founding charter of the inter-american

INTER-AMERICAN INSTITUTE FOR HUMAN RIGHTS
Center for Electoral Assistance and Promotion
Inter-American Union of Electoral Organization
- UNIORE-
WORKING PAPERS FOR THE EXTRAORDINARY MEETING
OF UNIORE IN CUENCA, ECUADOR
JUNE 3 AND 4, 2013
IIDH/CAPEL
SECRETARÍA EJECUTIVA
June 2013
1
INTRODUCTION
Documents in this dossier are those produced and sent to the Executive
Secretariat since the UNIORE Working Group meeting in Mexico (Mexico
City, 13-14 July 2011), followed by the Extraordinary UNIORE Meeting in
Mexico City (November 10-11, 2011), the XI UNIORE Conference in
Dominican Republic (Punta Cana, July 29-August 3, 2012) and the last
Extraordinary Meeting of UNIORE in Ecuador (Quito, February 13, 2013).
UNIORE’s Executive Secretariat has compiled the documents received aimed
at sending them to all the members timely, in order for you to have all the
information regarding the topics the next Extraordinary Meeting will deal
with, and in doing so complying with the request of the Extended
Coordination and Follow-up Committee.
The documents are grouped following the order of the proposed agenda and
despite they are subdivided with numbers, they follow a consecutive
alphabetical order.
2
INDEX
General Documents
1. A. Founding Charter of UNIORE .............................................................................................. 5
1. B. Agreements of the XI Conferencia of UNIORE in Dominican Republic, July 2012 ............ 15
1. C Agreements of the Extraordinary Meeting of UNIORE in Ecuador, February 2013 ... ......20
Founding Charter decision-making reform proposal
2. D. Electoral Tribunal of Panama ........................................................................................... 31
2. E. Electoral Court of the Federal Judiciary of Mexico…………………….......................................33
General observations to documents filed in the Extraordinary Meeting of UNIORE in
Ecuador, February 2013
3. F. Federal Electoral Institute of Mexico.……………………………………………………………............……44
3. G. Electoral Court of the Federal Judiciary of Mexico ......................……….………………………...50
3. H. National Election Chamber of Argentina……………………………………………………………….…......87
Knowledge about new requests to UNIORE
4. I. National Electoral Directorate of Argentina……………………………………………………………..…….90
Knowledge about work and cooperation agreements
5. J. Framework cooperation agreement between OAS-UNIORE..............................................92
5. K. Memorandum of understanding between IDEA-UNIORE....……………………………………........99
5. L. Summary of the Latinobarometro Project ………………………………………………………..……..…108
Presentation of the Plan of Action within the framework of the “Report on the UNIORE´s
Group Session” (Mexico, 13 and 14 and November, 2011)
6. M. Plan of Action within the framework of the “Report on the UNIORE´s Group Session”,
Mexico 2011………………………………………………….……………………………………………………….............…114
6. N. Conclusions of the Extraordinary Meeting in México, November 2011………………….…..…153
3
6. O. Plan of Action within the framework of the “Report on the UNIORE´s Group Session”
(Mexico, 13 and 14 and November, 2011). Submitted by the Presidency of UNIORE....…156
Discussion about UNIORE´budget matters
7. P. Proposal emerged within UNIORE´s Group Session in Mexico, July 2011…….………….......166
Protocolo de Observación
8. Q. Observation Protocol Missions Project submitted by the Federal Electoral Institute of
Mexico…………………………………………………………………………………………………………………………………168
8. R. Comparative matrix of suggestions and comments about the Protocol Observation
Missions Project ……..………………………………………………………………………………………………………..…174
8. S. New draft proposal submitted by the Presidency of UNIORE……….……………..…………....…188
Founding Charter reform proposals
9. T. Central electoral board of Dominican Republic …………………………………………………………...194
9. U. Qualifiying Elections Tribunal of Chile ….………………………………………………………………....….198
9. V. Central Electoral Board of Venezuela…….………………………………………………………………….….202
9. W. Supreme Electoral Tribunal of Guatemala………..………………………….………………………..…...204
9. X. National Elections Board of Peru……… ……………………………………………………………….…..……206
9. Y. Superior Electoral Tribunal of the Dominican Republic….………………………………………..……208
4
1. GENERAL DOCUMENTS
1. A. FOUNDING CHARTER OF UNIORE
5
FOUNDING CHARTER OF THE INTER-AMERICAN
UNION OF ELECTORAL ORGANIZATIONS
We the undersigned, duly authorized by our respective organizations to act as the representatives of
the Electoral Organizations of Antigua y Barbuda, Costa Rica, Dominican Republic, El Salvador,
Guatemala, Honduras, Jamaica, Nicaragua, Panama and St Lucia, all members of the Association of
Central American and Caribbean Electoral Organizations (Tikal Protocol), and of the Electoral
Organizations of Argentina, Bolivia, Brazil, Colombia, Chile, Ecuador, Peru, Uruguay and
Venezuela, all members of the Association of South American Electoral Organizations (Quito
Protocol):
Reaffirm our unyielding faith in democracy as the only system which permits mankind to develop
in a climate of absolute freedom.
Realizing that the exchange of electoral information, the observation of electoral processes and that
effective consultations, recommendations and assistance between electoral organizations are
decisive factors in establishing and consolidating democracy through suffrage.
Fully convinced of the importance of formalizing, through an instrument, cooperation between our
organizations and the Associations composed of the members of the Quito Protocol and the Tikal
Protocol.
HEREBY AGREE:
FORMATION
ONE:
To form the Inter-American Union of Electoral Organizations, composed of the
Electoral Organizations of Central America and the Caribbean (Tikal Protocol), the
Electoral Organizations of South America (Quito Protocol), and any other Electoral
Organizations in the Americas which may apply and be accepted for membership in
the future.
This Union in no way implies the dissolution of the Associations of Electoral
Organizations created under the "Quito Protocol" and the "Tikal Protocol", nor the
impairment of their independence and autonomy.
6
OBJECTIVES
TWO:
Its objectives are to:
A)
B)
C)
CH)
D)
E)
Increase cooperation between the Union's member Associations and
individual Electoral Organizations belonging to the Union.
Promote the sharing of information on electoral systems.
Foster the participation of representatives of the member Organizations in an
observer capacity in electoral processes, at the invitation of the country
where they are held, which shall provide the necessary facilities as far as is
practicable in terms of its own resources.
Formulate general recommendations for member Organizations.
Promote honest, efficient and democratic electoral systems which guarantee
universal suffrage and a free and secret ballot.
Provide support and assistance, as far as practicable, to Electoral
Organizations which request it.
NATURE
THREE:
The Inter-American Union of Electoral Organizations is a non-governmental body,
whose decisions are by way of recommendations and guidelines for the various
member Organizations.
STRUCTURE AND ORGANIZATION
FOUR: The Governing Body of the Union is the Inter-American Conference of Electoral
Organizations, composed of the representatives of each individual organization. It
shall meet in ordinary session every two years on the date and place decided by
each Conference for the next.
The need to alternate the site of each conference among the Union's different
member Organizations shall be taken into account in such decisions.
The Conference may also meet in extraordinary session when so requested by at
least five member Organizations, in writing to the Executive Secretariat which, in
consultation with the Committee mentioned in Clause Six, shall inform the
members as far ahead of time as possible, of the site, date and agenda of the
extraordinary Conference. The Conference shall be chaired by the Host
Organization.
7
FIVE:
A simple majority of its members shall be required for the Conference to meet in
formal session.
The Conference's resolutions and agreements shall be reached by consensus.
Each Electoral Organization shall have one vote in the Union, regardless of the
number of its representatives, to be cast by the person chairing the respective
Delegation at the time of the vote.
SIX:
The Conference shall appoint, for a two-year term, a Coordination and Follow-up
Committee composed of one representative of the Electoral Organization which
hosted the previous Conference, one representative of Electoral Organization which
is to host the next conference, and the Executive Secretariat.
During the first year the Coordination and Follow-up Committee shall be chaired by
the representative of the Electoral Organization which hosted the previous
Conference and, during the second year, by the representative of the Electoral
Organization hosting the next Conference. This Committee is the top-level
coordination and follow-up body between one Conference and the next.
SEVEN:
The Coordination and Follow-up Committee shall be responsible for performing the
following tasks:
A)
Preparing the Agenda of each Conference.
B)
Presenting a Report of its activities to each Conference.
C)
Contributing to the promotion of the Union's activities.
CH) Consulting members of the Union on any special matters which may arise
during the period between Conferences, with powers to convene a Special
Conference pursuant to the provisions of Clause Four.
EIGHT:
The Union's technical-administrative organ is the Executive Secretariat, the duties of
which shall be performed by the Center for Electoral Promotion and Assistance
(CAPEL), unless otherwise agreed.
This shall be responsible for performing the following tasks:
A)
B)
C)
CH)
D)
Preparing, in collaboration with the Coordination and Follow-up
Committee, the agenda and methodology to be followed at each Conference,
informing the member Organizations thereof as far ahead of time
as possible.
Executing, as far as is practicable in accordance with its technical and
financial resources, the programs and projects approved and assigned to it by
the Conference.
Processing, through the Coordination and Follow-up Committee,
applications for membership to be submitted to the Conference for its
consideration.
Fostering cooperation between member Organizations and any activities
relating to the Union's objectives.
Any others which the Conference may decide to assign to it, as far as
practicable within the limit of its technical and financial resources.
8
INFORMATION AND COOPERATION BETWEEN MEMBERS
NINE:
The Electoral Organizations belonging to the Union shall periodically forward to the
Executive Secretariat information concerning the conduct of its electoral processes
and copies of its laws, regulations, directives, works on doctrine, jurisprudence,
electoral reports and, in general, any material which they regard as useful to the
objectives of the Union, as well as any suggestions they deem appropriate. As far as
is practicable, they shall forward this same material to the Union's individual
member organizations. All of the above shall provide the basis for a data base to be
kept up to date by the Executive Secretariat, which in turn received, updating it on
an annual basis.
TEN:
The Organizations hereby agree to cooperate, as far as is practicable, for the
effective attainment of the Union's objectives.
AMENDMENT
ELEVEN:
The amendment of this Agreement requires the consensus of the Electoral
Organizations which make up the Union. Such may be requested by any one of said
organizations, in which case the item shall be placed on the agenda for the next
Conference and the complete text of the proposed amendment provided.
ENTRY INTO FORCE
TWELVE:
This Founding Charter enters into force as of the date on which it is signed.
Given in Caracas, Venezuela, on November 22, 1991.
9
FOR THE ELECTIONS OFFICE OF ANTIGUA AND BARBUDA
Dr. Alvin Emmanuel
Supervisor of Elections
FOR THE NATIONAL ELECTORAL CHAMBER OF ARGENTINA
Dr. Hector Rodolfo Orlandi
President
Dr. Jorge Horacio Otaño Piñero
Secretary
FOR THE NATIONAL ELECTORAL COURT OF BOLIVIA
Dr. Alcira Espinoza de Villegas
Vice-president
Dr. Jorge Lazarte R.
Member
FOR THE HIGHER ELECTORAL COURT OF BRAZIL
Min. Celio Borja
President
Dr Jose Julio Dos Reis
Secretary General of the Presidency of the Supreme Federal Court
FOR THE NATIONAL ELECTORAL COUNCIL OF COLOMBIA
Dr Luis Mario Peña Marmolejo
Justice
FOR THE NATIONAL REGISTRY OFFICE OF COLOMBIA
Dr Luis Camilo Osorio
National Registrar
10
FOR THE SUPREME ELECTORAL COURT OF COSTA RICA
Lic Gonzalo Brenes C.
President
Lic Rafael Villegas
Justice
FOR THE ELECTORAL SERVICE OF CHILE
Dr Juan Ignacio García
Director
FOR THE ELECTORAL COURT OF CHILE
Dr Cecil Chellew
Minister
Dr Gonzalo Terrazas
Secretary
FOR THE SUPREME ELECTORAL COURT OF ECUADOR
Dr Tito Cabezas C.
