MONROVIA – The Liberia Council of Churches (LCC), through its President Bishop Kortu K. Brown, has renewed calls for the National Elections Commission (NEC) to adhere to the recent ruling from the Supreme Court of Liberia and abandon the holding of the National Referendum along with the Senatorial Election.
Founded in 1982, the LCC is an embodiment of churches and religious institutions in Liberia.
The national referendum has been scheduled to take place along with the senatorial election and two by-elections in Montserrado and Sinoe counties respectively, on December 8, according to the NEC.
The four propositions of the pending National Referendum include: the reductions of the term of the President from six to five years; Senator from nine to seven years, Representative from six to five years, and dual citizenship.
These Propositions for amendment seek to affect Articles 45, 46, 47, 48 and 50 of the 1986 Constitution of Liberia.
It can be recalled that on Wednesday, November 18, the Supreme Court, in a unanimous opinion, granted the Petition for a Writ of Prohibition against the holding of the Referendum filed by the Collaborating Political Parties (CPP), after the National Legislature adopted a Joint Resolution proposing a Constitutional Referendum.
The CPP in its Petition to the Supreme Court at the time, argued that the Official Gazette as published by the Government is not consistent with the clear mandate of Article 92 of the Constitution which, in relevant part, states in unequivocal terms “….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.” CPP also argued that collapsing the proposed amendments into 3 ballot measures has far reaching implications for the fairness, integrity, and transparency of the Referendum, and hence the constitutional democracy that the process seeks to enhance. If for instance, a voter votes “YES” to ballot Measure Number 3, his “YES” vote automatically translates into an approval of all the proposed amendments that have been collapsed under ballot Measure Number 3. If on the other hand, he votes “No”, it automatically translates into a rejection of all the proposed amendments that have been collapsed under ballot Measure Number 3. Given the lack of adequate public education and awareness on the proposals, CPP lawyers argued such a choice is not only unconstitutional, but is tantamount to a deliberate attempt to entrapping the voter to a pre-determined outcome.
But in its ruling, the Supreme Court agreed with the CPP and held that the act of the Executive Branch of the Government of Liberia in deviating from the clear language of the Resolution of the Legislature by combining and condensing the eight propositions into three categories quite contrary to the provision of Article 92 of the Constitution which specifically mandates that each of the eight prepositions be stated separately on the ballots to afford voters the opportunity to exercise their right of choice, the Government proceeded by the wrong rules.
The Supreme Court went further to state that “to the mind of this Court, this is a violation of the letters and intent of the Constitution and the citizens’ rights of choice.
The court agrees with the petitioners that should the 1st Respondent (National Elections Commission) be permitted to print the ballot papers based upon the published Official Gazette, then and in that case, that will constitute proceeding by the wrong rule.
The Constitution provides that ballots for a referendum shall present the proposed amendments to the people in such a manner so as to avail them of the opportunity to vote for or against them separately.
Speaking to reporters at a news conference held at his offices in Brewerville, outside Monrovia on Friday, November 29, Bishop Brown disclosed that the NEC has “poorly arranged” the referendum, and as such, the commission should not proceed with the conduct of the exercise.
“The Council opposes any action by the NEC to impose the conduct of a poorly arranged Referendum on the people of Liberia. In a country with an illiteracy rate of more than 70%, when do you educate Liberians on the eight (8) ballots the ruling of the Supreme Court is mandating in accordance with Constitutional requirements? We are now only about two weeks away from the December 8 polls”.
He stated that the ecumenical body which comprises of para-church groups is pleased by the pronouncement made by the Supreme Court in the ruling to request NEC to remove the referendum propositions from the ballot paper of the Senatorial election scheduled because of the inadequacy of the preparations for the exercise.
He noted that the Council and its partners believe that such an action “is in good faith and incline to uphold the participatory democracy of the State and avoid unnecessary conflicts”.
“The Council also reiterates its decision that conducting the referendum now is not feasible; it is not timely considering that the public or civic education on the propositions is grossly limited and the legal clarity as it relates to the Constitution of the Republic of Liberia has been complicated by the NEC handling of the process”.
Upholding the peace
Speaking further, Bishop Brown pointed out that the peace and democracy of the nation is beyond any political party or government institution, and as such, the religious community will not relent to take action to uphold the peace at every level.
He further called on the NEC to exercise neutrality, impartiality, objectivity, transparency and fair play in the adjudication of its constitutional mandate.
According to him, a credible election or electoral process including a national referendum, like the one under scrutiny, is a fundamental to sustaining any democracy and upholding the tenets of peace and security.
No going with impunity
Bishop Brown, however, reminded Liberians that any acts of violence, molestation, intimidation, and violation of the electoral guidelines or violation of the Liberian Constitution, will not be tolerated at any given time.
“The Church affirms that people who act without political restraints will not be allowed to undermine the peace and ruin our fragile democracy and go with impunity”.
“That’s why the Council is also fielding monitors in the 15 counties who will follow, document and report on acts of political and/or electoral violence during the Senatorial elections. All Liberians must work together to expel impunity from our country because it’s a threat to peace and tranquility”.
He reiterated calls for government and political parties to refrain from any kind of interference in the working of the National Elections Commission.
Bishop Brown maintained that the NEC must conduct the election and its constitutional mandate without any fear or favor.
He, however, called on government to provide adequate logistical support to the Joint security and the Liberia National Police to deploy security at every polling precinct during the Election on December 8.
The LCC further urged leaders of political parties and all stakeholders to recommit themselves to non-violence political and electoral activities in the country.