Manual on Human Rights Monitoring An Introduction for ...Manual on Human Rights Monitoring An...

Chapter 9

ELECTION OBSERVATION

Kristin Høgdahl

Contents

1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2 International human rights obligations . . . . . . . . 3

3 Conditions for effective election observation . . . . 5

4 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . 6

5 Preparing for election observation . . . . . . . . . . . . 6

6 Overall coordination . . . . . . . . . . . . . . . . . . . . . . 7

7 Pre-election phase observation targets . . . . . . . . .8

8 Election phase observation targets . . . . . . . . . . . 15

9 Immediate post election phase activities . . . . . . 21

10 Post-election phase observation targets and

activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

11 The overall assessment . . . . . . . . . . . . . . . . . . . 23

NORWEGIAN INSTITUTE OF HUMAN RIGHTS

Manual on Human Rights MonitoringAn Introduction for Human Rights Field Officers

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1. Introduction

Over the last decade, observation of elec-tions and referenda has emerged as animportant task in support of democraticdevelopment and international humanrights. The right to political participationlies at the core of a democratic society.The ability of all citizens to express theirpreferences in periodic and genuine elec-tions is one of the main manifestations ofthis right. Yet, political participation is amuch broader concept which in order tobe meaningful, presupposes adherence toother basic human rights such as the rightto freedom of expression, movement, pea-ceful assembly and association both at thetime of an election and, more important-ly, between elections. Election observati-on is therefore more than just a technicalexercise, as it can contribute directly tothe promotion of universal human rightsthrough factual reporting identifying pro-blems as well as recommendations onhow the problems can be rectified.Observation can also prevent violationsof human rights associated with the elec-tion process through the very presenceand visibility of observers, as the correct-ness of the election process itself is asses-sed.

A state is obligated to respect and pro-tect international human rights and theinternational community has a crucialrole to play in ensuring state respect forhuman rights commitments. Electionobservation is one manner in which inter-national monitoring of state compliancecan take place. State commitments legiti-mize international election observation.They also place a large responsibility onthe international community to observeand assess elections in a way that willreinforce rather than undermine that legi-timacy. As the practice of sending obser-ver missions to assess elections rapidlyexpanded in the early 1990s, it becameevident that there was a strong need toestablish a more structured electionobservation methodology.

Numerous election observation missi-ons have taken place over the last decade

coordinated i.e. by the Organisation forSecurity and Co-operation (OSCE),United Nations (UN), Organisation ofAmerican States (OAS), Council ofEurope and the European Union (EU).The methodology developed by the OSCEOffice for Democratic Institutions andHuman Rights (ODIHR) is at present themost systematic, encompassing and verifi-able approach. Thus, the general methodsof election observation including practi-cal guidelines for the conduct of electionobservation missions outlined in the pre-sent chapter, are identical to that set outin the ODIHR Election ObservationHandbook, only modified to ensure glo-bal applicability.1

It is now recognized that electionobservation cannot be a one-day event.An informed assessment of an electionprocess cannot be made on the basis ofelection day observations only. This morecomplete approach requires a long-termobserver presence in the country, throughthe various stages of the election processnecessary for a meaningful and democra-tic exercise. When evaluating an electionprocess, observers must take into accountthe entire election cycle, from the regi-stration of voters and candidates, throughthe campaign, the final voting and coun-ting stages, the public declaration ofresults, and the installment into office ofthose elected.

As a consequence, the practical fieldtasks of an election observation missioncan be divided into four distinct phases:Pre-election, election, immediate post-election and the extended post-electionphase. Long-term observers (LTOs) coverall election phases, while the short-termobservers (STOs) cover the election andimmediate post-election phases. Theobjective of the long-term observation isto gain an in-depth knowledge of the vari-ous phases of the election cycle. Theobjective of short-term observation is toprovide a broad presence throughout thecountry to assess the closing days of thecampaign, election day and the votecount.

The present chapter will identify


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MANUAL ON HUMAN RIGHTS MONITORING

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OSCE/ODIHR, the OSCE ParliamentaryAssembly and/or the Council of Europein their respective areas of responsibility.It is common that the various missionsissue separate final statements.Unfortunately, it is also common that thestatements issued do not coincide in con-tent. National governments have thuslearned to go "forum-shopping", makingpublic reference to the most congenialstatement. This is a problem as IGOs aretempted to give priority to political mes-sages (being supportive or explicitly criti-cal) or publicity (being the first statementout) rather than accountability (proces-sing all available data). The OSCE hassince 1997 sought to improve intra-insti-tutional cooperation through an agree-ment between the ODIHR and the OSCEParliamentary Assembly. Similar agree-ments or at least actual cooperation onthe ground, should be actively promotedby all involved actors, bearing in mindthat such cooperation must take placebased on a systematic approach.

2. International humanrights obligations

All election observers, regardless of theirown nation’s political system and electionprocess, are bound together in their task bythe Universal Declaration of HumanRights (UDHR). The UniversalDeclaration, adopted unanimously by theUnited Nations General Assembly in 1948,recognizes the integral role that transpa-rent and open elections play in ensuringthe fundamental and universal right todemocratic participatory government:

1. Everyone has the right to take part inthe government of his country, direct-ly or through freely chosen represen-tatives.

2. Everyone has the right to equal accessto public service in his country.

3. The will of the people shall be thebasis of the authority of government;this will shall be expressed in periodic

and genuine elections which shall beby universal and equal suffrage andshall be held by secret vote or by equi-valent free voting procedures. (UDHRArt.21)

This obligation was reiterated eighteenyears later in a similar wording in theInternational Covenant on Civil andPolitical Rights (ICCPR) which since thenhas been ratified by the great majority ofstates:

Every citizen shall have the right and theopportunity, without any of the distincti-ons mentioned in Article 2 and withoutunreasonable restrictions:a. To take part in the conduct of public

affairs, directly or through freely cho-sen representatives

b. To vote and to be elected at genuineperiodic elections which shall be heldby universal and equal suffrage andshall be held by secret ballot, guaran-teeing the free expression of the will ofthe electors;

c. To have access, on general terms ofequality, to public service in his coun-try. (ICCPR Art. 25)

The role that periodic, free and genuineelections play in ensuring respect for poli-tical rights is also enshrined in theEuropean Convention for the Protectionof Human Rights and FundamentalFreedoms (Protocol No.1, Art.3), theAmerican Convention on Human Rights(Art.23), the African Charter on Humanand Peoples’ Rights (Art.13), and in theCopenhagen Document (1990) of theOrganization for Security andCooperation in Europe.

It is then clearly an obligation of thestate to secure the right to participate inpublic affairs. Yet, it is not equally clearwhat standards apply in order for the stateto have ensured respect for this right.International human rights law is not verywell developed in this area in contrast toother areas of international law addressedin the present Manual (cf. chapters 7, 8and 10).


observation targets and activities to beundertaken in all of the four phases. In awell structured observer mission therewill be a division of labour between asmaller team of LTOs and a larger numberof STOs. The review of relevant observati-on targets and activities will make refe-rence to the two functions in order todefine the distinct yet complementaryroles of the two categories of observers aswe elaborate the tasks of observers ingeneral throughout the election process.

Lack of systematic approachThere are two major problems whichcontinue to hamper international electionobservation and which the observer mustbe aware of: The lack of a systematicobservation methodology in many obser-vation missions, and the lack of coopera-tion between international organisationsin sending consistent messages to thecountry being observed.

Unfortunately, there are still numeroussituations where international electionobservation takes place without thenecessary systematic approach. This istrue particularly in Africa and Asia whereregional Inter-Governmental Organisa-tions (IGOs) have not played a significantrole in election observation. The UN hasthus been the most likely coordinator ofan international election observer missi-on. The UN has in turn limited its role tothat of only facilitating internationalelection observation (unless part of alarge-scale UN mission). In practice, thismeans that the UN as such does not takeresponsibility for the substantive assess-ment of an electoral process as expressedby the international observers in a finalstatement.

The country offices of the UNDevelopment Program (UNDP) will assistobservers with administration and logis-tics, but leaves co-ordination of the finalstatement to a Joint InternationalObserver Group (JIOG). The JIOG iscomposed of representatives from thevarious Embassies present in the countrywhere elections are observed, sometimes

supported by election officers on shortterm contracts with the UNDP. Aroundthe election phase members of the JIOGwill be replaced by formal or ad-hocheads of national observer delegationswhich lack the longer term perspectiveand most often, must consult closely withtheir respective Embassies before a finalstatement is approved. The lack of aninstitutional mandate and systematicapproach endangers the credibility andpotential positive effects of internationalobservation efforts. This is not an exclusi-vely UN problem, as the European Unionhas struggled with similar problems. TheEuropean Union is at present the IGOmost active outside its own geographicalarea and has over the last year systemati-zed its approach to election observationand upgraded training of election obser-vers. It must also be mentioned that anumber of professional and non-govern-mental organisations in Asia and Africaas well as elsewhere, are highly professio-nal when it comes to election observati-on.

In these situations the national diplo-matic missions, institutions or organisati-ons deploying election observers as wellas the individual observers themselves,carry joint responsibility for actively pro-moting a systematic approach to electionmonitoring so as to ensure an informedand objective assessment of the electoralprocess. It is ultimately the responsibilityof the same actors to abstain from makingan overall assessment if there is insuffici-ent documentation. This chapter willhopefully serve to guide the efforts ofinstitutional actors as well as individualobservers to enhance the legitimacy ofinternational election observation.

Lack of international cooperationIt is quite common that various IGOs arepresent with separate missions in a coun-try where an election process is beingobserved i.e. the UN, EU, Common-wealth, OAU and the Southern AfricanDevelopment Community (SADC) or the

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ween elections must not be undulylong to avoid uncertainty as to thecontinued basis for legitimate authori-ty. The result of an election must thusbe respected and implemented mea-ning that those elected must be dulyinstalled in office and leave office iftheir mandates are not renewed inlater elections.

