| 3752 recommendations |
Recommendation 41 (Polling, Counting and Publication of Results) Nepal 2008
by: EU
The Election law and regulatory provisions should include requirements for: a) consistent verification of voters’ identification; b) the names of candidates to be mentioned on the ballot for the single member constituency race; c) allowing voters who have spoiled a ballot to be issued a new one; d) enhanced reconciliation procedures at the end of polling, e.g. between the number of ballots used and the number of names marked in the voter list; e) allowing party/candidate agents and accredited observers to enter comments in protocols at all stages of the voting and counting processes; f) certified copies of polling station inventory forms and constituency results protocols to be distributed to all involved stakeholders, including party/candidate agents and accredited observers.
Recommendation status: recommended
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Recommendation 42 (Polling, Counting and Publication of Results) Nepal 2008
by: EU
The election law should include a requirement that the Election Commission promptly publish detailed results in each constituency. These should include information on the total number of votes cast and invalid votes as well as a breakdown of the turnout per polling station.
Recommendation status: recommended
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Recommendation 1 (Legal Framework) Pakistan 2008
by: EU
The existence of an independent judiciary is a general requirement for a democratic state. Steps should be taken to ensure and protect the independence of the judiciary. This would provide effective uncontested arbitration and oversight of election processes.
Recommendation status: recommended
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Recommendation 2 (Legal Framework) Pakistan 2008
by: EU
Election legislation, including the Constitution, should be reviewed in a consultative, participatory manner, for example through an all-party constitutional review committee. A unified election law should be produced and other texts relevant to elections should be amended as required (such as the penal code). Amendments should be made to the unfettered discretion currently enjoyed by state authorities in regards to various parts of the election process. Specific issues to be addressed include the independence and transparency of the election administration, complaints and appeals procedures, candidacy requirements and the legal circumscription of the power of the courts. The mandate and functioning of the caretaker government could also be more precisely defined for clarity on institutional responsibilities.
Recommendation status: recommended
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Recommendation 3 (Legal Framework) Pakistan 2008
by: EU
Requirements for candidacy for the National and Provincial Assemblies should be brought into line with international standards by removing the requirement for a bachelor degree or an equivalent educational certificate. Vague qualification and disqualification criteria of a moral nature should be revised.
Recommendation status: recommended
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Recommendation 4 (Legal Framework) Pakistan 2008
by: EU
The law should be amended so that candidates can only run in only one constituency in any election.
Recommendation status: recommended
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Recommendation 5 (Legal Framework) Pakistan 2008
by: EU
Election offences should be reviewed to have more proportional penalties. It should not be an offence to encourage a boycott of an election, as the right to vote also includes the freedom not to vote and to express this view. Offences should be subject to investigation and prosecution with sanctions imposed in a consistent, proportional and transparent manner. Such cases should be heard in a timely manner in order to promote the deterrent effect of the law.
Recommendation status: recommended
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Recommendation 6 (Legal Framework) Pakistan 2008
by: EU
Steps should be taken to ensure that the residents of the Federally Administered Tribal Areas (FATA) and the Federally Administered Northern Areas (FANA) enjoy fundamental political freedoms and civil rights as other citizens of Pakistan under the Constitution. Restrictions on political parties in FATA should be removed and party based elections should be introduced in the area.
Recommendation status: recommended
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Recommendation 7 (Election Administration) Pakistan 2008
by: EU
The law should be amended so that appointments to the positions of Chief Election Commissioner and ECP members are based on stakeholder consultation. For example, selections could be made by the National Assembly requiring a broad political consensus. Eligibility could be expanded beyond members of the superior judiciary. The law should stipulate the length of the term of office of ECP members.
Recommendation status: recommended
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Recommendation 8 (Election Administration) Pakistan 2008
by: EU
The ECP should be required to submit regular public reports and could be accountable to the National Assembly for its activities. The ECP should use its extensive powers to ensure that all of its responsibilities are fully implemented. Failures of the ECP to fulfil its legal responsibilities should be subject to Supreme Court rulings.
