Reaffirming the significance of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights which establish that the authority to govern shall be based on the will of the people as expressed in periodic and genuine elections,

Acknowledging and endorsing the fundamental principles relating to periodic free and fair elections that have been recognized by States in universal and regional human rights instruments, including the right of everyone to take part in the government of his or her country directly or indirectly through freely chosen representatives, to vote in such elections by secret ballot, to have an equal opportunity to become a candidate for election, and to put forward his or her political views, individually or in association with others,

Conscious of the fact that each State has the sovereign right, in accordance with the will of its people, freely to choose and develop its own political, social, economic and cultural systems without interference by other States in strict conformity with the United Nations Charter,

Wishing to promote the establishment of democratic, pluralist systems of representative government throughout the world,

Recognizing that the establishment and strengthening of democratic processes and institutions is the common responsibility of governments, the electorate and organized political forces, that periodic and genuine elections are a necessary and indispensable element of sustained efforts to protect the rights and interests of the governed and that, as a matter of practical experience, the right of everyone to take part in the government of his or her country is a crucial factor in the effective enjoyment by all of human rights and fundamental freedoms,

Welcoming the expanding role of the United Nations, the Inter-Parliamentary Union, regional organizations and parliamentary assemblies, and international and national non-governmental organizations in providing electoral assistance at the request of governments,

Therefore adopts the following Declaration on Free and fair Elections, and urges Governments and Parliaments throughout the world to be guided by the principles and standards set out therein :

1. Free and Fair Elections
   In any State the authority of the government can only derive from the will of the people as expressed in genuine, free and fair elections held at regular intervals on the basis of universal, equal and secret suffrage.
   
   
2. Voting and Elections Rights
   
   
   1. Every adult citizen has the right to vote in elections, on a non-discriminatory basis.
      
      
   2. Every adult citizen has the right to access to an effective, impartial and non-discriminatory procedure for the registration of voters.
      
      
   3. No eligible citizen shall be denied the right to vote or disqualified from registration as a voter, otherwise than in accordance with objectively verifiable criteria prescribed by law, and provided that such measures are consistent with the State's obligations under international law.
      
      
   4. Every individual who is denied the right to vote or to be registered as a voter shall be entitled to appeal to a jurisdiction competent to review such decisions and to correct errors promptly and effectively.
      
      
   5. Every voter has the right to equal and effective access to a polling station in order to exercise his or her right to vote.
      
      
   6. Every voter is entitled to exercise his or her right equally with others and to have his or her vote accorded equivalent weight to that of others.
      
      
   7. The right to vote in secret is absolute and shall not be restricted in any manner whatsoever.
      
      
3. Candidature, Party and Campaign Rights and Responsibilities
   
   
   1. Everyone has the right to take part in the government of their country and shall have an equal opportunity to become a candidate for election. The criteria for participation in government shall be determined in accordance with national constitutions and laws and shall not be inconsistent with the State's international obligations.
      
      
   2. Everyone has the right to join, or together with others to establish, a political party or organization for the purpose of competing in an election.
      
      
   3. Everyone individually and together with others has the right:
      
      
      • To express political opinions without interference;
        
        
      • To seek, receive and impart information and to make an informed choice;
        
        
      • To move freely within the country in order to campaign for election;
        
        
      • To campaign on an equal basis with other political parties, including the party forming the existing government.
        
        
   4. Every candidate for election and every political party shall have an equal opportunity of access to the media, particularly the mass communications media, in order to put forward their political views.
      
      
   5. The right of candidates to security with respect to their lives and property shall be recognized and protected.
      
      
   6. Every individual and every political party has the right to the protection of the law and to a remedy for violation of political and electoral rights.
      
      
   7. The above rights may only be subject to such restrictions of an exceptional nature which are in accordance with law and reasonably necessary in a democratic society in the interests of national security or public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others and provided they are consistent with States' obligations under international law. Permissible restrictions on candidature, the creation and activity of political parties and campaign rights shall not be applied so as to violate the principle of non-discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
      
      
   8. Every individual or political party whose candidature, party or campaign rights are denied or restricted shall be entitled to appeal to a jurisdiction competent to review such decisions and to correct errors promptly and effectively.
      
      
   9. Candidature, party and campaign rights carry responsibilities to the community. In particular, no candidate or political party shall engage in violence.
      
      
   10. Every candidate and political party competing in an election shall respect the rights and freedoms of others.
       
       
   11. Every candidate and political party competing in an election shall accept the outcome of a free and fair election.
       
       
4. The Rights and Responsibilities of States
   
   
   1. States should take the necessary legislative steps and other measures, in accordance with their constitutional processes, to guarantee the rights and institutional framework for periodic and genuine, free and fair elections, in accordance with their obligations under international law. In particular, States should:
      
      
      • Establish an effective, impartial and non-discriminatory procedure for the registration of voters;
        
        
      • Establish clear criteria for the registration of voters, such as age, citizenship and residence, and ensure that such provisions are applied without distinction of any kind;
        
        
      • Provide for the formation and free functioning of political parties, possibly regulate the funding of political parties and electoral campaigns, ensure the separation of party and State, and establish the conditions for competition in legislative elections on an equitable basis;
        
        
      • Initiate or facilitate national programmes of civic education, to ensure that the population are familiar with election procedures and issues;
        
        
   2. In addition, States should take the necessary policy and institutional steps to ensure the progressive achievement and consolidation of democratic goals, including through the establishment of a neutral, impartial or balanced mechanism for the management of elections. In so doing, they should, among other matters:
      
      
      • Ensure that those responsible for the various aspects of the election are trained and act impartially, and that coherent voting procedures are established and made known to the voting public;
        
        
      • Ensure the registration of voters, updating of electoral rolls and balloting procedures, with the assistance of national and international observers as appropriate;
        
        
      • Encourage parties, candidates and the media to accept and adopt a Code of Conduct to govern the election campaign and the polling period;
        
        
      • Ensure the integrity of the ballot through appropriate measures to prevent multiple voting or voting by those not entitled thereto;
        
        
      • Ensure the integrity of the process for counting votes.
        
