R E P U B L I C O F L I B E R I A

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1 DRAFT R E P U B L I C O F L I B E R I A Governance Commission Annual Governance Report THE LIBERIAN ELECTORAL SYSTEM FEBRUARY 2017 I

2 Table of Contents PAGE FOREWORD i PREFACE ii ACKNOWLEDGEMENT......iii ACRONYMS......iv EXECUTIVE SUMMARY....vii INTRODUCTION AND BACKGROUND... 1 METHODOLOGY THE ELECTORAL ENVIRONMENT...15 THE LIBERIAN ELECTORAL REGIME ELECTORAL MANAGEMENT THE CONDUCT OF THE POST-CIVIL WAR ELECTIONS: CHALLENGES AND PROSPECTS ELECTORAL DISPUTE RESOLUTION MECHANISMS.. 76 TOWARD THE 2017 LIBERIAN ELECTION: SUMMARY AND RECOMMENDATIONS APPENDIXES REFERENCES II

3 Foreword Over the last two years since the ending of the Ebola Virus pandemic, two developments have been on the minds of Liberians and have resonated in their conversations, namely, UNMIL s withdrawal and the 2017 Presidential and Legislative Elections. Despite some uncertainties at first, Liberians are faring well as state security forces have taken over security responsibilities around the country, people are going about their daily activities in a peaceful environment. Apprehensions about the departure of UNMIL were related in part to the upcoming 2017 elections. Though the third since 2005 when Liberia returned to constitutional rule, the 2017 Presidential and Legislative Elections are landmark, as Liberians are reminded that not since 1944 has there been the transfer of executive powers from one democratically elected president to another. Therefore, it is understandable that excitement and concerns fill the air. In this report, the Governance Commission has sought to study the electoral system with a view to contributing to delivering peaceful and credible elections. The report examines the electoral rules and procedures, management structures of elections and the preparation for several phases of the process. It also recalls past electoral challenges from which lessons should be learned. But the report seeks to go beyond a focus on the mechanics of elections indispensable as these are to holding credible and peaceful elections, and to also contribute to understanding elections role in promoting citizenship, reconciliation and a development agenda as are explicitly stated in the Liberian Constitution and Elections Law. These instruments and the processes they drive require, for example, political parties to be broadly national in membership; prohibit them from espousing ideologies and agendas that are sectarian or promotive of violence, or division of any kind; and, for elections to be about making choices that should strengthen a sense of common citizenship, pursuing a common vision, strengthening reconciliation and deepening democracy. Thus, the 2017 Presidential and Legislative Elections must build on the gains of over a decade of peace and democracy. Liberians must make this happen. Amos C. Sawyer CHAIRMAN I

4 Preface Liberia s system of democratic governance has reached an important milestone. It can be argued that the 2005 elections opened the door to establishing democratic rule based on the Liberian constitution. This was the first time since 1980 that the Liberian constitution had truly been in force. The 2011 elections swept out the majority of the members of the House of Representatives and a majority of those seeking reelection in the Senate. It also saw a competitive electoral fight for the presidency. All of these affirm that democracy is gaining grounds in Liberia. As its first Annual Governance Report published since 2013, the Governance Commission has chosen to assess the preparation for the 2017 elections in view of the importance of these elections for the continuation of peace and development. There have been many challenges in preparing this report as there are in assessing any constantly changing situation. The Elections Commission, Supreme Court and political parties which are the main institutions in the electoral process have all been reassessing their situations since the 2014 Special Senatorial Elections, thus assessing these institutions has been like studying a moving target. The GC entertains the hope that not only will these institutions perform their elections-related duties well but that all Liberians will ensure that the 2017 elections are peaceful and credible. E. Othello Gongar COMMISSIONER Monitoring and Evaluation, Research, and Publication Mandate Area II

5 Acknowledgement This Report has benefited from the contributions of several individuals and institutions. The Chairman, Board of Commissioners and staff of the National Elections Commission have been very generous with their time and responses to the numerous and repeated questions and requests for reports and other documents. We thank them for their cooperation. The Governance Commission was deeply honored to have been granted an opportunity for discussions with the Chief Justice and Associate Justices of the Supreme Court; to them we extend our gratitude and appreciation. A number of political parties were also ready for and participated in GC-sponsored roundtables and seminars as well as in informal discussions on various aspects of the electoral system. Several chairmen of political parties were always willing to answer our calls. We thank them. We also acknowledge the participation of several eminent lawyers in roundtable discussions sponsored by the GC or attended by the GC. The insights and proposals of these experts have contributed to this report. A few of them are mentioned by name or cited in this report, especially with respect to the discussion on election dispute resolution. The rallying of human resources within the GC to get this report completed cannot be overlooked as all mandate areas and support units must be thanked. The leadership of the Executive Director Stephen S. Manley is noted with deep appreciation. The Chairman, Professor Amos C. Sawyer, Vice Chairperson, Mrs. Elizabeth Sele-Mulbah, Dr. Yarsuo Weh- Dorliae, Dr. E. Othello Gongar and Counsellor Ruth Jappah (who was reassigned to the Liberia Law Reform Commission before this report was completed) and Ambassador Wesley M. Johnson who replaced her on the Commission provided guardians, encouragement and exerted performance. Their leadership makes the GC work. Special thanks, however, go to Commissioner E. Othello Gongar under whose leadership of the Monitoring and Evaluation, Research and Publication mandate area of the GC, and Professor George Klay Kieh, Jr. our consultant whose substantive contribution framing the report and providing its first draft have been invaluable. The indefatigable team led by Matthew B. Kollie, Jr. Program Manager and team consisting of Policy Analysts McNeil M. Wilson, Francis Wilson, Janice Pratt, and statistician Lewis Mawolo deserve our commendation for their hard work and commitment. Our thanks to Ms Esther V. Metzger, and others who formatted and reproduced this report for circulation. III

