Reporting on elections E-Book

Collective

• Herausgeber: Council of Europe
• Kategorie: Geisteswissenschaft
• Sprache: Englisch
• Veröffentlichungsjahr: 2016

Seitenzahl: 213

Beschreibung

Elections are a pre-condition for democratic governance since it is through them that the citizens of a country choose freely, and on the basis of the law, the persons that can legitimately govern in their name and in their interest. The right to free elections, as enshrined in the Article 3 of the Protocol to the European Convention on Human Rights, is a “fundamental principle in a truly democratic political regime”. It comprises a series of safeguards and procedures that ensure respect for active and passive electoral rights and the conduct of genuine free and fair elections. Civil society has a distinct role to play since it observes the electoral process and contributes to the development of national electoral procedures through advice and recommendations. The Council of Europe handbook Reporting on elections aims to help observers become more efficient and to produce more effective reports, specifically focusing on the reporting of core team members. At the same time, it also covers the reporting of long- and short-term observers. It deals mainly with final election reports and reports/statements on preliminary findings, while also providing insight into interim reports and ideas for ad hoc reports and press releases, in addition to tips on how to follow up on recommendations.

Leseprobe

REPORTING ON ELECTIONS

Council of Europe handbook for civil society organisations

Council of EuropeFacebook.com/CouncilOfEuropePublications

Foreword

The right to free elections is guaranteed under the European Convention on Human Rights. Of all the democratic safeguards against the abuse of political power, it is one of the most fundamental. The ability of individuals to express their identities and choices peacefully, at the ballot box, is central to stability in any society, and so to Europe’s democratic security too.

The tasks performed by election observers are therefore extremely important. Elections must be prepared with diligence and integrity, and observers must perform their duties in an unbiased and transparent manner. Their presence and professionalism helps ensure the confidence of voters, as well as of the international community. The Council of Europe and our partner organisations therefore strive to assist organisations conducting observations to do so to the highest standards.

This handbook draws on methods for electoral assistance developed by our Organisation over many years. It aims to help observers to become more efficient and to produce reports which are more effective. Our starting point is that, far from watching passively from the sidelines, observers play an active role in developing national electoral procedures through their advice and recommendations. It is therefore vital that mission reports and advice issued to national authorities are easily understood and can be translated into concrete action. There are also a number of important principles to which we believe observers should pay special attention during an election, including the participation of women, young people, national minorities and people with disabilities. 

This new edition will, I believe, provide organisations engaged in these activities with a practical, useable guide, reflecting decades of relevant experience and supporting them in their invaluable work.

Thorbjørn Jagland

Secretary General of the Council of Europe

Acknowledgements

Words of thanks, recognition and appreciation are owed to the following.

The experts of the Working Group on the revision of the Council of Europe Handbook for Civil Society Organisations on “Reporting on Elections” – Ivan Godársky, Marie-Carin von Gumppenberg, Ardita Driza Maurer, Diane Bunyan, Jordi Barrat, Petra Bornhöft, Daniela Diaconu, Nicolae Panfil, Quenteen Reed, Tamar Bartaia, Roman Udot, Vladimir Pran, Dmitry Nurumov for their contributions and ideas.

The Council of Europe network of Civil Society Organisations for elections observation in the countries of Eastern Partnership – Committee of Voters of Ukraine, Civil Network OPORA (Ukraine), Belarus Helsinki Committee, Human Rights Centre Viasna (Belarus), Election Monitoring and Democracy Studies Centre (Azerbaijan), International Society for Fair Elections and Democracy (Georgia), Association Promo-LEX (Moldova), Transparency International Anticorruption Center (Armenia) and Helsinki Citizens’ Assembly – Vanadzor (Armenia) for their professionalism, commitment, creativity and practical examples.

The non-governmental organisation MEMO 98 (Slovakia) for their fruitful co-operation, ideas and input to the chapters related to media coverage of elections.

The team of the Division of Electoral Assistance and Census of the Directorate General for Democracy of the Council of Europe.

The European Commission for their financial assistance through the Programmatic Cooperation Framework 2015-2017.

The Media and Internet Governance Division of the Directorate General of Human Rights and Rule of Law; the Department of Statutory Activities, Congress of Local and Regional Authorities; the Elections and Political Parties Division, Secretariat of the Venice Commission; the Division of Election Observation and Interparliamentary Cooperation, Secretariat of the Parliamentary Assembly of the Council of Europe; the Civil Society Division of the Directorate General of Democracy for their input.