        
   3. States shall respect and ensure the human rights of all individuals within their territory and subject to their jurisdiction. In time of elections, the State and its organs should therefore ensure:
      
      
      • That freedom of movement, assembly, association and expression are respected, particularly in the context of political rallies and meetings;
        
        
      • That parties and candidates are free to communicate their views to the electorate, and that they enjoy equality of access to State and public-service media;
        
        
      • That the necessary steps are taken to guarantee non-partisan coverage in State and public-service media.
        
        
   4. In order that elections shall be fair, States should take the necessary measures to ensure that parties and candidates enjoy reasonable opportunities to present their electoral platform.
      
      
   5. States should take all necessary and appropriate measures to ensure that the principle of the secret ballot is respected, and that voters are able to cast their ballots freely, without fear or intimidation.
      
      
   6. Furthermore, State authorities should ensure that the ballot is conducted so as to avoid fraud or other illegality, that the security and the integrity of the process is maintained, and that ballot counting is undertaken by trained personnel, subject to monitoring and/or impartial verification.
      
      
   7. States should take all necessary and appropriate measures to ensure the transparency of the entire electoral process including, for example, through the presence of party agents and duly accredited observers.
      
      
   8. States should take the necessary measures to ensure that parties, candidates and supporters enjoy equal security, and that State authorities take the necessary steps to prevent electoral violence.
      
      
   9. States should ensure that violations of human rights and complaints relating to the electoral process are determined promptly within the timeframe of the electoral process and effectively by an independent and impartial authority, such as an electoral commission or the courts.
      
      

1. Article 25 of the Covenant recognizes and protects the right of every citizen to take part in the conduct of public affairs, the right to vote and to be elected and the right to have access to public service. Whatever form of constitution or government is in force, the Covenant requires States to adopt such legislative and other measures as may be necessary to ensure that citizens have an effective opportunity to enjoy the rights it protects. Article 25 lies at the core of democratic government based on the consent of the people and in conformity with the principles of the Covenant.
   
   
2. The rights under article 25 are related to, but distinct from, the right of peoples to self-determination. By virtue of the rights covered by article 1 (1), peoples have the right to freely determine their political status and to enjoy the right to choose the form of their constitution or government. Article 25 deals with the right of individuals to participate in those processes which constitute the conduct of public affairs. Those rights, as individual rights, can give rise to claims under the first Optional Protocol.
   
   
3. In contrast with other rights and freedoms recognized by the Covenant (which are ensured to all individuals within the territory and subject to the jurisdiction of the State), article 25 protects the rights of "every citizen". State reports should outline the legal provisions which define citizenship in the context of the rights protected by article 25. No distinctions are permitted between citizens in the enjoyment of these rights on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Distinctions between those who are entitled to citizenship by birth and those who acquire it by naturalization may raise questions of compatibility with article 25. State reports should indicate whether any groups, such as permanent residents, enjoy these rights on a limited basis, for example, by having the right to vote in local elections or to hold particular public service positions.
   
   
4. Any conditions which apply to the exercise of the rights protected by article 25 should be based on objective and reasonable criteria. For example, it may be reasonable to require a higher age for election or appointment to particular offices than for exercising the right to vote, which should be available to every adult citizen. The exercise of these rights by citizens may not be suspended or excluded except on grounds which are established by law and which are objective and reasonable. For example, established mental incapacity may be a ground for denying a person the right to vote or to hold office.
   
   
5. The conduct of public affairs, referred to in paragraph (a), is a broad concept which relates to the exercise of political power, in particular the exercise of legislative, executive and administrative powers. It covers all aspects of public administration, and the formulation and implementation of policy at international, national, regional and local levels. The allocation of powers and the means by which individual citizens exercise the right to participate in the conduct of public affairs protected by article 25 should be established by the constitution and other laws.
   
   
6. Citizens participate directly in the conduct of public affairs when they exercise power as members of legislative bodies or by holding executive office. This right of direct participation is supported by paragraph (b). Citizens also participate directly in the conduct of public affairs when they choose or change their constitution or decide public issues through a referendum or other electoral process conducted in accordance with paragraph (b). Citizens may participate directly by taking part in popular assemblies which have the power to make decisions about local issues or about the affairs of a particular community and in bodies established to represent citizens in consultation with government. Where a mode of direct participation by citizens is established, no distinction should be made between citizens as regards their participation on the grounds mentioned in article 2, paragraph 1, and no unreasonable restrictions should be imposed.
   
   
7. Where citizens participate in the conduct of public affairs through freely chosen representatives, it is implicit in article 25 that those representatives do in fact exercise governmental power and that they are accountable through the electoral process for heir exercise of that power. It is also implicit that the representatives exercise only those powers which are allocated to them in accordance with constitutional provisions. Participation through freely chosen representatives is exercised through voting processes which must be established by laws that are in accordance with paragraph (b).
   
   
8. Citizens also take part in the conduct of public affairs by exerting influence through public debate and dialogue with their representatives or through their capacity to organize themselves. This participation is supported by ensuring freedom of expression, assembly and association.
   