4. Universal suffrage. All citizens of aqualifying age should have the right tovote and their registration as votersmust be facilitated as reflected in theprinciple of universality. Criteria fordenying the right to vote or registermust not be unreasonable as would bethe case if denial was based on physi-cal disability, literacy, education orproperty. Furthermore, there is an obli-gation for the state to enact positivemeasures to overcome difficulties suchas illiteracy, language and poverty.Positive measures may include votereducation and registration campaigns.

5. Equal suffrage means one person onevote. This is further understood torequire equality in weighing of votesand that electoral boundaries shouldnot distort the distribution of votes ordiscriminate against groups. The lattertwo requirements may be of conside-rable concern to legislators and obser-vers alike when assessing a given elec-toral system and its lack of absoluteequality. The OSCE has specified theprinciple of relative equality by requi-ring that under the majority voting sys-tem, the size of the electorate from oneconstituency to another, should notvary by more than approximately 10%.Under the proportional representationsystem, the size of the electorate mayvary but the number of representativesfor each district should be proportio-nal to the size of the electorate.

6. Secret ballot. It is required that secre-cy of the vote including possibleabsentee voting, be ensured by protec-ting the voters from coercion or com-

pulsion to disclose how they intend tovote or have voted, and from unlawfuland arbitrary interference in the votingprocess. Democratic practice showsthat secrecy can only be assured if thevoter cast the ballot alone, in the pri-vacy of a secure voting booth, and in amanner that the market ballot papercannot be viewed before it is depositedin the ballot box.

7. Equal access to public service. Allcitizens who have reached a qualifyingage and meet the criteria for registrati-on should experience equality in theirformal possibilities to stand for electi-on. Potential restrictions on the accessto public office must be justifiableaccording to objective and reasonablecriteria. Discriminatory criteria such aseducation, residence, decent or politi-cal affiliation, are not acceptable, like-wise to require an unreasonable num-ber of signatures for registration.

The seven principles: universality, equali-ty, fairness, secrecy, freedom, transparen-cy and accountability, as understoodabove, are thus standards against whichobservers can assess the legislative fram-ework governing an election. It is on thisbasis one can form an opinion on whet-her or not the state is complying with itsinternational human rights obligation inthe area of political participation.

3. Conditions for effectiveelection observation

Election observation only takes place atthe invitation of a host government. Inorder to allow for long-term observation,it is the responsibility of the host govern-ment to issue the invitation at least threemonths in advance of an election. Theinvitation will most often be directed tothe United Nations or another Inter-governmental organization (IGO) withthe mandate and capacity to undertakecoordinated election observer missions.


For observers on the ground, there is aneed for further elaboration or operatio-nalization as to what this obligationentails. The most authoritative UN docu-ment available for this purpose is theGeneral Comment on Article 25 issued bythe UN Human Rights Committee (seeAnnex 1). The Human Rights Committeemonitors state compliance with the legal-ly binding commitments of the ICCPR (cf.Chapter 2).

It should be noted at the outset thatinternational human rights law does notimpose any particular electoral system.What it does require is that "any [electo-ral] system operating in a State party mustbe compatible with the rights protected byarticle 25 and must guarantee and giveeffect to the free expression of the will ofthe electors" (General Comment parag.21).

What specific indicators or principlescan thus be derived from Article 25 of theICCPR? I will below summarize guidanceprovided by the General Comment,adding where relevant, guidance summa-rized by the OSCE of what is argued to bedemocratic practice. I will argue thatinternational human rights obligationsrequire the state to ensure universality,equality, fairness, secrecy, freedom,transparency, and accountability in theelectoral process. These principles willemerge as we review seven elements ofArticle 25:

1. Every citizen. The right to participatein public affairs is the only humanright which apply for citizens of a stateonly as opposed to being universal andapplicable to any person subject to theauthority of a state in which they hap-pen to be (cf. Chapter 5). It is however,required that citizenship be defined inlaw respecting the right to non-discri-mination; that is no distinctions basedon race, colour, sex, language, religion,political or other opinion, national orsocial origin, property, birth or otherstatus. Unreasonable or discriminatorylegislation may well raise concern withregard to other rights protected inhuman rights law. Thus, within the

legitimate limitation of citizenship, theprinciple of inclusiveness or "univer-sality" should be a primary objective.

2. Genuine elections shall guarantee thefree expression of the will of the elec-tors. The voter must be able to form anindependent opinion in order toexpress a will, and must thus be able totake part in public debate and dialoguefree from violence or threat of violen-ce. The freedom of expression, assem-bly and association are thus essentialconditions for the effective exercise ofthe right to vote and must be upheldthroughout the entire election process.Genuine elections also require positivemeasures by the state to overcomeobstacles to effective participation.There is thus an obligation to ensurefairness and a level playing fieldthrough information and materialswhich ensure that voters have adequa-te information about contestants andissues which will inform their choice.The term transparency is not explicit-ly mentioned in the GeneralComment, but it follows from therequirement that the electoral processmust be in accordance with law, thatan independent electoral authorityshould be established and that there beaccess to judicial review for electors.To increase electors confidence it isfurther stated that votes be counted inthe presence of the candidates or theiragents and that there should be inde-pendent scrutiny of the voting andcounting process. As a further practi-cal consequence of the need for trans-parency, the OSCE requires that thevote count be visible and verifiablefrom the level of the polling station, toany intermediate levels of the electionadministration, and finally to the nati-onal election authority.

3. Periodic elections ensure the accoun-tability of elected representatives tothe electors when the representativesexercise the legislative or executivepowers vested in them. Intervals bet-

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whether the legislative framework gover-ning the election process is in line withhuman rights obligations. The state’seffort to protect, respect and promotehuman rights as operationalized in theseven principles reviewed above (see sec-tion 2), must be clearly reflected in thelegal framework for the election, inclu-ding the Constitution and the statutoryprovisions (election law, political partylaw, media law, criminal code, rules ofprocedure).

The legal framework should be draftedin an open and inclusive manner, in orderto secure broad confidence among thecompeting political parties or movements,candidates and voters. Significant chang-es in the legislative framework, if ongoingfrom one election to another, can createan unstable and unpredictable environ-ment in which political parties competefor election. The international communityshould not be inclined to observe an elec-tion in which the universal principles arenot clearly reflected in the governinglegislation and regulations.

In preparing for an election observati-on mission which will assess whetherpractice is in line with the legislative fram-ework, the needs assessment missionmust consider any previous electionobservation reports on the country con-cerned, including progress made onrecommendations made or critical pointsraised. The needs assessment missionshould also assess the context of theobservation and make recommendationsas to the size, composition, organisationalstructure and operating procedures of theelection observation mission. Through itswork the needs assessment missionshould serve to establish an early dialoguewith the national electoral authorities.

6. Overall coordination

An election observer mission will normal-ly have a Head of Mission or aCoordinator, designated by the respon-sible IGO as its on-site representative tas-

ked to support and coordinate the activi-ties of long- and short-term observers(LTOs and STOs). The Coordinator willconduct an on-going assessment throug-hout the observation as to whether theconditions for effective observation arebeing respected by the host government.Likewise, the Coordinator will be respon-sible for ensuring that the Code ofConduct is understood by all observers.Most observer missions will require theCoordinator to be assisted by a deputyhead of mission with main responsibilityfor contact with the long-term observersin particular, and an administration anddeployment officer responsible fordeployment plans and all other adminis-trative matters.

The most important and sensitive taskfor the Coordinator is to assess the elec-toral process and formulate the prelimina-ry statement to be issued after the electionday/s. The statement must be objective,based on informed judgment, and wordedin a manner that enhances its chances oftriggering favourable post-election reacti-ons on the part of the authorities.

The Coordinator will liaise regularlywith the supervising IGO headquarter,reporting on and consulting on ongoingdevelopments and possible concerns. TheCoordinator will also maintain regularcontact with embassies and other foreignstate-representations in the country ofobservation to keep them oriented as toongoing developments and possible con-cerns.

The principal counterpart within thehost country is the electoral commissionor the authority designated to administerthe election (hereafter called the NationalElection Administration). TheCoordinator will establish regular contactwith the relevant election authorities andset-up a temporary office in the capitalcity. The Coordinator will also maintainregular contact at the national level withrelevant ministries, political parties, non-governmental organizations (includingdomestic monitors and human rightsgroups), other relevant civic associations,the media and national minorities (if rele-


Alternatively, an invitation is directed tothe international community in generalthrough the various diplomatic represen-tations in the host-country. In the absen-ce of a timely invitation, the relevant IGOor diplomatic community may not be ableto or find it recommendable to respondpositively to an invitation to observe.We do not subscribe to the view that themere presence of observers adds legitima-cy to an election process. It is the obser-vers’ methodology and the resulting conc-lusions that will form the basis of theassessment of the election. In order tomake this assessment, it is expected thatthe inviting government assures, accor-ding to accepted international standards,that the observer mission will be able tocarry out its duties, specifically to:– Assess the number of observers neces-

sary to mount a viable observationwhich is not a matter for negotiationwith the host government;

– Receive accreditation through a simplenon-discriminatory procedure;

– Obtain information regarding the elec-tion process from electoral authoritiesat all levels;

– Meet with representatives of all partiesand with individuals randomly selec-ted;

– Obtain permission to travel in all regi-ons of the country during the electionprocess and on election day;

– Have unimpeded access to pollingsites and counting centers throughoutthe country;

– Have authority to issue public state-ments.

4. Code of conduct

Listed below are some general principlesand rules which all observers mustrespect:– Observers will maintain strict imparti-

ality in the conduct of their duties, andshall at no time express any bias orpreference in relation to national aut-horities, parties, candidates, or with

reference to any contentious issues inthe election process.

– Observers will undertake their dutiesin an unobtrusive manner, and will notinterfere with the election process,polling day procedures, or the votecount.

– Observers will carry the prescribedidentification issued by the hostgovernment or election commission,and will identify themselves to anyinterested authority upon request.

– Observers will not display or wear anypartisan symbols, colors, or banners.

– Observers may wish to bring irregulari-ties to the attention of the local electi-on officials, but they must never giveinstructions or countermand decisionsof the election officials.

– Observers will base all conclusions onwell documented, factual, and verifi-able evidence, and must fill out a sur-vey form of polling stations visited.

