Lesson II – What Makes an Election Credible and Accepted? Electoral Norms and
Standards
Summary of the Lesson:
This lesson describes international electoral standards which contribute to uniformity,
reliability, consistency, accuracy and overall professionalism in elections. Excerpts are
provided from the treaty-based documents, human rights declarations, and agreements which
form the principle basis for electoral standards. The lesson describes how such standards are
used by observers to evaluate the quality of elections and give it credibility. Taking these
standards and structuring them into an assessment framework, the lesson also provides the
learner with a method by which the democratic quality and technical efficiency of a nongovernmental election can be measured.
Warm-Up Questions and Tasks:
1. What do you think the expression ‘free and fair’ means when used to describe elections?
2. You have probably come across or heard of people and groups who travel around the
world to observe and assess elections of other sovereign countries. How do you think
such diverse people and groups come to an agreement about what is acceptable or
credible, let alone free and fair? Even with groups within a single organization it can be
difficult for everyone to agree. How then do you think observers agree in their
assessments of elections?
3. Look at the following election observation reports. Some are of the same organization
observing elections in different countries and others are of different organizations
observing the same election. They all mention certain norms and standards.
ODIHR Observation Report Afghanistan http://www.osce.org/odihr/elections/73723
ODIHR Observation Report USA http://www.osce.org/odihr/elections/usa/14028
EU on South Sudan http://www.eueom.eu/files/pressreleases/english/final-report-eueomreferendum-south-sudan-2011_en.pdf
The Carter Center on South Sudan
http://cartercenter.org/resources/pdfs/news/peace_publications/election_reports/FinalRep
ort-Sudan-2011-Self-Determination-Referendum.pdf
The National Civic Forum on South Sudan Referendum
http://www.sugde.org/Set/sites/all/modules/document/NCFFINAL%20Election%20Observation%20Report-eng%2010-30.pdf
Recommended Reading:
1
Excerpts from the documents listed below are used throughout the lesson. However, it is
recommended that learners read at least one of these documents in full and browse through
others for a more comprehensive understanding of the topic.
The 1948 Universal Declaration of Human Rights http://www.un.org/en/documents/udhr/
The 1966 International Covenant on Civil and Political Rights
http://www2.ohchr.org/english/law/ccpr.htm
The 1950 European Convention (Protocol I, Article 3) for the Protection of Human Rights and
Fundamental Freedoms http://www.hri.org/docs/ECHR50.html
The 1952 Convention on the Political Rights of Women
http://www1.umn.edu/humanrts/instree/e2cprw.htm
The 1979 Convention on the Elimination of All Forms of Discrimination Against Women
http://www.un.org/womenwatch/daw/cedaw/
The 1990 Charter of Paris for a New Europe: CSCE Summit http://www.osce.org/mc/39516
The 1990 Document of the Copenhagen Meeting of the Conference on the Human Dimension
of the CSCE
The 1948 American Declaration of the Rights and Duties of Man
http://www.cidh.oas.org/Basicos/English/Basic2.American%20Declaration.htm
The 1969 American Convention on Human Rights
http://www.oas.org/juridico/english/treaties/b-32.html
The 1981 African [Banjul] Charter on Human and Peoples' Rights
http://www.africaunion.org/official_documents/treaties_%20conventions_%20protocols/banjul%20charter.pdf
Organization of African Unity’s Declaration on Elections (2002)
http://www.africaunion.org/News_Events/Calendar_of_%20Events/Election%20Democratie/Draft%20AU%20De
claration%20on%20election.pdf
Inter-Parliamentary Union - Declaration on Criteria for Free and Fair Elections (1994)
http://www.ipu.org/cnl-e/154-free.htm
UN Committee on Human Rights, General Comment 25: "The Right to Participate in Public
Affairs, Voting Rights and the Right to Equal Access to Public Service" (1996)
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/d0b7f023e8d6d9898025651e004bc0eb?Opendocum
ent
Handbook for European Union Election Observation
2
http://ec.europa.eu/europeaid/what/humanrights/election_observation_missions/documents/eu_election_observation_handbook_en.pdf
The 1995 Cooperative Identity Statement, Seven Principles of Cooperation by International
Cooperative Alliance www.ica.coop/coop/principles.html
Lesson:
1. Electoral Norms and Standards
Electoral norms and standards are those principles of freeness, fairness, and transparency which
underpin the legitimacy of an election and represent the will of the people.
The following excerpt describes what makes and election true or genuine: “Genuine elections are
an expression of sovereignty, which belongs to the people of a country, the free expression of
whose will provides the basis for the authority and legitimacy of government. The rights of
citizens to vote and to be elected at periodic, genuine democratic elections are internationally
recognized human rights. Genuine democratic elections serve to resolve peacefully the
competition for political power within a country and thus are central to the maintenance of peace
and stability. Where governments are legitimized through genuine democratic elections, the
scope for non-democratic challenges to power is reduced. Genuine democratic elections are a
requisite condition for democratic governance, because they are the vehicle through which the
people of a country freely express their will, on a basis established by law, as to who shall have
the legitimacy to govern in their name and in their interests. Achieving genuine democratic
elections is a part of establishing broader processes and institutions of democratic governance.
Therefore, while all election processes should reflect universal principles for genuine democratic
elections, no election can be separated from the political, cultural and historical context in which
it takes place.
Genuine democratic elections cannot be achieved unless a wide range of other human rights
and fundamental freedoms can be exercised on an ongoing basis without discrimination based
on race, color, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status, including among others disabilities, and without arbitrary and
unreasonable restrictions. They, like other human rights and democracy more broadly, cannot be
achieved without the protection of the rule of law.”1
The human rights and fundamental freedoms referenced above are codified in human rights and
other international instruments and in the documents of numerous intergovernmental
organizations. Achieving true democratic elections has become a matter of concern for
international organizations, as well as of national institutions, political competitors, citizens and
their civic organizations.
In the context of non-governmental elections, aside from keeping the organization in compliance
with legal requirements and organizational principles, election is one of the best ways to gain
member trust. When members are encouraged to participate in the election, the organization is
1
Declaration of Principles for International Election Observation, page 1
3
more likely to operate at full capacity. Open elections convey to members that their input is
valued. In turn, a high response rate indicates that members care about the future of their
organization and are committed to its success.
Following are sections relevant to elections from documents which include the International
Covenant on Civil and Political Rights (ICCPR); Organization of African Unity’s (OAU) 2002
Declaration on Elections; American Convention on Human Rights, Article 23; European
Convention for Protection of Human Rights; and the Copenhagen Document from the
Committee for Security and Cooperation in Europe (CSCE), among others. Collectively, these
documents describe features such as periodic and regular elections; secrecy of the ballot;
universal suffrage; and how the right to vote is documented.2

