Michael Horton of the Jamestown Foundation joins the advocacy for international recognition of Somaliland

Micheal Horton, a fellow at the Jamestown Foundation, who publishes occasionally at the Quincy Institute’s Responsible Statecraft, has written a piece entitled “How Somaliland is playing its geostrategic cards better than most” including advocacy for international recognition:

. . . .

 

The pressures that Somaliland faces will only increase in the months and years ahead. The ramifications of the possible dissolution of Ethiopia as a cohesive state will reverberate across the Horn of Africa. Somaliland, like other Horn of Africa nations, will be hard pressed to insulate itself from the fallout from the fragmentation of Africa’s second most populous country. Ethiopia’s civil war is also occurring at a time when developing and developed nations alike face rising energy costs and food inflation, as well as ongoing economic disruptions resulting from responses to COVID-19. Such challenges will test every country in the Horn of Africa and beyond.

 

More than ever, Somaliland deserves and needs international recognition for the great strides it has made to establish a democratic and durable government. The United States has an opportunity to solidify its relationship with a nation that has a proven record of adhering to the values and forms of governance that it supports. However, the window on this opportunity is likely to close. At some point in the near future, circumstances and necessity will force Somalilanders to choose a side. Aid from China may prove more convincing than empty rhetoric from Washington.

Following the paper “The U.S. Should Recognize Somaliland” by Joshua Meservey, the Heritage Foundation’s lead Africa analyst published in October, it is clear that there is real movement on the conservative side of the Washington foreign policy establishment for some U.S. initiative on the recognition issue, in spite of the reduced public engagement with Somaliland during the Trump Administration when the D.C. right had some real direct power in the various bureaucracies as well as the White House and top levels at State and Defense.

Personally, I do not disagree with Meservey’s or Horton’s basic arguments (not to say I agree with every detail of what they write or that they address all issues where I see challenges and risks) now that Somaliland has delivered on the long delayed parliamentary election.  I thought the previous “dual track” approach from the early Obama years made sense then and I was surprised not to see more progress since. (See “U.S.-Somaliland relationship continues to mature as U.S. leads donor delegation on preparation for municipal elections” from 2012.) Given that I poked a bit at now-Secretary Buttigieg’s 2008 advocacy (“Quick thoughts on Mayor Pete’s Somaliland vacation and related op-ed” and “Please note that in mid-2008 Hargeisa, Somaliland was safer and less repressive than Addis or Khartoum” ) I want to take note of both the progress in Somaliland and the risks of letting more years drift by on recognition as other changes take place in the region.

Khat Shop Hargiesa

 

New study on mediation to reduce likelihood of election violence

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.

“Keep Peace”graffitti on market scene children’s dresses Keep Peace graffiti art

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.

Robust electoral violence prevention: An example from Ghana

As preparations for Kenya’s elections lag once again, cut the fog of time and remember what happened in 2007

Polling Station Olympic School Kibera

Flashback to the night of Kibaki’s twilight swearing in . . .

“Kenya could be facing its greatest crisis”, The Telegraph

Analysis

Five years ago yesterday, close to a million people watched as Mwai Kibaki was inaugurated as President of Kenya in Nairobi’s Uhuru Park.

Daniel Arap Moi, the authoritarian strongman who had ruled for a quarter of a century, was gone, his hand-picked successor roundly defeated.

A nation rejoiced. Already one of Africa’s most stable countries, Kenya could also now claim to be among its most democratic.

Last night, Mr Kibaki was hurriedly sworn in before a few hundred loyalists at a tawdry ceremony held in the gardens of the official presidential residence.

The contrast could not have been more stark.

As he lumbered towards the podium, Kenya’s cities and towns were erupting in chaos and ethnically motivated bloodshed, a predictable response after the most dubious election since the one-party era ended in 1992.

It is no exaggeration to say that Kenya is potentially facing its most serious crisis since gaining independence from Britain in 1963.

The prospect for serious violence between the country’s two most traditionally antagonistic tribes, Mr Kibaki’s Kikuyu and the Luo, led by his challenger Raila Odinga, is worryingly high.

Luos, marginalised since independence, have reason to feel aggrieved. Thanks to an alliance that Mr Odinga built with other tribes, they felt that this was their best and possibly last chance of taking power.

