Dorina Bekoe and Stephanie Burchard of the U.S. Institute for Defense Analyses have published in African Affairs an interesting write up of their study of secret mediation processes as an additional tool, along with more conventional election support measures, to seek to prevent election violence in Ghana in the 2016 election.
Well worth your time with lots to think about regarding the interplay of violence prevention, election and other democracy assistance and the other diplomatic and outside involvement with election contests.
The study finds formal secret mediation between the competing camps to have been an important part of a robust and relatively successful violence prevention program.
From a 2017 release in response to my 2009 Freedom of Information Act request on the Exit Poll showing an Opposition win in Kenya’s 2007 Presidential election:
R 170924Z APR 07 FM AMEMBASSY NAIROBI TO SECSTATE WASHDC 9024
FOR AF/E AND INR/AA
SUBJECT: ACHIEVING USG GOALS IN KENYA’S ELECTION
12. (U) Ongoing Assistance: USAID/Kenya has ongoing support in the areas of electoral administration, public opinion polling and political party strengthening. Program activities include the following:
. . .
–– Public Opinion Polling: The International Republican Institute began implementing a public opinion program in 2005. The program seeks to achieve two results: increasing the availability of objective and reliable polling data; and providing an independent source of verification of electoral outcomes via exit polls. These results make an important contribution to elections and political processes. First, genuine free and fair elections require that citizens make informed choices. The polling data adds to the objective data available to citizens on key electoral issues. Second, the exit polls provide an independent assessment of the accuracy of the official electoral results, thereby supporting the assessment of the credibility of Kenyan electoral processes. This program also enhances democratic political parties by enhancing the likelihood that candidates base their platforms on the key issues and concerns of their constituents, evidenced in the polling data, rather than the traditional focus on ethnicity and personalized political wrangling.
Yet, after the election, the State Department developed “talking points to deal with press questions if they came” that told a contradictory story, that the exit poll was a “training exercise” rather than an “independent verification of outcomes” and “assessment of credibility of the Kenyan electoral process”:
Q — Why isn’t the Embassy pressuring to release its exit poll conducted in conjunction with the December general elections?
A — As explained on their website, IRI did not conduct the Opinion poll themselves and have real concerns over its validity. Moreover, the poll was conducted as a capacity building or training exercise. We should not Pressure’ firms to bring a product to market that they don’t believe in, whether it is a defective automobile, or a defective opinion poll.
Q — Strategic Public Relations ind Research Limited (SPRR), the firm IRI contracted to Conduct the poll, stands by their results and refutes IRI’s statement. They said they were “shocked and disappointed” at IRI’s decision. What is your reaction to that?
A—This isa highly technical dispute between private parties over raw data that no one else has even seen. We understand that IRI is examining the disputed data to see if any of it is usable, which sound’s reasonable under the circumstances.
Q — In his recent testimony before Congress and in an editorial that he co-wrote, Maina Kiai, Chairperson of the Kenya National Commission on Human Rights, urged Congress to pressure IRI to release the exit poll. In the op-ed, he said it was important to release the exit poll because there are “Suspicions that the institute has suppressed its results not because they were flawed but because they showed that Mr. Odinga won.” These suspicions, he said, have fueled mistrust. What is your position?
A — Again, we should not pressure IRI to release information gathered in a training exercise, especially when they lack confidence in its validity.
The US Government ultimately had rights to our data as a matter of government contracts law and USAID had arguably and ambiguously constrained our ability to release the Exit Poll results to the public in the Amendment to the Cooperative Agreement funding the Exit Poll by providing for “consultation” with the Embassy on “diplomatic or other” considerations. The Cooperative Agreement for the Program was neither classified nor available publicly until I had it released under the Freedom of Information Act years later. The Exit Poll from the 2005 Referendum had been released.
