National Electoral Commission [NEC] Sierra Leone

Transcription

1 National Electoral Commission [NEC] Sierra Leone ANNUAL REPORT SEPTEMBER 2006 SEPTEMBER 2007 NEC HQ under Construction NOVEMBER, 2007

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3 National Electoral Commission [NEC] Sierra Leone ANNUAL REPORT SEPTEMBER 2006 SEPTEMBER 2007 NOVEMBER, 2007

4 MISSION STATEMENT The National Electoral Commission [NEC] is a public institution, whose mission is to organize, conduct and supervise all public elections and referenda, register all eligible voters, demarcate constituency boundaries and make regulations for the efficient performance of its functions. The National Electoral Commission shall impartially serve all stakeholders in the electoral process, and shall undertake voter education programmes for the citizens of Sierra Leone as a means of promoting and sustaining democracy good governance and an enlightened citizenry. VISION The vision of the National Electoral Commission [NEC] is that of an independent, credible and well-resourced institution which promotes democracy and good governance by continually administering elections in such a manner that the results are acceptable to all

5 FOREWORD This report covers the period 1 st September st September During the period under review, the National Electoral Commission (NEC) was mainly occupied with the laying of a solid foundation for the conduct of the 2007 Presidential and Parliamentary elections, which is part of the Commission s mandate. The production of this annual report is also in fulfilment of our constitutional responsibility. The National Electoral Commission successfully conducted the 2007 Presidential and Parliamentary elections. NEC is grateful for the sustained financial and moral support received from the Government of Sierra Leone, the International Development Partners, the United Nations System, the general public and the people of Sierra Leone during the last twelve months. We would like to convey our profound thanks and appreciation to the Sierra Leone Police, all the security agencies, our local partners and all who contributed to whatever measure of success we achieved during the year. Though the year was a success, it was not without its share of challenges. We regret the lack of integrity demonstrated by some members of staff during the electoral process but are heartened that the vast majority carried out their responsibilities in the spirit of their oath of office and with professionalism. We solicit your continued support as we face the herculean task of administering credible and acceptable elections in Sierra Leone. In this report we have recorded some of the achievements and challenges we encountered as an Electoral Management Body. The Commission is hopeful that all its takeholders in the democratic process of Sierra Leone will find this report useful and informative.. Dr. Christiana Thorpe Chief Electoral Commissioner & Chairperson National Returning Officer ii

6 TABLE OF CONTENTS MISSION STATEMENT VISION.. i i FOREWORD. ii EXECUTIVE SUMMARY... iv 2.0 INTRODUCTION STAFF CAPACITY DEVELOPMENT/PROCEDURES AND TRAINING INFRASTRUCTURE/ASSETS DEVELOPMENT ESTABLISHMENT OF I.T. SYSTEM LAWS AND REGULATIONS PARLIAMENTARY APPROVAL OF CONSTITUENCY BOUNDARIES VOTER REGISTRATION EXERCISE CIVIC/VOTER EDUCATION (collaboration with civil society) CONDUCT OF PRESIDENTIAL AND PARLIAMENTARY ELECTIONS INTERACTION WITH STAKEHOLDERS ELECTION BUDGET REGIONAL REPORTS- Field Coordination and Reporting Unit CONCLUSIONS GENERAL RECOMMENDATIONS.. 62 ACRONYMS 64 iii

7 EXECUTIVE SUMMARY The processes leading to and the conduct of the presidential and parliamentary elections of 2007 in Sierra Leone, have been widely acclaimed at both national and international levels to be generally well administered, transparent, peaceful, standardized and acceptable. Political pundits consider the two rounds elections to mark a significant and positive development in Sierra Leone s strive towards not only consolidating democracy and peace, but also setting the pace for economic stability and social hegemony. The main instrument used as reference point for the operations of the Electoral Management Body of Sierra Leone, the National Electoral Commission (NEC), is the 1991 Constitution and the Electoral Laws Act of This Commission has the sole authority as enshrined in Section 33 of the 1991 Constitution, to conduct all public elections, referenda and registration of voters. Section 32, Sub-Section 12 also mandates the Commission to present an Annual Report on its programmes and activities to His Excellency, the President of the Republic of Sierra Leone and a copy of this Report to be laid before the House of Parliament. In preparation for both the 2007 Presidential and Parliamentary Elections and the 2008 Local Government Elections, the National Electoral Commission undertook a comprehensive restructuring process reflective of standard independent electoral administration and management institutions. This process resulted in the recruitment of a more professional and qualified iv

8 technocrats who conducted the 2007 General Elections revered internationally as being exemplary in Africa and the World over. The restructuring process also included the delimitation of the 112 constituency boundaries, following parliamentary approval; in line with the required number of seats in Parliament, using a population quotient and the 2004 population Census figures as a major parameter. The Commission, during the year under review, demonstrated its determination to achieve the crucial matrix of infrastructure/assets development by ensuring that the foundation stone for a permanent national headquarters was laid, with construction commencing at Tower hill on a site in which the former NEC building was located since colonial administration, commonly called bode ose. The legal framework of the electoral system was also modeled in line with international standards. Attempts are underway to not only modernize electoral laws, but also effect drafting amendments and/or new laws; in the process ensuring regular consultation with the public and other stakeholders and then seeking parliamentary approval. NEC transferred its responsibilities for the registration and supervision of the conduct of political parties to the Political Parties Registration Commission (PPRC), with NEC being a member. The Information technology systems were also upgraded with state of the art equipment and relevant procedures developed to suit the standards set for operational orders. Capacity building mechanisms were further adopted by the Commission to ensure efficient service delivery by staff. A key element for maintaining standards, policies and procedures has been the development in staff capacity from NEC headquarters to district levels. Capacity building was v

9 considered an integral concept within the electoral operational process, hence its strengthening and effectiveness over the year. Voter registration was very successful with a total number of 2,619,565 eligible voters registered throughout the country. The registration was fixed centered. Voter Education/ Sensitization have been ongoing, which largely contributed to the successful conduct of Voter registration, exhibition, nomination procedures, campaigning and the two rounds elections. Conclusively, the Commission requests urgent action by donors, the relevant authorities and stakeholders in providing needed funding and assistance for the holding of credible and transparent local council elections in There is need for a permanent budget to be established to ensure that the NEC can undertake all its activities for the preparation and oversight of elections. Such a budget should be subject to parliamentary approval. vi

10 2.0 INTRODUCTION This report contains information on the administrative structure, programme implementation strategies and activities undertaken during the period under review in conformity with the 7- steps Electoral Reform Matrix, highlighting constraints and plans for the immediate future. 2.1 ADMINISTRATIVE STRUCTURE OF THE COMMISSION The National Electoral Commission is made up of a Chief Electoral Commissioner, who serves as the Chairperson, and four other Commissioners. The President appoints all the members of the Commission, in consultation with all registered political parties and subject to the approval of Parliament. The tenure of office for the Commissioners is five years, and their terms and conditions of service are prescribed by Parliament. Position Name Gender Oversight Responsibility Chief Electoral Commissioner Dr. Christiana A.M. Thorpe F Commissioner Alhaji Algassimu. S. Jarr M National Sensitization/ Voter Education Northern Region - Boundary Delimitation Eastern Region Commissioner Mr. Edie A. Nyaley M Infrastructure/ Assets Management Commissioner Mrs.Daphne Olu-Williams F Western Area - Legal Reform Commissioner Chief Executive Officer/ Executive Secretary Mr. Winston B. Minah Dr. Hindowa B. Momoh M M Southern Region - Capacity Building Head of National Secretariat The Commission is an oversight body, responsible for all policies and the overall supervision and control of the process of elections. It is responsible for the preparation, organization and the adoption of all necessary measures to ensure free, fair, credible and acceptable elections. These include overseeing the work 1

11 of its Operational/ Technical and Administrative Divisions, interacting with all stakeholders and making an overall assessment of the electoral process. The Commission operates from its headquarters in Freetown and 14 district electoral offices in the provinces and the Western Area. In order to fulfill its objectives, NEC operates through two Departments: Finance and Administration Operations. There are six permanent Units operating within the two departments and an additional 3 ad hoc Units: - 1. Finance Unit, 2. Human Resource Management Unit, 3. Field Coordination and Reporting Unit, 4. Information Technology and Voters Roll Unit, 5. Citizens Outreach/External Relations Unit 6. Administration Unit. 7. Procurement/ Logistics Units 8. Procedures and Training Unit 9. Legal Unit The District Electoral Officers are Heads of each of the 14 electoral districts, assisted by Assistant District Electoral Officers. Each District Office is responsible for the planning and administration of the operations at the District level; following operational guidelines prepared by the national headquarters. 2