Recommendation status: recommended
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Recommendation 9 (Election Administration) Pakistan 2008
by: EU
The ECP should be supplied with the necessary professional staff and reorganized to ensure that it has the skills base and management structures to professionally provide required services. Separate departments dealing with legal issues and complaints, logistics/operations, training, and voter education should be established. Activities in ECP sub-federal offices should be fully subject to central management direction and oversight. Systems should be put in place to ensure sound inter-departmental communication and institutional cohesion. Any outsourcing of activities should be fully subject to ECP management and should be well documented in order to provide for sustainability.
Recommendation status: recommended
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Recommendation 10 (Election Administration) Pakistan 2008
by: EU
The ECP should develop a strategic plan to chart its reform, and detailed work management plans for each of its activities.
Recommendation status: recommended
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Recommendation 11 (Election Administration) Pakistan 2008
by: EU
The ECP should undertake continuous formal consultation with stakeholders, in particular with political parties and civil society. Institutionalized consultation mechanisms and stakeholder forums should be established down to constituency level.
Recommendation status: recommended
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Recommendation 12 (Election Administration) Pakistan 2008
by: EU
All District Returning Officers and Returning Officers should be fully under the central management and fully accountable to the ECP. If temporary appointments to these positions are made, there should be consultation with electoral stakeholders, especially political parties, and an effective and timely mechanism for objections against proposed appointments should be established. Any state personnel acting in these positions should not be concurrently undertaking responsibilities from their permanent position.
Recommendation status: recommended
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Recommendation 13 (Election Administration) Pakistan 2008
by: EU
The appointment of polling staff should be based on an open system for nominations with opportunity for objections. In order to increase confidence in the process, consideration should be given to appointments being open to others in addition to state employees, and the ECP budget should be adjusted accordingly.
Recommendation status: recommended
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Recommendation 14 (Election Administration) Pakistan 2008
by: EU
The ECP should ensure that all polling staff are assigned to one duty polling station only, and in sufficient time to allow for postal ballot application. Last minute changes to polling staff should be avoided and should require written public justification.
Recommendation status: recommended
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Recommendation 15 (Election Administration) Pakistan 2008
by: EU
The ECP should develop transparency in all of its operations (as acknowledged as an essential part of democratic development in UN General Assembly resolution on promoting and consolidating democracy). In particular: (i) The ECP should formalise and publicise a schedule of its meetings and all resulting decisions should be immediately publicly available. (ii) All internal instructions issued should be immediately publicly available. (iii) Information from provinces, districts and constituencies should be centrally gathered and made publicly available on the internet as well as at the local level (for example complaints lodged, numbers of postal ballot applications, polling station locations, polling station results). (iv) The ECP website should be further developed and kept fully up-to-date.
Recommendation status: recommended
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Recommendation 16 (Election Administration) Pakistan 2008
by: EU
The law should be amended to clearly stipulate the rights and responsibilities of observers and should guarantee unfettered and close access of candidates, their agents and observers to all stages of the electoral process including the aggregation of results.
Recommendation status: recommended
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Recommendation 17 (Election Administration) Pakistan 2008
by: EU
The ECP should ensure agent and observer scrutiny is provided for by issuing specific regulations and guidelines, and through training of ECP staff. Accreditation should be easily available to observers. Regular consultation with observer groups should be undertaken by the ECP.
Recommendation status: recommended
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Recommendation 18 (Polling, Counting and Publication of Results) Pakistan 2008
by: EU
The ECP should ensure that all polling station statement of counts are given to agents and observers and are immediately displayed.
Recommendation status: recommended
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Recommendation 19 (Polling, Counting and Publication of Results) Pakistan 2008
by: EU
The law should be amended to require detailed polling station results to be swiftly displayed at the constituency and on the internet. All polling station results should be submitted to the ECP for immediate publication on the official website.
Recommendation status: recommended
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Recommendation 20 (Election Administration) Pakistan 2008
by: EU
All election related documents should be available for public inspection at all levels of the election administration without payment of a fee or undue administrative burden.
Recommendation status: recommended
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Recommendation 21 (Voter Registration) Pakistan 2008
by: EU
The ECP should produce an accurate and complete electoral roll, and consider the possibility of this being subject to continuous updating. The ECP should work with National Database and Registration Authority (NADRA) to ensure incorporation of any entries not captured through its own enumeration (either from a new enumeration or the one undertaken for the Electoral Roll 07). The data captured should be subject to a comprehensive nationwide check for duplicates.
