The Question

This question is posted on behalf of a member of an international organisation in Haiti.

What are the main criteria for EMB members in order to provide solid credibility to the Electoral Council? In Haiti, there are nine EMB members, with the Executive, the Legislative and the Judiciary each choosing three. It is the first time in more than twenty-five years of democratic rule that a permanent Electoral Council will be named. The political situation is fragmented and political actors fear an Electoral Council that could be controlled by the Executive. Other than the constitutional criteria (which are fairly general) other criteria to define the best profile for the EMB members should be defined. Could you give me some indications?

Summary of responses
Criteria for appointing members of an EMB vary a great deal but may include specific academic or profession qualifications. Alternatively, the emphasis may be placed more on character and reputation. On occasion, members are appointed by virtue of their particular office.

One expert is of the view that an EMB chairperson should have a legal background, that all EMB members should have a fixed term with no conflicting political interests and should be removable by impeachment. Another reply states that five is the ideal number of EMB members. Appointments should be approved by parliament.

Examples of related ACE Articles and Resources
Encyclopaedia:
• EMB composition and roles: Qualifications for appointment

Support and advice – consolidated replies:
• Criteria for selection of election commissioners

Comparative data:
• The EMB members/commissioners are selected on the basis of their:

Names of contributors
1. Mirimo Mulongo
2. Carl Dundas
3. T.S. Krishnamurthy

Bonjour,

Le mode de désignation des membres d'une Organisation de Gestion des Elections est fixé par la loi organique. Or le vote des lois est de la compétence du parlement. C'est cette loi qui doit fixé l'organisation,le fonctionnement et les attributions de l'OGE. La composition et les conditions de désignation sont prévues dans la loi organique. Les partis politiques (majorités et opposition) qui composent le parlement proposent des personnalités suivant les critères fixer par la loi pour faire parti de l'OGE.

Mirimo Mulongo Dieudonné

The criteria for appointing members of an EMB vary and may range form general criterion of good character or good standing in the community, to specific academic or professional qualification, such a judge of a superior court, or a member of the legal profession for a stipulated number of years, or an electoral expert. Judges, as EMB members,  are frowned upon in some small jurisdictions for fear that they may be called upon to preside over election disputes resulting from an election over which they had conducted, thus raising a conflict of interest issue. They are cases where members of EMBs are appointed by virtue of their office, for example, the government statistician or the director-general of surveys.

This reply is posted on behalf of T.S. Krishnamurthy, member of the Malaysian Commonwealth Studies Centre.

In such a composition, we should ensure that the Chairman is a person with a Judicial or legal background. The Appointment should be approved by the Parliament. EMB members should have a fixed term and not be eligible for any post after retirement from the EMB. They should be removable by impeachment and should sever all political links during employment.

This reply is posted on behalf of a member of the Malaysian Commonwealth Studies Centre.

Krish, you have just described the situation with the Kenya EMB where I am the chairperson. My only addition is that if there is a professional secretariat the members of the commission should ideally be five.