6 ACRONYMS AFT - Agenda for Transformation AFL - Armed Forces of Liberia ADP - Alliance for Peace and Democracy ANEL - Amended New Elections Law APP - Alliance of Political Parties AU - African Union BA - Bachelor of Arts CA - Constituency Assembly CAA - Constitutional Advisory Assembly CDC - Congress for Democratic Change NACONCOM- National Constitutional Commission COTOL - Coalition for the Transformation of Liberia CSOs - Civil Society Organizations CVE - Civic Voters Education DEA - Drug Enforcement Agency ECOMIL - Economic Community of West African States Mission in Liberia ECOWAS - Economic Community of West African States EMB - Elections Management Board FDPL - Free Democratic Party of Liberia FIU - Financial Intelligence Unit GC - Governance Commission GDPL - Grassroot Democratic Party of Liberia ICT - Information- Communication Technology IDP - Internally Displaced Persons IFES - International Foundation for Electoral Systems IPCC - Inter-Party Consultative Committee LACC - Liberia Anti-Corruption Commission LAP - Liberian Action Party LMC - Liberia Mining Company LISGIS - Liberia Institute of Statistics and Geo-Information Services LTP - Liberia Transformation Party IV

7 LNTG - Liberian National Transitional Government LNP - Liberia National Police LNFS - Liberia National Fire Service LP - Liberty Party LPP - Liberian People s Party LRP - Liberia Reconstruction Party LTP - Liberia Transformation Party LUP - Liberian Unification Party MA - Master of Arts MoFDP - Ministry of Finance and Development Planning MOJA - Movement for Justice in Africa MOU - Memorandum of Understanding MTR - Medium Term Review M&E - Monitoring and Evaluation NDPL - National Democratic Party of Liberia NDC - National Democratic Coalition NEC - National Elections Commission NEL - New Elections Law NPFL - National Patriotic Front of Liberia NPP - National Patriotic Party NSA - National Security Agency NUDP - National Union for Democratic Progress PAL - Progressive Alliance of Liberia PPCC - Public Procurement and Concession Commission PRC - People s Redemption Council RoC - Record of Counts SKD - Samuel Kanyon Doe SMD - Single Member Electoral District TWP - True Whig Party (TWP) UDL - Union of Liberian Democrats UP - Unity Party V

8 UPP - United People s Party UN - United Nations UNDP - United Nations Development Program UNMIL - United Nations Mission in Liberia USAID - United States Agency for International Development VCP - Victory for Change Party VI

9 EXECUTIVE SUMMARY Elections are at the core of democratic governance and democratic governance drives as well as benefits from Liberia s development agenda. The 2017 Presidential and Legislative Elections are an integral part of Liberia s Triple Transition. The other two are the transfer of security responsibilities from UNMIL to Liberian security forces which took place last year and transition from the five-year Agenda for Transformation (AfT) which has just ended to a new five-year development plan which is in the making. The election of a new government in 2017 will mark the first time since 1944 that executive authority will be transferred from one elected president to another. Moreover, these elections will lay the political foundations upon which Liberians will continue to maintain peace, advance development and pursue reconciliation. After 12 years of peace and significant progress, much is at stake! This report examines the institutions or actors, rules, procedures and processes that constitute the electoral system of Liberia. Its goal is to contribute to strengthening the electoral system so that it can successfully hold peaceful and credible elections. Beyond this immediate goal, the report also seeks to identify issues for post-elections electoral reform and to elevate consciousness about how elections are important to peace and development in Liberia.. The report begins with a review of the environment within which elections are to take place and then explores the constitutional foundations and statutory law that frame the electoral institutions and processes. Drawing from recent post-conflict election reports of the 2005, 2011 and 2014 elections to supplement GC s investigation, the report identifies challenges that are likely to confront the 2017 elections. Particular attention is paid to the resolution of election disputes, which are among the most critical challenges of the electoral process. The report concludes with a summary of key issues, and advances some recommendations. The 2017 Presidential and Legislative Elections are being held in an environment of excitement laced with a certain amount of uncertainty. High unemployment, inflationary pressures, declining exports and a state of persistent poverty shape the economic context that impacts the electorate. High illiteracy rates, especially among women, slowly improving health care facilities and significant challenges in the educational system and road infrastructure are among factors that could impact participation in the electoral process. The political environment is characterized by an over-active but less informed public realm and a range of civil society organizations that are not sufficiently empowered but are struggling to invigorate public space productively. Also of importance is the signal from the international community as embodied in UN Security Council Resolution 2333 (2016) which authorized UNMILS s continued presence up to March 2018 while calling on Liberians to demonstrate higher level of responsibility for their own affairs. VII

