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3Rd Edition of the Handbook for EU Election Observation Handbook for EuropEan union ElEction obsErvation third edition NF-01-16-228-EN-N ISBN: 978-92-79-56854-1 Handbook for EuropEan union ElEction obsErvation third edition Election Observation and Democratic Support Brussels, 2016 1 Luxembourg: Publication Ofce of the European Union, 2016 © European Union, 2016 Reproduction is authorised provided the source is acknowledged. European External Action Service European Commission Service for Foreign Policy Instruments Manuscript finished in September 2015 Graphic and layout design: Giorgio Grasso for Democracy Essentials Cover photos: Ezequiel Scagnetti, Sarah Fradgley ISBN: 978-92-79-56854-1 doi: 10.2770/21704 Cat. ref. NF-01-16-228-EN-N tablE of contEnts PREFACE 9 INTRODUCTION 11 SECTION ONE The European Union and Election Observation 15 1.1 The EU, democracy and human rights 15 1.2 The rationale for EU Election Observation 16 1.3 The mandate for EU Election Observation 17 1.4 The scope of EU Election Observation 18 on 1.5 The role of EU institutions 19 1.6 Code of Conduct for EU election observers 21 E 1.7 EU electoral assistance 23 1.8 Relations with other election observer organisations 23 1.8.1 International observer groups 23 1.8.2 Citizen election observers 24 SECTION TWO International standards for elections 25 2.1 Key defnitions 25 2.1.1 International standards 25 2.1.2 ‘Good practice’ and other resources 26 2.1.3 National legal framework 26 2.2 Overview of the UN human rights system 26 2.3 Human rights protection at regional level 29 two 2.4 Universal legal instruments for elections 29 2.4.1 The Right to Participate in Government and Public Afairs 29 2.4.2 Other fundamental freedoms 30 2.4.3 Interpretation of the ICCPR 30 2.5 Other universal legal instruments for elections 30 2.6 Principal regional instruments for elections 31 2.7 Applying international standards 32 SECTION THREE: EU observation methodology 34 3.1 Consistency 34 3.2 Comprehensive and long-term observation 35 3.3 Increased coverage on election day 36 EE 3.4 Impartial and independent assessment 36 thr 3.5 Non-interference in the electoral process 37 3.6 Cooperation with the host country 37 3.7 Openness in fndings and visibility in work 38 SECTION FOUR: Areas of assessment 39 4.1 Political context 40 4.2 Legal framework 42 4.2.1 Election-related legislation 42 4.2.2 Electoral systems 44 4.3 Election administration 48 4.3.1 The work of the Election Management Body (EMB) 48 4.3.2 Voter education and information 53 4.4 Voter registration 55 4.4.1 The Right to Vote 55 4.4.2 The registration of voters 56 4.4.3 New technologies and voter registration 60 four 4.5 Candidate and political party registration 65 4.5.1 Freedom of Association 65 4.5.2 The Right to Stand for Election 66 4.6 Election campaign 69 4.6.1 Campaign activities 69 4.6.2 Campaign fnance 72 4.7 Electoral violence 75 4.8 Media 77 4.8.1 Media and elections 77 4.8.2 Media monitoring 79 4.9 Online election-related content 84 4.9.1 International instruments 84 4.9.2 Key principles and concepts 85 4.9.3 Methodological approach to the observation of online content 87 4.10 Complaints and appeals 89 4.11 Human Rights 92 4.11.1 All Human Rights 92 4.11.2 Participation of women 94 4.11.3 Participation of minorities 97 four 4.11.4 The participation of persons with disabilities 99 4.11.5 The participation of internally displaced persons and refugees 102 4.12 Civil society 105 4.13 Election day 107 4.13.1 Voting: the Right to Vote, Equal Sufrage and the Free Expression of the Will of the Electorate 107 4.13.2 Voting: the Right to a Secret Ballot 110 4.13.3 Special voting procedures 111 4.13.4 Closing of polling and counting of votes 112 4.13.5 Electronic voting 114 4.14 Tabulation and publication of results, and the post-election environment 118 SECTION FIVE: Establishing an EU Election Observation Mission 121 5.1 Deciding whether to observe an election 121 5.1.1 Identifcation of priority countries 121 5.1.2 The Exploratory Mission 122 fiv 5.1.3 Minimum conditions for efective and credible election observation 124 E 5.2 Mission formats 126 5.2.1 Structure of an EU EOM 126 5.2.2 Other formats: Election Expert Missions and Election Assessment Teams 126 5.3 Planning and preparation for an Election Observation Mission 127 5.3.1 Memorandums of Understanding 