The 1948 Universal Declaration of Human Rights
Article 20
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.
Article 21
1. Everyone has the right to take part in the government of his country, directly or through freely chosen
representatives.
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will shall be expressed in
periodic and genuine elections which shall be held by universal and equal suffrage and shall be held by
secret ballot or by equivalent free voting procedures.

The 1966 International Covenant on Civil and Political Rights
Article 19
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through anyother media of his choice.
3. The exercise of the rights provided for in the foregoing paragraph carries with it special duties and
responsibilities. It may therefore be subject to certain restrictions, but these shall be such only as are
provided by law and are necessary, (1) for respect of the rights or reputations of others, (2) for the
protection of national security or of public order (ordre public), or of public health or morals.
Article 21
The right of peaceful assembly shall be recognized. No restrictions may placed on the exercise of this
right other than those imposed in conformity with the law and which are necessary in a democratic
society in the interests of national security or public safety, public order (ordre public), the protection
of public health or morals or the protection of the rights and freedoms of others.
Article 22
2
Bjornlund, Eric C., Beyond Free and Fair: Monitoring Elections and Building Democracy, The Johns Hopkins
University Press, Baltimore, MD, 2004, pages 95 and 96
4
1. Everyone shall have the right to freedom of association with others, including the right to form and
join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those prescribed by law and
which are necessary in a democratic society in the interests of national security or public safety, public
order (ordre public), the protection of public health or morals or the protection of the rights and
freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of
the armed forces and of the police in their exercise of this right.
3. Nothing in this article shall authorize States Parties to the International Labor Convention of 1948 on
Freedom of Association and Protection of the Right to organize to take legislative measures which
would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in
the Convention.
Article 25
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in
article 2 and without unreasonable restrictions:
(a) to take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage
and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
(c) to have access, on general terms of equality, to public service in his country.

The 1950 European Convention (Protocol I, Article 3) for
the Protection of Human Rights and Fundamental Freedoms
Article 3
The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot,
under conditions which will ensure the free expression of the opinion of the people in the choice of
the legislature.
• The 1952 Convention on The Political Rights of Women
Article 1
Women shall be entitled to vote in all elections on equal terms with men, without any discrimination.
Article 2
Women shall be eligible for election to all publicly elected bodies, established by national law, on
equal terms with men, without any discrimination.
Article 3
Women shall be entitled to hold public office and to exercise all public functions, established by
national law, on equal terms with men, without any discrimination.
Article 5
(b)
In compliance with the fundamental obligations laid down in article 2 of this Convention,
States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to
guarantee the right of everyone, without distinction as to race, color, or national or ethnic
origin, to equality before the law, notably in the enjoyment of the following rights:
(c )
Political rights, in particular the right to participate in elections -- to vote and to stand for
election -- on the basis of universal and equal suffrage, to take part in the Government as well
as in the conduct of public affairs at any level and to have equal access to public service;
(d)
Other civil rights, in particular:
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(viii) The right to freedom of opinion and expression;
(ix)
•
The right to freedom of peaceful assembly and association.
The 1979 Convention on the Elimination of All Forms of Discrimination Against
Women
Article 7
States Parties shall take all appropriate measures to eliminate discrimination against women in the
political and public life of the country and, in particular, shall ensure, on equal terms with men, the
right:

(a)
To vote in all elections and public referenda and to be eligible for election to all publicly
elected bodies;
(b)
To participate in the formulation of government policy and the implementation thereof and to
hold public office and perform all public functions at all levels of government;
(c )
To participate in non-governmental organizations and associations concerned with the public
and political life of the country.
The 1990 Charter of Paris For a New Europe: CSCE Summit
Democratic government is based on the will of the people, expressed regularly through free and fair
elections. Everyone also has the right : (...) to participate in free and fair elections.

The 1990 document of the Copenhagen meeting of the Conference
on the Human Dimension of the CSCE
(5) [The participating States] solemnly declare that among those elements of justice which are
essential to the full expression of the inherent dignity and of the equal and inalienable rights of all
human beings are the following:
(5.1) free elections that will be held at reasonable intervals by secret ballot or by equivalent free
voting procedure, under conditions which ensure in practice the free expression of the opinion of
the electors in the choice of their representatives; ...
(6) The participating States declare that the will of the people, freely and fairly expressed through
periodic and genuine elections, is the basis of the authority and legitimacy of all government. The
participating States will accordingly respect the right of their citizens to take part in the governing of
their country, either directly or through representatives freely chosen by them through fair electoral
processes. They recognize their responsibility to defend and protect, in accordance with their laws,
their international human rights obligations and their international commitments, the democratic order
freely established through the will of the people against the activities of persons, groups or
organizations that engage in or refuse to renounce terrorism or violence aimed at the overthrow of that
order or that of another participating State.
(7) to ensure that the will of the people serves as the basis of the authority of government, the
participating States will
(7.1) hold free elections at reasonable intervals, as established by law;
(7.2) permit all seats in at least one chamber of the national legislature to be freely contested
in a popular vote;
(7.3) guarantee universal and equal suffrage to adult citizens;
(7.4) ensure that votes are cast by secret ballot or by equivalent free voting procedure, and that
they are counted and reported honestly with the official results made public;
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(7.5) respect the right of citizens to seek political or public office, individually or as
representatives of political parties or organizations, without discrimination;
(7.6) respect the right of individuals and groups to establish, in full freedom, their own
political parties or other political organizations and provide such political parties and
organizations with the necessary legal guarantees to enable them to compete with each other on
a basis of equal treatment before the law and by the authorities;
(7.7) ensure that law and public policy work to permit political campaigning to be conducted
in a fair and free atmosphere in which neither administrative action, violence nor intimidation
bars the parties and the candidates from freely presenting their views and qualifications, or
prevents the voters from learning and discussing them or from casting their vote free of fear of
retribution;
(7.8) provide that no legal or administrative obstacle stands in the way of unimpeded access to
the media on a non-discriminatory basis for all political groupings and individuals wishing to
participate in the electoral process;
(7.9) ensure that the candidates who obtain the necessary number of votes required by the law
are duly installed in office and are permitted to remain in office until their term expires or is
otherwise brought to end in a manner that is regulated by law in conformity with democratic
parliamentary and constitutional procedures.
(8) The participating States consider that the presence of observers, both foreign and domestic, can
enhance the electoral process for States in which elections are taking place. They therefore invite
observers from any other CSCE participating States and any private institutions and organizations
who may wish to do so to observe the course of their national election proceedings, to the extent
permitted by law. The will also endeavor to facilitate similar access for election proceedings held
below the national level. Such observers will undertake not to interfere in the electoral proceedings.

