Guidelines to Assist National Minority
Participation in the Electoral Process
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The need to improve training in legal aspects, conciliation, and administration of electoral
justice;
The need for the selection of impartial and professional personnel to administer and execute
the electoral justice system.
The second component is the importance of having the appropriate independent and/or neutral bodies
to ensure proper implementation that will ultimately guarantee that minority provisions and
prescriptions do not become “paper” provisions. In this regard, the major implementing body in
relation to electoral laws, systems and administration will be the electoral administration or electoral
commission in a particular country. In order to build confidence and encourage minority participation
in elections, members of minorities should be included in election commissions.
A.
ELECTORAL BODY OPTIONS
Once the functions and features of an electoral body have been considered, it is then necessary to
determine where that body should be situated. To put it in its simplest form, there are two competing
options: inside the Government or outside the Government in an electoral commission. However,
there are variations on these two options, based on a variety of facts and circumstances, four of which
are discussed below:
1.
Government approach
The first model is that the electoral body is located within a government ministry and is
charged with the responsibility of conducting and managing elections and utilising the
resources of that ministry and civil service to achieve the task. This system works well in cases
where the civil service is respected as being professional and politically neutral.
2.
Supervisory or judicial approach
A variation on the above is that a government ministry is tasked with the conduct of the
electoral process, but is supervised by an independent electoral commission consisting of
selected judges. The task of the commission is to oversee and monitor the conduct of the
electoral process by the relevant government ministry. This is the case in Eastern and Central
Europe in such countries as Albania, Croatia, the Czech Republic, Hungary, Romania and
Slovakia.
3.
Independent approach
The third model is that an independent electoral commission is established that is directly
accountable to parliament or a parliamentary committee or to parliament. Independent
electoral commissions need to have a substantial degree of financial and administrative
independence from the executive government. The selection process for appointing electoral
commissioners should be transparent and impartial. Ideally, the selection should be based on a
consensus of the political parties contesting the elections and be individuals with the relevant
experience and expertise and who also have a reputation for independence and integrity. The
use of internationally recognised or prominent persons which would also include prominent
members of civil society has also been proven in countries where there has been conflict or a
breakdown of trust between the parties.
4.
Political Party approach
A further option in terms of comparison is to have all registered political parties designate
representatives to the national electoral commission. This ensures that various interests are