STRATEGIZING FOR PREVENTION OF

ELECTORAL VIOLENCE

By

Bashir Hadi AsharaDepartment of Mass Communication Kaduna Polytechnic

BEING A WORKSHOP PAPER PRESENTED AT A WORKSHOP ON: ELECTORAL PROCESS AND SECURITY

INTRODUCTION Within a decade of demonstration of democracy in the Nigerian polity, the issues of free and fair election devoid of electoral violence and other maladies have continued to take the centre stage. It has become the norm that elections in Nigeria are associated with tensions between groups and the eventual escalation to violence Nigerians seems to have acquired a culture of political/electoral violence.

Violence has become part of the political culture in Nigeria such that all elections since independence (Nigeria has conducted six general elections since independence in 1960.

The elections were held in 1964, 1979, 1983, 1993, 1999, 2003 and 2007) are virtually violence ridden. All of these elections were substantially marred by various types of electoral violence or violence associated with party politics and conduct of elections.

Thus, one of the major challenges of managing the electoral systems in Nigeria is

how to prevent pre, during and post election violence. The success or failure of any election depends on the stakeholders performing their duties (INEC, Political Parties, Election Observers, Judiciary, Media and Security Agencies).

Elections in Nigeria have been marked by violence leading to negative impact. It is therefore important that everything should be done to reduce and mitigate the harmful effects of electoral violence.

Nigeria will be conducting elections in April 2011.

This paper examines the strategies for prevention of electoral violence

DEFINITION OF CONCEPTSElection; An election is a formal decision-making process by which a population chooses an individual to hold public office (wikipedia 2010) Elections are generally conceived as a means of peaceful change of leadership in societies. It is defined as a "process of actualising representative democracy and it exposes people to the

experiences of competition for power through balloting" Elections are the acceptable means of effecting changes in government in contemporary democracies. An election is “an organized event at which somebody is chosen by vote for something, especially a public office.

Types of electionsIn most democratic political systems, there are a range of different types of election, corresponding to different layers of public governance or geographical jurisdiction. Some common types of election are:

General election Primary election By-election referendum

Electoral systemsElectoral systems are the detailed constitutional arrangements and voting systems that convert the vote into political decision.

ViolenceViolence is defined as "an act against an individual or group, with the intent to cause injury or death" Violence: is any act which causes or may cause any person physical, psychological, emotional, sexual, verbal or economic harm, whether this occurs in private or public life, in peace time or in conflict situation. Otite 1990, explains that "violence and conflict arise from the pursuit of varying interests, goals and aspirations by individuals, and or groups. He also explains that violence is a fact of life, especially in plural societies like Nigeria and it could effect positive change"

ELECTORAL VIOLENCE:Dennis (1996.) defined Electoral violence as any act of violence perpetuated in the course of political activities, including pre, during and post election periods, and may include any of the following acts: use of force to disrupt political meetings or voting at polling stations, or the use of dangerous weapons to intimidate voters

and other electoral process or to cause bodily harm or injury to any person connected with electoral processes.

In general terms, all forms of violence that emanate, at any stage, from differences in views, opinions and practices during the process of elections, could be regarded as electoral violence. Electoral violence is the employment of force by political parties or their supporters to intimidate opponents and threats to a democratic regime, and has often accounted for seizures of political power by the use of undemocratic means, such as force"

In some instances, the violence was used to intimidate opponents in order to force them not to dare open and free expression of their choices of candidates; whilst in others, violence was in reaction to rigging of elections.

Electoral Violence in PerspectiveThe incidence of electoral violence is as old as mankind. Wherever there is political competition, there is always an element of electoral violence. As observed by Ettang (2011): Violence or threat of violence is a universal phenomenon. Individuals and groups throughout history have in one form or another resorted to violence or its potential use as a tactic of political action. Violence has been used by groups holding power, and by groups in the process of losing power. Violence has been pursued in the defence of order, by the privileged, in the name of justice, by the oppressed, and in fear of displacement by the threatened

Election-related problems in NigeriaProblems that prevent an election from being "free and fair" take various forms:

Lack of open political debate or an informed electorate The electorate may be poorly informed about issues or candidates due to lack of freedom of the press, lack of objectivity in the press due to state or corporate control, or lack of access to news and political media. Freedom of speech may be curtailed by the state, favoring certain viewpoints or state propaganda.