The 1948 American Declaration of the Rights and Duties of Man
Article 20 - Right to Vote and to Participate in Government
Every person having legal capacity is entitled to participate in the government of his country, directly
or through his representatives, and to take part in popular elections, which shall be by secret ballot, and
shall be honest, periodic and free.
Article 21 - Right of Assembly
Every person has the right to assemble peaceably with others in a formal public meeting or an informal
gathering, in connection with matters of common interest of any nature.
Article 22 - Right of Association
Every person has the right to associate with others to promote, exercise and protect his legitimate
interests of a political, economic, religious, social, cultural, professional, labor union or other nature.

The 1969 American Convention on Human Rights
Article 23 Right to Participate in Government
1. Every citizen shall enjoy the following rights and opportunities:
a. to take part in the conduct of public affairs, directly or through freely chosen representatives;
b. to vote and to be elected in genuine periodic elections, which shall be by universal and equal
suffrage and by secret ballot that guarantees the free expression of the will of the voters; and
c. to have access, under general conditions of equality, to the public service of his country.
7
2. The law may regulate the exercise of the rights and opportunities referred to in the preceding
paragraph only on the basis of age, nationality, residence, language, education, civil and mental
capacity, or sentencing by a competent court in criminal proceedings.

The 1981 African [Banjul] Charter on Human and Peoples' Rights
Article 13

1. Every citizen shall have the right to participate freely in the government of his country, either
directly or through freely chosen representatives in accordance with the provisions of the law.
2. Every citizen shall have the right of equal access to the public service of his country.
3. Every individual shall have the right of access to public property and services in strict equality of
all persons before the law.
The concept of ‘free and fair’ appears in a number of these documents to describe elections, and
there has been a vigorous discussion among academics and electoral practitioners about the
meaning and usefulness of such terms. The UN has moved away from the use of ‘free and fair’
in recent years and switched to ‘credible and inclusive’ (as well as other equivalents) instead.
According to Eric Bjornlund, ‘free and fair’ has become a catchphrase of UN officials,
journalists, politicians, and political scientists alike.”3 And, continuing, “The concepts of ‘free’
and ‘fair,’ then, must be clearly defined and distinguished from other preconditions of
democracy. They must also be translated into specific criteria that can be used to evaluate
elections. The electoral process itself must be broken down into its component phases, each of
which corresponds with certain evaluation criteria.”4
Therefore, “Freedom entails the right and the opportunity to choose one thing over
another.…Fairness means impartiality. The opposite of fairness is the unequal treatment of
equals…Thus fairness involves both regularity (the unbiased application of rules) and
reasonableness (the not-too-unequal distribution of relevant resources among competitors).5
As discussed in Lesson I, the electoral process is generally viewed as a cycle and divided into
three general periods: 1) pre-electoral; 2) electoral; and 3) post-electoral period. The “free”
evaluation criteria to be considered in each of these periods include freedoms of movement,
speech, media, association, assembly, and freedom from fear. The “fair” factors include
transparency, equality, and independence of election management bodies, media access, and
political resource regulation. During the electoral period, the freedom refers to the opportunity
to participate; while fairness factors include polling station access, secrecy of the ballot, absence
of intimidation, and polling station integrity. During the post-electoral period, the freedom factor
focuses on electoral justice; while fairness covers the timelines of the count, adjudication of
disputes, and acceptance of outcomes.6

Inter-Parliamentary Union - Declaration on Criteria for Free and Fair Elections
(1994)
3
Elklit, Jørgen and Palle Svensson, What Makes Election Free and Fair?, Journal of Democracy, page 32
Elklit and Svensson, page 35
5
Ibid, page 35
6
Ibid, page 37
4
8
Reaffirming the significance of the Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights which establish that the authority to govern shall be based on
the will of the people as expressed in periodic and genuine elections,
Acknowledging and endorsing the fundamental principles relating to periodic free and fair elections
that have been recognized by States in universal and regional human rights instruments, including the
right of everyone to take part in the government of his or her country directly or indirectly through
freely chosen representatives, to vote in such elections by secret ballot, to have an equal opportunity
to become a candidate for election, and to put forward his or her political views, individually or in
association with others,
Conscious of the fact that each State has the sovereign right, in accordance with the will of its people,
freely to choose and develop its own political, social, economic and cultural systems without
interference by other States in strict conformity with the United Nations Charter,
Wishing to promote the establishment of democratic, pluralist systems of representative government
throughout the world,
Recognizing that the establishment and strengthening of democratic processes and institutions is the
common responsibility of governments, the electorate and organized political forces, that periodic and
genuine elections are a necessary and indispensable element of sustained efforts to protect the rights
and interests of the governed and that, as a matter of practical experience, the right of everyone to
take part in the government of his or her country is a crucial factor in the effective enjoyment by all of
human rights and fundamental freedoms,
Welcoming the expanding role of the United Nations, the Inter-Parliamentary Union, regional
organizations and parliamentary assemblies, and international and national non-governmental
organizations in providing electoral assistance at the request of governments,
Therefore adopts the following Declaration on Free and fair Elections, and urges Governments and
Parliaments throughout the world to be guided by the principles and standards set out therein :
1. Free and Fair Elections
In any State the authority of the government can only derive from the will of the people as expressed
in genuine, free and fair elections held at regular intervals on the basis of universal, equal and secret
suffrage.
2. Voting and Elections Rights
1. Every adult citizen has the right to vote in elections, on a non-discriminatory basis.
2. Every adult citizen has the right to access to an effective, impartial and nondiscriminatory procedure for the registration of voters.
3. No eligible citizen shall be denied the right to vote or disqualified from registration as a
voter, otherwise than in accordance with objectively verifiable criteria prescribed by law,
and provided that such measures are consistent with the State's obligations under
international law.
4. Every individual who is denied the right to vote or to be registered as a voter shall be
entitled to appeal to a jurisdiction competent to review such decisions and to correct
errors promptly and effectively.
5. Every voter has the right to equal and effective access to a polling station in order to
exercise his or her right to vote.
6. Every voter is entitled to exercise his or her right equally with others and to have his or
her vote accorded equivalent weight to that of others.
7. The right to vote in secret is absolute and shall not be restricted in any manner
whatsoever.
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3. Candidature, Party and Campaign Rights and Responsibilities
1. Everyone has the right to take part in the government of their country and shall have an
equal opportunity to become a candidate for election. The criteria for participation in
government shall be determined in accordance with national constitutions and laws and
shall not be inconsistent with the State's international obligations.
2. Everyone has the right to join, or together with others to establish, a political party or
organization for the purpose of competing in an election.
3. Everyone individually and together with others has the right:
 To express political opinions without interference;

