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2007 Assessment

Liberia: Integrity Indicators Scorecard

Liberia: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	In law, is there an election monitoring agency or set of election monitoring agencies/entities?	0
18	Is the election monitoring agency effective?	0
19	Are elections systems transparent and effective?	96

Indicator and sub-Indicator Details

In law, is there an election monitoring agency or set of election monitoring agencies/entities?

17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?

Score:

YES

Comments: The National Elections Commission (NEC) is the sole government agency responsible for conducting elections. There is no elections monitoring agency.

The NEC only administers elections, which is quite different from the business of monitoring elections. The commission relies on the reports of citizens, NGOs and international observers. During the conduct of the elections, monitoring of the commission's administrative work is carried out by supervisors and magistrates, but it is focused on whether employees are performing assigned functions, not to judge the overall conduct of the process.

References: National Elections Commission (NEC) New Elections Law of 1986 Section 2.9

Peer Review Comments: In part, yes, there is no institution established with the sole responsibility to monitor elections. But there are civil society groups such as the National Democrat Institute that tend to play this type of role.

Peer Review Comments: The National Election Commission (NEC) exists by law with a mandate to conduct, monitor and supervise elections. It is empowered to also report violations or abuses and investigate them.

Is the election monitoring agency effective?

18a: In law, the agency or set of agencies/entities is protected from political interference.

Score:

YES

Comments: There is no election monitoring agency, rather civic groups Coalition for Democratic Elections in Liberia (CODEL) and Campaign Monitoring Coalition (CMC) take up this responsibility as part of their civic functions.

References: New Electoral Law of 1986, Section 2.9 (p.14)

[ LINK ]

Peer Review Comments: By virtue of the Election law of Liberia, the president appoints members of the Election Commission and dismisses them based on "unofficial misconduct." This renders the election monitoring body politically vulnerable and subservient to the whims and caprices of the president and therefore compromises the independence of the Election Commission.

18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.

Score:

100

Comments: There is no monitoring agency.

References: Brezhnev Paasawe, monitor, Campaign Monitoring Coalition, Sept. 18, 2007, Monrovia, Liberia Dan Sayeh, \coordinator, Coalition for Democracy and Elections in Liberia, Sept. 18, 2007, Monrovia, Liberia

18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.

Score:

100

Comments: There is no election monitoring agency set by law, rather CSO groups are certified by the commission to do so.

References: Brezhnev Paasawe, monitor, CMC; Sept. 18, 2007, Monrovia, Liberia Macolm Joseph, Center for Media and Peace Studies, Sept. 18, 2007, Monrovia, Liberia

Peer Review Comments: Nepotism, sectionalism and sometimes tribalism are used as hallmarks in determining appointments.

18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.

Score:

100

Comments: There is no election monitoring agency. CSOs, the media and international groups monitor the conduct of elections.

References: Brezhnev Paasawe, monitor, CMC, Sept. 18, 2007, Monrovia, Liberia Macolm Joseph, Center for Media and Peace Studies, Sept. 18, 2007, Monrovia, Liberia

18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.

Score:

100

Comments: The National Elections Commission does not have the capacity to both conduct and monitor elections. Candidates and parties found in violation are fined, but parties and candidates suspected of committing criminal offenses have to be punished through the Ministry of Justice. Coordination of enforcement is very weak.

References: Brezhnev Paasawe, monitor, CMC, Sept. 18, 2007; Monrovia, Liberia Macolm Joseph, director, Center for Media and Peace Studies, Sept. 18, 2007, Monrovia, Liberia

Peer Review Comments: The Election Commission sets guidelines that regulate the conduct of the elections.The commission is clothed with the authority to fine offenders.

Are elections systems transparent and effective?

19a: In practice, there is a clear and transparent system of voter registration.

Score:

100

Comments: The voter registration process has been hailed to be credible and transparent, including photo I.D., bio data and a process of verification. Anyone can contest the registration of any electorate on just grounds.

