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PLENARY SESSION 1
Mr. Koul Panha , Deputy Chair of ANFREL
A Remark on “Viewing Transparency, Integrity and Quality of Elections in Asia through the Lens
of the Bangkok Declaration on Free and Fair Elections, and Dili indicator of Democratic Elections”
for 3rd Asian Electoral Stakeholder Forum to be held in Bali, Indonesia, from 22-26 August, 2016
By KOUL Panha, vice-chairperson of Asian Network for Free Elections (ANFREL) and executive director
of Committee for Free and Fair Elections in Cambodia (COMFREL- a member organization of ANFREL)
My remark is to present views of the transparency and integrity of elections that are drawn on the lenses
of the Bangkok Declaration on Free and Fair Elections Dili indicator of Democratic Elections.
The Bangkok Declaration on Free and Fair Elections and Dili Indicators of Democratic Elections has been
endorsed by Election Stakeholders in Asia (EMBs, CSOs-regional organizations and national
organizations, individual experts and political parties). The two documents reaffirm election stakeholders’
commitments and call for actions in order to promote democratic, free and fair elections that need
transparency and integrity of elections.
The Bangkok Declaration on Free and Fair Elections (BD) was launched and celebrated in Bangkok,
Thailand in December 2012, that recognizes and reaffirms the rights and principles proclaimed in the
Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights.
Dili Indicators of Democratic Elections (DI) was produced with endorsement by Asian Electoral
Stakeholder Forum II, in March 2015. The indicators adhere to the principles enshrined in the Bangkok
Declaration on Free and Fair Elections and can help measure democratic progress and show the
strengths and areas of needed improvement of each nation's electoral processes.
Transparency: A election processes open to scrutiny by stakeholders- political parties, election
observers and voters alike (NDI)
Integrity of Elections: Referring as elections with Integrity that base on the democratic principles of
universal suffrage and political equality and being professional, impartial, competent, transparent and
incorruptible (the report of the global commission 2012 - Kofi A. Annan chairman). Electoral integrity
refers to international standards and global norms governing the appropriate conduct of the election.
(www.the Electoral Integrity Project.com )
Lens Transparency Integrity Ref.
Legal
frameworks (
state
constitution and
law)
Universal suffrage and guarantees
freedom of association and
freedom of expression
Without distinction of any kind, such
as race, color, sex, language,
religion, political or other opinion,
national or social origin, property,
birth or other status
The independence of
election management bodies
(EMB)
BD -article
1,2
To ensure respect for the rule of
law and consistent with
international human rights
instruments such as the UDHR
and the ICCPR while need open
consultation with all election
stakeholders
DI -
section I
Election
Management
Body (EMBs)
and Training
Just ( open), depoliticized, just
and impartial appointment
A defined cause removal
Clear, fair and consistent rules for
timely accreditation of observers
while well-trained, non-partisan,
professional, and efficient
observer groups ( international
and national permitted to observe
[ engage with) all stages of
election process [conducted by
EMB ]
Fearless independence and
performance of functions free of
outside interference
Fiscal autonomy with a stable,
adequate and timely source of
funding to fulfill their mandates
effectively
Appropriate and updated training
with high quality ( for instance
promotion of a culture of integrity,
transparency and accountability,
their roles and responsibilities, and
nurture an attitude of
professionalism and civic
responsibility and how to operate
election technology properly)
BD-
article4,
18 , 19
Efficient, Transparent Pre-election
Preparations
Sufficient training to discharge their
duties effectively and impartially
without favoring or disfavoring any
particular political party or
candidate
DI – IV.3
Access to
Information and
Education
Informed choices
Widespread, inclusive and
accessible voter education with
minority languages and for
underprivileged or often
underrepresented in the political
process
Voter and civic education
throughout the electoral cycle
BD -
article3
For all vulnerable and marginalized
groups
DI – IV
Voter
registration
Informed deadline for registration
with sufficient time to register all
Highest possible rate of voter
registration with inclusive,
BD–article
5,6
/voter list potential voters
Availability of documents required
for registration, the number and
location of registration
Audit system
convenient, and accessible way
to all
Accuracy of voter list
Inspection and audit by interested
groups
A manner free from fraud
Mechanisms to correct errors
DI -III
Level of paying
fields
Monitoring and enforcement on
misuse of state resource
Monitoring of compliance of code
of conducts while exposure of
violation and unethical behaviors
and prosecution to the full extent
of the law
Forms of interference of military
and police forces to be
investigated and prosecuted
Prohibition of the unfair use of
government resources for partisan
political purposes at any time
Codes of conduct for election
stakeholders
Strictly impartial and non-partisan
security forces
BD-article
11,12, 13
Fair Constituency delimitation and
boundaries on the basis of the size
