COVID-19 and Election Management in Africa: Challenges, Innovations and Opportunities

Issue 1, 2021

Commonwealth Elections and COVID-19 Briefing Paper 2021/01 1

Contents

Acknowledgements 2 1. Introduction 4 2. Elections in Commonwealth Africa 5 3. Election financing 6 4. Legal frameworks 8 5. Pre-election operations 11 6. Voter registration 12 7. Stakeholder coordination 13 8. Public communication 15 9. Campaigning, voting and post-election activities 19 10. Conclusion 21 Notes 22 2 COVID-19 and Election Management in Africa

Acknowledgements

Under the leadership of Luis Franceschi, Senior Director of the Governance and Peace Directorate, this project was directed by Martin Kasirye, Head of the Electoral Support Section, with support from Sonali Campion, Andrew Baines and the Political team. The Commonwealth Secretariat acknowledges with gratitude the work of Kojo Pumpuni Asante in developing this paper, and the contribution of all Commonwealth election management bodies that provided information. The Commonwealth Secretariat and authors would also like to thank Olufunto Akinduro and Rushdi Nackerdien for peer reviewing the draft. Commonwealth Elections and COVID-19 Briefing Paper 2021/01 3

Abbreviations and Acronyms

Africa CDC AU Centres for Disease Control and Prevention AU African Union CSO Civil society organisation ECN Electoral Commission of Namibia ECOWAS Economic Community of West African States EMB Election management body EV Electronic voting EVM Electronic voting machine INEC Independent National Electoral Commission (Nigeria) PPE Personal protective equipment WHO World Health Organization 4 COVID-19 and Election Management in Africa

1. Introduction

This paper examines the way election manage- with limited resources in order to guide EMBs ment bodies (EMBs) in Commonwealth Africa that are yet to conduct elections or are in the are coping with the outbreak of the COVID- planning phase for elections. 19 pandemic. It identifies the challenges The paper is the second in the Commonwealth encountered by EMBs but also documents the Elections and COVID-19 Briefing Paper series. innovations introduced and the opportuni- The first offers a pan-Commonwealth -per ties presented by the public health crisis. It is spective and outlines the international stan- part of a series of papers commissioned by the dards and key election principles that should Commonwealth Secretariat to help EMBs con- be taken into consideration when responding ducting elections in the midst of the pandemic to the pandemic. This paper organised as fol- to prepare adequately to mitigate the impact of lows: section two highlights ongoing challenges COVID-19 on the electoral process and secure relating to election management in the Africa the political rights of their citizens. region before the outbreak of the COVID-19 The first novel coronavirus case in Africa pandemic and provides a calendar of upcoming was reported in Egypt on 2 February 2020. elections in Commonwealth Africa. The next As of 30 September 2020, the World Health six sections discuss key elements of the pre- Organization (WHO) was reporting a total election phase, including: COVID-19 cumulative case count for the Africa region of 1,175,271, with 985,103 recov- • tackling issues of additional elections eries, 25,825 deaths and 164,343 active cases.1 financing because of COVID-19; Of the six African countries recording the high- • changes in legal and constitutional frame- est case counts, four are Commonwealth coun- works to respond to the health emergency; tries: South Africa (672,572), Nigeria (58,647), • adapting to operational challenges to deliver Ghana (46,482) and Kenya (38,378).2 credible elections; During the early stages of the spread of the • managing voter registration processes; virus, when infection and death rates in Africa • coordinating and collaborating with state were low compared to Europe, North America agencies to secure operational success; and and later Latin America, sub-Saharan countries • managing communications and stake- including Benin, Burundi, Cameroon, Guinea holder engagement to ensure successful and Mali decided to go ahead with scheduled implementation of changes to electoral elections. These elections were conducted with- programming. out a full understanding of the virus, though countries such as Benin drew on the successes of The penultimate section discusses voting day Germany and South Korea to put in place strong issues, election results management and inno- measures to reduce the risk of spread of the dis- vations and adjudication of election-related ease.3 However, in response to the pandemic cases. The paper ends with some final conclu- other countries went into lockdown, making it sions around good electoral practice in the con- difficult to organise electoral activities.4 text of the pandemic. The world is now emerging from lockdown The paper draws on survey data collected and countries are seeking to manage the dis- by the Commonwealth Secretariat from EMBs ease as they gradually reopen. Many African across the Commonwealth for the previ- countries do not have the resources or infra- ous issue in the series, webinars, interviews structure to put in place some of the measures with senior EMB officials in Commonwealth adopted in other regions. This discussion paper Africa, articles on elections and COVID-19 therefore captures the most recent lessons from and official documents outlining regulations Commonwealth countries in Africa working and policy. Commonwealth Elections and COVID-19 Briefing Paper 2021/01 5

2. Elections in Commonwealth Africa

2.1 Pre-COVID-19 challenges to elections elections, and in some cases has even resulted in Africa in the results being overturned and new elec- COVID-19 compounds many of the existing tions held, as witnessed in Kenya in 2017. challenges to managing elections in Africa. The Another severe challenge to the delivery of most recurrent and problematic of these tend credible elections is violence and the threat of to relate to voter registration, election day and conflict throughout the electoral cycle. A signifi- result processes, vote tabulation and transmis- cant number of African countries have reported sion, legal challenges, acceptance of results and cases of violence of varying degrees during elec- election-related violence. This section will exam- tion periods. While this is driven by a range of ine the key challenges, drawing primarily on elec- country-specific factors, research suggests that tions that took place in African Commonwealth tensions over minor issues that voters and party countries between 2018 and 2019. agents face are often escalated by political sys- Many countries still struggle with reliable tems that are entrenched with patronage and cli- and trusted data sources to affirm the citizen- entelism, as well as the tendency for politicians ship and eligibility of a person to register to to take sides in ongoing conflicts over resources 9 vote which, in turn, makes in difficult to update as part of their campaigns. registers and ensure accuracy.5 Several EMBs These existing challenges are compounded by have sought to resolve tensions related to the the COVID-19 pandemic, as EMBs have to fol- reliability of the register and the verification low health regulations to protect citizens while of voters through the introduction of technol- continuing to work to mitigate issues that have ogy.6 However, new technologies – for example, impacted elections in the past. Government 10 to capture citizens’ biometrics to verify voter COVID-19 measures that restrict movement identity on election day – have also caused and social gatherings significantly hinder elec- problems in some Commonwealth countries.7 tion preparations and delivery, and risk reduc- Principally, technology can make electoral ing scrutiny, transparency and participation in processes more robust but can also give rise to the electoral process. High anxiety due to public issues of trust between the EMB and citizens or health concerns coupled with ever-rising politi- political parties if not implemented effectively. cal tensions means that EMBs have to be even EMBs also face some critical issues pertain- more careful to assess possible challenges from ing to logistics and security on election day. the past and the present to ensure safe, reliable These include opening polls on time, closing and credible elections in the future. polling stations too early and securely trans- porting sensitive election materials to tally/ 2.2 The Commonwealth Africa election collation centres.8 The collation and transmis- calendar (2020–2021) sion of results may be an additional source of Tables 1 and 2 show the elections that have delay and tension. In recent years, it has led to already taken place and those carded to be held legal challenges contesting the integrity of the later in 2021.

