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The
Transition Monitoring Group and Domestic Election Observation
The Transition Monitoring Group and Domestic Election Observation Introduction Hence the use of international standards to judge elections in advanced democracies and the use of the same standards in judging elections in transitional societies and in failed states leads to conclusions and outcomes that does not reflect and capture the genuine will and intentions of the voters. While international standards are a good yardstick and benchmark for measuring election outcomes and the determination of the will of the people other development variables also influence electoral outcomes and taking these variables into consideration in the assessment of elections will provide balance and guidance to the voters and electoral authorities. The experience of the Transition Monitoring Group and other domestic observers during he 1999, 2003 and 2004 general and Local Government Elections in Nigeria has made it imperative to re-examine in a fundamental way some of the indices, experiences and literature used in he assessment of the outcome of the elections and the experiences that shaped the conclusion reached in respect of these elections. It is also important to reflect on the experience with international observers and the future of collaborative work in the area of electoral observation. This paper argues that that the reports of international observers and the response of foreign governments to the reports serve to strengthen or demobilize domestic observers and civic society groups especially in developing countries. In the main no matter the conclusions arrived at in respect of particular election, domestic election observers and civil society groups carry the big burden of making a determination of what to do with the political landscape after the international observers would have concluded their tour, holiday or assignment. It is therefore important to strengthen the capacity of domestic election observers to enable them play the crucial role of electoral observation given the history, geography, culture and other peculiarities of the African continent. There is also the need for African Regional Standards on Electoral Observation as against the present situation where elections in the African continent are judged within the framework of internationals standards that are apparently well intentioned but which has not taken into consideration the technological, infrastructure and political inadequacies of most African countries. The paper submits that all stakeholders in the Nigerian democratic project and indeed electoral authorities and the government have a duty to encourage and promote credible domestic observers groups. Ethical and professional domestic observers groups understand their own environment. They understand their own geography. They understand the peculiar technological problems of the nation. The understand the voting pattern and the psychological disposition that informs certain actions. They are the ones that stay behind to manage electoral outcomes. Hence rather than see domestic election observers as enemies, all stakeholders must appreciate their work and assist them to realize their objectives. The Transition Monitoring Group- and Experience with Election Observation
During this period, the Independent National Electoral Commission drafted, circulated and participated in the training of TMG observers on their rights and responsibilities as observers and the code of conduct guiding their work. During the registration of voters, the TMS also trained and deployed 5,000 observers and deployed a total of 10,000 observers for all the elections conducted in 2003. The Labor Election Monitoring Team deployed a total of 4,000 observers, the Federation of Muslim Women Association of Nigeria and the Muslim League for Accountability deployed 2000 while the Justice Development and Peace Commission of the Catholic Secretariat said it deployed 30,000 observers for the three strands of elections in Nigeria. The Transition Monitoring Group being the largest non partisan and experienced domestic observer group led other groups in negotiating and fashioning an acceptable code of conduct for domestic observers. During the 1999 and 2003 elections, TMG Observers and other Domestic Observers by their presence in most polling station, prevented large scale electoral fraud, gave confidence to the voters, assisted electoral authorities in overcoming logistics difficulties and assisted voters identify the symbols of their political parties. The findings, observations and recommendations of the TMS and other Domestic Observers assisted electoral authorities in overcoming hitches noticed in previous elections and alerting the people on the difficulties associated with the electoral process. The Challenges. There are difficulties and challenges that domestic election observers confront and must continue to confront in the task of domestic election observation. The first challenge is in defining the limits and parameters of contact, contribution and assistance that domestic observers can make and offer in the course of electoral observation. In other words, can domestic observers with a stake in the survival of democracy offer assistance to electoral officials and the voters when it becomes apparent that assistance is required to get things done on Election Day? Put differently, will it amount to partisanship and interference in the electoral system to offer assistance to voters and election authorities when such assistance will enhance confidence in, and the integrity of the process? I believe that this poses a big challenge to domestic elections observers and at the same time points the way to a different form of engagement for domestic election observers. What is Free and Fair Elections? The debate as to the exact content, context and meaning of free and fair elections is still an ongoing one. The debate as to the locus of domestic and international observers to declare a particular election as free and fair is still a subject of contestation. The best definition of the terms “Free and Fair” – which includes the identification of the key electoral principles and mechanics, and be found in a publication by the International Institute for Democracy and Electoral Assistance (International IDEA), entitled “The Future of International Electoral Observation-Lessons Learned and Recommendations. In the “Checklist for Election Assessment”, the definition of each of the teams “Free” and “Fair” are subdivided into three time periods-before polling day, on polling day and after polling day. A brief overview of the checklist indicates that “Free” deals mainly with rights, which need to be evaluated for the most part before polling day; and “Fair” focuses mainly on the mechanics before, during and after polling day. Furthermore, in a publication by the International Institute for Democracy and electoral Assistance (International IDEA) on determining involvement in International Election Observation based on the outcome of a Roundtable held in Stockholm on International Election Observation, there was a general agreement that “election evaluations conducted by observer groups should consider the entire electoral process and not simply cover the final polling phase. This does not necessarily require a permanent presence in the country throughout the electoral period but does necessitate a careful analysis of information and data complied by key informants (international and domestic observer groups, political parties etc) during the registration, campaign, and other pre-electoral stages”.¹ “The European Parliament Committee on Development and Cooperation’s Opinion of 9 January 2001, in conjunction with the Session Document of 14 February 2001, stated ‘that there are inherent difficulties with the use of the word ‘free and fair’ as a verdict on an election, and that other criteria should be included before an election is declared as having been in accordance with democratic standards”. Similarly, the Handbook for EU Election Observation Missions does not employ the term “free and fair”, which has often been used as a sound bite for narrow assessment of an election process. The handbook emphasizes the concept of “genuine elections”, to underline the broad criteria that must be taken into account when judging whether an election is to be considered a meaningful reflection of the will of the electorate”. The New Partnerships for Africa’s Development (NEPAD) of which the President of the Federal Republic of Nigeria is a prime mover commits the whole of Africa, including Nigeria to “respect the global standards of democracy, the sore components of which include political pluralism, allowing for the existence of several political parties and workers unions, and fair, open and democratic elections periodically organized to enable the people to choose their leaders freely”. Having committed Nigeria to the standard of fair, open and democratic elections, can the 2003 elections as well as the Local Government Elections conducted in most states in 2004 pass the test of having enable the Nigerian people choose their leaders freely and fairly? The integrity of the electoral process is a combination of so many variables that intersperse all aspects of the electoral process. The failure of one aspect may adversely affect the other variables and distort the characterization of the process as free and fair. Free and fair elections are also standards, which nations and observers have set for themselves and peoples and nations strive to attain those standards. It is not a static concept but a concept that is flexible to accommodate the developmental realities of particular countries in terms of the level of the development of the political culture, technology and infrastructure. It also encompasses the strength of political and democratic institutions and the civil society. There is therefore difficulty in situating this concept and agreeing on its ingredients and constituents. Using the yardstick offered by this definition, it is clear that no international observer group would in all honesty declare a process as having been free and fair based on having moved around polling stations for just a week or more. It is the domestic observers that are based in the country and who follow the electoral process on a day-by-day basis that will keep abreast of its nuances and dynamics. They are the ones that follow the campaigns of political parties, the performance of the mass media, the work of the electoral commission, the nomination processes of the political parties, the registration of political parties and the interface between the work of the Executive, the Legislature and the Judiciary. A combination of all these placed within the context of the history and experience of each country determines whether an election can be said to be free and fair or substantially free and fair or marginally free and fair and or representing the genuine wish of the people of a particular country. Even at that, domestic observers have their own difficulties and challenges that stand in the way of the validity and legitimacy of their work and the verdict they render in terms of a particular election. The way they handle these and other variables is also important in assessing the credibility of their work and their moral and political authority in pronouncing an election as representing the genuine wish of the people. IFES in its report on the 1998 Local Government Elections in Nigeria adumbrated these facts when it stated as follows: While attention is often focused on international observation missions, in reality domestic observation provides for this level of scrutiny in the most meaningful way. The importance of allowing access for informed domestic observers throughout the process and at the point of registration, voting and results declaration cannot be overstated. Domestic Observers can provide coverage of many polling stations on Election day; International Observation is limited in outreach due to the size of the delegations. The reach of Domestic Observers can be seen from the breakdown of the accredited observers during the 1999 general elections. The Independent National Electoral Commission accredited about 15,283 domestic and international observers in the following order: International observers 703, International Press1283-Domestic Observers-14, 008 and Local Press -242. International Observers must therefore pay close attention to the pre-election work and observations of domestic observers groups. They must also make efforts to empower domestic observer group through technical