Condensed entry: Every citizen has the right to vote and to be elected at genuine periodic elections guaranteeing the free expression of the will of the voters . Elections should be free in the sense that persons entitled to vote must be free to vote for any candidate for election and for or against any proposal submitted to referendum or plebiscite, and free to support or to oppose government, without undue influence or coercion of any kind which may distort or inhibit the free expression of the elector's will.Elections should be held periodically at intervals which are not unduly long and which ensure that the authority of government continues to be based on the free expression of the will of electors.
An independent electoral authority should be established to supervise the electoral process. Votes should be counted in the presence of the candidates or their agents. Overruling the outcome of elections, when international observers have accepted the elections as free and fair, without justifiable proof of irregularities constitutes a violation of the right to participation in free and fair elections.
Comprehensive entry: Article 25(b) ICCPR guarantees the right of every citizen to vote and to be elected at genuine periodic elections guaranteeing the free expression of the will of the electors.[1] Genuine elections must guarantee the free expression of the will of the voters. The preparation and conduct of elections should be free in the sense that ‘persons entitled to vote must be free to vote for any candidate for election and for or against any proposal submitted to referendum or plebiscite, and free to support or to oppose government, without undue influence or coercion of any kind which may distort or inhibit the free expression of the elector's will’.[2] A constitutional monarchy based on separation of powers is not in itself contrary to article 25 of the Covenant.[3] An independent electoral authority should be established to supervise the electoral process fairly, impartially and in accordance with laws compatible with the ICCPR.[4] Votes should be counted in the presence of the candidates or their agents.[5] There should be independent scrutiny of the voting and counting process and access to judicial review or other equivalent process so that electors have confidence in the security of the ballot and the counting of the votes.[6] Assistance provided to the disabled, blind or illiterate should be independent.[7] Electors should be fully informed of these guarantees. The results of genuine elections should be respected and implemented.[8] Overruling the outcomes of elections, when international observers have accepted the elections as free and fair, without justifiable proof of irregularities constitutes a violation of the right to participation in free and fair elections.[9] Military coups violate the right to participation in free and fair elections.[10] States should ensure the transparency of elections.[11] Ensuring the transparency and integrity of the entire electoral process requires ‘facilitating the deployment of representatives of political parties and individual candidates at polling and counting stations and by accrediting national and/other observers/monitors’.[12] Public funding of political candidates and/or parties should be transparent and based on an agreed legal threshold. A free and fair election is less likely if the government denies financial resources to its opponents, while using all the resources at its disposal to put the opposition at a disadvantage. Reasonable limitations on campaign expenditure may be justified where this is necessary to ensure that the free choice of voters is not undermined or the democratic process distorted by the disproportionate expenditure on behalf of any candidate or party.[13] Elections should be held periodically ‘at intervals which are not unduly long and which ensure that the authority of government continues to be based on the free expression of the will of electors’ on a schedule known to the electorate on a specified date or within a particular time frame.[14]
[1] CEDAW art 7; art 3 of the First Protocol ECHR; art 23 ACHR; art 13 ACHPR; African Charter on Democracy, Elections and Governance (2007) arts 2(3), 3(4), 17-22, and on unconstitutional changes of government arts 23-26 ; Declaration on the Principles Governing Democratic Elections in Africa (2002).
[9]Constitutional Rights Project and Another v Nigeria (2000) AHRLR 191 (ACHPR 1998) para 46-50.
[10]Jawara v The Gambia communications 147/95 and 149/96 (ACHPR 2000) paras 66 & 67.
[11] African Charter on Democracy, Elections and Governance art 17.
[12] AU Declaration on the Principles Governing Democratic Elections in Africa (2002) principle III(i). See also SADC Principles and Guidelines Governing Democratic Elections principle 7.8.