Unfair rules This can include exclusion of opposition candidates from eligibility for office, and manipulating thresholds for electoral success are some of the ways the structure of an election can be changed to favor a specific faction or candidate.

Interference with campaigns Those in power may arrest or assassinate candidates, suppress or even criminalize campaigning, close campaign headquarters, harass or beat campaign workers, or intimidate voters with violence.

Tampering with the election mechanism This can include confusing or misleading voters about how to vote, violation of the secret ballot, ballot stuffing, tampering with voting machines, destruction of legitimately cast ballots, voter suppression, fraudulent tabulation of results, and use of physical force or verbal intimation at polling places.

Causes of electoral violenceTo solve any problems there is always the need to understand the root cause of the problems. To effectively tackle the hydra-headed problem of political violence in Nigeria one will need to know cause. Balogun (2003) identified the causes of electoral violence as:

i. Partisanship and Bureaucratic bottle-necks;ii. Rigging of elections;iii. Annulment of Election Results;iv. Electoral mal-practices;v. Faculty delineation/improper location of polling centresvi. Denial of right to free campaigns; (CPC in Niger state)vii. Undue coercion of citizens to vote;viii. Multiple underage voting amongst other causes

Ettang (2011): enumerated the causes of electoral violence

Poverty/Unemployment. Poverty is the state of being extremely poor. It is a situation whereby an individual cannot meet the basic needs of life (Maslow,

1954). Such a person is more likely to participate in violence than a rich person in line with the relative deprivation theory . When the situation is compounded by a “youth bulge,” the propensity for violence increases . The crumbling of nation-states in future has been attributed to demography and environmental f This assertion aptly captures the situation in Nigeria, where an ‘army of unemployed youth’ has become a tool for electoral violence. (Kalare In gombe,jagaliya in Kano)

Ineffectiveness of Security Forces/Culture of Impunity. The ineffectiveness of security outfits (especially the Police) is another factor that has encouraged electoral violence. During the pre-election stage of the 2003 Elections for example, a number of politicians were murdered. The Police have been unable to get to the root of these killings. This failure seems to be creating a culture of impunity and motivation for recurrence of the crime. It could be argued that the centralized control of the police by the Federal Government contributes to the laissez-faire attitude of the police. This is because the Federal Government seems to tolerate the inefficiency as far as the Police do its bidding.

Weak Penalties. The criminal or penal code of a nation spells out crimes and the penalties or punishment for violators of the code. Penalties or punishment are intended to achieve correction, retribution and deterrence. In Nigeria, there are no specific legislations against certain electoral offences, only for associated acts like arson, assault and murder. The laws for example, have no provision for the snatching of electoral boxes from polling booths (a common crime during elections). Moreover, the penalties for acts associated with electoral violence like assault and arson, are generally weak; a few years imprisonment at most This has contributed to the culture of impunity and underscores the need to review the extant laws.

Weak Governance and Corruption. Weak governance and corruption are some of the causes of structural violence (Galtung, 1969) in Nigeria, the effects of poverty make people desperate enough to seek any means including crime and violence just to survive. This situation seemed to have created a ‘runaway norm ‘of ‘tolerating corruption’ at all levels of government. Corruption is closely entwined with political violence in Nigeria. Public revenues are not only stolen, but are

often used to pay for the services and weapons used for electoral violence. Amongst others, lack of accountability and dearth of social security could be adduced for the level of corruption. The Economic and Financial Crimes Commission (EFCC) set up to fight corruption have achieved some success but more need to be done especially as regards former corrupt top political office holders

Small Arms Proliferations. Another contributory factor to electoral violence is the proliferation of small arms in the country. There were over one million illegal small arms reportedly in circulation in Nigeria as at 2004. These weapons perpetuate violent conflict and create new cycles of violence and crime

EFFECTS OF ELECTORAL VIOLENCEPolitical Instability. Political instability often arises due to inability of opposition and relevant actors in governance to resolve perceived or real grievances. Electoral violence is both causative and symptomatic of political instability in Nigeria. It is symptomatic as it reflects an inchoate political system. It is also causative because it feeds the political crises that manifest regularly. Electoral violence, if not properly addressed, could ultimately lead to escalated violence. Political violence is incapable of building a strong, efficient and virile democratic nation (social development). It is anti-people because issues of human rights, gender equality, cultural rights and identities are often ignored or trampled upon. These adversely affect the human security and social development of the country.