– Observers will refrain from makingany personal or premature commentsabout their observations to the mediaor any other interested persons, andwill limit any remarks to general infor-mation about the nature of their activi-ty as observers.

– Observers will participate in post-elec-tion debriefings, by fax or telephone ifnecessary.

– Observers must comply with all natio-nal laws and regulations.

5. Preparing for electionobservation

In order to assess whether and how anelection observation mission will beundertaken, the relevant Inter-Governmental Organisation (IGO) willdeploy a needs assessment mission seve-ral months before an election. Ideally oneor more of the delegates will be involvedin the overall co-ordination of the subse-quent election observation mission.

One of the most important tasks of theneeds assessment mission is to ascertain

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STOs and contribute to the final electionreport. LTOs should attend periodic mee-tings that the Coordinator may call in thecourse of the observation. Without inter-vening in the election process in any man-ner, LTOs will be responsible for maintai-ning contact in their respective regionswith election and government authorities,political parties, non-governmental orga-nizations (including domestic monitorsand human rights groups), other relevantcivic organisations, the media and natio-nal minorities (if relevant). TheCoordinator and other staff at headquar-ter will do the same at the national level.

The observer mission should observethe following aspects of the pre-electioncycle which will be elaborated on below.The first nine aspects deal mainly with theelection administration and the last fourrelate to the election campaign:• National election administration’s

composition and resources• Voter information• Voter identification and registration• Registration of candidates and politi-

cal parties• Election boundaries• Ballot design and security• Special voting provisions• Tabulation, aggregation and verificati-

on process• Complaints and review process• Political campaigning• Campaign resources• Media coverage• Conduct of security forces

National election administration’s compositionand resourcesCompositionAn independent electoral authorityshould be in place mandated to supervisethe electoral process and to ensure that itis conducted in accordance with establis-hed laws which are compatible with inter-national human rights law. A nationalelection administration, such as a CentralElection Commission (CEC) or an equi-valent body, is usually assigned to admi-

nister an election. Occasionally the judi-ciary may oversee the election process.Whichever body is constituted or assig-ned to administer the election, its workshould be independent, impartial, andtransparent.

The administering body should beindependent from politically motivatedmanipulation. Its independence could beenhanced if composed of respected, neu-tral and experienced individuals. Itshould be able to implement the electionlegislation and regulations without anyundue interference, intimidation or impe-diment to its duty.

Alternatively, the administering bodycould be made up of a balance of politicalparty representatives appointed by theirrespective parties. The balance of clearlyidentified party representatives is inten-ded to serve as a check on the system,through multi-party representatives, withequal representation at all levels of theelection administration. The party repre-sentatives should be appointed for adesignated period, and should not be sub-ject to removal by their party based ontheir decisions concerning the electionadministration.

It is preferable if the administeringbody is a permanent body, or at least witha standing executive committee. If it is nota permanent body, its independence canbe further guaranteed if the members havea fixed tenure and the right of return totheir previous employment.

If a judicial body is charged with admi-nistering the elections, its independencemust be assured through transparent pro-ceedings. Judicial appointees should beindependent of the authority of thosestanding for office.

It is imperative for the administeringbody to be impartial. It must enforce therights of freedom of expression, associati-on, assembly, non-discrimination and dueprocess of the law.

The transparency of the election admi-nistration can be greatly enhanced, con-tributing to public confidence in the sys-tem, when meetings of the NationalElection Administration are open mee-


vant). The information collected shouldbe documented with the permission of thesource, and may later be incorporatedinto the final reporting.

The Coordinator will actively seek adialogue with relevant national authoriti-es on election related matters throughoutthe electoral process. Any concerns theelection observer mission may have willbe brought to the attention of theNational Election Administration. TheCoordinator should make every effort toensure that the relevant authorities arefamiliar with and understand the reasonsfor possible concerns expressed prior toand/or after the elections.

The Coordinator should issue a shortpress statement upon arrival in the coun-try offering a brief description of the elec-tion observation mandate and contactinformation. The Coordinator shouldalways stress the impartiality of the obser-ver mission, and the willingness of themission to receive comments about theelectoral process or other human rightsissues relating to the electoral process.

The Coordinator should support andcoordinate the activity of the observers byproviding:– A comprehensive briefing on the elec-

tion regulations and procedures, aswell as on critical election issues;

– Relevant checklists and forms to beused by long- and short-term obser-vers;

– A deployment plan that ensures obser-vations from a representative sampleof the country on election day;

– A post-election debriefing that willserve as the basis for the post-electionstatement and the final report.

7. Pre-election phaseobservation targets

Election observation is not a one-dayevent. In line with the long-term appro-ach, observers must take into account thevarious stages of the election cycle, fromthe registration of voters and the com-

mencement of the campaign, to the finalvoting, counting and verification proce-dures, the processing of complaints andthe resolution of disputes. In order to ful-fill a commitment to long-term electionobservation, a core group of LTOs shouldbe deployed for a period of approximate-ly two months prior to the election.

The role of the LTO is to acquire firsthand knowledge about the effectivenessand impartiality of the pre-election admi-nistration; the perception of choicesamong voters; and the nature of the cam-paign prior to election day. Based on thisinsight the LTOs are responsible for assis-ting the short-term observers (STOs) inplacing the observations in the electionphase within an informed context.

LTOs should monitor any discrimina-tion in law or in fact during each stage ofthe election cycle, including during votereducation and voter registration. LTOsshould also monitor discriminationagainst minorities or women, such asexclusion or marginalisation in voter edu-cation programmes and under-representa-tion in election administration bodies.

The arrival of LTOs should be set to aspecific date so they can attend a briefingby the Coordinator. The briefing shouldcover the following points:- overview of the coordinating IGO andits work in the field of election monito-ring;– review codes of conduct and methodo-

logy of an observation as outlined inthis chapter or in a handbook specificto the coordinating IGO;

– explain the method of the particularobservation;

– assess the election law and regulationsin light of needs assessment missionreport if available;

– review security issues;– explain how to respond to press enqui-

ries.

After receiving their accreditation, LTOswill be deployed in teams of two to selec-ted posts throughout the country. Theywill submit interim reports based on theirfindings which will then be used to brief

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certain groups may not receive or under-stand information.

Voter identification and registrationAll citizens of the country should havethe right to vote and be registered asvoters on equal terms, provided they havereached a qualifying age. A national voterregister is a public document that establis-hes the nation-wide list of all eligiblevoters.

Registration procedures and facilitiesshould be readily accessible to the electo-rate, and the registration procedures cle-arly stated. The voter list should thereforebe made available for public inspectionwell in advance of the election to permitcomplaints about incorrect inclusion orexclusion.

There should be legal provisionsgoverning the method of registration, regi-stration timetable, qualification and dis-qualification in respect of nationality, ageand abode, temporary absence, means ofidentification, registration form, format ofthe register, publication of a draft register,procedure for claims and appeals, publi-cation of a final register, and availabilityand right to inspect registers.

Reasonable restrictions may include fac-tors such as residence, citizenship, convic-ted persons in legal detention, and thoseconsidered mentally incapacitated by thecourts. In relation to these factors, personsmay be barred in some countries from exer-cising the right to vote without violatinghuman rights obligations. However, inregards to citizenship and the principle ofuniversality, those people who have lived inthe country as de facto citizens for a reaso-nable number of years should be given afair chance to register to vote.

The voter registration process is bestassured by a permanent, well maintainedand regularly updated national voterregister. One comprehensive, computeri-sed list can also assist the authorities inverifying the accuracy of the lists, therebyenhancing the integrity of the voter regis-ter. However, some countries may not

have the capacity to generate a compute-rised voter register. Methods of registrati-on, therefore, may vary from country tocountry depending on local circumstan-ces, but should always seek to minimizethe potential obstacles for the voter toregister.

Each method requires a prescribedprocedure for identifying and registeringall qualified persons. Registration cam-paigns are necessary to ensure all votersthe possibility of effective participation. Itmay be necessary to conduct a house tohouse, person to person canvass withcompletion of registration forms at thehousehold. Persons may be required toattend a registration center in their locali-ty in order to have their names includedin a register. A register may be generatedfrom existing records such as census regi-stration or other national registry details.

Large scale emigration and internalmigration can cause significant populati-on shifts between elections. The difficultyof identifying and registering large num-bers of voters who have moved is a sub-stantial technical undertaking. Votershave to be crossed off lists according totheir previous residence and added to listsin their new place of residence.

Safeguards should exist to avoid multi-ple registration. If the voters receive spe-cial voter cards, there must be adequatesecurity to avoid duplication or counter-feiting of the cards.

Any system where special certificatescan be issued on election day to enableeligible voters whose names do not appe-ar on the voter register certainly broadensthe possibility of voters to cast their bal-lot. But this is also a system that can beopen to abuse. On such occasions whencertificates are used, observers should askvoters where they were issued and whoissued them. To avoid multiple voting,voters can also have their identificationcertificates stamped, particularly if thereis no voter register.

[Note. In some instances, a formal voter regis-ter may not exist, and voting may be allowedon the basis of a citizens’ register. In such

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tings, and when there are recorded minu-tes of each meeting.

Various ministries, other central publicadministration bodies, prefects or othergovernment representatives at districtlevel, local council mayors and town hallstaff may be directed to support theNational Election Administration by car-rying out the administrative and logisticoperations of preparing for and conduc-ting the elections. They may have respon-sibility for preparing and distributing theelectoral registers, the ballot papers, bal-lot boxes, polling booths, official stampsand all the other required material, as wellas determining the arrangements for stor-age, distribution and security. Observersshould be informed of the role of all rele-vant ministries and local authorities inorganising the election process.

Human resourcesAdequate human resources, and speciali-sed skills, are required to implement anelection. Observers should note whatinstructions have been issued to electionofficers, and if electoral officers havereceived sufficient training and are famili-ar with the tasks to be carried out on elec-tion day.

Long-term observers should assesswhether election commission membersreceive standardised training at all levelsof the election administration. Such trai-ning should also be available to membersof commissions appointed by politicalparties. LTOs should observe training ses-sions for election officials whenever pos-sible.

