Here is the contract language requiring a Final Report from the Cooperative Agreement for the USAID – IRI Kenya polling program starting with the 2005 Referendum Exit Poll and culminating with the 2007 General Election Exit Poll:
I finally learned last month from my March 2013 Freedom of Information Act request to USAID that the required Final Report was never filed. Eventually getting to the truth of this involved a significant amount of “beating around the bush” and a previous 2009 FOIA request from the University of California, San Diego that should have disclosed all of the reporting–but to which USAID replied only after two years and then by producing only a copy of this Agreement itself without any of the rest of the contractual documents.
So ultimately there is no explanation in the reporting as to how the 2007 exit poll went from successful in a January 14, 2008 quarterly report from IRI to USAID, to “invalid” in IRI’s February 7, 2008 global press release, and then back to successful months later with public release of the results contradicting the Electoral Commission of Kenya. Nor the impact of this discrepancy on the overall effectiveness of this 2+ year $570,000 democracy assistance polling program or the overall multimillion dollar U.S. support effort for the 2007 Kenya election.
Lessons from an accurate accounting of what really happened with U.S. assistance for the disastrously failed 2007 election should have been reckoned with in preparing for 2012-13. Unfortunately, in 2013 we had initial reporting of the USAID funded parallel vote tabulation with very limited transparency and seemingly ad hoc communications, and an initial USAID funded Election Observation report offering positive assurance for the reliability of the IEBC’s announced result, only to be quietly contradicted months later by the final Carter Center report.
The biggest problem in 2013 was the catastrophic failure of the Electronic Results Transmission system–the system that was established in Kenya’s election law to provide for the conveyance of the results from the polling station–the only place where the paper ballots are actually counted–to the IEBC. Sadly, this was directly prefigured by what happened with the similar, if less ambitious, Electronic Results Transmission system–also funded by USAID through IFES and the UNDP–in 2007. In 2007 the Electoral Commission of Kenya simply voted in December to shelve the computers and not use them, thus creating the opportunity for the Returning Officers to turn off their phones and drop out of the way.
In 2013, we had the spectacle of highly dubious procurement practices by the IEBC with a last minute attempt–or so it was presented–to roll out the technology, even though implementation was clearly not ready. The system was then shut down by the IEBC, except for the visual graphic steadily broadcast for days showing one candidate with an “early” lead [simply meaning some votes were included and most weren’t] and hundreds of thousands of spoiled ballots that did not turn out to exist.
A source confirmed for me what we all saw–that the IEBC did not have a meaningful backup plan to handle custody and conveyance of the paper forms for the polling stations where the votes had been counted when the transmission system was shut down.
Prior to the election in 2007, the U.S. Ambassador was reporting the electronic transmission system under IFES along with the IRI exit poll as American assistance efforts to support a fair election. Although my FOIA requests have not been directed at that issue specifically, the results transmission system appears to have dropped off the Ambassador’s list without explanation around the time it was shelved and so far as I remember this issue did not get scrutiny in the media at the time.
The Kreigler Commission report stressed the crucial nature of results transmission and much was made of this in drafting of the new election laws and the talk of preparations and assistance for 2013, but the ECK refused to produce the minutes of its action shelving the 2007 system (or any of its other minutes) and the Commission reported on to President Kibaki and then the Kenyan public without actual answers about what happened in 2007.
Big political news in the U.S. is the election loss of the Majority Leader in the House of Representatives, Eric Cantor, in the Republican primary. Losing a primary is something that “just doesn’t happen” to Majority Leaders (never in the 20th century or the first five elections of the 21st).
While Cantor was substantively to the right of Ronald Reagan and any of the other broadly popular conservative figures of the modern Republican Party, and was known as a key figure in blocking compromise by House Republicans with House Democrats in recent years, there is a perception that his loss will make future legislative compromises even less likely.
