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On the Rule of Law in Algeria (Arabic)
On the Rule of Law in Algeria
February 21, 2003
Publication
Report/Paper
Paraguay: Mision de Observacion Internacional, Elecciones Generales, 27 de Abril del 2003, Informe Final
June 18, 2003
Publication
Report/Paper
Political Money and Political Corruption: Considerations for Nigeria
November 28, 2003
Publication
Report/Paper
Promoting Electoral Access for Citizens with Disabilities: Considerations for Nigeria, INEC-Civil Society Forum Seminar on Agenda for Electoral Reform, 27-28 November 2003, Abuja, Nigeria
The right to participate in and stand for election is a fundamental human right. According to Article 25 of the International Covenant on Civil and Political Rights: “Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives’ (b) To vote and be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country.” The International Covenant on Civil and Political Rights sets an international standard for the conduct of the elections and the right of participation in that process. In reviewing the Constitutional and legal framework of Nigeria’s electoral process, it is important to ensure that this framework meets international standards, while taking into account the nation’s experience and political and social environment. The right of participation of “every citizen” is one that must be guaranteed by law and by the way the electoral process is conducted. In Nigeria, citizens with disabilities face legal as well as practical barriers to equal participation in the electoral process. However, this electoral review affords the opportunity to ensure that the rights of citizens with disabilities are protected by law and by practice. There is no reliable data on how many of Nigeria’s approximately 120 million citizens live with some sort of physical or mental disability. Nigerian census officials last submitted statistics on disability to the United Nations over 12 years ago, estimating at that time that .5 percent of the population was disabled. This figure is not comparable to the international norm and is a severe under-estimate. In the United States, at least 6% of population has some form of obvious disability – is blind or visually impaired; deaf; a wheelchair user or has an intellectual disability. However, with Nigeria’s incidence of polio, nutritional problems and difficulties with access to healthcare, the percentage of Nigerians with obvious disabilities is likely to be higher – perhaps 10% or more. With an estimated population of 120 million, that would be more than 12 million citizens with disabilities – half of whom are of voting age, at least some 6 million people. This, of course, does not take into account persons with hidden or even undiagnosed disabilities, such as learning disabilities, diabetes, epilepsy, heart disease, etc. Section 17(2) of Nigeria’s 1999 Constitution states that “every citizen shall have equality of rights, obligations and opportunities before law.” Do the Constitutional and legal provisions governing the conduct of elections guarantee this right for those Nigerian citizens with disabilities? Are Nigerians with disabilities able to equally participate in and stand for election?
November 26, 2003
Publication
Report/Paper
Reforming Critical Operational Strategies: INEC Post-Election Seminar, "2003 General Elections: The Lessons and the Way Forward" 28-30 July 2003
Constitutional provisions, electoral legislation, regulations and the policies and the administrative framework of the electoral management body all govern the means by which elections are conducted. Providing an opportunity for all eligible voters to choose their government representatives, through operations that are cost-effective, credible and secure is a major challenge for election management bodies. In reviewing the operational strategies of the Independent National Electoral Commission (INEC) of Nigeria in its conduct of the 2003 federal and state elections, it is necessary to examine the major areas of its operational approach. In any electoral environment, there are similar key issues for which effective solutions have to be found if election operations are to promote public confidence in the integrity and professionalism of electoral management, and acceptance of election results. Some questions to ask in conducting this review are: 1. What are the most suitable arrangements for voter registration and for voting? 2. What are the ways to ensure that registration centres and polling stations are run by trained and professional staff? 3. What materials can be used to ensure the credibility of the process? 4. What are the logistics strategies, to ensure the necessary materials are available and that the operations run efficiently? INEC’s operational strategies, within the legislative and administrative framework, dictate how the elections are conducted, and whether their outcome will be accepted by the participants. If the operational strategies are successful, all eligible voters have the opportunity to participate fully in the process; registration centres and polling stations open on time and the periods of operations are respected; materials are adequately supplied and properly used; all necessary registration and election staff are present and conduct their duties according to the law and regulations; and the election results are compiled in a transparent manner, announced in a timely fashion and accepted, leading to the inauguration of the newly-elected officials. Shortcomings in the operational strategies lessen the credibility of the electoral process and in confidence of the electoral management body, paving the way for future difficulties with regard to respect for the conduct of elections and the democratic process as a whole.
July 27, 2003
Publication
Report/Paper
Regional Best Practices: A Model Framework for a State of the Judiciary Report for the Americas, Prepared for the Third Conference on Justice and Development in Latin America and the Caribbean, Ecuador, July 2003
Creating an independent accountable judiciary and public trust are now seen as core elements of the rule of law. After over a decade of legal and judicial reform, questions to be asked include (i) what lessons have been learned, (ii) what the best practices are and (iii) what kinds of reform programs should be emphasized in the next reform phase. Now that there is consensus that an independent accountable judiciary is a key to sustainable economic, political and legal reform, how do judiciaries and reformers obtain more resources and political support to broaden and deepen the reform package for the next generation of reforms? This paper advances an information strategy that is designed to simultaneously promote key elements of an effective justice system: fairness and impartiality, soundness of decisions, accessibility, efficiency, independence and credibility. It is based on the historical truism that information is power and that it, coupled with a rule of law culture, has been the key liberating, stabilizing and driving reform force in developing sustainable democracy. Perhaps more importantly, it is the best strategy to simultaneously attack issues related to judicial transparency and accountability, including structural and political issues related to judicial independence, judicial corruption and the enforcement of judgments. Accordingly, primary emphasis is placed on the structural issues and processes that enhance both transparency and accountability, as well as participatory, information-oriented, mutually-supportive programs and strategies designed to promote public trust in the judiciary. This “public trust” approach has been an underemphasized element of virtually all judicial reform programs and it is the essential element to developing a rule of law culture and voluntary compliance with the law. In short, fundamental reforms of a political nature, such as those related to the independence and accountability of the judiciary, need to be broadly supported, linked and co-led by key stakeholders in the process, including all branches of government, the legal and judicial profession and the public at large.
June 30, 2003
Publication
Report/Paper
Republic of Uzbekistan, Final Project Report: October 1, 1997-September 30, 2002
This report summarizes IFES’ technical election assistance and civil society projects in Uzbekistan. The report provides a critical and objective analysis of the electoral code with respect to international standards and offers recommendations for possible improvements in the electoral code.
November 30, 2002
Publication
Report/Paper
Selecting a Model for Election Administration in Kosovo: Conclusions & Recommendations from Discussion Forum and Conference held on 1-2 and 16 February 2002
This report summarizes IFES findings from two events on the future election administration system in Kosovo. The report provides recommendations for the future of the election administration system in Kosovo.
February 28, 2002
Publication
Report/Paper
Serbia, FRY Final Report: October 1999-September 30, 2002
IFES conducted election-related activities in the Federal Republic of Yugoslavia from 2000-2002. This report summarizes the various activities IFES undertook to pave the way for more intense involvement in a reformed and more democratic election system in Serbia. The report discusses a range of IFES activities including pre-election assessments, observation training and redistricting.
November 30, 2002