ASSESSING THE EFFECTS OF ELECTORAL REFORMS IN GHANA: THE CASE OF BIOMETRIC VOTER REGISTRATION AND VERIFICATION

0
387

CHAPTER ONE INTRODUCTION AND BACKGROUND

My goal in this study is to assess the effects of the biometric voter registration and verification system introduced in Ghana’s 2012 and 2016 elections. The study focused on these key research questions: Why did the Electoral Commission of Ghana embark on biometric voter registration and verification? To what extent has the biometric voter registration and verification system contributed to credible elections in Ghana? What challenges have accompanied Ghana’s biometric voter registration and verification implementation? What is the general perception of voters towards the biometric voting system introduced into Ghanaian elections?

Following the third wave of democratization in Africa, Ghana returned to democratic dispensation in 1992 after years of military regime. Ever since, the country has proven to be one of the most progressive electoral democracies in Sub-Saharan Africa (Okrah, 2015). By 2016, the country has conducted seven relatively successful elections at four years interval beginning from 1992. Until 2012, when biometric voter registration and verification (BVRV) system was first introduced for Ghana’s general elections, the country used the Optical Mark Recognition (OMR) system to register eligible voters. The registration of voters was computerized but the registration process did not include collecting the biometric details of prospective voters. Equally, during elections voters were verified manually by an electoral officer absent a biometric or computerized identification system (CODEO, 2012). Using this voting system the Electoral Commission (EC) of Ghana conducted five relatively successful elections. These elections were generally recognized by both domestic and international election observers like CODEO and NDI as peaceful, credible, and successful (CODEO, 2012; NDI, 2016).

Within this period, two of the elections resulted in successful transition of power from a ruling party to an opposition party. These success stories however were not without challenges to election administration. A recurring theme of the (traditional) voting system1 encompassed unqualified voter registrations (registration by minors and non-Ghanaians), voter impersonation, multiple registrations, multiple voting, ballot stuffing, carousel voting, and bloated electoral register, inter alia (Debrah, 2015). CODEO (2012) generally found that the failure of the Electoral Commission to produce a voters’ register and verification system regarded by all stakeholders as credible presented a major setback in Ghana’s electoral administration.

In the bid to promote transparent and credible elections the Electoral Commission received concerns from individuals, civil society organizations, political parties, and other electoral stakeholders toward the need to adopt new reforms to solve the problems associated with the electoral system (Oquaye, 2012; CODEO, 2012). With the Authority vested in the Electoral Commission to make reforms in Article 45 (a) and (f) of Ghana’s 1992 Constitution2 coupled with the search for a solution to the aforementioned electoral irregularities associated with the electioneering process, the Electoral Commission on 24th March, 2012 introduced the biometric voting system which was in two sections: the biometric voter registration and biometric voter verification (CODEO, 2013; Friedrich Ebert Stiftung, 2017). This reform was primarily expected to overcome the major challenges associated with the traditional voter registration and verification system (CDD-Ghana 2012). However, according to Gelb and Diofasi (2016) biometric

1 Traditional voting system in this study refers to the Optical Mark Recognition system and the manual voter verification system that were employed for Ghanaian elections before 2012 (i.e. from 1992 to 2008).

2 Article 45 (a) and (f) of the 1992 Republican Constitution of Ghana stipulates that: The Electoral Commission of Ghana shall have among others the following functions – (a) to compile the register of voters and revise it at such periods as may be determined by law; (f) to perform such other functions as may be prescribed by law

technologies in elections when not properly handled may undermine voters trust and confidence; give rise to allegations of electoral fraud; and consequently aggravate the very problems they were supposed to prevent. This study therefore seeks to investigate Ghana’s experience with the 2012/2016 biometric voter registration and verification system and the dynamics that have transpired over the years.

      Research Background

The democratization process of many developing countries particularly Africa began to unfold after the demise of the cold war. Fukuyama (1992), notes that the era marked the adoption of western liberal democracy as the final form of human development. By 2003, about sixty percent of the world’s states were considered formal democracies (Diamond, 2006; Van de Walle, 2005). In lieu of the minimalists’ definition of democracy3, about one hundred and twenty-three (123) states including fifty (50) African countries had become electoral democracies as of 2007 notwithstanding how imperfect they might be (Lindberg, 2007; Schumpeter, 1947; 1954).

Matlosa (2003) argues that, the general impression that can be deduced from the “third wave of democratization”4 that swept Africa in the 1990s as described by Samuel Huntington, is that, the transition helped to reorient the African political system away from despotism and authoritarian rule towards; increasing political freedoms, growth and organization of political parties, competitive political governance, and the era of holding elections on a relatively even playing field

3 Minimalists-(a faction of Marxist Social Democratic Party in prerevolutionary Russia that advocated for a gradual approach to social reform) defines democracy as a system of government in which the principal positions of political power are filled through regular, free, and fair elections irrespective of how imperfect they may be (Lindberg, 2007). 4 The unfolding process of democratic transition in Africa is what Harvard political scientist Samuel P. Huntington termed the “third wave” of democratization. See Huntington (1997:4), Mozaffar (1997:7) and Raknar et al., (2007:7) for more explanations on Samuel Huntington’s first, second, and third wave of democracy.