John McCain, the International Republican Institute chairman, has previously noted publicly the potential demand for a “third” party that would compete for the plurality of American voters that the Republican and Democratic Parties in present form merely tolerate (naturally he didn’t put it quite that way–he had a Republican primary coming up).
We have a political system that seems to be pretty well ossified under the control of two parties that have both changed quite dramatically during the period of their mutual hegemony. Each party presently has a majority in one house of our bicameral legislature, yet disapproval of this Congress comes about as close to a consensus as you will find in the United States today. Most voters don’t vote in most elections, especially primaries which functionally decide the outcome of vast numbers of legislative seats in districts that are dominated by a single party, often for demographically derived reasons.
The present reality on the ground has departed rather dramatically from our own traditions in important respects, and is at odds with the conceptual rationale for a “two party system” in which each party competes to build a governing majority.
What should we do? My suggestion: let’s enlist our official nonpartisan democracy and party-building experts at the International Republican Institute and National Democratic Institute. Offer the help to ourselves that we offer others. Heal ourselves first. Certainly in present circumstances it would be unduly controversial to consult any of the foreign democracy groups like the Westminster Foundation or the German party foundations, but IRI and NDI have well established Congressional relations on both sides.
It would be sort of like the instructions we all get when flying. Even if you are accompanying a child or disabled person, if there is a problem, put the oxygen mask over your own nose and mouth first, so you can breath freely enough to help.
This is a post I started a few years ago and let sit. I usually avoid writing about things that directly mention the International Republican Institute other than as specifically necessary in regard to the 2007 election in Kenya and some advocacy for people arrested in Egypt. It’s awkward for a lot of reasons to write about IRI, the most personally important of which is my deep affection for people that work there. And to the extent I have criticisms it would be my desire that they become better rather than that they be harmed.
Nonetheless, I think the structure of democracy assistance is something we need to think about and almost everyone who is in a position to be engaged is also in a position to feel constrained from speaking freely or has an unavoidable conflict of interest. And its is an especially challenging time for the effort to share or support democracy so I am going to suck it up and proceed:
—————–
In an era of hyperpartisanship in the U.S. we are also faced with a divided government and a real question about our collective ability to do the basic business of governance in terms of passing budgets, for instance.
More specific to democracy support, the old notion that “politics stops at the water’s edge” is long dead. Every issue anywhere is contested space between Democrats and Republicans in grappling for power. [The attack on the U.S. government facility in Benghazi, Libya in September 2012 being perhaps the most conspicuous example.] There are profound divisions in a few areas of policy and culture between the Republican and Democratic base voters. Nonetheless, it is also clear, ironically perhaps, that in the present moment there is not any clearly identified and coherent policy difference between the parties on foreign affairs as such. Now in the early stages of the 2013-16 presidential campaign, Republican Senator Rand Paul appears to be his party’s front runner for the nomination. The traditional Republican foreign policy establishment has less disagreement on specific points of foreign policy with the Obama Administration than with Senator Paul. And much of its membership would presumably in private vote for a Democrat seen as somewhat more hawkish and interventionist than Obama, such as for instance Hillary Clinton, than for Paul. Some piece of the base of the Democratic Party might well feel obligated to vote for Paul over Clinton in a general election if it came to it.
Referencing the policies of the most recent Republican Administration, which was in office when I worked for IRI in East Africa, there is no reason to think that Jeb Bush, for instance, believes in the “Bush Doctrine” and certainly Ron Paul doesn’t. Foreign policy was important in the 2008 Democratic primaries and in the 2008 general election and there was at that time a sharp perceived difference between Obama/Biden and McCain/Palin over the aspects of foreign policy that were important to most voters and that difference was essential to Obama’s election. Not so much in 2012 in either the Republican primaries or in the general election. All presidential elections matter with great intensity for Washington foreign policy people because they decide who gets what jobs (like do you go to the State Department or stay at IRI or NDI or some think tank) and in general everyone is either Democrat or Republican and either wins completely or loses completely, heads or tails, each time. For most American voters the relationship of parties and elections to foreign affairs is completely different.
