The Question
This question was posted on behalf of Horacio Boneo, member of the ACE Practitioners’ Network

I am participating in a UNDP study on the subject, which I believe will fill a void. There are several important analysis and policy recommendations concerning how observers should conduct their analysis and how they should relate to the EMBs, but none that focus the problem from the other angle: the behavior of EMBs in relation to observers.

Part of the empirical work will be conducted from a specific angle. The relations between EMBs and observers can be characterized as a succession of “points of contact” that take place during the observation of the several phases of an electoral cycle. There are tensions and possibilities of problems in each of these “points of contact”, and the study will try to identify the way in which they were handled by different EMBs. It would be very helpful if those of you with experience as observers can help by pointing out examples of good and bad practices as identified throughout your work in observation. For instance:

1) Good practices: For example, an EMB distributed to all observers a compilation of pieces of legislation that would be useful to observers, the compilation was in three languages and handy to use.

2) Inadequate practices: For example, another EMB the accreditation of observers was stalled as only one officer was designated to oversee the process. As a result, observers took long to get accredited and could not receive election material timeously.

Similarly, it would be very useful if you can suggest the name and Emails of persons that might be worthwhile to contact in relation to these queries.

Summary of responses
Noted general good practices include EMBs providing adequate and timely information to observers, as well as adequate planning and preparation ahead of observers’ arrival. More specifically, in Zambia in 2011, the Election Commission opened an ‘observation centre’ which collated information from all observation missions in the country and aided observation coordination between the different organisations. In a recent election in Cameroon, the EMB compiled a comprehensive information pack for observers and the central government instructed regional authorities to collaborate with the observers.

Bad practices include EMBs charging fees for observers to be accredited, withholding relevant election materials and delays in awarding accreditation.

One expert highlights that the behaviour of EMBs in relation to observers to some extent depends on the length and type of observation mission, e.g. whether the observers are independent or party affiliated, short-term or long-term.

Examples of related ACE Articles and Resources
Encyclopaedia:
• Electoral Observations Responsibilities 
• International Election Observation 

Election Observation Portal

External Resources
• Case Selection Techniques in Case Study Research: A Menu of Qualitative and Quantitative Options, Jason Seawright & John Gerring, Political Research Quarterly, December 2011 
• Observing Elections the Commonwealth's Way: The Early Years, Carl Dundas, Ian Randle Publishers, 2007
• Declaration of Principles for International Election Observation and Code of Conduct for International Election Observers, 2005,  

Names of contributors
1. Skye Christensen
2. Carl Dundas
3. Vincent A VanBreda
4. Laurie McGrath
5. Monte McMurchy
6. Giséle Poirier
7. Ola Pettersson
8. Atem Oben Henry Ekpeni

EMBs' relationship with independent election observers may be informed by the nature of the observation to be undertaken, for example, some EMBs adopt a different attitude to long-term or even longer-term observers than is meted out to short-term observers who are primarily concerned with polling and counting processes. [I emphasise 'independent' observers as in some jusridictions, as at the tier of State Independent Electoral Commissions (SIECS) in Nigeria, political parties secure accreditation for their 'observers' who are by no means independent, and this practice has been giving rise to the discrediting of election observation at the State level in many regions of Nigeria.]

Good practices in EMBs-observers relationship include: providing timely, accurate electoral information to observers; relevant accurate information of the security situation, including security zones,(if any, which may not be open to observers; setting up a dedicated unit to facilitate observers at all stages of the observation; and ensuring that observers do not feel constrained in any way, whether in movement, access to relevant information or access to stakeholders.

With respect to bad practices: EMBs should not charge observers fees to be accredited to observe an election; EMBs should not discriminate amongst groups of observers in the timliness or numbers of observers allowed; EMBs should not withhold relevant election materials that could assist observers in their task.

My work entitled, 'Observing Elections the Commonwealth's Way-The Early Years', published by Ian Randle Publishers, 2007, may add a dimension to this study.

Hi Kindly receive the attached source papers for some of the thoughts on the subject matter and you may contact the following directly for more information email: [email protected] , telephone 212-906-6633), I hope will help the study.

Hi there

My experience since 1998 with facilitating the participation of domestic and international observers  in elections on behalf of Election Management Bodies (EMBs) as well as Civil Society Observer Networks (CSON) in post-conflict settings points to various themes:

1. The Election event as part of a wider democratization and peace-building process;
   
2. The technical maturity (and/or immaturity) of the Election Management Body;
   
3. The Country-specific Electoral Law and its provision (or not) of a regulatory framework for observers;
4. The maturity (and/or immaturity) of the Civil Society Network responsible for the Observer Effort;
5. The Role of International Organisations providing technical support to the EMB  and the CSON;
6. The relationship of the CSON with the EMB, Political Parties, and international and domestic Media Houses;
7. The need for an engendered observer effort;
8. The importance for digitally supported information and knowledge production that acts as platform form which the CSON participates in the post-election dialogue on the integrity of the Election and the lessons learnt for future improvement.
   

The above themes are not exhaustive, but form a core around which research into the role of Observers in Elections could be designed.

Do make contact at [email protected] to pursue this conversation some more.

Regards

van Breda

A related issue to this question is the attitude of the host Government. Governments can by use of visas or other travel or entry permits or documents restrict the number and nationality of observers, the time frames for observations, and the extent of observation.

