ECOWAS OBSERVER MISSION TO THE PRESIDENTIAL RUN-OFF ELECTION IN THE REPUBLIC OF BENIN
18TH – 23rd MARCH 2006


FINAL REPORT - Executive Secretariat, Cotonou, 23rd March 2006

CONTENTS

I. INTRODUCTION

II. GENERAL INFORMATION ON THE REPUBLIC OF BENIN.

III. PLAN OF WORK OF OBSERVER MISSION

A. Preparatory Work of the Mission
B. Observation of Voting Process
C. Provisional Results

IV. OBSERVATION AND ANALYSIS

V. RECOMMENDATIONS

VI. CONCLUSION

VII. ANNEXES

· Turn out and Provisional Results

· Declaration

INTRODUCTION

1. The Executive Secretary of ECOWAS deployed twenty (20) observers to the Republic of Benin with the task of observing the run-off election held on Sunday, 19th March 2006. This is in conformity with the provisions of Article 12 of the Protocol on Democracy and Good Governance, the Supplementary Protocol relating to the Mechanism on Conflict Prevention, Management, Resolution, Peacekeeping and Security and the implementation of Decision A/DEC.19/01/03 of the 26th Session of the Authority of Heads of State and Government held in Dakar on 31 January 2003, which mandate the Executive Secretary to send into any member state holding elections, either a supervisory or observer mission.

2. The ECOWAS Observer Mission was made up of delegations from Cape Verde, Ghana, Guinea, Mali, Nigeria, Sierra Leone, Togo and personnel of the Executive Secretariat.

3. The Mission was led by H.E. Bitokotipou Yagninim, member of the ECOWAS Council of Elders. The Coordinator of the Mission was Dr. Abdel-Fatau Musah of the Executive Secretariat.

4. The terms of Reference of the Observer Mission were as follows :

(i) To be in close contact with the competent authorities of the host country;

(ii) As may be necessary, to cooperate with other NGOs and all
other observer missions while still keeping the independence
of the mission;

(iii) To refrain from making any individual declarations. Every declaration was to be the collective view of the mission and issued on behalf of the mission by the chief of mission or a spokesperson designated for such a task;

(iv) To forward a report to the Executive Secretary addressing the following:

· Everything the mission had observed;

· All information gathered by the mission;

· Assessment of the election against the yardstick of national electoral laws and universally accepted electoral principles;

· Recommendations on ways to improve future elections and observer missions;

(v) The report of the Observer Mission is to be signed by every member of the mission and submitted to the Executive Secretary by the Chief of Mission within a period not later then fifteen (15) days from the end of the mission.

II. GENERAL INFORMATION ON THE REPUBLIC OF BENIN

5. For general information on the Republic of Benin, please refer to the relevant section of the final report on the first round dated 7th March 2006.

III. PREPARATORY WORK OF THE OBSERVER MISSION

A. Preparation towards the Mission

6. With the exception of one observer, all other observers on this mission were also members of the observer mission to the first round of the presidential election held on Sunday, 5th March 2006.

7. As a result of late communication to the Executive Secretariat regarding the actual date for the run-off, the ECOWAS observer mission made a precipitate arrival in Cotonou on Saturday, 18th March 2006.

8. On the night of Saturday, 18th March 2006, there was a normal briefing by the coordinating team and head of ECOWAS Zonal Bureau. This briefing was chaired by the head of the mission. At this meeting, information on administrative and logistic matters were discussed, notably:
· Accommodation
· Transport
· Means of Communication
· Health
· Financial matters

9. For the purpose of coordination and security, all observers were accommodated at Hotel Croix du Sud before their deployment to the field. A secretariat and conference room were made available for the observers at Hotel Croix du Sud for the purpose of coordinating the different activities of the Observer Mission.

10. In line with the plan of deployment, the work of the mission comprised seven (7) phases:

· In the evening of Saturday, 18th March 2006, observers were welcomed, accommodated and settled;

· That same evening, observers were deployed into teams of two or three persons to do a preliminary reconnaissance and assessment of the prevailing mood and situation in Benin;

· The plan of deployment of the teams into the field to observe the election on Sunday, 19th March 2006 was announced to the observers late into the night of Saturday 18th March 2006 after the teams had reassembled to discuss their preliminary assessment report;

· 19th March 2006: The major activity was observation of the actual voting process from before opening of polling stations until the counting of ballots. The deployment of the teams was to the following southern administrative districts: Littoral (Cotonou and its environs), Oueme (Porto Novo and its environs) and Atlantique (Abomey-Calavi). The coordinating team also put in place a system to receive information from the districts of Borgou, Donga and Zou.
The head of each team was given a SIM card and two rechargeable Areeba cards of 100 units each to assist in inter-team communication and also communication between deployed teams and the coordinating team;

· Night of 19th March 2006: Teams reassembled at base for a debriefing session chaired by the head of mission;

· 20th March 2006: Preliminary Declaration of ECOWAS observer mission issued at a press briefing at Hotel Croix Du Sud. The head of mission addressed the briefing;

· 21st to 24th March 2006: In-depth analysis of the observation, and preparation of report (while waiting for the official results to be declared by CENA). Return of observers to their respective countries.

