Is the National Referendum Relevant?

...Jerome Verdier Says No, Points to Violations
I have written my impression on the referendum in a 26-page letter to Her Excellency and members of the National Legislature. Without much to say, I will premise my presentation on the fact that the propositions for Referendum are all irrelevant. As far as the best interest of the Liberian people are concerned, as far as the aspiration of the Liberian people for greater democracy are concerned, as far as transitional and reform objectives are concerned,. The entire referendum is irrelevant.
The second thing to add to this position is that the Referendum is premature. It is not well-planned; there have been no rather consultations on issues of Constitutional Reform – what we need in Liberia is not amendment, we need a reform process that takes time, that generates debate, that consults with the Liberian people and generates their impressions.
Since the conflict, it was necessary for us to suspend the Constitution because it appears as good as the Constitution is, it has not worked well for Liberia. That is why when the Constitution was inaugurated in 1984 or ’86, there was war in 1985, there was war in 1990, and throughout 1990 to 2005, the Constitution was suspended. In my view, we need to reform our Constitution and not to amend it as being suggested to satisfy those who are in authority.
Democracy is rule by the people; and we sent our Representatives to the Legislature to represent us. Which one of the Representatives can claim that they are representing their constituencies? None! [This is] because they have never presented the issue to people they represent.
We are supposed to empower our people to amend or reform our Constitution. It should not be the prerogative of 64 or 100 persons plus one at the Executive mansion. No! The exercise is premised on uncertified, short-term and very myopic short-term political objective – and this objective is hidden in the proposition for the reduction of the residency clause. All the other things are just to make it looks like somebody is thinking about the constitution. That is why you see all the propositions lack depths; they refused to honor all the constitutional requirements because the Constitution says they should be published in a gazette and the gazette should contain the rationale for each of the propositions.
As I stand before you, there are members of the Legislature who themselves are not aware and do not understand the rationale for those propositions just like the ordinary citizens like us.
There is an argument going around that: Why we didn’t oppose the Referendum one year ago? My response is, I didn’t know about it until today, until just recently when I got a copy from of the political parties; and [the Party] and I refer to Article 92 [of the Constitution which states that the rationales] should be published in an official Gazette and circulated around the country. An UNTIL THAT PUBLICATION IS COMPLETED, THE ACTION OF THE LEGISLATURE IS NOT YET COMPLETE. You cannot begin to count one year in September or August last year. No! [This is] because we are not informed and there is no informed basis for the Referendum.
The Constitution has been consistently violated, and we have not spoken about; so our Legislature and the Executive Branch feel free and comfortable to continue these violations. We go back to the threshold - [the National] Elections Commission has published regulations governing Referendum and it refers to people voting not art Constituencies but at polling stations.
Where in the Constitution or in any law that they have in Liberia that you can vote at polling stations – check it out. UNDER WHAT AUTHORITY [IS] THE [NATIONAL] ELECTIONS COMMISSION ATTEMPTING TO CONDUCT A REFERENDUM?
The Constitutions says you should have an Elections Commission – there is legislation establishing the National Elections Commission; the Constitution says you should have an auditing Commission, there is a legislation establishing the auditing commission. The Constitution prescribed a lot of things. The Constitution [also] says you should conduct a Referendum; there is no legislation to support the conduct or the holding of Referendum in Liberia. So under what authority the [National] Elections Commission can assume that it can conduct a referendum and issue the draft regulation that it has issued? If you read the legislations, they are laws. So the [National] Election Commission is making law to govern the conduct of Referendum? Our Legislature should have made those laws and they haven’t made them.
The other question, this government has only nine months to be in office. Why should it attempt to change the Constitution and burden the future government when it only nine months in office and two months to elections, from August to October? What is the rationale; what is the overriding influence the compelling need for a referendum before elections.
All we have said is that all of the four propositions are irrelevant – it doesn’t benefit me, it doesn’t benefit you, it doesn’t promote peace, it doesn’t advance reconciliation, it doesn’t benefit the country in anyway.
