The registration
phase encompasses the processes of voter registration, registration of
political parties and candidates, and accreditation of election observers.
Registration may be controversial for a number of reasons. An inaccurate
electoral register may misspell voters’ names, assign them to the wrong polling
places, omit eligible electors and registrants or include non-eligible electors
(for example, people who have died). Such problems will be likely to give rise
to speculation as to whether those mistakes were intentional and part of
electoral fraud. It is therefore important to have a registration process of a
high standard which will ensure that only eligible electors are registered.
Likewise, it is important to ensure that all eligible political parties and
independent candidates have the opportunity to register and compete in
elections. Furthermore, is important to allow interested organizations,
including political parties, civil society and international non-governmental
and governmental organizations, to be accredited to observe the voter
registration, polling and counting processes.
Table 4.
Registration of voters, political parties and election observers
|
A. Improved electoral management and justice
|
B. Improved electoral security
|
C. Improved infrastructure for peace
|
- Ensure that the
voter registration process is conveniently accessible to all eligible
citizens including women and minority groups.
- Ensure that
electoral justice mechanisms have the capacity to effectively resolve complaints
and disputes relating to voter registration.
- Ensure
transparency of and sufficient time for registration of political parties,
party candidates and independent candidates.
- Ensure timely
and transparent accreditation of voter registration observers.
|
- Establish and
maintain close coordination between different SSAs and with an EMB during the
voter registration period through a joint electoral operations centre.
- Provide security
to citizens and officials that participate in registration processes and safeguard
registration materials and facilities.
- Ensure that
citizens face no security challenges while travelling to and accessing the
voter registration facilities.
- Provide a safe
environment for those who wish to put up their nomination, especially for
women candidates.
|
- Observe voter
registration processes and share findings with an EMB.
- In collaboration
with an EMB, build and provide capacity for dispute resolution relating to
the voter registration period.
- Promote
multi-stakeholder collaboration through joint forums that create space for
discussion and coordination of violence prevention during voter registration.
|
A. Improved electoral
management and justice
Improved electoral
management and justice during the registration phase aim to achieve a process
that is technically as good as possible, safe, and trusted. The success of the
registration processes will depend on the quality of the electoral laws, rules
and regulations; the comprehensiveness of operational planning; and the quality
of training and information campaigns. To be able to address emerging issues,
an EMB must have a good situational awareness and operational agility to engage
in resolving challenges that arise. This may include modification of
operational plans relating to the establishment of voter registration centres
and revision of the procedures and timelines relating to registration of
voters, parties, candidates and observers. An EMB will benefit from credible
election observation groups and therefore needs to be transparent in its work.
The environment in which registration takes place should be safe and secure,
while all related complaints are resolved effectively.
- Ensure that the voter registration process is
conveniently accessible to all eligible citizens including women and minority
groups.
Voter registration may be
passive or active, depending on whether eligible citizens are included in the
electoral registers automatically, on the basis of the civil registry data, or
are required to register by visiting designated voter registration locations.
Passive voter registration requires an accurate and trusted citizen register.
In many countries with a citizen register, this is not of sufficient quality to
be used to extract an electoral register and voter registration needs to be organized
in order to establish and maintain the electoral register. Most often, an EMB
is mandated to organize these processes. Critical elements of voter
registration relate to voters’ awareness, the procurement and dissemination of
voter registration equipment and materials, administrative procedures, the
professionalism of staff, trust and transparency.[1]
Preparations need to start early on. Procedures for voter registration
must be clear and concise, and voter registration staff must be professional
and well trained. They must be impartial and transparent in their work. The EMB
should be in contact with other electoral stakeholders during the over
registration process - especially with political parties as they play a crucial
role in endorsing the voter registration process. In addition, the voter
registration process must be accessible to all men and women, in particular
marginalized and vulnerable groups. In post-conflict or conflict-prone
countries, voter registration should ensure that refugees and internally
displaced people (IDPs) are given an opportunity to register for voting. This
may require special arrangements in terms of personal identity documentation
needed for the voter registration, such as a refugee or ID card. Also, citizens
of all geographical regions, regardless of their gender, ethnicity and race,
must have equal access to the voter registration locations.
