Vote

I. Introduction

One of the most critical ways that individuals can influence governmental decision-making is through
voting. Voting is a formal expression of preference for a candidate for office or for a proposed resolution
of an issue. Voting generally takes place in the context of a large-scale national or regional election,
however, local and small-scale community elections can be just as critical to individual participation in
government.

The Universal Declaration of Human Rights, adopted unanimously by the United Nations General
Assembly in 1948, recognizes the integral role that transparent and open elections play in ensuring the
fundamental right to participatory government. The Universal Declaration of Human Rights in Article 21
states:

Everyone has the right to take part in the government of his/her country, directly or through freely
chosen representatives.

Everyone has the right of equal access to public service in his country.

The will of the people shall be the basis of the authority of government; this will shall be expressed in
periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret
ballot or by equivalent free voting procedures.

The role that periodic, free elections play in ensuring respect for political rights also is enshrined in the
International Covenant on Civil and Political Rights, the European Convention for the Protection of
Human Rights, the Charter of the Organization of American States, the African (Banjul) Charter on
Human and Peoples’ Rights and many other international human rights documents.

While the right to vote is widely recognized as a fundamental human right, this right is not fully enforced
for millions of individuals around the world. Consistently disenfranchised groups include non-citizens,
young people, minorities, those who commit crimes, the homeless, disabled persons, and many others
who lack access to the vote for a variety of reasons including poverty, illiteracy, intimidation, or unfair
election processes. An important force in combating disenfranchisement is the growth of organizations
engaged in election monitoring. Around the world, governments struggle to meet the challenge of the
Universal Declaration related to free and fair elections. Election monitoring groups, ranging from local or
party monitors to United Nations teams, assist governments and local groups to hold free and fair
elections by observing the process from the beginning (voter education, candidate campaigns, planning
for the ballot) to the end vote count. By declaring an election ‘free and fair’ monitors can legitimize the
outcome of that election. Conversely, by not doing so, legitimacy is withheld. The question of whether
or not to grant legitimacy to election results is complicated by political considerations, as the results of
declaring elections ‘not free nor fair’ can be serious. Riots and even civil war can break out.
II. Rights at Stake

Article 25 of the International Covenant on Civil and Political Rights (ICCPR) is the key international
guarantee of voting rights and free elections, but its provisions are strongly related to other articles,
specifically Article 2 (see below). The ICCPR also includes guarantees of freedom of expression (Article
19), assembly (Article 21), association (Article 22), and non-discrimination (Article 26).

Today, [in the United States] all mentally competent adults have the right to vote with only one
exception: convicted criminal offenders. In forty-six states and the District of Columbia, criminal
disenfranchisement laws deny the vote to all convicted adults in prison. Thirty-two states also
disenfranchise felons on parole; twenty-nine disenfranchise those on probation. And, due to laws that
may be unique in the world, in fourteen states even ex-offenders who have fully served their sentences
remain barred for life from voting.

III. International and Regional Instruments of Protection

International legal instruments take the form of a treaty (such as agreement, convention, protocol) that
may be binding on Contracting States. When negotiations are completed, the text of a treaty is
established as authentic and definitive and is “signed” by the representatives of states. There are
various means by which a state expresses its consent to be bound by a treaty. The most common are
ratification or accession. A new treaty is “ratified” by those states that have negotiated the instrument.
A state that has not participated in the negotiations may, at a later stage, “accede” to the treaty.

ORGANIZATION OF AMERICAN STATES (OAS)

American Convention on Human Rights (entered into force 1978)

Inter-American Convention on the Granting of Political Rights to Women (entered into force 1954)

Article 23 of the American Convention on Human Rights and Article 20 of the American Declaration of
the Rights and Duties of Man guarantee the right of citizens to vote and be elected in genuine periodic
elections. The Charter of the Organization of American States (OAS) establishes in its preamble,
”representative democracy is an indispensable condition for the stability, peace and development of the
region," and establishes that one of its purposes is "to promote and consolidate representative
democracy, with due respect for the principle of non-intervention.” In 1991 the General Assembly of the
Organization of American States established a process by which the OAS will take action if the
democratic order is interrupted in any member country. In 1992 the Protocol of Washington, (in
ratification), strengthened the mechanisms for defending democracy.

