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Introduction
In what many consider a significant milestone for Sierra Leone’s democratic process, the Tripartite Committee, comprising representatives from the SLPP Government, the APC, and moral guarantors, has finalised and presented its recommendations on electoral systems and processes. After six months of intensive collaboration among key stakeholders, the final report was submitted to President Julius Maada Bio on Monday, July 1, 2024, at the State House in Freetown.
On receiving the conclusive Report on Electoral Systems and Management Bodies’ Review, President Bio expressed his commitment to deepening Sierra Leone’s democratic credentials through just and inclusive electoral management and process reforms. He went further to commend the Committee members for their exceptional service and acknowledged the support of development partners who have upheld the principles and objectives of the Committee’s work.
“My Government is committed to implementing the full recommendations of the Tripartite Committee. We will ensure that the process is as inclusive and participatory as possible,” the president assured.
Despite some misunderstanding in the later part of the Committee’s work, it achieved 80 recommendations, which promise to transform Sierra Leone’s electoral system. By collectively working towards implementing these recommendations, there is an opportunity to strengthen democratic processes and foster unity in the nation.
What is the Tripartite Committee
Established in the aftermath of Sierra Leone’s contested 2023 elections, the Tripartite Committee was tasked to scrutinise election outcomes, certification procedures, and observer assessments and implement the Public Elections Act of 2022. The Committee originated from a joint communiqué signed in October 2023 between the ruling Sierra Leone People’s Party (SLPP) and the principal opposition, All People’s Congress (APC). Its formation was facilitated by mediation efforts from international entities such as the Commonwealth, African Union, and ECOWAS. The U.S. government allocated $1.5 million to bolster the committee’s operational capacities.
The work of the Tripartite Committee was expected to end on June 19, 2024. Fear gripped the entire country as rumours of a planned protest made the rounds on social media following claims that the APC had suspended its participation. The issue of misinformation and disinformation has been of significant concern among Sierra Leoneans, as supporters of the main opposition party, APC, strongly believed that the Tripartite Committee would recommend a rerun of the 2023 presidential election, while the SLPP quarter believed otherwise.
In a press release on June 14, 2024, APC informed the general public of withdrawing from the Tripartite Committee. The APC’s unexpected move at the final stage of the tripartite deliberation dealt a severe blow to the ongoing efforts for reconciliation and stability in Sierra Leone. These discussions were crucial for tackling important issues and promoting national unity, providing a vital platform for constructive engagement among political parties. The APC’s exit highlighted the difficulties in navigating Sierra Leone’s polarised political landscape and emphasised the urgent need for all parties to prioritise dialogue and compromise.
In another press release dated June 18, 2024, the APC announced its decision to resume participation in the Tripartite Committee despite facing ongoing challenges and a lack of cooperation from the SLPP government and the Electoral Commission for Sierra Leone (ECSL). In that press release, the APC underscored its commitment to electoral justice and democratic principles, criticising the ECSL for allegedly using unfounded justifications to conceal electoral malpractices.
In addition, the APC accused the SLPP government and ECSL of failing to produce or verify disaggregated data from the June 24, 2023, elections, suggesting that this refusal indicates potential discrepancies that contradicted the figures announced by ECSL Chairman Mohamed Konneh. The APC claimed that credible evidence of over-voting and other discrepancies exposed the announced election results as a fabrication. They asserted that, aside from the ECSL, all other participants in the June 2023 elections were aware that the results were manipulated.
The actions of the APC necessitated the extension for the submission of the Tripartite Committee’s report, which was announced during a formal ceremony during which the Government of Sierra Leone and the All Peoples Congress (APC) issued a joint statement reiterating their unwavering commitment to peace, electoral justice, and national cohesion. President Bio, at the formal handing over ceremony of the joint statement held at the State House, expressed profound gratitude to the committee members, international partners, and moral guarantors involved in this process, emphasising Sierra Leone’s democratic maturation.
