Compendium of international standards for elections

Introduction

Before WW2, no comprehensive set of human rights existed at the international level. The Charter
of the UN adopted in 1945 mentioned the concept of human rights in a number of articles, but the
content of human rights was not spelled out in the context. Therefore, the UN Assembly adopted the
Universal Declaration of Human Right (Universal Declaration). It contains at least a number of norm
which have the status of customary international law. In other words; the Universal Declaration ex-
presses a strong moral standard.

The first requirement in Article 21 (3) is that elections must indeed be held, which means periodic
elections, genuine elections, universal suffrage, equal suffrage, secret vote.

The Global Norm of Participation

The states may limit the rights guaranteed in Article 25 of the ICCPR to that group of persons the
state itself has recognised as being its citizen.

Article 25 does not contain a definition of democracy and it does not prescribe any particular electoral
system. What the Article 25 contains is: the right to vote and the right to stand as a candidate, genuine
as well as periodic elections, universal as well as equal suffrage, the secrecy of ballot and the free
expression of the will of the voters.

Participation of special groups

In Article 5 of the UN Convention on the Elimination of All Forms of Racial Discrimination

(ICERD), States Parties undertake to prohibit and to eliminate racial discrimination on all its forms
and to guarantee to everyone, without discrimination the enjoyment of political rights, in particular
the right to participate I election through voting and through the opportunity to stand for election in
the basis of universal an equal suffrage.

Article 7 of the UN Convention on the Elimination of All Forms of Discrimination Against Woman
(CEDAW) promotes inclusiveness for women by prescribing eligibility for election to all publicly
elected bodies. In addition, women shall have the right to vote in all elections and public referendums
on equal terms with men.

Developments in Europe

The OSCE Copenhagen Document (1991): it declares that the participating States recognise the im-
portance of pluralism with regard to political organisations.

Participation in the Americas, Africa and Asia

The Americas
The Charter of the Organization of American States (OAS) in its Preamble makes an important state-
ment corning national decision-making by concluding that representative democracy is an indispen-
sable condition for the stability, peace and development of the region.
Africa
The African Charter says nothing concrete about how participation should take place. The principles
governing election are not explicitly prescribed.

Asia
In Asia, there are no regional-level rights conventions and consequently no specific regionally ex-
pressed right to participation with rules on elections.

Types of Standards

Treaty Standards are standards contained in the treaty, which can be concluded at both international
and regional level, and it is binding under international law for those states expressing their consent
to be bound by the treaty.
Treaties are defined as an international agreement concluded between states in written from and
governed by international law, whether embodied in a single instrument or in two or more related
instruments and whatever its particular designation.

Non-treaty standards are sometimes called soft law instruments. This is a body of resolutions of
inter-governmental organisations containing declaration, commitment, joint statements, or declara-
tions of policy or intensions.

The use of International Standards for Assessment of Election Processes by European Union
Election Observation Mission

- Free expression of will

- Rule of Law
- Periodic elections
- Right to participation
- Genuine Elections
- Freedoms of Expression, Assembly and Association
- Non-discrimination
- Equal Suffrage
- Universal Suffrage
- Right to Stand
- Freedom of Expression, Assembly, Association and Movement
- Right to an effective remedy
- Right to vote
- Secret Ballot