127 5.3.2 Terms of Reference 127 5.3.3 Appointment of a Chief Observer 128 5.3.4 DCO and core team selection 128 5.3.5 Selection of observers 128 5.3.6 Common criteria for EU observers and core team members selection 129 5.3.7 Criteria for deployment of observers 130 5.4 Deploying an EU Election Observation Mission 130 5.4.1 The role of the service provider 130 5.4.2 Mission opening, start-up and closure 131 5.4.3 Overview of EU EOM programming timetable 132 E 5.4.4 Appraisal of observers 134 5.5 Mission Security 135 fiv 5.5.1 Risk assessment 135 5.5.2 Security planning and procedures 135 5.5.3 Security responsibilities 136 5.6 Relations with external actors 137 5.6.1 Relations with the host country 137 5.6.2 Coordination with the EU Delegation and resident diplomatic representatives 138 5.6.3 Coordination with other international observer delegations 138 5.7 Mission visibility 139 5.7.1 Media relations 139 5.7.2 Public outreach activities 141 5.7.3 Interacting with the media in the feld 142 SECTION SIX: The structure and roles of an EU EOM 143 6.1 The EU EOM at central level 143 6.1.1 Chief Observer 143 six 6.1.2 Core team members 145 6.1.3 Service provider key experts 149 6.2 Long-Term Observers (LTOs) 150 6.2.1 Roles and responsibilities of LTOs 150 6.2.2 LTO meetings with interlocutors 152 6.2.3 LTO orientation and activities 153 6.2.4 Preparing for STOs 154 6.2.5 Planning for election day and post-election day observation 155 6.2.6 End of mission 155 6.2.7 LTO reporting 156 six 6.3 Short-Term Observers (STOs) 158 6.3.1 Roles and responsibilities of STOs 158 6.3.2 STO meetings with interlocutors 159 6.3.3 STO orientation and activities 159 6.3.4 Indicative timeframe for STO deployment 162 6.4 European Parliament election observation delegation 162 6.5 National support staf 163 6.5.1 Recruitment of national support staf 163 6.5.2 National staf positions 164 SECTION SEVEN: Election day 165 7.1 Overview of EU observation of election day 165 7.2 Election day deployment and reducing sample bias 167 7.3 Observer report forms 167 7.3.1 Types of forms 167 7.3.2 Preparation of observer forms 167 s E 7.3.3 Transmitting observer report forms/checklists 169 v 7.4 Observation of voting 169 E n 7.4.1 Observations outside polling stations 169 7.4.2 Meeting with polling staf 170 7.4.3 Observations inside polling stations 170 7.4.4 Observing the opening of a polling station 171 7.4.5 Observing voting procedures 172 7.4.6 Observing special voting procedures 174 7.4.7 Observing the closing of a polling station 174 7.5 Observation of counting 175 n E 7.6 Observation of the tabulation process 177 v E 7.7 Analysis of observer data 177 s 7.8 Post-election day observation 178 SECTION EIgHT: Reporting 179 8.1 Guidelines for reporting by EU EOMs 179 8.2 Interim Reports 180 8.2.1 Purpose of interim reports 180 8.2.2 Preparation of interim reports 180 8.2.3 Other internal reports 180 8.3 Preliminary statement 181 8.3.1 Purpose of the preliminary statement 181 8.3.2 Preparation of the preliminary statement 181 8.3.3 Sharing the preliminary statement 182 ight E 8.4 The fnal report 182 8.4.1 Purpose of the fnal report 183 8.4.2 Preparation of the fnal report 183 8.4.3 Recommendations 184 8.5 Return visit and release of the fnal report 184 8.6 Final internal report 185 8.7 Follow-up to EU EOM recommendations 185 8.8 Integration with wider support to democracy and democratisation processes 186 ANNEXES 187 s Annex 1. Declaration of Principles 188 E x Annex 2. Observation forms templates 196 E Annex 3. Guidelines for meetings 204 Annex 4. Glossary 215 ann Annex 5. Acronyms 220 ACkNOWlEDgEmENTS 222 prEfacE The support to democracy worldwide is not just consistent with the European Union’s fundamental principles: it is our clear interest, and a crucial tool for our foreign policy. Our neighbourhood’s recent history tells us that authori- tarian States can only be stable for so long. Only a func- tioning democracy can address its citizens needs, meet their demands, fulfil their aspirations. Strong democratic institutions are vital to improve a country’s resilience: they can help prevent the next crisis, stabilise a war-torn area or defuse tensions before they erupt into armed conflict. Federica Mogherini An efective democratic system needs regular, inclusive, transparent and credible elections.
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