the integrity of elections the role of regional organizations pdf

7/28/2019 The Integrity of Elections the Role of Regional Organizations PDF

1/164

The Integrity o Elections:

Te Role o Regional Organizations


2/164


3/164

The Integrity o Elections:

Te Role o Regional Organizations

Contributors:Julio Amador III

Franck Balme

Amor Boubakri

Raul Cordenillo

Andrew Ellis

Pablo Gutirrez

Henry Ivarature

Shumbana Karume

Gillian McCormack

Mara eresa Mellenkamp

Betilde Muoz-Pogossian

Eleonora Mura

Domenico uccinardi

Editors:Raul Cordenillo

Andrew Ellis


4/164

International IDEA

International Institute or Democracy and Electoral Assistance 2012

International IDEA

Strmsborg, SE-103 34, STOCKHOLM, SWEDEN

Tel: +46 8 698 37 00, ax: + 46 8 20 24 22

E-mail: [email protected], website: www.idea.int

The electronic version o this publication is available under a Creative Commons Licence (CCl) Creative

Commons Attribute-NonCommercial-ShareAlike 3.0 Licence. You are ree to copy, distribute and transmit

the publication as well as to remix and adapt it provided it is only or non-commercial purposes, that you

appropriately attribute the publication, and that you distribute it under an identical license. For more

inormation on this CCl, see:

International IDEA publications are independent o specifc national or political interests. Views expressed in

this publica tion do not necessarily represent t he views o In ternational IDEA , its Board or it s Council members.

Graphic design by: Turbo Design, Ramallah

Cover photo: (Photo o the hands in the cover illustration) is taken rom Corbis/Scanpix

Printed by: Trydells Tryckeri, Sweden

Design o cover: Turbo Design, Ramallah

Photo o hands on the cover: Corbis/Scanpix

ISBN: 978-91-86565-6 3-3


5/164

International IDEA 5

Preace

Elections can urther democracy, development, human rights and security,or undermine them. For this reason, promoting and protecting the integrityo elections is critically important. Only when elections are credible can theylegitimize governments, as well as eectively saeguard the right o citizens toexercise their political rights.

Regional organizations today increasingly play a role in promoting andprotecting the integrity o elections. Teir initiatives range rom electionobservation to technical assistance at the national and local levels, in line

with their respective mandates and the legitimacy that they draw rom theirmember states. Teir activities constitute a unique resource that needs to beharnessed.

It is thereore highly relevant that, at the inaugural meeting o the Inter-Regional Dialogue on Democracy, the heads o regional organizations agreedto ocus on the integrity o elections. Launched on 15 April 2011 at theheadquarters o the Organization o American States in Washington, DC, theInter-Regional Dialogue on Democracy is a platorm or engagement among

regional organizations on democracy and related issues. It draws on existingcooperation between regional organizations and with International IDEAand builds on the spirit o the biennial retreat with regional organizationsconvened by the United Nations Secretary-General to promote inter-regionalcooperation.

International IDEA, as the acilitator o the Inter-Regional Dialogue onDemocracy, endeavours through this publication to capture and take stocko the experiences o regional organizations in promoting and protecting theintegrity o elections. Te chapters, which are organized by region, seek toincrease the understanding o the roles that regional organizations play inelections in various contextually sensitive settings in their regions. Tey alsoallow or reection on the lessons learned that could serve as ood or thoughtor other regional organizations and democracy actors.


6/164

6 International IDE A

Tis publication also complements Deepening Democracy: a Strategy orImproving the Integrity o Elections Worldwidethe report o the Global

Commission on Elections, Democracy and Security, which outlines a strategyto improve the integrity o elections worldwide. Te Global Commission isa high-level panel chaired by ormer UN Secretary-General Ko Annan andits recommendations highlight the role regional organizations can play inimproving the integrity o elections. In particular, the Global Commissionrecommends that regional organizations should determine and communicateclearly their red lines in relation to electoral malpractice that, i violated, wouldtrigger multilateral condemnation and sanction. Te Global Commissionalso recommends that regional organizations should be more proactive and

engaged throughout the electoral cycle and stand up or electoral integritybeore elections actually take place.

International IDEA is proud to be the acilitator o the Inter-Regional Dialogueon Democracy. I would like to express my thanks to the participating regionalorganizations, which have generously shared their inputs and supported thispublication.

Vidar HelgesenSecretary-GeneralInternational IDEA


7/164


Contents

Preace .................................................................................................. 5Acronyms and abbreviations............................................................. 12

Introduction ......................................................................................... 15

Raul Cordenillo and Andrew Ellis

Background ....................................................................................................... 15

An overview o the chapters ............................................................................... 17

Notes .......................................................................................................... 19

1. Reections on Arican Union Electoral Assistance andObservation ......................................................................................... 21

Shumbana Karume and Eleonora Mura

Introduction ...................................................................................................... 21

Te background to AU election observation and monitoring ............................. 22

Te OAU/AU Declaration on the

Principles Governing Democratic Elections in Arica ................................ 25

Te Arican Charter on Democracy, Elections and Governance ................ 27

Te establishment o the Democracy and Electoral Assistance Unit .......... 29

Current AU initiatives and policy orientations ................................................... 29

From short- to long-term observation ......................................................... 31

Improved coordination between the AU and the regional economic

communities .............................................................................................. 31

Strengthening technical and governance assistance.................................... 33

Conclusions ....................................................................................................... 34

Reerences .......................................................................................................... 35

Notes .......................................................................................................... 37

2. Giving ASEAN a Role in Philippine Elections: The Case or

Regional Participation in Deepening Democratization Processes 41

Julio S. Amador III


8/164


Introduction ...................................................................................................... 41

A brie overview o elections in the Philippines .................................................. 43

Te ASEAN institutional context and policies ................................................... 46ASEAN and elections ........................................................................................ 49

Laying institutional oundations ........................................................................ 50

Conclusions ....................................................................................................... 53

Reerences and urther reading .......................................................................... 54

Notes .......................................................................................................... 55

3. The Evolution o Election Observation in the European Union:

From Fraud Prevention to Democracy Support .............................. 57

Domenico Tuccinardi, Franck Balme and Gillian McCormack

Introduction ...................................................................................................... 57

Te Declaration o Principles or International Election Observation ................ 59

No longer just ree and air ...................................................................... 61

What international standards? ........................................................................... 62

Te impact on EU election observation ............................................................. 64

Te underrated value o domestic election observation ...................................... 66

Domestic observers and observation around the electoral process .............. 68

Te regional dimension o international observation ......................................... 70

Conclusions ....................................................................................................... 72

Reerences .......................................................................................................... 74

Notes .......................................................................................................... 75

4. The League o Arab States and the Electoral Gap ...................... 77

Amor Boubakri

Introduction ...................................................................................................... 77

Te Arab League and democratization in the Arab region ................................. 79

Te Arab League and elections .......................................................................... 81A modest involvement ................................................................................ 81

Te legal and institutional ramework........................................................ 82

Electoral assistance............................................................................................. 84

Te observation missions ................................................................................... 85

Te geographical ocus o election observation missions ............................ 86

A ocus on presidential elections ................................................................ 86

A trend towards collaborative action .......................................................... 86

Te main difculties o the Arab Leagues observation missions ........................ 88

A lack o means .......................................................................................... 88A lack o guidelines .................................................................................... 88

What role or the Arab League in uture elections? ............................................ 89

Conclusions ....................................................................................................... 90


9/164


Selected bibliography ......................................................................................... 90

Notes .......................................................................................................... 92

5. The Responsibility to Expose: The Role o OAS Electoral

Observation Missions in the Promotion o the Political Rights o

Women ................................................................................................. 95

Betilde Muoz-Pogossian

Introduction ...................................................................................................... 95

