Electoral Institute for Sustainable Democracy in Africa

EISA PRE-ELECTION ASSESSMENT MISSION REPORT

REPUBLIC OF 07 DECEMBER 2020 EISA PRE-ELECTION ASSESSMENT MISSION REPORT | REPUBLIC OF GHANA | 07 DECEMBER 2020

TABLE OF CONTENTS

List of Abbreviations 3

1. EXECUTIVE SUMMARY 4

2. HISTORICAL BACKGROUND AND CONTEXT OF THE 2020 ELECTIONS 4 2.1. Historical background 4 Table 1: Political trends in Ghana 5 Table 2: 2016 Presidential Results 6 Table 3: 2016 Parliamentary Election Results 6 2.2. Political environment: 6

3. THE CONSTITUTIONAL, LEGAL AND INSTITUTIONAL FRAMEWORK 7 GOVERNING THE 2020 ELECTIONS 3.1. Legal framework 7 3.2. The Electoral system 8 3.3. Election Management 9

4. KEY FINDINGS ON THE PRE-ELECTION PHASE 9 4.1. Political Dialogue 9 4.2. Voter registration 10 4.3. Political party registration and candidate nomination 10 Table 4: Registered voters 2020 (Registered by EC) 11 4.4. The media 12 4.5. Citizen Election Observation 13 4.6. Gender and minority rights 13 4.7. Civic and voter education 14 4.8. Security 14 4.9. Campaigns 15 4.10. Preparedness of the EMB 15

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List of Abbreviations

AU CDD Centre for Democratic Development C.I. Constitutional Instrument CODEO Coalition of Domestic Election Observers CPP Convention People’s Party CSOs Civil Society Organizations ECG Electoral Commission of Ghana ECOWAS Economic Community of West African States EISA Electoral Institute for Sustainable Democracy in Africa EOM Election Observation Mission IPAC Inter-Party Advisory Committee MMC Media Monitoring Centre NCCE National Commission for Civic Education NDC National Democratic Congress NDP National Democratic Party NPP PAM Pre-election Assessment Mission PNC People’s National Convention PPP Progressive People’s Party WANEP Network for Peacebuilding NGOs Non-governmental organisations AROs Assistant Returning Officers PVT Parallel Vote Tabulation ROs Returning Officers RPP Registrar of Political Parties

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1. EXECUTIVE SUMMARY elections, the recent amendments to some of the legislation and regulations, specifically to produce a new Through the implementation of its Enhancing the biometric voter register to address challenges from the Legitimacy and Integrity of Elections in Africa Programme 2012 and 2016 voter registers. The mission also commends and in line with its mission of promoting credible elections, the Electoral Commission of Ghana (EC) for the efficient citizen participation and strengthening political institutions administrative and logistical preparations ahead of the for sustainable democracy in Africa, the Electoral Institute elections. Particularly, the extra measures put in place for Sustainable Democracy in Africa (EISA) deployed a in response to COVID-19. The mission further noted the two-member Pre-Election Assessment Mission (PAM) to adequate use of social media by the Electoral Commission the Republic of Ghana from 09 November-13 November to conduct voter education. However, there is a lack of 2020. collaboration between the Electoral Commission, the National Commission for Civic Education (NCCE), and civil The PAM was tasked with assessing the pre-election and society organisations which tends to result in overlapping political context in Ghana, and to determine whether civic and voter education activities. conditions exist for conducting democratic elections during the presidential and parliamentary elections scheduled to take place on 07 December 2020. 2. HISTORICAL BACKGROUND AND CONTEXT OF THE 2020 ELECTIONS The mission also examined the state of preparedness for the Electoral Commission (EC Ghana), political parties, 2.1. Historical background national Civil Society Organisations (CSOs), the media, International Non-Governmental Organizations (INGOs) Ghana gained its independence on 06 March 1957 and was and other stakeholders, for the forthcoming elections proclaimed a republic in 1960 with Dr. of and making an overall assessment of the fairness of the the Convention People’s Party as its first Prime Minister. He process. held power until 1966 when he was overthrown through a military coup by Lieutenant General Joseph Ankrah of The EISA PAM’s assessment is based on international the National Liberation Council (NDC). There were several benchmarks for democratic elections provided in the coups’ d’états, and of the NDC remained in African Charter for Democracy, Elections and Governance; power as the military head of state from 1972 until 2000. the AU/OAU Declaration on the Principles Governing A constitutional referendum held in April 1992 allowing Democratic Elections in Africa; the Declaration of for a multi-party system was approved paving THE way Principles for International Election Observation; the for multiparty politics in the country. Seven successful Principles for Election Management, Monitoring and general elections l have since been held in 1992, 1996, Observation (PEMMO); and the Ghanaian legal framework 2000, 2004, 2008, 2012 and 2016. for elections. President Jerry Rawlings of the NDC won the elections In fulfilment of its mandate, the mission held consultative again in 1996 and remained president until 2000 election meetings with electoral stakeholders in . EISA wishes when he transferred power to President John Agyekum to express its gratitude to the stakeholders who met Kufuor of the NDC after he had served his mandatory two with the assessment team and provided the necessary terms. President Kufuor won the election again in 2004 information for the realisation of the mission’s objectives. and served until 2009 when he handed over power to President . In the 2008 election, none of The mission noted that while the legal framework broadly the contesting candidates was able to garner 50-percent- provides sufficient basis for the conduct of democratic plus-one of the votes needed to avoid a run-off election. In