12 2.2 STATUTORY FUNCTIONS OF THE NEC As stated in Section 33 of The 1991 Constitution,..the Electoral Commission shall be responsible for the conduct and supervision of the registration of voters for, and of, all public elections and referenda; and for that purpose shall have power to make regulations by statutory instrument for the registration of voters, the conduct of presidential, parliamentary or local government elections and referenda, and other matters connected there with, including regulation for voting by proxy. The functions of the Commission therefore in brief include: - The conduct of all public elections and referenda; The registration of voters; The demarcation of constituencies with the approval of Parliament; and, Making regulations for the efficient performance of its functions. In the exercise of any functions vested in it by this Constitution, the Electoral Commission shall not be subject to the direction or control of any person or authority. The independence of the Commission, in the performance of its functions, is therefore guaranteed. It must be noted that the Commission has accomplished the Seven Matrices in varying degrees. However, some of the matrices remain ongoing; namely staff capacity development and voter registration, are continuous processes. It is a continuous requirement for the Commission to register eligible voters for all public elections and capacitate staff as and when necessary. The implementation of the 7 Steps Electoral Reform Matrix was largely achieved with the full collaboration of all stakeholders in the electoral process. This election has been successfully conducted by the Commission and has been largely applauded by both local and international observers as free, fair, credible, transparent and acceptable. The NEC and the Security Forces were also 3

13 commended for the professional manner in which the elections were conducted. All phases in the 2007 electoral process; namely, Voter Registration, Exhibition, Inquiry Period, Nomination, Political Campaign, Polling and Counting were largely described as credible, 2.3 PREPARATION FOR AND IMPLEMENTATION OF THE 2007 ELECTIONS The preparedness for the 2007 elections included but was not limited to the recruitment of some thirty-four ad hoc staff members by NEC, who started working at the NEC H/Q on November 1, 2006, substantially increasing the human resource gap, particularly in the Operations Department. A briefing and information workshop was held on Friday 3 rd November 2006, to introduce recruits to the NEC s concept of operations and the current state of preparations. The signing ceremony of the political parties Code of Conduct took place on 23 November The eight political party representatives, who took part in the Code of Conduct workshop, attended the ceremony and signed the code. Data centre for the collation, analysis and presentation of all raw data from the field was established and additional IT staff recruited. The NEC voter operational task force had a plenary meeting on 8 November. Given the new staff reinforcements, the working groups were redesigned as follows: (1) Procedures and Training, (2) Data Management, (3) Field Coordination and Reporting, (4) Logistics, (5) Procurement, and (6) Outreach. It is noteworthy that a new Unit was also added to the Operations Department: External Relations, in charge of accreditation of electoral observers and political party agents. In January 2007, Voter Education Officers, Logistics Assistants and Training Officers were also recruited in every district. 4

14 In planning for the electoral process all efforts were made to maximize voters and other stakeholders participation. NEC also included as an integral and central part of its preparations and operations, information and education efforts directed at the public at large and all electoral participants. Relations with the voters, the political parties, electoral observers and media were maintained prior to the voter registration exercise. Those relations became even more central to the work of the Commission as political campaigning and polling preparations continued. The campaign period spanned July 10 th to August 9 th Voter participation in the electoral process to a large extent formed an integral part of the impact of voter education efforts. In order to ensure that information disseminated to voters was timely and accurate, the NEC developed and implemented a voter education strategy incorporating: issuance of official guidelines on voter education; coordination and cooperation with other civic education partners on a national and district level to prevent overlap and increase effectiveness; conduct of face-to-face interactive activities designed to motivate and inform the voting population, using materials developed by the Citizens Outreach/Voter Education Office (messages on posters, flyers, brochures, stickers, flipcharts, fact sheets, and audio visual messages); taking into account the specificities of women, youth, physically challenged voters, developed targeted messages addressed to them, promoting their participation; co-ordination at the district and sub-district levels with civil society organizations to increase distribution channels and campaign efforts. Additionally, the NEC presented the public at large with official electoral information. A key task of the NEC was to ensure that the Sierra Leone electorate received clear and accurate information in order to participate in the electoral process. The main objectives in this area were: 5

15 disseminating accurate and relevant information; promoting positive attitudes towards the electoral process; promoting integrity and transparency of the electoral process; and, liaising with relevant groups: mass media, political parties, donors, women, youth groups and Civil Society Organizations (CSOs). NEC prepared accreditation cards for political party agents to facilitate their full participation in the electoral process. Considered to be major actors, party representatives were regularly briefed on the electoral process and regular contacts were maintained with them in order to ensure the transparency of the process. During the campaign period and on polling day, NEC also followed up on, and adequately addressed any complaints brought forward by candidates, Political Parties, and other stakeholders. To ensure the transparency of the process, NEC invited and accredited national and international groups or organizations that wished to observe the electoral process, including voter registration, political campaign, polling, counting and announcement of results. Additionally, NEC issued Code of Conduct for election observers, stating the rights and responsibilities of the observer groups. For the nomination of candidates for all positions, NEC established and publicized an electoral timetable, taking into account the provisions of the law. Dates, times, and places were set for the completion of formalities concerning nominations, which was done with sufficient time for the printing of the ballot papers. The Commission also ensured that all nominees were eligible and met all the stipulated qualifications. 6

16 The Commission also endeavored to promote and facilitate the participation of marginalized groups and other persons who through physical or other handicaps faced difficulties in participating fully in the electoral process. For instance, the blind were sensitized on the use of and provided with Tactile Ballots for polling as an affirmative action, promoting their full and equal participation. Also a lot of sensitization efforts were made to ensure that women participate in the process as voters and candidates. NEC, during the period under review, worked assiduously to increase the awareness of the Sierra Leonean populace by encouraging them to participate in, and positively contribute to the success of the elections. Since its inception, the Commission involved all stakeholders in its operations through Workshops, Seminars, Press Conferences, Radio discussions and media coverage. There were nation-wide consultations on all electoral issues on the 2007 electoral process, which considerably increased awareness on the need to promote consciousness about civic responsibilities among the citizenry. The Commission also closely collaborated with Human Rights institutions in educating Sierra Leoneans on their inalienable right to fully participate in the electoral process. The Commission and its stakeholders played a great role in preaching tolerance and violent free elections. The National Electoral Commission still sees the electoral process as a means of consolidating peace and security, and reconciling the people of Sierra Leone hence its continued desire to involve all stakeholders in the electoral process. NEC s Resolution No. 1 of 2005, formally adopted the Commission s comprehensive electoral reform programme called Electoral Reform Matrix 7 Steps. The implementation schedule of the Commission was thus based on the seven steps of the electoral reform matrix: 7

17 (i) Restructuring (ii) Staff capacity development (iii) Infrastructural development (iii) Information Technology (iv) Reform of Electoral Laws & Regulations (v) Boundary Delimitation (vi) Voter Registration (vii) Voter Education/Sensitization In the implementation of the above schedule, the Commission collaborated with identifiable and credible civil society organizations, NGOs, relevant government ministries and departments and its international partners. 3.0 STAFF CAPACITY DEVELOPMENT/ PROCEDURES AND TRAINING Staff Capacity Development is the Second Matrix in the National Electoral Commission s Seven Steps Reform Matrix promulgated in NEC Resolution No.1 dated 17 th May Placing Staff Capacity Building as a top item on the Reform Matrix means that there is an absolute need for a continuous capacity building for various categories of staff in the NEC: vis-a-vis, (a) core staff, who enjoy security of tenure and were engaged in the institution, (b) additional core staff, who were engaged on a temporary basis to respond to the expanded needs of NEC, (c) temporary staff including the Registration Centre Monitors/Constituency Election Monitors and, finally, (d) the ad hoc staff, comprised thousands of registration and polling staff. The effectiveness and adherence to international standards of this process was lauded both nationally and internationally. Over the period in review, policies, procedures and standards have been maintained in facilitating free, fair, transparent and credible presidential and parliamentary elections and the runoff elections. A key element for this achievement was the development in Staff Capacity from Head Quarter to District levels. Staff capacity building is considered as an integrated concept 8