To seek, receive and impart information and to make an informed choice;

To move freely within the country in order to campaign for election;

To campaign on an equal basis with other political parties, including the party
forming the existing government.
4. Every candidate for election and every political party shall have an equal opportunity of
access to the media, particularly the mass communications media, in order to put forward
their political views.
5. The right of candidates to security with respect to their lives and property shall be
recognized and protected.
6. Every individual and every political party has the right to the protection of the law and to
a remedy for violation of political and electoral rights.
7. The above rights may only be subject to such restrictions of an exceptional nature which
are in accordance with law and reasonably necessary in a democratic society in the
interests of national security or public order (ordre public), the protection of public health
or morals or the protection of the rights and freedoms of others and provided they are
consistent with States' obligations under international law. Permissible restrictions on
candidature, the creation and activity of political parties and campaign rights shall not be
applied so as to violate the principle of non-discrimination on grounds of race, color, sex,
language, religion, political or other opinion, national or social origin, property, birth or
other status.
8. Every individual or political party whose candidature, party or campaign rights are
denied or restricted shall be entitled to appeal to a jurisdiction competent to review such
decisions and to correct errors promptly and effectively.
9. Candidature, party and campaign rights carry responsibilities to the community. In
particular, no candidate or political party shall engage in violence.
10. Every candidate and political party competing in an election shall respect the rights and
freedoms of others.
11. Every candidate and political party competing in an election shall accept the outcome of a
free and fair election.
4. The Rights and Responsibilities of States
1. States should take the necessary legislative steps and other measures, in accordance with
their constitutional processes, to guarantee the rights and institutional framework for
periodic and genuine, free and fair elections, in accordance with their obligations under
international law. In particular, States should:
 Establish an effective, impartial and non-discriminatory procedure for registration of
voters;

Establish clear criteria for the registration of voters, such as age, citizenship and
residence, and ensure that such provisions are applied without distinction of any kind;
10

Provide for the formation and free functioning of political parties, possibly regulate
the funding of political parties and electoral campaigns, ensure the separation of party
and State, and establish the conditions for competition in legislative elections on an
equitable basis;

Initiate or facilitate national programmes of civic education, to ensure that the
population are familiar with election procedures and issues;

In addition, States should take the necessary policy and institutional steps
to ensure the progressive achievement and consolidation of democratic goals,
including through the establishment of a neutral, impartial or balanced mechanism
for the management of elections. In so doing, they should, among other matters:

Ensure that those responsible for the various aspects of the election are
trained and act impartially, and that coherent voting procedures are established and
made known to the voting public;

Ensure the registration of voters, updating of electoral rolls and balloting
procedures, with the assistance of national and international observers as appropriate;

Encourage parties, candidates and the media to accept and adopt a Code
of Conduct to govern the election campaign and the polling period;

Ensure the integrity of the ballot through appropriate measures to prevent
multiple voting or voting by those not entitled thereto;

Ensure the integrity of the process for counting votes.
2. States shall respect and ensure the human rights of all individuals within their territory
and subject to their jurisdiction. In time of elections, the State and its organs should
therefore ensure:

That freedom of movement, assembly, association and expression are
respected, particularly in the context of political rallies and meetings;

That parties and candidates are free to communicate their views to the
electorate, and that they enjoy equality of access to State and public-service media;

