EUROPEAN UNION ELECTION OBSERVATION MISSION TO LIBERIA Peaceful and orderly election marks an important step forward in the process of returning Liberia to a normal functioning state STATEMENT OF PRELIMINARY FINDINGS AND CONCLUSIONS Monrovia, 13 October 2005 The European Union Election Observation Mission (EU EOM) has been present in Liberia since 9 September 2005, following an invitation from the National Elections Commission (NEC). The Mission is led by Chief Observer Mr. Max van den Berg from the Netherlands, Member of the European Parliament and Vice-Chairman of its Development Committee. In total, the EU EOM deployed over 60 observers throughout Liberia to assess the whole electoral process in the light of international standards for democratic elections. Among these observers was a delegation of four members of the European Parliament led by Marie Arlette Carlotti MEP, which support the mission’s conclusions. The EU EOM is currently observing the result tabulation and announcement process, and will remain in country to observe all aspects of the election process, including a possible second round. Preliminary Conclusions • The 11 October 2005 presidential and parliamentary elections have so far been peaceful and generally well administered, marking an important step forward in the process of returning Liberia to a normal functioning state. Voters were provided with a wide range of political contestants, and in contrast to the elections of 1997 were able to cast their ballots free from fear. • The EU EOM recognises the effort and commitment demonstrated by the public, the National Elections Commission (NEC) and its 19,000 election officials, as well as political parties, their representatives and civil society, whose contributions helped to ensure the integrity of the process on election day. The presence of the United Nations Mission in Liberia (UNMIL) helped to create a feeling of confidence and security among the voters. • During election day, voters turned out in large numbers, in a calm and orderly manner. Polling procedures were largely well followed and the secrecy of the vote was generally well maintained. Party and candidate representatives were present in virtually all polling stations visited by EU observers, often in large numbers. • The impact of poverty and illiteracy caused by fourteen years of war was visible during the process, particularly on election day when many voters had difficulties understanding voting instructions and ballot papers. However, election officials and voters worked together, mostly in a correct manner, to overcome the problems that this caused. 1 • Fundamental freedoms of expression, assembly and association were respected. Political parties and candidates were able to campaign actively in a conducive atmosphere in which no serious acts of violence or intimidation were reported. • The legislative framework provides for the conduct of democratic elections. However, a number of issues need to be addressed in advance of future elections including the removal of constitutional provisions based on ethnicity that result in unacceptable disenfranchisement according to international standards, as all persons should be equal before the law. The complaints procedures should be amended now by the NEC to ensure equality of access to all stakeholders. • Voter registration was widely viewed by election stakeholders to have been conducted successfully with almost twice the number of voters registered to participate as during the previous elections. However, for future elections, refugees residing outside the country should have the right and possibility to register to vote. • The media operated in an environment that provided for freedom of expression. Radio was by far the most important source of information during the campaign period. During the period monitored, the state broadcaster Eternal Love Broadcasting Corporation (ELBC) provided coverage of almost all parties which was neutral in tone, although the time devoted to some varied considerably. • Civil society organisations played a significant role in election observation and the delivery of civic and voter education. While much of the civic and voter education was of a good quality, significant further efforts will be required in this area in the years ahead, particularly through primary education and anti-illiteracy campaigns. • Efforts to encourage women to register and vote in the election were successful. However, only 14 per cent of candidates were women, and only one political party achieved the 30 per cent benchmark stipulated by the NEC. Only a few parties made a specific effort to attract women voters. • In the coming weeks, it is essential that the election process is completed in a timely, efficient and transparent manner and for all political leaders and parties, both winners and losers, to work together in an inclusive democratic process for the better governance of Liberia. The final assessment of these elections will depend, in part, on the completion of counting and tabulation, the announcement of results by the NEC, and the complaints and appeals process. The EU EOM will remain in country to observe the remaining aspects of the election process, including, if necessary, a second round, and will publish a final report, containing detailed recommendations to improve the election process, within two months of the completion of the entire process. The EU EOM would like to thank the election and state authorities, candidates, political parties, security forces, media and civil society, UNMIL and especially the people of Liberia for the invaluable co-operation received throughout the deployment of the mission. 2 Preliminary Findings Background The 2005 elections in Liberia took place in the framework of the Comprehensive Peace Agreement (CPA) signed in August 2003. Under the CPA, a National Transition Government of Liberia (NTGL) took office in October 2003, under the chairmanship of Mr. Guyde Bryant, with a mandate to prepare for “internationally supervised” presidential and parliamentary elections to be held not later than October 2005, and to bring the country back to a normally functioning state. Under a resolution adopted by the UN Security Council in September 2003, UNMIL was deployed to the country, with a stabilisation force of 15,000 peacekeepers. The 2005 elections were held to elect a President and Vice President as well as members of the Senate and House of Representatives. Under the electoral legislation, the President and Vice President are elected by an absolute majority (50 per cent plus one of the valid votes), if necessary through a second ballot between the two candidates receiving the most votes should this not be achieved in the fist round. Two Senators are elected for each of the 15 counties, based on a simple majority system, and Members of the House of Representatives are elected by a simple majority system in 64 election districts. Election Day Election day took place in a calm and orderly manner throughout the country. In contrast to the elections in 1997, voters were able to cast their ballots free from fear. No reports of violence, and only isolated reports of disturbances outside of polling places were received. In a positive development, which contributed to the transparency of the process, party and candidate representatives were present in virtually all polling stations visited, often in large numbers, and domestic observers were present in over 60 per cent of polling stations visited. As a result of many polling stations opening late and a slow start to the voting process, most voters initially had to queue for a number of hours to cast their ballots. However, election officials took sensible steps to address this problem and few polling stations ultimately had to remain open after the deadline for the close of polls. Officials in most polling stations visited explained the possibility for voters to vote twice in the Senatorial election. The NEC took a decision at 11:00 to stop applying voter instruction stickers to Senate ballot papers to speed up the processing of voters. However, that decision did not reach all levels o0f the election administration throughout the country. Polling procedures were largely well followed and the secrecy of the ballot was generally well maintained. While inking of voters was undertaken in all polling stations visited, voters were not always checked for ink in advance. The impact of poverty and illiteracy caused by fourteen years of war was visible during the process, however, election officials and voters worked together, mostly in a correct manner, to overcome the problems that this caused. However in some polling stations visited, in contravention of election provisions, election officials were seen assisting voters in casting their ballots, even when others who could have provided this assistance were present. Although the counting process was slow in most polling stations where counting was observed, election officials remained committed to completing their task. While procedures were generally well followed, reconciliation instructions were not always adhered to and inconsistencies in counting votes for the Senate election were observed in some polling stations, 3 with two votes being counted for the same candidate in some cases. In many polling stations observed, a relatively high number of invalid ballots, many of which were ballot papers without any mark on them were recorded. In over 50 per cent of polling stations in which counts were observed,