In order to
manage programmes for the enfranchisement of refugees and plan for their
participation, a regulatory framework must be established. Bilateral agreements
for international organizations to conduct electoral registration programmes in
host countries must be concluded. This framework will structure a political
process that qualifies individuals to vote, produces elected representative
bodies, and contributes to the establishment of post-conflict governments.
There are several policy issues that must be resolved in the course of
developing this regulatory framework.
Entitlement
The
regulatory framework must establish the rules for entitlement or the qualifications
that someone must possess to be eligible to participate. The criteria to be
considered in establishing entitlement include age; intention to return; date
of expulsion from or last residence in the home country; and proof of identity
and eligibility.
Intent to return
Although
consistent standards must be applied, any enfranchisement of refugees must be
considered a temporary arrangement and be organized on an election-by-election
basis. Because the creation of suitable conditions that enable refugees to
return must be the ultimate objective of a peace initiative, the organizers
must assume an implicit intent to return on the part of the refugee. Implicit
intent to return provides the demonstrable link that an individual maintains
with a former community and forms the basis of the assumption of entitlement to
vote.
Residential option
In recent
electoral events, refugees have been offered three options as to the locations
where their political rights can be exercised:
• from their original residence;
• if
internally displaced, from their current residence; or
• from a
future intended residence.
Proof of identity and eligibility
The
procedures by which identity and eligibility are proved can determine the
overall credibility of an election. The procedures employed must specify which
documents will be recognized and must prevent counterfeiting. In cases where
refugees lack personal documentation because of loss or confiscation, a form of
‘social documentation’ may be considered by which enquiries are made and people
can witness to other individuals’ identities and place of residence. However,
although they are unavoidable in many situations, social documentation
processes are difficult to control and police, and complex to administer.
The
election cycle
The type of
election for which refugees or IDPs may vote, and the sequencing of their
voting, must be established in the regulatory framework. The timing of refugee
voting may differ from that of in-country voting. Differential timing can be
advantageous for the practical purposes of expediting the tabulation of the
ballot and the announcement of the results.
Systems
of representation
Systems of
representation that nominally include refugees are often based on pre-conflict
population patterns. The system should also permit refugees to stand as
candidates.
Security
The
refugees must feel secure when voting in asylum. If an election or referendum
is conducted in a climate of intimidation, this will impair the legitimacy of
the result. Security planning should include both people and objects. For
people it should include voters, candidates, observers and the media; and for
objects it should include facilities and commodities. Such security
arrangements must be negotiated with the police and security forces of the host
country.
