FREEDOM OF ELECTIONS AND ELECTION MONITORING

Gopal Krishna Siwakoti, PhD

Rationale for Election Monitoring

Democracy is seen as uniquely suited to provide a peaceful means of competition for power and influence. However, opting to go the electoral route is not without risks. An important advantage can go to those who win foundational elections. The stakes may seem extremely high in future elections as well, providing strong incentive to opt for extra-legal means to ensure victory. It is in these delicate situations that election monitors can play an important role to ensure the freedom of elections.

Election monitoring is important because elections are the cornerstone of creating a democratic political system. As such, monitoring can assist democratic consolidation by instilling domestic and international legitimacy. Peaceful elections may also promote reconciliation between former adversaries. Post-conflict society like Nepal, however, is often poorly equipped to conduct elections in a conducive atmosphere due to residue of violence and other factors. Despite a formal end to the fighting, instability often persists and there are several instances where the might of gun power is still pervasive. A continued lack of security makes campaigning difficult, to say nothing of actually conducting a vote. Institutions needed to conduct elections are often nonexistent, or damaged by the conflict. Where contentious elections present fears of vote tampering and other irregularities, the presence of election monitors may serve to prevent shenanigans and give parties greater confidence that the vote was free and fair. The key to achieving this outcome is monitors who are seen by all sides as neutral, professional and impartial.

Monitoring can enhance the credibility and legitimacy of elections, thereby helping to reduce electoral violence. It can help maintain a working peace agreement because losers lack the ability to shout "fraud!" and disrupt a country's democratization. One way in which monitors do this is by taking independent vote tallies, which prevents governments from manipulating the vote. Even before this, some international monitors are expected to arrive long before the vote to observe campaigning and voter registration efforts. As such, in the long-term, monitoring can assist in building and strengthening domestic electoral institutions.

Election Monitoring in Nepal

The idea of systematically observing elections by national and international observers is relatively a new phenomenon. The first election with international monitoring mission was in 1991 when more than 72 international and 1500 local monitors observed the elections coordinated by NEOC. Prior to that, A Citizens' Elections Observation Committee was formed to monitor the Panchayat election soon after the national referendum. In 1994, during the mid-term polls, NEOC hosted more than 130 international and more than 2000 national observers who actively participated in the monitoring process across the country. Similarly, in 1999, NEOC coordinated more than 50 international and almost 3000 national observers to monitor the elections held on two different phases. Similarly, NEOC was reformed in 2002 when the date for the General Elections was announced. However, the elections could not take place in the scheduled time due to extremely difficult political circumstances followed by the undue royal intervention.

NEOC was incepted to ensure the principals and norms as enshrined in the universal suffrage as guaranteed in the Universal Declaration of Human Rights-1948 and the ICCPR. NEOC coordinates the election monitoring process in close coordination with Election Commission and other related governmental and non-governmental institutions. The activities of NEOC are more than merely observing the actual polls but rather conduct nationwide voter’s education campaign to ensure free, fair, unrigged and peaceful elections. Its activities also include encouraging political parties to field clean candidates and adopt proper electoral practices. It also set out to persuade the Election Commission to introduce a more ethical electoral system, and to urge voters to use their vote more carefully. NEOC is essentially a rigorous and independent effort of civil society organizations to ensure that elections are as clean and fair as possible.

During the run up to the upcoming elections for the Constituent Assembly, NEOC will prepare its own Charter in the form of a “Public Pledge” to present to the political parties, candidates, Election Commission and civil society, mainly through the print and electronic media and local symposiums. Meetings with civil society and political party representatives will be organized to disseminate the message relating to the freedom of elections in different parts of the country. NEOC will closely observe and advocate ensuring the freedom of elections by seeking fairness or transparency in electoral activity and raising popular awareness about the problem of corruption: in other words combating the highhandedness of the powerful through the use of money, muscle and manipulation.

Monitoring the elections for the upcoming Constituent Assembly is a giant endeavor--a synergy of challenge and opportunity. NEOC too, does not have any experience of monitoring such form of elections. Obviously, the nature of elections for the constituent assembly is quite different than the conventional system of parliamentary elections. It requires vigorous exercise to understand the complexities associated with the electoral process including the voting techniques as per the provisions in the new laws and directives to be issued by the Election Commission.

NEOC will closely look into all dynamics related to the electoral process, Categorically, it will monitor within its jurisdiction various problems related to the administration of the elections, selection of candidates, political financing, the behavior of political parties and ways to ensure that voters are sufficiently well informed in the entire electoral process. Volunteers and well-known personalities from civil society will be asked to participate in a campaign to raise massive awareness through training Charter and other IEC (information, education and communication) materials.

Constraints to Freedom of Elections

Most of the past regimes in Nepal thus far have not been able to fully put in place some of the basic foundations for free and fair elections. There are instances where voter registration has been marred both by logistical difficulties that prevented many Nepalis from registering, and by a basic lack of transparency that gives reason to doubt the integrity of the final electoral register. Crucially, the concerned authorities have failed to make any real effort to investigate or prosecute politicians responsible for mobilizing violence ahead of the elections. The use of violence for political ends became routine in many parts of the country during the past general and local elections and politicians in many constituencies particularly in the terai have mobilized and armed criminal gangs ahead of the elections in order to harass their opponents as well as to intimidate and disenfranchise the voting public.