B. Observation of Voting Process

· The opening and closing of polling stations

11. Most polling stations opened within one hour of the stipulated official time of 07:00 and closed after nine (9) hours of voting as stipulated by law.

· Electoral materials

12. Most electoral materials were complete and available in all the polling stations observed. Indeed, reusable materials used in the first round had been secured within the voting vicinities and this greatly alleviated the logistical problems observed in the first round.

· Security at polling stations

13. No major incidents were observed or reported. Security was effectively assured by the competent agents who carried out regular and non-intrusive patrols in the electoral areas observed.

· Secrecy of the Ballot

14. The secrecy of the ballot was assured; polling screens were installed in some polling stations and improvised in others to protect the secrecy of each voter’s choice.

· Identification of Voters
15. Within the limits of logistical constraints observed, adequate measures were taken to prevent double voting, including the marking of voter ID cards used in the first round, repeat finger printing against names on the voters’ list and the use of indelible ink.

· Counting Process

16. From the reports of the different teams, the process of counting in the areas observed was done in conformity with the provisions of the electoral laws.

· Summary of Voting Process

17. The process of identification, voting by secret ballot, counting and consolidation took place with a high level of transparency, thus protecting the confidentiality and integrity of the voting process.

· Declaration of results

18. The results were collated in the open in the presence of representatives of the presidential candidates assigned to the polling stations and in the presence of the electorate. Party representatives jointly signed on the legally provided appropriate record sheets and results were openly displayed.

· Election Officials

19. There was a marked improvement in the application of the electoral laws by the election officials who carried out their tasks with greater confidence and efficiency, than in the first round.

· Voter turnout

20. The electorate was determined to exercise its mandate in a calm atmosphere, with discipline and patience. The turnout was good.

C. Provisional results (see annex)

IV. OBSERVATION AND ANALYSES

21. The presidential run-off of 19th March 2006 was free, fair, transparent and credible and took place in a peaceful atmosphere.

22. Both candidates were represented by their agents at the polling stations observed.

23. The voter card, the only document which could allow one to vote, was not sufficient to identify a voter since it had no photograph affixed to it. This situation could favour its use by persons other than its actual owner.

24. Since the electoral list was hand-written, had no serial numbers, and comprised separate loose sheets it could be a source for manipulation during voting.

25. Even though the open air counting was a mark of transparency, this could in certain cases, pose a risk for the security of electoral materials, election officers and the integrity of the voting process.

26. Coordination and communication between the national headquarters of CENA and its sub-structures were reinforced and better organised in the run-off compared to the first round of 5th March 2006.

27. In general, the media, civil society and the political class helped to create a peaceful atmosphere for the election as well as in raising awareness among the electorate.

28. In the run-up to the second round, the vast majority of the presidential candidates who were eliminated after the first round, openly declared their support for Dr. Yayi Boni, who led in the first round. This development convinced the electorate that the outcome of the second round was already a foregone conclusion. The short notice of less than twenty four (24) hours given to the electorate to go to the polls may also have accounted for the lower turnout in the run-off. The coordinating team was in constant touch with the Executive Secretary who directed that the mission makes an early declaration on its findings. This was done in the afternoon of Monday, 20th March 2006.

V. RECOMMENDATIONS

29. Following from the observations made on the election process on 19th March, 2006, the observer mission recommends as follows:

· That the ECOWAS Secretariat request each member state to have a clear calendar of events leading to presidential and legislative elections;

· that each member state have unambiguous constitutional provisions and electoral codes that clearly fix the dates and conditions for elections;

· That ECOWAS advises the authorities to establish their national electoral commissions at least one year before the holding of elections and if possible to make them permanent and independent ;

· that ECOWAS considers supporting the organisation of elections in member states when the need arises, given the problems of logistics certain member states may face. This should aim at making the respective national electoral commissions independent;

· that ECOWAS recommends to member states to accord special attention to voters who are physically challenged, aged, expectant and nursing mothers;

· that ECOWAS encourages the computerisation of the electoral system of member states to enhance quality;

· that the security and delivery of electoral materials be improved upon;

· that the laws governing the opening and closing hours of voting be respected;

· that the means of communication within electoral management bodies for better coordination be improved;

· that ECOWAS considers the possibility of setting up zonal logistic depots of electoral materials which could be placed at the disposal of member states;

· that ECOWAS compiles a compendium of electoral laws of member states in all the official languages of ECOWAS;

· that a study be conducted on these electoral laws with a view to assisting member state to resolve potential electoral conflicts and working towards the harmonisation of electoral norms and practices within the ECOWAS space.

VI. CONCLUSION

30. The presidential run-off of 19th March 2006 was peaceful, free, fair, transparent and credible.

31. The ECOWAS Observer Mission expresses its gratitude to the authorities and people of the Republic of Benin, for their assistance and cooperation accorded the mission and commend them for the conduct of successful elections.

Cotonou, 23rd March 2006