President
Dr Gandhi Burbano
Member
FOR THE CENTRAL ELECTORAL BOARD OF EL SALVADOR
Dr Jaime Romero Ventura
President
Ing. Ricardo Perdomo
First Regular Member
Ing. José Rutilio Aguilera
Second Regular Member
11
FOR THE SUPREME ELECTORAL COURT OF GUATEMALA
Lic Arturo Herbruger A.
President
Lic Fernando Bonilla M.
Magistrate, Second Member
FOR THE NATIONAL ELECTORAL COURT OF HONDURAS
Lic Mario Aguilar G.
President
Lic Guillermo Casco C.
Secretary
FOR THE ELECTORAL COMMITTEE OF JAMAICA
Dr Noel B. Lee
Director
Dr Shirley Miller
Member
FOR THE SUPREME ELECTORAL COUNCIL OF NICARAGUA
Dr Mariano Fiallos O.
President
Dr Rosa Marina Zelaya
Secretary
FOR THE ELECTORAL COURT OF PANAMA
Dr Guillermo Márquez A.
President
Dr Eduardo Valdés
Vice-president
12
FOR THE NATIONAL ELECTORAL JURY OF PERU
Dr Carlos Castañeda L.
President
Dr Pedro Loli Márquez
Member
FOR THE CENTRAL ELECTORAL BOARD OF THE DOMINICAN REPUBLIC
Dr Hugo Alvarez Valencia
President
Dr Rubens Suro
Member
FOR THE ELECTORAL COMMISSION OF SAINT LUCIA
Dr Justin McClair Daniel
Director
Dr Edward W. Rock
Member
FOR THE ELECTORAL COURT OF URUGUAY
Dr Juan Carlos Furest
President
Dr Carlos Alberto Urruty
Minister
FOR THE SUPREME ELECTORAL COUNCIL OF VENEZUELA
Dr Isidro Morales Paul
President
Dr Ezequiel Zamora
Secretary General
13
FOR THE EXECUTIVE SECRETARIAT OF THE INTER-AMERICAN UNION OF
ELECTORAL ORGANIZATIONS
Dr Daniel Zovatto
Deputy Director of IIHR and
Director of CAPEL
AS AN OBSERVER FOR THE FEDERAL ELECTIONS COMMISSION OF THE
UNITED STATES OF AMERICA
Mr Danny McDonald
Commissioner
AS OBSERVERS FOR THE FEDERAL ELECTORAL COMMISSION OF THE
UNITED STATES OF MEXICO
Dr Felipe Solis Acero
Dr Jose de Jesus Orozco
Dr Jose Luis de la Pesa
Dr Antonio Lozano
14
1. GENERAL DOCUMENTS
1. B. AGREEMENTS OF THE XI CONFERENCE OF
UNIORE IN DOMINICAN REPUBLIC, JULY
2012
15
Union of Electoral Agencies
Unión Interamericana de Organismos Electorales
XI CONFERENCE
INTER-AMERICAN UNION OF ELECTORAL AGENCIES
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
(UNIORE)
“Juan Ignacio Garda Rodríguez”
29 July – 3 August 2012
The delegates representing the Electoral Agencies of de Antigua and Barbuda,
Argentina, Bolivia, Colombia, Costa Rica, Chile, Ecuador, El Salvador,
Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru,
Dominican Republic, St. Lucia and Uruguay, gathered during the XI Conference
of the Inter-American Union of Electoral Agencies, held in the Dominican
Republic on 30 July – 2 August 2012, in our capacity as members of UNIORE;
Upon re-affirming our unbreakable faith in democracy as the system offering the
peoples the best possibility of fully exercising their liberty and sovereignty, and
thus enjoying the civil and political, economy, social and cultural rights , after
duly sustaining deliberations,
WE AGREE
1.
To admit the Superior Electoral Tribunal of the Dominican Republic as
member of the Inter-American Union of Electoral Agencies (Unión
Interamericana de Organismos Electorales - UNIORE) and to extend a
most cordial welcome to the Judges.
2.
To acknowledge receipt of the Work Report presented by the Executive
Secretariat of UNIORE for the period November 2010 - June 2012.
3.
To take note and ratify the Conclusions of the Extraordinary Meeting of
UNIORE, which took place in Mexico on 10-11 November 2011, on the
road map for UNIORE. To thank the Mexican authorities for the effort
exerted to comply with this charge, in compliance with Agreement No. 13
of the X Conference.
16
4.
To thank the Federal Electoral Institute of Mexico for the drafting of an
Observation Protocol for UNIORE, as charged to them by the Extraordinary
Meeting of the association in November 2011, which document is delivered
to the members present in this meeting. The Committee of Coordination and
Follow-UP is charged with sending it to the members not present, and to
receive the contributions and opinions in writing from all the UNIORE
agencies, within a term of ninety days as of today’s date. The Committee of
Coordination and Follow-Up will have a term of thirty days to incorporate
the observations and to circulate a new version of the draft Protocol.
5.
To analyze comparatively the role of the communications media, including
the social networks and virtual mobile media, in the electoral processes,
considering the reality of the existing rules and regulations in the different
UNIORE countries, with the objective of facilitating information to the
electoral agencies members of the association, with the purpose of
strengthening fairness in electoral contests,
6.
To emphasize the importance of the legislative regulation of the official and
non-official publicity and the assignment of instruments of control to the
electoral agencies, respecting the context of each country and complying
with due process.
7.
To support the initiatives for the creation and consolidation of schools and
training institutes within the Electoral Agencies members of UNIORE.
8.
To accompany, according to the invitations received, the electoral acts
which will take place in Ecuador (process of verification of signatures
presented in the stage of registration of political organizations in August
2012), Paraguay (electoral process in general elections 2013), Honduras
(internal primary elections in November 2012 and general elections in
November 2013)
9.
To take note and accompany the Supreme Electoral Tribunal in Guatemala
in carrying out the Referendum to be held simultaneously on 6 October of
the year 2013, in the Republic of Guatemala and Belize, on the Special
Agreement between the governments of Guatemala and Belize, signed on
the date 8 December 2008, whereby the two States submit the territorial,
island and sea claim, to the International Court of Justice (ICJ).
17
10. To support the Electoral Tribunal of Panama in the defense of the
constitutional right of autonomy of electoral agencies in the issues of
competence.
11. To accept the kind offer of the Qualifying Tribunal of Elections and
Electoral Service of Chile for that country to be the seat of the XII
Conference of the Inter-American Unión of Electoral Agencies which will
be held in the year 2014, the alternative seat will be Colombia, with the host
institutions being the National Electoral Council and the National Registry
of Civil Status.
CONGRATULATIONS AND ACKNOWLEDGEMENTS
The Conference:
Renders due homage to Mr. Juan Ignacio García Rodríguez for his contribution
to electoral knowledge, due to having been a fundamental pillar of UNIORE as
well as for his efforts to achieve the development of the objectives and goals of
this organization, but especially for his deep human quality.
Manifests its gratitude to the maximum national authorities of the Dominican
Republic for their hospitality, in the person of His Excellency Mr. President of
the Republic Leonel Fernández.
Expresses its gratitude to the Central Electoral Board of the Dominican Republic,
to its President Roberto Rosario Márquez, and its Judges, for the excellent
organization and warm generous hospitality offered to the participating
delegations.
Expresses its gratitude to the officials of the Central Electoral Board of the
Dominican Republic, for the excellent organization of the XI Conference of the
Inter-American Union of Electoral Agencies.
Thanks the academic presenters for their contributions to this XI Conference of
UNIORE.
Thanks the Inter-American Institute of Human Rights (Instituto Interamericano
de Derechos Humanos - IIDH), through its program area of the Center for
Electoral Promotion and Consulting (Centro de Asesoría y Promoción Electoral
(CAPEL), Executive Secretary of the Inter-American Union of Electoral
Agencies, to its President, Sorda Picado, the Director of CAPEL José Thompson
18
and its officials, for the work carried out seeking the strengthening of the Union
and for the support given to the Central Electoral Board of the Dominican
Republic in the organization of this Conference.
Given in Dominican Republic this 2nd day of August 2012.
19
1. GENERAL DOCUMENTS
1. C. AGREEMENTS OF THE EXTRAORDINARY
MEETING OF UNIORE IN ECUADOR,
FEBRUARY 2013
20
Inter-American Union of Electoral Organisms
EXTRAORDINARY MEETING
INTER-AMERICAN UNION OF ELECTORAL ORGANISMS
(UNIORE)
February 13, 2013
The delegates, representatives of the following electoral organisms: National Electoral Chamber
of Argentina, Elections Canada of Canada, National Electoral Council of Colombia, Colombian
National State Civil Registry, Supreme Elections Tribunal of Costa Rica, Qualifying Elections
Tribunal of Chile, Electoral Service of Chile, National Electoral Council of Ecuador, Electoral
Disputes Tribunal of Ecuador, Supreme Electoral Tribunal of El Salvador, Supreme Electoral
Tribunal of Guatemala, Electoral Tribunal of the Judicial Branch of the Federation of Mexico,
Federal Electoral Institute of Mexico, Supreme Electoral Council of Nicaragua, Electoral
Tribunal of Panama, Superior Electoral Justice Tribunal of Paraguay, National Elections Jury of
Peru, National Office of Electoral Processes of Peru, Puerto Rico State Commission on
Elections, Superior Electoral Tribunal of the Dominican Republic, Central Electoral Board of the
Dominican Republic, Electoral Commission of Santa Lucia, Electoral Court of Uruguay and
National Electoral Council of Venezuela, have gathered together for the Extraordinary Reunion
of the Inter-American union of Electoral Organisms (UNIORE), in the City of Quito, Ecuador,
on February 13, 2013, as members of the UNIORE and after the upheld discussions,
WE AGREE
1. To thank the electoral authorities of Ecuador, as well as its staff, for organizing this
Meeting and for their hospitality and attentiveness towards the participants.
21
2. To acknowledge receipt of the report on the activities of the UNIORE’s pro tempore
Presidency, as sent by the Presidents of the Central Electoral Board and of the Dominican
Republic’s Superior Electoral Tribunal.
3. To take note of the presentation by the delegates of Korea’s National Electoral
Commission, Lee Jong-Woo and Kim Yong Hi, who, as both an electoral organ and
executive secretary of the Work Group for the creation of a Association of World
Election Bodies (A-WEB). To congratulate for this initiative and to distribute the
respective materials to all members of the UNIORE, so they can be studied and analyzed
by each member electoral institution.
4. To admit the National Civil State Registry of Identification (RENIEC1) of the Republic
of Peru as a member of the Inter-American Union of Electoral Organisms (UNIORE2)
and to give the most respectful welcome to this organism through its National Director,
Sr. Jorge Luis Yrivayen.
5. As an unanimous decision, a new UNIORE Extraordinary Meeting has been called for, in
order to get to know and solve the agenda’s pending points:
A. “Knowledge about new requests to enter UNIORE: request from the National
Electoral Direction of Argentina;
B. Knowledge about work and cooperation agreements with the following
organisms:
a. IDEA International
b. Organization of American States
c. Subscription to Latinobarometer of the Americas
C. Presentation of the Plan of Action within the framework of the “Report on the
UNIORE’s Work Group session” (Mexico, July 13 and 14, 2011)”.
D. Discussion about UNIORE’s budget matters.
E. Knowledge about proposal by UNIORE’s Protocol of Electoral
Accompaniment for Electoral Missions.
1
2
For its acronym in Spanish
Ibid.
22
F. Reform Proposal of the Inter-American Union of Electoral Organisms’
Charter (annexed reform proposal).”
6. To use this unique opportunity and in efforts of planning this upcoming Extraordinary
Meeting, to expand the Committee of Coordination and Follow Up, by including the
participation of the gentlemen Erasmo Pinilla, President of the Electoral Tribunal of
Panama, and Domingo Paredes, President of the National Electoral Council of Ecuador.
7. The mandate of this expanded Committee will focus on setting the date, which will be set
no more than ninety days after the celebration of the first session (February 13, 2013) and
the headquarters, for which we take note of the offers made by the Superior Electoral
Justice Tribunal (SEJT) of the Republic of Paraguay and by the National Electoral
Council (NEC) of the Bolivarian Republic of Venezuela, with the occasion of their
respective electoral processes.
