Commonwealth Parliamentary Association British Islands and Mediterranean Region ELECTION SERVICES BRITISH ISLANDS & MEDITERRANEAN REGION

Transcription

1 Commonwealth Parliamentary Association British Islands and Mediterranean Region ELECTION SERVICES BRITISH ISLANDS & MEDITERRANEAN REGION 1

2 Introduction CPA UK in its capacity as regional secretariat of the CPA British Islands and Mediterranean Region (CPA BIMR), continues to work to strengthen parliamentary democracy and enhance good governance through international parliamentary outreach, parliamentary diplomacy and parliamentary strengthening. We have over the last four years developed pre/post-electoral strengthening programmes. These programmes have taken the shape of Short Term Election Observer Missions (EOM) and Post Election Seminars (PES). Our first foray into EOMs was in 2010 when we supported the Royal Commonwealth Society in bringing a number of Commonwealth parliamentarians to act as observers for the UK elections. However, it was not until November 2011 that we coordinated the first ever EOM to the British Virgin Islands and more recently, in May 2013, to the Cayman Islands. These unique and historic missions were conducted to the highest standards in partnership with regional organisations like Caricom and ACEO. Over the last thirty years, the number of EOMs have continued to rise to the extent that they are now considered the gold standard for any election. CPA BIMR continues to support the work begun by the OSCE, the Commonwealth Secretariat and the EU to broaden this activity and to ensure that those territories who wish to be observed can be. Our commitment is also reflected in our ongoing cooperation in sourcing UK & BIMR Parliamentarians to participate in Commonwealth EOMs. Now more than ever, there is a clear expectation from the international community that the democratic process is being fulfilled on the ground, but more importantly that the domestic population can be given an independent assessment that their democratic electoral human rights are being met. EOMs are an essential tool to communicate with these stakeholders as they provide an independent, trusted, credible voice to assess the electoral process. We are committed to the EOM process because it is a mechanism which strengthens democracy by encouraging the electoral rule of law and the smooth, legitimate transfer of governance within a state; principles that are at the heart of CPA BIMR s mission statement. EOMs are only the first stages of the governance and parliamentary process. In many countries, high turnover of elected representatives is a common phenomenon and as such there is a need to support the training and development of those newly-elected parliamentarians. Training in the form of PESs are a core activity for us as they foster a deeper understanding of the role of parliamentarians and provide a forum to share relevant parliamentary expertise and experience. The services we present in this report highlight how we, in partnership with other likeminded organisations, can work towards strengthening democracy around the Commonwealth. 2

3 Members of the Cayman Island Election Observer Mission 2013, led by Maltese parliamentarian Mario Galea MP (second from left) Election Observer Missions Most states recognise that election observation can play a vital role in promoting transparency and accountability, as well as enhancing public confidence in an electoral process. It enables an assessment of the election process in a period when a governance vacuum can exist. By having external independent observers, states can ensure that the laws and agreements which govern the electoral process are met and if necessary find ways to make improvements. Outlined below is a summary of the services we offer to British Overseas Territories and other small jurisdictions and the mechanisms which need to be put in place to facilitate a successful and productive short-term EOM. An Invitation 1. For those states wishing to have their elections observed, whether parliamentary or presidential, it is essential that an invitation is sent to us. This is an important step in ensuring a successful EOM as it demonstrates that we are welcome by all stakeholders on the ground. 2. Once the initial contact is made, an assessment is undertaken to ensure the following: Confirm that an observer team will have access to in-country stakeholders; Establish that the minimum conditions exist for an effective EOM; Ensure Observers will have full access to the process; Other logistical practicalities. 3. Finally, a Memorandum of Understanding would be drawn up, agreeing mutual expectations and requirements for the mission at the very outset of any undertaking. Our Standards When undertaking an EOM, it is vital that there are clear standards and benchmarks which are utilised by observers to assess whether the elections have upheld democratic and human rights principles. There are three sets of principles we consider when undertaking an EOM: 1. Universal and International This covers universal commitments that most states uphold such as the Universal Declaration of Human Rights (UDHR). Our EOMs will uphold this and the following rights and conventions: 3