Fortunately we have not seen another disaster quite like Kenya 2007-08, but the questions about transparency and release and reporting of information from election verification and anti-fraud tools are still there. For instance in the most recent elections in the DRC and Malawi, as well as the controversy in Kenya in 2013. This could be addressed by pre-established standards or codes if donors, host governments and democracy assistance organizations or implementers are willing to give up some of their case-by-case flexibility and frankly some of the power of controlling information.
President Biden and President Kenyatta had an apparently cozy visit at the White House. Biden got to host an African head of state after neglecting to do so around the UN General Assembly. Kenyatta got to “bring home” news of a U.S. vaccine donation, personal praise from Biden and a mutual reiteration about how well the Governments of our two countries do on cooperating on terrorism, business and generally on being “partners”. See the account from Kenya’s state media, KBC.
I do not think it unfair to read the tea leaves from this action by the Biden Administration–on the heels of announcing the appointment of Judd Devermont, late of the Center for Strategic and Studies, to formulate a new Africa policy (as John Bolton in the Trump Administration)–toward deciphering how the U.S. executive branch can be expected to play Kenya’s current election.
Of course, the “heck of a job” line in the United States in recent years is usually intended to be sarcastic. The background is remembered with poignancy by those of us who had personal experience with Hurricane Katrina on the Gulf Coast. As explained in Taegan Goddard’s Political Dictionary:
A “heck of a job” is a complete and total screw-up. It’s used, ironically, to show when one’s view of a situation is in contradiction to easily-observed facts.
The phrase comes from President George W. Bush who visited Louisiana in the aftermath of Hurricane Katrina and told FEMA chief Michael D. Brown, “Brownie, you’re doing a heck of a job.”
Brown later admitted he winced when Bush told him that: “I knew the minute he said that, the media and everybody else would see a disconnect between what he was saying and what I was witnessing on the ground. That’s the president’s style. His attitude and demeanor is always one of being a cheerleader and trying to encourage people to keep moving. It was just the wrong time and the wrong place.”
Brown resigned ten days after he was praised.
President George W. Bush tells FEMA Administrator Michael Brown he’s doing “a heck of a job.” (Photo: AP)
The latest breakthrough is from Stephen R. Weissman in Foreign Policy this week: “Why did Washington let a stolen election stand in the Congo?“. Weissman gets significantly more detail than the previous stories have accumulated on the Catholic church organized and U.S. subsidized “parallel vote tabulation”:
This account is based primarily on 20 interviews—including 10 with U.S. officials—that were conducted on background and without attribution to promote candor. Foreign Policy offered the U.S. State Department the opportunity to comment on passages stemming from interviews with U.S. officials, but it declined.
In a Jan. 3, 2019 press statement, the State Department urged CENI to transparently count votes and “ensure” its results “correspond to results announced at each of DRC’s 75,000 polling stations.” At the same time, the department ignored the one resource that could have held the Kabila-dominated, corruption-laden CENI to account: the church’s U.S.-funded election observation project.
Weissman has delivered the type of detailed story that I had always hoped to see some enterprising journalist write about the decision to “look away” from election fraud in Kenya in 2007–in particular what I hoped theNew York Times was in the process of reporting in 2008 when I was interviewed about the “spiked” exit poll indicating an opposition win. The DRC is not a close U.S. ally and regional center for the “international community” in the same way that Kenya is, so perhaps the DRC is a more realistic venue for a tougher examination of mixed messages and mixed motives. Also, because violence did not explode in DRC in 2019 it is easier for officials involved to talk to reporters (without personal attribution) about the decision making process.
The next step for reporters who are interested would obviously be to pursue the documentary record.
Regardless, the paradigm is the same in terms of the choices between “diplomacy” and transparency in election assistance and election observation.
Kabila’s innovation was to turn directly to his Israeli surveillance and security contractors to broker the hiring of lobbyists connected to the Trump Administration, such as Robert Stryk’s Sonoran Policy Group who repped the Kenyatta-Ruto Administration in Washington during its 2017 re-election effort. Kenyatta hired Stryk through the Kenyan foreign ministry rather than through surveillance contractors. One could suggest that the use of outside-the-Beltway intermediaries raised eyebrows and ultimately loosened tongues.