The farcical nature of the vote will only heighten their disappointment. The electoral commission initially claimed that roughly a quarter of returning officers disappeared for 36 hours without announcing results and had switched off their mobile phones.

When results did finally emerge, Mr Odinga saw a one million vote lead overturned.

Opinion polls showed that the contest was always going to be close, but if the official results are correct, Kenyans voted in an inexplicably bizarre manner.

After turfing out 20 of Mr Kibaki’s cabinet ministers and reducing his party to a rump in the simultaneous parliamentary poll, they apparently voted in an entirely different manner in the presidential race.

Apart from an unusually high turn-out in some of Mr Kibaki’s strongholds (sometimes more than 100 per cent ), the president then appeared to have won many more votes in some constituencies than first reported.

If it all seems depressingly familiar, it need not have been.

Mr Kibaki had lost a lot of the enormous goodwill that he enjoyed following the 2002 election after a cabal of Kikuyu cronies was accused of corruption. He also reneged on a promise to introduce a new constitution that would have returned many of his overarching powers to parliament.

On the other hand, he allowed a free press to thrive and respected the results of a 2005 referendum that went against him. Many expected he would do the same if he lost last Thursday’s election.

Instead of setting an example to the rest of the continent, Mr Kibaki’s opponents say that he has joined the unholy pantheon of African presidents who have refused to surrender power.

If he has chosen instead to squander his country’s stability and its fragile ethnic harmony it is a tragedy not just for Kenya but for all of Africa.

Ambassador Godec, as Acting Assistant Secretary of State, should articulate U.S. policy for Kenya’s election

Kenya 2013 election IRI Electoral Commission voter education posterAmbassador Robert Godec has served as the Biden Administration’s Acting Assistant Secretary of State since the inauguration.

Ambassador Godec served in Kenya from August 2012, as Chargé d’Affaires following Amb. Scott Gration’s ouster, becoming the Ambassador in January 2013 after November 2012 confirmation hearings ahead of Kenya’s March 2013 election.

Godec thus led U.S. engagement with both the later stages of the 2013 election and the ensuing litigation (both the presidential election petition at the Supreme Court and the on-going attempt to prosecute IEBC technology procurement fraud), the formation of the Jubilee Party in 2016, the eventual replacement of the Issack Hassan-led IEBC following protests in which opposition supporters were killed, the attacks on the USAID-funded International Foundation for Election Systems (IFES) by the Jubilee Party and President Kenyatta and Cabinet members, the change of U.S. Administrations from Obama to Trump, the acquisition of the Kenya Integrated Election Management System (KIEMS) from Safran Morpho (n/k/a Idemia), the abduction and murder of IEBC acting ICT Director Chris Msando on the eve of the 2017 vote, the general election and the successful Supreme Court petition annulling the presidential portion of the vote, the boycotted re-run, the announcement of the “Big 4 Agenda” and the post-election diplomatic negotiations, the “People’s President” swearing in, the “Handshake” and most of first year of the Building Bridges Initiative.

For the status of things in December 2018 as Ambassador Godec’s replacement, Ambassador McCarter was being confirmed see: “Something afoot in Kenya: Nation newspaper is running investigative reporting on IEBC procurement corruption in 2017“.

So at this point, Ambassador Godec is a seasoned veteran of Kenya’s post-2007 politics who knows the ground intimately from the last two election cycles.  (His prospective “permanent” replacement, Mary Catherine Phee, was nominated in April and got a favorable vote by the Senate Foreign Relations Committee this summer, but a confirmation vote by the full Senate is blocked along with dozens of other nominees.)

I was asked a few months ago to write an article about U.S. support for the BBI process, but I have been unable to do so because it is not clear to me what our policy has been or is now, and I have not found people involved willing to talk to me.  Given my role in telling the story of what went wrong in 2007 when I was involved myself it is no surprise that I might not be the one that people in Washington want to open up to now, but even people that I am used to talking to privately have not been as forthcoming as usual.  Nonetheless, Kenyans inevitably have questions, and those Americans who care may in the future.

