Election Management Bodies in West Africa: A comparative study of the contribution of electoral commissions to the strengthening of democracy

Mathias Hounkpe, Adele L. Jinadu, Pascal Kambale, Ismaïla Madior Fall

Description

This report is an in-depth study of electoral commissions in six countries of West Africa – Benin, Cape Verde, Ghana, Nigeria, Senegal and Sierra Leone – assessing their contribution in strengthening political participation in the region. As institutions that apply the rules governing elections, electoral management bodies (EMBs) have occupied, over the last two decades, the heart of discussion and practice on the critical question of effective citizen participation in the public affairs of their countries. The way in which they are established and the effectiveness of their operations have continued to preoccupy those who advocate for competitive elections, while reforms to the EMBs have taken centre stage in more general political reforms. Election Management Bodies in West Africa thus responds to the evident need for more knowledge about an institution that occupies a more and more important place in the political process in West Africa. Based on documentary research and detailed interviews in each country, the study provides a comparative analysis which highlights the similarities and differences in the structure and operations of each body, and attempts to establish the reasons for their comparative successes and failures.

Sujets

• Politique

Informations

• Publié par: African Minds
• Date de parution: 23 mai 2016
• Nombre de lectures: 4
• EAN13: 9781920489168
• Langue: English

Extrait

Election Management Bodies in West Africa

A comparative study of the contribution of electoral commissions to the strengthening of democracy

By Ismaila Madior Fall Mathias Hounkpe Adele L. Jinadu Pascal Kambale

A review by AfriMAP and the Open Society Initiative for West Africa

 Open Society Foundations, second impression, 2012

This publication is available as a pdf on the Open Society Foundations website or the AfriMAP website under a Creative Commons licence that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. Published by: Open Society Foundations

ISBN (paperback): 978-1-920489-16-8 ISBN (Ebrary): 978-1-920489-72-4 ISBN (MyiLibrary): 978-1-920489-73-1 ISBN (Adobe PDF digital edition): 978-1-920489-74-8 For more information contact: AfriMAP / Open Society Initiative for Southern Africa (OSISA) PO Box 678 Wits, 2050 Johannesburg, South Africa [e-mail] www.afrimap. org Open Society Initiative for West Africa (OSIWA) BP 008, Dakar-Fann, Dakar, Senegal www.osiwa.org Layout and printing: COMPRESS.dsl, South Africa www.compressdsl.com

Distributed by African Minds 4 Eccleston Place, Somerset West, 7130, South Africa [e-mail] www.africanminds.co.za

ORDERS: African Books Collective PO Box 721, Oxford OX1 9EN, UK [e-mail] www.africanbookscollective.com

Contents

Preface

1Overview: The contribution of electoral management bodies  to credible elections in West Africa –Pascal Kambale A. Introduction B. Colonial legacy C. Elections and constitutional reforms D. Membership of EMBs and appointment of Electoral Commissioners E. Independence and effectiveness F. Common challenges to electoral management G. Conclusion H. Recommendations

2Benin –Mathias Hounkpe A. Summary B. Historical background C. The Autonomous National Electoral Commission (CENA) D. Funding of elections in Benin E. Electoral disputes in Benin F. Critical assessment of the CENA’s performance G. Recommendations

3

Cape Verde –Ismaila Madior Fall A. Summary B. Constitutional development, party politics and electoral history C. Election management bodies: Legal and institutional frameworks,  powers and independence D. Funding of elections in Cape Verde E. Electoral disputes in Cape Verde F. A critical assessment of the performance of EMBs in Cape Verde G. Recommendations

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12 12 13 19 31 34 36 47

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58 65 67 67 74

4 Ghana –Mathias Hounkpe  A. Summary  B. The political development of Ghana  C. The Electoral Commission (EC)  D. Funding of elections in Ghana  E. Electoral disputes in Ghana  F. Critical evaluation of EC performance  G. Recommendations

5

Nigeria –Adele Jinadu A. Summary B. Constitutional development, party politics and electoral history C. Nigeria’s electoral management body: History, structure and independence D. Funding of elections in Nigeria E. Electoral disputes in Nigeria F. Assessment of electoral governance and process in Nigeria G. Post-1999 debate on electoral governance in Nigeria H. Recommendations

