INTER-AMERICAN INSTITUTE FOR HUMAN RIGHTS Center for Electoral Assistance and Promotion
Inter-American Union of Electoral Organization - UNIORE-
WORKING PAPERS FOR THE EXTRAORDINARY MEETING OF UNIORE IN PANAMA NOVEMBER 6 AND 7, 2013
IIHR/CAPEL EXECUTIVE SECRETARIAT
November 2013
1
INTRODUCTION
Documents in this dossier are those produced and sent to the Executive Secretariat since the UNIORE Working Group meeting in Mexico (Mexico City, 13-14 July 2011), followed by the Extraordinary UNIORE Meeting in Mexico City (November 10-11, 2011), the XI UNIORE Conference in Dominican Republic (Punta Cana, July 29-August 3, 2012) and the Extraordinary Meetings of UNIORE in Ecuador (Quito, February 13, 2013) and (Cuenca, June, 2013).
UNIORE’s Executive Secretariat has compiled the documents received aimed at sending them to all the members timely, in order for you to have all the information regarding the topics the next Extraordinary Meeting will deal with, and in doing so complying with the request of the Extended Coordination and Follow-up Committee.
The documents are grouped following the order of the proposed agenda and despite they are subdivided with numbers, they follow a consecutive alphabetical order.
2 INDEX
General Documents 1. A. Founding Charter of UNIORE ...... 5 1. B. Agreements of the XI Conference of UNIORE in Dominican Republic, July 2012 ...... 15 1. C Agreements of the Extraordinary Meeting of UNIORE in Ecuador, February 2013 ...... 20 1. D Agreements of the Extraordinary Meeting of UNIORE in Ecuador, June 2013 ...... 31
Proposals with functions clarification in the framework of UNIORE 2. D. Electoral Tribunal of Panama ...... 44
General observations to documents filed in the Extraordinary Meeting of UNIORE in Ecuador, February 2013 3. F. Federal Electoral Institute of Mexico.……………………………………………………………...... ……48 3. G. Electoral Court of the Federal Judiciary of Mexico ...... ……….………………………...54 3. H. National Election Chamber of Argentina……………………………………………………………….…...... 91 Knowledge about new requests to UNIORE 4. I. National Electoral Directorate of Argentina……………………………………………………………..…….94
Knowledge about work and cooperation agreements 5. J. Framework cooperation agreement between OAS-UNIORE...... 96
5. K. Memorandum of understanding between IDEA-UNIORE....……………………………………...... 102
5. L. Summary of the Latinobarometro Project ………………………………………………………..……..…111
Presentation of the Plan of Action within the framework of the “Report on the UNIORE´s Group Session” (Mexico, 13 and 14 and November, 2011) 6. M. Plan of Action within the framework of the “Report on the UNIORE´s Group Session”, Mexico 2011………………………………………………….………………………………………………………...... …118
6. N. Conclusions of the Extraordinary Meeting in Mexico, November 2011………………….…..…157
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6. O. Plan of Action within the framework of the “Report on the UNIORE´s Group Session” (Mexico, 13 and 14 and November, 2011). Submitted by the Presidency of UNIORE....…160 Discussion about UNIORE´budget matters 7. P. Proposal emerged within UNIORE´s Group Session in Mexico, July 2011…….…………...... 170 Observation Protocol 8. Q. Observation Protocol Missions Project submitted by the Federal Electoral Institute of Mexico…………………………………………………………………………………………………………………………………172
8. R. Comparative matrix of suggestions and comments about the Protocol Observation Missions Project ……..………………………………………………………………………………………………………..…178
8. S. New draft proposal submitted by the Presidency of UNIORE……….……………..…………....…192
Founding Charter reform proposals 9. T. Central electoral board of Dominican Republic …………………………………………………………...198
9. U. Qualifiying Elections Tribunal of Chile ….………………………………………………………………....….202
9. V. Central Electoral Board of Venezuela…….………………………………………………………………….….206
9. W. Supreme Electoral Tribunal of Guatemala………..………………………….………………………..…...208
9. X. National Elections Board of Peru……… ……………………………………………………………….…..……210
9. Y. Superior Electoral Tribunal of the Dominican Republic….………………………………………..……212
Several topics 10. Z Electoral Court of the Federal Judiciary of Mexico………………………………………………………215
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1. GENERAL DOCUMENTS
1. A. FOUNDING CHARTER OF UNIORE
5 FOUNDING CHARTER OF THE INTER-AMERICAN
UNION OF ELECTORAL ORGANIZATIONS
We the undersigned, duly authorized by our respective organizations to act as the representatives of the Electoral Organizations of Antigua y Barbuda, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Jamaica, Nicaragua, Panama and St Lucia, all members of the Association of Central American and Caribbean Electoral Organizations (Tikal Protocol), and of the Electoral Organizations of Argentina, Bolivia, Brazil, Colombia, Chile, Ecuador, Peru, Uruguay and Venezuela, all members of the Association of South American Electoral Organizations (Quito Protocol):
Reaffirm our unyielding faith in democracy as the only system which permits mankind to develop in a climate of absolute freedom.
Realizing that the exchange of electoral information, the observation of electoral processes and that effective consultations, recommendations and assistance between electoral organizations are decisive factors in establishing and consolidating democracy through suffrage.
Fully convinced of the importance of formalizing, through an instrument, cooperation between our organizations and the Associations composed of the members of the Quito Protocol and the Tikal Protocol.
HEREBY AGREE:
FORMATION
ONE: To form the Inter-American Union of Electoral Organizations, composed of the Electoral Organizations of Central America and the Caribbean (Tikal Protocol), the Electoral Organizations of South America (Quito Protocol), and any other Electoral Organizations in the Americas which may apply and be accepted for membership in the future.
This Union in no way implies the dissolution of the Associations of Electoral Organizations created under the "Quito Protocol" and the "Tikal Protocol", nor the impairment of their independence and autonomy.
6 OBJECTIVES
TWO: Its objectives are to:
A) Increase cooperation between the Union's member Associations and individual Electoral Organizations belonging to the Union. B) Promote the sharing of information on electoral systems. C) Foster the participation of representatives of the member Organizations in an observer capacity in electoral processes, at the invitation of the country where they are held, which shall provide the necessary facilities as far as is practicable in terms of its own resources. CH) Formulate general recommendations for member Organizations. D) Promote honest, efficient and democratic electoral systems which guarantee universal suffrage and a free and secret ballot. E) Provide support and assistance, as far as practicable, to Electoral Organizations which request it.
NATURE
THREE: The Inter-American Union of Electoral Organizations is a non-governmental body, whose decisions are by way of recommendations and guidelines for the various member Organizations.
STRUCTURE AND ORGANIZATION
FOUR: The Governing Body of the Union is the Inter-American Conference of Electoral Organizations, composed of the representatives of each individual organization. It shall meet in ordinary session every two years on the date and place decided by each Conference for the next.
The need to alternate the site of each conference among the Union's different member Organizations shall be taken into account in such decisions.
The Conference may also meet in extraordinary session when so requested by at least five member Organizations, in writing to the Executive Secretariat which, in consultation with the Committee mentioned in Clause Six, shall inform the members as far ahead of time as possible, of the site, date and agenda of the extraordinary Conference. The Conference shall be chaired by the Host Organization.
7 FIVE: A simple majority of its members shall be required for the Conference to meet in formal session. The Conference's resolutions and agreements shall be reached by consensus. Each Electoral Organization shall have one vote in the Union, regardless of the number of its representatives, to be cast by the person chairing the respective Delegation at the time of the vote.
SIX: The Conference shall appoint, for a two-year term, a Coordination and Follow-up Committee composed of one representative of the Electoral Organization which hosted the previous Conference, one representative of Electoral Organization which is to host the next conference, and the Executive Secretariat. During the first year the Coordination and Follow-up Committee shall be chaired by the representative of the Electoral Organization which hosted the previous Conference and, during the second year, by the representative of the Electoral Organization hosting the next Conference. This Committee is the top-level coordination and follow-up body between one Conference and the next.
SEVEN: The Coordination and Follow-up Committee shall be responsible for performing the following tasks: A) Preparing the Agenda of each Conference. B) Presenting a Report of its activities to each Conference. C) Contributing to the promotion of the Union's activities. CH) Consulting members of the Union on any special matters which may arise during the period between Conferences, with powers to convene a Special Conference pursuant to the provisions of Clause Four.
EIGHT: The Union's technical-administrative organ is the Executive Secretariat, the duties of which shall be performed by the Center for Electoral Promotion and Assistance (CAPEL), unless otherwise agreed. This shall be responsible for performing the following tasks:
A) Preparing, in collaboration with the Coordination and Follow-up Committee, the agenda and methodology to be followed at each Conference, informing the member Organizations thereof as far ahead of time as possible. B) Executing, as far as is practicable in accordance with its technical and financial resources, the programs and projects approved and assigned to it by the Conference. C) Processing, through the Coordination and Follow-up Committee, applications for membership to be submitted to the Conference for its consideration. CH) Fostering cooperation between member Organizations and any activities relating to the Union's objectives. D) Any others which the Conference may decide to assign to it, as far as practicable within the limit of its technical and financial resources.
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INFORMATION AND COOPERATION BETWEEN MEMBERS
NINE: The Electoral Organizations belonging to the Union shall periodically forward to the Executive Secretariat information concerning the conduct of its electoral processes and copies of its laws, regulations, directives, works on doctrine, jurisprudence, electoral reports and, in general, any material which they regard as useful to the objectives of the Union, as well as any suggestions they deem appropriate. As far as is practicable, they shall forward this same material to the Union's individual member organizations. All of the above shall provide the basis for a data base to be kept up to date by the Executive Secretariat, which in turn received, updating it on an annual basis.
TEN: The Organizations hereby agree to cooperate, as far as is practicable, for the effective attainment of the Union's objectives.
AMENDMENT
ELEVEN: The amendment of this Agreement requires the consensus of the Electoral Organizations which make up the Union. Such may be requested by any one of said organizations, in which case the item shall be placed on the agenda for the next Conference and the complete text of the proposed amendment provided.
ENTRY INTO FORCE
TWELVE: This Founding Charter enters into force as of the date on which it is signed.
Given in Caracas, Venezuela, on November 22, 1991.
9 FOR THE ELECTIONS OFFICE OF ANTIGUA AND BARBUDA
Dr. Alvin Emmanuel Supervisor of Elections
FOR THE NATIONAL ELECTORAL CHAMBER OF ARGENTINA
Dr. Hector Rodolfo Orlandi President
Dr. Jorge Horacio Otaño Piñero Secretary
FOR THE NATIONAL ELECTORAL COURT OF BOLIVIA
Dr. Alcira Espinoza de Villegas Vice-president
Dr. Jorge Lazarte R. Member
FOR THE HIGHER ELECTORAL COURT OF BRAZIL
Min. Celio Borja President
Dr Jose Julio Dos Reis Secretary General of the Presidency of the Supreme Federal Court
FOR THE NATIONAL ELECTORAL COUNCIL OF COLOMBIA
Dr Luis Mario Peña Marmolejo Justice
FOR THE NATIONAL REGISTRY OFFICE OF COLOMBIA
Dr Luis Camilo Osorio National Registrar
10 FOR THE SUPREME ELECTORAL COURT OF COSTA RICA
Lic Gonzalo Brenes C. President
Lic Rafael Villegas Justice
FOR THE ELECTORAL SERVICE OF CHILE
Dr Juan Ignacio García Director
FOR THE ELECTORAL COURT OF CHILE
Dr Cecil Chellew Minister
Dr Gonzalo Terrazas Secretary
FOR THE SUPREME ELECTORAL COURT OF ECUADOR
Dr Tito Cabezas C. President
Dr Gandhi Burbano Member
FOR THE CENTRAL ELECTORAL BOARD OF EL SALVADOR
Dr Jaime Romero Ventura President
Ing. Ricardo Perdomo First Regular Member
Ing. José Rutilio Aguilera Second Regular Member
11 FOR THE SUPREME ELECTORAL COURT OF GUATEMALA
Lic Arturo Herbruger A. President
Lic Fernando Bonilla M. Magistrate, Second Member
FOR THE NATIONAL ELECTORAL COURT OF HONDURAS
Lic Mario Aguilar G. President
Lic Guillermo Casco C. Secretary
FOR THE ELECTORAL COMMITTEE OF JAMAICA
Dr Noel B. Lee Director
Dr Shirley Miller Member
FOR THE SUPREME ELECTORAL COUNCIL OF NICARAGUA
Dr Mariano Fiallos O. President
Dr Rosa Marina Zelaya Secretary
FOR THE ELECTORAL COURT OF PANAMA
Dr Guillermo Márquez A. President
Dr Eduardo Valdés Vice-president
12 FOR THE NATIONAL ELECTORAL JURY OF PERU
Dr Carlos Castañeda L. President
Dr Pedro Loli Márquez Member
FOR THE CENTRAL ELECTORAL BOARD OF THE DOMINICAN REPUBLIC
Dr Hugo Alvarez Valencia President
Dr Rubens Suro Member
FOR THE ELECTORAL COMMISSION OF SAINT LUCIA
Dr Justin McClair Daniel Director
Dr Edward W. Rock Member
FOR THE ELECTORAL COURT OF URUGUAY
Dr Juan Carlos Furest President
Dr Carlos Alberto Urruty Minister
FOR THE SUPREME ELECTORAL COUNCIL OF VENEZUELA
Dr Isidro Morales Paul President
Dr Ezequiel Zamora Secretary General
13 FOR THE EXECUTIVE SECRETARIAT OF THE INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
Dr Daniel Zovatto Deputy Director of IIHR and Director of CAPEL
AS AN OBSERVER FOR THE FEDERAL ELECTIONS COMMISSION OF THE UNITED STATES OF AMERICA
Mr Danny McDonald Commissioner
AS OBSERVERS FOR THE FEDERAL ELECTORAL COMMISSION OF THE UNITED STATES OF MEXICO
Dr Felipe Solis Acero
Dr Jose de Jesus Orozco
Dr Jose Luis de la Pesa
Dr Antonio Lozano
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1. GENERAL DOCUMENTS
1. B. AGREEMENTS OF THE XI CONFERENCE OF UNIORE IN DOMINICAN REPUBLIC, JULY 2012
15 Union of Electoral Agencies Unión Interamericana de Organismos Electorales
XI CONFERENCE
INTER-AMERICAN UNION OF ELECTORAL AGENCIES UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES (UNIORE)
“Juan Ignacio Garda Rodríguez”
29 July – 3 August 2012
The delegates representing the Electoral Agencies of de Antigua and Barbuda, Argentina, Bolivia, Colombia, Costa Rica, Chile, Ecuador, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Republic, St. Lucia and Uruguay, gathered during the XI Conference of the Inter-American Union of Electoral Agencies, held in the Dominican Republic on 30 July – 2 August 2012, in our capacity as members of UNIORE;
Upon re-affirming our unbreakable faith in democracy as the system offering the peoples the best possibility of fully exercising their liberty and sovereignty, and thus enjoying the civil and political, economy, social and cultural rights , after duly sustaining deliberations,
WE AGREE
1. To admit the Superior Electoral Tribunal of the Dominican Republic as member of the Inter-American Union of Electoral Agencies (Unión Interamericana de Organismos Electorales - UNIORE) and to extend a most cordial welcome to the Judges.
2. To acknowledge receipt of the Work Report presented by the Executive Secretariat of UNIORE for the period November 2010 - June 2012.
3. To take note and ratify the Conclusions of the Extraordinary Meeting of UNIORE, which took place in Mexico on 10-11 November 2011, on the road map for UNIORE. To thank the Mexican authorities for the effort exerted to comply with this charge, in compliance with Agreement No. 13 of the X Conference.
16 4. To thank the Federal Electoral Institute of Mexico for the drafting of an Observation Protocol for UNIORE, as charged to them by the Extraordinary Meeting of the association in November 2011, which document is delivered to the members present in this meeting. The Committee of Coordination and Follow-UP is charged with sending it to the members not present, and to receive the contributions and opinions in writing from all the UNIORE agencies, within a term of ninety days as of today’s date. The Committee of Coordination and Follow-Up will have a term of thirty days to incorporate the observations and to circulate a new version of the draft Protocol.
5. To analyze comparatively the role of the communications media, including the social networks and virtual mobile media, in the electoral processes, considering the reality of the existing rules and regulations in the different UNIORE countries, with the objective of facilitating information to the electoral agencies members of the association, with the purpose of strengthening fairness in electoral contests,
6. To emphasize the importance of the legislative regulation of the official and non-official publicity and the assignment of instruments of control to the electoral agencies, respecting the context of each country and complying with due process.
7. To support the initiatives for the creation and consolidation of schools and training institutes within the Electoral Agencies members of UNIORE.
8. To accompany, according to the invitations received, the electoral acts which will take place in Ecuador (process of verification of signatures presented in the stage of registration of political organizations in August 2012), Paraguay (electoral process in general elections 2013), Honduras (internal primary elections in November 2012 and general elections in November 2013)
9. To take note and accompany the Supreme Electoral Tribunal in Guatemala in carrying out the Referendum to be held simultaneously on 6 October of the year 2013, in the Republic of Guatemala and Belize, on the Special Agreement between the governments of Guatemala and Belize, signed on the date 8 December 2008, whereby the two States submit the territorial, island and sea claim, to the International Court of Justice (ICJ).
17 10. To support the Electoral Tribunal of Panama in the defense of the constitutional right of autonomy of electoral agencies in the issues of competence.
11. To accept the kind offer of the Qualifying Tribunal of Elections and Electoral Service of Chile for that country to be the seat of the XII Conference of the Inter-American Unión of Electoral Agencies which will be held in the year 2014, the alternative seat will be Colombia, with the host institutions being the National Electoral Council and the National Registry of Civil Status.
CONGRATULATIONS AND ACKNOWLEDGEMENTS
The Conference:
Renders due homage to Mr. Juan Ignacio García Rodríguez for his contribution to electoral knowledge, due to having been a fundamental pillar of UNIORE as well as for his efforts to achieve the development of the objectives and goals of this organization, but especially for his deep human quality.
Manifests its gratitude to the maximum national authorities of the Dominican Republic for their hospitality, in the person of His Excellency Mr. President of the Republic Leonel Fernández.
Expresses its gratitude to the Central Electoral Board of the Dominican Republic, to its President Roberto Rosario Márquez, and its Judges, for the excellent organization and warm generous hospitality offered to the participating delegations.
Expresses its gratitude to the officials of the Central Electoral Board of the Dominican Republic, for the excellent organization of the XI Conference of the Inter-American Union of Electoral Agencies.
Thanks the academic presenters for their contributions to this XI Conference of UNIORE.
Thanks the Inter-American Institute of Human Rights (Instituto Interamericano de Derechos Humanos - IIDH), through its program area of the Center for Electoral Promotion and Consulting (Centro de Asesoría y Promoción Electoral (CAPEL), Executive Secretary of the Inter-American Union of Electoral Agencies, to its President, Sorda Picado, the Director of CAPEL José Thompson
18 and its officials, for the work carried out seeking the strengthening of the Union and for the support given to the Central Electoral Board of the Dominican Republic in the organization of this Conference.
Given in Dominican Republic this 2nd day of August 2012.
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1. GENERAL DOCUMENTS
1. C. AGREEMENTS OF THE EXTRAORDINARY MEETING OF UNIORE IN ECUADOR, FEBRUARY 2013
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Inter-American Union of Electoral Organisms EXTRAORDINARY MEETING
INTER-AMERICAN UNION OF ELECTORAL ORGANISMS (UNIORE)
February 13, 2013
The delegates, representatives of the following electoral organisms: National Electoral Chamber of Argentina, Elections Canada of Canada, National Electoral Council of Colombia, Colombian National State Civil Registry, Supreme Elections Tribunal of Costa Rica, Qualifying Elections Tribunal of Chile, Electoral Service of Chile, National Electoral Council of Ecuador, Electoral Disputes Tribunal of Ecuador, Supreme Electoral Tribunal of El Salvador, Supreme Electoral Tribunal of Guatemala, Electoral Tribunal of the Judicial Branch of the Federation of Mexico, Federal Electoral Institute of Mexico, Supreme Electoral Council of Nicaragua, Electoral Tribunal of Panama, Superior Electoral Justice Tribunal of Paraguay, National Elections Jury of Peru, National Office of Electoral Processes of Peru, Puerto Rico State Commission on Elections, Superior Electoral Tribunal of the Dominican Republic, Central Electoral Board of the Dominican Republic, Electoral Commission of Santa Lucia, Electoral Court of Uruguay and National Electoral Council of Venezuela, have gathered together for the Extraordinary Reunion of the Inter-American union of Electoral Organisms (UNIORE), in the City of Quito, Ecuador, on February 13, 2013, as members of the UNIORE and after the upheld discussions,
WE AGREE
1. To thank the electoral authorities of Ecuador, as well as its staff, for organizing this Meeting and for their hospitality and attentiveness towards the participants.
21 2. To acknowledge receipt of the report on the activities of the UNIORE’s pro tempore Presidency, as sent by the Presidents of the Central Electoral Board and of the Dominican Republic’s Superior Electoral Tribunal.
3. To take note of the presentation by the delegates of Korea’s National Electoral Commission, Lee Jong-Woo and Kim Yong Hi, who, as both an electoral organ and executive secretary of the Work Group for the creation of a Association of World Election Bodies (A-WEB). To congratulate for this initiative and to distribute the respective materials to all members of the UNIORE, so they can be studied and analyzed by each member electoral institution.
4. To admit the National Civil State Registry of Identification (RENIEC1) of the Republic of Peru as a member of the Inter-American Union of Electoral Organisms (UNIORE2) and to give the most respectful welcome to this organism through its National Director, Sr. Jorge Luis Yrivayen.
5. As an unanimous decision, a new UNIORE Extraordinary Meeting has been called for, in order to get to know and solve the agenda’s pending points:
A. “Knowledge about new requests to enter UNIORE: request from the National Electoral Direction of Argentina;
B. Knowledge about work and cooperation agreements with the following organisms: a. IDEA International b. Organization of American States c. Subscription to Latinobarometer of the Americas
C. Presentation of the Plan of Action within the framework of the “Report on the UNIORE’s Work Group session” (Mexico, July 13 and 14, 2011)”.
D. Discussion about UNIORE’s budget matters.
E. Knowledge about proposal by UNIORE’s Protocol of Electoral Accompaniment for Electoral Missions.
1 For its acronym in Spanish 2 Ibid.
22
F. Reform Proposal of the Inter-American Union of Electoral Organisms’ Charter (annexed reform proposal).”
6. To use this unique opportunity and in efforts of planning this upcoming Extraordinary Meeting, to expand the Committee of Coordination and Follow Up, by including the participation of the gentlemen Erasmo Pinilla, President of the Electoral Tribunal of Panama, and Domingo Paredes, President of the National Electoral Council of Ecuador.
7. The mandate of this expanded Committee will focus on setting the date, which will be set no more than ninety days after the celebration of the first session (February 13, 2013) and the headquarters, for which we take note of the offers made by the Superior Electoral Justice Tribunal (SEJT) of the Republic of Paraguay and by the National Electoral Council (NEC) of the Bolivarian Republic of Venezuela, with the occasion of their respective electoral processes.
8. For all statutory effects, it is formally acknowledged that the documentation that was distributed during the first session of the Extraordinary Reunion (February 13, 2013) was presented and made known to all the members of the UNIORE. In addition, a timeframe of thirty days has been set, starting on this date, for presenting the observations or proposals on behalf of the member organisms. This information will be sent both to the Executive Secretariat and to the Presidency of UNIORE.
9. The Qualifying Elections Tribunal of the Republic of Chile will send the written Statute’s reform proposal, about limiting the number of electoral organism per country that can be members of the UNIORE to three.
10. To make a commitment to send delegates to the next Extraordinary Metering, who have the powers required to take corresponding actions.
11. To put the Presidency in charge of acknowledging Tibisay Lucena Ramírez, President of the National Electoral Council of Venezuela, for their important contributions to the forefront of its country’s electoral organism
Done in Quito, Ecuador, on February 13, 2013.
23 By the National Electoral Chamber of Argentina
Elena Gómez Pro-Secretary of the Chamber National Electoral Chamber
By the Supreme Electoral Tribunal of Bolivia
Wilma Velasco Aguilar President Supreme Electoral Tribunal
By Elections Canada
Chris Rodgers International Affairs Elections Canada
By the National Electoral Council of Colombia
Luis Bernardo Franco Ramírez Magistrate National Council of Colombia
By the Colombian National Registry of the Civil State
Carlos Ariel Sánchez Torres Head of the National Registry Office National Registry of the Civil State
Altus Alejandro Baquero Ruefa Private Secretary National Registry of the Civil State
Roberto José Rodríguez Carrera Coordinator of the Administration Program National Registry of the Civil State
24
By the Supreme Elections Tribunal of Costa Rica
Max Esquivel Faerron Magistrate Supreme Elections Tribunal
Zetty Bou Valverde Magistrate Pro Tempore Supreme Elections Tribunal
By the Qualifying Tribunal of Elections Chile
Patricio Valdes Aldunate President Qualifying Tribunal of Elections
Arturo Lagos Parisi Department Chief Qualifying Tribunal of Elections
By the Electoral Service of Chile
Elizabeth Cabrera Burgos Sub-Director Electoral Service
By the National Electoral Council of Ecuador
Domingo Paredes Castillo President National Electoral Council
By the Electoral Disputes Tribunal of Ecuador
Catalina Castro Llenera
25 President Electoral Disputes Tribunal
Patricio Baca Mancheno Vice President Electoral Disputes Tribunal
By the Supreme Electoral Tribunal of El Salvador
Eugenio Chicas President Supreme Electoral Tribunal
Eduardo Urquilla Magistrate Supreme Electoral Tribunal
Gilberto Canjura Veláquez Magistrate Supreme Electoral Tribunal
By the Supreme Electoral Tribunal of Guatemala
Helder Ulises Gómez Magistrate Supreme Electoral Tribunal
José Mynor Pal Usen Substitute Magistrate Supreme Electoral Tribunal
By the Electoral Tribunal of the Judicial Branch of the Federation of Mexico
Manuel Gonzáles Oropeza Magistrate Electoral Tribunal of the Judicial Branch of the Federation
By the Federal Electoral Institute
26
Manuel Carrillo Poblano Coordinator of International Affairs Federal Electoral Institute
Magdalena Palencia Sub-Director of Relations with Electoral Organisms Federal Electoral Institute
By the Supreme Electoral Council of Nicaragua
José Luis Villavicencio Magistrate Supreme Electoral Council
Adonai Jiménez General Director of Electoral Affairs Supreme Electoral Council
By the Electoral Tribunal of Panama
Erasmo Pinilla President Electoral Tribunak
Lizbeth Reyes Director of International Relations Electoral Tribunal
By the Superior Tribunal of Electoral Justice of Paraguay
Luis Alberto Mauro Advisor and Adjunct Coordinator of the Elections Commission 2013 Superior Electoral Justice Tribunal
Modesto Núñez Supervisor Superior Electoral Justice Tribunal
Lourdes Rojas
27 Judicial Secretariat Superior Electoral Justice Tribunal
Marizol Gonzáles Director of Electoral Statistics Superior Electoral Justice Tribunal
By the National Elections Jury of Peru
Baldomero Elías Aybar Carrasco Magistrate National Elections Jury
Luis Antonio Legua Aguirre Magistrate National Elections Jury
By the National Office of Electoral Processes of Peru
Elizabeth Rocío Bravo National Office of Electoral Processes
José Antonio Cornejo Gobetto National Office of Electoral Processes
By the Central Electoral Board of the Dominican Republic
Roberto Rosario Márquez President Central Electoral Board
Rosario Altagracia Graciano de los Santos Magistrate Central Electoral Board
César Francisco Féliz Feliz Magistrate Central Electoral Boad
28 By the Superior Electoral Tribunal of the Dominican Republic
Mariano Rodríguez Rijo President Superior Electoral Tribunal
Mabel Féliz Báez Magistrate Superior Electoral Tribunal
Jose Ml. Hernández Peguero Magistrate Superior Electoral tribunal
By the Puerto Rico State Commission on Elections
Héctor J. Conty Pérez President Puerto Rico State Commission on Elections
Walter Vélez Martínez Secretary Puerto Rico State Commission on Elections
By the Electoral Commission of Saint Lucia
Michael Floor Commissioner Electoral Commission
By the Electoral Court of Uruguay
Ronald Herbert President Electoral Court
Washington Salvo Minister Electoral Court
29
By the National Electoral Council of Venezuela
Socorro Hernández Hérnandez President National Electoral Council
Luisa López Director of International Relations Cooperation National Electoral Council
Ludia Cárquez National Electoral Council
By the Executive Secretariat
Joseph Thompson Director of Center for Electoral Advisory and Promotion
30
1. GENERAL DOCUMENTS
1. D. AGREEMENTS OF THE EXTRAORDINARY MEETING OF UNIORE IN CUENCA, ECUADOR 2013
31
Inter-American Union of Electoral Organisms
EXTRAORDINARY MEETING
INTER-AMERICAN UNION OF ELECTORAL
ORGANISMS
(UNIORE)
June 3rd and 4th, 2013
The delegates, representatives of the Election Bodies of Argentina, Bolivia, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, Uruguay and Venezuela, who gathered as members of the UNIORE for the Extraordinary Meeting of Electoral Organisms that took place in Cuenca, Ecuador, on June 3rd and 4th,
AGREE TO Reform the Fifth and Eleventh clauses of the UNIORE’s Inter-American Union of Electoral Organisms’ Charter, so that it states the following:
Fifth: ''The Conference will be validly initiated with the presence of over half of its members. Resolutions and agreements will be approved by consensus of the electoral organisms present in the Conference.
In case no consensus is reached, the Committee for Coordination and Follow-Up will use all available mechanisms to obtain it.
If still unable to reach consensus, the Conference will vote and approve the resolutions and agreements with support of at least 80% of the present election bodies.
For Statute reforms, all members of the UNIORE must be consulted previously.
Each Electoral Organism will have one vote in the Union, regardless of the amount of participants. Its emission corresponds to whoever is President of the respective Delegation at the time”.
Eleventh: “Reforms to this Agreement requires consensus by this UNION’s members, as the Fifth clause states.
It may be requested by any one of these bodies. In such case, they must include the proposal in the calling for the upcoming meeting and must indicate the complete reform proposal’s text.”
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
1
32
Inter-American Union of Electoral Organisms
The President of Chile’s Qualifying Elections Tribunal gives approval to the Eleventh clause of the Statute, understanding that the fourth paragraph of the proposal is: “In order to reform a Statute there must be an approval rate of at least 80% of all UNIORE’s members.”
Previously referred to reforms become active after the next UNIORE’s Conference.
Accept the kind offering of Panama’s Electoral Tribunal of hosting an Extraordinary Meeting of the UNIORE before the end of the year 2013.
CONGRATULATIONS AND ACKNOWLEDGEMENTS
The Conference:
Thanks to the National Electoral Council of Ecuador, his President Domingo Paredes and the Councilors, as well as Mrs. Catalina Castro, President of the Electoral Disputes Tribunal, and its judges for the excellent organization, and the generous and warm hospitality extended to the participating delegations.
