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

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