and logistics assistance. This is because; the strength of International Observer reports depends to a large extend on the strength of domestic observer groups. If domestic civil society groups are weak, no among of international propaganda will make the domestic front ungovernable for those that steal the will of the people. Furthermore, Nigeria and African domestic observers groups must come up with African based checklists and indices of determining whether an election has been free and fair and or representing the genuine wish of the people of a particular country. Domestic Observers must agree n an acceptable standard for distilling the will of the people. Is it when there is full of substantial compliance with electoral rules and regulations that an election can be said to be free and fair? Or is it when there has been marginal compliance with electoral rules and regulations that an election can be said to represent the will of the people? Or it when there is borderline compliance with electoral rules and regulations that the results would be acceptable. The characterization of an election as representing the genuine wish of the people of Nigeria and Africa must strive towards compliance with international and regional standards. It must not necessarily compete or measure up to the standards of developed countries and democracies. Allowances can be made for some unavoidable imperfections and difficulties associated with lack of finance, poor communication facilities, technological backwardness and the literacy level in a particular society. These inadequacies are not an excuse to engage in wholesale and retail rigging or an excuse for irregularities deliberately perpetrated to circumvent the will of the people. These electoral variables do not act alone but are conditioned by the electoral geography of the different countries. The capacity, competence and independence of Domestic Observer groups’ impact heavily on the quality and credibility of the assessment and conclusions arrived in respect of a particular electoral process. The Training of Observers The Transition Monitoring Group trained all the Observers it deployed to monitor all the strands of elections conducted in 2003 and 2004. Prior to 2003, the TMG monitored the 1999 elections and the registration of voters and its leadership and garnered considerable experience and expertise in election observation. The TMG gave all the monitors stick instruction to maintain dignified impartiality in the course of their work. The reality of the situation some of the observers met during the practical monitoring and observation of the process forced some of them to make very difficult choices. The choice was whether to remain true to the ethical and professional observation of the electoral process ad only report the successes or flaws in the electoral process or bend backwards as people interested in the survival and sustenance of democracy by assisting election authorities in ensuring that the elections are credible and voters are able to cast their votes for their preferred candidates. Some of the monitors resolved the dilemma through unobtrusive assistance to Presiding Officers. Others out of a sense of perceiving importance and enthusiasm at seeing that that the process succeeds abandoned their primary responsibility of observation and assisted in identifying the names of voters on the register, inking of the fingers of voters, handing out of ballot papers, transportation of electoral officers and election materials, identification of fake and under age voters, counting of ballot papers and performing duties exclusively reserved for electoral officials. Some of the voters perceived the work of the TMG differently. Some saw the TMG as government representatives posted to the polling units to make sure that the elections are smoothly conducted. Others perceived the work of the TMG as those to assist in making up the shortfall in electoral personnel and could not understand why some of them will decide to stand aloof when they can help the process. Some of the political parties also saw the TMG as enemies of the process and interlopers preventing them form electoral frauds and electoral malpractices. Hence despite the training in electoral observation and the need to observe high ethical and processional standards, the electoral landscape and the organizational capacity and capability of the electoral authorities and patriotic instincts forced some observers to change course and no doubt compromise their neutrality and independence of action. Domestic Observers and Electoral Authorities must therefore resolve the challenge and dilemma of whether Domestic Observers operating in a developing and transitional society like Nigeria can in good conscience increase public confidence in the electoral process and encourage their participation by refusing to offer assistance to electoral officials and the voters when it becomes apparent that assistance is required to get things done on election day. Put differently, will it not amount to abdication of democratic responsibilities to refuse assistance to voters and election authorities when such assistance will enhance confidence and the integrity of the process? In other words, will domestic observers through a targeted system of electoral assistance not better serve the cause of democracy when such assistance becomes imperative? My answer is in the affirmative and domestic observers and electoral authorities must work out a mechanism that serves the interest of the people taking into consideration our history, geography and level of technological advancement. Alternatively, civil society groups must form and or create a truly election monitoring organ with clear mandate of monitoring the electoral process and giving targeted assistance to electoral bodies and authorities on a case by case basis while the TMG and other such organizations observe the electoral process and report only on electoral outcomes. Domestic Observers and the Identity Politics The different strands of trainings organized for Observers of the elections assisted them in acting ethically and professionally during the elections. All the Observers deployed by the Transition Monitoring Group subscribed to the oath of impartiality in their work and were strictly enjoined to pay attention to the issues adumbrated