Expresses its gratefulness to the officials of Ecuador’s Electoral Affairs for the excellent organization of this Extraordinary Meeting of the Inter-American Union of Electoral Organisms.
Signed in Cuenca, Ecuador, on June 4, 2013.
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
2
33
Inter-American Union of Electoral Organisms
By the National Electoral Chamber of Argentina
Gustavo Mason
Subdirector
By the Supreme Electoral Tribunal of Bolivia
Wilfredo Ovando Rojas
Vice President
Richard Aguilar
President’s Advisor
By the Qualifying Elections Tribunal of Chile
Patricio Valdés Aldunate
President
Juan Eduardo Fuentes Belmar
Magistrate
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
3
34
Inter-American Union of Electoral Organisms
By the Electoral Service of Chile
Elizabeth Cabrera
Substitute Director
By The National Electoral Council of Colombia
José Joaquín Vives Pérez
Magistrate
By the National Registry of the Civil State of Colombia
Carlos Ariel Sánchez Torres
National Register
Altus Alejandro baquero Rueda
Private Office Secretary
By the Supreme Elections Tribunal of Costa Rica
Eugenia María Zamora Chavarría
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
4
35
Inter-American Union of Electoral Organisms
Magistrate
Max Alberto Esquivel Faerrón
Magistrate
By the National Electoral Council of Ecuador
José Domingo Paredes Castillo
President
Juan Pablo Pozo
Council
By The Electoral Disputes Tribunal of Ecuador
Catalina Castro Llenera
President
Patricia Zambrano Villacrés
Magistrate
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
5
36
Inter-American Union of Electoral Organisms
Guillermo González
Magistrate
Miguel Angel Pérez
Magistrate
By the Supreme Electoral Tribunal of El Salvador
Eugenio Chicas Martínez
Magistrate
Gilberto Canjira
Magistrate
By the Supreme Electoral Tribunal of Guatemala
María Eugenia Villagrán de León
President
Patricia Cervantes Chacón
Magistrate
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
6
37
Inter-American Union of Electoral Organisms
By the Electoral Commission of Jamaica
Aundre Franklin
Commissioner
By the Electoral Tribunal of the Federation of Mexico
Manuel Gonzalez Oropeza
Magistrate
Electoral Tribunal of the Judicial Branch of the Federation
Alberto Guevara
Chief of International Affairs Unit
By the Federal Electoral Institute of Mexico
Manuel Carrillo Poblano
Coordinator
Coordination of International Affairs
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
7
38
Inter-American Union of Electoral Organisms
Rafael Riva Palacio Galimberti
International Cooperation and Alliances
Coordination of International Affairs
By the Supreme Electoral Council of Nicaragua
José Luis Villavicencio
Magistrate
By the Electoral Tribunal of Panama
Erasmo Pinilla
President
Lizbeth Reyes Martínez
Chief of International Relations
By the Superior Tribunal of Electoral Justice of Paraguay
Luis Alberto Mauro
President’s Advisor
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
8
39
Inter-American Union of Electoral Organisms
Lourdes Rojas
Judicial Secretary
Marizol González
Director of Electoral Statistics
Jazmin Barrios
Director of Human Resources
By the National Office of Electoral Processes of Peru
Mariano Cucho Espinoza
National Chief
Sandra Portocarrero
Manager of Juridical Advisory
By the National Elections Jury
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
9
40
Inter-American Union of Electoral Organisms
Francisco Távara
President
Luis Iglesias
Central Director
By the National Registry of Identification and Civil State of Peru
Jorge Yrivarren
National Chief
Piero Alessandro Corvetto Salinas
Manager of Electoral Registry
By The State Elections Commission of Puerto Rico
Liza García
Vice President
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
10
41
Inter-American Union of Electoral Organisms
Walter Vélez
Secretary
By the Central Electoral Board of the Dominican Republic
Roberto Rosario Márquez
President
Rosario Altagracia Graciano De Los Santos
Magistrate
By the Superior Electoral Tribunal fo the Dominican Republic
Mariano Américo Rodríguez
President
John Guiliani Valenzuela
Magistrate
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
11
42
Inter-American Union of Electoral Organisms
By the Electoral Court of Uruguay
Wilfredo Penco
Vice President
Alberto Brause
Minister
By the National Electoral Council of Venezuela
Tibisay Lucena Ramírez
President
Rosaura Sierra
General Director of International Relations
By the Executive Secretariat
José Thompson
Director of CAPEL
Extraordinary Meeting of Inter-American Union of Electoral Organisms UNIORE Cuenca, Ecuador, June 2 and 3, 2013
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43
2. PROPOSALS WITH FUNCTIONS CLARIFICATION IN THE FRAMEWORK OF UNIORE
2. E. ELECTORAL TRIBUNAL OF PANAMA
Received by the Executive Secretariat 10/10/13
44 PROPOSALS WITH FUNCTIONS CLARIFICATION IN THE FRAMEWORK OF UNIORE
SIXTH: To give continuity to the Association, a Coordination and Monitoring Committee will work between conferences and for a period of two years, and will be comprised by the Presidency of UNIORE, a representative of the Electoral Body or Bodies headquarter of the previous Conference, and by a representative of the Body or Bodies headquarter of the next Conference, as well as by the Executive Secretariat. This Committee is the highest authority for coordination and monitoring between the two Conferences.
SEVENTH: The Coordination and Monitoring Committee will be responsible for the following tasks:
A) To prepare the agenda for each conference.
B) To present a report on its activities to each Conference.
C) To assist in the promotion of the Union activities.
D) To perform consults to the Union’s members on extraordinary matters that arise in the intermediate period of the Conferences, may convene Special Conferences under the provisions of Clause Fourth.
SEVENTH Bis: The Presidency of UNIORE will be exercised for a period of two years by the Body or, where there are several, jointly by the Bodies headquarter of the previous Conference. Its mandate will begin with
45 the Presidency formal transfer ceremony at the beginning of the ordinary Conference and will end when performing this same act in the next ordinary conference. The Presidency will have the following functions:
A) To coordinate the works of the Conference and preside its meetings;
B) To convene and chair the Coordination and Monitoring Committee meetings;
C) To represent UNIORE before other entities, bodies or activities;
D) To coordinate the implementation of the activities assigned by the conferences and any other emerging requirements, with the Executive Secretariat;
E) To receive periodic financial reports of UNIORE from the Executive Secretariat and, if necessary, take steps to ensure that the member's contributions are kept updated;
F) Any others that the Conference will be assigning.
EIGHTH: The technical and administrative body of the Union is the Executive Secretariat, which shall be performed by the Center for Electoral Promotion and Assistance (CAPEL).
Shall be responsible for the following tasks:
A) To develop, in accordance with the instructions of the Coordination and Monitoring Committee, the agenda and methodology to be considered in each Conference, all of which will be informed early enough to the Member Bodies.
46 B) To execute, to the extent its technical and financial resources allowed it, the approved programs and projects that the Conference have assigned.
C) To report on its activities to each Conference.
D) To foster, through the Coordination and Monitoring Committee, the requests for admission of new members to be submitted for the Conference consideration.
E) To encourage cooperation between the Member Bodies and all the activities related to the Union objectives.
F) Any other that the Conference may assign, as its technical and financial resources allow it.
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3. GENERAL OBSERVATIONS TO DOCUMENTS FILED IN THE EXTRAORDINARY MEETIN OF UNIORE IN ECUADOR, FEBRUARY 2013
3. F. FEDERAL ELECTORAL INSTITUTE OF MEXICO
Received by the Executive Secretariat 14/03/13
48 PRESIDENCY OF THE GENERAL COUNCIL
México, D. F., March 14th, 2013.
DR. ROBERTO ROSARIO MÁRQUEZ DR. MARIANO A. RODRÍGUEZ RIJO President de la Central Electoral Board of President of the Superior Electoral Court of the Dominican Republic the Dominican Republic President of the Inter-American Union of President of the Inter-American Union of Electoral Bodies Electoral Bodies
Very honourable Presidents of the Electoral Authorities of the Dominican Republic:
I hereby send you a cordial greeting, and I express my gratitude for having sent me the report of the Extraordinary Meeting that took place in Quito last February 13th, as well as the agenda to be covered.
With regard to the points you are kind enough to send for our consideration, which are as follows,
I. Application from the National Electoral Direction of Argentina to form part of the UNIORE. II. Collaboration Agreements III. Action Plan, taken from the Work Group in Mexico IV. Budget issues in UNIORE V. UNIORE’s Proposal of Protocol of Electoral Accompaniment for electoral missions VI. Proposal to reform the Chart of the UNIORE
I hereby state some considerations for you.
I. Application from the National Electoral Direction of Argentina (DINE) to form part of the UNIORE
I have been informed of the intense debate that such application brought up. Beyond the judicial analysis that I could perform on it, I place for your consideration the official letter dated on January 9th, 2013, where the Plenary Session of the National Electoral Chamber of Argentina presented a series of arguments aimed at supporting their position against the entrance of DINE to UNIORE.
II. Collaboration Agreements
In relation to the projects of collaboration agreements with three different instances, International IDEA, the Organization of American States (OAS), and Latinobarometer of the Americas; beyond the legal considerations and procedures that we could have about it, we would kindly require to know all
…1
49 the benefits that the UNIORE would receive if such agreements were concluded. Even though we are certain that on an individual basis several members of the Union do hold collaboration schemes with those institutions, activities which in certain cases other members also concur, we want to know which will be the collective benefits, as well as the obligations of the Union when signing these documents.
III. Action Plan, taken from the Work Group in Mexico
As for the document called “Action Plan Based on the Framework of the Report of the Work Group Session of the UNIORE (Mexico, July 13th and 14th, and November 2011)”, which was distributed to us on February 13th in Quito, we put to your consideration the following comments.
1. The background aspects of the Action Plan made by the Work Group in Mexico in July of 2011 are:
a. The agreement # 13 of the X Conference of the UNIORE, celebrated in 2010 in Mérida, Yucatán, presided by the Federal Electoral Institute (IFE), and the Electoral Court of the Judicial Power of the Federation (TEPJF), established that the Presidency of the UNION would call a Work Group to make up a diagnostic on the new needs and a Road Map to tend to them. Such group was made up by the members of the Coordination and Follow-up Committee of the UNIORE – IFE and TEPJF, the Central Electoral Board of the Dominican Republic, and the Executive Secretariat, the President Members of the Tikal and Quito Protocols – the Supreme Electoral Court of Guatemala and the National Electoral Council of Ecuador, respectively, the President of the Supreme Electoral Tribunal of El Salvador, as leaving President of UNIORE, as well as representatives from different regions of the continent: the Federal Electoral Commission of the United States, the Electoral Commission of Jamaica, the Electoral Tribunal of Panama, the National Electoral Council of Venezuela and the Electoral Service of Chile.
b. The work meeting took place in Mexico City on July 13 and 14, 2011. There, the Group Work identified the current challenges faced by the electoral authorities in the continent, how UNIORE has tended to the electoral agenda in the last 20 years and its limitations to face up to such challenges.
Also, as part of the Agreements, it was established that such Group would “elaborate a diagnosis and a Road map to tend to the new needs and requirements of the members of the UNIORE”. This Group was thus born as a result of a collegiate decision from the UNIORE, with clear and specific assignments.
As a result of its activities, the Report on the Work Group Session of the UNIORE (Mexico City, July 13 and 14 2011) was written. The document collects, in its Appendix #10, five ideas that became the objectives to work on for the Road map. A series of proposals for action as a Road map for each of these objectives are also included in the Report.
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50 c. Based on the Agreements of the X Conference, the Extraordinary Meeting was held on November 10 and 11, 2011, to commemorate the XX Anniversary of the UNIORE and to present the diagnostic and the Road map written by the Work Group. That is to say, the celebration and development of such a meeting were the result of the Report on the Work Group Session of the UNIORE (Mexico City, July 13 and 14 2011). It must be noted that the celebration of such meeting is part of the Agreements of the said Conference.
The second point of the Conclusions of the aforementioned Extraordinary Meeting states that the following actions would be accomplished: i. Creating a Project of Protocol for Electoral Observation within the framework of UNIORE ii. Incorporating the electronic publications of the EMBs members of UNIORE to the UNIORE web site. iii. Redefining and strengthening the role of the Presidency of the UNIORE, as well as the mechanisms of coordination and liaison with the Executive Secretariat. iv. Insisting on the importance to establish certain programs and instances in civic education and civic-electoral training matters. v. Pointing out the increasing value that electoral jurisprudence has acquired and the value of its systematization. vi. Integrating a Commission that will study different formulas to ensure sustainable financing for the UNIORE, including different fees, donations from international bodies and proposals of projects that can be financed. vii. Considering a planning and programming system on medium and long term bases.
d. As a result of such Meeting, the document became known and was supported. The document included the proposals of diagnostic (appendix 3) and Road Map (Appendix 10), written by the Group Work that held a session in July, 2011.
It is important to point out that the report on the results on the Meeting the Work Group was confirmed by the Plenary Session of the UNIORE in its XI Meeting in the Dominican Republic, which took place from July 29th to August 3rd, 2012, which gives it full juridical support.
2. The document we have received, more than being a document based on the activities developed by the Work Group in Mexico, or on the decisions adopted in a collegiate way by the UNIORE in the Dominican Republic on its results, it is a new proposal that retakes some conclusions of the Group and presents other actions to develop, different to those that were proposed and approved in proper time and form, as signalled before.
Therefore, we may conclude that the document of the Work Group in Mexico approved by the Extraordinary Meeting and the XI Conference, which incorporates activities to carry out, is the juridical, validated instrument and on which all the different programmes of action must be based on. Without detriment to the document given to us in Quito on February 13, I very respectfully ask that it be analysed, discussed and approved to strengthen, in its case, the Group Word document from Mexico. From our point of view, the document distributed in Quito requires
…3
51 formality and due discussion, as well as approval, just as the document produced by the Work Group in Mexico.
IV. Budget issues in UNIORE
Originating from the agreements of the Work Group in Mexico in July 2011, Appendix 11 of the Report establishes in its objective #5 that “the UNIORE must be a self-sustainable entity through financing sources agreed upon by its members and their contributions”. Such proposal includes considering fees, gathering financial contributions from international, national and electoral bodies.
We consider, very respectfully, that the discussion on this point must stem out of the objectives set by the Work Group and approved by the plenary session of the Extraordinary Meeting in the Dominican Republic.
V. Proposal of Protocol for Electoral Accompaniment of the UNIORE for electoral missions.
1. Stemming out from what was established in the Road map created by the Work Group that met in July, 2011 in Mexico, and fulfilling the agreements approved in the Extraordinary Meeting that took place in November of that same year in this city within the framework of the XI Conference of the UNIORE, celebrated from July 29th to August 3rd, 2012 in the Dominican Republic, the Project for Protocol for Observation of the UNIORE. This can be found in Appendix 10 of the Report that IFE and TEPJF of Mexico presented on their Presidency of the UNIORE (November 2010 – July 2012).
As part of the agreements approved in the aforementioned XI Conference, the Coordination and Follow- Up Committee was entrusted with sending the members who were not there, the Project of Protocol, with a deadline of 90 days for the Committee to receive the comments and opinions (in written form) from each of the members of the UNIORE. Later on, the Committee itself, within a period of 30 days, would incorporate the observations and share a new version of the Project.
In our perspective, the Protocol for Electoral Observation of the UNIORE was duly integrated and approved after the agreements reached in the Meeting in the Dominican Republic from July 29th to August 2nd, 2012, with the corresponding deadlines and consultations.
We respectfully ask for the orientation that you consider due on this new Proposal of Protocol for Electoral Accompaniment of the UNIORE for the electoral missions. Will this instrument substitute the Protocol for Electoral Observation approved in the Dominican Republic or is this new Protocol an alternative instance? In any case, we put to your consideration the pertinence of analysing and discussing the juridical-procedural basis of this new Protocol of Electoral Accompaniment.
VI. Proposal to reform the Chart of the UNIORE
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52 Appendix 9 of the Report of the Work Group in Mexico, in its point number 10, establishes that the “UNIORE Charter must be modified so that it works as a continental organization with the responsibility to support and guide the electoral bodies of the continent.
According to this, we respectfully suggest that the necessary actions must be taken to be able to implement the agreements of the Work Group in Mexico in relation to the reform of the Charter. Attached to this letter you will find the Report with the eleven corresponding appendixes of said Work Group.
Thank you very much for the attention given to this letter. Should you require any further information you may judge convenient, please do not hesitate to inquire after it. I profit the occasion to assure you of my highest consideration.
Sincerely, The President Councillor
Dr. Leonardo Valdés Zurita
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3. GENERAL OBSERVATIONS TO DOCUMENTS FILED IN THE EXTRAORDINARY MEETIN OF UNIORE IN ECUADOR, FEBRUARY 2013
3. G. ELECTORAL COURT OF THE FEDERAL JUDICIARY OF MEXICO
Received by the Executive Secretary 13/03/13
54
INSTITUTIONAL POSITION OF THE ELECTORAL COURT OF THE FEDERAL JUDICIARY ABOUT TOPICS TO BE DISSCUSSED DURING THE NEXT EXTRAORDINARY MEETING OF THE INTER-AMERICAN UNION OF ELECTORAL BODIES.
BACKGROUND
1.- The Electoral Court of the Federal Judiciary (TEPJF) is a member of the Inter-american Union of Electoral Bodies (UNIORE), of which the Center for Advisory and Electoral Promotion (CAPEL) from the Inter American Institute of Human Rights (IIDH), acts as Executive Secretariat.
2.- UNIORE was created in Caracas, Venezuela, on 22 November 1991, during a joint meeting summoned by electoral bodies members of the Association of Electoral Bodies of Central America and the Caribbean (Tikal Protocol) and of the Association of Electoral Bodies of South America (Quito Protocol). In addition to these, other members of UNIORE include electoral bodies of Mexico, Canada and the United States of America. Mexico and Canda joined UNIORE during the Third Conference, which took place in 1996, and the United States of America joined during the Fourth Conference, in 1998.
3.- UNIORE is an non-governmental entity, whose decisions only entail recommendations and suggestions for its members
4.- UNIORE’s objectives are to:
• Increase cooperation amongst member Associations, as well as participating Electoral Bodies
1 55
• Foster exchange of information related to electoral regimes. • Pursue participation of member Electoral Bodies as observers in electoral processes. • Make general recommendations to UNIORE’s member Electoral Bodies. • Promote safe, efficient, and democratic electoral systems in which a free, universal and secret vote is guaranteed. • Provide support and assistance, inasmuch as resources allow for it, to member Electoral Bodies that request it.
5.- On 13 February 2013, in Quito, Ecuador, an Extraordinary Meeting of UNIORE took place. As states in the Fourth Clause of the Constitutive Act, five members submitted a formal petition for the meeting, although these petitions were not addressed to the Executive Secretariat, as stated in the quoted clause.
6.- Judge Manuel González Oropeza represented the Electoral Court of the Federal Judiciary. Also, representatives of the following Electoral Bodies attended the meeting: National Electoral Chamber of Argentina, Elections Canada, National Electoral Counicl of Colombia, National Electoral Office of the Civil Registry of Colombia, Supreme Electoral Court of Costa Rica, Electoral Court of Chile, Electoral Service of Chile, National Electoral Council of Ecuador, Electoral Court of Ecuador, Supreme Electoral Court of El Salvador, Supreme Electoral Court of Guatemala, Federal Electoral Institute of Mexico, Supreme Electoral Council of Nicaragua, Electoral Court of Panama, Superior Court of Electoral Justice of Paraguay, National Jury of Elections of Peru, National Office of Electoral Processes of Peru, State Elections Commission of Puerto Rico, Superior Electoral Court of Dominican Republic, Central Electoral Board of Dominican Republic, Electoral Commission of Santa Lucia, Electoral Court of Uruguay and National Electoral Council of Venezuela.
7.- The agenda for UNIORE’s Extraordinary Meeting was as follows:
2 56
3 57
4 58
8. - As part of the agreements at UNIORE’s Extraordinary Meeting, the Report of Activities from the Pro Tempore Presidency, currently held by the Presidents of the Superior Electoral Court and the Central Electoral Board of Dominican Republic, delivered by Dr Roberto Rosario, president of the latter, was noted.
9. - The presentation by delegates of the National Electoral Commission of Korea, Lee Jong- Woo and Kim Yong Hi, in their capacity as both central body and executive secretary of the working group for the establishment of an Association of World Electoral Bodies (A-WEB), was also noted.
10. - During the meeting, the National Registrar for Identification and Civil Status (RENIEC) from the Republic of Peru, was admitted as new member of UNIORE.
11. - By unanimous agreement by the meeting’s attendants, a new Extraordinary Meeting was called for, in order to discuss and solve the following pending issues:
“A. Membership applications to UNIORE: application by the Dirección Nacional Electoral of Argentina;
B. Cooperation and collaboration agreements with the following organizations will be duly noted: a. International IDEA b. Organization of American States c. Suscription to Latinobarómetro de las Américas.
C. Presentation of the Action Plan in the context of the “Report on the session of the UNIORE’s Working Group (Mexico, 13 and 14 July 2011)”.
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D. Discussion of UNIORE’s budgetary issues.
E. Inform about a proposal of Electoral Accompanying Protocol of UNIORE for Electoral Missions.
F. Proposal to Reform the Constitutive Act of the Inter-American Union of Electoral Bodies (proposal attached)”.
12.- Also, for this one time and in order to plan the next Extraordinary Meeting, it was agreed to extend the Coordination and Follow-up Committee, with the participation of Mr Erasmo Pinilla, President of the Tribunal Electoral of Panama and Mr Domingo Paredes, President of the National Electoral Council of Ecuador.
In this sense, the mandate of the extended Committee will focus on establishing a host country and a date for the next Extraordinary Meeting, which will be set within 90 days after the date of the first session (13 February 2013), and for which offers to host the meeting by the Superior Court of Electoral Justice (TSJE) of the Republic of Paraguay and by the National Electoral Council (CNE) of the Bolivarian Republic of Venezuela are noted, due their respective electoral processes.
13.- Additionally, member organizations can present comments and proposals related to the documents circulated by the Executive Secretariat, within 30 days after the Extraordinary Meeting.
14.- As discussed at the Extraordinary Meeting, the Electoral Court of the Republic of Chile will send a draft proposal to reform the Constitutive Act to limit representation at UNIORE to three electoral bodies by country. 6 60
15.- For the next Extraordinary Meeting of UNIORE, member organizations are committed to send delegates that are invested with due powers to make corresponding decisions on behalf of their organizations.
16.- In this sense, the Plenary of the Superior Courtroom of the Electoral Court of the Federal Judiciary expresses its institutional position in the following pages, regarding issues to be discussed during the next Extraordinary Meeting of UNIORE.
CONSIDERATIONS
A. Knowledge of incoming requirements to UNIORE: application of the National Electoral Directorate (DINE) of Argentina.
1.- The National Electoral Director of the Republic of Argentina, Dr Alejandro Tullio, by means of communication dated December 26th, 2012, asked Dr Roberto Rosario Márquez, President of the Central Electoral Board of the Dominican Republic, in his capacity as Chair of the Inter- American Union of Electoral Bodies (UNIORE), to consider DINE’s application for membership to UNIORE, expressing the following:
“Given the changes in the institutional framework of the National Electoral under the elections law, I understand that the opportunity to consider the possibility of incorporating this entity by this important forum has come and, which I hope, can come to fruition in the near future.
In this regard I must inform that the National Electoral Directorate, aside from being an organ of cooperation to the National Electoral Court with regard to logistics, financing and electoral organization, it has also been conferred exclusive competencies related to 7 61
financing of political parties and electoral campaigns, as well as management of the new system for administration of spaces for electoral campaigns”
2. - Dr Joseph Thompson, Director of the Center for Electoral Promotion and Assistance (CAPEL), in his capacity as Executive Secretary of UNIORE, by means of communication on January 25th, 2013, consulted the TEPJF on the probable incorporation of the National Electoral the Republic of Argentina as an active member of the UNIORE.
3. - The National Electoral Chamber of Argentina, by letter dated January 9th, 2013, announced its position on the request for membership by the National Directorate of the Republic of Argentina, noting the following:
"(…) the National Electoral Directorate of the Republic of Argentina is not an electoral body in terms of the requirements to be part of the Inter-American Union of Electoral Organizations.-
Certainly, the National Electoral Directorate depends of the Department of Political and Electoral Affairs of the Ministry of Interior and Transport, constituent of the Executive Power of the Republic of Argentina.- (…)
Even though a recent electoral reform has established that the distribution of administrative resources and spaces in the media are made by this entity [DINE], it does not have decision-making powers, but only limits itself to allocate resources following regulations. That is to say, it distributes the amounts defined in the law and applicable regulations, but this is subject to control by the judiciary; also the withdrawal of contributions must derive from the court’s decision.
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Essentially, functions traditionally carried out by the National Electoral Directorate are aimed to assist the National Electoral Justice, through logistics activities.-
For these reasons, it is requested that the Executive Secretariat conveys the unfavorable position of this Court on the incorporation of the National Electoral Interior Ministry and Transport of the Republic of Argentina, to the Inter-American Union of Electoral Bodies – UNORE”.
4. - During UNIORE’s Extraordinary Meeting on February 13, 2013, the same National Electoral Chamber of Argentina, distributed a document, which stated the following:
"The structure of the Ministry of Interior and Transportation (copy attached in document D - available online)1, demonstrates that while the Ministry has five secretariats, one of which is the "Secretary of Political and Electoral Affairs", reliant on the homonymous undersecretary, under whose orbit the "National Electoral Directorate" works, among other agencies that deal with electoral and political issues of the Ministry’s authority, such as the "National Political Affairs and Political Reform Directorate" or the "Electoral Political Observatory". (…)
In the case of DINE, regulations related to its own structure explicitly assign it the described nature of instrumental branch or support to the Ministry of the Interior. Decree 682/10 states that ‘by Decree No. 258 […] followed the approval of the Organizational Structure of the ministry of the interior’ and through pass of Law 26.571, ‘new responsibilities [were assigned] to the State Department and in particular to the National Directorates of Elections and of Political Affairs and Political Reform, both dependent of the SUBSECRETARY OF POLITICAL AND
1 See chart after this consideration number four. 9 63
ELECTORAL AFFAIRS of the SECRETARY OF POLITICAL AFFAIRS of the MINISTRY OF THE INTERIOR’.
In Latin America, the creation of centralized and specialized electoral bodies - as those that are members of UNIORE – stems, precisely, from the need to separate the electoral function from other roles within the Executive and Legislative Powers.
As formerly stated, the National Electoral Directorte is not an independent or autonomous electoral body, but rather an instrumental or support agency of the Ministry of the Interior and Transport, whom is responsible directly to that instance within the National Executive Power. Namely, it acts as instructed by the Minister in charge, which in turn responds to the Executive Power, which has an obvious political interest in electoral processes, due to its primary origin.
Furthermore, the National Electoral Chamber of Argentina handed out a document containing several Argentinian provisions that reference the National Electoral Directorate of Argentina.
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5. - It is important to note that in the opinion of certain authors, the Argentinian Electoral system could be considered as "mixed" or "impure" in the sense that the organization of the national electoral process involves several agencies, such as: - The National Electoral Court (electoral judicial forum) - The "national electoral boards" (but non-judicial bodies composed of Magistrates - The National Electoral Directorate (under the Ministry of the Interior).
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Subsidiary bodies: - The National Registry of Persons (under the Ministry of the Interior). - The Postal Service - The Electoral General Command.2
6.- Nevertheless, in 1962, the electoral function became an independent branch within the judiciary. Through Decree No. 7163/62 –ratified by law/decree 3284/63– (Adla, XXII-A, 594; XXIII-B, 800) which created the Cámara Nacional Electoral [National Electoral Chamber]. The latter was restructured in 1971 and, currently, is the only court of appeals of which its case law has plenary sentence binding force and is mandatory for all jueces de primera instancia [first instance judges] and for juntas electorales nacionales [national electoral assemblies].
7. - Therefore, the authority in charge of national elections in the Republic of Argentina is the National Electoral Court, which is part of the National Judiciary. Moreover, it exerts its powers regarding provincial as well as municipal elections when performed concurrently.
The Electoral Jurisdiction is formed by 24 federal trial courts of first instance with jurisdiction over each of the constituencies into which the country is divided –this is 23 provinces and the City of Buenos Aires– in addition to a single Court of Appeals –the National Electoral Chamber. It performs its jurisdiction throughout the Republic of Argentina and is the maximum authority on the subject. Its resolutions have binding character of doctrine mandatory to all courts of first instance.
2 GOZÁLEZ-ROURA Felipe y OTAÑO Piñero, Jorge H., Tendencias contemporáneas del Derecho Electoral en el mundo, Memoria del II Congreso Internacional de Derecho Electoral, Serie B Estudios Comparativos b) Estudios Especiales, Núm. 25, Proceso Electoral y Justicia Electoral: La Organización Electoral en la República Argentina, Cámara de Diputados, Instituto Federal Electoral, Tribunal Federal Electoral e Instituto de Investigaciones Jurídicas de la UNAM, México, 1993, http://biblio.juridicas.unam.mx/libros/2/635/39.pdf, consultado el 25 de febrero de 2013, p. 742. 12 66
The National Electoral Justice exercises four types of functions: a) jurisdictional, b) control, c) election management and d) registration.
8. - The National Electoral Boards are temporary bodies that are administrative by nature and that are installed –by rule of law– 60 days prior to each election, to solve issues regarding the administration of elections, final vote counting operations, determining causes that establish the validity or invalidity of the election and proclamation of candidates whom result elected. They are formed byt the federal electoral judge and other judges of the Judiciary.
Their decisions, like those adopted by the electoral judges, may be appealed before the National Electoral Commission.
9. – Hitherto the publication of Decree No. 682/2010, the National Electoral Directorate of the Republic of Argentina, dependent of the Ministry Interior, was considered by the doctrine as the agency responsible for providing the legal infrastructure and equipment required for the election act, while the National Electoral Justice –along with the election boards at the appropriate stage– directed and controlled the entire process of election administration, ensuring its transparency and legitimacy.
10.- The National Electoral Directorate is the national body responsible for scheduling, establishing and implementing the tasks that the legislation assigns to the Ministry of the Interior on electoral matters and on political parties; also, following Decree No. 682/2010, it has been assigned, as its primary responsibilities, to:
• Understand the organization party financing administration, as well as all aspects that the legislation mandates regarding political parties and electoral campaigns.
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• Understand dissemination and training on electoral norms, procedures and all information about elections and political parties. • Understand the modernization and innovation of procedures and regulations on matters under its responsibility.
Particularly, the National Electoral Directorate of the Republic implements a series of actions to contribute to transparency, security and reliability of the electoral process as a whole.
In this sense, the National Electoral Directorate of the Republic of Argentina performs the following actions:
Chart I.
Actions Boundaries • With public authorities at the national, provincial and municipal levels on the implementation of political rights.
• With the National Electoral Justice and local jurisdictions regarding the logistics, materials, communications and other Collaborate activities related to elections and referendums.
