COOPERATION WITH ODIHR IN FOLLOW UP TO THE ELECTION ASSESSMENT MISSION REPORT ON PARLIAMENTARY ELECTIONS IN NORWAY IN SEPTEMBER 2009 Presentation to the OSCE Human Dimension Committee by Marianne Riise, Professional Director The Norwegian Ministry of Local Government and Regional Development Vienna, 8 June 2010 Introduction Thank you, Madam Chairperson, for giving me this opportunity to make a presentation of our cooperation with ODIHR and to tell you how we plan to follow up on their Election Assessment Mission (EAM) report on the Parliamentary elections in Norway in September last year. The Ministry has the overall responsibility for the Election Law and regulations both in local and national elections, and is also responsible for the conduct of elections. Local authorities are responsible for the practical execution of the voting arrangements prior to and on Election Day, and for counting and tabulation. Our Election Law and regulations are subject to regular reviews. We believe renewal is necessary for a vibrant democracy. We also believe it is necessary to make continuous assessments on the conduct of elections to see whether there is room for improvement. On the other hand, we also need a stable and predictable framework. The balance between renewal and stability is taken care of through our plan for reviewing issues in elections. In the election field, an overall 4 year plan exists for possible areas where we will consider amendments to legislation or obtain reviews. This plan is reviewed every year. When the EAM report was submitted, the Ministry entered into a fruitful collaboration with ODIHR experts with the purpose of following up the various 1
points in the report. We have carried out two consultation meetings. We are very pleased to have been given the opportunity to take advantage of OSCE s expertise in follow up to the recommendations made. For the Norwegian Government it is important that all regulations for executing elections are in accordance with international commitments and standards. It has been very beneficial for us to have ODIHR on board during the current revision. The Ministry is very satisfied with the support and input we have received from ODIHR during the process. Response Report Legislation process The Ministry has issued a Response Report, with our comments and how we plan to follow up on each of OSCEs requests. Hard copies are available outside; also available on the Ministry s website: http://www.regjeringen.no/nb/dep/krd/dok/rapporter_planer/rapporter/2010/response to OSCES EAM report of 27 November 2009.html?id=606503. An overview of how the Ministry normally follow up on elections in Norway is attached as an appendix to our Response Report. After each election, the Ministry undertakes a comprehensive evaluation of the conduct of the election in each municipality and county, in order to assess possible areas for amendments. In the evaluation following last year s election, we have also included ODIHR s report and recommendations. This evaluation forms the basis of a consultation paper where the Ministry proposes specific amendments to the Election Law and regulations. The consultation paper is always sent on a broad consultation for three months, to a total of 600 bodies in both the public and private sector. All statements made regarding the consultation paper are published on the Ministry's website. After the consultation, the Ministry subsequently devises a set of definitive legislative proposals and submits these to the parliament. Some days ago, we submitted the consultation paper relating to the 2009 election, which also includes a thorough review of ODIHR s recommendations. The entire paper is now being translated to English, and will be made available on the Ministry s website. I would now like to comment on some of the issues raised in the EAM report. Duty to be elected OSCE has advised us to review the duty to be elected. The electoral system in Norway is based on a principle of obligation to represent, and the rules for exemption are strict. The most important rule in practice is that a candidate may demand exemption from appearing on a list if he or she is a member of a political party from another electoral list. In reality this means that a candidate who has 2
been nominated against his or her will must join a political party in order to be exempted. The Ministry agrees that questions might be raised whether this is consistent with the principle of freedom of association and the right not to be a member of a political party that stems from international obligations (like the UN Covenant on Civil and Political Rights and the European Convention on Human Rights). The Ministry has therefore proposed a new ground for exemption in local elections. This allows a candidate to be removed from an electoral list by presenting a declaration to the electoral authorities stating that his or her political views or convictions are contrary to those represented by the electoral list. Sealing of ballot boxes on Election Day In Norway there is no requirement for ballot boxes to be sealed during voting on Election Day, only during transport and storage and voting in advance. Sealing of ballot boxes on Election Day has never really been discussed in Norway. I guess this is because our system is based on a fundamental public trust that the electoral administration is impartial and that elections are performed with integrity. Nevertheless, we agree with OSCE that this might raise questions as to whether this practice is consistent with international standards. The Ministry has therefore proposed amendments to the Election Law so that ballot boxes now will be sealed also on Election Day. Restrictions on candidates ODIHR has recommended that we consider restricting candidates from serving as members of Polling Committees and Electoral Committees. The Ministry agrees with ODIHR that confidence in the performance of elections is vital and plans to undertake a new evaluation of the present rules. The Ministry believes that there are grounds for making a distinction between Electoral Committees and Polling Committees when it comes to eligibility. The Electoral Committee in each municipality has no direct contact with the voters. Candidates serving as polling staff on the other hand, will have a different degree of personal interest in the outcome of the election. And this might raise questions on their impartiality. List candidates or other politicians serving as members of polling committees has a long tradition in Norway. If they should be excluded or not be able to act as vote receivers or staff at polling stations, there is a question whether and eventually how this will affect the conduct of the election practically. 3
Before proposing any possible amendments, the Ministry wishes to discuss this question more thoroughly with the local election authorities. After the consultation, a proposal will be put forward to the parliament. New ballots We are pleased that OSCE recognizes our efforts in ensuring the secrecy of the vote. They recommended broadening the use of a coloured pilot ballot, if it was found to be more effective. In the election in 2009 the Ministry carried out pilots on a new paper ballot design. And I am happy to tell you that the evaluation results were very positive. As pointed out by the ODIHR, these ballots had a special coloured side. They were also folded in a different manner. The pilots showed that these ballots were considered to be easier to fold correctly. Based on this experience, we believe that the ballot papers that were tried out in 2009 should be used by all municipalities, and we will make the necessary amendments for this. Facilitating voting for disabled It is gratifying that the OSCE values our work on facilitating voting for the disabled. They ask us to work for implementation of the existing criteria for making polling stations accessible in all municipal authorities. We have some 3000 polling stations on Election Day. A total of 65 percent of the premises are adapted for the disabled. The Ministry is not satisfied with this. Our goal is that all polling stations should be adapted to disabled. I am pleased to tell you that The Ministry has developed a completely new design solution for voting booths, ballot boxes and graphic profiling of the election. These have been tested in the 2009 election with very positive results. The entire solution has been developed in accordance with the requirements for universal design and will therefore help to improve accessibility. We plan to introduce the design solution in all municipalities. Complaints Traditionally, complaints regarding elections are not a matter for the courts in Norway. ODIHR recommends that consideration be given to providing the legal right to appeal all election related matters to a competent court as the final authority. I am pleased to inform you that following the EAM report the Ministry has initiated a comprehensive review of the present system for election related 4
complaints. These issues are included as part of a larger issue related to complaints and the approval of elections. The Ministry has asked the Venice Commission to investigate our current regulations for complaints and approval of elections in the light of international obligations. Based on the commission s recommendations, the Ministry will undertake a thorough assessment of whether there is any need for amendments. Madam Chairperson, I thank you for your attention. I am happy to answer any questions. 5