That the necessary steps are taken to guarantee non-partisan coverage in
State and public-service media.
3. In order that elections shall be fair, States should take the necessary measures to ensure
that parties and candidates enjoy reasonable opportunities to present their electoral
platform.
4. States should take all necessary and appropriate measures to ensure that the principle of
the secret ballot is respected, and that voters are able to cast their ballots freely, without
fear or intimidation.
5. Furthermore, State authorities should ensure that the ballot is conducted so as to avoid
fraud or other illegality, that the security and the integrity of the process is maintained,
and that ballot counting is undertaken by trained personnel, subject to monitoring and/or
impartial verification.
6. States should take all necessary and appropriate measures to ensure the transparency of
the entire electoral process including, for example, through the presence of party agents
and duly accredited observers.
7. States should take the necessary measures to ensure that parties, candidates and
supporters enjoy equal security, and that State authorities take the necessary steps to
prevent electoral violence.
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8. States should ensure that violations of human rights and complaints relating to the
electoral process are determined promptly within the timeframe of the electoral process
and effectively by an independent and impartial authority, such as an electoral
commission or the courts.
UN Committee on Human Rights, General Comment 25: "The Right to Participate in Public
Affairs, Voting Rights and the Right to Equal Access to Public Service" (1996)
1.
Article 25 of the Covenant recognizes and protects the right of every citizen to take part in the
conduct of public affairs, the right to vote and to be elected and the right to have access to public
service. Whatever form of constitution or government is in force, the Covenant requires States to
adopt such legislative and other measures as may be necessary to ensure that citizens have an
effective opportunity to enjoy the rights it protects. Article 25 lies at the core of democratic
government based on the consent of the people and in conformity with the principles of the
Covenant.
2.
The rights under article 25 are related to, but distinct from, the right of peoples to selfdetermination. By virtue of the rights covered by article 1 (1), peoples have the right to freely
determine their political status and to enjoy the right to choose the form of their constitution or
government. Article 25 deals with the right of individuals to participate in those processes which
constitute the conduct of public affairs. Those rights, as individual rights, can give rise to claims
under the first Optional Protocol.
3.
In contrast with other rights and freedoms recognized by the Covenant (which are ensured to all
individuals within the territory and subject to the jurisdiction of the State), article 25 protects the
rights of "every citizen". State reports should outline the legal provisions which define citizenship
in the context of the rights protected by article 25. No distinctions are permitted between citizens in
the enjoyment of these rights on the grounds of race, color, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status. Distinctions between those
who are entitled to citizenship by birth and those who acquire it by naturalization may raise
questions of compatibility with article 25. State reports should indicate whether any groups, such as
permanent residents, enjoy these rights on a limited basis, for example, by having the right to vote
in local elections or to hold particular public service positions.
4.
Any conditions which apply to the exercise of the rights protected by article 25 should be based on
objective and reasonable criteria. For example, it may be reasonable to require a higher age for
election or appointment to particular offices than for exercising the right to vote, which should be
available to every adult citizen. The exercise of these rights by citizens may not be suspended or
excluded except on grounds which are established by law and which are objective and reasonable.
For example, established mental incapacity may be a ground for denying a person the right to vote
or to hold office.
5.
The conduct of public affairs, referred to in paragraph (a), is a broad concept which relates to the
exercise of political power, in particular the exercise of legislative, executive and administrative
powers. It covers all aspects of public administration, and the formulation and implementation of
policy at international, national, regional and local levels. The allocation of powers and the means
by which individual citizens exercise the right to participate in the conduct of public affairs
protected by article 25 should be established by the constitution and other laws.
6.
Citizens participate directly in the conduct of public affairs when they exercise power as members
of legislative bodies or by holding executive office. This right of direct participation is supported
by paragraph (b). Citizens also participate directly in the conduct of public affairs when they
choose or change their constitution or decide public issues through a referendum or other electoral
process conducted in accordance with paragraph (b). Citizens may participate directly by taking
12
part in popular assemblies which have the power to make decisions about local issues or about the
affairs of a particular community and in bodies established to represent citizens in consultation
with government. Where a mode of direct participation by citizens is established, no distinction
should be made between citizens as regards their participation on the grounds mentioned in article
2, paragraph 1, and no unreasonable restrictions should be imposed.
7.
Where citizens participate in the conduct of public affairs through freely chosen representatives, it
is implicit in article 25 that those representatives do in fact exercise governmental power and that
they are accountable through the electoral process for heir exercise of that power. It is also implicit
that the representatives exercise only those powers which are allocated to them in accordance with
constitutional provisions. Participation through freely chosen representatives is exercised through
voting processes which must be established by laws that are in accordance with paragraph (b).
8.
Citizens also take part in the conduct of public affairs by exerting influence through public debate
and dialogue with their representatives or through their capacity to organize themselves. This
participation is supported by ensuring freedom of expression, assembly and association.
9.
Paragraph (b) of article 25 sets out specific provisions dealing with the right of citizens to take part
in the conduct of public affairs as voters or as candidates for election. Genuine periodic elections in
accordance with paragraph (b) are essential to ensure the accountability of representatives for the
exercise of the legislative or executive powers vested in them. Such elections must be held at
intervals which are not unduly long and which ensure that the authority of government continues to
be based on the free expression of the will of electors. The rights and obligations provided for in
paragraph (b) should be guaranteed by law.
10.
The right to vote at elections and referenda must be established by law and may be subject only to
reasonable restrictions, such as setting a minimum age limit for the right to vote. It is unreasonable
to restrict the right to vote on the ground of physical disability or to impose literacy, educational or
property requirements. Party membership should not be a condition of eligibility to vote, nor a
ground of disqualification.
11.
States must take effective measures to ensure that all persons entitled to vote are able to exercise
that right. Where registration of voters is required, it should be facilitated and obstacles to such
registration should not be imposed. If residence requirements apply to registration, they must be
reasonable, and should not be imposed in such a way as to exclude the homeless from the right to
vote. Any abusive interference with registration or voting as well as intimidation or coercion of
voters should be prohibited by penal laws and those laws should be strictly enforced. Voter
education and registration campaigns are necessary to ensure the effective exercise of article 25
rights by an informed community.
12.
Freedom of expression, assembly and association are essential conditions for the effective exercise
of the right to vote and must be fully protected. Positive measures should be taken to overcome