8. For all statutory effects, it is formally acknowledged that the documentation that was
distributed during the first session of the Extraordinary Reunion (February 13, 2013) was
presented and made known to all the members of the UNIORE. In addition, a timeframe
of thirty days has been set, starting on this date, for presenting the observations or
proposals on behalf of the member organisms. This information will be sent both to the
Executive Secretariat and to the Presidency of UNIORE.
9. The Qualifying Elections Tribunal of the Republic of Chile will send the written Statute’s
reform proposal, about limiting the number of electoral organism per country that can be
members of the UNIORE to three.
10. To make a commitment to send delegates to the next Extraordinary Metering, who have
the powers required to take corresponding actions.
11. To put the Presidency in charge of acknowledging Tibisay Lucena Ramírez, President of
the National Electoral Council of Venezuela, for their important contributions to the
forefront of its country’s electoral organism
Done in Quito, Ecuador, on February 13, 2013.
23
By the National Electoral Chamber of Argentina
Elena Gómez
Pro-Secretary of the Chamber
National Electoral Chamber
By the Supreme Electoral Tribunal of Bolivia
Wilma Velasco Aguilar
President
Supreme Electoral Tribunal
By Elections Canada
Chris Rodgers
International Affairs
Elections Canada
By the National Electoral Council of Colombia
Luis Bernardo Franco Ramírez
Magistrate
National Council of Colombia
By the Colombian National Registry of the Civil State
Carlos Ariel Sánchez Torres
Head of the National Registry Office
National Registry of the Civil State
Altus Alejandro Baquero Ruefa
Private Secretary
National Registry of the Civil State
Roberto José Rodríguez Carrera
Coordinator of the Administration Program
National Registry of the Civil State
24
By the Supreme Elections Tribunal of Costa Rica
Max Esquivel Faerron
Magistrate
Supreme Elections Tribunal
Zetty Bou Valverde
Magistrate Pro Tempore
Supreme Elections Tribunal
By the Qualifying Tribunal of Elections Chile
Patricio Valdes Aldunate
President
Qualifying Tribunal of Elections
Arturo Lagos Parisi
Department Chief
Qualifying Tribunal of Elections
By the Electoral Service of Chile
Elizabeth Cabrera Burgos
Sub-Director
Electoral Service
By the National Electoral Council of Ecuador
Domingo Paredes Castillo
President
National Electoral Council
By the Electoral Disputes Tribunal of Ecuador
Catalina Castro Llenera
25
President
Electoral Disputes Tribunal
Patricio Baca Mancheno
Vice President
Electoral Disputes Tribunal
By the Supreme Electoral Tribunal of El Salvador
Eugenio Chicas
President
Supreme Electoral Tribunal
Eduardo Urquilla
Magistrate
Supreme Electoral Tribunal
Gilberto Canjura Veláquez
Magistrate
Supreme Electoral Tribunal
By the Supreme Electoral Tribunal of Guatemala
Helder Ulises Gómez
Magistrate
Supreme Electoral Tribunal
José Mynor Pal Usen
Substitute Magistrate
Supreme Electoral Tribunal
By the Electoral Tribunal of the Judicial Branch of the Federation of Mexico
Manuel Gonzáles Oropeza
Magistrate
Electoral Tribunal of the Judicial Branch of the Federation
By the Federal Electoral Institute
26
Manuel Carrillo Poblano
Coordinator of International Affairs
Federal Electoral Institute
Magdalena Palencia
Sub-Director of Relations with Electoral Organisms
Federal Electoral Institute
By the Supreme Electoral Council of Nicaragua
José Luis Villavicencio
Magistrate
Supreme Electoral Council
Adonai Jiménez
General Director of Electoral Affairs
Supreme Electoral Council
By the Electoral Tribunal of Panama
Erasmo Pinilla
President
Electoral Tribunak
Lizbeth Reyes
Director of International Relations
Electoral Tribunal
By the Superior Tribunal of Electoral Justice of Paraguay
Luis Alberto Mauro
Advisor and Adjunct Coordinator of the Elections Commission 2013
Superior Electoral Justice Tribunal
Modesto Núñez
Supervisor
Superior Electoral Justice Tribunal
Lourdes Rojas
27
Judicial Secretariat
Superior Electoral Justice Tribunal
Marizol Gonzáles
Director of Electoral Statistics
Superior Electoral Justice Tribunal
By the National Elections Jury of Peru
Baldomero Elías Aybar Carrasco
Magistrate
National Elections Jury
Luis Antonio Legua Aguirre
Magistrate
National Elections Jury
By the National Office of Electoral Processes of Peru
Elizabeth Rocío Bravo
National Office of Electoral Processes
José Antonio Cornejo Gobetto
National Office of Electoral Processes
By the Central Electoral Board of the Dominican Republic
Roberto Rosario Márquez
President
Central Electoral Board
Rosario Altagracia Graciano de los Santos
Magistrate
Central Electoral Board
César Francisco Féliz Feliz
Magistrate
Central Electoral Boad
28
By the Superior Electoral Tribunal of the Dominican Republic
Mariano Rodríguez Rijo
President
Superior Electoral Tribunal
Mabel Féliz Báez
Magistrate
Superior Electoral Tribunal
Jose Ml. Hernández Peguero
Magistrate
Superior Electoral tribunal
By the Puerto Rico State Commission on Elections
Héctor J. Conty Pérez
President
Puerto Rico State Commission on Elections
Walter Vélez Martínez
Secretary
Puerto Rico State Commission on Elections
By the Electoral Commission of Saint Lucia
Michael Floor
Commissioner
Electoral Commission
By the Electoral Court of Uruguay
Ronald Herbert
President
Electoral Court
Washington Salvo
Minister
Electoral Court
29
By the National Electoral Council of Venezuela
Socorro Hernández Hérnandez
President
National Electoral Council
Luisa López
Director of International Relations Cooperation
National Electoral Council
Ludia Cárquez
National Electoral Council
By the Executive Secretariat
Joseph Thompson
Director of Center for Electoral Advisory and Promotion
30
2. FOUNDING CHARTER DECISION-MAKING
REFORM PROPOSALS
2. D. ELECTORAL TRIBUNAL OF PANAMA
Received by the Executive Secretariat
03/22/13
31
Nota 162-MP-TE
March 13, 2013
Roberto Rosario
President
UNIORE
Dominican Republic
Estimated Doctor Rosario:
Attending the Accord 8 of the Extraordinary Meeting of UNIORE, held at Quito,
Ecuador on February 13th, 2013, the Magistrates of the Electoral Tribunal of Panama
gathered in the session of March 11th, 2013 of the Accord Meeting, have decided to
propose the follow amendment to the UNIORE´s Statutes:
1.
In the subject of decision making, switch the consensus formula for a
qualified majority of 80% of the members of UNIORE.
2.
The Statutes must be establish the specific responsibilities and functions of
administrative and financial duties of the Executive Secretariat
Using this occasion to express again our distinguished respect.
Sincerely,
Erasmo Pinilla
President of the Electoral Tribunal
32
2. FOUNDING CHARTER DECISION-MAKING
REFORM PROPOSALS
2. E. ELECTORAL COURT OF THE FEDERAL
JUDICIARY OF MEXICO
Received by the Executive Secretariat
03/14/13
33
INSTITUTIONAL POSITION OF THE ELECTORAL COURT OF THE FEDERAL JUDICIARY
ON THE PROPOSED AMENDMENT STATUTE OF THE INTER-AMERICAN UNION OF
ELECTORAL BODIES BY THE ELECTORAL COURT OF PANAMA
BACKGROUND
1. - The Electoral Court of the Federal Judiciary (TEPJF) is a member of the Inter-American
Union of Electoral Bodies (UNIORE), of which the Center for Advisory and Electoral Promotion
(CAPEL) from the Inter American Institute of Human Rights (IIDH), acts as Executive
Secretariat.
2. - UNIORE was created in Caracas, Venezuela, on 22 November 1991, during a joint meeting
summoned by electoral bodies members of the Association of Electoral Bodies of Central
America and the Caribbean (Tikal Protocol) and of the Association of Electoral Bodies of South
America (Quito Protocol). In addition to these, other members of UNIORE include electoral
bodies of Mexico, Canada and the United States of America. Mexico and Canada joined
UNIORE during the Third Conference, which took place in 1996, and the United States of
America joined during the Fourth Conference, in 1998.
3. - UNIORE is a non-governmental entity, whose decisions only entail recommendations and
suggestions for its members
4. - UNIORE’s objectives are to:
• Increase cooperation amongst member Associations, as well as participating Electoral
Bodies
• Foster exchange of information related to electoral regimes.
• Pursue participation of member Electoral Bodies as observers in electoral processes.
• Make general recommendations to UNIORE’s member Electoral Bodies.
34
1
• Promote safe, efficient, and democratic electoral systems in which a free, universal and secret
vote is guaranteed.
• Provide support and assistance, inasmuch as resources allow for it, to member Electoral
Bodies that request it.
5. - On 13 February 2013, in Quito, Ecuador, an Extraordinary Meeting of UNIORE took place.
As states in the Fourth Clause of the Constitutive Act, five members submitted a formal petition
for the meeting, although these petitions were not addressed to the Executive Secretariat, as
stated in the quoted clause.
6. - Judge Manuel González Oropeza represented the Electoral Court of the Federal Judiciary.
Also, representatives of the following Electoral Bodies attended the meeting: National Electoral
Chamber of Argentina, Elections Canada, National Electoral Council of Colombia, National
Electoral Office of the Civil Registry of Colombia, Supreme Electoral Court of Costa Rica,
Electoral Court of Chile, Electoral Service of Chile, National Electoral Council of Ecuador,
Electoral Court of Ecuador, Supreme Electoral Court of El Salvador, Supreme Electoral Court of
Guatemala, Federal Electoral Institute of Mexico, Supreme Electoral Council of Nicaragua,
Electoral Court of Panama, Superior Court of Electoral Justice of Paraguay, National Jury of
Elections of Peru, National Office of Electoral Processes of Peru, State Elections Commission of
Puerto Rico, Superior Electoral Court of Dominican Republic, Central Electoral Board of
Dominican Republic, Electoral Commission of Santa Lucia, Electoral Court of Uruguay and
National Electoral Council of Venezuela.
7. - The agenda for UNIORE’s Extraordinary Meeting was as follows:
35
2
36
3
37
4
8. - As part of the agreements at UNIORE’s Extraordinary Meeting, the Report of Activities from
the Pro Tempore Presidency, currently held by the Presidents of the Superior Electoral Court
and the Central Electoral Board of Dominican Republic, delivered by Dr Roberto Rosario,
president of the latter, was noted.
9. - The presentation by delegates of the National Electoral Commission of Korea, Lee JongWoo and Kim Yong Hi, in their capacity as both central body and executive secretary of the
working group for the establishment of an Association of World Electoral Bodies (A-WEB), was
also noted.
10. - During the meeting, the National Registrar for Identification and Civil Status (RENIEC) from
the Republic of Peru, was admitted as new member of UNIORE.
11. - By unanimous agreement by the meeting’s attendants, a new Extraordinary Meeting was
called for, in order to discuss and solve the following pending issues:
“A. Membership applications to UNIORE: application by the Dirección Nacional
Electoral of Argentina;
B. Cooperation and collaboration agreements with the following organizations will be duly noted:
a. International IDEA
b. Organization of American States
c. Suscription to Latinobarómetro de las Américas.
C. Presentation of the Action Plan in the context of the “Report on the session of the UNIORE’s
Working Group (Mexico, 13 and 14 July 2011)”.
D. Discussion of UNIORE’s budgetary issues.
38
5
E. Inform about a proposal of Electoral Accompanying Protocol of UNIORE for Electoral
Missions.
F. Proposal to Reform the Constitutive Act of the Inter-American Union of Electoral Bodies
(proposal attached)”.
12.- Also, for this one time and in order to plan the next Extraordinary Meeting, it was agreed to
extend the Coordination and Follow-up Committee, with the participation of Mr. Erasmo Pinilla,
President of the Tribunal Electoral of Panama and Mr. Domingo Paredes, President of the
National Electoral Council of Ecuador.
