Problematic of Elections in Africa: How to master the electoral process?

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African Training and Research Centre in Administration for Development Hanns Seidel Foundation Original: French Problematic of Elections in Africa: How to master the electoral process? New strategies and strengthening electoral capacities A High Level Seminar Summary Report 19 21 March 2012 Tangier (Morocco)

The Pan African Conference on the issue of elections in Africa was held in Tangier (Morocco) from 19 to 21 March 2012. This meeting brought together participants from several countries and various institutions in charge of democratic and electoral issues and academics interested in this issue. The main purpose of this work was to particularly reflect on the reasons for the difficulty of conducting serene electoral processes in Africa, but also to propose new ideas that may otherwise allow ending the election and post-election crisis or at least reduce. The opening session was made by Dr. Simon Mamosi LELO, Director General of CAFRAD and Mrs. Juliette Borsenberger, Representative of the Hanns Seidel Foundation of Germany. I. Opening Ceremony: The opening ceremony was chaired by Director General of CAFRAD Dr. Simon Mamosi LELO, which began in his opening remarks by wishing the various participants, welcome to CAFRAD and Tangier on the occasion of this meeting, which marks the third of its kind, devoted to the problem of elections in Africa. The first dealt with particular democratic mutations and election issues and the second concerned specifically the study of legal and regulatory frameworks relating to elections. He then welcomed the participation of several states which demonstrate their willingness to take head on the question of democracy and elections in Africa, after the recent painful experiences recorded in a number of countries on our continent. Finally, he hoped that the seminar work give rise to thoughts and recommendations that can enable Africa in general, to emerge from these crises that have often been and unfortunately still serious obstacles to progress towards stability, peace and development. After that, Dr. LELO made a brief presentation of CAFRAD, its status, history and missions. He concluded his remarks by reiterating his welcome and pleasant stay to all participants in Tangier and Morocco in general. Then, Mrs. Juliette Borsenberger of the Hanns Seidel Foundation of Germany spoke to welcome the participants in the name of the organization that she represents. She said all the interest to this conference, because the organization of free and fair elections is a reliable indicator of the degree of democratization. Although, according to Madame Borsenberger, this may seems obvious, she does not mean minimizes the complexity of specific situations to each country, each context, or issues which, sometimes, counter those statements of principle. If she recognizes the reality and complexity of these characteristics, however, she believes that this conference can be an opportunity to discuss these difficulties in order to draw useful and necessary conclusions that can help to make proposals to overcome the current obstacles and lead to the establishment of consensual and peaceful democracies. After briefly presenting the Hanns Seidel Foundation, Mrs. Juliette Borsenberger, wished every success to the conference. Once again, the Director General of CAFRAD Dr. Simon Mamosi LELO spoke for a brief presentation of the provisional program. Then ensued an individual presentation of delegates concluded with a slight pause before the actual start of work. II. Works : The work was conducted in five sessions chaired respectively by M. Ahmed ISSACK HASSAN from Kenya, Mr OYOUAH from Gabon, M.DJOLI ESENG EKEL from DRC, Mrs Justice MAMBILIMA from Zambia and Mr. Bourahima GBANE from Côte d Ivoire. These sessions have resulted in various communications. Were discussed the following topics: Education in the electoral process by Dr. Simon Mamosi LELO; CAFRAD/Hanns Seidel Foundation _19 21 March 2012_Tangier (Morocco) 1

III. Debates: The organization, coordination, control, evaluation and monitoring of electoral action by Mr. MIRIMO MULONGO from Democratic Republic of Congo; The role and place of law in the election action by Dr. Stephane MONNEY Mouandjo, instead of Prof. Alain Didier OLINGA prevented for the occasion; Te compilation and promulgation of polls results by Olivier Jean and gentlemen OYOUAH KOUMBA from Gabon; The use of Information and communication technologies by Mrs. SOKHNA MBAYE from Gorée Institute: International Institute for Democracy and Electoral Assistance (IDEA) ; Reasons of failure and possible success of the organization of elections in Africa by HE Dr. Mohammad Ahmad WALI from Nigeria and the presentations of country experience; And a panel devoted to discussions around the relationship between freedom, democracy, peace and development. These experiences were presented respectively by Burkina Faso, Cape Verde, Kenya, Mauritania, DRC and Zimbabwe. The various presentations have led to interesting discussions, rich experiences, examples and proposals. They focused on various issues raised during the work including the issue of education of the principles and democratic values. Thus, it appeared that the issue of democracy must first be defined and understood by the greatest number. Also, was raised the question of how to educate for democracy, when the concept of democracy is not appropriate by elites, nor understood by people. Moreover, are the people, in the definition of democracy, necessarily referring to the idea of population and could these concepts be confused with that of citizen? If for some, the ideas of people, citizens and people were interchangeable in the definition of the concept of democracy, for others, however, the idea of people can not be soluble in the population, although a section of the population can be part of the people, and some of the people and the population can claim the status of citizen. These concepts can be complementary but not necessarily interchangeable. The second element of discussion focused on the issue of appropriation of democratic values by ruling elites in Africa. Thus in general, the delegates felt that this appropriation was being in progress, despite the existence of particular burdens associated with various factors of a social or sociological nature, the complexity of the structuring of African societies, issues sometimes very far from reality and country-specific concerns, international order and geopolitical competition both domestically and internationally, and sometimes simply the shortcomings related to the degree of political education arising from the ignorance inadequate knowledge of cultural codes of African societies. The third element of controversy focused on the appropriation of legal rules on the organization of elections in Africa. Thus, it is apparent that most if not all legal rules was misunderstood by African politicians at least simply ignored by them as they aspired to carry out important functions in their country. Moreover, it appeared that in many countries, there was a sort of amplification resulting from a superposition of legal texts sometimes inconsistent with each other, sometimes in order to sow disorder in the minds of aspirants to elective functions or just to scare them away. Thus, the debates have highlighted the ambiguities arising from the division of powers between the Election Commissions, the Ministries of Interior or of Territorial Administration as appropriate, and constitutional courts or equivalent institutions. CAFRAD/Hanns Seidel Foundation _19 21 March 2012_Tangier (Morocco) 2

