Extracts from OSCE Commitments in the human dimension Elections

Copenhagen 1990

(5) [The participating States] solemnly declare that among the elements of justice which are essential to the full expression of the inherent dignity of the human person and the equal and inalienable rights of all human beings are the following:

(5.1) free elections held at reasonable intervals by secret ballot or an equivalent free voting procedure under conditions which ensure in practice the free expression of opinion of the electors in choosing their representatives;

(…)

(6) The participating States declare that the will of the people, expressed freely and honestly in periodic and genuine elections, is the basis of the authority and legitimacy of any government. The participating States shall accordingly respect the right of their citizens to take part in the government of the country, directly or through representatives freely chosen by them in a fair electoral process.

(…)

(7) In order for the will of the people to serve as the basis of the authority of government, the participating States

(7.1) hold free elections at reasonable intervals, as prescribed by law;

(7.2) allow all seats in at least one chamber of the national legislature to be freely contested by candidates in popular elections;

(7.3) guarantee adult citizens universal and equal suffrage;

(7.4) ensure that voting is conducted by secret ballot or an equivalent free voting procedure is used and that the counting and reporting of votes is fair and official results are published;

(7.5) respect the right of citizens to seek political or public office, either individually or as representatives of political parties or organizations, without discrimination;

(7.6) respect the right of individuals and groups of individuals to establish, in complete freedom, their own political parties or other political organizations and provide such political parties and organizations with the necessary legal guarantees to enable them to compete with each other on a basis of equality before the law and authorities;

(7.7) ensure that the law and public policy permit the conduct of political campaigns in an atmosphere of freedom and fairness, in which no administrative action, violence or intimidation prevents parties and candidates from freely expressing their views and assessments, and does not prevent voters from getting acquainted with them and discuss them or vote freely without fear of punishment;

(7.8) ensure that no legal or administrative barriers are placed to unhindered access to the media on a non-discriminatory basis for all political groupings and individuals wishing to take part in the electoral process;

(7.9) ensure that candidates who have received the required number of votes as determined by law shall properly take office and be able to remain in office until the expiration of their term of office or until they are otherwise terminated as regulated by law in accordance with democratic parliamentary and constitutional procedures.

(8) The participating States consider that the presence of observers, both foreign and national, can enhance the credibility of the electoral process for states in which elections are held. Therefore, they invite observers from any other CSCE participating States and any relevant private institutions and organizations who wish to do so to observe the course of their national elections, to the extent permitted by law. They will also seek to promote the same access to electoral processes held at a lower than national level. Such observers will undertake not to interfere in the electoral process.

Paris 1990 (New era of democracy, peace and unity)

We reaffirm that, without discrimination of any kind, everyone has (…) the right to:

(…)

participate in free and fair elections

(…)

We decide to establish an Office for Free Elections in Warsaw to facilitate contacts and exchange of information on elections in the participating States.

Geneva 1991

The participating States will consider favorably, to the extent permitted by law, the presence of observers at elections held at a lower level than the national level, including elections in territories inhabited by national minorities, and will endeavor to facilitate their access.

(…)

Lisbon 1996 (Summit Declaration)

9. (…) Among the acute problems of the human dimension, persistent violations of human rights, in particular in the form of (…) electoral fraud (…) remain a threat to stability in the OSCE region (…) We are determined to continue efforts to address these problems.

Istanbul 1999 (Summit Declaration)

26. With a large number of elections ahead of us, we are committed to these being free and fair, and in accordance with OSCE principles and commitments. This is the only way in which there can be a stable basis for democratic development. We appreciate the role of the ODIHR in assisting countries to develop electoral legislation in keeping with OSCE principles and commitments, and we agree to follow up promptly ODIHR’s election assessments and recommendations. We value the work of the ODIHR and the OSCE Parliamentary Assembly - before, during and after elections - which further contributes to the democratic process. We are committed to secure the full right of persons belonging to minorities to vote and to facilitate the right of refugees to participate in elections held in their countries of origin. We pledge to ensure fair competition among candidates as well as parties, including through their access to the media and respect for the right of assembly.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

25. We reaffirm our commitment to holding free and fair elections in accordance with OSCE commitments and in particular the 1990 Copenhagen Document. We recognize that the ODIHR can assist participating States in the development and implementation of electoral legislation. Consistent with these commitments, we will invite observers from other participating States, the ODIHR, the OSCE Parliamentary Assembly, and relevant institutions and organizations to the elections in our countries that would like to observe them. We agree to respond promptly to ODIHR's election assessment findings and recommendations.