In this sense, the mandate of the extended Committee will focus on establishing a host country
and a date for the next Extraordinary Meeting, which will be set within 90 days after the date of
the first session (13 February 2013), and for which offers to host the meeting by the Superior
Court of Electoral Justice (TSJE) of the Republic of Paraguay and by the National Electoral
Council (CNE) of the Bolivarian Republic of Venezuela are noted, due their respective electoral
processes.
13. - Additionally, it was agreed that member organizations could present comments and
proposals related to the documents circulated by the Executive Secretariat, within 30 days after
the Extraordinary Meeting.
14. – Thus, meeting the time limit established in the previous paragraph, the Electoral Court of
the Federal Judiciary presented comments to the Executive Secretariat and the President Pro
Tempore of UNIORE about topics discussed during the Extraordinary Meeting, and recognized
its institutional position on issues pending from the agenda.
39
6
15.- Furthermore, it was stated during the meeting that the Electoral Court of the Republic of
Chile would present an amendment to the statute on the limitation to three electoral bodies per
country, which could be members of UNIORE. The Electoral Court of the Federal Judiciary also
set its position on supporting the motion of the Electoral Court of the Republic of Chile, through
the document mentioned in the previous paragraph.
16. - The Electoral Court of the Republic of Panama, in letter number 162-MO-TE, dated on
March 13, 2013, presented before the President Pro Tempore of UNIORE a proposed
amendment of the statute, consisting of:
“1. In terms of decision-making, substituting consensus with 80% of the votes of the
members of UNIORE “
2. UNIORE’s statutes must state explicitly the responsibilities of administrative and
financial functions. ”.
17.- In that manner, it is suggested that the Upper Chamber of the Electoral Court of the Federal
Judiciary, creates an institutional stance regarding the proposed amendment of the statute by
the Electoral Court of the Republic of Panama.
40
7
CONSIDERATIONS
A. In terms of decision-making, substituting the consensus with 80% of the votes of
the members of UNIORE
1. - The fifth Clause of the Constitutive Act of the UNIORE states:
"The Conference will be installed with the presence of more than half of its members.
Resolutions and decisions of the Conference shall be taken by consensus.
Each Electoral Body shall have one vote in the Union, whichever the number of their
representatives will be, for whom they are issued at the time by the leader of the
respective delegation. "
2. - According to the proposal of the Electoral Court of the Republic of Panama, the paragraph
of the Fifth Clause would be following:
“... Resolutions and decisions of the Conference shall be taken by 80% of the votes
of the members of UNIORE".
3.- In order to clarify language and distinguish that the reform refers to electoral bodies present
at each conference, whether ordinary or extraordinary, it is considered suitable to replace the
word “member” by “present member”, and explain that it is an electoral body attending the
Conference.
41
8
The Dictionary of the Royal Spanish Academy defines integral as:
1. adj. that integrates. Applied. to persons, also used as a noun.
2. adj. In Philosophy, to be part of; that, without being essential it is part of a whole.
4. - With the purpose to act with legality and transparency, it is suggested to complement the
Fifth Clause with an additional requirement: to have a member present at the Conference who is
interested in a particular subject found in the agenda under discussion. In that sense, if it is
decided or agreed on a subject, and the member is not present, the vote cannot be considered
valid. Moreover, it is suggested that in any case that the affected party does not attend two
consecutive sessions; the decision-making will be taken by 80% of the members present at the
time.
5. - In addition to the previous observations, it is vital to establish at what point an agreement or
resolution issued at the conference will take effect.
Consequently, it is suggested that once an issue is resolved or agreed upon by its members, it
has prospective effect at the time of approval, as to afford the retroactivity decision-making, this
would lead to legal uncertainty in all past actions which have been resolved or agreed in
previous UNIORE Conferences.
B. UNIORE statutes must state explicitly the responsibilities of the Executive Secretariat
in its administrative and financial functions.
Sole.- The Electoral Court supports the proposal that the specific functions of the Executive
Secretariat are established in the Constitutive Act, provided that they have been deliberated and
approved by members of UNIORE, by means of resolution or decisions agreed by the
Conference.
42
9
INSTITUTIONAL POSITION
A. In terms of decision-making, substituting the consensus by 80% of the votes of the
members of UNIORE.
1 - The Electoral Court of the Federal Judiciary is in favor of clarifying the language, in support
of the participation of members interested in voting of their concern during the Conference, and
in favor the set effects agreements or resolutions from the time of approval, suggesting that the
reform is drafted in the following terms:
"The Conference will take place with more than half of its members. The resolutions and
decisions of the Conference will be taken by 80% of the votes of present members, inescapable
requirement that the agency concerned or affected by such resolution or agreement is present
at the Conference at the time of issuance of the vote, unless the representative of the body
concerned is not present for two consecutive sessions, in which case the decision will be taken
by the abovementioned majority."
B. UNIORE statutes must state explicitly the responsibilities of the Executive Secretariat
in its administrative and financial functions.
1 - The Electoral Court of the Federal Judiciary is in favor of indicating the specific roles and
responsibilities of the Executive Secretariat under the agreements or the decision issued at the
Conference, previous to the deliberation and agreement of the latter.
43
10
3. GENERAL OBSERVATIONS TO
DOCUMENTS FILED IN THE EXTRAORDINARY
MEETIN OF UNIORE IN ECUADOR, FEBRUARY
2013
3. F. FEDERAL ELECTORAL INSTITUTE OF MEXICO
Received by the Executive Secretariat 14/03/13
44
PRESIDENCY OF THE GENERAL COUNCIL
México, D. F., March 14th, 2013.
DR. ROBERTO ROSARIO MÁRQUEZ
President de la Central Electoral Board of
the Dominican Republic
President of the Inter-American Union of
Electoral Bodies
DR. MARIANO A. RODRÍGUEZ RIJO
President of the Superior Electoral Court of
the Dominican Republic
President of the Inter-American Union of
Electoral Bodies
Very honourable Presidents of the Electoral Authorities of the Dominican Republic:
I hereby send you a cordial greeting, and I express my gratitude for having sent me the report of the
Extraordinary Meeting that took place in Quito last February 13th, as well as the agenda to be
covered.
With regard to the points you are kind enough to send for our consideration, which are as follows,
I.
II.
III.
IV.
V.
VI.
Application from the National Electoral Direction of Argentina to form part of the
UNIORE.
Collaboration Agreements
Action Plan, taken from the Work Group in Mexico
Budget issues in UNIORE
UNIORE’s Proposal of Protocol of Electoral Accompaniment for electoral missions
Proposal to reform the Chart of the UNIORE
I hereby state some considerations for you.
I.
Application from the National Electoral Direction of Argentina (DINE) to form part of the
UNIORE
I have been informed of the intense debate that such application brought up. Beyond the judicial
analysis that I could perform on it, I place for your consideration the official letter dated on January
9th, 2013, where the Plenary Session of the National Electoral Chamber of Argentina presented a
series of arguments aimed at supporting their position against the entrance of DINE to UNIORE.
II.
Collaboration Agreements
In relation to the projects of collaboration agreements with three different instances, International
IDEA, the Organization of American States (OAS), and Latinobarometer of the Americas; beyond the
legal considerations and procedures that we could have about it, we would kindly require to know all
…1
45
the benefits that the UNIORE would receive if such agreements were concluded. Even though we are
certain that on an individual basis several members of the Union do hold collaboration schemes with
those institutions, activities which in certain cases other members also concur, we want to know
which will be the collective benefits, as well as the obligations of the Union when signing these
documents.
III.
Action Plan, taken from the Work Group in Mexico
As for the document called “Action Plan Based on the Framework of the Report of the Work Group
Session of the UNIORE (Mexico, July 13th and 14th, and November 2011)”, which was distributed to
us on February 13th in Quito, we put to your consideration the following comments.
1. The background aspects of the Action Plan made by the Work Group in Mexico in July of 2011
are:
a. The agreement # 13 of the X Conference of the UNIORE, celebrated in 2010 in Mérida,
Yucatán, presided by the Federal Electoral Institute (IFE), and the Electoral Court of the
Judicial Power of the Federation (TEPJF), established that the Presidency of the UNION
would call a Work Group to make up a diagnostic on the new needs and a Road Map to tend
to them. Such group was made up by the members of the Coordination and Follow-up
Committee of the UNIORE – IFE and TEPJF, the Central Electoral Board of the Dominican
Republic, and the Executive Secretariat, the President Members of the Tikal and Quito
Protocols – the Supreme Electoral Court of Guatemala and the National Electoral Council of
Ecuador, respectively, the President of the Supreme Electoral Tribunal of El Salvador, as
leaving President of UNIORE, as well as representatives from different regions of the
continent: the Federal Electoral Commission of the United States, the Electoral Commission
of Jamaica, the Electoral Tribunal of Panama, the National Electoral Council of Venezuela
and the Electoral Service of Chile.
b. The work meeting took place in Mexico City on July 13 and 14, 2011. There, the Group Work
identified the current challenges faced by the electoral authorities in the continent, how
UNIORE has tended to the electoral agenda in the last 20 years and its limitations to face up
to such challenges.
Also, as part of the Agreements, it was established that such Group would “elaborate a
diagnosis and a Road map to tend to the new needs and requirements of the members of the
UNIORE”. This Group was thus born as a result of a collegiate decision from the UNIORE,
with clear and specific assignments.
As a result of its activities, the Report on the Work Group Session of the UNIORE (Mexico
City, July 13 and 14 2011) was written. The document collects, in its Appendix #10, five
ideas that became the objectives to work on for the Road map. A series of proposals for
action as a Road map for each of these objectives are also included in the Report.
…2
46
c. Based on the Agreements of the X Conference, the Extraordinary Meeting was held on
November 10 and 11, 2011, to commemorate the XX Anniversary of the UNIORE and to
present the diagnostic and the Road map written by the Work Group. That is to say, the
celebration and development of such a meeting were the result of the Report on the Work
Group Session of the UNIORE (Mexico City, July 13 and 14 2011). It must be noted that the
celebration of such meeting is part of the Agreements of the said Conference.
The second point of the Conclusions of the aforementioned Extraordinary Meeting states that
the following actions would be accomplished:
i.
Creating a Project of Protocol for Electoral Observation within the framework of
UNIORE
ii.
Incorporating the electronic publications of the EMBs members of UNIORE to the
UNIORE web site.
iii.
Redefining and strengthening the role of the Presidency of the UNIORE, as well as
the mechanisms of coordination and liaison with the Executive Secretariat.
iv.
Insisting on the importance to establish certain programs and instances in civic
education and civic-electoral training matters.
v.
Pointing out the increasing value that electoral jurisprudence has acquired and the
value of its systematization.
vi.
Integrating a Commission that will study different formulas to ensure sustainable
financing for the UNIORE, including different fees, donations from international
bodies and proposals of projects that can be financed.
vii.
Considering a planning and programming system on medium and long term bases.
d. As a result of such Meeting, the document became known and was supported. The
document included the proposals of diagnostic (appendix 3) and Road Map (Appendix 10),
written by the Group Work that held a session in July, 2011.
It is important to point out that the report on the results on the Meeting the Work Group was
confirmed by the Plenary Session of the UNIORE in its XI Meeting in the Dominican
Republic, which took place from July 29th to August 3rd, 2012, which gives it full juridical
support.
2. The document we have received, more than being a document based on the activities
developed by the Work Group in Mexico, or on the decisions adopted in a collegiate way by the
UNIORE in the Dominican Republic on its results, it is a new proposal that retakes some
conclusions of the Group and presents other actions to develop, different to those that were
proposed and approved in proper time and form, as signalled before.
Therefore, we may conclude that the document of the Work Group in Mexico approved by the
Extraordinary Meeting and the XI Conference, which incorporates activities to carry out, is the
juridical, validated instrument and on which all the different programmes of action must be based
on. Without detriment to the document given to us in Quito on February 13, I very respectfully
ask that it be analysed, discussed and approved to strengthen, in its case, the Group Word
document from Mexico. From our point of view, the document distributed in Quito requires
…3
47
formality and due discussion, as well as approval, just as the document produced by the Work
Group in Mexico.
IV.
