by Tim Bittiger

Election observation is a key element of building a stable democracy. In states that are undergoing democratic transition, election observers can build citizens’ confidence in the electoral process; while in states holding elections following a conflict, observers can help conflicting parties trust the election will be conducted fairly even if they do not yet trust each other. Since democratization began in Africa in the 1970s, international actors have observed elections (and provided electoral assistance) throughout the continent.1 However, recently African players have started to become more involved in the observation of African elections. They began as early as 1980, with the independence elections in Zimbabwe, but their work did not gain momentum until 2002, with Zimbabwe’s heavily observed presidential elections. Regional groups—like the Organization of African Unity (OAU), the Southern African Development Community (SADC), and the Economic Community of West African States (ECOWAS)—have moved election observation (and election assistance) to the core of their mandates in order to better enhance democracy, good governance and conflict prevention in their member states.2

This movement is important because, in the future, international observers and donors will hand over responsibility for election observation to Africans, who will choose their own approach in light of their thorough understanding of the African context. However, before this time, they will have to overcome a number of challenges in order to bring their practice of election observation in line with international  standards. Some recent African observation missions have generated controversy over their effectiveness and credibility. For example, Western and African groups developed widely divergent assessments of Zimbabwe’s 2002 elections.3

More recently, ECOWAS’ report following observation (by 150 observers) of Togo’s 2005 presidential elections provoked international criticism for sanctioning a flawed election process.4 In fact, ECOWAS’ experience with election observation illustrates the challenges African organizations must overcome in pursuit of free and fair elections. The main issues facing ECOWAS are gaps in their observation methodology, conflicts of interest, inexperience and the absence of coordination with other electoral players.5

Methodology

ECOWAS has not yet decided on a single approach to election observation that would be valid for each of its missions.6 Selecting a single methodology would give ECOWAS the means to consistently identify (1) minimum circumstances under which they would agree to observe an election; and (2) the scope of their mission, in terms of length of time in country and focus of observation efforts. The  ECOWAS Protocol on Democracy and Good Governance does set out general principles for ECOWAS election observation.7 However, the document does not provide clear enough criteria and operational guidelines to serve as a checklist for observers. ECOWAS also lacks standard operating procedures that could facilitate the planning for observation missions in difficult terrain or challenging security environments. Finally, ECOWAS does not have a code of conduct that binds its observers to common rules and standards and ensures consistency in their work. In this respect, ECOWAS lags behind other African organizations, such as SADC, which have developed methodologies that are viable, albeit not always fully implemented.8

What hurts ECOWAS’ credibility the most is its lack of a long-term approach to observation. It is now generally recognized that observers must observe the electoral process—which can take up to two months—not just Election Day. ECOWAS currently sends missions for about 10 days, which is insufficient to make a credible assessment. While most western organizations now take a long-term approach, African organizations are generally still struggling to send observers for more than the two weeks surrounding Election Day.9 Consequently, the findings and assessments of African observers are often neither sufficiently detailed nor credible.

Conflicts of Interest

ECOWAS must address a conflict of interest between its dual roles as mediator and election observer in its 15 West African member states—as both roles are important aspects of its mandate to build democracy and ensure stability in the region. For example, in Togo earlier this year, following the death of long-time President Eyadema Gnassingbe, ECOWAS diplomats successfully negotiated a nine-step plan to hold presidential elections and then oversaw its implementation. However, an ECOWAS observation mission was also charged with making an independent assessment of the election process and all its players. Critics have accused ECOWAS of whitewashing the election outcome for the sake of maintaining stability in Togo and have questioned the credibility of its observer declarations. Similar scenarios could emerge in ECOWAS’ current mediation efforts in Liberia and Ivory Coast, where elections are imminent. Other organizations have faced similar problems—for instance, the Organization for Security and Co-operation in Europe (OSCE) in Bosnia and Herzegovina— but have since been systematically addressing conflicts of interest.