specific difficulties, such as illiteracy, language barriers, poverty, or impediments to freedom of
movement which prevent persons entitled to vote from exercising their rights effectively.
Information and materials about voting should be available in minority languages. Specific
methods, such as photographs and symbols, should be adopted to ensure that illiterate voters have
adequate information on which to base their choice. States parties should indicate in their reports
the manner in which the difficulties highlighted in this paragraph are dealt with.
13.
State reports should describe the rules governing the right to vote, and the application of those rules
in the period covered by the report. State reports should also describe factors which impede citizens
from exercising the right to vote and the positive measures which have been adopted to overcome
these factors.
13
14.
In their reports, States parties should indicate and explain the legislative provisions which would
deprive citizens of their right to vote. The grounds for such deprivation should be objective and
reasonable. If conviction for an offence is a basis for suspending the right to vote, the period of
such suspension should be proportionate to the offence and the sentence. Persons who are deprived
of liberty but who have not been convicted should not be excluded from exercising the right to
vote.
15.
The effective implementation of the right and the opportunity to stand for elective office ensures
that persons entitled to vote have a free choice of candidates. Any restrictions on the right to stand
for election, such as minimum age, must be justifiable on objective and reasonable criteria. Persons
who are otherwise eligible to stand for election should not be excluded by unreasonable or
discriminatory requirements such as education, residence or descent, or by reason of political
affiliation. No person should suffer discrimination or disadvantage of any kind because of that
person's candidacy. States parties should indicate and explain the legislative provisions which
exclude any group or category of persons from elective office.
16.
Conditions relating to nomination dates, fees or deposits should be reasonable and not
discriminatory. If there are reasonable grounds for regarding certain elective offices as
incompatible with tenure of specific positions (e.g. the judiciary, high-ranking military office,
public service), measures to avoid any conflicts of interest should not unduly limit the rights
protected by paragraph (b). The grounds for the removal of elected office holders should be
established by laws based on objective and reasonable criteria and incorporating fair procedures.
17.
The right of persons to stand for election should not be limited unreasonably by requiring
candidates to be members of parties or of specific parties. If a candidate is required to have a
minimum number of supporters for nomination this requirement should be reasonable and not act
as a barrier to candidacy. Without prejudice to paragraph (1) of article 5 of the Covenant, political
opinion may not be used as a ground to deprive any person of the right to stand for election.
18.
State reports should describe the legal provisions which establish the conditions for holding elective
public office, and any limitations and qualifications which apply to particular offices. Reports
should describe conditions for nomination, e.g. age limits, and any other qualifications or
restrictions. State reports should indicate whether there are restrictions which preclude persons in
public-service positions (including positions in the police or armed services) from being elected to
particular public offices. The legal grounds and procedures for the removal of elected office
holders should be described.
19.
In conformity with paragraph (b), elections must be conducted fairly and freely on a periodic basis
within a framework of laws guaranteeing the effective exercise of voting rights. Persons entitled to
vote must be free to vote for any candidate for election and for or against any proposal submitted to
referendum or plebiscite, and free to support or to oppose government, without undue influence or
coercion of any kind which may distort or inhibit the free expression of the elector's will. Voters
should be able to form opinions independently, free of violence or threat of violence, compulsion,
inducement or manipulative interference of any kind. Reasonable limitations on campaign
expenditure may be justified where this is necessary to ensure that the free choice of voters is not
undermined or the democratic process distorted by the disproportionate expenditure on behalf of
any candidate or party. The results of genuine elections should be respected and implemented.
20.
An independent electoral authority should be established to supervise the electoral process and to
ensure that it is conducted fairly, impartially and in accordance with established laws which are
compatible with the Covenant. States should take measures to guarantee the requirement of the
secrecy of the vote during elections, including absentee voting, where such a system exists. This
implies that voters should be protected from any form of coercion or compulsion to disclose how
they intend to vote or how they voted, and from any unlawful or arbitrary interference with the
14
voting process. Waiver of these rights is incompatible with article 25 of the Covenant. The security
of ballot boxes must be guaranteed and votes should be counted in the presence of the candidates or
their agents. There should be independent scrutiny of the voting and counting process and access to
judicial review or other equivalent process so that electors have confidence in the security of the
ballot and the counting of the votes. Assistance provided to the disabled, blind or illiterate should
be independent. Electors should be fully informed of these guarantees.
21.
Although the Covenant does not impose any particular electoral system, any system operating in a
State party must be compatible with the rights protected by article 25 and must guarantee and give
effect to the free expression of the will of the electors. The principle of one person, one vote, must
apply, and within the framework of each State's electoral system, the vote of one elector should be
equal to the vote of another. The drawing of electoral boundaries and the method of allocating
votes should not distort the distribution of voters or discriminate against any group and should not
exclude or restrict unreasonably the right of citizens to choose their representatives freely.
22.
State reports should indicate what measures they have adopted to guarantee genuine, free and
periodic elections and how their electoral system or systems guarantee and give effect to the free
expression of the will of the electors. Reports should describe the electoral system and explain how
the different political views in the community are represented in elected bodies. Reports should
also describe the laws and procedures which ensure that the right to vote can in fact be freely
exercised by all citizens and indicate how the secrecy, security and validity of the voting process
are guaranteed by law. The practical implementation of these guarantees in the period covered by
the report should be explained...
2. Electoral Observation Principles
As a general rule, the norms and standards described in this lesson are used by international
observers to evaluate the quality of elections. International election observation is widely
accepted around the world. It is conducted by intergovernmental and international
nongovernmental organizations and associations in order to provide an impartial and accurate
assessment of the nature of election processes for the benefit of the population of the country
where the election is held and for the benefit of the international community. Much therefore
depends on ensuring the integrity of international election observation, and all who are part of
this international election observation mission, including long-term and short-term observers,
members of assessment delegations, specialized observation teams and leaders of the mission.
Similarly, observers, auditors and evaluators external to an organization conducting an election
can use the same norms and standards to evaluate the quality of a non-governmental election. In
their company profile, an organization specializing in conducting elections for various
organizations states that “If the voting process is not done right it can be very damaging to the
election.”7
In his analysis of election observation, Horacio Boneo lists 15 conditional and functional
components to comprise any election evaluation framework. These components are:


7
Existence of an enabling environment;
Legal framework of electoral process;
The Honest Ballot Association www.honestballot.com
15
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Delimitation of constituencies;
Registration of voters;
Registration of political parties, alliances, and candidates;
Impartial complaint procedures during the pre-polling period;
Voter information and education;
Freedom of assembly and movement;
Freedom from fear and intimidation;
Freedom of expression and equitable access to the media;
Funding of campaigns and use of public resources;
Electoral preparations;
Polling;
Vote counting and compilation of results; and
Adequate processing of post-electoral complaints and petitions.8
The EU has put forward its own approach to election observation since its first ad hoc election
observation in the Russian Federation in 1993. In 2000, it issued the European Commission’s
Communication for EU Election Assistance and Observation. “The Communication identified
the main objective of EU election observation:




To strengthen respect for fundamental freedoms and political rights;
To undertake a comprehensive assessment of an election process in accordance with
international standards;
To enhance public confidence in the electoral and democratic processes, including
providing deterrence to fraud; and
To contribute, where relevant, towards the prevention or resolution of conflict.”9
For the EU’s evaluation criteria, “international standards for elections stem from political rights
and fundamental freedoms which are enshrined in universal and regional instruments. These
instruments establish legal and political commitments to meet specific standards in relation to
elections. EU observers assess an election process in terms of compliance with international
standards for elections…These standards relate to the following:
The right and opportunity, without any distinction or unreasonable restrictions, for
citizens to participate in government and public affairs through periodic elections,
genuine elections, universal suffrage, equal suffrage, the right to stand for
election, the right to vote, the right to a secret ballot, the free expression of the
will of voters;
The freedom of expression;
The freedom of association;
The freedom of assembly;
8
Boneo, Horacio, Election Observation: A Critical Analysis, United States Institute of Peace, 2004,
http://www.usip.org/fellows/reports/2004/0527_boneo.html
9
Handbook for European Union Election Observation, Second Edition, European Commission, Brussels, 2008,
page 6
16
The freedom of movement;
The freedom from discrimination; and
The right to an effective legal remedy”10
 Handbook for European Union Election Observation
2.1.1 International Standards
International standards for elections stem from political rights and fundamental
freedoms which are enshrined in universal and regional instruments. These instruments establish
legal and political commitments to meet specific standards in relation to elections. EU observers
assess an election process in terms of compliance
with international standards for elections.
These standards relate to the following:
• the right and opportunity, without any distinction or unreasonable restrictions,
for citizens to participate in government and public affairs through:
– periodic elections,
– genuine elections,
– universal suffrage,
– equal suffrage,
– the right to stand for election,
– the right to vote,
– the right to a secret ballot,
– the free expression of the will of voters;
• the freedom of expression;
• the freedom of association;
• the freedom of assembly
Under another approach, “The model incorporates 11 steps ranging from the initial legal
framework to the closing post-election procedures. It incorporates a number of areas an
Electoral Management Body (EMB) usually has responsibility for: districting; voter education;
registration; the regulation and design of the ballot; polling and counting; along with some
broader areas such as campaign regulation, complaints procedures, and the implementation of
election results.”11 Each step is given several Performance Indicators and recommendations on
how to measure the indicators. More on scoring elections by an organization employing this
system can be found in the exercise following this session.
A Code of Conduct has been developed for international observers - Declaration of Principles
for International Election Observation and the Code of Conduct for International Election
Observers.
These documents were “commemorated” on October 27, 2005 at the UN
headquarters in New York City. The initiative was funded by USAID and jointly managed by
UNEAD, the Carter Center, and NDI. At the commemoration session, 23 IGOs including the
UN Secretariat, international NGOs, and regional NGOs, endorsed the documents.
10
11
Handbook for European Union Election Observation, page 14
Ibid, page 151
17
As the Declaration of Principles states, “International election observation expresses the interest
of the international community in the achievement of democratic elections, as part of democratic
development, including respect for human rights and rule of law. International election
observation, which focuses on civil and political rights, is part of international human rights
monitoring and must be conducted on the basis of the high standards for impartiality concerning
national political competitors and must be free from any bilateral or multilateral considerations
that could conflict with impartiality.”12
The Declaration of Principles affirms the value of elections in choosing governance, defines the
scope of observation activities, imposes standards on the impartiality required of observers,
provides guidelines on establishing international to national channels of communication and
respect, and commits the endorsing organization to follow these principles.
3. Code of Conduct for Observation
Whereas the Declaration of Principles puts forward institutional commitments, the Code of
Conduct requires individual commitments to these Principles. The Code is intended to define
acceptable behavioral and attitudinal actions given the electoral context. The Code requires
respect for sovereignty, human rights, EMBs, and local laws. It admonishes the observer not to
obstruct the electoral process, to provide appropriate identification, to maintain impartiality, to
cooperate with other election observers; and to refrain from making comments to the public or
news media. Observers generally must subscribe to and follow a Code of Conduct. The Code of
Conduct from the Declaration of Principles stresses the respect for the following:
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Sovereignty and International Human Rights
Laws of the Country and the Authority of the Electoral Bodies
Integrity of the International Election Observation Mission
Strict Political Impartiality
No Obstruction of Election Process
Provision of Appropriate Identification (as Observer)
Maintenance of Accuracy of Observation and Professionalism in Drawing Conclusions
Refraining from Making Comments to the Public or the Media before the Mission Speaks
Cooperation with Other Election Observers
Maintenance of Proper Personal Behavior
No Violations of the Code of Conduct
Pledge to Follow the Code of Conduct
4. Standards in Non-Governmental Elections
Non-governmental elections are important to organizations because they connect members to
organization. They represent the best opportunity for members to select leaders that will guide
their organization. They also help members guide the organization by allowing them to ratify or
reject policies or bylaws. No other activity does this as well as elections. Holding an election is
12
Declaration of Principles for International Election Observation, page 1
18
also a best practice for an organization as it reinforces transparency in the governance process
and integrity within an organization.
Non-governmental election administrators can employ international standards described in this
lesson to evaluate the technical efficiency and democratic quality of their election process. In
addition to these international standards, certain international principles apply directly to nongovernmental organizations and the standards for their elections.