Making womens participation in the electoral process visible: a theoretical

ramework .................................................................................................. 96

Gender equality in the Americas ........................................................................ 97

Te role o the OAS ........................................................................................... 98

Te methodology at work: beyond the theoretical ramework ........................... 101

Paraguay .................................................................................................... 101

Peru ........................................................................................................... 103

Guatemala ................................................................................................. 104

Colombia ................................................................................................... 105

Guyana ...................................................................................................... 106

Mainstreamed perspective in OAS EOMs: the example o Saint Lucia ...... 106

Conclusions ....................................................................................................... 107

Reerences .......................................................................................................... 111

Notes .......................................................................................................... 111

able 5.1 Womens participation in elections in Latin America:

a comparative overview ...................................................................... 108

Figure 5.1 Participation by women in OAS electoral observation missions 99

Figure 5.2 Te concept o democratic elections .......................................... 100

6. Quality Management Systems and their Contribution to the

Integrity o Elections .......................................................................... 115

Mara T. Mellenkamp and Pablo Gutirrez

Introduction ...................................................................................................... 115

Quality management systems ............................................................................ 117

Certication under ISO quality management standards ............................ 117

Quality management principles ................................................................. 118

Certication process actors ........................................................................ 119

Promoting electoral quality ................................................................................ 119

OAS electoral technical cooperation on QMS

and ISO standards certication.......................................................... 121OAS methodology or the introduction o QMS

and ISO certication or EMBs ......................................................... 121

Country cases .................................................................................................... 123


10/164


Te Panamanian certication .................................................................... 123

Te Peruvian certication .......................................................................... 125

Te Costa Rican certication ..................................................................... 128Te adoption o an international electoral ISO standard.................................... 129

Conclusions ....................................................................................................... 131

Reerences and urther reading .......................................................................... 132

Notes .......................................................................................................... 132

Figure 6.1 Te actors involved in the QMS implementation process and

certication under ISO quality standards or the Jurado Nacional de

Elecciones de Per .............................................................................. 120

Figure 6.2 OAS Methodology stages.......................................................... 122

Figure 6.3 ISO-certied processes in Panama ............................................ 125Figure 6.4 Four key certied processes in Peru .......................................... 126

Figure 6.5 Courses and training sessions in Peru ....................................... 127

Figure 6.6 Objectives and scope o the diagnostic in Costa Rica ............... 129

Box 6.1 Te JNE quality policy ................................................................. 128

7. Election Observation by the Pacifc Islands Forum: Experiences

and Challenges .................................................................................... 135

Henry Ivarature

Introduction ...................................................................................................... 135

Te Pacic Islands Forum and its Secretariat ..................................................... 136

A mandate to observe elections .......................................................................... 137

Te Biketawa Declaration and the three key principles .............................. 137

EOMs and the PIF Observer Group: an extension o the

Secretary General s good ofces role ................................................ 138

Domestic guidelines or international election observers ............................ 140

Te PIFs endorsement o the Declaration o

Principles and Code o Conduct ........................................................ 141

Joint EOMs: the PIF and the Commonwealth ........................................... 142

Strengths and weaknesses .................................................................................. 143

Case study 1: Te Solomon Islands ............................................................ 143

Case study 2: Te Autonomous Region o Bougainville ............................. 145

Case study 3: Te Republic o Nauru......................................................... 146

Prospects and recommendations ........................................................................ 147

From the short-term to the long-term ........................................................ 147

Follow-up ................................................................................................... 148

Development o regional norms ................................................................. 149

Alternatives to election observation: meetings o EMBs ............................. 150

Recommendations on gender in EOM reports and EOMs ........................ 151

Conclusions: strengthening PIF election observation practice............................ 151


11/164

International IDE A 11

Reerences .......................................................................................................... 153

Notes .......................................................................................................... 155

able 7.1 Summary o EOMs and observers on Forum EOMsrom 2001 to 2011 ............................................................................. 152

Conclusions ......................................................................................... 157


Election observation missions ............................................................................ 158

echnical assistance or cooperation ................................................................... 159

Gender mainstreaming ...................................................................................... 160

Domestic observation ........................................................................................ 160

Is there convergence? .......................................................................................... 160

Reections ......................................................................................................... 161

Notes .......................................................................................................... 161

About the Authors .............................................................................. 162


12/164

12 International IDEA

Acronyms and abbreviations

ANFREL Asian Network or Free ElectionsAPRM Arican Peer Review Mechanism

APSC ASEAN Political-Security Community

ASCC ASEAN Socio-Cultural Community

ASEAN Association o Southeast Asian Nations

AU Arican Union

CFSP Common Foreign and Security Policy (European Union)

COMELEC Commission on Elections (the Philippines)

DEAU Democracy and Electoral Assistance Unit (o the Arican Union)

DECO Department or Electoral Cooperation and Observation (Organization oAmerican States)

EISA Electoral Institute or Sustainable Democracy in Arica

EMB electoral management body

ENEMO European Network o Electoral Monitoring Organizations

EOM election observation missions

EOP election observation programme (Pacic Islands Forum)

FOG Forum Observer Group (Pacic Islands Forum)

EU European Union

FIC Forum island countries (Pacic Islands Forum)IOF Organization Internationale de la Francophonie

ISO International Organization or Standardization

JNE Jurado Nacional de Elecciones de Per (National Electoral Jury o Peru)

LAS League o Arab States

NAMFREL National Citizens Movement or Free Elections (the Philippines)

NEEDS Network or Enhanced Electoral and Democratic Support

NDI National Democratic Institute or International Aairs

NEPAD New Partnership or Aricas Development

NGO non-governmental organizationOAS Organization o American States

OAU Organization o Arican Unity

OAV overseas absentee voting


13/164


ODIHR Ofce or Democratic Institutions and Human Rights (Organization or

Security and Co-operation in Europe)

OSCE Organization or Security and Co-operation in EuropePIF Pacic Islands Forum

PNG Papua New Guinea

PVT parallel vote tabulation

QMS Quality Management System

REC regional economic community

RMI Republic o the Marshall Islands

SAARC South Asian Association or Regional Cooperation

UN United Nations


14/164

Introduction


15/164


Introduction


Background

Regional organizations are among the key actors in present-day internationalrelations. Tey oster dialogue among states and serve as a platorm or thediscussion o various transnational economic, political and social issues. Teyalso play an increasingly important role in elections.

Elections are a cornerstone o democracy. Tey empower people to participatein the selection o their political representatives. Protecting and promotingthe integrity o elections is thereore a top policy priority.

roubled electoral processes and their all-out have challenged the credibilityo democracy in recent years. Elections that are recognized as ree and airresult in a peaceul transition o power, while electoral processes that aredeemed raudulent or violent, or to have been manipulated, can either lead toor exacerbate political instability.

Ultimately, protecting and promoting the integrity o elections is theresponsibility o all national stakeholders. o this end, states not onlypass legislation, set up institutions or draw up codes o conduct and other

enorcement mechanisms at the national level, but also commit themselvesto regional and international principles o democracy. Tis is where regionalorganizations draw their respective mandates to work on elections. Teirinitiatives range rom election observation missions (EOMs) to dialogueand cooperation on various issues with the electoral management bodies(EMBs) o their member states. Some regional organizations also providetechnical assistance or cooperate on the implementation o recommendationsemanating rom EOMs, which seek to improve or correct specic aspects odemocratic elections.

Te Organization o American States (OAS) started to monitor elections inthe 1960s. Te Arican Union (AU), the European Union (EU), the Leagueo Arab States (LAS) and the Pacic Islands Forum (PIF) are all currently


16/164


The Integrit y o Elections: The Role o Regional Organizations

undertaking EOMs. Te Association o Southeast Asian Nations (ASEAN)has also begun monitoring elections and the South Asian Association or

Regional Cooperation (SAARC) has undertaken EOMs in the past. In someo these regional organizations, meetings among the EMBs o their memberstates are held regularly and electoral technical assistance and cooperation arepart and parcel o their political cooperation.