   
9. Paragraph (b) of article 25 sets out specific provisions dealing with the right of citizens to take part in the conduct of public affairs as voters or as candidates for election. Genuine periodic elections in accordance with paragraph (b) are essential to ensure the accountability of representatives for the exercise of the legislative or executive powers vested in them. Such elections must be held 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. The rights and obligations provided for in paragraph (b) should be guaranteed by law.
   
   
10. The right to vote at elections and referenda must be established by law and may be subject only to reasonable restrictions, such as setting a minimum age limit for the right to vote. It is unreasonable to restrict the right to vote on the ground of physical disability or to impose literacy, educational or property requirements. Party membership should not be a condition of eligibility to vote, nor a ground of disqualification.
    
    
11. States must take effective measures to ensure that all persons entitled to vote are able to exercise that right. Where registration of voters is required, it should be facilitated and obstacles to such registration should not be imposed. If residence requirements apply to registration, they must be reasonable, and should not be imposed in such a way as to exclude the homeless from the right to vote. Any abusive interference with registration or voting as well as intimidation or coercion of voters should be prohibited by penal laws and those laws should be strictly enforced. Voter education and registration campaigns are necessary to ensure the effective exercise of article 25 rights by an informed community.
    
    
12. Freedom of expression, assembly and association are essential conditions for the effective exercise of the right to vote and must be fully protected. Positive measures should be taken to overcome specific difficulties, such as illiteracy, language barriers, poverty, or impediments to freedom of movement which prevent persons entitled to vote from exercising their rights effectively. Information and materials about voting should be available in minority languages. Specific methods, such as photographs and symbols, should be adopted to ensure that illiterate voters have adequate information on which to base their choice. States parties should indicate in their reports the manner in which the difficulties highlighted in this paragraph are dealt with.
    
    
13. State reports should describe the rules governing the right to vote, and the application of those rules in the period covered by the report. State reports should also describe factors which impede citizens from exercising the right to vote and the positive measures which have been adopted to overcome these factors.
    
    
14. In their reports, States parties should indicate and explain the legislative provisions which would deprive citizens of their right to vote. The grounds for such deprivation should be objective and reasonable. If conviction for an offence is a basis for suspending the right to vote, the period of such suspension should be proportionate to the offence and the sentence. Persons who are deprived of liberty but who have not been convicted should not be excluded from exercising the right to vote.
    
    
15. The effective implementation of the right and the opportunity to stand for elective office ensures that persons entitled to vote have a free choice of candidates. Any restrictions on the right to stand for election, such as minimum age, must be justifiable on objective and reasonable criteria. Persons who are otherwise eligible to stand for election should not be excluded by unreasonable or discriminatory requirements such as education, residence or descent, or by reason of political affiliation. No person should suffer discrimination or disadvantage of any kind because of that person's candidacy. States parties should indicate and explain the legislative provisions which exclude any group or category of persons from elective office.
    
    
16. Conditions relating to nomination dates, fees or deposits should be reasonable and not discriminatory. If there are reasonable grounds for regarding certain elective offices as incompatible with tenure of specific positions (e.g. the judiciary, high-ranking military office, public service), measures to avoid any conflicts of interest should not unduly limit the rights protected by paragraph (b). The grounds for the removal of elected office holders should be established by laws based on objective and reasonable criteria and incorporating fair procedures.
    
    
17. The right of persons to stand for election should not be limited unreasonably by requiring candidates to be members of parties or of specific parties. If a candidate is required to have a minimum number of supporters for nomination this requirement should be reasonable and not act as a barrier to candidacy. Without prejudice to paragraph (1) of article 5 of the Covenant, political opinion may not be used as a ground to deprive any person of the right to stand for election.
    
    
18. State reports should describe the legal provisions which establish the conditions for holding elective public office, and any limitations and qualifications which apply to particular offices. Reports should describe conditions for nomination, e.g. age limits, and any other qualifications or restrictions. State reports should indicate whether there are restrictions which preclude persons in public-service positions (including positions in the police or armed services) from being elected to particular public offices. The legal grounds and procedures for the removal of elected office holders should be described.
    
    
19. In conformity with paragraph (b), elections must be conducted fairly and freely on a periodic basis within a framework of laws guaranteeing the effective exercise of voting rights. 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. Voters should be able to form opinions independently, free of violence or threat of violence, compulsion, inducement or manipulative interference of any kind. 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. The results of genuine elections should be respected and implemented.
    
    
20. An independent electoral authority should be established to supervise the electoral process and to ensure that it is conducted fairly, impartially and in accordance with established laws which are compatible with the Covenant. States should take measures to guarantee the requirement of the secrecy of the vote during elections, including absentee voting, where such a system exists. This implies that voters should be protected from any form of coercion or compulsion to disclose how they intend to vote or how they voted, and from any unlawful or arbitrary interference with the voting process. Waiver of these rights is incompatible with article 25 of the Covenant. The security of ballot boxes must be guaranteed and votes should be counted in the presence of the candidates or their agents. 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. Assistance provided to the disabled, blind or illiterate should be independent. Electors should be fully informed of these guarantees.
    
    
21. Although the Covenant does not impose any particular electoral system, any system operating in a State party must be compatible with the rights protected by article 25 and must guarantee and give effect to the free expression of the will of the electors. The principle of one person, one vote, must apply, and within the framework of each State's electoral system, the vote of one elector should be equal to the vote of another. The drawing of electoral boundaries and the method of allocating votes should not distort the distribution of voters or discriminate against any group and should not exclude or restrict unreasonably the right of citizens to choose their representatives freely.
    
    
22. State reports should indicate what measures they have adopted to guarantee genuine, free and periodic elections and how their electoral system or systems guarantee and give effect to the free expression of the will of the electors. Reports should describe the electoral system and explain how the different political views in the community are represented in elected bodies. Reports should also describe the laws and procedures which ensure that the right to vote can in fact be freely exercised by all citizens and indicate how the secrecy, security and validity of the voting process are guaranteed by law. The practical implementation of these guarantees in the period covered by the report should be explained...