Budget issues in UNIORE
Originating from the agreements of the Work Group in Mexico in July 2011, Appendix 11 of the
Report establishes in its objective #5 that “the UNIORE must be a self-sustainable entity through
financing sources agreed upon by its members and their contributions”. Such proposal includes
considering fees, gathering financial contributions from international, national and electoral bodies.
We consider, very respectfully, that the discussion on this point must stem out of the objectives set by
the Work Group and approved by the plenary session of the Extraordinary Meeting in the Dominican
Republic.
V.
Proposal of Protocol for Electoral Accompaniment of the UNIORE for electoral
missions.
1. Stemming out from what was established in the Road map created by the Work Group that met
in July, 2011 in Mexico, and fulfilling the agreements approved in the Extraordinary Meeting that
took place in November of that same year in this city within the framework of the XI Conference
of the UNIORE, celebrated from July 29th to August 3rd, 2012 in the Dominican Republic, the
Project for Protocol for Observation of the UNIORE. This can be found in Appendix 10 of the
Report that IFE and TEPJF of Mexico presented on their Presidency of the UNIORE (November
2010 – July 2012).
As part of the agreements approved in the aforementioned XI Conference, the Coordination and
Follow- Up Committee was entrusted with sending the members who were not there, the
Project of Protocol, with a deadline of 90 days for the Committee to receive the comments and
opinions (in written form) from each of the members of the UNIORE. Later on, the Committee
itself, within a period of 30 days, would incorporate the observations and share a new version of
the Project.
In our perspective, the Protocol for Electoral Observation of the UNIORE was duly integrated
and approved after the agreements reached in the Meeting in the Dominican Republic from July
29th to August 2nd, 2012, with the corresponding deadlines and consultations.
We respectfully ask for the orientation that you consider due on this new Proposal of Protocol for
Electoral Accompaniment of the UNIORE for the electoral missions. Will this instrument
substitute the Protocol for Electoral Observation approved in the Dominican Republic or is this
new Protocol an alternative instance? In any case, we put to your consideration the pertinence
of analysing and discussing the juridical-procedural basis of this new Protocol of Electoral
Accompaniment.
VI.
Proposal to reform the Chart of the UNIORE
…4
48
Appendix 9 of the Report of the Work Group in Mexico, in its point number 10, establishes that the
“UNIORE Charter must be modified so that it works as a continental organization with the
responsibility to support and guide the electoral bodies of the continent.
According to this, we respectfully suggest that the necessary actions must be taken to be able to
implement the agreements of the Work Group in Mexico in relation to the reform of the Charter.
Attached to this letter you will find the Report with the eleven corresponding appendixes of said Work
Group.
Thank you very much for the attention given to this letter. Should you require any further information
you may judge convenient, please do not hesitate to inquire after it. I profit the occasion to assure
you of my highest consideration.
Sincerely,
The President Councillor
Dr. Leonardo Valdés Zurita
…5
49
3. GENERAL OBSERVATIONS TO
DOCUMENTS FILED IN THE
EXTRAORDINARY MEETIN OF UNIORE IN
ECUADOR, FEBRUARY 2013
3. G. ELECTORAL COURT OF THE FEDERAL
JUDICIARY OF MEXICO
Received by the Executive Secretary 13/03/13
50
INSTITUTIONAL POSITION OF THE ELECTORAL COURT OF THE FEDERAL JUDICIARY
ABOUT TOPICS TO BE DISSCUSSED DURING THE NEXT EXTRAORDINARY MEETING
OF THE INTER-AMERICAN UNION OF ELECTORAL BODIES.
BACKGROUND
1.- The Electoral Court of the Federal Judiciary (TEPJF) is a member of the Inter-american
Union of Electoral Bodies (UNIORE), of which the Center for Advisory and Electoral Promotion
(CAPEL) from the Inter American Institute of Human Rights (IIDH), acts as Executive
Secretariat.
2.- UNIORE was created in Caracas, Venezuela, on 22 November 1991, during a joint meeting
summoned by electoral bodies members of the Association of Electoral Bodies of Central
America and the Caribbean (Tikal Protocol) and of the Association of Electoral Bodies of South
America (Quito Protocol). In addition to these, other members of UNIORE include electoral
bodies of Mexico, Canada and the United States of America. Mexico and Canda joined UNIORE
during the Third Conference, which took place in 1996, and the United States of America joined
during the Fourth Conference, in 1998.
3.- UNIORE is an non-governmental entity, whose decisions only entail recommendations and
suggestions for its members
4.- UNIORE’s objectives are to:
• Increase cooperation amongst member Associations, as well as participating Electoral
Bodies
51
1
• Foster exchange of information related to electoral regimes.
• Pursue participation of member Electoral Bodies as observers in electoral processes.
• Make general recommendations to UNIORE’s member Electoral Bodies.
• Promote safe, efficient, and democratic electoral systems in which a free, universal and
secret vote is guaranteed.
• Provide support and assistance, inasmuch as resources allow for it, to member Electoral
Bodies that request it.
5.- On 13 February 2013, in Quito, Ecuador, an Extraordinary Meeting of UNIORE took place.
As states in the Fourth Clause of the Constitutive Act, five members submitted a formal petition
for the meeting, although these petitions were not addressed to the Executive Secretariat, as
stated in the quoted clause.
6.- Judge Manuel González Oropeza represented the Electoral Court of the Federal Judiciary.
Also, representatives of the following Electoral Bodies attended the meeting: National Electoral
Chamber of Argentina, Elections Canada, National Electoral Counicl of Colombia, National
Electoral Office of the Civil Registry of Colombia, Supreme Electoral Court of Costa Rica,
Electoral Court of Chile, Electoral Service of Chile, National Electoral Council of Ecuador,
Electoral Court of Ecuador, Supreme Electoral Court of El Salvador, Supreme Electoral Court of
Guatemala, Federal Electoral Institute of Mexico, Supreme Electoral Council of Nicaragua,
Electoral Court of Panama, Superior Court of Electoral Justice of Paraguay, National Jury of
Elections of Peru, National Office of Electoral Processes of Peru, State Elections Commission of
Puerto Rico, Superior Electoral Court of Dominican Republic, Central Electoral Board of
Dominican Republic, Electoral Commission of Santa Lucia, Electoral Court of Uruguay and
National Electoral Council of Venezuela.
7.- The agenda for UNIORE’s Extraordinary Meeting was as follows:
52
2
53
3
54
4
8. - As part of the agreements at UNIORE’s Extraordinary Meeting, the Report of Activities from
the Pro Tempore Presidency, currently held by the Presidents of the Superior Electoral Court
and the Central Electoral Board of Dominican Republic, delivered by Dr Roberto Rosario,
president of the latter, was noted.
9. - The presentation by delegates of the National Electoral Commission of Korea, Lee JongWoo and Kim Yong Hi, in their capacity as both central body and executive secretary of the
working group for the establishment of an Association of World Electoral Bodies (A-WEB), was
also noted.
10. - During the meeting, the National Registrar for Identification and Civil Status (RENIEC) from
the Republic of Peru, was admitted as new member of UNIORE.
11. - By unanimous agreement by the meeting’s attendants, a new Extraordinary Meeting was
called for, in order to discuss and solve the following pending issues:
“A. Membership applications to UNIORE: application by the Dirección Nacional
Electoral of Argentina;
B. Cooperation and collaboration agreements with the following organizations will
be duly noted:
a. International IDEA
b. Organization of American States
c. Suscription to Latinobarómetro de las Américas.
C. Presentation of the Action Plan in the context of the “Report on the session of the
UNIORE’s Working Group (Mexico, 13 and 14 July 2011)”.
55
5
D. Discussion of UNIORE’s budgetary issues.
E. Inform about a proposal of Electoral Accompanying Protocol of UNIORE for
Electoral Missions.
F. Proposal to Reform the Constitutive Act of the Inter-American Union of Electoral
Bodies (proposal attached)”.
12.- Also, for this one time and in order to plan the next Extraordinary Meeting, it was agreed to
extend the Coordination and Follow-up Committee, with the participation of Mr Erasmo Pinilla,
President of the Tribunal Electoral of Panama and Mr Domingo Paredes, President of the
National Electoral Council of Ecuador.
In this sense, the mandate of the extended Committee will focus on establishing a host country
and a date for the next Extraordinary Meeting, which will be set within 90 days after the date of
the first session (13 February 2013), and for which offers to host the meeting by the Superior
Court of Electoral Justice (TSJE) of the Republic of Paraguay and by the National Electoral
Council (CNE) of the Bolivarian Republic of Venezuela are noted, due their respective electoral
processes.
13.- Additionally, member organizations can present comments and proposals related to the
documents circulated by the Executive Secretariat, within 30 days after the Extraordinary
Meeting.
14.- As discussed at the Extraordinary Meeting, the Electoral Court of the Republic of Chile will
send a draft proposal to reform the Constitutive Act to limit representation at UNIORE to three
electoral bodies by country.
56
6
15.- For the next Extraordinary Meeting of UNIORE, member organizations are committed to
send delegates that are invested with due powers to make corresponding decisions on behalf of
their organizations.
16.- In this sense, the Plenary of the Superior Courtroom of the Electoral Court of the Federal
Judiciary expresses its institutional position in the following pages, regarding issues to be
discussed during the next Extraordinary Meeting of UNIORE.
CONSIDERATIONS
A. Knowledge of incoming requirements to UNIORE: application of the National Electoral
Directorate (DINE) of Argentina.
1.- The National Electoral Director of the Republic of Argentina, Dr Alejandro Tullio, by means of
communication dated December 26th, 2012, asked Dr Roberto Rosario Márquez, President of
the Central Electoral Board of the Dominican Republic, in his capacity as Chair of the InterAmerican Union of Electoral Bodies (UNIORE), to consider DINE’s application for membership
to UNIORE, expressing the following:
“Given the changes in the institutional framework of the National Electoral under the
elections law, I understand that the opportunity to consider the possibility of incorporating
this entity by this important forum has come and, which I hope, can come to fruition in the
near future.
In this regard I must inform that the National Electoral Directorate, aside from being an
organ of cooperation to the National Electoral Court with regard to logistics, financing and
electoral organization, it has also been conferred exclusive competencies related to
57
7
financing of political parties and electoral campaigns, as well as management of the new
system for administration of spaces for electoral campaigns”
2. - Dr Joseph Thompson, Director of the Center for Electoral Promotion and Assistance
(CAPEL), in his capacity as Executive Secretary of UNIORE, by means of communication on
January 25th, 2013, consulted the TEPJF on the probable incorporation of the National Electoral
the Republic of Argentina as an active member of the UNIORE.
3. - The National Electoral Chamber of Argentina, by letter dated January 9th, 2013, announced
its position on the request for membership by the National Directorate of the Republic of
Argentina, noting the following:
"(…) the National Electoral Directorate of the Republic of Argentina is not an electoral
body in terms of the requirements to be part of the Inter-American Union of Electoral
Organizations.Certainly, the National Electoral Directorate depends of the Department of Political and
Electoral Affairs of the Ministry of Interior and Transport, constituent of the
Executive Power of the Republic of Argentina.(…)
Even though a recent electoral reform has established that the distribution of
administrative resources and spaces in the media are made by this entity [DINE], it does
not have decision-making powers, but only limits itself to allocate resources following
regulations. That is to say, it distributes the amounts defined in the law and applicable
regulations, but this is subject to control by the judiciary; also the withdrawal of
contributions must derive from the court’s decision.
58
8
Essentially, functions traditionally carried out by the National Electoral Directorate
are aimed to assist the National Electoral Justice, through logistics activities.For these reasons, it is requested that the Executive Secretariat conveys the unfavorable
position of this Court on the incorporation of the National Electoral Interior Ministry and
Transport of the Republic of Argentina, to the Inter-American Union of Electoral Bodies –
UNORE”.
4. - During UNIORE’s Extraordinary Meeting on February 13, 2013, the same National
Electoral Chamber of Argentina, distributed a document, which stated the following:
"The structure of the Ministry of Interior and Transportation (copy attached in document D
- available online)1, demonstrates that while the Ministry has five secretariats, one of
which is the "Secretary of Political and Electoral Affairs", reliant on the homonymous
undersecretary, under whose orbit the "National Electoral Directorate" works, among
other agencies that deal with electoral and political issues of the Ministry’s authority, such
as the "National Political Affairs and Political Reform Directorate" or the "Electoral Political
Observatory".