10 The Constitution and Elections Law provide strong groundings for elections. In some instances they are highly prescriptive, stipulating specific dates and timelines for events such as the holding of elections, adjudicating electoral disputes and for political parties to elect their officers ensuring internal democracy, among others. Enforcement of some of the prescriptions have been problematic due to the inapplicability of these provisions or the lack of enforcement capacity of the Elections Commission. For example, the 10-year residency requirement for President has been inapplicable over the last two presidential elections; and the requirements for monitoring and inspecting financial records of political parties by NEC have not been enforceable due to capacity constraints among others. Capacity gaps and spasmodic inflows of budgeted resources are among the major challenges that continue to affect the various phases of the work of the Elections Commission and if not urgently addressed, could ultimately limit public confidence in NEC S performance. A review of the capacity gaps, business processes and funding of the Elections Commission should be among the critical issues considered in electoral reforms that are recommended to be undertaken after the 2017 elections. There are other issues affecting the electoral process which are external to NEC. The lack of a national identification card against which Liberian citizenship can be identified poses a major constraint to voter registration and verification as it does to the process of voting. The absence of such a card has imposed an enormous and unfair burden on the NEC. Turf struggles have been among the complications which have delayed the issuance of a national identification card. Thankfully, the process is now underway. The area of elections dispute resolution resonates critically in view of experiences from the 2014 Special Senatorial Elections when more than a dozen petitions were filed in the Supreme Court against the National Elections Commission and various candidates. The Supreme Court remained seized of electoral dispute appeals well into It is gratifying that the Supreme Court has indicated its intention to expedite the process of addressing appeals in a manner that will not affect the interests of parties litigant and the due process of law. The security landscape is another area of concern. Since the withdrawal of UNMIL, the upcoming elections pose the greatest test to the capabilities of the national security forces. Recognizing this challenge, the report references the efforts to organize a special joint security arrangement for the elections headed by the Inspector General of Police. Government s support for the security budget is an imperative. VIII

11 This report also addresses elections challenges within the context of the Liberia s long term needs of strengthening of citizenship, pursuing the national vision, achieving reconciliation and advancing the agenda for development. First is the need to protect the gains achieved thus far or are in the pipeline in a range of areas which includes civil service reform, decentralization, land reform, gender equity and constitution reform. The report perceives the 2017 elections as the vehicle which must create a successor government to protect and build upon these gains rather than ignore or reverse them. Thus, far from seeing the 2017 elections as a sanitized process, the report considers the elections as building blocks upon which Liberia should advance to another level of inclusive, participatory, transparent and accountable governance capable of delivering increased public goods and services in partnership with the Liberian people and international partners. The report advances recommendations for immediate consideration for the 2017 elections and others which can contribute to longer term policy and structural issues that confront the electoral system. Recommendations for Immediate Consideration o Use elections as opportunity to strengthen citizenship: While recognizing that elections are contests among parties and individuals, a conscious effort must be made in the public realm to promote elections as a time to strengthen citizenship commitment to Liberia. Lead responsible parties: GC, MoE, NEC, the Press Union of Liberia and mass media; pro-democracy civil society organizations; the Inter-Religious Council, o Use elections as a platform for debate of national development issues: Election contests must serve as platform for informed and responsible debates among parties and candidates on policy issues and priorities. Political parties and candidates must be pressed to do so. Lead responsible parties: Press Union of Liberia, civil society organizations, academic institutions, prestigious clubs such as Rotary and Lions Clubs, among others. o Address the 10-year residency requirement stipulated in the Constitution: Twice ruled as inapplicable, there must be a pronouncement on this constitutional provision. Lead responsible parties: NEC and the Supreme Court o Intensify and expand civic education: Using the National Curriculum on Civic Education, delivering civic education modules to schools and for non-formal education purposes to deepen and broaden understanding of importance of elections as responsibility of citizens. IX

