Chapter 1: International Standards
on the entire electoral process of the country where the mission is taking
place, which should include information on pre-election, Election Day and
post-election irregularities.
States are encouraged to adopt codes of conduct for their election observers, in order to maintain consistent guidance on behavioral requirements
and to provide for accountability in the case of violations.322 The E.U. adopted an Election Observers Code of Conduct providing for pre-election
training for observers.323 The code also requires impartiality and compliance with the national laws and regulations of the host country. Election
observers have a duty to report any violation of electoral law or rules of
procedure and they should base their conclusions on well-documented,
factual, and verifiable evidence.324 They are also encouraged to promote
the removal of undue restrictions or interference that may put in jeopardy
the integrity of electoral processes.325 As such, observers can play a key
role in both facilitating and encouraging redress for election law violations.
When a state issues guidelines or codes of conduct for election observers, a distinction should be made between international and national observers. For example, the rules on legal standing regarding the filing of
a complaint may differ. In Ukraine, the law makes a distinction between
national and international observers, giving the former the right to lodge
complaints but not the latter.326
Ideally, observers should not be allowed
to initiate complaints, as that makes them participants in the election, and
their mission should be limited to observation and reporting. If they participate in the electoral process it will create a conflict of interest and
undermine their independence. In the Afghan 2009 elections, the ECC
agreed to accept complaints from the main national observer group, the
Free and Fair Election Foundation of Afghanistan. However, the ECC did
Ethiopia Code of Conduct, supra note 315, § 4(d) (“Election observers may bring to the attention of election officers at the polling stations or counting venues any irregularities they
might have observed.”).
323
European Union Election Observers Code of Conduct, pursuant to Council of Europe Dec.
No. 9262/98, PESC 157, COHOM 6, available at http://www.eueom-afghanistan.org/EN/
PDF/EU_documents/Code_of_Conduct.pdf.
324
Id.
325
Election Observation Declaration, supra note 307, § 15(d).
326
Law of Ukraine on Elections of People’s Deputies of Ukraine (Act No. 2777-IV), arts. 59-61
(2005).
322
93