ELECTORAL C Authors: Mr Mathias HOUNKPE │Prof. Ismaila Madior FALL ELECTORAL COMMISSIONS in West Africa A Comparative Study OMMISSIONS IN WEST AFRICA - Second Edition A C OMP Voter’s CARD ARA TIVE STUDY Second Edition Published in Nigeria Authors: ISBN: 978-978-914-397-9 Mr Mathias HOUNKPE Prof. Ismaila Madior FALL Electoral Commissions in West Africa A Comparative Study Reviewed and updated edition, February 2011 COPYRIGHTS Reviewed and updated edition, February 2011 First edition published in September 2009 Published in Nigeria by: Friedrich-Ebert-Stiftung Regional Office, Abuja 12 Marrakesh Street Wuse II, Abuja Nigeria Coordinator: Sebastian Sperling In collaboration with ECOWAS Electoral Assistance Unit Originally written in French Translated by: Roger Addah Edited by: FES Regional Office, Abuja Layout: Mr. Samson Nnah [email protected] Printed by: Single Vision Limited e-mail: [email protected] Tel: +234 703 210 5185 ISBN: 978-978-914-397-9 PREFACE Preface Elections are the main pillars of democracy and have become a commonly accepted means to legitimize governance institutions in West Africa. However, elections are also one key trigger of violence and insecurity in the region. A better management of electoral processes by key stakeholders – electoral management bodies being the most important ones – could raise the credibility and acceptance of elections, reduce the risk of violent conflicts and thereby contribute to the consolidation of democracy in West Africa. In this regard, Friedrich-Ebert-Stiftung (FES) has been facilitating the exchange of experiences and discussions on the roles and responsibilities of the main actors in electoral processes at the regional level. Undoubtedly, the Economic Community of West African States (ECOWAS) offers the most appropriate platform for this process. The ECOWAS Supplementary Protocol on Democracy and Good Governance (2001) contains important provisions on acceding to political power and the conduct of elections in the sub region. Thus, ECOWAS is increasingly involved in providing assistance and monitoring elections. The establishment of the ECOWAS Network of Electoral Commissions (ECONEC) in February 2008 was a welcome initiative. The mandate of this network is to facilitate the sharing of experience and work towards the harmonization of electoral standards in West Africa. Various meetings of this network held since August 2008 have brought to the fore the need for a comparative and comprehensive study on election management bodies in all the fifteen ECOWAS Member States. During the first phase of the study which was launched by FES and the ECOWAS Electoral Assistance Unit, the results of field surveys conducted by the two authors, Madior Fall and Mathias Hounkpe, were confirmed and completed by a questionnaire filled by all the electoral commissions. This initiative was crowned with the publication of the first edition of this book in September 2009. The interest generated by this first edition which gave quite a broad and comprehensive view of electoral practices and operations of electoral commissions in West Africa led Friedrich-Ebert-Stiftung (FES) and the ECOWAS Electoral Assistance Unit to commission a reviewed and updated second edition which highlights current practices and experiences of electoral commissions that had already been described in detail in the first edition. The benefit of the second edition is that it reflects recent developments and amendments in the legal framework for elections in some countries of the region such as Cote d'Ivoire, Guinea, Togo and Benin. Electoral Commissions in West Africa - A Comparative Study iii PREFACE Similarly, this new edition provides more relevant examples of electoral practices. In fact, between the two editions, many elections were held, which enabled the authors to improve illustrations with more specific examples. The study at hand is therefore the fruit of a long process which required contributions and assistance from several actors to whom we extend our renewed appreciation. We will mention, among others, ECONEC and its officials for their support to this project; officials of the ECOWAS Department of Political Affairs for their continuous assistance, the authors, Mathias Hounkpe and Madior Fall for their perseverance and sustained efforts to update data in the first edition; the translators for the translation of this book into English and FES offices in West Africa, in particular, FES Dakar and FES Cotonou for facilitating the work of the two researchers. This book identifies similarities and differences in operations of electoral commissions in West Africa and brings out lessons learnt and best practices which will be useful for those who have the ambition of improving electoral processes and introducing high electoral standards in West Africa. Sebastian Sperling Francis Oké Coordinator Interim Head FES Regional Office, Abuja ECOWAS Electoral Assistance iv Electoral Commissions in West Africa - A Comparative Study TABLE OF CONTENTS v vi CONTENTS TABLE OF CONTENTS INTRODUCTION 1 PART I: COMPARATIVE ANALYSIS OF ELECTORAL COMMISSIONS IN WEST AFRICA 7 CHAPTER I: STATUTES AND RENEWAL OF ELECTORAL COMMISSIONS 11 1.1 Statutes of Electoral Commissions 11 1.1.1. Appointment of members of Electoral Commissions 11 1.1.2. What judgement can be made on the various systems? 