Obligation
Freedom of Association
International and regional treaties protect freedom of association.[1] Freedom of association is critical in the context of political parties and campaign activities and includes the ability to freely establish political parties. Restrictions must be prescribed by law and are necessary in a democratic society.[2] These include those in the interests of:
- National security;[3]
- Public safety;[4]
- Public order (ordre public);[5]
- Public health and morals;[6]
- The protection of the rights and freedoms of others.[7]
Restrictions on freedom of association—on the basis that ideas that are not favorable to the government will be promoted—are unreasonable.[8] Lawful restrictions on the freedom of association may be placed on members of the armed forces and police.[9] Interpretation offered by the U.N. Human Rights Committee makes it clear that some individual rights can also be enjoyed in groups with others.[10] This is critical to an understanding of freedom of association with regard to the electoral process.
Nongovernmental organizations. International and regional treaties are clear that everyone has the right to associate with nongovernmental organizations.[11] Political commitments add that national law should not unjustifiably restrict the ability of any person to join a nongovernmental organization and that states should recognize accredited organizations and facilitate their ability to conduct their activities.[12] Any act or omission by a governmental organ that affects a nongovernmental organization should be subject to administrative review and open to challenge. While specific documentation may be required to establish a nongovernmental organization, the administrative process for registration should be applied with minimum margin of discretion.[13]
Issues
- Establishment, Regulation of, and Membership in Political Parties
- Partisan and Nonpartisan Observation of Vote Counting and Tabulation
- Voter Registration Activities by Civil Society
- Provision of Voter Education by Civil Society and Political Parties
- Partisan and Nonpartisan Observation of Voting Operations
- Candidature
- Advocacy of Hatred and Incitement to Violence
- Internal Party Policies
- States Authorities Responsible for Upholding Rights
- Internet and Exercise of Rights Online
Establishment, Regulation of, and Membership in Political Parties
- Relevant Election Parts:
- Legal Framework
- Candidacy and Campaigning
Citizens were able to establish and participate in political parties and other associations
- Everyone has the right to association. [?]
- Particular individual electoral rights should be extended to associations and political parties. [?]
- Freedom of association may be restricted under certain circumstances as are prescribed by law and necessary in a democratic society. [?]
- Freedom of association may be restricted only in limited cases, including in the interest of national security. [?]
- Freedom of association may be restricted only in limited cases, including in the interest of public safety/order. [?]
- Freedom of association may be restricted only in limited cases, including in the interests of public health or morals. [?]
- Freedom of association may be restricted only in limited cases, including in the interest of protecting the rights and freedoms of others. [?]
- Lawful restrictions of this freedom may also be placed on members of the armed forces and the police. [?]
- Everyone has the right to establish a political party. [?]
- All individuals and groups should have the right to establish their own political parties or political organizations on equal terms. [?]
- Everyone has the right to associate with a political party. [?]
- Association with a political party must be voluntary. [?]
Individual electoral rights could be enjoyed in community with others
- Particular individual electoral rights should be extended to associations and political parties. [?]
Political organizations were treated equally in being recognized and registering as a party
- Everyone has the right to association. [?]
- Particular individual electoral rights should be extended to associations and political parties. [?]
- Everyone has the right to establish a political party. [?]
- All individuals and groups should have the right to establish their own political parties or political organizations on equal terms. [?]
- Everyone has the right to associate with a political party. [?]
- Association with a political party must be voluntary. [?]
Regulations and deadlines for legal recognition of political parties were clearly specified. Registration requirements were not so stringent that they jeopardized freedom of association
- States should legally recognize political parties for the effective exercise of related civil and political rights. [?]
- Requirements for legal recognition should be clearly specified and realistic. [?]
- Deadlines for applications for legal recognition should be clearly specified. [?]
- While some regulation to foster transparency and democratic practices by political parties may be acceptable, parties should generally be free to determine their internal policies. [?]
Partisan and Nonpartisan Observation of Vote Counting and Tabulation
- Relevant Election Parts:
- Vote Counting and Tabulation
Candidates and their representatives, as well as observers, were able to observe polling and counting
- States should recognize accredited NGOs and facilitate their ability to conduct their activities. [?]
- States should involve civil society organizations and facilitate their effective participation in public decision-making processes. [?]
- States should create, in law and practice, an enabling environment for civil society organizations to operate free from hindrance and insecurity. [?]
The vote-counting process was transparent and observable
- Everyone has the right to association. [?]
- Particular individual electoral rights should be extended to associations and political parties. [?]
