The UN, US, UK, EU, and ECOWAS Must Resolve the Sierra Leone Electoral Stalemate

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By A. M. Savage | [email protected]

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The Sierra Leone Truth and Reconciliation Commission (TRC) declares that “Elections in Sierra Leone must never again be marred by fear and deception” (Volume 2, Chapter 3, Paragraph 323). Sierra Leone TRC - Download Report

There is greater significance to the words of the TRC report now than there was when it was first presented to the United Nations Security Council on October 5, 2004. On October 27, 2004, the General Assembly, ECOSOC, and Security Council all simultaneously launched the TRC report. This has significance in terms of symbolism as well as legal and ethical implications. As a result, Sierra Leoneans look to these institutions to continue serving as the moral guarantors of democracy and its institutions in their country. FINAL REPORT ON TEN-YEAR SIERRA LEONE CONFLICT PUBLISHED; SEEKS TO SET OUT HISTORICAL RECORD, OFFER GUIDANCE FOR FUTURE | UN Press

The TRC report also makes the point that pre-war elections were regularly rigged. Intimidation and violence were not uncommon during elections, frequently carried out by thugs working for party ‘bosses’ and fuelled by drugs (see Volume 2, Chapter 2, Page 31, Paragraph 59).

As a recommendation, the report emphasises the value of protecting the "Electoral Commission from executive interference" in Volume 2, Chapter 3, Paragraph 233. The report further urges the "national leadership” to “set the highest standards and place national interests above their own."

The beginning of the breakdown of multiparty democracy in Sierra Leone in 1967 is described in paragraph 11 of Volume 2, Chapter 1: "The elections of 1967 were marred by bitter power struggles based on ethnicity, personality, and party affiliation. Although the APC won the most seats, the leadership of the SLPP stoutly refused to concede defeat. The resultant standoff signalled a watershed in the political fortunes of the country and ultimately led to the destruction of the multiparty system.”

Critical challenges

The June 24, 2023, general election did not uphold any of the TRC report’s recommendations.

It is true that opponents of democracy put themselves first. They do not think working against the people's will is wrong. It is therefore not surprising to hear the trite saying, "The election's over; let us forget about it." On the contrary, the recent general election in Sierra Leone remains important in the minds of patriots for five reasons. First, the way the current impasse is resolved will serve as an example for other nations in the subregion.

Second, it is a serious violation of human rights to attempt to subvert the will of the people during an election. The right to vote in general elections is enshrined in Article 21 of the Universal Declaration of Human Rights. It states: “The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections, which shall be by universal and equal suffrage and shall be held by secret vote.” The "right to form or belong to any political party... for the protection of their interests" is guaranteed under Article 26 of the Constitution of Sierra Leone, 1991, as amended, enshrining the spirit of the Universal Declaration of Human Rights.

Third, it is more likely that those who gain political power illegally will face anti-democratic challenges to their authority. Grave human rights violations accompany non-democratic ways of attaining power. Rewarding widespread electoral fraud is, therefore, inappropriate.

Fourth, everyone who believes in the defence of democratic values in Ukraine cannot afford to ignore the threat to democracy in Sierra Leone, even if it comes from within the country.

Finally, the credibility and influence of election observers worldwide would be severely diminished if their reports were not worth their weight in gold.

Election observers’ mandate

It is sad that unscrupulous politicians have threatened and disrespected election observers. Nothing justifies this. Under both domestic and international law, election observation is appropriate and legal.

The African Union, the Commonwealth Secretariat, The Carter Centre, the Council for Europe, and the United Nations, among others, endorsed the Declaration of Principles for International Election Observation and Code of Conduct for International Election Observers on October 27, 2005. This document serves as the basis for international election observers' mandates. The Declaration states that "genuine democratic elections are an expression of sovereignty, which belongs to the people of a country, the free expression of whose will provides the basis for the authority and legitimacy of government.” 16935.pdf (osce.org)

Domestically, the Electoral Commissioner is the only person authorised to issue accreditation (also known as observer status) under the Public Election Act (PEA) of 2022. Their presence did not undermine the sovereignty of the host country. To put it plainly, Sierra Leoneans wished to have observers present at their elections. Any election observer is required to provide an "accurate assessment of the election," according to Section 164 of the Public Elections Act, 2022. Additionally, the observer is required to "demonstrate support for genuine democratic elections" and "contribute significantly to promoting public confidence" in the elections. Election observers are therefore required to uphold the integrity of the electoral process. Section 165 mandates that an election observer be accredited only if the electoral commission is thoroughly satisfied that the person or group will “promote conditions conducive to free and fair elections.” Section 167 requires accredited observers to observe “all aspects of the electoral process, including registration, voting, counting of votes, and the determination and declaration of results."

