Identifier
Created
Classification
Origin
09MONROVIA763
2009-10-16 13:24:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Monrovia
Cable title:  

LEGISLATURE SENDS ELECTORAL REFORM AMENDMENTS TO EXECUTIVE

Tags:  PGOV PHUM KDEM SOCI LI 
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R 161324Z OCT 09
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INFO RUEHZK/ECOWAS COLLECTIVE
UNCLAS SECTION 01 OF 02 MONROVIA 000763 

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM KDEM SOCI LI
SUBJECT: LEGISLATURE SENDS ELECTORAL REFORM AMENDMENTS TO EXECUTIVE
MANSION

SENSITIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISTRIBUTION.

UNCLAS SECTION 01 OF 02 MONROVIA 000763

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM KDEM SOCI LI
SUBJECT: LEGISLATURE SENDS ELECTORAL REFORM AMENDMENTS TO EXECUTIVE
MANSION

SENSITIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISTRIBUTION.


1. (SBU) SUMMARY. The National Legislature has passed a
constitutional amendment law that sets in motion reforms needed
before the 2011 elections. The "Electoral Reform Law" was drafted
with input from the law reform commission and civil society. It
seeks to amend sections of the Liberian constitution relevant to the
holding of free and fair elections in a national referendum. The
measure retains the controversial ten-year residency clause for
presidential candidates, reduces the presidential term of office
from six to five years, calls for the election of mayors rather than
their presidential appointment, affects the formation of political
parties, moves election day from October to November, and mandates
that all electoral contests except the presidential and vice
presidential be won by a simple majority. Retention of the ten-year
residency clause could affect a possible re-election run by
President Sirleaf and result in a Supreme Court challenge. If
signed by the President, the recommended constitutional changes
require popular approval in a national referendum. END SUMMARY.

THE ROOT OF IT ALL
--------------


2. (U) President Sirleaf established a law reform commission in June
2009 composed of civil society organizations, political parties and
other stakeholders. This body was charged with completing a
comprehensive review of the existing constitution and legal
framework and charged with suggesting reforms. The group advised
the Legislature on the drafting of an electoral reform bill. While
a general constitutional review continues, the proposed electoral
reforms result from a priority focus on enacting changes needed to
ensure a successful general election in 2011.


3. (U) The resulting "Electoral Reform Law" was approved by the
Senate in a September 28 voice vote, following passage by the House
of Representatives on September 22. If the measure is signed by
President Sirleaf, its recommendations will need approval in a
national referendum, which shall take place and come into effect not
sooner than one year after the Legislature passes any constitutional
amendment law (i.e. fall 2010).

PRESIDENT/VICE PRESIDENT AFFECTED
--------------



4. (SBU) Amendment of Article 50 of the constitution seeks to reduce
the presidential term from six years to five, while maintaining a
two term limit. Article 52(c) is modified to read, "No person shall
be eligible to hold the office of President or Vice President,
unless that person is domiciled in the Republic for ten years
immediately prior to his election." This could scupper a
re-election bid by President Sirleaf or any other contender who fled
during the civil war. If the amendment is approved, the Supreme
Court will almost certainly end up being asked to decide whether or
not "domiciled" means physically present in-country.

ELECTED MAYORS
--------------


5. (U) The bill further recommends the amending of Article 56(b) to
allow for the local election of mayors, in addition to the already
elected paramount, clan and town chiefs. Mayors are currently
appointed by the President and can only be removed by presidential
action. This amendment, which devolves more power to the local
level and is called for in the 2003 Comprehensive Peace Agreement,
also empowers local councils to remove elected mayors. It
represents a positive step toward decentralization and the
enhancement of local institutions.

POLITICAL PARTY FORMATION RULES TIGHTENED
--------------


6. (U) At present, political party formation in Liberia is
relatively easy. Article 78 of the constitution allows a party to
be formed with "five hundred qualified voters in each of at least
six counties." The bill amends the constitution to require a new
political party seeking registration with the National Elections
Commission to "have 10,000 qualified voters in at least ten
counties." This measure would cut the high number of political
parties that exist as vehicles for a particular personality rather
than as a coalition of like-minded individuals.

ELECTION DAY MOVED TO DRY SEASON
--------------


7. (U) The amending of Article 83(a) of the constitution would move
Liberia's election day from the second Tuesday in October to the
first Tuesday in November of an election year. Roads in rural
Liberia are usually impassable in October due to rain. This makes
transport of election supplies difficult and also results in lower
voter turnout. The transition of power will continue to take place
the January following the elections.

MONROVIA 00000763 002 OF 002



FEWER RUNOFFS, MORE SAVINGS
--------------


8. (U) The final amendment is aimed at cutting election-related
costs. Article 83(b) of the constitution says that election of all
public officers shall be determined by an absolute majority of the
votes cast. If no candidate obtains an absolute majority in the
first ballot, a second ballot is mandated with the participation of
the two candidates who received the greatest number of votes on the
first ballot. The high number of political parties in Liberia
results in large numbers of candidates for office, guaranteeing that
most winners are decided in a subsequent runoff vote. In the
amended article, all electoral contests will decided by a simple
majority of votes cast, except for the presidential and vice
presidential races. Election of the president and vice president
will continue to require a runoff between the two highest
vote-getters if no candidate obtains an absolute majority of votes
in first round balloting.

SOMETHING'S MISSING
--------------


9. (SBU) The most significant item missing from the electoral reform
law is the reduction in senatorial terms called for by the law
reform commission. The Senate successfully fought off an amendment
that would have made all senatorial terms seven years instead of
nine years and erased the distinction between senior and junior
senators. (NOTE. Only one Senate race is held in each county.
Senior senators are the highest vote recipients and will serve a
nine year term. Junior senators received the second largest number
of votes. The electoral reforms put in place for the 2005 election
limited junior senators to seven year terms. END NOTE.)


10. (SBU) COMMENT. Most of Liberia's laws are in dire need of
reform in a thorough, well-considered review process. We expect the
law reform commission to make further recommendations in the coming
months. The changes proposed in the Electoral Reform law were
pushed out quickly due to the pressing need to have reforms meant to
address electoral problems well in advance of the 2011 elections.
Most of the amendments, such as the election of mayors, are
positive. Sirleaf has not yet reacted to the electoral law. While
she called for many of the changes listed in this bill, the 10-year
domicile requirement is likely a move by her opponents in the
Legislature to limit her chances of re-election. However, she may
be inclined to sign the bill and hope for a favorable interpretation
of the meaning of domicile by the Supreme Court. END COMMENT.

ROBINSON