- Freedom of association may be restricted only in limited cases, including in the interest of national security. [?]
- Freedom of association may be restricted only in limited cases, including in the interest of public safety/order. [?]
- Freedom of association may be restricted only in limited cases, including in the interests of public health or morals. [?]
- Freedom of association may be restricted only in limited cases, including in the interest of protecting the rights and freedoms of others. [?]
- Lawful restrictions of this freedom may also be placed on members of the armed forces and the police. [?]
- Everyone has the right to associate with non-governmental organizations. [?]
- States should recognize accredited NGOs and facilitate their ability to conduct their activities. [?]
- Specific documentation may be required to establish an NGO. [?]
- The administrative process for NGO registration should be applied with minimum margin of discretion. [?]
- NGOs should be consulted at all stages of the legislative and/or administrative process that will determine their status. [?]
- Any act or omission by a government organ that affects an NGO should be subject to administrative review and open to challenge. [?]
- National law should not unjustifiably restrict the ability of any person to join an NGO. [?]
- States should create, in law and practice, an enabling environment for civil society organizations to operate free from hindrance and insecurity. [?]
Voter Registration Activities by Civil Society
- Relevant Election Parts:
- Voter Registration
Civil society organizations were permitted to conduct voter registration free from unreasonable restrictions
- Everyone has the right to association. [?]
- Freedom of association may be restricted under certain circumstances as are prescribed by law and necessary in a democratic society. [?]
- Everyone has the right to associate with non-governmental organizations. [?]
- States should recognize accredited NGOs and facilitate their ability to conduct their activities. [?]
- National law should not unjustifiably restrict the ability of any person to join an NGO. [?]
- States should involve civil society organizations and facilitate their effective participation in public decision-making processes. [?]
- States should create, in law and practice, an enabling environment for civil society organizations to operate free from hindrance and insecurity. [?]
Provision of Voter Education by Civil Society and Political Parties
- Relevant Election Parts:
- Voter Education
Civil society organizations participated in voter education
- Everyone has the right to association. [?]
- Freedom of association may be restricted under certain circumstances as are prescribed by law and necessary in a democratic society. [?]
- Everyone has the right to associate with non-governmental organizations. [?]
- States should recognize accredited NGOs and facilitate their ability to conduct their activities. [?]
- States should involve civil society organizations and facilitate their effective participation in public decision-making processes. [?]
- States should create, in law and practice, an enabling environment for civil society organizations to operate free from hindrance and insecurity. [?]
Partisan and Nonpartisan Observation of Voting Operations
- Relevant Election Parts:
- Voting Operations
The state accredited citizen observer organizations and facilitated their ability to conduct their activities
- States should recognize accredited NGOs and facilitate their ability to conduct their activities. [?]
- States should involve civil society organizations and facilitate their effective participation in public decision-making processes. [?]
- States should create, in law and practice, an enabling environment for civil society organizations to operate free from hindrance and insecurity. [?]
Candidature
- Relevant Election Parts:
- Candidacy and Campaigning
Candidacy requirements upheld freedom of association
- Demands on political parties regarding registration should not be so stringent as to jeopardize their freedom of association. [?]
Advocacy of Hatred and Incitement to Violence
- Relevant Election Parts:
- Candidacy and Campaigning
Advocacy of national, racial, and religious hatred that constituted incitement to discrimination, hostility, or violence was prohibited by law, and the law was enforced
- States may prohibit political parties that advocate the use of violence or that pose a realistic and imminent threat to democracy. [?]
Internal Party Policies
- Relevant Election Parts:
- Legal Framework
Regulations and deadlines for legal recognition of political parties were clearly specified. Registration requirements were not so stringent that they jeopardized freedom of association
- While some regulation to foster transparency and democratic practices by political parties may be acceptable, parties should generally be free to determine their internal policies. [?]
States Authorities Responsible for Upholding Rights
- Relevant Election Parts:
- Legal Framework
Citizens were able to participate in public affairs through nongovernmental organizations
- States should safeguard the ability of civil society organizations to seek, receive, and use resources, including funding. [?]
Internet and Exercise of Rights Online
- Relevant Election Parts:
- Legal Framework
Internet freedom and the exercise of human rights online were protected. Restrictions imposed were based in law, proportionate, and necessary in a democratic society
- Internet freedom, including access to online resources and digital tools, should be protected as essential to the exercise of human rights online, with any restrictions based in law, proportionate, and necessary in a democratic society. [?]