Code of Conduct for Observers - Pakistan 2013

ELECTION COMMISSION OF PAKISTAN

NOTIFICATION

Islamabad the 7th March, 2013

No. F.2(10)/2013-Cord(1) – In exercise of the powers conferred upon it under Article 218(3) of the Constitution of the Islamic Republic of Pakistan read with Section 104 of the Representation of the People Act, 1976 and all other powers enabling it in that behalf, the Election Commission of Pakistan is pleased to issue the Code of Conduct for Observers for the General Elections, 2013 and subsequent by-elections:

1. Every person who participates in election observation individually or as a member of local group/organization or International Election Observation Mission must read and understand this Code of Conduct and shall sign a pledge annexed to this Code.

2. Observers shall respect the sovereignty of Pakistan as well as the fundamental rights and freedom of its people.

3. Observers shall adhere to the laws of the Islamic Republic of Pakistan and respect the authority of the Election Commission and its election officials.

4. Observers shall follow instructions issued from the Election Commission and State authorities including security officials and maintain a respectful attitude towards them.

5. Strict political impartiality shall be maintained by Observers at all times during election process. They shall not exhibit any bias or preference with regard to national authorities, political parties and candidates as well as any issue related to the process of elections.

6. Observers shall not conduct or participate in any activity that may generate an impression of favoring or opposing any political party or a candidate.  

7. The Observer will have right to ask any question and to clear any query but they will not obstruct directly or indirectly in any pre-election, election and post election process.

8. Observers shall display their official identification badges, issued by the Election Commission of Pakistan, at all times and shall present it to electoral officials and other national authorities when requested.

My accreditation card as international observer in General Election of Sri Lanka April 2010

9. Observers shall ensure that all their observations are impartial, objective and depict the highest standards of accuracy.

10. Individual Observer shall not make any personal comments about his/her observation or conclusion on the election process to the media. Observation Organizations or groups should ensure that only their authorized persons give comment about the election process.

11. Observer Organizations may share their findings, methodology and recommendations with the Election Commission of Pakistan.

12. Observers shall maintain proper personal behavior and respect others, including exhibiting sensitivity for culture and customs of the country and observe the highest level of professional conduct at all times.

13. All organizations requesting accreditation from the Election Commission of Pakistan shall be responsible for education and training of their individual observers in electoral laws and procedures, including this Code.

14. The Observers intending to visit Pakistan shall submit their visa applications well in time, according to the rules laid down by relevant authorities of the Government of Pakistan. No observer shall stay in Pakistan beyond the duration of granted visa. 

15. Observers shall comply with advisories that may be issued by the Government or security agencies to ensure their safety during their stay in Pakistan.

16. In case of violation of this Code of Conduct, the Election Commission of Pakistan reserves the right to withdraw observer accreditation of an individual Observer or an Observer Mission. The authority to determine the violation also rests with the Election Commission of Pakistan. 

By order of the Election Commission of Pakistan,

(Syed Sher Afgan)

Director General (Elections)

International Standards for Elections

International standards for election stem from political rights and fundamental freedoms established by universal and regional treaties and political commitments. 

Standar internasional bagi pemilu berasal dari hak politik dan kebebasan mendasar yang diperkuat oleh berbagai treaties (kesepakatan) universal dan regional dan komitmen politik. 

These provide a basis for the assessment of election processes by both international and domestic election observers. 

Kesepakatan-kesepakatan ini merupakan dasar bagi pemantauan yang dilakukan oleh pemantau pemilu nasional dan internasional.

The principal universal legal instruments are the Universal Declaration of Human Rights (UDHR), much of which has the force of international customary law, and the International Covenant on Civil and Political Rights (ICCPR), which has been signed and ratified by over 160 states and is legally binding on all ratifying countries. In addition to having legal force, these instruments have strong political and moral force.

Instrumen hukum universal yang paling prinsipal adalah Deklarasi Universal Hak-hak Asasi Manusia dan ICCPR yang telah ditandatangani dan diratifikasi oleh 160 negara dan mengikat secara hukum negara-negara yang telah meratifikasinya. Selain memiliki kekuatan hukum, kedua instrumen ini memiliki kekuatan politik dan moral.