18 within the electoral operational process. The capacity of staff in the Department/Units of Finance and Administration and the Department of Operations/Units were strengthened respectively. The Training and capacity building of the Commission was immensely supported by our international partners, especially the United Nations through the Electoral Assistance Team (EAT). International Assistance goal in the 2007 electoral process was modified to strengthen the local capacity of electoral authorities so that we could, in the future, undertake similar tasks with decreasing international assistance. The 2007 elections in Sierra Leone were complex. There were three separate elections, Presidential elections; including the possibility of a second round or run-off elections should no candidate receive 55% of the vote in the first round; Parliamentary elections and the elections of the Paramount Chief Members of Parliament (PCMP). There were hectic preparations for all phases in the electoral process, starting with the constituency boundary delimitation process, a voter registration exercise, the creation of a preliminary voter s roll, the exhibition and enquiry exercises, the development of a final voters roll, and the polling, counting and tallying processes. At the core of the structure and mandate of the UN Electoral Assistance Team (EAT) was the stress on local ownership, a central concept in the development of the UNDP Electoral Reform Project. In the early stages of the project, the technical assistance element provided a series of short-term consultancies in specific areas such as capacity building, needs assessment, a review of the national electoral legal framework, boundary delimitation, and IT Technical Solutions. However, NEC required long term Advisors that were integrated across the NEC Departments capable of providing support not only in planning but also during the implementation phases. The long term Advisors worked closely with NEC staff, strengthened the organization s capacity with thoroughness, neutrality and transparency. The Advisors therefore provided the 9

19 required assistance needed in ensuring that the elections met international standards. It is important to note that the NEC which is seen today is not the NEC which existed at the beginning of the UN EAT project. It has evolved from a skeletal organization to a fully operational and functional institution. The NEC used to be an institution merely depending on civil servants to man it in periods prior to elections. The restructuring of the institution aimed to create a permanent electoral management body with its own staff, ensuring independence and developing a professional body of electoral administrators. During this period, NEC core staff were appointed at both the Freetown headquarters and in the 14 (fourteen) electoral districts, to compliment and facilitate administrative and operational duties at Departmental and Unit levels. There had been a dearth in the area of electoral experience both at Headquarters and District levels, hence the dire need to recruit and capacitate core staff members in meeting the operational and administrative needs of the Commission. Pre-major gap in capacity could only be filled by both short and long-term programs of training, advice and on going support leading up to the elections. Furthermore, specific training and capacity building emerged in various Units of the Commission in implementing pressing operational plans for the runup to the Voter registration exercise and the conduct of presidential and parliamentary elections. The EAT at its peak, had a total of over 50 (fifty) Advisors, 28 of which were District Electoral Advisors the rest were based at the NEC headquarters in Freetown. Ten identifiable operational units were provided with advisors, headed by the Chief Technical Advisor (CTA). The CTA had three major roles: (i) to advise the Commissioners, particularly the Chairperson of the Commission in all NEC s policies and procedural issues, providing his expertise in line with electoral international standards, (ii) To coordinate the EAT and ( iii) to be the 10

20 Electoral Advisor to the ERSG and the Liaison between the NEC Commission and the ERSG office. Each international advisor worked closely with their counterpart NEC staff which mirrored the internal structure of NEC. Public Outreach was the only unit that was not provided with a dedicated international advisor. That area was only addressed on an ad hoc basis through Procedures and Training, and also through the work of District Voter Education advisors that were tasked through the Field Coordination Unit. There was the provision of additional support by a limited number of short-term consultants mentioned below:- 1. An Operations Advisor worked closely with the NEC Director of Operations in the overall planning and strategy of the electoral process and interfaced with operational staff. Coordination was also undertaken with NEC departments. Additionally, the Operations Advisor coordinated the overall work of the other members of the EAT. 2. Field Coordination Advisors- assisted the NEC Field Coordination unit in directing the work of the fourteen NEC District Electoral Offices. Field Coordination Unit designed the different instructions and guidelines on implementation of all stages of the process, including a two-way regular communications strategy from HQ to the districts. Additionally, the Field Coordination advisors directed the work of the 28 (twenty-eight) international United Nations Volunteer District Electoral Advisors deployed in the fourteen NEC district offices to ensure full implementation of all instructions relating to all phases in the electoral process. There were two advisors provided per district, one for Operations/Logistics and one for Capacity Building /Training. 3. IT/Data Centre Staff- were charged with the creation of a data centre and the provisions of the IT systems and support necessary for the elections as a whole, including the voter registration process and tallying of poll results. 11

21 4. Logistics advisors assisted the NEC Logistics Unit in the identification of elections materials and storage facilities required for the electoral process. Further, they supported the arrival of materials from the country of origin, sorting, distribution and retrieval of materials to and from the NEC district offices through the different phases of the electoral process. 5. Procedures and Training Advisors incorporating capacity building, worked closely with the NEC to formulate procedures for the entire election process, through voter registration, polling, counting and tallying. The unit also produced all the training forms, manuals, organized and conducted the cascade training from HQ streaming to the registration and polling staff. 6. An External Relations Advisor supported the creation of the Political Party Liaison Committee and the NGO stakeholder forum; advised and assisted the facilitation and participation by interested national groups in the electoral process as a whole, including the development of procedures for the nomination of candidates and the accreditation of national and international observers. 7. A Graphic Designer assisted in the creation of ballot papers, electoral materials and voter education materials. 8. Administration and Finance advisors assisted in the finance accountability measures for the NEC including financial reporting, bank reconciliation, budgetary plans, and the development of a fixed assets register and the creation of staff database. 9. A Legal Advisor oversaw the sensitization of electoral laws into the operation of the NEC, effecting the development of procedures and operational provisions. Provided guidance and assistance in relation to reform of the Electoral Laws Act and constitution, designed the framework for the electoral 12

22 Laws court structure and undertook defense of the NEC within the national court structure. 10. In addition to the support outlined above, a short term consultant worked in tandem with long term advisors in the area of ballot paper design. A senior operational advisor undertook a study to determine the requirements for the creation of a permanent voters register. The senior consultant also provided substantial input in relation to plans and procedures for the polling period and presented a report on issues to address the pending Local Council elections of CAPACITY BUILDING ACHIEVEMENTS 1. The UN Chief Technical Adviser advised and assisted the Chairperson of NEC and the Commissioners on the effective restructuring of the institution to a professional body. Emphasis was also placed on raising the capacity of the Board of Commissioners to deal with the various political and policy-related matters that constantly arose throughout the process. Central to this was the importance of enhancing the policy decision role of the Commissioners along side their previous regional focus. 2. The NEC s commissioners were involved in decisions on all policy issues including technical operations procedures, evaluating options, assessing implications and making decisions at all levels of the process. In almost all cases the options chosen proved successful in dealing with the issues at hand. The experience of problem solving with appropriate responses, not changing fundamentally sound systems proved valuable to the Commission. One important aspect of the presence of the UN electoral advisors was to ensure that all decisions made by NEC met international standards. 3. All of the infrastructural needs of NEC including premises, office equipment, computing equipment, transport, communications, advisory staff and the complete list of election materials for all the polls undertaken were supplied by the PMU in a timely manner. This aided the functioning of the Commission from headquarters level to the district offices and to the polling centers. PMU 13