Members of the Kenyan Diaspora Alliance-USA have announced that they have sent Freedom of Information Requests to USAID and some Kenyans on social media and in a few cases in print have asserted suspicions or accusations that the U.S. Government was intending to back “unconstitutional constitutional amendments” in the form of the BBI referendum for some negative purpose.  Looking at the degree to which the Obama Administration backed the passage of the new 2010 Constitution as the terminal event of the post-2007 “Reform Agenda”–to the point of having millions of dollars bleed over from neutral democracy assistance programing into supporting the “Yes” campaign in the 2010 referendum during Ambassador Ranneberger’s tenure–I am having a bit of difficulty understanding why my representatives in Washington would be working in general terms to undermine the new Constitution we helped midwife in the first place.  At the same time it has openly been our policy under Ambassador Godec originally and then his predecessor Ambassador McCarter to support the Building Bridges Initiative and we did provide some USAID funding for the conducting the consultative process itself.  I think it would be in the interests of the United States and of Kenyans for the State Department to get out front of the questions now, with the BBI referendum effort rejected both at trial court level and on appeal, and with the Kenyan presidential race that has been going on since the Handshake entering into its later stages.

We remain Kenya’s largest donor, we have many relationships and support many assistance programs of all sorts in Kenya.  Most Kenyans remain in need, and we continue to have the same issues regarding terrorism as during the past 25 years (most especially since the 1998 embassy bombing). In general the geographic neighborhood is experiencing more specific crises and some overall erosion of peace, prosperity and governance.  While we may not be as influential in Kenya as we were prior to 2007, and anyone with money can play in Kenyan politics, we will be engaged and we will have influence in 2022.  So there is no time like the present to articulate what our policy is for the coming year.

Here is my take from December 2019: “Important Kenya BBI reads, and my comments“.

And from January 2020: “How will the Trump Administration’s support for the Uhuru-Raila handshake play out in 2020?

Kenya’s IEBC “races” to fulfill mandates from 2010 Constitution for lawful 2022 general election; behind again after 2013 and 2017 failures

Kenya 2007 Election campaign posters “Kalonzo Musyoka for President” on duka Eastern Kenya

 

For the latest from Kenya’s IEBC, see “Electoral body in rush to seal 2022 loopholes” from The People’s Daily.

Same issues as 2013 and 2017, same alleged frantic time-crunch.

For instance, the 2010 “New Katiba” granted the right to vote to Kenyans in the diaspora, starting with the 2012 general election. Even though the election was postponed to 2013, the IEBC under then-Chairman Issack Hassan elected to disenfranchise diaspora voters in spite of the coming into force of the new Constitution.

See, “IFES to webccast workshop on Kenya Diaspora voting “, Nov 1, 2012, Africommons.

But see, “Kenya, Attempt to suppress the diaspora vote“, Dec 12, 2012, by Nathan Wangusi, Pambazuka.

After the failures of 2013, in particular the procurement-fraud driven failure of electronic poll books and the breakdown of the results transmission system with no organized manual backup, and full election results not published (see “It’s mid-June: another month goes by without Kenya’s election results while Hassan goes to Washington) Hassan was eventually forced out by protests in 2016.  See my Page covering the 2012-13 election in detail.

After departing the IEBC Hassan has been on the international election assistance circuit, having already traveled to observe (positively) Djiboutian President Guelleh’s 2016 re-election on behalf of IGAD while still IEBC Chairman. Most recently he was associated with a USAID-funded joint International Republican Institute/National Democratic Institute election assessment in Ethiopia this year. (See report released today.)

The current IEBC Chairman, Wafula Chebukati, was then appointed by President Uhuru Kenyatta from the nominees of a controversial selection process and took office in January 2017 in time for the general election and annulled presidential vote that August, marked by the unsolved abduction, torture and murder of the ICT Director and the subsequent resignation of a majority of the Commissioners.

Although civil society groups had obtained a 2015 court ruling to enforce the diaspora voting requirement of the Constitution, the IEBC still failed in 2017 to implement more than a very limited, truncated, diaspora vote process.

See “Diaspora Voting in Kenya: a Promise Denied“, Elizabeth Iams Wellman and Beth Elise Whitaker, African Affairs, Vol. 120, Issue 479, April 2021, Pages 199-217. (In 2010, Kenya extended voting rights to its estimated 3,000,000 citizens living abroad . . . Yet . . . fewer than 3,000 Kenyans were permitted to vote from abroad in the 2013 and 2017 presidential elections. What explains the failure of the Kenyan government to implement diaspora voting on a broader scale? . . . We argue that uncertainty about the number of Kenyan emigrants and their political preferences, paired with a highly competitive electoral climate, meant there was little political will to push for more widespread implementation of diaspora voting.)