4 EISA PRE-ELECTION ASSESSMENT MISSION REPORT | REPUBLIC OF GHANA | 07 DECEMBER 2020 the run-off election held a few weeks later, between Nana a sitting government had been defeated in the political Akufo-Addo and John Atta Mills, the two candidates who since 1992. had received the most votes, Mills was declared winner. Mills, however, served only one term from 2009-2012 and In comparison to other countries in West Africa, Ghana died while in office. He was succeeded by Vice President has managed to have peaceful transitions over the course John Dramani Mahama who was declared substantive of the years. In the 2016 election, incumbent President President as prescribed by the 1992 Constitution of Mahama quickly accepted his loss and conceded, paving Ghana and held the position from July 2012 till the the way for the winner to begin the peaceful transition general election in December 2012. In the 2012 election, process. NDC retained to compete with NPP’s Nana Akufo-Addo in a very competitive election that saw NDC The 07 December 2020 presidential and parliamentary win the election by a slim margin of (50.7%). The result elections will therefore be the country’s eighth since the was contested in the Supreme Court which upheld the transition to multiparty democracy in 1992. The elections Electoral Commission’s decision to declare John Mahama come highly contested as President Mahama, who lost to as winner. President Nana Kufuor in 2016, will be returning to contest a second final term. The election will also be conducted by President Mahama sought re-election in the 2016 election, a new chair of the Electoral Commission, Mrs. Jean Mensa, for a second and final term with his main challenger, the who was appointed in 2018. This followed the dismissal of opposition’s Nana Akufo-Addo. He was h defeated by former Electoral Commission chairperson , Nana Addo by a wide margin of over one million votes alongside her two deputies on grounds of abuse of office with a 53.9% win. Manama’s defeat was the first time and financial malpractices.

Table 1: Political trends in Ghana

Year Name of President Political party 1960 - 1966 Kwame Krumah CPP 1966 - 1969 Jospeh Arthur Ankrah National Liberation Council (NLC) 1969 – 1970 Military 1970 - 1972 Edward Akufo-Addo Independent 1972 - 1978 Kutu Acheampong Military 1978 - 1979 Military 1979 (4 June) – 1979 (24 Sept) Jerry Rawlings Military 1979 - 1981 PNP 1981- 1993 Jerry Rawlings Provisional National Defense Council 1993 - 2001 Jerry Rawlings NDP 2001 – 2009 NPP 2009 – 2012 John Atta Mills NDP 2012 – 2017 John Mahama NDP 2017 – present Nana Akufo-Addo NPP

Source: World Atlas

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Table 2: 2016 Presidential Results

Candidate Party Votes % Vote Nana Akufo-Addo New Patriotic Party (NPP) 5,755,758 53.72 John Dramani Mahama National Democratic Congress (NDC) 4,771,188 44.53 Paa Kwesi Nduom Progressive People’s Party (PPP) 106,092 0.99 Ivor Greenstreet Convention People’s Party (CPP) 25,552 0.24 Edward Mahama People’s National Convention (PNC) 22,214 0.21 Nana Konadu Agyeman Rawlings National Democratic Party (NDP) 16,935 0.16 Jacob Osei Yeboah Independent 15,911 0.15 Total 10,713,650 100

Source: Electoral Commission Ghana

Table 3: 2016 Parliamentary Election Results

Political Party No. of Seats 2016 No. of seats 2010 +/- New Patriotic Party (NPP) 169 123 +46 National Democratic Congress (NDC) 106 148 -42 Progressive People’s Party (PPP) 0 0 0 Convention People’s Party (CPP) 0 0 0 People’s National Convention (PNC) 0 1 -1 National Democratic Party (NDP) 0 0 0 All People’s Congress (APC) 0 New Great Consolidated Popular Party (GCPP) 0 0 0 United Front Party (UFP) 0 0 0 Democratic People’s Party (DPP) 0 0 0 United Progressive Party (UPP) 0 New Independents 0 3 -3 Total 275 275

Source: ECG

2.2. Political environment: The Electoral Commission has approved 12 candidates to contest the presidential election. However, the election The political environment in Ghana has been relatively is expected to be a two-horse race between the NDC stable and having a predictable political environment (National Democratic Congress) and the NPP (New since 1992. Political leadership has revolved around the Patriotic Party). The incumbent President Nana Akuffo- two main political parties-National Democratic Congress Addo of the NPP is running for his own succession for the (NDC) and New Patriotic Party (NPP), who have alternated second and final term of office and on the NDC side, John leadership since then. In as much as there are other Dramani Mahama will be contesting after losing the 2016 political parties, the country seems to be heading in the election. direction of a two-party state, as the other parties have seen a steady decline in their political fortunes.

