Elections are import ant in democratic gove rnance According to the Universal Declaration ol Human Rights, applicable to,a)l member states of the United Nations, ’’everyone has the right to take part in the governance ot his |or her) country, directly or through freely chosen representatives the will of the

people shall lie the basis of the authority of the government; this shall be expressed tn periodic and genuine elections which shall lie by universal and equal suffrage and shall be held by secret vole or by equivalent voting procedures

The right to tree and fair elections Is, in part, rooted in the right to self determination found in the United Nations Charter (Art 1. para 2). International Covenant on Civil and Political Rights (ICCPR) and 1CESCR (Art 1) and even in the African Charter on Human Rights (Art. 20).

Election Environment

Elections in Bangladesh have historically been discredited by political Interference, including intimidation and violence at polling staUons. vote rigging and even manipulation ofresults The electoral process was never beyond questions. However, the 1991 parliamentary elections marked a significant departure, putting back public confidence in the electoral process.

But unfortunately from March of 1994, the election environment changed. Controversy Surrounding the BNP victory in Magura-2, by-elections promoted allegations of political Interference and procedural impropriety in elections by the government arid opposition parties, and fueled the political impasse on election issue that continues to dominate the national politics for more than 24 months crippling the country. However. now the political stand off ended after formation of a neutral caretaker government to conduct the general elections in 90 days time.

In this environment, general elections that are substantially free of irregularities and whose results are generally accepted are important for the survival of a multiparty democracy. The forthcoming general elections will be held In the backdrop of mistrust and suspicion among the political players. It is therefore most important for the nation that the forthcoming elections are oderly, open, free of intimidation and violence and well administered as well. Even the suspicion of fraud will undermine the credibility of the entire election process and the legitimacy of any government

that assumes power following the election.

Free and Fair Election

There is a marked and rapid development in interna tional standards for holding free and fair elections. This development is arguably the product of convergence of state views concerning the importance of democracy Elaboration of standards is pronounced in various documents of the United Nations, and inter-regional organisations Many state s willingness to accept these standards, is evidenced through their practice.

In order for the elections to be fair it is Important to examine whether the population could freely exercise their rights, adequately informed to do sc. and have confidence that the electoral process will accurately reflect their choice.

The examination of whether elections are genuine includes not only whether the election administration is acting impartially and effectively, but whether political contestants have the opportunity to campaign freely for popular support. The examination must also include determining whether the government resources are properly utilised in the electoral process, and whether the law enforcing authorities like police and the public prosecutors are acting to maintain order and are protecting those seeking to exercise their civil and political rights.

It is also important to assess whether the judiciary is conducting itself impartially and effectively, whether the news media are free to act as conveyors of accurate information and to act as watchdogs over government and processes as well as whether they are providing access to politi-’ cal contestants and objective coverage of those contestants and events of national importance.

Public Confidence in

ESectian

A consistent lesson in international as well as national electoral experience is that elections are not simply a technical process. Elections are part of a political process that, to be successful, requires public confidence. Sound electoral laws and procedures are ofcourse necessary but are not enough to build public confidence in an election, specially in a situation that now exist in Bangladesh. It Is very important that the public Including the political contestants, must believe that the electoral process will be effectively and impartially implemented.

Therefore appropriate sleps must be taken to ensure that the electoral process, is not only administratively cor rect. but free from the perception of partisanship It is therefore, necessary tor the government and the Election Commission to take measures beyond the minimum legal requirements to create an expectation tUat Jaimes^ will prevail.

We believe that the public confidence in the electoral process can be built by: a) setting up ah effective and impar tial election apparatus that is open and also transparent; b) involving the political contestants in all basic elements of the election process, c) opening the election process to the observation of citizens and civic organisations; d) convinc ing the electorate of the importance of the elections, that their personal safety and ballot secrecy will be secured.

Transparency in electoral Eirocess was a phrase not used requently a decade a ago. "Transparency’ is a now byword in election vocabulary and is very important in building public confidence. Transparency builds public confidence under the adage that if you are acting properly you have nothing to hide. Trans-Earency. in its electoral sense, as numerous aspects and can be applied to a range of activities.

The political parties, and candidates play a crucial role in developing public confidence in the electoral process. If the political contestants are involved in meaningful way In all stages of the process, thty will be more trustful of the actions of the election officials. Steps so far taken by the Election Commission is Commendable.

Election Commission should encourage and involve political contestants not only to view all aspects of electoral preparations, but be Involved in the total process from the drafting of election laws and selection of election officials all the way through the tabula- • tion of results and resolution of electoral complaints.

In addition to being Impartial. the Election Commission must be able to take independent and effective actions to • protect the integrity of the election process. It is essential that the election laws must guarantee equal treatment and practical procedural due process in order to ensure a credible election. Such precautions really help ensure the satisfaction of voters and political contestants in situations where they perceive, rightly or wrongly, that they have been

unfairly treated. Appropriate due process includes legisla five, regulatory and judicial procedures.

Another important recent development in International electoral trends, is the widespread acceptance of the contribution of domestic nonpartisan election observers. During the last decade, for ex ample, domestic nonpartisan monitors played very important roles from countries A-Z. Albania to Zambia. In the 1991 parliamentary elections in Bangladesh, nonpartisan citizens groups together with the international election observers played a significant role in ensuring free and fair elections.

In fact the role of the election monitors (domestic and International) is incorporated and elaborated in Article 7 of the 1990 Copenhagen Document of the Conference on Security and Cooperation in Europe.

Participation of citizens groups like FEMA in the election process is central to pub; lie confidence. The public confidence can be enhanced, by opening up and making the electoral process transparent to public by allowing citizens to monitor all aspects of the elections. Election observation by Impartial domestic NGOs and civic bodies adds significantly to public confidence to election process, besides guaranteeing the integrity of an election it can also provide an excellent opportunity to citizens in governmental accountability.

It is leamt that many International election observation groups, both governmental and non-governmental will come to monitor the upcomming elections from various countries. Impartial international election observers can play a constructive role in enhancing public confidence in the electoral process. But according to current experience they are more effective when there is a well established network of domestic observers in place who are more accustomed with language and culture.

It is equally important to recognise that a voter and civic education are critical to genuine elections. The principal that "the will of the people shall be the basis of the authority of government" and that "will" can genuinely be ex pressed if the voters are adequately informed of the political choices and contestants through civic-voter education. The civic voter education must cover the basics of why. it is important to vote and that vote wifi be secret, secure and respected.

The writer is Secretary General of FEMA