From those Voted into Offices to those who vote them: A Need for A Shift in the Discourse in Liberia’s Post-Conflict Democracy Building

Liberia National Elections Commission Voters' Education 2011

Introduction

On 10 September 2013, I had the opportunity to make a presentation at a seminar organized by the Nordic African Institute in Uppsala, Sweden under the theme ‘Liberia Pilot Seminar’ in which some Swedish actors with interest in Liberia had the opportunity to reflect on among other things, the democratic landscape in the post-conflict country.  Dr. Anders Themner, Senior Researcher at the Nordic African Institute made an interesting presentation on the topic ‘Warlord Democrats: The Security Effects of Integrating ex-Military Leaders into Electoral Politics’. This addressed preliminary findings from a multi-country study looking at the role of warlords or ex-military in electoral politics from context such as Burundi, Sierra Leone, DRC, Guinea-Bissau, Liberia, Mozambique, Nigeria, Rwanda and Uganda. Dr. Themner indicated that the focus on ‘warlord democrats’ was necessary as they represent a resourceful elite, often having a loyal constituency and control over informal military power[i].

While this was not specific to Liberia, I found the notion of ‘warlord democrats’ particularly relevant for Liberia, a country where the transitional justice process has largely stalled. A ruling from the Supreme Court nullified recommendations by the Truth and Reconciliation Commission to ban for 30 years, certain individuals, some of whom where former warlords from participation in elected and public office. The recommendations for a judicial procedure for those accused of ‘gross violations of human rights, violations of international humanitarian law, and egregious domestic crimes[ii]’ has yet to be effected. As a result, former warlords do play important role in electoral politics in Liberia.

In my presentation to the seminar, I focused on the question of how strengthened rules of democracy can mitigate the influence of former warlords in electoral politics in Liberia. In Collier’s the Bottom Billion, he notes that democracy is not about elections only, but that ‘rules of democracy determine how power is achieved and other rules limit how power is used’.[iii] These two rules provided the framework for my presentation, to which I added a third – rules that assure continuity of public services during periods of political transition. pecal transition.

Who are the voters in post-conflict Liberia?

The National Elections Commission, the body responsible for elections administration in Liberia reported that approximately 1.8 million persons registered to vote in 2011 with 51% male and 49% female. Young people between the ages of 18-32 years made up the highest single voting bloc, comprising 55% of the total registered voters. The county of Montserrado, which hosts the nation’s capital, Monrovia had the highest number of voters geographically, comprising 35% of all registered voters.  The second highest geographical voting bloc was Nimba County constituting 13% of the total registered voters, followed by Lofa and Bong counties each with 9% of registered voters respectively. This means that the four counties of Montserrado, Nimba, Lofa and Bong counties constitute approximately two-thirds of all voters in Liberia. The other 11 counties that comprise the 15 administrative sub-division of Liberia made up the remaining one-third of voters.[iv]

The rule on how power is achieved

The requirement for free, fair and  credible elections forms the basis for how power can be achieved in Liberia guaranteed both  through Liberia’s domestic legal regime and its international obligations. According to Article 1 of the Constitution of Liberia ‘all power is inherent in the people.’ In the spirit of democratic governance, ‘the people shall have the right at such period, and in such manner as provided under this Constitution, to cause their public servants to leave office and to fill vacancies by regular elections and appointments.’[v]

The right to vote is also a fundamental human right enshrined in the Universal Declaration of Human Rights. Article 21 of this Declaration recognizes the ‘will of the people’ as the ‘basis of the authority of government’ to be expressed through ‘periodic and genuine elections which shall be by universal suffrage’.  In addition, Article 25 of the International Covenant on Civil And Political Rights recognizes the right of every citizen ‘to take part in the conduct of public affairs, directly or through freely chosen representatives’ and ‘to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.[vi]’

At the African continental level, Liberia is obligated through pro-democracy norms institutionalized by regional bodies such as the African Union and ECOWAS, to which it is a member.  For example, the Constitutive Act of the African Union among other things emphasizes good governance, popular participation, the rule of law and human rights[vii]. In addition, the AU adopted the African Charter on Democracy, Elections and Governance which gives importance to the notion of the ‘supremacy of the constitution in the political organization of the state[viii]’ and the requirement for ‘regular holding transparent, free and fair elections and to maintain constitutional order’.

In practice, lengthy tenure, fewer elected positions and weaknesses in the elections management regime present clear challenge in meeting the spirit of the above requirements.  The President and Vice President of Liberia are elected for six years tenure, with a term limit of two terms. The members of Liberia’s lower house are elected for six years tenure, with no term limit. Though in the initial elections, 15 of the members of the upper house have 6 years tenure, in general, members of the Senate are elected for nine years tenure with no term limit.