Te experiences o regional organizations are a unique resource that needsto be harnessed and shared not only with their peers, but also with otherdemocracy actors. Te meeting o the Inter-Regional Dialogue on Democracy,a platorm or engagement among regional organizations on democracy and

related issues which was launched on 15 April 2011, agreed to ocus initiallyon the role that regional organizations can play in promoting and protectingthe integrity o elections.

Tis publication is a collection o background papers prepared or the Inter-Regional Workshop on Regional Organizations and the Integrity o Elections,

which took place in Stockholm in December 2011. Te papers, presentedhere as chapters, ocus on the regional organizations that participate in theInter-Regional Dialogue on Democracy.1

Te dierent chapters aim to highlight the mandates and election-relatedinitiatives o the regional organizations, including gender mainstreaming,as well as their achievements, challenges and limitations. Some are writtenrom an insider perspective, since they are contributions rom ofcials withinthe regional organizations. Others contain perspectives rom observers inthe respective regions. Te chapters discuss policy implications and makerecommendations that regional organizations and policymakers shouldconsider and may wish to take urther.

It is notable that the majority o the initiatives by regional organizations arerelated to EOMs. It is thereore tempting to make a binary classication o theinitiatives as either EOM-related or not. Such a delineation, however, wouldmiss the opportunity to appreciate the dierences in the mandates o regionalorganizations, as well as the variations in the contexts in which they operate.Tis is easy to miss when examining regional organizations, particularly in acollection o this nature. Te chapters are presented in alphabetical order byname o regional organization.


17/164


Introduction

An overview o the chapters

Since the 1990s, the AU has observed close to 250 elections across amajority o its 54 member states. It has developed a ramework or electionobservation that allows or the institutionalization o its mandate and orthe increased proessionalization and standardization o its procedures andmethodologies. Beyond EOMs, its current initiatives extend to electoralassistance and governance support. A designated unit, the Democracy andElectoral Assistance Unit, has been established within the Political AairsDepartment. Chapter 1, Reections on Arican Union Electoral Assistanceand Observation, captures the AU experience, highlighting in particular its

policy interventions, new initiatives and uture priorities.

Chapter 2, Giving ASEAN a Role in Philippine Elections: Te Case orRegional Participation in Deepening Democratization Processes, was writtenprior to ASEANs observation mission to the 1 April 2012 by-elections inMyanmar. It essentially advocates a role or ASEAN in the conduct oelections in its member states by highlighting ASEANs commitments todeepening democracy and achieving good governance in the proposed

ASEAN Community. Using the Philippines as an example o a member state

in which ASEAN might play a role as an observer o the conduct o nationalelections, it advances the view that ASEAN could act as an intermediary orelectoral praxis and technology. Te mission to Myanmar may have startedthis process, but there is as yet no institutionalization o such practice in

ASEAN.

Chapter 3, Te Evolution o Election Observation in the European Union:From Fraud Prevention to Democracy Support, highlights the emergenceo EOMs as a democracy support instrument o EU external policy. Placed

in the context o the key developments in international election observationsince 2000, the chapter discusses the role that EOMs play in the EU strategyor democracy promotion in the post-Lisbon reaty setting. Recognizing theimpact, as well as the limitations, o EOMs, it sets out options or urtherprogramming in the eld o election observation.

Chapter 4, Te League o Arab States and the Electoral Gap, examines theinvolvement o the LAS in election observation and assistance. It points outthat, despite its limited mandate, as well as the absence o a specic legal

ramework to guide its work, the LAS has committed itsel to EOMs andis gradually overcoming the challenges at hand. Te chapter argues that theLAS can play an important role in election observation and assistance, andsuggests a set o electoral support and observation policies that would enable


18/164



the LAS to meet international standards and bolster its modest achievementsto date.

As the regional organization that has been undertaking EOMs or thelongest time, the OAS has rich experience o innovation, and particularlyo implementing the recommendations o such EOMs. Chapter 5, TeResponsibility to Expose: Te Role o OAS Electoral Observation Missionsin the Promotion o the Political Rights o Women, describes a pioneeringinitiative by the OAS to design a standardized methodology or incorporatinga gender perspective into its election observation eorts. It argues that theincorporation o a gender perspective would allow OAS EOMs to bring issues

o gender equity and womens political rights to the ore and help place theseconcerns on the political agenda. Te chapter also identies and exposes thebarriers to the equal participation o women and men in electoral processes,and provides ood or thought or policymakers and other organizations thatconduct EOMs.

Chapter 6, Quality Management Systems and their Contribution to theIntegrity o Elections, presents a new phase o cooperation between theOAS and the EMBs o its member states. Tis is the implementation o a

Quality Management System (QMS), which ends in the certication oelectoral processes or structures under International Standard ISO 9001. Techapter highlights the maturity required by EMBs to make a qualitative leapin their structure and operations, as well as the way in which they relate totheir clients. It concludes that this orm o technical cooperation could beapplicable to other organizations that carry out electoral technical assistanceor cooperation.

Chapter 7, Election Observation by the Pacic Islands Forum: Experiences

and Challenges, highlights the political eatures and region-specic aspectso PIF EOMs and makes policy recommendations to strengthen the PIFselection monitoring programme.

Te chapters in this publication are just a cross-section o a larger group opapers prepared or the Inter-Regional Workshop. Details o the Workshopand all the papers are available on the website o the Inter-Regional DemocracyResource, the secretariat o the Inter-Regional Dialogue on Democracy.2


19/164


Notes

1

Te participants in the Inter-Regional Dialogue on Democracy are the AU,ASEAN, the EU, the LAS, the OAS, the PIF and SAARC with International

IDEA as the acilitator. Eorts were made to obtain a paper ocused on SAARC,

but these were unsuccessul, largely due to the act that SAARC does not have

a direct mandate to engage in election-related initiatives. It should be noted,

however, that there have been a ew EOM-related initiatives by SAARC, including

the deployment o non-governmental election observers to the parliamentary

elections in Bangladesh, held on 12 June 1996.2 See .

Introduction


20/164

Reections on Arican Union

Electoral Assistance andObservation

Chapter 1


21/164


Chapter 1

Shumbana Karume and Eleonora Mura

Reections on Arican Union

Electoral Assistance andObservation

Introduction

Te predecessor to the Arican Union (AU), the Organization o Arican Unity(OAU), began showing a marked interest in the promotion o democracy andthe integrity o elections in Arica in the early 1990s. Te involvement o theOAU was marked by the adoption o declarations and resolutions, and by itsundertakings in the eld o election observation and assistance.

Te rst o the declarations in which Arican heads o state and governmentagreed that the OAU must involve itsel in the democratization process on the

Arican continent was the Declaration o the Assembly o Heads o State andGovernment o the Organization o Arican Unity on the Political and Socio-Economic Situation in Arica and the Fundamental Changes aking Placein the World, which was ormally adopted in July 1990. At the beginning

o the new millennium, the OAU and then the AU adopted numerousdeclarations and decisions on the promotion o democracy and goodgovernance.1 Tese include, rst and oremost, the Constitutive Act o the

Arican Union, the ounding document o the AU and the rst document toenshrine the promotion o democracy as part o the core mandate o the AU.Other important declarations are the Lom Declaration o July 2000 on theFramework or an OAU response to unconstitutional changes o government,the Declaration on the Principles Governing Democratic Elections in Arica(the Durban Declaration) o 2002 and the Arican Charter on Democracy,

Elections and Governance (May 2007).