Table 1. 2020 Commonwealth Africa elections calendar11

Country Election Date Cameroon National Assembly, Senate & Local 9 Feb 2020 Regional Councils 6 Dec 2020 Ghana Presidential & National Assembly 7 Dec 2020 Malawi Presidential 23 Jun 2020 Namibia Regional & Local Councils, National Council (indirect 25 Nov 2020 by Regional Councils) Seychelles Presidential and National Assembly 22–24 Oct 2020 United Republic of Tanzania Presidential, National Assembly, Zanzibar House of 28 Oct 2020 Representatives, Zanzibar Presidential & Local 6 COVID-19 and Election Management in Africa

Table 2. 2021 Commonwealth Africa elections calendar12

Country Election Date Mauritius Local Due 2021 Rwanda Local Due Feb 2021 South Africa District & Municipal Due Aug 2021 The Gambia Presidential Due 4 December 2021 Uganda Presidential, National Assembly, local 14 Jan 2021 Zambia Presidential, National Assembly, local Due 12 Aug 2021

3. Election financing

3.1 Identifying additional costs social distancing for voters or registrants at The cost of elections has been rising in Africa, polling/registration centres and additional imposing significant financial burdens on voting/registration centres to decongest countries to secure multiparty democracy. existing centres. This can be complicated by While Ghana spent US$24 million on its elec- disrupted supply chains that warrant sourc- tions in 2008,13 in 2016 the costs increased to ing materials outside traditional channels. an estimated US$180 million.14 In Nigeria, the • Supplementary educational and communi- cost has also remained very high, with US$647 cation products to educate voters or regis- million spent in 201115 and US$532 million in trants on measures to contain the spread of 2019.16 the virus. As such, the outbreak of a pandemic pres- • New technology to improve communica- ents additional financing challenges for coun- tion or move some activities online. tries doing their best to safeguard the health • Litigation as potential voters and political of their citizens and protect their right to vote. parties challenge new measures and deci- For example, in the Malawian fresh presidential sions of the EMB. election in June 2020, the EMB spent US$1 mil- • Health cover and COVID-19 tests for elec- lion on personal protective equipment (PPE) tion personnel. alone. This was not originally budgeted for and necessitated support from development agen- There may also be additional operational costs cies to finance its election programming.17 associated with national COVID-19 restric- Additional expenses that EMBs must now tions – for example, staff working from home – consider include the cost of: as well as costs incurred as a result of disrupted timelines for key electoral cycle activities. • PPE such as face masks, face shields, gloves and non-contact thermometers. 3.2 Managing costs through innovation • Sanitising equipment/items such as hand The COVID-19 pandemic has wreaked havoc sanitiser, hand washing buckets, soap, paper on the world economy. In Africa, the World towels, fumigation services and alcohol- Bank estimates that the pandemic will hit econ- based disinfecting wipes. omies in sub-Saharan Africa particularly hard, • Staggered training for permanent and tem- leading to a decline in gross domestic product porary staff due to social distancing mea- from 2.4 per cent in 2019 to between -2.1 and sures and restrictions on mass gatherings. -5.1 per cent in 2020, the first recession in the • Recruiting additional temporary staff to region for 25 years.18 In such a context, EMBs manage queues and additional tasks related have to compete with other critical sector agen- to COVID-19 protocols. cies such as health and security for the very lim- • Additional logistics including transporta- ited resources available. tion, warehousing, rentals of chairs and EMBs must therefore find innovative ways sometimes canopies to help ensure adequate to reduce expenditure and protect health even Commonwealth Elections and COVID-19 Briefing Paper 2021/01 7 as costs are likely to increase across the board. year ensures that the registration of voters is They must analyse the entire electoral process easier to manage. For example, in the electoral for critical entry points regarding innovation in census of 2020, 940,000 citizens out of the respect of addressing COVID-19 challenges. estimated 1.2 million citizens were captured, Some of these innovations can come through so the voter registration exercise later in the the adoption or adaptation of technology, year was used to verify the details of regis- including using online applications to pro- trants, with only 1,139 new voters added to cess candidate nominations. Others may be the list. Most people could check their names achieved by operational changes such as, for through SMS text messaging, Facebook or the example, adjusting how the EMB transports EMB website.20 These approaches can help and distributes its materials to minimise trans- to promote efficiency and reduce cost with- portation costs. out compromising the integrity of electoral In Nigeria, for example, the Independent processes. National Electoral Commission (INEC) issued 3.3 Managing partners to support elections detailed regulations and guidelines to inform financing stakeholders on how new measures and changes in procedure are to be implemented. The executive: Securing adequate funding to In their First Supplementary to Regulations run an election is hard enough, let alone get- and Guidelines for the Conduct of Elections ting additional funding approved during a pan- in 2019, INEC provides for a dedicated portal demic. Furthermore, getting monies released to take candidate nominations.19 Eligible can- in time to secure necessary supplies during didates are given an access code to the system an emergency may also be challenging even to submit their applications for processing. when the budget is agreed. For example, during The use of technology helps eliminate need the Malawian election in June 2020, the EMB for candidates to present themselves at the received most of its US$38 million allocation a INEC offices, thus reducing the risk of infec- week beforehand21 due to budgetary pressures tions. Efficiency savings are also made as this as a result of COVID-19. This demands that approach reduces the staff time needed to EMBs strengthen their engagement with gov- process nominations that would have come as ernment early to ensure that adequate resources hard copies. are available to support the safe delivery of elec- In Ghana, supplies are usually dispatched toral activities. to each region in a 40-foot container ahead of Parliament: Another key stakeholder that electoral events. During the 2020 registration EMBs should engage early is parliament, par- exercise, some regions were batched together ticularly the requisite parliamentary commit- to receive the supplies from the capital at one tee. For example, if an additional allocation is location, where regional officials could then required, the government may be submitting a collect them. This ensured that supplies were supplementary budget to parliament. National available during the tight registration sched- budgets are likely to be stretched because of ule and reduced the cost of transportation. COVID-19, and EMBs must therefore demon- In The Gambia, where a full voter registra- strate increased cost-efficiency during a time tion is planned for January-February 2021, the of heightened fiscal stress. In engaging with EMB is looking at how to manage fumigation parliament, EMBs should endeavour to work costs for its centres. The African Union (AU), with all shades of political opinion, particu- which has been supporting countries through larly opposition parties, to ensure that mul- the Africa Centres for Disease Control and tiple perspectives about financing elections Prevention (CDC), sees a significant oppor- are accommodated and necessary budgets are tunity for countries to mass produce some approved. PPE locally, particularly sanitisers and masks, Development partners: The same applies to which would help EMBs to manage some of development partners, who have been support- the additional costs. ing the conduct of elections in the Africa region In countries with smaller populations, such for several decades. These partners may not as Mauritius, a legal requirement for an elec- always provide cash but can facilitate or provide toral census to be conducted in January every PPEs and other logistics as well as technical 8 COVID-19 and Election Management in Africa support (an area in which the Commonwealth the needs of the EMB and explore opportuni- Secretariat specialises). These types of in-kind ties for funding. EMBs should also work with help can be invaluable to an EMB responding development partners to review the impact to the challenges of managing an election while of the pandemic on an election, conduct risk the COVID-19 pandemic is ongoing. In many assessments and refocus programmes to ensure countries, there are donor coordination plat- effective support and delivery in the context of forms that can be activated early to consider the pandemic.

