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Electoral Management Bodies As Institutions of Governance As Institutions of Governance

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Electoral Management Bodies As Institutions of Governance As Institutions of Governance UNDP Electoral Management Bodies Electoral Management Bodies as Institutions of Governance as Institutions of Governance Bureau for Development Policy United Nations Development Programme Electoral Management Bodies as Institutions of Governance Professor Rafael López-Pintor Bureau for Development Policy United Nations Development Programme 2 This paper is the fifth in a series of Discussion Papers on governance sponsored by the UNDP Bureau for Development Policy. It was com- missioned to the International Foundation for Election Systems (IFES) and was researched and written by Professor Rafael López-Pintor. The views expressed in this paper are not necessarily shared by UNDP’s Executive Board or the member governments of UNDP. 3 Preface Electoral systems are the primary vehicle for choice and representa- tional governance, which is the basic foundation for democratization. These systems must provide opportunities for all, including the most disadvantaged, to participate in and influence government policy and practice. Effective management of electoral systems requires institutions that are inclusive, sustainable, just and independent– which includes in particular electoral management bodies that have the legitimacy to enforce rules and assure fairness with the cooperation of political parties and citizens. UNDP policy on governance for human development rests on the belief that democracy and transparent and accountable governance in all sectors of society are indispensable foundations for the realization of social and people-centered sustainable development. Articulated in a 1997 publication entitled, Governance for Sustainable Human Development: A UNDP Policy Document, it identifies the strength- ening of governing institutions – legislature, judiciary and electoral institutions – as one of five priority areas to support in order to best achieve corporate policy goals. In application of this policy, UNDP has had considerable experi- ence over the past decade in supporting, managing and coordinating elections, but more limited experience in strengthening electoral systems to promote inclusive processes and effective electoral institu- tions within the broader context of democratic governance. This paper focuses on the institutional dimensions of strengthening electoral systems and grapples with issues related to electoral manage- ment bodies as institutions of governance. Through a taxonomy that classifies 148 countries according to the type of electoral administra- tion, it argues that electoral management bodies worldwide are 4 increasingly both permanent and independent of the executive branch of government and that this type of institutional structure proves more cost-effective than ad-hoc or temporary electoral bodies. Special attention is placed on the role and challenges of electoral management bodies in”third wave” democracies vis a vis the experience in older and more established democracies. This paper is the fifth in a series of Discussion Papers on gover- nance sponsored by the UNDP Bureau of Development Policy. It was commissioned to the International Foundation for Election Systems and was researched and written by Professor Rafael López-Pintor. The paper underwent extensive external and internal review in 1999, includ- ing a UNDP sponsored workshop in Mexico of electoral commission- ers, representatives of international organizations, NGO’s and other professionals concerned with electoral matters. Subsequently, the work has been reviewed by UNDP staff specialized in the area of democratic institutions and UNDP Resident Representatives involved in providing electoral assistance. As the study points out, electoral management is a relatively new field of study, especially as it related to democratization in new and emerging democracies. It is our belief that this study will make a positive contribution toward the impressive ongoing work of special- ized electoral organizations, national commissions, civil society, development partners and further contribute to the deepening of inclusive political processes and sustainable democratic institutions. Comments and feedback on this discussion paper should be addressed to G. Shabbir Cheema of the Bureau for Development Policy, UNDP, New York (email: [email protected], telephone 212-906-6633). September 2000 5 September 2000 Acknowledgments The United Nations Development Programme (UNDP), Bureau for Development Policy (BDP) provided the conceptual framework for this research and commissioned the International Foundation for Election Systems (IFES), Washington, D.C., to conduct the study. Under the aus- pices of IFES, the research and writing