Recommendation status: recommended
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Recommendation 22 (Voter Registration) Pakistan 2008
by: EU
There should be greater coordination between the ECP and other state agencies, over information necessary for revision of the electoral roll, for example removal of the deceased and persons declared by a competent court to be of unsound mind.
Recommendation status: recommended
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Recommendation 23 (Voter Registration) Pakistan 2008
by: EU
The ECP should ensure that the display period is well publicised, that the draft electoral roll is available at multiple sites within a constituency, and that the process of corrections is accessible and efficient.
Recommendation status: recommended
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Recommendation 24 (Voter Registration) Pakistan 2008
by: EU
Procedures for changes in the electoral roll made under Section 18 of the Electoral Rolls Act 1974 should be clearly defined with regard to due process, and should be fully subject to justification and scrutiny.
Recommendation status: recommended
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Recommendation 25 (Voter Registration) Pakistan 2008
by: EU
The ECP should make strenuous efforts to secure enrolment by 18 year olds.
Recommendation status: recommended
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Recommendation 26 (Voter Registration) Pakistan 2008
by: EU
If a Computerised / National Identity Card (CNIC) is required for voting, then acquisition of a CNIC should be facilitated so that there is no de-facto barrier to electoral participation. Financial obstacles should be removed, through the issuing of CNICs without a charge. NADRA outreach should be extended, particularly to marginalised and under-represented groups such as women, rural populations in remote areas, people with disabilities, internally displaced persons, and people who are nomadic, homeless or living in temporary accommodation.
Recommendation status: recommended
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Recommendation 27 (Legal Framework) Pakistan 2008
by: EU
During the next delimitation exercise, the ECP should ensure that newly delimited constituencies are approximately equal in size, in order to uphold the principle of equal suffrage.
Recommendation status: recommended
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Recommendation 28 (Voter Education) Pakistan 2008
by: EU
An extensive voter education programme should be conducted by the ECP ahead of the registration display period and election day to ensure that voters are fully aware of their rights and opportunities. This should particularly target groups traditionally marginalised from the process, such as women and young people.
Recommendation status: recommended
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Recommendation 29 (Voter Education) Pakistan 2008
by: EU
The ECP should provide all voters with clear information on their individual registration details, including electoral roll serial number, and allocated polling station and its location. Parties should not be relied upon to provide such basic information.
Recommendation status: recommended
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Recommendation 30 (Polling, Counting and Publication of Results) Pakistan 2008
by: EU
The ECP should undertake a review of its regulations and procedures and make amendments accordingly. All forms should be reformatted to ensure that they contain complete information, and are easy to use and to submit electronically for fast and complete data compilation at the central level.
Recommendation status: recommended
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Recommendation 31 (Polling, Counting and Publication of Results) Pakistan 2008
by: EU
All Returning Officers and polling staff, including reserves, should be fully trained by in-house trainers with user-friendly manuals.
Recommendation status: recommended
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Recommendation 32 (Election Administration) Pakistan 2008
by: EU
The list of polling stations, their exact locations, and assigned voters, should be made public well in advance of election day (for example a minimum of one month before election day). Subsequent changes to polling station sites and allocations should only be made in exceptional circumstances, with any change requiring a written public explanation.
Recommendation status: recommended
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Recommendation 33 (Polling, Counting and Publication of Results) Pakistan 2008
by: EU
Postal voting procedures and practices should be reviewed to promote uptake of this provision by those eligible.
Recommendation status: recommended
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Recommendation 34 (Polling, Counting and Publication of Results) Pakistan 2008
by: EU
Amendments to polling procedures should include regulation of the number of excess ballot papers issued to each polling station and recording of individual ballot box seal numbers. The ballot paper should contain a box next to each candidate’s symbol where voters should record their preferences. Reconciliation procedures after the close of polling should be strengthened, for example the number of names marked in the electoral roll should be reconciled with the number of ballot papers issued.
Recommendation status: recommended
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Recommendation 35 (Polling, Counting and Publication of Results) Pakistan 2008
by: EU
Compilation and consolidation should be merged into one process. This would require the validity of ballots to be determined by presiding officers during the count at the polling station, and the deadline for receipt of postal ballots to be the scheduled for the close of polling on election day (for immediate inclusion in the constituency aggregation on election night).