4. Legal frameworks

4.1 Key legal and constitutional issues to breaches of these international obligations, so consider it is important that EMBs engage early with The conduct of elections is a rules-based activ- stakeholders within and outside of the country. ity. As such, all the procedures that apply to Postponing electoral activities: Adapting to election activities are grounded in consti- the COVID-19 situation and delivering elec- tutional or statutory law. However, many tions on schedule is normally preferable to electoral frameworks around the world lack postponing an election, which can result in provision for health-related emergencies, instability or violence. However, measures to making decision-making in the context of the curb the spread of COVID-19 – such as restric- COVID-19 pandemic more challenging. In tions on movement, lockdowns and bans on many cases, the measures taken by govern- mass gatherings – can significantly disrupt the ments to contain the spread of COVID-19, delivery of electoral activities. In these situa- including restrictions on movement, mass tions, the EMB may need to consider postpon- gatherings and health-related protocols, affect ing an electoral activity. the ability of EMBs to execute their mandate The authority or capacity to make decisions and ensure potential voters can exercise their on postponing election day itself is usually political rights. Such restrictions also impact determined by the constitution of the country. campaigning and the ability of political par- If there are clear provisions in the constitution, ties and voters to interact in the run up to the then it should be easier for the relevant entity election. EMBs must consult widely and be (whether it is the EMB or the government) to conscious of potential legal and constitutional consider this option. However, if these pro- issues as they adapt their processes to deliver visions are in the entrenched chapters of the their electoral calendars. constitution, postponement would require It is also important that countries com- an amendment and potentially a referendum, ply with the Commonwealth Charter, the which would run into the same problems as AU Charter on Democracy, Elections and holding elections in the first place. For exam- Governance and other sub-regional protocols ple, The Gambia was expected to organise a even when they are adapting to the COVID- referendum in June 2021 to approve a new 19 situation. For example, countries in the constitution ahead of Presidential elections in Economic Community of West African States December 2021, which would have necessitated (ECOWAS), should note Article 2 of the the delivery of two national electoral processes. Protocol on Democracy and Good Governance However, the National Assembly rejected the that prohibits a “substantial modification” Constitution Promulgation Bill 2020 so the ref- to electoral law six months before the elec- erendum will not go ahead. tion date unless there is an agreement among Even if a provision is a non-entrenched clause political actors.22 It also obligates State Parties and can be amended through a super-majority to respect the conduct of elections on the dates vote in parliament, it is no small undertak- prescribed in constitutions or other laws. An ing and would necessitate broad stakeholder EMB’s response to COVID-19 can lead to consultation. Commonwealth Elections and COVID-19 Briefing Paper 2021/01 9

Amendments to election regulations: EMBs generally fall under public order legislation are responding proactively to the COVID-19 that is enforced by the government, although challenges by modifying subsidiary legislation there are some EMBs with legal powers to give to protect groups of voters who can be suscep- direction on this activity (for example, INEC tible to COVID-19 infections, particularly the in Nigeria). COVID-19 significantly impacts elderly, people with comorbidities and persons on the ability of political parties to campaign with disabilities. For example, a number of effectively. It also presents an opportunity for the countries that have already held elections various countries to look at creating incentives revised their training manuals to reinforce exist- for more online and multimedia campaigning ing requirements that mandated registration or (although accessibility and connectivity barri- polling officers to give preference to the elderly. ers should always be taken into account). This EMBs should consider similar special legal is a difficult issue to enforce in an election year, arrangements for other categories of voters so the relevant authorities must engage political or registrants including out-of-country vot- parties and document and disseminate neces- ers, particularly state officials working abroad. sary guidelines as early as possible. The registration and voting for out-of-country Amendments to election day activities: voters were a particular challenge during the There are a number of processes to consider period of lockdowns as nationals could not for the days leading to election day and the return for registration and/or voting. Plans to election day itself. These issues include queue reopen air travel or relax restrictions abroad management, early voting, transfer voting, reduce the challenges that EMBs are likely to proxy voting, postal voting, out-of-country face in enabling the participation of citizens voting and staggered voting (voting over a who are out of the country. However, some number of days). Several countries are try- EMBs are cautious. In Mauritius, for example, ing to reduce the number of registered voters where the virus has largely been kept under per polling station by creating more stations. control, officials are still wary about the return This will help reduce the number of people at of tourists and the real danger of an escalation each and reduce the spread of the disease. Any in cases, which could impact on planned elec- changes to voting options will likely require a toral activities.23 This issue is discussed further change in the law, so EMBs must consider these in section 9.3. matters early and liaise with relevant stake- Amendments related to the nomination of holders to enact and publicise any changes in candidates: Many EMBs are trying to fully or a transparent manner. partially introduce technology to reduce the Amendments to judicial procedure: It is incidence of mass gathering of candidates and important for the EMB to look at the elec- supporters to submit their applications to the toral process as a value chain. That means that EMB. Nigeria, Malawi and South Africa have it should plan with the expectation that legal adopted such procedures. Most amendments changes may be challenged in court and that to such protocols are done as an administrative the judiciary should also be alert to the chang- fiat, which involves changing how the applica- ing environment in response to COVID-19 and tions are received and processed. However, not adapt, particularly in looking at procedures to all EMBs are adopting this trend. In Cameroon, fast track electoral disputes. The significant for example, where the EMB is planning for impact of judicial decisions in this context regional elections, the process will remain means the EMB and other election stakehold- physical. The 700 or so candidates are to apply ers must work to sensitise the judiciary on the and submit their forms at the divisional level. practicalities of electoral processes during sensi- At the divisional office, there will be strict tive periods. The judiciary in some countries has COVID-19 protocols for candidates, including adopted rules to allow for them to sit virtually to wearing of masks, hand washing and hand sani- hear cases. This is happening in Ghana, Kenya tising. Applicants will also have a longer period and Nigeria, for example.24 Kenya has gone fur- of 15 days to submit. ther in responding to the challenges of ensuring Amendment to campaigning activi- equal access to justice by introducing an e-fil- ties: Powers to regulate election campaigns ing system – though still with challenges – and 10 COVID-19 and Election Management in Africa open-air courts to accommodate those who 2015 and 2019 and, as at July 2020, nine were cannot avail themselves of technology.25 pending.28 The pressure triggered by the fre- Ensuring consistency in the law: Generally, quency of by-elections and their associated it is good practice for EMBs to ensure that the costs, compounded by COVID-19, is forcing revisions captured are reflected in the guide- INEC to look at amending the law that requires lines and manuals for training and operations. the conduct of by-elections for various catego- Attention to detail is necessary as inconsisten- ries of elected officials. INEC is also piloting cies can lead to confusion among voters and the use of electronic voting machines (EVMs) administrators as well as legal challenges. in by-elections with the intention of integrating Legislating for the future: These lessons pro- an electronic voting and results transmission vide opportunities for EMBs currently planning system into national and regional elections in for elections in the near future. One of the areas the country. Nigeria has also set up a portal for where EMBs can do more in terms of legislation the display of election results sheets, an excel- and policy is to ensure they have comprehen- lent example of increased transparency. sive provisions on force majeure and an election Similarly, the Ugandan Electoral Commission emergency preparedness/crisis management created policy guidelines for presidential, par- plan. The plan should envisage the impact of a liamentary and local government candidates health-related emergency and how to respond. during their campaign. The country’s EMB In a Commonwealth Electoral Network survey made changes to various aspects of candidates (see 4.2), EMBs in Botswana, Lesotho, Nigeria, campaigning, including the standard oper- Rwanda and Sierra Leone have indicated that ating procedures for campaign conduct and they have some form of force majeure provision in the time and manner in which campaigns are either the constitution or electoral laws or both.26 conducted, as well as addressing meetings and security.29 Other countries that have introduced 4.2 How countries have sought to address such guidelines include Kenya and Namibia. challenges In the survey of EMBs mentioned above, con- 4.3 Managing litigation ducted by the Commonwealth Electoral Network Even as legal revisions and amendments are to ascertain how the pandemic was affecting considered, EMBs should also recognise that their preparations, the majority stated that pro- in changing electoral procedures or provisions, cedures for voter registration, voting, counting the effect of the law may interfere with the exist- of results, collation and declaration were going ing rights of voters or registrants. It is therefore to be affected and would require legal changes.27 important that they consult extensively with key INEC Nigeria, for example, has been proac- stakeholders such as political parties in order to tive in terms of responding to the legal chal- build consensus around the changes. Even if it lenges brought about by COVID-19. In May is at short notice, this process is key to ensuring 2020, the EMB published its policy on conduct- voter rights are protected and reducing the risk ing elections in the context of the pandemic, of litigation where possible. laying out the specific issues that needed to be However, EMBs cannot prevent an aggrieved addressed to ensure the safe implementation person or group from challenging actions taken. of electoral activities. It then issued a supple- They should therefore seek out high quality mentary to its existing regulations on conduct- legal advice when changes are being considered ing elections. This document outlines detailed and budget for legal representation if there is procedures for dealing with key stages of the none in-house. Ghana’s EMB, for example, had electoral process, including management of to deal with four legal and constitutional chal- the voting area to ensure strict adherence to lenges to its decision to compile a fresh voter COVID-19 protocols, queue management, register for the 2020 presidential and parlia- nominations, suspension of continuous reg- mentary elections. These challenges would istration and instructions on the collation of likely have been made regardless of COVID-19, results and announcement procedures. but time spent in court litigating these issues is INEC’s swift response has been necessary in likely to compound the compressed electoral part due to the high volume of by-elections it calendar that has to be implemented with strict has been conducting: it conducted 135 between adherence to COVID-19 protocols. Commonwealth Elections and COVID-19 Briefing Paper 2021/01 11