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There have been heightened political tensions in the run up to the election with accusations of vigilantism by On election day, a voter will be expected to follow the political parties. Political parties have alleged bias by the following steps: security forces towards the ruling party as justification for creating vigilante groups. The role of these vigilante 1) Join a queue while respecting social distancing. groups has come into question with the increased clashes 2) Be invited to wash their hands at a Veronica during political events. bucket filled with soapy water or with water and soap in tandem - whether before joining the The election will also take place at a time when the queue or at some later COVID-19 and Ghana’s country is mourning the death of former President Jerry 2020 Elections 7 Point Regulations. Rawlings, an iconic figure who died on 12 November in 3) Have their temperature taken and would either the capital, Accra, at the age of 73. President Rawlings, be allowed to proceed or directed to a separate who was a member of the NDC party, is credited with area to await further attention. ushering in multi-party democracy in Ghana and boosting 4) Hand sanitiser would be applied, either before or the country’s economic profile through investments and after the temperature was checked. tough struggle against corruption and waste of national 5) Present the voter identification card which would resources. Nana Konadu Agyeman-Rawlings, the former be checked against a manual register and ticked president's widow, will be contesting for the presidency off. on the National Democratic Party (NDP) ticket. 6) The card would be checked against a photographic register and a record taken with the biometric 2.3 COVID-19 pandemic in Ghana: verification device. 7) Be requested to place their right forefinger on the The 2020 will proceed against a biometric verification device. background of the COVID-19 pandemic. The government 8) If that proceeded without any problem, the voter instituted measures to curb its spread including closing the would place the small finger of the right hand in a borders, a ban on public gatherings - notably conferences, pot of ink to signal that they had voted. funerals, weddings, religious services, and political rallies 9) The voter would collect a ballot paper for the - and the temporary closure of schools and universities.1 presidential election and proceed to place a thumb print next to the choice of candidate and The Commission managed to compile a new register at the then to drop the ballot paper in the ballot box. height of the pandemic and the mission was informed that This was then repeated for the parliamentary the Electoral Commission staff were wearing adequate election. health personal protective gear. In addition to mandatory (10) The voter then exits the voting area. wearing of masks and adequate social distancing, the Commission also provided handwashing stations and hand sanitisers for the public at every registration station. 3. THE CONSTITUTIONAL, LEGAL AND The mission commends the Electoral Commission for INSTITUTIONAL FRAMEWORK introducing a COVID ambassador at every polling station GOVERNING THE 2020 ELECTIONS for the upcoming election. This ambassador will be tasked with ensuring that all safety protocols are adhered to by 3.1. Legal framework the public and will be part of the polling staff present at every station. The constitutional and legal framework for elections in Ghana is contained in the (1992)

1 “President Akufo-Addo addresses the nation on measures taken by gov’t to combat the Coronavirus pandemic”, http://www.presidency.gov.gh/ index.php/briefing-room/speeches/1535- president-akufo-addo-addresses-nation-on-measures-taken-by-gov-t-to-combat-the-coronavirus pandemic.

7 EISA PRE-ELECTION ASSESSMENT MISSION REPORT | REPUBLIC OF GHANA | 07 DECEMBER 2020 as amended in 1996. Other relevant provisions that make 64. Pre-electoral disputes including voter registration are provisions for elections include the Elections Act; Electoral dealt with by the ECGs internal structures, while disputes Commissions Act; the Presidential and Parliamentary over results are handled by the courts. The Supreme Elections laws, the Political Parties Act of 2000; the Court has exclusive jurisdiction over petitions related to Representation of the People (Constituencies) Instrument presidential elections and provides a period of 21 days of 2004; the Public Elections Regulations of 2016 also after the announcement of results for any Ghanaian known as C.I. 94; and the Public Elections (Registration of citizen to present a petition3. voters) Regulations C.I. 91 of 2016 and Case laws based on Supreme Court opinions of previous electoral related The EISA PAM notes that the Ghanaian constitution petitions. provides a framework for the conduct of democratic elections. In relation to international principles that govern the conduct of democratic elections, Ghana has ratified Legal reforms ahead of the Ghana 2020 presidential and and signed major regional and international treaties parliamentary election including the ECOWAS Protocol on Democracy and Good In the run up to the conduct of the 2020 Presidential and Governance, the ACDEG, Universal Declaration on Human Parliamentary elections, the EC developed Regulation Rights (UDHR) and International Convention on Civil and 127(CI) as the operational law in keeping with Article 51 Political Rights (ICCPR). The country has also ratified and of the 1992 Constitution. The new regulation introduced domesticated the African Charter on Democracy, Elections Regional Collation Centers (RCCs) to enhance transparency and Governance. and facilitate the timely declaration of election results. The election results, going forward will now be collated The constitution proclaims that the republic will be at the regional level then sent to the Chairperson of the governed based on principles of freedom of association, Electoral Commission at their Head Office in Accra. movement, assembly, the right to information, form or join political parties and to participate in political Regulation 126 (CI) provides to a new biometric voter activities, and the right to not be discriminated against on register to address challenges from the 2012 and 2016 grounds of gender, race, color, ethnicity, political opinions, voter registers. The new regulation also mandated that occupation, religion or creed, democracy, and justice. the Ghana Card and the Ghanaian passport are the only legal identification documents for registering people in The Ghanaian constitution article 43 also provides for the the new biometric voters register. In the event that an establishment of an independent Electoral Commission individual does not have either documentation, he/she responsible for electoral management and defines its must produce a voter registration identification guarantee roles, powers, and functions to enable it to effectively form as set out in Form One of the schedules that has manage elections. been completed and signed by two registered voters.