Recommendation status: recommended
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Recommendation 36 (Polling, Counting and Publication of Results) Pakistan 2008
by: EU
Standardised checking of the accuracy of polling station statement of counts should be undertaken during the constituency aggregation process.
Recommendation status: recommended
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Recommendation 37 (Polling, Counting and Publication of Results) Pakistan 2008
by: EU
The ECP should take active steps to address participation by people traditionally marginalised in the process, for example, women, the disabled, internally displaced persons and nomadic people. This should include an outreach programme for voter registration, due consideration in polling station identification, and consideration of extended use of postal balloting.
Recommendation status: recommended
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Recommendation 38 (Polling, Counting and Publication of Results) Pakistan 2008
by: EU
The Chiefs of Staff of the military and police should issue and enforce orders to their personnel not to display political support during their official duties, when in uniform, in official vehicles or at their stations. All personnel should be encouraged to take a postal ballot as required.
Recommendation status: recommended
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Recommendation 39 (Complaints and Appeals) Pakistan 2008
by: EU
A clear structure should be established so that complaints are first filed administratively to the ECP, and upon exhaustion or dissatisfaction, complainants may then appeal to the courts.
Recommendation status: recommended
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Recommendation 40 (Complaints and Appeals) Pakistan 2008
by: EU
The ECP should establish a complaints system for management of all complaints lodged at all levels of the election administration. Protocols should be developed with other state agencies to clarify roles and responsibilities in the complaints process, particularly in regards to investigations. All complaints should be promptly assessed and investigated where required. The ECP should take full responsibility for actively addressing complaints, and providing redress as required. Investigation of a complaint should not be undertaken by a person originally responsible for implementation.
Recommendation status: recommended
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Recommendation 41 (Complaints and Appeals) Pakistan 2008
by: EU
Full records of complaints, responses, decisions and outcomes should be made available by the ECP for immediate scrutiny.
Recommendation status: recommended
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Recommendation 42 (Complaints and Appeals) Pakistan 2008
by: EU
For complaints relating to election results, the ECP should clarify undertake re-counts and re-polls wherever necessary in order to speedily address alleged problems in an efficient manner, without recourse to cumbersome and costly legal channels. The ECP should clarify in advance grounds for re-counting and re-polling.
Recommendation status: recommended
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Recommendation 43 (Complaints and Appeals) Pakistan 2008
by: EU
Election appeals (“petitions”) to tribunals or superior courts should be dealt with in a timely manner in order to provide the possibility of effective remedy. A review should be made of the current timetable, with consideration given to reducing the timeframes involved for petitions, in order to avoid returned candidates loosing their seats after a prolonged period in office. The timetable for election petitions challenging election results should be strictly adhered to. Court rules should be amended accordingly, and tribunals and courts should be resourced appropriately.
Recommendation status: recommended
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Recommendation 44 (Complaints and Appeals) Pakistan 2008
by: EU
Tribunals should be composed of judges, or retired judges, who are independently appointed. A consultation process should be undertaken for appointments to ensure stakeholder confidence. The President and the Chief Election Commissioner should not be involved.
Recommendation status: recommended
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Recommendation 45 (Complaints and Appeals) Pakistan 2008
by: EU
The category of those permitted to file election petitions should be expanded, to include political parties, civil society organisations and voters.
Recommendation status: recommended
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Recommendation 46 (Campaign Environment) Pakistan 2008
by: EU
Freedom of movement, association, assembly and expression should be respected with any restrictions being limited, proportional and only for reasons of strict necessity, and such reasons should be transparently conveyed.
Recommendation status: recommended
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Recommendation 47 (Legal Framework) Pakistan 2008
by: EU
There should be a review of the necessity and effectiveness of the structure of a caretaker government. The mandate, functioning and neutrality of any future caretaker government should be more clearly defined in law. Appointment of caretaker positions should be by consensus and should be open to objection. In no circumstance should caretaker officials be involved in campaign activities.
Recommendation status: recommended
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Recommendation 48 (Parties and Candidates) Pakistan 2008
by: EU
The ECP should revise the Code of Conduct for Political Parties and Contesting Candidates through consultation with political parties and civil society organisations. Enforcement mechanisms should be established and consistently adhered to. The Code should include legally mandated proportional sanctions in case of non-compliance.
Recommendation status: recommended
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