Code of Conduct of Observers
Just as an Observation Mission expects assurances from the host government to abide by conditions for effective observation , so the observation mission should reassure the host government that its observers will conduct themselves impartially according to an observer Code of Conduct. The observer Code of conduct underlines the key principles that an international observer should abide by, including impartiality , objectivity , non-interference and a commitment to the overall objective of the observation mission.While observers should not overstep their mandate, the mandate should include the key principles that represent minimal conditions for effective election observation.
All observers are required to sign a contract, which includes their consent and agreement to abide by the Code of Conduct. The following guidelines apply at all times to nationals of any country participating in an EUEOM, decided by the EU unless specifically agreed otherwise. The guidelines will not apply to EU nationals participating in e.g. OSCE or UN missions, in which case those organisations' own codes will apply.
In line with the provisions of Council Decision 9262/98, all official EU observers must adhere to, and are obliged to follow, these guidelines:
• Observers will respect the laws of the land.Observers enjoy no special immunities as international observers, unless the host country so provides;
• Observers will participate in all pre-election briefings with their supervising officers;
• Observers will be subject to the direction and management of the observer team leadership, carrying out their written terms of reference and covering the geographical schedules specified by team leaders;
• Observers should be aware of the presence of other electoral monitoring ( i.e. observation ) teams, and liaise with them under the direction of the leader of the EU observer team;
• Observers will carry with them prescribed identification issued by the host government or Election Commission, and will identify themselves to any interested authority upon request;
• Observers shall maintain strict impartiality in the conduct of their duties, and shall at no time express any bias or preference in relation to national authorities, parties, candidates, or with reference to any issues in contention in the election process;
• Observers will not display or wear any partisan symbols, colours or banners;
• Observers will undertake their duties in an unobtrusive manner, and will not disrupt or interfere with the election process, polling day procedures, or the vote count;
• Observers may bring irregularities to the attention of the election officials, but will not give instructions or countermand decisions of the election officials;
• Observers will base all conclusions on well documented, factual, and verifiable evidence, and will keep a record of the polling stations and other relevant places that they visit;
REGULATORY FRAMEWORK FOR ELECTION OBSERVATION
• Observers will refrain from making any personal or premature comments about their observations to the media or any other interested persons, but should provide, through a designated liaison officer or spokesperson, general information about the nature of their activities as observers;
• Observers will participate in post-election de-briefings with their supervising officers and will contribute fully towards appropriate EU reports on the elections monitored (i.e. observed);
• Observers must comply with all national laws and regulations.Where these limit freedom of assembly or movement about the country, they must note where such rules prevent them from carrying out their duties;
• At all times during the mission, including during private time away from work, each election observer should behave blamelessly, exercise sound judgement, and observe the highest level of personal discretion.
5.2.1 Violations to the Code of Conduct
The Code of Conduct should protect the integrity of the observation mission and the host government from partial, unobjective and intrusive behaviour.All observers will comply with any evaluation of their role and conduct during the mission.
If there is a concern that an observer may have violated the Code of Conduct, the Chief Observer (CO) will initiate an immediate enquiry into the matter, and will consult the relevant authorities whenever necessary. Any serious violation of the Code of Conduct would require that the observer in question has his/her accreditation withdrawn, and be repatriated immediately to his or her country. However, it is ultimately the decision of the CO to determine if a breach of the Code of Conduct occurred, and to determine the appropriate course of action.
