Free and Fair Elections: CP John

8/7/2019 Free and Fair Elections: CP John

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N A T I O N A L S E M I N A R O N E L E C T O R A L R E F O R M S

1 0 TH J U L Y 2010

Free and Fair Elections

C P John


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U N I V E R S A L D E C L A R A T I O N O F H U M A N R I G H T S , U N I T E D N A T I O N S , 1 9 4 8

The Will Of The People Shall BeThe Basis Of The Authority Of

Government

W H Y E L E C T I O N S?


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Delivery of Democracy

.The ability of various states to create and sustain free and democratic rule. Again, the redstates, which spread across Africa, Central Asia, the Middle East and the Far East still have along way to go. In many cases, organized crime and the corrupt societies nurtured by trans-national criminal organizations preclude democracy. And clearly this has to change.

- Antonio Maria Costa, United Nations


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Introduction

Elections are the only effective tool to gauge the will of thepeople, though it has many limitations. The will of the peopleshould be expressed in periodic and genuine elections

Unless elections are free and fair, the true will of the peoplewont be reflected.

In such cases, a coercive minority imposes its authority on thepeople

The past 3 decades have seen a dramatic global expansion ofdemocracy, which has led to an extraordinary focus on theinstitution of elections.


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Freey Citizens must have the right and opportunity to choose

y Freedom of assembly, association, speech.

y The political environment should be free of intimidation

Fairy Honest balloting and counting

y Elimination of fraud

y Impartial election authorities

y Level playing field


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History & Background

Ideas of modern democracy, elections and truly representativegovernments emerged in the 17th century

UK- Reform bill of 1832

IPU Established in 1889

CIA prevents election of Salvador Allende in Chile 1964

Covenant on civil and political rights 1966

Vienna Declaration on Human Rights - 1993


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History & Background

Declaration on criteria for free and fair elections in theParis session of IPU in 1994

Bhutan conducts first ever general elections in 2008

Observers detect election fraud in Zimbabwe 2008

Elections to National Constituent Assembly in Nepal endsyears of civil unrest, and is appreciated by observers -2008

Disputed elections in Iran - 2009


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Elements of a Free and Fair Election

An international consensus has emerged in recent yearson the necessary elements of democratic elections

A free and fair electoral process is one where

fundamental human rights and freedoms are respected

Every voter has the right to equal and effective access toa polling station

Every individual who is denied the right to vote or to beregistered as a voter shall be entitled to appeal to acompetent jurisdiction


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Elements of a Free and Fair Election

Legal prohibitions against election fraud enforceable laws must exist to prevent votetampering

Rules that require party representatives to maintain adistance from polling places on election day


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Role of International Organisations

Inter ParliamentaryUnion was formed in 1889

143 member countries. India joined in 1949

Focal point for global parliamentary dialogue

Works for the firm establishment of representativedemocracy


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Role of International Organisations

y UN Charter upholds the role ofthe freely expressedwishes of the people concerned

y Article 1, 1966 Covenant on Civil and Political Rights,says All peoples have the right of self-determination. Byvirtue of that right they freely determine their politicalstatus and freely pursue their economic, social andcultural development

y African Charter on Human and Peoples Rights,American Convention on Human Rights, EuropeanConvention on Human Rights


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The Indian Scenario

y India is in a phase of consolidation of democracy

y However, there are major concerns

y The Second Administrative Reforms Commission notesthat internal security issues prevent the reach of effectivedemocracy

y Pockets of intimidation exist in other parts of the countrytoo. Freedom from political intimidation is an essentialprecondition to meaningful elections.


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What Next ?

After nearly 60 years of democratic elections in India,where do we stand?

Is Democracy consolidating or disintegrating?

Internal security needs to be strengthened

Electoral reforms needed


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References &

FurtherReading

y Democracy International

y Inter-ParliamentaryUniony United Nations

y Election Commission of India

y Second Administrative ReformsCommission

y Election Authority, Sweden

y ACE Project

y Freedom House


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E M A I L : C P J O H N . K E R A L A @ G M A I L . C O M

ThankYou

Free and Fair Elections: CP John

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