Something’s rotten in the state of Cote D’Ivoire…

Something didn’t sit right with me while watching this second round of the Presidential vote here in Cote D’Ivoire. The international community jumped on the bandwagon of unconditional, almost unanimous support for Ouattara, without real scrutiny into the results being released by the CEI (electoral commission). The UN, France, the US, the EU, the AU and ECOWAS all congratulated Alassane Ouattara for his “win” early on without question. I think the reasoning behind this move can be attributed to the on-air physical blocking of the reading of the provisional results on Tuesday (two days after the vote) that would have allowed the CEI to read its judgment within its mandated time before the vote was handed off to the Constitutional Council. I believe that they suspected this as a move to block the reading in order to prevent the results from being determined before the Wednesday night deadline and thus was essentially a coup on Gbagbo’s part. This may or may not be true. The Council figures have Gbagbo ahead with a convenient 51% of the vote, only after invalidating 500,000 ballots from Ouattara-supporting regions in seven districts.

The international media has taken occasion to one-sidedly point out flaws with the situation. They have cited that the President of the Constitutional Council is pro Gbagbo and that allowing the Constitutional Council to decide the results would sway the reality. What they aren’t saying is that the President of the CEI as well as the Permanent Secretary and Spokesman are all pro Ouattara and so their reading is also suspect. However, the statement given prior to the election by the Carter Centre would suggest that the “formal adjudication of elections petitions is the responsibility of the Constitutional Council”. There is clearly some imbalance in reporting.

There were several teams of international observers, most notably led by the EU, the Carter Centre and secured by the UN military observers. The EU sent in approximately 120 observers who assisted in observing approximately 4.7% of the polling stations, who may or may not have spoken French, the official language in Cote D’Ivoire. Speaking the local language is incredibly important in order to make impartial and accurate observations. The Carter Centre sent in 10 long term observers to help cover the 322,460 square kilometers and the UN had approximately 192 observers from 42 different countries, who again, may or may not have spoken French.

Three days prior to the vote, the EU electoral observers noted that they had seen a “lack of respect by the CEI (independent electoral commission) of its agreements with observers,” and that “(d)espite a number of requests addressed to the CEI, the EU mission continues to face significant obstacles accessing electoral operations”. The head of the EU electoral monitoring mission, Cristian Preda, then noted shortly after the vote that “(o)ur observers saw irregularities, some obstacles on the day of the vote and serious tension”.

The day after the vote, both sides were complaining of serious intimidation, such as the following statement from opposition Alassane Ouattara’s RDR party, “We have had lots of calls telling us of cases of serious human rights violations, intimidation and prevention of voting,” and statements of several voters such as, “People have not come out today because of the election…We are very afraid about the violence.” It was also reported that the EU had left the administrative capital of Yamoussoukro days before the polls after receiving death threats, making them unable to monitor this largely populated area and the EU themselves announced that barriers were observed blocking people from voting in several places on Sunday, including in Gbagbo’s hometown of Gagnoa and that some ballots were stolen.

The Carter Centre released a report on November 30th citing many problems with the conduct of the vote, which included:

  • documented incidents of violence and intimidation across the country;
  • important procedural irregularities such as the management of the voter lists, failure to check consistently for indelible ink on voter’s fingers (in over half the polling stations visited), and inking the voter’s fingers after they voted;
  • serious election crimes committed such as the destruction of election materials, and ballot box theft;
  • the slow manner which the CEI communicated the important procedural revisions adopted on November 13th, including refusing to admit the existence of the revisions;
  • significant delays in the Sassandra Valley region amid political tension and violence the night of the election;
  • confusion over last minute changes in polling station staff with replacements who did not appear to have received training;
  • following improper steps for voter signature of the voters’ list or use of indelible ink to mark fingers in at least one of ten stations visited;
  • the lack of the “ordre de mission” certificates establishing the rights of voters that was to be retained by polling staff after the voter cast his or her ballot to prevent multiple voting was absent in at least one quarter of the stations visited;
  • the potential for voter intimidation in at least five percent of the stations visited;
  • and serious election day irregularities after the closing of polling stations

The Carter Centre also stated in that report that it “believes it is essential for there to be an investigation of these incidents,” and noted that the “formal adjudication of election petitions is the responsibility of the Constitutional Council”. So why then, is the Constitutional Council no longer responsible for the formal adjudication? Why has the international community taken it on themselves to declare a winner without their consultation or without investigation into the serious irregularities noted by all parties?