Seven Principles of Cooperation by International Cooperative Alliance
Principles of cooperation date to the Rochdale Pioneers consumer cooperative in northern
England in 1844. These principles set standards for cooperative worldwide, but have had minor
adjustment by the International Cooperative Alliance (Geneva).
1st Principle: Voluntary and Open Membership
Co-operatives are voluntary organizations, open to all persons able to use their services and
willing to accept the responsibilities of membership, without gender, social, racial, political or
religious discrimination.
2nd Principle: Democratic Member Control
Co-operatives are democratic organizations controlled by their members, who actively
participate in setting their policies and making decisions. Men and women serving as elected
representatives are accountable to the membership. In primary co-operatives members have
equal voting rights (one member, one vote) and co-operatives at other levels are also organized
in a democratic manner.
3rd Principle: Member Economic Participation
Members contribute equitably to, and democratically control, the capital of their co-operative. At
least part of that capital is usually the common property of the co-operative. Members usually
receive limited compensation, if any, on capital subscribed as a condition of membership.
Members allocate surpluses for any or all of the following purposes: developing their cooperative, possibly by setting up reserves, part of which at least would be indivisible; benefiting
members in proportion to their transactions with the co-operative; and supporting other activities
approved by the membership.
4th Principle: Autonomy and Independence
Co-operatives are autonomous, self-help organizations controlled by their members. If they enter
to agreements with other organizations, including governments, or raise capital from external
sources, they do so on terms that ensure democratic control by their members and maintain their
co-operative autonomy.
5th Principle: Education, Training and Information
Co-operatives provide education and training for their members, elected representatives,
managers, and employees so they can contribute effectively to the development of their cooperatives. They inform the general public - particularly young people and opinion leaders about the nature and benefits of co-operation.
19
6th Principle: Co-operation among Co-operatives
Co-operatives serve their members most effectively and strengthen the co-operative movement
by working together through local, national, regional and international structures.
7th Principle: Concern for Community
Co-operatives work for the sustainable development of their communities through policies
approved by their members.13
Political Scientists Jørgen Elklit and Andrew Reynolds developed the Framework for Studying
Election Quality. This Framework disaggregates an election process into different steps and
performance indicators. The evaluation asks for a measure for each performance indicator to be
made. Each question is answered on a four point scale:
3
2
1
0
Very Good
Good
Not Satisfactory
Poor
The Framework has been adapted to a non-governmental evaluation and shown in the evaluation
sheet below.
Electoral Step
Legal Framework
Step Score
Election
Management
Step Score
Member Election
Education
13
Evaluation Form
Performance Indicator
Legal framework in writing and available to all
members
Legal framework agreed by organization
Legal framework employed in previous
elections
Rating (0-3)
Election administrator viewed as independent
and legitimate by membership
Written and agreed upon authority of election
administrator
Method of appointment of election
administrator
Perceptions of technical competence of election
administrator
Level of knowledge of members of organization
about the candidates, offices, and issues
Effectiveness of media, including new media,
employed for member education
Percentage of invalid ballots due to voter error
www.ica.coop/coop/principles.html
20
Step Score
List of Voters/
Eligible Voting
Members
Completeness, accuracy, and date (are they upto-date) of the entries on the list of voters
Perceptions of competence and independence of
membership list administration
Perceptions of accuracy of member
identification to prevent impersonation or
multiple voting
Technical efficiency of the distribution of
correct membership list to correct polling
stations
Methods for updating membership lists for
electoral purposes
Perceptions of exclusion of voters, especially
certain vulnerable groups (minorities, women,
voters with special needs)
Step Score
Candidacy
Step Score
Campaigning
Step Score
Voting
Step Score
Counting and
tabulating the
ballots
Access in eligibility to contest for office
Financial requirements or petitions
requirements for candidacies
Transparency of method by which campaign
and candidates are financed
Employment of a candidate code of ethics for
campaigning
Competence and authority of election
administrator to enforce campaign regulations
Perceptions of fairness in regulation of
campaigns
Mechanism by which the use of the
organizations resources for campaign can be
identified and tracked
Turnout as a percentage of total membership
Polling stations accessible and secure
Election observers present in the polling
stations. How many?
Perceptions of competence and independence of
poll workers
Level of intimidation or conflict
Ballot counting transparent and accurate
Results available to every member
21
Counting occurred without undue delay
Candidates and their representatives permitted
to observe the count
Step Score
Disputes and
Certification
Competence, authority and independence of
election dispute adjudicator
Disputes resolved without undue delay
Authority and competence of certification
mechanism
Step Score
Total Score
Exercise/Task 1:
Use the evaluation framework from this session to evaluate one of the elections (Afghanistan,
U.S., or South Sudan) described in the observation reports, in the Warm-Up Session at the
beginning of this lesson. You will have an opportunity to use the same framework in your
organization’s election (actual or possible) in Advanced Module.
Exercise/Task 2:
Adjust the following Code of Conduct in a way that could fit an organization.14
I have read and understand the Code of Conduct for International Election Observers that
was provided to me by the international election observation mission. I hereby pledge that I will
follow the Code of Conduct and that all of my activities as an election observer will be
conducted completely in accordance with it. I have no conflicts of interest, political, economic
nor other, that will interfere with my ability to be an impartial election observer and to follow the
Code of Conduct.
I will maintain strict political impartiality at all times. I will make my judgments based on the
highest standards for accuracy of information and impartiality of analysis, distinguishing
subjective
factors from objective evidence, and I will base all of my conclusions on factual and verifiable
evidence.
I will not obstruct the election process. I will respect national laws and the authority of
election officials and will maintain a respectful attitude toward electoral and other national
authorities. I will respect and promote the human rights and fundamental freedoms of the people
of the country. I will maintain proper personal behavior and respect others, including exhibiting
sensitivity for host-country cultures and customs, exercise sound judgment in personal
interactions and observe the highest level of professional conduct at all times, including leisure
time.
14
Code of Conduct Pledge from the Declaration of Principles for the International Election Observation
22
I will protect the integrity of the international election observation mission and will follow the
instructions of the observation mission. I will attend all briefings, trainings and debriefings
required by the election observation mission and will cooperate in the production of its
statements and reports as requested. I will refrain from making personal comments, observations
or conclusions to the news media or the public before the election observation mission makes a
statement, unless specifically instructed otherwise by the observation mission’s leadership.
Name of Observer:____________________________
Signature of Observer:_________________________
Date of Signature:_____________________________
Note: Exercises in this session are designed to help you better understand and retain material in
the session, but there are no correct or wrong answers. Therefore, no answers are available in the
answer key for this session.
Exercise/Task 3: Discussion Topic
For those who want to learn more, you can sign into the course website and click on the thread
[insert link to website/topic page] to comment on this lesson’s topics. You will receive
comments/feedback on your posting from expert panel no later than 30 days after your post is
made. For faster response, you can also email your comment to NGOcourse2012@creative.com
1. Why is voting important to your organization? Comment. Consider the following factors:

Connects members to organization

Helps members guide the organization

A best practice: transparency, integrity, and compliance
23