Transcript Document

GEO’2013 SEOUL
THEME: SUSTAINABLE ELECTORAL PROCESSES,
STRENGTHENED DEMOCRACY
PRESENTATION ON: UNDERSTANDING ELECTORAL VIOLENCE AND SECURITY:
HOW TO MITIGATE RISKS TO THE ELECTORAL PROCESS
PRESENTED BY: MR. AHMED ISSACK HASSAN, EBS
CHAIRPERSON
ORDER OF PRESENTATION
A. INTRODUCTION
B. MANAGING ELECTIONS: KENYA CASE
C. CHALLENGES FACED
D. LESSONS LEARNT
2
Independent Electoral and Boundaries Commission
A. INTRODUCTION
 Today we are all alive to the Electoral reforms in the recent past
that Kenya has undergone after the 2007/2008 electoral
violence.
 It has been argued that the commencement of violent hostilities
witnessed at the time was a typical reflection of existing social
cleavages, a weak institutional and legal framework of the
electoral system.
 Today ladies and gentlemen opportune us to continually
interrogate and exchange with each other views and determine
practicable solutions in the broad areas of Election Violence and
Security.
 Worth noting though is that non-violent transformation and the
consolidation of lasting peace require prolific, varied, innovative
and often creative approaches to building cultures of dialogue.
3
Independent Electoral and Boundaries Commission
Introduction……(conti)…
 Electoral violence in Kenya, and Africa as a whole, has been
attributed to the lack of a democratic culture. This was evident
during the pre-election phase to the 4 March General Election
when political parties held chaotic nominations. Though postelectoral peace is holding for the moment, the thorny tribal
politics in Kenya remains a tortuous and volatile business.
 To this end, Kenya has made several reform measures and put
in place, structures particularly aimed at addressing and
preventing the general situation of insecurity such as preelection violence; Election Day and post-election violence; intercommunal and resource-based conflicts; and conflicts arising
from fierce contestation for political power.
4
Independent Electoral and Boundaries Commission
Introduction……(conti)…
 In addressing such factors of mitigating risk in an electoral process, three
crucial clusters cannot be ignored. They include:
• Improved Electoral Security – this points to specific electoral
security measures which can be undertaken throughout the electoral
cycle to protect electoral actors, events, facilities and materials from
violence.
• Improved Peace Architecture – points to different strategies that
can be used by other state and non-state actors to mobilize civil
society organizations (CSOs), traditional and religious leaders,
reputable individuals and other organizations and individuals with
capacity contribute in defusing election-related tensions.
• Improved Electoral Management and Justice – points to specific
electoral planning, implementation and dispute resolution strategies
that can be used to avoid controversies and technical flaws in order
to minimize the potential for violent outbreaks.
5
Independent Electoral and Boundaries Commission
Introduction……(conti)…
 The Independent Electoral and Boundaries Commission of
Kenya in its reform agenda employed this clusters as an action
plan in its specific electoral phases which included:• Legal and Institutional Electoral Framework,
• Planning and Preparation for Implementation of Electoral
Activities,
• Training and education,
• Registration of voters, political parties and election
observers,
• electoral campaigning
• voting operations,
• election results announcement,
• post electoral phase
6
Independent Electoral and Boundaries Commission
B. MANAGING THE ELECTIONS: KENYA CASE
Legal and Institutional Electoral Framework
• Promulgated a new Constitution establishing the Independent
Electoral and Boundaries Commission with Fresh mandate.
• the Commission would spearhead the drafting and
implementation of relevant electoral legislations that would
address among others the national consensus on an
appropriate electoral system which takes into consideration
advantages and disadvantages of different design options.
They included:- the Elections Act; Political Parties Act;
Leadership and Integrity Act.
• The law was also to Assign clear electoral security
responsibilities to different security sector and government
agencies and
• Define collaborative mechanisms and information exchange
with electoral management bodies and other relevant agencies
and citizens’ groups.
7
Independent Electoral and Boundaries Commission
Managing the Elections: Kenya case . Conti…..
 Planning and Preparation for implementation of the
electoral Activities
• Delimitation of boundaries- As part of fulfilling its mandate,
the Commission completed its exercise in creation of
additional constituencies and county assembly wards
boundaries.