• Of National Electoral Policies • Operational tasks and relations with the Electoral General Command, the Secretary of Homeland Security of the Ministry of Justice, Security and Human Rights, as well as Strategy and implementation Security Forces, with regard electoral matters • Permanent Party Fund, campaign contributions, printing of ballots and aspects of cooperation with other agents in the electoral process.
• Electoral and Geoelectoral Information Systems, creating reports and specific geostatistical products.
• Operational link with the National Electoral Court in the tasks assigned by the law or judges Administration
• Activities provided under Law No. 26,215 on the distribution of Understanding electoral publicity in audiovisual media services.
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• In the tasks of collecting, categorization and providing information pertaining to electoral processes, planning and implementing of dissemination activities relating to corporate actions, participatory and electoral federal, national and local processes, as well as developing strategies and activities for training on civic-electoral matters.
• In the realization of studies and analysis on electoral rules and procedures, political parties, and general electoral behavior.
• In applying the reach out, cooperation and technical electoral assistance policy with foreign electoral bodies, international or regional organizations, local jurisdictions, non-governmental organizations, and political parties.
• In institutional relations, operational cooperation, interagency linkage, besides technical advice to electoral bodies from the provinces and the Autonomous City of Buenos Aires -with regard electoral and political parties issues-, and particularly to the Provincial Federal Electoral Organizations Forum.
Defining electoral geography, particularly in the delimitation of electoral regions. Participate
Draft and propose Projects to amend electoral laws and those related to political parties.
Operational tasks among the National Electoral Directorate, the National Electoral Justice, the provincial and municipal jurisdictions that Coordinate so request it, as well as the official Postal Service of Argentina S.A.
This chart illustrates that the National Electoral Directorate only undertakes operative and complementary activities to those by the National Electoral Chamber, and of collaboration with other authorites.
11.- Although reform to Laws 26.215 and 26.571, in line with Decrees No. 936/2010 and 445/2011, grants the National Electoral Directorate with functions related to distribution of time in the media and to the participation in the administration of resources for political parties and
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associacions, these are only established so that DINE can apply current legal dispositions, and in collaboration and coordination with electoral authorities and representatives of other powers.
12.- The National Electoral Commission and the National Electoral Directorate of the Republic of Argentina, are members of the Electoral Board of the Union of South American Nations (UNASUR).
UNASUR is an entity with international legal personality, which aims to form a consensual integration and unity in the cultural, social, economic and political affairs of their people, giving priority to political dialogue, social policies, education, energy, infrastructure, finance and the environment, inter alia, with a vision to eliminate socioeconomic inequality, social inclusion and citizen participation, strengthening democracy and reducing irregularities, in the context of strengthening Member States and respecting their independence.
Within the structure of UNASUR, lies the Electoral Council, which is an instance of functional and technical consultation, cooperation, coordination, research, exchange of experience, observation, support on electoral matters, and promotion of civic participation, as well as democracy under the UNASUR Constitutive Treaty.
According to its decree, the Electoral Council of UNASUR is composed of the highest authorities of the autonomous bodies, state agencies or institutions with electoral competence, set forth in its Annex I, in compliance with the laws of each member.
13. - As seen in the following chart, UNIORE and UNASUR, along with the Electoral Council, differ in their objectives and incorporation of new members:
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CHART II. UNIORE UNASUR Objectives Objective • Increase cooperation between the • Build, in a participatory and consensual Union's member Associations and way, a space for cultural, social, economic individual Electoral Organizations and political integration amongst its peoples, prioritizing political dialogue, social belonging to the Union. policy, education, energy, infrastructure, • Promote the sharing of information on financing and the environment, amongst electoral systems. others, in order to eliminate socioeconomic • Foster the participation of inequality, achieve social inclusion and representatives of the member citizen participation, strengthen democracy Organizations in an observer capacity in and reduce asymmetries, all within the framework of strengthening sovereignity electoral processes, at the invitation of and independence of member States. the country where they are held, which shall provide the necessary facilities as ELECTORAL BOARD far as is practicable in terms of its own resources. Objective • Formulate general recommendations for member Organizations. Build a space for integration, exchange of experiences, cooperation, research and promotion of • Promote honest, efficient and democratic citizen participation, civic education and democracy. electoral systems which guarantee universal suffrage and a free and secret Specific Objectives ballot. • Provide support and assistance, as far as • Foster exchange and transfer of knowledge, practicable, to Electoral Organizations experiences and technical assistance within electoral bodies, authorities and technical which request it. officers.
• Encourage the creation, use and application of non-dependent technologies for the improvement of electoral systems, through transference of technological modernization and innovation, and good practices regarding information systems in electoral processes.
• Organize observation and accompanying of electoral processes, at the request of a member State. 17 71
Enrollment of new members Enrollment of new members
First Clause of UNIORE’s Constitutive Act Article 20 of the Constitutive Treaty of UNASUR states that the Union is integrated by the Tikal states that the fifth year after the Treaty has entered Protocol members, the Quito Protocol into force and considering the purpose of members and “by the Electoral Bodies of the strengthening unity in Latin America and the Americas that apply for membership in the Caribbean, the Council of Heads of State and futur and whose acceptance in the Union is Government could examine applications by approved”. Associate States that have had that status for four years, to become Member States, following a Moreover, Eigth Clause, paragraph c) states recommendation supported by consensus of the that the Executive Secretariat has the Ministers of Foreign Affairs. responsibility to “process, through the Coordination and Follow up Committee, applications for membership to be considered by the Conference”.
In this regard, the objectives and procedure to accept new members to UNASUR are broader compared to those of UNIORE. UNASUR integrates more countries, mainly from South America, in the cultural, social, economic and political, unlike UNIORE that seeks integration of electoral bodies and covers only electoral matters.
14- The electoral function is, by its own nature, an autonomous function, so that it can be implemented with absolute freedom and equity. Thus, electoral bodies most be equally autonomous from any governmental authority in order to organize free and democratic elections.
15.- UNIORE is an organization of electoral bodies and, as such, is based on the assumption that those bodies are independent and autonomous from any other authority in their country. When it was founded in 1991, this requirement was not explicit. However, the development of the electoral funciton in the region has pointed towards the cosolidation of this condition for new electoral authorites, either through complex processes in their appointment, as in the case of Chile, or by the explicit legal acknowledgement of such condition.
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Another example is Ecuador, where since 2008 there is a constitutional electoral power that is autonomous from other governmental powers.
16.- The Electoral Court of the Federal Judiciary of Mexico deems important not to revert this trend by accepting new members to UNIORE which are subject to lines of management that respond to the Executive Power of a given country. Resolutions in electoral matters cannot be reviewed by another superior authority, although electoral authorities organically can be part of the public administration, as in the case of the National Registrar for Identification and Civil Status of Peru.
17.- The incorporation of agencies such as the National Electoral Directorate of the Republic of Argentina to UNASUR is out of the question, since, as sustained by Decree No. 682/2010 and Laws 26.571 (article 32) and 26.215 (article 35), there is an impact in the distribution of administrative resources to political parties, and such distribution comes from a decision made by the Executive Power of the Argentinean State.
B. Take note of working arrangements and cooperation with the following organizations: a. International IDEA
1. - The instrument of cooperation between UNIORE and International IDEA is a Memorandum of Understanding (MoU) between a non-governmental and inter-governmental organization, in accordance with their respective key documents. Nevertheless, there is no legal basis in the Constitutive Act of UNIORE to provide legal representation of the Union to the Directorate of the Coordination and Follow-up Committee (sixth clauseee, UNIORE Constitutive Act).
2. - The purpose of the document is the involvement of IDEA with UNIORE in plans, projects, programs, research, training, information exchange, technical assistance and support to sustainable democracy by academic and institutional activities" (Article 1, MoU) 19 73
3. – According to Article IV of the proposed MoU, the "Annual Work Plan, projects and programs that take part of the implementation and execution of the above issues and areas, will be prepared by the Technical Committee, whose membership and functions are described in Article IX of this mechanism”. However, Article IX of the MOU deals with dispute resolution and does not mention at any time the Technical Commission, its integration or functions.
4.- Article VI states that it does not impose "generic financial obligations to any party" and that those "in which the parties may incur as a result of the annual work plans, projects and specific cooperation programs of this Memorandum, subject to the decisions made by their respective officials, accessibility of funds and the respective financial and budgetary regulations. "
5. - The duration of the MOU, under the first paragraph of Article XII, is indefinite. The period prior to its termination is a notice of three months.
6.- The fourth clause of UNIORE’s Constitutive Act states that the Conference of member electoral bodies is the Union’s supreme authority and does not provide grounds to its legal representation through the Pro Tempore Presidency. From this it is clear that the terms under which agreements are signed by UNIORE and its legality are a prerogative and responsibility of the Conference. b. Organization of American States
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1. - The tool for collaboration between UNIORE and the General Secretariat of the Organization of the American States is a cooperation framework agreement among a governmental entity and an international public organization, in accordance with their respective key documents. Conversely, there is no legal basis in the Constitutive Act of UNIORE to endow legal representation of the Union to the Directorate of the Coordination and Follow-Up Committee (sixth clauseee, UNIORE Constitutive Act).
2.- The purpose of the document is to provide a framework for cooperation for exchange of information, advice, attending meetings on issues of common interest, training and cooperative activities that, through special cooperative relations, can be established (Articles II and III, Cooperation Framework Agreement).
3. - The Cooperation Framework Agreement sets out the procedure to support and implement specific programs, projects and / or activities agreed under Article IV.
4. - The agreement does not enact financial obligations on the parties (Article V).
5.- As in the case of the acceptance of any other binding document, in this case there is no grounding for the legal representation of UNIORE through the Pro Tempore Presidency and it is highlighted that the Conference shall be the instance that defines the documents content and legality.’ c. Subscription to Latinobarómetro of the Americas
1. - Latinobarómetro is a regional survey, implemented in 18 countries in Latin America, that, using sample populations by country, captures public opinion on various issues, including political participation and confidence in democracy.
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2. - The document referencing UNIORE’s subscription to Latinobarómetro de las Américas broadly describes its objectives and its methods, but it does not specify the deliverables that UNIORE would receive, nor the amounts to pay or installments – i.e. whether it is an offer that each member can accept and benefit from, or a product for UNIORE as a whole.
3. - In section 3 (Proposal by UNIORE members), it states that the proposition incorporates a particular electoral body "in the core activities of the study," without stipulating the modalities of incorporation.
C. Presentation of the Action Plan in the framework of the "Report on the conference of the Working Group of UNIORE (Mexico, 13 and 14 July 2011)".
1.-The background of the Action Plan is as follows: a. Agreement number thirteen of the X UNIORE Conference, held in 2010 in Merida, Yucatan, led by the Federal Electoral Institute (IFE) and the Electoral Court of the Federal Judiciary (TEPJF), stated that the Presidency of the Union would convene a Working Group to prepare an analysis of new needs and a roadmap to address them. This group was comprised by:
i. Members of the Coordination and Follow-up Committee of UNIORE, the IFE, the TEPJF, the Central Electoral Board of the Dominican Republic, as well as the Executive Secretariat. ii. Electoral Bodies presiding the Tikal Protocol and the Protocol of Quito: the Supreme Electoral Court of Guatemala, and Ecuador's Supreme Electoral Council. iii. As outgoing President of UNIORE: the President of the Supreme Electoral Court of El Salvador.
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iv. Representatives of various regions of the continent: the Federal Election Commission of the United States, the Electoral Commission of Jamaica, the Electoral Court of Panama, the National Electoral Council of Venezuela and the Electoral Service of Chile b. During the conference held in Mexico City on July 13 and 14, the Team identified current challenges to the electoral authorities, and synthesized UNIORE´s contributions to meet the electoral agenda during the last 20 years, along with its limitations and challenges. Taking UNIORE’s vision as starting point, the Group suggested a roadmap to follow. c. On November 10 and 11, an Extraordinary Meeting was held in Mexico City. In the second section of the conclusions of such Extraordinary Meeting the following was stated:
i. Draft a Protocol for Electoral Observation in the framework of UNIORE. ii. Include digital publications of members on UNIORE’s website. iii. Outline and strengthen the role of the Presidency of UNIORE, as well as redefine the coordination mechanisms and links with the Executive Secretariat iv. Insist on the importance of establishing various programs and instances for civic education and civic-electoral training. v. Highlight the existing value that the electoral justice has acquired and the value of its classification. vi. Integrate a Commission to study alternatives to guarantee sustainable financing for UNIORE, including a variety of fees and contributions from international organizations, as well as projects that could apply for funding. vii. Consider a system of mid and long term planning.
2. - It is important to note that the Action Plan is not covered by the roadmap, nor explicitly mentioned in the conclusions. However, paragraph VII in the above list opens the possibility to present the Action Plan as a primary contribution to a planning and programming system.
3. - The Action Plan has the following structure: 23 77
a. Background, which analyzes UNIORE’s cooperation and promotion functions, it’s functional structure, as well as its organizations and mechanisms which can support its activities. b. Objectives, which include consolidation of horizontal cooperation between electoral bodies, the extension of democracy promotion, and consolidation and systematization of best practices. c. Products, among which are the creation of a corporate image of UNIORE, and activities on electoral cooperation, promotion of democracy and electoral observation.
4.- With regard these considerations, the documents and inputs that the Working Group has produced following an agreement reached during the X Conference of UNIORE, are the only legal reference to implement actions to strengthen electoral observation, technical assistance and general cooperation in the region.
D. Discussion of UNIORE’s budget.
1.- Currently, UNIORE’s budget is mentioned in the Constitutive Act, section B) of the Eighth Clause, which states that the Executive Secretary is accountable for running programs and projects approved by the Conference, to the extent permitted by its technical and financial resources. However, there is no ruling on financing mechanisms.
2.- The documentation relevant to UNIORE’s Extraordinary Meeting of February 13th, which the Executive Secretariat distributed by e-mail on Monday February 25th, did not include a specific document on financial matters of UNIORE.
3. - As described above, the Working Group that met on 13th and 14th of July in Mexico City, offered a proposal that included consideration of fees, fundraising for contributions from international organizations, as well as from national organizations and electoral authorities.
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4. - The Commission that was proposed at the Extraordinary Meeting of November 2011, has not developed any activity
5. - In the absence of a specific reference on the matter in the current documentation provided towards the next meeting of UNIORE, the inputs generated by the Working Group that met during 13 and 14 July in Mexico City are the only reference on the topic. Although a discussion on specific financing mechanisms can be anticipated and the need to asses the legal attributions of TEPJF to make financial, material and/or human contributions to UNIORE’s work, currently there is not, indeed, any document that analyzes budgetary issues.
E. Knowledge of the Protocol proposal of the Electoral Accompaniment of UNIORE for electoral missions.
1. - The documents sent electronically by the Executive Secretariat on February 25, 2013, did not include the abovementioned Protocol of UNIORE’s Electoral Accompaniment, but a PROYECT OF PROTOCOL FOR OBSERVATION MISSIONS OF THE INTER-AMERICAN UNION OF ELECTORAL BODIES (UNIORE).
2. - The background on activities related to the participation of UNIORE in electoral processes of member electoral bodies, is the effort of the Working Group which met on July 2011 and its proposal: Protocol for Electoral Observation of UNIORE.
3. - There are no official comments or modifications to the original proposal of the Working Group and, even though the latter is referenced in the new proposal titled “PROTOCOL PROJECT FOR ELECTORAL OBSERVATION MISSIONS OF THE INTER-AMERICAN UNION OF ELECTORAL BODIES (UNIORE)”, there is no clear link between both proposals, nor the acknowledgment of the legality of the products developed by the Working Group.
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F. Suggested Amendment to Articles of Incorporation of the American Union of Electoral Organizations.
1. - The suggested Amendment to the Constitution of UNIORE was released on February 13, 2013, at the Extraordinary Meeting in Quito, Ecuador.
Chart III.
Current text Proposed text Fourth Clause Fourth Clause
The Conference may also meet in extraordinary The Conference may also meet in session when so requested by at least five extraordinary session when so requested by at member Organizations, in writing to the least five member Bodies, in writing to the Executive Secretariat which, in consultation Presidency of the Coordination and Follow with the Committee mentioned in Clause Six, up Committee (COSEC [acronym in shall inform the members as far ahead of time as Spanish]), shall inform the members as far possible, of the site, date and agenda of the ahead of time as possible, of the site, date and extraordinary Conference. The Conference shall agenda of the extraordinary Conference. The be chaired by the Host Organization. Conference shall be chaired by the Host Organization.
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Sixth Clause Sixth Clause
The Conference shall appoint, for a two-year The Conference shall appoint, for a two-year term, a Coordination and Follow-up Committee term, a Coordination and Follow-up Committee composed of one representative of the Electoral (COSEC [acronym in Spanish]) composed of Organization which hosted the previous one representative of the Electoral Conference, one representative of Electoral Organization which hosted the previous Organization which is to host the next Conference, one representative of Electoral conference, and the Executive Secretariat. Organization which is to host the next conference. During the first year the Coordination and Follow-up Committee shall be chaired by the During the first year the Presidency of the representative of the Electoral Organization Coordination and Follow-up Committee which hosted the previous Conference and, shall be chaired by the representative of the during the second year, by the representative of Electoral Organization which hosted the the Electoral Organization hosting the next previous Conference and, during the second Conference. This Committee is the top-level year, by the representative of the Electoral coordination and follow-up body between one Organization hosting the next Conference. Conference and the next This Committee is the top-level coordination and follow-up body between one Conference and the next.
The Presidency of the Coordination and Follow-up Committee (COSEC) will hold the representation of the Union, within the responsibilities described in this Act, as well as when fulfilling tasks commended during Ordinary and Extraordinary Meetings.
Seventh Clause Seventh Clause
The Coordination and Follow-up Committee shall The Coordination and Follow-up Committee be responsible for performing the following tasks: shall be responsible for performing the A) Preparing the Agenda of each following tasks: Conference. A) Preparing the Agenda of each B) Presenting a Report of its activities to Conference. each Conference. B) Presenting a Report of its activities to C) Contributing to the promotion of the each Conference. Union's activities. C) Contributing to the promotion of the CH) Consulting members of the Union on Union's activities. any special matters which may arise during the CH) Consulting members of the Union on period between Conferences, with powers to any special matters which may arise during the convene a Special Conference pursuant to the period between Conferences, with powers to provisions of Clause Four. convene a Special Conference pursuant to the provisions of Clause Four.
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D) Draft, in agreement with the Coordination and Follow-up Committee, the agenda and methodology for each Conference, all of which it will be informed to members as far ahead of time as possible.
E) Process, through the Coordination and Follow-up Committee, applications for membership from new members, to be considered by the Conference.
F) Encourage cooperation between members and support all activities related to the Union’s objectives.
G) The Coordination and Follow-up Committee will be able to run consultations and process requirements, regarding specific issues related to its responsibilities, to the Inter-American Center on Electoral Promotion and Assistance (CAPEL [acronym in Spanish]) will have the status of consultative body and associate advisor to the Union.
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Eighth Clause Eighth Clause
The Union's technical-administrative organ is The Coordination and Follow-up Committee the Executive Secretariat, the duties of which will be able to run consultations and shall be performed by the Center for Electoral process requirements, regarding specific Promotion and Assistance (CAPEL), unless issues related to its responsibilities, to the otherwise agreed. Inter-American Center for Electoral Promotion and Assistance (CAPEL It shall be responsible for performing the [acronym in Spanish]) will have the status following tasks: of consultative body and associate advisor to the Union A) Preparing, in collaboration with the Coordination and Follow-up Committee, the The Union's technical-administrative organ agenda and methodology to be followed at each is the Executive Secretariat. An electoral Conference, informing the member body will be chosen to perform this duty for Organizations thereof as far ahead of time as a period of two years, also during the possible. Ordinary Conference. B) Executing, as far as is practicable in accordance with its technical and financial It shall be responsible for performing the resources, the programs and projects approved following tasks: and assigned to it by the Conference. C) Processing, through the Coordination A) Assist the Presidency of COSEC to and Follow-up Committee, applications for execute the programs and projects membership to be submitted to the Conference approved in Ordinary and Extraordinary for its consideration. Conferences. CH) Fostering cooperation between member Organizations and any activities relating to the B) Direct the execution of programs and Union's objectives. projects approved in Ordinary and D) Any others which the Conference may Extraordinary Conferences. decide to assign to it, as far as practicable within the limit of its technical and financial resources. C) Any others which the Conference may decide to assign to it, as far as practicable within the limit of its technical and financial resources.
Ninth Clause Ninth Clause
The Electoral Organizations belonging to the The Electoral Organizations belonging to the Union shall periodically forward to the Executive Union shall periodically forward to the COSEC Secretariat information concerning the conduct information concerning the conduct of its of its electoral processes and copies of its laws, electoral processes and copies of its laws, regulations, directives, works on doctrine, regulations, directives, works on doctrine, jurisprudence, electoral reports and, in general, jurisprudence, electoral reports and, in general, any material which they regard as useful to the any material which they regard as useful to the objectives of the Union, as well as any objectives of the Union, as well as any suggestions they deem appropriate. As far as is suggestions they deem appropriate. As far as practicable, they shall forward this same material is practicable, they shall forward this same to the Union's individual member organizations. material to the Union's individual member 29 83
All of the above shall provide the basis for a data organizations.All of the above shall provide the base to be kept up to date by the Executive basis for a data base to be kept up to date by Secretariat, which in turn received, updating it on the Executive Secretariat, which in turn an annual basis. received, updating it on an annual basis.
This chart illustratres the transformation of CAPEL, institution that would no longer be the Executive Secretariat, function for which it has accumulated ample experience through more than two decades, giving continuity to UNIORE’s work. The reform suggests that activities currently undertaken by the Executive Secretariat are developed by member electoral bodies themselves, without consideration to the extraordinary workload and potential investment that would have to be made for those purposes. Moreover, it must be highlighted that the strengthening of the Presidnecy of the Coordination and Follow-up Committee, in charge of the Pro Tempore Presidency of UNIORE, goes against of that stated in the fourth clause of the Constitutive Act of the Union, in which the superior authority is deposited in the Conference.
2.- According to the fifth clause of the Constitutive Act, first paragraph, resolutions and agreements by the Extraordinary Meeting– the superior decision making instance within the Union, as stated in clause fourth of the same document – will be taken by consensus.
3. - Second paragraph of fifth clause also states that each Electoral Body will have one vote, independently of the number of their representatives.
4. - The Constitutive Act does not reconcile nor bring together the voting mechanism with consensus in any other clause.
5. - Some international law references on consensus as decision making mechanism include the following: a.. Within the context of the World Trade Organization, the Dispute Settlement Understanding, Article 2.4, provides that “where the rules and procedures of this Understanding provide for the 30 84
DSB to take a decision, it shall do so by consensus”. In an explanatory note, in the same document it explains that “the DSB shall be deemed to have decided by consensus on a matter submitted for its consideration, if no Member, present at the meeting of the DSB when the decision is taken, formally objects to the proposed decision”. b. The definition of consensus as 'the absence of any formal objection' is also found in the 1982 United Nations Convention on the Law of the Sea, Article 161, paragraph 8, section e, where the mechanism for registering formal objections is described under the following procedure:
“For the purposes of subparagraphs (d), (f) and (g), "consensus" means the absence of any formal objection. Within 14 days of the submission of a proposal to the Council, the President of the Council shall determine whether there would be a formal objection to the adoption of the proposal. If the President determines that there would be such an objection, the President shall establish and convene, within three days following such determination, a conciliation committee consisting of not more than nine members of the Council, with the President as chairman, for the purpose of reconciling the differences and producing a proposal which can be adopted by consensus. The committee shall work expeditiously and report to the Council within 14 days following its establishment. If the committee is unable to recommend a proposal which can be adopted by consensus, it shall set out in its report the grounds on which the proposal is being opposed. ” c. In the case of regional organizations with electoral activities, the Organization for Security and Cooperation in Europe (OSCE), states in its Rules of Procedure (MC.DOC/1/06), Section II of the process of decision-making bodies and informal, on general Provisions Section A, paragraph 2, that "choices of the OSCE decision-making bodies shall be adopted by agreement. Consensus should be understood as the absence of any objection expressed by a country participating in the implementation of the decision in question. "
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6. - The charter of the Tikal Protocol, which congregates Electoral Bodies of Central America and the Caribbean, that are part of UNIORE, do not make any reference to its decision-making mechanism.
7. - The charter of Quito Protocol, which groups Electoral Bodies of South America, who are part of UNIORE, suggest in Article 5 that "the resolutions and decisions of the Conference shall be taken by consensus”.
8.- For previous reasons, and in keeping with the collegiate decision-making of UNIORE, stated in its Charter and in the quoted Protocols, consensus is interpreted as the absence of formal objections in its superior decision-making body. i.e. the Conference of Member Electoral Bodies.
9. – The underlying assumptions of the reforms and suggested amendments are aimed at a new organizational system for the Executive Secretariat, in which CAPEL would conclude to fulfill its current responsibilities in becoming an advisory and consultant body, without stipulating precise coordination mechanisms with the Conference.
10. - Likewise, it seeks to change the nature of the Coordination and Follow-Up Committee, as well as to provide greater powers to the Directors of the Committee, exercised by the pro témpore presidency.
11. - It is crucial that the Executive Secretariat responsibilities remain in a stable body, not subject to the will of the pro témpore presidency and that the Executive Secretary remains responsible to the Conference.
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INSTITUTIONAL POSITION
I. On the agreements taken during the Extraordinary Meeting
A. Presentation of the Working Group for the foundation of the World Association of Electoral Organizations (A-WEB)
The Electoral Court of the Federal Judiciary takes note of the initiative for the establishment of the World Association of Electoral Organizations (A-WEB).
Furthermore, the Electoral Court considers it positive to observe this process in order to understand its method, and to assess the opportunity of accompanying it.
B. Reform Proposal of the Constitutive Act, suggested by the Electoral Qualifying Court of Chile, to limit the number of electoral bodies represented in the Union, to three by country.
1. – In line with the fourth clause of UNIORE’s Constitutive Act, which states that decisions and resolutions by the Conference shall be taken by consensus and that each electoral body will have one vote in the Union, regardless the number of representatives attending the meeting, corresponding which vote to whom presides the corresponding Delegation:
• The Electoral Court of the Federal Judiciary of Mexico, endorses the proposal of the Electoral Court of Chile to limit to three the number of member electoral bodies by country, following the principle of equal representation contained in Clause Four and
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aiming to balance plurality and specialization that UNIORE has been pushing since its foundation.
II. Pending issues on the agenda from the Extraordinary Meeting
A. Information and knowledge of new entry requests to UNIORE: application of the National Electoral Directorate of Argentina
1. – This jurisdictional body, the TEPJF, representative of Mexico, determines to respect the position of a member electoral body that objects an application for membership origined in its own country, such as the position of the National Electoral Chamber of Argentina towards the application for membership by the National Electoral Directorate of Argentina.
2. - The Electoral Court of the Federal Judiciary, in line with the independence, autonomy and specialization of electoral bodies that has made important progress during the last two decades in the region and abiding to the requirement of consensus in the decision making process at UNIORE, opposes to the incorporation to UNIORE of the National Electoral Directorate of Argentina.
B. Take note of working arrangements and cooperation with the following organizations:
1.- The Electoral Court of the Federal Judiciary requests to the Exexutive Secretariat to highlight the consultative nature of the Memorandums, Agreements and other documents presented to the Conference, being the latter the sole authority legally entitled to authorize contents of legally binding documents and other commitments adopted by UNIORE towards other entities.
2.- The Executive Secretariat is also requested to present relevant documentation or explanatory notes deemed necessary to explain the operation methodologies and benefits
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entailed to the adoption of the Cooperation Framework Agreement with the Organization of American States (OAS) and the Memorandum of Understanding with International IDEA, as well as to the subscription to the Latinobarometer of the Americas.
3.- It should be noted that this topic shall be discussed within the agenda for the next meeting and, in order to do so, the Executive Secretariat must take into account that the agenda should be circulated as early as possible, according to the Constitutive Act of UNIORE (Sixth Clause).
C. Presentation of the Action Plan in the framework of the "Report on the conference of the Working Group of UNIORE (Mexico, 13 and 14 July 2011)".
1.- The Electoral Court of the Federal Judiciary takes note of the Plan of Action circulated by the Executive Secretariat, for the information of electoral bodies that comprise UNIORE and requests that all documents and inputs produced by the Working Group established by agreement of the X Conference of the Union are incorporated, acknowledging their legality.
D. Discussion of UNIORE’s budget
1. - The Electoral Court of the Federal Judiciary explains that to the extent that there is no documentation to support this issue, the topic cannot be discussed, following what is stated in the Constitutive Act (Fourth Clause).
E. Knowledge of the Protocol proposal of the Electoral Accompaniment of UNIORE for electoral missions.
1.- The Electoral Court of the Federal Judiciary takes note of a document circulated by the Executive Secretariat with regard a new proposal on protocol for electoral observation, for the information of electoral bodie that comprise UNIORE and requests the acknowledgment of the legality of documents and inputs produced by the Working Group established by agreement of the X Conference of the Union.
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F. Suggested Amendment to Articles of Incorporation of the American Union of Electoral Organizations. 1.- The Electoral Court of the Federal Judiciary declares itself in favor of unrestricted respect to consensus as the decision making mechanism within UNIORE, as follows from the Fifth Clause of its Constitutive Act.
2.- The Electoral Court of the Federal Judiciary declares itself in favor of continuity and seize upon accumulated experience and specialization of CAPEL, in its capacity as Executive Secretariat, acknowledging the need to strengthen participation from all electoral bodies that take part of UNIORE.
3.- The Electoral Court of the Federal Judiciary declares itself in favor of building a broad consensus between electoral bodies that are members of UNIORE, exploring reforms that aim to enhance the structure, functioning and working methodology with CAPEL, in its capacity as Executive Secretariat of UNIORE, in order to guarantee stability and continuity of its responsibilities, all of which shall contribute to strengthening members of UNIORE.
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3. GENERAL OBSERVATIONS TO DOCUMENTS FILED IN THE EXTRAORDINARY MEETIN OF UNIORE IN ECUADOR, FEBRUARY 2013
3. H. NATIONAL ELECTIONS CHAMBER OF ARGENTINA
Received by the Executive Secretariat 04/05/13
91 Judicial Branch of the Nation
Buenos Aires. April 4, 2013.-
To the Presidency of the
Inter-American Union of
Electoral Organisms
(UNIORE)
S / D:
I am pleased to address Mr. President of the Central Electoral Board of the Dominican Republic, Dr. Roberto Rosario Marquez, as well as Mr. President of the Superior Electoral Tribunal of the Dominican Republic, Dr. Mariano A. Rodriguez Rijo. In my capacity as President of the National Elections Chamber of the Republic of Argentina, I address you in regards to the presentations of Electoral Organisms that were sent by the UNIORE’s Executive Secretariat, in order to express you the opinion of this Chamber’s members.-
In that regard and concerning this country’s National Electoral Directorate’s request for membership in the UNIORE, as the judges of this Tribunal –highest authority on these matters in the Republic of Argentina (cf. art. 5 of Law 19.108 and its modifications)- we ratify the position expressed in the January 9, 2013’s letter and in the document that was presented in the Extraordinary Meeting in Quito, Ecuador, along with the reasoning it contains.
