Thursday September 02, 2010
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Need to Amend Electoral Laws and Restructure NEC for Successful 2011 Elections

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What appeared as a major political development in Liberia’s democracy was recently unveiled when the new elections complex was turned over and dedicated to the Liberian populace (thanks to the United States government). We could see the joy and anxiety in the eyes of all Liberians and international partners that were at the occasion. Various great speeches were made lifting the hopes of democracy and creating the environment to search for true leaders and statesmen. It is important to note that Liberians and Africans in general are noted for making great speeches, but when it comes to implementation that is where the problem lies.

As the 2011 presidential and legislative elections draw near it is about time we all start to shift attention to electioneering activities. Please note that there is a thin line between peace and chaos whenever it comes to elections. And thus far, the cardinal point to the development of this country is elections. Anything short of that becomes a threat to both Liberia and the international community.

The issues of politics and elections have been with Liberia since the birth (Liberia gained her independence in 1847) of this nation-state. But it was not until 1985 that Liberia witnessed its first participatory elections of every Liberian citizen (as enshrined in the Constitution) in general and presidential elections. And though the elections that year were alleged to have been rigged by the ruling party, National Democratic Party of Liberia (NDPL), as it is always alleged by opposition parties in Africa, yet the 1985 elections paved the way for multiparty democracy in Liberia. The outcomes of the elections were a new constitution that represents all Liberians; electoral laws (even though there are some laws pending in the Legislature for amendment) were accepted by all stakeholders and political parties; and electoral guidelines were admired and practiced by all parties to date.

Although ascendancy to political leadership is considered as one of the cardinal goals of political parties, usually the major stakeholders in elections, we should also note that there is more work needed to transcend or foster democracy than wining elections. Amongst such are influencing of government policies making and implementation; participation in the formation and articulating of the political will of the people in all fields of public life, by bringing their influence to bear on shaping public opinion; inspiring and furthering political education; promoting an active participation by individual citizens in political life; training talented people to assume public responsibilities; exercising an influence on political trends in parliament and the government; initiating their defined political aims in the national decision-making processes; and ensuring continuous, vital links between the people and the public authorities.

Regrettably, Liberian political parties have distance themselves from these functions. For more than 160 years the political history of Liberia has been marked mainly by elections activities. That is, when there is no election almost all political engagements of political parties seize to exist. Today, of the 18 registered political parties, only two or three are active and engaging the government and the community on both socio-economic and political issues. Some of them are either in court with the National Elections Commission (NEC) for not meeting up with their responsibilities or violated the political parties’ laws or better still, lying in comma. But with the political crisis unfolding amongst the political parties, it is important to note that things are gradually shifting for the better when it comes to post-elections activities of political parties. Let us pray that no highly ambitious politician steals our path to a strong and vibrant democracy again (as was done in 1990).

Also, for the first time in Liberia, the NEC and the political parties are engaged in series of consultative monthly meetings. But as the 2011 presidential and general elections draw closer there is need for some electoral laws and structures to be reviewed and amended if Liberia must have credible and successful elections in 2011.

Amongst the laws that need urgent amendments are:

1.ABSOLUTE Majority vote law needs some reform or complete amendment. That is, instead of absolute majority win or 50% plus one vote for legislative and general elections it should be SIMPLE MAJORITY. The absolute majority clause should only be applied to the presidency while the legislative and local elections should be conducted by simple majority. The rationale for this amendment is reduction in cost for government. As we are all aware, majority of the funding of the 2005 presidential and general elections came from the international community. And even the NEC is consistently being assisted by international institutions. These institutions may not always be around to assist. Let us not forget that Liberia is not the only post-war country nor will Liberia continue to be a focus point of the UN, the U.S. and other partners.

2. Political parties and candidates should be given adequate time in running their campaigns. In the electoral law parties and candidates are given two to three months to campaign which in my opinion is not fair. Looking at the climatic condition in Liberia – rainy season period, bad road condition, poor infrastructure and technology -- three months of campaign in Liberia is inadequate. Nine months or some reasonable time as would be agreed upon by stakeholders would be a good help to the process.

3. There is also a need to reschedule the calendar timetable for elections in Liberia. The elections in Liberia are held at the beginning of the dry season (October) and at the very end of the rainy season. But the electoral procedures start and continue during the rainy season (voter registration, verification of voters list, verification of candidates, campaign, etc). This has made elections processes very tedious for political parties and candidates.

4. There is a need for a separate elections court for electioneering matters. At present, the electoral law of Liberia states that initial complaints or arguments regarding election irregularities, rigging, fraud, etc must first be heard by the NEC. And if the aggrieved party or parties are not satisfied with the rulings then the party can seek redress or an appeal to the Supreme Court. The Electoral law of Liberia clearly gives a timeframe for such complaints to be heard, but there are possibilities for the Commission to get her way around. And secondly, the Commission is expected to be very busy with electoral matters, especially during the time of elections. So it becomes very important that judicial matters be handled separately by a non permanent electoral court, judges nominated by the judiciary, press, civic society, and appointed by the President with the consent of the Legislature. And importantly the court should be heavily supported by funding from the international community. It will be fair to all parties if the presidency is not too involved in the process.

5.Then there is the issue of appointment of the elections commissioners. This is considered as the most crucial part in the entire electoral process. Any simple problem which might include negative perception, image factors, disbelief, partisan connections, etc., can degrade or consider the entire elections process as fraud. It can be recalled that not to long ago there has been lot of negative perception in the public about elections commissioners. Some parties allegedly accused the Commission as being too soft or pro Unity Party supporters. Even though most of these allegations made may be unfounded and baseless, yet there is a need to change some of the processes in the appointment of elections commissioners. I would suggest that All National Elections Commissioners should be nominated in the following categories:

a) since there are seven commissioners, three of the commissioners should be appointed by political parties
b) civic society organizations should nominate two commissioners and,
c) two of the commissioners should come from the religious council.
As of now it is the president that appoints the commissioners with confirmation from the Senate. I am of the strong conviction that with the suggested mode of appointment it would be very difficult or near impossible for any candidate or party to point accusing fingers at the president.

6) There is also a need for the government to create a separate commission for civic education. As you are aware, there is a vast difference between civic education and voter education. Civic education deals with all aspects within a society while voter education restricts itself to election matters, which the NEC is competent and most qualified to undertake. If I am not wrong, there are lots of unconstitutional issues, ills within the society that are perceived as good by the populace. Such issues/ills are killing us softly and slowly. So with the establishment of a civic education commission there is bound to be some level of positive changes and orientation in our society.

I believe that if the government and the entire society consider these recommendations, we shall have successful and peaceful 2011 elections and of course a peaceful society.

The writer

Phillip Saa Tali, Jr is an Election Expert that once worked with NDI and UNDP. He can be reached at philipsaah@yahoo.com Cell number 06949727

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