Free and Fair Elections

                Next 2nd of October, a little more than two months from now, there will be elections. It is very important that everyone who wants to participate in the process can exercise this right as a candidate or voter. The meaning of the title of this book is that, the election is only free and fair when there is not exclusion of anyone who wants to take part. Many researches have shown that a greater participation in politics is essential to an effective democracy and consequently a better country. This post is a summary of the book with the title above published in 2006 at   http://www.ipu.org/pdf/publications/free&fair06-e.pdf

              In 1994, when the Inter-Parliamentary Union (IPU) published its Free and Fair elections study and adopted a Declaration on Criteria for Free and Fair elections, few would have imagined the extent to which 'freeness' and 'fairness' would become universally recognized as the standard by which the quality of elections is to be judged. The centrality of free and fair elections to democracy was reconfirmed by IPU in 1997 when they adopted the Universal Declaration on Democracy, stipulating that. "The key element in the exercise of democracy is the holding of free and fair elections at regular intervals enabling the people's will to be expressed. In the Declaration on Criteria for Free and Fair Elections was adopted that, fundamental principles relating to free and fair elections were recognized in universal human rights instruments, including the right of everyone to vote in elections by secret ballot, to have an equal opportunity to become a candidate for elections. and put forward his or her political views, individually or in associations with others. Every individual has the right to the protection of the law and to a remedy for violation of political and electoral rights. The right to participation may only be subject to such restrictions of an exceptional nature which are in accordance with the law. Every individual whose candidature rights are denied or restricted shall be entitled to appeal to a jurisdiction competent to review such decision and to correct errors promptly and effectively. Every candidate and political party competing in an election shall respect the rights and freedoms of others. States should take the necessary legislative steps and measures, in accordance with their constitutional framework for periodic and genuine, free and fair elections, in accordance with their obligations under international law. The last decade has seen a substantial growth in the literature and the science of elections and democracy. Numerous elections have now been monitored by international observers. The UN and especially NGOs have provided technical assistance in conducting elections and in 'constructing' democracy, developing guidelines intended to reflect on lessons learned and finally, if it can be done, to nail down once and for all what it means exactly to have a free and fair election. The UN has continued to provide electoral assistance to be 'rooted in the Organization's responsibility to cooperate with Member States to promote the basic rights enumerated in the Universal Declaration of Human Rights'. Democracy must be embedded in a political system built on the rule of law and respect for human rights. The role of civil society in democratization is the promotion of a democratic culture, based on tolerance, acceptance of differences and a permanent search for compromise, was seen as an essential factor for the consolidation of democracy. Elections were recognized as playing an important role, but they do not create democracy and therefore should also 'be part of a long-term undertaking that will lead to a strengthening of national institutions and democratic processes'. Local elections, in particular, should be recognized for the important role they often play in providing the 'first' direct link between a voter and an elected official. To be sustainable, the democratic order of a state must be authentic and reflect the culture, history and political experience of its citizens. While recognizing the importance for democracy of periodic free and fair elections, a democratic system should also provide opportunities for people to participate fully in all aspects of society. To consolidate democracy through the promotion of pluralism, the protection of human rights and fundamental freedoms, maximizing the participation of individuals in decision-making and the development of competente and public institutions, including an independent judiciary, effective and accountable legislature and public service and an electoral system that ensures free and fair elections. One rationale for elections to be held periodically is that, in principle, this allows the electorate to judge and, if apropriate, to rid itself of a particular government or legislature. in this sense, government and elected representatives remain accountable to the will of the people, from whom they derive their authority or mandate. 'Accountability' also extends to the system and mechanisms by which votes cast are translated into legislative seats, and to the competitive elections take palce. The effective administration of the rules is often as important as the rules themselves. Technical problems often become political problems, while an actual or perceived loss of impartiality on the part of the electoral administration can easily translate into a boycott of the process or refusal to accept the outcome of an election as a 'legitimate' or genuine expression of the will of the people. The international 'election rights' that are the subject of this paper are not new, however. They represent the developed content of rights already established, altough it can not be excluded that this process of consolidation will have novel consequences in other areas of international law and organization, such as sovereignty, legitimacy, membership and international representation. In its internal aspect, self-determination can be read as stating the same objective as is reflected in the principle of free and fair elections that will of the people shall be the basis of the authority of government. UN human rights institutions are only now beginning to make progress in developing the political rights, but activities such as elections montoring and technical assistance at the field level are already contributing significantly to State practice, and thus also to the consolidation of norms and standards. The choice of electoral system and its implementation may nevertheless have a direct effect on related political rights. Majoritarian systems tend to favour two parties. They are relatively straightforward, but in a multi-party situation they give stability the advantage over equity in representation, not only are small or newer parties disadvantaged, but very large parliamentary majorities may be won on the basis of minor electoral victories, considered in porcentage terms. Proportional representation systems aim to allocate seats to political parties proportional to their electoral strength, however, they can encourage the proliferation of parties, and require voting on the basis of party lists, so distancing the voter from the elected and in turn limiting the opportunities for individual, non-party candidatures. By contrast with some of the other indices of free and fair elections, candidates, political parties and political organizations fall more easily within traditional notions of human rights. Article 25 of the Covenant on Civil and Political Rights, for example, provides that every citizen has the right, without discrimination, to take part in the conduct of public affair, to be elected. However, may be subject to a variety of reasonable limitations. Systems and legal guarantees are only a part of the equation that produces a free and fair election. How procedures are actually applied and what happens in practice will ultimately determine whether the people have been able freely to express their will. The Inter-American Commission on Human Rights has remarked on the 'direct relationship' between political rights and representative democracy as a form of the organization of the State, which at the same time presuposes the observance of other basic human rights. From an international law perspective, what counts is a tradition of free and fair elections must be maintained and consolidated over the long-term. To this extent, election obligations and the goal of representative democracy have a programmatic dimension, anticipating progress in building democratic institutions, strengthening the confidence of the people in the democratic process, and leading to better and more democratic government.