All these legal instruments conrm the commitment o the AU not only tothe integrity o elections, but also to the overall strengthening o democratic


22/164



institutions and good governance in Arica. Tese legal instruments are theoundation or the comprehensive legal and institutional ramework or the

AUs action in the eld o democracy building.

Tis chapter provides a holistic overview o the work o the AU in the eld odemocratization, ocusing in particular on election observation and electoralassistance. It describes the evolution o the legal and institutional rameworkor the AUs work in the eld o democratization, and reects on recent AUinitiatives and policy orientations.

The background to AU election observation andmonitoring

Election observation emerged as a signicant mechanism or supportingdemocratic development in the post-Cold War period. Te 1989 elections inSandinista Nicaragua and the reerendum on sel-determination in Namibia

were early examples. On both occasions, the United Nations (UN) deployedobservers jointly with regional organizations to report on the democraticquality o electoral practices.2

Te OAUs rst involvement in election observation was in 1989, when itjoined the UN in monitoring elections in Namibia to ensure the ullmento United Nations Security Council Resolution 435 (1978), to oversee aninternationally agreed decolonization plan or Namibia.

In 1990, the majority o Arican countries were one-party states. Acombination o the end o the Cold War and increasing domestic demandor political reorm triggered a process o transition to democracy in many

Arican countries, and thereore multiparty and recurrent elections.

It was in this context that most Arican countries turned to the OAU orassistance. In response, the OAU Secretary General, Salim Ahmed Salim,stressed that it was the duty and responsibility o the OAU to respondpositively and eectively to appeals rom its constituent members to assistin the democratic transitions, in particular through election observation. Healso stressed the need to build the capacity o the OAU Secretariat to deal

with electoral observation.3

Until the end o the 1980s, the OAU had adhered strictly to the principle onon-intererence in the internal aairs o its member states, which had beenenshrined in Article 3 o the Charter o the OAU. Te governance ocus othe OAU was on the elimination o the last vestiges o colonialism in order


23/164


Relections on Arican Union Electoral Assistance and Observation

to promote the principle o sel-determination and to oster the establishmento truly sovereign states, ree rom all orms o external intererence.4 Tis

strong respect or the non-intererence principle has to be understood rom ahistorical perspective and in the context o decolonization.

Its involvement in election observation began a new era or the OAU and itsrole in the democratization o the Arican continent. Secretary General Salim

Ahmed Salim expressed this new attitude on several occasions, conrmingthat the OAU would now play a role in democratization.5 Te OAU soonbegan to undertake election observation missions independently, and itsinterest in election observation developed hand in hand with its growing

involvement in the democratization o Arica. It was with the Declaration onthe Political and Socio-Economic Situation in Arica and the FundamentalChanges aking Place in the World that the OAU ofcially engaged with thedemocratization process on the Arican continent.6

owards the end o the 1990s, the OAU recognized the importance odemocratization processes in Arica, ormally condemning changes ogovernment which violated the constitution o the relevant country. In 1999,during its 35th Ordinary Session o the Assembly o Heads o State and

Government, in Algiers, the OAU took a tougher stance and strengthenedthe measures against unconstitutional changes in power (the AlgiersDeclaration, July 1999). On this occasion, the Assembly o the OAU adoptedtwo decisions on the issue: the rst concerned the imposition o sanctionson governments that came to power through unconstitutional means;and the second called on the OAU Secretary General to assist countriesintending to return to constitutional rule and monitor their progress ater theconstitutional order was restored. Following up on the Algiers Declaration, asis noted above, in July 2000, the Assembly o Heads o State and Government

adopted the Lom Declaration on the Framework or an OAU response tounconstitutional changes o government. Te Lom Declaration was animportant step orward in the ormulation by the OAU o a global approachto the problem o unconstitutional changes o government. It was structuredaround our elements: a set o common values and principles or democraticgovernance; a common denition o what constitutes unconstitutionalchange; measures and actions that the OAU could progressively take torespond to an unconstitutional change; and an implementation mechanism.

Te Lom Declaration provided an additional stimulus or the OAUs agendaon the democratization process. It provided a ramework o punitive measures,such as limited and targeted sanctions, that could be taken by the OAU in theevent that, ater a period o six months rom the initial condemnation o the


24/164



unconstitutional change, the perpetrators o such a change reused to restorethe constitutional order (azorora 2008). It is evident that OAU attitudes to

democracy, human rights and good governance had become more orthright.Tese developments prepared the ground or issues o governance, democracyand human rights to become the centrepiece o the agenda o the emergent

AU.

Te AU Constitutive Act was the rst document o the new AU era to declarethat the AU shall promote democratic principles and institutions. TePreamble to the Constitutive Act species the determination o member statesto promote and protect human and peoples rights, consolidate democratic

institutions and culture, and to ensure good governance and the rule o law.

Articles 3 and 4 o the Constitutive Act codiy the promotion o democraticprinciples and institutions, popular participation and good governance andthe right o the Union to intervene in a Member State pursuant to a decisiono the Assembly in respect o grave circumstances, namely: war crimes,genocide and crimes against humanity, respectively. Article 4 thus gives the

AU unprecedented powers o intervention: a true watershed moment markingthe end o the absolute dominance o the principle o non-intererence.

Article 30 o the Constitutive Act unambiguously enshrines a categoricalrejection by the AU o unconstitutional changes o government. Article30 stipulates that Governments which shall come to power throughunconstitutional means shall not be allowed to participate in the activitieso the Union.

While describing the legal background shaping the ramework or the AUswork in the eld o electoral observation, it is important to mention severalpolicy documents that do not directly address electoral observation andassistance, but have contributed to shaping the work o the AU in the eld odemocratization. In particular, it is worth mentioning the New Partnershipor Aricas Development (NEPAD 2001) and specically NEPADsDemocracy and Political Governance Initiative, which saw Arican leaderscommit themselves to promote and protect democracy and human rightsin their respective countries and regions by developing clear standards oaccountability and participatory governance at the national and sub-regionallevels. In this respect, NEPAD is more o an economic development strategy:the partnership puts unprecedented emphasis on democracy and goodgovernance in Arican strategies and programmes, establishing democraticgovernance as crucial or socio-economic development. Furthermore, anotherlandmark Arican document, the Arican Charter on Human and Peoples


25/164


Rights, adopted in Nairobi in June 1981, recognizes the right o every citizento participate reely in the government o his or her country either directly or

through democratically elected representatives.

wo additional documents must be cited in this review: the Arican Charteror Popular Participation in Development, adopted in Addis Ababa in July1990, which emphasizes the need to involve the people o Arica in thespheres o economic and political governance; and the Cairo Agenda or

Action, adopted in Cairo in 1995, which stresses the imperative o ensuringdemocratic governance through popular participation based on respector human rights and dignity, ree and air elections, and respect or the

principles o reedom o the press, ree speech, and reedom o associationand conscience.

However, the milestones or AU work in the eld o democratization are theOAU/AU Declaration on the Principles Governing Democratic Electionsin Arica, also known as the Durban Declaration, and the Arican Charteron Democracy, Elections and Governance. Tese two documents allow the

AU to be ully engaged in election observation and in the strengthening oelection processes. ogether, all these documents orm the oundations or

the work o the AU in the eld o democratization.

The OAU/AU Declaration on the Principles Governing Democratic

Elections in Arica

Te OAU/AU Declaration on the Principles Governing Democratic Electionsin Arica or Durban Declaration, which was endorsed at the 38th OrdinarySession o the OAU Assembly, is the oundation on which the AU hassought to drive the development o democratic election processes across thecontinent. It embraces ully the principle that democratic elections are thesole legitimate basis or authority or a representative government, and citesthe holding o regular elections as an important tool or conict prevention,conict management and conict resolution.