Insecurity. Electoral violence breeds insecurity as it is often characterized by loss of lives and properties as was the case during the November 2008 political violence in Jos, Nigeria. Thousands of people were killed, and some were displaced and properties worth billions of naira were burnt, looted or destroyed. In addition to the insecurity, there are attendant costs like increased security votes and the resources spent on repairs of damaged infrastructure. These resources could have been better spent on human and social development and such trends adversely affect the social and economic wellbeing of the country.

It is axiomatic that development cannot occur in the absence of peace and security. The economy suffers in an atmosphere of insecurity and political instability. This is because investors are scared due to lack of security for their investment. Direct foreign investment is thus often lost in such circumstances which have contributed to the state of underdevelopment in Nigeria. According to Clare Short, “Businesses have a strong interest in peace and security in the countries in which they are operating or might wish to operate.”

STRATEGIES FOR PREVENTING ELECTORAL VIOLENCE

Prevention of Electoral Violence: The Police Role

Pre-Election Period: During the period proceeding elections the Police is usually involved in the following activities:-

Registration of Voters: whenever this exercise will be conducted by INEC to ensure that the registration is updated, reliable and acceptable to all parties, it is usually the duty of the Police to provide enabling environment not only to ensure that law and order is maintained at the various registration centres throughout the country, but also to provide adequate security for the materials and officials connected with the exercise. They are also to attend to crises that arise during this period to ensure that the voter’s registration is hitch free.

Screening And Clearing of Political Aspirants: The Police also has a vital role to play in the successful screening and clearance of political office aspirants, through furnishing the Electoral Commissioners with available confidential information or records to assist determine correctly the eligibility of prospective candidates;

Party Congresses and Conventions: One of the major activities of political parties is the organisation of party congresses and conventions during which party executive members for various levels are elected to oversee the activities of such parties. The parties are saddled with the responsibility of ensuring adequate security coverage to enhance peaceful conduct of such congresses and conventions. There is no disputing the fact that most of the congresses held before the elections times by the political parties would have been disrupted by

aggressive and violent party members and their supporters if not for the heavy security presence on the grounds.

Political Campaigns/Meeting/Rallies:" Registered political parties regularly organize campaigns, meetings and rallies for their members. It is the duty of the Police to ensure that such campaigns and rallies are regulated to ensure law and order. The Public Order Act of 1979 empowers the Police to issue permits for such rallies, campaigns, meetings and processions. The Act mandates all political parties or groups intending to hold rallies, campaigns or processions to apply to the State Commissioners of Police for a permit. The application which should be submitted not less than 48hrs before the date and time of such meeting should indicate the venue, time, date and routes to be taken in the case of a procession. The approval of such an application should be obtained in not less than 24 hours before the meeting, rally or campaign.

Election Day:Conduct of the Elections: whenever any major election is holding, Police collaborates closely with INEC to ensure security of electoral materials, the officials and peaceful conduct of such elections at all centres including the collation of results. On such occasions too, enhanced security arrangement is usually made for INEC officers, and the headquarters of the parties. Security agents also provide escort for polling officials conveying final election results to the headquarters of the Electoral Commission.

Post-Election PeriodElection Tribunals: The Rule of law is a major ingredient of democracy. Consequently, election tribunals are always established to hear petitions arising from the conduct and result of election. Because of the sensitive nature of such cases and their attracting huge crowd of party supporters to the court, adequate security arrangement is normally made to ensure that the job of the tribunal is undisturbed. Police personnel who are vital witnesses in such cases are also made available to assist the court in promptly determining the petitions. Police also function in the arrest and prosecution of persons accused of involvement in 11

election offences, thereby helping to facilitate effective administration of justice and sanitizing the electoral systems.

Post -Election Crises: It is a known fact that our country witnesses some post election crises in the past particularly during the elections of 1964, 1983 and 1993. These crises have always been traced to such reasons as the inability of the parties and their members to gracefully accept defeat; for obvious malpractice during the conduct of the elections; lack of respect for the Rule of law and outright desire to cling to power by all means. It has therefore been the onerous responsibilities of the Police to handle such delicate crises in such a manner to ensure that the internal security and corporate existence of the nation are not threatened.

PREVENTION OF ELECTORAL VIOLENCE: THE UNDP GUIDELINES The UNDP guidelines on prevention of election violence (2007) suggests three strategies/ programmes to be implemented on all levels, (from a national level down to the polling station level), that should lead to decreased electoral violence. It specifically emphasizes the significance of the district level electoral officials who can act as mobile trouble shooting units on the polling day and who possess the best knowledge of the ongoing events in the field before and after elections.

