NIGERIA: CIVIL SOCIETY PUSHES FOR ELECTORAL REFORM

UNCLAS SECTION 01 OF 03 ABUJA 001642 SIPDIS SENSITIVE SIPDIS DEPT FOR AF/W - SILSKI, AYBAR, INR - SANDERS DOE FOR CAROLYN GAY E.O. 12958: N/A TAGS: PGOV KDEM NI ELECTIONS SUBJECT: NIGERIA: CIVIL SOCIETY PUSHES FOR ELECTORAL REFORM ABUJA 00001642 001.2 OF 003 THIS MESSAGE IS SENSITIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISTRIBUTION. ¶1. (SBU) SUMMARY. Three months after Nigeria's deeply flawed elections, civil society is keeping the pressure on the new administration to acknowledge the failures of the 2007 elections and reform the electoral process. The week of July 23, civil society held two events: (1) a citizens' electoral tribunal to give a public opportunity for individuals to testify on the electoral fraud they witnessed and how the system could be reformed and (2) a conference aimed at developing concrete recommendations for electoral reform. Participants at the two events highlighted, among other areas, the need for an independent INEC, removal of INEC's authority to certify candidates, stiff penalties for INEC officials participating in fraud, a published voter register, staggered state elections, democratic reform within the parties, and an empowered media. END SUMMARY. ¶2. (SBU) The Alliance for Credible Elections (ACE) held a Citizens' Electoral Tribunal on July 24-25 in Abuja. The aim of the tribunal was to give ordinary citizens a public setting to describe the irregularities they personally witnessed in the 2007 elections. In preparing for the tribunal, ACE employees traveled to each of Nigeria's 36 states to interview private citizens about the election days. ACE identified five individuals from each state who were willing to talk about the irregularities. ACE employees noted that individuals in the South South (particularly in Bayelsa and Delta states) were very suspicious of anyone "from Abuja" and they found almost no one willing to talk on tape about what they had seen. Following their testimony, each witness was asked to give their personal recommendations on needed reforms. Most recommendations focused on the need for an independent INEC with oversight either in the National Assembly or by a multi-party committee and the need to stagger future elections to allow government, NGO and media resources to be focused on the state holding the elections. ACE plans to publish its findings and to use the recommendations to lobby the National Assembly. ¶3. (SBU) On July 25-26, the National Democratic Institute (NDI),in collaboration with the Nigeria Labor Congress (NLC) and the Nigerian Bar Association (NBA) held the All Nigeria Civil Society Conference on the April 2007 Elections. The conference brought together members of civil society, media and political parties to formulate concrete proposals for electoral reform. Poloffs even met representatives of INEC who, though they sat quietly and didn't advertise the fact that they were INEC employees, appeared to be taking copious notes. In the opening morning of the conference, speakers highlighted the irregularities and shortcomings observed in the pre-election, election day and post-election periods. Recommendations will be drafted into an official communique for use in lobbying the National Assembly. PRE-ELECTION REFORMS -------------- ¶4. (SBU) Discussion of reform of the pre-election process focused on changes within INEC, amendments to the Constitution and Electoral Act and reforming the political parties. INEC was unanimously seen as the root of many of the irregularities in the April polls. The need for an independent INEC, both fiscally independent and removed from the influence of the presidency, was a repeated theme. It was suggested that the INEC budget should come directly from the consolidated account of the Federation, as opposed to being allocated by the Executive. A rigorous selection process, similar to that of Chief Justice, was recommended for the INEC Chairman. As well, participants noted the need for a well-trained, professional INEC staff capable of overseeing elections. With staggered state elections, this well-trained staff could be deployed to oversee multiple elections per year. Participants also stressed the need for a comprehensive and published voter registry, noting the need to begin the registration exercise now rather than immediately prior to an election. ABUJA 00001642 002.2 OF 003 ¶5. (SBU) Though much of the problem with the legislative basis for elections remains enforcement, participants noted some specific legislative changes needed. They lamented that the Nigerian Constitution is too specific, necessitating Constitution amendments in order to amend procedures in the Electoral Act. Participants called for the provision of the Electoral Act allowing for INEC "certification" of candidates to be removed. In addition, they noted that polling hours should be set in the Act and that the Act should stipulate the exact method of publishing (including online) the voter registry. Participants also recommended that the polling date be set for 3-6 months prior to the inauguration, to allow sufficient time for resolution of appeals. ¶6. (SBU) Political parties were seen as the third area for reform in the pre-election process. Participants expressed frustration at the lack of internal democracy and defined ideologies in Nigerian political parties. Party leaders should be elected in a free and fair manner and should involve party members in the decision making process. Participants recommended that parties should independently generate their funding through outreach to a broad membership base, rather than the current system of handouts from INEC or relying on a few wealthy individuals -- both of which provide an avenue for influence and manipulation by a few individuals. ELECTION DAY REFORMS -------------- ¶7. (SBU) Many of the reforms suggested for INEC in the pre-election period follow into election day. The participants recommended a professional INEC staff oversee staggered state elections throughout the year. As well, they recommended the institution and enforcement of stiff penalties for fraud, falsification of documents, or intimidation by those in charge of polling stations. It was recommended that each polling station supervisor be held accountable for the authenticity of results at his polling station. Despite the fact that many of these "reforms" already exist in Nigerian law, participants called for their enforcement in practice. Participants also noted the need for an empowered domestic media that could announce election results directly from polling stations and collation centers as the count is completed. This would improve transparency and accountability in the tabulation process. POST-ELECTION REFORMS -------------- ¶8. (SBU) The NBA noted that there were 1,260 petitions filed before the electoral tribunals challenging the results of the April 14 and 21 elections. (NOTE: Not all of these petitions met the documentary requirements or were accepted by the tribunals.) According to the NBA, the funding received by the Judiciary to carry out the tribunals was only 20 percent of that needed and roughly amounted to USG funding to NDI and IRI to carry out elections support. One participant recommended a clause in the constitution that would allow for wholesale annulment of the elections in a case where there were so many challenges. Participants felt strongly that a group of voters (not just political parties or candidates) should be allowed to petition and challenge the outcome -- after all, it was noted, the voters are the most aggrieved party in bad elections. As well, participants recommended that all records be deposited with the Supreme Court following the conclusion of elections, to prevent INEC from withholding or tampering with information. Participants expressed concern that elected officials who knew their election was likely to be overturned had increased incentive to accumulate wealth quickly, before they could be removed from their new positions. ¶9. (SBU) COMMENT. Nigerian civil society has been successful to this point in keeping the discussion of the April 2007 elections alive and maintaining a focus on needed reforms. The two events were well attended by civil society and media alike and could lay the foundation for a coordinated lobbying effort on the part of Nigerian NGOs within the National Assembly. END COMMENT. ABUJA 00001642 003.2 OF 003 QUAST