Other universal treaties also provide standards for the conduct of elections. These include

Sejumlah treaties atau kesepakatan internasional juga menyediakan sejumlah standar dalam pelaksanaan pemilu. Yaitu:

1.  the International Convention on the Elimination of All Forms  

   of racial Discrimination (ICERD)

2.  the Convention on the Elimination of All Forms of 

   Discrimination Against Women (CEDAW)

3. the Convention on the Rights of Persons with Disabilities (CRPWD)

Regional instruments, agreed to by states within a geographic region or as members of an international organization, include both treaties and political commitments.

Sedangkan instrumen regional disetujui oleh negara-negara yang ada dalam satu regional tertentu atau anggota dari organisasi internasional, termasuk di dalamnya treaties dan komitmen politik.

The organizations that have agreed such instruments:

Organisasi yang setuju dengan instrumen regional adalah:

1.  the African Union (AU)

2.  the Economic Community of West African States (ECOWAS)

3.  the Southern African Development Community (SADC)

4.  the Organization of American States (OAS)

5.  the Council of Europe (CoE)

6.  the Organization for Security and Cooperation in Europe (OSCE)

7.  the Commonwealth of Independent States (CIS)

8.  the League of Arab States (LAS)

9.  the Organization of the Islamic Conference (OIC)

10.  the Commonwealth

11.  the Bangkok Declaration

Election Observers in Legal Framework

To ensure transparency and to increase credibility, the legal framework should   provide that election observers can observe all stages of election processes.

A transparent election process is an international standard necessary to ensure democratic elections. The presence of domestic and international election observers in the evolving democracies tends to bring credibility and legitimacy to the election process being observed and serves to deter overt acts of electoral fraud, especially during the polling. However, certain mature democracies, where there is public trust in the impartiality and neutrality of the election administration, such observation of elections may not be provided.

I was in the front of one polling station in Songkhla Province, southern Thailand.  Thailand Parliamentary Election, 3rd July 2011.

Many legal frameworks provide for the presence of observers, both domestic and foreign, in addition to representatives of the media, political parties and candidates, to ensure transparency. Essentially, election observation means the purposeful gathering of information regarding an electoral process, and making informed judgements on the conduct of such process on the basis of information collected, by persons who are not inherently authorized to intervene in the process and whose involvement in mediation or technical assistance activities should not jeopardize their main observation responsibilities.

Domestic election observers

There is now an increasing trend to permit domestic election observation. Election observers from civil society groups (such as various church groups, women's and youth organizations, and NGOs) can play an important role, and should have the right to be accredited to observe. All facilities should be afforded to these domestic observers to carry out their assigned duties. Any laws regulating NGOs and public associations should be reviewed to ensure that they do not unreasonably obstruct acquisition of the necessary legal status and accreditation as domestic election observers. The legal framework should provide clear and objective criteria for registration and accreditation as an observer and be clear as to the authority accrediting observers, the requirements for obtaining observer status and the circumstances in which observer status can be revoked.

The law should provide clear and precise provisions establishing the rights of observers to inspect documents, attend meetings, observe election activities at all levels and at all times, including counting and tabulation, and to obtain relevant certified copies of documents at all levels. The law should also establish an expedited process for observers to obtain corrective relief when an election management body refuses to accredit an observer or observer group.

The legal framework must also be clear and precise concerning what a domestic observer may not do, for instance, interfere with voting, take a direct part in the voting or counting processes, or attempt to determine how a voter will vote or has voted. It should strike a balance between the rights of observers and the orderly administration of the election processes. But in no case should it hinder legitimate observation, "muzzle" observers, or prevent them from reporting or releasing information that has been obtained through their observations.

International election observers

International election observation is neither a right, nor as yet an recognized international standard. State sovereignty still requires that there should be a formal invitation to foreign election observers, and there may be more stringent requirements for accreditation of international as opposed to domestic election observers. However, regional and similar international agreements may require countries to open their elections to international observers (for example, in the Organization for Security and Co-operation in Europe (OSCE) countries); if this is the case the law must make appropriate provisions for observers. The law should also state when and by whom such election observers are to be invited.

International election observation may sometimes occur as part of a broader human rights observation process regarding minority rights or the rights of oppressed groups, without a formal invitation or accreditation.

Source: 

International Electoral Standards: Guidelines for reviewing the legal framework of elections