A new voter registration system increases the
credibility of the 2008 parliamentary elections in Bangladesh. The 2007
parliamentary elections in Bangladesh were postponed due to a growing political
crisis, demonstrations and violent incidents that had marked the pre-election
period. Among other things, the EMB was criticized for lack of action to ensure
the credibility of the electoral registers. These had last been updated in
2000, and it was estimated that they included
10 million ‘ghost voters’, which could lead to widespread fraud on polling day.
Following the cancellation of the 2007 parliamentary elections, the newly
appointed Bangladesh Electoral Commission (BEC) implemented a number of
reforms, among them a new voter registration process. The BEC initiated a new
voter register with photographs and other biometric data details. The
registration centres were managed by the armed forces, mainly because they were
the only institution in the country with the manpower and the technical and
logistical expertise to complete the process on time. In addition, the army
enjoyed public trust. Technical assistance was provided by the UNDP, while
several civil society organizations engaged in a widespread voter and civic
education programme. The accuracy of the electoral register was verified by an
independent audit which affirmed that 99 per cent of the eligible electorate
were on the register. The process was characterized as both careful and
transparent and generated high levels of public trust in the upcoming elections
and in the BEC. The level of election-related violence was also considerably
lower in the run-up to the December 2008 elections compared to the levels of
violence reported in the 2007 pre-election period. This was believed to be in
part due to the electoral reforms.[2]
- Ensure that electoral justice mechanisms have the
capacity effectively to resolve complaints and disputes relating to voter
registration
The way in which electoral
processes are implemented may sometime open the process to legal challenges.
Participation in the registration phase will be massive, involving citizens,
political actors and observer groups, and the number of complaints can
therefore be very high. Adequate dispute resolution capabilities should
therefore be put in place to ensure that complaints are resolved efficiently
and professionally. Dispute resolution mechanisms can take different forms. Administrative
challenges, which are the most common type, are usually addressed and
resolved by an EMB. Contested decisions can be revisited either by the EMB or
by a higher-ranking organ, such as an electoral court, high court or even a
constitutional court.[3]
This system is widespread. Judicial challenges are addressed, as defined
by law, to judicial bodies, which may be regular or administrative courts, a
constitutional court or special electoral courts. Likewise, legislative
challenges systems allow legislative bodies or other defined political
assemblies to resolve electoral disputes.[4]
The Independent High Electoral Commission of
Iraq strengthens its capacity to adjudicate voter registration complaints ahead
of the 2010 general election. The Iraqi general election in 2005 witnessed
numerous cases of election-related violence.[5] During
the run-up to the 2010 National Assembly elections, the Independent High
Electoral Commission of Iraq (IHEC) undertook an update of the voter register.
During the updating, the IHEC increased its institutional capacity to handle
legal complaints. In Kirkuk in particular the IHEC established close
cooperation with the Global Justice Project–Iraq (GJPI). Through this
collaboration, three electoral dispute experts were brought on board to support
the IHEC and the Kirkuk Governance Electoral Office (GEO) with the
‘adjudication of complaints concerning voter registration’. Practical work
included the categorization of appeals, organizing responses to appellants and
the compilation of an electronic archive of voter registration cases. This
allowed the IHEC and the GEO to process disputes in a timely manner, ensuring a
minimal backlog of undecided cases. Ultimately, this helped the IHEC to publish
the final voter register without delays.[6]
Dispensing electoral justice—maintaining a
credible voter register in South Africa. A voter register that is out of date or
inaccurately compiled, or excludes eligible voters, has the potential to
jeopardize the credibility and integrity of the entire electoral process. In
South Africa voters are required to register to vote in the voting district in
which they reside. An objection to the voter register may relate to a voter’s
inclusion, exclusion or registration details. A common objection relates to a
voter’s being registered in a district in which the objector believes he or she
does not reside. Objections must be lodged with the Independent Electoral
Commission (IEC), which is required to investigate the objection and respond
within 14 days. The investigation involves verifying the residential
address of the voter. The Chief Electoral Officer of the IEC then needs to
implement the decision of the Electoral Commission within three days. All eight
general elections in South Africa, since the 1994 liberation elections, have
been declared free and fair—underpinned by a credible voter register.[7]
- Ensure transparency of and sufficient time for
registration of political parties, party candidates and independent candidates
Legal requirements guiding the
registration of political parties and candidates are usually included in the
electoral legal framework. These may relate to geographical or gender
representation, authenticating citizens’ support, minimum requirements with
respect to founding documents, financial disclosure and so on. Sufficient time,
fair requirements, clarity and transparency in the registration procedures, and
the existence of electoral justice mechanisms to deal with complaints will
ensure that the registration is a ‘level playing field’ in which rules are not
designed and applied to favour or disfavour specific actors. Provisions may
deny registration for individuals convicted of criminal offences and human
rights abuses, or those linked to illegal armed groups.[8]
Candidates with a record of stirring up electoral violence may also be
disqualified through vetting procedures. However, EMBs must ensure that their
mandate to disqualify candidates is not used for political reasons and, if such
fears do exist, that they are properly addressed.
