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Resolution 1771 (2010) Final version
An internationally recognised status of election observers
1. The Parliamentary Assembly refers
to its previous work relating to the electoral process, in particular Resolution 1320 (2003) on
the Code of Good Practice in Electoral Matters; Resolution 1546 (2007) on
the code of good practice for political parties; Resolution 1591 (2007) on
distance voting; Resolution
1590 (2007) on secret ballot – European code of conduct
on secret balloting, including guidelines for politicians, observers
and voters; Resolution
1705 (2010) on thresholds and other features of electoral
systems which have an impact on representativity of parliaments
in Council of Europe member states; and Resolution 1736 (2010) on the Code of
Good Practice in the field of Political Parties.
2. Democratic elections are a manifestation of fundamental, civil
and political rights and they are a key pillar of political stability.
The Assembly has already stressed that the holding of free, equal,
universal, secret and direct elections at regular intervals remains
a sine qua non for recognising
a political system as democratic and that its objective is to establish
the world’s largest “free and fair election” zone.
3. Observation of elections plays an important role in enhancing
the democratic electoral process and promoting the protection of
human rights. Election observers monitor elections that are held
according to domestic and international law standards. They also
scrutinise the existing electoral legal framework. Therefore, election
observation is an effective instrument for identifying shortcomings
of the electoral process and deterring fraud. It is also a tool
to increase the confidence of the electorate in the electoral process.
4. Nowadays, election observation is a widely accepted procedure.
At the international level, there are many organisations, like the
Organization for Security and Co-operation in Europe (OSCE) and
the European Union, which are engaged in election observation, and
most of them have adopted guidelines on election observers.
5. The Assembly notes that although several organisations are
interested in promoting free and fair elections and that consequently
several guidelines govern the status of election observers in various
ways, these guidelines are not congruent. In its Resolution 1320 (2003),
the Assembly, noting that “every European or international organisation
has tended to follow its own criteria on the observation and evaluation
of elections, and that there is neither a formal text setting out
all the underlying principles of European electoral systems nor a
permanent European body responsible for electoral monitoring”, considered
that “the Council of Europe, owing to its specific role as the guardian
of democracy in Europe, should play a pioneering role in codifying election
rules”.
6. The Assembly recalls its long-standing experience of election
observation and draws attention to its own role in promoting democratic
elections.
7. The Assembly also draws attention to the acquis of other Council of Europe
bodies in the field of electoral law, in particular the work of
the European Commission for Democracy through Law (Venice Commission),
its Council for Democratic Elections and the Congress of Local and
Regional Authorities of the Council of Europe. It welcomes, in particular,
the election-related guidelines adopted by the Venice Commission,
such as the Code of Good Practice in Electoral Matters, and its
recent documents on the status of election observers.
8. On the basis of the Venice Commission recommendations and
guidelines, the Assembly considers that there are no common rules
on election observers, even though several essentially non-binding
instruments of international law deal with their rights and duties.
At the international level, these rules are still fragmentary. The
Assembly considers that there is a need for congruent international
rules on the status of election observers.
9. Concerning domestic regulations on the status of election
observers, the Assembly acknowledges that, in the majority of member
states, there exist no legislative provisions on this issue. Although
certain states have incorporated rules on this subject, these provisions
vary greatly from country to country, and electoral practice is
still affected by various national traditions. The Assembly reiterates
that this situation should not be used as a pretext to undermine
the basic principles governing the conduct of free and fair elections.
10. The Assembly considers that the adoption of congruent rules
at the European level could strengthen the status of election observation,
as well as the credibility and legitimacy of elections, and prevent
certain practical problems, such as the risk of forum shopping among
election observers. Such rules should be based on the Declaration
of Principles for International Election Observation and on the
Code of Conduct for International Election Observers.
11. The Council of Europe should strengthen its efforts to maintain
confidence in electoral systems. The implementation of the above
guidelines and a uniform status for election observers would be
one of the means to achieve this objective.
12. The Assembly therefore calls on the Council of Europe member
states to:
12.1. implement in their
national legislation the Declaration of Principles for International
Election Observation and the Code of Conduct for International Election
Observers, if they have not yet done so;
12.2. promote the knowledge of the rules contained therein among
the relevant stakeholders, by organising seminars and training,
and providing relevant and up-to-date documentation;
12.3. step up international co-operation with other organisations,
such as the Organization for Security and Co-operation in Europe/Office
for Democratic Institutions and Human Rights (OSCE/ODIHR) and the
European Union, as well as other stakeholders involved in election
observation.
13. The Assembly supports the Venice Commission in its valuable
work in the field of electoral law and, in particular, in codifying
and setting up rules on the status of election observers. The Assembly
encourages it to work further in this area.
14. Furthermore, the Assembly calls on Council of Europe member
states to implement the Venice Commission guidelines on an internationally
recognised status of election observers, but without duplicating the
standards in the Declaration of Principles for International Election
Observation and in the Code of Conduct for International Election
Observers. In fixing explicit rules on the rights and duties of
election observers, member states should in particular:
14.1. provide that election observers’
tasks should cover areas of assessment of the whole electoral process,
including the pre-voting phase, the voting day phase and the post-voting
phase;
14.2. ensure that election observers are invited sufficiently
well in advance;
14.3. clearly define and harmonise the accreditation procedure;
rules on accreditation should be implemented in a flexible manner;
14.4. provide for remedies if election observers’ rights are
not respected;
14.5. ensure that observers’ freedom of movement is not restricted;
14.6. guarantee the security of election observers while carrying
out their duties.
15. It invites the members of parliamentary delegations to the
Assembly to:
15.1. introduce the
question of the status of election observers into the work of their
national parliaments;
15.2. promote the work of the Venice Commission and of the Assembly
in the area of electoral matters, including election observation.