Basic Issues
Observers have both rights and responsibilities in relation to the administration of election processes, the political participants, and the public. Observers rights may derive either from the law of the country or from negotiation with the government or electoral management bodies. These rights should be clearly agreed upon and understood by all participants prior to the commencement of the observation program.
A fully transparent and accountable election system should be open to scrutiny not just from political participants but also from interest groups with a focus on governance issues. The following discussion concentrates on rights and responsibilities as they relate to independent local or international observers. (For discussion of rights and responsibilities of representatives of parties or candidates, see Political Parties as Election Monitors.)
Right to Obtain Information
Meaningful observation depends on full access to information. If not specifically sanctioned by law, access should be negotiated to all relevant election documentation, including:
- legislation, rules, regulations and procedural documentation;
- voter registration records;
- voting station location determination and staffing records;
- ballots, records of ballots issued, of counts and results;
- decisions on determination of voter eligibility;
- decisions of and instructions to electoral management or other relevant bodies (for example, media regulation or security);
- instructions to polling officials and other election staff;
- records of complaints or challenges.
Access should also be negotiated to all activities relevant to the election process. These would include:
- meetings and operations of electoral management bodies;
- voting stations and counting centres during their operation;
- computer and other data processing centres;
- complaint resolution bodies;
- staff training.
Also very important is the freedom to make personal contact with election officials, party members, voters and the general public. Such contacts enable observers to examine the effect and perceptions of election processes on political participants and the public, not merely the processes themselves.
Observer requests for information can be an effective means of opening up closed bureaucratic systems, particularly where observers are backed by international governments or organisations. Unreasonable refusal to provide observer access to election-relevant information, or intimidation of those who provide observers with information, can be taken as a priori evidence of possible system manipulation and should be the subject of immediate reporting and complaint.
Information Gathering Responsibilities
In exercising rights to gather information, observers must also adhere to responsibilities in their own behaviour. Some are of a general nature, such as dealing in a professionally courteous manner and being aware not only of cultural and environmental sensitivities but of operational capacities to produce the requested information. Independent observers must at all times act in an impartial manner, in their information gathering and assessments, and in their consultation or coordination with electoral management bodies, parties, or executive government. Compromised independence will devalue observer findings. Independence will also be compromised if observers interfere with election processes, disregard election laws, regulations or codes, or take a decision-making or instruction role in election operations.
Right to Freedom of Movement and Personal Security
Observers have a right to personal security. Observation of transitional elections often occurs in volatile environments. In such situations the host state and any international security forces present have an obligation to provide security for observers' freedom of movement to the level required for them to complete their functions. Preferably, observation programs should be both widely publicised and publicly visible, though this may be constrained by operational security considerations (see Observer Logistics and Management of Observation).
Security Responsibilities
Observers must assist in their own security by not taking provocative actions, interfering with election security operations, or recklessly endangering the security of themselves or others.
Observers also have a responsibility to ensure that they hold valid accreditation to the sites at which they are observing. Preferably, such accreditation would cover all relevant sites rather than allow state authorities to effect control over observer scheduling by accrediting observers to a particular location only. (For examples of observer accreditation cards, see Observer Card - Belarus 1996 and Observer Card - Russia, 1996.)
Right to Disseminate Information and Findings
The intended product of observation is an enhanced, more open flow of information about the functioning and quality of election processes, potentially leading to redress of any irregularities and future improvement. Making this information available to the media, local political participants, election administrators, and the general public enhances its impact. It may be necessary, however, to seek guarantees of freedom to release observer information and reports locally.
Information Dissemination Responsibilities
In releasing information or findings, there is a responsibility on observers to ensure that information provided is factual, verifiable, and clearly and unemotionally presented. Election environments can be volatile, with political participants ready to seize on any hint of errors, irregularities or bias. Care needs to be taken in passing information to the media and political participants, as meanings can easily be twisted to suit particular agendas.
It is sensible that relations with the media be restricted only to designated experienced staff. Observers should be cautious about disclosing information, and should not do so prematurely or in a manner that may needlessly cause apprehension or harm the sources of the information. Negatively-skewed reporting is generally to be avoided. Positive assessments of election processes that have been well-conducted are as important as identifying perceived problems. Their recognition can provide stimuli for other improvements.
Information dissemination strategies should include rigorous mechanisms for checking purportedly factual content, analytical findings, and the tone of language in which information is expressed.
Intervention in Election Processes
In some jurisdictions it may be possible for observers to take a more active role, though this is always at the risk of compromising their independence and must be exercised with caution. There are two broad areas where practical exigencies may suggest observer intervention.
The first is in relation to complaints about election irregularities. It is more usual for election law to allow formal appeals against election actions to be made only by those with a direct interest in the election result, such as election officials, political participants, or eligible electors. In some jurisdictions, electoral law or negotiated arrangements with governments may allow such appeals by independent bodies. Observers may find it necessary to lodge formal complaints through courts or superior administrative appeal mechanisms if irregularities are not rectified after they have been reported to electoral management bodies and/or publicised (or where, perhaps by agreement of all political participants, irregular practices remain unchallenged). Such action should only be taken after very careful consideration.
More often, observers may be in situations where assistance with election operations is either requested by election managers, or it becomes obvious to observers that election officials are unable to implement some required actions. Pressure on observers to become operationally involved may be intense where low-key action may prevent failure of the process--for instance, assisting with materials transport, in training, or setting up a voting station or ballot counting centre.
Prudent intervention through discussion with the on-site election officials or immediately alerting observer management or superior electoral management authorities may rectify the situation. However, the observers should not countermand official instructions or attempt to directly manage election operations. Any error in interpreting required procedures by the observers will have serious consequences. The impact of providing actual assistance to election officials should be very carefully considered, as again it has the potential to compromise observer independence.
Code of Conduct
The basic ethical and professional responsibilities of independent observers should be summarised in a code of conduct, in a similar fashion as for election administrators and political participants. The code must be provided to and understood by each observer prior to field assignment.
Major issues that should be included in the code include:
- Observers are to act in a strictly neutral manner, in accordance with the laws, regulations and election code of the country.
- Observers must not act in a manner prejudicial to the election system.
- Any relationships formed by observers with participants in the election that may give rise to allegations of conflict of interest must be immediately disclosed.
- Observers should make inquiries and gather information in an open and professionally courteous manner.
- Observers should not obstruct or countermand decisions of election officials.
- Observers must not disrupt or interfere with election processes.
- In their reporting, observers should give weight to positive actions as well as irregularities, and distinguish between honest errors and attempts at manipulation--irregularities found should be reported to observer and electoral management for appropriate action.
- Findings are to be based on verifiable factual evidence that has been assessed according to agreed standards and disclosed in a factual, unemotional manner.
- Observers must adhere to their organisation's rules for media contact, its reporting requirements, and its information dissemination strategy.
- Information disclosed must be accurate, sustainable, and not based on isolated circumstances--conclusions should not be disclosed prematurely.
- observers should at all times be mindful of personal safety and not needlessly endanger the safety of others.
The code should be a practicable, useful document, rather than just for show. Breaches of the code should be dealt with swiftly by observer management. (For a basis from which to construct observer codes of conduct for specific environments, see Code of Conduct: Election Observation, International IDEA.)