You owe it to yourself to read Samaha’s whole story, but the thing that is most profoundly disappointing to me is the report that my government learned about massive corruption at the CENI in time to say something before the vote but elected not to.
This casts new color to the internal debate within the U.S. government over what to say and do, and what to disclose, when CENI subsequently announced “results” that lacked credibility.
The excuse for not speaking to government-sponsored election fraud is supposedly the fear of instability from aggrieved voters faced with intransigent incumbents—a real concern—but how can we claim to be serious about democracy support when we chose to keep quite on obviously debilitating fraud before the vote? A key question for me about the Kenyan election disaster in 2007 has always been how much we knew about Kibaki’s intentions before the election, having documented through FOIA that Ambassador Ranneberger personally witnessed the wrongful changing of tallies at the Kenyan IEBC but still encouraged Kenyans to accept the vote without disclosure.
Under Nangaa’s leadership, CENI officials inflated by as much as $100 million the costs for the electronic voting machine contract with the intent to use surplus funds for personal enrichment, bribes, and campaign costs to fund the election campaign of Kabila’s candidate. Nangaa, with other CENI officials, awarded an election-related contract and doubled the award amount on the understanding that the winning company would award the extra funds to a DRC company controlled by CENI leadership. Nangaa approved the withdrawal of CENI operation funds for non-authorized budget items for personal use by DRC government employees. Nangaa ordered CENI employees to fabricate expense receipts to cover spending gaps resulting from CENI funds being used for personal gain. Nangaa delivered bribes to Constitutional Court justices to uphold a decision by the CENI to delay DRC’s 2016 elections.
At the time of the last election in 2011, Africa democratizers were buoyed by an understood success story in Ghana, the hope of an “Arab Spring”, the lull of violence in Iraq and more generally encouraging environment. As explained in my posts from that time, the U.S.- funded International Observation Mission (conducted by the Carter Center) found the election to fall short of adequacy by the applicable international standards and said so explicitly.
Initially standing up to Kabila over the failures of his alleged re-election and pushing for them to be addressed appeared to be U.S. policy. If so, we apparently changed our mind for some reason. Tolerating a bad election then leaves us in a more difficult position with seven years of water under that bridge. The U.S. has stepped up recently to pressure Kabila to schedule the election, allow opposition and stand down himself.
In this vein, we need to be careful, and transparent, as things proceed to continue to evaluate realistically what is feasible and where we are really able and willing to assist. In particular, the decision to initiate and fund one or more Election Observation Missions for a vote in these circumstances should involve serious soul-searching at the State Department (and/or USAID).
The UPDF has raided the political headquarters of Ugandan opposition MP and presidential candidate Bobi Wine, per Reuters and other news reports.
Wine, whose real name is Robert Kyagulanyi, told Reuters dozens of police and soldiers barged into the offices of his National Unity Platform (NUP) party in Kamwokya, a suburb of the Ugandan capital Kampala
The security personnel, he said, seized documents containing signatures from supporters that his party had collected to back his nomination, as well as 23 million shillings ($6,207.83).
We have Americans working to support Bobi Wine, and presumably Museveni as well, in the campaigns, and Americans working through USAID to support the democratic process. Uganda has always been a challenging environment on democratization–one in which our diplomats face an extra helping of competing priorities.
Uganda has never had a peaceful transition of power but remains more stable under Museveni’s rule than at most times prior to his military ascension in 1986. Museveni is a critic of the West who generally does business with the United States and generally facilitates our humanitarian and development aid programs, while doing business as well with China, North Korea, the former Gaddafi regime in Libya and other non-democratic actors.
The use of the Ugandan military in the domestic election process against democratic norms, however, presents a particular problem because of the strong military-military relationship.
