There is a clear role for the EMB in helping to create an atmosphere which lends itself to the
conduct of free, fair and peaceful elections.
One approach adopted in some countries in relation to this is for the national election body to
join
together with the political parties in writing an agreed code of conduct for the parties to which
they all undertake to abide. The Electoral Commission of Nepal in the document 'Electoral
Process in Nepal' has a section on the conduct of the election campaign which reads as
follows:
A minimum period of 30 days is allowed mandatory by law to candidates for election
campaign.
While campaigning, the following activities are prohibited and, therefore, punishable:
- Character assassination of a candidate.
- Which affect the independence, sovereignty or territorial integrity of the Kingdom.
- Which promote or cause hatred, enmities or contempt on the basis of religion, community,
caste, creed, language and region.
- Which appeal to or causing to vote or refrain from voting on the basis of religion,
community, caste, creed or region.
In order to ensure peaceful and fair election, the Electoral Commission has also evolved a code
of conduct in consultation with various recognized political parties and the Government. The
code of conduct relating to campaigning is equally applicable to the candidates of political
parties
and independent candidates. The said code also contains provisions which are applicable to the
government on matter of mass media and other official facilities and services.
Such codes, to which all parties, candidates (including independent candidates) and agents
subscribe by formally undertaking to abide by its terms, can cover any aspects of the pre-election
period. The national election body can facilitate the writing of the code but it is important that
those involved in the election have a part in writing, amending and agreeing. The code of
conduct may include such things as control of supporters, co-operation with the national election
body on all electoral matters, peaceful campaigning, agreeing not to disrupt opponents' meetings
or rallies and agreeing to accept the outcome of the election and challenging only in a lawful
way.
The national election body also has a responsibility in seeing that all candidates and parties abide
by the code of conduct. Because of its independence the election body is in a good position to
enforce the code and deal with any breaches. Such breaches, which may be against the election
law itself and not just the code, should be dealt with as quickly as possible if credibility is to be
maintained. These will usually be reported by other candidates, agents or their supporters. There
are different ways of dealing with actions which break the code of conduct or the election law
but whatever model is chosen there should be sanctions which may range from a warning as to
future conduct through to fines or even suspension from the election itself. For example, the
EMB, upon receiving complaints about breaches of code, may have the power to investigate and
impose sanctions. Alternatively, the role may be only to receive the complaints for onward
transmission to the judiciary or the police.
It may be that the national election body has the power to investigate and prosecute.
Alternatively, a special commission may be established to handle complaints. One other method
could be to allow the parties/candidates to bring complaints directly to the courts for
determination. In Botswana, police officers routinely tape-record speeches held at all political
rallies in order to have evidence of violations of laws.
In developing democracies the acceptance of the code can be used to the advantage of the
national election body and to the country as a whole. Carefully planned publicity immediately
prior to or at the beginning of the election period detailing agreement to the code of conduct can
go some way in demonstrating political tolerance on behalf of the players.
