The EU EOM recommends that if the CNE decides to continue using the fingerprint readers in the future, it clearly defines and delimits their use as part of the voting process. In case of having sufficient fingerprint readers so as to incorporate them to all voting centres, and in accordance with the directive to develop the electronic voting system, as established by Venezuelan law, the readers could substitute the hard copy voter lists, as well as serving for the identification of voters, and the verification of their right to vote, providing that the current mistrust of the electorate and the political forces is overcome. They could also be used as a method to avoid multiple voting, accompanied by a really effective indelible ink. In the EU EOM’s opinion, these measures should be followed by a broad reaching public outreach campaign to eliminate the existing prejudices that exist among voters regarding the fingerprint readers. The Electoral Power, responsible for such a sovereign decision, should assess the economic costs of such a measure, and consider the need to provide far more technical training to Polling Station staff, which should be able to handle a more complex device than that which is in use at present.

The EU EOM proposes that the CNE extend the period of the public testing campaigns of the voting machines right until a few days before to the elections. In this manner, it would help to familiarise voters with the technology and lead to a better understanding of the electronic voting system. The CNE could organise this voter education campaign together with national civil society organisations.

Furthermore, the EU EOM recommends that at the designated closing time for voting centres on Election Day, only those voters that are queuing to vote at that moment be allowed to vote, and not those that join the queue afterwards. Such a measure would require amending existing legislation, and would put Venezuela in line with common practice in neighbouring countries and internationally; putting an end to the accusations of interested extended voting hours, which have been repeatedly heard in recent election processes, including the 2006 Presidential Elections, although in this case they were more subdued than in the past.

The EU EOM recommends that the CNE give greater priority to the sanctioning instruments for electoral crimes and faults as foreseen in the Basic Law of Suffrage and Political Participation and reflected in the regulations that it has adopted. Inasmuch as possible, the goal is to dissuade and punish the perpetration of such actions, before the end of the election campaign. The EU EOM further proposes that the participation of public servants in election campaign activities, be it voluntary or induced, be investigated and sanctioned, in accordance with Venezuelan law and international election practices. The exercise of the sanctioning powers, which the CNE is endowed with by law, would benefit the credibility and legitimacy of the Electoral Power, and of election processes per se.

The role of national observation is critical for the credibility of elections. The EU EOM recommends that the participation of national observation organisations in future processes be promoted. Similarly, it proposes that limitations on the number of observers that they can deploy be dropped, as long as they comply with the requirements that guarantee effective and independent work.

All statutory legislation pertaining to the media that is un-proportional such as the excessive protection granted public figures should be removed. Likewise, overly punitive provisions such as those including prison sentences for defamation should be withdrawn and replaced with suitable civil measures.

The authorities should establish clear and concise guidelines for the media’s coverage of candidates and parties during the campaign period. The scheme to provide free access to state owned media for party political broadcasts should also be developed and set out clearly in law.

A new broadcasting act should be drafted to ensure clear legal provisions for the audiovisual sector. Furthermore, a new instrument should be introduced setting out the mandate and responsibilities of state owned broadcasters, and their independence from the authorities guaranteed. Mechanisms should also be established to ensure the independence and public accountability of state owned media and a clear monitoring mechanism introduced to guarantee its impartiality.

Voter and civic education should receive increased investment and the considerable initiatives that have been implemented for these elections extended. This should include long term civic education promoting awareness of the role of the Constituent Assembly and representative democracy and increasing awareness of the rights of citizens of Nepal. Efforts should be specifically targeted at marginalised groups and women, populations in remote areas, people with disabilities, internally displaced persons and migrants. An increased degree of coordination between state institutions, the Election Commission and civil society organisations should also be seen as a key goal for the success of these initiatives.

The authorities should immediately end the continuing culture of impunity for election offences by prosecuting and holding accountable those responsible for offences, including those of a criminal nature.