New political party and candidate registration rules are introduced to
address election-related violence during the Bangladesh 2008 parliamentary
elections. The 2007
parliamentary elections in Bangladesh were postponed due to a growing political
crisis and violence that started during the pre-election period. To address
cases of violence, the new Bangladesh Electoral Commission (BEC) introduced a
new election law that required all political parties to register with the BEC.
This had not been the case previously. To be allowed to register, all political
parties were required to enhance their internal democratic procedures. Specific
provisions included establishment of internal election committees, nomination
of parliamentary candidates based on the recommendations of committees at
grass-roots level and agreeing to fill at least one-third of all party
committee seats with women by 2020. Party constitutions were also required to
ban affiliated bodies such as student and labour groups. These groups had been
involved in partisan violence in the past. The amendments also introduced new
transparency requirements for candidate nominations to ensure that ‘clean’
candidates run for seats. Several parties opposed the reforms, but ultimately
all the major parties were registered.[9]
- Ensure timely and transparent accreditation of voter
registration observers
Political parties and
candidates, domestic civil society groups and international non-governmental
and governmental organizations are interested in observing electoral processes,
including voter registration. Their engagement in electoral processes may have
multiple benefits for the process, including a decrease in manipulation and
fraud, and increased credibility of elections. To ensure the professionalism of
observers, an EMB should work together with observer organizations to organize
joint training courses, thus ensuring that observers are well informed about
relevant procedures, operational details, and the roles and responsibilities of
different stakeholders in electoral processes. The guiding reference documents
that can be used to strengthen the training of observers are: (a) the
Declaration of Global Principles for Nonpartisan Election Observation and
Monitoring by Citizen Organizations,[10]
and (b) the Declaration of Principles for International Election
Observation and Code of Conduct for International Election Observers.[11]
The Kenyan EMB, the Independent Electoral and
Boundaries Commission, accredits long-term electoral observer missions ahead of
the voter registration process. Following the outbreak of election-related
violence in 2007-08, the Krieger Commission found that the poor performance of
the Election Commission of Kenya (ECK) contributed to these problems, in part
due to the lack of transparency which “leads to the publication
of inaccurate and alarming documents on the subject.”[12]
To address
previous weaknesses, the Independent Electoral and Boundaries Commission (IEBC)
set up a new voter registration process, using biometric voter registration
equipment. To enhance public confidence in the process, the IEBC invited
electoral observation organizations to observe the voter registration
processes. Among others, the European Union (EU), The Carter Center and the
East African Community (EAC) accredited long-term observers (LTOs) to observe
biometric voter registration.[13]
Before the deployment of LTOs, accredited organizations conducted
meetings with key electoral stakeholders, including the police, civil society
organizations and the donor community. These pre-assessment meetings allowed
the EAC to ‘prepare for the deployment of an election observation mission’
which included 30 LTOs and 25 short-term observers (STOs).[14]
B. Improved electoral security
During the
registration period, a large number of voter registration centres have to be
established. This increases the demand for a security presence and protection.