The fourth element of controversy focused on the issue of indigenization of democracy and its values in African countries. Thus the delegates wondered if African countries could not invent a democratic model of their own, based on a rationality that match them and that is the product of their own construction, their history or their common histories and therefore more in tune with their realities. Thus arose the question of whether the report of the African to their community was not determinative in this case as opposed to individualism carried by borrowing as a result of contact with countries and cultures distant from their own. The fifth point of controversy was that of the consideration of gender in politics. While the Zimbabwean experience has shown very little consideration of gender in political participation, especially in the allocation of responsibility positions. We also wondered how to ensure that African women in general can be better represented in political life. Several tracks have been advocated in this regard. Thus for some, the introduction of incentives measures should be taken for this purpose. Hence, this was followed by some conclusions: IV. Conclusions : At the end of the work, participants at this conference agreed on the following conclusions: Democracy is a system of government that recognizes the primacy of people s will; It is a process and a permanent building based on appropriation of the values of public and individual freedom, law recognized to peoples in general and each citizen individually, and which, to be assumed, requires continuing education to ensure its deep set in national culture; Elections are an expression of democracy and must be supervised by a just legal framework fostering the alternation and the will of people after a consensus between all stakeholders in the political game; Such elections must be consistent if not, at least compatible with the history and culture of peoples in which they must be applied and should as such embrace the values recognized as universal; Democracy must also consider the ambient international environment and difficulties with the underlying issues which sometimes may alter its harmonious development within the States; Democracy must take into account the vital role that women in contemporary societies and promote their greater integration into the decisions which engage the African continent at all levels of political responsibility; The election and democracy must take into account technological developments and incorporate them as possible, to promote transparency and reduce cases of fraud, which often cause many inconveniences within the countries; Democracy and elections should finally help to strengthen the culture of freedom, dialogue, peace and development. V. Recommendations: The conference participants recommend: 1. The reaffirmation of democracy as a universal value and the elections as one of its fundamental expressions; CAFRAD/Hanns Seidel Foundation _19 21 March 2012_Tangier (Morocco) 3

2. Compliance, dissemination and popularization of laws and regulations governing the organization of elections as a result of consensus between different political actors for a better understanding of legal and regulatory frameworks surrounding electoral processes in Africa; 3. Establishing mechanisms to ensure the confidence of the people in their institutions to promote an appeased democratic culture; 4. Encouraging dialogue between opposition and ruling parties in particular through the definition of an opposition status with a set of action means likely to promote a culture of peace and a ethic of discussion; 5. Development and promotion of mechanisms of African election observation and the establishment of a network of African expert in electoral matters, this is to avoid the controversies arising sometimes from reports of these institutions; 6. Consideration in each State of the indispensable role of women in democratization process in African countries through appropriate mechanisms for this purpose; 7. Encouragement of CAFRAD and its partners including the Hanns Seidel Foundation to continue the training efforts and awareness of States to different issues related to democracy, rule of law, respect for freedoms, and culture of peace. VI. Acknowledgments : The participants thanked the Government of Morocco for its hospitality. They thank CAFRAD, the Hanns Seidel Foundation through Dr. Simon Mamosi LELO, Mrs. Juliette Borsenberger, and all their respective staff, interpreters and Solazur hotel staff (Tangier) for their availability and their professionalism. Dr. Stéphane Monney Mouandjo General Reporter Tangier 21 rst March 2012 CAFRAD/Hanns Seidel Foundation _19 21 March 2012_Tangier (Morocco) 4