Opposition political parties have always complained against the National Elections Commission, accusing the Commission of election malpractices. Such malpractices include but not limited to vote rigging, election magistrates receiving bribes and influencing the voting process, and ballot box stuffing. Complaints also include those against either the ruling party or rebel group turn political party of cheating, influencing election results and election fraud.
In view of Liberia’s pending elections come 2017 and judging from experiences in recent past, the Governance Commission decided to begin groundwork/discussions that will ensure peaceful democratic elections in 2017, and to use as topic for its Annual Governance Report (AGR) “Liberia’s Electoral System”. The Commission has therefore organized a five series Policy Dialogue on Elections Disputes Resolution intended to engage citizens and stakeholders in the electoral process. Findings from these Dialogues will better inform GC’s Annual Governance Report (AGR) to be released in 2016. The discussions will take into consideration Constitutional and Statutory rules surrounding elections, operational procedures and practices, resources provided to political parties, and mechanisms needed to strengthen our electoral weaknesses.
Specific objectives of these dialogues center on the functioning and responsibilities of four major institutions and the electoral system. These institutions include:
The National Elections Commission (NEC) responsible to organize and manage elections;Political Parties - major actors contesting for political power through the electoral process;The Supreme Court – the ultimate mechanism/arbiter for electoral dispute resolution that ensures orderly transfer of power;Civil Society- they focus on the political actors and processes of voter education and election observation.The first in the series of election dialogues was held in November 2015 on “Electoral Dispute Resolution: Implications for a Smooth Democratic Transition: Issues for 2017”.Former Senator Cllr. Fredrick Cherue and Human rights activist Tiawon Gongloe served as presenters.The second was held on December 10, 2015 at the James Fromoyan Hall of the National Elections Commission, NEC on the topic “The Role ofPolitical Parties in Election Dispute Resolution: Issues and Challenges for 2017”. Presenters at this dialogue included Chairman of the Congress for Democratic Change – Nathaniel F. McGill, and Liberty Party Chairman Fonati Koffa.
CDC Chairman Nathaniel McGill noted that NEC has no respect for leaders of political parties and has therefore lost the trust of the latter. McGill accused NEC of several election malpractices including double voter registration, and ballot stuffing. He stressed that the CDC supports a model of accountability and transparency, and proper monitoring and evaluation of the election process. Mr. McGill proffered possible solutions to perceived 2017 elections challenges.
Voter education implemented before 2017,NEC be divorce from political interests to gain confidence and trust,Multiplicity of political parties in itself has the propensity to brew conflict during 2017 elections therefore the need to encourage mergers, and/or coalitions;The use of biometric system for Voter registration/voter roll is crucial and therefore its lack could be a major source of conflict in the election process. He urged NEC to take this task seriously to avoid mistrust in election results/outcome.The CDC Chair also recommended, among other things, that Government provide major political parties with US$1 million to strengthen their capacity and participation in the electoral process; that electoral guidelines be adequately disseminated to educate stakeholders about election rules/guidelines one year prior to elections for proper understanding; and that election magistrates be trained on election guidelines/rule/laws.
For his part, Liberty party Chairman Cllr. Fonati Koffafocused on the Constitutional role of political parties in Liberia including the importance of their existence, and their ideology. He noted that the political system is one that everyone wants to win but find it difficult to accept defeat. Mr. Koffa pointed out that from childhood, the common belief is “to lose means you have been cheated”. He however congratulated those who, he said, where now gradually learning to accept defeat through watching European football, and hoped that this can also positively influence our acceptance of national elections results.
Fonati observed that Liberia needs to build a system wherein we have confidence in not only NEC but in our political actors. This he believes will greatly reduce conflict but assure of fairness in our electoral process. He recommended institutional mechanisms that will ensure an independent National Elections Commission whose integrity will not be compromised but rather win the trust of political parties during elections. Fonani wants government to fund monitoring of elections process adding “this is a responsibility of government to assure that the process is substantially free, fair and credible.” Confidence in the process influences the outcome of the results which also depends on how the process is handled. According to Mr. Koffa, proper handling of the process will lead to trust, peace and confidence in the election process, and less worry over dispute resolution. He noted that people invest so much in elections in order to gain power and will not want to lose such investment easily.
Mr. Koffa recommended that a system be put in place that speeds up the announcement of the election results as delays leave room for speculations which creates distrust, possible fraud, election irregularities, and election contests. He wants election contests to be strictly political, recommending that contestants should seek court actions through their political party, unless if he/she was an independent candidate. Fonati stressed that once the rules are followed the results must be accepted thereby giving confidence to the process. He said court actions/finality is also important because if court case cannot influence or change the election result such case should not then unnecessarily delay the election result/decision of NEC. He then recommended the need for the Legislature to make laws that will strengthen NEC (institutionally and staff capacity) and improve Liberia’s electoral process to ensure fairness.
