A code of conduct for political parties is usually a voluntary agreement on rules of behaviour for political parties and their supporters during an election campaign. Especially in transitional countries where the rule of law is not yet developed and trusted, the goal of establishing a code of conduct can help political parties agree on accepted rules of the game and increase confidence in the electoral process. Codes of conduct that involve encouraging or requiring political parties and candidates to meet regularly during the election campaign can contribute to avoiding violent conflicts and increase public support for the democratic process.
A code of conduct for political parties may be developed in any of several ways and can be quite diverse in character:
- It may be a part of the electoral law, determined by the sovereign authority in a country.
- It may be agreed by political parties, as an outcome of negotiations entirely among themselves, or, more commonly, as a result of negotiations moderated by a third party.
- It may be agreed by the parties, and then embodied in law.
- It may be determined by a third party, such as the electoral management body (EMB).
Voluntary Codes of Conduct
An emphasis is often put on the importance of the voluntary aspect of the codes of conduct. The reasons for this include:
- Political parties are more likely to feel bound by commitments into which they have freely entered, and therefore may be more likely to fulfil those commitments.
- Parties to a voluntary code of conduct are able to bind themselves, and each other, to conduct or refrain from conduct that might otherwise conflict with international or constitutional obligations such as the freedom of speech or association.
- By participating in consultation, development, and use of a voluntary code, political parties contribute positively to the style and culture of campaigning.
Who does the Code of Conduct apply to?
A code of conduct should explicitly bind at least:
- The parties, including political parties and independent candidates; and
- through the control of each party, its leader, officials, candidates, and, ideally, its members.
To the extent that is reasonable in the prevailing local circumstances, a party should be expected to:
- exercise control over the activities of its supporters; and
- be responsible for violations of the code by its supporters, or at least make a good-faith effort to make supporters aware of the code and encourage them to abide by it.
If a voluntary code of conduct is subsequently incorporated in a law, the law or the general legal framework will determine who is bound by the Code.
During what period will the Code apply?
The period will vary from case to case: in some circumstances, it will be the election period as provided by law; in other cases, the Code itself may specify a time for its application.
The Code[1] should always apply to the period from the specified beginning of campaigning until the announcement and certification of the results.
Beyond that, a Code should apply to any period during which violations of it might have a particularly dramatic effect on the integrity of the election process. This could include the periods for political party registration, voter registration, and candidate nomination, all of which will fall before an official campaign period.
Many of the provisions in a typical code of conduct, for example those that reflect and reinforce general human or political rights, would be operative at all times.
Relationship of a Code of Conduct to the electoral law Electoral legislation will generally set out the procedures and mechanisms to be used when dealing with complaints and disputes regarding the electoral process. Those provisions will differ from country to country, both in detail and in content and may affect how the code of conduct is enforced. For example, a country’s electoral law may provide for adjudication or other mechanisms, such as mediation, to deal with infringement of a code of conduct or disputes arising from such an infringement.
What sanctions will apply to breaches of the Code?
The most basic sanction, which should apply in virtually all cases, is the public exposure of a failure to comply with the Code by a party, or by those persons for whose conduct a party has some responsibility. The type of sanction may vary from country to country.
If the Code is incorporated in a law, criminal or civil penalties could apply, and other specific electoral penalties, such as the disqualification of candidates or parties, may also be possible.
Whatever legal or other sanctions are established, a party and its members have to be able to clearly understand their obligations. Therefore, it is important that both the obligations and the sanctions be clearly spelled out in legal form.
Relationship of a Code of Conduct to Human Rights Codes Typically, a code of conduct will incorporate generally accepted provisions embodying basic human and political rights. However, some of its more valuable provisions may be:
- those that require self-restraint by the parties in the exercise of their rights; and
- the procedures which are to apply when the rights of different parties may potentially be in conflict.
Desirable forms of self-restraint, and the procedures for managing conflicting rights, will be determined by such factors as:
- the political traditions and culture of a country;
- the threats which may exist to the electoral process; and 3. the prevailing institutional framework.
In the past, the importance of each country’s specific circumstances has been reflected in considerable variations in national codes.
Implementing the Code of Conduct
For a voluntary code of conduct to be useful, the parties must be committed to it, viewing it not merely as a set of mechanical rules, but as a set of principles to be honoured in spirit as well as in letter. No single Code can ever anticipate and make appropriate prescriptions for the diversity of situations that may be encountered in the course of elections. In all cases, a code of conduct must be implemented with common sense and in good faith.
The parties who negotiate a code of conduct should expect to:
- Meet regularly after the Code has been adopted to discuss observing and implementing the Code over the campaign period. The duty to participate in these meetings could be an obligation in the Code.
- Meet before, and in the early stages of, an election campaign to discuss the Code. These meetings can be a valuable step towards a tolerant electoral campaign.
[1] See: Code of Conduct for Political Parties Campaigning in Democratic Elections. Copyright © International Institute for Democracy and Electoral Assistance (International IDEA) 1999 and Goodwin-Gill, Guy S. Codes of Conduct for Elections: A Study Prepared for the Inter-Parliamentary Union. (IPU 1998).
