3619 Results
Quotes
Quotes based on international documents, law, and treaties- "The members of the an electoral commission should be persons of integrity and high standing in the community. They should be—and be seen to be—competent and independent of the government of the day and of all political parties. They should understand and by their acts demonstrate the duty to be impartial and fair-minded in the organization of a free and fair election, and be responsible to the needs of political parties and the public for the timely release of information on the electoral processes” … “The appointments procedures should be carefully considered by the framers of the Constitution, so as to avoid giving the ruling party for the time being complete or undue control over the selection and appointments process. Opposition parties should be entitled to participate in the process of selection and appointment of members of an electoral commission."
- "It is submitted that an electoral commission would be better served if its members were not associated with any political party and were chosen by an independent body of high standing, such as the Judicial Services Commission of the country concerned."
- "Independence of an electoral commission also implies that the commission should enjoy full and complete control over the selection appointment and dismissal of its staff (including all election officers)."
- "The electoral law should seek to strengthen the autonomy of the management structure by ensuring that the appointments procedure delivers persons of high standing who have a proven sense of fairness and impartiality. The senior members of management (e.g., members of the electoral or constituency boundaries commission) should be answerable to parliament and not to the prime minister or president, as the head of government. The members’ tenure of office should be secure and their removal should be governed by clearly stipulated procedures, possibly requiring a resolution by the national assembly, not dissimilar to those applicable to the removal from office of a supreme court judge.” … “The electoral law should be designed in a manner so as to ensure that appointments at all levels in the electoral system are aimed at selecting people who are honest, impartial and efficient."
- "Consideration should be given to appointing independent persons known within the society for their integrity. It is recommended that at least one of the commissioners should be a person who holds or has held high judicial office (a high court or supreme court judge)...Appointment and dismissal procedures should be clearly articulated and the process undertaken in a manner that is impartial, accountable and transparent. These procedures should also take into account the need to ensure institutional continuity."
- "Confidence in the system may be inspired, at least initially, by ensuring equitable political representation in the commission or equivalent body, but it can also lead to weak and ineffective administration."
- "In practice, the election machinery can either be impartial, or in balance; if impartial members who enjoy the confidence of all parties cannot be found, then balance must be created by the appointment of party representatives."
- "Where possible, professionals familiar with the electoral framework of a country should be appointed to administer a country’s elections. A common provision requires that at least some members of EMBs, at every level, have a background or training in law. Such a provision is reasonable but may present a problem for lower-level bodies and polling stations. EMBs comprising political party representatives also have advantages and disadvantages. Provision such as those requiring that EMB membership must include party representatives or judges, who are ultimately appointed by the incumbent party, obviously will impact on an EMB’s independence and impartiality. Generally, people have political credibility, such as members of civil society or those from the judiciary, might be more suitable for appointment to the EMB. Any conflict of interest, especially where the EMB is party-based, should be disclosed by the appointment of members in advance. The age of retirement for the members of the EMB should at least be same as for a judge of the highest court of that country, although retired judges could also be considered for these positions."
- "Members of the electoral body should be appointed in a manner that ensures the confidence of public and political parties alike; they should be served by a secretariat accountable entirely to them."
- "Electoral commissions should consist of representatives from different political parties and minority populations."
- "Election commissions should be established in an independent and impartial manner. In most cases, this should mean that they include pluralist representation from a balance of political parties. In countries where there is sufficient confidence in the electoral process, commissions could also be drawn from respected, neutral, and experienced individuals, including members of the judiciary. Members should not be subject to arbitrary removal."
- "The legal framework should ensure that the method of selecting election commission members is impartial. Additionally, it is suggested the members’ terms be staggered to provide continuity in the work of successive commissions. The method of selecting commission members should be open and transparent. The legal framework should also specify the grounds and process for removal of a member. The law should contain provision designed to foster the independence and impartiality of members, including provision protecting members from arbitrary removal and providing immunity in connection with the performance of legal duties. The law should also specify the rights of reach member of the commission, including the right to receive timely and adequate notice of meetings, the right of access to all commission documents, and the right to participate in all commission meetings."