23 also worked with NEC explaining the procedures for the correct implementation of the UNDP Direct Execution DEX modality, thus contributing to NEC s foundations for project management, project budget execution, acquisition and assets management. 4. The Operations Advisor worked closely with NEC Director of Operations and the Commission as a whole in the planning and management of the electoral process, from the very beginning of the process in the initial planning stages (development of concept of operations and the first operational budget) through to the final tallying of results. NEC staff involved in this process gained experience in the detailed formulation and implementation of a well organized and effective electoral process. In terms of capacity building there is probably no better learning experience than going through an electoral process that was assessed by almost all stakeholders as successful and well implemented. Concomitantly, the NEC independently took charge of the conduct of the Paramount Chiefs Member of Parliament elections. 5. In Field Coordination and in the 14 District electoral offices, the capacities of the national counterparts were significantly raised. At NEC HQ, the Field Coordination Unit was heavily involved in planning and implementing all phases of the operation. They analyzed and responded to data and constraints reported from the districts, participated in the development of electoral materials movement plans and the hiring of all temporary NEC staff. Additionally, they coordinated with other NEC units such as Logistics and Finance for the transfer of funds to the districts and dealt with the myriad problems that inevitably arose in the day to day running of 14 district electoral offices. NEC District staff assisted by two UN Advisors were ultimately able to identify voter registration and polling centers, hire and train over 12,000 registration staff and 37,000 polling staff, identify storage points for electoral materials, plan the delivery and retrieval of all materials (and polling results) to registration and polling centers, and carry out voter education strategies in all areas of Sierra Leone. As most of the NEC district staff never had previous 14

24 6. All materials for the voter registration, exhibition, challenges and candidates nomination periods were equitably distributed with timeliness. Despite the difficulties posed by the rainy season, all materials were delivered to the districts in time for the polling days. Logistics support was also provided in the districts through the district advisors. This assistance was critical in ensuring the movement of materials from district offices to polling stations and NEC staff were fully integrated in the process at all stages. The logistics advisors worked with a team of eight NEC staff. Only one had any form of electoral and logistics experience, though additional training was required. NEC staff were actively involved in arrangements for the transportation of electoral materials, warehousing, sorting and packing of materials and distribution throughout the country. 7. The Data centre established was fully operational in all stages of the process, in particular voter registration, creation of the final voters register, polling and tallying phases. While senior qualified national technical staff could not be found, efforts were undertaken by the advisory team to develop the skills of those junior staff available in the operation and maintenance of the system. These efforts have been largely successful and NEC will continue to maintain the system, until such time as qualified personnel can be found to operate it. 8. The NEC Training Units which comprised six staff at headquarters level and 15 at district levels, benefited greatly from in-depth experience of the requirements of procedures and training for national elections. The Advisors for procedures and training worked closely with NEC staff to produce forms and manuals for all aspects of the electoral process. These included voter registration, exhibition and inquiry, polling, counting and tallying. The unit was also aware of the operational logistical parts of the training, and the staff capable of providing cascaded training agendas and materials, budgeting, reporting and conduct training of trainers. 15

25 9. In the area of Administration and Finance, improvements were made in transparent accounting, human resources and interdepartmental communication. Overall, the capacity of the Administration and Finance unit was raised, but from an extremely limited competence level. There continues to be a need for external assistance in this department. 10. A range of electoral materials, including ballot papers and voter education materials were produced with the assistance of the design advisors. NEC staffs were trained in the technical aspects of design and a NEC officer traveled to the U.K with one of the advisors to oversee the ballot production process, gaining in-depth knowledge on the process. 11. The advisor for External Relations worked with five NEC staff in the creation of a regular agenda of meetings in which regular information was provided to political parties, NGOs, observer groups and other stakeholders. These actions reinforced the NEC policies of transparency and inclusion and were positively received by all stakeholders. The assistance to the external relations unit also focused on advising and raising the capacity of the unit for the accreditation of political party agents and national and international observers to the polls. In total 21,870 people were accredited to oversee all elements of the electoral process, from voter registration to tallying of final results. Detailed procedures for the nomination of presidential and parliamentary candidates were developed in which the ERU staffs were closely involved. 12. Capacity building activities on the part of the Legal Advisor did not manifest itself in relation to increasing the skills of national counterparts, as in this case the legal Retainer was a highly qualified practitioner. However, in broader terms the presence of the Legal Advisor increased the overall capacity of the NEC in the utilisation and application of legal provisions. Further, as all legal and complaints based correspondence were handled by the legal team, the quality of output was increased. Finally during the tenure of the Legal Advisor the awareness of the NEC as the implementer of international electoral norms 16

26 largely increased, as was the perception of the NEC as a truly independent body most clearly seen in relation to court challenges and proceedings. 4.0 INFRASTRUCTURE/ASSETS DEVELOPMENT Infrastructure Development is the third step in the Electoral Reform Matrix of the Commission. The primary goal of this matrix was to get satisfactory corepermanent infrastructure in place in terms of accommodation and physical nonexpendable assets to run elections. It is the Commission s vision that, when the restructuring is completed, NEC will have adequate and secure provision, operational and storage accommodation and facilities at National and District levels in order to conduct major electoral operations at short notice. There will be a National Headquarter office, a National Operations Warehouse and 14 (fourteen) District Headquarter offices. Currently, the Commission still occupies its temporary rented Headquarters at 15 Industrial Estates Area, Wellington. The Commission demonstrated its determination to achieve this crucial matrix by ensuring that the Foundation Stone for a permanent headquarter was laid by His Excellency Alhaji Dr. Ahmad Tejan Kabbah (former President of the Republic of Sierra Leone) on Friday 11 th May, 2007.This sole act by the President symbolized the commencement of a series of construction activities, not only at Headquarter level but also at district level. In his speech, the President reiterated his respect for the Commission s independence and that he was never going to influence the Commission to favour any political party or candidate in the 2007 Presidential and Parliamentary elections. The National Head Quarter is currently being constructed at Tower Hill, on a site in which the former Electoral Commission Building was located since the Colonial Administration, commonly called Bode Ose, meaning a building constructed with Timber. 17

27 The Chief Electoral Commissioner in her speech at the ceremony expressed the commission s infrastructural vision by commenting that it is my ardent prayer that this activity today will be symbolic not just for the physical structure but also for the forthcoming elections which would be the foundation for permanent good governance and democratic culture in Sierra Leone A Task Force was set up for the construction of the National Headquarters at Tower Hill which comprised the following Ministries and Government Parastatal; Lands Housing and Country Planning, Gender and Social Welfare, Ministry of Local Government and Community Development, the Ministry of Finance and the Sierra Leone Road s Authority (SLRA). The project cost totaled Le 4.5 Billion (Four point Five Billion Leones only), of which 25% (twenty-five Percent) of the funding had been provided by the Government of Sierra Leone through the Ministry of Finance to kick-start the construction. The Japanese Government has made a substantial contribution toward the construction of a Pent House. However the Sierra Leone Government is mainly responsible for the funding of the construction of the National Headquarters at Tower Hill. The Headquarter building was designed by Four Consultants of Architectural and Engineering Services (AES), while the Civil and Structural Engineering is being done by International Consulting Services (ICS). The building will be composed of 2 (Two) sections-the Administrative Building and the Pent House. The building will from an outside view, turn out to be a Six Storey at the centre and Four storeys on either side. There will be enough car parking spaces. At the Foundation Laying Ceremony, the Architect concluded that the end product of the building will display flexibility, simplicity and dynamism. At the time of writing this Annual Report, the construction had gained momentum at which the Basement had been completed and the construction had reached Ground Floor level. 18

28 At District level, the Commission undertook a Needs Assessment Survey of the 14 electoral district offices and all district offices benefited from painting, fencing, roofing and general renovations. Kono and Bonthe districts benefited from rented buildings to replaced the dilapidated structures they had occupied. The Commission provided temporary storage facilities for electoral materials by providing at least three Forty-Feet Sea Containers for each district that proved very useful in the 2007 electoral process. All faulty Sea Containers were renovated prior to the 2007 elections. While the Commission is currently undertaking the construction of the National Headquarters at Tower Hill, it has plans to construct a National Operations Ware House and storage facilities in the fourteen electoral districts, with the necessary resource mobilization and the approval of the Government of Sierra Leone. The maintenance of the Commission s assets/infrastructure is a continuous process. The Commission had ensured the procurement and provision of basic office equipments like modern Computers, Laser Printers, Scanners, stationery, furniture and other accessories needed to facilitate the conduct of not only the just concluded 2007 elections, but also, future public elections and referenda in Sierra Leone. 5.0 ESTABLISHMENT OF INFORMATION TECHNOLOGY (IT) SYSTEM. In compliance with the NEC Electoral Reform Matrix, the IT Unit in collaboration with International experts has worked relentlessly and assiduously in updating and standardizing functions in the Unit. To a very large extent the Commission can boast of improvement in its information technology system. The Information Technology System was designed in collaboration with the United Nations IT Experts to handle the Electoral data entries, analysis and presentations for the Commission. This current system has the ability to handle 19