4 The International Covenant on Civil and Political Rights (ICCPR); The International Convention on the Elimination of Racial Discrimination (ICERD); The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW); The Convention on the Political Rights of Women (CPRW); The Convention on the Rights of Persons with Disabilities (CRPD); The Convention against Corruption (UNCAC). We will take in to consideration those states who request an EOM that are either not signatories to these conventions or have exemptions. In these cases, this will be outlined in the MOU. 2. Regional Many states are members of regional organisations and as such may be signatories of regional instruments. With regards to CPA BIMR EOMs, we will uphold the Harare Declaration,the Lusaka Declaration and the Commonwealth Charter as they are all Commonwealth commitments. However, where the state in question has other additional commitments, these will also be taken in to consideration and again iterated in the MOU. We recognise the inalienable right of individuals to participate in democratic processes, in particular through free and fair elections in shaping the society in which they live. Governments, political parties and civil society are responsible for upholding and promoting democratic culture and practices and are accountable to the public in this regard. Parliaments and representative local governments and other forms of local governance are essential elements in the exercise of democratic governance. Section 1 of the The Commonwealth Charter, National One of the most important commitments that a state must uphold are those nationally based, either constitutional or through primary or secondary legislation. As such, our EOMs will uphold these legal frameworks. These electoral laws will be outlined in the MOU. What we can offer? CPA BIMR is committed to offering the highest standards of EOM. We will utilise the networks and partnerships we have cultivated across the Commonwealth and beyond to assist in running Short-Term Observer Missions to small jurisdictions. As a parliamentary organisation we will bring together experienced parliamentarians, specialist NGOs and other related professionals to conduct detailed and comprehensive EOMs. 1. Parliamentarians The key resource that we can bring to an EOM is the participation of parliamentarians as observers. We will seek parliamentarians from a cross-section of political backgrounds with parliamentary and election experience. This diversity will bring 4

5 CPA BIMR - Election Services knowledge and ensure an unbiased approach to the observer mission. CPA BIMR will work to ensure a balanced cross-section of parliamentary observers participate from across CPA BIMR which include all the UK legislatures, the British Isles, Cyprus, Malta, Gibraltar, St Helena and the Falkand Islands. Observers from these smaller legislatures often can give a more insightful perspective adding value to the mission, especially when observing other small states elections. 2. Funding Where applicable, CPA BIMR would not expect the host state to provide funding for the EOM, this is essential to guarantee adequate levels of impartiality from the observers. It will also aim to reduce financial pressures on electoral commissions. 3. Code of Conduct Our observers will uphold the same codes of conduct as OSCE/ODHIR 1 observers and will ensure impartiality, non-interference, a visible presence, cooperation with external and domestic observers and election officials on the ground in a professional and courteous manner (see page 7). 4. Size and capacity Due to the domestic commitments of our parliamentary observers, CPA BIMR may only offer Short-Term Observers (STOs). Our observers can only be on the ground for a maximum of ten days, ideally four days prior to Election day. However, we will where possible coordinate our STOs with partner EOMs which may offer long-term EOMs. In addition, CPA UK is only in the position to support small jurisdictions with a population below 500, What we will observe Typically our EOMs will assess the following: The later stage of the political campaign (the media, political rallies, finance); Electoral framework/administration; Voter registration; Candidate nomination & registration Voter education; Polling (fixed & mobile); The count; Tabulation; Post election complaints and appeals. 6. Reporting and Communication On arrival, members of the delegation would participate in a press conference and publish a statement. Between 24 and 48 hours after E-Day, a preliminary report will be produced and disseminated. The preliminary report will be reviewed by in-country stakeholders and a consultation process will follow between affected groups. Within a month of the preliminary report s publication, a final EOM report will be produced and disseminated to all stakeholders. 1. ODHIR is the Office for Democratic Institutions and Human Rights. It is a directorate within the Organisation for Security and Cooperation in Europe (OSCE). ODHIR is responsible for amongst other things, Election Observer Missions within the OSCE region. 5