1. Preamble
   . . .
   Reaffirming the importance of the Universal Declaration of Human Rights adopted in December 1948, as well as the International Covenant on Civil and Political Rights adopted in December 1966, which recognized the will of the people expressed through free and fair elections as the basis of the authority of government;
   
   Reaffirming also the significance of the African Charter on Human and Peoples' Rights adopted in Nairobi, Kenya, in June 1981, which recognized the right of every citizen to participate freely in the government of his or her country whether directly or through democratically elected representatives;
   
   Recalling the Declaration of the Assembly of Heads of State and Government of the Organization of African Unity on the Political and Socio-economic Situation in Africa and the Fundamental Changes Taking Place in the World, adopted in Addis Ababa, Ethiopia, in July 1990 wherein OAU Member States undertook to continue with the democratization of African societies and the consolidation of the democratic institutions;
   . . .
   Referring to the Cairo Agenda for Action adopted in Cairo, Egypt, in 1995, which stressed the imperative of ensuring good governance through popular participation based on the respect for human rights and dignity, free and fair elections, as well as on the respect of the principles of freedom of the press, speech, association and conscience;
   
   Cognizant of the fact that each Member State has the sovereign right to choose its political system in accordance with the will of its people and in conformity with the Constitutive Act of the African Union and the universally accepted principles of democracy;
   
   Considering the ever-growing role already played by the OAU in the observation/monitoring of elections and the need to strengthen the Organization's efforts in advancing democracy in Africa;
   
   Agree and endorse the following Principles Governing Democratic Elections in Africa:
   
   
2. Principles of Democratic Elections
   
   
   1. Democratic elections are the basis of the authority of any representative government;
      
      
   2. Regular elections constitute a key element of the democratization process and therefore, are essential ingredients for good governance, the rule of law, the maintenance and promotion of peace, security, stability and development;
      
      
   3. The holding of democratic elections is an important dimension in conflict prevention, management and resolution;
      
      
   4. Democratic elections should be conducted:
      
      
      1. freely and fairly;
         
         
      2. under democratic constitutions and in compliance with supportive legal instruments;
         
         
      3. under a system of separation of powers that ensures in particular, the independence of the judiciary;
         
         
      4. at regular intervals, as provided for in National Constitutions;
         
         
   5. by impartial, all-inclusive competent accountable electoral institutions staffed by well-trained personnel and equipped with adequate logistics;
      
      
3. Responsibilities of Member States
   
   We commit our Governments to:
   
   
   1. take necessary measures to ensure the scrupulous implementation of the above principles, in accordance with the constitutional processes of our respective countries;
      
      
   2. establish where none exist, appropriate institutions where issues such as codes of conduct, citizenship, residency, age requirements for eligible voters, compilation of voters' registers, etc would be addressed;
      
      
   3. establish impartial, all-inclusive, competent and accountable national electoral bodies staffed by qualified personnel, as well as competent legal entities including effective constitutional courts to arbitrate in the event of disputes arising from the conduct of elections;
      
      
   4. safeguard the human and civil liberties of all citizens including the freedom of movement, assembly, association, expression, and campaigning as well as access to the media on the part of all stakeholders, during electoral processes;
      
      
   5. promote civic and voters' education on the democratic principles and values in close cooperation with the civil society groups and other relevant stakeholders;
      
      
   6. take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process, in order to maintain peace and security,;
      
      
   7. ensure the availability of adequate logistics and resources for carrying out democratic elections, as well as ensure that adequate provision of funding for all registered political parties to enable them organise their work, including participation in electoral process.;
      
      
   8. ensure that adequate security is provided to all parties participating in elections;
      
      
   9. ensure the transparency and integrity of the entire electoral process by facilitating the deployment of representatives of political parties and individual candidates at polling and counting stations and by accrediting national and/other observers/monitors;
      
      
   10. encourage the participation of African women in all aspects of the electoral process in accordance with the national laws.
       
       
4. Elections: Rights and Obligations
   
   
   1. We reaffirm the following rights and obligations under which democratic elections are conducted:
      
      
   2. Every citizen shall have the right to participate freely in the government of his or her country, either directly or through freely elected representatives in accordance with the provisions of the law.
      
      
   3. Every citizen has the right to fully participate in the electoral processes of the country, including the right to vote or be voted for, according to the laws of the country and as guaranteed by the Constitution, without any kind of discrimination.
      
      
   4. Every citizen shall have the right to free association and assembly in accordance with the law.
      
      
   5. Every citizen shall have the freedom to establish or to be a member of a political party or Organization in accordance with the law.
      
      
   6. Individuals or political parties shall have the right to freedom of movement, to campaign and to express political opinions with full access to the media and information within the limits of the laws of the land.
      
      
   7. Individual or political parties shall have the right to appeal and to obtain timely hearing against all proven electoral malpractices to the competent judicial authorities in accordance with the electoral laws of the country.
      
      
   8. Candidates or political parties shall have the right to be represented at polling and counting stations by duly designated agents or representatives.
      
      
   9. No individual or political party shall engage in any act that may lead to violence or deprive others of their constitutional rights and freedoms. Hence all stakeholders should refrain from, among others, using abusive language and/or incitement to hate or defamatory allegations and provocative language. These acts should be sanctioned by designated electoral authorities.
      
      
   10. All stakeholders in electoral contests shall publicly renounce the practice of granting favours, to the voting public for the purpose of influencing the outcome of elections.
       