AFRICAN UNION (Formerly Organization of African Unity)

African Charter on Human and Peoples’ Rights (1981)

Article 13(1) of the African (Banjul) Charter on Human and Peoples’ Rights provides that every citizen
shall have the right to participate freely in their government.

IV. Protection and Service Agencies

Free and fair elections play a critical role in ensuring voting rights. International and regional
governmental groups, along with non-governmental organizations, work around the world to observe
and monitor human rights related to elections processes. Several international and regional documents
have outlined international standards for elections.

United Nations – The Committee on Human Rights, a UN appointed body of human rights experts,
outlined international elections standards in 1996 in a General Comment on ICCPR Article 25. According
to the committee, Article 25’s mandates should be considered in light of the following:

Protecting the right of every citizen to take part in the conduct of public affairs, the right to vote and to
be elected.

The right of peoples to self-determination.

Protecting the rights of every citizen.

Any restrictions on voting should be based on objective and reasonable criteria

The constitution and other laws should establish the allocation of powers and the means by which
individual citizens exercise the right to participate in the conduct of public affairs.

Political participation is supported by ensuring freedom of expression, assembly and association.

The right to vote in elections and referenda must be established by law.

Positive measures should be taken by the government to overcome specific difficulties, such as illiteracy,
language barriers, poverty, or impediments to freedom of movement that prevent persons entitled to
vote from exercising their rights effectively.

Persons entitled to vote have a free choice of candidates.

Conditions relating to nomination dates, fees or deposits should be reasonable and not discriminatory.

Elections must be conducted fairly and freely on a periodic basis within a framework of laws
guaranteeing the effective exercise of voting rights.

The United Nations conducts election monitoring activities around the world, primarily in fragile
democracies of in post-war and nation-building contexts. For example, the UN and OSCE were heavily
involved in election monitoring in Bosnia and Herzegovina, where they provided training for election
monitors and provided police support on election day. UN monitoring activities depend on the needs
evident in the particular national context, but can include all of the following:

the pre-election preparations and campaign period

the electoral administration

the registration

voter education and information

the media

the vote

the count

the results and follow-up.

Organization of American States – The OAS, including its Unit for the Promotion of Democracy (UPD),
promotes political participation, voting, and democracy in the Americas. The OAS carries out its election
monitoring through Election Observation Missions (EOMs). EOMs often are invited in by national
governments because the UPD has acquired unique experience and prestige in election monitoring.

The OAS also provides technical assistance to member states trying to resolve problems related to the
organization and administration of electoral processes. In this realm, their goal is to assist member
states to make national electoral entities more effective, legitimate, respected, and stable. The OAS
gives information to interested parties related to governance and democracy, via their website,
newsletters, conferences, seminars, and workshops.

Organization for Security and Co-operation in Europe – The OSCE includes fifty-five member states from
Europe, Central Asia and North America and has an election monitoring unit called the Office for
Democratic Institutions and Human Rights (ODIHR). The ODIHR deploys election monitoring missions to
participating member states. To do this the ODIHR field teams of experts to monitor the electoral
process from beginning to end – in the year 2000, ODHIR monitored 15 elections in participating
countries. After completing its monitoring, ODIHR presents a report on its observations and will provide
technical assistance to help implement any recommendations contained in its report.

European Union – In recent years, European Union electoral missions have grown in frequency whether
under the auspices of the Common Foreign and Security Policy or within its development cooperation
programs. Often, the EU has worked in cooperation with the OSCE or the UN. In the last three years,
missions were sent to 15 countries all over the world, ranging from Zimbabwe to Peru to Cambodia.
V. Advocacy, Educational and Training Materials

Institutions

The Carter Center

The Carter Center, in partnership with Emory University, is guided by a fundamental commitment to
human rights and the alleviation of human suffering; it seeks to prevent and resolve conflicts, enhance
freedom and democracy, and improve health. This site highlights the Center’s recent work on local
community elections in China.

