This article was written and published in 2010 but decided to post it due to the importance of the Senatorial elections on October 2014 THE NEED TO RESTRUCTURE LAWS AND THE NATIONAL ELECTIONS COMMISSION Phillip Saa Tali, Jr philipsaah@yahoo Cell number 06949727 Last week what appeared as a major political development in Liberia’s democracy was 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 graced the occasion. Big, big and beautiful speeches were made lifting the hopes of democracy and creating the environment to search for true leaders and statesmen. But we should not forget to recount 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 nearer, it is about time we all starts to shift attentions to elections activities. Please note that there is a thin line between peace and chaos when ever it comes to elections. And thus far, the cardinal point to the development of this country is credible and free 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 enshrine in the constitution) in a general and presidential elections. And though that election was alleged to have been rigged by the ruling party (National Democratic Party of Liberia or NDPL), as it is always alleged by opposition parties in Africa, yet the 1985 elections paved the way for Multiparty democracy in Liberia . The outcome of that election was, 1. A new constitution that represents all Liberians, 2. Electoral laws accepted by all stakeholders and political parties and 3. Electoral guidelines admired and practice by all parties to date. The ascendancy to political leadership is considered as one of the cardinal goals of political parties and they are usually the major stakeholders in elections, we should also note that there are more work needed to transcend or foster democracy than wining elections. Amongst such is: 1. Influencing of government policies making and implementation; 2. participate 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; 3. promoting an active participation by individual citizens in political life; 4. training talented people to assume public responsibilities; 5. exercising an influence on political trends in parliament and the government; 6. initiating their defined political aims in the national decision-making processes; and 7. ensuring continuous, vita links between the people and the public authorities. But regrettably, Liberian political parties have distance themselves from these functions. For more than one hundred and sixty-five years the political history of Liberia has been marked mainly with 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 all 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’s pray that no highly ambitious politician will steal our path to a strong and vibrant democracy again (as was done in 1990). Also, for the first time in Liberia, the National Elections Commission and 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 structure to be reviewed and amended if Liberia must have a credible and successful election in 2011. Amongst the laws that need urgent amendments are: 1. ABSOLUTE Majority vote law needs some reform or complete amendment. That’s, instead of absolute majority win or 50% plus one vote for legislative and general elections it should be SIMPLE MAJORITY. The absolute majority should be applied to the presidency while the legislative and local elections be conducted by simple majority. The defense to this argument is, it will cost the government lot of funds if this law remains in the book. As you are all aware majority of the funding of the 2005 presidential and general election was done by the international community. And up to date, the NEC is consistently been assisted by international institutions. These institutions may not always be around to assist. Don’t forget that Liberia is not the only post war country nor will she continue to be a focus point of the U N, U.S and other partners. 2. Adequate time for campaigning. Political Parties and Candidates should be given adequate time in running their campaigns. In the electoral law parties and candidates are given 2 to 3 months to campaign which in my opinion is not fair. Looking at the climatic condition (RAIN SEASON PEROID), BAD ROAD CONDITION, POOR INFRASTRUCTURE and TECHNOLOGIES, three months of campaign in Liberia is insufficient. Nine months or some reasonable time as agreed upon by stakeholders would be a good help to the process. 3. There is a need to reschedule calendar table for elections in Liberia. The elections in Liberia are held the beginning of the dry season (October), which is at the very end of the rain 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. Separate election court for elections matters. At present, the electoral law of Liberia states that initial complaints or argument regarding election irregularities, rigging, fraud etc must first be heard by the National Elections Commission. 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. 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, nominated by the judiciary, press, civic society, and the president who will then appoint them with the consent of the legislature and heavily supported by funding from the international community. It will be very much fair to all parties if the presidency is not too involved in the process. 5. 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, distrust, partisan connections, etc can degrade or consider the entire elections process as fraud. And if you can recall of recent there has been lot of negative perception in the public about elections commissioners. Some parties are allegedly accusing the commission of been too soft or pro Unity Party supporters, etc. Even though most of these allegations may be unfounded and false, yet there is a need to change some of the processes of appointing of elections commissioners. There is a need for All National Elections Commissioners to be nominated in this category. a) since there are seven commissioners, three of the commissioners should be appointed by political parties b) civic society organization nominate 2 commissioners and, c) two from the religious council. From the numbers of name given the president appoints with confirmation from the senate. I am of the strong conviction that with this level of appointment it would be very difficult or impossible for any candidate or party to point accusing fingers on the presidency. And for job security, effective and efficient performance the commissioners should be well paid and tenure should be for only six years. 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 different between civic education and voters education. Civic education deals with all aspect that has to deal with civic awareness in all fields, and voter education restricts itself to election matters, which the NEC is competent and most qualify of. If I am not wrong, there are lot of unconstitutional issues, ills within the society that are perceived as good by the populace that are killing us softly and easily. So with the establishment of a civic education commission there bound to be some level of changes in our society. I am of the conviction that if the government and the entire society consider these recommendations we are bound to have a successful 2011 and a peaceful society. Phillip Saa Tali, Jr The author is an Election Expert that once worked with NDI and UNDP o electoral related issues. He also holds a Masters in International relations and Diplomacy and extensive training on elections management.
Posted on: Thu, 24 Jul 2014 12:37:29 +0000
Trending Topics
Recently Viewed Topics
© 2015