International Foundation for Electoral Systems
law”), although this is less common. There is also international support for codes of conduct to regulate
parties, candidates, and media during elections. The Inter-Parliamentary Council’s Declaration on the
Criteria for Free and Fair Elections recommends that states “[e]ncourage parties, candidates and the
media to accept and adopt a Code of Conduct to govern the election campaign and the polling period.”
The United Nations Convention Against Corruption similarly encourages states to “endeavor to apply,
within its own institutional and legal systems, codes or standards of conduct for the correct, honorable
and proper performance of public functions.”
Who interprets and enforces codes of conduct?
Enforcement of codes of conduct depends on whether they are considered “soft” or “hard” law. Codes
of conduct are considered “soft law” when they are not passed by a lawmaking body and thus rely on
voluntary compliance. Codes of conduct that are considered “hard law” have the weight and
enforceability of a statute when they are written and passed by a legislature. Some countries have made
adherence to a code of conduct a condition of candidacy to ensure compliance. Compliance may also
come from a fear of sanctions by the administrative body, either through negative employment actions
by the EMB to enforce internal compliance, or through public shaming by the EMB or other
organizations to enforce external compliance by outside groups like political parties. They may be
relevant in legal proceedings where customs or internal rules may be offered as evidence, and so in
these instances compliance is enforced by fear of litigation. Codes of conduct may be self-enforcing
when compliance serves the interests of the group, or when the code of conduct is merely enumerating
pre-existing normative behaviors.
How are they changed?
Codes of conduct can be changed in the same manner as they are drafted, for example, by the EMB.
Policies
What is the purpose of a policy?
The term “policy” is used in different senses related to governance:
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General state policy – the political principles and direction set by a government, which forms the
basis of its administration;
Legislative policy – a statement of the political purpose to be achieved with a new law, the way
the purpose is to be achieved and a set of instructions for the professional legislative drafters
who will draft a bill; and
Administrative policy – statements and guidelines issued by an authority regarding the way it
intends to administer its duties and exercise its discretion.
The policies issued in elections are of the third type. They are generally broad, informative statements of
intent regarding principles to be followed, priority of programs, or an administrative step completed. For
example, Nepal’s Election Commission has instituted a “gender and inclusiveness policy” that lists a
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