6 OUR EOMs We continue to support the Commonwealth by sourcing UK and Commonwealth Parliamentary observers for the following elections: United Kingdom ELECTION Pakistan Election Observer Mission Maldives Election Observer Mission Fijian Election Observer Mission (tbc) united kingdom election (tbc) CPA BIMR ST-EOMs CPA BIMR have coordinated the following EOMs on behalf of the Foreign and Commonwealth Office: British Virgin Islands - November BVI%20CARICOM%20Electoral%20Observer%20Mission%20Report.pdf Turks and Caicos Islands - November EOMs/0131TCI_EOM_Final%20Report.pdf Cayman Islands - May EOM_FINAL%20REPORT.pdf Montserrat - (Due) September

7 Commonwealth observers to Ghana 2012 elections at a polling station in Accra in December Copyright. Julius Mucunguzi Commonwealth Secretariat. CODE OF CONDUCT FOR CPA BIMR OBSERVERS 1. Observers will maintain strict impartiality in the conduct of their duties and will at no time publicly express or exhibit any bias or preference in relation to national authorities, parties or candidates, or with reference to any issues in contention in the election process. 2. Observers will undertake their duties in an unobtrusive manner and will not interfere in the electoral process. Observers may raise questions with election officials and bring irregularities to their attention, but they must not give instructions or countermand their decisions. 3. Observers will remain on duty throughout Election Day, including observation of the vote count and, if instructed, the next stage of tabulation. 4. Observers will base all conclusions on their personal observations or on clear and convincing facts or evidence. 5. Observers will not make any comments to the media on the electoral process or on the substance of their observations, and any unauthorized comment to the media will be limited to general information about the observation mission and the role of the observers. 6. Observers will not take any unnecessary or undue risks. Each observer s personal safety overrides all other considerations. 7. Observers will carry any prescribed identification issued by the host government or election commission and will identify themselves to any authority upon request. 8. Observers will comply with all national laws and regulations. 9. Observers will exhibit the highest levels of personal discretion and professional behaviour at all times. 10. Observers will attend all required mission briefings and debriefings and adhere to the deployment plan and all other instructions provided by the CPA BIMR EOM. 1 1 CPA BIMR Code of Conduct based on ODIHR Code of Conduct 7

8 Election Service Partners BRITISH ISLANDS & MEDITE The diagram above represents only a few of the many international and regional organisations that we have worked with on election-related programmes. We will continue to coordinate with regional and national partners on shortterm election observation missions, seeking expertise and funding to ensure productive and successful outcomes. 8

9 CPA BIMR - Election Services Empowered lives. Resilient nations. RRANEAN REGION 9

10 Delegates and Speakers at the Post Election Seminar Workshop, Sierra Leone, 2013 Post Election Seminars Within the wider CPA, Post Election Seminars (PES) have been a longstanding programme. At their core, PESs are an important step for any new parliament to inform and educate newly elected representatives in their many roles and responsibilities. These will range from managing constituencies to scrutinising legislation and the executive. The primary purpose of PESs is in providing parliamentarians with a detailed overview of complex parliamentary procedure and practices. As all of these skills are universal amongst the Westminster and hybrid systems of parliamentary democracy, experienced parliamentarians from around the Commonwealth are well placed to share their first-hand experience at dealing with the pressures and the need to become a constitutional expert overnight. Due to the frequency of elections and the continuous turnover of elected representatives, Post Election Seminars are in high demand. Because of our belief in parliamentary strengthening and the development of good governance CPA UK, as the largest and most active branch of the CPA family, has over the last few years supported and produced PESs, for example in Guyana in 2012 (see case study) and more recently in Ghana, Sierra Leone, Lesotho and St Helena. 10

