Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
gia, have gone so far as to allow observers to file formal complaints.316
But, it should be highlighted that generally observers are not permitted
to publicly comment on their observations during the conduct of an election, give instructions to election officials, countermand their decisions, or
file a complaint.317 Whether they are domestic or international, observers
should demonstrate high levels of competence, impartiality, objectivity
and professionalism during the election process.318
i. Guidelines and codes of conduct
Generally, states establish rules for the selection of election observers.
Mexico requires a timely application to register to be an observer, and
observers may not have party affiliations. Observers are also asked to
attend training courses held by the Instituto Federal Electoral or by observation organizations.319 In order to ensure complete neutrality and optimal
performance the OAS has several rules that guide the selection of observers: observers may not be citizens of the host country and they must not
be of a nationality that poses a potential conflict.320 Regarding skills and
competencies, the guidelines require the observers to have “educational
and professional experience in the social sciences” 321 and that knowledge
and fieldwork experience in political and electoral matters is also recommended. Thus, it is essential for observers to be informed and/or trained
Official Gazette of Bosnia and Herzegovina (23/01) art. 16.9 (Bosn. & Herz.). The current
version of this law hedges slightly on this position by stating that observers may send notice to the proper authority which will be treated as if it were a complaint filed by a political
party. Id. art. 17.9; see also Law on General Elections (No. 03-L073), art. 56.2 (June 5, 2008)
(Kos.) (“During the electoral process, including the voter registration process, an accredited
observer may submit a complaint of any violation of applicable Rules, Administrative
Directions, Electoral Rules, or Administrative Procedure to the CEC in accordance with its
procedures.”); Election Code, arts. 70, 77 (Geor.) (allowing observers to lodge complaints to
and appeal decisions of Precinct and District Elections Commissions).
317
OSCE/ODIHR, Election Observation Handbook 21 (5th ed. 2007) (“Observers will undertake their duties in an unobtrusive manner and will not interfere in the electoral process.
Observers may raise questions with election officials and bring irregularities to their
attention, but they must not give instructions or countermand their decisions.”), available
at http://www.osce.org/publications/odihr/2005/04/14004_240_en.pdf; Venice Commission
Code, supra note 44, at 29 (“Generally, international as well as national observers must be
in a position to interview anyone present, take notes and report to their organization, but
they should refrain from making comments.”).
318
Ethiopia Code of Conduct, supra note 315, § 4(d).
319
30 Essential Questions, supra note 256, Question 24.
320
GS/OAS Best Practices, supra note 311, at 29. Specifically, “[i]t is important to ensure that
observers’ nationalities do not create tensions or mistrust among the citizens of the host
country. It is important to ensure that observers do not come from countries that have
undergone recent political or diplomatic tensions with the host country.” Id.
321
Id.
316
92