of the population and geographic
area
Reasonable, logical, and
comprehensible requirements for
political party and candidate
registration (without discrimination
against persons on the basis of
gender, sex, race, religion, or
political views) and inclusion of
independent candidates
No abuse of government resources
in order to advantage or
disadvantage any political party or
candidate
Appropriate sanctions for violations
by political parties and candidates
Equitable space and time of state
media to all political parties and
candidates especially fair coverage
for opposition parties
Impartial media and fair coverage
in reporting and all phases of the
electoral process
DI-II
Election
campaign
Adequate oversight of campaign
Finance including transparency
of donations and expenditures
Fair regulation and enforcement of
political donations and campaign
Expenditures
Anti-vote buying
BD
10,11,12,
13
Detailed, timely disclosures of the
political party election campaign
Freely without fear of intimidation or
threats of violence
DI-II
contributions and expenditures
Voting/counting Fair and open process of printing,
counting, consolidating,
transporting and storing ballots,
(except voting) while observer
groups [ international, national
observers and party agents ] to
access to the processes
Complete and authentic voting
materials and other resources on
time
Improvement of polling station
Management without manipulation
of vote counting
Enfranchising minorities,
marginalized people and persons
with disabilities
Expanded opportunities to vote
from abroad wherever feasible
BD-article
14,15,16,
17 18 ,19,
20
Timely reporting of election results Well-organized Election Day, Free
from Fraud
Process of balloting without
discrimination and secrecy of each
voter’s choices
DI- III
Election
Complaint
System /Dispute
resolution
Clearly spelled out in advance of
elections as well as readily
accessible to, and known by, the
public
Understanding of election
stakeholders’
A fair, neutral and independent
system
Timely and impartial dispute
investigation and resolution
BD article
21 , 22
Transparent and timely manner
consistent with respect for the rule
of law
Effective, Efficient, and Impartial
Electoral Justice & Electoral
Dispute Resolution
DI-V
The transparency and integrity of elections are means to promote quality of elections. The quality of
elections refers to confidence of election stakeholders and citizens in elections and legitimacy of
elections. The confidence and legitimacy are not only about democratic, free and fair elections but also
create higher optimism about the meaningful elections. In contrast, the election is deficient in
transparency and integrity that election stakeholders and citizens are also less optimistic about the
democracy.

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A remark on viewing transparency integrity and quality of elections in asia - koul panha (anfrel)

  • 1. PLENARY SESSION 1 Mr. Koul Panha , Deputy Chair of ANFREL A Remark on “Viewing Transparency, Integrity and Quality of Elections in Asia through the Lens of the Bangkok Declaration on Free and Fair Elections, and Dili indicator of Democratic Elections” for 3rd Asian Electoral Stakeholder Forum to be held in Bali, Indonesia, from 22-26 August, 2016 By KOUL Panha, vice-chairperson of Asian Network for Free Elections (ANFREL) and executive director of Committee for Free and Fair Elections in Cambodia (COMFREL- a member organization of ANFREL) My remark is to present views of the transparency and integrity of elections that are drawn on the lenses of the Bangkok Declaration on Free and Fair Elections Dili indicator of Democratic Elections. The Bangkok Declaration on Free and Fair Elections and Dili Indicators of Democratic Elections has been endorsed by Election Stakeholders in Asia (EMBs, CSOs-regional organizations and national organizations, individual experts and political parties). The two documents reaffirm election stakeholders’ commitments and call for actions in order to promote democratic, free and fair elections that need transparency and integrity of elections. The Bangkok Declaration on Free and Fair Elections (BD) was launched and celebrated in Bangkok, Thailand in December 2012, that recognizes and reaffirms the rights and principles proclaimed in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights. Dili Indicators of Democratic Elections (DI) was produced with endorsement by Asian Electoral Stakeholder Forum II, in March 2015. The indicators adhere to the principles enshrined in the Bangkok Declaration on Free and Fair Elections and can help measure democratic progress and show the strengths and areas of needed improvement of each nation's electoral processes. Transparency: A election processes open to scrutiny by stakeholders- political parties, election observers and voters alike (NDI) Integrity of Elections: Referring as elections with Integrity that base on the democratic principles of universal suffrage and political equality and being professional, impartial, competent, transparent and incorruptible (the report of the global commission 2012 - Kofi A. Annan chairman). Electoral integrity refers to international standards and global norms governing the appropriate conduct of the election. (www.the Electoral Integrity Project.com ) Lens Transparency Integrity Ref. Legal frameworks ( state constitution and law) Universal suffrage and guarantees freedom of association and freedom of expression Without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status The independence of election management bodies (EMB) BD -article 1,2