17 1.1.3. Qualifications required to be a member of an Electoral Commission 18 1.2 Renewal of Electoral Commissions 20 1.2.1 Tenure of members and duration of the Commission 20 1.2.2 Anticipated termination of functions of members of the Electoral Commission 23 CHAPTER II: OPERATIONS OF THE ELECTORAL COMMISSION 31 2.1 Internal structuring 31 2.2 Prerogatives 40 2.3.1 Electoral Commissions with reduced prerogatives 41 2.3.2 Electoral Commissions with important prerogatives 44 2.4 Financial system 57 2.5 Evaluating experiences of Electoral Commissions 62 2.6 Is it possible to have an ideal Electoral Commission? 66 PART II: MANAGEMENT OF ELECTIONS IN WEST AFRICA 69 CHAPTER III: PROBLEMS RELATED TO THE MANAGEMENT OF ELECTIONS IN WEST AFRICA: SOME GOOD AND POOR PRACTICES 75 3.1 Problems and challenges related to the structure of Electoral Commissions 76 3.1.1 Tenure of the Commission and Members 76 Electoral Commissions in West Africa - A Comparative Study vii CONTENTS 3.1.2 Conflicts between models of Electoral Commissions 81 3.1.3 Autonomy or independence of the Electoral Commission 86 3.1.4 Preparation of election officials 93 3.1.5 Restricted missions of the Electoral Commission 96 3.1.6 Problems of relationships between the Electoral Commission and its branches 98 3.2 Problems and challenges of operationalising the electoral process 102 3.2.1 Political dimension of managing elections 102 3.2.2 Relationship between the Electoral Commission and other institutions involved in the management of elections 107 3.2.3 Anti-fraud mechanisms to ensure the genuineness of the process 109 3.2.4 Establishment, conservation and updating of electoral registers 113 3.2.5 Learning mechanism (learning by doing) 117 3.2.6 Access of candidates (parties) to the media 120 3.3 Problems and challenges regarding the financing of elections 122 3.3.1 Cost of elections 122 3.4 Security of elections 126 3.4.1 Role of security forces in elections 128 3.4.2 Legal structure/framework for the participation of security forces in elections 131 3.4.3 Preparation/ awareness creation among security forces for their role during elections 134 PART III: ELECTORAL PRINCIPLES, NORMS AND STANDARDS IN WEST AFRICA 139 CHAPTER IV: TOWARDS THE HARMONIZATION OF ELECTORAL NORMS AND STANDARDS IN WEST AFRICA 141 4.1 Relevance of the adoption of norms and standards for elections 141 4.1. 1 Importance of factors conducive to the adoption of norms and standards 141 4.1.2 Experiences of standardisation in Africa 143 4.2 Proposals for a minimum of core standards 144 CHAPTER V: TYPE OF ASSISTANCE IN ELECTORAL MATTERS (ECOWAS) 149 5.1 Capacity building actions 151 viii Electoral Commissions in West Africa - A Comparative Study CONTENTS 5.1.1 Training activities 152 5.1.2 Identification and suggestion of specific support to weak points in the electoral system 153 5.2 Search for solutions to the problem of enforcement of electoral laws 154 5.2.1 Search for solutions to the cost of elections 155 5.2.2 Future actions and proposed solutions 156 Conclusion 161 Appendices 165 References 179 Electoral Commissions in West Africa - A Comparative Study ix x INTRODUCTION xi xii INTRODUCTION INTRODUCTION Free and democratic elections constitute a fundamental criterion for democracy, at least in its thriving liberal acceptance since the fall of the Berlin Wall. However, this is a basic criterion which is often lacking in post independence political regimes, even if they claim to be democratic. As a matter of fact, the political development of the African continent reveals that attainment of democracy has been arduous. Democratic deficits were first experienced in form of political authoritarianism, regimes which were established quickly and were characterized mostly by their totalitarian tendencies, i.e. their attempts to govern almost all aspect of citizen's lives while not tolerating any serious form of opposition. Often, under the pretence of the need to build up fledging Nations or achieve economic and social development, governments in power displayed little respect for civil liberties and right of objection. When it is not a clamp down on the political opposition, then it is an election without choice or a semblance of election which is organized with results known well in advance and a huge majority of votes in favour of those in power. In fact, the first changes of political regimes took place only around the 1990s, which is thirty years after the attainment of political independence from colonial masters. The absence of democracy on the African continent is mostly reflected in the lack of change in political regimes and regular renewal of the political class and elites.