Introduction

COUNCIL OF EUROPE AND DOMESTOC ELECTON OBSERVATION

Elections are a pre-condition for democratic governance since it is through them that the citizens of a country choose freely, and on the basis of the law, the persons that can legitimately govern in their name and in their interest. The conduct of democratic elections that take into account fundamental human rights and freedoms and are based on the rule of law ultimately contributes to the setting up of procedures and institutions which form good governance. It is for these reasons that elections and electoral processes retain the attention of the Council of Europe and other international organisations, as well as of the civil society organisations in its member states.

While there is a distinction between international and domestic election observers, both should enjoy equal freedoms and rights and follow common principles. In the Council of Europe, it is the Parliamentary Assembly and the Congress of Local and Regional Authorities that conduct (often jointly with the OSCE Office for Democratic Institutions and Human Rights (ODIHR) international observation of general and local elections respectively. When it comes to domestic election observation, this expression may include both party and non-partisan observers. This handbook, however, aims to help civil society organisations conduct professional observations of elections through the drafting of reports in respect of their findings.

Although the Council of Europe started to study the question of civil society organisations (CSOs) in 1986, when it adopted for the first time the European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations, its work with respect to the promotion of strong civil society organisations actually started with the accession of new members from South-East and Central and Eastern Europe. In parallel with the work on the legal status of CSOs, the Council of Europe’s Venice Commission drafted Guidelines on an Internationally Recognised Status of Election Observers (adopted on 10 December 2009).(1)

The guidelines aim to promote an internationally recognised status of “election observer”, including that of “domestic election observer”. The document notes that both international and domestic observers should be granted the same freedoms; and should have common principles and rights, as well as duties. It points out that international election observation should have, inter alia, a duty to evaluate and report on whether national election observation organisations are able to conduct their activities without undue interference or restrictions, and recall international standards in case national organisations are limited or prevented from exercising their election observation. Additionally, the guidelines stress that assessment vis-à-vis domestic legislation, as well as international standards and good practice, should be core criteria in the assessment of the conduct of an electoral process. They insist on the fact that, since elections are a process and not a one-day event, the areas of assessment of electoral observation includes three phases: the pre-voting phase, the voting phase and the post-voting phase. The pre-voting observation starts with the assessment of the legislation and, where appropriate, of its revision process, and includes voters and party registration. The post-voting phase goes up to the settlement of complaints and appeals and the taking up of electoral officials. The guidelines complement the Declaration of Principles for International Election Observation (adopted on 27 October 2005 by the United Nations) dedicated to international observers.

PROFESSIONALISATION OF DOMESTIC ELECTION OBSERVERS

With time, the role of domestic observer became increasingly important and was not only limited to the election day, but also took in the pre-voting phase and, in particular, the post-voting phase. Domestic election observation has thus become far more sophisticated and important for the legitimacy of the election process as it contributes directly to the promotion and protection of human rights.

The presence of observers at polling stations remains the centrepiece of the observation effort. At the same time, techniques for election observation have advanced, with significant changes in their deployment, data collection, reporting, etc. These changes reflect a greater appreciation of the importance of the political culture and a keener understanding of the need for more systematic evaluation of the quality of the electoral process. The continuing reflection and interpretation of international standards and good election practices have made it easier for observers to evaluate the election process as a whole and to understand its various parts.

As a result, domestic election observers now have at their disposal instruments that are more wide-ranging than ever before, which makes them more powerful. As election observation has become more systematic, observers have become increasingly adept at developing and deploying multiple strategies for detecting and deterring the subtler efforts of electoral manipulation and fraudulent conduct of various electoral stakeholders. Domestic observers have become inevitable guardians of the electoral process.

INCREASING ROLE OF DOMESTIC OBSERVERS IN MAKING THE CHANGE

With domestic election observer groups becoming increasingly professional, the international community started to rely more and more on their expertise. In particular, domestic observers are more familiar with the situation on the ground; they assist international observers by providing information about the electoral process from the very beginning (even before the international observers are deployed) and in detail. Furthermore, domestic observers have the mandate not only to observe but also to actively participate in the electoral process: primarily, they follow up on election violations and shortcomings and assist in the implementation of steps adopted to improve the electoral process.

With the increased professionalisation of domestic election observers, citizens own more and more of the electoral process as they take part in elections, not only as voters and candidates but also as observers. In this way they contribute to the transparency and credibility of the electoral process, and as such promote public confidence in the integrity and honesty of the elections.