We have had fourteen years of turmoil in this country. Do you know why the TRC was established? To examine the problems we have experience and find a way out. The recommendations from the TRC should form a national constitutional reform process. Do you know why we have a Governance Reform Commission? To examine all the problems associated with governance. Recommendations from the Governance Reform Commission should form a national constitutional reform process. Do you know why we have the GAC now? Is to examine all the issues relating to accountability; the recommendations from there should form a process to reform the Constitution. Do you know why we have the Anti-Corruption after the war? Is to examine the issues of corruption and to make sure that any reform process of this Constitution that seems not to work well for us, we should make sure to incorporate the recommendations of the Anti-Corruption Commission. All of these transitional institutions were established to protect the future. We are ignoring them, we are violating the laws and we want to go into an election plague with legal and constitutional violation which is not good for our country.
I have said, and I did say in a communication to the President of Liberia that this election is similar to the 1985 elections. That election came after a brutal conflict which saw the execution of our President and the killing of our entire cabinet. We’ve played with it – there were legal issues concerned, we didn’t address them.
The Election Commission functioned in its own manner, at its own will without any check and balance. The President decided he has the authority and he will do what he wanted to do. He created an impression of lies, an impression of subservience to the President. So whatever was the result the Liberian people knew that it would have been rigged and it led serious conflict that took us down the role of 14 years of war.
Now we are about to hold another elections. The Elections Commission pronounced that to hold a referendum before elections would be impossible. The Elections Commission on its own analysis and credibility came out and said it is impossible – and I am echoing that voice of the Commission – it is impossible, it is illegal, it is premature- and it is unfortunate. The consequences I cannot imagine but we all will see the consequences to the extent to hold a premature National Referendum.
A referendum is just like a national election. Can you hold two national elections at a time? People are even reluctant to vote for candidates, for people. Can they vote for ideas that they don’t understand, they know nothing about? It’s a mockery and I repeat it is… pursuing a narrow political objective which serves the country no good and we all should object; we all should be opposed to uphold illegality.
The Constitution says before you hold a referendum you should publish; I am saying that they have hidden the propositions from the Liberian people; it should be published one year in advance before the National Referendum. And so they have not been published in March, and I know it will not be published in April, it means that Referendum should not be held before March of 2012, meaning that after the elections, we can come together as a nation and a people to conduct the referendum under the a calm atmosphere. The propositions are disservice to us and insult to our intelligence as a people who have survive a fourteen year conflict and have and are determined to build peace in Liberia.

Referendum under What Authority?

Elections Commission Chairman Fromayan

… Cllr. Verdier Says To Satisfy Power Holders;

By: Bill K. Jarkloh

A fortnight ago, the National Elections Commission announced the commissioning of voters’ education for the conduct of the embattled National Referendum. But under what authority is the NEC acting to trigger into motion the process for conduct of the ensuing National Referendum. As The Diary’s Editor dived into the matter, a prominent and young Liberian lawyer says holding the National Referendum before the 2011 presidential and general elections is masked with a hidden agenda which is insulting to the intelligence of the general Public.
Cllr. Jerome Verdier’s argument indicates the violations, schemes and flaws that have wrapped around the agenda, saying that the propositions or rationale behind the changing of the four Constitutional articles constitute a disservice to the people and are insulting to their intelligence as people who have survived a fourteen year conflict and are determined to build peace in the country.
The boss of the defunct Truth & Reconciliation Commission made the statement on the latest edition of the Edward Wilmot Blyden Lecture Series of the Press Union of Liberia at the Headquarters of the Union.
He was there along with other civil society leaders including Mr. Dan Saryee of the Liberia Democratic Institute, Mr. Mark Marvey of the National Youth Movement for Transparent Elections and the Vision Bearer of the Proposed Liberia Reconstruction Party, Dr. Manferngei Cecelia Ndebe were panelists.
Called to debate the topic: “Propositions for National Referendum and their Relevance,” all of the panelists discredited the rationale for the pending national referendum.
For Cllr. Verdier, the NATIONAL REFERENDUM, if held, would be unconstitutional. He therefore opposed to the process through an elaborate legal explanations.