6Senegal –Ismaila Madior Fall  A. Summary  B. Constitutional change, party politics and electoral history  C. Status, powers and functioning of EMBs  D. Funding of elections in Senegal  E. Electoral disputes in Senegal  F. A critical assessment of electoral governance in Senegal  G. Recommendations

7

Sierra Leone –Adele Jinadu A. Summary B. Historical context C. Institutional structures D. Funding of elections in Sierra Leone E. Electoral disputes in Sierra Leone F. A critical assessment of electoral governance in Sierra Leone G. Recommendations

About the authors

ivMANAGEMENT BODIES IN WEST AFRICA ELECTION

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Preface

Electoral management bodies (EMBs) have become a keystone of the process of democ- ratisation in the countries of West Africa. Their composition, mandate and activities have attracted increasing public attention. In some countries, the EMBs and the rules of the electoral game are the focus of passionate interest and debate each time elections come around. In others, the debates around the EMBs are semi-permanent and attract attention even outside the electoral cycle. The lack of a clear understanding of the issues at stake in the design of these bodies has often led to the generation of more heat than light, while leading to proposals that do not address the real challenges at stake. This report thus responds to the evident need for more knowledge about an institution that occupies a more and more important place in the political process in West Africa. It is an in-depth study of EMBs in six countries of West Africa – Benin, Cape Verde, Ghana, Nigeria, Senegal and Sierra Leone – based on documentary research and detailed interviews in each country. An introductory chapter, which draws also on a separate study by AfriMAP of election management in Uganda, provides a comparative analysis which highlights the similarities and differences in the structure and operations of each body, and attempts to establish the reasons for their comparative successes and failures. Each of the country’s study explores in detail the extent to which the EMBs fulfil their responsibilities, the degree to which they are independent of the executive, the effective- ness of their performance, and their contribution to the improvement of the quality of elections and consequently the quality of democracy in each country, as well as the systems for adjudicating electoral disputes. The study situates EMBs in their broader context, tak- ing account of their status as a product of the struggle for democracy in each case, their anchorage in the constitutional traditions of each society, their place in the history of politi- cal reform and their interaction with the other institutions of each country. As institutions that apply the rules governing elections, EMBs are at the heart of dis- cussion and practice on the critical question of effective citizen participation in the public affairs of their countries. It is now two decades since EMBs independent of government under various guises first emerged in some countries of the region, or were the subject of serious reforms where they existed already. Since then, the way in which they are estab- lished and the effectiveness of their operations have continued to preoccupy those who

PREFACEv

advocate for competitive elections, while reforms to the EMB have taken centre stage in more general political reforms. The demand – achieved in some cases – by citizens, politi- cal actors and members of the governing class to have the right to oversee the functioning of these bodies is a measure of the critical role that they play in translating into fact the principles of transparency in democratic government. Yet often this oversight goes no fur- ther than the adoption of the formal rules for the composition and mandate of the EMB. The issues that make the real difference to the independence and effectiveness of the EMB, beyond the level of formal guarantees, are left unexamined. As a result, the ordinary citi- zen, and all the other protagonists in the political contest, often have only a limited knowl- edge of the impact that the formal structures of the EMB have or could have on the quality of democracy in the countries concerned. This study thus comes at an opportune moment for discussions of electoral reform. Its aim is to compare theory and practice of electoral management in countries with dif- ferent traditions and political cultures. From this point of view, the study offers an inter- esting overview of the socio-historical, institutional, and political context that allows a deeper understanding of EMBs in the west African context. Thus, the study both provides a detailed account of current situation, opening up the debate on the bodies charged with management of elections in the countries concerned, and also offers to citizens, political actors, governments and international institutions an evaluation of the issues at stake and recommendations for reforms that are necessary. It aims to be a tool to increase under- standing of the institutions and procedures governing elections and to encourage reforms in the management, oversight and credibility of the electoral process, to strengthen election observation, and to improve the management of electoral disputes.