29 the Local Councils Elections if some appropriate modifications are effected on the systems. The Commission now has its own IT Staff, Servers and elections databases these include the Voters Register and Elections Results. All the 12 District Electoral Offices now have at least one computer, printer, scanner and photocopier. The Headquarter Offices also have broadband internet connections through Comium Sierra Leone Mobile Company. However, the District Offices are yet to be connected to the internet. 5.1 Summary of activities Finalized the specifications of the IT Equipment required for the HQ and the District Offices. Completed the Computer Local Area Network and Telephone Intercom Voice Network Setup of the Data Center Partitioning and Furnishing Installation of the Computers and Database Servers at the Data Center Recruitment and Training of the Data Center Staff 100 Operators Designed and printed the Voter Registration Forms Prepared the Voters Register Purchase of 4 OMR scanners and rental of 2 scanners from Liberia Designed the Electoral Database System Voter Registration Database System Developed the Coding system for the Voter Registration Centres (VRC) nationwide 20

30 Worked with the District Electoral officers to assign these codes to their centers. Processed the Voter Registration Forms collected from the districts. Printed the Provisional Voters Register (PVR) and distributed the PVR to the various Voter Registration Centres for Exhibition Received the Exhibition returns and Update of the Voter Registration Database. Designed and setup the Nomination Database for the Nomination of the Presidential and Parliamentary Candidates. Processed all the Nomination forms for both the Presidential and Parliamentary Elections. Designed the Ballots for both the Presidential and Parliamentary Elections for printing overseas. Monitored the Printing Process of the Ballot in the UK at the Printing Press. Designed and Setup the Elections Results Database for the processing of the Election results for both Presidential and Parliamentary Elections Set up the National Tally Center for the processing of the Elections. Set up the Media Center at the British Council for the dissemination of Information to the main stakeholders and general public. Developed the Tally Centre Procedures For the Presidential And Parliamentary Elections. Prepared the NEC Website for the Reporting of progressive Results Recruited and Trained Tally Centre Operators two shifts, 40 Staff, 20 in each shift. Received and processed all the results of the Presidential, Parliamentary and Paramount Chief Members of Parliament Elections. Produced the Final Results for the Presidential and Parliamentary Elections 21

31 Prepared for the Run-off Elections by Designing the Elections Results Database. Received and processed all the results from the Presidential Run-off Elections. Produced the Final Results for the Presidential Run-off Elections. 5.2 Designing and developing in-house printings A lot of in-house printing was done in the IT Unit. Below is the list of some of these printings: 1. BD Reports - Meets and Bounds and Dr. Lisa Handley s Report Annual report 3. Basic Electoral Administration Course (BEAC) Certificates for certification nationwide 4. Staff ID Cards for additional core Staff- over 200 cards 5. Designed and printed the Elections Observers Accreditation cards 6. Designed and printed Sample Ballot Papers for both Presidential and Parliamentary elections for the use in the voter education by the Outreach Unit. 7. Designed and printed the Polling Centre Access Cards 8. Designed and printed ID cards for the Polling staff in the Western Area about 11,000 cards for all the categories of polling staff. 9. Designed a Staff Database System and Payroll System for the Finance Unit 10. Developed an inventory system for all UNDP Funded and NEC procured IT Equipment. 5.3 The Paramount Chief Member of Parliament (PCMP) elections The IT Unit received the hard copies of the list of Councilors from the Ministry of Local Government 22

32 Created a Database System, captured and processed the lists and produced the Voter Register for the PCMP elections. Received and Processed the Nomination forms for the PCMP elections. Designed the Ballot Papers for the PCMP Elections for local printing Received and Tallied the results from the District in which the election took place. Produced the Final results for Tonkolili District 5.4 Installations and maintenance Distribution and Installation of computers and accessories in all the 14 District offices Installation of Public Address (PA) System on all the 14 NEC District Vehicles Routine maintenance and repairs of 18 NEC computers and accessories Repair to 4 Optical Mark Reader (OMR) scanners and replacements of some faulty parts 5.5 Staff capacity development IT Staff got training in various IT procedures and processes on the design, management and maintenance of the Electoral Database system and Equipment that were established as and when required. 5.6 International travels The IT Unit had 3 international travels within the reporting period: Monrovia Liberia, Chief of IT, to borrow 2 scanners Milton Keynes UK, Chief of IT, to monitor the printing of the Voter Registration Forms UK - IT & Maintenance Officer To monitor the printing and packing of the Ballots for the Presidential and Parliamentary Elections A lot of experiences were gained from these trips. 5.7 Outcome and lessons learnt 23

33 The IT system used in the just concluded elections is very robust yet very userfriendly and simple to administer. Issuing of copies of the Station Results sheets to the Political Party Agents and Stakeholders was very helpful to the political party observers and also acted as a check mechanism on the results from the Tally Centre. The system is the most transparent ever in the history of Sierra Leone and Africa 5.8 Challenges and Constraints The greatest challenge was that of working under tight schedules and meeting deadlines. 5.9 Recommendations It is recommended that every effort be made to maintain and uphold the current system at the NEC IT Unit. The IT Staff remunerations need to be reviewed to reflect international standard so that the Unit does not loose its staff to other organizations, which can offer more for the same levels of operations and less work load. As new technologies are constantly emerging, there is need for a Continuous Learning Programme (CLP) to be put in place for the IT staff to stay abreast with the rest of the world 6.0 LAWS AND REGULATIONS 6.1 Introduction The NEC received legal guidance from a legal team of two, which comprised of the Legal Retainer, Reginald Sydney Fynn Jnr. and the Legal Adviser, Victoria Stewart-Jolley. 24

34 Mr Fynn is a member of the Sierra Leone Bar and maintains a private practice in addition to providing legal representation, guidance and advice to the NEC. Ms. Stewart-Jolley, a UNIOSIL Legal Expert was appointed on arrival in Sierra Leone in March She provided full time legal advice with specific emphasis on the legal framework and practices, achieving internationally acceptable standards. The legal team maintained a positive and harmonious relationship, and functioned on the basis of close cooperation and inclusion throughout the electoral process. The mandate of the legal team was to oversee the sensitization of electoral laws into the operation of the NEC, effecting the development of procedures and operational provisions; provide input into proposed reform of the Electoral Laws Act and Constitution; assist in the design of the framework for the Electoral Court structure and to address any legal question or issue which may arise at the NEC. The assistance provided can be split into three distinct phases, the pre-polling period from arrival to the 11 August polling day, the interim period after 11 August and before the run-off election on 8 September, and the post run-off period from polling day to the announcement of the final presidential results on 17 September Sensitization of Electoral Laws into the Operation of the NEC The provision of legal advice to the NEC during this period addressed a broad range of issues. Advice was sought and provided on almost every element of the procedures and guidelines for the election, including but not limited to the following issues: The creation of legal maps charting all of the relevant legal provisions in relation to the conduct of Parliamentary and Presidential elections as a whole, legal provisions for voter qualification and registration, the candidate nominations process for both the Parliamentary and Presidential elections, the political party agent registration process, provisions for District Electoral Officers 25

35 and polling staff, legal provisions for tallying and counting, legal provisions for the Paramount Chief elections, the legal position of the death of a candidate, and the protocols of the announcement of results. In total over 70 guidance notes were prepared and presented to the NEC. In addition to the above routine matters, a number of additional issues arose which required further discussion. 6.3 Postponement of the original Polling date The date for the Parliamentary/Presidential election was set for 28 July On 30 March, during a routine press briefing at the NEC a question was raised in relation to the timing of the first rounds of the elections in light of a provision in Section 87 of the Constitution which states that the Parliamentary candidate nomination process must take place during a 14 day period, after the dissolution of Parliament. This provision had been previously over looked, and arrangements had been made for the nomination of Parliamentary candidates prior to the dissolution of Parliament. The timing between the dissolution of Parliament and polling day was too tight to accommodate the Section 87 provision. On the basis of legal advice provided, the NEC requested that Parliament dissolves early in order to allow for the stated polling day to stand. This request was declined and polling day was re-scheduled by the Commission to 11 August. 6.4 Code of Ethics Code of Election Campaign Ethics for Presidential and Parliamentary Elections was drafted by the legal team and adopted by the NEC as per the provisions in Section 119 of the Electoral Laws Act 2007 through the publication of a Government Notice. 26

