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.