While independent election observation, by its nature, is conducted outside EMB control, electoral legal frameworks often assign EMBs observation-related functions. It is good practice for an EMB to accredit observers, guarantee their rights of observation, provide them with 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 citizen and international observers, by its nature must be free of control and interference by EMBs or any other authority, except those controls necessary to ensure observers’ authenticity, impartiality and safety, and to prevent the disruption of electoral processes. Just as electoral laws take into account a country’s international treaty obligations, an EMB’s observer-related powers and functions must recognize international obligations and good practices—such as the UN-endorsed Global Declaration of Principles and Code of Conduct for International Electoral Observation. Attempts to place impediments in the way of observation—such as charging a high fee for the registration of each observer—or to over-regulate observation may be contrary to international principles. EMBs often insist that observers are accredited before being admitted to polling places, and have created agreed upon codes of conduct in some places, such as Cambodia and Liberia.