Political Party Codes of Conduct

A code of conduct for political parties is usually a voluntary agreement on rules of behaviour for political parties and their supporters during an election campaign. Especially in transitional countries where the rule of law is not yet developed and trusted, the goal of establishing a code of conduct can help political parties agree on accepted rules of the game and increase confidence in the electoral process. Codes of conduct that involve encouraging or requiring political parties and candidates to meet regularly during the election campaign can contribute to avoiding violent conflicts and increase public support for the democratic process.

A code of conduct for political parties may be developed in any of several ways and can be quite diverse in character:

1. It may be a part of the electoral law, determined by the sovereign authority in a country.
2. It may be agreed by political parties, as an outcome of negotiations entirely among themselves, or, more commonly, as a result of negotiations moderated by a third party.
3. It may be agreed by the parties, and then embodied in law.
4. It may be determined by a third party, such as the electoral management body (EMB).

Voluntary Codes of Conduct

An emphasis is often put on the importance of the voluntary aspect of the codes of conduct. The reasons for this include:

1. Political parties are more likely to feel bound by commitments into which they have freely entered, and therefore may be more likely to fulfil those commitments.
2. Parties to a voluntary code of conduct are able to bind themselves, and each other, to conduct or refrain from conduct that might otherwise conflict with international or constitutional obligations such as the freedom of speech or association.
3. By participating in consultation, development, and use of a voluntary code, political parties contribute positively to the style and culture of campaigning.

Who does the Code of Conduct apply to?

A code of conduct should explicitly bind at least:

1. The parties, including political parties and independent candidates; and
2. through the control of each party, its leader, officials, candidates, and, ideally, its members.

To the extent that is reasonable in the prevailing local circumstances, a party should be expected to:

1. exercise control over the activities of its supporters; and
2. be responsible for violations of the code by its supporters, or at least make a good-faith effort to make supporters aware of the code and encourage them to abide by it.

If a voluntary code of conduct is subsequently incorporated in a law, the law or the general legal framework will determine who is bound by the Code.

During what period will the Code apply?

The period will vary from case to case: in some circumstances, it will be the election period as provided by law; in other cases, the Code itself may specify a time for its application.

The Code should always apply to the period from the specified beginning of campaigning until the announcement and certification of the results.

Beyond that, a Code should apply to any period during which violations of it might have a particularly dramatic effect on the integrity of the election process. This could include the periods for political party registration, voter registration, and candidate nomination, all of which will fall before an official campaign period.

Many of the provisions in a typical code of conduct, for example those that reflect and reinforce general human or political rights, would be operative at all times.

Relationship of a Code of Conduct to the electoral law Electoral legislation will generally set out the procedures and mechanisms to be used when dealing with complaints and disputes regarding the electoral process. Those provisions will differ from country to country, both in detail and in content and may affect how the code of conduct is enforced. For example, a country’s electoral law may provide for adjudication or other mechanisms, such as mediation, to deal with infringement of a code of conduct or disputes arising from such an infringement.

What sanctions will apply to breaches of the Code?

The most basic sanction, which should apply in virtually all cases, is the public exposure of a failure to comply with the Code by a party, or by those persons for whose conduct a party has some responsibility. The type of sanction may vary from country to country.

If the Code is incorporated in a law, criminal or civil penalties could apply, and other specific electoral penalties, such as the disqualification of candidates or parties, may also be possible.

Whatever legal or other sanctions are established, a party and its members have to be able to clearly understand their obligations. Therefore, it is important that both the obligations and the sanctions be clearly spelled out in legal form.

Relationship of a Code of Conduct to Human Rights Codes Typically, a code of conduct will incorporate generally accepted provisions embodying basic human and political rights. However, some of its more valuable provisions may be:

1. those that require self-restraint by the parties in the exercise of their rights; and
2. the procedures which are to apply when the rights of different parties may potentially be in conflict.

Desirable forms of self-restraint, and the procedures for managing conflicting rights, will be determined by such factors as:

1. the political traditions and culture of a country;
2. the threats which may exist to the electoral process; and 3. the prevailing institutional framework.

In the past, the importance of each country’s specific circumstances has been reflected in considerable variations in national codes.

Implementing the Code of Conduct

For a voluntary code of conduct to be useful, the parties must be committed to it, viewing it not merely as a set of mechanical rules, but as a set of principles to be honoured in spirit as well as in letter. No single Code can ever anticipate and make appropriate prescriptions for the diversity of situations that may be encountered in the course of elections. In all cases, a code of conduct must be implemented with common sense and in good faith.

The parties who negotiate a code of conduct should expect to:

1. Meet regularly after the Code has been adopted to discuss observing and implementing the Code over the campaign period. The duty to participate in these meetings could be an obligation in the Code.
2. Meet before, and in the early stages of, an election campaign to discuss the Code. These meetings can be a valuable step towards a tolerant electoral campaign.

Content of Political Party Codes of Conduct

The following are core prescriptions generally accepted as applicable to the behaviour of political parties during a democratic election campaign.

Application of the Code

In this code, “party” includes:

a) any entity that subscribes to this Code of Conduct, including political parties, independent candidates, alliances or coalitions of parties, and political movements other than parties; and

b) the leader, officials, candidates, members, agents, and representatives of any entity that subscribes to this Code of Conduct. However, the party isn’t fully liable for its members if it makes a good-faith effort to inform its members of the code and encourage them to abide by it.

Principles of the Code

a) The legitimacy of a government chosen through democratic multi-party elections rests on these principles

• that as a result of being informed through the electoral campaign of the policies and qualities of all political parties and candidates, voters are able to make an informed choice; and
• that voters are able to vote freely, without interference, fear, undue influence, or bribery.

b) All parties, having accepted this election campaign Code of Conduct, commit themselves to these principles and undertake voluntarily and in good faith to adhere to the Code so that:

• these principles will be upheld;
• the elections will be recognized as expressing the free choice of the voters; and
• the result of that choice will be respected by all

c) In any matter relating to the election process, a party will conduct itself in conformity with the prescriptions set out below.