These three areas which could be incorporated in guidelines against electoral violence include:

1. Training programmes: polling station staff training has to be more interactive (role play activities, scenario-building) in order to increase staff capacity to handle Election Day complaints effectively before they escalate to violence

2. Dialogue among electoral stakeholders (political parties, EMBs, human rights organizations, security forces etc.) to create an agreement on the rules of the game, but also the build-up the commitment and relationships (exchange of information, regular meetings, contingency planning). Dialogue efforts are essential not only centrally but also on lower levels, ensuring that district/village level conflicts are resolved and that all actors respect the codes of conduct

3. Efficient and credible complaints processes: unresolved complaints are one of the main triggers for electoral violence (especially as they relate for instance to party registration), so the mechanisms to deal with them have to be efficient

MODELS FOR PREVENTING ELECTORAL VIOLENCEThere are several organizations that have already developed specific tools and methodologies to monitor and eliminate electoral violence. There are several organizations that have already developed specific tools and methodologies to monitor and eliminate electoral violence.

TIIHANA BLNC MODEL 1992 on the Indian example. This model requires vulnerability maps where areas that have history of violence are identified and security forces are deployed in these areas; phased election schedule if adequate security forces are not available; intensive observation by independent observers so that each polling station is covered at least once on the polling day; automatic re-poll if violence occurs and rule of law enforcement weeks ahead of the polls by organizing Flag Marches, rounding up criminals and executing arrest warrants.

Election Violence Education and Resolution (EVER) method (2004) which records incidents of electoral violence throughout electoral process. These incidents are broken down into specific components such as motives, victims, perpetrators, responses and impacts of violence. After thorough analysis, patterns are established and findings are presented to electoral commissions, government agencies, security forces and other relevant stakeholders, who are thought to craft responses that will ultimately prevent or mitigate further electoral violence. Part of the methodology is also connected to monitoring and reporting on the responses. The EVER methodology was applied in several cases such as Guyana (2006), Ghana (2004).

RecommendationIn order to stamp out electoral violence in Nigeria the following measures should be taken:-

i. Use of National Identity Card:- The use of identity cards to vote as is done in advanced countries like USA would allow for proper registration of voters and prevent multiple voting thereby eliminating the attendant contentions about multiple voters and underage voting.

ii. Mass Education:- The Agencies of government charged with mass education should rise up to their duties. A properly educated and in formed public will not only see the ills of political violence and refrain from it, but will also help Nigerians take the right political postures about issues and policies.

iii. Need for Electoral Law Reforms: It has been observed that the punishment for electoral violence and offences are too weak to deter would be offenders. It is therefore recommended that sponsors of political violence and their agents should face heavy fines or long jail terms on conviction.

iv. Citizens Participation in Politics: It is unfortunate that most Nigerians view politics as the business of few in political power and the few in power see them selves as Lords and not servants. Citizens should be educated to feel they have a stake in governance and measures should be put in place to make elected officers accountable and more responsive.

v. Good Governance: Political stability and peace is a function of good governance it implies high level of organisational efficiency in relation to policy formulation and implementation. It entails accountability, transparency, participation and maintenance of rule of law.

vi. Establishment of Constitutional Court: To avoid the diverse and indiscriminate interpretation of laws relating to elections and the indiscriminate issuance of injunctions and ex-parte motion, it is recommended that a Constitutional Courts should be put in place to interpret and handle election and Constitutional matters. This, it is believed will curtail some excesses that in many instances generated electoral violence.

Conclusion As several experts point out, any programme designed to prevent electoral violence would benefit substantially from targeting the entire electoral cycle. It is rarely if ever sufficient to introduce a variety of measures shortly before the Election Day. Although electoral violence is not condoned by any of the practitioners.

It is my belief that with the implementation of the measures outlined above, and the appropriate funding and equipping of our security outfits, the nation will experience less of politically motivated violence

Reference Dorcas Ettang (2011): The impact of electoral violence on ongoing peace processes in Nigeria

Mueller, Dennis C. 1996. Constitutional Democracy. Oxford: Oxford University Press.

Tafa A. Balogun, (2003) Nigeria: Electoral Violence and National Security

Thompson Bobby Ugiagbe (2010) Electoral Violence in Nigeria: Implications for Security, Peace and Development