References: Brezhnev Paasawe, monitor, CMC, Sept. 18, 2007, Monrovia, Liberia Alphanso Zeon, former secretary, Press Union of Liberia, Sept. 18, 2007, Monrovia, Liberia

Peer Review Comments: The registration for the 2005 elections

19b: In law, election results can be contested through the judicial system.

Score:

YES

Comments:

References: Article 83(c) of the Liberian Constitution

19c: In practice, election results can be effectively appealed through the judicial system.

Score:

100

Comments:

References: Macolm Joseph, director, Center for Media and Peace Studies, Sept. 18, 2007, Monrovia, Liberia Brezhnev Paasawe, CMC, Sept. 18, 2007, Monrovia, Liberia

Peer Review Comments: Indeed, Article 83 (c) mandates the Election Commission to submit within seven days of receipt of appeal to the Supreme Court.

Peer Review Comments: I have witnessed no case of such kind to the end. The last time any one was heard was after 2005 when Candidate George Weah and his Congress for Democratic Change to court on claims that the elections were rigged in favor of Unity Party's Ellen Johnson Sirleaf who's now president. George Weah and his party abandoned the case, with my knowledge on just that it's difficult for me to say redress can or cannot be found to electoral complaints.

Peer Review Comments: Probably, but the extent to which has not been tested as Weah never pushed forward with his complaints in 2005. One should also keep in mind that the capacity of the judiciary is weak.

19d: In practice, the military and security forces remain neutral during elections.

Score:

100

Comments: There have been three bye elections held, and the government has lost two of them. Opinion and observation suggests that the government security forces -- and police in particular -- exercised no bias in the pursuit of their duties or in favor of any candidate. This may be either because the government has no firm control over the situation or that the process was so arranged that they could not have exercised any influence.

References: Norris Lester Tweah, apecial assistant to the minister, Ministry of Information, Sept. 18, 2007, Monrovia, Liberia Brezhnev Paasawe, Monitor, CMC, Sept. 18, 2007, Monrovia, Liberia

Peer Review Comments: I agree with the score and want to add that Liberians have yet to see the independence of their national security, since it is still being supervised by the UN mission here.

Peer Review Comments: I think this was because the government yet has no substantially established security control of the the interior. It's still the UN Mission in those areas and they would preferrably remain neutral in keeping their role as peace keepers.

19e: In law, domestic and international election observers are allowed to monitor elections.

Score:

YES

Comments: During the elections of 1985, no observers were allowed in polling places, and the New Election Law of 1986 built on this bad precedent.

References: Section 13. Observers of Electoral Reform Law of 2004 deleting Section 4.10 of New Election Law of 1986

Peer Review Comments: To outrightly say that no observers were allowed in polling places during the 1986 elections is far from the reality.They were allowed, except that their presence, recommendations or findings meant nothing to the incumbent, who rigged the elections. Adherence to the candid observation of international observers depends on the political will power of the incumbent. If the incumbent is a contestant and he/she truly believes in the democratic process, he/she will take cue from the observers findings and ensure that the Election Commission probes into the concerns of the observers. During the 2005 elections, there were many international observers here. They were given unhindered access to polling centers.

Peer Review Comments: With International Supervision of the 2005 elections, local and international monitors were allowed to monitor the process.

19f: In practice, election observers are able to effectively monitor elections.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Election observers have unfettered access to polling sites, counting stations, and voters themselves. The government does not interfere with the observers\' activities. <p>50 Score Criteria: Election observers generally have access to polling sites, counting stations, and voters but encounter restrictions in certain areas. The government may impose burdensome regulatory or bureaucratic requirements on observers to discourage their involvement. <p>0 Score Criteria: Election observers\' movements are significantly limited by the government and many polling and counting sites are restricted or barred from observers. The government imposes so many bureaucratic or regulatory burdens on the observers that their mission is rendered ineffective.$

Comments: Many domestic and international observers monitored the polling of 2005 and have continued to monitor bye elections effectively and without molestation.

References: Dan Sayeh, Coalition for Democracy and Elections in Liberia, Sept. 18, 2007, Monrovia, Liberia Macolm Joseph, director, Center for Media & Peace Studies, Sept. 18, 2007, Monrovia, Liberia