       
   11. In covering the electoral process, the media should maintain impartiality and refrain from broadcasting and publishing abusive language, incitement to hate, and other forms of provocative language that may lead to violence.
       
       
   12. Every candidate and political party shall respect the impartiality of the public media by undertaking to refrain from any act which might constrain or limit their electoral adversaries from using the facilities and resources of the public media to air their campaign messages.
       
       
   13. Every individual and political party participating in elections shall recognize the authority of the Electoral Commission or any statutory body empowered to oversee the electoral process and accordingly render full cooperation to such a Commission/Body in order to facilitate their duties.
       
       
   14. Every citizen and political party shall accept the results of elections proclaimed to have been free and fair by the competent national bodies as provided for in the Constitution and the electoral laws and accordingly respect the final decision of the competent Electoral Authorities or, challenge the result appropriately according to the law.
       
       
5. Election Observation and Monitoring by the OAU
   
   We request the OAU to be fully engaged in the strengthening of the democratization process, particularly by observing and monitoring elections in our Member States, according to the following guidelines:
   
   
   1. The observation and monitoring of elections shall be undertaken subject to a memorandum of understanding between the OAU General Secretariat and the host country in accordance with the principles enshrined in this Declaration and the laws of the host country.
      
      
   2. In performing their obligations, the election observers or monitors shall be guided by detailed guidelines to be prepared by the General Secretariat drawing inspiration from the essential thrust of this declaration, the specific mandates and terms of reference determined by the particular case in question as well as the wider legal framework of the country staging elections.
      
      
   3. Member States should ensure that invitations to the OAU to participate in election observation or monitoring are sent at least two months before the date of the election.
      
      
   4. Member States should refrain from imposing any fees and/or charges on OAU observers i.e. registration/accreditation fees etc and facilitate easy access of observers/monitors to locations of electoral events/activities and unhindered in the performance of their tasks.
      
      
   5. The General Secretariat shall have the right to decline invitations to monitor elections which in its considered opinion, do not measure up to the normative standards enunciated in this Declaration.
      
      
6. Role and Mandate of the General Secretariat
   
   Further request the OAU Secretary General to take all necessary measures to ensure the implementation of this Declaration by undertaking, in particular, the following activities:
   
   
   1. Strengthen its role in the observation and monitoring of elections within the legal framework of the host country, in accordance with the memorandum of understanding reached with that country;
      
      
   2. Mobilize extra-budgetary funds to augment the General Secretariat resource base so as to facilitate the implementation of this Declaration;
      
      
   3. Undertake a feasibility study on the establishment of a Democratization and Electoral Assistance Fund, to facilitate a successful implementation of this Declaration.
      
      
   4. Undertake a feasibility study on the establishment within the OAU General Secretariat of a Democratization and Election Monitoring Unit that will also discharge issues on good governance;
      
      
   5. Compile and maintain a roster of African Experts in the filed of election observation and monitoring and democratization in general in order to deploy competent and professional observers and to avails itself of their services whenever necessary. Member States on their part are requested to assist by making the names of their experts available to the General Secretariat;
      
      
   6. Work out better standards of procedures, preparations and treatment for personnel selected to serve on OAU observer missions.
      
      
   7. Promote cooperation and work in partnership with African Organizations and International Organizations, as well as national institutions, non-governmental Organizations and civil society groups involved in the elected monitoring and observation work.
      
      
   8. Publish and make the General Secretariat Reports on the observation/monitoring of elections and other related activities open to all Member States and the public at large, as a means of consolidating electoral and democratic processes on the continent.
      
      

In order to strengthen respect for, and enjoyment of, human rights and fundamental freedoms, to develop human contacts and to resolve issues of a related humanitarian character, the participating States agree on the following:
. . .

5. They solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following:
   
   
   1. free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives;
      
      
   2. a form of government that is representative in character, in which the executive is accountable to the elected legislature or the electorate;
      
      
   3. the duty of the government and public authorities to comply with the constitution and to act in a manner consistent with law;
      
      
   4. a clear separation between the State and political parties; in particular, political parties will not be merged with the State;
      
      
   5. the activity of the government and the administration as well as that of the judiciary will be exercised in accordance with the system established by law. Respect for that system must be ensured;
      . . .
      
   6. human rights and fundamental freedoms will be guaranteed by law and in accordance with their obligations under international law;
      . . .
      
   7. all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground;
      
      
   8. everyone will have an effective means of redress against administrative decisions, so as to guarantee respect for fundamental rights and ensure legal integrity;
      . . .
      
      
6. The participating States declare that the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government. The participating States will accordingly respect the right of their citizens to take part in the governing of their country, either directly or through representatives freely chosen by them through fair electoral processes. They recognize their responsibility to defend and protect, in accordance with their laws, their international human rights obligations and their international commitments, the democratic order freely established through the will of the people against the activities of persons, groups or organizations that engage in or refuse to renounce terrorism or violence aimed at the overthrow of that order or of that of another participating State.
   
   
7. To ensure that the will of the people serves as the basis of the authority of government, the participating States will;
   
   
   1. hold free elections at reasonable intervals, as established by law;
      
      
   2. permit all seats in at least one chamber of the national legislature to be freely contested in a popular vote;
      
      
   3. guarantee universal and equal suffrage to adult citizens;
      
      
   4. ensure that votes are cast by secret ballot or by equivalent free voting procedure, and that they are counted and reported honestly with the official results made public;
      
      
   5. respect the right of citizens to seek political or public office, individually or as representatives of political parties or organizations, without discrimination;
      
      
   6. respect the right of individuals and groups to establish, in full 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 equal treatment before the law and by the authorities;
      
      
   7. ensure that law and public policy work to permit political campaigning to be conducted in a fair and free atmosphere in which neither administrative action, violence nor intimidation bars the parties and the candidates from freely presenting their views and qualifications, or prevents the voters from learning and discussing them or from casting their vote free of fear of retribution;
      
      
   8. provide that no legal or administrative obstacle stands in the way of unimpeded access to the media on a non-discriminatory basis for all political groupings and individuals wishing to participate in the electoral process;
      
      
   9. ensure that candidates who obtain the necessary number of votes required by law are duly installed in office and are permitted to remain in office until their term expires or is otherwise brought to an end in a manner that is regulated by law in conformity with democratic parliamentary and constitutional procedures.
      