On the other hand, regarding the work and cooperation agreements with IDEA International, and the Organization of American States with the subscription to the Latinobarometer of the Americas we make the same request that was expressed by the Elections Tribunal of the Judicial Branch of the Federation of Mexico (cf. point B of the Report, Official Letter N TEPJF-P-JALR/033/2013) and by the Federal Electoral Institute of the same country (point II, note of the Presidency of the General Council PC/51/13): to know the work methodologies and the benefits that the Union would expect by adopting
92 such cooperation instruments. Likewise, in relation to the subscription to the Latinobarometer of the Americas, we also think that entry of States that have a Registry of Surveys according to the laws must be taken into account.-
In turn, as for the Action Plan within the framework of the report on the UNIORE ‘s Work Group session, we agree with what point III.2 of the document that the Federal Electoral Institute of Mexico states, as well as with point C of the Electoral Tribunal of the Judicial Branch of the Federation’s report.-
Along these lines, regarding UNIORE’s budget affairs, we agree with the Electoral Tribunal of the Judicial Branch of the Federation of Mexico’s consideration: that these matters are not to be discussed in virtue of the absence of its respective documentation. Thus we agree with the Electoral Federal Institute’s opinion that discussion about the subject must be based on the objectives laid out by the work group of Mexico (point IV, cit. note.).-
In relation to the protocol of electoral accompaniment we adhere to what point V of the document of the Federal Electoral Institute of Mexico and the Electoral Tribunal’s Report state.-
Finally, as for the UNIORE’s Charter Reform, we share both Mexico’s Federal Electoral Institute’s opinion and this country’s Electoral Tribunal of the Judicial Branch’s considerations on this matter.-
Without further ado, I greet Mister Presidents with utmost regard.-
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4. KNOWLEDGE ABOUT NEW REQUESTS TO ENTER UNIORE
4. I. NATIONAL ELECTORAL DIRECTORATE OF ARGENTINA
94 4. KNOWLEDGE ABOUT NEW REQUESTS FOR MEMBERSHIP INTO THE UNIORE
4. H. NATIONAL ELECTORAL DIRECTORATE OF ARGENTINA
Dr. Alejandro Tullio
I greet Mr. President of the Central Electoral Board of the Dominican Republic, D. Roberto Rosario Marquez, and through him I greet the election bodies’ authorities who are members of the INTER-AMERICAN UNION OF ELECTORAL ORGANISMS – UNIORE.
First and foremost, I want to highlight the worth that the organism I am in charge of sees in the boost that Mr. President has given the Union, continuing the efforts made by the Presidencies of Mexico and El Salvador, broadening institutional horizons and giving greater attention to election bodies in the Americas.
In this sense, taking into account the institutional changes in the National Electoral Directorate’s within an Electoral Legislation framework, and understanding that the chance for this exceptional forum to consider membership of this entity may have arrived, I express my hope that it can become concrete in the following date.
In this regards, I must inform that the National Electoral Directorate, besides being a body that cooperates with the National Electoral Justice on logistic, financial and electoral organization matters, own and exclusive competences have been conferred to it regarding political party and electoral campaign funding, and administration of the new system of electoral campaign spaces.
Committed to add to your efforts towards strengthening the quality of political and electoral processes in our own countries, I extend my greetings and utmost consideration,
Dr. Alejandro Tullio
National Electoral Director
Buenos Aires. December 26, 2012.
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5. KNOWLEDGE ABOUT WORK AND COOPERATION AGREEMENTS
5. J. FRAMEWORK COOPERATION AGREEMENT BETWEEN OAS-UNIORE
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FRAMEWORK COOPERATION AGREEMENT BETWEEN THE SECRETARY GENERAL OF THE ORGANIZATION OF AMERICAN STATES AND THE INTER-AMERICAN UNION OF ELECTORAL ORGANISMS
The Secretary General of the Organization of American States (from this point on, the SG/OAS), an international organization of a public character, with headquarters in 1889 F Street, N.W., Washington, D.C. 20006, represented by the el Secretary-General, Mr. José Miguel Insulza, and the Inter-American Union of Electoral Organisms (UNIORE), a non-governmental entity with headquarters in :::::::::::, representing the President Pro Tempore of the electoral organisms of the Dominican Republic for the 2012-2014 period, by Doctors Roberto Rosario Márquez, President of the Central Electoral Board, and Mariano Américo Rodríguez, President of the Superior Electoral Tribunal
CONSIDERING:
That in accordance with Article 2(b) of the Charter of the Organization of American States (OAS), one of the essential intentions of the OAS is “To promote and consolidate representative democracy while respecting the principle of non-intervention”;
That in accordance with Article 3(d) of the Charter of the OAS “The solidarity of the American States and the high goals that are pursued through it require their political organization to be based on the effective exercise of representative democracy”;
That in accordance with the Plan of Action of Québec and as a result of the Third Summit of the Americas (Québec, Canada, April 2001), the Heads of State and of Government decided that they would: “Continue to strengthen the electoral mechanisms, using information and communication technologies, whenever possible, in order to effectively guarantee the impartiality, promptness and Independence of the institutions, tribunals and other entities that are responsible for organizing, supervising and verifying elections, both at the national and local level; and to strengthen and facilitate -with the support of the Organization of the American States (OAS) and other regional and international organisms- hemispheric cooperation and exchange of experiences in relation to legislation and technology in these areas, as well as the sending of electoral observers whenever this is requested”;
That in accordance with Article 26 of the Inter-American Democratic Charter “the OAS will continue to develop programs and activities for promoting democratic principles and practices. It will also continue to strengthen the democratic culture in the Hemisphere, taking into consideration that democracy is a system of life based on freedom and on peoples’ economic, social and cultural improvement. The OAS will continue holding consultancies and providing continuous cooperation to the Member States, taking into account contributions of civil society organizations that work in these fields”;
That in virtue of Article 27 of the Inter-American Democratic Charter “The programs and activities will focus on promoting governability, good management practices, democratic values and the strengthening of political Institutionality and of civil society organizations. Special attention will be given to childhood and youth as a way of assuring the permanence of democratic values, including freedom and social justice”;
That the Resolution GA/RES. 2337 (XXXVII-O/07), approved by the OAS General Assembly in the fourth plenary session (which took place on June 5, 2007), highlights the OAS’ decisive contribution through three electoral observation missions, advisory and assistance. It also highlights that elections were held, as well as the strengthening and development of institutions and of Member States’ electoral processes. It also puts the Secretary General (through its sub-Secretary of Political Affairs) in charge of stimulating, to a greater degree, the creation of horizontal cooperation mechanisms for the organization of electoral processes, including the incorporation of new Draft Proposal for Agreement with the OAS
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technologies, in order to assist the Member States that request so;
That the Inter-American Union of Electoral Organisms (UNIORE) was created with attention to the aspirations that were manifested in the Agreements that were signed during the V and VI conferences of the Protocol of Tikal, in the Articles of Incorporation of the Protocol of Quito and in the “Declaration of Caracas”, which resulted from the II Conference of this Association, in order to integrate both Associations of Electoral Organisms in one structure of inter-American character and which took place in Caracas, Venezuela, during a Joint Reunion whose objective was to create an Inter-American Union of Electoral Organisms that would serve as a higher space of encounter;
That the following fall within the UNIORE’s objectives:
* To increase cooperation between the Associations that make up the Union, as well as between the Electoral Organisms that form part of the Union. * To promote the Exchange of information related to electoral regimes. * To stimulate the participation of the representatives of the member Electoral Organisms as observers during the electoral processes. * To create general recommendations for the Union’s member Organisms * To promote secure, efficient and democratic electoral systems that guarantee free, universal and secret voting. * To provide support and assistance (to the extent allowed by available resources) to the Electoral Organisms that request so.
That the Superior Organ UNIORE is the Inter-American Conference of Electoral Organisms. This organ is composed by the representatives of each one of these electoral organisms.
That the SG/OAS is the central and permanent organ of the Organization of American States (OAS) and that it has the faculty to establish and promote cooperation relations in accordance with the Article 112 (h) of the Charter of the OAS and to its General Assembly’s Resolution GA/RES. 57 (I- O/71),
HAVE AGREED TO, in signing this Agreement, that:
ARTICLE I OBJECT
1.1. The object of this Agreement is to create a framework for cooperation between “The Parties”.
ARTICLE II ADVISORY, EXCHANGE OF INFORMATION AND ATTENDANCE TO MEETINGS
2.1. The SG-OAS and UNIORE commit to the following:
a . To disseminate information about the objectives and activities that will be carried out by its members and other institutions with which it has relations in a joint manner;
b. To exchange publications and documentation of affairs related to the joint programs, projects and activities, as well as other information about programs of mutual interest;
c. To propose programs, projects or activities on specific themes related to electoral observation, quality of the elections and electoral participation to be carried out; Draft Proposal for Agreement with the OAS
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d. To send invitations for participating in meetings organized by the parties involved in electoral affairs and for other events of common interest; and
e. To provide mutual cooperation for themes related to training OAS and UNIORE member States (in areas considered in this Agreement), in accordance with mandates that have been established in both institutions and to the extent allowed by the available financial resources.
ARTICLE III SPECIAL RELATIONS FOR COOPERATION
3.1. The parties will consider developing special relations of cooperation in areas of mutual interest through supplementary agreements, memorandums of understanding or by exchanging charters, among which the following will be taken into account:
a. The development and implementation of cooperation projects and/or joint research;
b. The exchange of bibliographic material and access to data bases and to general information, to the extent allowed by the available financial resources and by their restrictions of confidentiality;
c. Exchange of documents and specific information related to the parties’ work programs that are of interest to both parties, to the extent allowed by the available financial resources and by their restrictions of confidentiality;
d. The exchange of professional staff for strengthening research and study programs, within the realm of institutional possibilities; and
e. Joint meetings in order to deal with affairs of common interest.
3.2. The supplementary agreements, memorandums of understanding and the charters will be ruled by that which has been stipulated in this Agreement, unless the parties expressly modify it through these instruments.
ARTICLE IV IDENTIFICATION AND IMPLEMENTATION OF JOINT PROGRAMS, PROJECTS AND/OR ACTIVITIES
4.1. Once a year, on a date to be determined, each party will present a written document that contains the work program for the current calendar year.
4.2. Such mentioned work programs will include proposals for the joint execution of programs, projects and/or activities of common interest.
4.3. Once the parties have reached a decision regarding what the programs, projects and/or activities to be executed will be, and once they have obtained authorization and respective funding, the parties will hold an exchange of charters containing the terms and conditions that apply to such programs and/or activities. Each exchange of charters will have to be signed by the duly authorized party representatives and must specify, in a detailed manner, the following aspects, among others:
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a. Denomination of the agreed program, project and/or activity;
b. Definition of pursued objectives;
c. Branches of each one of the parties that will be in charge of carrying out the program, project or activity;
d. Description of the work plan: phases, planning and chronology for its development;
e. The budget for the program, project and/or activity, as well as the required human and material resources, specifying the financial responsibilities and contributions of each party (indicating their nature and amount), the calendar for the contributions and, in their case, the property of the acquired material resources;
f. Arrangements related to coordination, notifications and follow-up of the program, project and/or activity; and
g. A document that gives formal recognition to this Agreement as the programmatic and juridical framework for the program, project and/or activity.
ARTICLE V FINANCIAL DISPOSITION
5.1. Without any prejudice to what the parties state in the supplementary agreements, memorandums of understanding and/or in the exchange of charters subscribed to in virtue of this Agreement and for the joint implementation of programs, projects and/or activities, this Agreement, on its own, does not imply any obligations of financial nature to “The Parties”.
ARTICLE VI COORDINATION AND NOTIFICATIONS
6.1. According to this Agreement, the branch within the SG/OAS that is responsible for coordinating the SG/OAS activities is the Department for Electoral Cooperation and Observation (DECO) and its Coordinator, Dr. Betilde Muñoz- Pogossian, Temporary Director. The notifications and communications must be addressed to this Coordinator to the following address, fax and electronic mail:
Secretary General of the OAS Dr. Betilde Muñoz-Pogossian 1889 F Street, N.W. Washington, D.C. 20006 United States of America Tel.: (1-202) 458-3946 Fax: (1-202) 458-6299 Electronic mail: [email protected]
6.2. The branch within the UNIORE that is in charge of this is the Office of the Presidency and its President, Dr. Roberto Rosario Márquez. The notifications and communications must be sent to this Presidency to the following address, telephone number, fax and electronic mail:
Inter-American Union of Electoral Organisms Dr. Roberto Rosario Márquez
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COMPLETAR Dirección Tel.: :::::::: Fax: :::::::: Correo electrónico: ::::::::
6.3. All communications and notifications that derive from this Agreement will only be valid when are sent via mail, fax or electronic mail, and must be sent directly to the Coordinators to the addresses that have been previously stated in this article. In the case of communications and notifications sent via electronic mail, these will only be valid when sent directly from one of the party’s Coordinator’s electronic address to the other party’s Coordinator’s electronic address.
6.4. Any of the parties will be able to change the branch in charge, as well as the appointed Coordinator, the address, telephone number, and fax or indicated electronic mail, and must notify the other “Party” in written form.
ARTICLE VII PRIVILEDGES AND IMMUNITIES
7.1. None of this Agreement’s dispositions constitute an express or tacit renunciation of the privileges and immunities enjoyed by the OAS, its organs, staff, assets and income, as established in the Articles 133, 134 and 136 of the Charter of the OAS, and in the agreements and laws on this matter, as well as in the principles and practices that inspire international law.
ARTICLE VIII CONFLICT RESOLUTION
8.1. Any conflict regarding the application or interpretation of this Agreement or of the supplementary agreements, memorandums of understanding or of the exchange of charters must be resolved through direct negotiation between “The Parties”. If unable to reach a solution that satisfies both parties, these will bring up their differences to an arbitration procedure in accordance to the currently in force Arbitration Regulations of the United Nations Commission for International Trade Law (UNCITRAL) or of the Inter-American Commission of Commercial Arbitration (CIAC). The location for the arbitration will be the city of Washington, D.C. The arbitration process will be carried out in English and in Spanish, simultaneously. The three arbitrators, or the only arbitrator, if the case is so, will be able to solve the controversy as an amiable compositeur or as an ex aequo et bono. The arbitrator’s decision will be final, unappealable and mandatory.
8.2. This document does not constitute an express or tacit renunciation of the privileges and immunities that are mentioned in this Agreement’s Article VII.
ARTICLE IX INVOLVED OFFICIALS, EXPERTS AND PERSONNEL
9.1. The personnel that each one of “The Parties” has appointed to be in charge of carrying out the activities or tasks included in or derived from the instrument they subscribe to will work under the direction and dependency of the institution to which they belong. Work-related relations with another institution will not be created under any circumstance.
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ARTICLE X GENERAL PROVISIONS
10.1. “The Parties” commit to adhere to the highest ethical standards and to those related to administrative transparency for all actions and activities related to this Agreement. Likewise, the SG/OAS (to the extent of its applicability and without any prejudice to its privileges and immunities, as mentioned in Article VII) commits to abide to what has been stated in the Inter-American Convention Against Corruption and to the applicable laws of the country in which the programs, projects and/or activities are carried out. Any breach of or failure to comply with this statement will be sufficient cause for an advanced termination of this Agreement, this being an application of what has been stated in Article 10.4.
10.2 Modifications to this Agreement can only be done if they are in written and under mutual agreement by the duly authorized representatives of the parties. The modifications will be added as annexes to this Agreement and will become a part of it.
10.3. This Agreement will come into force once “The Parties’” duly authorized representatives sign it, remaining effective in accordance to what has been stated in this document.
10.4 This Agreement may be terminated by mutual consent or it may be terminated by any of “The Parties” through a written notification sent to the other one with no less than thirty days in advance.
Nevertheless, the termination of this Agreement will not affect the supplementary agreements, memorandums of understanding and exchange of charters that “The Parties” may have signed for the implementation of programs, projects and/or activities that are being respectively funded. These will continue being effective in accordance with the period stated, unless “The Parties” decide otherwise.
10.5. Articles VII and VIII will continue being effective beyond the expiration or termination of this Agreement.
IN WITNESS WHEREOF, the duly authorized representatives of the parties sign this Agreement en two original, equally valid papers, in :::::::, the :::: of :::: 2013.
BY THE SECRETARY GENERAL OF THE BY THE INTER-AMERICAN UNION OF ORGANIZATION OF AMERICAN ELECTORAL ORGANISMS: STATES:
_ José Miguel Insulza Secretary-General
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5. KNOWLEDGE ABOUT WORK AND COOPERATION AGREEMENTS
5. K. MEMORANDUM OF UNDERSTANDING BETWEEN IDEA-UNIORE
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MEMORANDUM OF UNDERSTANDING BETWEEN THE INTERNATIONAL INSTITUTE FOR DEMOCRACY AND ELECTORAL ASSISTANCE (IDEA International) AND THE INTER-AMERICAN UNION OF ELECTORAL ORGANISMS (UNIORE)
THE PARTIES in this Memorandum of Understanding (MoU), the International Institute for Democracy and Electoral Assistance (IDEA International) (from this point on, “IDEA International”), which is an inter-governmental organization with headquarters in Stromsburg, S- 103 34, Stockholm, Sweden, and the Inter- American Union of Electoral Organisms (from this point on, “THE UNIORE”), a non-governmental entity whose decisions take the form of recommendations and of guidance for the organisms that compose it. Its Presidency is currently composed up by the electoral organisms of the Dominican Republic (from this point on, “The Parties”).
DECLARATIONS
CONSIDERING that “IDEA International” is an inter-governmental organization that supports sustainable democracy throughout the world by improving and consolidating the electoral processes, as well as by providing comparative knowledge and a forum for discussion and action on behalf of individuals and organizations that are committed to the development of democracy and to providing assistance for reform processes.
CONSIDERING that “THE UNIORE” is a non-governmental entity whose objectives are: to increase cooperation between associations of the electoral organisms that compose it and between the organisms themselves; to promote the exchange of information related to electoral regimes; to stimulate training processes for the representatives of the member organisms regarding observation of electoral processes; to create general recommendations for the Union’s member organisms; to promote secure, efficient and democratic electoral systems that guarantee free, universal and secret voting processes; to provide support and assistance, to the extent that available resources allow for, to the organisms that request it.
AFFIRMING the importance of coordinating efforts on behalf of both Parties in order to accomplish their common objectives, the desire for attaining mutual benefits and of developing their dialogue and cooperation in areas of common interest:
They have agreed on the following:
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ARTICLE I OBJECT
The object of the present Memorandum is to establish the bases and mechanisms for cooperation, so that “IDEA” can participate with “THE UNIORE” in plans, projects and programs for research, training, exchange of information, technical assistance and support of sustainable democracies through academic and institutional activities, with their respective competencies and organic objectives.
ARTICLE II SCOPE
In order to implement this Memorandum’s objective, “IDEA International” and “THE UNIORE” will create annual plans, projects and specific work programs that will include: a) Research. b) Training. c) Advisory and technical assistance. d) Celebration of cycles of conferences, colloquiums, seminaries, symposiums, workshops, courses, certification programs and similar activities. e) Diffusion of publications and events. f) Publication of articles and reports about events, as well as co-editions of common interest. g) Other activities that the parties agree on within the framework of this present memorandum.
ARTICLE III THEMES AND SUBSTANTIAL AREAS FOR COOPERATION
In order to fulfill the purpose of this Memorandum of Understanding, “IDEA International” and “THE UNIORE” have agreed to cooperate on the themes established below, as well as on any other area of common interested that may be defined in the future, for example, the following:
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a) Developing and strengthening democratic institutions and the electoral organisms. b) Transparency and efficiency of electoral processes. c) Electoral observation. d) Affairs related to funding and audit findings, as well as to equity in electoral competitions. e) Gender equality and women’s access to political participation in electoral processes.
ARTICLE IV ANNUAL WORK PLAN
The Annual Work Plan, the projects and specific programs that the parties carry out in order to execute the previously mentioned themes and work areas will be prepared by the Technical Commission, whose make-up and tasks are described in Article IX of this instrument. These will be signed by those subscribe to this present memorandum; they will be a part of it and will have to contain the following: a) Objectives b) Schedule of activities c) Necessary human, technical, material and financial resources d) Place in which the activities will take place e) Expected results f) Activities for teaching, research, advisory, technical assistance and training g) Publication of results and diffusion of information about activities h) Responsible individuals or entities i) Evaluation activities j) Specific commitments in relation to intellectual property k) Any additional ones that The Parties agree on
ARTICLE V MODALITIES
This Memorandum of Understanding will provide a framework for inter-institutional work and for cooperation between “IDEA International” and “THE UNIORE”. It will also include the following modalities as means for carrying out this form of cooperation between the parties:
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Whenever adequate, they will invite each other to participate in meetings about affairs of common interested and will send representatives of their respective entities to these, in order for them to be in line with their corresponding rules and procedures. They will be able to invite third institutions to cooperate in the projects and programs.
They must carry out annual consultancies. They will also have to prepare a written Annual Work Plan that specifies the projects and programs for the activities that will be carried out throughout the year, along with the appropriate entities and persons for executing them. A revision of the Work Plan will have to take place towards the end of the respective calendar year, in order to evaluate its advancements, as well as to create an executive report and make recommendations on necessary adjustments for the following year.
Bilateral consultancy meetings will be organized whenever necessary and within the context of the execution of joint projects and programs.
Within the context of their joint cooperation activities, they must make efforts to exchange information about past experiences and best practice in all areas of mutual interest.
ARTICLE VI FINANCIAL OBLIGATIONS AND ABIDANCE TO ORIGINAL AGREEMENTS
This Memorandum of Understanding does not impose generic financial obligations on any of the parties. None of this Memorandum’s clauses will constitute an abstract commitment by any of the parties regarding financial contributions for carrying out this Memorandum’s foreseen activities.
The financial obligations in which the parties incur, as a result of the annual work plans and projects, as well as of specific cooperation programs that result from this Memorandum will be subject to the decisions taken by its respective regulatory entities and availability of funds, as well as to the respective financial and budget regulations.
ARTICLE VII FOCAL POINTS
The UNIORE, through its President, and IDEA International, through its Regional Director, will be the designated persons/entities in charge of coordinating this
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MoU. They will receive all informative communication regarding this Memorandum’s foreseen affairs.
All notifications and communications must be sent to the previously mentioned coordinators to the following addresses:
IDEA International La UNIORE
Director Regional para Presidente (¿?) América Latina y El Caribe Av. 27 de febrero Apartado 244-1017 Esq. Av. Luperón “San José 2000” Santo Domingo, San José, Costa Rica República Dominicana Teléfonos: (506) 228-85244, Teléfonos: (809) 539-5419 (506) 222-88140 correo electrónico………… Fax: (506) 228-80267 Correo electrónico: [email protected]
All communications and notifications that derive from this Memorandum will only be valid when sent via mail, fax or electronic mail, and when sent to the addresses as previously indicated in this document. The communications and notifications that are sent via electronic mail will be valid as long as they are sent from the electronic address of one entity’s Coordinator to the other entity’s Coordinator’s address.
Any of the parties will be able to change the responsible dependency, the designated Coordinator, as well as the indicated address, telephone and fax numbers, or electronic mail, and this must be notified to the other Party in writing.
ARTICLE VIII INTELLECTUAL PROPERTY
The Parties agree that various kinds of publications (including studies, diagnostics and pamphlets, among others, as well as co-productions that result from this Memorandum) and their diffusion will be done under mutual agreement, always giving the corresponding credit to the parties that created them.
In the case of jointly generated papers in which there is no way to determine the degree of participation by each party, ownership of intellectual property will correspond to all parties in a condition of equality, giving due acknowledgement to those who were involved in their creation.
The parties will be able to use the results obtained from activities enshrined by the present instrument in the development of their respective tasks.
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The intellectual property rights (“Copyright”) of all new material developed from this Memorandum, including electronic content and that which is stored in its computer, will be shared property between the parties in each one of the legal jurisdictions around the world and to the highest degree that the law permits in each one of such legal jurisdictions during the entire period of the property rights, taking all renovations and extensions of that period into account.
The following is excluded from the previous: material provided by “IDEA International” or “THE UNIORE” that was exclusively developed by any of the parties as part of their books and publications, and that has been published in their Websites. The Property Rights of this mentioned material will be exclusively of the Party that created it.
All electronic versions under this MoU must be authorized under a Creative Commons license (Creative Commons Attribute-NonCommercial-ShareAlike 3.0 Unported license). The license will allow others to make copies, distribute or exhibit the publications, as long as it is done without commercial or for-profit purposes and as long as they give the required credit to the source and as long as they distribute the derivative work under only one license that is identical to the adopted Created Commons license. This license is applied globally and is irrevocable.
None of the parties can use the brand, logotype or emblem of the other institution in publications or programs without having been authorized to do so or unless The Parties have made an explicit agreement about it.
ARTICLE IX CONFLICT RESOLUTION
Any difference arising from the interpretation of the applications of the present Memorandum, as well as from its Specific Agreements, will be resolved by the parties through mutual agreement and direct negotiations between the representatives they designate for such purpose.
ARTICLE X CORRECTIONS
This Memorandum of Understanding can be modified with previous express consent and signed by the representatives, who will have to do so under authorization of each one of The Parties. Any correction will have to be notified in
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writing and the instruments that these express must be annexed in order for them to be considered a central part of the Memorandum.
ARTICLE XI
PRIVILEDGES AND IMMUNITIES
Each party gives the other the privileges and immunities that may apply according to agreements on this and according to the general principles of International Law.
In no case does this Memorandum of Understanding constitute an explicit or implicit renunciation of the privileges and immunities of IDEA International, its staff and its assets, in accordance to the pertinent agreements and according to the principles and general practices of International Law.
Likewise, this Memorandum of Understanding does not constitute an explicit or implicit renunciation of the privileges and immunities of THE UNIORE, its staff and its assets, in accordance to the pertinent agreements and according to the principles and general practices of International Law.
ARTICLE XII VALIDITY AND TERMINATION
The present Memorandum will become effective as soon as this agreement is signed and will be in force indefinitely.
This Memorandum of Understanding can be terminated by mutual consent or by any of The Parties through a written note to the other Party with no less than three months in advance. However, the termination of the MoU will not affect the effective status of the activities and projects that have been properly funded before the termination date. The conclusion of these agreements on behalf of any of The Parties will not affect irrevocable obligations that have been assumed by THE UNIORE or IDEA International regarding activities and projects previous to the notification of termination.
The signers participate in the representation that they subscribed, with the authority conferred by their respective positions. They reciprocally acknowledge the capacity and authentication for conferring and signing this Memorandum of Understanding.
IN WITNESS WHEREOF, The Parties, by means of their duly authorized representatives, sign the present Memorandum of Understanding in four originals, at the place and date indicated below.
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Signed on…, the … of … 2012, in five copies in the Spanish language and five in English, all texts being equally authentic.
BY “IDEA International”
______Dr. Daniel Zovatto Regional Director for Latin America and the Caribbean
BY THE PRESIDENCY OF “THE UNIORE”
Dr. Roberto Rosario Márquez Dr. Mariano Américo Rodríguez President of the President of the Central Electoral Board Superior Electoral Tribunal
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5. KNOWLEDGE ABOUT WORK AND COOPERATION AGREEMENTS
5. L. SUMMARY OF THE LATINOBAROMETRO PROJECT
112 SUMMARY OF THE LATINOBAROMETRO PROJECT
1. INTRODUCTION
LATINOBARÓMETRO is an annual survey of public opinion based on representative samples of each country and which administers an identical questionnaire with a methodological and technical unit that provides representative opinions, attitudes, behaviors, and values of 18 Latin American countries. The study represents a 600- million population.
CORPORACIÓN LATINOBARÓMETRO, responsible for implementing the project, has headquarters in Santiago, Chile, and from a legal point of view, is a non-profit corporation under private law.
An opinion barometer is a multinational study with a structured set of variables that follows the transformation process of society in an ongoing manner. It is a survey that reflects the evolution of society and which objective is to provide useful data to social, political, economic, and academic actors who seek to observe and explain their societies and guide their actions better.
The LATINOBARÓMETRO study observes and produces indicators of public opinion about every aspect of the life of a nation that might be of interest for States, governments, public institutions, civil society actors, and international, national, and academic institutions. The target audience of the study includes social, political, economic, and academic actors and institutions in the region. The basis of the study is scientific and uses the most modern methodology of social sciences. The main topics are democracy, state of the ec0nomy, social development of countries, and regional integration efforts.
2. OBJECTIVES
a.- Main Objective
The main objective is to consolidate it as a regional opinion monitoring tool with multiple financing by all those who will use the information.
b.- Specific Objectives
Latinobarometro de Las Americas Project – Paper delivered during UNIORE Extraordinary Meeting on February 13, 2013 Page | 1 113 Conduct a public debate that will allow a permanent analysis of the results of the surveys conducted in 18 countries. Consolidate the dissemination of the project and access data through the website, as to consolidate its use by the political and social actors in the region. Agree on periodic publications in alliance with prestigious academic institutions. Provide support to public policy decisions in the region. Contribute to the development of public opinion and empirical methodology research and establish quality standards.
3. PROPOSAL TO UNIORE MEMBERS
This proposal incorporates (ELECTORAL BODY) in the key activities of the study herein described: on the one hand, the body developing the questionnaire, and on the other hand, the main milestones of dissemination.
The proposal also includes the development of a “Report of (specific country) for 1995- 2013” with an annual publication as of 2013 and an annual thematic report.
Moreover, the proposal includes presentations to the political and social actors in (SPECIFIC COUNTRY).
4. DISSEMINATION
One of the main objectives of the project is the dissemination among political and social actors as an independent tool that monitors society and its political system.
The dissemination activities are as follows:
4.1 Publication of the Annual Latinobarómetro Report
Every year, different types of reports are developed, besides the annual report, and which are all available at www.latinobarometro.org. They are:
i. Annual Report: To publish the annual Latinobarómetro Report, a press conference is held in Santiago, Chile, where different media of the region cover the dissemination of the data. This activity is held on a Friday at 10.30 a.m., while on the previous Thursday evening, "The Economist" publishes an exclusive report including the data published in this report on the same day. This press conference is intended to be also simultaneously held jointly with IFE in Mexico City.
Latinobarometro de Las Americas Project – Paper delivered during UNIORE Extraordinary Meeting on February 13, 2013 Page | 2 114 To have a greater impact, the Report is sent based on the mailing list of Latinobarómetro to over 3,000 subscribers. The donors of Latinobarómetro receive a copy of the annual Report the day before of the press conference. There is a constant dissemination through different audiovisual media across the region. Furthermore, radio stations and TV channels with global broadcasts are interviewed.
ii. Flash Report iii. Report on Specific Topics iv. Country Report v. Sub-Regional Report.
The Report on (MEMBER COUNTRY OF THE ELECTORAL BODY) intends to include a new line of reports on the country(ies) that signs the respective Agreement.
1. Annual Report (MEMBER COUNTRY OF THE ELECTORAL BODY)
First, we plan to include an annual report on MEMBER COUNTRY OF THE ELECTORAL BODY that will provide an analysis from 1995 to 2013 of all the existing data of the topics covered by the 2013 questionnaire. This report will have an Internet version that could be downloaded by anybody around the world, but there will also be a version printed by a national publishing house. The Internet version will comply with the regulations of the publishing house.