Material resourcesThe independence of the election admi-nistration body is further guaranteed by atransparent, sufficient and independentbudget provided from government resour-ces. The observers should establish whet-her the election administration has arealistic understanding of the materialrequirements for an efficient process:– Will there be a sufficient number of

suitable and adequate polling stationfacilities?

– Will sufficient polling station equip-ment be procured for a smooth process(number of ballot papers, secure andadequate ballot boxes, number of ade-quate polling booths)?

– Will the computer capacity (whenapplicable) be sufficient to service theelection process?

Voter informationStates must take effective measures toensure that all persons entitled to vote areable to exercise that right. Voter informa-tion is one necessary measure to ensurethe effective exercise of the right to voteby an informed community. Observersshould assess the extent and effectivenessof voter information (also referred to asvoter education). Sufficient voter infor-mation needs to be distributed to ensurethat participants in the electoral processare fully informed of their rights andresponsibilities as voters. Such efforts willfocus on the particular election andshould inform voters of when, how, andwhere to vote. It is therefore essential thatthis information is provided in a timelymanner, allowing voters sufficient time tomake use of the information.

It is ultimately the responsibility of thegovernment and the election authoritiesto ensure that the voters receive objectiveand impartial information. This informati-on should be made available to all eligiblevoters, including traditionally disenfranc-hised segments of the population (e.g.minorities).

Voter information must be distinguis-hed from civic education which is a long-er term process of educating citizens inthe fundamentals of democratic societyand civic responsibility. This undertakinggoes beyond the task of the governmentand the election administration in thecontext of a given election.

Problems that can arise: Informationabout the election process may be recei-ved too late, information issued by thegovernment could be biased e.g. "infor-mation bulletins" showing a ballotpaper filled in favour of a contestant,

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The coordinator and LTOs shoulddetermine who printed the ballots andwhere and how they were stored and distri-buted to the different regions, and at whattime this was done prior to the elections.Where envelopes are used to authenticate avote, similar observation should be carriedout to ensure their security etc.

Problems that may arise: In multiling-ual societies, observers should notewhether the election administration hasmade an effort to facilitate voting forthose citizens who may not speak thelanguage of the majority. In societieswith problems of illiteracy observersshould note if due consideration isreflected in ballot design.

Special voting provisionsIn cases where voting is permitted bymobile ballot boxes and absentee voting,or in military barracks, prisons and hospi-tals, such special voting proceduresshould be closely observed.

Mobile ballot boxes and absentee votingProviding mobile ballot boxes and absen-tee voting broadens the participation ofthe electorate. However, these are provisi-ons that can be open to abuse. Observersshould closely observe and understandsuch provisions i.e. to which constituen-cies will absentee ballots be allocated to.

Voting in military barracks, prisons andhospitalsIn such cases where voting is permitted inmilitary barracks, prisons and hospitals,the process can be open to abuse potenti-ally undermining the principles of secrecyand freedom of choice. Relevant questi-ons for the observer include:– Will sufficient campaign materials be

provided to these voters in order forthem to make an informed choice?

– Are special voter registration arrange-ments provided? Is absentee votingpermitted? How are double registrati-on and multiple voting prevented?

– Will there be adequate practical arran-

gements provided in these voting sitesor will these segments of the electora-te vote with the general public?

– Will there be adequate provisions forthese voters to vote by secret ballotand free from intimidation?

– Is absentee voting permitted? Inwhich constituencies will votes becounted?

Tabulation, aggregation andverification processIt is paramount that the electors haveconfidence in the counting process in linewith the principles of fairness and trans-parency. Before an election, the NationalElection Administration should explainthe counting, reporting and transportati-on process for the electorate, parties andthe media. They should describe the pro-cess openly, assuring the transparency ofthe system, and give preliminary resultsaccording to a specific schedule.Observers should assess this process, andensure that it is conceived in a transpa-rent manner.

The counting process should be trans-parent and easily verifiable. Candidates’proxies or agents, domestic and internati-onal observers and the media should havethe right to observe the whole countingprocess including, where applicable, thetabulation of votes.

Candidate proxies or agents, domesticand international observers and themedia should all have the right to receivecopies of the official results of each pol-ling station ("protocols") which shouldalso be made available to the generalpublic by posting in a public place.

The process of aggregating resultsshould be open to inspection, from pol-ling station level to regional authoritiesand/or to the National ElectionAdministration, and documented inrelevant laws. Transportation of the bal-lots should be transparent and secure. Ifauthorities transmit the results by com-puter, then observers should have accessto the process and be allowed to moni-tor it.


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cases, the citizens’ register should be equallywell maintained and accessible. In exceptionalcases there may be no formal registration, withvoters being required to establish their identityand eligibility at the polling station on pollingday. In these cases, special arrangementsshould be considered, such as the use of inde-lible ink, to guard against multiple voting.]

Registration of candidates andpolitical partiesInternational human rights law explicitlyproclaims the right of citizens to equalaccess to public office. They may seekoffice individually or as representatives ofpolitical parties or organizations, withoutdiscrimination. Any arbitrary or discrimi-natory application of the law for the pur-pose of damaging specific political forces,undermines respect for human rights.

The same general principles underly-ing the right to vote apply for the right tobe a candidate. All political forces andmovements should therefore be able tonominate candidates on equal terms, andnot be limited for reasons of race, gender,language, religion, political or other opi-nion, ethnic or national origin, or econo-mic status.

Reasonable restrictions for personswishing to become candidates must notunjustly discriminate, and may include aresidency requirement in the country for acertain period of time before the electi-ons, or having reached a higher age thanthe minimum voting age. The registrationrequirements should be clear, predictableand non-discriminatory. A right of appealmust exist in the case of refusal of regi-stration to a party or candidate.

Problems that can arise: undue suspen-sion of parties or candidates, and incon-sistent application of the law withrespect to the registration of candidates;provisions in the election law that havethe effect of discriminating againstgroups; potentially discriminatorydemands such as excessive deposits oran unreasonable number of names onregistration petitions.

Election boundariesWithin the framework of each state’s elec-toral system, the vote of one electorshould be equal to the vote of another. Tosupport the principle of equality, the dra-wing of electoral boundaries should notdistort the distribution of voters or discri-minate against any group and should notexclude or restrict unreasonably the rightof citizens to choose their representativesfreely. Equality in representation meansthat each elected member represents asimilar number of registered electors. Forexample, in a majority voting system, thesize of the electorate should not vary bymore than approximately 10% from con-stituency to constituency. Under the pro-portional representation system the size ofthe electorate may vary but the number ofrepresentatives for each district should beproportional to the size of the electorate.

The election law should provide detai-led and uniform criteria for the drawing ofelectoral district lines, specifying conside-rations such as the number of votingpopulation per district and natural andhistorical continuity of boundaries. Theboundaries must be drawn in a transpa-rent and unbiased manner, and ideally bya non-partisan commission of expertsassigned for this purpose.

Ballot design and securityNational authorities should take positivemeasures to overcome specific difficultiessuch as illiteracy and language barrierswhich prevent persons entitled to votefrom exercising their right effectively. Thecomplexity or simplicity of the ballotdirectly affects the efficiency of the votingprocess. The ballots should be easy to fillout for the voter. Specific methods suchas photographs and symbols should beadopted to ensure that illiterate votershave adequate information on which tobase their choice.

In order to safeguard the ballot, eachballot should bear an official stamp speci-fic to the polling station and/or the signa-ture of an authorized person/s in the pol-ling station.

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enough time for the contestants to conveytheir policies to the electorate. The rightto freedom of expression, association andassembly, if not previously secured on apermanent basis, must be ensured in suf-ficient time to allow effective politicalorganization and campaigning.

Problems that can arise: Rules on cam-paign financing which obstruct efficientcampaigning.

Media coverageThe international obligations presupposefreedom of expression including accessfor the media to information and freedomto independently report on matters ofpublic interest. The very basis of demo-cratic governance require that the electo-rate be able to make informed choices.This demands that all contesting points ofview be fairly and equitably communica-ted on a non-discriminatory basis, parti-cularly in the media financed from publicfunds. State sponsored broadcasters carrya special responsibility for providingbalanced coverage of the election cam-paign.

In this respect, government regulationof the media is of crucial importance to ameaningful election campaign. While lar-ger and better financed parties and candi-dates may be able to purchase media timeor space, an equitable formula should bereached to permit all contestants reaso-nable access to public print and electronicmedia.

However, editorial coverage is alsoimportant to an election campaign, andwhether or not editors cover the cam-paign from an independent perspectivecovering all issues and events should benoted. Additionally, while the incumbentwill get media coverage concerning stateaffairs, campaign events should not beconfused with issues of state. This shouldbe taken into account when evaluatingthe media by its degree of independencein informing the electorate about the can-didates and issues.

The media should be assured by the

government of: (1) the right to gather andreport objective information without inti-midation; and (2) no arbitrary or discrimi-natory obstruction or censorship of cam-paign messages.

While long-term observers should payattention to the media, it may be necessa-ry to cooperate with specialized agenciesin order to have a precise and scientificanalysis of the media.

Problems that can arise: defamation ofcandidates by state-owned media;exclusion of particular parties or candi-dates from state owned media coverageor coverage only at times of low penetra-tion; intimidation or harassment ofmedia in the context of the elections;manipulation of paper and ink supplies;interference with distribution networksfor printed media.

Security forcesThroughout the campaign and voting pro-cess, security forces have a duty both toprevent intimidation of voters and candi-dates by others, and not to propagate inti-midation themselves. Intimidation canhave an insidious effect on candidatesand voters alike, particularly when perpe-trated by security forces. While intimidati-on may be difficult to quantify, widespre-ad trends in intimidation, particularly bysecurity forces, become readily apparent.