The main electoral actors that need protection include male and especially
female electoral officials, election observers, and political party
nominees/candidates, as well as vulnerable and marginalized groups. In
addition, security arrangements need to be put in place to safeguard electoral
facilities and registration materials and equipment while being transported or
stored. Security sector agencies may have to deal with ‘no-go zones’ where
registration is not taking place because of lack of security.[15]
- Establish and maintain close security coordination
between different SSAs and with an EMB during the voter registration period
through a joint electoral operations centre
Joint electoral operations
centres (JEOCs) combine military-police-civilian communications and
coordination centres.[16]
The establishment of a JEOC may serve the purpose of enhanced collaboration
between different security sector agencies that share electoral security
mandates and an EMB during elections. These centres have been essential in the
planning and implementation of electoral security strategies in post-conflict
environments where security responsibilities are shared between national and
international security stakeholders. Examples of international peacekeepers
initiating the formation of JEOCs include Bosnia and Hercegovina, Kosovo and
Liberia. This practice may be applicable in a context where international
peacekeepers are not present.
A Joint Registration Taskforce is set up during
the voter registration phase ahead of the 2000 municipal elections in Kosovo. After the armed
conflict in Kosovo, which saw approximately 12,000 deaths and over 200,000
refugees, the United Nations Interim Administration Mission in Kosovo (UNMIK)
was established to govern the province until its future status was determined.
Ahead of the 2000 municipal elections, UNMIK and the Organization for Security
and Co-operation in Europe (OSCE) had the responsibility for administrating
civil and voter registration.[17]
To address registration challenges, UNMIK and the OSCE set up a Joint
Registration Taskforce (JRT). With respect to security issues, the JRT involved
the NATO-led international Kosovo Force and the international policing
component of UNMIK. Additional security was carried out by the Kosovo Police
Service which was at the time subordinated to the UNMIK Police.[18]
- Provide security to citizens and officials that
participate in registration processes and safeguard registration materials and
facilities
Citizens need adequate
security guarantees to engage in voter registration.[19]
Not all voter registration centres may face security risks, and the deployment
of SSAs should reflect risk levels. When risks are very high and security
agencies lack sufficient resources to provide adequate security to all
locations, SSAs may work closely with an EMB to organize mobile voter
registration centres. These should allow the registration of citizens in
high-risk areas while at the same time safeguarding them properly. However,
such a decision may create logistical complexities and increase the exposure of
election staff and security sector personnel during relocation. If such a
decision is taken, it is crucial that the EMB carries out an information
campaign stating clearly the dates and times when the mobile voter registration
centre will be visiting particular locations. The integrity and transparency of
the process must be maintained. It is also important to balance the presence
and visibility of security sector agencies. Ideally, they should be visible to
the extent sufficient to deter violence, but without scaring potential
registrants off.[20]
Security sector agencies cooperate closely in
providing security during voter registration ahead of the 2010 parliamentary
election in Iraq. Elections in Iraq are organized in a complex security environment.
Security for the voter registration centres (VRCs), governorate electoral
offices (GEOs) and sensitive materials (including escorts for convoys
transporting materials) was provided by the Iraqi Security Forces (ISF)
throughout the voter registration phase. Ahead of registration, the ISF and
field security officers categorized each VRC as a high-, moderate- or low-risk
location and deployed protection based on the threat ratings. Protection to the
VRCs was provided by the Iraqi police or army or a combination of the two. In
terms of coordination, election security was maintained through an Elections
High Security Committee composed of the Independent High Election Commission
(IHEC), the Iraqi Ministry of Interior (MoI), the Ministry of Defence (MoD),
the Office of the National Security Advisor, the Multi-National Force, and the
United Nations Assistance Mission for Iraq (UNAMI). On the local level, IHEC
field security personnel, located in each GEO and working with other security
sector agencies (the Iraqi MoI and MoD liaison officers attached to each GEO),
were tasked with planning and implementing security procedures for their GEO
and VRCs.[21]
- Ensure that citizens face no security challenges while
travelling to and accessing the voter registration facilities
Some citizens, in particular
women and marginalized groups, but also vulnerable groups such as ethnic and
religious minorities, IDPs and others, may face increased security challenges
in reaching voter registration centres. This may entail exposure to
psychological intimidation and physical attack. Strategies for protecting these
voters may include increased security on the main routes they use to access the
voter registration facilities, or the organization of mobile centres that will
bring the voter registration process closer to marginalized and vulnerable
groups.