36 6.5 Electoral Court Structure As part of the development of the electoral legal framework in Sierra Leone, it was proposed that Electoral Courts would be established in order to deal with electoral offences and legal challenges to the validity of the results for the Parliamentary elections. While the Electoral Provisions Act 1962 had included reference to the creation of an Electoral Petitions Court and had listed electoral offences, the Courts which would address these matters had never been constituted. The Government of Sierra Leone decided that they should be brought into being for the 2007 elections. A proposal was presented which allowed for the formation of two courts under the auspices of the High Court. The Electoral Offences Court is provided for in the Electoral Laws Act and for the first time the Chief Justice assigned judges to this court. The Chief Justice further indicated that whilst the Electoral Offences Court would address criminal acts as defined in the Electoral Laws Act 2002, the High Court (civil jurisdiction) would address civil challenges to the outcome of the elections. However the same delegated judge would hear cases relating to both civil and criminal offences,(civil and Electoral Offences Courts respectively). The Courts would sit for a total of six months. The main issue which had to be addressed prior to the creation of the Courts was the reform of the Election Petition Rules of Procedure. This was undertaken by the Rules of Court Committee. The draft Petition Rules were presented for comments at a workshop held on 29 March The NEC legal team provided comments on the draft, which were presented to the Committee and ultimately adopted. It was noted that while the 1962 version of the Electoral Laws Act included reference to Electoral Petitions and linked the grounds for petitions to the electoral offences listed therein, the Electoral Laws Act 2002 contained no such guidance. It was proposed that the Electoral Laws Act 2002 be reformed to 27

37 include such a reference. The newly formed Election Petitions Rules were subsequently presented to Parliament and passed into law on 17 May The Courts sat for the first time on 16 July A number of cases have been handled to date including five petitions. A full survey of the Electoral Courts is planned for late October. 6.6 Reform of the Electoral Laws Act A comprehensive list of reforms of the Electoral Laws Act 2002 was presented to the NEC by UNDP Consultant Mr. Jessie Pilgrim and the Legal Retainer in March The proposal listed the repeal, or rewording of several provisions in the Electoral Law. The Commission divided the recommendations into short, medium and long terms. Work commenced on enacting the short term legal reforms. The legal reforms were still outstanding in 2007, with seemingly no possibility of any progress in the period prior to polling day and a compromise was reached with the sponsoring ministry, the Ministry of Local Government that NEC would withdraw all but two of the short term legal reforms which were considered extremely urgent. There were two main issues which needed to be addressed as a matter of urgency: the passing of an amendment to the Electoral Laws Act 2002, which would provide a civil remedy by way of petitions in respect of the electoral offences created by the Act, and the amendment of Section 66. The original wording of Section 66 forbade the inclusion of serial numbers on the face of ballot papers. This section was amended in 2002 to allow the printing of numbers on ballot papers. This would mean that each paper could be traced to individual voters, infringing on the secrecy of the poll. With the cooperation of the Minister for Local Government, a draft Cabinet Memorandum was presented to Parliament on 1 st June 2007, outlining the proposed wording. The amendments were passed into law on 14 June

38 through the publication in the Government Gazette of The Electoral Laws (Amendment) Act, Reform of the Constitution The national programme for Constitutional reform was led by the Constitution Review Commission, (CRC) Chaired by Dr. Peter Tucker. The Commission held a one day consultative meeting on Monday 30 April The NEC legal team was invited to attend and comment on the proposed reforms relating to electoral matters. A brief report was submitted to that end. Following the consultative meeting, the CRC decided to suspend the reform process until after the coming elections. 6.8 Legal Questions and/or issues which arose at the NEC The legal questions which arose largely addressed questions, which were presented by Political Parties. They involved a range of procedural and or legal issues, which were of concern to parties, who presented challenges as to the legality of actions or requested clarification of procedures. In addition, two legal challenges were presented by Political Parties through the Sierra Leone Courts. The first was raised by PMDC against the PPRC and the NEC in the High Court. The second, raised in the Supreme Court related to an objection to the candidacy of Solomon Berewa for the office of President 6.9 PMDC and Others vs. PPRC and NEC On Wednesday 27 June 2007 the NEC legal team was informed that the Commission was being sued in the High Court along with PPRC by PMDC and others in relation to the distribution of two financial disclosure forms (CF04 & CF05) issued by the PPRC. PMDC with broad political spectrum support objected to the issuance of the forms, that it was beyond the power of the PPRC 29

39 to order such disclosure and that NEC had acted illegally in the distribution of the forms. The NEC did not accept the allegation of illegality and issued a letter which formed the basis of a Court submission stating that the forms had not been distributed and if they had it was within NEC powers to do so. Further, that as the forms were not mandatory and that no claim as to such status had been made that the NEC was not in breach of any law in allowing their distribution. The hearing took place on Friday 29 June The Judge accepted the submission by the Attorney General (who appeared for NEC and the PPRC) that no illegality had taken place and that the PPRC had agreed to withdraw the forms, the controversy was no longer an issue and the case was closed Margai vs. Berewa and NEC and Conteh vs. Berewa and NEC The second Court challenge to NEC was presented in the Supreme Court. On 23 July NEC was informed that both PMDC and APC were challenging Mr. Solomon Berewa s Presidential Candidacy in the Supreme Court on the basis that he was not eligible to stand for election whilst he remained Vice President. NEC was cited as a co-defendant. The case was potentially difficult for NEC as the Commission could be seen as standing on the same side with a candidate in an election and in opposition to other candidates in the same election in a matter which raised issues which were clearly political in nature. As no allegations were made in relation to any act on the part of NEC, the Commission sought to be severed from the controversy. The Attorney General would not apply to have NEC severed, holding that NEC was as of necessity a party. In the hearing which took place on 27 July, the Supreme Court, before receiving submissions on the merits of the case, of its own volition ruled that the NEC having formally forwarded to the Court evidence of its role, was free of any further obligations to appear or make legal submissions. 30

40 6.11 Interim Period, 11 August 8 September The main issue to be dealt with during this period was the resolution of complaints concerning the 11 August polls, which were submitted to the NEC. In total 73 complaints were presented in the period prior to the final announcement of results. It was agreed that each complaint should be answered before the final results were certified. In cooperation with the Field Coordination Unit, the substance of each complaint was investigated. Through the course of the investigations, three polling centers and one polling station were excluded from the final tally due to anomalies identified. The legal team drafted responses to each of the complaints, which were sent to complainants by the NEC. A report outlining each complaint and the action taken was submitted to the NEC. An additional report identifying those NEC staff against, whom serious complaints were made was also compiled and submitted so that the Commission could take appropriate action Post Run-Off Period, 8 September 17 September. During the period immediately following the 8 September poll until the announcement of the final results, two issues were marked by the legal team: the submission of complaints to the NEC and the filing in for an injunction at the High Court by the SLPP Complaints Complaints submitted to the NEC were handled in exactly the same manner as outlined above. While only ten complaints were actually submitted, each complaint contained numerous allegations of misconduct. As a result, on investigations undertaken including recounts, 447 polling stations were excluded from the final tallying of results. 31

41 Written responses to each submitted complaint was prepared by the legal team and sent out by the NEC prior to the final announcement of results SLPP vs. NEC On 14 September the NEC was informed that the SLPP intended to file an injunction against the NEC. Later that day SLPP lawyers attempted to file an injunction but were unable to do so due to incomplete documentation. On 15 September the legal team met and wrote a motion in defense, should it be needed. On 16 September it became clear that the controversy had arisen due to an anomaly with the figures released by the tally centre on 13 September, where the NEC Chair had announced 75.4% of the results but the data centre inputted 76.1% of the tally on to the website. A letter was duly sent by the Chair of the NEC to the SLPP headquarters explaining the anomaly as outlined in a press statement which had addressed the issue. On 17 September, the legal team attended the High Court at 9:00 am. The SLPP had originally filed an inter partes application for an injunction, meaning that the parties mentioned in the application would be served with the motion papers and would be in Court. However the SLPP had not served the NEC and attempted to move the Court as if the motion was ex parte meaning one party could be heard without any other interested parties being present. The NEC legal team raised the issue that NEC was not served with the motion and the Legal Retainer appeared as Counsel. APC lawyers who were also present applied that APC be joined to the action as an interested party. The Presiding Judge Sey J. held the view that NEC and Dr C.A.M. Thorpe ought to have been served with the motion and that APC, Solomon Berewa and Ernest Bai Koroma should be made parties to the action and served (i.e. deliver notice to each of the groups named). The Judge ruled accordingly and further ordered that the matter be adjourned to 12:00noon when all the parties should appear before the Court. 32