The reference to "Best" Practice is one fraught with prescriptive normative turmoil as I am of the strong pursaision that localized civic electoral EMB intititatives are of paramount importance notwithstanding that mistakes and other errors in judgment may and will be made as this will be how National EMB's will both learn and grow as redaction from mistakes is cardinal in ensuring future success.

'Practices' are competent performances---that is the process of doing something. More precisely, practices are socially meaningful patterns of action, which, in being performed more or less competently, simultaneously embody, act out, as possibly reify background knowledge and discourse in and on the material world evidenced in normative EMB Perfromance.

In common parlance, the concepts of behaviour, action and practice are often used interchangeably. Conceptually, however, they are not the same.

Practices are patterned actions that are embedded in particular organized contexts and, as such, are articulated into speicific types of EMB action and are are socially developed through learning and training. Action is always a constituent part of any practice, yet the reverse is not necessarily true. Action is specific and located in time; practices are general classes of action which, although situated in a social context, are not limited to any specific enacting. EMB's regulating the context of international observers is a practice, because it is socially structured and reiterated. Similarily, civic electoral observational friction is an action endowed with social meaning which when placed in the context of EMB operational necessity when working with Electoral Observors [National and International] can very well articulate professional and social astringency in terms of operational electoral conduct generating potential professional cleavages resulting in a potentially compromised EMB.

I look forward to reading other comments as this question is one of extreme relevance.

This reply is posted on behalf of Gisèle Poirier, member of the Field Resource Persons for CEO Canada.

Bonjour Monsieur Boneo,

Ayant eu l’opportunité de faire plusieurs missions d’observation (LTO et STO) dans différents pays, il me fait plaisir de vous transmettre ces quelques constats personnels :  

Bonnes pratiques :
Mission d’observation pré-organisée:  Il est avantageux pour un observateur de  faire partie d’une telle mission puisqu’il bénéficie d’une prise en charge totale, d’une formation appropriée suivie de la réception de documents essentiels tels que :  Carte d’accréditation personnelle,  loi électorale et applications, ceci en 2 ou plusieurs langues, code de conduite des observateurs, carte géographique, liste et adresses des bureaux régionaux, des bureaux de vote du territoire concerné et formulaires d’observation.
En général,  la collaboration est excellente avec les autorités électorales.

Pratiques laissant place à amélioration :
Observateurs indépendants : Sur réception d’une invitation du Ministère de l’Intérieur du pays en élection,  plusieurs représentants ou membres de Gouvernement   des pays invités participent à l’observation sans toutefois se joindre à une mission déjà établie.  Les formulaires d’inscription et de demande d’accréditation sont  généralement  joints  en spécifiant une date limite pour le retour des documents complétés.
Le respect de ces directives assure l’observateur de recevoir son accréditation à l’arrivée dans le pays; dans le cas contraire, il peut s’attendre à subir certains délais  avant la délivrance de  son accréditation. 

Suggestion : Que le pays hôte assure la  transmission des  documents et informations appropriés lors de la  délivrance des accréditations.  Aussi, il serait bon de réfléchir  à la mise en place d’un système  qui permettrait la répartition équitable de ces observateurs sur le terrain, ceci  éviterait l’affluence  dans certains bureaux de vote alors que d’autres ne sont pas visités.

Translation from the Facilitator

Dear M Boneo,

Having had the opportunity to do several observation missions (LTO and STO) in different countries, it is a pleasure for me to communicate to you these personal observations:

Good practices:
Pre-organized observation missions: It is advantageous for an observer to take part in such mission because he benefits from a full support, an appropriate training followed by the reception of essential documents such as: Personal accreditation card, electoral law and applications, this in two or several different languages, code of conduct of observers, geographic map, list and addresses of regional offices, voting polls of the affected territory and observation forms. 
In general, the collaboration with the local authorities is excellent. 

Practices which could be improved:
Independent observers: On the reception of an invitation from the Interior Ministry of the country in election, several representatives or members of the government of the invited countries participate in the observation without however joining an already established mission. The registration and demand of accreditation forms are generally joined specifying a deadline for the return of the completed documents.
The respect of those instructions ensures that the observer will receive his accreditation on his arrival in the country; on the contrary, he can expect to experience certain delays before his accreditation is delivered.

Suggestion: That the host country ensures the transmission of the appropriate documents and information during the deliverance of the accreditations. Also, it would be good to consider the establishment of a system allowing the equitable repartition of those observers on the ground; this would prevent crowding in certain voting polls while others are not visited.

An example of good practice can be found in the recent elections in Zambia where the Election Commission launched an "observation centre" which collated information on all observation missions to Zambia. Missions were encouraged to provide information (such as the number and location of observers) which were then collated and made available at the information centre. 

The information provided was useful in terms of observation coordination and the centre became a natural point of contact with the Election Commission. 

During the last Presidential election in Cameroon, all EOM's had a pack of information relating to the conduct of the election. Once accredited, the pack was handed containing all information necesssary for EOM to carrout its work. The legal and institutional framework, maps, security situation and cultural information, Hotels and rates and contacts of all administrative, political, EMB and security officials by region. Information about registration and polling centers etc.

The Minister of Territorial Administration and Decentralization also communicated to the regional administrative authorities hosting the different EOM teams for collaboration, same as the Director General of Elections to all regional and Divisional delegates to furnish the EOM teams with any information requested.

In the last Legislative elections in Ivory Coast, UNOCI played a central role in coordinating and rendering all information to EOMs. UNOCI also arranged for air tranfers for teams and hotel at cheap rates. The EMB officials were lacking in aspects of coordination but however gave assistance where needed.