GEO’2013 SEOUL THEME: SUSTAINABLE ELECTORAL PROCESSES, STRENGTHENED DEMOCRACY PRESENTATION ON: UNDERSTANDING ELECTORAL VIOLENCE AND SECURITY: HOW TO MITIGATE RISKS TO THE ELECTORAL PROCESS PRESENTED BY: MR. AHMED ISSACK HASSAN, EBS CHAIRPERSON

Independent Electoral and Boundaries Commission 2 ORDER OF PRESENTATION A. INTRODUCTION B.MANAGING ELECTIONS: KENYA CASE C.CHALLENGES FACED D.LESSONS LEARNT

Independent Electoral and Boundaries Commission 3 A. INTRODUCTION  Today we are all alive to the Electoral reforms in the recent past that Kenya has undergone after the 2007/2008 electoral violence.  It has been argued that the commencement of violent hostilities witnessed at the time was a typical reflection of existing social cleavages, a weak institutional and legal framework of the electoral system.  Today ladies and gentlemen opportune us to continually interrogate and exchange with each other views and determine practicable solutions in the broad areas of Election Violence and Security.  Worth noting though is that non-violent transformation and the consolidation of lasting peace require prolific, varied, innovative and often creative approaches to building cultures of dialogue.

Independent Electoral and Boundaries Commission 4 Introduction……(conti)…  Electoral violence in Kenya, and Africa as a whole, has been attributed to the lack of a democratic culture. This was evident during the pre-election phase to the 4 March General Election when political parties held chaotic nominations. Though post- electoral peace is holding for the moment, the thorny tribal politics in Kenya remains a tortuous and volatile business.  To this end, Kenya has made several reform measures and put in place, structures particularly aimed at addressing and preventing the general situation of insecurity such as pre- election violence; Election Day and post-election violence; inter- communal and resource-based conflicts; and conflicts arising from fierce contestation for political power.

Independent Electoral and Boundaries Commission 5 Introduction……(conti)…  In addressing such factors of mitigating risk in an electoral process, three crucial clusters cannot be ignored. They include: Improved Electoral Security – this points to specific electoral security measures which can be undertaken throughout the electoral cycle to protect electoral actors, events, facilities and materials from violence. Improved Peace Architecture – points to different strategies that can be used by other state and non-state actors to mobilize civil society organizations (CSOs), traditional and religious leaders, reputable individuals and other organizations and individuals with capacity contribute in defusing election-related tensions. Improved Electoral Management and Justice – points to specific electoral planning, implementation and dispute resolution strategies that can be used to avoid controversies and technical flaws in order to minimize the potential for violent outbreaks.

Independent Electoral and Boundaries Commission 6 Introduction……(conti)…  The Independent Electoral and Boundaries Commission of Kenya in its reform agenda employed this clusters as an action plan in its specific electoral phases which included:- Legal and Institutional Electoral Framework, Planning and Preparation for Implementation of Electoral Activities, Training and education, Registration of voters, political parties and election observers, electoral campaigning voting operations, election results announcement, post electoral phase

Independent Electoral and Boundaries Commission 7 B. MANAGING THE ELECTIONS: KENYA CASE  Legal and Institutional Electoral Framework Promulgated a new Constitution establishing the Independent Electoral and Boundaries Commission with Fresh mandate. the Commission would spearhead the drafting and implementation of relevant electoral legislations that would address among others the national consensus on an appropriate electoral system which takes into consideration advantages and disadvantages of different design options. They included:- the Elections Act; Political Parties Act; Leadership and Integrity Act. The law was also to Assign clear electoral security responsibilities to different security sector and government agencies and Define collaborative mechanisms and information exchange with electoral management bodies and other relevant agencies and citizens’ groups.

Independent Electoral and Boundaries Commission 8 Managing the Elections: Kenya case. Conti…..  Planning and Preparation for implementation of the electoral Activities Delimitation of boundaries- As part of fulfilling its mandate, the Commission completed its exercise in creation of additional constituencies and county assembly wards boundaries. Electoral timelines- Developed electoral timelines synchronized with provisions of law and engaged different stakeholders Voter registration-The Commission established a Biometric Voter Register, and conducted a successful Voter Registration campaigns and sensitization through various means this saw over 86% of eligible voters successfully registered.