Te Durban Declaration lists the responsibilities o the OAU/AU memberstates to: (a) take measures to implement the principles contained in it;(b) establish, where they are lacking, appropriate institutions to decide on issuessuch as codes o conduct, citizenship requirements, residency requirements,

age requirements or eligible voters and the compilation o electoral registers;(c) establish impartial, inclusive, competent and accountable nationalelectoral management bodies (EMBs) staed with qualied personnel, as

well as competent legal entities, including eective constitutional courts,



26/164



with authority o arbitration in the event o disputes arising rom the conducto elections; and (d) saeguard the human and civil liberties o all citizens,

including the reedom o movement, assembly, association, expression andto campaign, as well as access to the media by all stakeholders, particularlyduring the electoral process.

Moreover, the Durban Declaration sets out rights and principles relating todemocratic elections, such as that: (a) every citizen shall have the right toparticipate reely in the government o his or her country, either directly orthrough reely elected representatives in accordance with the provisions othe law; (b) every citizen has the right to participate ully in the electoral

processes o the country, including the right to vote or be voted or, accordingto the laws o the country and as guaranteed by the constitution, without anykind o discrimination; (c) every citizen shall have the right to ree associationand assembly in accordance with the law; and (d) every citizen shall have thereedom to establish or to be a member o a political party or organization inaccordance with the law.

Tus, in the Durban Declaration, the heads o state and government mandatethat the OAU/AU be ully engaged in strengthening the democratization

process, particularly by observing elections in member states. In addition, theDurban Declaration provides strict guidelines and mandates or the OAU/AU to take all necessary measures to ensure its implementation. In particularit strengthens the role o the OAU/AU in observing elections in accordance

with a memorandum o understanding reached with the country concerned,and in mobilizing extra-budgetary unds to augment the OAU/AUs resourcebase in order to acilitate the implementation o the Declaration.

Te rst rule or OAU/AU election observers is that they shall operate within

the guidelines o the Commission, based on the Durban Declaration. TeCommission is required to keep an up-to-date election calendar or the OAU/AU member states. According to Paragraph V o the Durban Declaration,the country holding elections should send a ormal invitation to the OAUthrough the national electoral commission, another electoral authority or thegovernment. Te OAU, on receiving an invitation to observe an election, shallensure that adequate lead time is available or preparation; access is securedto essential planning inormation; there is access to competent and relevantexpertise; and there are sufcient nancial and other resources to undertake

election observation and related activities.

It is a key stipulation o the guidelines that on receiving an invitation toobserve an election, the OAU/AU Commission should expeditiously dispatch


27/164


an election assessment team to the country planning the election. Teassessment team should establish whether conditions exist in the country or

organizing credible, legitimate, ree and air elections in accordance with theDurban Declaration. Te head o the assessment team should then advise theOAU/AU Commission accordingly.

In addition, the Durban Declaration mandates the OAU/AU to compile andmaintain a roster o Arican experts in the eld o election observation anddemocratization, and to avail itsel o their expertise by deploying competentand proessional observers whenever necessary. Tis provision marks thebeginning o the proessionalization o election observation by the Arican

Union. o this end, the OAU/AU Secretariat must also ormulate standardsor procedures, preparations and the treatment o personnel selected to servein OAU/AU observer missions.

Compared to previous commitments, the Durban Declaration provides clearand specic guidelines with regard to ree and air elections and with respectto the monitoring role o the OAU/AU. However, it must be underlined thatthe Declaration is still a sot law instrument that is not legally binding, andthereore the application o its provisions relies ully on the goodwill o the

member states.

Te Durban Declaration is also important because it provided a mandate orthe creation in 2006 o a dedicated Democracy and Electoral Assistance Unit

within the Political Aairs Department o the OAU/AU Commission. Teraison dtre or the establishment o this unit can be clearly identied in theneed or the Commission to implement its programme on the advancemento democracy and democratic elections on the continent.

The Arican Charter on Democracy, Elections and Governance

Te Arican Charter on Democracy, Elections and Governance is the mostcomprehensive commitment by the AU to deepening and consolidatingdemocratic governance in Arica. It builds on the commitments anddeclarations that were cited earlier and serves as a consolidated point oreerence or all AU eorts aimed at enhancing democracy, elections andgovernance across the continent.

Many o the policy documents that rame the mandate o the AU in theeld o electoral assistance and observation are o a non-binding nature andthereore can only provide guidance. Te Charter, by contrast, is a legallybinding document.



28/164



Since its entry into orce on 15 February 2012,7 the Charter has set the legalramework o the AUs work on democratization. Te next step or the AU

will be to secure an eective commitment rom the national leaderships tothe principles o the Charter, including adoption o the measures needed toinstitutionalize good economic and corporate governance, and to incorporatethe provisions o the Charter into national laws, policies and regulations. It isimportant to ensure that signing the Charter is seen not just as a symbolic actbut as one backed by a genuine commitment.

Te provisions contained in the Charter are premised on universal values odemocracy, respect or human rights, the rule o law, and the supremacy o

the constitution and the constitutional order in the political arrangementso AU member states. In addition, and in relation to electoral assistance,the Charter emphasizes the importance o pre-election observation, electionobservation missions (EOMs) and special advisory missions as well as theneed to create an environment that is conducive to independent and impartialnational observation mechanisms.

Among other provisions, the Charter re-addresses issues aroundunconstitutional changes o government, putting strong emphasis on the

obligation to ensure the independence o the judiciary. With regard to electoralmanagement, the Charter promotes best practices in the management oelections and the obligation to hold transparent, ree and air elections inaccordance with the Durban Declaration. In addition, the Charter includesprovisions on the strengthening o national mechanisms or redress inelection disputes and a binding code o conduct or political stakeholders.Te Charter also contains provisions regulating the ree and equitable accessby political parties to state-controlled media during elections.

Finally, the Charter devotes particular attention to the crucial role o womenin the development and strengthening o democracy. Article 29 o the Chartermandates states parties to create the necessary conditions or the ull andactive participation o women in decision-making processes and structuresat all levels as a undamental element in the promotion and exercise o ademocratic culture. In addition, Article 29 mandates states parties to take allpossible measures to encourage the ull and active participation o women inthe electoral process and ensure gender parity in representation at all levels,including legislatures.


29/164


The establishment o the Democracy and Electoral Assistance Unit

As highlighted earlier, in July 2002 during the 38th Ordinary Session othe OAU Assembly in Durban, the OAU Council o Ministers, through theDurban Declaration, decided to establish an administrative unit to observeelections, ollow up the implementation o recommendations and generallyassist the Commissioner in charge o the Political Aairs Department, which

was responsible, in collaboration with the ofcial authorities o the countriesconcerned, or coordinating the OAU/AUs observation o elections.

Following a easibility study and consultations with evaluations or independent

and governmental experts in the eld, in June 2006, the Executive Councilo the AU decided to set up the Democracy and Electoral Assistance Unit(DEAU) within the Political Aairs Department o the AU Commission.Te DEAU was made responsible or coordinating and implementing all AUCommission actions aimed at promoting democracy and elections in Arica.It has a broad mandate to promote democracy, observe elections and provideelectoral assistance.

In addition to approving the creation o the DEAU, the Executive Councilalso approved the establishment o a dedicated trust und, the Democracy andElectoral Assistance Fund, to support the activities o the DEAU. Tis undis proo o the AUs concrete commitment to strengthening democratization.However, in practice the und remains heavily dependent on internationaldonors. In this regard it has been noted elsewhere that or democracy toadvance and deepen, Arican States should be prepared to earmark resourcesor democratic and electoral processes (Pretorius 2008).

Current AU initiatives and policy orientations

More than 20 years have passed since the initial engagement by the OAUin the eld o democratization. In this time, Arican countries have maderemarkable progress in instituting the core principles and practices odemocratic governance. However, there is no denying that the results achievedso ar have been mixed (AU 2009). Te violence that has accompaniedrecent elections highlights the importance o urther enhancing the AUseectiveness in dealing with such situations.