• Electoral timelines- Developed electoral timelines
synchronized with provisions of law and engaged different
stakeholders
• Voter registration-The Commission established a
Biometric Voter Register, and conducted a successful
Voter Registration campaigns and sensitization through
various means this saw over 86% of eligible voters
successfully registered.
8
Independent Electoral and Boundaries Commission
Managing the Elections: Kenya case . Conti…..
• Voter Education- the Commission laid out a successful voter
Education Framework through out the Country by launching a
voter education programme with four publications Voter
Education Curriculum, the Voter Education Training Manual,
Gender Guide to the Constitution of Kenya and the Handbook
on Elective Positions. Also Massive campaigns were also
conducted on peace and elections.
• Security-Several reform measures were put in place, to
address and prevent the general situation of insecurity before
election; Election Day and post-election; inter-communal and
resource-based conflicts; and conflicts arising from fierce
contestation for political power.
• The Commission worked closely with security agencies to
strengthen security during the voter registration exercise.
9
Independent Electoral and Boundaries Commission
Managing the Elections: Kenya case . Conti…..
 Training And Education
• Training of electoral officials conducted was conducted in
all regions on electoral preparedness and voter
registration processes
• Training conducted on all members of the SPFE under
the National Training for Election Security Arrangement
Project (NTESAP) and Synergy between IEBC and police
gave security priority.
• all non-state actors which cooperate within the ‘electoral
peace initiative framework’ were made familiar with
electoral processes including timelines, procedures and
operational details through EMB provided training and
documentation.
10
Independent Electoral and Boundaries Commission
Managing the Elections: Kenya case . Conti…..
 Registration of voters, political parties and election
observers
• Over 25,000 Registration Centers established across the
country making it easily accessible to voters
• The Commission used community radio to keep the public
informed on when and where registration exercises would
be taking place within the Ward.
• With the introduction of a Short Message Service (SMS)
verification process and through provisional lists displayed
at the registration centers registrants would verifying their
registration details at their convenience.
• The Commission would conducted hearings to disputes
arising from the political parties Nominations after which
Commission would gazette final list as mandated by Law.
11
Independent Electoral and Boundaries Commission
Managing the Elections: Kenya case . Conti…..
• Voter educators in constituencies were recruited to assist
in sensitizing the public on the importance of participating
in the electoral process.
• Public involvement into appreciating and understanding
the electoral process was conducted.
12
Independent Electoral and Boundaries Commission
Managing the Elections: Kenya case . Conti…..
 Electoral Campaign
• The Commission maintained close collaboration with the
security sector agencies through the national Joint
Operation Centre during the campaign period.
• The Commission would invite aspirants and take them
through the requirements during campaign periods.
• The Commission under its mandate would cooperate with
the prosecutor’s office, media regulatory agencies and
other institutions to ensure that those responsible for
violations of campaigning rules and regulations and
instigation or perpetration of conflict and violence are
sanctioned.
13
Independent Electoral and Boundaries Commission
Managing the Elections: Kenya case . Conti…..
 Voting Operations (election day)
• Voting stations scheduled to open in time apart from few
areas were infrastructure was challenging.
• Voter turn out was a good thing and bad thing at the
same time as it put the Commission under pressure to
conduct 6 Elections in one day. The Commission may
consider how to effectively manage the Six elections in
one day under operation managements;
• Future consideration on legal amendments to stagger the
Elections and introduction of early voting.
• Early security deployed during the election but was
challenging in terms of number.
• ensured flow of information despite the challenges
14
Independent Electoral and Boundaries Commission
Managing the Elections: Kenya case . Conti…..
 Election Results Announcement
• Is essential that if an electronic results transmission
system is to be used again the system must be
adequately tested to ensure its reliability.
• Management of outsourced services need to be done
professionally.
• Engagement of media in early stages of the electoral
process ensured adherence to guidelines for responsible
and ethical coverage of elections should be maintained in
the election period. All media houses were fed from one
streaming system to allow consistency in transmission of
results.
15
Independent Electoral and Boundaries Commission
Managing the Elections: Kenya case . Conti…..
 Post-Electoral Phase
• Critically evaluate implementation of the previous
electoral cycle in order to learn and strengthen
institutional capacity for the next elections.
• Initiate reforms needed to improve credibility of electoral
processes.
• Maintain close collaboration with other organizations
towards the next round of elections.
• Focus on the long-term approaches targeting structural
factors which have an impact on elections such as;
poverty; social and political exclusions; gender-based
discrimination and violence; disarmament, demobilization
and reintegration; organized crime; and human rights’
violations etc.