The traditions of the Democratic and Republican foreign policy establishment in Washington are based on the Cold War, like the structure of the National Endowment of Democracy itself, with IRI and NDI along with the overseas arms of the U.S. Chamber of Commerce and the AFL-CIO as its “core” “private” institutes. Relatedly this tradition and structure is also critically Eurocentric. Going on a quarter century after the fall of the Soviet Union the terms of the contest between a democratic Washington and an authoritarian Moscow are very different in Europe itself today–and much less of immediate relevance in, say, Africa. The old days of the American Democrats supporting the democratic left in Europe and the American Republicans supporting the right–both as a pro-American alternative to Soviet-aligned Communists–are interesting history that we should learn more from, but they are history. And we are not nearly so Eurocentric now in our policies and relationships in Africa, Asia and Latin America, so we have different types of opportunities to support democracy and its related values in those regions rather than dividing everyone up as pro-Western Bloc versus pro-Eastern Bloc.
In practice today, I don’t see the Democratic Party in power in Washington really aligned with the “democratic left” in other countries, given the lack of need to shore up against Marxist/Communist forces (among other reasons) nor much particular interest in the Republican Party in supporting more rightist or conservative parties abroad per se. Generally Republican and Democrat campaign and media consultants, like lobbyists, seem to work for whoever they come to terms with commercially in any given emerging or frontier market rather than on the basis of some coherent party related framework.
Formally, IRI and NDI are completely overlapping as they are both non-partisan. Occasionally they are said to be “affiliated” with their respective parties, but more frequently they are said to have “no connection” to parties. Ultimately this is simply confusing and unclear–and not really consistent with the principles that the organizations are trying to teach to others. In Germany where the government funds overseas institutes of the parties, the law is different and the government provides funding for the parties themselves in a way that would presumably be unconstitutional in the United States. So you don’t have a counterpart to this strange melange of “nonpartisan Republican” or “nonpartisan Democratic” even though the German organizations are said to be a model for setting up IRI and NDI back in the early 1980s.
In my personal experience, I had the clear impression that IRI was quite serious about being legally compliant in terms of the 501(c)(3) nonpartisan formalities [and this was noteworthy in an a organization that did not have an overall compliance component at that time–I am not going to be a whistleblower or even a public critic on this but have noted that they have gotten in at least a little difficulty with the government for ignoring cost accounting regulations that I told them they shouldn’t ignore when I worked for them]. I have no reason to assume that NDI is not equally serious. In the case of IRI, with the chairman running for president two different times during his tenure, they know that the Democrats have had incentive to catch them if they were to get tangled with a Republican campaign; and of course everything is potentially tit-for-tat in that regard for the other side.
At the same time, both parties have an incentive to make as much use of “their” respective unaffiliates as permissible on a mutally backscratching basis. While there are certain cultural and stylistic differences in how this plays out–as any observer of the current American political scene can well imagine–I don’t think this warrants the whole separate infrastructure of two duplicate organizations. For instance, unaffliliated Republicans could still do programming at the Republican National Convention and unaffiliated Democrats could still do programming at the Democratic National Convention even if it was under the umbrella of one unaffiliated nonpartisan organization instead of two separate unaffiliated nonpartisan organizations. And the unaffiliated Republicans could apply a conservative orientation to have programming that is solid, on-message stuff supporting the party line; and the unaffiliated Democrats could be liberal-minded and have a “soft power” approach that involves people on both sides at the convention of their side.
Kenyans in the diaspora will not vote in the March 4 General Election, the Cabinet decided last Thursday.
Justice and Constitutional Affairs minister Eugene Wamalwa said the government decided that it will be impossible for Kenyans living abroad to vote owing to challenges facing the Independent Electoral and Boundaries Commission.
Mr Wamalwa said time and logistical constraints will not allow IEBC to register Kenyans in the diaspora. . . .