- "In order to build confidence and encourage minority participation in elections, members of minorities should be included in election commissions…The selection process for appointing electoral commissioners should be transparent and impartial. Ideally, the selection should be based on a consensus of the political parties contesting the elections and be individuals with the relevant experience and expertise and who also have a reputation for independence and integrity. The use of internationally recognized or prominent persons which would also include prominent members of civil society has also been proven in countries where there has been conflict or a breakdown of trust between the parties."
- "It is essential that in terms of the composition or body, that there is appropriate national minority representation. This would apply to all of the approaches detailed above, although it would be hard to achieve if the electoral body is located within a government ministry. Notwithstanding this, if the body should be located within a government ministry, then there should be sufficient representation and transparency to ensure that national minorities not only play a role in the making and transparency to ensure that national minorities not only play a role in the making of decisions, but that all decisions and the reason therefore should be made public. This participation of minorities, where appropriate, in the composition of the commission at a senior level should be replicated to ensure that there is minority participation and representation at every level of the electoral administration, form national to local. In communities where individual and voters will interact with representatives of the electorate administration it is particularly important for minority groups to be represented and included in the administration. In addition, the principles of transparency and impartiality are important in allaying the fears and concerns of minorities."
- "The commissioners should be selected by a panel of judges set up by the Chief Justice or the equivalent, on the basis of the individual’s caliber, stature, public respect, competence, impartiality and their knowledge of elections and political development processes. The selection of commissioners should be done in consultation with all political parties and other interested stakeholders. The selected commissioners are to be approved by Parliament."
- "The Electoral Law should empower the Electoral Commission to recruit and dismiss its own support staff on the basis of professionalism and competence rather than getting seconded staff from Ministries and Departments. Such staff have no loyalty to the Electoral Commission."
- "Security of tenure of electoral commissioner should be entrenched in eh constitutions of the SADC countries."
- "Transparency in operational and financial management lays out for public scrutiny the decisions and reasoning of the EMB. Transparency is a basic good practice for all EMB activities. It can assist an EMB to combat perceptions of and identify actual financial or electoral fraud, lack of competence or favouritism towards particular political tendencies, and can enhance the requirement that the EMB inform the public of its activities..."
- "Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anticorruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability."
- "Each State Party shall take appropriate measures, within its means and in accordance with fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption."
- "For the purposes set forth in Article II of this Convention, the States Parties agree to consider the applicability of measures within their own institutional systems to create, maintain and strengthen: 11. Mechanisms to encourage participation by civil society and nongovernmental organizations in efforts to prevent corruption."
- "For the purposes set forth in Article 2 of this Protocol, each State Party undertakes to adopt measures, which will create, maintain and strengthen:(i) mechanisms to encourage participation by the media, civil society and non-governmental organizations in efforts to prevent corruption."
- "In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law."
- "Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or other nature."
- "All persons shall be equal before the judicial system. In the determination of any charge against him, everyone shall be entitled to a fair and public hearing within a reasonable amount of time by an independent and impartial court."
- "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him."
- "To this end, everyone whose rights or freedoms are allegedly violated has the right, either in person or through legally authorized representation, to complain to and have that complaint promptly reviewed in a public hearing before an independent, impartial and competent judicial or other authority established by law and to obtain from such authority a decision, in accordance with law, providing redress, including any compensation due, where there has been a violation of that person's rights or freedoms, as well as enforcement of the eventual decision and award, all without undue delay."
- "The participating States will endeavour to provide for judicial review of such regulations and decisions."
- "The participating States will respect the internationally recognized standards that relate to the independence of judges and legal practitioners and the impartial operation of the public judicial service including, inter alia, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights."