Independent Electoral and Boundaries Commission 9 Managing the Elections: Kenya case. Conti….. Voter Education- the Commission laid out a successful voter Education Framework through out the Country by launching a voter education programme with four publications Voter Education Curriculum, the Voter Education Training Manual, Gender Guide to the Constitution of Kenya and the Handbook on Elective Positions. Also Massive campaigns were also conducted on peace and elections. Security-Several reform measures were put in place, to address and prevent the general situation of insecurity before election; Election Day and post-election; inter-communal and resource-based conflicts; and conflicts arising from fierce contestation for political power. The Commission worked closely with security agencies to strengthen security during the voter registration exercise.

Independent Electoral and Boundaries Commission 10 Managing the Elections: Kenya case. Conti…..  Training And Education Training of electoral officials conducted was conducted in all regions on electoral preparedness and voter registration processes Training conducted on all members of the SPFE under the National Training for Election Security Arrangement Project (NTESAP) and Synergy between IEBC and police gave security priority. all non-state actors which cooperate within the ‘electoral peace initiative framework’ were made familiar with electoral processes including timelines, procedures and operational details through EMB provided training and documentation.

Independent Electoral and Boundaries Commission 11 Managing the Elections: Kenya case. Conti…..  Registration of voters, political parties and election observers Over 25,000 Registration Centers established across the country making it easily accessible to voters The Commission used community radio to keep the public informed on when and where registration exercises would be taking place within the Ward. With the introduction of a Short Message Service (SMS) verification process and through provisional lists displayed at the registration centers registrants would verifying their registration details at their convenience. The Commission would conducted hearings to disputes arising from the political parties Nominations after which Commission would gazette final list as mandated by Law.

Independent Electoral and Boundaries Commission 12 Managing the Elections: Kenya case. Conti….. Voter educators in constituencies were recruited to assist in sensitizing the public on the importance of participating in the electoral process. Public involvement into appreciating and understanding the electoral process was conducted.

Independent Electoral and Boundaries Commission 13 Managing the Elections: Kenya case. Conti…..  Electoral Campaign The Commission maintained close collaboration with the security sector agencies through the national Joint Operation Centre during the campaign period. The Commission would invite aspirants and take them through the requirements during campaign periods. The Commission under its mandate would cooperate with the prosecutor’s office, media regulatory agencies and other institutions to ensure that those responsible for violations of campaigning rules and regulations and instigation or perpetration of conflict and violence are sanctioned.

Independent Electoral and Boundaries Commission 14 Managing the Elections: Kenya case. Conti…..  Voting Operations (election day) Voting stations scheduled to open in time apart from few areas were infrastructure was challenging. Voter turn out was a good thing and bad thing at the same time as it put the Commission under pressure to conduct 6 Elections in one day. The Commission may consider how to effectively manage the Six elections in one day under operation managements; Future consideration on legal amendments to stagger the Elections and introduction of early voting. Early security deployed during the election but was challenging in terms of number. ensured flow of information despite the challenges

Independent Electoral and Boundaries Commission 15 Managing the Elections: Kenya case. Conti…..  Election Results Announcement Is essential that if an electronic results transmission system is to be used again the system must be adequately tested to ensure its reliability. Management of outsourced services need to be done professionally. Engagement of media in early stages of the electoral process ensured adherence to guidelines for responsible and ethical coverage of elections should be maintained in the election period. All media houses were fed from one streaming system to allow consistency in transmission of results.

Independent Electoral and Boundaries Commission 16 Managing the Elections: Kenya case. Conti…..  Post-Electoral Phase Critically evaluate implementation of the previous electoral cycle in order to learn and strengthen institutional capacity for the next elections. Initiate reforms needed to improve credibility of electoral processes. Maintain close collaboration with other organizations towards the next round of elections. Focus on the long-term approaches targeting structural factors which have an impact on elections such as; poverty; social and political exclusions; gender-based discrimination and violence; disarmament, demobilization and reintegration; organized crime; and human rights’ violations etc.

