220 Results
Quotes
Quotes based on international documents, law, and treaties- "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."
- "Whatever the legal basis for the establishment of an electoral body, its members should be appointed in a manner which ensures that they enjoy the confidence of both public and political parties alike. The electoral body and its members should be subject only to the Constitution and the law of the land; they should be removable only for cause; and ideally they should not be persons whose further career advancement may be dependent on their performance on the electoral body. They should be served by a secretariat accountable entirely to the electoral body. Accountability of the electoral body directly to Parliament is preferable to accountability through the executive government."
- "Political parties must be equally represented on electoral commissions or must be able to observe the work of the impartial body. Equality may be construed strictly or on a proportional basis (see point I.2.3.b). "
- "To ensure that the will of the people serves as the basis of the authority of government, the participating states will: (7.4) ensure that votes are cast by secret ballot or by equivalent free voting procedure, and that they are counted and reported honestly with the official results made public."
- "The fairness of a campaign will be undermined where state resources are unreasonably used to favour the campaign of one candidate or political party. State resources – such as the use of public buildings for campaign events – should be available on an equitable basis to all contestants."
- "The parties should offer access to their programmatic and ideological documents and discussions, to decision-making procedures and to party accounts in order to enhance transparency and to be consistent with sound principles of good governance."
- "In particular, States should: ...Provide for the formation and free functioning of political parties, possibly regulate the funding of political parties and electoral campaigns, ensure the separation of party and State, and establish the conditions for competition in legislative elections on an equitable basis."
- "Unfair incumbency advantages should be addressed and the use of state resources that are not made available to all candidates in the electoral campaign should be prohibited."
- "It [the legal framework] must require that government resources not be used for electoral advantage of any party, candidate or group supporting or opposing referenda or other ballot initiatives."
- "It is the responsibility of the government not to abuse state resources, both human and material (i.e. vehicles, office space and telecommunications), in support of its own candidates."
- "…resources [should be]...distributed in amounts and at times that do not unfairly disadvantage any contestants."
- "Public resources should not be used unfairly."
- "Government office space, vehicles, and telecommunications equipment should not be used for partisan purposes unless equal access is provided to all contestants."
- "In the interest of creating conditions for a level playing field for all political parties and promoting the integrity of the electoral process, parties should not misuse public funds in the electoral process. The electoral law should prohibit the Government to aid or to abet any party gaining unfair advantage."
- "Apart from different forms of funding provided for by law, any party must refrain from receiving assistance, financial or in kind, from any public authorities, particularly those directed by its members."
- "No party may receive clandestine or fraudulently obtained financial aid."
- "Each State Party shall also consider taking appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, to enhance transparency in the funding of candidatures for elected public office and, where applicable, the funding of political parties."
- "The strengthening of political parties and other political organizations is a priority for democracy. Special attention will be paid to the problems associated with the high cost of election campaigns and the establishment of a balanced and transparent system for their financing."
- "Party funding must comply with the principles of accountability and transparency."
- "The candidates, political parties (coalitions) participating in elections should, with periodicity stipulated by the laws, submit to the electoral bodies and/or other bodies, mentioned in the law, information and reports on receipt of all donations to their election financial funds, on their donors as well as on all their disbursements from those funds on financing of their election campaign. The electoral bodies shall provide for publication of the said information and reports in mass media and means of telecommunications mentioned in the laws."
- "Ensure that the accounts of political parties at regional level are published regularly (annually if possible)."
- "The legal framework should require periodic reporting, related to reasonable time intervals, of all contributions received and expenditures made by an electoral contestant. However, the examiner should be realistic about the reporting requirements for any transition democracy."
- "This requires that parties should submit reports at regular intervals."
- "At a minimum, public employees should strictly separate their roles as public servants from any campaign activities they may be involved in. Public employees should not be required to attend campaign events or be coerced to vote for a particular party or candidate."
- "In order to be operative, restrictions on campaign expenditure should also clearly identify what counts as election expenditure and what does not, and should clearly distinguish between campaign and non-campaign spending."
- "Restrictions should also take into account the question of timing and establish a reasonable demarcation of when the campaigns begin. Even though the campaign for one election may really begin almost immediately after the conclusion of the last election, campaign expenditure regulations should clearly identify a formal campaign period. If this period is too short, the effectiveness of spending limits is seriously undermined."
- "Each State Party shall, in accordance with the fundamental principles of its legal system, take the necessary steps to establish appropriate systems of procurement, based on transparency, competition and objective criteria in decision-making, that are effective, inter alia, in preventing corruption. Such systems, which may take into account appropriate threshold values in their application, shall address, inter alia: (a) The public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders; (b) The establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publication; (c) The use of objective and predetermined criteria for public procurement decisions, in order to facilitate the subsequent verification of the correct application of the rules or procedures; (d) An effective system of domestic review, including an effective system of appeal, to ensure legal recourse and remedies in the event that the rules or procedures established pursuant to this paragraph are not followed; (e) Where appropriate, measures to regulate matters regarding personnel responsible for procurement, such as declaration of interest in particular public procurements, screening procedures and training requirements."
- "...[O]bservers and the media should all have the right to receive copies of the official results of each polling station ('protocols') which should also be made available to the general public by posting in a public place."
- "The legal framework should clearly specify that observers can make copies, or shall be given copies, of all protocols, tabulation and tally sheets."
- "At the count observers should pay particular attention to the following points:...the security of the papers at all stages of the count; checking that there is no opportunity to falsify or substitute papers."
- "The legal framework should provide, in clear and objective language, the procedures for transferring the certified copes, results of counting, ballot papers and other election materials from polling stations and other, lower levels of EMBs to intermediate and higher EMBs for consolidation and safekeeping."
- "Result centers should be established in all SADC countries and should be open to the public and used to ensure acceptance of election results."