By Mafanta Kromah,mafanta.kromah@gmail.com
MONROVIA, Liberia- In pursuing a consolidated democracy in Liberia, the Election Coordinating Committee is recommending to the National Legislature key election laws for reform.
ECC says this is an important component in strengthening of the Liberia’s emerging democracy and the group says its reform proposal has been sent to the Legislature for amendment.
This was announced on Thursday, September 26, 2019 during a press conference in Monrovia by a member of the ECC Steering Committee, Mr. Malcolm Joseph.
He noted the proposed amendments were adopted through discussion and consultation with wide range of stakeholders across the 15 counties in the country.
According to the ECC official, several stakeholder engagements meeting were held with policy makers including members of the House’s Committee on Elections and Inauguration, Governance Commission, Law Reform Commission, National Elections Commission, members of political parties, women and youth groups traditional and religious leaders and disable groups on their perspective regarding the reform process.
The request for electoral reforms started during the 2017 general and presidential elections by local and international observers such as European Union, Carter Center, African Union, ECOWAS, ECC, National Democratic Institute and among others. They recommended for reform aimed at strengthening future elections.
Mr. Joseph said the ECC recommended 17 proposed amendments to the national legislature on the New Election Laws and 1986 Constitution.
The elections watchdog group called for reduction in tenures for presidency [Article 50], House of Representatives [Article 48] and House of Senate [Article 45] of the 1986 constitution.
According to the ECC, this amendment will limit the tenure of presidency and representative from six to five years and senate from nine to seven years and will put Liberia on standard with other countries in the region. It is also to create opportunity for lawmakers to be more accountable to citizens they represent.
In 2015, the National Constitutional Consultative Conference in Gbarnga, Bong recommended to the 53rd Legislature eight prepositions and one of them was to change tenures of presidency and representatives from six to four years, while senate from nine to six years.
According to ECC, this is also an international standard.
Moreover, during the opening of a special presidential retreat in early August, President George Weah requested member of the Legislature to approve eight revised propositions for referendum to amend the 1986 constitution. Among them were reduction of tenure of elected official and the abolishment of by-elections.
The proposed amendment also requests for change in election date [Article 83A] which will remove the date from the constitution and place it in the NEL to engender flexibility in the conduct of elections in the event of emergency and reduce challenges during electioneering year due to bad road connectivity during the rainy season. In the region, this is a standard practice.
Another key issue was the abolishment of the conduct of by-election [Article 37], which Joseph said raises question on the legitimacy of the political representation due to the low turn-out of voters during by-election and will also reduce electoral expenses on government. By-election is Something that is not budgeted for in the national budget.
Joseph maintained changing Article 83C will remove of judicial power from NEC to the an establish electoral tribunal. This is said will speed up the adjudication of electoral disputes and minimize conflict of interest, in the case where NEC is the judge and defendant at the same time.
Amendment to the NEL, Joseph listed public vetting of Board of Commissioner of the NEC [NEL Sect. 2.1 so as to allow the appointment process of the Board of Commission be inclusive. Also Quorum Section 2.4 of the NEL chapter two be amended to allow any five members, including or in the absence of the chairperson shall constitute a quorum for the transaction of business of the commission and shall decide any question before it and said decision shall be blinding on the commission.
They called for the amendment of Section 3.1 of the NEL allowing every citizens of Liberia who on the date of the election will have attained 18 years of age or more and can be prove through any official identification documents [passport, national identification card, birth certificate] and other processes.
However, there are other reform in the 17 proposed amendment which is also important to the democracy of the country such as the new preposition to qualify candidates, it states that no sitting member of the House of Representatives shall contest for a vacant seat in the Senate unless her or her resigns his or her position and also hold to member of the Senate, like it was observe during the Montyserrado senatorial by-election that made Saah Joseph senator.
It also called for amendment to the guidelines relating to the registration of political parties and independent candidates [amended 2003, 2004 and December 2014] this is calling for the establishment comprehensive law to be called the Political Party Act or the PPA, which shall deal with issue on formation, registration and regulations of political parties, application and registration of candidates for all elected offices. This will also deal with financial regulations of Political parties.
ECC is a civil society organization platform comprising of six organizations that observes elections in Liberia and the electoral reform is implemented in partnership with Liberia Accountability Voice Initiative with support from USAID.