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]

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

  • Movement may be restricted, but such restrictions must be proportionate and be appropriate to achieve their protective function. [?]
  • 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. [?]

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

  • Freedom of movement may only be restricted in limited cases, including in the interest of preventing crime. [?]
  • 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. [?]
  • Everyone has the right to leave and return to his/her own country. [?]
  • 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. [?]
  • 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 national security. [?]
  • Freedom of movement must be respected in the context of political rallies and meetings. [?]
  • Movement may be restricted, but such restrictions must be proportionate and be appropriate to achieve their protective function. [?]

Freedom of Movement and the Media

  • Relevant Election Parts:
  • The Media

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

  • Freedom of movement may only be restricted in limited cases, including in the interest of preventing crime. [?]
  • 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. [?]
  • Everyone has the right to leave and return to his/her own country. [?]
  • 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. [?]
  • 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 national security. [?]
  • Movement may be restricted, but such restrictions must be proportionate and be appropriate to achieve their protective function. [?]

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

  • Freedom of movement may only be restricted in limited cases, including in the interest of preventing crime. [?]
  • 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. [?]
  • Everyone has the right to leave and return to his/her own country. [?]
  • 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. [?]
  • 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 national security. [?]
  • Movement may be restricted, but such restrictions must be proportionate and be appropriate to achieve their protective function. [?]

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

Voters displaced in advance of election day had the possibility of returning on election day to cast their ballots

  • Everyone has the right to leave and return to his/her own country. [?]
  • Voters should be able to access polling stations. [?]
  • If voters have been displaced in advance of voting, the possibility should exist for them to return on election day to cast their ballot. [?]


Sources

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