A year ago I warned: “Kenya Election Preparation: raising alarm for 2022, past secrets still buried“.

Biding time on democracy in Kenya and Uganda

 

Kenya election 2007 banner for Kibaki Nakuru
Ugandan MP and presidential candidate Bobi Wine will speak at the McCain Institute’s virtual 2021 Sedona Forum. The State Department has issued a statement criticizing the January Ugandan election and announcing that it is issuing visa restrictions on unnamed Ugandan officials responsible for undermining the democratic process

.

Three years after the resignations of a majority of Kenya’s election commissioners, President Uhuru Kenyatta has formally taken notice of the four vacancies and gazetted the process through which he will appoint replacements.

Why now? While the President has not explained specifically to my knowledge, his ruling Jubilee Party is seeking to have the Independent Boundaries and Electoral Commission conduct a constitutional referendum within weeks to approve amendments derived from the “Building Bridges Initiative”. (A version of a proposal to amend the constitution was passed by most of Kenya’s county assemblies positioned as a citizen initiative. It is now before Parliament where there is internal debate among proponents as to whether to approve it for referendum as is, or to allow amendments to what has already been passed by the counties, which would raise additional legal questions. Challenges to the legality of the process to date are pending in the courts already.)

Although Kenya’s courts have allowed the IEBC to continue to conduct by-elections and all its other business with only three of seven commission seats filled since the most recent resignations in April 2018 there seems to be an expectation that appointing new commissioners is desirable ahead of the referendum and the general election approaching in August 2022. Legislation signed into law last year changes the appointment powers for choosing the committee that will interview applicants for the IEBC slots and winnow choices for the President. Four of the seven screening committee members will now named by the Parliamentary Service Commission, tipping the balance in favor of the current office holders.

Remember that U.S. president Joe Biden has “been around”, with far more diplomatic experience than any of his four most recent predecessors in the White House. In 2010 as Vice President he met with Kenyan Speaker Kenneth Marende, along with President Kibaki and Prime Minister Odinga, ahead of that year’s constitutional referendum during the period in which Kenya was deciding between justice-oriented remedies and impunity for the 2007-08 Post-Election Violence.

This is what I wrote at the time, “Marende praised by U.N. Commissioner on Human Rights, meeting with Biden; South Mugirango by-election this week”:

Kenyan Speaker of Parliament Kenneth Marende seems to be getting an increased international profile. Navanethem Pillay, UN Commissioner for Human Rights, called on Marende on Monday, expressing concern regarding progress on prosecution of suspects for post election violence. According to the Standard she singled out Marende for praise, “saying he had made immense contribution in stabilising the country through some historic rulings and the manner he handled issues in Parliament”.

U.S. Vice President Biden will call on Marende Tuesday as well, along with his meeting with President Kibaki and Prime Minister Odinga.

Interestingly, Marende says that Parliament “would easily pass” legislation to provide for a “local tribunal” to try election violence cases under Kenyan criminal law “if the ICC acted swiftly by taking away key perpetrators of the violence”.

Biden will leave Thursday morning, the day of the South Mugirango by-election to fill the seat vacated by a successful election petition against Omingo Magara, originally of ODM. As it stands the race is hot, with Raila Odinga campaigning for the substitute ODM nominee, Ibrahim Ochoi, William Ruto campaigning for Magara running as a PDP nominee and heavyweights in PNU affiliates split among Magara and other candidates.

 

New report that Trump Administration learned of staggering procurement corruption at top of DRC’s Election Commission “a few weeks before” 2018 election, stayed mum

In a must read story of “Africa in DC”, Buzzfeed’s Albert Samaha peels back several layers of the story of how DRC strongman Joseph Kabila managed his 2016-19 election problem with the new Trump Administration: “A Secretive Company Needed to Convince Washington That Congo’s Election Would Be “Free and Fair.” It Found A Friendly Ear Among Trump Allies.

Previous reporting disclosed internal dissent within the State Department, including an early 2019 story from Robbie Graemer and Jeffcoate O’Donnell I noted here: “Foreign Policy article gives insight on disagreements within Trump Administration on backing off on criticism of flawed DRC vote.”