 In total,  there are 105 elected positions in Liberia government including the President, Vice President, seventy three members of the lower house and 30 members of the upper house. Article 54 (d) of the Constitution of Liberia requires for the President to appoint and commission, with the consent of the Senate ‘superintendents, other county officials and officials of other political sub-divisions.’[ix] In practice this includes county superintendents, assistant superintendents, district commissioners, township commissioners, among others. Due to ambiguity in this particular clause in the Constitution, the President in practice appoints City Mayors and members of city councils. The constitution does not require for elections of any member of the Judiciary branch of government.

 The civil war also limited voting frequency. Since the introduction of the 1986 Constitution, only three elections were held (1997, 2005 and 2011).  It was almost a century since the country's founding when in 1948 women were accorded the right to vote, a right first exercised by them in 1952[x].

 Requirements to safeguard the integrity of the electioneering process must be given priority. The African Charter on Democracy and Elections require under Article 17 for the establishment and strengthening of ‘independent and impartial national elections bodies responsible for the management of elections’ and the need to improve elections credibility through conducive environment for independent and impartial national monitoring or observations mechanisms.

 Weakness in the elections management system, poor enforcement of existing laws result to such practice as underage registration of voters, vote buying, large number of invalid votes due to poor understanding of the voting process. Every vote that is determined as invalid because of mistake made in how it was cast, is a person disenfranchised indirectly from exercising voting rights.

Landmark changes need to occur in number of important areas such as the need to reduce tenure, to increase the number of elected persons especially at local and municipal level to strengthen the rules on how power is achieved. In addition, where important progress has been made, such as the imposition of Presidential term limit, they should be maintained.  In summary, strengthened rules governing how power is achieved can provide fairer competition and the right environment for issue based debates on different alternative policies to reduce potential for conflict and violence which usually provide the bases for former warlords or ex-military to manipulate electoral politics.

The rules that limit how power is used

The principle of separation of power is an important requirement to limit how power is used. Article 3 of the Constitution of Liberia provides that ‘consistent with the principles of separation of powers and checks and balances, no person holding office in one of these branches shall hold office in or exercise any of the power assigned to either of the other two branches except as otherwise provided in this Constitution.’ This principle calls for an accountable and independent legislature and judiciary branch of government to serve as a counter- balance to the executive. Article 3 (5) of the African Charter on Democracy and Human Rights provide additional recognition to this important principle.

Decades of autocratic rule, many years of civil war has weakened the institutional capacity of the legislature and the judiciary branches of government.

Citizen’s participation in the democratic process should not stop with the exercise of voting rights. Citizen’s participation should be broad, inclusive, genuine and meaningful. Leading reform from the bottom up require lot more than token citizens’ input. Resources, tools, expertise and time need to be factored into the equation particularly to overcome such challenges as poor accessibility to rural communities, low levels of literacy, and consideration for disadvantage groups. Participation is not only a means through which individuals and groups can claim their rights, it is a right itself and most importantly, it empowers people to take responsibility for their situations.

 Systematic isolation and marginalization of different groups has potential to foster conflict. Burton avers that conflict does not arise as a result of conflicting interests, but as a result of unmet needs. These unmet needs such as identity, participation, collectivity, recognition, security and justice[xi] are non-negotiable. The relevance of ex-warlords and former military can increase in electoral politics when conflict risks increases. Individuals and groups search for ‘strong men’ to secure their non-negotiable needs. This correlation between electoral politics and conflict prevention is recognized in the African Charter on Democracy, Elections and Governance in a number of areas. For example Article 8 of said charter required state party to ‘eliminate all forms of discrimination, especially those based on political opinion, gender, ethnic, religious and racial grounds as well as any form of intolerance.’

 The African charter on democracy, elections and governance in Article 3 addresses other important conditions necessary to enable citizens to limit how power is used. These include the requirement for the respect for human rights and democratic principles, condemnation and rejection of acts of corruption and impunity, strengthening political pluralism and recognizing the role, rights and responsibilities of legally constituted political parties, including opposition political parties.

 Additionally, it is important that citizens have possibilities to hold public officials accountable for their actions or inaction, especially in the bridge of constitutional rights. Article 26 of the Constitution of Liberia states ‘anyone injured by an act of the Government or any person acting under its authority, whether in property, contract, tort or otherwise, shall have the right to bring suit for appropriate redress[xii]’ The Constitution of Liberia requires that all such suit brought against the government of Liberia must originate in a Claims Court, such court has yet to be constituted. In addition, Article 90 of the Constitution of Liberia requires the Legislature to prescribe a Code of Conduct for all public officials and employees. In 2008, the President in her annual message to the legislature urged the 52^nd legislature to pass into law ‘the Code of Conduct Act.[xiii]

 Civil society in Liberia has an important role as advocate and watchdog to the State and to make demands for better and sustainable governance. Civil society is crucially positioned to support norm forming around democratic principles reflective of their own practices by embracing diversity, pluralism, gender equality and human rights. Civil society can enhance their capacity to influence governance by optimizing the possibilities to coalesce around common issues thus increasing the force of their advocacy.

