ELECTORAL ESSAYS AND DISCOURSES
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These electoral essays and discourses deal with topical issues that are ever present in the organisation and conduct of democratic elections in mature, new and emerging democracies. The entities responsible for organisation and conduct of elections are called electoral management bodies (EMBs) and they are expected to deliver good electoral services in a free, fair and credible manner, employing, as far as practicable, the best electoral practices available. The electoral essays and discourses explore the extent in practice to which best electoral practices are given effect in circumstances of new and emerging environs in fledgling democracies. The first essay examines these issues in the context of Nigeria which emerged from a military regime in 1999 and which has had three cycles under the emerging civilian administration. The four electoral cycles(including the 1998-99 elections) have shown how tortuous the route can be before an EMB may begin to get election organisation and conduct of free, fair and credible elections right. Essay I describes in some detail the efforts of the Independent National Electoral Commission (INEC) in each of the four electoral cycles, the general elections two of which, in 2003 and 2007, were condemned by international independent election observers and local stakeholders as falling well below acceptable standards. The second essay deals with the African Union’s effort to improve its election observation’s credibility regionally and internationally. The essay traces the steps taken between 2002 and 2008 to set up a dedicated Democracy and Electoral Assistance Unit (DEAU), together with a funding arm, the Democracy and Electoral Assistance Fund (DEAF), in the African Union. It relates how the DEAU set about nudging the African Union’s observer missions to produce more credible mission reports. The third essay sought to compare the organisation and manner of work of the election observers of the Commonwealth and the African Union. The comparison was made easier by the fact that just over a third of the membership of the Commonwealth overlap with that of the African Union. The fourth essay deals with the state of play of the application of electoral best practices in the Commonwealth and the African Union. The overlapping of a third of the membership of the two organisations played a part in the examination. The final essay explores the potential for alternative electoral dispute resolution (AEDR) in the Commonwealth and the African Union. A few African Commonwealth States, as Nigeria and Zambia, have embryonic mechanisms to offer AEDR services. Nigeria draws its AEDR mechanism inspiration from the USA Federal Electoral Commission which operates a mechanism to deal with political finance alleged breaches. Discourses Discourse A Youth and Elections This discourse explores how youths and youth-led organisations can participate more effectively in elections. It examines the possibility of designing more youth-friendly electoral and political party legislative schemes, which offer more entry points for youths. It looks at minimum age for voting and to contest national elective contests. It looks at more creative ways of funding youth election campaigns and waiving or offering discounts on fees, like nomination fees for election candidature. Many countries experience very low youth participation in the electoral process and the discourse looks at the need for greater incentives to get youths and youth-led organisations to be effectively involved in all aspects of election organisation and conduct. In many jurisdictions, youths are identified with election intimidation and violence. It is well established that in certain jurisdictions, such as Kenya’s and Nigeria’s youths operate under the perceived culture of impunity enjoyed by prominent politicians and carry out breaches of elections laws, as well as the criminal law, and go unpunished. Strategies ought to be developed to put a stop to such practices.
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About the Book
This book contains five electoral essays and five discourses which explore issues impacting on free, fair and credible election organisation and conduct, with special attention on best practices in the Commonwealth and the African Union. The essays constitute part 1 and the discourses part 2 of the book. It describes and analyses the slow and cautious restart of the process of democratic elections in Nigeria, examining the missteps along the way from the first to the fourth electoral cycle which ended in 2011, which constitute essay I. Essay II deals with the development of election observation, together with mechanisms to strengthen the effectiveness thereof in the African Union and promote the technical capabilities of African Union electoral management bodies. Essay III seeks to compare aspects of election observation by the Commonwealth and the African Union. Essay IV examines best electoral practices in the Commonwealth and the African Union and essay V with the potential use of alternative dispute resolution in elections in the Commonwealth and the African Union. The discourses vigorously explore current electoral issues that slant towards further development in the near future. Discourse A is about youth and elections. It discusses how youth can participate more effectively in elections. Discourse B looks at the dimensions of political finance with particular attention to campaign financing. Discourse C is about incumbency and elections and discusses the nature and impact of incumbency on elections. Discourse D is about the culture of impunity which affects many electoral management bodies and in particular as it pertains to election violence. Discourse E deals with the impact of social media on election preparation and conduct.
About the Author
Carl W. Dundas, LL.B, LL.M (Lon.), Barrister-at-law (Gray’s Inn) is an Election Expert and Maritime Delimitation Consultant. Mr. Dundas is also experienced in governance, democratic development, election organisation and Law of the Sea matters. He has given technical assistance in electoral matters in many countries, including Aceh, (Indonesia), Antigua & Barbuda, Botswana, Cayman Islands, Guyana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Nigeria, Sierra Leone, South Africa, Tanzania/Zanzibar, and Zambia; and has been assigned to observe elections in many countries, including Bangladesh, Guyana, Kenya, Liberia, Malaysia, Malawi, Pakistan, Mozambique, South Africa, Tanzania/Zanzibar, and Zambia. He has also advised on election organization and management in Jamaica, Kenya, Liberia, Malawi, Mozambique, Nigeria, South Africa, and Sierra Leone. Mr. Dundas led Commonwealth Secretariat’s electoral technical assistance missions to Guyana, Kenya, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Tanzania/Zanzibar, and Zambia. He carried out assignments in areas such as designing electoral frameworks for a neutral and impartial electoral management body, the establishment of instruments for the transition from a military one-party to a multiparty system, and has organised capacity-building seminars and workshops. Constitutional reform, particularly relating to the fundamental provisions dealing with election legislative schemes, is a focal area of his specialization. Consequently, he has undertaken assignments in this area in Guyana, Lesotho, Malawi, South Africa, Tanzania (Zanzibar) and has advised on electoral legislation in Antigua & Barbuda, Cayman Islands, Jamaica, Kenya, Lesotho, Liberia, Malawi, Nigeria, and Sierra Leone. Mr. Dundas was Chairman of the Electoral Boundary Delimitation Commission of the Cayman Islands in 2003 and again in 2010. As an Election Legal Consultant from 2001 to 2006, Mr. Dundas advised many election management bodies (EMBs) on reform and modernisation, including Aceh (Indonesia), Antigua & Barbuda, Botswana, Cayman Islands, Guyana, Lesotho, Liberia, Nigeria, and Tanzania. In 2006, Mr. Dundas took up an appointment as the Chief of Party of the International Foundation for Electoral Systems’ (IFES’) African Union Support Program (funded by USAID) to advise the African Union on the establishment of a Democracy and Electoral Assistance Unit (DEAU). The DEAU was established in May 2008 and I remained its adviser at the African Union in Addis Ababa until 2010.