8. Election phase observation targets

Short-term observers (STOs) normallyarrive shortly before election day, and aredeployed to provide a broad presencethroughout the country on election day.The main observation targets of the elec-tion phase are: the closing days of thecampaign, the voting and the vote countwhich will be elaborated on below. Inorder to facilitate effective observation bySTOs in the election phase there are threepractical issues that must be addressed:


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Complaints and review processThe electoral process must be in accor-dance with law and in order to secure therule of law there must be access to judici-al review. The right to appeal to an inde-pendent, impartial national legal bodymust be ensured for all involved parties inthe electoral process. A complaints proce-dure should be established as a reviewmechanism which can serve as the finalarbiter of disputes.

Observers should pay particular atten-tion to the selection and composition ofthe review authority, its terms of tenureand its institutional autonomy, as the inte-grity of the election process can only beupheld if the review mechanism is inde-pendent and impartial.

Complaints concerning the electionprocess that are submitted by candidatesor voters alike, must be dealt with equita-bly and according to due process of law.Procedures and deadlines should be cle-arly enumerated in the election code.There must also be accessible and ade-quate facilities for filing complaints withthe judicial authorities nominated for thispurpose by the electoral law.

Response should be in a timely man-ner, and all rulings should be recordedand made public. The complaints that areregistered during the electoral process canserve as indicators of issues that shouldbe further investigated by the LTOs.

Problems that can arise: "shelving" ofcomplaints until after the elections, fai-lure of a representative of the NationalElection Administration to turn up atthe court hearing, lack of transparencyin the rules of procedure, or insufficientand misleading information given topotential applicants.

The political campaignThis and the next three observation targetsrelate to the election campaign. The freecommunication of information and ideasabout public and political issues is essenti-al to the freedom of choice. The right topolitical participation presupposes that

political campaigning is conducted in anenvironment that assures freedom ofexpression, assembly, and association.

Candidates must have the freedom toconvey their programs to the voters wit-hout disruption of campaign meetings,and without geographic infringementimposed by government through "no-goareas". There must be a well defined pro-cess for ensuring the issuing of permits forconducting public rallies, political mee-tings and fund raising activities. Theremust be judicial recourse in the case ofunreasonable delays in granting suchrequests.

The observers should note the availa-bility of venues for rallies, access of allcandidates and parties to places and audi-ences of their choice, distribution of cam-paign materials, and the effective freedomof assembly, association and expressionfor all competing political forces.Particular attention should be paid to theuse of intimidation or violence to inhibitcampaigning.

Campaign resourcesAn effective campaign needs sufficientfinancing. Campaign costs can includesalaries, transportation, office expenses,the purchase of print and electronicmedia, and the printing and distributionof campaign materials. While it is under-stood that elections do not always takeplace on a completely level playing field,reasonable limitations on campaignexpenditure could be introduced to avoiddisproportionate expenditure on behalf ofany candidate or party. Expenditures inregard to campaigning may be regulatedby the election law or separate legislationdealing with public financing if campaignfunds are to be provided by the state.

It is the responsibility of the govern-ment not to abuse state resources, bothhuman and material (i.e. vehicles, officespace and telecommunications), in sup-port of its own candidates.

Time is also an important resource fora meaningful election campaign. Theduration of the campaign must provide


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Closing days of the campaignSTOs are on occasions in the country intime to observe the closing days of thecampaign.Pre-election questions should include:– Is the campaign dynamic and are all

sectors of the electorate participatingactively?

– Is there an atmosphere of open debateand free discussion among the electo-rate, or an atmosphere of reserve andfear?

– Is there much physical evidence of thecampaign such as campaign postersand campaign literature?

– Do such campaign materials representa wide or narrow array of competingcandidates/parties?

– Have civic education efforts beenmade and how well do citizens appearto be prepared and motivated?

– Do members of all social sectors appe-ar equally motivated?

– Does the media coverage of the cam-paign appear to be balanced or weigh-ted in favor of certain parties/candida-tes?

Observers should be encouraged to obser-ve campaign meetings and rallies on siteand through media reporting. In referenceto the code of conduct, observers may notspeak at campaign events or make anypublic comments. Observers should notdisplay any partisan symbols or banners.Observers must always carry their officialaccreditation.

The votingThe basic aim of observing the electionsat the polling station level is to verifywhether voting and counting is imple-mented in an orderly manner and inaccordance with the electoral procedures.At the close of the polls, observers shouldbe present to ascertain that the procedu-res for closing and counting are followed.

Customarily, observers arrive at a pol-ling station prior to the official opening toobserve the opening procedures. This willallow observers to examine ballot boxes

before they are sealed, and to see if pol-ling is beginning on schedule. Observersshould always introduce themselves tothe official in charge on their arrival at apolling station.

Observers should be aware of any unu-sual tension that exists upon entering thepolling station. It may be those first fewminutes that are crucial for an immediateand impression of the situation in a pol-ling station. On the other hand, it couldtake some time to assess the situation,and observers should plan on spending atleast thirty minutes in each polling stationvisited.

When arriving at the polling station,the observer’s accreditation should beshown to the Chairman of the PollingStation Commission and an effort shouldbe made to ensure that the purpose of themission is well understood by the offici-als.

Observers should refrain from givingadvice. If asked to comment on relevantissues, a rule of thumb is always to coun-ter with questions referring to the electo-ral law and rules and regulations. It is inthis way possible to indirectly draw pro-blems to the attention of local officials.If there are concerns about serious irregu-larities in a particular polling station,observers may wish to spend more timethere to see if problems are addressed, orconsider returning later in the day. Insuch circumstances it may be useful tostate an intention to return. In the eventof serious irregularities, observers shouldbring them to the attention of a long-termobserver or mission headquarter whichwill advice on further contact with asuperior election commission.

Observers should recognize that somemistakes made by election officials maybe because of inexperience rather thandue to any deliberate intention to com-promise the integrity of the process.However, observers should pay attentionas to how irregularities are addressed, andparticular attention to recurring patternsof irregularities. Such irregularities shouldbe noted down in the checklists which,when aggregated from numerous polling


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the briefing, checklist/s and deploymentplan.

Briefing: It is particularly importantthat the observer is well informed aboutthe electoral process. The observer needsto be informed on the procedural andlegal aspects of the election, in addition tothe political and social context withinwhich the election is being organised.Prior to deployment the coordinator willorganize a briefing which should coverthe following issues:– overview of the coordinating IGO and

its work in the field of election moni-toring;

– review codes of conduct and methodo-logy of an observation as outlined inthis chapter or in a handbook specificto the coordinating IGO;

– explain the method and specific issuesof the particular observation;

– assess the pre-election period based onthe long-term observation;

– assess the political / social climateprior to the election;

– assess the conditions for a free andindependent functioning of the media;

– assess the election law and its practicalimplementation;

– explain the polling and counting pro-cedures;

– explain the design and use of the chec-klists;

– present deployment plan and teamassignment (only accredited observersshould be present);

– review security issues;– explain how to respond to press enquiries.

Information to be provided will include atranslated copy of the national electionlaw and relevant regulations if not obtai-ned prior to arrival, general logisticalinformation and emergency contact num-bers, a map of the country delineatingconstituencies and checklists for pollingand for the count.Checklists: The main method of analysisfor an election observer mission is bothqualitative, based on data collected bymission headquarter and long-term obser-vers, and quantitative where data collec-

ted by STOs play a primary role. For sta-tistical analysis, observers will be asked tofill in standard forms to be adapted asrequired on a country-by-country basis(see model election day checklist inAnnex 2). Completing the forms in pol-ling stations provides a basis of analysis ofelection day and serves as an aidememoire for the observers.

Although a quantitative analysis maynot always be possible given that the totalnumber of polling stations visited may betoo limited, checklists do ensure that allaspects of the election day process are fol-lowed and reported. A quantitative analy-sis may be possible whenever the basis ofanalysis is drawn from at least 5OO pol-ling station forms from a representativesample of the polling stations within thecountry.

Deployment plan: The Coordinatorshould offer a consensual deploymentplan, developed in consultation withother international observer groups.There may also be consultation withdomestic monitoring groups. The deploy-ment plan is intended to avoid duplicati-on of observer efforts, and to ensure thatteams of observers cover a representativesample of the country on election day.The deployment plan should ensure abalanced sample, covering both urban,rural, and socially diverse areas. Thedeployment plan should also ensure thatsome observers are designated to visitregional and central election commissi-ons. In instances where polling is con-ducted in military barracks, prisons orhospitals, the deployment plan shouldalso ensure coverage of these specialvoting sites.

Observers should be deployed inteams of two persons. Depending on geo-graphy and on what they find at pollingstations, a team of observers may visit bet-ween 10-20 polling stations during theday. Observers should be reminded thatelection observation is not a race to visitthe greatest number of polling stations,and sometimes it can be equally benefici-al to visit fewer polling stations for a long-er period of time.


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observers should be in confidence andwith discretion, beyond the sight of theelection authorities if necessary.

Polling station observationsObservers should note the followingobservations and record them in thedesignated checklist as relevant:– Is physical access to the polling station

difficult?– Are there indications of disorganization

such as unusually long lines of people?– Is there any sign of partisan campaign

materials or campaign activity in thepolling station?

– Is there is any attempt to solicit peopleto vote?

– Are there police, security forces orgovernment officials in the polling sta-tions?

– Are there other persons in the pollingstation with no apparent official func-tion?

– Do polling station officials seem welltrained and free to talk about theirduties?

– How are voters identified?– Does the voter register appear to be

accurate?– How are voters processed e.g. by cros-

sing names off the electoral register orthe stamping of identity cards? Or, ifno register exists, by the use of inde-lible ink?

– Are there any indications of multiplevoting?

– Is there sufficient balloting materials?– Do large numbers of voters require

assistance with the process?– Is any undue pressure being applied to

voters?– Is the secrecy of a person’s vote gua-

ranteed by the layout of the station?– Are voters being allowed to enter the

voting booth together?– Are handicapped or severely ill people

able to vote, and how is the secrecy oftheir vote maintained if they needassistance?

– Are ballot boxes located in full view ofthe Polling Station Commission andthe observers?

– Is there any intimidation of voters asthey leave the polling station?

– What is the overall impression of thevoting process?