Residency Clause a hidden agenda
“The exercise is premised on an uncertified … and very myopic short-term political objective – and this objective is hidden in the proposition for the reduction of the residency clause,” the former Truth and Reconciliation Commission boss said.
The soft-spoken lawyer added, “All the other things are just to make it looks like somebody is thinking about the constitution.”
The residency clause is enshrined in Article 52(c), which states that “No person shall be eligible to hold the office of President or Vice–President, unless that person is resident in the Republic ten years prior to his election, provided that the President and the Vice–President shall not come from the same County.”
He explained that Article 92 of the Constitution which states that the rationales should be published in an official Gazette and circulated around the country.
And UNTIL THAT PUBLICATION IS COMPLETED, THE ACTION OF THE LEGISLATURE IS NOT YET COMPLETE, he reiterated, noting, “You cannot begin to count one year in September or August last year. No! [This is] because we are not informed and there is no informed basis for the Referendum.”
The Constitution, he observed, has been consistently violated with none speaking against it. He said the Liberian Legislature and the Executive Branch feel free and comfortable to continue these violations.
“We go back to the threshold - [the National] Elections Commission has published regulations governing Referendum and it refers to people voting not at Constituencies but at polling stations,” he exclaimed.
According to him, “The Constitution has been consistently violated, and we have not spoken about; so our Legislature and the Executive Branch feel free and comfortable to continue these violations.”
Polling Station voting where in the Law?
Citing the failure by the Legislature to enact a threshold, Verdier said the National Elections Commission has published regulations governing Referendum in which the commission asked the people to vote not at Constituencies, but at polling stations.
“Where in the Constitution or in any law… in Liberia that you can vote at polling stations – check it out. UNDER WHAT AUTHORITY [IS] THE [NATIONAL] ELECTIONS COMMISSION ATTEMPTING TO CONDUCT A REFERENDUM?” he asked
A referendum is just like a national election and the possibility of holding two national elections at a time is a question he raised also.
“People are even reluctant to vote for candidates, for people. Can they vote for ideas that they don’t understand, they know nothing about? It’s a mockery and I repeat it is… pursuing a narrow political objective which serves the country no good and we all should object; we all should be opposed to uphold illegality,” said Cllr. Verdier as though he was outrage.
At this point, his argument came to dwell on Article 92 of the Constitution which provides for publishing the rationale for changing each of the articles of the Constitution in a referendum before the conduct of the referendum itself.
According to Article 92, “Proposed constitutional amendments shall be accompanied by statements setting forth the reasons therefor, and shall be published in the Official Gazette and made known to the people through the information services of the Republic. If more than one proposed amendment is to be voted upon in a referendum they shall be submitted in such manner that the people may vote for or against them separately.”
Accordingly, Verdier referred to this Article, averring, “…I am saying that they have hidden the propositions from the Liberian people; it should be published one year in advance before the National Referendum. And so they have not been published in March, and I know it will not be published in April, it means that Referendum should not be held before March of 2012…”
Defining this argument further, Cllr. Verdier said it meant “… that after the elections, we can come together as a nation and a people to conduct the referendum under the calm atmosphere.”
In the opened and outright manner, the boss of the defunct TRC accentuated, “The propositions are disservice to us and insult to our intelligence as a people who have survived a fourteen year conflict and are determined to build peace in Liberia”
In a nutshell, all of the speakers at the PUL function said the National Referendum before the 2011 elections is irrelevant and will violate Articles 91 and 92 of the Liberian Constitution.
No Constitutional foundation
Mr. Mark Marvey of the National Youth Movement for Transparent Elections, who opened the floor, was the first to assert that the planned referendum is not premised on constitutional foundation.
He referred to Article 91 of the Constitution providing that voting in a referendum conducted by the Elections Commission is not sooner than one year after legislative approval and cited Article 92 stating the setting forth of reasons for the changes in an official gazette to the people through the information services available to the Republic.
Mavey also noted that the issues presented in the referendum proposal are irrelevant and politically motivated.
