Added importance of international election observation

And possibly that is why the European Union alone is expected to send around 400 observers to observe the election, and to ensure that it conforms with international standards in order to increase confidence in the democratic process. More international organizations and election-related bodies are also going to observe the coming election.

At present Bangladesh is really in a politically volatile state. In such a conflicting situation the holding of a successful and credible election would be a positive contribution toward the long-term stability of the country. But the new condition imposed by the Election Commission, not to allow the election monitors to announce any of their election related observations before the announcement of the election results may, to some extent, act as imposition of restriction in conducting their job.

But in any case, to make the observation efforts really effective and meaningful, the international observers have to closely examine and scrutinize the role of the Election Commission, specially after the appointment of Justice MA Aziz as the chief election commissioner and SM Zakaria and Justice Mahfuzur Rahman as commissioners, in compilation of the existing faulty and fictitious voter list containing 1.22 crore extra or duplicated names (NDI report).

The performances of about three hundred Upazilla election officers, appointed purely on political consideration during the BNP-Jamaat government, also need to be evaluated properly.

Since the non-party caretaker government headed by a partisan chief adviser has, in the meantime, made several controversial decisions, specially on deployment of armed forces in aid of the civil administration, the international observers must make it a point to thoroughly monitor the impact of such a deployment on the overall voter turn-up in the areas where the percentage of non-Muslim voters is significant.

Anyway, nowadays, it has become almost a general practice that national elections are observed by outsiders, and an assessment of the aspects of a foreign country's political, economic or human rights situation is carried out by many international institutions and organizations for an understanding of the political process in the host country. And the impact of the election observer mission, as the International Human Rights Law Group has rightly mentioned, is not limited to its effect on political rights instruments alone. It has got a broader and more far reaching national and international impact as well.

The task of an International Observer Mission should be clear and distinct during each stage of the electoral process. At the pre-election stage the processes and arrangements to be observed should be the provision of infrastructure, voter education, training of electoral officers, the host country's election campaign, media coverage, prevailing public attitudes to the election, voter registration and ensuring that electoral supervisory bodies are in place.

Qualitative and quantitative methods of observation should be clearly differentiated. Whenever a dispute arises about the correctness or fairness of an election, reference is automatically made to the rights and freedoms embodied in the constitution, and to the rules reflected in the legislation. This would be a matter for the observer mission, requiring a qualitative analysis best undertaken by a member of the observer mission with a sound legal or political science background. A qualitative approach is also applied to the:

Evaluation of the voter registration process.

Content and extent of media coverage of the electoral process.

Voter education and information process.

Election campaign.

Administrative process of election.

Handling of complaints.

Voting and counting processes.

Generally, observer missions use the quantitative method, particularly when observing the electoral process over a short period. It has developed into a form of compulsory assessment through standardized observation by means of well-structured questionnaires or surveys prepared in advance. Its aim is to collect representative and reliable data that can be professionally processed and interpreted.

The success of an observer mission rests on the clear terms of reference agreed upon by the observer mission and the host country. The observers are obliged to recognize and respect the sovereignty of the host country and its institutions.

They are subject to the laws of the country, and should strictly adhere to a policy of political neutrality. Observation should not be seen as an inquisition casting doubt on the capacity of a host country to conduct its election effectively. This does not exclude observer missions from identifying and reporting activities that are detrimental to holding free and fair elections, as well as areas prone to unfair electoral practice.

Complete neutrality is an obligation. An observation mission is a temporary guest in the host country and should act accordingly, respecting domestic laws, lawmakers, their executors and the people of the country. Non-interference does not preclude the right to evaluate whether the electoral law has provisions for a sufficiently open and equitable election process.

Particular attention should be paid to the adherence to human rights principles. Inappropriate behavior on the part of any player in the electoral process should be observed and reported, always with care and objectivity. All statements should be carefully verified before being sworn as fact.

One of the principal tasks of an observer mission is to determine whether a competent and trustworthy electoral authority is in place, and if it has the quality, capacity and knowledge to conduct credible and successful elections in an impartial and objective manner. The public and the political role players must have absolute trust in the impartiality and independence of the electoral body.

Sometimes observer missions are confronted by many claims emanating from political parties, particularly the opposition. Typically, opposition parties claim that the ruling party uses public resources during election campaigns, monopolizes the state-owned media and harasses the opposition and its supporters.

Officially, the case of Bangladesh is different as the election is supposed to be conducted by a non-party caretaker government. However, all such claims must be taken seriously and handled sensitively and objectively. Observer missions should remain impartial and objective as partisan behavior could result in an abrupt termination of a mission or loss of credibility.

Finally, an assessment of the prevailing political climate before, during and after elections is essential. Observers should learn whether the general political situation and ambience are supportive and conducive to free and fair elections. The government should level the political playing field to enable all political parties and candidates to campaign freely and equitably, and ensure that the deficiencies identified in the country's electoral history have been addressed, and the required changes introduced in the Electoral Act are applied effectively.

Moreover, the role played by the present caretaker government should also be included in the agenda of the international observer missions pinpointing the political color of their acts, decisions and other priority areas, if any, and their recommendations may be of some help.

Zahid Hossain is a political analyst.