IMPROVING INEC/ ELECTION OBSERVERS

RELATIONSHIP EVALUATION OF ACHIEVEMENT,

OPPORTUNITES AND OBSTACLES

BY MRS. IKWUNMA HALLIDAY

HOD, ELECTION MONITORING AND OBSERVATIONHOD, ELECTION MONITORING AND OBSERVATION

BEING A PAPER PRESENTED AT A CIVIL SOCIETY /

INEC DIALOGUE ON ANAMBRA STATE

GOVERNORSHIP ELECTION (MONDAY 9TH

SEPTEMBER, 2013) ORGANISED BY PLAC

BACKGROUND

• Importance of Election Observation in contemporary

democracies

• Democracy as a system of government has come to be

accepted globally as the most viable system of government

that among other things, provides not only for the welfare of that among other things, provides not only for the welfare of

citizens and guarantees their rights to participate in deciding

who governs them, but also confers legitimacy on those who

govern.

• There are many reasons attributed to the importance of

elections observation and some of them include the

following:

• Determining its impartiality in terms of organization and

administration

• The observation and monitoring of elections by

international and domestic observers also boost

confidence in the integrity and fairness of the electoral confidence in the integrity and fairness of the electoral

process

• When election observers evaluate and attest that the

elections were free and fair, this not only boost

confidence in the electoral process, but it also enhances

participation in the electoral process by the electorates.

• Election observation takes on the role of “a popular seal

of quality” to legitimize new governments

Pre 2011 Election Observation• Election observation is not new in Africa, since colonial

times

• Newly emerging opposition parties are often suspicious vis a vis the government or the ruling party, and the population insecure. Therefore, the presence of election observers helps to deter or at the very least, discourage electoral fraud.electoral fraud.

• In Nigeria, election observation by international organisations took root in the 1993 elections when the then military government invited international observers to witness the presidential elections

• In February 1999, more than 10,000 observers witnessed the election

• In February 1999, more than 10,000 observers

witnessed the election

• The elections of 2003, like the previous ones

were also witnessed by both domestic and

international observers. The pre-election international observers. The pre-election

conditions in 2007 were an improvement in

some aspects on the tense and violent build-

up to the 2003 elections.

Legal Framework• The existence of a legal framework is a requirement for all

democratic electoral processes.

• Nigeria being our case study, the 1999 constitution remains the

supreme legal framework; the Electoral Act being the primary and

subsidiary laws.

• Other legal instruments integrated into the scheme are the • Other legal instruments integrated into the scheme are the

international protocols, conventions and treaties to which Nigeria is

a party. These are at the level of ECOWAS Region, A.U at the

continental level and United Nations Charter.

Criteria for Accreditation of Election

Observers

• Domestic and International Observers shall

declare the names, addresses, occupation,

nationality of all the members of their group

as specified in the Accreditation form.as specified in the Accreditation form.

• If the Observers represent an organization, his

or her organization’s application shall provide

the following information a copy of its

constitution:

• affirmation that it has the capacity to carry out the intended

observation as regards finance and logistics;

• affirmation that the organization, its officials and proposed

election observers are impartial and non-partisan as regards

the whole election process;

• affirmation that the organization as well as its observers • affirmation that the organization as well as its observers

nominated by it, shall comply with lawful instructions issued by

the Commission.

• Obligation that the organization will furnish the

Commission, upon application or shortly after, with

names, national ID numbers, addresses and other

details of the proposed election observers in soft and

hard copies.

• The aforementioned provision shall also apply, as the

case may be, to foreign observers representing theircase may be, to foreign observers representing their

country.

• Observers shall affirm their commitment to

professionalism, independence, non-partisanship,

objectivity and respect for code of conduct

throughout the electoral process.

Code of conduct for accredited

observers

• Respect sovereignty and international human

rights.

• Respect the Laws of the Country and the

Authority of Electoral BodiesAuthority of Electoral Bodies

• Respects the Integrity of the International

Election Observation Mission

• Maintain Strict Political Impartiality at All Times

• Do not Obstruct Election Processes

• Provide Appropriate Identification

Code of conduct for accredited

observers cont’d

• Maintain Accuracy of Observations and

Professionalism in Drawing Conclusions

• Refrain From Making Comments to the Public

or the Media before the Mission Speaksor the Media before the Mission Speaks

• Cooperate with Other Election Observers

• Maintain Proper Personal Behaviour

• Violation of this Code of Conduct

• Pledge to Follow This Code of Conduct

INEC’S PERSPECTIVE OF ELECTION

OBSERVATION

• Section 153 of the 1999 constitution of the

Federal Republic of Nigeria, states that it is

only the Electoral Management Body – INEC

that can administer the conduct of elections, that can administer the conduct of elections,

which involves instructing pool officials and

directing the election process on Election Day

• The process of participation in Election

Observation goes through the following

stages:

• Application and Accreditation;

• Briefing and Kitting;

• Subscription to code of conduct;

• Deployment listing and plan; and• Deployment listing and plan; and

• Post Deployment De-briefing.

• These five conditions must be met by all

participating Observers of Election.

Compliance with guidelines

• Election observation is very critical and

sensitive, and as such, observers must be

willing at all times to conform to all provisions

of the existing legal frameworks and extant

rules and regulations.rules and regulations.

• INEC has always and will always continue to

make available the relevant documents for

election observation for both domestic and

foreign observers.

Reporting and Information Sharing

• The purpose of the report remains democratic

sustenance, national interest, security and

patriotism.

• INEC has continued to develop and put in place

proactive measures to guarantee that we have proactive measures to guarantee that we have

access to the reports of Observer missions as part

of the way and manner for securing the required

input for improving service delivery and facilitate

those electoral reforms that can be achieved

administratively.

Challenges• Non- submission of Reports by observer groups.

• Activities of unaccredited observer groups.

• Corruption and compromise by some accredited

observers.

• Seeking extra support from INEC

• Impersonation• Impersonation

• Use of Election day stickers

• Non-attendance to INEC’s briefings which seeks

to clarify a lot of issues on stakeholders

• There are rivals between observers and monitors.

Achievements• Training

• The current INEC has witnessed mutual engagement and cooperation

• INEC organised stakeholders engagement meetings in the States.

• The Commission introduced plastic photo identity cards and aprons for both domestic and foreign cards and aprons for both domestic and foreign observers

• INEC provided contact details of their staff on duty and area maps during the elections

• INEC has provided materials

• The appointment of desk officers in all the 36 States and FCT

Policy direction and recommendation

• Looking towards the future of Election Observation Mechanism in Nigeria, we intend to bring our discussion to a conclusion by offering directional roadmap which shall include the following:

• INEC should demand and receive from all prospective Observer missions, Election Observation and deployment plan as part of the application for accreditation.

• On successful accreditation Observer mission shall furnish INEC • On successful accreditation Observer mission shall furnish INEC with list of the Observers intended for deployment along with details of their person.

• Development partners and donors would be encouraged to support only missions that INEC as the responsible Government Agency has accredited.

• Election Observers should be made to function in no other way other than as designated by lNEC.

Conclusion

• INEC has shown every resolve and you can be

assured that through concerted efforts

international standards and best practices of

Election Observation will be guaranteed. Election Observation will be guaranteed.

Already, modalities to ensure those standards

are kept are in place. We hope we can count

on your support and cooperation.

THANK YOU