Austria,European Union,General,International

Venice Commission recognises election observers as human rights defenders

8 Dec , 2024  

Venice, 6-7 December 2024: The Venice Commission (VC; European Commission for Democracy through Law; Council of Europe) acknowledged Election Observers as Human Rights Defenders. Venice Commission Report Election Observers as HR Defenders

The Venice Commission points out in particular that:
➡️ States should adopt the necessary provisions in national legislation to provide sufficient possibilities to observe elections;
➡️ All states should foresee in their national legislation the possibility for international and citizen non-partisan observers;
➡️ Accreditations should be delivered to both international and national election observers, based on clear criteria;
➡️ Election observers in Council of Europe’s member states should have effective access to the European Court of Human Rights.

The VC raises concerns that intimidation and issues with physical security are on the surge and outlines international instruments which enshrine the role of, and protections for, election observers including the 2023 European Commission Recommendations. The VC also references two European Court of Human Right cases that addressed the issue of election observation
1️⃣ Davydov and Others v. Russia
2️⃣ Geraguyn Khorhurd Patgamavorakan Akumb v. Armenia: “[t]he right of access to election-related documents enjoyed by the applicant organisation in the context of the parliamentary election therefore constituted a part of a wider public function performed by election observers which pursued the aim of ensuring the publicity of an election and thereby contributing to its proper conduct and outcome.”

The VC outlines further the fundamental rights election observers work to protect:

1️⃣ Political Rights: the right to vote and to stand for election
2️⃣ Fundamental Rights directly related to Political Rights
✔️ freedom of assembly and association
✔️ freedom of expression
✔️ right to access to information
✔️ freedom of movement
✔️ right to freedom from discrimination
✔️ adequate remedy in case of electoral violations
3️⃣ Other Fundamental Rights (socioeconomic rights like literacy and education; rights to life, liberty and security)

Election-Watch.EU has been advocating for respective legislation and accreditation in EU Member States.  Currently only nine EU Member States foresee citizen election observation in their legislation.
As assessed during the 2024 European Parliament elections requested accreditation in all 27 EU Member States and was accredited in 13. See: Election-Watch.EU EAM EP Elections 2024 Final Report 

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