16
Independent Electoral and Boundaries Commission
C. CHALLENGES FACED
 Legal Framework:
• Delay in passing of key legislations by parliamentarians
and amendments watering down the IEBC role.
• Inadequate attention to regulation
• Watering down of crucial provisions.
• Cascaded effect on voter education and training
 Use of technology
• Belief that technology would solve the problems in the
electoral process
• Insistence on implementing multiple technologies
regardless of whether they solved the identified problem.
• Commission Implemented 3 major technologies in a single
election cycle and each new system carried a degree of
risk (No adequate time to test the technology).
17
Independent Electoral and Boundaries Commission
Challenges faced….conti…
 Data management:
 With the massive number of Contestants, managing the ballot
papers was another challenge to the Commission. There
1881 contested positions i.e.
• 1- President
• 47- Governors
• 290- Members to the National Assembly
• 47-Senators
• 47- Women Representatives
• 1450-County Assembly Ward Representatives
 Rising Security Concerns
 Six Ballots in one day
18
Independent Electoral and Boundaries Commission
KEY LESSONS LEARNT
 Voter Education
• there was a general perception that the entire election
period the IEBC had not devoted sufficient time and
resources to voter education.
• The incredibly high number of rejected and spoilt votes
may be traced to voter ignorance. Find ways for Voter
Education make it a continuous rather than an eventbased process.
• Need to separate Election operations with other
Election activities. This the Commission learnt was
different business all together. (i.e. Adequate resourcing of
the Electoral activities across the Country. Improve on the system
managing the queues and streams in polling centers: consider
treating each stream as a polling station to avoid congestions).
19
Independent Electoral and Boundaries Commission
Key Lessons learnt …conti..
 Voter turnout
• Was a good thing and bad thing at the same time as it
put the Commission under pressure to conduct 6
Elections in one day. The Commission may consider
how to effectively manage the Six elections in one day
under operation managements;
• Future consideration on legal amendments to stagger
the Elections and introduction of early voting.
 Diaspora Voting
• Diaspora voting is five times expensive more than the
National Elections. There is need to Intensify efforts to
provide for early registration of voters in the diaspora
and conduct elections for registered voters outside the
East Africa Region.
20
Independent Electoral and Boundaries Commission
Key Lessons learnt …conti..
 Policy Making
• There is need to develop policies in good time on
timelines for continuous voter registration; in future it
maybe necessary to pursue the integrated identification
system in collaboration National Registration Board and
other government departments?
 Legal Framework
• Need to amend legal framework on elections to provide
realistic timelines that do not jeopardize the
Commission's planning and conduct of elections.
• Campaign and advocate for party and Campaign finance
Law to be passed into law to ensure probity,
transparency and fairness in electoral financing.
21
Independent Electoral and Boundaries Commission
Key Lessons learnt …conti..
• The Commission will have to work with parliament to
ensure legislative process is in harmony with election
administration
 Early Electoral Timelines review
• The timeliness for last 90 days, critical in any election,
were reduced by amendment of electoral laws. There is
need for early review
• Voter registration, which was supposed to end 3 months
to the general election, was allowed to go on for another
month. Subsequently, the inspection of the register,
which was supposed to run for 30 days was undertaken
in 14 days.
22
Independent Electoral and Boundaries Commission
Key Lessons learnt …conti..
 Administratively:• The Commission will need to strengthen and improve the
format for compilation of voter register to make it more
user friendly.
• Engagement of media in early stages of the electoral
process ensured adherence to guidelines for responsible
and ethical coverage of elections should be maintained in
the election period.
23
Independent Electoral and Boundaries Commission
Key Lessons learnt …conti..
 Technology
• all tasks from setting up of the ICT system to testing
should be carried out in a timely manner to avoid last
minute rush.
• Is essential that if an electronic results transmission
system is to be used again the system must be
adequately tested to ensure its reliability.
• Management of outsourced services need to be done
professionally
24
Independent Electoral and Boundaries Commission
Thank You
Independent Electoral and Boundaries Commission
Address: University Way, Anniversary Towers, 6th Floor
P.O Box 45371 - 00100, Nairobi, Kenya.
Phone: (254) 020 2769000, fax: (254) 020 2219185
Email: [email protected], website: www.iebc.or.ke