11 CPA BIMR - Election Services What we can offer CPA UK is in a position to offer the following to meet the needs of the host country. 1. Programme development CPA UK will assist in drafting a programme in consultation with the host team. 2. Speakers Depending on notice given, CPA UK will attempt to provide session speakers from the UK and if appropriate, BIMR parliaments and legislatures. These will include parliamentarians and clerks. 3. Funding CPA UK will only cover the cost of travel for our session speakers. 4. Wider partnerships At the request of the host team, CPA UK will seek out partner organisations to support additional speakers. Guyana Case Study In George Town, Guyana in May 2012, CPA UK working in partnership with the UNDP, UNICEF and the CPA Canada Branch sent five speakers to conduct post election training for 55 newly elected members. In the case of the UK, two parliamentarians and a Committee Clerk were sent. The PES was extremely successful and attracted a particularly high number of participants. The seminar was the first formal interaction between Guyanese MPs and Westminster. It primarily focused on the role of minority governance covering areas to enhance the professional capacity of parliamentarians to conduct more effective policy making and legislative oversight. The seminar provided the opportunity for MPs of all parties represented in the Assembly to reflect on how the political situation could potentially result in an enhanced role for the legislature in holding the Government to account. Stimulating discussions took place on how parliamentarians could affect the conduct of business in Parliament. On the whole it was agreed that MPs had an opportunity to influence the Government s legislative programme and to scrutinise the work of the Executive particularly in the area of financial scrutiny. Speaker roles were allocated to the UK team according to experience, expertise and party. UK participants led sessions on the Role of an MP and Committees, when discussions evinced a number of suggestions which could be adapted from Westminster to Guyana s constitution. The programmes report is availble here: Guyana%20PES%20Final%20Report.pdf 11

12 About Us The Commonwealth Parliamentary Association (CPA) is an active network of over 17,000 parliamentarians from Commonwealth Parliaments and Legislatures. Through dialogue, it seeks to foster cooperation and understanding between Parliaments, promote good parliamentary practice and advance parliamentary democracy. A truly global body, the CPA currently comprises 175 Branches over 6 continents and in 53 countries worldwide. The Commonwealth Parliamentary Association British Islands and Mediterranean Region is one of nine regional groupings. The central aim of the BIMR strategy is to promote knowledge and understanding BRITISH ISLANDS & MEDITERRANEAN REGION of constitutional, legislative, economic, social and cultural aspects of parliamentary democracy within the Commonwealth. By promoting close relations and coorperation between its branches and other CPA Regions, the BIMR works to build informed parliamentary communities within the Region and across the Commonwealth. Its two key outputs are in promoting gender equality through its Commonwealth Women Parliamentary (BIMR CWP) activities and its strengthening democracy through EOMs. 12 CPA Malaysia delegation observing the 1955 UK general election. Copyright. Houses of Parliament

13 CPA BIMR - Election Services CPA BIMR Constitution - BIMR%20Constitution.pdf The CPA BIMR Secretariat is based within CPA UK which is one of the largest and most active branches in the CPA community and delivers a unique annual programme both in Westminster and overseas. Governed by an Executive Committee of parliamentarians from all main parties, CPA UK works to encourage parliamentary diplomacy and parliamentary strengthening on behalf of the UK Parliament and the wider CPA. Through activities including conferences, seminars and delegations, CPA provides members with a practical, current and first-hand perspective on international issues facing fellow parliamentarians across the Commonwealth. This equips them to better scrutinise Government action on foreign affairs and international development issues, and can inform debates in the House. Our activities often serves as a launch-pad for coordinated international action between parliamentarians, laying the foundations for long-lasting positive relationships between individuals, committees and All Party Parliamentary Groups. Commonwealth observers at the 2010 UK General Election. Copyright. CPA UK 13

14 CPA BIMR Secretariat Westminster Hall, T: +44 (0) London, F: +44 (0) SW1A 0AA, E: United Kingdom W: The Commonwealth Parliamentary Association BIMR Election Services Booklet was produced by Matthew Salik (SIRO) Images courtesy of the Commonwealth Secretariat, CPA UK and the Houses of Parliament.