(…)
In the case of DINE, regulations related to its own structure explicitly assign it the
described nature of instrumental branch or support to the Ministry of the Interior.
Decree 682/10 states that ‘by Decree No. 258 […] followed the approval of the
Organizational Structure of the ministry of the interior’ and through pass of Law
26.571, ‘new responsibilities [were assigned] to the State Department and in
particular to the National Directorates of Elections and of Political Affairs and
Political Reform, both dependent of the SUBSECRETARY OF POLITICAL AND
1
See chart after this consideration number four.
59
9
ELECTORAL AFFAIRS of the SECRETARY OF POLITICAL AFFAIRS of the
MINISTRY OF THE INTERIOR’.
In Latin America, the creation of centralized and specialized electoral bodies - as
those that are members of UNIORE – stems, precisely, from the need to separate
the electoral function from other roles within the Executive and Legislative Powers.
As formerly stated, the National Electoral Directorte is not an independent or autonomous
electoral body, but rather an instrumental or support agency of the Ministry of the Interior
and Transport, whom is responsible directly to that instance within the National Executive
Power. Namely, it acts as instructed by the Minister in charge, which in turn responds to
the Executive Power, which has an obvious political interest in electoral processes, due to
its primary origin.
Furthermore, the National Electoral Chamber of Argentina handed out a document containing
several Argentinian provisions that reference the National Electoral Directorate of Argentina.
60
10
5. - It is important to note that in the opinion of certain authors, the Argentinian Electoral system
could be considered as "mixed" or "impure" in the sense that the organization of the national
electoral process involves several agencies, such as:
- The National Electoral Court (electoral judicial forum)
- The "national electoral boards" (but non-judicial bodies composed of Magistrates
- The National Electoral Directorate (under the Ministry of the Interior).
61
11
Subsidiary bodies:
- The National Registry of Persons (under the Ministry of the Interior).
- The Postal Service
- The Electoral General Command.2
6.- Nevertheless, in 1962, the electoral function became an independent branch within the
judiciary. Through Decree No. 7163/62 –ratified by law/decree 3284/63– (Adla, XXII-A, 594;
XXIII-B, 800) which created the Cámara Nacional Electoral [National Electoral Chamber]. The
latter was restructured in 1971 and, currently, is the only court of appeals of which its case law
has plenary sentence binding force and is mandatory for all jueces de primera instancia [first
instance judges] and for juntas electorales nacionales [national electoral assemblies].
7. - Therefore, the authority in charge of national elections in the Republic of Argentina is the
National Electoral Court, which is part of the National Judiciary. Moreover, it exerts its powers
regarding provincial as well as municipal elections when performed concurrently.
The Electoral Jurisdiction is formed by 24 federal trial courts of first instance with jurisdiction
over each of the constituencies into which the country is divided –this is 23 provinces and the
City of Buenos Aires– in addition to a single Court of Appeals –the National Electoral Chamber.
It performs its jurisdiction throughout the Republic of Argentina and is the maximum authority on
the subject. Its resolutions have binding character of doctrine mandatory to all courts of first
instance.
2
GOZÁLEZ-ROURA Felipe y OTAÑO Piñero, Jorge H., Tendencias contemporáneas del Derecho Electoral en el
mundo, Memoria del II Congreso Internacional de Derecho Electoral, Serie B Estudios Comparativos b) Estudios
Especiales, Núm. 25, Proceso Electoral y Justicia Electoral: La Organización Electoral en la República Argentina,
Cámara de Diputados, Instituto Federal Electoral, Tribunal Federal Electoral e Instituto de Investigaciones
Jurídicas de la UNAM, México, 1993, http://biblio.juridicas.unam.mx/libros/2/635/39.pdf, consultado el 25 de
febrero de 2013, p. 742.
62
12
The National Electoral Justice exercises four types of functions: a) jurisdictional, b) control, c)
election management and d) registration.
8. - The National Electoral Boards are temporary bodies that are administrative by nature and
that are installed –by rule of law– 60 days prior to each election, to solve issues regarding the
administration of elections, final vote counting operations, determining causes that establish the
validity or invalidity of the election and proclamation of candidates whom result elected. They
are formed byt the federal electoral judge and other judges of the Judiciary.
Their decisions, like those adopted by the electoral judges, may be appealed before the
National Electoral Commission.
9. – Hitherto the publication of Decree No. 682/2010, the National Electoral Directorate of the
Republic of Argentina, dependent of the Ministry Interior, was considered by the doctrine as the
agency responsible for providing the legal infrastructure and equipment required for the election
act, while the National Electoral Justice –along with the election boards at the appropriate
stage– directed and controlled the entire process of election administration, ensuring its
transparency and legitimacy.
10.- The National Electoral Directorate is the national body responsible for scheduling,
establishing and implementing the tasks that the legislation assigns to the Ministry of the Interior
on electoral matters and on political parties; also, following Decree No. 682/2010, it has been
assigned, as its primary responsibilities, to:
•
Understand the organization party financing administration, as well as all aspects that
the legislation mandates regarding political parties and electoral campaigns.
63
13
•
Understand dissemination and training on electoral norms, procedures and all
information about elections and political parties.
•
Understand the modernization and innovation of procedures and regulations on matters
under its responsibility.
Particularly, the National Electoral Directorate of the Republic implements a series of actions to
contribute to transparency, security and reliability of the electoral process as a whole.
In this sense, the National Electoral Directorate of the Republic of Argentina performs the
following actions:
Chart I.
Actions
•
Boundaries
With public authorities at the national, provincial and municipal
levels on the implementation of political rights.
•
With the National Electoral Justice and local jurisdictions
regarding the logistics, materials, communications and other
activities related to elections and referendums.
•
•
Of National Electoral Policies
Operational tasks and relations with the Electoral General
Command, the Secretary of Homeland Security of the
Ministry of Justice, Security and Human Rights, as well as
Security Forces, with regard electoral matters
Permanent Party Fund, campaign contributions, printing of
ballots and aspects of cooperation with other agents in the
electoral process.
Collaborate
Strategy and implementation
•
•
Electoral and Geoelectoral Information Systems, creating
reports and specific geostatistical products.
•
Operational link with the National Electoral Court in the tasks
assigned by the law or judges
•
Activities provided under Law No. 26,215 on the distribution of
electoral publicity in audiovisual media services.
Administration
Understanding
64
14
•
In the tasks of collecting, categorization and providing
information pertaining to electoral processes, planning and
implementing of dissemination activities relating to corporate
actions, participatory and electoral federal, national and local
processes, as well as developing strategies and activities for
training on civic-electoral matters.
•
In the realization of studies and analysis on electoral rules and
procedures, political parties, and general electoral behavior.
•
In applying the reach out, cooperation and technical electoral
assistance policy with foreign electoral bodies, international or
regional organizations, local jurisdictions, non-governmental
organizations, and political parties.
•
In institutional relations, operational cooperation, interagency
linkage, besides technical advice to electoral bodies from the
provinces and the Autonomous City of Buenos Aires -with
regard electoral and political parties issues-, and particularly
to the Provincial Federal Electoral Organizations Forum.
Defining electoral geography, particularly in the delimitation of electoral
regions.
Participate
Draft and propose
Projects to amend electoral laws and those related to political parties.
Coordinate
Operational tasks among the National Electoral Directorate, the
National Electoral Justice, the provincial and municipal jurisdictions that
so request it, as well as the official Postal Service of Argentina S.A.
This chart illustrates that the National Electoral Directorate only undertakes operative and
complementary activities to those by the National Electoral Chamber, and of collaboration with
other authorites.
11.- Although reform to Laws 26.215 and 26.571, in line with Decrees No. 936/2010 and
445/2011, grants the National Electoral Directorate with functions related to distribution of time
in the media and to the participation in the administration of resources for political parties and
65
15
associacions, these are only established so that DINE can apply current legal dispositions, and
in collaboration and coordination with electoral authorities and representatives of other powers.
12.- The National Electoral Commission and the National Electoral Directorate of the Republic
of Argentina, are members of the Electoral Board of the Union of South American Nations
(UNASUR).
UNASUR is an entity with international legal personality, which aims to form a consensual
integration and unity in the cultural, social, economic and political affairs of their people, giving
priority to political dialogue, social policies, education, energy, infrastructure, finance and the
environment, inter alia, with a vision to eliminate socioeconomic inequality, social inclusion and
citizen participation, strengthening democracy and reducing irregularities, in the context of
strengthening Member States and respecting their independence.
Within the structure of UNASUR, lies the Electoral Council, which is an instance of functional
and technical consultation, cooperation, coordination, research, exchange of experience,
observation, support on electoral matters, and promotion of civic participation, as well as
democracy under the UNASUR Constitutive Treaty.
According to its decree, the Electoral Council of UNASUR is composed of the highest
authorities of the autonomous bodies, state agencies or institutions with electoral competence,
set forth in its Annex I, in compliance with the laws of each member.
13. - As seen in the following chart, UNIORE and UNASUR, along with the Electoral Council,
differ in their objectives and incorporation of new members:
66
16
CHART II.
UNIORE
Objectives
• Increase cooperation between the
Union's member Associations and
individual
Electoral
Organizations
belonging to the Union.
• Promote the sharing of information on
electoral systems.
• Foster
the
participation
of
representatives
of
the
member
Organizations in an observer capacity in
electoral processes, at the invitation of
the country where they are held, which
shall provide the necessary facilities as
far as is practicable in terms of its own
resources.
• Formulate general recommendations for
member Organizations.
• Promote honest, efficient and democratic
electoral systems which guarantee
universal suffrage and a free and secret
ballot.
• Provide support and assistance, as far as
practicable, to Electoral Organizations
which request it.
UNASUR
Objective
• Build, in a participatory and consensual
way, a space for cultural, social, economic
and political integration amongst its
peoples, prioritizing political dialogue, social
policy, education, energy, infrastructure,
financing and the environment, amongst
others, in order to eliminate socioeconomic
inequality, achieve social inclusion and
citizen participation, strengthen democracy
and reduce asymmetries, all within the
framework of strengthening sovereignity
and independence of member States.
ELECTORAL BOARD
Objective
Build a space for integration, exchange of
experiences, cooperation, research and promotion of
citizen participation, civic education and democracy.
Specific Objectives
• Foster exchange and transfer of knowledge,
experiences and technical assistance within
electoral bodies, authorities and technical
officers.
• Encourage the creation, use and application of
non-dependent
technologies
for
the
improvement of electoral systems, through
transference of technological modernization
and innovation, and good practices regarding
information systems in electoral processes.
• Organize observation and accompanying of
electoral processes, at the request of a
member State.
67
17
Enrollment of new members
Enrollment of new members
First Clause of UNIORE’s Constitutive Act
states that the Union is integrated by the Tikal
Protocol members, the Quito Protocol
members and “by the Electoral Bodies of the
Americas that apply for membership in the
futur and whose acceptance in the Union is
approved”.
Article 20 of the Constitutive Treaty of UNASUR
states that the fifth year after the Treaty has entered
into force and considering the purpose of
strengthening unity in Latin America and the
Caribbean, the Council of Heads of State and
Government could examine applications by
Associate States that have had that status for four
years, to become Member States, following a
recommendation supported by consensus of the
Ministers of Foreign Affairs.
Moreover, Eigth Clause, paragraph c) states
that the Executive Secretariat has the
responsibility to “process, through the
Coordination and Follow up Committee,
applications for membership to be considered
by the Conference”.
In this regard, the objectives and procedure to accept new members to UNASUR are broader
compared to those of UNIORE. UNASUR integrates more countries, mainly from South
America, in the cultural, social, economic and political, unlike UNIORE that seeks integration of
electoral bodies and covers only electoral matters.
14- The electoral function is, by its own nature, an autonomous function, so that it can be
implemented with absolute freedom and equity. Thus, electoral bodies most be equally
autonomous from any governmental authority in order to organize free and democratic
elections.
