Guidelines to Assist National Minority Participation in the Electoral Process II. • ROLE OF ODIHR IN PRE-MISSION PHASE The ODIHR Election Section routinely obtains relevant legislation prior to the commencement of a Needs Assessment Mission (NAM). This will include: - • Election Law Constitution Political Parties Law Other relevant laws and decisions which affect the process, such as the formation of election commissions and media coverage of the campaign In addition, the ODIHR should also obtain copies of any reports on the situation of national minorities in the country to be observed. This might include: - Law on National Minorities OSCE reports, HCNM, Council of Europe Reports on the implementation of the Framework Convention for the Protection of National Minorities, in-country mission reports International and domestic NGO reports, etc. • Page: 36 When ODIHR carries out an assessment of the electoral legislation, defining whether the legal framework governing the election process is in line with the OSCE commitments, the assessment should include a consideration of national minority issues, in line with the present Guidelines. The following table raises some of the basic questions that can be asked: Table 1 " Does the Constitution afford universal suffrage without restrictions pertaining to national minorities? " Are there any special criteria on voting rights relating to national minorities and do these raise concerns? " Are there specific provisions within the election laws for national minority participation? " Is the right to form a political party or political formation universally applied, without limitations aimed at preventing participation by national minorities? " Are there any restrictions on the establishment of political parties based on communal identity? " Does the election law raise any administrative restrictions which limit the fair participation of candidates / parties from national minorities? " Is the participation of candidates from national minorities prejudiced by unreasonable requirements? " Is the provision of state funding of parties / candidates (where applicable) equal in law and practice? " Do media regulations afford candidates / parties of national minorities reasonable and fair access?