Independent Electoral and Boundaries Commission 17 C. CHALLENGES FACED  Legal Framework: Delay in passing of key legislations by parliamentarians and amendments watering down the IEBC role. Inadequate attention to regulation Watering down of crucial provisions. Cascaded effect on voter education and training  Use of technology Belief that technology would solve the problems in the electoral process Insistence on implementing multiple technologies regardless of whether they solved the identified problem. Commission Implemented 3 major technologies in a single election cycle and each new system carried a degree of risk (No adequate time to test the technology).

Independent Electoral and Boundaries Commission 18 Challenges faced….conti…  Data management:  With the massive number of Contestants, managing the ballot papers was another challenge to the Commission. There 1881 contested positions i.e. 1- President 47- Governors 290- Members to the National Assembly 47-Senators 47- Women Representatives 1450-County Assembly Ward Representatives  Rising Security Concerns  Six Ballots in one day

Independent Electoral and Boundaries Commission 19 KEY LESSONS LEARNT  Voter Education there was a general perception that the entire election period the IEBC had not devoted sufficient time and resources to voter education. The incredibly high number of rejected and spoilt votes may be traced to voter ignorance. Find ways for Voter Education make it a continuous rather than an event- based process. Need to separate Election operations with other Election activities. This the Commission learnt was different business all together. (i.e. Adequate resourcing of the Electoral activities across the Country. Improve on the system managing the queues and streams in polling centers: consider treating each stream as a polling station to avoid congestions).

Independent Electoral and Boundaries Commission 20 Key Lessons learnt …conti..  Voter turnout Was a good thing and bad thing at the same time as it put the Commission under pressure to conduct 6 Elections in one day. The Commission may consider how to effectively manage the Six elections in one day under operation managements; Future consideration on legal amendments to stagger the Elections and introduction of early voting.  Diaspora Voting Diaspora voting is five times expensive more than the National Elections. There is need to Intensify efforts to provide for early registration of voters in the diaspora and conduct elections for registered voters outside the East Africa Region.

Independent Electoral and Boundaries Commission 21 Key Lessons learnt …conti..  Policy Making There is need to develop policies in good time on timelines for continuous voter registration; in future it maybe necessary to pursue the integrated identification system in collaboration National Registration Board and other government departments?  Legal Framework Need to amend legal framework on elections to provide realistic timelines that do not jeopardize the Commission's planning and conduct of elections. Campaign and advocate for party and Campaign finance Law to be passed into law to ensure probity, transparency and fairness in electoral financing.

Independent Electoral and Boundaries Commission 22 Key Lessons learnt …conti.. The Commission will have to work with parliament to ensure legislative process is in harmony with election administration  Early Electoral Timelines review The timeliness for last 90 days, critical in any election, were reduced by amendment of electoral laws. There is need for early review Voter registration, which was supposed to end 3 months to the general election, was allowed to go on for another month. Subsequently, the inspection of the register, which was supposed to run for 30 days was undertaken in 14 days.

Independent Electoral and Boundaries Commission 23 Key Lessons learnt …conti..  Administratively:- The Commission will need to strengthen and improve the format for compilation of voter register to make it more user friendly. Engagement of media in early stages of the electoral process ensured adherence to guidelines for responsible and ethical coverage of elections should be maintained in the election period.

Independent Electoral and Boundaries Commission 24 Key Lessons learnt …conti..  Technology all tasks from setting up of the ICT system to testing should be carried out in a timely manner to avoid last minute rush. Is essential that if an electronic results transmission system is to be used again the system must be adequately tested to ensure its reliability. Management of outsourced services need to be done professionally

Independent Electoral and Boundaries Commission Address: University Way, Anniversary Towers, 6th Floor P.O Box , Nairobi, Kenya. Phone: (254) , fax: (254) website: Thank You