Porto 2002 (Decisions: Decision No. 7/2 Commitments relating to elections) The Ministerial Council, Recalling the provisions of the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE (1990),

noting that these provisions have been supplemented by new obligations (…)

Reaffirming our determination to fulfill these obligations,

Noting that democratic elections can be held under a variety of electoral systems,

Recognizing the expertise of the ODIHR in assisting participating States in fulfilling election-related commitments,

Taking into account PC Decision No. 509 International Norms and Commitments: A Practical Guide to Best Practices for Democratic Elections,

calls on participating States to respond more effectively to ODIHR’s election observation recommendations (…)

Maastricht 2003 (Decisions: Decision No. 5/03 Elections) Council of Ministers,

(…)

Welcoming the continued good cooperation between the ODIHR and the OSCE Parliamentary Assembly in the field of election observation,

Welcoming the document “Existing Commitments for Democratic Elections in OSCE Participating States: Progress Report” (ODIHR. GAL/39/03) prepared by ODIHR and presented to participating States in June this year,

Recognizing, in particular, the need for the confidence of the electorate in the whole process, the transparency of electoral procedures and the accountability of the bodies involved in the conduct of elections,

encourages participating States to further deepen their cooperation with the ODIHR in this area,

Tasks the ODIHR to consider ways to improve its assistance to participating States in following up on recommendations made in ODIHR election observation reports (…)

Brussels 2006 (Decisions: Decision No. 19/06 Enhancing the Effectiveness of the OSCE)

Council of Ministers,

(…)

1. Expresses gratitude to the ODIHR for the work done in accordance with paragraph 2 of Ministerial Council Decision No. 17/05, and takes note of his report issued on 10 November 2006;

(…)

3. Reminds participating States that they should align their legislation and jurisprudence with OSCE commitments;

4. Takes note of the assessment regarding the current state of the implementation of existing commitments by the participating States, and stresses in particular that the responsibility for the effective implementation of the commitments they have accepted within the framework of the OSCE lies with the participating States themselves. In this regard, the ODIHR plays an important role in assisting them;

5. Tasks the Permanent Council, taking into account the recommendations of the ODIHR and other relevant OSCE institutions, to pay attention to the problems of implementation of the commitments in the areas formulated in this report, with a view to making better use of ODIHR assistance;

6. Takes note of the proposals in this report for new commitments and requests the Permanent Council to give its opinion on them before the start of the Ministerial Council in Madrid in 2007;

(…)

8. Commits itself to further developing OSCE activities related to the electoral process, and in this regard reaffirms the provisions of the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE (1990) as the cornerstone of the overall OSCE commitments adopted by the participating States for the protection and promotion of human rights and fundamental freedoms, including those rights and freedoms necessary for the holding of democratic elections;

9. Notes that these commitments are supplemented by the relevant provisions of the Budapest Summit Declaration (1994), the Lisbon Summit Declaration (1996), the Istanbul Summit Declaration (1999), the European Security Charter (1999) and subsequent decisions of the Ministerial Council meetings in Porto (2002) and Maastricht (2003), which supplemented these commitments;

10. Reaffirms the commitment of participating States to invite observers from other participating States, the ODIHR, the OSCE Parliamentary Assembly and relevant institutions and organizations wishing to send such observers to monitor elections;

11. Emphasizes that the participating States themselves can effectively contribute to strengthening the integrity of the electoral process by sending their own observers;

Astana 2010.

(…)

6. We appreciate the important role that civil society and free media play in helping us to fully ensure respect for human rights, fundamental freedoms, democracy, including free and fair elections, and the rule of law