There were also several local civil society organizations charged with elections observations that spoke the language fluently and had intimate knowledge of the local terrain and customs. The COFEMCI-NCEP, COSOPCI, WACSOF-CI RAIDH WANEP-CI coalition had 938 observers in both the Cote D’ivoire and France. They found significant violence, intimidation and voting impediments, particularly in the North, South and forest zone; that the presence of intrusive law enforcement was likely to intimidate voters; the confusion caused by the release of the Ministry of the Interior and that of the Prime Minister’s office showed a lack of coordination and monitoring of the process at the government level; the barring of observers from certain polling stations in Vallee du Bandama; the intrusive presence of law enforcement and disappearance of six ballot boxes in Dix-Huit Montanges; the violence against LMP activists in the Savannah region; the assault in the town of Daloa in Bas Sassandra and the snatching of ballot boxes; massive disorder in Kumasi; that counting was conducted in haste; that sometimes ballot boxes were completely abandoned after the process; and that overall it was difficult to conduct peaceful elections that would be considered free, fair and transparent. These findings were largely ignored by the international media.

Another group of civil society monitors from the CSCI (funded through the EU) had 1100 observers throughout the country who visited on average seven polling stations each or around 38% of the stations. They noted an absence of some election officials in polling stations; the late arrival and lack of election material in the polling stations; the notable absence or delay of Security Forces officials for protection in several locations; several incidents of violence at polling stations; the destruction and removal of ballot boxes; multiple voting in several locations; the impediment of voting in several locations; the absence, late arrival or departure of certain candidate representatives in several regions; the barring of monitors from observing the counting process in some locations; the insecurity of some convoys transferring results, including attacks on some of the convoys; poor quality elections ballots spotted; polling booths that breached confidentiality; insufficient ballots in some locations; and ballot boxes unsealed or only partially sealed. They also noted that the voter turnout was around 70%. Again, these findings were largely ignored in the international media, even though the local monitors had nearly ten times more observers in the country and were accessing far more stations than the international monitors were capable of. These observers are there to represent the voice of the Ivorian people (whose election this is) through their own civil society and they are being almost totally ignored.

Considering that all in all, probably less than half the stations were actually monitored at all, most for only short periods of time throughout the day, and that there were significant reports of irregularities and violence in those stations actually monitored, this election can hardly be counted as “fair and free”.

Looking through the official tally sheets provided by the CEI (electoral commission) and comparing the results for the first and second rounds, some things strike me as very odd…

  • There are 64,290 extra registered voters in the second round (5,783,349 in the first and 5,847,639 in the second) though the official total tally printed on the top of the results from the second round is still listed as the same as the first. When one actually adds up the “inscrits” in each region though, it is easily shown that the numbers don’t add up to the reported total. The Special Representative of the Secretary-General set out the criteria for the official certified final voter list as 5,725,720, yet there are clearly more than that present in the CEI’s reported second round.
  • The entire foreign French vote was removed from the second round. France had 13,881 registered voters in the first round, and Gbagbo received 53.2% of the French vote in the first round, with Ouattara receiving only 25.4% and Bedie with 16.5%.
  • They must have gotten significantly better at filling out the ballots in the second round, despite the lack of education or public awareness to this end in the country, as there were 124,957 less “null” votes counted in the second round from the first round. In fact, there was more than double the amount of “null” votes in the first round compared to the second (225,624 and 101,476 respectively). There are some reasons that *might* account for less nulls in the second round, such as the change from 14 candidates to 2 candidates on the ballot, but when one considers that in some regional cases they had nearly 15 times less null votes in the second round than in the first, it does become rather suspect. In 2000, 12.40% of votes were invalidated, in the first round of these elections there were 4.59% invalidated and only 2.16% in the second round.
  • Voter turnout was originally cited in foreign press and by observers as between 65-70%. Local reports set the turnout at 71.28%, and local observers noted an approximate 70% turnout. Despite this, the final tally of voter turnout as documented by the CEI was cited as 80.19%, only slightly (3.4%) less than the first round (83.63%). When one tallies up the actual number of counted votes, there are actually 63,327 more votes in the second round than in the first (counting “suffrages exprimes”). If there was voter intimidation in many districts, as was reported by all elections monitors, then one would expect that the voter turnout and number of votes would be significantly less than the first. By comparison voter turnout in 2000 was only 28.06%.

While I am certainly not making the case for Gbagbo’s victory, I do believe that the international community’s announcement of a winner in this case is severely flawed and is only exacerbating tensions and violence in the region. The Special Representative to the Secretary-General himself set the criteria for benchmarks to assess the fair and free nature of the vote as whether there was a secure environment that allows for the full participation of the population, that the electoral process is inclusive, that the voters lists are credible and that the results are determined through a transparent counting process and are accepted by all or are challenged peacefully through the appropriate channels. These criteria were CLEARLY not met, and instead of calling for the challenging through appropriate channels, the international community has taken sides without questioning the results one side is offering in the slightest. The international community’s response has only ensured that dialogue between the parties will now be next to impossible (when a unity government could have been proposed if a winner had not been announced), and that mediation will now be extremely suspect for any solution.

The Ivorian people should be in charge of their own destiny and international bodies should remember their place—to act as mediators, diplomats and not adjudicators.

 

 

 

 

 

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