Problems that can arise: restricting theright of eligible voters to cast a ballot,demanding unnecessary forms of identi-fication, incorrectly telling voters theymust vote in another location, tellingpotential voters that they have alreadycast a ballot, family voting, proxy voting(unless specified by law), multiplevoting and ballot stuffing, unscreenedvoting booths, unsealed ballot boxes,campaign materials and political partypropaganda in the polling station, pre-sence of military or security forces(unless accounted for in the electionlaw), failure to check the voter’s identi-ty, unregulated use of mobile ballot box,eligible voters who have not been regis-tered, absence of necessary voting mate-rials, excessive delays in administeringthe polling, intimidation.

Special voting facilitiesThe military voting process should be fol-lowed by some observers, as the militarycan represent a segment of the electoratethat is vulnerable to intimidation. Forexample, troops may be required to votein front of their officers, and in somecases officers may even instruct their tro-ops on how to vote.

In some countries, voting is permittedin hospitals and prisons. Where this is the case, some observers should beassigned to visit these polling sites as well.Hospital patients and prisoners also constitute a segment of the electorate thatmay be particularly vulnerable to inti-midation.

The countAccredited observers are entitled toobserve the count. The count is a crucialstage in the election and must be observedto the end. This provides the opportunityto spot check whether ballots are countedaccurately.


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stations, may support or weaken theassumption of a recurring patterns.

In order to collect relevant informati-on the observer should ask questions andobserve what is taking place. The questi-ons and observations suggested below,will be reflected as relevant in a countryspecific checklist. The necessary stringen-cy of a checklist for quantitative analysiscan be observed in the attached modelpolling day checklist (Annex 2).

Polling station questionsThere are three groups of persons thatobservers should speak with at the pollingstation. These include the polling stationofficials, voters, and if present domesticobservers (party affiliated, candidate affi-liated, and non-partisan). All informationshould be considered as long as its credi-bility is assured. Observers shouldremember that some persons may try tomanipulate information given to obser-vers for their own purposes, and obser-vers should use their judgment in ascer-taining a balanced judgment of a situati-on. Observers should speak to a cross-section of people from each group where-ver possible.

Polling station officials: Observersshould confirm that all persons workingas election officials or handling ballots areduly appointed members of the pollingcommission. Relevant enquiries toaddress to members of the polling com-mission may include:– How were they selected and prepared

for their election administration duti-es?

– Were any written instructions issued inaddition to the election law and publicregulations?

– How are the duties of the polling com-mission divided to provide for efficientand secure distribution of ballots andprocessing of voters?

– When were the ballots and othervoting materials received and howwere they secured prior to electionday?

– How many ballots were initially recei-ved by the station?

– What is the number of total voters onthe voter list, and how many votershave actually voted (this will give someidea of the turnout trends)?

– Is there a supplemental voter registryfor sick and elderly voters voting athome by mobile ballot box, and if so,is there an unusually high number ofnames on the supplemental list?

– Have any voters been turned awaybecause their name did not appear onthe list or they did not have the appro-priate ID, and how were these pro-blems addressed?

– Did any disturbances, irregularities orcomplaints occur, and how have theybeen addressed?

Voters: Observers should talk to voters tojudge their confidence in the process. Forexample, when perfect conditions for asecret ballot do not exist, an observershould consider whether the voter belie-ves that his or her vote is secret. Werevoters well informed about their choicesand did they know the voting procedu-res?

Domestic observers: The presence ofdomestic observers in the polling stationsis always considered an asset. Domesticobservers include party affiliated obser-vers, candidate representatives or non-partisan civic observers and should bepermitted access to polling stations andall stages of the process.

It is important to note that an interna-tional observer mission will organise itsactivities fully independent of domesticobserver groups. This is necessary to safe-guard the impartiality of both as well astheir separate roles in assessing the elec-toral process. International observersshould note whether domestic observersare present at the polling stations, andwhether they have been restricted or hin-dered in any way from carrying out theirobservation duties. Their comments mayoffer additional insights into the votingenvironment at the polling station and theperformance of the Polling StationCommission.

Discussions with voters and domestic


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of teams specifically assigned for this pur-pose.

Observation of the vote count at eachlevel of the election administration isessential, from the polling station, to regi-onal election commission, and finally tothe National Election Administration.Observers should maintain a presence ateach vote tabulation level, working a shiftsystem or by deployment of teams specifi-cally assigned for this purpose.

In some cases electoral authoritiesmay use computers or e-mail to transmitresults. In order to ensure transparency ofthe tabulation exercise, the monitorsshould have the right to monitor the pro-cess, and if possible to receive copies of aprintout signed and stamped by the rele-vant authority as the information is sent.In special circumstances the observersshould be given access to the computersoftware so that its correctness may beverified.

Problems that can arise: disorderlycounting procedures, ballot stuffing,ballot box switching, arbitrary invalida-tion of ballots cast, loss of ballot boxes,dishonest counting or reporting of theballots, insecure storage of unused bal-lots, inconsistent regulation of invalidballots, inadequate number of countingstaff and supervisors.

9. Immediate post-electionphase activities

DebriefingA debriefing will be organized by theCoordinator of the election observer mis-sion within 24-48 hours following theelection day. The debriefing should provi-de an opportunity for all observers to hearthe Coordinator’s preliminary summaryincluding the result of the statistical ana-lysis, and for all observers to be able tocomplement this picture with their fin-dings during observation of the electionprocess. This process aims to ensure acommon understanding of how the electi-

ons were administered in relation to theinternational standards and the legalframework of the country concerned. Thedebriefing is closed to the press and to thegeneral public.

The input of observers should concen-trate on a factual summary of recurrenttrends and/or particularly concerningsingle events noted during election dayobservation which may be inadequatelyreflected in the preliminary summary.Conclusions are drawn from the collecti-ve findings of observers, and impressionsbased on a limited observation experienceshould be avoided.

The debriefing of the observers can beorganised by teams or in the regions bythe LTOs or in a central location with theattendance of all observers. For thoseobservers who logistically may not be ableto return in time for the debriefing, arran-gements should be made to receivereports by fax or telephone.

Preliminary statementA post-election statement should be issu-ed by the coordinator within 24-48 hoursafter the election. A press conferenceshould be organised in-country to presentthe preliminary statement, normally deli-vered by the Coordinator. The prelimina-ry statements may need final approvalfrom the headquarters of the coordinatingInter-Governmental Organisation beforeit is released.

The statement should be concise (nor-mally 2-4 pages) and reflect the most sig-nificant findings and concerns of the pre-election period as reported by long-termobservers, as well as the election day fin-dings of all observers. The statementshould be factual, to the point, and provi-de an initial assessment of whether theprinciples of international human rightsobligations were upheld and how well theelection law and regulations were imple-mented.

It is important that the findings of theobservation be reflected in a joint state-ment, rather than individual observersgiving their personal comments.


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The first stage in the vote count is mosttransparent if organized in the polling sta-tions. A counting system in which the bal-lots are not counted in the polling stationbut transported to a central countinglocation produces additional problems oftransparency and verification. An obser-ver team should accompany any transpor-tation of ballot boxes.

To enhance the principle of transpa-rency it is encouraged that results arepublished at the first level of counting,normally the polling station level. Theresults should be freely available forrecording. The transparency of the pro-cess is also enhanced when all party andcandidate representatives are given copiesof the result sheets or "protocol". Non-partisan domestic observers should alsobe able to copy the results in the pollingstations.

The tabulation of results should beverifiable and transparent at all levels ofthe election administration. This is appli-ca-ble both in the polling station and asthe results are aggregated at each level ofthe election administration.

The results from particular polling sta-tions can constitute a sample of verifiedresults that can be matched at district orregional level, and later with the overallpublished results. The results from pollingstations can be checked one by oneagainst the official tabulation. This is aprocess that should also be encouragedfor domestic observers and party agents.Findings and results can be documentedwith the assistance of checklist forms andwith copies of the protocols with results.Checklists may include the following:– Is the vote count conducted according

to the prescribed procedure?– Do election officials appear to under-

stand the process?– Is the vote count conducted in a trans-

parent environment, and are adequateand impartial arrangements made fordomestic observers?

– How does the number of registeredvoters recorded as having voted, com-pare with the number of ballots actual-ly cast?

– Are ballots counted in an orderly andsecure manner?

– Are unused ballots secured, cancelled,or destroyed after being counted?

– Are invalid ballots properly identifiedin a uniform manner?

– Are invalid ballots appropriately segre-gated and are they preserved for revi-ew?

– Does the number of invalid ballotsseem inordinately high?

– Are officials making any marks ornotations on certain ballots?

– How are disputes or complaints resol-ved during the count?

– Are the official counting records cor-rectly completed at the end of thecount and signed by all authorizedpersons?

– Is it possible for domestic observersand party observers to obtain copies ofthe official result sheet ("protocol") ofthe count?

– How long does it take the commissionto complete the count and copy downthe results in polling stations and otherlevels of the election administrationthat may be visited?

– Is the transport of protocols, ballotsand voting materials at the completionof the count transparent and secure?

– Are the results transmitted to theappropriate authorities in a transpa-rent and secure manner, and tabulatedaccurately?

– Are preliminary results announcedaccording to a prearranged and publi-cly announced schedule?

Aggregated levels of vote countThe results of the polling station count arenormally transmitted to a regional electi-on commission, where the regional resultsare aggregated and transmitted to thenational level. Observers should makesure that they have fully understood themanner for transporting and calculatingthe results and that the calculation is veri-fiable from the polling station to the nati-onal level. Observers should maintain apresence at each vote tabulation level,working a shift system or by deployment


23

conclusion on the election process accor-ding to two standards: 1) the principlesderived from human rights obligationsand other internationally accepted stan-dards 2) the national legal frameworkgoverning the election process and itsimplementation.

The conclusion must be based on veri-fiable data and be presented in a conciseyet comprehensive manner, and includerecommendations for improvements inthe election process.

While the observation mission’s cumu-lative findings will be reflected in thisreport, the report will ultimately be theresponsibility of and written by theCoordinator. The Report will normallyneed to be reviewed, edited and approvedby the IGO Headquarter before it ispublished. The Report should be distribu-ted to relevant orgsanisations and natio-nal authorities concerned with the electi-ons, and to the observers.

