Tools & Resources

PROJECT REPORT: Election Law Reform in Yemen: Supplementary Report - September 2005

While the 2003 parliamentary elections in Yemen were generally well-conducted and a significant improvement on previous elections, they demonstrated that amendments needed to be made to the election law to improve the impartiality and transparency of the electoral process and to deal with a number of omissions, procedural gaps and technical contradictions. These matters need to be addressed before the presidential and local council elections scheduled for 2006. In January 2004, IFES completed an in-depth analysis of Yemen’s election law, and identified five priority areas that need addressing before the 2006 elections: the statutory voter registration update schedule, dispute resolution mechanisms, the ballot counting venue, the process for appointing members of election Sub -committees, and local council election procedures. With the funding support of The United States Agency for International Development (USAID), IFES then launched the first phase of a public policy dialogue through a series of meetings with a broad range of stakeholders to discuss options for reforming the election law in each of the five priority areas. IFES’ report on this process was issued in August 2004. Phase Two of the election law reform dialogue took place between October 2004 and January 2005, with the funding support of the Middle East Partnership Initiative (MEPI), using the same consultative process with a broad range of stakeholders as was used in Phase One. The discussions in Phase Two concentrated on a number of election law reform matters that were not discussed in Phase One, although inevitably there was some overlap. Stakeholders were also encouraged to raise other issues.

With the signing of the Comprehensive Peace Agreement (CPA) in Accra in August 2003, Liberians committed themselves to political, versus military, competition for the control of Liberia’s reconstruction. This commitment places added importance on the electoral process as the means through which the political competition will be carried out. The signatories to the Comprehensive Peace Agreement agreed to reform Liberia’s electoral system prior to the conduct of the 2005 elections. A major challenge, however, is how this electoral system can serve as a framework for political competition beyond 2005. In April 2004, IFES fielded a technical planning mission to examine the electoral environment and suggest a strategy for international support for the electoral process. Among the key findings were: 1. Liberians must be involved in all aspects of the process for the CPA-mandated October 2005 elections to leverage the maximum opportunity to bring the nation to a state of peaceful transition; 2. The electoral framework – detailing the legal provisions, the type of electoral system, the nature of the elections to be held, and other aspects of the electoral process – must be agreed upon no later than October 2004 to allow sufficient time for election preparations. Such a framework should be endorsed by Liberia’s stakeholders; 3. Timely, coordinated and robust international assistance at all stages and levels of the electoral process is necessary to create an environment for a successful outcome and to ensure that the best practices of transitional political processes are put into place; and 4. The international community will have to cover the majority of the cost of the elections, as well as provide considerable assistance to the resulting elected and appointed institutions responsible for Liberia’s reconstruction. This report contains recommendations for both the National Elections Commission (NEC) and its partners in the international community. Some of the key recommendations include: • To ensure that Liberian stakeholders are supportive of the electoral framework, that it meets Liberia’s needs and that it conforms to international standards, the process that leads to the establishment of the electoral framework must be perceived as inclusive and legitimate, while drawing on international best practices and principles. As such, it is recommended that fora be provided for NEC and Liberian political and civic actors to consider the various major issues. The international community should support the electoral reform process and provide technical assistance to facilitate the drafting of the resultant electoral framework. • International assistance will need to be provided to build the capacity of the National Elections Commission to organize and conduct the elections and to ensure the credibility of the electoral process. • The international community and the National Transitional Government of Liberia will need to provide timely and complete support to the elections budget. Any delays in the provision of financing and material will negatively impact the elections timeline. Once the electoral framework is finalized, the full costs for the elections will be known. However, priority at this point should be given to financing the NEC’s current personnel and operational costs, including the re-establishment of its presence in the counties, and voter education. • International assistance should support: o The administration of the elections: To support the conduct of a credible and efficient process through the provision of: i. A Chief Electoral Advisor and/or international members on the National Elections Commission to support the development of policy and procedures and the overall management of the electoral process; ii. Technical advisors to assist NEC headquarters and county offices in implementing the electoral framework; iii. Financial, material and logistical support. o The resolution of electoral disputes during all phases of the electoral process: To enable the timely arbitration and resolution of electoral disputes through the establishment of an Election Dispute Tribunal; and o Electoral participation: To promote a level political playing field and informed participation in the electoral process by Liberia’s citizens. International assistance should be well-timed and initiatives effectively coordinated to avoid duplication of effort and to maximize impact.