Today we celebrate #Uganda's #IndependenceDay! —– Uganda, a top African contributor to peacekeeping efforts in Somalia, is a key partner and model for sustainability in both training and operations to realize a shared desire for regional peace and stability in #EastAfrica. 🇺🇬 pic.twitter.com/SKz9RDpTx9
I also had a senior military officer, a general, say to me, “It really doesn’t help us when you all don’t come out and criticize sort of half-hearted democratic elections. You tell us ‘Democracy, Democracy’; then you accept when we don’t have fully up to a minimal level of standard, because you’ve got presumably some other competing objective there that mitigates against that, because otherwise we don’t understand the point of continuing to strive for that standard. We need you to back us up and to back up our societies.”
This was Kate Almquist, now Senior Fellow for Security and Development at the Africa Center for Strategic Studies, at a Military Strategy Forum on AFRICOM at CSIS in July (2010). Ms. Almquist was Assistant Director for Africa at USAID from May 2007 to 2009. She is speaking on a panel, relating her recent discussions with senior African military leaders at the Africa Center in response to a question about “competing objectives” regarding U.S. “strategic partners” including Rwanda, Uganda and Ethiopia, and “how do we know U.S. military support is not increasing autocratic tendencies and not decreasing democratic space?”
Since this event we’ve had a substandard election season in Rwanda–as well as the leak of a draft UN report using the term genocide in reference to Rwandan activity in the DRC. In Uganda, Museveni has announced formally that he is running for re-election, while continuing to refuse action to relinquish the unilateral appointment of the Electoral Commission. At the same time, Rwanda is threatening to pull its “peacekeeping” soldiers out of Darfur, and Uganda is offering an additional 10,000 soldiers to be “peacekeepers” in Somalia. The conundrums continue.
Sunday saw two deaths associated with clashes allegedly between factions within the ruling Jubilee Party.
The Presidential campaign of Deputy President William Ruto did a Sunday morning church and politics foray in Murang’a in what would be seen as President Kenyatta’s backyard. See the story from The Daily Nation on arrest orders from the IG of Police and a very strong warning from the National Cohesion and Integration Commission.
Circumstances are disputed between the supporters of the two politicians (Incumbent President Kenyatta and Incumbent Deputy President Ruto). It appears that government security forces were active and may have helped prevent worse violence—which could be encouraging—but that is just a superficial impression on my part from early reporting.
We are only 22 months away from a constitutionally mandated August 2022 General Election and violence in the campaign has been below what one would expect as the norm in the MultiParty Era. But the air seems pregnant with possibilities for both violence instigated by campaigns and for violent state repression. A constitutional crisis is afoot from the failure of the ruling party to effectuate the constitutional mandated gender balance in Parliament.
We are almost a year past the original release of a Building Bridges Initiative report. There is no clarity on exactly how long is to be allowed on what is now “overtime” on negotiating and agreeing on concrete steps to effectuate the changes to the basic bargain of governance in Kenya. The idea is to avoid the kind of competition we are seeing in the 2022 race as it stands now.
Germany is on social media as a lead on some of the civil society and domestic observation group preparation of the type that has been a staple but the U.S. and U.K. are unusually quiet in public about election specific issues now. There has been no public break at all in the partnership between Jubilee and the increasingly repressive Chinese Communist Party. Kenyatta has just signed a big debt and infrastructure deal with France as it becomes more apparent that the Jubilee Government grossly overpaid and thus over-borrowed on the Chinese Standard Gauge Railroad deal—which remains substantially secret.
The U.S. sent diplomats to facilitate post-election negotiations in late 2017 that culminated in the March 2018 “handshake” and we gave diplomatic support and National Democratic Institute facilitation to the BBI process.
As recently as April 2019 Ambassador McCarter tweeted with a picture of a visit from IEBC Chairman Chebukati that he hoped to see a 2022 election that did not involve a dispute or litigation. Without a investment in reform, which we have not seen, that would require either (1) a landslide of the sort that we saw with NARC in 2002 that gave rise to the 2003-05 democratic interregnum or (2) a recognition and consolidation of Jubilee as KANU successor.