in their checklist. These things are done to guard against a situation where some observers will observe and allow their judgments to be tainted by religious, ethnic or political bias. We believed that these issues might not hamper the work of the TMG if adequate safeguards are put in place to check possible abuses. It will be foolhardy to pretend that some of these concerns did not manifest during the elections. The leadership of the TMG and its array or report writers did not use any information that was not verified by multiple sources. In areas where observers reported that elections did not take place, the leadership of the TMG used other sources to verify such assertions and conclusions. We excluded information that we could not verify. The reports capture the essence of TMG’s work namely, to protect Nigerian democracy from hagiographers and political mercenaries and present a balanced and objective report that will lead to improvement in the process of elections in Nigeria. The realities of ethnic and religious biases however are ever present in our circumstances and mere subscription to a document is not enough to extinguish ethnic and religious biases. Some of the observers signed up to monitor because they needed the small stipend. Others signed up to monitor because they believe in the work of the TMF. Others wanted to protest the votes of their communities from perceived ethnic and religious enemies and or political opponents. There are many things that are involved and it is left to the leadership of the organization to demonstrate a high degree of professionalism using clear and scientific methods at arriving at just conclusions on whether an election aggregates the genuine wish of the voters. Relationship with the Independent National Electoral Commission Prior to the 2003 elections, the Independent National Electoral Commission held exploratory meetings with selected group of civil society groups and organizations. It was during one of the meetings that the Independent National Electoral Commission mooted the idea of an expanded consultative meeting. The Consultative Meetings organized by the Independent National Electoral Commission helped in clarifying some vital issues relating to the electoral process. The meetings also helped in clarifying right and responsibilities of Domestic and International Observers. The Commission allowed civil society groups and organizations to make far-reaching inputs into the code of conduct for election observation and the rights and responsibilities of observers. The Consultative Meeting also helped in bridging the communication gap between the Observers and the Commission and this accounts for the smooth and orderly issuance of accreditation cards to domestic and international observers. Domestic Observer Groups reciprocated this gesture through a constructive appraisal of the work of the Commission. The TMG commended the Commission anytime there is an improvement in its work and offered suggestions in cases of difficulty. For instance in its Preliminary report on the Gubernatorial and Presidential Election, the TMG stated thus: The Independent National Electoral Commission appears to have overcome many of the logistic difficulties, which attended the National Assembly Elections in most of the polling centers in the country. In most of the polling centers monitored, election materials, polling officials and security personnel arrived the polling centers before 8:00am² prior to the consultative meetings, the relationship that existed between the TMG and the Electoral Commission was that of mutual suspicion and distrust. The suspicion still exists but a window of opportunity has been opened through the consultative meetings for the constructive resolution of issues. Relationship with International Observers The Transition Monitoring Group maintained a healthy relationship with all International Observers Missions in Nigeria. The TMG gave them guidance and briefing on the history, geography and politics of Nigeria. The TMG did strategize with them in the area of deployment of observers and the indices to be used in assessing Nigerian elections. However, in terms of planning, content and conclusions of its preliminary report, the TMG states unequivocally that its reports are unique and bears no resemblance to the report of any other domestic or international observer mission. The TMG engaged State Coordinators and report writers of high integrity and these accounts for the level of balance and objectivity exhibited by the leadership throughout the period of elections. The correlation in its observations and conclusions with that of International Observers show the level of work and expertise displayed by the TMG during this period. However, the government using dubious means presented domestic observers as mere appendages and mouthpiece of international observers. They gave the impression that domestic observers must tow the line of international observers and arrive at pre-determined conclusions based on those funding the observation. The heavy dose of propaganda saw domestic observers defending themselves against baseless accusations and also defending the credibility of their findings. The moment some of the international observers polled out, foreign governments stared sending congratulatory messages to the same government that the international observers described the process of their election as heavily flawed. This from of diplomacy only succeeds in demobilizing domestic observers and civil society groups at fighting electoral frauds and malpractices. The Way Forward The National Assembly, the Executive and the Independent National Electoral Commission must start now to prepare for the 2007 elections if Nigerians politicians do not frustrate the process before then. Two critical areas that must be addressed are the Review of the Constitution and the Electoral Act. The contentious parts of the Act have been pointed out in the reports of the domestic and international observers. The Independent National Electoral Commission should therefore organize a consultative forum of all stakeholders to deliberate on the contentious and problematic portions of the Act. Thereafter, the National Assembly must organize sincere and credible public hearings on the bill. Conclusion |
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