15.- UNIORE is an organization of electoral bodies and, as such, is based on the assumption
that those bodies are independent and autonomous from any other authority in their country.
When it was founded in 1991, this requirement was not explicit. However, the development of
the electoral funciton in the region has pointed towards the cosolidation of this condition for new
electoral authorites, either through complex processes in their appointment, as in the case of
Chile, or by the explicit legal acknowledgement of such condition.
68
18
Another example is Ecuador, where since 2008 there is a constitutional electoral power that is
autonomous from other governmental powers.
16.- The Electoral Court of the Federal Judiciary of Mexico deems important not to revert this
trend by accepting new members to UNIORE which are subject to lines of management that
respond to the Executive Power of a given country. Resolutions in electoral matters cannot be
reviewed by another superior authority, although electoral authorities organically can be part of
the public administration, as in the case of the National Registrar for Identification and Civil
Status of Peru.
17.- The incorporation of agencies such as the National Electoral Directorate of the Republic of
Argentina to UNASUR is out of the question, since, as sustained by Decree No. 682/2010 and
Laws 26.571 (article 32) and 26.215 (article 35), there is an impact in the distribution of
administrative resources to political parties, and such distribution comes from a decision made
by the Executive Power of the Argentinean State.
B. Take note of working arrangements and cooperation with the following organizations:
a. International IDEA
1. - The instrument of cooperation between UNIORE and International IDEA is a Memorandum
of Understanding (MoU) between a non-governmental and inter-governmental organization, in
accordance with their respective key documents. Nevertheless, there is no legal basis in the
Constitutive Act of UNIORE to provide legal representation of the Union to the Directorate of the
Coordination and Follow-up Committee (sixth clauseee, UNIORE Constitutive Act).
2. - The purpose of the document is the involvement of IDEA with UNIORE in plans, projects,
programs, research, training, information exchange, technical assistance and support to
sustainable democracy by academic and institutional activities" (Article 1, MoU)
69
19
3. – According to Article IV of the proposed MoU, the "Annual Work Plan, projects and programs
that take part of the implementation and execution of the above issues and areas, will be
prepared by the Technical Committee, whose membership and functions are described in
Article IX of this mechanism”. However, Article IX of the MOU deals with dispute resolution and
does not mention at any time the Technical Commission, its integration or functions.
4.- Article VI states that it does not impose "generic financial obligations to any party" and that
those "in which the parties may incur as a result of the annual work plans, projects and specific
cooperation programs of this Memorandum, subject to the decisions made by their respective
officials, accessibility of funds and the respective financial and budgetary regulations. "
5. - The duration of the MOU, under the first paragraph of Article XII, is indefinite. The period
prior to its termination is a notice of three months.
6.- The fourth clause of UNIORE’s Constitutive Act states that the Conference of member
electoral bodies is the Union’s supreme authority and does not provide grounds to its legal
representation through the Pro Tempore Presidency. From this it is clear that the terms under
which agreements are signed by UNIORE and its legality are a prerogative and responsibility of
the Conference.
b. Organization of American States
70
20
1. - The tool for collaboration between UNIORE and the General Secretariat of the Organization
of the American States is a cooperation framework agreement among a governmental entity
and an international public organization, in accordance with their respective key documents.
Conversely, there is no legal basis in the Constitutive Act of UNIORE to endow legal
representation of the Union to the Directorate of the Coordination and Follow-Up Committee
(sixth clauseee, UNIORE Constitutive Act).
2.- The purpose of the document is to provide a framework for cooperation for exchange of
information, advice, attending meetings on issues of common interest, training and cooperative
activities that, through special cooperative relations, can be established (Articles II and III,
Cooperation Framework Agreement).
3. - The Cooperation Framework Agreement sets out the procedure to support and implement
specific programs, projects and / or activities agreed under Article IV.
4. - The agreement does not enact financial obligations on the parties (Article V).
5.- As in the case of the acceptance of any other binding document, in this case there is no
grounding for the legal representation of UNIORE through the Pro Tempore Presidency and it is
highlighted that the Conference shall be the instance that defines the documents content and
legality.’
c. Subscription to Latinobarómetro of the Americas
1. - Latinobarómetro is a regional survey, implemented in 18 countries in Latin America, that,
using sample populations by country, captures public opinion on various issues, including
political participation and confidence in democracy.
71
21
2. - The document referencing UNIORE’s subscription to Latinobarómetro de las Américas
broadly describes its objectives and its methods, but it does not specify the deliverables that
UNIORE would receive, nor the amounts to pay or installments – i.e. whether it is an offer that
each member can accept and benefit from, or a product for UNIORE as a whole.
3. - In section 3 (Proposal by UNIORE members), it states that the proposition incorporates a
particular electoral body "in the core activities of the study," without stipulating the modalities of
incorporation.
C. Presentation of the Action Plan in the framework of the "Report on the conference of
the Working Group of UNIORE (Mexico, 13 and 14 July 2011)".
1.-The background of the Action Plan is as follows:
a. Agreement number thirteen of the X UNIORE Conference, held in 2010 in Merida, Yucatan,
led by the Federal Electoral Institute (IFE) and the Electoral Court of the Federal Judiciary
(TEPJF), stated that the Presidency of the Union would convene a Working Group to prepare an
analysis of new needs and a roadmap to address them. This group was comprised by:
i. Members of the Coordination and Follow-up Committee of UNIORE, the IFE, the
TEPJF, the Central Electoral Board of the Dominican Republic, as well as the Executive
Secretariat.
ii. Electoral Bodies presiding the Tikal Protocol and the Protocol of Quito: the Supreme
Electoral Court of Guatemala, and Ecuador's Supreme Electoral Council.
iii. As outgoing President of UNIORE: the President of the Supreme Electoral Court of El
Salvador.
72
22
iv. Representatives of various regions of the continent: the Federal Election Commission
of the United States, the Electoral Commission of Jamaica, the Electoral Court of
Panama, the National Electoral Council of Venezuela and the Electoral Service of Chile
b. During the conference held in Mexico City on July 13 and 14, the Team identified current
challenges to the electoral authorities, and synthesized UNIORE´s contributions to meet the
electoral agenda during the last 20 years, along with its limitations and challenges. Taking
UNIORE’s vision as starting point, the Group suggested a roadmap to follow.
c. On November 10 and 11, an Extraordinary Meeting was held in Mexico City. In the second
section of the conclusions of such Extraordinary Meeting the following was stated:
i. Draft a Protocol for Electoral Observation in the framework of UNIORE.
ii. Include digital publications of members on UNIORE’s website.
iii. Outline and strengthen the role of the Presidency of UNIORE, as well as redefine the
coordination mechanisms and links with the Executive Secretariat
iv. Insist on the importance of establishing various programs and instances for civic
education and civic-electoral training.
v. Highlight the existing value that the electoral justice has acquired and the value of its
classification.
vi. Integrate a Commission to study alternatives to guarantee sustainable financing for
UNIORE, including a variety of fees and contributions from international organizations, as
well as projects that could apply for funding.
vii. Consider a system of mid and long term planning.
2. - It is important to note that the Action Plan is not covered by the roadmap, nor explicitly
mentioned in the conclusions. However, paragraph VII in the above list opens the possibility to
present the Action Plan as a primary contribution to a planning and programming system.
3. - The Action Plan has the following structure:
73
23
a. Background, which analyzes UNIORE’s cooperation and promotion functions, it’s functional
structure, as well as its organizations and mechanisms which can support its activities.
b. Objectives, which include consolidation of horizontal cooperation between electoral bodies,
the extension of democracy promotion, and consolidation and systematization of best practices.
c. Products, among which are the creation of a corporate image of UNIORE, and activities on
electoral cooperation, promotion of democracy and electoral observation.
4.- With regard these considerations, the documents and inputs that the Working Group has
produced following an agreement reached during the X Conference of UNIORE, are the only
legal reference to implement actions to strengthen electoral observation, technical assistance
and general cooperation in the region.
D. Discussion of UNIORE’s budget.
1.- Currently, UNIORE’s budget is mentioned in the Constitutive Act, section B) of the Eighth
Clause, which states that the Executive Secretary is accountable for running programs and
projects approved by the Conference, to the extent permitted by its technical and financial
resources. However, there is no ruling on financing mechanisms.
2.- The documentation relevant to UNIORE’s Extraordinary Meeting of February 13th, which the
Executive Secretariat distributed by e-mail on Monday February 25th, did not include a specific
document on financial matters of UNIORE.
3. - As described above, the Working Group that met on 13th and 14th of July in Mexico City,
offered a proposal that included consideration of fees, fundraising for contributions from
international organizations, as well as from national organizations and electoral authorities.
74
24
4. - The Commission that was proposed at the Extraordinary Meeting of November 2011, has
not developed any activity
5. - In the absence of a specific reference on the matter in the current documentation provided
towards the next meeting of UNIORE, the inputs generated by the Working Group that met
during 13 and 14 July in Mexico City are the only reference on the topic. Although a discussion
on specific financing mechanisms can be anticipated and the need to asses the legal
attributions of TEPJF to make financial, material and/or human contributions to UNIORE’s work,
currently there is not, indeed, any document that analyzes budgetary issues.
E. Knowledge of the Protocol proposal of the Electoral Accompaniment of UNIORE for
electoral missions.
1. - The documents sent electronically by the Executive Secretariat on February 25, 2013, did
not include the abovementioned Protocol of UNIORE’s Electoral Accompaniment, but a
PROYECT OF PROTOCOL FOR OBSERVATION MISSIONS OF THE INTER-AMERICAN
UNION OF ELECTORAL BODIES (UNIORE).
2. - The background on activities related to the participation of UNIORE in electoral processes
of member electoral bodies, is the effort of the Working Group which met on July 2011 and its
proposal: Protocol for Electoral Observation of UNIORE.
3. - There are no official comments or modifications to the original proposal of the Working
Group and, even though the latter is referenced in the new proposal titled “PROTOCOL
PROJECT FOR ELECTORAL OBSERVATION MISSIONS OF THE INTER-AMERICAN UNION
OF ELECTORAL BODIES (UNIORE)”, there is no clear link between both proposals, nor the
acknowledgment of the legality of the products developed by the Working Group.
75
25
F. Suggested Amendment to Articles of Incorporation of the American Union of Electoral
Organizations.
1. - The suggested Amendment to the Constitution of UNIORE was released on February 13,
2013, at the Extraordinary Meeting in Quito, Ecuador.
Chart III.
Current text
Proposed text
Fourth Clause
Fourth Clause
The Conference may also meet in extraordinary
session when so requested by at least five
member Organizations, in writing to the
Executive Secretariat which, in consultation
with the Committee mentioned in Clause Six,
shall inform the members as far ahead of time as
possible, of the site, date and agenda of the
extraordinary Conference. The Conference shall
be chaired by the Host Organization.
The Conference may also meet in
extraordinary session when so requested by at
least five member Bodies, in writing to the
Presidency of the Coordination and Follow
up Committee (COSEC [acronym in
Spanish]), shall inform the members as far
ahead of time as possible, of the site, date and
agenda of the extraordinary Conference. The
Conference shall be chaired by the Host
Organization.
76
26
Sixth Clause
Sixth Clause
The Conference shall appoint, for a two-year
term, a Coordination and Follow-up Committee
composed of one representative of the Electoral
Organization which hosted the previous
Conference, one representative of Electoral
Organization which is to host the next
conference, and the Executive Secretariat.
The Conference shall appoint, for a two-year
term, a Coordination and Follow-up Committee
(COSEC [acronym in Spanish]) composed of
one representative of the Electoral
Organization which hosted the previous
Conference, one representative of Electoral
Organization which is to host the next
conference.
During the first year the Coordination and
Follow-up Committee shall be chaired by the
representative of the Electoral Organization
which hosted the previous Conference and,
during the second year, by the representative of
the Electoral Organization hosting the next
Conference. This Committee is the top-level
coordination and follow-up body between one
Conference and the next
During the first year the Presidency of the
Coordination and Follow-up Committee
shall be chaired by the representative of the
Electoral Organization which hosted the
previous Conference and, during the second
year, by the representative of the Electoral
Organization hosting the next Conference.
This Committee is the top-level coordination
and follow-up body between one Conference
and the next.