- "The participating States will, in implementing the relevant standards and commitments, ensure that the independence of the judiciary is guaranteed and enshrined in the constitution or the law of the country and is respected in practice, paying particular attention to the Basic Principles on the Independence of the Judiciary, which, inter alia, provide for (i) prohibiting improper influence on judges; (ii) preventing revision of judicial decisions by administrative authorities, except for the rights of the competent authorities to mitigate or commute sentences imposed by judges, in conformity with the law; (iii) protecting the judiciary's freedom of expression and association, subject only to such restrictions as are consistent with its functions; (iv) ensuring that judges are properly qualified, trained and selected on a non-discriminatory basis; (v) guaranteeing tenure and appropriate conditions of service, including on the matter of promotion of judges, where applicable; (vi) respecting conditions of immunity; (vii) ensuring that the disciplining, suspension and removal of judges are determined according to law."
- "The complaints procedure should be undertaken in a transparent manner, including public hearings and the publication of decisions and reasons. All final decisions are expected to be enforced."
- "Going beyond the requirements and practices described earlier, some additional best practices for handling election complaints and appeals include the following: The right to a fair hearing on the complaint."
- "In procedural terms, the relationship with the right to an effective remedy provided for by article 2, paragraph 3 of the Covenant is relevant. In general, this provision needs to be respected whenever any guarantee of article 14 has been violated."
- "The notion of fair trial includes the guarantee of a fair and public hearing."
- "The guarantees of fair trial may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights."
- "All trials in criminal matters or related to a suit at law must in principle be conducted orally and publicly. The publicity of hearings ensures the transparency of proceedings and thus provides an important safeguard for the interest of the individual and of society at large. Courts must make information regarding the time and venue of the oral hearings available to the public and provide for adequate facilities for the attendance of interested members of the public, within reasonable limits, taking into account, inter alia, the potential interest in the case and the duration of the oral hearing."
- "No limitations shall be placed by the judicial body on the category of people allowed to attend its hearings where the merits of a case are being examined. e) Representatives of the media shall be entitled to be present at and report on judicial proceedings except that a judge may restrict or limit the use of cameras during the hearings."
- "The notion of fair trial includes the guarantee of a fair and public hearing. Fairness of proceedings entails the absence of any direct or indirect influence, pressure or intimidation or intrusion from whatever side and for whatever motive."
- "An important aspect of the fairness of a hearing is its expeditiousness…delays in civil proceedings that cannot be justified by the complexity of the case or the behavior of the parties detract from the principle of a fair hearing enshrined in paragraph 1 of this provision."
- "The essential elements of a fair hearing include: i) an entitlement to a determination of their rights and obligations without undue delay and with adequate notice of and reasons for the decisions."
- "The court should play and active role in ensuring the rapid progress of the proceedings, while respecting the rights of the parties, including the right to equal treatment."
- "The time within which the tribunal takes its decision should be reasonable in the light of the complexity of each case and of the procedural steps or postponements attributable to the parties, while respecting the adversary principle."
- "One best practice for election complaints is to provide for an expedited process of complaint and appeal, to permit resolution of complaints in an effective manner - if possible, during the election period."
- "Going beyond the requirements and practices described earlier, some additional best practices for handling election complaints and appeals include the following: The right to a timely remedy."
- "The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice."
- "The proceedings should be public, other than in exceptional circumstances."
- "The requirement of a public hearing does not necessarily apply to all appellate proceedings which may take place on the basis of written presentations or to pre-trial decisions made by prosecutors and other public authorities."
- "Article 14, Paragraph 5 [providing that anyone convicted of a crime shall have the right to have their conviction and sentence reviewed by a higher tribunal] does not apply to procedures determining rights and obligations in a suit at law or any other procedure not being part of a criminal appeal process, such as constitutional motions."
- "The right of equal access to a court, embodied in article 14, paragraph 1, concerns access to first instance procedures and does not address the issues of the right to appeal or other remedies."
- "The essential elements of a fair hearing include: j) an entitlement to an appeal to a higher judicial body."