      
8. The participating States consider that the presence of observers, both foreign and domestic, can enhance the electoral process for States in which elections are taking place. They therefore invite observers from any other CSCE participating States and any appropriate private institutions and organizations who may wish to do so to observe the course of their national election proceedings to the extent permitted by law. They will also endeavour to facilitate similar access for election proceedings held below the national level. Such observers will undertake not to interfere in the electoral proceedings.
   
   
9. The participating States reaffirm that;
   
   
   1. everyone will have the right to freedom of expression including the right to communication. This right will include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The exercise of this right may be subject only to such restrictions as are prescribed by law and are consistent with international standards. In particular, no limitation will be imposed on access to, and use of, means of reproducing documents of any kind, while respecting, however, rights relating to intellectual property, including copyright;
      
      
   2. everyone will have the right of peaceful assembly and demonstration. Any restrictions which may be placed on the exercise of these rights will be prescribed by law and consistent with international standards;
      
      
   3. the right of association will be guaranteed. The right to form and -- subject to the general right of a trade union to determine its own membership -- freely to join a trade union will be guaranteed. These rights will exclude any prior control. Freedom of association for workers, including the freedom to strike, will be guaranteed, subject to limitations prescribed by law and consistent with international standards;
      
      
   4. everyone will have the right to freedom of thought, conscience and religion. This right includes freedom to change one's religion or belief and freedom to manifest one's religion or belief, either alone or in community with others, in public or in private, through worship, teaching, practice and observance. The exercise of these rights may be subject only to such restrictions as are prescribed by law and are consistent with international standards;
      

. . .

Introduction

On 8 November 2001 the Standing Committee of the Parliamentary Assembly, acting on behalf of the Assembly, adopted Resolution 1264 (2001) inviting the Venice Commission:

1. to set up a working group, comprising representatives of the Parliamentary Assembly, the CLRAE and possibly other organisations with experience in the matter, with the aim of discussing electoral issues on a regular basis;
   
   
2. to devise a code of practice in electoral matters ...
   
   
3. ... to compile a list of the underlying principles of European electoral systems ...
   
   

The following text is a concrete response to the three aspects of this resolution. It has been adopted by the Council for Democratic Elections – joint working group provided for by the resolution of the Parliamentary Assembly – at its 2nd meeting (3 July 2002); it is based on the underlying principles of the European electoral heritage; it contains guidelines, core of a code of good practice in electoral matters.

This text takes account of the guidelines appended to the explanatory memorandum to the report on which the Assembly resolution was based (Doc. 9267). It also takes account of the work of the Venice Commission in the electoral field, as summarised in Document CDL (2002) 7.

1. Principles of Europe's electoral heritage
   
   The five principles underlying Europe's electoral heritage are universal, equal, free, secret and direct suffrage. Furthermore, elections must be held at regular intervals.
   
   1. Universal suffrage
   
   1.1 Rule and Exceptions
   
   Universal suffrage means in principle that all human beings have the right to vote and to stand for election. This right may, however, and indeed should, be subject to certain conditions:
   
   
   1. Age
      
      
      1. The right to vote and to be elected must be subject to a minimum age.
         
         
      2. The right to vote must be acquired, at the latest, at the age of majority.
         
         
      3. The right to stand for election should preferably be acquired at the same age as the right to vote and in any case not later than the age of 25, except where there are specific qualifying ages for certain offices (e.g. member of the upper house of parliament, Head of State).
         
         
   2. Nationality
      
      
      1. A nationality requirement may apply.
         
         
      2. However, it would be advisable for foreigners to be allowed to vote in local elections after a certain period of residence.
         
         
   3. Residence
      
      
      1. A residence requirement may be imposed.
         
         
      2. Residence in this case means habitual residence.
         
         
      3. A length of residence requirement may be imposed on nationals solely for local or regional elections.
         
         
      4. The requisite period of residence should not exceed six months; a longer period may be required only to protect national minorities.
         
         
      5. the right to vote and to be elected may be accorded to citizens residing abroad.
         
         
   4. Deprivation of the right to vote and to be elected
      
      
      1. Provision may be made for depriving individuals of their right to vote and to be elected, but only subject to the following cumulative conditions:
         
         
      2. It must be provided for by law.
         
         
      3. The proportionality principle must be observed; conditions for depriving individuals of the right to stand for election may be less strict than for disenfranchising them.
         
         
      4. The deprivation must be based on mental incapacity or a criminal conviction for a serious offence.
         
         
      5. Furthermore, the withdrawal of political rights or finding of mental incapacity may only be imposed by express decision of a court of law.
         
         
   1.2 Electoral registers
   
   Fulfillment of the following criteria is essential if electoral registers are to be reliable:
   
   
   1. Electoral registers must be permanent.
      
      
   2. There must be regular up-dates, at least once a year. Where voters are not registered automatically, registration must be possible over a relatively long period.
      
      
   3. Electoral registers must be published.
      
      
   4. There should be an administrative procedure - subject to judicial control - or a judicial procedure, allowing for the registration of the voter who was not registered; the registration should not take place at the polling station on election day.
      