Surprisingly, the constitution does not specify a party 3.2. The Electoral system system for Ghana, but it is very clear in its rejection of a one- party or unified system2. It empowers citizens and There are both majoritarian and first-past-the-post guarantees their right to form political parties hence, electoral systems in Ghana. The president is elected using implicitly making it a multiparty state. a two-Round majoritarian system, where the winner is the candidate who obtains the majority percentage of the In the case of electoral petitions, the constitution votes. If any candidate fails to meet the more than 50% guarantees a right to effective dispute resolution in article threshold of required valid votes, then a run-off should be

2 Parliament shall have no power to enact a law establishing a one-party state. 3 Article 43 of the constitution: ‘The validity of the election of the President may be challenged only by a citizen of Ghana who may present a petition for the purpose to the Supreme Court within twenty-one days after the declaration of the result of the election in respect of which the petition is presented’

8 EISA PRE-ELECTION ASSESSMENT MISSION REPORT | REPUBLIC OF GHANA | 07 DECEMBER 2020 held within 21 days. The president is elected for a term of education of the on the electoral process and its purpose; four years, limited to two terms. Parliament is composed of undertake programs for the expansion of the registration 275 members who are elected by the simple majoritarian of voters; and performance of such other functions as may electoral system. Members of parliament serve four-year be prescribed by law. In the execution of these functions, terms in single seat constituencies. the EC has the power to make regulations for the effective performance of its functions by the issue of constitutional 3.3. Election Management instruments.

Electoral management in Ghana is conducted by the Article 54 of the constitution stipulates that the funding Electoral Commission of Ghana (ECG)and is established for the Electoral Commission shall be charged under the under the Electoral Commission Act (1993), which provides Consolidated Fund. These include salaries, allowances, and for the establishment of the Electoral Commission, pensions payable to people serving with the commission. its functions, qualifications, and appointment of key personnel and protects its independence and impartiality. The mission commends the EC for the administrative and logistical preparations ahead of the elections. Particularly, It is comprised of a chairperson, two Deputy chairpersons the extra measures put in place in response to COVID-19 and four other members. The commissioners do not such as the appointment of a COVID-19 Ambassador to have limits on their term of office. To be appointed each polling station is commendable. as a commissioner of the Electoral Commission, the appointees need to have the same qualification to be elected as a member of parliament. The chairperson of the 4. KEY FINDINGS ON THE PRE-ELECTION commission has the same terms and conditions of service PHASE as a Justice of the Court of Appeal4 and the deputies, the same terms of service as the Justice of the high court5. 4.1. Political Dialogue

The constitution also guarantees the independence of The PAM noted that there is a platform for interparty the Electoral Commission6 by stating that it shall not dialogue in Ghana. Despite deep misunderstanding be subject to the direction or control of any person or between political actors, mainly the two leading parties, authority. The mission noted that the members of the most of the political parties met acknowledged that the Election Commission are appointed by the President of Inter-Party Advisory Committee (IPAC) has been effective the Republic without parliamentary approval or other as a platform for interparty engagement, consensus explicit checks and balances (Article 43). This process has building and interaction with the EC. The IPAC has led some to question the Commission's independence. contributed to the improvement of the electoral process over the years. The IPAC was established by the Electoral According to article 45 of the Constitution of Ghana, Commission in 1994 to address distrust expressed by the EC is responsible for: the compilation of the register political parties in the Commission and to involve parties in of voters and its revision at such periods as may be the election management process. CSOs are also allowed determined by law; demarcation of electoral boundaries to attend IPAC monthly meetings, but only as observers. for both national and local government elections; conduct Through the IPAC, party representatives and members of and supervision of all public elections and referenda; the EC forgather on a monthly basis to discuss on electoral

4 Article 136 of the 1992 Constitution of Ghana (as amended): A person shall not be qualified for appointment as a Justice of the Court of Appeal unless he is of high moral character and proven integrity and is of not less than twelve years' standing as a lawyer. 5 Article 139 of the 1992 Constitution of Ghana (as amended): A person shall not be qualified for appointment as a Justice of the High Court unless he is a person of high moral character and proven integrity and is of at least ten years' standing as a lawyer. 6 Article 46 of the 1992 Constitution of Ghana (as amended): ‘except as provided in this Constitution or in any other law not inconsistent with this Constitution, in the performance of its functions, the Electoral Commission shall not be subject to the direction or control of any person or authority’.

9 EISA PRE-ELECTION ASSESSMENT MISSION REPORT | REPUBLIC OF GHANA | 07 DECEMBER 2020 issues. The IPAC has also offered a mechanism to channel The Electoral Commission acknowledged that the process issues for reforms from the stakeholders to the Parliament of exhibiting the register is so that issues such as these for legislation. may be dealt with.