The armed forces and police establish
checkpoints to increase security during the 2012 voter registration in the
Philippines. Past elections in the Philippines have witnessed numerous incidents in
which citizens and candidates were the victims of election-related violence
perpetrated by armed groups. During voter registration in the Autonomous Region
in Muslim Mindanao in 2012, the Armed Forces of the Philippines (AFP) and the
Philippine National Police (PNP) were tasked with ensuring the safe conduct of
the voter registration process that was carried out by the Commission on
Elections (Comelec). In coordination with Comelec, security checkpoints, manned
by soldiers and police officers, were established to enforce a ban on private
individuals carrying guns. This measure was deployed to ‘ensure a safe,
peaceful conduct of a region-wide voters’ listing process’. The army also
monitored 900 election hot spot areas and movements by partisan groups during
the voter registration period in the provinces of Maguindanao, Lanao Del Sur,
Suli and Twai-Tawi.[22]
- Provide a safe environment to those seeking nomination
Standing as a political party
or independent candidate in elections may, in some countries and social
contexts, entail exposure to potential psychological or physical violence
perpetrated by political opponents or dominant or majority groups. This is
particularly true where women stand as candidates in societies that are
traditionally dominated by men or where religious dogmas are abused to suppress
equality. Similar challenges may be faced by ethnic and religious minority
group candidates or members of the lesbian, gay, bisexual, and transgender
(LGBT) community. Security sector agencies should gather intelligence and take
concrete measures to identify problems and create a safe environment in which
all citizens can safely put up their political nomination and participate in
the electoral processes.
Security arrangements for candidates put in
place ahead of the Philippine mid-term 2013 elections. In 2009, a group
of 58 people, heading towards an election office to file a candidacy for the
Deputy Mayor of the town of Buluan, were abducted and killed.[23] Ahead of the 2013
elections, the Philippines Commission on Elections (Comelec) issued a
resolution that allowed political candidates running for senators’ positions to
apply for security personnel or bodyguards. These may be ‘regular members of
the national police or the armed forces, or the National Bureau of
Investigation, and as augmentation, duly licensed/authorized protective agents
of private detective agencies or accredited private security agencies, to
provide security, for the duration of the election period’. Candidates for all
other local elective positions may, upon application, be authorized to employ,
avail themselves of and engage the services of no more than two duly
licensed/authorized protective agents of private detective agencies or
accredited private security agencies, to act as their security personnel or
bodyguards within the duration of the election period.[24]
The Nigerian Police provide security during
political party primaries ahead of the April 2011 general election. Election-related
violence has accompanied previous elections in Nigeria. To avoid ‘those who
lost out in the primaries ganging-up to cause chaos in the state’,[25]
the Nigerian Police increased security during state and national political
party primaries.[26]
During the political party primaries ahead of the 2011 general election,
a total of 17,000 security officers were deployed into regular, anti-riot and
anti-bomb units. The security provided to venues and the delegates was
coordinated by the Nigerian Police, the State Security Services and the
National Security and Civil Defence Corps.[27]
C. Improved infrastructure for
peace
Starting the
registration phase will increase the need for extended collaboration among
various state and non-state actors which, as part of the national peace
architecture, work to support peaceful elections. In particular, collaboration
with the EMB and SSAs will gain new impetus. Obtaining accreditation to monitor
electoral processes may be a first step that CSOs should focus on. They also
need to build communication routines that will allow them to share relevant
information and analysis with the EMB and explore the potential to work with it
in providing support to dispute resolution. This may include the establishment
or promotion of multi-stakeholder collaborative forums where the prevention and
mitigation of election-related violence during registration processes can be
coordinated.