      
   5. A similar procedure should allow the voter to have incorrect inscriptions amended.
      
      
   6. A supplementary register may be a means of giving the vote to persons who have moved or reached statutory voting age since final publication of the register.
      
      
   1.3 Submission of candidatures
   
   
   1. The presentation of individual candidates or lists of candidates may be made conditional on the collection of a minimum number of signatures.
      
      
   2. The law should not require collection of the signatures of more than 1% of voters in the constituency concerned.
      
      
   3. Checking of signatures must be governed by clear rules, particularly concerning deadlines.
      
      
   4. The checking process must in principle cover all signatures; however, once it has been established beyond doubt that the requisite number of signatures has been collected, the remaining signatures need not be checked.
      
      
   5. Validation of signatures must be completed by the start of the election campaign.
      
      
   6. If a deposit is required, it must be refundable should the candidate or party exceed a certain score; the sum and the score requested should not be excessive.
      
      
   2. Equal suffrage
   
   This entails:
   
   2.1 Equal voting rights: each voter has in principle one vote; where the electoral system provides voters with more than one vote, each voter has the same number of votes.
   
   2.2 Equal voting power: seats must be evenly distributed between the constituencies.
   
   
   1. This must at least apply to elections to lower houses of parliament and regional and local elections:
      
      
   2. It entails a clear and balanced distribution of seats among constituencies on the basis of one of the following allocation criteria: population, number of resident nationals (including minors), number of registered voters, and possibly the number of people actually voting. An appropriate combination of these criteria may be envisaged.
      
      
   3. The geographical criterion and administrative, or possibly even historical, boundaries may be taken into consideration.
      
      
   4. The permissible departure from the norm should not be more than 10%, and should certainly not exceed 15% except in special circumstances (protection of a concentrated minority, sparsely populated administrative entity).
      
      
   5. In order to guarantee equal voting power, the distribution of seats must be reviewed at least every ten years, preferably outside election periods.
      
      
   6. With multi-member constituencies, seats should preferably be redistributed without redefining constituency boundaries, which should, where possible, coincide with administrative boundaries.
      
      
   7. When constituency boundaries are redefined – which they must be in a single-member system – it must be done:
      
      
      • impartially;
        
        
      • without detriment to national minorities;
        
        
      • taking account of the opinion of a committee, the majority of whose members are independent; this committee should preferably include a geographer, a sociologist and a balanced representation of the parties and, if necessary, representatives of national minorities.
        
        
   2.3 Equality of opportunity
   
   
   1. Equality of opportunity must be guaranteed for parties and candidates alike. This entails a neutral attitude by state authorities, in particular with regard to:
      
      
      1. the election campaign;
      2. coverage by the media, in particular by the publicly owned media;
      3. public funding of parties and campaigns.
         
         
   2. Depending on the subject matter, equality may be strict or proportional. If it is strict, political parties are treated on an equal footing irrespective of their current parliamentary strength or support among the electorate. If it is proportional, political parties must be treated according to the results achieved in the elections. Equality of opportunity applies in particular to radio and television air-time, public funds and other forms of backing.
      
      
   3. In conformity with freedom of expression, legal provision should be made to ensure that there is a minimum access to privately owned audiovisual media, with regard to the election campaign and to advertising, for all participants in elections.
      
      
   4. Political party, candidates and election campaign funding must be transparent.
      
      
   5. The principle of equality of opportunity can, in certain cases, lead to a limitation of political party spending, especially on advertising.
      
      
   2.4 Equality and national minorities
   
   
   1. Parties representing national minorities must be permitted.
      
      
   2. Special rules guaranteeing national minorities reserved seats or providing for exceptions to the normal seat allocation criteria for parties representing national minorities (for instance, exemption from a quorum requirement) do not in principle run counter to equal suffrage.
      
      
   3. Neither candidates nor voters must find themselves obliged to reveal their membership of a national minority.
      
      
   2.5 Equal and parity of the sexes
   
   Legal rules requiring a minimum percentage of persons of each gender among candidates should not be considered as contrary to the principle of equal suffrage if they have a constitutional basis. 3. Free suffrage
   
   3.1 Freedom of voters to form an opinion
   
   
   1. State authorities must observe their duty of neutrality. In particular, this concerns:
      
      
      1. media;
      2. billposting;
      3. the right to demonstrate;
      4. funding of parties and candidates.
         
         
   2. The public authorities have a number of positive obligations; inter alia, they must:
      
      
      1. submit the candidatures received to the electorate;
      2. enable voters to know the lists and candidates standing for election, for example through appropriate posting.
      3. The above information must also be available in the languages of the national minorities.
   3. Sanctions must be imposed in the case of breaches of duty of neutrality and voters' freedom to form an opinion.
      
      
   3.2 Freedom of voters to express their wishes and action to combat electoral fraud
   
   
   1. Voting procedures must be simple.
      
      
   2. Voters should always have the possibility of voting in a polling station. Other means of voting are acceptable under the following conditions:
      
      
   3. Postal voting should be allowed only where the postal service is safe and reliable; the right to vote using postal votes may be confined to people who are in hospital or imprisoned or to persons with reduced mobility or to electors residing abroad; fraud and intimidation must not be possible.
      
      
   4. Electronic voting should be used only if it is safe and reliable; in particular, voters should be able to obtain a confirmation of their votes and to correct them, if necessary, respecting secret suffrage; the system must be transparent.
      
      
   5. Very strict rules must apply to voting by proxy; the number of proxies a single voter may hold must be limited.
      
      
   6. Mobile ballot boxes should only be allowed under strict conditions, avoiding all risks of fraud.
      
      
   7. Two criteria should be at least used to assess the accuracy of the outcome of the ballot: the number of votes cast and the number of voting slips placed in the ballot box.
      