Methodology and acknowledgments The idea of carrying out a critical study of electoral management bodies and to evaluate their role in the organisation of credible elections in West Africa came from a series of consultations carried out from mid-2009 by AfriMAP, the Africa Governance Monitor- ing and Advocacy Project of the Open Society Foundations. In August 2009, AfriMAP co-organised, with the Open Society Initiative for West Africa (OSIWA) and the Council for the Development of Social Science Research in Africa (CODESRIA), a consultative work- shop on the elections and the role of civil society in West Africa. We would like to thank the following persons who represented at this meeting the bodies most active in electoral observation and electoral reform in West Africa: Aliyu Ahmadu of the Centre for Democ- racy and Development in Nigeria (CDD-Nigeria), Emmanuel Akwetey of the Institute for Democratic Governance in Ghana (IDEG), and Aboubacry Mbodj of theRencontre africaine pour la défense des droits de l’hommein Senegal (RADDHO), as well as Achieng Akena and Ibrahima Kane, both of the AU advocacy programme of the Open Society Foundations. This meeting noted that despite their differences in political traditions the countries of the west African sub-region shared many similar challenges in relation to the holding of credible elections. Participants at the meeting noted that among the characteristics

vi ELECTION MANAGEMENT BODIES IN WEST AFRICA

of elections in West Africa is the weakness of the institutional framework for their organisation, their vulnerability to open or hidden interference from political actors or the executive, and the inability to take action against electoral malpractice. The meeting concluded that a systematic study of the institutional framework for the organisation of elections in comparative perspective would allow an examination of the reasons for these weaknesses and give decision-makers and activists a tool for reform of electoral practice based on reliable research. Drawing on the recommendations of this consultative meeting, in October 2009 Afri- MAP organised a further consultation aimed at developing a methodological framework for a comparative study of Electoral Commissions in the sub-region. In addition to the authors of this volume, the meeting also benefited from the participation of the following persons, whom we thank for their contribution: Hawa Ba, Senegal programme officer at OSIWA; Idiatou Bah, political governance programme officer at OSIWA; Maurice Enguéléguélé, programme coordinator of the African Governance Institute (AGI); Kango Lare-Lantone, consultant and former adviser to the United Nations Development Programme (UNDP) on governance reform; Bernard Lututala, deputy executive secretary of CODESRIA; George Nzongola-Ntalaja, interim executive director of AGI; and Ebrima Sall, executive secretary of CODESRIA. Individual country research for the study was carried out by the named researchers on the basis of documentary research and one or more field trips to the country concerned, in late 2009 or the first half of 2010. In each country, the researchers interviewed leading play- ers in the management of elections, including representatives of the electoral management bodies, political parties and civil society. At least one focus group was also organised where a variety of players discussed the challenges of election management in their country. The information presented in this report aims to be up to date as of late 2010. None of these meetings could have been organised without the help of Yaye Helene Ndiaye, administrative assistant to AfriMAP, who also gave important support for the field research for this study by programming and coordinating the visits of the authors to the various countries. Hawa Ba and Idiatou Bah have read and commented on several chapters of the studies. Bronwen Manby, senior programme adviser with AfriMAP, has read and commented on the complete study and made a substantial contribution to its final version. The study was led and finalised under the editorial direction of Pascal Kambale, deputy director of AfriMAP.

PREFACEvii

1

Overview: The contribution of electoral management bodies to credible elections in West Africa

Pascal Kambale

A. Introduction Electoral competition has progressively come to occupy a central place in the political life of almost all the countries of the west African sub-region since the beginning of what has been called the ‘second wave of democratisation’ at the beginning of the 1990s. The Pro- tocol on Democracy and Good Governance adopted by the Economic Community of West African States (ECOWAS) in 2001 states that among the principles to ‘be declared as con- stitutional principles shared by all Member States’ is that ‘Every accession to power must be made through free, fair and transparent elections’ (Article 1[b]). It also provides that ‘The bodies responsible for organising the elections shall be independent or neutral and shall have the confidence of all the political actors’ (Article 3). Among the reforms introduced in the last 20 years to consolidate the (re)nascent practice of democracy, those aiming at improving electoral management have both led the way and attracted the most passionate debates. One of the general traits of the reforms introduced in this area in the countries studied have been efforts to reinforce or initiate mechanisms to separate, even insulate, electoral management from the normal administrative responsibilities of the executive. The direct consequence has been the creation of electoral management bodies (EMBs)