Since 2002, the AU has developed a clear and eective ramework or electionobservation that has allowed or the institutionalization o its mandate andthe increased proessionalization and standardization o its procedures andmethodologies in matters o electoral observation. Since the 1990s, the



30/164



OAU and then the AU have observed close to 250 elections in a majorityo the 54 AU member states. Building on the broad overview o the legal

and institutional ramework o the AU electoral observation and assistanceinstruments, this section discusses the work that has been implemented so arand describes recent initiatives and policy orientations undertaken by the AU.

Since 2008, ollowing the absence o any invitation to observe the 2007elections in Kenya, the AU has taken unprecedented steps to observe electionseven when not invited. Tis must be acknowledged as undamental progressin the AUs practice o election observation. Te decision to observe elections

without an invitation to do so rom the host country must be seen as an

extremely positive development as it underlines a strong commitment bythe AU to be the driver o democratic change on the continent. In addition,ensuring the observation oallelections held by its member states reinorcesthe role o the AU in promoting and protecting the integrity o elections atthe regional level.

AU election observation is currently regarded as a peer-pressure mechanismwithin Arica that can exercise powerul inuence or the establishment odemocratic governments. Electoral observation and assistance are tangible and

visible tools or the implementation o the commitments to democratizationmade by the AU at its creationcommitments that distinguish it rom itspredecessor, which was oten criticized or its weakness in monitoring humanrights and good governance. Many authors have noticed how the AU tookstock o the ailures o the OAU and adopted an increasingly interventioniststance through its legal rameworks and institutions, moving rom a non-interventionist stance to an open non-indierence approach (Mwanasali2008). As one commentator wrote, until very recently, the principles onational sovereignty and non-intervention were the ofcial norms o the

OAU. In contrast, the Constitutive Act o the AU proclaimed a paradigmaticshit towards collective responsibility in matters o human and state security(Melber 2006).

Te act that the observers nominated by the Chairperson o the AricanUnion Commission are usually senior and respected personalities gives the

AU urther political leverage, particularly when it comes to the AUs EOMs.AU EOMs are oten headed by ormer presidents o Arican countries. Othermembers o the team oten include the heads o the independent electoral

commissions. Finally, the AU EOMs oten include members o variousArican civil society organizations. Te mixed composition o the observerteams enhances the balance and credibility o the EOMs. Te observersreceive specic training on electoral observation and employ standardized


31/164


methodologies. Building on these important elements, ollowing theestablishment o the DEAU, several initiatives have been implemented to

urther enhance the eectiveness o the work o the Arican Union in thiseld.

From short- to long-term observation

AU election observation still mainly deploys short-term missions. In manycases, observers are deployed one week beore the elections and are thereoreunable to observe procedures related to voter registration or to monitor the

media and how political parties nance their campaigns. In this respect, thebalance between short- and long-term observation has become a priority or theAU Commission. Long-term observation allows or the eective observationo all the stages o elections, that is, the pre-voting, voting and post-votingstages, demarcation o electoral boundaries, political party registration,candidate nomination, party unding, political campaigns, the role o thesecurity orces, the use o state resources, and the media environment. Long-term observation also allows comprehensive reporting and stocktaking onhow the electoral process is conducted, leading to broader learning. Te

AU Commission would then have a comprehensive overview at its disposal,leading to better targeting o any technical or governance assistance projectsto be implemented in the member states. Furthermore, by improving theinormation available during the pre-election period, election monitors couldhave an impact on deusing post-election disputes (Beaulieu 2011).

Te Political Aairs Department, through the DEAU, is implementing a roadmap that will allow the Arican Union Commission to make a paradigm shitrom short- to long-term election observation based on the electoral cycleapproach. Tis means that the AU will be able to pilot long-term electionobservation by the end o 2012, and later mainstream it urther.

Improved coordination between the AU and the regional economic

communities

One o the main challenges that regional organizations commonly aceis the high nancial cost o deploying EOMs. One way or the AU tocounterbalance the limited availability o resources would be to enhance

its collaboration with the regional economic communities (RECs). Bettercoordination o the election observation eorts o the AU and the RECs

would enhance their eectiveness. In this regard, the establishment o theArican Governance Architecture is a positive eort by the AU Commission to



32/164



establish synergies and interactions between Arican institutions and organswith a ormal governance mandate. Te Arican Governance Architecture

aims to strengthen and enhance the capacity o the AU institutions workingin the eld o democratic governance and to produce shared agendas. Inthis context, the Arican Governance Platorm was established to strengthencooperation and coordination between dierent stakeholders. Eectivecollaboration between the AU, the RECs and other regional and nationalcivil society organization networks will improve the eectiveness o electionobservation and minimize duplication o eort in the eld, as well as costs,thereby helping the AU and the other actors to better channel their limitedresources.

It should be emphasized that collaboration between the AU Commission andthe RECs is mandated in the Arican Charter on Democracy, Elections andGovernance. Te concrete steps towards more integrated activities started

with a meeting in Sudan in 2009. Further momentum was provided andthe need or deeper collaboration identied at a meeting held with nationalEMBs in Accra in December 2009, and in numerous ollow-up meetingsorganized to discuss the Arican Charter on Democracy, Elections andGovernance. Tese meetings serve to ensure that the AU Commission and

the RECs move beyond rhetoric on collaboration to enhance their impactthrough more eective cooperation.

Many o the uncoordinated election observation activities by the AUCommission and the RECs were a direct result o their dierent mandates.Not enough time was spent building modalities or working together on

Arican elections. As election observation became more common and morerooted in continental electoral practices, the need to ensure consistency inand uniormity o election observer missions among regional and continental

organizations increased.

A specic plan o action or operationalizing cooperation in the area o electionobservation between the AU and the RECs has yet to be developed. In themeantime, ad hoc cooperation between AU and REC observers throughexchanges o inormation, monitoring the pre-election environment, sharinginormation on the dispatch o advance teams and brieng observers ormsthe basis or ongoing collaboration. Tese areas o cooperation have led to amuch closer working relationship.


33/164


Strengthening technical and governance assistance

As is noted above, the DEAU has a mandate to implement all the activitiesdened by the AU Commission aimed at promoting democracy anddemocratic elections in Arica, oering electoral assistance and support todemocracy in all member states. Te Arican Charter on Democracy, Electionsand Governance recognizes the role o the AU in strengthening the capacityo electoral authorities to manage elections. Article 18, Sub-section 1 o theCharter states that State Parties may request the Commission, through theDemocracy and Electoral Assistance Unit and the Democracy and Electoral

Assistance Fund, to provide advisory services or assistance or strengthening

and developing their electoral institutions and processes. It is complementedby Article 18, Sub-section 2, which states that the Commission may at anytime, in consultation with the State Party concerned, send special advisorymissions to provide assistance to that State Party or strengthening its electoralinstitutions and processes.

Within the Electoral Assistance Portolio, the DEAU has undertakena series o projects ocused on EMBs, aimed at sharing best practices,creating regular exchanges and undertaking necessary reorms to improve

the capacities o EMBs. Te activities undertaken are regional training orEMBs, capacity building and orthcoming projects within a ramework ohorizontal cooperation in collaboration with the Organization o AmericanStates, aimed at peer exchanges o best practices between Arican and Latin

American EMBs. Lastly, in order to remedy the absence o an AU rameworkor post-election observation, the DEAU will implement post-election audit

workshops in any sub-region in which three elections have been held inthe past six months. Tese workshops will enable a stocktake o an EMBsperormance during the elections. Tese actions will allow the AU to ollow

up on the recommendations made by EOMs.