2. Thematic Report
Second, we are proposing to develop a thematic report on the most significant topic of the questionnaire or the existing circumstances and having the MEMBER COUNTRY OF THE ELECTORAL BODY as the focus of a comparison with the rest of the region. At the beginning, this second report could have just an Internet version. These thematic reports can be collected over the years for a biannual publication, for instance.
4.2 Data Access through the Website at www.latinobarometro.org
The Internet-based dissemination has made significant advances.
From 2007 to 2011, we have had a total of 1,522,380 hits1 in the website. The general evolution of the hits has had a five-fold increase from 2007 to 2011 from 100,000 to over 500,000 hits a year.
1 The hits represent the number of visits to a website. They also account for downloads, online analysis, etc. (each user has access to an unlimited number of pages).
Latinobarometro de Las Americas Project – Paper delivered during UNIORE Extraordinary Meeting on February 13, 2013 Page | 3 115 Latin American Evolution: The total number of hits for the region was increased by 33% in 2011, from 40,760 in 2010 to 54,252 in 2011, which means an increased use in 16 of the 18 countries that participated in the survey. The use of the study in Mexico was increased by 42% from 2010 to 2011, from 11,296 hits to 16.002 hits.
4.3 Press Conferences / Mass Media
When comparing the annual impact, from January 1 to December 31 between 2010 and 2011, a 33% increase in the mass media coverage of Latinobarómetro data was produced.
Dissemination with MEMBER ELECTORAL BODY:
1. The involvement of MEMBER ELECTORAL BODY in our group of donors gives us the opportunity to publish the annual report simultaneously in CAPITAL CITY OF THE COUNTRY OF THE MEMBER ELECTORAL BODY, which is the main dissemination milestone of the annual study.
2. Then, the thematic report can be published in CAPITAL CITY OF THE COUNTRY OF THE MEMBER ELECTORAL BODY.
4.4 Presentations to Different Audiences, Governments, Parliaments, Civil Society, International Organizations
Seminars, congresses, presentations, and conferences are some of the activities in which Latinobarómetro often participates to make its results available.
Data is disseminated among four areas of target audiences:
i. Government ii. Parliament iii. Think Tanks, NGOs, and International Organizations iv. Mass Media
We are proposing to use this proven technique in the region by making presentations of the results compared to COUNTRY OF THE MEMBER ELECTORAL BODY and Latin America with the following target audience as of XXX:
a. Parliament b. Political Parties c. Government
Latinobarometro de Las Americas Project – Paper delivered during UNIORE Extraordinary Meeting on February 13, 2013 Page | 4 116 d. International Organizations and Think Tanks e. Civil Society and Academia
5.- CONTRIBUTION REQUEST
The contribution requested for 2013 for this project includes all the activities herein described that will finance the total amount of the project.
First, the project plans to consult the MEMBER ELECTORAL BODY during the “Questionnaire Table,” that is, the body that defines the contents of the study. Second, the project also plans to have a simultaneous presentation of the annual results with an exclusive publication in “The Economist.” Third, the project proposes a publication plan beginning with a “Report on COUNTRY OF THE MEMBER ELECTORAL BODY for 1995 2013” to be published on an annual basis by a publishing house. Fourth, the project also plans to develop an annual thematic report. And fifth, there will be presentations to the political and social actors in the COUNTRY OF THE MEMBER ELECTORAL BODY.
Latinobarometro de Las Americas Project – Paper delivered during UNIORE Extraordinary Meeting on February 13, 2013 Page | 5 117
6. PRESENTATION OF THE PLAN OF ACTION WITHIN THE FRAMEWORK OF THE “REPORT ON THE UNIORE’S WORK GROUP SESSION” (MEXICO, JULY 13 AND 14 AND NOVEMBER, 2011)”.
6. M. PLAN OF ACTION WITHIN THE FRAMEWORK OF THE “REPORT ON THE UNIORE’S WORK GROUP SESSION”, MEXICO 2011
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REPORT OF THE UNIORE WORK GROUP SESSION (13 and 14 July 2011, in Mexico City)
I. GENERAL CONSIDERATIONS
Part of the agreements reached in the X Conference of the Inter-American Union of Electoral Activities (UNIORE), celebrated in Mérida, Mexico, on November 10th -12th , established that the Presidency of the Union, comprised of the federal electoral authorities of this country, the Federal Electoral Institute (IFE) and the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF), would convene a Work Group which would be responsible for elaborating a diagnostic and a roadmap that may tend to new needs and requirements. These will be presented during the work of the Extraordinary Meeting, which will take place in November, 2011, in order to commemorate the Union´s XX anniversary.
The Conference established that the Work Group would be composed of the Committee for Coordination and Follow-up. According to the Sixth Clause of the Constitutive Act, the Committee is formed by the Presidency of the UNIORE – that is, the IFE and the TEPJF -, the body venue to the next Conference, in this case the Central Electoral Board of the Dominican Republic and the Executive Secretariat.
Moreover, it was agreed that the EMBs that presided over the Tikal and Quito Protocols at the time – the Supreme Electoral Tribunal of Guatemala and the Supreme Electoral Council of Ecuador, respectively - would also take part in the Group Work. The President of the Supreme Electoral Tribunal of El Salvador, Mr. Eugenio Chicas, would also participate, in his condition as outgoing President of the UNIORE; as well as a representative for each of the regions of our continent, having been approved the Federal Electoral Commission of the United States, the Electoral Commission of Jamaica, the Electoral Tribunal of Panama, the National Electoral Council of Venezuela and the Electoral Service of Chile.
According to this, the Presidency of the UNIORE asked the Executive Secretariat to send the corresponding invitations to those that integrate this Work Group, calling them for the session that took place on July 13th and 14th, 2011, in Mexico City. They were later sent the corresponding notification. A copy of this document can be found in Appendix 1.
II. PARTICIPANTS OF THE WORK GROUP
The nine electoral authorities called by the Presidency and the Executive Secretariat of the UNIORE answered positively to the invitation and designated the ones to represent them.
The Work Group participants were:
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ELECTORAL AUTHORITY PARTICIPANT Electoral Service from Chile General Director Juan Ignacio García National Electoral Council of Ecuador Vicepresident Carlos Cortez Supreme Electoral Tribunal of El Salvador President Eugenio Chicas Federal Electoral Commission of the United States Commissioner Ellen Weintraub Electoral Commission of Jamaica Commissioner Herbert Thompson Federal Electoral Institute of Mexico President Councilor Leonardo Valdés Zurita Electoral Tribunal of the Judicial Branch of the President Magistrate María del Carmen Alanis Federation of Mexico Electoral Tribunal of Panama Vicepresident Erasmo Pinilla Central Electoral Board of the Dominican Republic Member José Ángel Aquino Rodríguez National Electoral Council of Venezuela Vicepresident Sandra Oblitas Inter-American Institute of Human Rights - Center Director José Thompson for Electoral Promotion and Assistance
It was established that each member of the Group would have one sea ton the table, in some specific cases the corresponding seats were oocupied by a different officer. The other officers who participated in the session of this Work Group are:
ELECTORAL AUTHORITY PARTICIPANT Chief of Staff – International Affairs Unit Federal Electoral Institute of Mexico Manuel Carrillo Magistrate of the Superior Court Electoral Tribunal of the Judicial Branch of the Pedro Esteban Penagos Federation of Mexico Coordinator of Relationships with Electoral Bodies Héctor Dávalos Director of International Liaisons National Electoral Council of Venezuela Rosaura Sierra Assistant Frank Payares
Finally, the Supreme Electoral Tribunal of Guatemala had confirmed its President Maria Eugenia Villagrán de León‟s attendance; however, she had to cancel her participation due to Force Majeure.
III. DEVELOPMENT OF THE WORK
The agenda followed by the Work Group, which is included in Appendix 2, had four parts. Each of these parts aimed for the members of the Work Group to identify different aspects on the current situation of democracy in the region, as well as the relevance of the UNIORE itself, so that with this input they could produce different roadmap proposals, and thus achieve the Conference mandate.
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With the purpose to offer all participants of the Work Group Session an equality of conditions to express their ideas and reflections, the Presidency of the UNIORE suggested using a technological tool which allowed all the participants to write down all their contributions in a computer while the system published them automatically so the rest of the participants could see it. Likewise, in order to get wider and more inclusive ideas, the participants agreed the possibility to group those comments that had common essence, without eliminating any of the proposed ideas.
The characteristics of the four segments and their results are the following:
A) GENERAL DIAGNOSTIC
The first set of activities was meant for the elaboration of a general diagnostic. In order to identify the challenges, the participants were asked the following question: “What are the main challenges and problems that the electoral authorities in America face up nowadays?” As an answer to these questions, the participants of the Work Group presented 71 challenges and problems, which could be grouped in 26 ideas. These ideas and the corresponding comments can be found in Appendix 3.
After the ideas were listed, the participants of the Work Group prioritized them through the personal selection of nine ideas per participant. After the selection, the nine ideas agreed by the Work Group as the most important one, along with their corresponding problems were:
1. Promoting electoral participation in all its aspects: gender, youth, indigenous population, etc. - Inclusion of vulnerable groups - Citizens‟ disappointment in democracy - Incorporating youths in electoral participation. - Young people‟s abstentionism - Generating inclusión for different sectors (young people, rural population, women, ethnical diversity) in democracy. - Lack of interest and apathy in electoral participation of wide sectors. - Conquering abstentionism, including all sectors and fostering electoral training. - Getting polling booths closer to the voters. - Promoting electoral training from the first educational levels.
2. Impact and benefits of technological developments in electoral processes. - Issues related to technology; resources to get it and training for the voter. - Politicians‟ resistance to the application of new technology. - Voters‟ credibility in the use of technology. - Inclusion of social media. - New technologies for electoral organization; technology for electoral information.
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EXTRAORDINARY MEETING (Mexico City, November 10th and 11th, 2011)
CONCLUSIONS
The representatives of the electoral authorities of Antigua and Barbuda, Argentina, Bolivia, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, United States of America, Uruguay and Venezuela, which attended the Extraordinary Meeting celebrated in Mexico City on November 10th and 11th, 2011, declare the following:
I. The Roadmap and Diagnostic that were made by the Work Group that held a session in Mexico City on July 13th and 14th, 2011, in order to tend to the new needs of the UNIORE, are known and supported. There is wide recognition to the results accomplished.
II. Complementing the document presented by the Work Group, the Plenary of the Extraordinary Meeting puts an emphasis on the next topics:
1. Within the framework of Objective 1 of the Roadmap (an organism that coordinates and runs missions of electoral observation and accompaniment in the American continent, which is referred in other latitudes), the following was stated: A. The elaboration of a Protocol for Electoral Observation Project within the framework of UNIORE, where new themes, modalities of observation and terms are established to carry out the observation missions.
2. Within the framework of Objective 2 of the Roadmap (the UNIORE has become the broadest and most active space to pose initiatives for horizontal cooperation, technical assistance and exchanging of tools among the EMBs of the American continent) , the following was stated: A. The incorporation of electronic publications of the member bodies to the UNIORE’s web site, and their classification.
3. Within the framework of Objective 3 of the Roadmap (an organization of international presence and relevance, that acts as a bridge between similar organizations in the world), the following was stated: A. Redefining and strengthening the role of the Presidency of UNIORE, as well as the coordination and liaison mechanisms with the Executive Secretariat.
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4. Within the framework of Objective 4 of the Roadmap (it has been consolidated as a space for the building of principles and for the reflection on electoral matter in the Americas) in the part that corresponds to “the UNIORE has consolidated itself as a space for electoral doctrine in the Americas”, the following was stated: A. Insisting on the importance of establishing different programs and instances in terms of civic education and civic-electoral training. B. Pointing out the increasing value that electoral jurisprudence has achieved and the value its systematization has.
5. Within the framework of Objective 5 of the Roadmap (to be a self-sustainable entity through agreed sources of financing and member’s contributions), the following was stated: A. Integrating a Commission that studies different formulas to ensure sustainable financing for the UNIORE, including fee diversity, contributions from international organisms, and proposals of projects that can be financed. This commission will be integrated by the Presidency of the UNIORE, currently held by the Federal Electoral Institute and the Electoral Tribunal of the Judicial Branch of the Federation, from Mexico; by the Presidency of the Tikal Protocol, currently held by the National Electoral Tribunal of Honduras; by the Presidency of the Quito Protocol, currently held by the Superior Tribunal of Electoral Justice of Paraguay,; by the Central Electoral Board of the Dominican Republic, in its position as host to the XI Conference; by the Electoral Commission of Jamaica, and by the Executive Secretariat. B. Considering a planning and programming work system for medium and long terms.
Given in Mexico City, Friday 11 November 2011.
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- The incorporation of innovative technology into electoral processes, agreed with political organizations and citizenship, with the adequate auditing mechanisms, contributes to transparency, security and speed of results, which generates trust and credibility in electoral bodies and helps consolidate democracies.
3. Strengthening of the autonomy of the Electoral Bodies - Conquer external influence in the authorities‟ performance in exercise of their powers, fulfilling constitutional mandates. - Keeping the electoral authority‟s independence. - Independence and autonomy are legally different concepts. - Keeping and increasing the autonomy of electoral bodies.
4. Follow-up and control in the use of financial resources of the political organizations - Lack of transparency in elections, linked to political financing.
5. Insecurity, violence, drug-dealing - Violence of the organized crime
6. Lack of training of electoral officers - More training for the members of boards receiving votes - Professionalization of the work of officers and technical directors designated by each new government.
7. Transparency in the obtaining of the financial resources of political organizations.
8. Media pressure - Overcoming interested media disqualification against electoral institutions. - Real, not biased information coming from certain media. - Relationship with media and civil society organizations
9. Campaign financing and political parties - The excessive cost of campaigns causes elite participation and restricts electoral offer. - Influence of campaign sponsors in governmental policies. - Supervision and oversight of political parties. - Origin of political financing. - Insecurity, violence, drug- dealing
The result of hierarchization made by the Work Group participants on the 26 ideas, which group the 71 main challenges and problems faced nowadays by the members of the UNIORE is presented in Appendix 4.
B) IDENTIFYING UNIORES’ CONTRIBUTIONS
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In the second block of activities, the following question was posed: What has the UNIORE contributed to in order to meet the continent‟s electoral agenda in the last 20 years?
The Work Group members presented 28 answers, grouped in 12 ideas, for this question. These ideas, together with the comments, are located in Appendix 5.
Following, the Work Group members prioritized the 12 ideas through the personal selection of four ideas per Group member.
After this selection, 5 ideas with their comments become those with the higher impact and relevance for addressing the continent‟s electoral agenda. It is important to mention that the idea number 3, 4 and 5 obtained the same score.
3. A space for exchanging experiences, lessons and good practices. 3.1. A space to determine electoral training priorities (originally it was the idea # 5, but after the vote it was decided to include it into the idea # 3). 3.2. An opportunity for training the region‟s electoral officers. 3.3. A search for best practices on electoral administration 3.4. A discussion of current issues on democracy, elections and electoral justice 3.5. Exchange between the region's electoral organisms 3.6. A meeting point for the heads of the electoral bodies 3.7. Joint reflection and analysis on the issues that may affect the electoral arena in each of the American countries. 3.8. The UNIORE has achieved the garnering of the continents‟ EMB‟s successful experiences and bad practices to be shun 3.9. An explanation of the best practices on the conduction of elections 3.10. Sharing experiences to improve electoral matters across the continent 3.11. A space to Exchange EMB‟s experiences
4. Observation of elections 4.1. Broad experience in electoral observation missions
5. A space to develop comparative analysis and determine America’s electoral trends, therefore, renewing the electoral agenda topics. 5.1. Renewal of the America‟s electoral agenda topics 5.2. To provide an open discussion forum to share information that has impacted on the strengthening of the continent‟s EMBs. 5.3. UNIORE has been a synonym of academic exchange on electoral topics among the continent‟s electoral practitioners. 5.4. Generating specialized publications and lessons on electoral matter 5.5. 5
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6. It has achieved the most successful and intense horizontal cooperation between the continents’ EMBs. 6.1. A space to exchange and foster horizontal cooperation initiatives
7. Holding of meetings, conferences, seminars, thematic tables 7.1. It has provided the opportunity to hear international experts‟ reflections on the regions‟ democratic progress
The result of prioritizing the 12 ideas that group 28 contributions of UNIORE are in Appendix 6
C) IDENTIFYING UNIORES LIMITATIONS TO MEET THE CURRENT CHALLENGES
The third block of activities was the elaboration of the Union‟s limitations. In order to identify these limitations, the Work Group members answered the following question: What are the main limitations the UNIORE undergoes in order to meet the current challenges?
The Work Group members presented 33 limitations, which were grouped in 9 ideas. These ideas, together with their comments are presented in Appendix 7.
Then, the Work Group members prioritized them through the personal selection of three ideas per member.
After this selection, the three ideas grouping 22 limitations with the higher relevance for the Work Group are:
1.Lack of budget. 1.1. Lack of staff in the Executive Secretariat. 1.2. Scant staff in order to address the assumed tasks. 1.3. An absent of financial resources coming from EMBs. 1.4. The members have to pay a financial fee 1.5. UNIORE does not have its own resources. 1.6. It has not been modified to the EMBs‟ changes. 1.7. Lack of proper resources to finance and maximize its function.
2. UNIORE’s structure, functioning and rules do not respond to the advances of the political systems nor to the current requirements of the EMB members 2.1. UNIORE is not updated with the current electoral themes that motivate our democracies. 2.2. UNIORE‟s TORs and objectives need to be reviewed in order to reflect the democratic ideals of our reality
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2.3. The administrative structure of UNIORE has to be updated according to the political and electoral changes. 2.4. The guidelines have to be defined by the EMBs. 2.5. The EMBs are not represented in UNIORE‟s structure. 2.6. To review the Founding Charter, to adequate it to the new times and to the members‟ constitutions. 2.7. Lack of regional representation in the directive organism. 2.8. Lack of authority. 2.9. There are only Costa Ricans 2.10. Lack of activities from the Coordination and Follow-Up Committee.
3. UNIORE does not have its own agenda 3.1. Bemusing between CAPEL‟s officers and UNIORE‟s Executive Secretariat 3.2. Absence of an annual plan of activities 3.3. There is no difference between CAPEL, as UNIORE‟s Executive Secretariat, and its NGO character that has its own projects and financing. 3.4. UNIORE‟s agenda is subordinated to CAPEL‟s
The result of this exercise performed by the Work Group can be found in Appendix 8.
D) DEVELOPING UNIORE’S VISION
The fourth activity block consisted in elaborating UNIORE‟s roadmap. First, the Work Group discussed, based in the diagnosis, and the contributions and limitations identified, the main objectives to be achieved by the Union. In order to find these objectives, the Work Group members answered the following: What must be the UNIORE’s role in view of the challenges faced by the continent’s electoral authorities nowadays? (Where and how do we see the UNIORE in 5 years from now?) The Work Group members presented 33 limitations, which were grouped in 9 ideas. These ideas, together with their comments are presented in Appendix 9.
After grouping the comments being grouped into 21 ideas, the Work Group members prioritized them through the personal selection of five ideas per Group member. The ideas which receive the highest number of impacts were further discussed by all participants in order to obtain a group consensus of the main ideas. The result of this exercise performed by the Work Group can be found in Appendix 10.
After achieving consensus, five ideas were identified as those to become the objectives to develop as in a roadmap: Objective 1: An organism that coordinates and runs missions of electoral observation and accompaniment in the American continent, which is referred in other latitudes
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Objective 2: The UNIORE has become the broadest and most active space to pose initiatives for horizontal cooperation, technical assistance and exchanging of tools among the EMBs of the American continent. Objective 3: An organization of international presence and relevance, that acts as a bridge between similar organizations in the world Objective 4: It has been consolidated as a space for the building of principles and for the reflection on electoral matter in the Americas Objective 5: To be a self-sustainable entity through agreed sources of financing and member‟s contributions
Second, after identified the objectives, the Group Work members divided themselves into five groups of two and three members. The integration of the groups responded to the participants´ thematic interests. Objetive 1: José Thompson and Sandra Oblitas Objetive 2: Carlos Cortez, Erasmo Pinilla and Eugenio Chicas Objetive 3: Ellen Weintraub and María del Carmen Alanis Objetive 4: Juan Ignacio García and Leonardo Valdés Zurita Objetive5: Herbert Thompson and José Ángel Aquino Rodríguez
Third, to develop each objectives‟ roadmap, the groups answered the following questions: What to do? How often? With what resources human and financial?
Finally, each group presented among the rest of the Work Group members the roadmap to fulfill their objective. The roadmaps can be found in Appendix 11.
E) ELABORATION OF UNIORE’S EXTRAORDINARY MEETING AGENDA PROPOSAL
Before finish the session, the Work Group discussed some general aspects for the Extraordinary Meeting to be held on November 2011, in Mexico.
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APPENDIX 1
MEETING CALL FOR THE WORK GROUP RESPONSIBLE FOR SUGGESTING A DIAGNOSIS AND A ROADMAP TO MEET THE NEW NEEDS AND REQUIREMENTS OF THE INTER-AMERICAN UNION OF ELECTORAL ORGANISMS (UNIORE)
BACKGROUND
The Inter-American Union of Electoral Organisms (UNIORE), a nongovernmental entity that brings together the depository organisms of the different countries of the Americas‟ electoral authority, held its X Conference from 10 to 12 November, 2010, in Merida, Mexico.
As part of the adopted Agreements in this Conference, it was established in point 13 that the Presidency of the UNIORE, currently integrated by the electoral authorities of that country, the Federal Electoral Institute and the Electoral Tribunal of the Federal Judicial Power, will convene an Extraordinary Meeting in the framework of the XX Anniversary of the Union, which will take place in Mexico during the second half of 2011, aiming to present the Union‟s Presidency‟s advances and results of its activities, as well as to open a dialogue in thematic working groups on the technical-electoral aspects agreed at the X Conference and on other topics of interest for the members.
Moreover, the Conference agreed to summon a Work Group responsible for developing a diagnosis and a roadmap to meet the new needs and requirements, which will also be presented during the work sessions of the abovementioned Extraordinary Meeting.
Regarding the integration of the Work Group, it was established that it would be composed by the Coordination and Monitoring Committee, that in conformity with the Sixth Clause of the Constitutive Act of the Inter-American Union of Electoral Organisms, is currently integrated by Mexico‟s Federal Electoral Institute and Electoral Tribunal of the Federal Judicial Power, the Central Electoral Board of Dominican Republic and the Executive Secretariat.
Additionally, the organisms that presided Tikal„s Protocol and Quito‟s Protocol, the Supreme Electoral Tribunal of Guatemala and the Supreme Electoral Council of Ecuador, respectively, would also take part in this Work Group. The President of the Supreme Electoral Tribunal of El Salvador, Mr. Eugenio Chicas, being the outgoing President of the UNIORE, and a representative of each of the regions that conforms our continent will also participate. The appointment of the Federal Electoral Commission of the United States, the Electoral Commission of Jamaica, the Electoral Tribunal of Panama, the National Electoral Council of Venezuela and the Electoral Service of Chile has also been approved.
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In order to comply with the Agreements adopted at the X Conference of the Inter-American Union of Electoral Organisms, Mexico‟s Federal Electoral Institute and Electoral Tribunal of the Federal Judicial Power, since they are the agencies that currently hold UNIORE‟s Presidency:
CALL
The group, which will be integrated by: Electoral Service of Chile, National Electoral Council of Ecuador, Supreme Electoral Tribunal of El Salvador; Federal Electoral Commission of the United States, Supreme Electoral Tribunal of Guatemala, Electoral Commission of Jamaica, Electoral Tribunal of Panama, Central Electoral Board of Dominican Republic, and National Electoral Council of Venezuela.
Will participate in the work session that will develop according to the following considerations:
1. OBJETIVE
To jointly muse in regard to the technical–electoral matters discussed during the X Conference and other topics of interest of the members of the UNIORE, in order to establish a diagnosis and develop a roadmap to be presented in the Union‟s Extraordinary Conference to be held on the second half of this year in Mexico.
2. DATE AND LOCATION
The group session will take place the 13 and 14 of June, 2011 in Mexico City.
3. AGENDA
Taking into account the mandate delegated by the Conference to this Working Group, through point 13 of the adopted Resolutions, at least four general segments are identified for the integration of the agenda: General diagnostic: To define the current requirements and needs of the systems, and the actual role of the electoral authorities. UNIORE‟s organization and functioning: Evolution and challenges UNIORE. Development of the roadmap: To establish the aspects related to the current needs of the electoral authorities, as well as the challenges and prospects of the UNIORE, among other topics, in the next 10 years.
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Extraordinary Conference: To work on an agenda proposal for the Extraordinary Conference to be held in November, in which the commemoration of the XX Anniversary of the Union will take place.
4. METHODOLOGY
In order to contribute to the work of this Group better development, the session will be use the technological tools of the strategic planning methodology, that will allow the free, fair and productive participation of the participants of the Working Group in this session.
5.RESULTS
The following documents are expected as a result of this meeting: Based on the mandate given by the X Conference, the Working Group should develop a roadmap for UNIORE‟s next actions. Finally, and also in compliance with the mandate of the X Conference, the Working Group will prepare a draft agenda for the UNIORE‟s Extraordinary Conference to be held in November UNIORE in the framework of the commemoration of the XX Anniversary of the creation of this mechanism.
5. FINANCING
The UNIORE‟s Presidency and Executive Secretary will identify the optimum mechanisms to establish the bases and responsibilities for financing the different criteria related to this session.
THE PRESIDENCY OF THE INTER-AMERICAN UNION OF ELECTORAL ORGANISMS (UNIORE)
MAGDA. MARÍA DEL CARMEN ALANÍS DR. LEONARDO VALDÉS ZURITA FIGUEROA PRESIDENT COUNCILOR OF MEXICO‟S PRESIDENT OF MEXICO‟S FEDERAL FEDERAL ELECTORAL INSTITUTE MÉXICO ELECTORAL TRIBUNAL OF THE FEDERAL JUDICIAL POWER
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APPENDIX 2 AGENDA FOR THE UNIORE’S WORK GROUP July 13 and 14, 2011 Hotel Royal Pedregal at Mexico City
Wednesday 13 July, 2011
Welcome and General Description of the Working Session 9:00 to 10:00 h 9:00 to 9:10 h Words by María del Carmen Alanis, President Magistrate of the Electoral Court of the Federal Judicial Branch 9:10 to 9:20 h Words by Leonardo Valdes, President Councilor of the Federal Electoral Institute 9:20 to 9:30 h Words by José Thompson, Director of the Center for Electoral Assistance and Promotion of the Inter-American Institute of Human Rights (IIDH-CAPEL) 9:30 to 9:45 h Introduction to the methodology. José Luis Rodríguez, Chief of Staff of the IFE’s Strategic Planning Unit 9:45 to 10:00 h Training of the Think Tank tool. José Luis González, Consultant
General Diagnostic 10:00 to 11:25 h 10:00 to 10:05 h Introduction by María del Carmen Alanis, President Magistrate of the Electoral Court of the Federal Judicial Branch 10:05 to 11:25 h Identification of common challenges currently faced by the region’s electoral management bodies
11:25 to 11:40 h Recess
UNIORE’s Organization and Functioning 11:40 to17:00 h 11:40 to 11:50 h Introduction by Leonardo Valdes, President Councilor of the Federal Electoral Institute 11:50 to 13:20 h The UNIORE in the continent’s electoral agenda 13:30 to 15:00 h Lunch 15:00 to 16:00 h The UNIORE in the continent’s electoral agenda (2nd part) 16:00 to 16:10 h Conclusions of the activities performed during the First day , by Salvador Nava, Magistrate of the Electoral Court of the Federal Judicial Branch
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20:00 to 22:00 h Dinner offered by Mexico’s electoral authorities San Ángel Inn
Thursday 14 July, 2011
9:00 to 9:10 h Introduction to the activities to be performed during the Second Day, by Pedro Esteban Penagos, Magistrate of the of the Electoral Court of the Federal Judicial Branch
UNIORE’s Roadmap Development 9:10 to 15:45 h 9:10 to 9:20 h Summary of the previous day’s work, José Luis Gonzalez, Consultant 9:20 to 10:20 h Elaboration of UNIORE’s vision 10:20 to 10:30 h Integration of working groups 10:30 to 10:45 h Recess 10:45 to 12:15 h In groups, develop the possible roadmaps of the UNIORE 12.15 to 13:15 h Presentation of roadmap proposals (2 groups) 13:15 to 14:45 h Lunch 14:45 to 15:45 h Presentation of roadmap proposals (the rest of the groups)
Extraordinary Meeting 1 5:45 to 16:45 h 15:45 to 16:45 h Development of the Agenda for the Extraordinary Meeting
Closing session 16:45 to 17:00 h 16:45 to 16:50 h Words by José Thompson, Director of the Center for Electoral Assistance and Promotion of the Inter-American Institute of Human Rights (IIDH-CAPEL) 16:50 to 16:55 h Words by María del Carmen Alanis, President Magistrate of the Electoral Court of the Federal Judicial Branch 16:55 to 17.00 h Words by Leonardo Valdes, President Councilor of the Federal Electoral Institute
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APPENDIX 3 IDEAS PRESENTED REGARDING THE FOLLOWING QUESTION What are the main challenges and problems that the electoral authorities of the American Continent face nowadays?