Every citizen has the right to vote and to be elected at genuine periodic elections guaranteeing the free expression of the will of the voters . Elections should be free in the sense that persons entitled to vote must be free to vote for any candidate for election and for or against any proposal submitted to referendum or plebiscite, and free to support or to oppose government, without undue influence or coercion of any kind which may distort or inhibit the free expression of the elector's will.Elections should be held periodically at intervals which are not unduly long and which ensure that the authority of government continues to be based on the free expression of the will of electors.
An independent electoral authority should be established to supervise the electoral process. Votes should be counted in the presence of the candidates or their agents. Overruling the outcome of elections, when international observers have accepted the elections as free and fair, without justifiable proof of irregularities constitutes a violation of the right to participation in free and fair elections.
Comprehensive entry:
Article 25(b) ICCPR guarantees the right of every citizen to vote and to be elected at genuine periodic elections guaranteeing the free expression of the will of the electors.[1]
Genuine elections must guarantee the free expression of the will of the voters. The preparation and conduct of elections should be free in the sense that ‘persons entitled to vote must be free to vote for any candidate for election and for or against any proposal submitted to referendum or plebiscite, and free to support or to oppose government, without undue influence or coercion of any kind which may distort or inhibit the free expression of the elector's will’.[2] A constitutional monarchy based on separation of powers is not in itself contrary to article 25 of the Covenant.[3]
An independent electoral authority should be established to supervise the electoral process fairly, impartially and in accordance with laws compatible with the ICCPR.[4] Votes should be counted in the presence of the candidates or their agents.[5] There should be independent scrutiny of the voting and counting process and access to judicial review or other equivalent process so that electors have confidence in the security of the ballot and the counting of the votes.[6] Assistance provided to the disabled, blind or illiterate should be independent.[7] Electors should be fully informed of these guarantees. The results of genuine elections should be respected and implemented.[8] Overruling the outcomes of elections, when international observers have accepted the elections as free and fair, without justifiable proof of irregularities constitutes a violation of the right to participation in free and fair elections.[9] Military coups violate the right to participation in free and fair elections.[10]
States should ensure the transparency of elections.[11] Ensuring the transparency and integrity of the entire electoral process requires ‘facilitating the deployment of representatives of political parties and individual candidates at polling and counting stations and by accrediting national and/other observers/monitors’.[12]
Public funding of political candidates and/or parties should be transparent and based on an agreed legal threshold. A free and fair election is less likely if the government denies financial resources to its opponents, while using all the resources at its disposal to put the opposition at a disadvantage. Reasonable limitations on campaign expenditure may be justified where this is necessary to ensure that the free choice of voters is not undermined or the democratic process distorted by the disproportionate expenditure on behalf of any candidate or party.[13]
Elections should be held periodically ‘at intervals which are not unduly long and which ensure that the authority of government continues to be based on the free expression of the will of electors’ on a schedule known to the electorate on a specified date or within a particular time frame.[14]
[1] CEDAW art 7; art 3 of the First Protocol ECHR; art 23 ACHR; art 13 ACHPR; African Charter on Democracy, Elections and Governance (2007) arts 2(3), 3(4), 17-22, and on unconstitutional changes of government arts 23-26 ; Declaration on the Principles Governing Democratic Elections in Africa (2002).
[2] HRC, General Comment 25 para 19.
[3] Mazón Costa v Spain communication 1745/2007 (HRC 2008) para 3.2.
[4] HRC General Comment 25 para 20.
[5] HRC General Comment 25 para 20.
[6] HRC General Comment 25 para 20.
[7] HRC General Comment 25 para 20.
[8] HRC General Comment 25 para 19.
[9] Constitutional Rights Project and Another v Nigeria (2000) AHRLR 191 (ACHPR 1998) para 46-50.
[10] Jawara v The Gambia communications 147/95 and 149/96 (ACHPR 2000) paras 66 & 67.
[11] African Charter on Democracy, Elections and Governance art 17.
[12] AU Declaration on the Principles Governing Democratic Elections in Africa (2002) principle III(i). See also SADC Principles and Guidelines Governing Democratic Elections principle 7.8.
[13] HRC General Comment 25 para 19.
[14] HRC General Comment 25 para 9.