Peaceful and orderly election marks an important step forward in the process of returning Liberia to a normal functioning state

EUROPEAN UNION ELECTION OBSERVATION MISSION TO LIBERIA Peaceful and orderly election marks an important step forward in the process of returning Liberia to a normal functioning state STATEMENT OF PRELIMINARY FINDINGS AND CONCLUSIONS Monrovia, 13 October 2005 The European Union Election Observation Mission (EU EOM) has been present in Liberia since 9 September 2005, following an invitation from the National Elections Commission (NEC). The Mission is led by Chief Observer Mr. Max van den Berg from the Netherlands, Member of the European Parliament and Vice-Chairman of its Development Committee. In total, the EU EOM deployed over 60 observers throughout Liberia to assess the whole electoral process in the light of international standards for democratic elections. Among these observers was a delegation of four members of the European Parliament led by Marie Arlette Carlotti MEP, which support the mission s conclusions. The EU EOM is currently observing the result tabulation and announcement process, and will remain in country to observe all aspects of the election process, including a possible second round. Preliminary Conclusions The 11 October 2005 presidential and parliamentary elections have so far been peaceful and generally well administered, marking an important step forward in the process of returning Liberia to a normal functioning state. Voters were provided with a wide range of political contestants, and in contrast to the elections of 1997 were able to cast their ballots free from fear. The EU EOM recognises the effort and commitment demonstrated by the public, the National Elections Commission (NEC) and its 19,000 election officials, as well as political parties, their representatives and civil society, whose contributions helped to ensure the integrity of the process on election day. The presence of the United Nations Mission in Liberia (UNMIL) helped to create a feeling of confidence and security among the voters. During election day, voters turned out in large numbers, in a calm and orderly manner. Polling procedures were largely well followed and the secrecy of the vote was generally well maintained. Party and candidate representatives were present in virtually all polling stations visited by EU observers, often in large numbers. The impact of poverty and illiteracy caused by fourteen years of war was visible during the process, particularly on election day when many voters had difficulties understanding voting instructions and ballot papers. However, election officials and voters worked together, mostly in a correct manner, to overcome the problems that this caused. 1

Fundamental freedoms of expression, assembly and association were respected. Political parties and candidates were able to campaign actively in a conducive atmosphere in which no serious acts of violence or intimidation were reported. The legislative framework provides for the conduct of democratic elections. However, a number of issues need to be addressed in advance of future elections including the removal of constitutional provisions based on ethnicity that result in unacceptable disenfranchisement according to international standards, as all persons should be equal before the law. The complaints procedures should be amended now by the NEC to ensure equality of access to all stakeholders. Voter registration was widely viewed by election stakeholders to have been conducted successfully with almost twice the number of voters registered to participate as during the previous elections. However, for future elections, refugees residing outside the country should have the right and possibility to register to vote. The media operated in an environment that provided for freedom of expression. Radio was by far the most important source of information during the campaign period. During the period monitored, the state broadcaster Eternal Love Broadcasting Corporation (ELBC) provided coverage of almost all parties which was neutral in tone, although the time devoted to some varied considerably. Civil society organisations played a significant role in election observation and the delivery of civic and voter education. While much of the civic and voter education was of a good quality, significant further efforts will be required in this area in the years ahead, particularly through primary education and anti-illiteracy campaigns. Efforts to encourage women to register and vote in the election were successful. However, only 14 per cent of candidates were women, and only one political party achieved the 30 per cent benchmark stipulated by the NEC. Only a few parties made a specific effort to attract women voters. In the coming weeks, it is essential that the election process is completed in a timely, efficient and transparent manner and for all political leaders and parties, both winners and losers, to work together in an inclusive democratic process for the better governance of Liberia. The final assessment of these elections will depend, in part, on the completion of counting and tabulation, the announcement of results by the NEC, and the complaints and appeals process. The EU EOM will remain in country to observe the remaining aspects of the election process, including, if necessary, a second round, and will publish a final report, containing detailed recommendations to improve the election process, within two months of the completion of the entire process. The EU EOM would like to thank the election and state authorities, candidates, political parties, security forces, media and civil society, UNMIL and especially the people of Liberia for the invaluable co-operation received throughout the deployment of the mission. 2