1. Strengthening of the Electoral Management Bodies‟ (EMB) autonomy 1.1. To beat external interference in the performance of the authorities regarding the undertaking of their functions, as stated in the constitution 1.2. To maintain the independence of the electoral authority 1.3. Independence and Autonomy are two different legal concepts
2. Lack of financial autonomy of the EMBs 2.1. Difficulty to obtain enough budget
3. To increase the confidence and credibility in the EMBs 3.1. Lack of credibility from the citizens 3.2. To strengthen the credibility of the citizens on the electoral results
4. To address the issues of equity in the electoral agenda 4.1. To guarantee the enfranchisement of all citizens to actually cast their vote 4.2. To promote gender equality at partisan nominations through actions of positive affirmation
5. Role of mass media 5.1. To overcome defamatory information from the media which aims to question electoral institutionalism 5.2. Actual and un biased information from certain media 5.3. A relation with the media and with civil society organizations
6. Abstentionism 6.1. To promote citizen participation as a mean to strengthen democracy 6.2. To promote citizen participation in the electoral processes as a means to strengthen democracy
7. Credibility and confidence on electoral results because they are slow or due to technical deficiencies
8. Insecurity, violence and drug-trafficking
9. Political parties and campaign financing 9.1. Excessive cost of the campaigns makes participation elitist and constrains electoral offer 9.2. Influence of campaign sponsors in government policies 9.3. Oversight and accountability of the political parties 9.4. Source of political financing 15
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10. Impact and benefit of the technological development in the electoral processes. 10.1. Technology related issues: resources to obtain it and voter education 10.2. Politician‟s reluctance to implement new technologies 10.3. Voter‟s confidence on the use of technology 10.4. Include the use of social media 10.5. New technologies in the electoral arena; technology for electoral information
11. Integration of the EMB, especially focusing on political parties „ representation
12. The fact that EMBs have assumed a larger set of attributions and competences for the EMBs
13. Electoral laws are not proposed by the EMBs 13.1. There is no legislation for the primaries
14. The viability of the survival of the political parties; there are big parties that predominate in the scenario and in the contest 14.1. The political party system has a high level of weakness
15. To promote the electoral turnout in every aspect: gender, youth, indigenous people, etc. 15.1. Inclusion of vulnerable groups 15.2. Citizen disenchantment about democracy 15.3. Inclusion of young people to electoral turnout 15.4. Youth‟s abstentionism 15.5. To create the inclusion for all sectors (youth, rural, women, ethnic diversity) in democracy
16. Lack of training of the electoral officers 16.1. Greater training to the members of polling tables 16.2. To professionalize the tasks of the officers and technical directors that are appointed by every new government
16.3. To improve the quality of politics, to avoid the practice of obtaining votes with promises of government posts and the use of State resources 16.4. To promote an informed vote 16.5. To institutionalize the systems for the building of parties 16.6. To promote citizen participation in the electoral processes as a mean to strengthen democracy 16.7. To include the civil society in observation procedures to strengthen the programmatic offer of the parties
17. Threats from the Legislative to change the electoral model and the substitution of members
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18. Non-compliance of bounded subjects
19. Low salaries
20. Dynamic associations that follow efficiently the strengthening processes of the democracies
21. Transparency in the electoral administration
22. Follow-up and oversight of the use of the financial resources of the political organizations 22.1. Lack of transparency of the elections, linked to the political financing
23. To increase the quality of the information transmitted to the citizens
24. To make it easier for people to vote by bringing the polling centres closer to the voters
25. Transparency in the financial resources obtained by the political organizations
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APPENDIX 4 IDEAS PRIORITIZED What are the main challenges and problems that the electoral authorities of the American Continent face nowadays?
UNIORE’S CHALLENGES AVERAGE Strengthening EMB autonomy 0.60 Lack of financial autonomy in EMBs 0.20 Increasing trust and credibility in electoral authorities 0.30
Addressing equality in the electoral agenda 0.40 Strengthening the relationship with mass media 0.50
Low voter turnout (Abstentionism) 0.40
Fostering credibility and trust in the transmission of electoral results 0.20 Security issues, violence and drug trafficking. 0.60
Political party and campaign financing 0.50
Advantages and impact of technology in electoral 0.70 processes EMB Integration, especially taking into account issues of political 0.00 party representation Granting a minimum number of 0.20 competences/functions to EMBs Electoral authorities can‟t propose legislation 0.30
Political party survival: big parties predominate the electoral contest 0.10 Promoting electoral participation of women, youth, 0.80 indigenous population, etc. Lack of training of electoral officers 0.50
To improve the quality of politics 0.40 Threats coming from the legislative body of modifying the electoral model and 0.20 substituting electoral officers The bridge of laws by obliged stakeholders of the electoral 0.00 process Low salaries 0.00
Dynamic associations that efficiently accompany the processes of democratic 0.30 strengthening Transparency in electoral administration 0.30 To control and follow up political organization‟s financial resources 0.60 To elevate the quality of the citizen‟s information 0.20 To make accessible the voter‟s exercise of their voting right by placing polling stations closer to the 0.20 voters
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UNIORE’S CHALLENGES AVERAGE To have transparency in political organizations‟ 0.50 garnering financial resources
These results are also shown in the following graph:
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APPENDIX 5 UNIORE’S CONTRIBUTIONS TO THE CONTINENT’S ELECTORAL AGENDA What has the UNIORE contributed to in order to meet the continent’s electoral agenda in the last 20 years?
1.Observation of elections 1.1. Broad experience in electoral observation missions
2. A space to develop comparative analysis and determine America‟s electoral trends, therefore, renewing the electoral agenda topics. 2.1. Renewal of the America‟s electoral agenda topics 2.2. To provide an open discussion forum to share information that has impacted on the strengthening of the continent‟s EMBs. 2.3. UNIORE has been a synonym of academic exchange on electoral topics among the continent‟s electoral practitioners. 2.4. Generating specialized publications and lessons on electoral matter
8. A space for exchanging experiences, lessons and good practices. 8.1. A space to determine electoral training priorities (originally it was the idea # 5, but after the vote it was decided to include it into the idea # 3). 8.2. An opportunity for training the region‟s electoral officers. 8.3. A search for best practices on electoral administration 8.4. A discussion of current issues on democracy, elections and electoral justice 8.5. Exchange between the region's electoral organisms 8.6. A meeting point for the heads of the electoral bodies 8.7. Joint reflection and analysis on the issues that may affect the electoral arena in each of the American countries. 8.8. The UNIORE has achieved the garnering of the continents‟ EMB‟s successful experiences and bad practices to be shun 8.9. An explanation of the best practices on the conduction of elections 8.10. Sharing experiences to improve electoral matters across the continent 8.11. A space to Exchange EMB‟s experiences
9. It has achieved the most successful and intense horizontal cooperation between the continents‟ EMBs. 9.1. A space to exchange and foster horizontal cooperation initiatives
10. A space to determine priorities on electoral training
11. Holding of meetings, conferences, seminars, thematic tables 11.1. It has provided the opportunity to hear international experts‟ reflections on the regions‟ democratic progress 21
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12. Strengthening of the America‟s democracies 12.1. Source of strength and inspiration to face challenges 12.2. Strengthening of the continent‟s electoral integration 12.3. Divulgation of electoral mechanisms that have buttressed the strengthening of various countries‟ democracies.
13. A space to share threats and inquiries that could affect EMBs performance, a pace to generate solidarity among EMBs 13.1. It has been an important shielding mechanism for EMBs
14. Harmonious liaison with different scenarios of the America‟s electoral world 14.1. Generation of liaison bridge
15. Renewal of the topics that integrate the Americas‟ electoral agenda
16. To serve as a model and an inspirational source for other world‟s EMB association initiatives 16.1. It has allowed politicians from various countries to interest in our electoral processes
17. To bolster the strengthening of electoral institutions 17.1. From the meetings we have been able to strengthen the EMB´s structure 17.2. To coordinate actions in UNIORE‟s member countries electoral processes 17.3. It is an important partner in the defense of the regions‟ EMBs
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APPENDIX 6 IDEAS PRIORITIZED What has the UNIORE contributed to in order to meet the continent’s electoral agenda in the last 20 years?
UNIORE’S MAIN CONTRIBUTIONS AVERAGE Observation of elections 0.64 A space to develop comparative analysis and determine America‟s electoral trends, 0.45 therefore, renewing the electoral agenda topics A space for exchanging experiences, lessons and good practices 0.73 It has achieved the most successful and intense horizontal cooperation between the 0.45 continents‟ EMBs. A space to determine priorities on electoral training 0.00 Holding of meetings, conferences, seminars, thematic tables 0.45 Strengthening of the America‟s democracies 0.27 A space to share threats and inquiries that could affect EMBs performance, a pace to 0.18 generate solidarity among EMBs Harmonious liaison with different scenarios of the America‟s electoral world 0.09 Renewal of the topics that integrate the Americas‟ electoral agenda 0.09 To serve as a model and an inspirational source for other world‟s EMB association 0.27 initiatives To bolster the strengthening of electoral institutions 0.18
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These results are also shown in the following graph:
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APPENDIX 7 IDEAS PRESENTED REGARDING THE FOLLOWING QUESTION What are the main limitations the UNIORE undergoes in order to meet the current challenges?
1. Lack of budget. 2.11. Lack of staff in the Executive Secretariat. 2.12. Scant staff in order to address the assumed tasks. 2.13. An absent of financial resources coming from EMBs. 2.14. The members have to pay a financial fee 2.15. UNIORE does not have its own resources. 2.16. It has not been modified to the EMBs‟ changes. 2.17. Lack of proper resources to finance and maximize its function.
3. UNIORE‟s structure, functioning and rules do not respond to the advances of the political systems nor to the current requirements of the EMB members 3.1. UNIORE is not updated with the current electoral themes that motivate our democracies. 3.2. UNIORE‟s TORs and objectives need to be reviewed in order to reflect the democratic ideals of our reality 3.3. The administrative structure of UNIORE has to be updated according to the political and electoral changes. 3.4. The guidelines have to be defined by the EMBs. 3.5. The EMBs are not represented in UNIORE‟s structure. 3.6. To review the Founding Charter, to adequate it to the new times and to the members‟ constitutions. 3.7. Lack of regional representation in the directive organism. 3.8. Lack of authority. 3.9. There are only Costa Ricans 3.10. Lack of activities from the Coordination and Follow-Up Committee.
3. The association‟s potential has not been maximized to generate horizontal cooperation initiatives 3.1. The EMBs‟ designed resources, programs and methodologies to promote voters‟ participation have not been fully shared
4. Absence of systematic activities between Conferences 4.1. Lack of continuance in the information shared by UNIORE‟s EMBs. 4.2. Lack of continuance between training programs. 4.3. Scant debating space for EMB‟s 4.4. Much time passes between conferences 4.5. There is a need to have more conferences to discuss ideas.
5. UNIORE does not have its own agenda 25
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5.1. Bemusing between CAPEL‟s officers and UNIORE‟s Executive Secretariat 5.2. Absence of an annual plan of activities 5.3. There is no difference between CAPEL, as UNIORE‟s Executive Secretariat, and its NGO character that has its own projects and financing. 5.4. UNIORE‟s agenda is subordinated to CAPEL‟s
6. Electoral observation missions are promoted through the Executive Secretariat or hosting EMBs, and not by the UNIORE 6.1. UNIORE is not visible in the electoral observation missions, but CAPEL is.
7. Deficiency in establishing relationships with other specialized or homolog international organizations 7.1. Deficiency in establishing relations with other continent‟s homolog EMBs. 7.2. Deficiency in establishing relations with other specialized international organizations
8. EMBs‟ lack of commitment with the organization
9. Lack of capacity to follow up the recommendations of the electoral observation reports.
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APPENDIX 8 IDEAS PRIORITIZED What are the main limitations the UNIORE undergoes in order to meet the current challenges?
MAIN LIMITATIONS AVERAGE 1. Lack of budget. 0.73 UNIORE‟s structure, functioning and rules do not respond to the advances of the political 2. 0.55 systems nor to the current requirements of the EMB members The association‟s potential has not been maximized to generate horizontal cooperation 3. 0.36 initiatives 4. Absence of systematic activities between Conferences 0.18 5. UNIORE does not have its own agenda 0.55 Electoral observation missions are promoted through the 6. 0.09 Executive Secretariat or hosting EMBs, and not by the UNIORE Deficiency in establishing relationships with other specialized or homolog international 7. 0.09 organizations 8. EMBs‟ lack of commitment with the organization 0.18 9. Lack of capacity to follow up the recommendations of the electoral observation reports. 0.27
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These results are also shown in the following graph:
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APPENDIX 9
ROAD MAP What must the UNIORE’s role in view of the challenges faced by the continent’s electoral authorities nowadays be? (Where and how do we see the UNIORE in 5 years from now?)
Objective 1: An organism that coordinates and runs missions of electoral observation and accompaniment in the American continent, which is referred in other latitudes
What to do? How often? With what resources (financial and human)?
To recognize the value and Once A basic document to be presented in the Conference systematization of what has been learned on electoral observation in the past 20 years
Once A proposal to revise and discuss the electoral To review and discuss the electoral observation statutes to be submitted to the UNIORE‟s observation statutes in order to unset organ. consider its relevance to the evolution of the current reality (for example, the issue of accompaniment, the set of guiding principles, the financing, the integration, its importance and visibility, its distinctive features and monitoring, etc.).
To visualize the identity and In each mission Institutionalization mechanisms in UNIORE importance of UNIORE‟s observation missions
To agree to provide technical support Every time Communication and feedback mechanisms in the implementation of the each EMB recommendations stated at the considers it mission‟s reports necessary
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To foster the information and training In each mission It can be fostered with the extant resources function achieved by the electoral observation missions
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Objective 2: The UNIORE has become the broadest and most active space to pose initiatives for horizontal cooperation, technical assistance and exchanging of tools among the EMBs of the American continent.
What to do? How often? With what resources (financial and human)? To create and keep updated an inventory of EMBs‟ resources, needs and experiences for each of the following topics: technology (in three aspects: software, hardware and human specialized resources), electoral law, strategic advising, good electoral practices (that generate all actors‟ credibility) , voter‟s educations and electoral training.
Each EMB should hand in an inventory Permanent, With the resources of each EMB and with those that of best practices , resources and every time can be acquired thru UNIORE‟s management availability to receive and send there are electoral officers of other EMBs to changes and UNIORE‟s Executive Secretariat innovations they should be notified to la UNIORE To create UNIORE‟s webpage as a liaison mean to inform and establish To be created communication between EMBs. EMBs as soon as With the support of EMBs‟ human resources, by should create a link that enables them possible, assigning staff. Also, by seeking financing to bolster the to join into UNIORE‟s networking (ie. webpage creation and maintenance of the webpage. Panama‟s Electoral Tribunal ISEN- permanent International Service of Electoral update News-, that provides objective information of all the world‟s electoral matters)
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4.Que el intercambio bilateral se haga notificando a UNIORE, informando a los demás organismos a través de la misma página web para que todos sepan a quién acudir. Every time The same resources as thoseposed in the previous there is an activity Crear un inventario de necesidades de exchange. cada uno de los OE, el cual funja como notificación a la UNIORE sobre esto.
To create a permanent liaison with With the EMB‟s resources UNIORE, with a title position that counts with the assistance of a high Permanent electoral officer that implements and follows up UNIORE‟s activities and is in charge of holding the communication between EMBs. Since there is a need for openness to At the request According to each bilateral agreement. receive and send EMBs electoral of the officers to learn how things are done in requesting their country, EMBs should have the country , as it disposition to do so. is required
Objective 3: An organization of international presence and relevance, that acts as a bridge between similar organizations in the world
What to do? How often? With what resources (financial and human)? To change the strategy in order for Permanent * To hire a couple of officers that work at UNIORE to become an actor with UNIORE‟s Executive Secretariat and international presence that bolsters Presidency. They could work in countries good practices and shares: different to Costa Rica. information, human capital, electoral assistance, experiences and
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jurisprudence. * To create thematic groups integrated by UNIORE‟s members that jointly work on different topics with the Executive Secretariat and Presidency
* To obtain money from members and partners. May be the members decide to contribute in a non pecuniary manner, but in kind to carry out the programs. To share knowledge, experiences and other activities with more organizations (UN, OAS, EU, UA, ACEEEO, Venice Commission), not only on electoral topics but also in human rights, civic education, minorities, indigenous groups, bicultural programs, among others. To strengthen the relationship with international NGOs (IFES, IDEA, CAPEL) To develop publications Periodic The members could contribute with the translation (Spanish, English, French) To create, update and enrich the Permanent With EMBs work. databases that have the continent’s countries’ constitutions, legislations and resolutions (To know what is being discussed on voter’s accessibility, handicap people, and social networks, among others. To share the experience and information on what it is being developed in other countries) To identify and follow up other Permanent The EMB have resources and experts that organizations’ activities and could be shared. projects that could be interesting for UNIORE. This will allow UNIORE to participate in a jointly and inclusive manner. To establish a practitioners network Permanent The EMBs have resources and experts that (virtual forum) with UNIORE’s could be shared. members and other organisms on 33
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the topics: conflict resolution, rights, advice on the use and acquisition of technology, among other. To maintain and reinforce the presence within other continent’s electoral spaces, meetings and organizations
Objective 4: It has been consolidated as a space for the building of principles and for the reflection on electoral matter in the Americas
What to do? How often? With what resources (financial and human)? An electoral statistical yearbook Anual The technical committee should coordinate the elaboration containing information of each of statistical yearbooks with the EMB‟s contributions. Co- country‟s electoral rolls and results - financing. performance indicators – with enough research elements on gender and vulnerable groups
To have an editorial where relevant 2 annual Each EMB member should periodically be in charge of the papers on electoral systems, such publications publications editing process. electoral laws and EMBs and (1 per electoral tribunals‟ performance, are semester) published To have a training strategy that Permanent Cooperation agreements between EMB members and includes the organization of with other institutions seminars, conferences, workshops and courses in order to produce doctrinal reflection that nurtures the editorial To have an To create a financing system with equal contributions To establish a permanent Almanac prior to according to its financial capacity. comparative program on the the elections of Americas‟ electoral and each member. To jurisprudence systems. integrate other regions‟ experts. Annual meeting to analyze the
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region‟s electoral processes (in the framework of each conference).
To establish an academic and Permanent Cooperation agreements with universities and schools. educative liaison with specialized Support from scientific research agencies. universities, electoral schools and Dominican Republic Electoral School NGOs. To create a communication network Permanent Extensive use of the EMB‟s TICs between EMBs for sharing A webpage exclusively for UNIORE (Agreement number information and resources 12 of the X Conference)
It is important to consider the efforts of other specialized institutions (OAS, IDEA, IFES, etc.)
Objective 5: To be a self-sustainable entity through agreed sources of financing and member’s contributions
What to do? How often? With what resources (financial and human)? Each member should pay a nominal fee Anual 1. To have a pull with persons whose personal (ie. 10 000 USD) skills facilitate the task of fund raising, as well as to have a roster of organizations that could In addition to the nominal fee there should donate funds. be a contribution based on the electoral list. 2. Presidency’s role: (In some cases, this payment should be To administrate UNIORE’s activities gradual or according to their budgetary To verify that the money rose is properly and dispositions). usefully used. To foster the continuance of raise funding. To raise voluntary financial contributions All year long To have staff exclusively working in this task from international organizations (EU, IFES, (proposal writing and raise funding). IDEA, UN, NDI, WB), regional organizations (OAS, Caribbean Bank, IDB, CIDA), national 3. Coordination and follow up committee: organizations and electoral management To follow up UNIORE’s activities bodies.
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Each member will contribute with financial, All year long material or human resources
Management cost Do not lose the continuity achieved. To maintain the advantage of having only one institution in charge of administrating the resources.
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6. PRESENTATION OF THE PLAN OF ACTION WITHIN THE FRAMEWORK OF THE “REPORT ON THE UNIORE’S WORK GROUP SESSION” (MEXICO, JULY 13 AND 14 AND NOVEMBER, 2011)”.
6. N. CONCLUSIONS EXTRAORDINARY MEETING IN MEXICO, NOVEMBER 2011
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EXTRAORDINARY MEETING (Mexico City, November 10th and 11th, 2011)
CONCLUSIONS
The representatives of the electoral authorities of Antigua and Barbuda, Argentina, Bolivia, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, United States of America, Uruguay and Venezuela, which attended the Extraordinary Meeting celebrated in Mexico City on November 10th and 11th, 2011, declare the following:
I. The Roadmap and Diagnostic that were made by the Work Group that held a session in Mexico City on July 13th and 14th, 2011, in order to tend to the new needs of the UNIORE, are known and supported. There is wide recognition to the results accomplished.
II. Complementing the document presented by the Work Group, the Plenary of the Extraordinary Meeting puts an emphasis on the next topics:
1. Within the framework of Objective 1 of the Roadmap (an organism that coordinates and runs missions of electoral observation and accompaniment in the American continent, which is referred in other latitudes), the following was stated: A. The elaboration of a Protocol for Electoral Observation Project within the framework of UNIORE, where new themes, modalities of observation and terms are established to carry out the observation missions.
2. Within the framework of Objective 2 of the Roadmap (the UNIORE has become the broadest and most active space to pose initiatives for horizontal cooperation, technical assistance and exchanging of tools among the EMBs of the American continent) , the following was stated: A. The incorporation of electronic publications of the member bodies to the UNIORE’s web site, and their classification.
3. Within the framework of Objective 3 of the Roadmap (an organization of international presence and relevance, that acts as a bridge between similar organizations in the world), the following was stated: A. Redefining and strengthening the role of the Presidency of UNIORE, as well as the coordination and liaison mechanisms with the Executive Secretariat.
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4. Within the framework of Objective 4 of the Roadmap (it has been consolidated as a space for the building of principles and for the reflection on electoral matter in the Americas) in the part that corresponds to “the UNIORE has consolidated itself as a space for electoral doctrine in the Americas”, the following was stated: A. Insisting on the importance of establishing different programs and instances in terms of civic education and civic-electoral training. B. Pointing out the increasing value that electoral jurisprudence has achieved and the value its systematization has.
5. Within the framework of Objective 5 of the Roadmap (to be a self-sustainable entity through agreed sources of financing and member’s contributions), the following was stated: A. Integrating a Commission that studies different formulas to ensure sustainable financing for the UNIORE, including fee diversity, contributions from international organisms, and proposals of projects that can be financed. This commission will be integrated by the Presidency of the UNIORE, currently held by the Federal Electoral Institute and the Electoral Tribunal of the Judicial Branch of the Federation, from Mexico; by the Presidency of the Tikal Protocol, currently held by the National Electoral Tribunal of Honduras; by the Presidency of the Quito Protocol, currently held by the Superior Tribunal of Electoral Justice of Paraguay,; by the Central Electoral Board of the Dominican Republic, in its position as host to the XI Conference; by the Electoral Commission of Jamaica, and by the Executive Secretariat. B. Considering a planning and programming work system for medium and long terms.
Given in Mexico City, Friday 11 November 2011.
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6. PRESENTATION OF THE PLAN OF ACTION WITHIN THE FRAMEWORK OF THE “REPORT ON THE UNIORE’S WORK GROUP SESSION” (MEXICO, JULY 13 AND 14 AND NOVEMBER, 2011)”.
6. O. PLAN OF ACTION WITHIN THE FRAMEWORK OF THE “REPORT ON THE UNIORE’S WORK GROUP SESSION” (MEXICO, JULY 13 AND 14 AND NOVEMBER, 2011)”. SUBMITTED BY THE PRESIDENCY OF UNIORE
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Action Plan Based on the Framework of the "Report on the Session of UNIORE Working Group
(Mexico, July 13-14, 2011)"
PROGRAM: STRENGTHENING DEMOCRATIC GOVERNANCE AND ELECTORAL INSTITUTIONALISM
Proposal of the Action Plan of UNIORE, Paper Submitted during the Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013 1
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Quito, Ecuador, February13, 2013
I. Background
With the advent of democracy in Latin America, there has been a growing concern for the electoral processes as a constituent element of the democratic legitimacy of their authorities. On the other hand, the concern for the electoral bodies, their institutionalism, and their improvement processes that emerge after each election, has been little or nil.
A significant number of Latin American Electoral Bodies has reached full age in terms of operations and elections held, processes that have not been exempted of difficulties and limitations, but which without doubt have contributed to the consolidation of democracy in the region.
But today, citizens are more demanding with their institutions, and informed, clean, and transparent processes are not enough; today the quality of electoral processes demands other technical and democratic standards, hoping to provide higher and better legitimacy to the democratic institutions in the Continent and their key bodies.
The opportunity given by this new political, technical, and democratic demand represents an attractive space to develop proposals in the areas of public policy and specialized technical advice to improve, harmonize, and progressively standardize the work and development of Latin American electoral bodies.
Proposal of the Action Plan of UNIORE, Paper Submitted during the Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013 2
162 In this context, UNIORE seems to be the ideal place to develop actions in the aforementioned areas through the use of systematic horizontal cooperation because it is the only organization with a technical installed capacity to make the necessary changes in the Hemisphere. Therefore, the question is: What are the requirements to implement a program of this nature?
To answer the question, we should distinguish two kinds of actions:
1. Actions (projects, programs, advice, etc.) to be directly implemented by the Presidency of UNIORE.
2. Actions to be jointly implemented with other institutions, basically academic ones.
These kinds of actions allow achieving the foundational objectives of UNIORE, i.e.:
a) Improve the cooperation among the Member Associations of the Union, as well as among their Member Electoral Bodies.
b) Promote an exchange of information related to electoral systems.
c) Encourage the participation of the representatives of the member Bodies, in their capacity as observers of electoral processes.
Proposal of the Action Plan of UNIORE, Paper Submitted during the Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013 3
163 d) Make general recommendations to the Member Bodies of the Union.
e) Promote safe, efficient, and democratic electoral systems that ensure the casting of free, universal, and secret votes.
f) Give support and assistance, to the extent possible, to Electoral Bodies, if necessary. This Organization is composed of three bodies:
1. The Inter-American Conference of Electoral Bodies (which meets regularly every two years),
2. The Presidency (exercised by a country for a two-year term),
3. The Executive Secretariat (exercised since 1991 by CAPEL, an independent body of the IIHR). This body basically operates through the adoption of Agreements developed during the Inter-American Conferences and which include recommendations, guidance, and work plans for the entire organization.
As seen in these duties, the actions of UNIORE are summarized in two categories: promotion and cooperation.
The promotion tasks are partially fulfilled by the Executive Secretariat under CAPEL (Center for Electoral Promotion and Assistance) based on courses that do not grant an academic certification in the different electoral areas. Within this framework,
Proposal of the Action Plan of UNIORE, Paper Submitted during the Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013 4
164 there is a set of tasks that might be fulfilled under the direct supervision of the Presidency of UNIORE, with prestigious academic institutions.
However, the cooperation tasks have been left behind basically due to the financial difficulties of the Executive Secretariat. In this state of development, hemispheric horizontal cooperation seems to be the most financially and technically viable formula. Moreover, from a technical point of view, horizontal cooperation has the basic quality of generating a two-way learning process, both by the person who gives the assistance and the specialist, who should give advice within a context different from the original one. This would allow creating a UNIORE “trademark” of technical excellence, which could be developed not only at a hemispheric level, but also at an extra- hemispheric level, for example, South-South cooperation.
From the aforementioned perspective, today UNIORE is the only hemispheric body capable of gathering the Electoral Bodies that carry out organizational and electoral jurisdictional tasks. This composition gives it a unique nature in the Hemisphere to define its duties, powers, and advantages.
On the other hand, in this community of electoral tasks, we can find four categories:
1. International Organizations of public law: the UN and the OAS. 2. International NGOs: IFES, NDI, IRI, and the Carter Center. 3. National NGOs: With a few exceptions, they fulfill duties in the national territory.
Proposal of the Action Plan of UNIORE, Paper Submitted during the Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013 5
165 4. Horizontal organization mechanisms: UNIORE, Protocols of Quito and Tikal.
Finally, regarding the promotion of Democracy, every index indicates that electoral bodies are among the most valuable bodies of the State. Moreover, due to the inability, for reasons endogenous or exogenous to the State, to carry out different tasks to promote democratic values and practices, the possibilities of the electoral bodies to carry out these tasks are an inevitable and necessary duty. In this area, electoral bodies should become not only judges of the electoral contest, but also Democracy Institutes [1]. Regarding this, some countries have increasingly assumed, besides their traditional tasks of electoral process organization and evaluation, other tasks such as the promotion of democracy. In this sense, UNIORE, as a synthesis of these state organizations, could define an agenda for the promotion of Democracy through concerted actions that might result in the institutionalism of bodies for the exchange, debate, and analysis of Democracy in the Region. Nowadays, there is just one hemispheric initiative in this sense, which is developed under the auspices of the IFE (Federal Electoral Institute) from Mexico, the so- called “Forum of Democracy,” which is developing its third version.
Within this context, UNIORE has a significant pool of human resources and materials to carry out its tasks. Irrespective of these conditions, these bodies still rely upon external institutions to fulfill its duties. This happens because in spite of its good level of citizen approval, these bodies are under constant pressure by national political actors. Therefore, there is a need to have an organically external technical support to coordinate the human resources in
Proposal of the Action Plan of UNIORE, Paper Submitted during the Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013 6
166 order to take concerted actions that are trustworthy enough for this kind of state duties.
II. General Objective
Provide UNIORE with a comprehensive program to promote and expand its activities in the areas of electoral cooperation and the promotion of Democracy, thus becoming a hemispheric electoral- technical benchmark.
III. Specific Objectives
a. Give the electoral bodies horizontal cooperation options articulated in UNIORE.
b. Consolidate and systematize electoral practices in accordance with quality standards to allow Electoral Bodies to rely upon validated technical experiences.
c. Improve Democracy promotion actions at the hemispheric electoral bodies.
d. Systematize the needs, recommendations, and experiences at a hemispheric level.
Proposal of the Action Plan of UNIORE, Paper Submitted during the Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013 7
167 IV. Deliverables
The deliverables set forth in this proposal are aimed at explaining the objectives and valuing the current leadership of the organization by providing it with specific, measurable, comparable, and reproducible tools in compliance with the best political and technical standards in the region. Thus, their implementation makes them powerful tools of dissemination, promotion, and political dialogue among peers.
The deliverables will be as follows:
a. Creation of UNIORE institutional image.
b. Regarding Electoral Cooperation:
1. Create a database of electoral specialists and technicians.
2. Create a methodology to certify national organizations aimed at conducting a national observation.
3. Develop an integrated database of recommendations, resolutions, and post-electoral reforms.
4. Conduct a comparative analysis about the different laws on political party financing.
5. Support regional Regulatory Framework Modernization projects to improve Electoral Process Management.
c. Regarding the Promotion of Democracy:
1. Create an Electoral Observatory based on the indexes provided by Latinobarómetro.
Proposal of the Action Plan of UNIORE, Paper Submitted during the Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013 8
168 2. Create an Inter-American Program for the Promotion of Democracy.
3. Develop professionalization programs on Electoral Jurisprudence and Law aimed at Justices.
4. Keep permanent professionalization, improvement, and training programs aimed at technical officials and urge member Electoral Bodies to raise funds.
5. Create a Teaching Program with an academic certification and online courses aimed at officials from Electoral Bodies and political parties.
6. Conduct studies, research, and academic activities on specific topics such as political participation, representation systems, electoral mapping, etc.
d. Regarding Electoral Observation:
1.- Implement an Electoral Accompaniment Protocol.
2.- Create the institutional image of Missions.
3.- Create specific qualitative methodologies.
Proposal of the Action Plan of UNIORE, Paper Submitted during the Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013 9
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7. DISCUSSION ABOUT UNIORE’S BUDGET MATTERS.
7. P PROPOSAL EMERGED WITHIN UNIORE´S GROUP SESSION IN MEXICO, JULY 2011
170 Global plan of activities
Objetive 5: To be a self-sustainable entity through agreed sources of financing and member’s contributions
What to do? How often? With what resources (financial and human)? Each member should pay a nominal fee Anual 1. To have a pull with persons whose personal (ie. 10 000 USD) skills facilitate the task of fund raising, as well as to have a roster of organizations that could In addition to the nominal fee there should donate funds. be a contribution based on the electoral list. 2. Presidency’s role: To administrate UNIORE’s activities (In some cases, this payment should be To verify that the money rose is properly and gradual or according to their budgetary usefully used. dispositions). To foster the continuance of raise funding. To have staff exclusively working in this task To raise voluntary financial contributions All year long (proposal writing and raise funding). from international organizations (EU, IFES, IDEA, UN, NDI, WB), regional organizations 3. Coordination and follow up committee: (OAS, Caribbean Bank, IDB, CIDA), national To follow up UNIORE’s activities organizations and electoral management bodies.
Each member will contribute with financial, All year long material or human resources
Management cost Do not lose the continuity achieved. To maintain the advantage of having only one institution in charge of administrating the resources.
