Principle 4: independent and Impartial Investigators
Similarly, to insulate elections from political pressure and to preempt conflicts of interest, many states include incompatibility requirements in their
relevant election laws. Such provisions prevent individuals from certain designated groups from participating in electoral administration. Some countries
strive to instill an even higher degree of impartiality by preventing investigators from holding another position altogether. The Mexican Constitution,
for example, forbids Electoral Councilors (who are ultimately responsible
for the administration of elections, including the investigation of disputes
and violations) from holding any other employment, job, or commission. 477
Likewise, in the Philippines, members of the Commission on Elections, who
oversee investigations, cannot hold any other office or employment during
their tenure.478
Despite the indisputable importance of laws and regulations, “impartiality is a state of mind more than a statement in law.”479 Legal requirements
for election investigators to act independently and impartially mean little
in isolation. In addition to the competency and professionalism elements
discussed under Principle 3, it is important for the relevant investigative
authorities to also put into place provisions that prevent conflicts of interest and implement recruitment, promotion, and compensation policies that
promote the independence and impartiality of investigators, as discussed in
the subsequent sections.
Conflicts of Interest
The OECD defines a conflict of interest as any “conflict between the public
duty and the private interest of a public official, in which the official’s private-capacity interest could improperly influence the performance of their
official duties and responsibilities.”480
477 Constitución Política de los Estados Unidos Mexicanos [C.P], art. 41(D), as amended, Diario Oficial de la Federación
[DO], 13 de Noviembre de 2007 (Mex.).
478
Administrative Code of 1987, Exec. Ord. No. 292, § 25 (Jul. 25, 1987) (Phil.).
479
Wall et al., supra note 366, at 23.
480 Org. for Econ. Co-operation & Dev. (OECD), Managing Conflict of Interest in the Public Sector: A Toolkit 13 (2005),
http://www.oecd.org/gov/ethics/49107986.pdf [hereinafter Managing Conflict of Interest in the Public Sector: A Toolkit].
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