The TRC report served as the impetus for the formation of National Elections Watch (NEW), a coalition of civil society organisations from all over the nation, in 2002. The report insists specifically that "civil society should highlight electoral fraud" (Volume 2, Chapter 3, Paragraph 209). Paragraph 238 requires a nationwide civil society coalition to monitor elections: “In particular, such a coalition should closely monitor the work of the National Electoral Commission to ensure independent and impartial conduct on the part of the electoral authority.”

The heart of the matter

At the time of this writing, no election watchdog organisation has publicly proclaimed the June 24 election to be free and fair. The lack of openness in the tallying of the votes has been universally condemned, among other shortcomings. Observers and party candidates legitimately expressed their concerns regarding "statistical inconsistencies" that they found during the vote tabulation.

The interim statement by H.E. Professor Yemi Osinbajo, the former Vice President of Nigeria and head of the Commonwealth of 72 nations' observation mission, expressed concern over the lack of transparency in the final tally and called for "results at the polling station level should be published to allow for cross-verification." 2023 Sierra Leone Elections - Interim Statement Of The Commonwealth Observer Group - Prof. Yemi Osinbajo (SAN) | Prof. Yemi Osinbajo (SAN) .::. The Office of the Vice-President of the Federal Republic of Nigeria.

To bolster the concerns of both international and domestic observer missions, the US Ambassador in Freetown, Sierra Leone, issued a joint statement with his counterparts from the UK, Ireland, France, Germany, and others, expressing collective concern about the "transparency of the tabulation process." In the EU Election Observation Mission’s preliminary statement, concerns about irregularities were raised. Preliminary Statement - Voters’ commitment to a democratic process challenged by violence and lack of transparency at critical stages of elections | EEAS (europa.eu) EU EOM SL PS_FINAL.pdf (europa.eu)

Prof. Susan Shepler of American University's School of International Service, where Mr. Maada Bio once studied, addressed some of the election irregularities surrounding his alleged re-election in a journal that the university released. Four Questions Following Sierra Leone’s Recent Election | American University, Washington, D.C. There are as many unanswered questions in this piece as there are in the Carter Center's report, and it makes for depressing reading. Carter Center Questions the Credibility of Sierra Leone Election Results and Calls for the release of Results at the Polling Station Level.

Goodluck Jonathan, the former president of Nigeria who led the West African Elders’ Forum Election Mission to Sierra Leone, has not yet issued a full statement. The communication officer for the Goodluck Jonathan Foundation, however, has published a scathing critique of the conduct of the election in Sierra Leone on June 24, 2023. The trial and temptation of Sierra Leone's democracy | TheCable

The position of National Election Watch (NEW) and all other international observers is that the only way to give credibility to the election outcome is to publish the results polling station by polling station. The NEW predicted a run-off between the two main presidential candidates. According to their calculation, no presidential candidate would get the necessary 55 percent of the vote in the first round.

The NEW calculations generated by the Process and Results Verification for Transparency (PRVT) methodology have received widespread international support. On June 27, 2023, the African Elections Observers Network (AfEONet), the Global Network of Domestic Election Monitors, and the East and Horn of Africa Election Observation Network issued statements supporting the NEW position. The following day, the Election Response Centre Africa (ERC), the West African Elections Observers Network (WAEON), the West African Democracy Solidarity Network (WADEMOS), and the Election Support Network of Southern Africa (ESNSA), all threw their weight behind the NEW stance. (Each and every statement of support can be found on the ‘National Election Watch - Sierra Leone’ page on Facebook.) The National Democratic Institute of the USA also supported NEW’s position.NDI expresses support for the PRVT methodology used in Sierra Leone | National Democratic Institute

The election was also observed by the Council of Churches in Sierra Leone. On July 26, 2023, they posted a message on Facebook asking the Electoral Commission for clarification on the election's outcome.

The international community has an obligation to the people of Sierra Leone to prevent a return to a situation where anarchy is used as a tool to undermine democracy and the rule of law. No-one should be governed by someone who did not win.