of this paper was undertaken by Professor Rafael López-Pintor, Director of the Department of Sociology and Political Science, Universidad Autónoma, Madrid. Extremely valuable comments on several of the issues discussed in this paper were provided by the following experts in the field of inter- national electoral assistance: Miguel Angel Abad, former Deputy Director of Elections at the Spanish Ministry of Interior; Jose Maria Astorkia, Senior Electoral Officer at the Spanish Ministry of Interior; Reginald Austin, former Director of Legal and Constitutional Affairs at the Commonwealth Secretariat and presently Director of Programs at the International Institute for Democracy and Electoral Assistance (International IDEA) in Stockholm; Therese Laanela, Program Officer at International IDEA; Joe Baxter, Special Advisor for Elections at IFES; Horacio Boneo, former Director of the United Nations Electoral Assistance Division and presently United Nations consultant; Mark Feierstein, Team Leader of the Elections and Political Process Team at the United States Agency for International Development (USAID); Jeffrey Fischer, Executive Vice President of IFES; Ronald Gould, Assistant Chief Electoral Officer of Elections Canada; William Gray, Electoral Commissioner of the Australian Electoral Commission; Peter Harris, consultant to International IDEA; Keith Jennings, Director of Civic Participation Programs at the National Democratic Institute for International Affairs (NDI); Jean-Pierre Kingsley, Chief Electoral Officer 6 of Elections Canada; Keith Klein, Program Director for Africa and the Middle East at IFES; Patrick Merloe, Director of the Election Processes Program at NDI; Santiago Murray, Special Advisor at the Organization of American States (OAS); Juan Rial, Director of Peitho Sociedad de Analisis Politico in Montevideo, Uruguay; Carlos Urruty, President of the Corte Electoral of Uruguay; Vadim Zhdanovich, Election Advisor at OSCE Office for Democratic Institutions and Human Rights in Warsaw; Daniel Zovatto, former Secretary General of the Instituto Interamericano de Derechos Humanos/Centro de Asesoría y Promoción Electoral (IIDH/CAPEL) in Costa Rica and presently Senior Executive Officer at International IDEA. Special recognition and appreciation is extended for the many excellent comments and suggestions provided by participants at vari- ous meetings where earlier drafts of this paper were presented. This included: a seminar with experts from UNDP and principal United States organizations providing international electoral assistance, held at IFES in Washington D.C. in November 1998; the meeting of the Global Electoral Organizations Network (GEO Network) held at Ottawa in April 1999; and the international workshop organised by UNDP in cooperation with electoral authorities of Mexico at the Instituto Federal Electoral (IFE) and the Tribunal Electoral del Poder Judicial de la Federación (TEPJF) held at Mexico City in May 1999, for the specific purpose of discussing the draft paper. More than one hundred persons participated in the two latter meetings, including representatives from all international regional associations of electoral authorities: African Association of Election Authorities (AAEA); Association of Asia Elections Authorities (AAEA); Association of Caribbean Election Organizations (ACEO); Association of Central and Eastern European Election Officials (ACEEEO); Pacific Islands, Australia, and New Zealand Electoral Administrators (PIANZEA); Inter-American Union of Electoral Organizations 7 (UNIORE); Commonwealth Association of Election Officers; International Association of Clerks, Recorders, Election Officials and Treasurers (IACREOT); and the International Institute of Municipal Clerks (IIMC). International organizations included: United Nations Development Programme (UNDP); United Nations Electoral Assistance Division (EAD); United Nations Department for Economic and Social Affairs (DESA); European Union (EU); Organization for Security and Cooperation in Europe (OSCE); Organization of American States (OAS); Organization for African Unity (OAU); International IDEA; and the Caribbean Community (CARICOM). Development assistance agencies included USAID, IFES, NDI, Canada, Sweden, Denmark, and Inter-American Institute of Human Rights/Center for Electoral Assistance and Development (IIDH/CAPEL). Participants included representatives from the electoral authorities of Bangladesh, Canada, Chile, Ghana, Guatemala, Haiti, Hungary, Kazakhstan, Korea, Lithuania, Mauritius, Mexico, Namibia, New Zealand, Nicaragua, Philippines, Poland, Senegal, Spain, Sri Lanka, Uruguay, and Yemen. Finally, national non-governmental organizations monitoring elections from Nigeria (Transition Monitoring Group), Philippines (NAMFREL) and Peru (Transparencia) were workshop participants. 8 Contents Preface 3 Acknowledgements 5 Executive Summary 11
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