Mr.
Chairman,
Distinguished colleagues,
Ladies and Gentlemen,
This
year we are marking the 30th anniversary of
the Helsinki Final Act and the 15th anniversary
of the Charter of Paris for a new Europe.
These two documents are keystones in human
dimension architecture and have provided the
foundation to ensure full respect for human
rights and fundamental freedoms, including
democratic elections.
OSCE
participating States “declare that the will
of the people, freely and fairly expressed
through periodic and genuine elections, is
the basis of the authority and legitimacy
of all government”.
Over
the years, the ODIHR has developed a broadly
accepted methodology for observing elections.
It covers all elements of the electoral process,
namely the legal framework; the administration
of elections; the election campaign and the
media environment, as well as voting, counting
and appeals.
The
ODIHR election observation missions have so
far been active in more than 30 participating
States, including France, Spain, the UK and
the USA.
I
would like to give an update on the ODIHR’s
election-related activities since we last
convened during the 2004 ACEEEO Annual Meeting.
Since that time, the ODIHR has deployed observation
and assessment missions to the following participating
States: Albania, Belarus, Bulgaria, Moldova,
Kyrgyzstan, the former Yugoslav Republic of
Macedonia, Romania, Tajikistan, Ukraine, the
United Kingdom, the United States and Uzbekistan.
A
fundamental tenet of election observation
is the requirement for transparent and regular
public reporting. As always, ODIHR reports
that have been issued prior, during and subsequent
to each of these missions, including Needs
Assessment Reports, pre-election Interim Reports,
Preliminary Post-Election Statements, Interim
Recommendation Reports as relevant and Final
Reports, are posted on the ODIHR website.
Each year we update a CD with all ODIHR preliminary
statements and final reports, and the most
recent version including all reports issued
between 1996 and 2004 included can be found
on the table outside.
We
currently have a mission deployed in Azerbaijan
in the context of the upcoming 6 November
parliamentary elections. In the last week,
we have just completed a Needs Assessment
Mission to Kazakhstan in the context of the
presidential election, now scheduled for 4
December of this year, and we will be issuing
our subsequent report in the coming days.
The
ODIHR has deployed, in cooperation with the
OSCE Secretariat, an Election Support Team
to Afghanistan in the context of 18 September
parliamentary elections. This is not an observation
mission culminating in the assessment of the
election process in line with OSCE commitments
or other international standards, but is a
technical mission intended to provide a set
of recommendations to the Afghan authorities
upon the completion of the election process.
In
the context of out-of-region activities, I
would also like to note that the ODIHR, in
cooperation with the Secretariat, conducted
a Training Needs Assessment Team visit to
the Palestinian Territories during the 9 January
Palestinian Authority presidential election.
The
ODIHR has adapted its observation methodology
to respond to specific circumstances arising
in the context of election observation. For
example, some observation missions have been
limited to a long-term team, without the presence
of short-term observers on election day. This
has been the case in countries where past
experience or a needs assessment mission indicates
that serious problems on election day are
unlikely at the polling-station level but
that observation of the long-term process
might still produce useful recommendations.
Alternatively, a mission may not deploy short-term
observers if it is clear at the outset, or
becomes clear during the course of the election
process, that conditions have not been established
for a meaningful voting day.
Another
initiative taken by the ODIHR to fulfill its
mandate has been the development of election
assessment missions. An assessment mission
is normally deployed to assess elections in
longer-standing or post-transition democracies
and focuses on specific issues and the implementation
of best practices. An assessment mission generally
consists of a team of experts who visit a
country for a relatively short period of time
before and on election day. An assessment
mission has the possibility to address issues
pertaining to the overall administrative and
legal framework for the conduct of elections,
issues that affect elections at both the state
and regional level, and polling-station procedures
on a rather limited basis. Recommendations
are provided as necessary.
Following
upon the 2004 Supplementary Human Dimension
Meeting on Electoral Standards and Commitments,
in April 2005 we met and discussed election
issues of interest to participating States
entitled “Challenges of Election Technologies
and Procedures”. We were especially pleased
that a few key members of the ACEEEO actively
participated in these events. On the occasion
of the 2005 SHDM, the ODIHR also launched
the updated and expanded fifth edition of
its Election Observation Handbook, which reflects
accumulated experience over the past decade.
Nowadays
the ODIHR to pursue three follow-up initiatives:
The
first initiative includes an expert meeting
to consider the need – if necessary- for developing
additional commitments to supplement the existing
ones- a “Copenhagen Plus” discussion. This
meeting was held 6-7 September, and the discussion
was very much focused on the principles of
transparency, accountability and public confidence.