Preliminary Findings Background The 2005 elections in Liberia took place in the framework of the Comprehensive Peace Agreement (CPA) signed in August 2003. Under the CPA, a National Transition Government of Liberia (NTGL) took office in October 2003, under the chairmanship of Mr. Guyde Bryant, with a mandate to prepare for internationally supervised presidential and parliamentary elections to be held not later than October 2005, and to bring the country back to a normally functioning state. Under a resolution adopted by the UN Security Council in September 2003, UNMIL was deployed to the country, with a stabilisation force of 15,000 peacekeepers. The 2005 elections were held to elect a President and Vice President as well as members of the Senate and House of Representatives. Under the electoral legislation, the President and Vice President are elected by an absolute majority (50 per cent plus one of the valid votes), if necessary through a second ballot between the two candidates receiving the most votes should this not be achieved in the fist round. Two Senators are elected for each of the 15 counties, based on a simple majority system, and Members of the House of Representatives are elected by a simple majority system in 64 election districts. Election Day Election day took place in a calm and orderly manner throughout the country. In contrast to the elections in 1997, voters were able to cast their ballots free from fear. No reports of violence, and only isolated reports of disturbances outside of polling places were received. In a positive development, which contributed to the transparency of the process, party and candidate representatives were present in virtually all polling stations visited, often in large numbers, and domestic observers were present in over 60 per cent of polling stations visited. As a result of many polling stations opening late and a slow start to the voting process, most voters initially had to queue for a number of hours to cast their ballots. However, election officials took sensible steps to address this problem and few polling stations ultimately had to remain open after the deadline for the close of polls. Officials in most polling stations visited explained the possibility for voters to vote twice in the Senatorial election. The NEC took a decision at 11:00 to stop applying voter instruction stickers to Senate ballot papers to speed up the processing of voters. However, that decision did not reach all levels o0f the election administration throughout the country. Polling procedures were largely well followed and the secrecy of the ballot was generally well maintained. While inking of voters was undertaken in all polling stations visited, voters were not always checked for ink in advance. The impact of poverty and illiteracy caused by fourteen years of war was visible during the process, however, election officials and voters worked together, mostly in a correct manner, to overcome the problems that this caused. However in some polling stations visited, in contravention of election provisions, election officials were seen assisting voters in casting their ballots, even when others who could have provided this assistance were present. Although the counting process was slow in most polling stations where counting was observed, election officials remained committed to completing their task. While procedures were generally well followed, reconciliation instructions were not always adhered to and inconsistencies in counting votes for the Senate election were observed in some polling stations, 3

with two votes being counted for the same candidate in some cases. In many polling stations observed, a relatively high number of invalid ballots, many of which were ballot papers without any mark on them were recorded. In over 50 per cent of polling stations in which counts were observed, party and candidate representatives were provided with a copy of the result. Constitutional and Legal Framework Under the CPA, all parties agreed on the need for an extra-constitutional arrangement that would facilitate the formation of the NTGL and the establishment and proper functioning of the entire transitional arrangement. Therefore, all provisions of the Constitution relating to the establishment, composition and powers of the executive, legislative and judicial branches of government were suspended, along with relevant provisions of statutes and other laws that are inconsistent with the provisions of the CPA, until the inauguration of the new, elected government, by January 2006. In addition to the CPA, the 2005 elections were regulated by the 1986 Constitution, the 1986 Election Law and the 2004 Electoral Reform Law, as well as regulations issued by the NEC. This legislative framework provides for the conduct of democratic elections. However, a number of issues will need to be addressed in advance of future elections, including removal of provisions based on ethnicity that result in disenfranchisement and are contrary to international standards for democratic elections. The NEC must now ensure equality of access to complaints procedures by reversing its recent decision requiring complainants to file complaints with both the presiding officer and the magistrate within the same 24 hour period. Regrettably, the 335,500 refugees residing outside of the country were deprived the opportunity to participate in these elections. In future they should be provided with the possibility of registering to vote. Shortly before the elections, the Supreme Court issued decisions regarding two electoral complaints. In the first, the court ruled that voters could mark two choices on their ballot papers concerning candidates for the Senate. This decision was implemented belatedly by the NEC. In the second case, the court ruled that the names of three additional candidates should be placed on the ballot papers, two for president and one for the House of Representatives. Implementation of this decision could have potentially jeopardised the electoral timetable that is provided in the CPA. The potential conflict between the results of the court's decision and the timetable was removed as consequence of the three candidates announcing through the media their withdrawal from the elections, which was done in part as a result of the mediation mechanism provided in the CPA. Voter Registration Voter registration took place between 25 April and 25 May 2005. In total, 1,352,730 Liberians registered, approximately twice the number that had registered to vote in the 1997 elections. A replacement voter card programme, conducted between 17 and 30 September, resulted in 4,692 replacement cards being issued. The general view, including among political parties, is that the registration exercise was successful. On election day, no significant problems with voter registration were reported by EU observers. Although a significant proportion of Internally Displaced Persons (IDPs) opted to be registered in their original county of origin, ultimately, some 40,000 were not repatriated to these areas before election day. While the NEC adopted a regulation that enabled these IDPs to vote in the 4