5. Pre-election operations

5.1 Procurement of equipment and other 5.2 Logistics planning and deployment logistics Once the materials are procured, it is necessary Elections are substantial logistical operations, to distribute them to the various polling/regis- with EMBs required to procure a wide range of tration centres in a timely and efficient manner. goods and services over the course of the elec- The Electoral Commission of Ghana combined toral cycle. COVID-19 has introduced an addi- the use of helicopters, cargo planes, haulage tional range of items that are required to reduce trucks and collaboration with the Ghana Navy the spread of the virus at electoral events. In to move supplies to the regions and districts. Ghana, for example, the EMB purchased an Adopting a zoning approach (discussed in estimated 156,000 paper towels and 336,000 3.2 above), they moved supplies to a regional hand sanitisers for the conduct of its voter reg- capital for pick up by nearby regions and dis- istration exercise.30 EMBs also have to contend tricts, reducing the distribution time compared with the impact of COVID-19 restrictions on to previous elections. The Malawi Electoral election materials and PPE supply chains, with Commission had to operate within government manufacturing sites sometimes in lockdown or restrictions on the number of persons that workers’ movements restricted. could travel in private and commercial vehicles, A key consideration is the management which necessitated securing extra vehicles and of the procurement function in such a way increased the cost of transporting materials and as to ensure value for money, speed and effi- personnel to the various destinations.32 INEC ciency regardless of the challenges. The pro- Nigeria’s approach has been to seek to reduce curement laws in many countries allow for the number of people handling the distribution methods such as sole sourcing and restricted of materials to minimise the risk of spreading tendering when responding to emergencies. the disease. The objective is to get the materi- These methods were necessary for some of the als moved from the warehouse straight to the countries that held elections early, but others delivery point after the necessary disinfection have subsequently shown that it is possible to has been completed. use competitive bidding processes to secure The lesson from these examples in respect COVID-19-related goods and services on time of operations is for EMBs to be adaptable, have and at a lower cost. For example, in Ghana, the back-up plans and be ready to modify plans to COVID-19 pandemic created new business ensure supplies are delivered on time. EMBs opportunities for suppliers who were sourc- must also consider scenarios for the cleaning or ing PPE from abroad and internally. The EMB disposal of potentially contaminated materials advertised for PPE providers and received after the election. as many as 20 bids, ultimately enabling it to 5.3 Staffing and training secure a much better price.31 It is worth noting that reviewing the bids in line with procure- The COVID-19 pandemic has impacted the ment laws took time and, due to the quanti- management of personnel at various EMBs. In ties required, the order had to be delivered many cases, staff have been required to work in batches. Decisions may therefore be made from home and, in most cases, it has been based on the state of the supply chain in the necessary to implement stringent COVID- country and the time available. 19 protocols in offices to control the spread Some items are generally more difficult to of the disease. INEC Nigeria, for example, secure in terms of both availability and cost – moved some of its operations online, with for example, non-contact thermometers (also all meetings held virtually. Malawi’s Electoral known as temperature guns). In several cases, Commission requested that all pregnant staff this has influenced the decision of the EMBs work from home to reduce the risk of infec- not to use these thermometers on voting day. tion. The Ghana Electoral Commission set It is therefore necessary for EMBs to prioritise up protocols to stagger meetings of the Inter- resources in the implementation of the electoral Party Advisory Committee (over two days). calendar. In Cameroon, The Gambia and Mauritius, 12 COVID-19 and Election Management in Africa

EMB staff have been returning to work with significantly to comply with COVID-19 proto- strict protocols in place and in a shift system cols. It then took 21 days to train supervisors to ensure they can still comply with social dis- and other officials when it normally takes 14. tancing measures. As governments ease restrictions on the maxi- Another key area that COVID-19 has mum number of people allowed at gatherings, it impacted is the training of both permanent and is likely to ameliorate this challenge and reduce temporary staff. The restrictions on conferenc- the cost for EMBs. Nonetheless, regardless of ing in Ghana, for example, meant that it took the limit, it will still be important to ensure seven rather than the usual two days to deliver proper social distancing and the enforcement a training of trainers workshop for registration of COVID-19 prevention protocols for some officials because the numbers had to be reduced time to come.

6. Voter registration

6.1 Compiling a new register vs. keeping Uganda, where citizens can also update their the old register addresses.33 Most EMBs have legal provisions that govern If it is necessary to compile a fresh register, the process for compiling or updating voter reg- either as mandated by the law or because the isters. The voter registration process in Africa existing register is not fit for purpose, then a has been a frequent source of concern for vari- number of the factors discussed earlier must ous observers of the region. This is because it be considered. This includes new legislation, straddles important identity and citizenship financing, and operational issues in terms of the issues as well as forming the basis for political procurement and distribution of materials. The parties assessing the strength of their support challenging part of compiling a new register is base ahead of an election. the length of time it takes from data gathering The registration process entails capturing through to exhibition of the register. In Ghana, data, updating details, transferring registra- for example, the data collection was expected tions as required and issuing voter identity to take 38 days, but the Electoral Commission cards. Providing ample time for voters and had to add an extra week to include additional other stakeholders to inspect the register and/ registrants who were not served because of or conduct voter roll audits is also critical to delays in the delivery of registration kits. Some building public trust. Although countries such aspects – for example, inspecting registration as South Africa were bringing elements of the details and applying to transfer a registration – process online before the pandemic, most citi- can, however, be conducted online. zens in Commonwealth Africa have to turn up in person to register and this has generally 6.2 Stakeholder engagement, public remained the case. In some places, and where education and participation the law allows it, EMBs have chosen to con- The complex nature of organising and compil- duct more limited voter registration exercises ing a voter register during a pandemic requires for those who have turned 18 to register to vote EMBs to engage stakeholders much earlier in in order to make it easier to enforce COVID- the process. Whether the EMB is contemplating 19 protocols. Circumstances differ, however. compiling a fresh register, updating the current In The Gambia, for example, the existing list register or even deciding to suspend registra- was compiled 10 years ago so the EMB will tion temporarily, it is very important that this be compiling a new register ahead of the elec- is informed by extensive consultation with all tion in 2021. In Nigeria, INEC has suspended stakeholders including political parties, civil continuous registration to reduce the number society organisations (CSOs), development part- of citizens interacting with electoral officials. ners, the media and citizens. Once the course Citizens are able to check their voter status of action is agreed, EMBs must invest in inten- online. This is the same in South Africa and sive public education on both the registration Commonwealth Elections and COVID-19 Briefing Paper 2021/01 13 procedure and how registrants are supposed to queues and reducing the risk of infection at the conduct themselves as well as provide informa- registration centres. tion on the COVID-19 protocols at registration 6.3 Planning for first-time voters and centres and how they are to be observed. vulnerable groups There is a risk that electoral exercises may experience low turnout if citizens do not feel Most EMBs will give priority to vulnerable adequate safeguards have been put in place to groups during registration and voting. This prevent the spread of COVID-19. It is there- was implemented in the elections in Malawi fore important for EMBs to set up a system and Nigeria, for example. During its 2020 reg- for responding systematically to issues as they istration exercise, the Electoral Commission of arise, while also giving the public assurances on Ghana went one step further and set up dedi- an ongoing basis. For example, at the beginning cated registration centres at their district offices of the voter registration exercise in Ghana a for seniors and other vulnerable applicants, number of centres were not observing COVID- such as persons with disabilities and preg- 19 protocols. However, through intensive edu- nant or nursing mothers, so as to significantly cation and a new queue management system, reduce the risk of the spread of disease to these the situation improved over the course of the populations. Similar arrangements were made exercise. Registration centres set a target of 100 for first-time voters at secondary schools. The people a day to be registered,34 and the voter ID Electoral Commission announced a date for a card printing machines were also programmed special exercise to register students who were to print ‘queue cards’. The first 100 people to in their final year and had turned 18. To com- obtain cards were given time slots so they could ply with the electoral laws, applicants were go away and return for processing at their allot- assigned the number of the closest designated ted time. This helped decongest the queues. registration centre even though the registration Sometimes, applicants who could not be reg- took place on the school premises. Further legal istered on the day received cards to return the arrangements are planned for these students to next day and were processed then. This was change their voting centres since they will not a low cost and innovative way of managing be in school on election day.