12 Lead responsible parties: MoE, NEC and GC o Monitoring and strengthening voter education: With voter education already underway, devise and implement monitoring project with view to strengthening content, expanding coverage and addressing special needs. Lead responsible parties: NEC and GC o Strengthen voter roll verification: Strengthen public confidence in voter registry through measures, including electronic compilation and ample public vetting. Lead responsible parties: NEC with support of election monitors and interntional partners. o Strengthen capacity and monitor of campaign spending and financial flows into political parties: NEC lacks the capacity singly to monitor campaign financing and financial flows into political parties; therefore, NEC must enter cooperation agreements with appropriate entities such as the LACC, FIU, and other integrity organization, where consistent with the Elections Law, to monitor campaign financing and financial flows into political parties as prescribed in NEC s mandate. Lead responsible party: NEC o Enhance political parties and their agents commitment to integrity of the voting (including collation), result announcement and complaint filing processes: Some political parties often take deployment of party agents as optional and lightly; yet electoral complaints typically rely on their reports. NEC must require political parties take the recruitment, training and participation of their party agents as a serious legal obligation with all its consequences; that NEC set a requirement of the minimum numbers of party agents to be recruited by each party and provide sound training to them and require and monitor their full deployment. Lead responsible parties: NEC, political parties, Election Monitoring Networks o Establishing national elections monitoring networks and situation rooms: Ensure proper training and deployment of teams of highly respected and morally upright individuals as election monitor constituted in certified networks. Support establishment of situation rooms organized by both national and international groups of monitors. Lead responsible parties: NEC, civil society organizations, Inter-Religious Council, ECOWAS and other regional and international partners. o Formulate and implement ethical code of conduct for parties and candidates: The campaign and subsequent phases of the election process can draw conflictful debates and actions that can induce violence. There is need to strengthen commitment to peaceful, X

13 o violence-free elections through solemn declaration and commitment to ethical code of conduct. Lead responsible parties: National Elections Forum, NEC, political parties, Inter- Religious Council with support of international partners. o Recruitment, training and equipping of adequate numbers of election magistrates and hearing officers: The actions of election magistrates and hearing officers have been at the center of most elections disputes which have reached the Supreme Court. These elections officials are few in numbers, thereby leading to delays of hearings. Records of hearings are sometimes inadequate, thereby posing challenges for Supreme Court review. Recruitment of adequate numbers of qualified individuals, preferably law students, lawyers and others of competence; aligning training with Supreme Court requirements, and providing them with needed equipment and supplies. Lead responsible party: NEC with training support of Judicial Training Institute o Rationalization of NEC s operational processes: Strengthening the internal processes such as procurement, logistics and human resources capabilities, particularly at times of scarce resources and urgency are invaluable. Lead responsible party: NEC with support of entities with relevant expertise o Addressing capacity gaps: Improving Communications, M & E and other staffing capabilities as an ongoing undertaking is essential. Ongoing voter registration is uncovering significant gaps in capacity of those engaged in registering voters. Such gaps need to be urgently addressed. Polling officers recruitment and training cannot become an emergency matter done at the last minute as rigorous training is needed. Lead responsible party: NEC o Declare Code of Conduct exclusion rule inapplicable: Part V Sections 5.1 and 5.2 of the Code of Conduct seeks to exclude from candidacy, high officials of the Executive Branch of Government who did not resign from their positions within a given period of time. In view of the doubts about the constitutionality of the provision, as it is now under challenge; and the disruptive effect its enforcement will have on the 2017 elections, the provision should be considered inapplicable to the 2017 Presidential and Legislative Elections in the same manner and spirit the 10-year constitutional provision was considered inapplicable to the 2005 and 2011 elections. Lead responsible parties: NEC and Supreme Court o Supporting NEC s budget: The decision to provide budget support to NEC from the National Budget over two fiscal years ( and ) is understandable in view of the current economic decline and the dip in revenue inflows; but this practice exposes NEC and the 2017 electoral process to risks. The GoL must prioritize the XI

14 o funding of NEC s budget and provide to NEC all the resources needed for the 2017 elections by the end of the first quarter of fiscal The President of Liberia and the leadership of the Legislature will do well to ensure that this happens. o Elections Security Arrangements: The joint security arrangements established by the Inspector General of Police under the oversight of the Minister of Justice and with the cooperation of NEC need to be supported by the Government and international partners. o Lead responsible parties: MoFDP, MoJ, LNP, NEC with oversight of President o Aligning NEC s process of certification with Supreme Court s decisions: Early certification of candidates have led to the filing of numerous writs of prohibition and the exacerbation of tension, confusion and negative aspersion on the electoral system. The Supreme Court and NEC would do well to ensure expeditious and properly aligned processes of Supreme Court ruling and NEC s certification. Recommendations for Consideration Following 2017 Elections o Use voter education and civic education to strengthen citizenship and reconciliation: the National Curriculum on Civic Education was designed as a tool for building citizenship and promoting reconciliation. The Ministry of Education and the Governance Commission must undertake urgently to develop the range of civics textbooks as required as the next phase of the project. Responsible parties: Ministry of Education and Governance Commission o Updating and verification of voter rolls: Processes for the inspection, verification and updating of voter rolls are spelt out in the Elections Law and should be widely publicized to increase public awareness and reduce the prospects of misunderstanding; they should also be implemented with the input of the public institutions as prescribed by law. o Registration of youth turning 18: Youth whose 18 th birthday will occur before elections day should be allowed to register even if voter registration takes place before their 18 th birthday. Lead responsible lead parties: NEC o Preparing for referendum on constitution amendment propositions: It is expected that propositions to amend the Constitution will be adopted by the Legislature before the end of the 2017 legislative session. NEC will do well to begin the process of preparing for a referendum on the propositions including the mobiloization of financial and material support early in 2018, following the 2017 Presidential and Legislative Elections. XII