CHALLENGES OF DOMESTIC OBSERVERS

Depending on the country, the rights of domestic observation were not always respected and their observation work often restricted. For example, in 2003, the OSCE/ODIHR, in its final report on the presidential election in Azerbaijan, noted that the law prohibited “domestic organizations that receive more than 30% of their budget from foreign State funding from observing elections. The effect of the legislation was to reduce the transparency of, and public participation and confidence in, the elections. It undercut NGOs’ advocacy and lobbying abilities with relation to electoral matters”.(2) Another example is the presidential elections in Ukraine in 2010, when the authorities prohibited non-partisan national observers. The legal situation in the country changed in 2014 and civil society organisations were able to perform observation work.

Nevertheless, in some countries national observers still face limitations preventing them from exercising comprehensive rights during the entire electoral process. Understanding that the process is often a long-term journey, this handbook aims to encourage all domestic observation groups to pursue their democratic objectives, so that the internationally recognised right to take part in the conduct of public affairs can be fully enjoyed for the benefit of each country, throughout the electoral cycle.

Naturally, while domestic observation in some countries seeks to enshrine basic rights in legislation, other more experienced and professional groups seek additional tools in order to increase the resonance of their observation efforts and findings. At the same time, it is also crucial that domestic observers have knowledge of international standards, relevant domestic legislation and responsibilities. It is also the role of the Council of Europe to help domestic observers to identify the most outstanding issues. Observation by the Council of Europe through pre-electoral assistance programmes in the countries of the Eastern Partnership has shown that the professionalism and independence of domestic observation groups could be further strengthened if they received additional support in:

developing a more comprehensive and systematic approach to election observation that can be employed to provide more structured and message-oriented reporting, including recommendations and advised follow-up developments;

integrating to a greater extent international election standards and good practice in their election observation methodology;

committing to strict impartiality and non-interference of the observation, including reports based on facts and credible evidence and adherence to a code of conduct.

While spelling out the above-mentioned needs, the domestic observers in the Council of Europe assessment stated that their neutrality and objectivity is frequently being challenged – in particular during highly competitive and contested elections. Often domestic observers on the ground are intimidated, harassed and/or bribed, and some are even prosecuted. They are hindered in fulfilling their work as observers, excluded from polling stations, physically threatened, and/or their friends and family members are given severe warnings on future repercussions.

THE HANDBOOK

Issues faced by domestic observers are at the core of the Council of Europe’s technical assistance in the electoral field. The present handbook is a response to the assessment made by the Council of Europe of the needs of domestic observers with particular focus on the right to write reports of the observation with recommendations. This will contribute to strengthening the capacities of the domestic observers and promoting their professionalism.

The handbook is written for domestic observers, specifically focusing on the reporting of Core Team members. At the same time, it also includes the reporting of long- and short-term observers. It covers mainly final election reports and reports/statements on preliminary findings, while also providing insights into interim reports; it gives ideas about ad hoc reports, press releases, as well as tips on how to follow up on recommendations.

The handbook gives an overview of the planning of observation activities from a reporting perspective: the scope of election observation, assessment of the organisations’ reporting capacities, key observation principles and what the observation could focus on, how to assess one’s own organisation’s reporting capacities, key observation principles, and how to conduct training on reporting.

The handbook further proceeds with a chapter about internal reporting: the reporting plan, staff responsibilities with regard to reporting, their training and internal reporting forms.

Further on, the handbook covers external reporting, starting with an insight into training of Core Team members and reporting tips, and following with an overview of the structure and content of final reports.

An important part of the handbook is dedicated to reporting checklists for each of the reporting topics: political context, legal framework, election administration, voter lists and voter registration, registration of contestants, voter education, election campaign, media coverage of elections, election day, tabulation and publication of the results, complaints and appeals, post-election developments.

The handbook concludes with tips on the external communication of a report, and the advocacy of a report’s recommendations.

With this handbook the Council of Europe hopes to contribute to further professionalising domestic election observation, which has a vital role in promoting and protecting the integrity of the electoral process in line with the principles of Europe’s electoral heritage. As elections are not a one-day event, it is even more important that domestic observer groups stay firmly committed to observing pre- and post-electoral developments as inevitable parts of the electoral cycle. The Council of Europe will continue to further assist developments in this area.