- Observe
voter registration processes and share findings with an EMB
It is well established that
observation and monitoring of highly contested processes, such as elections,
may have a violence-prevention effect. This is especially true when impartial
and reputable stakeholders, domestic or international, do the observation. CSOs
should therefore collaborate in ensuring that their observers are accredited to
observe voter registration processes. If the observers’ presence is not
sufficient to deter violence, they will be able to make a record of incidents
that includes details about the perpetrators, victims and circumstances that
triggered these incidents. In addition to observing incidents at the voter
registration locations, CSOs should engage in the collection of data relating
to electoral violence that occurs outside voter registration facilities, and
may relate to intimidation, threats and physical violence directed against
citizens, political actors, journalists, and so on. It may be particularly
useful to disaggregate the data and show to what extent the perpetrators of
violence target women registrants, candidates and journalists. The data
collected should be shared with relevant stakeholders, including the EMB, law
enforcement agencies and other organizations that have a mandate to prevent and
mitigate electoral violence or an interest in doing so. In some instances, it
may be productive to make these data publicly available through websites or the
media.
Domestic CSO observers record incidents of
violence and intimidation during the voter registration period ahead of the
2011 Nigerian presidential elections. The Nigerian elections held in 2003 and 2007
were marked by widespread election-related violence. Ahead of the national
elections in 2011, Project 2011 Swift Count was initiated. It brought together
a consortium of CSOs and religious groups, both Christian and Muslim, to
promote peaceful, free and fair elections through independent citizen
observation. The objective of the project was to provide all electoral
stakeholders, including the Independent National Electoral Commission (INEC),
with independent, non-partisan, comprehensive and detailed information on the
conduct of the electoral process. For the voter registration exercise,
approximately 1,000 volunteers were trained, accredited and deployed throughout
all of Nigeria’s 36 states as well as the Federal Capital Territory. Among
other things, observers were requested to record incidents of individuals
attempting to disrupt the registration exercise as well as incidents of
intimidation and violence. Furthermore, observers were required to make a note
of security personnel present at the registration centre. Observers were
requested to send their reports on a daily basis using their mobile phones to
the National Information Centre where the data were reconciled. The observation
and reporting also covered voting operations and vote counting. Throughout the
process, Project Swift Count communicated its findings through public reports
and statements which included recommendations with the INEC.[28]
- In
collaboration with an EMB, build and provide capacity for dispute resolution
relating to the voter registration period
The implementation of voter
registration on a large scale may be very challenging. For example, determining
citizens’ eligibility to register for voting in a post-conflict environment
where record books have been destroyed and people have been displaced on a
massive scale may involve exceptional operational and political challenges.
Furthermore, voter registration may involve complex procedures that are prone
to technical glitches and human error. Voter lists ought to be maintained in a
manner that prevents the unlawful or fraudulent registration or removal of
persons. But, if crises still arise from the perception that the voter
registration process is being manipulated in order to disenfranchise particular
individuals or groups, it is important to address them in a timely and
effective fashion. Where electoral justice institutions lack capacity to deal
with electoral disputes effectively, or they enjoy little trust among political
actors, it may be beneficial to promote the use of traditional dispute
resolution mechanisms in the management of disputes relating to voter
registration. This is not to replace electoral justice institutions, but rather
to open up additional channels that can produce outcomes that will be accepted.
In some instances, mediation by reputable and knowledgeable individuals will
resolve the matter instantly and avoid the sometimes long and complicated
processes that will lead to an administrative or judicial ruling. Engagement of
non-state actors in the mediation of electoral disputes should always be done
with the consent of, and in collaboration with, the EMB and backed by relevant
legislation.
- Promote
multi-stakeholder collaboration through joint forums that create space for
discussion and coordination of violence prevention during voter registration
Improved coordination during
the voter registration phase between non-state and state actors which work to
support peaceful elections will help non-state and state actors to build an
understanding about the efforts and strategies of individual organizations in
this regard. This information will be useful in ensuring that different
organizations cooperate in such a way that they reinforce each other, and that
possible gaps are identified and addressed. If such collaborative forums have
not already been established by an EMB or other state actors, or do not include
non-state participants, non-state actors may take the initiative to establish
and maintain such forums. In that case, they should involve the EMBs and SSAs
in discussions.
[7] Contribution
from the Independent Electoral Commission of South Africa (IEC) by Mosotho
Moepya, Chief Electoral Officer of the IEC, and Stuart Murphy, Manager,
Delimitation and Voting of the IEC, 30 April 2013.
[23] See:
<http://factsanddetails.com/southeast-asia/Philippines/sub5_6b/entry-3856.html>,
accessed 19 September 2018