15 Lead responsible parties: NEC, the President o Elections during emergencies: The Constitution prescribes specific dates for the holding of elections. The Ebola Virus Disease pandemic occurred at a time when elections should have been held. While the Supreme Court decision brought closure to the controversy about whither and when elections should be held under the circumstances, there is need for clarity of law regarding the holding of elections during periods of emergency. This should be initiated by NEC. Responsible parties: NEC and the Legislature o Preparation for chieftaincy elections as required by the Constitution: While the Constituton is said to be ambiquous about the holding of municipal elections, it is clear about the requirement to hold chieftaincy elections. Constitutional grounding of Liberia s electoral democracy is imcomplete as at now without addressing electoral requirements at local level of governance. This challenge should be joined by NEC following the 2017 elections. Responsible parties: NEC, Ministry of Internal Affairs, GC o Reviewing political party membership requirement at registration: The Constitution requires a minimum of 500 members registered from six counties. Yet the Constitution also requires that all political parties be inclusive, broad-based and national in character. With changing demographics and political and administrative jurisdictions, this requirement crafted in 1986 needs review. This is a project for electoral reform following the 2017 elections. Reponsible parties: NEC, GC, LRC, Legislature o Funding political parties: A review of the financial requirements for registering a political party as well other fees paid to the NEC need to be rationalized against the services expected to be provided political parties by NEC. There is also need to consider public funding of certain expenses of political parties in a manner that serves the public interest, promotes competitiveness of political views and meets standards of equity. Lead responsible parties: NEC, political parties, Legislature o Dissolving political parties: The provision of the Elections Law for the dissolution of political parties should be enforced with care and in conformity with all of the stipulations of the law. The involvement of other agencies of government as prescribed. o Funding NEC: Henceforth, support for elections should be planned and appropriations should be made and resources secured from the consolidated account by the end of the fiscal year preceeding the year in which elections are to be held. The Legislature and the Executive will do well to implement this recommendation for future elections and as part of comprehensive electoral reform. XIII

16 Responsible parties: NEC, the President, MoFDP, Legislature o Reviewing the organizational structure and business processes of NEC: In view of the increasing number of elections and the increasing competitiveness of them, a comprehensive review of the structures and internal organization and overall capacities of NEC is needed to enable NEC to respond to increasing demands for election-related services. This review should be part of an overall reform of the electoral system. XIV

17 Chapter 1 INTRODUCTION AND BACKGROUND INTRODUCTION This report examines the institutions, processes and arrangements essential to ensuring free, transparent and credible elections in Liberia in It recognizes that elections are located at the core of democratic governance and are the most widely accepted way to establish representative government. Although elections are vital to establishing democratic governance, they are not sufficient to sustain a system of democratic governance over time. Sustaining democratic governance requires a more extensive set of accountable, participatory and transparent institutions, processes and practices that produce public goods and services ranging from a strengthened sense of citizenship and collective future, to safety and security, education and health care, and road infrastructure, among others all constituting human security. The Presidential and Legislative Elections of 2017 are part of the triple transition which is taking place in Liberia. The first was the transfer of security responsibility from UNMIL to the Liberian government and people in 2016, the second is the ending of Agenda for Transformation (AfT) in 2016 and the 2017 elections being the third. The 2017 elections are the third Presidential and Legislative Elections to be held since Liberia returned to constitutional rule in Of further significance is the fact that the presidential elections will be the first since 1944 to bring about a transfer of executive powers from one elected president to another. Moreover, the new government to be ushered in by the elections will have the responsibility to move Liberia forward with an agenda for development, democracy and reconciliation beyond the accomplishments of the 5-year Agenda for Transformation, the Reconciliation and Healing Roadmap and 12 years of democratization. Thus, it is fair to say that a whole lot is riding on credible and peaceful elections in The stakes are raised even further by the fact that Liberia has frequently had significant controversies and violent conflicts associated with elections. Unresolved election disputes have 1