 In addition, it is important to strengthen the role and influence of ‘integrity institutions’ such as the General Auditing Commission, the Liberia Anti-Corruption Commission and the Independent National Commission for Human Rights to safeguard citizen’s trust in governance processes. These institutions should be supported to deliver their respective mandates effectively, free of undue political and other influences.

 The rules that assure continuity of services during periods of political transition

Elections frequency will necessitate increase periods of transition from on elected administration to the other. It is important that rules to guarantee smooth transition are in place. Such rules should focus on accountability and continuity in the functioning of the core business of State during these periods.

 By political transition I refer simply to the process of change from one elected administration to the other, through elections. It can also refer to the change in the political leadership of a State Institution.

 It has been recognized that professionalized civil service is integral to Liberia's democratic progress. People in Liberia's civil service fulfill important function that transcends politics. As Liberia's democracy matures, it will be clear that certain basic pre-requisites for development should become a matter of cross party consensus. That children should be in school, have access to safe drinking water, that no child go to bed hungry, that roads lead to markets. These things should remain in the domain of technocrats given greater responsibilities within strengthened and accountable institutions.

 Citizens should be assured, that during period of political transition, regardless of which the eventual winner will be in the case of elections, that these basic requirements will be met, because rules to guarantee smooth transition are in place.

 Conclusion

Liberia has fewer lessons to learn from its past in terms of democracy building. It is fair to say that a sustained democratic culture is yet to be fully anchored. Yet, new glimmers in the form of pro-democracy measures and institutions offer hope for the future. The frequency of voting is expected to increase if tenures are reduced and term limit remain imposed for the Presidency. The number of elected persons may also increase if the local elections are introduced. Liberia’s adherence to Constitutional order is guaranteed not only by its domestic legal regime, but also by its international obligations, particularly those related to emerging norms on the African Continent that eschew power achieved through unconstitutional means.

 Support to the democracy building should go beyond the elections. It should aim to strengthen the rules that address how power is achieved (elections), rules that limit how power is used, and those other rules that guarantee smooth transition from one elected administration to the other. Strengthened rules on how power is achieved can provide basis for fairer competition, reduce potential for conflict and violence and thus weaken possibilities for former warlords to manipulate electoral politics because of anxieties about how basic needs, for security and livelihoods will be met.  Strengthening rules that limit how power is used is equally important. Discrimination of particular groups or geographical regions can provide basis for conflict. Respect for human rights, condemnation of corruption and impunity, strengthening political pluralism, and recognizing the role, rights and responsibilities of legally constituted political parties, can reduce conflict potential.

Charles Tye Lawrence lives and works in Liberia

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[i] Presentation by Dr. Andres Themner on 10 September 2013 at the Liberia-Pilot Seminar in Uppsala, Sweden

[ii]‘ Beyond the Truth and Reconciliation Commission: Transitional Justice Options in Liberia’ 2010 (page 18) a report by the International Center for Transitional Justice

[iii] Paul Collier writing in his book the Bottom Billion (page 44)

[iv] Official 2011 Voter’s Roll by the National Elections Commission of Liberia www.necliberia.org/info/php  viewed 2014.03.19 at 09:20

[v] Article 1 of the 1986 Constitution of the Republic of Liberia

[vi] Article 25 (a and b) of the International Covenant on Civil and Political Rights to which Liberia is a State Party having signed in 1967 and ratified in 2004 said Covenant.

[vii] AU Constitutive Charter

[viii] African Charter on Democracy, Elections and Governance (Chapters 6-9). According to the African Commission on Human and Peoples Rights, Liberia signed signed said Charter on 18/06/2008, pending ratification. http://www.achpr.org/instruments/charter-democracy/ratification/

[ix] Constitution of the Republic of Liberia Article 54 b

[x] Guannu, Joseph ‘A Short History of the First Liberian Republic ’ (2000)

[xi] See Porto, J. ‘Contemporary Conflict Analysis in perspective’ in which International conflict resolution: Theory and Practice, E Azar and J Buron (eds), Lynne Rienner Publishers, England, Boulder, CO, 1986 was cited as original source.

[xii] Article 90 ( c) of the Constitution of the Republic of Liberia

[xiii] In March 2014, a Code of Conduct has finally been enacted into Law.