Great discussion w/ IEBC Chairman @WChebukati We must work together today to ensure the wananchi have the ability to elect their leaders peacefully, without intimidation & the confidence their vote was counted. No court battles, no re-dos! pic.twitter.com/nt4N5Eb7jQ
In Washington the overwhelming public messaging is complacency. Kenya is very important to us because we are there in some real magnitude compared to the rest of the region and we are there because Kenya is important to us. But it is too early to talk about governance and elections and political violence, if for no other reason than the war against al-Shabaab is still going on as it was in the run up to the 2007, 2013 and 2017 elections.
Ethiopia, the U.S. and the EU have brokered surprise talks between the Somalia and Somaliland administrations, which are historically opposed, though progress has stalled while both sides prepare for elections. The parties should cooperate on technical issues, pending a shot at deeper dialogue.
Mahmood and Yusuf review the background leading to talks in June in Djibouti, the mixed immediate results and events since, then offer their assessment of what will and should happen next:
. . . .
Especially given the distractions of forthcoming electoral cycles, leaders in both Somaliland and Somalia will find it difficult to resolve their longstanding differences relating to Somaliland’s status in the short term. Some of these differences will continue to be prominently displayed. Indeed, Somaliland has appeared eager to take advantage of the attention created by the talks and present itself internationally as a sovereign state. Since Djibouti, it has hosted high-level delegations fromKenya,EgyptandEthiopia, all of which discussed upgrading the status of their relations with Somaliland, and announced that it would exchange representatives withTaiwan.
Still, the momentum generated by the Djibouti talks need not be squandered. Continuing to seek progress on technical areas of cooperation – for example, encouraging the joint technical subcommittees to keep meeting to hammer out details – while holding off on wider political discussions until the spectre of domestic politics no longer overshadows the dialogue, could be a good way forward, at least pending elections. Also key to success is continued international support, which will be needed to keep this newly emerging phase of dialogue on track. The U.S., EU and Ethiopia should keep up the pressure – potentially in coordination with an expanded range of partners, such as the Intergovernmental Authority on Development regional bloc and the African Union. Following the conclusion of elections, those same actors should be prepared to lean on the parties to re-engage with a deeper exploration of political issues in mind.
. . . .
Dialogue with Somaliland Foreign Minister Abdilahi Mohamed Dualeh
The issue of Somaliland independence or union with the “to be” Republic of Somalia was on the table for Somalis, their neighbors and the international powers when Somaliland was still a British Protectorate and Somalia was a former Italian Colony being administered by Italy as a UN Trust Territory. We are approaching the point at which Somaliland has functioned almost an equal amount of years as independently self-governed as it was a part of the Somali Republic (July 1, 1960) and its successors.
CEPPS stands for the the Consortium for Elections and Political Process Strengthening; the members are the International Republican Institute (IRI), the National Democratic Institute (NDI) and the International Foundation for Election Systems (IFES).
While I have no idea why this has evolved in recent times, I will note that building up CEPPS as an “entity” with its own brand could be seen from outside as a way to establish an alternative structure directly tied to USAID in competition with funding for democracy assistance through the National Endowment for Democracy (NED).
IRI and NDI are two of four core NED institutions. IRI and NDI were incorporated by the leaders of the Republican and Democratic National Committees respectively, pursuant to the legislation establishing the National Endowment for Democracy as private organization, with a bipartisan board and Congressionally-appropriated funding and subject to the Freedom of Information Act. (The other two NED core institutions are the Center for International Private Enterprise [CIPE] affiliated with the United States Chamber of Commerce and the Solidarity Center affiliated with the American Federation of Labor-Congress of Industrial Organizations or AFL-CIO.)