  • 2. To ensure respect for the rule of law and consistent with international human rights instruments such as the UDHR and the ICCPR while need open consultation with all election stakeholders DI - section I Election Management Body (EMBs) and Training Just ( open), depoliticized, just and impartial appointment A defined cause removal Clear, fair and consistent rules for timely accreditation of observers while well-trained, non-partisan, professional, and efficient observer groups ( international and national permitted to observe [ engage with) all stages of election process [conducted by EMB ] Fearless independence and performance of functions free of outside interference Fiscal autonomy with a stable, adequate and timely source of funding to fulfill their mandates effectively Appropriate and updated training with high quality ( for instance promotion of a culture of integrity, transparency and accountability, their roles and responsibilities, and nurture an attitude of professionalism and civic responsibility and how to operate election technology properly) BD- article4, 18 , 19 Efficient, Transparent Pre-election Preparations Sufficient training to discharge their duties effectively and impartially without favoring or disfavoring any particular political party or candidate DI – IV.3 Access to Information and Education Informed choices Widespread, inclusive and accessible voter education with minority languages and for underprivileged or often underrepresented in the political process Voter and civic education throughout the electoral cycle BD - article3 For all vulnerable and marginalized groups DI – IV Voter registration Informed deadline for registration with sufficient time to register all Highest possible rate of voter registration with inclusive, BD–article 5,6
  • 3. /voter list potential voters Availability of documents required for registration, the number and location of registration Audit system convenient, and accessible way to all Accuracy of voter list Inspection and audit by interested groups A manner free from fraud Mechanisms to correct errors DI -III Level of paying fields Monitoring and enforcement on misuse of state resource Monitoring of compliance of code of conducts while exposure of violation and unethical behaviors and prosecution to the full extent of the law Forms of interference of military and police forces to be investigated and prosecuted Prohibition of the unfair use of government resources for partisan political purposes at any time Codes of conduct for election stakeholders Strictly impartial and non-partisan security forces BD-article 11,12, 13 Fair Constituency delimitation and boundaries on the basis of the size of the population and geographic area Reasonable, logical, and comprehensible requirements for political party and candidate registration (without discrimination against persons on the basis of gender, sex, race, religion, or political views) and inclusion of independent candidates No abuse of government resources in order to advantage or disadvantage any political party or candidate Appropriate sanctions for violations by political parties and candidates Equitable space and time of state media to all political parties and candidates especially fair coverage for opposition parties Impartial media and fair coverage in reporting and all phases of the electoral process DI-II Election campaign Adequate oversight of campaign Finance including transparency of donations and expenditures Fair regulation and enforcement of political donations and campaign Expenditures Anti-vote buying BD 10,11,12, 13 Detailed, timely disclosures of the political party election campaign Freely without fear of intimidation or threats of violence DI-II
  • 4. contributions and expenditures Voting/counting Fair and open process of printing, counting, consolidating, transporting and storing ballots, (except voting) while observer groups [ international, national observers and party agents ] to access to the processes Complete and authentic voting materials and other resources on time Improvement of polling station Management without manipulation of vote counting Enfranchising minorities, marginalized people and persons with disabilities Expanded opportunities to vote from abroad wherever feasible BD-article 14,15,16, 17 18 ,19, 20 Timely reporting of election results Well-organized Election Day, Free from Fraud Process of balloting without discrimination and secrecy of each voter’s choices DI- III Election Complaint System /Dispute resolution Clearly spelled out in advance of elections as well as readily accessible to, and known by, the public Understanding of election stakeholders’ A fair, neutral and independent system Timely and impartial dispute investigation and resolution BD article 21 , 22 Transparent and timely manner consistent with respect for the rule of law Effective, Efficient, and Impartial Electoral Justice & Electoral Dispute Resolution DI-V The transparency and integrity of elections are means to promote quality of elections. The quality of elections refers to confidence of election stakeholders and citizens in elections and legitimacy of elections. The confidence and legitimacy are not only about democratic, free and fair elections but also create higher optimism about the meaningful elections. In contrast, the election is deficient in transparency and integrity that election stakeholders and citizens are also less optimistic about the democracy.