18 resulted in governance breakdowns, violent conflicts including a civil war and, needless to say, prolonged underdevelopment. While elections have been sources or triggers of violent conflicts, they have also provided the exit from violent conflicts and foundations for a new beginning. The Presidential and Legislative Elections of 2005 were an outcome of the implementation of the 2003 Comprehensive Peace Agreement which ended 14 years of violent conflicts and a civil war, and reestablished constitutional rule. Following the elections, plans for post-conflict recovery were strengthened by the elected government and their implementation was accelerated. The second post-conflict Presidential and Legislative Elections held in 2011 established that Liberia was on a path of democratization and was now ready to move beyond recovery to development. The formulation of a National Vision in 2012, and the launch of the Agenda for Transformation, and the National Reconciliation and Healing Roadmap in the same year, established the frameworks for long term development, democratic governance and reconciliation. The importance of the 2017 Presidential and Legislative Elections must be understood within the context of this commitment to long term development, democratic governance and reconciliation and, with a deep appreciation of the potential setbacks in democratic governance, reconciliation and development that could confront Liberia in the face of failed elections. This is why the Governance Commission has focused this edition of the Annual Governance Review on the state of the Liberian electoral system. The electoral system of Liberia is established by the Constitution and Elections Law of Liberia based on the fundamental principle of representative government elected by sovereign citizens through universal adult franchise. The use of these principles in Liberian electoral processes have evolved over time as citizenship has become more inclusive. The key institutions, rules and processes of the electoral system have also evolved as the demand for multiparty democracy has grown stronger. An interrogation of the critical institutions, rules, procedures, practices that constitute the electoral system of Liberia is the main focus of this report. The overarching interest of the report is to ensure that Liberia s electoral system can meet the challenges of delivering peaceful and credible elections in

19 Following a brief outline of each chapter of this report, the remainder of this chapter provides as background snapshots of selected elections held in Liberia. Organization of the Report This Report consists of nine (9) chapters. Chapter 1 introduces the report and focuses on select elections to underscore how important elections have been in Liberia s efforts to avert or exit crisis and lay foundations for peace and democratic governance. Chapter 2, explains the methodology used in preparing the report. Chapter 3 describes the context in which the 2017 elections will be held. It highlights major economic, political, security and social factors that shape the environment within which elections will be held in Chapter 4 examines the legal and regulatory framework of elections in Liberia. Chapter 5 maps out the major institutions that are involved in managing the Liberian electoral system the National Elections Commission of Liberia (NEC), the Supreme Court of Liberia, and political parties. Specifically, the chapter addresses issues such as the legal bases of their mandate, the nature of their rules, and how they performed their roles. In chapter 6, the immediate antecedent elections to the upcoming 2017 elections are examined: these are the 2005 and 2011 Presidential and Legislative Elections, and the 2014 senatorial election. Each phase of the electoral process in each of these elections is examined, essentially for the lessons that can be learned in conducting the 2017 elections and others in the future. Chapter 7 probes the issue of electoral dispute resolution. It does this by examining the institutions National Elections Commission and the Supreme Court of Liberia that are legally involved in settling electoral disputes, their various processes and timelines. It also highlights some of the disputes they have addressed in past elections. The purpose is to assess the efficacy of the electoral dispute mechanisms and to draw lessons for the conduct of the 2017 election, as well as future ones. Chapter 8 draws on the preceding chapters and summarizes the major issues that may need to be addressed in order to strengthen the electoral system and conduct peaceful and credible elections in Chapter 9 provides conclusions and recommendations. Liberian Electoral Experience: Select Cases Since the implementation of the Comprehensive Peace Agreement in 2003, Liberia has had several successful elections: two presidential and legislative elections and a number of special 3

20 and by-elections. The support of the international community has been wide ranging: from the provision of security, financial and logistical support, to mediation. Even with such support, elections in Liberia have been fraught with challenges. Liberia s history with elections is riddled with even greater challenges and this is why extraordinary care should be taken to ensure successful elections in 2017, lest Liberia lapses into old ways. A cursory review of pivotal elections of the past can be instructive: The Elections of 1870 and the Forcible Removal of E. J. Roye The election of 1870 ended with the unconstitutional ouster of President Edward J. Roye through mob action and his tragic death. Roye was the first leader of the True Whig Party, a political party dominated by darker complexioned repatriates who constituted the lower classes of settler society at that time. He was first elected in 1868 after having served as Chief Justice. His widely stated policy as president was to open up roads to the interior and to enhance the integration of the Liberian society. He sought to implement a dubious constitutional amendment changing the tenure of the president from 2 to 4 years and contracted a controversial loan. Over his objections, elections were organized in 1871, former President Roberts with whom he had often been at loggerheads was the opposition candidate. Roberts was declared the winner. Sentiments drummed up against Roye ran high, especially regarding the terms and conditions of the loan. He was forced out of office by a resolution of a meeting of citizens and pursued by a mob. He tried in vain to declare a state of emergency but was captured and killed by mob action. Roberts was installed as President in January Thus the lack of consensus about a presumed constitution amendment on presidential tenure, disputes about the conduct of elections, and very weak institutions pertaining to the rule of law were at the core of what was considered the first coup d état or illegal removal of an elected president in Liberia. The 1927 Presidential Election and the Forced Resignation of C. D. B. King The 1927 presidential election was shaped by a polarized domestic environment that planted animosity between the two presidential candidates and their supporters. President Charles D. B. King, was the incumbent and standard bearer of the ruling True Whig Party, and Thomas J. R. Faulkner, was the candidate of the opposition People s Party. One of the issues that divided the candidates had to do with the Liberian government s labor recruitment and contract labor export policy which seemed akin to forced labor. The opposition party opposed 4