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.

Update: Here is a link to the U.S. Foreign Agent Registration Act filing of Mer Security and Communications, Ltd of Halon, Israel for the Government of the DRC for the 2018 election. And the filing of Stryk’s Sonoran Policy Group for their subcontracted portion, including lobbying the National Security Council, and hosting “the Cobalt Reception”. (Further on Sonoran Group, see “Trump-linked lobbyist turns from Gulf Arabs to more toxic clients,” al-Monitor, Feb. 19, 2020.)

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.

Update: Assistant Secretary of State Tibor Nagy appears to have effectively announced the “climb down” by the State Department on supporting Tshisekedi as the de facto president at a CSIS dinner in Washington on January 30, 2019, while still asserting “In addition, we will continue to voice our disapproval of the poor implementation of a flawed electoral process, which was far below the standards of a fully democratic process. We will hold accountable those most responsible for undermining D.R.C.’s democratic processes and institutions.” Nagy celebrated a peaceful transition of power “that few thought possible”. “Ultimately, the Congolese people have the final word. After President Kabila left office, there have been no meaningful protests to the election outcome. Felix Tshisekedi has vowed to unite the country, reform the security forces and justice sector, fight corruption, and spur greater U.S. investment and it is in our interest to help him succeed.”

On March 21, 2019 the Treasury Department announced personal sanctions against the two top officials of CENI:

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.

Consider in light of the ultimately similar context from Kabila’s alleged 2011 “re-election” during Secretary Clinton’s State Department tenure as I warned about in a post here on August 8, 2018: “With DRC’s Kabila Backing a Substitute Candidate This Year, Time to Review the International Observation Experience from 2011 Vote”:

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).

On the last election:

DRC: “We have to debunk the idea that it is peace versus transparent elections. The idea that lousy elections are going to bring piece is madness.”

Carter Center calls it as they see it in DRC

U.S. and other Western donors support review of election irregularities in DRC — offer technical assistance

State Department to Kabila on DRC Presidential Election: “Nevermind”?

Should there be an international Code of Conduct for Exit Polls and Parallel Vote Tabulations?

[As the year winds down and things crank up in Kenya’s 2022 presidential campaign and BBI referendum I am going through some of my old unpublished drafts – this is an idea that could matter that the parties involved do not have an incentive to bring forward.]

To me, the answer to the headline question is clearly “yes”.

Very specifically to my experience as in Kenya in 2007 as International Republican Institute Resident East Africa Director, I was able to explain to the USAID Kenya Mission that we at IRI were bound as a party to a published International Code of Conduct in conducting an International Election Observation that required us to maintain independence from the Ambassador.

(Readers may recall that then-Ambassador Ranneberger had pushed for a USAID-funded IRI Election Observation Mission for Kenya’s 2007 election which USAID had decided not to conduct in their ordinary planning process for the election and that IRI did not seek to undertake.)

We on the IRI staff were able to push back on Ambassador Ranneberger’s desire to select Election Observation Mission delegates, although we ended up informally going along with Ranneberger’s choice of Connie Newman and Chester Crocker as lead delegates (Crocker was not available to travel on the dates required).

The rest of the delegates were our choices rather than the Ambassador’s and we resisted Ranneberger’s expressed desire to remove his predecessor Amb. Mark Bellamy from the Observation until Ranneberger “laid down a marker” as he put it.

Likewise, we invited against Ranneberger’s wishes Bellamy’s predecessor as Ambassador to Kenya, Johnnie Carson, who was then the Africa lead at the Office of the Director of National Intelligence and later Assistant Secretary of State under Obama (Carson was not cleared to participate–I was privately relieved for two reasons: it got me off the hook on a potential conflict with Ranneberger and while Carson seemed like a real asset for the Observation I thought the optics of having a high ranking Executive Branch employee and particularly one directly in an Intelligence Community job would not be great from an independence standpoint. In hindsight it might have done some real good to have him there.).

Unfortunately, on the now perhaps infamous Exit Poll, I was more or less naked in dealing with USAID and the Ambassador. The polling program was under a separate Cooperative Agreement between the CEPPS (IRI, NDI and IFES) and USAID which had started with the Exit Poll for the 2005 Constitutional Referendum. (The defeat of the proposed “Wako Draft” Constitution gave rise to the Orange Democratic Party which led Kenya’s opposition in the 2007, 2013 and 2017 elections, culminating in the March 2018 “handshake” and the present “Building Bridges Initiative” referendum campaign).