Despite the growing number o activities being implemented, the work o theAU in the eld o technical and governance assistance has been somewhatlimited compared to the work carried out on election observation. Te mainreason or this limited involvement is the scarcity o unding that the DEAUcan dedicate to such assistance projects. In this sense, electoral assistanceby the AU is still in its initial stages. However it is worth noting that the

AU is gaining an increasing role in responding to the challenges entailed in

building sustainable democracies on the continent.

In uture years, the AU will extend its work on technical assistance romenhancing the institutional capacity o EMBs to developing the institutional



34/164



capacity and democratic culture o political parties and designing electoralsystems that broaden representation, recognize diversity, and respect equity

and majority rule while at the same time protecting minority rights. Teseareas o activity are a priority because when political parties lack a clearcommitment to democracy and their interparty relations are marked byintolerance and a disregard or electoral rules and codes o conduct, this cancontribute to political tensions which can trigger election-related conictsbeore, during or ater elections. In addition, civil society organizations,including aith-based organizations, will be supported in their various eortsto strengthen democratic culture, in particular through voter education, civiceducation and conict management initiatives (Arican Union 2010).

Conclusions

Tis chapter has presented developments and the accomplishments o the AUin the elds o democratization and, in particular, election observation andassistance. Since the 1990s, the OAU and then the AU have progressivelyincreased their role and mandate with regard to protecting and promoting theintegrity o elections. Te AU currently operates under a clear and eective

legal and institutional ramework or electoral observation and assistance,urther articulated since the entry into orce o the Arican Charter onDemocracy, Elections and Governance in February 2012.

Since the 1990s, the OAU/AU has observed close to 250 elections in amajority o its member states and has implemented important programmesor technical assistance and governance through the DEAU.

However, notwithstanding the marked progress that has been made by theAU and its member states in the eld o democracy promotion and ensuringthe integrity o elections, the recent upsurges o electoral violence in CtedIvoire, Kenya and Zimbabwe testiy to the need to urther strengthen thedemocratic processes and structures o the AU member states. Tis will needto be done with tailored interventions in those member states which are stillplagued by political violence and conicts.

Te AU will substantially contribute to this end by augmenting itsinterventions and programmes in the eld o electoral technical assistanceand governance support. In addition to its current programmes promoting

eective and efcient election administration and management throughcapacity-building projects or EMBs, the AU will orient its technical supportto a broader range o domestic actors, including political parties, and the


35/164


design o electoral systems that broaden representation, recognize diversity,respect equity and ensure that majority rule respects minority rights.

Te journey towards deepening and consolidating democratic governancein Arica is ongoing and open-ended. Now that the Arican Charter onDemocracy, Elections and Governance has entered into orce the AU mustconvince its member states to domesticate it. Te Charter is to date the mostcomprehensive commitment by the AU member states to democracy, theintegrity o electoral processes and good governance.

Finally, the AU, through the DEAU, is moving towards dedicating more

resources to the implementation o its programmes on technical andgovernance assistance. Strengthening the institutional capacities o theEMBs, promoting a democratic culture among political parties and assisting

with the design o electoral systems will contribute not only to the integrityo elections but also to the deusing o election-related conicts and politicaltensions.

Reerences

APRM Secretariat, Te Arican Peer Review Mechanism (APRM) (Midrand, South

Arica, 2003)

Arican Union (AU) Panel o the Wise, Election-related Disputes and Political

Violence: Strengthening the Role o the Arican Union in Preventing, Managing

and Resolving Conict, Te Arican Union Series, New York, International

Peace Institute, July 2010

AU, Interim Report o the Chairperson o the Commission on the Prevention o

Unconstitutional Changes o Government though Appropriate Measures and

Strengthening the Capacity o the Arican Union to Manage Such Situations,AU, Sirte, July 2009

AU, Declaration on Democracy, Political, Economic and Corporate Governance

o the New Partnership or Aricas Development (NEPAD), AU, Addis Ababa,

2002a

AU, Guidelines or Arican Union Electoral Observation and Monitoring Missions, AU,

Addis Ababa, 2002b (mimeo)

AU, OAU/AU Declaration on the Principles Governing Democratic Elections in

Arica, AU/OAU, Addis Ababa, 2002c (mimeo)

AU, Protocol to the Arican Charter on Human and Peoples Rights on the Rights

o Women in Arica, AU, Addis Ababa, 2003



36/164



AU, Arican Charter on Democracy, Elections and Governance, AU, Addis Ababa,

2007

Beaulieu, Emily, Interregional Organizations and Election Integrity: Resolving

Conict and Promoting Democracy, Background paper or the workshop

Regional Organizations and Integrity o Elections, organized by International

IDEA, Stockholm, 1415 December 2011

Garber, Larry, Te OAU and Elections,Journal o Democracy, 4/3 (July 1993), pp.

5559

Hammerstad, A., Arican Commitments to Democracy in Teory and in Practice:

A Review o Eight NEPAD Countries, AHSI Paper (June 2004)

Lopez-Pintor, R., Election Observation: wenty Years o Learning, Miradas al

Exterior(January 2010)

Lopez-Pintor, R., Reconciliation Elections: A Post-Cold War Experience, in Krishna

Kumar (ed.), Rebuilding Societies Ater Civil War: Critical Roles or International

Assistance(Boulder, CO.: Lynne Rienner Publishers, 1997)

Melber, Henning, AU, NEPAD and the APRM: Democratization Eorts Explored,

Current Arican Issues, 32 (July 2006)

Mozaar, S. and Schedler, A., Te Comparative Study o Electoral Governance:Introduction, International Political Science Review, 23/1 (January 2002), pp.

527

Mwanasali, Musiky, From Non-Intererence to Non-Indierence: Te Emerging

Doctrine o Conict Prevention in Arica, in J. Akokpari, A. Ndinga-Muvumba

and . Murithi (eds), Te Arican Union and its Institutions(Auckland and Cape

own: Jacana Media and Centre or Conict Resolution, 2008)

National Endowment or Democracy (NED), Final Report, OAU Elections

raining Program NED Core Grant 92-4 (2540)

Novicki, M., Interview with Salim Ahmed Salim, Arica Report 36 (MayJune

1992)

Organization o Arican Unity (OAU), Arican Charter on Human and Peoples

Rights, OAU, Addis Ababa, 1981

OAU, Declaration on the Political and Socio-Economic Situation in Arica and the

Fundamental Changes aking Place in the World, OAU, Addis Ababa, 1990a

OAU, Arican Charter or Popular Participation in Development, OAU, AddisAbaba, 1990b

OAU, reaty Establishing the Arican Economic Community, OAU, Addis Ababa,

1991


37/164


OAU, Cairo Agenda or Action, Addis Ababa, 1995

OAU, Grand Bay (Mauritius) Declaration and Plan o Action on Human Rights in

Arica, OAU, Addis Ababa, 1999

OAU, Lom Declaration on the Framework or an OAU Response to Unconstitutional

Changes o Government, OAU, Addis Ababa, 2000

OAU, 2000, Protocol to the reaty Establishing the Arican Economic Community

Relating to the Pan-Arican Parliament, OAU, Addis Ababa, 2000

OAU, Conerence on Security, Stability, Development and Cooperation (CSSDCA)

Solemn Declaration, OAU, Addis Ababa, 2000

Pretorius, J.,Arican Politics: Beyond the Tird Wave o Democratization (Cape own:JUA, 2008)

Strom, M., Promoting the Arican Charter on Democracy, Elections and Governance: A

Four-Part Guide or Study Circles(Pretoria: IDASA, 2009)

azorora, . G. Musarurwa, Creating Sustainable Democracy in Arica: An Arican

Supranational Body or the Eective Supervision o Elections in Arica (Pretoria:

University o Pretoria, 2008)