7. Stakeholder coordination

7.1 Coordination with public health which were also linked to the district hospital authorities or clinic in case of an emergency. In Nigeria, Coordination between EMBs and public health INEC actually lent the Government its pickup authorities is critical to the successful delivery trucks to support contact-tracing activities. The of a safe election. EMBs organising election EMBs in Cameroon and Mauritius both have a activities in the context of COVID-19 rely heav- good relationship with public health task teams ily on the advice of the national task force (or managing the pandemic and rely on official equivalent) for the content of the COVID-19 advice in implementing their electoral calen- prevention education materials and the adap- dars, while Malawi set up a Joint Task Force. In tation of polling stations or registration cen- Namibia, the EMB meets with the Ministry of tres to ensure compliance with protocols. The Health regularly to assess the implementation EMB has to work closely with the task force to of electoral activities. ensure that electoral activities do not lead to a spike in infection rates, as has been observed in 7.2 Coordination with security agencies a number of countries in the Africa region fol- The police and army often play a role in the lowing the implementation of electoral activi- implementation of electoral activities in African ties. The Electoral Commission of Ghana, for countries, which may be heightened when deliv- example, coordinated with the health service to ering elections during a pandemic. However, it provide a district nurse at registration centres, is important security agents are sensitised to 14 COVID-19 and Election Management in Africa respect the electoral process. For example, they its electoral calendar. This kind of collaboration should not act in ways that intimidate or harass shows citizens that their best interests are being registrants or voters. Most EMBs have a plan- considered and their health is of utmost impor- ning and implementation committee that has tance. Moreover, it ensures that all stakeholders representatives of the security agencies present, are on the same page and are working towards which should help address any information and the same goal. communication gaps as to the role of security. 7.4 Coordination with citizen groups and The rapport between the EMB and security non-governmental actors agencies should allow for the speedy resolution of issues as the activities progress. Organised civil society, particularly domestic election observers, policy organisations, pro- 7.3 Coordination with political parties fessional associations, religious groups and Political parties are important players in the the media are also critical to delivering elec- implementation of the electoral calendar, not tions, especially in the COVID-19 context. Just only because they put forward candidates but like political parties, their presence in various also because they have the reach and resources communities gives them the legitimacy and to support EMBs to disseminate information credibility needed to disseminate messages to citizens across the country. There are a and sensitise citizens with guidance from the number of ways political parties can support EMB. The media also plays an important part EMBs to confront the challenges of COVID- in sustaining the intensity of public educa- 19 if they are engaged early in planning and tion throughout the electoral process. Such decision-making. They can enhance citizen groups should be included when establishing trust in the EMB, particularly by encourag- implementation committees or consultation ing party supporters to understand changes mechanisms. in the law and accept the results of the elec- 7.5 Coordination with inter-governmental tions. They can help build confidence in the agencies and international election electoral process and contribute to enhancing observers its integrity. The level of influence that parties have also Inter-governmental organisations includ- means that they can more effectively encour- ing the AU, ECOWAS, the Southern Africa age their supporters to listen to public health Development Community (SADC), and the messages and follow instructions coming from Commonwealth have stepped up efforts to the EMB. In many cases, citizens do not com- support countries through the COVID-19 ply with the protocols at polling or registration pandemic. Their convening platforms and centres. Enforcement requires the use of influ- comparative knowledge and insights are a peer encers and constant reminders – with some learning resource for EMBs looking for best demonstrable threat of sanctions – to get peo- practices in implementing electoral calendars ple to change their behaviour. While additional in the COVID-19 context. EMBs are encour- staff play an important role, political parties can aged to reach out and engage with these bod- always help to promote compliance. ies as part of their planning activities. Similarly, Some EMB structures include political party inter-governmental agencies continue to play representation while others do not. Either way an important role in the building of confidence there should be a conscious effort to engage in the electoral process, whether it is through the parties to support EMB plans. In Nigeria, the provision of technical assistance or support for example, INEC, political parties and health to credible domestic observer organisations. authorities are all expected to work together It is notable that COVID-19 measures within communities to share information, for have disrupted the activities of international example on minimising risk during rallies and observer organisations. While the easing of how to vote safely. A guidebook put together by travel restrictions mitigates the challenges that the Nigeria CDC states clearly what the roles international observers are likely to face, it is of these three stakeholders will be during the still necessary to develop new health provi- electoral cycle in order to keep citizens safe.35 sions and standard operating procedures to In Namibia, the EMB works with a Political reduce any risk of these missions spreading the Liaison Committee in the implementation of virus. EMBs on their part could review their Commonwealth Elections and COVID-19 Briefing Paper 2021/01 15 accreditation processes to allow sufficient time some countries. In addition, EMBs should con- for international observers to make adequate sider means of supporting observers in updat- plans for their observation, particular since ing their observation instruments to effectively there are still strict quarantine rules operating in assess elections within the COVID-19 context.

8. Public communication

8.1 The importance of information and stakeholders should still be mindful of how communication they communicate to sections of the popula- Clear and timely communications have always tion that do not have regular internet access, been paramount to the delivery of credible disabled people and people who do not speak elections. In the context of a pandemic, they western languages and rely on local dialects for become even more important. Transparency is communication. key to building stakeholder trust in the EMB, In countries such as Nigeria, communica- while effective civic and voter education play tions to the citizenry about the changing land- an essential role in equipping the citizenry scape of elections has taken place through with the tools they need to participate in their infographics, policy briefs, billboards and democracy. However, traditional approaches to other traditional forms of media. According communications and stakeholder engagement to INEC, “[The] Commission remains com- have also been disrupted by the COVID-19 mitted to raising public confidence in the elec- outbreak. This health risk has forced EMBs to toral process in spite of the challenges posed change their message and approach in order to by the pandemic and to regularly communi- 36 minimise the risk of infection during elections. cate its actions and challenges to the public”. With the outbreak of the novel coronavi- In order to continue raising public confidence, rus, a number of EMBs have created a strong INEC has drawn up a policy brief to help guide internet presence, as in Ghana, Mauritius and various election-related activities in response Nigeria, for example. This change has been to the pandemic. Although the general elec- made to better engage with and inform citizens tions will not be taking place until 2023, INEC remotely. However, EMBs and other electoral has already been conducting a number of

Figure 1. A post about INEC’s policy on its Facebook page 16 COVID-19 and Election Management in Africa