The 2005-07 polling program was scheduled to end with a public opinion survey in September 2007, well ahead of the general election, the date of which was not set until weeks later. USAID amended the Agreement to add the general election Exit Poll at the end. It was only after I initially reported a few days before the election that we were going to have to cancel the Exit Poll due to the objection of Electoral Commission of Kenya Chairman Samuel Kivuitu that I was told by USAID that the Exit Poll as a higher priority for the Ambassador than the Election Observation itself. Kivuitu’s acquiescence was achieved.

On the late afternoon of Election Day as I was dragging my feet on releasing preliminary numbers before the polls closed I was told that “the whole reason” for doing the Exit Poll was for “early intelligence” for the Ambassador and USAID went to our subcontracted polling firm to get the figures. [Remember that I covered all this in complaints to the Inspectors General at USAID and State.]

IRI had no established backstop to protect itself from interference on the Exit Poll because unlike on the Election Observation Mission there was no published Code or Agreement that I could use to push back to preserve our independence.

We had agreed internally at IRI that we should not report any Exit Poll numbers externally including to USAID or the Embassy until the polls closed, and it was quite clear that we had no contractual obligation to make a report during the vote. But given that USAID was willing to go underneath us to the pollster it was out of our hands literally and there were no clear standards beyond that.

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.

Kenya USAID IRI poll release press conference
Kenya USAID IRI poll release press conference

Ugandan People’s Defense Forces raid on opposition candidate Bobi Wine’s Headquarters puts US in awkward position

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.

Over the years that I have been informally watching (since 2008 really) we have offered occasional but muted criticism of Museveni’s disappointing performance on “deepening democracy”. See, i.e., Uganda: Retiring US Ambassador “stings Museveni for overstaying in power” but emphasizes support for Uganda’s role in regional stability”.

Uganda billboard Museveni and Gaddafi

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.

Ten years ago, ahead of Uganda’s 2011 election, I wrote a blog post entitled “Democracy and Competing Objectives: We need you to back us up”:

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.

Here is a link to the audio and video from CSIS (also available on podcast). This discussion starts at 32:50 in the panel following General Ward’s speech.

Meanwhile in the USA, former Trump Director of National Intelligence raises threat to survival of the American democratic experiment in the conduct of this election

Trump’s ex-spy chief warns American democracy may not survive November electionIntelnews September 18, 2020.

Dan Coats, former U.S. Senator from Indiana, served as Trumps Director of National Security from the beginning of the Administration until resigning last year. His warning came in a New York Times op ed Thursday:

We hear often that the November election is the most consequential in our lifetime. But the importance of the election is not just which candidate or which party wins. Voters also face the question of whether the American democratic experiment, one of the boldest political innovations in human history, will survive.

Our democracy’s enemies, foreign and domestic, want us to concede in advance that our voting systems are faulty or fraudulent; that sinister conspiracies have distorted the political will of the people; that our public discourse has been perverted by the news media and social networks riddled with prejudice, lies and ill will; that judicial institutions, law enforcement and even national security have been twisted, misused and misdirected to create anxiety and conflict, not justice and social peace.

If those are the results of this tumultuous election year, we are lost, no matter which candidate wins. No American, and certainly no American leader, should want such an outcome. Total destruction and sowing salt in the earth of American democracy is a catastrophe well beyond simple defeat and a poison for generations. An electoral victory on these terms would be no victory at all. The judgment of history, reflecting on the death of enlightened democracy, would be harsh.

The most urgent task American leaders face is to ensure that the election’s results are accepted as legitimate. Electoral legitimacy is the essential linchpin of our entire political culture. We should see the challenge clearly in advance and take immediate action to respond.

The most important part of an effective response is to finally, at long last, forge a genuinely bipartisan effort to save our democracy, rejecting the vicious partisanship that has disabled and destabilized government for too long. If we cannot find common ground now, on this core issue at the very heart of our endangered system, we never will.

Our key goal should be reassurance. We must firmly, unambiguously reassure all Americans that their vote will be counted, that it will matter, that the people’s will expressed through their votes will not be questioned and will be respected and accepted. . . .