Compliance with the Code

a) A party that has subscribed to this Code:

• is bound by the Code
• will take decisive steps to prohibit leaders, officials, candidates, and members from infringing the Code;
• will take all reasonable steps to discourage any type of conduct by their supporters which would, if undertaken by a party official, candidate, or member, be in breach of the Code; and
• will not abuse the right to complain about violations of the Code, nor make false, frivolous, or vexatious complaints.

b) The leader of a party that has subscribed to this Code will issue directives to the party’s officials, candidates, members, and supporters, requiring each of them to:

• familiarize themselves with the Code;
• observe the Code; and
• take all other necessary steps to ensure compliance.

Adherence to the law

A party that has subscribed to this Code will adhere to existing election laws, rules, and regulations as well as any that are legally instituted subsequent to the signature of this Code.

Campaign management

a) A party that has subscribed to this Code will

• respect the right and freedom of all other parties to campaign, and to disseminate their political ideas and principles without fear;
• conduct itself in a manner that respects the rights of other parties, and respects the rights of voters and other members of the community;
• respect the freedom of the press;
• use its good offices to seek to ensure reasonable freedom of access by all parties to all potential voters; and
• seek to ensure that potential voters wishing to participate in related political activities enjoy the freedom to do so.

b) A party that has subscribed to this Code will not

• harass or obstruct journalists who are engaged in their professional activities, or disrupt, destroy, or frustrate the campaign efforts of any other party;
• prevent the distribution of handbills and leaflets, and the display of posters, of other parties and candidates;
• deface or destroy posters of other parties and candidates;
• prevent any other party from holding rallies, meetings, marches, or demonstrations;
• seek to prevent any person from attending the political rallies of another party; or
• encourage its supporters to do anything prohibited by this section or condone such actions.

The election process

a) A party that has subscribed to this Code will:

• co-operate with election officials in order to ensure: peaceful and orderly polling; and complete freedom for voters to exercise their right to vote without being subjected to any annoyance or obstructions ensure the safety and security of electoral officials before, during, and after the polls; * maintain and aid in maintaining the secrecy of the voting.

b) A party that has subscribed to this Code will not:

• procure votes by forcible occupation of polling stations or through illegal activities in the polling stations;
• interfere unjustifiably or in bad faith with the duties of election officials, or disturb the process of casting or counting votes; or
• falsely assert to voters that their votes will not be secret.

Accepting the outcome of a free and fair election

A party that has subscribed to this Code will:

• accept the outcome of an election that has been certified;
• submit any grievance only to the relevant dispute settlement agency; and
• accept and comply with, and encourage its members and supporters to accept and comply with, the final decision of the dispute settlement agency.

Language

a) A party that has subscribed to this Code will:

• organize and conduct its election campaign in a manner that contributes toward a congenial and peaceful atmosphere during the campaign period, the polling, the counting, and the post-election period; and
• act with a sense of responsibility and dignity befitting its status.

b) Speakers at political rallies will avoid using language that:

• is inflammatory, or defamatory; or
• threatens or incites violence in any form against any other person or group of persons

c) A party that has subscribed to this Code will not issue, either officially or anonymously, pamphlets, newsletter, or posters containing language or material that threatens or incites violence.

Symbols

A party that has subscribed to this Code will not:

• imitate the symbols of another party;
• steal, disfigure, or destroy political or campaign materials of another party; or
• encourage its supporters to do anything prohibited by this section or condone such action.

Intimidation and violence

a) A party that has subscribed to this Code accepts that intimidation, in any form, is unacceptable, and will:

• issue directives expressly forbidding its officials, candidates, members, and supporters to intimidate any person at any time;
• campaign against violence or threats of violence, and against any acts of vandalism or public disorder committed by or threatened by their officials, candidates, members, or supporters, and publicly denounce any such action; and
• respect other persons and parties, and their property

b) The leader of a party that has subscribed to this Code will instruct the party’s officials, candidates, members, and supporters that no weapon of any kind, including any traditional weapon, may be brought to any political rally, meeting, march, or other demonstration.

c) A party that has subscribed to this Code will not:

• engage in or permit any kind of violent activity to demonstrate party strength or to prove supremacy;
• cause damage to any private or public property; or
• permit its supporters to do anything prohibited by this section.

Abuse of position

a) A party that has subscribed to this Code will not:

• Abuse a position of power, privilege, or influence for a political purpose, by offering a reward, threatening a penalty, or by any other means; or
• use official State, Provincial, Municipal, or other public resources for campaign purposes.

b) In this section, a “position of power, privilege, or influence” includes a position of parental, patriarchal, governmental, police, military, or traditional authority.

Corrupt practices

A party that has subscribed to this Code will not:

• coerce or offer monetary or other kinds of inducements to persons, directly or indirectly, to vote for or against a particular party or candidate, to surrender or destroy their voter registration card, or to abstain from voting;
• coerce or offer monetary or other kinds of inducements to persons, directly or indirectly, to stand or not to stand as candidates, or to withdraw or not to withdraw their candidacies; or
• procure the support or assistance of any official or civil servant to promote or hinder the election of a candidate.

Continued Communications

a) A party that has subscribed to this Code will:

• make every effort to maintain communication with other parties that have subscribed to this code;
• participate in forum for the discussion of issues of common concern during an electoral campaign established by the parties that have subscribed to this Code.

The committee will comprise representatives of: political parties contesting candidates; and * officials from the Electoral Management Body (EMB).