However, the PAM noted some concerns raised by Concerns on the failure of the biometric identification some stakeholders regarding the lack of information system introduced by the EC during the registration dissemination and communication from the EC on the process was also raised by a section of the stakeholders. electoral process, despite the Commission’s efforts to Measures have been put in place by the Electoral improve transparency. Commission, including the use of manual verification, in case such an incident occurs. 4.2. Voter registration The PAM commends the effort by the EC to facilitate A complete voter registration exercise was conducted access to the voter register. The EC Android Mobile App by the Electoral Commission from June 30 2020 to 06 is available for download for registered voters to check August 2020 in which a total of 17,027,655 voters were their registration details. Search for "Ghana EC Voter's registered. In addition to the finger verification used Information Hub" app on Google Play and download it to in the previous register that was last updated in 2012, check your details ahead of the elections tomorrow. the Electoral Commission registered voters through an updated biometric system that will now require facial 4.3. Political party registration and candidate recognition. This was in an effort to rectify the previous nomination system. In early June, the Electoral Commission secured approval from the NPP-majority Parliament to accept only The Ghanaian constitution guarantees the right to form passports and national ID cards (Ghana cards) as proof of political parties, which constitutes a pre-requisite for the citizenship. entrenchment of the multi-party system. The registration of political parties is regulated by the Political Parties On the 25 November the Commission published the Law Act 574 of 2000 of the Parliament of the Republic of special voters’ list of individuals who will be allowed Ghana. To be eligible as a candidate for the presidential to vote on 01 December. This list comprises names of elections, a person must be a citizen of Ghana by birth, registered voters from the security agencies, media and 40 years old or older, and be qualified to be elected staff of the Electoral Commission who are expected to a Member of Parliament. The legislation requires the be on duty on election day. The mission noted concerns nomination form for each presidential candidate to be among some stakeholders of missing names of voters from signed by not less than two registered voters in the area the register that was published for verification. The NDC, of authority of each district assembly. The candidate in particular, raised concerns of an incomplete register shall also designate a person to serve as Vice-President with the name of its contending vice president missing in the nomination form. Furthermore, a candidate for as an example. The party further accused the National presidential or parliamentary election must deliver to the Identification Authority, the agency responsible for issuing returning officer a statutory declaration stating that he/ national identification, the Electoral Commission and NPP she is qualified to be elected as President or a Member of plotting to disenfranchise people who had neither a of Parliament and is not disqualified from being elected passport nor a Ghana card and trying to disenfranchise as such. The law also requires the candidate or the party its supporters based on their ethnicity and doubts about to deposit filing fees, the amount of which is fixed by the their citizenship. Electoral Commission7.

7 Articles 62 and 63, The Constitution of the Republic of Ghana (Amendment) Act, 1996.

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Table 4: Registered voters 2020 (Registered by EC)

Source: Ghana Electoral Commission

To qualify as a parliamentary candidate, a person must be encourage the participation of women, young people and a citizen of Ghana of 21 years or older. The person must people with disabilities, as candidates. Due to COVID-19 also be a registered voter who resides in the constituency the nomination procedures varied from one political for which he/she stands as a candidate, or he or she must party to the other. Some parties opted for decentralised have resided there for a total period of not less than 5 congresses across the 16 regions at the same time, others years out of the 10 years immediately preceding the adopted the zoom conference mode to nominate the election. The law requires that he or she must have paid running mate. In other cases, the National Executive all his taxes or made arrangements satisfactory to the Committee of the party decided the presidential appropriate authority for the payment of his taxes. The candidate. nomination form for each candidate in a parliamentary election is expected to be witnessed by the signature or In February 2019, former president John Dramani mark of two registered voters as proposer and seconder Mahama was confirmed as the candidate of the opposition and supported by 18 other registered voters in the National Democratic Congress (NDC). In December, constituency8. incumbent president Nana Addo Dankwa Akufo-Addo announced that he intended to run for re-election as the Regarding the nomination process, the EISA PAM noted New Patriotic Party (NPP) candidate. In June 2020, the that several political parties have undertaken efforts to NPP chose Akufo-Addo as its presidential candidate and

8 Article 94, The Constitution of the Republic of Ghana (Amendment) Act, 1996.

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Mahamudu Bawumia as its vice-presidential candidate. filed papers to stand for election. Following the vetting Mahama and Akufo-Addo previously ran against each of their papers, the Electoral Commission announced other in 2012 (with Mahama winning) and 2016 (with the final list of presidential candidates on 19 October Akufo-Addo winning). 2020. Five people had been disqualified from standing on the basis that there were various problems with At the close of the filing of nomination papers for the their nomination documents. The full list of presidential presidential election on 9 October 2020, 17 persons had candidates as on the ballot paper is below:

ORDER ON POLITICAL PARTIES NAME OF CANDIDATES BALLOT

1 New Patriotic Party (NPP) Nana Addo Dankwa Akufo-Addo 2 National Democratic Congress (NDC) John Dramani Mahama 3 Ghana Union Movement (GUM) Christian Kwabena Andrews 4 Convention People’s Party (CPP) Ivor Kobina Greenstreet 5 Ghana Freedom Party (GFP) Akua Donkor 6 Great Consolidated Popular Party (GCPP) Henry Herbert Lartey 7 All People’s Congress (APC) 8 Liberal Party of Ghana (LPG) Percival Kofi Akpaloo 9 People’s National Convention (PNC) David Asibi Ayindenaba Apasera 10 Progressive People’s Party (PPP) Brigette Akosua Dzogbenuku 11 National Democratic Party (NDP) Nana Konadu Agyeman-Rawlings 12 Independent Alfred Kwame Asiedu Walker

The 12 contestants in the race include three women. A National Media Commission was set up under article One being a former first lady Nana Konadu Agyemang 166 of the Constitution. The functions of the Commission Rawlings, who is leading the National Democratic Party, are: NDP. The two others are Akua Donkor of the Ghana Freedom Party, GFP and Brigette Akosua Dzogbenuku • to promote and ensure the freedom and of the Progressive People’s Party, PPP. There is also an independence of the media for mass independent candidate, that is, Alfred Kwame Asiedu communication or information; Walker. • to take all appropriate measures to ensure the establishment and maintenance of high The two leading candidates are the incumbent Nana Addo journalistic standards; Dankwa Akufo-Addo aged 76and John Dramani Mahama • to insulate the state-owned media from aged 62 governmental control; and • to make regulations by constitutional instrument 4.4. The media for the registration of newspapers and other publications. Freedom of expression is a fundamental human right and vital for democracy. Freedom of speech and expression, The media is regarded as an integral part of enhancing freedom and independence of the media, as well as the democracy and the media in Ghana has been very vibrant, right to information, are guaranteed by the Ghanaian with freedom of speech, expression and independence of Constitution. the media guaranteed in the constitution.

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Article 11 of the Constitution provides that the State shall 4.5. Citizen Election Observation provide fair opportunity to all political parties to present their programmes to the public by ensuring equal access Since the return to constitutional rule in 1992, Civil Society to the state-owned media, and article 12 provides that all Organisations have contributed to making the electoral presidential candidates shall be given the same amount of process in Ghana open, participatory, and peaceful. This time and space on the state-owned media to present their has been achieved through their advocacy, civic education, programmes to the people. and election observation programmes through which they engage citizens and other key stakeholders. The CSOs The mission noted that in the area of civic and voter met by the PAM were involved in the voter registration education, the media have collaborated with the Electoral process, despite financial constraints. Many citizen Commission and the National Commission for Civic observation groups will observe the 2020 elections. For Education (NCCE). Civil Society Organisations (CSOs) have instance, the Coalition of Domestic Election Observers also been granted media access to undertake civic and (CODEO)informed the mission that it has deployed 260 voter education with discounted rates or free airtime. civic education officers in the constituencies to sensitise the electorate and is planning to deploy 4,000 observers, The rise of the use of social media, especially by including 1,500 Parallel Vote Tabulation (PVT) observers. youth, has become a central aspect in elections and The mission also met the Institute for Democratic inadvertently has the propensity to encourage voter Governance (IDEG), which will deploy some 1,000 short- participation. Specifically, a large section of the youth term observers across the country. Both CODEO and in Ghana is increasingly using social media including IDEG will set up situation rooms during election day. WhatsApp, Instagram, , to seek news and The mission commends this strong participation in the information. The mission noted the increasing use of social electoral process by citizens. media by political parties to, not only mobilise supporters, but also educate citizens. The mission also commends the 4.6. Gender and minority rights Electoral Commission for using its social media platforms, Twitter, Facebook and Instagram to disseminate accurate While Ghana has made considerable efforts to ensure and timely information. participation of women in the electoral process, the mission notes the failure of political parties to adopt quota Concerns have, however, been raised by some systems and other forms of affirmative action to support stakeholders about the increasing number of politicians the participation of women in the electoral arena. and businessmen and women affiliated to certain political parties seeking ownership of traditional private media, The NDC party under flagbearer John Mahama made including radio frequencies and TV stations. This raises a historic move by announcing Ms Jane Naana Opoku- concerns of radical polarisation of the media environment Agyeman as his presidential running mate. She will be the with partisan outlets feared to be using inflammatory first woman contesting this position. Former President language or misinforming the public. Rawlings’ widow, Nana Konadu Agyeman-Rawlings, will also be contesting as a presidential candidate under the The mission acknowledges efforts by the Electoral National Democratic Party, along with two other female Commission in ensuring that journalists are well equipped candidates, namely Akua Donkor of the Ghana Freedom to report on elections by holding trainings with the Party, GFP; and Brigette Akosua Dzogbenuku of the Ghana Journalists Association (GJA) on best practices, Progressive People’s Party, PPP. the electoral process and how to adequately report on elections on a frequent basis. In terms of people with disability, specifically the visually impaired, the mission noted that the Electoral Commission will provide visually impaired registered voters with tactile

13 EISA PRE-ELECTION ASSESSMENT MISSION REPORT | REPUBLIC OF GHANA | 07 DECEMBER 2020 ballots to assist them in voting at all polling stations. several clashes with state security. The same incidents People with disability and pregnant women will be given were recorded during the voter registration in 2020 in the priority at polling stations and will not be required to Eastern , a stronghold of the NDC. The NDC queue to vote. expressed concerns that the ruling party may be using vigilante groups to create insecurity in the area so that 4.7. Civic and voter education NDC voters will not turn out on voting day.

