Election Obligations & Standards Database

Obligation

Freedom of Movement

International and regional treaties protect freedom of movement, which is considered essential during the electoral process, not only for political parties and voters but also for poll workers and election observers.[1] It includes the ability of citizens who are abroad to return (where the law allows) to their country to participate in elections.[2] Any restriction of the right to freedom of movement must be proportionate to the interests it intends to protect.[3] Restrictions may include those in the interests of:

  • National security;[4]
  • Public order;[5]
  • Public health or morals;[6]
  • Protection of the rights and freedoms of others;[7]
  • Prevention of a crime.[8]

Political commitments add that those displaced in advance of an election should have the opportunity to return on election day to cast their ballots.[9]

Relevant Election Parts

Issues

    Freedom of Movement for the Purposes of Voter Registration

    • Relevant Election Parts:
    • Voter Registration

    Citizens displaced against their will had the opportunity to be considered resident in their former place of residence

    • People displaced against their will should have the opportunity to be considered resident in their former place of residence. [?]

    Citizens were able to return to the country (as necessary) to register to vote

    • Everyone has the right to leave and return to his/her own country. [?]

    Freedom of movement was respected throughout the voter registration process

    • Everyone has the right to freedom of movement within the borders of each state. [?]
    • Freedom of movement may only be restricted when provided by law, necessary in a democratic society, and consistent with other rights. [?]
    • Movement may be restricted, but such restrictions must be proportionate and be appropriate to achieve their protective function. [?]

    Freedom of Movement for Political Candidates and Their Supporters

    • Relevant Election Parts:
    • Candidacy and Campaigning

    Freedom of movement was respected for all electoral stakeholders, including candidates, parties, and their supporters during the campaign period

    • Everyone has the right to freedom of movement within the borders of each state. [?]
    • Everyone has the right to leave and return to his/her own country. [?]
    • Freedom of movement may only be restricted when provided by law, necessary in a democratic society, and consistent with other rights. [?]
    • Movement may be restricted, but such restrictions must be proportionate and be appropriate to achieve their protective function. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of national security. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of public order. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of public health or morals. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of protecting the rights and freedoms of others. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of preventing crime. [?]
    • Freedom of movement must be respected in the context of political rallies and meetings. [?]

    Freedom of Movement and the Media

    • Relevant Election Parts:
    • The Media

    Freedom of movement was guaranteed to all electoral stakeholders, including the media

    • Everyone has the right to freedom of movement within the borders of each state. [?]
    • Everyone has the right to leave and return to his/her own country. [?]
    • Freedom of movement may only be restricted when provided by law, necessary in a democratic society, and consistent with other rights. [?]
    • Movement may be restricted, but such restrictions must be proportionate and be appropriate to achieve their protective function. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of national security. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of public order. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of public health or morals. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of protecting the rights and freedoms of others. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of preventing crime. [?]
    • Safety and ability of journalists and other media actors to work in full freedom should be protected, with any harassment and violence, offline and online, promptly investigated and liability imposed. [?]

    Freedom of Movement and Vote Counting and Tabulation

    • Relevant Election Parts:
    • Vote Counting and Tabulation

    Freedom of movement was respected throughout the electoral process, including the immediate election period

    • Everyone has the right to freedom of movement within the borders of each state. [?]
    • Everyone has the right to leave and return to his/her own country. [?]
    • Freedom of movement may only be restricted when provided by law, necessary in a democratic society, and consistent with other rights. [?]
    • Movement may be restricted, but such restrictions must be proportionate and be appropriate to achieve their protective function. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of national security. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of public order. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of public health or morals. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of protecting the rights and freedoms of others. [?]
    • Freedom of movement may only be restricted in limited cases, including in the interest of preventing crime. [?]

    Freedom of Movement and Voting Operations

    • Relevant Election Parts:
    • Voting Operations

    Freedom of movement was respected throughout the electoral process

    • Everyone has the right to freedom of movement within the borders of each state. [?]
    • Everyone has the right to leave and return to his/her own country. [?]

    Voters displaced in advance of election day had the possibility of returning on election day to cast their ballots or were included in voter lists at a place of stay.

    • Everyone has the right to leave and return to his/her own country. [?]
    • Voters should be able to access polling stations. [?]
    • Voting by internally displaced persons should be facilitated, including by allowing temporary changes of residence and inclusion in voter lists at a place of stay or granting a possibility to return to cast ballots. [?]

    Freedom of Movement for Electoral Management Body Personnel

    • Relevant Election Parts:
    • Election Management

    Electoral management body staff and officials were able to move freely throughout the country to administer the election and at the same time did not prevent or hinder the free movement of citizens during the election process

    • Everyone has the right to freedom of movement within the borders of each state. [?]

    Sources

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