IFES, on the other hand, which the branding material describes as a “core institution” of CEPPS, borrowing the NED terminology for the consortium members, is a more explicitly “private” entity created in 1987, four years later in than NED, during the second Reagan Administration, at the instance of then-USAID Director Peter McPherson as he describes in a 2017 interview on the IFES website. McPherson went to a American political campaign manager with a “bipartisan tone,” Cliff White (known publicly primarily for his role as Barry Goldwater’s 1964 campaign manager) to found the nonprofit because among the contractors USAID used there was a lack of technical expertise on the mechanics of organizing and holding elections. USAID provided an initial grant but IFES is not part of the Congressional mandate and annual budget appropriation process of NED and its four “core institutions” including IRI and NDI.
Readers will remember that IFES is a nonprofit corporation (like IRI and NDI) and was registered as such with the Kenyan government when President Kenyatta and his party leaders and government officials attacked IFES for not being registered as an “NGO” in late 2016 and early 2017 and allegedly being too cooperative with the opposition while managing the USAID election assistance and supporting the Independent Electoral and Boundaries Commission. Of course since IFES had been working on the same basis in essentially the same role with ECK since 2001 under Samuel Kivuitu’s Chairmanship and the IIEC and then IEBC under Issack Hassan, I saw this as pre-election “muscle flexing” by the incumbent President Kenyatta and his coalition directed at both the new Chebukati-led Independent Commission taking office in January to replace Hassan’s group after opposition protests and at IFES. The democracy donor diplomatic group led by US Ambassador Godec pushed back but Kenyatta’s Administration used its control of Immigration to force out the IFES Country Director and another key IFES employee. An outside replacement Country Director was “parachuted in” mid-March for the August 8 election.
CEPPS was founded in 1995 by the National Democratic Institute (NDI), the International Republican Institute (IRI), and the International Foundation for Electoral Systems (IFES), and holds a global Leader with Associate assistance award with the DRG Center to implement a variety of DRG activities, including political party assistance programs.
According to USAID officials, CEPPS received a series of global assistance awards from USAID for 1995 through 2020, which helped CEPPS partners develop a capacity to deliver political party assistance programming and establish a global footprint with a presence in every region in which USAID operates. The current global assistance mechanism was awarded in 2015 (a cooperative agreement) and provides missions the option to offer funding opportunities directly to CEPPS rather than develop a notice of funding opportunity locally.
Agency mission and headquarters personnel reported that, overall, CEPPS partners have excellent technical leadership and organizational experience to work collaboratively with host-country political leaders. CEPPS partners have developed strong work relationships with local stakeholders in many countries and are acknowledged as global leaders in the DRG sector. For example, in Ukraine, mission officials praised the NDI, IRI, and IFES Chiefs of Party as outstanding leaders who are highly accomplished and respected in their areas of expertise. They noted that the technical skills and positive reputations of these individuals are an asset for the mission and its DRG portfolio.
However, Agency officials also noted that missions often default to working with CEPPS partners through USAID’s global assistance award with the DRG Center—instead of pursuing opportunities to partner with other organizations that can provide similar services. Relying on CEPPS gives significant influence to a small group of partners to implement political party assistance programs and increases USAID’s reputational risk. Specific concerns reported to us by USAID officials include:
• NDI, IRI, and IFES have significant political connections and powerful benefactors on their boards of directors, including sitting Members of the U.S. Congress, former Ambassadors, and other political appointees. NDI and IRI in particular could be perceived as extensions of the U.S. Democratic and Republican Parties, respectively, by host-country stakeholders. For example, NDI’s website acknowledges that it has a “loose affiliation” with the U.S. Democratic Party and IRI’s current Chairman is a U.S. Senator in the Republican Party.
• In Georgia, CEPPS attempted to exclude a host-country democratic political party. In a 2017 letter to USAID/Georgia written on behalf of NDI and IRI, CEPPS stated that it would temporarily suspend assistance to a Georgian political party because of media reports of derogatory remarks made by party leaders about CEPPS partner staff, along with CEPPS’s disagreement with the party’s political platform and rhetoric. The mission responded to CEPPS’s letter by directing NDI and IRI to continue delivering assistance to the Georgian political party in compliance with USAID’s Political Party Assistance Policy.