November 1, 2021
By Audrey John
The Chief of Mission, Member of the European Parliament, Hon. Norbert Neuser has said the mission has been informed that there is a significant decrease in trust in the essential bodies which play integral roles in the forthcoming election. He said these include the judiciary, NEC, PPRC and the police.
Mr Norbert Neuser made the disclosure when addressing journalists on key findings of the mission over the weekend at a press conference held at the New Brookfield Hotel, at Kingharman Road in Freetown.
He said he is pleased to be back as the Head of the EU Election Follow-up Mission and to share with you our key findings.
He said before that; he will like to highlight the purpose of our mission. He said they are here to engage with a wide range of stakeholders; from government, civil society, political parties, electoral management and regulatory bodies; in order to gather their views on the ongoing electoral reform process.
“Our mission is not an election observation mission; we did not observe the recent bye-elections, nor are we here to observe the forthcoming ones in two weeks”, he said.
He said out of the twenty nine recommendations put forward in 2018, nine entail constitutional amendments through none of them would need a referendum for entrenched provisions. He also stated that twenty one require legal reform, whereas the remaining could be addressed through administrative policies.
Speaking further, Mr. Norbert Neuser said the need to reactivates the constitutional review process remains. He said timely disclosure of the white paper is a precondition for an effective, transparent and accountability process and for reengaging all stakeholders.
The EU chief said there is a clear consensus on many issues including that there should be a fixed date for future elections which task is to turn the discussion into law in time for the 2023 elections.
“The mission has been informed that there is a significant decrease in trust in the essential bodies which play integral roles in the forthcoming elections including the judiciary, NEC, PPRC and the police”, he stated.
He further revealed that the mission findings are that these institutions reputations are less trusted than is needed.
Touching on the last bye- election, he said there are some lessons learnt from the management which according to him can be trialed in future bye elections. He said the Election Follow up Mission encourages the National Electoral Commission to engage with all electoral stakeholders to address those issues to restore confidence in the Electoral Management said Bodies and strengthen both the transparency and integrity of the electoral process.
The EU Chief intimated that in their assessment, the government has a role in providing both sufficient and timely funding – but equally importantly the political space – for these institutions to demonstrate their neutrality and independence which are absolutely essential for elections being recognized as credible by citizens and observers.
He said the government has committed to the creation of a National Election Sustainable Trust fund account – which if fully implemented would address one of the recommendations.
So far, the details of this have not been communicated to the NEC and other bodies.
“If an election is declared void, according to section 146.4 of the Public Election Act, another election shall be held”, he stated. In continuation, he said the 2019 High Court decisions to declare the runner up elected in 10 constituencies, eroded the confidence in the Judiciary. “Unequivocal respect for the rule of law in election petitions is crucial for Good”, he maintained. He said in addition, the delivery of timely effective judicial redress is a paramount feature regarding the fairness of election dispute resolution.
The EU chief maintained that at the National Validation Conference on electoral reform in August 2021, consensus was reached regarding the need to revise courts’ procedural rules ensuring that election petitions are adjudicated within a reasonable period of time. “Justice delayed is justice denied, the same applies to democracy,” he stressed.
He opined that the Mid-Term Census is unprecedented and the stated reason for it is highly contested.
He also stated that the use of an optional census to provide data which might be used to change electoral boundaries shortly before an election is not conducive to the political atmosphere or good electoral practice.
Hon. Norbert Neuser said the Mission repeats its recommendation that the voter register should be automatically produced from the civil register, which would save money and time. “We have not seen evidence that sufficient progress has been made on this important issue”, he lamented.
He narrated that the Mission welcomes that a Bill was formally introduced in parliament this month that has the stated aim of increasing women’s participation in public and political life. However, he stated that the consultation process in preparing the draft was lacking.
He said they share the hopes of many in Sierra Leone that a meaningful consultation process and clear re-drafting of the Bill will, in combination with political parties own internal policies result in at least 30% of MPs being women in 2023.
Dilating further, he said there have also been improvements regarding the Independent Media Commission.
By modifying the appointment procedures for board members, who are no longer appointed by the President, another EU recommendation has been partially implemented.
In conclusion, he acknowledges the achievement of decriminalizing libel as a vital step ensuring and strengthening freedom of expression in Sierra Leone. He said the amendment of the Public Order Act addresses fully one EU recommendation made in 2018.
“While there remain several issues of concern; there is still time remaining to address many of these issues. We recommend that the powers in the Constitution be exercised with restraint and in the spirit of democratic compromise, not winner takes all”, he stated.