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Laws Establishing Electoral Observation en
Laws Establishing Electoral Observation en
Laws Establishing Electoral Observation en
August 2016
Summary
Although Myanmar’s Union Electoral Laws establishing electoral
observation
Commisison (UEC) welcomed both
domestic and international electoral
observation missions to observe
the November 2015 elections, and
established codes of conduct for each
The issue at a glance of the process. Discussions are now
category of observation missions,
proceeding on enshrining the principle
there is no authorization in the law for
Election observation directly of electoral observation in the election
electoral observation in Myanmar.
contributes to ensuring free and fair legal framework, as well as on the
elections and to improving the electoral scope of observers’ rights and duties
This Fact Sheet is part of a series process in the long-term by reducing throughout the electoral cycle.
that provides comparative examples violence, exposing and correcting
on issues relevant to the reform of weaknesses, deterring fraud, and Related Myanmar legal
Myanmar’s electoral legal framework. It increasing public confidence. provisions
summarizes the current state of the law Ahead of Myanmar’s November
in Myanmar and provides examples of 2015 general elections, the Union 1. Pyithu Hluttaw Election By-Laws:
laws establishing electoral observation Election Commission (UEC) of article 48(vii) (which is broad
in other countries. Myanmar authorized, for the first time, enough to include observers)
the official accreditation of domestic and article 65 (which references
and international electoral observers. observation of counting)
Accordingly, in March 2015 the 2. Work Guidelines for Presiding
UEC established codes of conduct for Officers, Assistant Presiding Officer
domestic and international observers. and Member of the Polling Station
In June, it released procedures for Team: articles 5(d)(4, 8), 9(i)
observation of the Hluttaw elections 3. Ward and Village-Tract Sub-
by domestic and international Commission Work Guidelines:
elections observers. It also established a article 64(g)
comprehensive accreditation systems.
The UEC took these steps based Myanmar has also issued specific
About International IDEA
on article 90 of Myanmar’s Electoral guidelines for the conduct of observers:
The International Institute for Democracy and
Laws, which confers a regulatory power
Electoral Assistance (International IDEA) is an
on the UEC in the absence of any 1. Code of Conduct for Domestic
intergovernmental organization with a mission
provision related to observation in the Observers, Notification No.01/2015
to support sustainable democracy worldwide.
electoral laws, and general references (UEC, March 2015)
limited to the counting process in the 2. Code of Conduct for International
Contact us
by-laws and work guidelines. Observers, Notification
International IDEA Myanmar
More than 11,000 domestic and No. 02/2015 (UEC, March 2015)
68B Sayar San Road,
1,000 international observers, including 3. Issuance of Procedures for
Bahan Township
a delegation from the European Union, International Election Observers,
Yangon, Myanmar
were accredited to observe the elections Notification No. 07/2015 (UEC,
(International IDEA 2015; EU EOM June 2015)
www.idea.int/asia_pacific/myanmar
2015). Observers were praised for
their contribution to the transparency
© 2016 International IDEA
1
Examples of laws establishing Observers should also be able to
electoral observation in other communicate with the media and
countries interview all electoral stakeholders
(Chapter IV, article 16). In return,
Many countries explicitly allow and election observers have to respect
protect the work of domestic and state sovereignty and laws, present
international election observers in their their accreditation cards, observe the
electoral legal frameworks (Democracy integrity, neutrality and independence
Reporting International 2015). These of the elections and not interfere in
protections are also outlined in electoral operations (Chapter IV, article
international agreements such as the 17).
United Nations’ 2005 ‘Declaration of Bosnia-Herzegovina devotes an
Principles for International Electoral entire chapter (Chapter 17) of its 2001
Observation and Code of Conduct Electoral Law to the conditions of
for International Election Observers’. participation and rights of elections
Different approaches have been adopted observers. As in Morocco, the first
to legally define the participation and articles detail the eligibility criteria for
the rights of elections observers. election observers (articles 17.1 and
For example, in Morocco, the 17.2). However, the Central Election
principle of independent and impartial Commission (CEC) of Bosnia-
election observation is enshrined in Herzegovina is mandated to manage
article 11 of the 2011 Constitution, the whole accreditation process (articles
which states that ‘the law defines 17.3–10).
the conditions and the modalities of Others, like Cambodia, have
independent observation and neutrality defined legal provisions throughout the
of the elections in accordance with the electoral cycle. References to election
recognized international norms’. observers’ prerogatives and rights are
More specifically, Law No. 30-11 more or less implicitly included in all
(2011) defines the requirements and articles of the 2012 Law on Elections
modalities of election observation of Members of the National Assembly
missions. The law details eligibility (LEMNA). For example, article 91
criteria for organizations and related to the opening of the polling
individuals (Chapter I, article 2) station on election day states that the
and defines the accreditation process Chairperson ‘shall open and show
(Chapter II). It also establishes the ballot box in the presence of all
a specific Election Observers members of the Commission, the
Accreditation Committee, under the representatives of political parties and
leadership of the National Human the observers to make sure that there
Rights Council, to manage the is nothing in the ballot box’. Specific
accreditation process (Chapter III). articles are dedicated to the eligibility
The Committee has developed an criteria of election observers and
Accreditation Application Form and the accreditation process for which
an Observation Charter. The Charter the National Election Committee is
details the rights and duties of election responsible (articles 26–28).
observers as prescribed in international Many countries regulate the
conventions. For example, as detailed nature and the number of election
in the 2011 law, election observers observers. In several instances, the
should have free access to information, electoral management body (EMB)
documents, and public meetings during is responsible for establishing and
the electoral campaign, as well as processing the application forms of
polling stations. organizations and for delivering the