7/8/2020
Mexico 9768, 9780 and 9828
are the bodies entrusted with the organization of elections.
conclude that:
This led the Commission to
The system instituted through the Electoral Statute … seriously demeans the electoral
process because it gives a party not only the absolute majority of the legislative bodies,
but also of the bodies entrusted with organizing the electoral process. This system
lacks, therefore, the necessary institutional controls which guarantee the purity of
elections (page 106).
67.
In the 1986-1987 Annual Report, the Commission refers to the electoral process
in Chile at that time, discussing the provisions of the Voter Registration Act designed to
organize the registration procedures and to create an Electoral Service. The Commission
underscores the relevance of criticism formulated at that time to the practical implementation
of the law (page 236).
68.
In the same Annual Report, the Commission extensively examines the crisis in
Haiti as a result of the confrontation between the Provisional Electoral Council and the National
Government Council, which is in great measure attributed to the struggle for control over the
operational aspects of the election process (pages 258 to 263). This is again reviewed in detail
in the Report on the Situation of Human Rights in Haiti in 1988.
69.
In its 1989 Report on the Human Rights Situation in Panama, the Commission
points out that “the legal and institutional system for the organization of elections offered no
guarantees of impartial conduct on the part of the organs responsible for implementing the
actions related to it.” (page 52)
70.
According to the presentation on the opinions of the Inter-American
Commission on Human Rights regarding specific situations related to the authenticity of the
elections, the purpose is to achieve general conditions so that the electoral process offers every
group that participates an equal opportunity.
71.
The absence of coercions implied in this has led the Commission to specifically
bear in mind the existence of states of exception that restrict the exercise of political rights.
This measure gives the authorities very powerful instruments of control over the opposition
such as freedom of expression, the freedom of assembly, the right to residency and travel, and
the right to personal liberty and judicial guarantees.
72.
With respect to the exercise of the right to freedom of expression, the
Commission has considered the manner in which the government uses its power both for
disseminating messages in its favor as well as restricting the possibility of the opposition to
broadcast its message. On that matter the Commission has analyzed the legal measures which
regulate the exercise of this right and practices related to it, studying both direct and indirect
restrictions which can be used by the authorities against the opposition.
73.
With respect to the freedom of assembly, the experience of the Commission has
led it to examine the restrictions of this right resulting from states of exception or other legal
restrictions (police permits, for example) or the use of indirect controls such as the obligatory
participation of public employees in demonstrations.
74.
An element of special importance with respect to the general conditions in which
electoral processes are conducted, are the activities of groups informally linked to one of the
participating parties–usually the government party–who, through acts of violence, tend to
intimidate those who oppose them. The Commission has referred, on numerous occasions, to
situations the effect of which is to modify the basic conditions of equality under which elections
must be held.
75.
As to specific features of the organization of elections, the Commission has
referred to the laws that regulate them with the aim of determining whether those laws
guarantee both the adequate casting of the vote, as well as their correct tally, underscoring the
powers vested in those bodies entrusted with implementing the activities of the electoral
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