Chapter 1 Electoral cycle and reporting

1.1. ELECTION OBSERVATION AS PART OF THE ELECTORAL CYCLE

Elections are embedded in a recurrent election cycle. The electoral cycle is generally regarded as running from the moment an election is held to the moment the next election is held. The underlying idea is that elections are not isolated events but processes that expand well before and well after election day. There is usually more than one election cycle at the same time. Parliamentary elections held at four-year intervals, for instance, have a different election cycle to presidential elections taking place every five years.

Other terms may be used which often have a narrower scope. “Electoral period” is one of them. It generally refers to the time period commencing on the day when the date of elections is officially announced and ending on the day when the final election results are confirmed by the authorised bodies. Observers should be sensitive to such varied terminology. More importantly, they should be clear about the events in the relevant electoral cycle that are relevant to the aspects of elections they plan to observe.

The way in which the election cycle is relevant for observers depends on the type of observation that is conducted. For example, observation of the prep­aration and conduct of voting itself may focus on election day, the period of voter registration, the period of establishment of electoral commissions, and even specific political changes such as boundary changes or electoral code revisions. In another example, campaign finance monitoring will need to pay special attention to the relationship between income and expenditure occuring within the official election campaign period and income and spending falling outside it.

The electoral cycle approach

The electoral cycle is a visual planning and training tool designed by International IDEA.(3) It illustrates the different phases during an election process and during the period between two elections. It covers the actions that should be taken by a wide array of people and organisations throughout these phases. The electoral cycle tool was developed to facilitate a shift from viewing elections as an event to viewing them as a complex set of processes. The electoral cycle is intended to be used as a guide rather than a strict model of the cyclical nature of elections. In reality, the electoral processes of each country will not fit accurately the electoral cycle model as many of these processes are much more complex than the model.

Figure 1: The electoral cycle

Source:www.idea.int/elections/eea

Observation: from election day to electoral cycle

The development of the electoral cycle tool to facilitate the focus on broader electoral processing has in some ways mirrored the development of election observation strategies. Many civic organisations initially focused on voting and counting processes, but have since broadened the scope of their observation to include assessment of legislation and other key electoral processes. In addition, a holistic approach to elections is also a prerequisite for effective advocacy of electoral reforms, which is a natural follow-up to election observation.

Building expertise

To approach elections with the electoral cycle model, organisations will have to build the necessary expertise which will enable them to review the more complex aspects of electoral processes. This entails building a team of experts each focusing on specific key processes. Developing such team expertise will contribute greatly to the quality of reports as it will provide in-depth findings, analysis and recommendations and will allow for sharing the reporting workload.

Observation methodology and reporting strategy

As will be presented in Chapter 3, the electoral cycle approach will have a significant impact on the reporting strategy and on the character of reports. While reporting on election day has a strong fact-reporting component, reporting on key processes has a strong analytical component. This means that, with increased focus on pre-voting observation, reporting will demand stronger analytical and writing skills. However, the reward of this approach will be evident especially in the post-election period when organisations advocate reforms. Strong analysis and a clear articulation of recommendations will provide a solid framework for the goals of electoral reforms.

To report on key electoral processes, organisations will have to develop a long-term observation methodology which will be supported by an appropriate number and structure of staff.

It is useful to develop your own model of the electoral cycle as an exercise when planning observation activities. Such a customised electoral cycle model will facilitate the development of a long-term observation methodology, including the size and structure of the observation team, as well as the reporting strategy. Depending on the objectives of the observation, the organisation should consider whether to produce a single report for the whole electoral cycle or to report prior to or after major milestones, such as the call for elections, the conclusion of boundary delimitation or of voter registration, finalised list of contestants, election campaign, the election day, publication of results or election-related appeals.

1.2. REPORTING PRINCIPLES

There is a long-standing informal consensus on the basic reporting principles which election observation organisations should follow. Reports must be accurate, objective and impartial without partisan bias. They also need to be timely, transparent and analytical. A number of factors presented in this handbook influence the quality of a report, such as the appropriate use of language, the organisation of information or the writing style. These factors will vary depending on the individual report writers. However, as emphasised in the Declaration of Global Principles for Nonpartisan Election Observation and Monitoring by Citizen Organizations produced by the Global Network of Domestic Election Monitors (GNDEM) the observers should always bear in mind that “non-partisan citizen election observers and monitors can be considered as specialized human rights defenders focused on civil and political rights, which are central to achieving genuine elections”.