      
   8. Voting slips must not be tampered with or marked in any way by polling station officials.
      
      
   9. Unused voting slips must never leave the polling station.
      
      
   10. Polling stations must include representatives of a number of parties, and the presence of observers appointed by the candidates must be permitted during voting and counting.
       
       
   11. Military personnel should vote at their place of residence whenever possible. Otherwise, it is advisable that they be registered to vote at the polling station nearest to their duty station.
       
       
   12. Counting should preferably take place in polling stations.
       
       
   13. Counting must be transparent. Observers, candidates' representatives and the media must be allowed to be present. These persons must also have access to the records.
       
       
   14. Results must be transmitted to the higher level in an open manner.
       
       
   15. The state must punish any kind of electoral fraud.
       
       
   4. Secret suffrage
   
   
   1. For the voter, secrecy of voting is not only a right but also a duty, non-compliance with which must be punishable by disqualification of any ballot paper whose content is disclosed.
      
      
   2. Voting must be individual. Family voting and any other form of control by one voter over the vote of another must be prohibited.
      
      
   3. The list of persons actually voting should not be published.
      
      
   4. The violation of secret suffrage should be sanctioned.
      
      
   5. Direct suffrage
   
   The following must be elected by direct suffrage:
   
   
   1. at least one chamber of the national parliament;
      
      
   2. sub-national legislative bodies;
      
      
   3. local councils.
      
      
   6. Frequency of elections
   
   Elections must be held at regular intervals; a legislative assembly's term of office must not exceed five years.
   
   7. Electoral system
   
   Within the respect of the above-mentioned principles, any electoral system may be chosen.
   
   
2. Conditions for implementing these principles
   
   1. Respect for fundamental rights
   
   
   1. Democratic elections are not possible without respect for human rights, in particular freedom of expression and of the press, freedom of circulation inside the country, freedom of assembly and freedom of association for political purposes, including the creation of political parties.
      
      
   2. Restrictions of these freedoms must have a basis in law, be in the public interest and comply with the principle of proportionality.
      
      
   2. Regulatory levels and stability of electoral law
   
   
   1. Apart from technical and detail rules – which may be included in regulations of the executive –, rules of electoral law must have at least the rank of a statute.
      
      
   2. The fundamental elements of electoral law, in particular the electoral system proper, membership of electoral commissions and the drawing of constituency boundaries, should not be open to amendment less than one year before an election, or should be written in the constitution or at a level higher than ordinary law.
      
      
   3. Procedural guarantees
   
   3.1 Organisation of elections by an impartial body
   
   
   1. An impartial body must be in charge of applying electoral law.
      
      
   2. Where there is no longstanding tradition of administrative authorities' independence from those holding political power, independent, impartial electoral commissions must be set up at all levels, from the national level to polling station level.
      
      
   3. The central electoral commission must be permanent in nature.
      
      
   4. It should include:
      
      
      1. at least one member of the judiciary;
         
         
      2. representatives of parties already in parliament or having scored at least a given percentage of the vote; these persons must be qualified in electoral matters.
         It may include:
         
         
      3. a representative of the Ministry of the Interior;
         
         
      4. representatives of national minorities.
         
         
   5. Political parties must be equally represented on electoral commissions or must be able to observe the work of the impartial body. Equality may be construed strictly or on a proportional basis (see point I.2.c.bb).
      
      
   6. The bodies appointing members of electoral commissions must not be free to dismiss them at will.
      
      
   7. Members of electoral commissions must receive standard training.
      
      
   8. It is desirable that electoral commissions take decisions by a qualified majority or by consensus.
      
      
   3.2 Observation of elections
   
   
   1. Both national and international observers should be given the widest possible opportunity to participate in an election observation exercise.
      
      
   2. Observation must not be confined to election day itself, but must include the registration period of candidates and, if necessary, of electors, as well as the electoral campaign. It must make it possible to determine whether irregularities occurred before, during or after the elections. It must always be possible during vote counting.
      
      
   3. The places where observers are not entitled to be present should be clearly specified by law.
      
      
   4. Observation should cover the respect by the authorities of their duty of neutrality.
      
      
   3.3 An effective system of appeal
   
   
   1. The appeal body in electoral matters should be either an electoral commission or a court. For elections to Parliament, an appeal to Parliament may be provided for in first instance. In any case, final appeal to a court must be possible.
      
      
   2. The procedure must be simple and devoid of formalism, in particular concerning the admissibility of appeals.
      
      
   3. The appeal procedure and, in particular, the powers and responsibilities of the various bodies should be clearly regulated by law, so as to avoid conflicts of jurisdiction (whether positive or negative). Neither the appellants nor the authorities should be able to choose the appeal body.
      
      
   4. The appeal body must have authority in particular over such matters as the right to vote – including electoral registers – and eligibility, the validity of candidatures, proper observance of election campaign rules and the outcome of the elections.
      
      
   5. The appeal body must have authority to annul elections where irregularities may have affected the outcome. It must be possible to annul the entire election or merely the results for one constituency or one polling station. In the event of annulment, a new election must be called in the area concerned.
      
      
   6. All candidates and all voters registered in the constituency concerned must be entitled to appeal. A reasonable quorum may be imposed for appeals by voters on the results of elections.
      
      
   7. Time-limits for lodging and deciding appeals must be short (three to five days for each at first instance).
      
      
   8. The applicant's right to a hearing involving both parties must be protected.
      
      
   9. Where the appeal body is a higher electoral commission, it must be able ex officio to rectify or set aside decisions taken by lower electoral commissions.