In some countries, the legal framework provides for a two-stream procedure for the appointment of EMB members: one for the chair and another for all other members. In Ghana, Guyana, Lithuania, Pakistan, Thailand and Uruguay, the EMB chair (sometimes called the EMB president) serves as a ‘first among equals’ and is appointed by the head of state/government at a level higher than the other members. The chair of the Ghanaian EMB is appointed at the level of a senior judge, while other members are at the level of judges of a lower court. In the Solomon Islands, the speaker of parliament becomes the chair of the EMB.
Where the EMB chair is appointed on different terms than the other members and at a higher level, he or she tends to play a more prominent role, over and above that of presiding over the EMB’s meetings. He or she may have additional powers related to matters such as chairing various EMB internal subcommittees, actively supporting the secretariat in policy implementation and monitoring, and liaising with stakeholders. In Lithuania, for example, the EMB chair has specified powers to hire and fire staff; to keep and direct the use of the EMB seal; and to represent the EMB in state institutions, in court and in international organizations. In Liberia, the chair of the National Elections Commission is also by law the official spokesperson for the commission, although secretariat staff carry out the day-to-day work of maintaining contact with the media.
In countries such as Bosnia and Herzegovina, Costa Rica, Guam, Moldova, Russia, South Korea, Ukraine and Uzbekistan, all EMB members are appointed on the same terms, and the chair (and in some cases the vice chair and secretary) is elected by his/her peers after the first meeting. In Mozambique, the chair is elected from among the civil society representatives. In Bosnia and Herzegovina and in Guam, the elected chair serves for only part of the commission’s term. When the chair is elected from within the EMB, the chair’s main responsibility is to preside over the meetings of the commission and/or its subcommittees if necessary.
There are no specific advantages or disadvantages associated with appointing the EMB chair as a first among equals or having members of the EMB select their chair from among themselves. The appropriate practice depends on the context in which the EMB structure was originally designed and continues to function.
The case for a ‘first among equals’ EMB chair is stronger where an EMB is nascent and requires some nurturing, and the position is full time. This may also apply where the chair is a full-time position and other members are part time. Where the EMB is a part-time body, it may be more appropriate for the chair to be elected by his or her peers and for him or her to have the same conditions of service as all other EMB members.