Electoral violence poses a tremendous threat to voters on polling day but in many instances security force appear to be standing by as powerful politicians mobilize criminal gangs to undermine the vote. In the face of authorities' inaction, the severity of election-related violence has gradually risen since the first General Elections in 1991, claiming scores of lives and injuring many more. If this trend is not rectified, the June polls are likely to flawed raising serious question on the credibility of the polling

Proposed Code of Conduct

All political parties and independent groups

• Strictly observe the rule of law and fully abjure the use of violence, physical force and intimidation in any form during the election, on Election Day and in the aftermath of the election.
• Firmly maintain discipline among their members and supporters to prevent violence, intimidation and breaches of election law; take prompt disciplinary action against any members who commit such violations and where necessary withdraw such persons from active participation in the election campaign.
• Ensure that the candidates that seek to represent the people are individuals of high integrity and ability, and will take special care to exclude persons who have committed or condoned acts of violence, thuggery or intimidation in their political career and election campaigns.
• Respect the rights of all contesting parties and groups and refrain from any action that may hinder them from campaigning freely in accordance with election law.
• Respect the rights of the polling agents of rival parties and refrain from any action that obstructs them from performing their legitimate duties.
• Conduct the election campaign in a peaceful orderly manner, focusing attention on public issues and avoiding personal recrimination and abuse.
• Refrain from speech and action which incites violence, hatred and anger, ethnic and religious discord.
• Comply strictly with the election laws on all matters relating to display of posters and banners, conduct of meetings and processions.
• Ensure that all forms of election propaganda such as display of posters and banners, processions, canvassing and meetings do not violate the rights of citizens by encroaching on private property or causing a nuisance which is disruptive of the normal life.
• Respect and protect the rights of all voters by eliminating impersonation and the use of undue influence and corrupt practices.
• Prohibit party supporters from congregating near polling stations on Election Day or engaging in any action which has the effect of intimidating voters or restricting their freedom of access to the polling station.
• Extend the fullest co-operation to the police and election staff to deal with all election-related incidents of violence and other breaches of the law and enable them to take the action necessary to ensure a free and fair election.
• Partake in regular consultation and dialogue with contesting parties for peaceful settlement of all election-related problems and disputes that may arise.
  

Voters and Supporters

• Act individually and collectively to protect their democratic rights
• Take necessary action to ensure that they are duly registered as voters, fully inform themselves of all matters related to voting and cast their vote on the Election Day.
• Express their explicit condemnation of acts of violence intimidation, impersonation and other malpractices, regardless of their support for any party and make every effort to prevent such acts.
• Firmly resolve to reject candidates who have committed or condoned acts of violence even if such candidates belong to the party of the voter's choice and exclude them from their preference vote at the election.
• Promote public awareness and create public opinion against political violence in any form by any party and help to develop a genuine democratic political culture.
• Participate in and support efforts made by community leaders at reconciliation and mediation of conflicts between political parties for the purpose of eliminating violence and creating the conditions for a free and air election.
• Participate and assist in the efforts of non- partisan civil society organizations to monitor elections.  

Election Monitors

• Maintain the highest standards of integrity and impartiality in monitoring and reporting on the elections.
• Inform the public of their activities and help to promote public awareness and civic participation to prevent election-related violence and malpractices.
• Monitor the conduct of all the contesting political parties and independent groups without any partisan bias.
• Co-ordinate where necessary with the state authorities administering the elections as well as all the contesting political parties and groups to promote the conditions essential for a free and fair election.
• Assist voters in every way possible to protect and exercise their rights freely.
• Promptly report all violations that they observe to the relevant authorities and take necessary follow up action to ensure that these complaints receive adequate attention.
• Make every effort to verify the authenticity of complaints they receive and make all relevant information on election- related violence and malpractices available to the media and the public as early as possible.
  

The Parties in Power

• Ensure that the resources of the state - equipment, vehicles, and personnel and media- are not used for the ruling party's election campaign.
• Refrain from organizing official ceremonies, inauguration of government projects and similar events during the election campaign which can provide an opportunity for election propaganda for the ruling party.
• Ensure that all contesting parties have fair and equal access to the mass media owned by the state for the purpose of the election.
• Refrain from any administrative or executive action such as transfer and deployment of staff for political purposes that can prevent public servants from performing their duties impartially and efficiently.
• Provide all the resources necessary to the Police and the Commissioner of Elections to maintain the conditions essential for a free and fair election.
  

Public Servants on Election duty

• Perform their duties and enforce the law without favour or bias to any one political party or group contesting the elections.
• Protect the rights of the legitimate voters and take all action possible to maintain conditions within and outside polling stations that enable them to vote freely.
  Deal promptly with acts of violence and other election-related breaches of the law and prosecute offenders without delay.