21 the policy and made it an election issue. As labor recruits were taken from communities of indigenous ethnic groups, the plight of the members of the various indigenous ethnic communities also became an election issue. So also was the Firestone Concession Agreement which had been signed in 1926 ceding a million acres of land to the American company, Firestone for a period of 99 years. Upon losing the election which were heavily rigged, the opposition elevated the issue to the international stage by publishing articles in the international press about forced labor practices in Liberia. The opposition also questioned the integrity of the Elections Commission which they claimed consisted of operatives of the True Whig Party. The conduct and especially the results of the elections were outlandish: Reports circulated of extraordinarily massive vote rigging and of people being forced to vote. According to the Brown (1941:127) fifteen thousand (15,000) people were qualified to vote but the results showed that the opposition party won nine thousand (9,000) and the incumbent Charles D.B. King of the True Whig Party won two hundred forty three thousand (243,000.) The Guinness Book of World Records in 1982 noted Liberia s presidential elections of 1927 as one of the most fraudulent in world history. The aftermath of such rigged elections was disastrous for Liberia: an international commission of inquiry was established and Liberia was recommended to be placed under international trusteeship; the President and Vice President were forced to resign and wide ranging political and economic reforms were demanded by the international community. Among Liberians, retributions for the international scandal included violent repression by government against local communities that testified before the commission of inquiry and resistance by local communities in the face of government repression. Instability in certain parts of Liberia, particularly in the southeast continued for several years and draconian, sedition and suppressive laws were imposed by the government. Some communities cried out for foreign protection. The Elections Showdown of 1955 The constitutional controversy about tenure of the president had persisted since the early years of the Republic and had contributed to the overthrow of President Roye in It had been a contentious issue every time a sitting president sought reelection. After the forced resignation of President King in 1929, Barclay who succeeded King in 1930 had sought to 5

22 address this question by securing a constitutional amendment setting the tenure of the President for a single term of eight (8) years, himself having served for fourteen (14) years which included the unexpired term of President King. Barclay was succeeded by William Tubman in the elections of Having served his tenure of eight (8) years by 1951, Tubman sought to remain in office for a longer period. His first maneuver was to get the Legislature to declare the Reformation Party an illegal organization and to bring treason charges against the party s leader Didwho Twe, forcing him to flee the country (Wreh, 1976; Kieh, 2008). He next pushed through an amendment that allowed the president to serve a first term of eight (8) years and subsequent terms of four (4) years without limitation. Tubman s action of trying to perpetuate himself in power aroused strong discontent within his own party as it also enraged the opposition groups. By 1955, a united front of opposition parties was formed and put forward former president Edwin Barclay, Tubman s predecessor to contest against him. Tubman s response was to crack down on civil liberties. He established new security institutions, and created a network of informants that collected intelligence including rumors about his opponents and he used state resources as carrots and sticks to expand his political base and punish his detractors. The elections of 1955 was the showdown between the True Whig Party which was now fully captured by Tubman and the combined opposition parties which fielded a single presidential candidate, former President Edwin Barclay of the newly formed Independent True Whig Party. Just before elections took place, there was an assassination attempt on Tubman s life. Tubman banned the Independent True Whig Party, hunted down and killed its chairman and arrested and detained other leaders of the opposition, some under hard labor. For twenty-five years thereafter, no one dared to organize a political party in opposition to the True Whig Party. One of Tubman s political subterfuges was to put up a symbolic opposition candidate election after election to provide an appearance of contestation. He ruled Liberia for fifteen (15) more years, holding regular elections, the last of which was only a few months before his death in July

