aim of this is to determine as far as Election Monitoring and Observation possible, whether the vote was secret and fair at the sites they visited. In When observer groups first surfaced on addition to talking with polling site the Nigeria electoral scene to witness the officials and party witnesses, observers presidential election of 12 June 1993, interact with citizens to note any Nigeria considered the idea as entirely complaints. novel. Today it has developed to become an accepted feature of the country’s After poll close, delegates observe the electoral process, with local observer counting of the vote and the delivery of groups also taking part. About 12,000 ballot boxes. Then the entire delegation accredited election monitors assessed the meets to discuss its observation and 27 February 1999 Presidential election issue a statement of findings as a group. between Olusegun Obasanjo, a retired If necessary, qualified high-level general and former Head of State, and observers can serve as mediators to Olu Falae, former Finance Minister in facilitate the peaceful transfer of power. the Ibrahim Babangida military regime. Once election results are confirmed, the Included in this number, about 2,000 Carter Center observers, on occasion, were foreign observers drawn from remain engaged in a country through the different organisations. They came to inauguration of a new President or witness the election at the invitation of Government and beyond. This relates, in General Abdul salami Abubakar, former particular, to countries where the Center Head of State and Ephraim Akpata, has had/ or anticipates a long-term (Now late) former Chairman of the involvement.[8] Independent National Electoral Commission,( INEC) The European With reference to EISA’s thinking, Union, (EU,) sent 100 observers and the although the terms monitoring and Commonwealth, sent a 23-member observation are often used Commonwealth Observer Group interchangeably, it is worth noting that (COG).[10] the two processes are, in fact, fairly distinct, albeit intertwined. PEMMO The Carter Center was involved in defines observation as information collaboration with the National gathering or on-site fact-finding and Democratic Institute for International making informed judgments about the Affairs, (NDI), based in Washington, credibility, legitimacy and transparency D,C and the Human Rights Watch. of the electoral process. It is often Furthermore, observer groups from carried out by external agencies that Canada, Norway, Japan, and some cannot intervene in any material way in African countries were also present. the voting and counting operations. Former President Jimmy Carter of the Monitoring refers to information United States led the Carter Center gathering and examination and delegation. It comprised Mahanane evaluation of the electoral process. It is Ousmane, former Niger President, and often carried out by domestic agencies. Colin Powell, the former chairman of the They are able to draw the attention of the United Staes Joint Chief of Staff and presiding officers to observed now U.S Secretary of State. Ketumile - 3 - EISA OCCASIONAL PAPER NUMBER 23, August 2004 Masire, former President of Botswana, TMG director,re-emphasised the fact led the 23-member COG. The 100- that his group was involved in election member European Union Observers monitoring in order to contribute Mission,

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