He said the rationales for the changes proposed have not been explained to the Liberian people in a published gazette while the proposed change affecting Article 52(c) of the Constitution requiring 5-Year Residency instead of 10 years for presidential candidates prior to election only serves the political interest of incumbent candidates.
Marvey also said proposed changes of Article 72 redefining the terms of judges in the pending referendum, and the change affecting the absolute Majority voting provision in Article 83(b) were self-seeking and unnecessary.
He also added that the change in election schedule from October to November was also irrelevant.

Beware of Looming Threats

An Analysis of the Cote d’Ivoire & Liberian Conflicts
By: Bill K. Jarkloh



Journalist Bill K. Jarkloh

There is reason for every Liberian to be concerned. The situation in Ivory Coast has certainly posed threat to pre-election Liberia, but if prudence is not employed in managing the political activities in the country, the situation in Ivory Coast could be imported to Liberia, considering the involvement of some Liberian combatants in that country’s crisis who could be manipulated back to Liberia in the name of ‘revolution’ for the third time.
I am indeed touched to speak to a gruesome picture of massacred Ivorian residents in Doukoué carried in the FrontPageAfrica’s Volume 5 edition number One, a picture in which columns of bodies were seen killed in that part of West Africa in a manner and form that bring to memory some of the scenes of the Liberian civil debacle of the 1990s. While mass graves are being discovered in Liberia, it is absolute insanity and traumatic for Liberians to be reminded of their past, using scenes from the Ivorian crisis of elsewhere. But the fact remains that such scene does much to remind political actors and their followers, especially those holding state powers that much should be done to avert a situation that would take Liberia back to such bloody era.
Skimming through, the FrontPageAfrica captioned the story with the headline reading: Ivory Coast’s Killing Fields. The obscenity in the photo itself was highly revealing the danger that awaits any of the countries neighboring Ivory Coast, especially Liberia. Explaining the photo, the paper says, “With Abidjan on edge, both sides in the ongoing post-election violence are claiming casualties; but which side is responsible for the killings of hundred in the battle between internationally recognized winner Alassane Ouattara and embattled [incumbent] leader Laurent Gbagbo?” As the story was told, the innocent victims were alive until a town named Doukoué was ‘liberated’ by pro-Outtarra forces.
a) Two Countries, similar case
While everyone is calling for international intervention in the post electoral conflict in that country, it is important to state that the situation in Ivory Coast is redolently not different from the Liberian civil conflict, local and international radios were at the same time broadcasting negations of surrender by incumbent Gbagbo who is closed up at the basement of his residence in Abidjan, la Cote d’Ivoire. Perhaps this could be the only difference between the civil war of the 1990s in Liberia and the present catastrophe taking place in that country. This is because Samuel Doe, the incumbent in Liberian at the time refused to negotiate his departure from the Executive Mansion and was therefore killed like a beast by rebel forces. Otherwise than the negation efforts in the Ivory Coast for the incumbent President’s departure, we are talking about two settings – Liberia and Ivory Coast - with conflicts absolutely similar. Oh no! Another character is the fact that the winner of the Ivory Coast
election, Alasane Outtarra is alive, making his case and is now backed by fighters, while in Liberia, invading forces from the Ivory Coast under the leadership of Charles Taylor killed opposition political leaders that should have been protected, including the presumed winner of the 1985 presidential elections of Liberia.
Well, one thing that must be said is that the timing and trend of the post electoral Ivorian conflict is inimical and utterly unfavorable to present today’s Liberia, a country which is journeying towards a volatile presidential election that should precede a national constitutional referendum obviously purposed to qualify a constitutionally unqualified incumbent for a second term bid, out of what seems to be uncompromising and desperation for a second term amidst heightened public criticisms.
b) The tribal factor plays also
The situation in Ivory Coast is similar to Liberia’s 1990 conflict. Firstly the Ivorian case is charged with ethnicity and religious tension just as the Liberian situation. In fact there is no secrete here in Liberia that the ex-combatants of the erstwhile National Patriotic Front of Liberia (NPFL) are crossing the border to fight for Outtara who most people speculate has a Gio or Minor background while the former fighters of the defunct Liberia Peace Council and the former MODEL who are mainly Khrans have been battling in favor of Ivorian incumbent Gbagbo. In this kind of situation, the possibility of a spillover to Liberia is imminent unless cautious and precautionary measures are put in place to avert winding eventualities.