Greater efforts to ensure accuracy in registration should be made to prevent errors and multiple entries. This should include individual registration only and cessation of practices allowing members of households to register other members of their families except in cases where this is justified on health or physical grounds. An adequate mechanism for maintenance and audit of the register should also be established, taking into account available technologies.

Political party and candidates’ agents should receive training in key legal aspects of the election such as how to file complaints properly. Greater awareness of formal channels as well as how to report offences should also be supported.

The Political Parties Act of 2001 should be replaced with a more comprehensive law that details political party financing, annual audits and enables the Election Commission to sanction parties. These reports should be published in the public domain. New legislation should also contain effective measures to ensure the provisions are implemented in line with the recommendations of the 1999 ad hoc report reviewing elections in the 1990s. The parties themselves should also be required to have internal monitoring mechanisms for their funding and spending.

The role of party agents and volunteers whilst providing an important safeguard should be reduced outside of polling stations. The tradition of assisting voters identify their details on the voter register by party volunteers should be prohibited. Election officials should be posted to assist in this capacity.

The Election Commission should ensure necessary resources are allocated to departments responsible for implementing the Code of Conduct. Adequate deadlines and guidelines for processing complaints should be reinforced and clear steps published for the Code’s enforcement.

Meetings of the Election Commission should be open to political parties and accredited observers. The agendas and minutes of its meetings and decisions should be made available to the general public in a timely manner. The Election Commission should also ensure that clear and updated information is made available to all stakeholders on the counting process. All decisions of the Election Commission should also be clearly explained.

More transparent alternatives to the post-election selection of candidates by political parties in the proportional representation system should be considered to guarantee the implementation of the targets set for minimum representation levels in elected bodies. This should include measures to ensure a closer link between candidates and voters such as ranked lists. The law should be amended so that candidates can only run in one constituency in any one election in order to avoid by-elections. The powers of the political parties in respect to elected members of the Constituent Assembly should also be reduced to enable members who resign or are expelled from these parties to retain their seats.

The Election Commission should ensure consistency of regulations, directives and manuals and their timely dissemination and avoid last minute changes so as to enable election officials, political parties and voters to be familiar with their contents.

Legislation related to elections should be consolidated bringing the diverse range of legal provisions presently in force into a single act governing all key aspects of the electoral process. A consolidated act should also include areas currently covered by the Election Commission’s regulations, minimising the use of ad hoc measures in future elections.

Also, a bad practice to be avoided is the broadcasting of political parties’ propaganda during pre-campaign period. Although prohibition in Article 45 of the Electoral Law on broadcasting political propaganda on the private media refers only to the campaign period, private media should try to abide by this provision also during pre-campaign period.

In similar way, it would be advisable that during campaign period the electronic public media RDN and TGB, which by law have the obligation to offer free airtime programs to political parties on daily basis, could receive a financial contribution, either from the Government or from the CNE, to guarantee that both media can carry out the task without any kind of problems or limitations.

Promote political decentralization through the organization of municipal elections within a reasonable timeframe of eight to twelve month of the ANP taking office. Although established in the Constitution, local elections were never held so far. The implementation of the first local polls should be carried out with the financial and technical support of the international community.

Training of political party delegates in election law and monitoring. Training could be organized by civil society organization in cooperation with the CNE, civil society groups and the School of Law. Training should cover issues such as universal principles for democratic elections, Human Rights, the Electoral Code of Ethics, voting and counting procedures, nature of complains and appeals and how to file claims.

Introduce mechanisms to allow for effective auditing of political party source of finance. In case the state contributes with financial support to the political parties and its campaign activities, auditing within a reasonable timeframe of one to two month after the poll should promote transparency of funding instead of an annual declaration as set out in the Law of Political Parties. It is also imperative that an auditing system be established for the political parties to check, before election day, campaign activities and other electoral expenses and origin of funds. Expenses should have a ceiling and parties sanctioned when infringing expenses limits.

Strengthening the participation of women through efforts to reach a balance in the number of women and men at all levels of the EMB. Example should be set by the CNE and CRE’s with the nomination of women to relevant executive and management positions.