OVERVIEW1

described as ‘independent’ of the executive in almost all the countries of the sub-region. This has resulted in the need to equip electoral management bodies with competent per- sonnel, whose need for expertise has increased each time the electoral rules and procedures became more complex. This collection of studies asks the question whether, and if so to what extent, the achievements in building institutions and expertise have in fact had a positive impact on democracy in the countries of the sub-region. It aims to judge the impact that the evolution of the structures and procedures for electoral management has had in practice on the qual- ity of citizen participation in the running of their countries. The main findings of the dif- ferent studies show that even if the problems are similar in each country and the responses to these problems have taken the same institutional and procedural route, the effect that the responses have in turn had on the credibility of elections and the quality of political participation varies considerably from one country to the next. The reasons for these differ- ences are often located in historical factors and the general political context, rather than the institutional form of the EMB or the legal status of its members – even though these factors are not without consequences for electoral governance.

B. Colonial legacy In all the countries included in this collection, with the exception of Cape Verde, the experience of elections dates from the colonial period. The system of election administration and the political context during the colonial period – and in particular during decolonisation – thus had a huge influence on the electoral politics of each country at least during the first decades of independence. Although the civil service directly administered elections in both Britain and France at the time, Britain took the choice of establishing semi-autonomous electoral commissions to administer the pre-independence elections in the 1950s, in the interests of moderating the internal tensions brought by the introduction of party politics. The standard constitutional provision established an electoral commission which ‘shall exercise its powers, functions and duties independent of any direction or influence by any other person or authority’. More or less autonomous electoral commissions are thus a tradition since independence in most anglophone countries (including Ghana and Nigeria in West Africa, though not Sierra Leone); whereas electoral commissions are a relatively new innovation in the francophone and lusophone countries (Benin, Cape Verde, Senegal; and also in Sierra Leone, where one was created by the 1991 constitution). The idea that electoral management should be carried out by a body of honest and competent public servants, outside the influence of politics, also dates from the colonial period. But there are again different trajectories. In some cases, the public servants were recruited from among the colonial administration itself; in others, it was rather eminent personalities independent from the administration who led the process. In the francophone countries during the last years of empire, elections were carried out within the framework

2 ELECTION MANAGEMENT BODIES IN WEST AFRICA

of the colonial project, with the aim of consolidating its legitimacy (Benin, Senegal). In the anglophone countries, by contrast, the elections organised in the last years of the colonial period took place within the context of a challenge to colonisation and/or of preparing the African elites for independent government (Nigeria, Ghana, Sierra Leone). These differences also partly explain how in the francophone countries the electoral management systems in place during colonisation were maintained following independence, consolidating the new regimes. In the anglophone countries, on the other hand, the role of the electoral management bodies was among the issues contested in the political turmoil of the first years of independence. The difference in trajectories also may account for the difference in the history of electoral violence in (most of ) the anglophone versus (most of ) the francophone countries. The fact that early elections in the immediate pre-independence period were part of the decolonisation process in the anglophone countries partly explains the largely violent nature of elections in these countries; while in Benin and Senegal, as in the rest of pre- independence territories ofAfrique occidentale française (AOF), elections bordered on a routine administrative formality and contests were for colonial offices among African candidates who were already part of the colonial elite. Thus electoral violence is in most francophone countries a relatively new phenomenon which came with the second wave of democratisation in the early 1990s. Even in Senegal, where democratisation started much earlier than in most francophone countries, electoral violence in its most brutal form became a chronic feature in electoral contests only after the restoration of unrestricted multi-party politics in the late 1970s.

C. Elections and constitutional reforms As an integral part of the political history of these countries, the EMBs have been a focus of efforts to consolidate democracy. Whichever trajectory they followed, the reform of EMBs – their status, powers and functions – has been an important aspect of the broader constitutional and political reforms that have taken place in all the countries studied. In certain cases (Ghana, Sierra Leone), electoral reforms were at the heart of efforts to adopt a new constitution and give the country a new more democratic institutional framework. In other cases (Benin, Nigeria), the reforms in the electoral system were the logical consequence of efforts to put in place more stable institutions that were more representative of the regional diversity of the country. The countries that have not seen such turbulent institutional restructuring (Cape Verde, Senegal) – and have therefore hardly seen any fundamental institutional reforms making a break with the historical format – have also undertaken relatively few reforms in electoral management and procedures. The executive has therefore continued to play an important, indeed leading, role in the management of elections.

OVERVIEW3