42 The legal team then went to the NEC media centre at the British Council to hear the final announcement of the results. At the conclusion of the announcement the legal team returned to the High Court. The hearing took place at 12:00noon. On resumption the SLPP applied for an adjournment. The NEC in response applied that the matter be struck off for non compliance with the orders earlier made and because the matter had been overtaken by circumstances (i.e. election results had been read). The Court found that SLPP had not complied with the order to serve notice and ruled that a ruling on the NEC application would be reserved until the 9.00am sitting order was complied with and that the Court will send out notices to this affect Public Notice Announcing Results The public notices for the announcement of the results and the formal certificate given to the winning candidate were prepared. 7.0 PARLIAMENTARY APPROVAL OF CONSTITUENCY BOUNDARIES The Sierra Leone Constitution of 1991 assigns the task of dividing the country into constituencies for the purpose of electing Ordinary Members of Parliament (OMPs) to the National Electoral Commission (NEC). The NEC officially launched a boundary delimitation exercise (first one since the mid 1980s) in March The process was concluded well in advance of the 2007 Parliamentary elections in order to facilitate the allocation of voters to constituencies. Section 38(1) of the 1991 Constitution dictates a single member First Past the Post (FPTP) system for Parliamentary elections. NEC requested and obtained from Parliament in January 2006, the prescribed number of seats (Constituencies) for the Ordinary Members of Parliament. The prescribed 112 Parliamentary seats were allocated to the 14 electoral districts based on their populations, using the highest remainder method. Allocation of 33

43 seats was preceded by the determination of the population quota of 44,436, as determined by Section 38(6) of the Constitution of Sierra Leone. The Commission contracted a Consultant Dr. Lissa Handley from the UNDP to provide assistance in delimiting Constituency boundaries. The following steps formed the basis for the delimitation process: Preliminary public consultations referred to as consultative process Second set of public consultations referred to as preliminary boundary delimitation exercise Developed an electronic data base linking 2004 census data with digitized maps of the entire country by Statistics Sierra Leone. Drawing phase of the boundaries and completion of delimitations A Meets and Bounds description of each constituency boundary (a listing of the street, or other prominent features defining the boundaries of each constituency) was developed Final report Submission of the Final report in a form of a bill which described the constituency boundaries to Parliament. Approval by parliament. First pre-legislation was held on November 17 th 2006 and the second, on the 22 nd November, The debate was conducted on Tuesday 28 th November, The Constituency Boundary Delimitation report was finally passed into law by the Parliament on the 1 st December 2006, which set the pace for the entire preparations for the 2007 Presidential and Parliamentary elections. 8.0 VOTER REGISTRATION EXERCISE After the delimitation of Constituency boundaries country-wide, 2,740 Voter Registration centers were initially identified and later consolidated in December January These included the 132 centers referred to as additional 34

44 locations or Satellite centers approved by the Commission as a result of the hue and cry over the long distances between voter registration centers. These centers were finally amalgamated to 2,702 when Mega-Centers were created in the Western Area and some centers in the interior where there were very few registered voters cancelled. (See final Voters Registration figures on the next page) 8.1 RECRUITMENT Registration Center Monitors (RCMs) were recruited in the fourteen electoral districts by the respective DEOs and ADEOs based on set criteria by the Commission. RCMs in turn recruited the registration staff within their assigned constituencies. 35

45 National Electoral Commission 2007 Final Voter Registration Statistics Summary of Registration Statistics by Districts District Census 2004 *Estimated Voters Kailahun 358,190 Registered Voters Turn out 90% 205, ,821 Kenema 497,948 91% 296, ,026 Kono 335,401 90% 200, ,341 Bombali 408,390 89% 229, ,426 Kambia 270,462 93% 144, ,757 Koinadugu 265,758 81% 146, ,423 Port Loko 453,746 86% 251, ,698 Tonkolili 347,197 88% 191, ,504 Bo 463,668 91% 265, ,287 Bonthe 139,687 91% 80,226 72,678 Moyamba 260,910 82% 147, ,461 Pujehun 228,392 78% 126,521 98,475 Western 174, % Rural 100, ,368 Western 772, % Urban 485, ,300 National Total 4,976,871 2,873,121 2,619,565 91% *Census figures according to Statistics Sierra Leone 36

46 8.2 TRAINING Cascaded training was organized at NEC HQ, where District Training Officers and UN Training Advisors were trained. They in turn, trained the RCMs at district level, while the RCMs trained the registration staff at constituency level. 8.3 VOTER REGISTRATION, EXHIBITION AND INQUIRY Registration of Voters took place between 26 th February and 18 th March 2007and the Exhibition and Enquiry, the 21 st and 25 th May and 28 th and 29 th May 2007 respectively, to allow for the production of the Final Voters Roll. The final figures at district level are indicated below: The eligible voters registered were 2,619,565. The NEC hired 10,960 Voter Registration Staff throughout the country for this exercise. The registration teams were static -there were no mobile registration teams. Eligible voters of age 18 and above came to registration centers to register. Each registration team was required to register a maximum of 2,000 eligible voters but it was expected that on average a team will register about 1,500 voters. These voter registration centers were transformed into Polling Centres. 9.0 CIVIC/ VOTER EDUCATION (Collaboration with Civil Society) Introduction: The Outreach and Public Relations Unit of the Commission is responsible for all matters relating to voter education, public information and Press and Media related issues. The Unit started with just three members of staff but expanded to almost twenty staff members during the period of the 2007 elections timetable. During the period under review, the Unit undertook a wide range of activities geared towards raising the profile of the Commission, enhancing its credibility 37

47 and providing the public with much needed information for better understanding and participation in the electoral process so as to combat possible voter apathy. 9.1 Recruitment and Capacity Building Due to financial constraints, Voter Education Officers for the district were recruited in January, which was later than was actually planned. In addition to this, the final versions of the training kits were not available to train them. However, training was conducted, using draft materials. Most of the District staff took up their posts by mid-january During the period under review, the Unit continued to have periodic reviews of its activities and update plans. After the initial Training mentioned above, debriefing and planning sessions were held at the end of the registration phase, before and after the exhibition phase and before and after the polling phase. These sessions were organized to discuss the successes and challenges of each phase of the process and to see how plans could be modified and improved upon in order to increase the effectiveness of the unit. 9.2 The Disability and Gender Mainstreaming Desk The Commission set up the above desk with funding from the Commonwealth. However, because of the delays with funding, the desk was set up late into the process and some of the activities could not be undertaken. The desk officer was however able to make a useful assessment of the situation and recommendations for future action. In addition, members of the Unit also benefited from the OXFAM gender awareness raising project. All members of the Unit participated in a one day training session on Gender Mainstreaming in electoral activities. The aim of this training was to sensitize the Voter Education Officers on gender issues and to encourage gender mainstreaming in voter education messages and activities. IFES also provided some basic training on Conflict Mitigation. 38

48 9.3 Activities Publications Manuals and Pamphlets In line with the Unit s plans, two manuals were produced that formed the basis of the voter education drive. One manual was produced for the voter registration exercise and another for the polling and counting phase. These manuals were used by NEC staff and distributed to Civil Society groups and other groups and individuals who expressed interest in undertaking voter education. The Unit also produced and circulated a series of user-friendly documents. These include Frequently Asked Questions (FAQ s), giving key information on major topics such as what are elections about? who is involved in elections, voter registration, polling procedures and run-off elections? Posters and Billboards The Unit produced posters for the major stages in the process namely: registration, exhibition, polling, counting and the Run-off. Posters in each of these series targeted specific groups such as women, the physically challenged and youths, providing key messages that would invoke their interest and enhance their participation in the process. Messages revolved around such themes like the importance of registration, non-violence, the importance of women s participation and how to mark the ballot Audio-Visual Messages: Considering the country s level of illiteracy, the Commission decided to direct a substantial amount of resources towards audio/visual messages in order to ensure that information actually reached the voting population. Various methods 39

