Ethical conduct is an essential component of election integrity. Ethics embodies the ideals we should strive for and how we should behave. Standards for ethical conduct vary depending on the Social and Political Context of each country. However, there are certain basic principles of ethical behaviour that are required for free and fair elections in any country or electoral system.
These ethics are based on the belief that public service is a public trust. The loyalty and efforts of public officials, electoral managers and others involved in election administration, belong to the constitution and laws of their country. And that they perform these duties for the public good and not use their position or offices for personal or partisan benefit.
These basic principles of ethical behaviour are reflected in the South African Code of Conduct for Persons in Positions of Responsibility (SA). This voluntary code of behaviour reflects the belief that any person in a position of responsibility, whether they are in government, the business community or civil society, have a duty to act with integrity, and promote democracy and justice. The Code's standards include:
- Acting with integrity: 'I will conduct myself in such a way that my speech and acts are honest and trustworthy, able to nurture a culture of truth and reliability;'
- Being incorruptible: 'I will not accept any financial or other obligation to individuals or organizations which could lead me to act unethically in my duties and responsibilities;'
- Acting impartially: 'In carrying out my duties, including making appointments, awarding contracts, grants, or recommending individuals for benefits, I will make fair choices which do not unduly or unjustly favour those with whom I have other ties;'
- Being transparent: 'I will be transparent in my decisions and actions and will not withhold information which is in the public interest;' and,
- Being accountable: 'I recognize that I am accountable for my decisions and actions and will submit to whatever scrutiny is appropriate.'
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Most governmental and electoral systems institutionalize these principles of ethical behaviour in a code of conduct that specifically details the ethical behaviour that is expected and required. Codes of conduct or ethics vary by systems and countries, but there are usually codes for electoral managers as well as separate codes for the conduct of political parties, lobbyists, the media and accredited observers and monitors.
The codes that are incorporated into the legal or regulative framework are binding legal documents (see Codes of Conduct/Ethics). These legal documents include penalties and sanctions for violating the code. Others, such as codes of conduct for political parties, or the South African Code listed above, are standards of expected behaviour to which the parties voluntarily subscribe. They are usually the result of negotiations between the different political actors or parties. The ethical conduct of voters is regulated by the laws of each nation for the protection of persons and property, and are enforced through the justice system.
The following are some of the ethical standards of behaviour which are usually expected during a free and fair election.
Ethical Standards for Election Officials:
- upholding the constitution and abiding by the legal framework, its rules and regulations;
- neutral and professional conduct in fulfilling the duties of office, including not providing any preferential treatment or wearing or displaying any political party logos, symbols or colours;
- not accepting anything of value (money, offers of employment, gifts, travel, etc) in exchange for preferential treatment or access to a public official or nonpublic information;
- not discriminating against anyone because of race, color, religion, class, sex, national origin, age or handicap;
- hiring and promotion based on professional skills, not because of personal or political affiliations;
- use of public office facilities and position to fulfill the terms of office, not for personal or partisan benefit. This usually includes office time, personnel, facilities and equipment;
- not pressuring or intimidating other officials or personnel to favour a certain candidate or for them to misuse their offices or facilities;
- avoiding conflict of interests, or the perception of conflict of interests, by abstaining from decision making if there is a personal or private interest in the matter;
- disclosing financial information, if required by law, on a regular basis; including salary, directorships held, honorariums paid and other sources of income; and
- disclosing waste, fraud, abuse and corruption to the appropriate authorities.
Ethical Standards for Political Parties and Candidates:
- abiding by the legal framework and electoral regulations, and ensuring staff and supporters also abide by the law;
- repudiating the use of violence and not inciting supporters to violent or criminal behaviour;
- respecting the rights of other parties to campaign and avoiding interfering with other campaigns, or negative campaigning and personal attacks on other candidates or their supporters;
- respecting the rights of voters to obtain political information from the electoral management or policy bodies, from other parties and candidates, and not intimidating, coercing or attempting to force them in any way to endorse or vote for a particular party or candidate;
- respecting the right of the media to cover the campaigns of all political parties and candidates, and for them to report information accurately on all aspects of the process;
- facilitating the work of domestic and international observers during their observations, and not obstructing monitoring by other political parties; and
- abiding by the official results of the election.
For more information on ethics for political parties and candidates in election campaigning, see Campaign Ethics.
Ethical Standards for Lobbyists:
- abiding by the legal framework and relevant regulations;
- maintaining professional conduct in dealings with government and electoral officials, candidates, parties, voters and the media;
- fully disclosing funds spent during lobbying activities, including how much was spent on which person and for what (TV ads, travel, honorariums, etc) as required by law;
- repudiating the use of violence, harassment or intimidation of officials, electoral officials, political parties, candidate and their supporters, and voters;
- respecting the rights of voters to obtain political and campaign information from other sources and not intimidating or pressuring voters into endorsing or voting for a particular candidate, party or position;
- respecting the rights of the media to cover and report on a wide variety of political and campaign information and to print opposing opinions and advertisements; and
- accepting the official results of the elections.
Ethical Standards for Monitors and Observers:
- respecting the sovereignty of the country, its laws and the legal framework of the elections;
- obtaining valid accreditation before monitoring/observing in electoral sites;
- observing in a professional and neutral manner, not disrupting the electoral process or interfering with voters during registration and polling or with electoral officials carrying out their official duties;
- monitoring in a professional, neutral and constructive manner, intervening only when a law or standard electoral procedures are being broken or ignored;
- disclosing the purposes and objectives of the monitoring/observation in reporting and dealings with political actors, the public and the press;
- reporting accurately without falsification or exaggeration, having covered enough of the process and electoral sites to ensure the report is representational of the actual situation; and
- 'independent' observers remaining nonpartisan in their activities, coverage and reporting.
For more detailed information see Monitoring Ethics, Code of Conduct, and Standards to Judge Elections.
Ethical Standards for the Media
- respecting the laws of the country and the principles of freedom of the press;
- ensuring information is diffused to the voters on the electoral process and on the where, when and how (process) of voting;
- providing accurate and balanced reporting, substantiating facts and figures, identifying sources and clearly identifying between fact and rumor;
- not misleading the public and treating readers, electoral officials, candidates, political parties and other members of the press professionally and honourably;
- labeling opinions as opinions and limiting them to the editorial or opinion pages;
- avoiding conflict of interest or the perception of conflict of interest;
- avoiding being manipulated by politicians, political parties or special interest groups;
- not taking gifts from newsmakers, politicians and others if it compromises journalistic integrity;
- avoiding bidding for stories or paying for information;
- providing equal treatment to all political advertisers, including access to and rates for advertising. Resisting pressure by advertisers to influence news coverage or content. Clearly labeling advertising so it is not confused with news;
- not plagiarizing stories or photos; and
- not mis-representing their identity as a policeman, election official, international observer or other person in order to get a story.
For more information on the press see Media Code of Ethics.