Besides, the crisis in question centers on the intransigence of a defeated President who has refused to surrender power to the actual winner of the election. Gbagbo was beaten flat by his presidential contender Alassane Outtara before the international community but refused to cede to the actual winner, Mr. Gbagbo, just as Samuel Doe of the National Democratic Party of Liberia (NDPL) in 1985, overwhelmingly lost the presidential race to Jackson F. Doe of the Liberia Action Party (LAP). Gbagbo contended that some ballots from Outtarra stronghold were in valid, influenced the Constitutional Court to legitimize his claims. With Outtarra’s insistence on the Presidency backed by the international community, Gbagbo has chosen to use the State Security against the people of Ivory Coast to sustain himself in power while Outtarra, backed by the New Rebels forces that once fought in the first round of the Ivorian crisis, has been resisting the incumbent. The innocent people I saw in the FrontPageAfrica Newspaper and others who have lost their lives are the ones in the web of the power play. Others have scattered into Ghana, Guinea, with more than 100,000 refugees crossing the border into Liberia.
c) The Unhealthy Pre-election bickering and flaws
This situation in the Ivory Coast precedes the Liberian presidential election in which the incumbent is out for a second bid. Already in Liberia there has been pre-elections bickering. The President is accused of attempting to run a faulty referendum that would qualify her to run, since Article 52 (c) providing for a 10-year residency clause. According to Article 52 (c), “No person shall be eligible to hold the office of President or Vice–President, unless that person is … resident in the Republic ten years prior to his election, provided that the President and the Vice–President shall not come from the same County.” Critics of the pending Referendum have already argues that the President is forcing the National Referendum through to reduce the 10 years to five years so that her second bid aspiration to the Presidency will be a fruition.
So what is the truth of this argument? The truth is that the President came to power through a transitional arrangement leading to election, which did not consider every provision within the Constitution. It was provided in the Comprehensive Peace Accord that the 2005 elections that brought President Sirleaf to power was Special Elections that should lead the country to democracy. Now that there is no excuse of sidestepping any portion of the 2011 Presidential election, the best option is to force through a Referendum that would amend that portion that would prevent the incumbency of President Sirleaf.
In fact the process leading to the ensuing Referendum is shrouded with flaws. For instance, a referendum is provided for under Articles 91 and 92 of the Constitution. In CHAPTER XII covering AMENDMENTS, Article 91 states, “This Constitution may be amended whenever a proposal by either (1) two-thirds of the membership of both Houses of the Legislature or (2) a petition submitted to the Legislature, by not fewer than 10,000 citizens which receives the concurrence of two-thirds of the membership of both Houses of the Legislature, is ratified by two-thirds of the registered voters, voting in a referendum conducted by the Elections Commission not sooner than one year after the action of the Legislature.
The national Legislature passed a resolution last August proposing the Referendum though, but this was the President’s second bid proposal. This referendum was never proposed in the last five years until after the incumbent President expressed interest. The fact remains that Madam Sirleaf has not been resident in the country for the last 10 years prior to the 2005 elections and by this she would not be qualified under Constitutional rule guiding the election in which she wants a second term.
Secondly, the phrase not sooner than one year means “earlier than one year; quicker than one year or closer to one year. So why should the NEC and the Legislature, knowing that 2011 October will be Presidential and Legislative Election passed a Joint Resolution for Referendum. This was why National Elections Commission Chairman James Fromayan was declarative that Referendum wasn’t possible ahead of the 2011 elections. Unfortunately however, he somersaulted anyway, on his position. The reason is obvious that there was an influence, for he knew every provision of the Constitution when the Referendum wasn’t possible ahead of the 2011 elections.
