OSCE/ODIHR in Norway

1. OSCE/ODIHR in Norway Drew Hyslop, Election Adviser

2. Office for Democratic Institutions and Human Rights (ODIHR) • OSCE Institution • 1990 - Office for Free Elections • 1992 - renamed ODIHR • 2010 - has a staff of more than 130

3. Structure of the OSCE/ODIHR ODIHR Director Public Affairs 2nd Deputy Director 1st Deputy Director HD meetings Project Coordination Administration Five thematic programmes: Elections Democratization Human Rights Tolerance & Non-Discrimination Roma and Sinti Contact Point

4. Election Department • Professional Staff – 10 • General Service Staff – 4 • More than 3,500 election experts and observers deployed each year • Since 1996, 150 missions and approx. 30,000 observers

5. Election Activities in 2009 Moldova – 2 EOMs Norway - EAM Bulgaria - LEOM FYROM - EOM European Parliament Elections Uzbekistan - EAM Germany – EAM Albania - EOM Iceland - EAM Montenegro - EOM Kyrgyzstan - EOM Greece - EAM Liechtenstein - NAM Portugal - EAM Afghanistan – EST Ukraine - EOM Tajikistan - EOM • Croatia - LEOM

6. Why Observe? • To assess compliance with the OSCE commitments (not to certify or validate) • To recommend ways in which the electoral process can be improved • To enhance the integrity of the process • To deter possible fraud and intimidation

7. Election Observation Copenhagen Document, para 8: “The OSCE 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.”

8. Mandate for Observation • Copenhagen Document 1990 – established basic criteria for genuine democratic elections  Rome Ministerial 1993 – enhanced the role of ODIHR in comprehensive election monitoring  Budapest Summit 1994 – Long-term observation mandate  Istanbul Summit 1999 – Commitment to follow-up on recommendations

9. Summary of OSCE Commitments • universal • equal • fair • secret • free • transparent • accountable

10. Needs Assessment Mission • Composition: 2/3 ODIHR representatives • Duration: 3-5 days • Objectives: • Assess the conditions for observation • Recommend the level of ODIHR involvement and the number of observers required • Modalities: • Meetings with stakeholders • Publication of NAM report

11. ODIHR Election Activities • Election Observation Mission (EOM) • Limited Election Observation Mission (LEOM) • Election Assessment Mission (EAM) • Election Support Team (EST) • No Deployment

12. Needs Assessment Mission (NAM) 2 – 4 months before election Deployment of an Election Activity 2 – 12 weeks before election Follow Up Technical Assistance Final Report 2 months after election Dialogue with OSCE pS

13. EAM to Norway • NAM deployed 22-25 June 2009 • Deployment of 8 experts for 2 weeks • 3 – 16 September • Experts and practitioners • Team visited 16 municipalities • No systematic observation • Final report released on 27 November

14. Findings of EAM to Norway • Political pluralism • Respect for fundamental freedoms • High degree of public trust in impartiality of election administration • Integrity of process as a whole • Responsiveness to address issues

15. Recommendations of EAM 1. Consideration might be given to allowing officials employed in government ministries the right to be elected to office.

16. Recommendations of EAM 2. Consideration might be given to reviewing the duty to be elected, ensuring it is fully consistent with the International Covenant on Civil and Political Rights which states that no one should be forced to associate with a political party or group not of his/her choosing.

17. Recommendations of EAM 3. Consideration could be given to a review of the constitutional provision for the distribution of parliamentary seats among constituencies, in order to ensure a better compliance with the principle of equal suffrage.

18. Recommendations of EAM 4. It is recommended that consideration be given to amend the Election Act to either provide voters with a genuine opportunity to affect the election of a particular candidate by lowering the threshold or to move to a closed list system.

19. Recommendations of EAM 5. Consideration should be given to restricting candidates from serving as members of Polling Committees and Electoral Committees, in order to prevent any real or perceived conflict of interest.

20. Recommendations of EAM 6. The authorities should continue efforts to ensure secrecy of the vote, including broadening the use of the colored pilot ballot if it is found to be more effective.

21. Recommendations of EAM 7. The authorities should consider adopting consistent procedures on election daysafeguards, including sealing of the ballot boxes on election day.

22. Recommendations of EAM 8. The election authorities should adopt a consistent approach for identifying voters, while minimizing the possibility for disenfranchisement.

23. Recommendations of EAM 9. Election authorities should continue their efforts to facilitate voting for the disabled, and all municipal authorities should implement the existing criteria for making polling stations accessible.

24. Recommendations of EAM 10. It is recommended that consideration be given to providing the legal right to appeal all election-related matters and election results to a competent court as the final authority on all election matters, in line with OSCE commitments and international good practice.

25. Recommendations of EAM 11. Consideration could be given to setting specific expedited time limits for the adjudication of election-related complaints and appeals by all relevant authorities including courts, the NEC and Parliament, in order to be fully consistent with paragraph 5.10 of the Copenhagen Document.