National delegations will often berequired to submit separate reports uponcompleting an assignment. Such reportsshould always be loyal to the aggregatedassessment of the election.The Final Report should include:1. Introduction

a) which countries and organizationssent observersb) the methodology of the observermission

2. Legislative framework (incl. electoralboundaries)

3. National electoral administration4. Voter information5. Voter registration6. Candidate and party registration7. Election campaign (incl. campaign

resources)8. Media coverage9. The voting (incl. ballot design and spe-

cial voting procedures)10. The count11. Aggregation and verification of the

results12. Complaints and review process13. Conclusion14. Recommendations

11. The overall assessment

Assessing the election process requiresreference to both international humanrights obligations and national domesticlaws and regulations governing the electi-on process in the specific country.

An election may not meet the idealstandard as set out in international com-mitments. An election process can alwaysbe subject to imperfections and irregulari-ties. While isolated infractions are seriousand should be noted, a pattern of recur-ring and systematic irregularities mayindicate a serious threat to the integrity ofthe election process. Observers shouldalso be aware that there are instanceswhere the letter of the law is not bre-ached, but the spirit of the law is clearlyviolated.

When assessing an election process, arelative determination must be made as towhether any irregularities materiallyaffected the integrity of the election pro-cess. Poor organization does not necessa-rily indicate manipulation.The principle of freedom can only be ful-filled if the citizens of a country are infor-med about the election process, free tocast their ballot without intimidation, andthus have the freedom to choose effecti-vely their leaders. Ultimately, any electionprocess is a celebration of human rights.It is hoped that election observation, asdetailed in this chapter, is an effective toolin supporting those fundamental humanrights as enshrined in internationalhuman right instruments.

Notes

1 Sections 3-11 of this chapter are merelyslightly modified and edited versions of corres-ponding sections in the OSCE ODIHRElection Observation Handbook (Warsaw1999). The OSCE ODIHR Handbook in itsfirst edition (1996) took as its point of departu-re the Manual for Election Observation (Oslo1994) developed by the Norwegian Institute ofHuman Rights and the Norwegian HelsinkiCommittee.


22

Observers must refrain from making anystatement or individual comments ontheir observations. There are serious risksin the publication of partial or incomple-te conclusions.

The preliminary statement will nor-mally be followed by a final report.Additional post-election findings can sig-nificantly change the overall observationfindings and must then be reflected in thefinal report. If a second statement or finalreport should not be possible, the prelimi-nary statement must reserve itself in termsof possible post-election developments.

Recommendations should be stated ifrelevant. They will normally be presentedand elaborated on in the final reportexcept in cases where there is a secondround of voting; issuing recommendati-ons in the preliminary statement may thenimprove the quality of the second round.

The Coordinator is responsible formaintaining contact with the relevant aut-horities throughout the election process(see section 6). The Coordinator shouldmake special effort to contact relevantnational authorities with regard to boththe preliminary statement and the finalreport in case they would like a separatemeeting to clarify or elaborate on the con-tent of any of these documents.

10. Post-election phaseobservation -targets and activities

Final verificationThe majority of STOs will not remain inthe country until the final verification ofthe results and their public announce-ment. LTOs should remain in place, alongwith the Coordinator, until the announce-ment of the final result.

Official publication of complete resultsby polling station in a set period of timeafter election day enables a detailed veri-fication process and can enhance publicconfidence in the outcome of the election.Any undue delay or discrepancies concer-

ning the aggregation, verification and theannouncement of the final result shouldbe noted.

Problems that can arise: unbalancedsupervision of the aggregation, verifica-tion and final result tabulation; denialof access to this process; denial of accessto authorized persons; failure to publishthe results at district and precinct level;discrepancies between the election dayrecords of the number of ballots cast andthe final results.

Complaints and review processObservers should follow all judicial andother processes regarding complaints filedabout the election process and any pos-sible reviews specifically called for.

The right to appeal to an independent,impartial national legal body must beensured for all parties involved in theelectoral process. A transparent com-plaints procedure should be establishedas a review mechanism which shouldserve as the final arbiter of disputes.

Complaints concerning the electionprocess that are submitted by candidatesor voters alike, must be dealt with equit-tably and according to due process of law.Voters and candidates should have accessto the appropriate documentation thatthey may need in order to present theircase. There must also be accessible andadequate facilities for filing complaintswith the judicial authorities nominatedfor this purpose by the electoral law.

Any response to such complaintsshould be provided in a timely manner,and all rulings should be recorded andmade public.

Final reportThe Final Report should reflect the cumu-lative findings of both LTOs and STOs.The report will be based on the findings ofthe long-term observers, the data collec-ted on the checklist and the observationsreported during the debriefing.

The aim of the report is to arrive at a


25

dum or other electoral process conductedin accordance with paragraph (b).Citizens may participate directly by takingpart in popular assemblies which have thepower to make decisions about local issu-es or about the affairs of a particular com-munity and in bodies established to repre-sent citizens in consultation with govern-ment. Where a mode of direct participati-on by citizens is established, no distincti-on should be made between citizens asregards their participation on the groundsmentioned in article 2, paragraph 1, andno unreasonable restrictions should beimposed.

7. Where citizens participate in the con-duct of public affairs through freely cho-sen representatives, it is implicit in article25 that those representatives do in factexercise governmental power and thatthey are accountable through the electo-ral process for their exercise of thatpower. It is also implicit that the repre-sentatives exercise only those powerswhich are allocated to them in accordan-ce with constitutional provisions.Participation through freely chosen repre-sentatives is exercised through voting pro-cesses which must be established by lawswhich are in accordance with paragraph(b).

8. Citizens also take part in the conduct ofpublic affairs by exerting influencethrough public debate and dialogue withtheir representatives or through theircapacity to organize themselves. This par-ticipation is supported by ensuring free-dom of expression, assembly and associa-tion.

9. Paragraph (b) of article 25 sets out spe-cific provisions dealing with the right ofcitizens to take part in the conduct ofpublic affairs as voters or as candidatesfor election. Genuine periodic electionsin accordance with paragraph (b) areessential to ensure the accountability ofrepresentatives for the exercise of thelegislative or executive powers vested inthem. Such elections must be held at

intervals which are not unduly long andwhich ensure that the authority ofgovernment continues to be based on thefree expression of the will of electors. Therights and obligations provided for inparagraph (b) should be guaranteed bylaw.

10. The right to vote at elections and refe-renda must be established by law and maybe subject only to reasonable restrictions,such as setting a minimum age limit forthe right to vote. It is unreasonable torestrict the right to vote on the ground ofphysical disability or to impose literacy,educational or property requirements.Party membership should not be a condi-tion of eligibility to vote, nor a ground ofdisqualification.

11. States must take effective measures toensure that all persons entitled to vote areable to exercise that right. Where registra-tion of voters is required, it should be faci-litated and obstacles to such registrationshould not be imposed. If residencerequirements apply to registration, theymust be reasonable, and should not beimposed in such a way as to exclude thehomeless from the right to vote. Any abu-sive interference with registration orvoting as well as intimidation or coercionof voters should be prohibited by penallaws and those laws should be strictlyenforced. Voter education and registrati-on campaigns are necessary to ensure theeffective exercise of article 25 rights by aninformed community.

12. Freedom of expression, assembly andassociation are essential conditions forthe effective exercise of the right to voteand must be fully protected. Positive mea-sures should be taken to overcome speci-fic difficulties, such as illiteracy, languagebarriers, poverty or impediments to free-dom of movements which prevent per-sons entitled to vote from exercising theirrights effectively. Information and materi-als about voting should be available inminority languages. Specific methods,such as photographs and symbols, should


24

ANNEX 1:General Comment No. 25Adopted by the UN Human RightsCommittee on 12 July 1996, under arti-cle 40, paragraph 4, of the InternationalCovenant on Civil and Political Rights.

1. Article 25 of the Covenant recognizesand protects the rights of every citizen totake part in the conduct of public affairs,the right to vote and to be elected and theright to have access to public service.Whatever form of constitution or govern-ment is in force, the Covenant requiresStates to adopt such legislative and othermeasures as may be necessary to ensurethat citizens have an effective opportunityto enjoy the rights it protects. Article 25lies at the core of democratic governmentbased on the consent of the people and inconformity with the principles of theCovenant.

2. The rights under article 25 are relatedto, but distinct from, the right of peoplesto self determination. By virtue of therights covered by article 1 (1), peopleshave the right to freely determine theirpolitical status and to enjoy the right tochoose the form of their constitution orgovernment. Article 25 deals with theright of individuals to participate in thoseprocesses which constitute the conduct ofpublic affairs. Those rights, as individualrights, can give rise to claims under thefirst Optional Protocol.

3. In contrast with other rights and free-doms recognized by the Covenant (whichare ensured to all individuals within theterritory and subject to the jurisdiction ofthe State) article 25 protects the rights of"every citizen". State reports should outli-ne the legal provisions which define citi-zenship in the context of the rights pro-tected by article 25. No distinctions arepermitted between citizens in the enjoy-ment of these rights on the grounds ofrace, colour, sex, language, religion, poli-tical or other opinion, national or socialorigin, property, birth or other status.

Distinctions between those who are entit-led to citizenship by birth and those whoacquire it by naturalization may raisequestions of compatibility with article 25.State reports should indicate whether anygroups, such as permanent residents,enjoy these rights on a limited basis, forexample, by having the right to vote inlocal elections or to hold particular publicservice positions.

4. Any conditions which apply to theexercise of the rights protected by article25 should be based on objective andreasonable criteria. For example, it maybe reasonable to require a higher age forelection or appointment to particular offi-ces than for exercising the right to vote,which should be available to every adultcitizen. The exercise of these rights by citi-zens may not be suspended or excludedexcept on grounds which are establishedby law and which are objective and reaso-nable. For example, established mentalincapacity may be a ground for denying aperson the right to vote or to hold office.