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8. OBSERVATION PROTOCOL
8. Q. OBSERVATION PROTOCOL MISSIONS PROJECT SUBMITTED BY THE FEDERAL
ELECTORAL INSTITUTE OF MEXICO
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DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES (UNIORE)
The Inter-American Union of Electoral Authorities (UNIORE) Constitutive Chart establishes, as one of its objectives, to encourage the participation of its members as observers in the electoral processes upon the invitation of the country where they will be held.
It is widely known among members of the Union that electoral observation is one of the most recurrent activities of this regional mechanism. This statement is based on the fact that the Center for Electoral Promotion and Assistance of the Inter-American Institute of Human Rights (IIHR-CAPEL), in its use of powers as Executive Secretariat of the Association of Central American and the Caribbean Electoral Authorities (Tikal Protocol), the Association of South American Electoral Authorities (Quito Protocol) and the UNIORE itself, has coordinated more than 240 electoral observation missions in 22 countries between April 1985 and June 2012.
The permanence and continuity of this type of activities have generated a positive effect among members of the Union since the frequency of the development of electoral observation and accompaniment missions have contributed to the cohesion of the Union and their member’s knowledge.
From 10 to 12 November 2010, the X UNIORE Conference took place in Merida, Mexico. As part of agreements reached in this meeting, a Work Group responsible for developing a diagnosis and a roadmap to meet new needs and requirements of the Union was created.
This Work Group, integrated by the Chile’s Electoral Service, the National Electoral Council of Ecuador, the Supreme Electoral Tribunal of El Salvador, the Federal Election Commission of United States, the Electoral Commission of Jamaica, the Federal Electoral Institute of Mexico, the Electoral Tribunal of Judicial Power of the Federation of Mexico, the Electoral Tribunal of Panama, the Central Electoral Board of the Dominican Republic, the National Electoral Council of Venezuela and the Center for Electoral Promotion and Assistance of the Inter- American Institute of Human Rights, met in Mexico City on 13 and 14 July 2011.
The relevance of the electoral observation and accompaniment missions was reflected in the diagnosis generated by the Work Group, which established that the UNIORE is "the organization that coordinates and conducts electoral observation and accompaniment missions in the Americas and serves as referring point in other latitudes".
Therefore, as part of the roadmap for meeting the new needs of UNIORE, one of the proposed steps to follow was to “review and discuss what the statutes on electoral observation establish in order to consider its suiting to the evolution of today's reality”.
The proposals generated by the Work Group were brought to the table for discussion among members of the UNIORE during the Extraordinary Conference held on 10 and 11 November 2011 in Mexico City.
In this meeting, the Diagnosis and the roadmap developed by the Work Group were supported in order to meet the new needs of UNIORE, including those related to electoral observation.
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Simultaneously, and as part of the conclusions, the following was stated:
To develop a Draft Protocol for electoral observation within the framework of UNIORE, in which new topics, operational modalities and terms to carry out observation missions should be established.
Following the aforementioned conclusion, the Draft Protocol for UNIORE’s electoral observation missions, which collects and reflects the comments made by members of the Work Group, is placed in the table for its consideration.
The purpose of this Draft Protocol is to have a general framework, which could be used in the development of electoral observation and accompaniment missions organized as part of the activities of the Inter -American Union of Electoral Organizations.
It is important to stress out that, in compliance with the provisions established on Article Three of the Constitutive Chart of the UNIORE, the contents of this Protocol have the quality of recommendations and guidelines for the institutions that integrate the Union. In no way does it intend to compel the members of this mechanism to follow guidelines that might even go against their own legislation.
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DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES
Complying with the guidelines of the Constitutive Charter of the Union, this Protocol lists a series of recommendations for the preparation, development and completion of the international missions performed within the framework of the elections organized by the members of the Inter-American Union of Electoral Organizations (UNIORE).
Additionally, it is about integral recommendations. That is, it refers to both the possible actions to be taken by the host electoral authority or authorities, and the actions to be taken by the Executive Secretariat of the UNIORE, as well as by the representatives of electoral bodies that integrate the mission.
OBJECTIVE OF THE MISSION
1. The objective of electoral observation and accompaniment missions of the Inter-American Union of Electoral Organizations (UNIORE) is to offer the society and public opinion of the country where the election is taking place, as well as to the interested international community, an external, independent and impartial view of the electoral process from a technical perspective provided by election officials of the Americas.
CREATION OF THE MISSION
2. The authority or authorities in whose country elections will be held should define the characteristics of the integration of UNIORE’s mission, based on the following criteria: • UNIORE electoral authorities of to be invited. • Funding to be provided for each of them. • Overview of the program activities.
This information will be forwarded to the Executive Secretariat, together with the electoral authority or authorities request of support from this body.
In case the host institutions are interested in inviting other electoral authorities and international actors different from UNIORE, it may also inform the Executive Secretariat.
3. Each of the missions integrated by members of UNIORE will have a Head of Mission, who will be responsible for leading the group, collaborating with the host electoral authority or authorities and the Executive Secretariat in developing the work of the mission, as well as representing the mission with other actors, including the media.
These functions will be vested upon the President of one of the electoral bodies members of the UNIORE. The Presidency will be designated in shifts, always trying that the Head of Mission can easily communicate in the language of the host country.
The designation of the Head of Mission will be made by the host authority or authorities, after consulting with the Executive Secretariat on the officers appointed for this task.
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PREVIOUS ACCOMPANIMENT
4. In order to have a more a comprehensive accompaniment of the elections, the host authorities will agree on at least one accompaniment mission prior to Polling Day with the Executive Secretariat.
The host authorities and the Executive Secretariat will define jointly the integration, the agenda and the financing mechanisms for each mission, and they will try that the Head of the Mission takes part in it.
5. When the works of each of the missions prior to election day are over, the electoral authorities will arrange for them to have a meeting with the press in order to comment on the characteristics of the mission activities.
6. After each visit of the accompaniment mission, a report will be delivered which will be part of the materials provided for the members of the mission that will be carried out on Election Day, in case it is done before that day, and it will be part of the final Report delivered to the Executive Secretariat.
INTEGRATING THE MISSION
7. The host electoral authority or authorities will attempt, as much as possible, to invite all the members of UNIORE, stating in every case the complete financing criteria which they may offer to the guests according to their possibilities.
8. The member bodies of UNIORE invited to take part in the mission will designate their own representatives for this group, in the understanding that the members of the mission will commit to comply with the legal guidelines at all times and everywhere.
PREPARING THE MISSION
9. The host electoral authority or authorities will prepare informative material about the elections to be observed, which may include the following aspects: a. Characteristics of the Executive Power, including the election principle, requirements to take on the post, main powers and the results of the most recent election for such post. b. Characteristics of the Legislative Power, including the number of chambers that compose it, the election principle for its members. c. Characteristics of the electoral authority, including its general structure, the mechanism for the election or designations of its members, requirements for the post and main powers. d. Legal regime for political parties, including requirements for their registration, rights for financing, access to media and registration of candidates, including gender and specific population group quotas, as well as obligations, accountability among others. Also, causes for register loss. e. Considerations on the election to be observed, highlighting the posts to be elected, the competing party organizations and coalitions, main candidates, the conditions of the competition, the main characteristics of the election organization, the procedure to cast a vote and the setting of polling sites.
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Such document will be delivered to the members of the mission preferably at least 15 natural days prior to the beginning of the corresponding activity agenda.
Likewise, in case they were done, an executive summary of any prior accompaniment mission(s) carried out by UNIORE should be delivered to them.
10. The host electoral authority or authorities will prepare an Informative Program for the members of the mission during the days previous to the election. This program may contain academic activities to present the main characteristics of the electoral process going on. Host electoral authority or authorities may ask for the Executive Secretariat’s support for the preparation or development of this Program.
MISSION ACTIVITIES
11. Host electoral authority or authorities will offer, as much as possible, the logistic support for the members of the mission during their stay in the venue country, including defining a venue hotel for the mission.
12. The members of the mission, representatives of the electoral authorities that form the UNIORE, will attend each and every one of the activities of the work program offered by the host electoral authority or authorities. This is a way to show respect for the citizens of the host country, taking into consideration that the resources that sponsor the mission are a result of their tax payment.
13. The host electoral authority or authorities and the Executive Secretariat will define the number, integration and observation routes for Election Day together. They will also define the mechanisms the members of the mission will use to collect the information on what was observed during their tours.
14. When the activities corresponding to Election Day are over, host electoral authority or authorities will make the necessary arrangements for the members of the mission to hold an evaluation session, which will be held by the Head of the Mission and the Executive Secretariat. Host authorities will not take part in this session.
PREPARATION AND PRESENTATION OF THE MISSION REPORT
15. The Head of the Mission and the Executive Secretariat will prepare the final Report, including preferably compared aspects, so that comments can be read in a different context.
16. When the Report is finished, it will be presented to the host electoral authority or authorities, in an exercise where officers from such authorities, the Executive Secretariat and the Head of the Mission will analyse its main characteristics.
17. Host electoral authority or authorities will make the necessary arrangements for a public presentation of the Report, as well as for spreading it amongst potentially interested audiences.
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8. R. COMPARATIVE MATRIX OF SUGGESTIONS AND COMMENTS ABOUT THE PROTOCOL OBSERVATION MISSIONS PROJECT
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DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES (UNIORE)
The Inter-American Union of Electoral Authorities (UNIORE) Constitutive Chart establishes, as one of its objectives, to encourage the participation of its members as observers in the electoral processes upon the invitation of the country where they will be held.
It is widely known among members of the Union that electoral observation is one of the most recurrent activities of this regional mechanism. This statement is based on the fact that the Center for Electoral Promotion and Assistance of the Inter-American Institute of Human Rights (IIHR-CAPEL), in its use of powers as Executive Secretariat of the Association of Central American and the Caribbean Electoral Authorities (Tikal Protocol), the Association of South American Electoral Authorities (Quito Protocol) and the UNIORE itself, has coordinated more than 240 electoral observation missions in 22 countries between April 1985 and June 2012.
The permanence and continuity of this type of activities have generated a positive effect among members of the Union since the frequency of the development of electoral observation and accompaniment missions have contributed to the cohesion of the Union and their member’s knowledge.
From 10 to 12 November 2010, the X UNIORE Conference took place in Merida, Mexico. As part of agreements reached in this meeting, a Work Group responsible for developing a diagnosis and a roadmap to meet new needs and requirements of the Union was created.
This Work Group, integrated by the Chile’s Electoral Service, the National Electoral Council of Ecuador, the Supreme Electoral Tribunal of El Salvador, the Federal Election Commission of United States, the Electoral Commission of Jamaica, the Federal Electoral Institute of Mexico, the Electoral Tribunal of Judicial Power of the Federation of Mexico, the Electoral Tribunal of Panama, the Central Electoral Board of the Dominican Republic, the National Electoral Council of Venezuela and the Center for Electoral Promotion and Assistance of the Inter- American Institute of Human Rights, met in Mexico City on 13 and 14 July 2011.
The relevance of the electoral observation and accompaniment missions was reflected in the diagnosis generated by the Work Group, which established that the UNIORE is "the organization that coordinates and conducts electoral observation and accompaniment missions in the Americas and serves as referring point in other latitudes".
Therefore, as part of the roadmap for meeting the new needs of UNIORE, one of the proposed steps to follow was to “review and discuss what the statutes on electoral observation establish in order to consider its suiting to the evolution of today's reality”.
The proposals generated by the Work Group were brought to the table for discussion among members of the UNIORE during the Extraordinary Conference held on 10 and 11 November 2011 in Mexico City.
In this meeting, the Diagnosis and the roadmap developed by the Work Group were supported in order to meet the new needs of UNIORE, including those related to electoral observation.
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Simultaneously, and as part of the conclusions, the following was stated:
To develop a Draft Protocol for electoral observation within the framework of UNIORE, in which new topics, operational modalities and terms to carry out observation missions should be established.
Following the aforementioned conclusion, the Draft Protocol for UNIORE’s electoral observation missions, which collects and reflects the comments made by members of the Work Group, is placed in the table for its consideration.
The purpose of this Draft Protocol is to have a general framework, which could be used in the development of electoral observation and accompaniment missions organized as part of the activities of the Inter -American Union of Electoral Organizations.
It is important to stress out that, in compliance with the provisions established on Article Three of the Constitutive Chart of the UNIORE, the contents of this Protocol have the quality of recommendations and guidelines for the institutions that integrate the Union. In no way does it intend to compel the members of this mechanism to follow guidelines that might even go against their own legislation.
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DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES
Complying with the guidelines of the Constitutive Charter of the Union, this Protocol lists a series of recommendations for the preparation, development and completion of the international missions performed within the framework of the elections organized by the members of the Inter-American Union of Electoral Organizations (UNIORE).
Additionally, it is about integral recommendations. That is, it refers to both the possible actions to be taken by the host electoral authority or authorities, and the actions to be taken by the Executive Secretariat of the UNIORE, as well as by the representatives of electoral bodies that integrate the mission.
OBJECTIVE OF THE MISSION
Article Observations1 1. The objective of electoral CEB of The Dominican Republic observation and accompaniment The following is highlighted in yellow: “THE objective of the missions of the Inter-American electoral observation and accompaniment missions of the Inter- Union of Electoral Organizations American Union of Electoral Organisms (UNIORE) is to offer the (UNIORE) is to offer the society and national electoral authorities ....” public opinion of the country where the election is taking place, as well SET of Guatemala as to the interested international “The Observers, in response to a previous invitation, have an community, an external, Objective: to develop their brief administrative period in a responsible independent and impartial view of manner and to show a positive disposition towards teamwork, doing the electoral process from a so with prudence and respect, seeking to abide to the observation technical perspective provided by regulations of each electoral Organ and of each country’s nature” election officials of the Americas. NEC of Ecuador The first word “EL” (THE) has two capital letters, when the appropriate would be “El” (The), due to it being the first word at the beginning of the paragraph.
1 In this space, the Executive Secretariat has included the observations that each Electoral Organism contributed for each article.
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CREATION OF THE MISSION
Article Observations 2. The authority or authorities in whose country CEB of The Dominican Republic elections will be held should define the Replaces this article’s last paragraph with “The characteristics of the integration of UNIORE’s electoral authorities or other international actors mission, based on the following criteria: that do not belong to the UNIORE and that are • UNIORE electoral authorities of to be invited. invited by the host entities will not be part of • Funding to be provided for each of them. UNIORE’s observation mission”. • Overview of the program activities. SET of Costa Rica This information will be forwarded to the Executive Observations: Secretariat, together with the electoral authority or “…for the Executive Secretariat to be authorities request of support from this body. informed if the host organism decides to invite electoral authorities and international actors In case the host institutions are interested in inviting besides the UNIORE”. other electoral authorities and international actors “…the Union’s group will always act with different from UNIORE, it may also inform the independence in relation to other observers. Executive Secretariat. This group will precisely deal with the
indicated characteristics that make up its particular purpose, which implies that the evaluation session will be held with at least the sole participation of the members of the UNIORE.”
Electoral Tribunal of Mexico The acronym UNIORE, as written in its second mention, is in incorrect order.
NEC of Ecuador … The following is written in the first bullet of the second item: “Electoral Authorities that make up the UNOIRE that will be invited”, when the correct would be writing “UNIORE”.
… in this item’s last paragraph, the following is literally pointed out: “In case that the host entities are interested in inviting electoral authorities and
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other international actors besides UNIORE’s members, “it may also notify this to the Executive Secretariat” The highlighted text must be in its plural form in order to be in syntactic accordance to the phrase “they may”. “It is recommended to write the last paragraph in the following way: In case the host entities are interested in inviting electoral authorities other than UNIORE’s members, they may also notify the Executive Secretariat, if they consider this pertinent in order to attain cooperation between the international missions”.
Article Observations 3. Each of the missions CEB of The integrated by members of Dominican UNIORE will have a Head Republic of Mission, who will be Second paragraph. It is suggested for it to say “these tasks will be a responsible for leading responsibility of the Presidency of the UNIORE ...”: the group, collaborating with the host electoral Third paragraph: It is suggested for it to say “the appointment of the authority or authorities Head of the Mission will be done by the Presidency of the UNIORE and the Executive ...”
Secretariat in developing the work of the mission, as well as representing SET of Costa Rica the mission with other “We suggest revising the proposal, since it attributes the local actors, including the electoral organism the power to define the Head of the Mission, while media. this would seem to be incompatible with the autonomy that the Mission must also have in relation to the host”. These functions will be vested upon the President of one of SET of Guatemala the electoral bodies members “We recommend for there to be an indication of how the Head of the of the UNIORE. The Observation Mission is elected, so that its other members can Presidency will be designated strengthen the team that they will make up and so that they may offer in shifts, always trying that the their abilities in order for work to be shared. The Head of the Mission is Head of Mission can easily responsible of representing all of the UNIORE’s members.” communicate in the language of the host country. “One of the necessary conditions of the Head of the Mission is for her- him to speak the country’s language. This will avoid additional The designation of the Head of translation expenses for the host country”. Mission will be made by the host authority or authorities, Electoral Tribunal of Mexico after consulting with the It is suggested to leave only the last paragraph’s first part of the sentence: “The selection of the Head of the mission will be done by the
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Executive Secretariat on the host electoral authority or authorities”; and allow for consultations to officers appointed for this task. the Executive Secretariat to be by agreements between the host and the organizer”
NEC of Ecuador “In this regards, in relation to the goal of keeping harmony regarding each country’s discretional and regulatory faculties for the application of the criteria of observation and accompaniment, it is considered important to always be able to count on consultations to the Executive Secretariat, leaving evidence that such pronouncement is not binding; that it is for reference purposes. In virtue of this, the following reform to the mentioned text is suggested: The designation of the Head of the Mission will be done by the host electoral authority or authorities, with a previous, non-binding consultation to the Executive Secretariat regarding officials that have been designated for such task.” “In the penultimate paragraph, which refers to ……., the possible participation of the delegate of the President of the member electoral organisms must be included, since this guarantees more effectiveness. Substituting the words “conflicting with” (“pugnando”) for “making sure” It is also recommended” is also suggested, with the text resulting in the following way: These tasks will fall on the President of some of the UNIORE’s member electoral authorities or its delegate, being the case that this task will be assigned in a rotating manner and always making sure that the Head of the Mission is able to communicate in the host country. Canada’s Elections A clarification must be made regarding the process of designating Heads of the Missions (for example, whether the decision is made by the “EMB” or whether the position is rotating, among others). The time available for the electoral authorities to assign tasks and to name Heads of Mission should be taken into account.
TCE ECUADOR
“In virtue of the nature of the electoral accompaniment and observation missions, I believe they must keep certain distance in relation to the observed or host institutions. In this regards, the Protocol Draft, the subject under study, defines, among other faculties, the host institution’s ability to define who will be the person that will act as a Head of the Mission, which definitely diminishes the Independence of the observer group”.
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PREVIOUS ACCOMPANIMENT
Article Observations 4. In order to have a more a comprehensive CEB of The accompaniment of the elections, the host authorities Dominican will agree on at least one accompaniment mission prior Republic to Polling Day with the Executive Secretariat. The first paragraph suggests “With the intention of having a more comprehensive or holistic The host authorities and the Executive Secretariat will accompaniment to the elections in which the define jointly the integration, the agenda and the mission participates, the host authority or financing mechanisms for each mission, and they will authorities will seek an agreement with UNIORE’s try that the Head of the Mission takes part in it. P resid en cy and E xecutive Se cre t ariat …”
SET of Costa Rica “Regarding the previous accompaniment that has been proposed in the protocol, it would be important to evaluate the possibility of being able to define, with due anticipation, which are the main themes of interest for each specific mission. This would allow the electoral organisms to continue being able to follow-up or support the participation of technical or expert personnel in these themes, thus enriching the mission’s judgment.”
SET of Guatemala “Previous to, during and after the electoral event, the Observer is generally present on the previous and subsequent days. It is usually a large group and its observation efforts must be direct and based on already defined parameters and methodologies, while giving the Observers opportunities to include their own recommendations” “To state that this one will be coordinated by UNIORE’s Executive Secretariat, which is the link between the host country and the Observers, so that the Secretariat (who knows the designated ones) can send them the details of the accompaniment mission before the election’s day”
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Article Observations 5. When the works of each of the missions prior to NEC of Ecuador election day are over, the electoral authorities will …The following wording is recommended: “Upon arrange for them to have a meeting with the press in completion of each one of the previous order to comment on the characteristics of the mission accompaniment missions’ tasks, the electoral activities. authority or authorities will make sure that they have an encounter with the press, in order to comment on the characteristics of the activity, while observing the provisions that the host’s internal legislations may have in relation to this”.
Article Observations 6. After each visit of the accompaniment mission, CEB of The Dominican Republic a report will be delivered which will be part of the The only paragraph suggests: “After each materials provided for the members of the mission accompaniment mission’s visit, a report will be that will be carried out on Election Day, in case it created. This report will be part of the resources is done before that day, and it will be part of the that will be given to the members of the mission final Report delivered to the Executive Secretariat. that will take place on election’s day, in case these are ready before that date. They will also be included in the Final Report that will be turned in to the Head of the Mission and to the Executive Secretariat.”
NEC of Ecuador It is recommended to include the word “of” in “After the visit of each accompaniment mission, a report that will be part of the resources that will be given to the members of the mission on the election’s day will be given to them, in case these inputs are ready before that date. They will also be a part of the Final Report that will be turned in to the Executive Secretariat.”
INTEGRATING THE MISSION
Article Observations 7. The host electoral authority or CEB of The authorities will attempt, as much Dominican as possible, to invite all the Republic members of UNIORE, stating in The only paragraph suggests “The host electoral authority will try, to every case the complete financing the extent that it is possible, to invite all of the UNIORE’s members, the criteria which they may offer to the case always being that it will point out which are the funding criteria guests according to their that it will be able to offer each one of the guests, within its possibilities. possibilities, and following standards of reciprocity”.
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Article Observations 8. The member bodies of UNIORE invited to take part NEC of Ecuador in the mission will designate their own representatives It is recommended to include the word to… for this group, in the understanding that the members “Those UNIORE’s member organisms that have of the mission will commit to comply with the legal been invited to become part of the mission will guidelines at all times and everywhere. appoint their respective representatives in that group, understanding that the members of the mission commit to abiding to the applicable legal guidelines at all times and places.
NEC of Ecuador “…that each invited person and organism can name at least two members that can receive the respective instructions for carrying out the recommended tasks. In this way, given that we are talking about authorities and electoral officials that carry out their duties in their respective countries, and given that the electoral observation missions can count on more than one trained person that could take the lead in case its partner is unable to act, whatever the reason may be.”
PREPARING THE MISSION
Article Observations 9. The host electoral authority or authorities will SET of Guatemala prepare informative material about the elections to be “The informative inputs that each host country observed, which may include the following aspects: provides (in Guatemala it is called Manual for a. Characteristics of the Executive Power, International Observation 2011 and is currently in including the election principle, force) must be recognized by the majority of the requirements to take on the post, main countries as part of the legislation of the place powers and the results of the most because it comes from the Highest Electoral recent election for such post. Authorities of that place, reason for which it is b. Characteristics of the Legislative Power, expected for it to be respected and abided to. The including the number of chambers that informative input is prepared for the Observer and compose it, the election principle for its does not hinder it from making its own research members. and from promoting an academic, technical c. Characteristics of the electoral authority, dialogue whenever the Informative Program is including its general structure, the carried out, this being stated in the point 10 that the mechanism for the election or Project describes. The Observer will use this designations of its members, opportunity to expand or clarify any information it
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requirements for the post and main may already have about the host country.” powers. d. Legal regime for political parties, NEC of Ecuador including requirements for their “….regarding the preparation of informative registration, rights for financing, access inputs about the elections that will be witnessed, to media and registration of candidates, we consider that the word could should be including gender and specific population substituted for the word must. In this way, the group quotas, as well as obligations, currently discretionary faculty will become a accountability among others. Also, requisite in the inclusion of sections for the causes for register loss. respective report.” e. Considerations on the election to be observed, highlighting the posts to be “… in relation to the presentation of the report, elected, the competing party the deadline must be established as a requisite organizations and coalitions, main and not as a recommendation of discretionary candidates, the conditions of the character. In this way, both of these two competition, the main characteristics of suggestions become harmonized in the last the election organization, the procedure paragraph, which explicitly and mandatorily to cast a vote and the setting of polling states that: “an executive summary of the sites. accompaniment mission or missions must be sent before those made by the UNIORE”. Such document will be delivered to the members of the mission preferably at least 15 natural days Canada’s Elections prior to the beginning of the corresponding activity Turning in a priori information about the agenda. electoral system and the context of the elections to the observers will be of great help to them. Likewise, in case they were done, an executive Such information must include explanations summary of any prior accompaniment mission(s) about the recent electoral reforms, new carried out by UNIORE should be delivered to administrative measures, the legal framework, them. and counting and categorizing of votes. Reports on previous missions can also be distributed among the mission’s members.
The information programs must include meetings with important actors of the electoral process (candidates and political parties, civil society and domestic observation groups). This information will contribute to broadening the observers’ understanding of the context.
Article Observations 10. The host electoral NEC of authority or authorities will Ecuador prepare an Informative “…the analyzed draft states that the electoral authority of the host country,
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Program for the members along with the Executive Secretariat’s, defines the mission’s composition of the mission during the and agenda. In this sense, I consider that the organism under observation’s days previous to the determining of its own agenda would not be coherent with the nature of the election. This program may observation mission, since this organism could exclude one or many of its contain academic activities branches from the verification process, as it could do with other elements to present the main that are indispensable in order to confirm the veracity and transparency of characteristics of the the electoral processes.” electoral process going on. Host electoral authority or NEC of authorities may ask for the Ecuador Executive Secretariat’s “….I suggest for one of the points to be reviewed to maintain a relation with support for the preparation the socio-political, cultural and ethnic context of the host country, in order to or development of this have more contextualized information about the reality of such State, thus Program. also avoiding inadequate or imprudent actions, while also being able to offer better judgment elements for creating a more objective report.”
MISSION ACTIVITIES
Article Observations 11. Host electoral authority or authorities will offer, as much as possible, the logistic support for the members of the mission during their stay in the venue country, including defining a venue hotel for the mission.
Article Observations 12. The members of the mission, CEB of The Dominican representatives of the electoral Republic authorities that form the UNIORE, will The only paragraph suggests “The mission’s members, attend each and every one of the representatives of the electoral authorities that make up the activities of the work program offered by UNIORE, w ill ass ure that ...” the host electoral authority or authorities. This is a way to show respect for the SET of Guatemala citizens of the host country, taking into “An addition could be that the UNIORE Mission’s members must consideration that the resources that show discretion, objectivity, impartiality and neutrality in the sponsor the mission are a result of their exercise of their tasks, besides the punctuality that point 12 of the tax payment. Project mentions. The mechanisms that will be used for gathering data will doubtlessly result in a document that the Secretariat will provide beforehand, as can be assumed from previous experience with such mentioned organ. The Evaluation Session of the elections in the country that is being visited will be enriched with all the conclusions and recommendations by the Observers.”
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Electoral Tribunal of Mexico “The first sentence is enough for an accurate understanding. The second sentence could be deleted.”
Article Observations 13. The host electoral authority or authorities and the Executive Secretariat will define the number, integration and observation routes for Election Day together. They will also define the mechanisms the members of the mission will use to collect the information on what was observed during their tours.
Article Observations 14. When the activities corresponding to Election Day Canada’s are over, host electoral authority or authorities will Elections make the necessary arrangements for the members of The Protocol must include information about the the mission to hold an evaluation session, which will be routes of observation; for example, the number of held by the Head of the Mission and the Executive voting centers that will be visited (including the Secretariat. Host authorities will not take part in this possibility of visiting other observation centers) session. and the different stages of the process to be observed (opening of centers, scrutiny, categorization and other special voting procedures). (translation)
PREPARATION AND PRESENTATION OF THE MISSION REPORT
Article Observations 15. The Head of the Mission and the Executive SET of Secretariat will prepare the final Report, including Guatemala preferably compared aspects, so that comments can “As a final document, it will gather all the findings be read in a different context. and contributions from all of the observers and members of the Mission. The composition of its final version will be responsibility of the Head of the legal framework, and counting and categorizing of votes. Reports on previous missions can also be distributed among the mission’s members. The information programs must include meetings with important actors of the electoral process (candidates and political parties, civil society and domestic observation groups). This information will contribute to broadening the observers’ understanding of the context.
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Article Observations 16. When the Report is finished, it will be presented to the host electoral authority or authorities, in an exercise where officers from such authorities, the Executive Secretariat and the Head of the Mission will analyse its main characteristics.
Article Observations 17. Host electoral authority or authorities will make NEC of the necessary arrangements for a public presentation Ecuador of the Report, as well as for spreading it amongst I suggest including the phrase the potentially potentially interested audiences. interested public. “The host electoral authority or authorities will make the necessary arrangements for there to be a public presentation of the Report and to disseminate it among the potentially interested public”
13 191
8. OBSERVATION PROTOCOL
8. S. NEW DRAFT PROPOSAL SUBMITTED BY THE PRESIDENCY OF UNIORE
192 DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES (UNIORE)
The Inter-American Union of Electoral Authorities (UNIORE) Constitutive Chart establishes, as one of its objectives, to encourage the participation of its members as observers in the electoral processes upon the invitation of the country where they will be held.
It is widely known among members of the Union that electoral observation is one of the most recurrent activities of this regional mechanism. This statement is based on the fact that the Center for Electoral Promotion and Assistance of the Inter-American Institute of Human Rights (IIHR-CAPEL), in its use of powers as Executive Secretariat of the Association of Central American and the Caribbean Electoral Authorities (Tikal Protocol), the Association of South American Electoral Authorities (Quito Protocol) and the UNIORE itself, has coordinated more than 240 electoral observation missions in 22 countries between April 1985 and June 2012.
The permanence and continuity of this type of activities have generated a positive effect among members of the Union since the frequency of the development of electoral observation and accompaniment missions have contributed to the cohesion of the Union and their member’s knowledge.
From 10 to 12 November 2010, the X UNIORE Conference took place in Merida, Mexico. As part of agreements reached in this meeting, a Work Group responsible for developing a diagnosis and a roadmap to meet new needs and requirements of the Union was created.
This Work Group, integrated by the Chile’s Electoral Service, the National Electoral Council of Ecuador, the Supreme Electoral Tribunal of El Salvador, the Federal Election Commission of United States, the Electoral Commission of Jamaica, the Federal Electoral Institute of Mexico, the Electoral Tribunal of Judicial Power of the Federation of Mexico, the Electoral Tribunal of Panama, the Central Electoral Board of the Dominican Republic, the National Electoral Council of Venezuela and the Center for Electoral Promotion and Assistance of the Inter-American Institute of Human Rights, met in Mexico City on 13 and 14 July 2011.
The relevance of the electoral observation and accompaniment missions was reflected in the diagnosis generated by the Work Group, which established that the UNIORE is "the organization that coordinates and conducts electoral observation and accompaniment missions in the Americas and serves as referring point in other latitudes".