The ODIHR is presently distilling the results
of the meeting into a set of Explanatory Notes,
outlining the rationalization for advising
on any additional commitments to supplement
the existing ones.
There
are two additional points that I would like
to add while discussing the so-called “Copenhagen
Plus” discussion. Firstly, this is not a new
discussion, since “Copenhagen Plus” has effectively
been an ongoing process, represented by a
series of Declarations and Decisions undertaken
by participating States since the 1990 Copenhagen
Conference on the Human Dimension. Secondly,
OSCE election commitments are not limited
to paragraphs 6-8 of the Copenhagen Document,
as essential commitments on human rights and
fundamental freedoms, necessary to a meaningful
democratic election process, are contained
throughout the Copenhagen Document.
The
second initiative is a meeting on election
observation and assessment methodologies,
to be organized by ODIHR, and to include technical
experts from participating States, relevant
inter-governmental and non-governmental organizations.
This meeting is now being considered for the
second half of November.
The
third initiative is the observation of new
voting technologies. The ODIHR plans to call
a meeting of election administration and other
technical experts to discuss the relevant
issues related to the observation of electronic
voting possibly in early 2006. Prior to this,
the ODIHR will be consolidating its experience
to date of observation of new voting technologies
during the observation schedule up to the
end of the year.
The
ODIHR is participating in an ongoing dialogue
on election observation with other international
governmental and non-governmental organizations.
This dialogue has included ODIHR participation
in several meetings of the leading governmental
and non-governmental organizations active
in the field of election observation, which
will culminate in the endorsement of a UN
sponsored Declaration of Principles for Election
Observation. In addition, the ODIHR has hosted
a visit of representatives of the Commonwealth
of Independent States in early 2004 to give
a briefing on its election observation methodology,
and ODIHR representatives received a reciprocal
briefing on CIS election observation during
a visit to the CIS Secretariat in Minsk in
June of this year. Also, the ODIHR participated
in a meeting in 2004 hosted by the European
Commission, which brought together a broad
array of organizations from around the world
involved in election observation. The ODIHR
continues professional dialogue with the Association
of Central and East European Election Officials.
Furthermore,
in relation to domestic non-partisan election
observation, the ODIHR will hosting a meeting
this weekend to provide domestic organizations
with the possibility to come together and
share their experiences. While international
and domestic observation are distinct but
complimentary activities, shared experience
can be relevant to both of these respective
undertakings.
While
the ODIHR can note general improvements in
the conduct of elections in some participating
States, in others concerns remain, including:
•
Limitation of competition of parties and candidates,
diminishing voter choice;
•
misuse of state administrative resources;
•
pressure applied by the authorities to vote
in a specific manner, particularly with regard
to state employees and students;
•
media bias, particularly with regard to state
media, in favor of the incumbents;
•
election administration whose composition
is not sufficiently inclusive to ensure confidence;
•
lack of sufficient voter registration guidelines
and safeguards to prevent abuse;
•
lack of transparency and accountability during
the vote count, the tabulation of the vote
and the announcement of results;
•
complaints and appeals procedures that do
not always permit a timely and effective redress
of complaints;
•
lack of sufficient will to rectify identified
shortcomings.
As
previously, the ODIHR will continue to develop
its follow-up efforts in order to assist States
in implementing their commitment “to follow-up
promptly the ODIHR’s election assessment and
recommendations.” However, effective follow-up
also requires effective cooperation from the
respective participating State, including
a clear statement of intent to follow-up,
and preferably a specific invitation for a
follow-up dialogue to ODIHR reports. Such
precedents have recently been demonstrated
by the following participating States: Kazakhstan,
the former Yugoslav Republic of Macedonia,
the United States of America, and Ukraine.
One
element of ODIHR’s ongoing follow-up are the
legislative reviews that it conducts, often
in cooperation with the Council of Europe’s
Venice Commission, to assist participating
States to bring their election legislation
more closely in line with OSCE commitments.
Since the last year the ODIHR has undertaken
legal reviews in the following OSCE participating
States: Albania, Armenia, Azerbaijan, Kazakhstan,
Kyrgyzstan, the former Yugoslav Republic of
Macedonia, Moldova, Serbia and Montenegro,
Ukraine, Uzbekistan.
In
such cases, modifying the legislative and
administrative framework for elections is
not sufficient to guarantee elections in line
with OSCE commitments. The conduct of democratic
elections can only be established and maintained
through a genuine political commitment.
We
appreciate a constructive dialogue with ACEEEO
and will looking forward to continue our good
co-operation.
Thank
you.