“Democracy is a process that evolves,” he noted, commending the collaborative efforts of the government and committee in advancing the nation’s democratic journey. He acknowledged the critical roles of the main political parties, development partners, and the Ambassadors of the United States, United Kingdom, and European Union. “This is not the final day; there is still work to be done,” he urged the committee to deliver a comprehensive report.
Key recommendations
DUBAWA highlights some key recommendations from the report.
- Recommendation three explains that a new information/document management policy should be developed, starting with the principle that all Commission documents should be public unless they are needed to protect information privacy and commercially sensitive issues. An electoral commission expends substantial amounts of public funds throughout the electoral cycle. As a public body, the Electoral Commission is subject to Sierra Leone’s requirements for expenditure, reporting, and audit of its accounts. The Committee could not find copies of any published annual accounts or audit reports on either the Electoral Commission or the Audit Service Sierra Leone’s website. The Electoral Commission should proactively share its annual accounts, audit reports, and responses with the public and significant stakeholders.
- Recommendation fifteen suggests that the government should subsidise national ID cards to eliminate the need for separate voter identification documents, thereby reducing costs for the Electoral Commission. This approach simplifies the voter identification process, making it easier for citizens to participate in elections and potentially increasing voter turnout. Additionally, a standardised ID system enhances the efficiency and security of the electoral process by reducing fraud risks and fostering a more transparent system. Subsidising national ID cards also encourages civic participation by making identification more accessible and affordable for all citizens.
- Recommendation thirty-four proposes amending Sections 43 and 87 of the Constitution to establish a fixed date for holding Presidential and Parliamentary elections on the last Saturday in March, April, or May every fifth year. This amendment would create a predictable election schedule, ensuring consistency and reducing uncertainty about election timing. By setting a fixed date, the amendment aims to enhance electoral planning and preparation, providing stability for both voters and candidates.
- Recommendation forty-five proposes revising Section 17(c) of the Public Elections Act, which disqualifies all persons serving a sentence of imprisonment from voting, to make provisions for prisoners to vote in presidential elections, including persons in pre-trial detention. Unless otherwise provided by law, status as a prisoner should not be a de facto disqualification for candidacy; any such disqualification should be as separately provided for in law.
- Recommendation forty-nine suggests that if a presidential candidate faces criminal charges involving the State within a year before an election, the trial should be postponed until one year after the election. This is intended to prevent legal proceedings from unfairly affecting the electoral process. Additionally, the legislation must include provisions for independent candidates, ensuring they are clearly defined and appropriately represented in the electoral framework.
- Recommendation fifty-three states a constitutional amendment to Section 42(2)(e) of the Constitution so that in the presidential election, a candidate can only be elected in the first round if they:
(a) Obtain 50% + 1 vote of the total valid votes cast nationally; and
(b) Obtain 25% of the total valid votes cast in each District in at least half of the Districts of Sierra Leone. When the two thresholds are not met, there is a second round, and the candidate with the most valid votes will be declared elected.
The Committee recognises the need for early and diaspora voting and suggests that this issue be discussed in the national dialogue, as stated in recommendation seventy-eight. This approach addresses the logistical challenges of citizens who cannot vote on the official election day due to being abroad or having other commitments. By including this topic in the national dialogue, the Committee seeks to ensure that any proposed solutions are thoroughly considered and widely accepted.
Conclusion
The Tripartite Committee’s formation and subsequent recommendations mark a significant milestone in Sierra Leone’s democratic journey. Despite initial setbacks and political tensions, the committee’s collaborative efforts, supported by international partners, have yielded comprehensive recommendations to enhance electoral transparency, accountability, and inclusivity.
President Bio’s commitment to implementing these recommendations underscores a collective resolve to strengthen Sierra Leone’s electoral systems and foster national unity. Moving forward requires sustained dialogue and cooperation among all political stakeholders, ensuring that the democratic process continues to evolve and mature for the benefit of all Sierra Leoneans.
This report is produced for the DUBAWA 2024 Kwame KarKari Fact-Checking Fellowship in partnership with Epic Radio to facilitate the ethos of truth in journalism and enhance media literacy in Sierra Leone.