49 were used, and a lot of effort was put into face-to-face activities and radio programs Radio Jingles The Commission produced and aired a series of radio jingles covering the various stages of the process and targeting different groups. For example, specific messages were developed to encourage the participation of women in the process, to discourage youths from participating in election related violence and to encourage the participation of the physically challenged Discussion, Magazine Style and Phone-In Programmes In collaboration with Talking Drum Studio and the Independent Radio Network (IRN), the Outreach Unit with assistance from the Training and External Relations Units, was able to produce a series of pre-packaged programmes touching on key electoral issues and giving information to the public about how and why they should participate. District Voter Education Officers were also engaged by radio stations in their districts. Regular programmes were also done on UN radio, which provided coverage for most of the activities of the Commission and gave generous airtime to electoral information Video and Theatre messages: The Unit also produced a video clip entitled Cam le wi go vote, which was aired on the Sierra Leone Broadcasting Service (SLBS) and in video centers all over the country. In addition to this mobile theatre, the Unit also toured both rural and urban communities, providing entertainment, whilst giving important information. Funding was also provided by UNICEF in a bid to advocate for children to know about elections. Jingles and discussion programmes were done on these themes: encouraging children to articulate their expectations about the process 40

50 and encouraged their parents especially their mothers to participate in the process Gender and Disability The Gender and Disability Desk Officer was able to put together voter education sessions for women with disability and hearing impairment in the four Regions - Western Area, South, East and North. The Forum was appreciated by the participants as they considered it a step forward in incorporating them into the democratic process Other Activities Educating the public about elections was not easy, especially looking at the level of apathy and illiteracy and the fact that the bulk of the voting population was largely young and first-time voters. The Unit therefore had to devise creative methods of attracting and maintaining the attention of the populace. A wide range of activities had to be organized to suit the varying target groups. These included the use of town criers, holding street rallies and face-to-face meetings in market places, saloons, parks and during football matches and other sporting and social gathering. All of these efforts proved very useful as they served to arouse interest and increase awareness about matters relating to elections Press and Media Relations Press Briefings The Unit coordinated the Commission s monthly briefing for the electronic and print media. In addition, the Commission also gave briefings on specific matters and issued Statements and Press Releases as and when the need arose. 41

51 9.4 Media Centre A Media Centre was established at the British Council, Tower Hill from 4 th August to17 th September. The Centre was well equipped with internet facilities and provided a point of interaction for the Commission and the press during the peak period of electoral activities right up to the declaration of the final certified results. 9.5 The Website The NEC website was established during the registration period but became very useful after elections as results were regularly posted and interested persons especially Sierra Leoneans living in the Diaspora were able to get accurate and up to date information from it. 9.6 Collaborating Partners The Unit enjoyed full co-operation from the Talking Drum Studio and the twenty (20) FM stations countrywide that made up the Independent Radio Network (IRN). Another Key partner was IFES, which provided funding and technical support for the Unit s regular debriefings and planning meetings. Other major Partners were the National Democratic Institute (NDI), the Forum for African Women Educationalists (FAWE), Democracy Sierra Leone (DSL), and Disability Action Group (DAG). Training of Trainers sessions and sensitization meetings with these and other groups were conducted all over the country. Other groups such as the Mano River Women s Peace Network, (MARWOPNET), the 50/50 Group, the National Accountability Group (NAG), and the Centre for the Coordination of Youth Activities (CCYA) also collaborated with and assisted the work of the Unit greatly by providing specific information to their own target beneficiaries, which included political party activists, traditional rulers, women, and youths. 42

52 Monthly meetings were held with civil society stakeholders and NGOs working on civic and voter education. These meetings served as a forum that provided regular updates on current electoral activities for exchange of ideas and distribution of voter education material from NEC, which were then used by these groups to undertake their activities. It must be pointed out that most of these groups secured funding for their activities independently of the Commission. However, they used information received directly from NEC, which were then incorporated into their various operational plans and disseminated to their communities. These partners must be commended for their efforts as they were able to cover wide areas that the Unit would otherwise have been unable to cover. 9.7 Monitoring and Evaluation Random monitoring visits were undertaken by the Voter Education Staff at Headquarters to all districts. The success and effectiveness of such visits was hampered by lack of transportation in the Unit. This meant that staff had to use unreliable and unsafe methods to travel. In most districts, even the district vehicle could not be made available to them during the time spent in the districts. This lack of transportation also affected the delivery of materials and the movement of the district Voter Education Officers themselves. However, as has been pointed out earlier, debriefing sessions were sponsored by IFES and these offered a valuable opportunity for staff to meet and provide updates and exchange ideas. On the whole, officers reported that they were able to accomplish most activities but one of the main and recurrent complaints by the Unit staff was the difficulty in movement and lack of transportation. 9.8 Observations and Recommendations 1. A lot of civic and voter education activities need to be undertaken in between elections if the burden of the Unit is to be lessened in the period leading up to elections. 43

53 2. The Unit staff should be provided with adequate transportation facilities if they are to be able to reach out to all areas CONDUCT OF PRESIDENTIAL AND PARLIAMENTARY ELECTIONS Parliamentary nominations in the fourteen electoral districts took place from the 2 nd to 6 th July, Presidential candidates had their nominations from the 3 rd to the 7 th July 2007 at the NEC Headquarters, Wellington, Freetown. Nominations for Paramount Chief Members of Parliament were held between the 20 th and 23 rd July, It was only in the Tonkolili district in the Northern region where more than one candidate emerged. In the other eleven districts, the lone candidates forwarded went unopposed and thus declared duly elected to parliament. The provisional list of Parliamentary Candidates was posted at the various District Electoral offices and that of the Presidential Candidates at the NEC Headquarters for possible objections. Decisions on the objection cases were finalized at close of day on 7 th July 2007 by the District Electoral Officer who doubled as the District Returning Officer. Voting took place on August 11 th 2007 from 6:00 AM to 5:00 PM at polling centers (voting where you registered), in a one-day operation. Each center had one or more polling stations, according to the number of voters registered. Based on the estimated voter population and accessibility criteria, 6,171 polling stations were established in the 2,702 polling centers and 32,243 polling staffs were hired. Counting took place in the polling stations immediately following the close of the polls. The results were then counted, collated and preliminary results published at the polling station with copies sent to the District in the District Tamper Evident Envelops (TEEs) and the other, in the National Tally Center TEEs. These results 44

54 were sent to the NEC National Tally Center (NTC) at the NEC Headquarters where the final results were collated and then announced at the NEC Media Center established at the British Council. Seven Political Parties contested the August 8 th 2007 Presidential and Parliamentary Polls with 566 Parliamentary Candidates, including 12 Independent Candidates. They were: Name of Party Leader Running Mate APC Ernest Bai Koroma Samuel Sam-Sumana CPP Andrew Turay Lansana K. Conteh NDA Alhaji Amadu I, Jalloh Margeret.B. Sedikie PLP Kandeh B. Conteh Abu.B.S.S.Tarawalie PMDC Charles F. Margai Alhaji I.I.Tejan-Jalloh SLPP Solomon E. Berewa Alhaji Momodu Koroma UNPP Abdul K. Karim Mohamed Sei However, the results of the presidential elections showed that there was no candidate who polled 55% of the valid votes cast to be declared an outright winner as demanded by the 1991 Constitution and the Electoral Laws Act of Therefore, on the 25 th August 2007, when the National Returning Officer read out the final results, she declared a run-off election to be held on the 8 th September 2007 between Ernest Bai Koroma of the APC who polled the highest number of valid votes cast and Solomon E. Berewa who came second. Final results for Presidential and Parliamentary Elections are indicated next page PRESIDENTIAL RUN-OFF ELECTION In accordance with the 1991 Constitution, a run-off election, if required, will be held within fourteen days from the announcement of the result of the previous election. The result in this case means the final national result; therefore, the run-off election was scheduled and held on the 8 th September

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