Figure 2. Information about candidates shared by INEC

Figure 3. Voter registration infographics published on the Electoral Commission of Ghana’s social media accounts Commonwealth Elections and COVID-19 Briefing Paper 2021/01 17 senatorial and gubernatorial elections, which Centre and the myINEC app are innovative has enabled it to experiment with various tools channels that INEC is using to promote com- and strategies. munication between stakeholders and to share The new policy enforces consultations information. The app is readily available on with the National Centre for Disease Control Android and Blackberry platforms and has (NCDC) and other authorities to aid in the had 10,000+ installs. These technologies allow messaging for voting and running elections citizens to call or message INEC with any ques- during the pandemic.37 tions and concerns they may have pertaining to the electoral process. This limits physi- 8.2 Utilising communication platforms cal interactions and allows more citizens to Before the pandemic, both EMBs and political engage with the Commission while at the same parties relied heavily on public events to share time reducing congestion at the Commission information through rallies, conferences etc. office.38 In order to keep stakeholders informed, EMBs The Malawi Electoral Commission also com- have had to find other ways to communicate. municated its policies through different forms Many of them have set up innovative platforms, of media. For example, posters on the impor- increasingly utilising technology to ensure that tance of following COVID-19 preventive mea- everyone has access to the relevant information sures, which emphasised the need to social necessary to carry out elections safely and cred- distance and avoid handshaking, were put up in ibly. However, it is important to note that when public spaces such as bus stops in order to com- using digital platforms, EMBs need to ensure municate the importance of staying safe and that trained personnel well versed in social protected during elections. Voter education media sensitivities are monitoring and inter- delivery channels included traditional media – acting with the public to ensure information is radio, television and print – and social media. authentic and credible. The use of large-scale public meetings was dis- In Nigeria, for example, there has been an continued in order to ensure social distancing expansion of new media channels and technol- protocols were observed.39 ogies that are being used in order to commu- The Electoral Commission in Ghana is also nicate with stakeholders. The Citizens Contact using social media alongside traditional forms

Figure 4. The myINEC app 18 COVID-19 and Election Management in Africa of media to communicate with stakeholders. Figure 5. The ECN debunking false information on its 40 Their active Instagram, Twitter and Facebook Twitter page accounts allow citizens to engage with the Commission by asking questions or by access- ing necessary information online, such as where they can register to vote. The use of infographics, pictures and reports on social media pages cre- ates a new form of access to reliable and credible data from the Commission itself – for example, interested stakeholders can easily find out how many people have registered to vote. Similar efforts have been successful for the Mauritius EMB. However, relying too heavily on technol- ogy and social media excludes groups of people who do not have regular access to the internet or smart devices, for example, rural and low-income communities. In addition, it creates opportunities for disinformation to thrive (see below). A balance between tradi- tional media (including television and radio which can be more accessible to those with low levels of literacy) and new media needs to be struck in order for information to be dis- seminated to all. Issues of security also need to be considered. For example, increased reliance on new plat- ECN on Facebook and the ECN immediately forms increases the possibility of hacking. If an responded by providing the correct informa- official website or social media account were tion and making it clear to the public that there compromised, this could significantly under- had been a case of disinformation. They then mine trust in the EMB and potentially impact proceeded to share this correction on all social the credibility of the election itself. media platforms, stating very clearly that the initial post was fake. 8.3 Tackling misinformation and The speed at which this information was cor- disinformation rected is commendable. This example highlights Issues of disinformation (false or misleading that although new media can create informa- information shared deliberately) and misinfor- tion challenges, an enhanced social media pres- mation (false or misleading information shared ence can also allow EMBs to speedily address accidently) arise in a multitude of scenarios issues of misinformation and disinformation. during election periods. Such a case of disin- However, EMBs cannot rely on social media formation occurred in Namibia in July 2020, alone. Strong mechanisms for engaging with for example, when the Electoral Commission election stakeholders, particularly politi- of Namibia (ECN) was advertising for polling cal parties and major traditional media out- station staff via social media. The advertise- lets, enables election officials to communicate ment was intercepted, and the contact details effectively and counter false information where were changed. A concerned citizen alerted the necessary. Commonwealth Elections and COVID-19 Briefing Paper 2021/01 19