The Electoral Commission and the National Commission Some stakeholders consulted by the mission indicated for Civic Education (NCCE) have been at the forefront and that instead of the government arresting the perpetrators using all platforms available to educate the public. The of the violence, these actors’ vigilante groups have been NCCE has undertaken civic and voter education activities incorporated into the mainstream security apparatus, since the beginning of the electoral process. Campaigns including the police and military and might be used of sensitisation were organised before and during the against the public during the election. Some stakeholders general registration period and during the exhibition also expressed concerns that the same vigilantes are now of the voter register and inspection of the rolls. The being used by politicians as personal security, and fears Commission also provide information to the electorate that their incorporation into the forces has emboldened using different communication methodologies on their such actions in the forthcoming elections. Some of these rights, responsibilities and duties before, during and after stakeholders also mentioned that there have been no the elections. The EC included stakeholders’ meetings; visible concerted efforts in place to ensure the occurrences radio and television programmes and print publications of 2019 are not repeated. (Pamphlets, newsletters, posters, brochures). The mission was informed that the Volta Region remains The NCCE, in partnership with some local radio stations, an area of security concerns. In September, one of the organised inter-party dialogues among parliamentary new militant secessionist groups, the Western Togoland candidates and to allow parliamentary candidates to Restoration Front (WTRF), staged violent attacks against engage with citizens in their constituencies. These the population for the first time in the history of the forums were also used by the EC to educate the youth to separatist movement. It mounted roadblocks, attacked refrain from violence and encourage them to participate a police station, seized weapons and burnt down a bus in the elections. The PAM also noted very intensive terminal. The government has deployed the military to civic education and voters’ outreach drives on the EC’s the Volta Region ahead of the polls to thwart any attempt Facebook page. to disrupt the elections.

Some of the stakeholders, including the NCCE, however, In this eastern Volta region, a NDC stronghold, the expressed concerns over a shortage of funding available government’s deployment of security forces to border to reach all sections of the society. The mission noted towns as part of its COVID-19 prevention and security that there needs to be greater co-ordination amongst measures drew accusations of voter intimidation and CSOs conducting civic and voter education as not all CSOs ethnic discrimination. The NPP in turn accused the NDC belong to the NCCE to avoid overlaps in reaching out to of attempting to register foreigners in the Bono region the public. bordering Côte d’Ivoire. That said, Ghana has a history of peaceful elections on the 4.8. Security African continent.

During a by-election held in January 2019 in Ayawaso West Wuogon constituency, vigilante groups that were allegedly linked to political parties were involved in

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4.9. Campaigns The Electoral Commission assured the mission that despite the challenges posed by the COVID-19 pandemic, it has The Ghanaian Constitution guarantees the freedom of been able to follow its timetable and is ready to conduct speech and expression, freedom of assembly including the election. Procurement of all electoral materials has freedom to take part in processions and demonstrations, been finalised and in the process of being shipped to the and freedom of movement which allows candidates to country. Recruitment of polling staff had been finalised by campaign with no geographic restrictions. the time the mission was exiting the country and training of trainers was scheduled to begin on 13 November 2020, Campaigns had recently started at the time of the who in turn will be deployed to train the polling staff up to deployment of the EISA PAM. Due to COVID-19 pandemic the constituency level. there were fewer mass rallies or mass marches. Parties mainly resorted to door to door, virtual campaigning, The mission also acknowledges the Electoral Commission’s billboards, posters, and flags. In addition to televisions, effort to conduct adequate voter education through the radios and newspapers, political parties and candidates use of the hashtag #LetTheCitizenKnow. It is also worth also use tweets, pictures, and videos on social media noting that an opinion poll conducted by the Ghana Center and networks to sell their messages, mostly to young for Democratic Development (CDD-Ghana) indicated that, audiences. 67 percent of Ghanaians trust the EC and 83 percent believe they are prepared to conduct the upcoming The main policy issues raised or discussed by parties in elections. their campaigns relate to infrastructures/roads, education, unemployment, free primary healthcare, and the There are a total of 38,622 polling stations for the 2020 economy. Another issue discussed during the campaign presidential and parliamentary elections, over 28,000 is whether to legalise the use of 'Okada' (a colloquial stations in 2016, across the country that will be staffed by expression for motorcycle in Ghana) for commercial electoral staff together with security agencies to conduct purposes. The use of 'Okada' has become popular among the country’s eighth successive general election. There is some sections of the public. However, the law currently also a strong COVID-19 protocol being advertised by the prohibits any person from using a motorcycle or tricycle EC to ensure the safety of voters. All their informational for commercial purposes except for courier and delivery materials indicate the necessity of wearing masks and services, while it also prohibits paying passengers to make maintaining social distancing at polling centres. The EC us of a motorcycle or tricycle for transport. will appoint a COVID-19 Ambassador at all polling stations as part of the polling in charge of safety to assist voters. 4.10. Preparedness of the EMB Registered voters who visit a polling station on election day without a nose mask will be denied entry. The EC is provided for under the 1992 Constitution and is established by the Electoral Commission Act (Act 451) of 1993. Its mandate is to organise and conduct all public elections, referenda and all matters directly related to the conduct of elections in the country.