(Huntington, 1991;1997; Mozaffar, 2002). This development among others heralded the departure from the era of military coups d’états to the holding of elections sometimes even for the mere sake of it (Etannibi, 2007). Thereafter, African countries became more predisposed to holding elections and the maxim of “bullets to ballot” became a common parlance (Okrah, 2015; Handley, 2008).

In Ghana, the emergence of the third wave of democratization led to the liberalization of the political space, the return to multiparty politics and elections, the drafting of the Fourth Republican Constitution, and the strengthening of the electoral processes, among others (Boafo-Arthur, 2008; Frimpong, 2008). Extant literature posit that this development was induced by both internal and external factors. Fundamental to these factors as identified by Ninsin (1998) and Handley (2008), were the agitations by the Movement for Freedom and Justice – a pro-democratic force, which to some extent influenced Flt. Lt. Jerry John Rawlings and the Provisional National Defense Council (PNDC) to tolerate some form of political space, ultimately, the operation of opposition groups. In addition, pressure from International Financial Institutions (IFIs), making democratization a pre-condition for foreign aid forced Ghana and many other developing countries to liberalize their political environment (Boafo-Arthur, 2008; Gyimah-Boadi, 2004; Handley & Mills, 2001; Badu & Larvie, 1996; Oquaye, 1995; Sandbrook & Oelbaum, 1991).

The liberalization of the political space in Ghana began with the conduct of non-partisan but competitive District Assembly (DA) elections in 1988. Later, regional consultations were hosted by the National Commission for Democracy (NCD) under the leadership of the late Justice Daniel Francis Annan to pronounce the future direction of Ghana’s political processes (Ninsin, 1998). A Consultative Assembly was subsequently inducted to draft a new constitution for the country; and

by the end of March 1992, a revised draft constitution was submitted to the Chairman of the Provisional National Defence Council (PNDC), Flt. Lt. Jerry John Rawlings. The proposed constitution was subjected to a referendum on 18th April, 1992, and was approved by more than ninety percent of the total voters (Handley, 2008; Ayee 1997; Badu & Larvie, 1996).

Boafo–Arthur (2008), Ayee (1997), and Ninsin (1998) argue that the environment prior to the framing of Ghana’s Fourth Republican Constitution in 1992 was not favorable. Ninsin (1998) noted that the Rawlings’ regime was much interested in self-succession than opening up the political space for competitive elections. He intimates that the entrenched Rawlings’ military regime which held the reins of power for over a decade succeeded in intimidating and suppressing political groupings, civic organizations, professional associations, and the middle class of the society. However, in November 1992, the first general election was held (Ninsin, 1998). The National Democratic Congress (NDC) led by Rawlings, contested against the New Patriotic Party (NPP) led by the late Professor Albert Adu Boahen and other political parties and won even though some members of the opposition parties cried foul (Etannibi, 2007; Gyimah-Boadi, 2004; Oquaye, 1995). It is quintessential to note that, after that period, peaceful and successful elections have been held every four years, and the role played by electoral reforms cannot be overlooked (CODEO, 2012).

However, in the run up to the 2008 December elections, Mike Oquaye asserted that, Ghana went to the brink of war, because, the credibility of the electoral process was contested (Oquaye, 2013). On the basis of this argument he noted that, the NDC led by the late Prof. Mills complained that they have uncovered a conspiracy between the Electoral Commission and the NPP to rig the 2008

elections. Consequently, Prof. Mills warned that a Rwanda-style civil war was imminent (Ibid). Macho men were engaged by candidates to become part of the electoral process. While a number of people were maimed and deaths occurred, others sought asylum abroad, and many more stored food against the expected war. As the final results were being awaited, Rwanda was rehearsed in the capital – NDC youth in the city of Accra, dreadfully armed invaded the Electoral Commission head office and burnt vehicle tyres (Oquaye, 2013:5).

The panic scenario became rife in 2008 and demands for credible elections heightened as concerns over failed electoral processes and procedures were largely reiterated in media commentaries and political discourses (Debrah, 2015; Oquaye, 2013). The 2008 elections experience among others was the last straw that influenced demands toward the adoption of a more credible electoral reform to address the challenges bedeviling elections over the years (Ibid). The Electoral Commission of Ghana therefore accepted suggestions for electoral reforms and introduced the biometric voter registration and verification system into Ghanaian elections (EISA, 2012).

      Research Problem

Over the past two and half decades (after 1992) several electoral reform policy initiatives have been expended to enhance transparency and electoral credibility in Ghana. These include the introduction of transparent ballot boxes to replace opaque ones; the replacement of the Political Parties Law (PNDCL 281) of 1992 which was seen as obtrusive to the conduct of competitive and credible party politics and democratic progress with the Political Parties Act 574 of 2000 to ensure greater participation of the citizens; the issuing of photo identity cards to replace thumb printed ID cards; and the holding of both parliamentary and presidential elections on the same day (Ayee

2017; 1998; 1997b; Oquaye, 2013; Frempong, 2008). However, the most significant electoral reform occurred in Ghana’s 2012 and 2016 general elections. These elections featured the use of biometric voter registration and verification systems with expectations of addressing the registration of unqualified voters, multiple registrations, multiple voting, voter impersonation, and over bloated register associated with the manual voter registration and verification system used in past elections (CODEO, 2013; Friedrich Ebert Stiftung, 2017).