5. The conduct of public affairs, referredto in paragraph (a), is a broad conceptwhich relates to the exercise of politicalpower, in particular the exercise of legis-lative, executive and administrativepowers. It covers all aspects of publicadministration, and the formulation andimplementation of policy at international,national, regional and local levels. Theallocation of powers and the means bywhich individual citizens exercise theright to participate in the conduct ofpublic affairs protected by article 25should be established by the constitutionand other laws.

6. Citizens participate directly in the con-duct of public affairs when they exercisepower as members of legislative bodies orby holding executive office. This right ofdirect participation is supported by para-graph (b). Citizens also participate direct-ly in the conduct of public affairs whenthey choose or change their constitutionor decide public issues through a referen-


27

coercion of any kind which may distort orinhibit the free expression of the elector'swill. Voters should be able to form opini-ons independently, free of violence orthreat of violence, compulsion, induce-ment or manipulative interference of anykind. Reasonable limitations on cam-paign expenditure may be justified wherethis is necessary to ensure that the freechoice of voters is not undermined or thedemocratic process distorted by the dis-proportionate expenditure on behalf ofany candidate or party. The results ofgenuine elections should be respectedand implemented.

20. An independent electoral authorityshould be established to supervise theelectoral process and to ensure that it isconducted fairly, impartially and inaccordance with established laws whichare compatible with the Covenant. Statesshould take measures to guarantee therequirement of the secrecy of the voteduring elections including absenteevoting, where such a system exists. Thisimplies that voters should be protectedfrom any form of coercion or compulsionto disclose how they intend to vote orhow they voted, and from any unlawfulor arbitrary interference with the votingprocess. Waiver of these rights is incom-patible with article 25 of the Covenant.The security of ballot boxes must be gua-ranteed and votes should be counted inthe presence of the candidates or theiragents. There should be independentscrutiny of the voting and counting pro-cess and access to judicial review or otherequivalent process so that electors haveconfidence in the security of the ballotand the counting of the votes. Assistanceprovided to the disabled, blind or illitera-te should be independent. Electorsshould be fully informed of these guaran-tees.

21. Although the Covenant does notimpose any particular electoral system,any system operating in a State party mustbe compatible with the rights protected byarticle 25 and must guarantee and give

effect to the free expression of the will ofthe electors. The principle of one person,one vote must apply, and within the fram-ework of each State's electoral system, thevote of one elector should be equal to thevote of another. The drawing of electoralboundaries and the method of allocatingvotes should not distort the distributionof voters or discriminate against anygroup and should not exclude or restrictunreasonably the right of citizens to cho-ose their representatives freely.

22. State reports should indicate whatmeasures they have adopted to guaranteegenuine, free and periodic elections andhow their electoral system or systems gua-rantee and give effect to the free expressi-on of the will of the electors. Reportsshould describe the electoral system andexplain how the different political viewsin the community are represented in elec-ted bodies. Reports should also describethe laws and procedures which ensurethat the right to vote can in fact be freelyexercised by all citizens and indicate howthe secrecy, security and validity of thevoting process are guaranteed by law. Thepractical implementation of these guaran-tees in the period covered by the reportshould be explained.

23. Subparagraph (c) of article 25 dealswith the right and the opportunity of citi-zens to have access on general terms ofequality to public service positions. Toensure access on general terms of equali-ty, the criteria and processes for appoint-ment, promotion, suspension and dismis-sal must be objective and reasonable.Affirmative measures may be taken inappropriate cases to ensure that there isequal access to public service for all citi-zens. Basing access to public service onequal opportunity and general principlesof merit, and providing secure tenure,ensure that persons holding public servicepositions are free from political interfe-rence or pressures. It is of particularimportance to ensure that persons do notsuffer discrimination in the exercise oftheir rights under article 25, subparagraph


26

be adopted to ensure that illiterate votershave adequate information on which tobase their choice. States parties shouldindicate in their reports the manner inwhich the difficulties highlighted in thisparagraph are dealt with.

13. State reports should describe the rulesgoverning the right to vote, and the appli-cation of those rules in the period coveredby the report. State reports should alsodescribe factors which impede citizensfrom exercising the right to vote and thepositive measures which have been adop-ted to overcome these factors.

14. In their reports, States parties shouldindicate and explain the legislative provi-sions which would deprive citizens oftheir right to vote. The grounds for suchdeprivation should be objective andreasonable. If conviction for an offence isa basis for suspending the right to vote,the period of such suspension should beproportionate to the offence and the sen-tence. Persons who are deprived of liber-ty but who have not been convictedshould not be excluded from exercisingthe right to vote.

15. The effective implementation of theright and the opportunity to stand forelective office ensures that persons entit-led to vote have a free choice of candida-tes. Any restrictions on the right to standfor election, such as minimum age, mustbe justifiable on objective and reasonablecriteria. Persons who are otherwise eli-gible to stand for election should not beexcluded by unreasonable or discrimina-tory requirements such as education, resi-dence or descent, or by reason of politicalaffiliation. No person should suffer discri-mination or disadvantage of any kindbecause of that person's candidacy. Statesparties should indicate and explain thelegislative provisions which exclude anygroup or category of persons from electiveoffice.

16. Condition relating to nominationdates, fees or deposits should be reaso-

nable and not discriminatory. If there arereasonable grounds for regarding certainelective offices as incompatible with tenu-re of specific positions, (e.g., the judiciary,high-ranking military office, public ser-vice), measures to avoid any conflicts ofinterest should not unduly limit the rightsprotected by paragraph (b). The groundsfor the removal of elected office holdersshould be established by laws based onobjective and reasonable criteria andincorporating fair procedures.

17. The right of persons to stand for elec-tion should not be limited unreasonablyby requiring candidates to be members ofparties or of specific parties. If a candida-te is required to have a minimum numberof supporters for nomination this require-ment should be reasonable and not act asa barrier to candidacy. Without prejudiceto paragraph (1) of article 5 of theCovenant, political opinion may not beused as a ground to deprive any person ofthe right to stand for election.

18. State reports should describe the legalprovisions which establish the conditionsfor holding elective public office, and anylimitations and qualifications which applyto particular offices. Reports should des-cribe conditions for nomination, e.g. agelimits, and any other qualifications orrestrictions. State reports should indicatewhether there are restrictions which pre-clude persons in public-service positions(including positions in the police orarmed services) from being elected to par-ticular public offices. The legal groundsand procedures for the removal of electedoffice holders should be described.

19. In conformity with paragraph (b),elections must be conducted fairly andfreely on a periodic basis within a fram-ework of laws guaranteeing the effectiveexercise of voting rights. Persons entitledto vote must be free to vote for any candi-date for election and for or against anyproposal submitted to referendum or ple-biscite, and free to support or to opposegovernment, without undue influence or


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ANNEX 2:


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(c), on any of the grounds set out in arti-cle 2, paragraph 1.

24. States reports should describe theconditions for access to public servicepositions, any restrictions which applyand the processes for appointment, pro-motion, suspension and dismissal onremoval from office as well as the judicialor other review mechanisms which applyto these processes. Reports should alsoindicate how the requirement for equalaccess is met, and whether affirmativemeasures have been introduced and, if so,to what extent.

25. In order to ensure the full enjoymentof rights protected by article 25, the freecommunication of information and ideasabout public and political issues betweencitizens, candidates and elected represen-tatives is essential. This implies a freepress and other media able to commenton public issues without censorship orrestraint and to inform public opinion. Itrequires the full enjoyment and respectfor the rights guaranteed in articles 19, 21and 22 of the Covenant, including free-dom to engage in political activity indivi-dually or through political parties andother organizations, freedom to debatepublic affairs, to hold peaceful demon-strations and meetings, to criticize andoppose, to publish political material, tocampaign for election and to advertisepolitical ideas.

26. The right to freedom of association,including the right to form and join organizations and associations concernedwith political and public affairs, is anessential adjunct to the rights protectedby article 25. Political parties and membership in parties play a significantrole in the conduct of public affairs and the election process. States shouldensure that, in their internal management,political parties respect the applicableprovisions of article 25 in order to enablecitizens to exercise their rights there-under.

27. Having regard to the provisions ofarticle 5, paragraph 1, of the Covenant,any rights recognized and protected byarticle 25 may not be interpreted as imply-ing a right to act or as validating any actaimed at the destruction or limitation ofthe rights and freedoms protected by theCovenant to a greater extent than what isprovided for in the present Covenant.


Model Election day Checklist

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Kristin Høgdahl is Project Director of the Norwegian Resource Bank for Democracyand Human Rights (NORDEM) based at the Norwegian Institute of Human Rights(NIHR). She is a political scientist, co-author of the Manual for Election Observation(Oslo 1994) developed by the NIHR and the Norwegian Helsinki Committee, and edi-tor of the present Manual on Human Rights Monitoring. Høgdahl has taken part invarious election observation missions and has designed and conducted training in elec-tion observation and human rights monitoring since 1996.

The Norwegian Institute of Human Rights aims to contribute to the realisation ofinternationally recognised human rights, through research and reporting, teaching,advisory services, information and documentation. The Institute was founded in 1987and is organised as an inter-disciplinary center under the Faculty of Law at theUniversity of Oslo. Since 2001 the Institute has been designated as the NationalInstitution for Human Rights in Norway.

The Norwegian Resource Bank for Democracy and Human Rights – NORDEM –was established at the Norwegian Institute of Human Rights in 1993 with the supportof the Norwegian Ministry of Foreign Affairs. NORDEM aims to accommodate international requests for personnel assistance in subject areas relevant to the promo-tion of human rights. Requests for personnel to human rights field operations are serviced through the NORDEM Stand-by Force which is operated jointly with theNorwegian Refugee Council.

The Manual on Human Rights Monitoring has been developed at the request of theUnited Nations High Commissioner for Human Rights. The Manual is integral to thegeneric training provided to members of the NORDEM Stand-by Force when preparingthem for human rights field operations. This is a revised edition (2001) of the Manualwhich was first published in 1997. The new edition includes two new chapters (5 and11), two rewritten chapters (1 and 6) and the remaining chapters are updated accordingto events and new developments in the field of human rights since 1997.

www.humanrights.uio.no

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