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

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