The calendar for the 2020 elections is as follows: ACTIVITIES DATES June 2020 Voter registration July-August 2020 Exhibition of voter register October 2020 Transfer of votes December 7, 2020 General elections

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CONCLUSION

The mission notes that the legal framework for the 2021 general elections guarantees fundamental freedoms and is conducive to peaceful, inclusive and competitive elections.

After consulting all key stakeholders and considering the level of preparedness of the electoral commission, the EISA PAM concludes that despite some minor challenges, Ghanaian stakeholders are ready to go to polls.

RECOMMENDATIONS

The EISA PAM offers the following recommendations for consideration by Ghanaian stakeholders for a peaceful and participatory electoral process:

To the government The mission urges the government to reinforce security measures in all the regions, with particular attention to the Volta region, in order to guarantee the participation of all citizens in the elections

To the Electoral Commission The mission encourages the EC to strengthen political dialogue within the Inter-Party Advisory Committee (IPAC) to ensure that consensus is reached between the Commission and political parties for a peaceful conduct of the 7 December elections.

To political parties The mission calls on political parties to use dialogue and channel any disputes regarding the electoral process through the appropriate legal channels as per the Ghanaian legal framework in cases of disagreement.

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ABOUT EISA

INSTITUTIONAL BACKGROUND EISA has since its inception in July 1996 established itself as a leading institution and influential player dealing with elections and democracy related issues in the African continent. It envisions an African continent where democratic governance, human rights and citizen participation are upheld in a peaceful environment. The Institute’s vision is executed by striving for excellence in the promotion of credible elections, citizen participation, and the strengthening of political institutions for sustainable democracy in Africa.

Having supported and/or observed over 70 electoral processes in Africa, EISA has extensive experience in formulating, structuring and implementing democratic and electoral initiatives. It has built an internationally recognised centre for policy, research and information and provides this service to electoral management bodies, political parties and civil society organisations in a variety of areas, such as voter and civic education and electoral assistance and observation. Besides its expanded geographical scope, the Institute has, for the past several years, been increasingly working in new in-between election areas along the electoral and parliamentary cycle, including constitution and law making processes, legislative strengthening, conflict management and transformation, political party development, the African Peer Review Mechanism (APRM) and local governance and decentralisation.

EISA provides assistance to inter-governmental institutions, like the African Union, and the Pan-African Parliament, to reinforce their capacity in the elections and democracy field. The Institute has signed an MOU with the Economic Community of Central African States (ECCAS); the Economic Community of West African States (ECOWAS); the East African Community (EAC); and the Common Market for East and Southern Africa (COMESA). Within the framework of these recently signed memoranda, the Institute will also provide similar assistance respectively these intergovernmental institutions. Its MoU with the African Union was also renewed in 2014.

With its headquarters in Johannesburg (), EISA has had field offices across the African continent and currently has offices in Democratic Republic of Congo, Madagascar, Mozambique, Somalia and , and a regional liaison office at the secretariat of the ECCAS in Libreville, Gabon.

Election observation activities EISA has deployed continental observer missions for the past ten years including missions to Angola (2008), Botswana (1999, 2004, 2009), Central African Republic (2010, 2011), Democratic Republic of Congo (2005 referendum, 2006 elections), Egypt (2011, 2012, 2014, 2015), Ghana (2008, 2012), Guinea Conakry (2010), Lesotho (1998, 2002, 2007, 2012, 2015, 2017), Liberia (2011,2017), Madagascar (2005, 2007, 2013), Malawi (1999, 2004,2009), Mauritius (2000, 2005, 2010, 2014), Mozambique (1999, 2004, 2009, 2013, 2014), Namibia (1999, 2004, 2009), Senegal (2012), Seychelles (2011), South Africa (1999, 2004, 2009, 2014, 2016), Tanzania (2005, 2010), Uganda (2011, 2016), Zanzibar (2005, 2010), Zambia (2005, 2008, 2011,2015, 2016), and Zimbabwe (2000, 2002, 2008), Reports on these missions can also be found on our website. Electoral Institute for Sustainable Democracy in Africa

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About EISA EISA is a not for profit organisation established in 1996 based in Johannesburg (South Africa) with field offices in Democratic Republic of Congo, Gabon, Madagascar, Mozambique, Somalia, and Zimbabwe.

Our vision An African continent where democratic governance, human rights and citizen participation are upheld in a peaceful environment.

Mission statement EISA strives for excellence in the promotion of credible elections, citizen participation, and the strengthening of political institutions for sustainable democracy in Africa.

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