The Policy Dialogue was graced by several Lawmakers, other government officials, lawyers, and representatives from nineteen (19) political parties but Dr. Amos Sawyer, Chairman of the Governance Commission, frowned on the conspicuous absence of some of the major political party leaders, particularly the Unity Party during such serious discussions. Dr. Sawyer observed that many of those absent are the very people that will be contesting and involved in election disputes. He said there is almost a tradition on the lack of participation on the part of the Unity party.
“This is significant because this is the party that is providing leadership here, and if that party is not engaged at its highest level with other political parties in the discourse on the resolution of electoral disputes at the time when we are approaching the eve of elections that are going to be of significant importance in our political life…then I think there is indeed something here that should be noted.”
Dr. Sawyer explained that he did not mean to be harsh against the ruling Unity party but to remind it of its prime responsibility to working to assure Liberia of a smooth power transition. He therefore urged the Unity party to take these discussions on the electoral process far more seriously than it is taking them now to ensure of the conduct of peaceful democratic elections in 2017.Dr. Sawyer also noted the conspicuous absence of lawmakers particularly those from the House of Representatives intending to contest elected positions, and others who might well be filing disputes, to participate in these discussions.
“They should have been here, and we want to beg them to take this process seriously. We cannot exist in a political system guided by the veil of ignorance.”
According to the acclaimed University Professor, “the veil of ignorance is about not wanting to craft rules which are applicable across the board, and where one does not know what the outcome will be. You do not want to be ignorant of where the chip may fall. You want to craft rules in which you can predict where the chips will fall.”
According to this political heavy weight, as many have described him, elections promise a process which generally is fair, transparent and credible, but does not guarantee us a specific result. Sawyer concluded by observing that the Dialogue emphasized the need for continuing dialogue with the view of reviewing as much as we can come 2017, knowing that we will not have a perfect election come Election Day.
Dr. Sawyer highlighted several issues yet to be conclusively handled. Such issues include:
multiplicity of political parties without excluding anyone or any political party;Arrangement of the rules of the election process to assure of citizens and stakeholders participation in the process;Smooth and peaceful transfer of power - Stakes are very high for the pending elections. These elections will mark significant transitions such as transfer of power from one living president to another probably from a different political party, (this has not happened since 1944).Earlier in his opening and welcome remarks, NEC’s Chairman Jerome Kokoya thanked GC for holding the Dialogue relative to addressing electoral issues in Liberia. Chairman Kokoya noted that the Forum was particularly important and timely in that it involves political parties where election disputes emanates, and at a time when NEC is preparing for another round of elections which come with very high stakes. Mr. Kokoya believes that the dialogue will keep key stakeholders and political parties engaged in discussions aimed at improving our electoral system. He noted that although litigations are exhaustive, NEC welcomes discussions that seek remedies through the Courts for the aggrieved instead of resulting to violence. Mr. Kokoya reminded the Dialogue that elections by itself is highly contested and requires both financial and human resources. He warned that with the massive number of people involved in the elections, there may probably be no perfect elections in Liberia, adding that there will always be human errors at one stage or the other.
“But the question is do these errors have the propensity to impact the outcome of the elections? We must standardize our pursuit for litigation. We cannot sue for every bridge especially if such bridge cannot impact the outcome of the elections.”
He reminded stakeholders that elections are guided by national laws and international standards and principles and hoped discussions at the forum will take into account national and international guidelines pertaining to election management.
For his part, Representative Gabriel Smithrecognized the efforts of GC in working along with NEC and political parties in assuring that we maintain a stable environment in Liberia as we move toward a critical period in our political history where the incumbent will not participate in the 2017 presidential election. Representative Smith stressed that as we move toward 2017, we need to take a number of critical steps such as (a) redefining ourselves as a people and reflecting on where we want to see this nation after 2017; (b) as a participant, what is my role to ensure that we keep this boat (Liberia) afloat. He said in answering these questions we will determine how we plan to manage the 2017 elections.
According to Representative Smith, election is a contest and everyone that goes in goes in to win. He also warned that there is no perfect elections but that the way we respond to discrepancies, how we interpret the NEC and/or perceived discrepancies will determine how we resolve whatever problem there may be. Smith also emphasized the need for civic education before the 2017 elections in order for everyone (voters, contestants, political parties, civil society, NEC, the government, and the Legislature)to better understand the rules and regulations governing elections in Liberia.
Also in attendance was Honorable Larry Yanquoi, Chairman of the House Committee on Governance. Heurged the national Legislature to strategize ways to reduce cost relating to bi-elections.
Others observed that candidates spend more time inciting voters rather than exciting them; that realistic action be taken against NEC staff who violate election guidelines and principles; that the issue of trucking of voters to counties in which they do not reside to register in order to vote for a particular candidate be thoroughly addressed; that the need for voter education; acceptance of election results especially in complaints that cannot influence a change in election results; and the need to promote unity at the end of the day.