9. Campaigning, voting and post-election activities

9.1 The campaign period process. In several countries, political party The COVID-19 disruption has in several cases candidates and independents use the nomi- significantly reduced the time between the pre- nation process as a campaigning opportunity, election phase and election day. As electoral arriving in a fleet of cars with their supporters to calendars are time-bound, suspension of any submit their forms. COVID-19 is changing this activity in the calendar leads to a shrinking of practice. EMBs are using online platforms to the election preparation period. This means receive and process applications. As mentioned that EMBs have to reassess the entire electoral in 3.2 above, INEC Nigeria now has a dedi- calendar, anticipate the challenges at each phase cated portal with controlled access for candi- of implementation and plan accordingly. date nominations. Malawi used both an online Electoral laws around campaigning vary and drop-off system for candidates for their considerably across the continent. Some pro- fresh presidential elections in June 2020. Ghana vide for a set campaign period, but often this is plans to make the nomination forms available not fully regulated, and unofficial campaigning online early and increase the days for submit- will begin several weeks, if not months, before ting these and making corrections. Cameroon the anticipated election date. Furthermore, the is sticking to traditional methods but with strict power to regulate campaigning does not always protocols: only candidates can enter the divi- rest with the EMB. With COVID-19, the can- sional offices to submit their application for the didates and their supporters moving around or upcoming regional elections. EMBs that are yet meeting in mass gatherings increases the risk of to take candidate nominations should consider spreading infection. Where the EMB is empow- establishing similar systems. ered, there should be clear guidelines on how 9.3 Special/early voting candidates should conduct themselves as well as enforcement of maximum limits on gather- Special or early voting provisions are often ings. For example, INEC Nigeria has responsi- reserved for voters who, as a result of their role bility for monitoring political party campaigns on election day, may not be able to exercise and has been engaging with parties to develop their franchise. This category of voters includes strict guidelines for adherence to COVID-19 election and security officials, domestic observ- prevention rules. In other cases, it is the gov- ers, representatives of the media and state offi- ernment’s guidelines that are responsible for cials working abroad in embassies and high constraining campaigning and promoting pub- commissions. The pandemic may require that lic health. Ghana, for example, banned all mass EMBs expand the list to include frontline health gatherings, initially restricting meetings to a workers, persons sick with COVID-19 and in maximum of 25 persons (later relaxed to 100 health facilities, persons in home quarantine persons). As noted in the first briefing paper on and persons who appear at voting stations with COVID-19 and elections,41 however, such mea- coronavirus symptoms. In South Africa, the sures may negatively impact the promotion of Independent Electoral Commission had exist- issue-based elections and voter participation. ing provision for house visits for elderly voters For example, the measures in Benin were found who cannot come to the polling station.43 This to have negatively affected the turnout fig- framework may be considered for others look- ures.42 Generally, protection against COVID- ing to make voting more accessible to vulner- 19 should not be at the expense of democratic able groups in the context of the pandemic. principles. Any decisions to restrict freedoms For countries that make legal provision for should be based on extensive consultations out-of-country voting, such as Kenya, Namibia with all stakeholders and backed by science. and South Africa, EMBs must also consider how this can be implemented in the context 9.2 The nomination process of the pandemic. For example, voters abroad It appears that EMBs in the region are embracing might normally vote at the embassy or high the use of technology to address the challenges commission, travel home or use proxy voting of COVID-19 as it relates to the nomination options to exercise their franchise. Changes to 20 COVID-19 and Election Management in Africa registration processes, restrictions on move-• the provision of hand washing/sanitising ment for citizens abroad and border closures facilities on entry may therefore impact their ability to participate • the promotion of wearing face coverings in in the election. It is important these issues are the polling station resolved early to ensure those who are eligible • the introduction of cleaning protocols for to vote are able to do so. Ghana, for example, any equipment used, e.g., biometric capture has not yet implemented legal provisions to reg- machines ister and vote abroad, however, it did extend its • temperature checking for all voters (where voter registration exercise to give travellers and non-contact thermometers are available) citizens living abroad a one-day dispensation to register once travel restrictions were relaxed. EMBs must also consider what protocol to The issue of who can benefit from spe- put in place if a voter is found to have a high cial or early voting provisions may have to be temperature or symptoms during electoral addressed on a case-by-case basis. The aim, activities. In Ghana’s registration exercise, for however, must be to provide ample opportunity example, a district nurse was stationed at regis- for citizens affected by COVID-19 restrictions tration centres to advise and respond to emer- to register or vote. gencies. Persons with high temperatures were immediately referred to the nearest clinic or 9.4 Election day hospital and such applicants could arrange to There are many good examples and innovations register later. However, on election day, such an that EMBs can adopt on election day to reduce approach would risk disenfranchising voters. the spread of COVID-19, encourage participa- EMBs may have to look at the rules on proxy tion and enable the free exercise of each citizen’s voting to allow such a person to designate a democratic right. proxy on the spot or consider setting up des- One option is to reduce the number of vot- ignated areas for them to vote. Namibia has ers per polling station by creating more poll- mobile polling stations that may be adapted for ing stations. Malawi, for example, reduced the voting by persons who have COVID-19. number of voters at each polling station from 9.4 Counting, results transmission and 1,000 to 800. This has some logistical and finan- announcement cial implications – new polling venues must be identified, staffed and provided with sufficient Effort should be made to limit crowding dur- materials – but was felt to have reduced the ing the counting process. The transparency of number of people in queues to vote. Ghana is this process is enhanced when party agents and planning to reduce the number voting at each accredited observers can observe the proceed- polling station to 750 in the upcoming election. ings, even if this is from a reasonable distance. It Other queue management methods include may be useful for EMBs to consider starting the INEC Nigeria’s system of two-tier queues, voting early and closing early so that election where polling officials are directed to establish officials can use the natural light to complete the an outer queue and inner queue in enclosed ballot counting process. Similarly, results cen- locations.44 A voter arrives at the polling station tres at both national and constituency levels can and joins a queue outside until there is space be set up to ensure adequate social distancing. to queue inside the voting area. Polling station INEC Nigeria’s guidelines, for example, require officials move voters from the outer queue to a queue to be formed outside with appropriate the inner queue in batches. This may not apply social distancing to allow for relevant individu- in an open field or school ground where there is als to be admitted into the collation centre where sufficient space for socially distanced queuing. again there is appropriate social distancing. This For example, in Rwanda, the EMB has secured includes the candidate, one agent, observers large spaces to ensure adequate social distance (also capped) and the media. can be complied with for upcoming mediator Other EMBs have to adopt more traditional elections. methods of voting, counting and transmission of Apart from social distancing, EMBs have results. For example, the Electoral Commission adopted a range of measures at polling stations, of Namibia took the decision to abandon the including: use of EVMs for its regional council and local Commonwealth Elections and COVID-19 Briefing Paper 2021/01 21 authority elections in November 2020. This was 9.5 Election adjudication and coordination in part due to a Supreme Court ruling that it with the judiciary could not use the EVMs without a voter veri- It is important for an EMB to build a good rap- fied audit trail (essentially a paper trail),45 and port with the judicial service to ensure that the ECN46 could not afford verification devices cases arising from its decisions are dealt with because of the impact of COVID-19 on its expeditiously. Going to court is always a mat- finances. Moreover, the ECN argued that using ter of last resort, which is why EMBs should EVMs involves substantial touching of surfaces, endeavour to engage key stakeholders through- which could enable the spread of infection, so out the electoral process to avoid court battles paper ballots were used instead. as far as possible. Nonetheless, there is a lot the Generally, EMBs should also look to simplify judiciary can do, including amending the elec- the process of results transmission to reduce tion petition procedure if need be to allow for contact points and points of interference as virtual hearings, designating special courts to well as increase the speed of transmission to the hear election petitions and providing educa- national facility. Beyond simplification, more tion materials for potential litigants and their effort should be made to increase the transpar- lawyers so they are informed in advance of the ency of the vote such as displaying the polling COVID-19 mitigation measures in place. As station results online via a separate website. discussed in 4.1 earlier, courts are respond- EMBs also need to increase the security mea- ing to some of these challenges and adjusting sures by, for example, strengthening their digi- their protocols to ensure that there is electoral tal defences to ensure that results cannot be justice. The example of the judiciary in Kenya, tampered with online. EMBs, in consultation where the court is implementing open air with the relevant stakeholders, should therefore courts to allow for litigants to fully participate consider their own circumstances and electoral in proceedings and to support applicants with- history in making adjustments to the results out the internet to access the e-filing platform, management aspect of elections, noting the is positive. sensitivities around this stage of the process.

10. Conclusion

The importance of seeking free, fair, trans- the introduction of new rules or policies or the parent and peaceful elections irrespective of provision of new guidelines, changes must be COVID-19 properly and clearly articulated to offer guid- The exercise of the right to vote remains a ance to the electoral officials who will be imple- fundamental human right even when facili- menting them or the stakeholders who need to tated in the context of a pandemic. EMBs have comply with them. In executing these responsi- an obligation to ensure that the right is prop- bilities, EMBs must be practical and adaptive to erly secured in spite of the challenging cir- the changing environment. cumstances. Moreover, EMBs must continue The importance of building trust among all to strive to achieve free, fair, transparent and stakeholders throughout the process peaceful elections. Considering the pre-exist- Successful elections are built on trust among ing challenges in the Africa region, EMBs have stakeholders. The challenging environment of to work harder to ensure that these do not frus- a pandemic requires a lot more trust building trate their efforts to deliver credible elections. to protect lives and deliver credible elections. Working pragmatically and proactively within Political parties, CSOs, domestic and interna- the law remains the best approach tional observers, development partners, govern- Elections rely heavily on procedure. EMBs ment, the police, the media, the health service and must remain true to that approach. Whether citizens should be engaged early, and this should it is the implementation of a legal amendment, continue throughout the electoral process. 22 COVID-19 and Election Management in Africa

Planning for a post COVID-19 era The role of the Commonwealth Secretariat It is difficult to predict when the pandemic will This discussion paper commissioned by the end, but the likelihood is that it will continue to Commonwealth Secretariat is an important have an impact for many months, if not years, contribution to the knowledge emerging from to come. The lessons learnt from the response practitioners as they respond to the pandemic. should be harnessed to improve on the emer- This type of technical support, and the creation gency and crisis management plans of EMBs. It of a community of learning that allows vari- presents an opportunity for EMBs in the Africa ous EMBs within the Commonwealth to share region to adopt strategies and provide alternatives good practices, can only help promote electoral to many aspects of the electoral process, particu- integrity, secure the rights of Commonwealth larly remote registration and voting. Nevertheless, citizens and ensure credible and peaceful elec- technology will remain a tool, so efforts should be toral outcomes. made to continue to build trust by enhancing sys- tems and structures offline and online.