Center for Voting and Democracy

A nonprofit organization that studies how voting systems affect participation, representation and
governance. Issues include redistricting alternatives, the range of voting systems for legislative elections,
and instant runoff voting, among others issues.

Federal Election Commission (FEC)

The government agency that administers and enforces the Federal Election Campaign Act (FECA) - the
statute that governs the financing of federal elections.

Institute for Democracy in South Africa (IDASA)

Idasa's mission is to promote a sustainable democracy in South Africa by building democratic

institutions, educating citizens and advocating social justice. The website contains a wealth of
information about South Africa’s transition from apartheid to democracy.

International Institute for Democracy and Electoral Assistance (IDEA)

Created in 1995, the International Institute for Democracy and Electoral Assistance (IDEA) is an
intergovernmental organization that seeks to nurture and support sustainable democracy world-wide.

International Foundation for Election Services (IFES)

The International Foundation for Election Systems provides professional advice and technical assistance
in promoting democracy and serves as an information clearinghouse on elections, rule of law,
governance, and civil society.

League of Women Voters

A nonpartisan political organization that encourages the informed and active participation of citizens in
government and works to increase understanding of major public policy issues.

National Democratic Institute – Election and Political Processes

The National Democratic Institute is a US-based group that works to strengthen and expand democracy
worldwide. Elections are a vital part of democracy and NDI devotes attention to activities such as
promoting election reform, assisting political parties in protecting their electoral rights, assisting citizen
organizations in strengthening watchdog and advocacy activities, and giving electoral assessments.

National Voting Rights Institute

Founded in 1994, the National Voting Rights Institute is a prominent legal center in the campaign
finance reform field. Through litigation and public education, the Institute aims to redefine the issue of
private money in public elections as the nation's newest voting rights barrier, and to vindicate the
constitutional right of all citizens, regardless of their economic status, to participate in the electoral
process on an equal and meaningful basis.

Rock the Vote

A United States organization dedicated to protecting freedom of expression and empowering young
people in the voting process.

Books and resources

Administration and Cost of Elections Project

The ACE Project is a collection of information on all aspects of organizing elections. Although an
extensive database, it has not been updated since October 2002.

Democracy and Human Rights Resources

Links from the University of Minnesota Human Rights Library

Human Rights and Elections, 1994

Subtitled A Handbook on the Legal, Technical and Human Rights Aspects of Elections, published by the
United Nations Office of the High Commissioner for Human Rights. The handbook details the United
Nations’ involvement in elections, explains United Nations human rights standards and international
criteria regarding elections and lists common elements of electoral law and procedure.

ODIHR Election Observation Handbook, Fourth Edition, April 1999

The ODIHR Election Observation Handbook outlines the general methodology of ODIHR election
observation in addition to providing a set of practical guidelines for the conduct of an election
observation mission.

Project Vote Smart

A non-partisan, United States based group gathering and distributing biographical history, voting
records, campaign finances and promises, and performance evaluations about elected officials and
candidates.

Case Studies:

Venezuela Case Study – Venezuela battles a strong military power in their government as it tries to give
more rights to the people.

Zimbabwe – The ruling president of Zimbabwe, Robert Mugabe, won the 2002 elections amidst
accusations of pre-election violence.

VI. Other Human Rights Resources

Human Rights – A short history of Human Rights.

Human Rights Education Associates - International non-governmental organization that supports human
rights learning; the training of activists and professionals; the development of educational materials and
programming; and community-building through on-line technologies.

University of Minnesota Human Rights Center – Has a vast range of documents and links to human rights
resources. It includes the University of Minnesota’s Human Rights Library.

Acknowledgements

This guide was developed by Scott Ferguson (University of Minnesota). Laura Young, Kristi Rudelius-
Palmer and Ivor Dikkers (University of Minnesota Human Rights Center) revised and edited this
document. Special thanks to Sarah Joseph, Guy Charles, Marie-Louise Strom, and Fiounnuala Ni Aolain
for expert commentary and input.