To standardise the key principles of reporting on elections, international governmental and non-governmental organisations included reporting as one of the key features of the Declaration of Principles for International Election Observation and Code of Conduct for International Election Observers (hereinafter “the Declaration”). The Declaration was commemorated on 27 October 2005 at the United Nations and endorsed by numerous organisations, including the Council of Europe’s Parliamentary Assembly and the Venice Commission. The international community of civic organisations, GNDEM, followed suit and developed their Declaration of Global Principles (referred to above), which also includes key principles on reporting. The latter declaration was commemorated on 3 April 2012 at the United Nations and it draws its principles directly from the universally accepted Article 21 of the Universal Declaration of Human Rights (UDHR) and Article 25 of the International Covenant on Civil and Political Rights (ICCPR). It was endorsed by the Council of Europe’s Venice Commission (15-16 June 2012)(4) and also supported by the Parliamentary Assembly’s Resolution 1987 (2012) on ensuring greater democracy in elections on 3 October 2012.(5) The reporting principles presented in this chapter are derived directly from the Declaration.

Reporting as a right

The right to report on electoral processes is considered an integral part of the right to participate in public affairs, as defined by the UDHR and ICCPR. According to the interpretation of this right in the Declaration, civil society organisations can legitimately demand access, evaluate and report on legal frameworks, institutions, processes and the political environment related to elections. It is also stated in the Declaration that citizen organisations may offer recommendations and advocate improvement in legal frameworks as well as the full implementation of the laws and removal of impediments to full citizen participation in elections.

Methodology

The observation methodology should be included in the report. It is considered good practice to observe and report on all phases of the electoral cycle, whenever possible. The Declaration provides an extensive list of elements of the electoral process that should be evaluated. However, it is admissible to limit the scope of observation to certains aspects of the electoral process, if there is a need to address a particular issue or area of concern. In such cases, the report should have a direct indication of that.

Schedule

The Declaration deals with two key issues concerning the reporting schedule. The first is that, by engaging in domestic observation, citizen organisations take on the responsibility for issuing reports, statements and releases on a regular basis. Withholding of election reports is discouraged.

The second issue is the right to own information. The Declaration recognises that the information, analyses and conclusions developed by citizen organisations belong to them and that organisations are responsible for determining (also in light of legal requirements) the timing and manner for presenting their findings and recommendations.

Reporting election results

Projections of results made through parallel vote tabulation and other vote verification techniques and statistical analyses must carefully consider reporting timing. Special attention must be given to the credibility of internal reporting, the sufficiency of the information received and the accuracy of the statistical data. Reports based on statistics must include methodological information such as sampling and statistical calculations.

Co-operation with state institutions

Citizen organisations’ modus operandi should always be based on good will co-operation with electoral authorities and other state institutions. Moreover, citizen organisations should seek such co-operation. They should strive to meet with the electoral authorities, request information or clarification on the application of legislation, practices, and, ultimately, share information gathered through observation with relevant state institutions.

Recommendations and advocacy

Election observation reports should not only include the presentation of facts and analyses. Organisations which endorse the Declaration in fact commit to offering recommendations for strengthening the electoral process and advocating improvements in legal frameworks, as well as efficient conduct of elections by the electoral administration.

Funding

Reporting on funding sources is an obligation of the election observation organisation. Citizen organisations involved in domestic election observation are also expected to disclose information on relationships and conditions which might create conflict of interest or that would interfere with the independence of the election observation.

Impartiality

Impartiality and non-partisanship are key features of any domestic election observation. Careful selection of language and well-articulated analysis is imperative for avoiding perceptions of bias. Reports should be of the highest ethical standards for impartiality and accuracy. The principle of unbiased reporting is not only relevant in the light of positions of particular political parties and the governing structures, but also applies to referendum choices.

Transparency

Election observation is a form of monitoring and is especially sensitive for a number of reasons. Citizen organisations that monitor elections place themselves in the midst of a process that determines the distribution of political power. Their findings – in particular, if they detect violations of law or other poor electoral conduct – can have an effect on outcomes of the elections. For this reason, the political forces that compete in elections may attempt to discredit observation findings. They may do this by attacking the monitoring methodology, the accuracy of the actual observation itself, or by attempting to discredit the organisation as such.

In order to minimise the risk of and vulnerability to such attacks, the organisation should be maximally transparent, particularly in the following respects.

Disclosure of observation methodology: what is being observed, how it is being observed, including sources of information, sampling methods, etc., how findings are analysed and presented, the timetable for reporting findings.