Presidential election at their IDP camp they were deprived of the possibility to vote in the Senatorial and House of Representatives elections. Election Administration While the CPA calls for internationally supervised elections that are jointly conducted, monitored and supervised by the international community, ultimately, in line with UN Security Council Resolution 1509, the 2005 elections were administered by a reconstituted NEC, tasked by the CPA to ensure that the rights and interests of all Liberians are guaranteed, and that the elections are organized in a manner that is acceptable to all. Technical and logistical support was provided by UNMIL, together with a number of other international organisations and NGOs. Given that the infrastructure of the country has been severely damaged by war and some 130,000 people live in areas considered inaccessible by UNMIL, organisation of the elections was a huge logistical challenge. So far the elections have been generally well administered. Deadlines have largely been met Clear regulations and instructions have been prepared and training has been generally well conducted. Election materials were successfully distributed throughout the country in advance of election day. The NEC has generally acted transparently, communicating well with the electorate via radio and maintaining an informative internet site. However, there has been confusion over a number of issues, in particular concerning the number of ballot papers that had been printed. With the exception of the working meetings of the NEC, international and domestic observers have been provided with good access to all levels of the election administration. While political parties and candidates have generally expressed confidence in the NEC and satisfaction with its overall performance to date, communication between the NEC and political parties could have been better. Inter-Party Co-ordination Committee (IPCC) meetings, designed to be a monthly consultation between the NEC and political parties were not held as regularly as planned, were less consultative than had been anticipated, and initially did not involve the participation of independent candidates. The legal framework allows a possible second round of the presidential election to take place before all complaints and appeals relating to the first round have been finally determined. In light of this, it is imperative that the NEC gives priority, in attention and resources, to expediting the complaints and appeals process at the county and national levels. It is also essential that the Supreme Court acts expeditiously should it be presented with any appeals. Campaign The election campaign was conducted in a positive atmosphere, with no reports of restrictions on freedoms of expression, assembly and association or serious intimidation of candidates or voters. In a hopeful sign for the future of the country, the Liberian population participated enthusiastically in the process, demonstrating widespread interest in the election process. Most political party and candidate platforms were only belatedly made available to the electorate. The widespread use of posters, banners and T-shirts was evidence of a highly competitive campaign. Particularly in the capital, there was a high level of public debate throughout the campaign period. A number of competing large rallies were held in Monrovia during the final days of the campaign period. Despite the resulting intermingling of rival supporters these passed off peacefully and in good spirit. Besides rallies, the political campaign strategy of many 5