It’s been almost 2 1/2 years since the new constitution finally passed, providing for a right to vote for Kenyans living in the diaspora. I am no big fan of the concept myself, but this is the law and I don’t see any unexpected challenges or difficulties in implementing it.
National Democracy Institute (NDI) consultant Kwamchetsi Makokha said on Tuesday the three months set for civic education was not enough to reach eligible voters.
“The period is not enough to reach the whole population. So many people know nothing about the devolved government and roles of the leaders,” he said. . . . during the launch of a sub-committee of the Political Parties Liaison Committee in Lamu.
I’ve heard elsewhere that there is significant lack of awareness by voters as to the nature of new positions up for election under devolved government under the new constitution.
In preparation for the 2013 elections, IFES is implementing a capacity-building program in support of Kenya’s electoral process in the areas of election technical support, voter registration, voter education, and election dispute resolution among others.
Under this short-term assignment, IFES seeks to support the integration of activities of other government and non-government organizations, who play critical roles in the electoral process, including but not limited to the Registrar of Political Parties, Political Parties and Candidates, Security Agencies, the Judiciary, Civil Society Organization, Religious Organization, and the Media.
This piece from the Daily Maverick‘s J. Brooks Spector is the most detailed and explanatory coverage on the Egyptian charges against the international and local NGO employees. Do read the whole thing, but here is an excerpt:
In theory at least, the social and political explosion of the Arab Spring should have been NED and its associated bodies’ next golden moment in the sun. All those regimes, previously frozen in time, now suddenly with their societies breaking out into a new, more open style of politics and freer elections should be making bountiful times for groups like the NED. Instead, these organisations seem to be running into a growing wave of suspicion about their ulterior motives.
Traditionally, of course, authoritarian rulers have viewed these pro-democracy groups with deep suspicion, routinely denouncing them as meddlers or spies – and sometimes directly harassing their staffers. But Egypt’s move breaks new ground in announcing it wanted to try 19 Americans and several dozen others on charges that have left the Obama administration shocked and surprised – and put the major American military aid program to Egypt at risk as well.
In the wake of the announcement of the charges, the Egyptian government quickly recalled a senior military aid delegation that was just about to begin some intensive discussions with members of Congress. The charges, as they were publicly announced, included operating without licenses, “conducting research to send to the United States” and supporting Egyptian candidates and parties “to serve foreign interests”. The fresh winds of last year’s Arab Spring and the heady embrace of the ideas of Gene Sharpe and Saul Alinsky and the power of the Internet, satellite TV and social media appear to have shifted more than just a bit.
In response, the IRI and NDI have argued their activities consisted of teaching the methodologies of grass-roots organising, political campaigns and democratic elections to anyone willing to listen, just as they have been doing in other places for years – without favouring any particular Egyptian political faction. An allied group, the Freedom House NGO, said that for its part it had been training young activists and carrying out international exchange programs while another NGO, the International Centre for Journalists, was doing its training on media issues. All four bodies insisted that had been trying to comply with Egyptian laws and be transparent about their activities. As Freedom House executive director David Kramer told reporters, “Everything we did was out in the open.” Where’s the beef?
Oddly, perhaps, the NDI and IRI seem to have come into the sights of prosecutors because of their role in supporting opposition to President Hosni Mubarak, before he fell from power last year. Sinister stuff that. Former chief of intelligence under Hosni Mubarak, Omar Suleiman, explained in his court deposition, “Data was collected about the activities of the American Embassy through the National Democratic Institute and the International Republican Institute.” Moreover, back in March 2011, when US officials had announced grants of some $65-million to pro-democracy groups, Fayza Abul Naga, Egypt’s Minister of Planning and International Cooperation – and a holdover from Mubarak’s regime – had renewed her longstanding campaign against foreign financing. Some analysts speculate she is close to the country’s highest-ranking military figure, Field Marshal Mohamed Hussein Tantawi, and their relationship is tied up with the crackdown.