23 The 1975 Presidential Election Tubman s death after being President for twenty-seven (27) years--much of which was characterized by repression--provided the opportunity for opening up political space. His successor, William Tolbert had been Vice President for nineteen (19) of Tubman s 27-year rule. Tolbert brought a new vibrancy to the presidency and optimism to the country. His pronounced commitment to change, accelerated development and inclusion, especially of youth, electrified the society. But Tolbert was to get caught between two forces: the old order of the True Whig Party of which he was a part and which he sought to reform on the one hand, and consortiums of youth, intelligentsia, workers and others forces which had been strengthened as a result of the new political environment or had been created or encouraged by him. The progressive and prodemocracy movements, especially the Movement for Justice in Africa (MOJA) and the Progressive Alliance of Liberia (PAL) were the torchbearers of the change. While the stalwarts of True Whig Party were appalled by Tolbert s efforts at rapid inclusion and liberalization, MOJA, PAL and others pressed hard for a faster pace of democratic reform and accelerated development. Advocacy rang strong for electoral reform, introduction of competitive multiparty politics, freedom of speech and assembly along with accelerated provision of schools, clinics and for self-reliant development strategies. Throughout his presidency, Tolbert struggled to manage the pressures between the forces that pressed for accelerated change and those that sought to maintain the old order. The elections campaign of 1975 took place in an environment covered with these polarizing challenges. Elements within the TWP tried to respond by broader inclusion of youth and women and higher visibility for the rural elite within the party s caucus system of selecting candidates. The prodemocracy and progressive movements mounted pressure for press freedom, workers rights and electoral reform, among others. Caught in the middle, Tolbert maneuvered to ensure the fielding of a few youthful candidates and other candidates who hitherto had not been within the mainstream of the True Whig Party. Although the presidential election was not contested by any opposition candidate, but like previous True Whig Party dominated elections, it was heavily rigged. President Tolbert is reported to have received seven hundred thousand (700,000) votes; this was two hundred thousand (200,000) votes more than the total number of registered voters (Kieh, 1988:206). 7

24 Clearly, the inflation of the number of votes that he is said to have received was meant to demonstrate a clear and decisive mandate in the face of intense pressures. Having ascended to the presidency due to the death of President Tubman to whom he was Vice President, Tolbert was now elected President in his own right. The rigged electoral process and increased pressures for rapid political (including electoral) reform, as well as accelerated and inclusive development dominated the post-elections debate. The 1975 election had demarcated the alternative pathways to Liberia s future. Hardliners resistance to the process of change clashed with the increased demands for change amid declining economic circumstances. Strikes by workers at the closing of the Liberia Mining Company (LMC) in 1977 were suppressed with violence, protest over rumored increases in the price of rice was met with violence (the Rice Riots) in 1979 leaving scores dead; and electoral challenges to the TWP through the Monrovia Mayoral elections postponed from 1979 to 1980 were aborted. On April 12, 1980, noncommissioned officers of the military staged a military takeover. The 1985 Presidential Election The 1985 Presidential and Legislative Elections were supposed to be the culmination of the rocky transition from military to civilian rule. After the April 12, 1980 military coup that toppled the TWP-led government of President Tolbert, there were mounting pressures from both domestic and external sources on Master-Sergeant Doe and the ruling People s Redemption Council (PRC) to formulate and implement a transition from military to civilian rule. The People s Redemption Council formulated a transition plan that established 1983 as the time for handing over power to a newly elected government. The date was later changed to 1986 with presidential and legislative elections to be held in The first major activity under the transition plan was the appointment of a Constitutional Commission consisting of twenty-five (25) members. After the constitution was drafted, it was reviewed by the Constituency Assembly (CA). The CA made significant changes to the draft and submitted the revised draft to the PRC for approval. The PRC approved the draft without any debate. Changes made to the draft included an extension of the tenure of legislators from four to six 8

25 years for members of the House of Representatives and from six to nine years for senators. The tenure of the president was also extended from four to six years. Other phases of the transitional plan consisted of three major interrelated activities. First, a national referendum held in July 1984 to approve the revised draft constitution. Second, the lifting of the ban on political activities, thereby creating the legal atmosphere for the establishment of political parties and broader engagement in political activities. Third, the establishment of an elections commission. The election commission set very stringent requirements for establishing political parties and qualifying as a candidate for president: a party registration fee of $100, or possession of real property valued at a minimum of $50, was among the requirements (Sawyer, 1986, 1992). The legally registered political parties were the National Democratic Party of Liberia (NDPL), which was organized by Head of State Doe; the Liberia Action Party (LAP), the Unity Party (UP), and the Liberian Unification Party (LUP). Two other parties that met the requirements but were debarred from participating in the elections were the Liberia People s Party and the United People s Party, both with strong grassroots support. According to some accounts, Head of State Samuel Doe lost the presidential election to Jackson Doe, the standard bearer of LAP (Seyon, 1988; Nanka, 2002; Kieh, 2008, 2012a). However, before the results were announced, the government halted the counting, declared that the results were being rigged by the opposition and in contravention of the electoral law, appointed a special 50-member vote counting committee consisting primarily of Samuel Doe s supporters (Seyon, 1988; Kieh, 2008, 2012a). The special committee declared Head of State Doe the winner of the presidential election by 50.9 percent of the votes based on what was widely seen as fabricated results (Seyon, 1988; Kieh, 2008, 2012). Stunned by the fraudulent results, LAP, the party widely considered the true winner of the presidential election, protested the outcome. Others also lodged protests. However, the elections commission refused to consider any protest. Making matters worse, the Doe regime resorted to various repressive actions designed to cow LAP and the broader opposition into submission. For example, the government declared illegal the formation of the Grand Coalition as attempted by LAP, UP and LUP to have a consolidated response to the stolen 9