candidates consisted of holding small village meetings and house-to-house visits. As a result of the poor transport infrastructure in the country, candidates were unable to visit remote areas during the campaign. In these areas, the main way of reaching out to the electorate was through community based radio stations. EU observers witnessed isolated examples of abuse of state resources, and further reports of this activity (particularly use of government vehicles) were received from civil society organisations involved in monitoring the campaign period. Reports were also received of money and goods being distributed at political rallies and to local communities in an attempt to induce support. Insufficient steps were taken by the NEC or any other authorities to address these problems. Although the law requires that political contestants disclose the funding and spending of their campaigns, this had not been enforced by the NEC prior to election day. Media Radio is the primary source of information in Liberia. Newspapers and local TV stations exist, but their coverage and influence is limited. With the exception of community radio stations, local media hardly exists outside of Monrovia, meaning that access of the Liberian population to public information is very limited. As a result of the CPA, and in contrast to the situation under previous administrations, freedom of expression has been guaranteed and no radio stations or newspapers have been shut down in the last two years. This context provided a free environment for the media to operate in during the campaign period, during around half of which (19 September to 9 October), the EU EOM monitored a total of 14 media outlets (six radio stations, three TV stations and five newspapers). During this period media outlets monitored, especially radio stations, were active in providing up to date information on campaign activities. Prior to the start of the campaign, the Ministry of Information, Culture and Tourism (MICAT) and the NEC agreed on procedures to be applied by the broadcast media to guarantee that political contestants were provided with equal access during the campaign period. Although only two local radio stations (ELBC and Star Radio) and UNMIL Radio formally agreed to the procedures, the measure contributed to the presence of candidates on other radio stations. For example, DC 101 and Radio Veritas, conducted interviews and debates with candidates and political party representatives, and community radio stations provided access to local politicians as well time for civic and voter education messages. The state radio station, ELBC, provided coverage, which was mostly neutral in tone to 20 out of the 22 political contestants during the monitoring period. Among those covered, the National Patriotic Party (NPP) received the highest amount of airtime (29%) in news and special election programs, followed by United Party (UP) (25%), the Coalition for the Transformation of Liberia (COTOL) (9%) and the Liberty Party (LP) (8%). The Liberia Equal Rights Party (LERP) and the New Deal Movement (NDM) were the two parties that did not receive airtime during this period. Local TV stations monitored only provided limited coverage of the campaign, showing clear favouritism to some of the stronger parties, while newspapers monitored provided a broad range of coverage to many of the parties. In a welcome development, which aimed to encourage accurate, impartial and professional reporting, the Press Union of Liberia (PUL) established an Election Coverage Code of Conduct for its membership. Further, the PUL Grievances and Ethics Committee investigated complaints relating to professional misconduct by media against some candidates, demanding public apologies in newspapers and radio broadcasts on a number of occasions. However, the PUL also 6

endorsed an agreement between media houses and publishing associations, which requested political parties and independent candidates contesting in the elections to make their manifestos public or risk a media blackout. While the intention of this agreement was to ensure that the population was provided with information about all party platforms, the measure was too drastic and could have limited the access of some parties to the media. The Participation of Women Women s organisations provided targeted voter education to women voters in order to facilitate and encourage their participation in the electoral process. Following a slow start, women voters registered in large numbers and in the final voters register the percentage of women marginally exceeded 50% of total registrants. However, despite guidelines issued by the NEC stipulating that each party should ensure that 30% of candidates nominated by political parties should be women, just one of the 21 political parties achieved the 30% benchmark, only four additional parties nominated more than 20% women candidates, and in total only 14% of the 762 candidates contesting these elections were women. The NEC can fine parties that do not meet the 30% figure, but up until election day, this had not been enforced. While political parties made some efforts to cover issues of particular concern to women, including health and education, only a few parties made a significant effort to attract women voters. Some women candidates reported that political parties did not provide the same support to female candidates as they did to male candidates. In the election administration, three out of seven NEC Commissioners, including the Chairperson are women, and EU observers reported that in general one or two members of polling station committees were women. Civil society organisations reported that in many instances it had been difficult to recruit women observers. Civil Society A vibrant civil society exists in Liberia, which is playing a central role in building a democratic culture in the country. Civil Society organisations have been involved in all phases of the electoral process, ensuring a significant degree of pluralist participation. According to the NEC, 3,452 domestic observers were accredited to observe the elections. Most of these observers participated operations organised by the National Committee for Elections Monitoring, (NACEM), the Campaign Monitoring Coalition (CMC), and the EC-Bi-lateral Elections Programme in Liberia. These organisations were able to observe all aspects of the election process, and issued regular reports, including on voter registration and media coverage. Lack of financial and human resources however, and difficulties in transportation and communication have limited the ability of domestic observers to reach all polling stations. Civil society organisations also played a significant role in the delivery of civic and voter education, conducted in association with the NEC and UNMIL. While much of the civic and voter education was of good quality, provided in difficult circumstances during the rainy season, it did not reach citizens in some of the more remote parts of the country. Particularly in view of the high illiteracy rate, significant further efforts will be required in this area in the years ahead. 7