Experience and Capacity

Another reason why ECOWAS is still struggling to field an observation mission that meets international standards is its lack of experience and capacity. At the moment, the ECOWAS Secretariat in Abuja does not have an elections unit and therefore lacks the capacity to plan, mobilize and manage election observation missions. In addition, the organization does not have an adequate pool of trained, experienced observers from member states. Finally, ECOWAS has not taken full advantage of the recognized African expertise in the election administrations and civil societies of its member states. In view of the fact that ECOWAS has only recently undertaken observation missions, a lack of experience is not surprising. However, the organization might not have the time to let its ability grow gradually. West Africa has a busy election calendar and many countries in the unstable region will require outside observation of likely difficult polls.

Regional Cooperation

African observation of elections would be much improved if ECOWAS and other African organizations took a common approach to election observation.10 All too often, various observer groups have different standards for what they consider democratic elections. When—as a result—several groups issue diverging statements about the same election (as was the case in Togo in 2005), doubts are raised both about the competence of these groups and the fairness of the election. Such a situation also allows political parties in the host country to play one observer group off another for their own benefit.

The good news is that ECOWAS and other organizations have committed themselves to cooperating with each other.11 In fact, in 2004, the United Nations initiated discussions on a global Declaration of Principles for International Election Observation. Most African organizations, foremost the OAU, are committed to signing the final document. However, as long as different groups have differing methodologies, capacities and expectations—as well as diverging political agendas—it will be difficult to reach agreement on a common line without compromising the position of individual partners. Moreover, ECOWAS and other international bodies should cooperate to a greater extent with local observer groups who represent civil society and know the local political scene and traditions intimately.  

Although much needs to be improved, the recent increase in election observation by African organizations is generally a positive development. ECOWAS and other African organizations have a clear mandate in this respect and  should continue to take a comprehensive approach, integrating elections into wider conflict prevention strategies, albeit it with due care to avoid a conflict of interest for themselves. Assuming a role in elections gives African institutions the chance to take democracy building on the continent into their own hands and, with time, prove that they can do this in a responsible and coordinated manner. Clearly, African organizations understand the continent’s traditions, cultures and politics in a way that outsiders never will. Therefore, African observer organizations must receive all the support and encouragement they need to assume an increasingly central role in the observation of African elections.

Tim Bittiger is a consultant for election assistance and organizational development. He has recently worked with ECOWAS to improve their conduct of election observation.

Notes:

1 A standard publication on the topic is Jon Abbink and Gerti Hesseling (eds.), Election Observation and Democratization in Africa (London and New York, 2000).

2 See African Union - African Charter on Human and People’s Rights; Organisation of African Union/African Union - Declaration on the Principles Governing Democratic Elections in Africa – AHG/DECL.1 (XXXVIII); Norms and Standards for Elections in the SASDC Region – Adopted by the SADC Parliamentary Forum Plenary Assembly on 25 March 2001, Windhoek, Namibia; ECOWAS Protocol A/SP1/12/01 of December 2001 on Democracy and Good Governance, Supplementary to the Protocol relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security of December 1999; Harare Commonwealth Declaration, 1991.

3 Denis Kadima, African Election Observer and Monitoring Missions: Towards Best Practices and Common Standards (Electoral Institute of Southern Africa, Pretoria: 2000).

4 Serena Parker, “International Monitors Say Election Observer Guidelines Needed,” Voice of America News (30 April 2005).

5 These shortcomings characterize African observation efforts generally. See for example: Musa Abutudu, Monitoring and Observation of Elections in Africa (Pretoria, 2002).

6 Similarly, the OSCE’s Office for Democratic Institutions and Human Rights started observing elections in 1991 with only limited capacity and took until 1997 to develop the consistent methodology that has cemented its high reputation. Hrair Balian, Ten years of international election assistance and observation (Office for Democratic Institutions and Human Rights, Warsaw: 2001).

7 Abutudu, Monitoring and Observation of Elections in Africa.

8 SADC Principles and Guidelines Governing Democratic Elections, Mauritius, 2004; African Union - Guidelines for African Union Electoral Observation and Monitoring Missions – EX/CL/35 (III) Annex II.

9 O. Van Cranenburgh, “Democratization in Africa: The Role of Election Observation,” in Election Observation and Democratization in Africa, p. 29.

10 This, too, is a familiar challenge. Coordinating observation efforts among European organizations has not always been a common practice.

11 See for example, ECOWAS Protocol A/SP1/12/01, Section II, Article 16.