Notes

1 Te Organization o Arican Unity (OAU) was established in 1963. It evolved

into the Arican Union ater the adoption in July 2000 o the Constitutive Act

o the Arican Union, which entered into orce in 2001. Te Constitutive Act o

the Arican Union replaced the 1963 OAU Charter.2 Groups o people had previously monitored the outcome o specic elections on-

site rom the period o the Crimean War up to the 1980s in Uruguay, El Salvador

and Chile (Lopez-Pintor 1997, 2010).3 In this respect, Secretary General Salim Salim asked the Arican American

Institute (AI) and the National Democratic Institute (NDI) to develop training

programmes or OAU sta rom 1992. See National Endowment or Democracy

(NED), Final Report, OAU Elections raining Program, NED Core Grant 92-4

(2540); and Garber (1993).4 Governance Challenges in Arica and the Role o the Arican Union, Public

Lecture to mark the 20th Anniversary o the European Centre or Development

Policy Management, 19 December 2006 (European Institute or Public

Administration, Maastricht), by Amb. J. K. Shinkaiye, Chie o Sta, Bureau o

the Chairperson Arican Union Commission.5 See Novicki (1992), p. 36. It is important to note that one o the rst ofcial

documents calling or a greater involvement o the OAU in electoral observation

and in democratization processes is the Report o the Secretary General on the



38/164



Process o Election Monitoring by the OAU issued during the 64th Session o

the Council o Ministers, held in July 1996 in Yaound, Cameroon.6

In line with the principle o non-intererence, the OAU had to be ormally invitedto observe elections by its member states. In addition, the mandate o each

election observation mission was careully negotiated between the OAU and the

host government. Te typical election observation mission included ambassadors

rom OAU countries and one or two OAU sta members. Tis team o observers

reported to the OAU Secretary General. Te election observation reports were

shared with the government o the country involved, but not always with the

wider public (Garber 1993).7 Although AU heads o state adopted the Charter in January 2007, it only entered

into orce ater the February 2012 AU summit, 30 days ater its ratication by 15member states. Notably, o the 54 member states o the AU, only 39 had signed

the Charter as o December 2011.


39/164


40/164

Giving ASEAN a Role in

Philippine Elections: The Caseor Regional Participation in

Deepening Democratization

Processes

Chapter 2


41/164


Chapter 2

Julio S. Amador III1

Giving ASEAN a Role in

Philippine Elections: The Caseor Regional Participation inDeepening DemocratizationProcesses

Introduction

Southeast Asia is signicant as a ocus or international politics because o itspotential or both conict and cooperation. Analysing political phenomenaat the regional level is important because Te regional level is where theextremes o national and global security interplay, and where most o theactions occur (Buzan and Wver 2003: 43). Regional integration processeslead states to create regional organizations, the unctions o which generallyinclude providing an organized avenue or diplomatic dialogue and interstatecooperation. Regional organizations are important in many ways. One o themain purposes o regional organizations is what Edward Best and TomasChristiansen (2008) call the management o interdependence, because theseregional organizations seek to guarantee peace and security and reduceconict, and to promote economic cooperation and social interaction amongstates. In Southeast Asia, the most enduring regional organization is the

Association o Southeast Asian Nations (ASEAN), which was established in1967.

ASEAN has evolved rom an association whose basic goal was to preserveregional stability to one that has, in many respects, reected the aspirations othe peoples living in its dierent member states. Te ASEAN Charter, which

was ratied by all member states in 2008, contains the various aspirationsthat motivate the development o ASEAN as a regional organization.Several o these aspirations include principles that involve democracy, good


42/164



governance, the rule o law, human rights and undamental reedoms (Article1, purposes; and Article 2, principles), including the creation o an ASEAN

Human Rights Body (Article 14). However, beore 2012 ASEAN had notbeen actively involved in the election processes o its member states. Teoutcome o national elections within member states is sometimes reported andanalysed in news reports because o the potential impact o the policies o thesuccessul candidates on ASEAN. Tese reports are generally silent, however,on the role o ASEAN as a regional organization in national elections. Teonly time ASEAN has taken any action in relation to national elections is inresponse to the situation in Myanmar.

Elections are important because they provide avenues or politicalaccountability, which is at the core o the democratization process. Inpractice, elections are a procedural aspect o democracy. Holding them doesnot in itsel mean that the will o the people is being reected or ollowed:democracy is deeper than elections. Nonetheless, how elections are conductedplays a major role in how the international community, national stakeholdersand its citizens perceive a state. I states hold elections that are ree and air,investors and other states can believe that the government in power can betrusted. Tis goodwill may translate into increased trade or more aid.

It has long been conventional wisdom that regional organizations shouldnot play a role in national elections because states have no business beinginvolved in each others political processes. Non-intererence is a key norm inthe practice o sovereignty. Tis chapter asks whether regional organizationsshould play a role in their member states, i only to oster opportunities orskills, knowledge and technology transer. In particular, it:

1) examines the institutional context that might allow ASEAN to

participate actively in deepening democracy within its member statesby providing a clear analytical ramework or the relevant context andmandate o ASEAN in the eld o electoral observation and supportin line with the ASEAN Political-Security Community (APSC)Blueprint;

2) provides an overview o the current practices o ASEAN in the eld oelections, specically electoral observation and support;

3) argues that ASEAN as a regional organization should be invited to actas an observer o the conduct o elections in the Philippines to help the

country deepen its democratization processes; and4) identies comprehensive electoral support policies that could bepursued by ASEAN to promote and protect the integrity o elections.


43/164


Giving ASE AN a Role in Philippine Elections: The Case or Regional Participation in Deepening

Democratization Processes

Te Philippines was chosen as a case study primarily because it is stilldeepening its democracy. It regularly conducts elections which are tainted

with news o violence and allegations o cheating. However, it is also open tointernational observers. I the Philippines were to consent to invite in ofcialobservers rom ASEAN, this would have two important impacts. First, it

would make the Philippines more active in preventing disruptions andpreserving the integrity o elections; and, second, it would provide avenuesor other ASEAN member states to learn rom its experience and perhapsadopt electoral processes that would move them towards greater openness andaccountability to their own people.

A brie overview o elections in the Philippines

Te Philippines has held ree elections regularly since the all o the Marcosdictatorship in 1986. Tese elections, however, have been characterized byreports o raud and violence, especially in, but not limited to, rural areasin the ar-ung islands o the archipelago. Nevertheless, the Philippines hasseveral signicant accomplishments in the eld o electoral reorms. Teseachievements highlight the capacity o the Philippines to reorm its electoral

processes in response to citizens demands and the changing social andpolitical environment. One o the most signicant accomplishments is itsactive partnership with civil society to promote ree and air elections.

Te National Movement or Free Elections, which later became the NationalCitizens Movement or Free Elections (NAMFREL), was ounded in 1951as a non-partisan election monitoring group, in time or the 1951 elections,to help deter and prevent election raud (Calimbahin 2010). In 1986,NAMFREL provided an alternative, more credible count o the votes becausethe ofcial Commission on Elections (COMELEC) was seen as compromisedby the government in power (Calimbahin 2010). According to Calimbahin,COMELEC suered rom a credibility decit during this period and thepublic looked to NAMFREL not only to protect the ballot but also to providea credible count o the votes.

Another signicant achievement by the Philippines in the conduct o electionsis its pioneering o parallel vote tabulation (PV) or quick count (Estok,Nevitte and Cowan 2002). NAMFREL is credited as the originator o thePV process, whereby observers watch the voting and counting processes atspecically selected polling stations, record key inormation on standardizedorms and report their ndings (including the polling stations vote count) to acentral data collection center (Estok, Nevitte and Cowan 2002). PV allows


44/164


the integrity of elections the role of regional organizations pdf

Documents