Therefore, as part of the roadmap for meeting the new needs of UNIORE, one of the proposed steps to follow was to “review and discuss what the statutes on electoral observation establish in order to consider its suiting to the evolution of today's reality”.
The proposals generated by the Work Group were brought to the table for discussion among members of the UNIORE during the Extraordinary Conference held on 10 and 11 November 2011 in Mexico City.
In this meeting, the Diagnosis and the roadmap developed by the Work Group were supported in order to meet the new needs of UNIORE, including those related to electoral observation.
Simultaneously, and as part of the conclusions, the following was stated:
To develop a Draft Protocol for electoral observation within the framework of UNIORE, in which new topics, operational modalities and terms to193 carry out observation missions should be established.
Following the aforementioned conclusion, the Draft Protocol for UNIORE’s electoral observation missions, which collects and reflects the comments made by members of the Work Group, is placed in the table for its consideration.
The purpose of this Draft Protocol is to have a general framework, which could be used in the development of electoral observation and accompaniment missions organized as part of the activities of the Inter -American Union of Electoral Organizations.
It is important to stress out that, in compliance with the provisions established on Article Three of the Constitutive Chart of the UNIORE, the contents of this Protocol have the quality of recommendations and guidelines for the institutions that integrate the Union. In no way does it intend to compel the members of this mechanism to follow guidelines that might even go against their own legislation.
DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES
Complying with the guidelines of the Constitutive Charter of the Union, this Protocol lists a series of recommendations for the preparation, development and completion of the international missions performed within the framework of the elections organized by the members of the Inter-American Union of Electoral Organizations (UNIORE).
Additionally, it is about integral recommendations. That is, it refers to both the possible actions to be taken by the host electoral authority or authorities, and the actions to be taken by the Executive Secretariat of the UNIORE, as well as by the representatives of electoral bodies that integrate the mission.
OBJECTIVE OF THE MISSION
1. The objective of electoral observation and accompaniment missions of the Inter-American Union of Electoral Organizations (UNIORE) is to offer the society and public opinion of the country where the election is taking place, as well as to the interested international community, an external, independent and impartial view of the electoral process from a technical perspective provided by election officials of the Americas.
CREATION OF THE MISSION
1. The authority or authorities in whose country elections will be held should define the characteristics of the integration of UNIORE’s mission, based on the following criteria: • UNIORE electoral authorities of to be invited. • Funding to be provided for each of them. • Overview of the program activities.
This information will be forwarded to the Executive Secretariat, together with the electoral authority or authorities request of support from this body.
In case the host institutions are interested in inviting other electoral authorities and international actors different from UNIORE, it may also inform the Executive Secretariat.
2. Each of the missions integrated by members of UNIORE will have a Head of Mission, who will be responsible for leading the group, collaborating194 with the host electoral authority or authorities and the Executive Secretariat in developing the work of the mission, as well as representing the mission with other actors, including the media.
These functions will be vested upon the President of one of the electoral bodies members of the UNIORE. The Presidency will be designated in shifts, always trying that the Head of Mission can easily communicate in the language of the host country.
The designation of the Head of Mission will be made by the host authority or authorities, after consulting with the Executive Secretariat on the officers appointed for this task.
PREVIOUS ACCOMPANIMENT
1. In order to have a more a comprehensive accompaniment of the elections, the host authorities will agree on at least one accompaniment mission prior to Polling Day with the Executive Secretariat.
The host authorities and the Executive Secretariat will define jointly the integration, the agenda and the financing mechanisms for each mission, and they will try that the Head of the Mission takes part in it.
2. When the works of each of the missions prior to election day are over, the electoral authorities will arrange for them to have a meeting with the press in order to comment on the characteristics of the mission activities.
3. After each visit of the accompaniment mission, a report will be delivered which will be part of the materials provided for the members of the mission that will be carried out on Election Day, in case it is done before that day, and it will be part of the final Report delivered to the Executive Secretariat.
INTEGRATING THE MISSION
4. The host electoral authority or authorities will attempt, as much as possible, to invite all the members of UNIORE, stating in every case the complete financing criteria which they may offer to the guests according to their possibilities.
5. The member bodies of UNIORE invited to take part in the mission will designate their own representatives for this group, in the understanding that the members of the mission will commit to comply with the legal guidelines at all times and everywhere.
PREPARING THE MISSION
6. The host electoral authority or authorities will prepare informative material about the elections to be observed, which may include the following aspects: a. Characteristics of the Executive Power, including the election principle, requirements to take on the post, main powers and the results of the most recent election for such post. b. Characteristics of the Legislative Power, including the number of chambers that compose it, the election principle for its members.195 c. Characteristics of the electoral authority, including its general structure, the mechanism for the election or designations of its members, requirements for the post and main powers. d. Legal regime for political parties, including requirements for their registration, rights for financing, access to media and registration of candidates, including gender and specific population group quotas, as well as obligations, accountability among others. Also, causes for register loss. e. Considerations on the election to be observed, highlighting the posts to be elected, the competing party organizations and coalitions, main candidates, the conditions of the competition, the main characteristics of the election organization, the procedure to cast a vote and the setting of polling sites.
Such document will be delivered to the members of the mission preferably at least 15 natural days prior to the beginning of the corresponding activity agenda.
Likewise, in case they were done, an executive summary of any prior accompaniment mission(s) carried out by UNIORE should be delivered to them.
7. The host electoral authority or authorities will prepare an Informative Program for the members of the mission during the days previous to the election. This program may contain academic activities to present the main characteristics of the electoral process going on. Host electoral authority or authorities may ask for the Executive Secretariat’s support for the preparation or development of this Program.
MISSION ACTIVITIES
8. Host electoral authority or authorities will offer, as much as possible, the logistic support for the members of the mission during their stay in the venue country, including defining a venue hotel for the mission.
9. The members of the mission, representatives of the electoral authorities that form the UNIORE, will attend each and every one of the activities of the work program offered by the host electoral authority or authorities. This is a way to show respect for the citizens of the host country, taking into consideration that the resources that sponsor the mission are a result of their tax payment.
10. The host electoral authority or authorities and the Executive Secretariat will define the number, integration and observation routes for Election Day together. They will also define the mechanisms the members of the mission will use to collect the information on what was observed during their tours.
11. When the activities corresponding to Election Day are over, host electoral authority or authorities will make the necessary arrangements for the members of the mission to hold an evaluation session, which will be held by the Head of the Mission and the Executive Secretariat. Host authorities will not take part in this session.
PREPARATION AND PRESENTATION OF THE MISSION REPORT 196 12. The Head of the Mission and the Executive Secretariat will prepare the final Report, including preferably compared aspects, so that comments can be read in a different context.
13. When the Report is finished, it will be presented to the host electoral authority or authorities, in an exercise where officers from such authorities, the Executive Secretariat and the Head of the Mission will analyse its main characteristics.
14. Host electoral authority or authorities will make the necessary arrangements for a public presentation of the Report, as well as for spreading it amongst potentially interested audiences.
197
9. FOUNDING CHARTER REFORM PROPOSALS
9. T. CENTRAL ELECTORAL BOARD OF DOMINICAN REPUBLIC
Received by the Executive Secretariat 02/21/13
198 PROPOSAL FOR THE MODIFYING
THE TEXT OF THE UNIORE’S CHARTER
Considering:
a. The inherent nature of the UNIORE as a space for exchange and as a voluntary organization between the Hemisphere’s Electoral Organs
b. The objectives of the UNIORE: A) To increase cooperation between the Associations that make up the Union, as well as between the Electoral Organisms that make up the Union. B) To promote the exchange of information about the electoral regimens. C) To stimulate the participation of representatives of the member Organisms to electoral processes as Observers, with previous invitation by the country in which they take place, who will have to provide the necessary facilities to the extent allowed by its resources. CH) To create general recommendations to the Union’s member Organisms. D) To promote secure, efficient and democratic electoral systems in which free, universal and secret voting is guaranteed. E) To provide support and assistance to the Electoral Organisms that request so, to the extent allowed by its resources.
c. The contents of “Report on the Session of UNIORE’s Work Group”, a product of the Extraordinary Meeting (November 11 and 12, in Mexico City) in its respective parts.
d. Considering the eighth clause, in the respective part that states the temporary character of who carries out the executive secretariat, by pointing out that “... it will be carried out by CAPEL, unless otherwise provided.”
The following modifications are proposed:
1) To replace, in the third paragraph of the Fourth clause, the phrase “who will so notify to the Executive Secretariat, which in consultancy with the Committee mentioned in the Sixth Clause” by this phrase: “who will so notify to the Presidency of the Committee of Coordination and Follow Up (COSEC)”
Proposal of modifications to the Charter of UNIORE 1
199 2) In the first paragraph of the Sixth clause, the following phrase is deleted: “and by the Executive Secretary” and to include the acronym “COSEC” right next to the Committee of Coordination and Follow Up
3) To modify the first phrase of the second paragraph of the Sixth clause for the following: “The Presidency of the Committee of Coordination and Follow Up will be exercised by (...)”
4) To add a third paragraph to the sixth clause: “The Presidency of the Committee of Follow Up and Coordination (COSEC) will have the representation of the Union in the assignments described in this Act, as in those tasks assigned by the Ordinary and Extraordinary Conferences”
5) The letters A, C and CH are transferred from the Eighth Clause to the Seventh, these then becoming letters D, E and F of the Seventh Clause.
6) A letter G is added to the Seventh clause “The Committee of Follow up and Coordination (COSEC) will be able to create the temporary bodies it considers necessary for its good performance”
7) To replace the Eight Clause for the following: “The Committee of Follow Up and Coordination will be able to carry out the consultancies and requirements about specific matters related to its own work, to the Inter-American Center for Electoral Promotion and Advisory (CAPEL), which will be a consultative organ and a Union associated advisor.”
8) To modify the Eighth clause, so that it says the following: “The administrative technical body of the UNIORE is the Executive Secretariat. To fill this position, an electoral organ will be elected, also during the Ordinary Conference, so that this one can take office for a two-year period.”
9) To modify the Eighth clause, letter B becomes letter A, as follows: “To cooperate with the Presidency of COSEC in executing the programs and projects that have been approved in the Ordinary and Extraordinary Conferences.”
Proposal of modifications to the Charter of UNIORE 2
200 10) Add the following to the Eighth clause, listed as letter B: “To direct the execution of programs and projects that were approved in the Ordinary and Extraordinary Conferences.”
11) In the Eighth clause, the letter D becomes letter C.
12) To replace in the Ninth clause, first paragraph, the words “to the Executive Secretariat” for “to the COSEC”
Proposal of modifications to the Charter of UNIORE 3
201
9. FOUNDING CHARTER REFORM PROPOSALS
9. U. QUALIFIYING ELECTIONS TRIBUNAL OF CHILE
Received by the Executive Secretariat
03/08/13
202 QUALIFYING ELECTIONS TRIBUNAL CHILE
OFFICIAL LETTER N˚ 69-2013
Santiago. March 8, 2013.
FROM : MR. PRESIDENT
QUALIFYING ELECTIONS TRIBUNAL
REPUBLIC OF CHILE
TO : MR. DIRECTOR
CENTER FOR ELECTORAL PROMOTION AND ASSISTANCE
MR. JOSE THOMPSON
REPUBLIC OF COSTA RICA
During the extraordinary session that was held today and in virtue of what was agreed upon during the Extraordinary Meeting of the UNIORE, which took place on February 13, 2013 in the Republic of Ecuador, the Qualifying Elections Tribunal decided to send you this Tribunal’s proposal for modifying the Founding Charter of the Inter-American Union of Electoral Organisms.
Best regards,
PATRICIO VALDES ALDUNATE
PRESIDENT
LUCIA MEZA OJEDA
Reporting Secretary (S)
203 QUALIFYING ELECTIONS TRIBUNAL CHILE
Proposes Modification of Founding Charter
UNIORE
Modern democracies are rapidly advancing towards greater citizen participation. In some latitudes, this process requires that the amount of bodies that each State has available for improving their own democratic systems grows day after day.
For its part, the Inter-American Union of Electoral
Organisms’ purpose is to serve as a space for international cooperation on electoral affairs. However, like any international body, in order to fulfill its goals it requires for every State to be represented in relation to others in an equitable way.
It is for this reason that this Tribunal proposes to limit the number of organisms with which each State participates in the UNIORE. On the one hand, this would
204 QUALIFYING ELECTIONS TRIBUNAL CHILE ensure certain level of equality between the member countries. On the other hand, this would also guarantee that only the hierarchically highest and most relevant bodies will participate in this important international agency.
Reform Project
Sole Article.- Insert the following section between the first section and the present second one of the first clause of the Inter-American Union of Electoral Organisms’
Founding Charter:
“Up to three electoral bodies per State Party will be able to become members of the organization.”
205
9. FOUNDING CHARTER REFORM PROPOSALS
9. V. CENTRAL ELECTORAL BOARD OF VENEZUELA
Received by the Executive Secretariat 03/15/13
206
Bolivarian Republic of Venezuela f8'WtJ;;o j jÍacA:od cfflooúwd
eJukJtÚa PRES N° 0/07!2013
Caracas. March 15, 20 13
Mr. Roberto Rosario President of the Central Electoral Board Dominican Republic
Dear Mr. President,
I am writing you in order to send you a proposal that will be made known and discussed during the next Extraordinary Conference of the Inter-American Union of Electoral Organisms (UNIORE). It is proposed for the following articles to be included in the Charter:
l. The UNIORE’s Executive Secretary must periodically submit accounts to the Conference of Electoral Organism, including those of its administration, resources, commitments and projects it is responsible for.
2. All the member electoral organisms must be made known and asked about all initiatives related to the organization and development of the Electoral Observation Missions, for their adequate configuration and implementation.
I With nothing further to add, I reiterate my appreciation and highest consideration.
Sincerely yours,
207
9. FOUNDING CHARTER REFORM PROPOSALS
9. W. SUPREME ELECTORAL TRIBUNAL OF GUATEMALA
Received by the Executive Secretariat 03/22/13
208 Supreme Electoral Tribunal
SGO- 689 3-2013 Guatemala. March 21, 2013 rxr.l\'o. R-4_1';9-201 JGMH/evgp
Mister José Thompson Director Center for Electoral Promotion and Assistance Present.
I hereby address you in regards to your March 12 official letter (reference CAPEL 032-2013), which states that the Qualifying Elections Tribunal of Chile will send a proposal for modifying the Charter that suggests limiting the number of organisms with which each State participates in the UNIORE to three, in order to assure certain parity between all member countries. It proposes for only the hierarchically highest and most relevant bodies to participate in this international agency, with up to three international bodies per State party being able to become members.
In this regards, I inform you that the Plenary of Magistrates of the Supreme Electoral Tribunal (on its March 20, 2013 session) agreed to respond that regardless of the number of organisms with which each state participates in the UNIORE, there should only be one vote per country, in order to assure equity and equality of participation per member State.
Without further ado, I extend you my best regards,
¡,,, aveo1d,1 0·1zona 2. GuJtemal.l, ( A_ • lirw.1 dire<:!J 1580 • PBX 2.fD OJOl • plant,l: 22101112 ,11; sitio wd1: www.t t·.org.gt • e-m,1il: [email protected] 209
9. FOUNDING CHARTER REFORM PROPOSALS
9. X. NATIONAL ELECTIONS BOARD OF PERU
Received by the Executive Secretariat 04/02/13
210 "Year of the Investment for Rural Development and Food Security "
Perú. March 13, 2013
Official Letter No. 0270-2013-P/NEB
Mister José Thompson Jiménez Executive Secretariat of the Inter-American Union of Electoral Organisms Dominican Republic.-
I am pleased to address you as the President of the National Elections Board (NEB) of the Republic of Peru, a member organism of the Inter-American Union of Electoral Organisms, in order to kindly greet you and to discuss the documentation that was presented during the first session of the Extraordinary Meeting that took place on February 13, 2013 in the city of Quito.
In this regards, the members of the Plenary of the National Elections Board, who represented this Supreme Electoral Organism in the previously mentioned meeting, the Permanent Full Members Mr. Baldomero Elías Ayvar Carrasco and M r . Luis Antonio Legua Aguirre have sent two small variations to the proposal for modifying the UNIORE Charter’s text to this Presidency; the variations are the following:
States: 2) The phrase “and by the Executive Secretariat” is removed from the Sixth clause, first paragraph. The acronym “COSEC” is added next to Committee of Coordination and Follow-Up.
3) Modifies the first phrase of the second paragraph, in the Sixth clause, by the following one: “The Presidency of the Committee for Coordination and Follow-Up will be exercised by (...)"
Proposal: 2) The phrase “and by the Executive Secretariat” is modified in the Sixth clause, first paragraph. The acronym “COSEC” is added next to Committee of Coordination and Follow-Up.
Second paragraph, first phrase, by the following: "The Presidency of the Committee for Coordination and Follow-Up will be exercised (...)"
With nothing further to add, I reiterate my appreciation and highest consideration.
Sincerely yours,
211
9. FOUNDING CHARTER REFORM PROPOSALS
9. Y. SUPERIOR ELECTORAL TRIBUNAL
Received by the Executive Secretariat 05/02/13
212 DOMINICAN REPUBLIC
SUPERIOR ELECTORAL TRIBUNAL
PRESIDENCY
Santo Domingo, N.D.
March 25, 2013
P-TSE-290-2013
Magistrate
Dr. Roberto Rosario Márquez
Co-President of the Inter-American Union of Electoral Organisms (UNIORE) and President of the Central Electoral Board
His office
Honorable Magistrate Rosario:
By this means of the present letter and on behalf of the Superior Electoral Tribunal’s General Assembly, I would like to present you this Tribunal’s criteria to be taken into consideration for the upcoming meeting of the Inter- American Union of Electoral Organisms (UNIORE), within the framework of the agreements reached in the extraordinary meeting was held in the city of Quito, Republic of Ecuador, on February 13, 2013.
In this respect, I am pleased to present you the following considerations:
1. To redefine the roles of the UNIORE’s Executive Secretariat and for these roles to belong to the body that fills UNIORE’s pro tempore Presidency, instead of being responsibility of the Center for Electoral Promotion and Assistance (CAPEL). 2. To set an annual fee for each election bodies that affiliate to the objective of covering the UNIORE’s Executive Secretariat’s operational expenses. 3. To establish the simple majority’s vote (meaning half plus one) as the means for approving decisions. 4. To establish a quorum of two thirds of the present members as a vote rule for making statutory changes. 5. To incorporate the National Electoral Directorate of the Ministry of Interior and Transportation of the Republic of Argentina as a member of the UNIORE.
Av. Jiménez Moya, esquina Juan de Dios Ventura Simó, Centro de los Héroes de Constanza, Maimón y Estero Hondo, Santo Domingo D.N., República Dominicana. Tel.: 809.535.0075 Ext. 3048 and 3013. Email: [email protected]. www.tse.gob.do 213 Magistrate
Dr. Roberto Rosario Márquez
Co-President of the Inter-American Union of Electoral Organisms (UNIORE) and President of the Central Electoral Board
His office
Page 2 of 2
Thanking you for your attention to the present communication, I’d like to take this opportunity to express my fondness for you,
Sincerely,
Dr. Mariano A. Rodríguez Rijo
President
Av. Jiménez Moya, esquina Juan de Dios Ventura Simó, Centro de los Héroes de Constanza, Maimón y Estero Hondo, Santo Domingo D.N., República Dominicana. Tel.: 809.535.0075 Ext. 3048 and 3013. Email: [email protected]. www.tse.gob.do 214
10. SEVERAL TOPICS
10. Z ELECTORAL COURT OF THE FEDERAL JUDICIARY OF MEXICO
Received by the Executive Secretariat 10/07/13
215 PRESENTATION OF THE NEW VOTA DATABASE IMPROVEMENTS TO DESIGN, FUNCTIONALITY AND CONTENT
www.te.gob.mx
216 217 PRESENTATION OF THE NEW
IMPROVEMENTS TO DESIGN, FUNCTIONALITY AND CONTENT
218 PRESENTATION OF THE NEW VOTA DATABASE IMPROVEMENTS TO DESIGN, FUNCTIONALITY AND CONTENT
INTRODUCTION The VOTA database (http://www.venice.coe.int/VOTA/en/start.html) is a collection of laws of Member States of the Venice Commission, as well as opinions and stu- dies prepared by the Commission, along with other international documents in the field of elections. The database was created in 2002 and includes electoral laws from over 50 countries working within the Commission.
This brochure summarizes the results of a joint effort by the Venice Commission and the Electoral Tribunal of the Federal Judiciary of Mexico (TEPJF) to improve the design and performance of the VOTA database.
4 PRESENTATION OF THE NEW VOTA DATABASE 219 BACKGROUND TO THE VOTA PROJECT The first steps towards the joint administration of the VOTA database between the Venice Commission and the TEPJF date back to November 2011 and included the following objectives:
1. To improve the systematic catalogue in three languages: Spanish, French and English. 2. To enhance the search engine and virtual interface. 3. To create a section of legal electoral documents in Spanish. 4. To include and systematize Mexican electoral laws according to the electoral-legal index of the VOTA database, opening the possibility to expand it with legal documents from Latin America.
The previous version of the database included a systematic thesaurus that allowed the selection of documents or articles about a specific topic. The most im- portant feature was a reference table through which links between articles or sec- tions of a law or a document could be created, according to the categories of the thesaurus. Officers and staff members from the Directorate General of Information Systems and from the Coordination of Jurisprudence, Monitoring and Consultation assessed the performance of the thesaurus and suggested improvements to its ad- ministration, maintenance and operation, through the implementation of advanced technical and programming tools.
Two technical meetings took place in April 2012 in Mexico City, with the par- ticipation of Mr Serguei Kouznetsov from the Elections and Referenda Division of the Secretariat of the Venice Commission. Given the complexity of the project, the TEPJF participated with staff from the Judicial and Electoral Training Center, the Coordination of Jurisprudence, Monitoring and Consultation, the Coordination of Relations with Electoral Bodies, the Coordination of Information, Documentation and Transparency, and the Directorate General of Statistics and Jurisdictional In- formation.
5 IMPROVEMENTS TO DESIGN, FUNCTIONALITY AND CONTENT 220 ASSESSMENT AND ACTION PLAN TO IMPROVE THE DATABASE During the technical meetings, the Commission and the TEPJF developed a joint plan to revamp the VOTA database and its webpage. This plan included a new gra- phic design and a more functional format for content search, which allows faster and more precise results. The plan was implemented in five stages:
Stage 1. Creating criteria for capture. Duration: one month (April to May 2012). • 312 documents were found in the original VOTA. A matrix that linked specific terms of the thesaurus with articles was created, which allowed showing more specific results when searching for documents. Stage 2. Capturing data. Duration: five months (May to September 2012). • All items available on the original VOTA were captured. • This process was completed manually, since the filing system of the original VOTA was different from the new one and did not allow for digital transfer of the information.
6 PRESENTATION OF THE NEW VOTA DATABASE 221 • Moreover, the TEPJF facilitated the indexation of documents added to the database – including texts in Spanish – and provided support to its maintenance. These activities were de- veloped at three levels, which implied the following actions by the TEPJF: 1. Texts (legislation, international instruments and other documents in Spanish) were indexed by a specialized official in electoral matters. 2. Indexed information was included in the technical sec- tion of the database through a table were references to the thesaurus were pinpointed. 3. Simultaneously, the Directorate General of Information Systems (DGS) developed the technological components of the new VOTA and allocated staff to ensure its perma- nent maintenance. Stage 3. Programming the webpage. Duration: five months for initial developments (June to October 2012) and permanent maintenance (to date). • The DGS of the TEPJF developed the technological compo- nents of the new VOTA, including a content administrator, a database and a collection of documents. • Currently, staff from the DGS responds to requests for amend- ments to the database or its webpage and supervises its per- formance.
7 IMPROVEMENTS TO DESIGN, FUNCTIONALITY AND CONTENT 222 Stage 4. Content consolidation. Duration: twelve months (October 2012 to September 2013). • An ongoing review and search for inconsistencies, omissions and classification errors is currently in place, taking into con- sideration feedback from the Secretariat of the Commission. This review will be implemented periodically, after new upda- tes to the database. Stage 5. New shared content administration. Duration: starting September 2013. • Once contents are consolidated, the TEPJF will train staff from the Venice Commission Secretariat, who will be responsible for contacting representatives of member States to request further updates to the database. • Specialized staff at the TEPJF will be responsible for the ad- ministration of content from Spanish speaking countries in Latin America.
8 PRESENTATION OF THE NEW VOTA DATABASE 223 IMPLEMENTATION OF THE WORK PLAN AND RESPONSES TO SPECIFIC REQUESTS FROM THE VENICE COMMISSION During the implementation of this work plan, several requests from the Venice Commission to improve format, content and functionality were addressed:
Table 1. Improvements related to content requested by the Venice Commission REQUEST RESPONSE
1 In some sections, the classification of All reported errors have been corrected, classifying documents according to the thesaurus the documents according to the previously agreed is incorrect. indexation criteria. TEPJF awaits validation from the Venice Commission.
Table 2. Improvements related to format requested by the Venice Commission REQUEST RESPONSE
2 Include a map of Europe in the website’s The map of Europe is now shown by default in the front page or a world map. website’s front page, offering interactive access by country. 3 When displaying a list of documents, the Indentation was eliminated and now results are first result is indented. This should be displayed homogeneously. corrected. 4 In the search section, the results list is The search form format has been changed making not visible and there is too much empty better use of space between its different elements. space underneath.
5 In the search section, the tags “Date Tags have been changed to “Date from” y “Date until”. Adoption (Min):” and “Date Adoption (Max)” should be, respectively, “Date from:” y “Date until”.
6 When users consult a specific document, The title is in the header of the page for each consulted it is unclear which document is being document for further reference. displayed as the title does not appear.
7 There is a problem with the apostrophe All contents with this reference were reviewed and in the word “Europe’s”. it was not possible to find the error. TEPJF awaits validation from the Venice Commission.
8 When searching for documents, some The height of the box where the title is displayed has titles in the results list take space from been modified so that it automatically accommodates the next header. the extension of the title.
9 IMPROVEMENTS TO DESIGN, FUNCTIONALITY AND CONTENT 224 Table 3. Improvements related to functionality requested by the Venice Commission REQUEST RESPONSE
9 There is a problem concerning The interactive map has been updated and, to this date, homogeneity of the countries: while every country for which the database has content is putting the mouse in the map, only working as specified. certain countries become coloured (for example, Canada does and the United States of America does not). Every country for which the database keeps information should be coloured. 10 There are technical problems when Programming was updated so that the website is using the database in Internet Explorer correctly displayed in most commonly used web (version 9). browsers (Internet Explorer, starting in version 8, Safari, Google Chrome, among others). 11 In the new version of the website, some Content is now organized following criteria that, to the categories in folders and links are no extent possible, avoid duplicity of information. Some longer necessary. For instance, the link sub-categories have been suppressed and legislation is to “International treaty” which appears indexed according to previously agreed definitions. when clicking in any country does no longer make any sense. It would be better to suppress it. 12 When performing a search by topic or The link was kept because, in many cases, search country, the link to “view document” outcomes include more than one document or further displayed under each result should be details about the result. The prevailing criterion is to eliminated. offer users the possibility to access information in a fast, simple and clear way. TEPJF awaits validation from the Venice Commission. 13 The first result for each country should In the latest version, results are not displayed until not open automatically. users run a query. 14 The date when documents are added This field has been removed from the search form. lacks relevance and should be removed. 15 When running a query, the link to “view In the current version, search results include relevant document” should not be in the result articles and, underneath, a link to “view the whole list but in the individual article and it document”. should read “view the whole document”. 16 In the search form, the field “author” in Search criteria have been simplified by eliminating the the search section has no effect. It would field “author”. be better to suppress it.
10 PRESENTATION OF THE NEW VOTA DATABASE 225 ADDITIONAL CONTRIBUTIONS BY THE ELECTORAL TRIBUNAL OF THE FEDERAL JUDICIARY The TEPJF will host the new VOTA in its servers, offering access to users at the URL http://vota.te.gob.mx/. Also, specialized staff will periodically review the database and will request the electoral legislation for Latin America from the co- rresponding authorities. The information will be indexed and published in the VOTA database by the TEPJF, as a contribution to the continuing collaboration with the Venice Commission.
Table 4. Improvements implemented by the TEPJF during the content consolidation stage (to be validated by the Venice Commission) NATURE OF THE ACTIONS IMPROVEMENT 17 Content All contents charged to the new VOTA are under review, in order to identify and filter broken links, links without content, redundant documents and other omissions. 18 Content New documents have been added and indexed, including relevant Mexican legislation. The database will expand its coverage by including laws and documents from other Latin American countries, regardless of their membership to the Venice Commission. 19 Format Users now have the option to see the map of the American continent. The new design of the website allows including other maps in the future, as the VOTA database evolves.
20 Functionality Search speed and navigation between different sections is noticeably faster.
11 IMPROVEMENTS TO DESIGN, FUNCTIONALITY AND CONTENT 226 IN A NUTSHELL: ADVANTAGES OF THE NEW PLATFORM FOR THE VOTA DATABASE, DEVELOPED BY THE TEPJF
FOR THE FINAL USER: • Faster content loading using a modern interface, including interactive maps that facilitate geographic references. • Enhanced search for content through detailed information filters. • Improved precision in the search process. • User friendly environment that allows downloading full docu- ments in HTML, for easier handling.
12 PRESENTATION OF THE NEW VOTA DATABASE 227 • Collection of specific terms and dynamic country list built according to the type of document that is loaded in the da- tabase. • Functionality in three languages.
OPERATION OF THE DATABASE: • Information in the new VOTA is registered according to a clas- sification by articles, more specific than the previous version, where it was registered by documents. • Improved structure of the database, increasing efficiency in search and access to documents.
ADMINISTRATION OF THE INFORMATION SYSTEM: • The data capturing process was upgraded, switching from five formats to a single one. This makes it easier to upload new contents. • The new format makes it easier for administrators to load information. • The system facilitates collaborative administration, making each administrator the sole responsible for the documents they handle. • Allows administrators to manage information without technical assistance.
INNOVATIONS IN CONTENTS: • The new VOTA includes a section in Spanish that did not exist before and that currently comprises the federal electoral legis- lation of Mexico, indexed according to the specific collection of terms of the VOTA database. This innovative functionality in Spanish will enable the incorporation and indexing of all the electoral legislation and relevant documents in Latin America. This information will be catalogued and available in Spanish, French and English – the two latter official languages of the Venice Commission – following its corresponding release by competent authorities. • Criteria for the classification of information in the origi- nal version of VOTA were reviewed. Previously, some of the
13 IMPROVEMENTS TO DESIGN, FUNCTIONALITY AND CONTENT 228 legislation could not be consulted or laws were not correctly catalogued. This problem has been solved in the new VOTA created by the TEPJF. • There is an ongoing review in search for inconsistencies and potential omissions in documents stored in the new VOTA.
DIRECT ACCESS TO THE DATABASE AND SPECIFIC CONTENTS: • The new address for VOTA is http://vota.te.gob.mx/, which allows access from any web browser. The database will also be available directly from the website of the Venice Commission. • The welcome page of the VOTA database includes an option to choose between maps of America or Europe to search by country.
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www.te.gob.mx
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