Electoral Observation Responsibilities
While independent election observation, by its nature, is conducted outside the control of the EMB, electoral legal frameworks often give EMBs functions related to observation. It is good practice for an EMB to accredit observers, guarantee their rights of observation, provide them with accreditation credentials and comprehensive background briefing materials, and define observers’ responsibilities, often in a legally enforceable code of conduct. Independent observation, especially in emerging democracies, can be a critical component of building public confidence in electoral processes.
Independent observation, by both domestic and international observers, by its nature must be free of control and interference by the EMB or any other authority, except those controls necessary to ensure observers’ authenticity, impartiality, and safety and to prevent disruption of electoral processes. Just as electoral laws take note of a country’s international treaty obligations, so too an EMB’s powers and functions in relation to observers need to recognize international standards – such as the United Nations-endorsed Global Declaration of Principles and Code of Conduct for International Electoral Observation from 2005. Attempts to place impediments in the way of observation – such as charging a high fee for registration of each observer, or to over-regulate observation, such as the requirement in Indonesian electoral law that observers report all observation results to the EMB before publicly announcing them - may be seen as contrary to international standards.
United Nations: Declaration of Principles for International Election Observation and Code of Coduct for International Election Observers (2005)
Organized National Election Observation