In fact the referendum itself fails to satisfy Article 92 which provides that proposed constitutional amendments shall be accompanied by statements setting forth the reasons therefore and shall be published in the Official Gazette and made known to the people through the information services of the Republic. In this case, what is the reason set forth to warrant the referendum changing Article 52(c)? What rationale difference it makes in changing election month from October to November? We are raising some of the contentions that may sprout and geminate to chaos, a debacle that may replay the past since already the Ivorian crisis has set into motion blueprint for spillover of the confusion in that country.
Besides, the referendum involving Article 83 (a) , which provides for voting for the President, Vice–President, members of the Senate and members of the House of Representatives to be conducted throughout the Republic on the second Tuesday in October of each election year, to be changed to November does not make any difference and sense. October and November are the same climatic, DRY SEASON in Liberia, and their nearness climate wise is practically the same. So why the Change – this has not been convincingly explained and has therefore constitute a point for contention.
Another issue raised for referendum is the issue of the term of service of judges and justices as provided for in Article 72 (b). Article 72 (b) promulgates that the Chief Justice and the Associate Justices of the Supreme Court and judges of subordinate courts of record shall be retired at the age of seventy; provided, however, that a justice or judge who has attained that age may continue in office for as long as may be necessary to enable him to render judgment or perform any other judicial duty in regard to proceedings entertained by him before he attained that age. So why extend the tenure to extra five years from 70 years.
For me, I agree with others arguing that a prudent amendment could be the one reducing the tenure of services of the Chief Justice and the Associate Justices of the Supreme Court and judges of subordinate courts of record to far less than 70 years, in a country where many younger, middle-aged or older folks than 70 years of age are interested in reading or have already read law. This would create opportunity for the folks as stated to also contribute to their country through the administration of justice as justices or judges.
These constitutional changes, no doubt, are supposed to protecting incumbents in power, to the silencing of the greater population and the knowledgeable elites. Where politicians are feeling isolated from power almost perpetually, the next option is to consider actions that could be counter-productive to peace. It is like a despot driving away politicians who had gone out, remobilized and return with force. Liberia has learned this lesson and will not afford to return to it.
These issues have certainly continued to stir the political terrain, just as debate of the President’s failure to submit to an irking report of the Truth & Reconciliation Commission has not been resolved. This report recommends that the President and others who supported the war morally and financially should not hold office for at least 30 years. The President, apparently disturbed by this recommendation has failed to act on the TRC report in spite persistent calls. Today, the TRC report remains swept under the rug while the defunct TRC leadership particularly its Chairman has fruitlessly struggled to ensure that the report is implemented.
d) conclusion
Well, my fingers are going of the keyboard with re-emphasis of attention to the situation next door, the situation to the borders of Liberia with Ivory Coast where Liberians mercenaries are active combatants going in and out with looted goods trade.
A disturbing story of the security situation was told. A Nimbaian from the border lectured on the metro while en route from New Georgia how terrible it is for those living along the Liberian side of the border with Ivory Coast. “You will be hearing the echoes of bombardments, with the automatic machine guns popping under the heavy sound. You will see Liberians militias armed mingling with the state security forces who dare not to pressurize them. One immigration officer told me that they know those boys and they are not causing problem for the Liberian security”.
I was stunned to have heard this. In fact he said of the militia in armed were armed in the Ivory Coast and were fighting alongside the Outtarra side. They conveyed looted vehicles and goods to Liberia with no tax levied because they are armed, and they ran inside Liberia to rest if they were tire fighting for a while. That is certainly absurd for the security to allow, even though I was told that they are being coerced to permit such, because they were not adequately armed to tame the Liberian mercenaries fighting in the Ivory Coast.
That is the point I made when I overviewed the Liberian political scenario. Processes and debates attending the pending referendum and the anticipated elections are not healthy at all. With the ill-equipped Liberian army, the need to be prudent to avoid electoral conflict should not be overemphasized. Such conflicts cold destroy the gains made by this administration and send the country in shambles. By meaning, I am saying the National Elections Commission, the desperate-for-second term incumbent and government and the ferociously uncompromising opposition critics should see reason to be not only cautious and meticulous, but to act in a form and manner that would correct every flaw along the road to election; I mean no room for electoral irregularities and future post election conflict should be entertained as Liberians were tire of war.