The Rain after the Drought: Why the Deluge of International Assistance should not Sap Community ownership and initiatives.

Monrovia: October 3, 2014

Not so many years ago, I was part of a team monitoring and preparing humanitarian interventions to address the effects of drought in a certain region in eastern Africa. In our meeting room in London, we assessed the needs based on the latest information; our goal was to preposition lifesaving supplies and experts for rapid deployment. Then news about the rains emerged. This I greeted with optimistic fists. The crops will emerge again, waterholes will be filled, and the cattle will have their grazing fields.

The communities that have lived through several experiences of drought were less enthusiastic, members of the response team that had worked in drought affected regions were cautiously optimistic. Their experiences told them something that we would later come to understand.  

The caked earth could not absorb the deluge of rain. Where there was once an absence of water, it poured in abundance. The drought was followed very easily by a flood. The response paradigm had to be adjusted, luckily the same life saving supplies were needed. More water purification pills where added.

In Ebola-hit Liberia, the international call to assist has been answered with supplies, personnel and funds. Writing for the VOA, Lisa Schlein anchored the magnitude of the international assistance ‘a number of countries are sending thousands of doctors, nurses, technicians and support to West Africa. The United Nations has approved a one billion dollar response plan[i]’.

Yet local people know that pledges take time to materialize into reality and the situation on the ground even dictates that much more is needed so that intervention exceeds need.

The deluge of international assistance can have inadvertent effects on local initiatives and efforts. A local group,  ‘Girls As Partners’ in a  community near Monrovia had undertaken at their own expense awareness raising while providing sanitary products for hand washing.  As news about international assistance poured in, community perception and reaction to the group’s intention and initiative was questioned. Where they once received cooperation, they faced doubt from local residents.

Schools all across Liberia are close. The idea of bringing kids together in one place to organize events is discouraged. Yet the creative insight of one woman in her local community has pioneered the idea of school kits to be distributed into homes. Initial supplies for the kits were mobilized through donations from the local community.[ii]

Another community resident has provided cash relief to teachers, especially those employed with private schools. Most private schools are unable to meet their wage bill due to school closure since revenue is tied to tuition and other fees pay by the students[iii].

Many communities around Monrovia fund raise to provide food, water and basic supplies to families placed under voluntary isolation for the 21 days required as the incubation threshold for the virus.

A senior official of the Liberian government acting in his private capacity has mobilized local residents to clean rubbish from the beach in the vicinity of a hotel that accommodates aid workers. His effort was motivated out of a need to show appreciation to the foreign guests.

A Liberian doctor visited residents of his local community distributing gloves as protective gear to apply at home, if they are to touch a sick person.

A local group has mobilized resources through Liberians in the diaspora to provide financial assistance to persons who have survived the Ebola virus disease. These persons return to communities where most of their personal belongings may have been destroyed as a preventive measure.

The list of what communities and individuals are doing to assist with the task of stemming the virus spread is endless.

Another narrative is one that highlights notions such as community ignorance, disbelief, suspicion, fear, denial, stigma and misinformation. A problematize narrative that fails to lift the other important side of the coin. What are the community based systems and networks in Liberia doing, and how can they be assisted?

Communities all across Liberia has valuable irreplaceable capacities, understanding of the local contexts and better awareness of the risks they face.

Quoted in the Los Angeles Times, Tom Kenyon, Director of the US Center for Disease Control’s Center for Global Health drove the point home ‘I think the power of bringing this under control is in the hands of Liberians[iv].’

 Liberia is not yet a caked parched earth unable to absorb the deluge of assistance. This is the case because much more assistance is still needed on the ground in terms of personnel, supplies and logistics. The time horizon between financial commitment and actual delivery means most pledges are yet to hit the ground. But down will come this deluge of assistance. It will be important that such assistance targets and support community based efforts, that the core underlying deficits in the health care system that has been exposed by Ebola will be addressed, and that better waste disposal and more investment in water and sanitation interventions will be collateral benefits not to measure the economic and other social consequences.

Charles Tye Lawrence lives and works in Liberia and writes in his personal capacity.

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[i] Schlein, Lisa ’West Africa: Scientists Project Tens of Thousands of Ebola Cases’ Voice of America, Allafrica.com September 23, 2014.

[ii] Frontpage Africa ‘Woman Keeping Kids Engaged Under Liberia’s State of Emergency’ Septmeber 23, 2014

[iii] Ibid ’Liberia: District #6 Montserrado County Teachers Get Ebola Take Home Loan’ September 23, 2014

[iv] Los Angeles Times ’A Whisper of Hope in Liberia Fight against Ebola deaths’ October 1, 2014