Notes

1 World Health Organization (WHO) (2020), ‘COVID- 5 Dery, DA (2019), ‘Challenge Associated with Ghana’s 19 in the WHO African Region’, Dashboard, available Voters Registration Exercise’, International Journal of at: https://who.maps.arcgis.com/apps/opsdashboard/ Research and Innovation in Social Science III(VII), p. 444. index.html#/0c9b3a8b68d0437a8cf28581e9c063a9 6 International Idea reports that 25 out of 51 coun- (accessed 24 August 2020); WHO (2020), ‘COVID- tries in Africa use biometrics to capture registration 19: Situation Update for the WHO African Region’, data. See: International Idea (2020), ‘Africa’, ICTs in External Situation Report 31, 30 September, available Elections Database, available at: https://www.idea. at: https://apps.who.int/iris/handle/10665/335766 int/data-tools/continent-view/Africa/61 (accessed 20 (accessed 20 November 2020). November 2020). 2 In spite of the fact that the Africa case count is lower 7 African Union (2019), ‘African Union Election than that of other regions, there was a significant Observation Mission to the 2019 General Election jump in cases from June to July. At the end of June, in the Republic of Namibia (Preliminary Report)’, total case count was 236,909, but it rose to 734,783 African Union, Addis Ababa, p. 7. at the end of July with a corresponding increase in 8 Osei-Afful, R (2019),Lessons from South Africa’s 2019 the associated mortality rate. This went from 5,257 Elections, Ghana Center for Democratic Development, at the end of June to 12,476 at the end of July. See: Accra, p. 2. WHO (2020c), ‘COVID-19: Situation Update for 9 American Friends Service Committee (2018), the WHO African Region’, External Situation Report ‘Electoral Violence: Causes and Prevention’, avail- 17, 24 June, available at: https://apps.who.int/iris/ able at: https://www.afsc.org/sites/default/files/docu- handle/10665/332705 (accessed 20 November 2020) ments/Electoral-violence-handout-web-version.pdf and WHO (2020d), ‘COVID-19 Situation Update for (accessed 20 November 2020). the WHO African Region’, External Situation Report 10 See: Commonwealth Secretariat (2020), ‘Managing 22, 29 July, available at: https://apps.who.int/iris/han- Elections in the Context of COVID-19: Perspectives dle/10665/333559 (accessed 20 November 2020). At from the Commonwealth’, Commonwealth Elections the end of September, there was evidence of a decline and COVID-19 Briefing Paper Issue 1, Commonwealth in cases, with 31 countries recording a decrease in new Secretariat, London, p. 6. cases. 11 Electoral Institute for Sustainable Democracy in Africa 3 Asplund, E and Akinduro, O (2020), ‘The COVID-19 (2020), ‘2020 African Election Calendar’, available at: electoral landscape in Africa’, available at https://www. https://www.eisa.org/calendar2020.php (accessed 20 idea.int/news-media/news/covid-19-electoral-land- November 2020). scape-africa (accessed 20 November 2020). 12 Electoral Institute for Sustainable Democracy in Africa 4 Several countries – including Ghana, Nigeria, Sierra (2020), ‘2021 African Election Calendar’, available at: Leone and South Africa – went into lockdown. The https://www.eisa.org.za/calendar2021.php (accessed Electoral Commission of Ghana had to postpone 27 July 2020). its scheduled voter registration exercise after the 13 United Nations Economic Commission for Africa President declared a partial lockdown of three major (UNECA) (2013), African Governance Report III: cities: Accra, Tema and Kumasi. Elections and the Management of Diversity, Oxford University Press, Oxford, p. 180. Commonwealth Elections and COVID-19 Briefing Paper 2021/01 23

14 Ghana’s elections are said to have cost US$12 per 20 June, available at: https://kaftanpost.com/the-con- voter in 2016 (multiplied by 15,712,505 equals stitutionality-of-virtual-court-hearings-and-procee- US$188,550,060). See Ghanaweb (2019), ‘Elections in dings-in-nigeria-during-covid-19-era/ (accessed 23 Ghana Too Expensive – EC Boss’, 28 January, available November 2020). at: https://www.ghanaweb.com/GhanaHomePage/ 25 Mwendo, M (2020), ‘Kenya Is Trying to Deliver Justice NewsArchive/Elections-in-Ghana-too-expensive-EC- Online: What Needs to Be Done’, The Conversation, Boss-718790 (accessed 24 August 2020). 9 August, available at: https://theconversation.com/ 15 UNECA 2013, op. cit. kenya-is-struggling-to-deliver-justice-online-what- 16 Eyinla, B (2020), ‘The Impact of COVID-19 on needs-to-be-done-139675 (accessed 28 August 2020). Elections and EMBs’, Commonwealth Elections 26 Commonwealth Secretariat 2020, op. cit. Professionals (CEP) Webinar, July 2020. 27 Ibid. 17 Ibid. 28 Eyinla 2020, op. cit. 18 United Nations University-World Institute for 29 Electoral Commission, The (2020), ‘Campaign Development Economics Research (UNU-WIDER) Guidelines for Presidential Candidates Including (2020), ‘COVID-19 and the Socio-Economic Impact in Standard Operating Procedures to Mitigate the Effects Africa: The Case of Ghana’, Background Note, available at: of Covid-19’, EC, Kampala, available at: https://www. https://www.wider.unu.edu/publication/covid-19-and- ec.or.ug/sites/default/files/press/Presidential%20 socioeconomic-impact-africa-1#:~:text=The%20out- Campaign%20Guidelines%202020.pdf (accessed 20 break%20of%20the%20COVID,the%20region%20 November 2020). in%2025%20years (accessed 28 August 2020). 30 Interview with Senior Official at the Ghana EC, July 19 Independent National Electoral Commission (INEC) 2020. Nigeria (2020), Policy on Conducting Elections in the 31 Ibid. Context of the COVID-19 Pandemic, INEC Nigeria, 32 Alfandinka 2020, op. cit. Abuja, p. 1. 33 Commonwealth Secretariat 2020, op. cit., p. 13. 20 Interview with Mohammad Irfan Abdool Rahman, 34 Interview with Senior Election official at the Ghana Electoral Commissioner of Mauritius, August 2020. EC, July 2020. 21 Alfandika, S (2020), ‘The Conduct of Malawi’s 35 National Center for Disease Control (NCDC) (2020), Fresh Presidential Election Amidst the COVID-19 Guidelines for Conducting Elections During the COVID- Pandemic’, Commonwealth Elections Professionals 19 Outbreak in Nigeria, NCDC, Abuja, pp. 3-5. (CEP) Webinar, July 2020. 36 INEC Nigeria 2020, op. cit., p. 1. 22 Economic Community of West African States 37 Ibid., p. 13. (ECOWAS) (2001), Protocol on Democracy and 38 Ibid. Good Governance (A/SP1/12/01), available at: 39 Alfandika 2020, op. cit., p. 6. https://www.ohchr.org/EN/Issues/RuleOfLaw/ 40 See https://twitter.com/ecn_namibia/status/12881852 CompilationDemocracy/Pages/ECOWASProtocol. 65257959425?s=21. aspx (accessed 6 August 2020). 41 Commonwealth Secretariat 2020, op. cit., p. 23. 23 17 out of 21 Commonwealth African countries have 42 Asplund, E and Akinduro, O (2020), ‘The COVID-19 some legal provision that allows out-of-country vot- electoral landscape in Africa’, available at https://www. ing. See: International Idea (2020), ‘Voting from idea.int/news-media/news/covid-19-electoral-land- Abroad Database’, available at: https://www.idea.int/ scape-africa (accessed 20 November 2020). data-tools/data/voting-abroad (accessed 20 November 43 Ibid. 2020). 44 Eyinla 2020, op. cit. 24 The Nigerian court’s actions and subsequent efforts 45 Tjipueja, N (2020), ‘Briefing on the ECN State of by the Senate to pass a law allowing for virtual hear- Preparedness for the 2020 Regional Council and ings have been challenged at the Supreme Court Local Authority Elections’, 19 June, Namibia, available as unconstitutional. See: Kaftan Post (2020), ‘The at: https://www.ecn.na/press-release/ (accessed 28 Constitutionality of Virtual Court Hearings and August 2020). Proceedings in Nigeria During the COVID-19 Era’, 46 Ibid.