The Presidency of the Coordination and
Follow-up Committee (COSEC) will hold the
representation of the Union, within the
responsibilities described in this Act, as
well as when fulfilling tasks commended
during
Ordinary
and
Extraordinary
Meetings.
Seventh Clause
Seventh Clause
The Coordination and Follow-up Committee shall
be responsible for performing the following tasks:
A)
Preparing the Agenda of each
Conference.
B)
Presenting a Report of its activities to
each Conference.
C)
Contributing to the promotion of the
Union's activities.
CH)
Consulting members of the Union on
any special matters which may arise during the
period between Conferences, with powers to
convene a Special Conference pursuant to the
provisions of Clause Four.
The Coordination and Follow-up Committee
shall be responsible for performing the
following tasks:
A)
Preparing the Agenda of each
Conference.
B)
Presenting a Report of its activities to
each Conference.
C)
Contributing to the promotion of the
Union's activities.
CH)
Consulting members of the Union on
any special matters which may arise during the
period between Conferences, with powers to
convene a Special Conference pursuant to the
provisions of Clause Four.
77
27
D) Draft, in agreement with the
Coordination and Follow-up Committee, the
agenda and methodology for each
Conference, all of which it will be informed
to members as far ahead of time as
possible.
E) Process, through the Coordination and
Follow-up Committee, applications for
membership from new members, to be
considered by the Conference.
F) Encourage cooperation between
members and support all activities related
to the Union’s objectives.
G) The Coordination and Follow-up
Committee will be able to run consultations
and process requirements, regarding
specific
issues
related
to
its
responsibilities, to the Inter-American
Center
on Electoral Promotion and
Assistance (CAPEL [acronym in Spanish])
will have the status of consultative body
and associate advisor to the Union.
78
28
Eighth Clause
Eighth Clause
The Union's technical-administrative organ is
the Executive Secretariat, the duties of which
shall be performed by the Center for Electoral
Promotion and Assistance (CAPEL), unless
otherwise agreed.
The Coordination and Follow-up Committee
will be able to run consultations and
process requirements, regarding specific
issues related to its responsibilities, to the
Inter-American Center
for Electoral
Promotion and Assistance (CAPEL
It shall be responsible for performing the [acronym in Spanish]) will have the status
following tasks:
of consultative body and associate advisor
to the Union
A)
Preparing, in collaboration with the
Coordination and Follow-up Committee, the The Union's technical-administrative organ
agenda and methodology to be followed at each is the Executive Secretariat. An electoral
Conference,
informing
the
member body will be chosen to perform this duty for
Organizations thereof as far ahead of time as a period of two years, also during the
possible.
Ordinary Conference.
B) Executing, as far as is practicable in
accordance with its technical and financial It shall be responsible for performing the
resources, the programs and projects approved following tasks:
and assigned to it by the Conference.
C)
Processing, through the Coordination A) Assist the Presidency of COSEC to
and Follow-up Committee, applications for execute the programs and projects
membership to be submitted to the Conference approved in Ordinary and Extraordinary
for its consideration.
Conferences.
CH)
Fostering cooperation between member
Organizations and any activities relating to the B) Direct the execution of programs and
Union's objectives.
projects approved in Ordinary and
D)
Any others which the Conference may Extraordinary Conferences.
decide to assign to it, as far as practicable within
the limit of its technical and financial resources. C) Any others which the Conference may
decide to assign to it, as far as practicable
within the limit of its technical and financial
resources.
Ninth Clause
Ninth Clause
The Electoral Organizations belonging to the
Union shall periodically forward to the Executive
Secretariat information concerning the conduct
of its electoral processes and copies of its laws,
regulations, directives, works on doctrine,
jurisprudence, electoral reports and, in general,
any material which they regard as useful to the
objectives of the Union, as well as any
suggestions they deem appropriate. As far as is
practicable, they shall forward this same material
to the Union's individual member organizations.
The Electoral Organizations belonging to the
Union shall periodically forward to the COSEC
information concerning the conduct of its
electoral processes and copies of its laws,
regulations, directives, works on doctrine,
jurisprudence, electoral reports and, in general,
any material which they regard as useful to the
objectives of the Union, as well as any
suggestions they deem appropriate. As far as
is practicable, they shall forward this same
material to the Union's individual member
79
29
All of the above shall provide the basis for a data
base to be kept up to date by the Executive
Secretariat, which in turn received, updating it on
an annual basis.
organizations.All of the above shall provide the
basis for a data base to be kept up to date by
the Executive Secretariat, which in turn
received, updating it on an annual basis.
This chart illustratres the transformation of CAPEL, institution that would no longer be the
Executive Secretariat, function for which it has accumulated ample experience through more
than two decades, giving continuity to UNIORE’s work. The reform suggests that activities
currently undertaken by the Executive Secretariat are developed by member electoral bodies
themselves, without consideration to the extraordinary workload and potential investment that
would have to be made for those purposes. Moreover, it must be highlighted that the
strengthening of the Presidnecy of the Coordination and Follow-up Committee, in charge of the
Pro Tempore Presidency of UNIORE, goes against of that stated in the fourth clause of the
Constitutive Act of the Union, in which the superior authority is deposited in the Conference.
2.- According to the fifth clause of the Constitutive Act, first paragraph, resolutions and
agreements by the Extraordinary Meeting– the superior decision making instance within the
Union, as stated in clause fourth of the same document – will be taken by consensus.
3. - Second paragraph of fifth clause also states that each Electoral Body will have one vote,
independently of the number of their representatives.
4. - The Constitutive Act does not reconcile nor bring together the voting mechanism with
consensus in any other clause.
5. - Some international law references on consensus as decision making mechanism include
the following:
a.. Within the context of the World Trade Organization, the Dispute Settlement Understanding,
Article 2.4, provides that “where the rules and procedures of this Understanding provide for the
80
30
DSB to take a decision, it shall do so by consensus”. In an explanatory note, in the same
document it explains that “the DSB shall be deemed to have decided by consensus on a matter
submitted for its consideration, if no Member, present at the meeting of the DSB when the
decision is taken, formally objects to the proposed decision”.
b. The definition of consensus as 'the absence of any formal objection' is also found in the 1982
United Nations Convention on the Law of the Sea, Article 161, paragraph 8, section e, where
the mechanism for registering formal objections is described under the following procedure:
“For the purposes of subparagraphs (d), (f) and (g), "consensus" means the absence of any
formal objection. Within 14 days of the submission of a proposal to the Council, the President of
the Council shall determine whether there would be a formal objection to the adoption of the
proposal. If the President determines that there would be such an objection, the President shall
establish and convene, within three days following such determination, a conciliation committee
consisting of not more than nine members of the Council, with the President as chairman, for
the purpose of reconciling the differences and producing a proposal which can be adopted by
consensus. The committee shall work expeditiously and report to the Council within 14 days
following its establishment. If the committee is unable to recommend a proposal which can be
adopted by consensus, it shall set out in its report the grounds on which the proposal is being
opposed. ”
c. In the case of regional organizations with electoral activities, the Organization for Security
and Cooperation in Europe (OSCE), states in its Rules of Procedure (MC.DOC/1/06), Section II
of the process of decision-making bodies and informal, on general Provisions Section A,
paragraph 2, that "choices of the OSCE decision-making bodies shall be adopted by
agreement. Consensus should be understood as the absence of any objection expressed by a
country participating in the implementation of the decision in question. "
81
31
6. - The charter of the Tikal Protocol, which congregates Electoral Bodies of Central America
and the Caribbean, that are part of UNIORE, do not make any reference to its decision-making
mechanism.
7. - The charter of Quito Protocol, which groups Electoral Bodies of South America, who are
part of UNIORE, suggest in Article 5 that "the resolutions and decisions of the Conference shall
be taken by consensus”.
8.- For previous reasons, and in keeping with the collegiate decision-making of UNIORE, stated
in its Charter and in the quoted Protocols, consensus is interpreted as the absence of formal
objections in its superior decision-making body. i.e. the Conference of Member Electoral Bodies.
9. – The underlying assumptions of the reforms and suggested amendments are aimed at a
new organizational system for the Executive Secretariat, in which CAPEL would conclude to
fulfill its current responsibilities in becoming an advisory and consultant body, without stipulating
precise coordination mechanisms with the Conference.
10. - Likewise, it seeks to change the nature of the Coordination and Follow-Up Committee, as
well as to provide greater powers to the Directors of the Committee, exercised by the pro
témpore presidency.
11. - It is crucial that the Executive Secretariat responsibilities remain in a stable body, not
subject to the will of the pro témpore presidency and that the Executive Secretary remains
responsible to the Conference.
82
32
INSTITUTIONAL POSITION
I. On the agreements taken during the Extraordinary Meeting
A. Presentation of the Working Group for the foundation of the World Association of
Electoral Organizations (A-WEB)
The Electoral Court of the Federal Judiciary takes note of the initiative for the establishment of
the World Association of Electoral Organizations (A-WEB).
Furthermore, the Electoral Court considers it positive to observe this process in order to
understand its method, and to assess the opportunity of accompanying it.
B. Reform Proposal of the Constitutive Act, suggested by the Electoral Qualifying Court
of Chile, to limit the number of electoral bodies represented in the Union, to three by
country.
1. – In line with the fourth clause of UNIORE’s Constitutive Act, which states that decisions and
resolutions by the Conference shall be taken by consensus and that each electoral body will
have one vote in the Union, regardless the number of representatives attending the meeting,
corresponding which vote to whom presides the corresponding Delegation:
• The Electoral Court of the Federal Judiciary of Mexico, endorses the proposal of the
Electoral Court of Chile to limit to three the number of member electoral bodies by
country, following the principle of equal representation contained in Clause Four and
83
33
aiming to balance plurality and specialization that UNIORE has been pushing since its
foundation.
II. Pending issues on the agenda from the Extraordinary Meeting
A. Information and knowledge of new entry requests to UNIORE: application of the
National Electoral Directorate of Argentina
1. – This jurisdictional body, the TEPJF, representative of Mexico, determines to respect the
position of a member electoral body that objects an application for membership origined in its
own country, such as the position of the National Electoral Chamber of Argentina towards the
application for membership by the National Electoral Directorate of Argentina.
2. - The Electoral Court of the Federal Judiciary, in line with the independence, autonomy and
specialization of electoral bodies that has made important progress during the last two decades
in the region and abiding to the requirement of consensus in the decision making process at
UNIORE, opposes to the incorporation to UNIORE of the National Electoral Directorate of
Argentina.
B. Take note of working arrangements and cooperation with the following organizations:
1.- The Electoral Court of the Federal Judiciary requests to the Exexutive Secretariat to highlight
the consultative nature of the Memorandums, Agreements and other documents presented to
the Conference, being the latter the sole authority legally entitled to authorize contents of legally
binding documents and other commitments adopted by UNIORE towards other entities.
2.- The Executive Secretariat is also requested to present relevant documentation or
explanatory notes deemed necessary to explain the operation methodologies and benefits
84
34
entailed to the adoption of the Cooperation Framework Agreement with the Organization of
American States (OAS) and the Memorandum of Understanding with International IDEA, as well
as to the subscription to the Latinobarometer of the Americas.
3.- It should be noted that this topic shall be discussed within the agenda for the next meeting
and, in order to do so, the Executive Secretariat must take into account that the agenda should
be circulated as early as possible, according to the Constitutive Act of UNIORE (Sixth Clause).
C. Presentation of the Action Plan in the framework of the "Report on the conference of
the Working Group of UNIORE (Mexico, 13 and 14 July 2011)".
1.- The Electoral Court of the Federal Judiciary takes note of the Plan of Action circulated by the
Executive Secretariat, for the information of electoral bodies that comprise UNIORE and
requests that all documents and inputs produced by the Working Group established by
agreement of the X Conference of the Union are incorporated, acknowledging their legality.
D. Discussion of UNIORE’s budget
1. - The Electoral Court of the Federal Judiciary explains that to the extent that there is no
documentation to support this issue, the topic cannot be discussed, following what is stated in
the Constitutive Act (Fourth Clause).
E. Knowledge of the Protocol proposal of the Electoral Accompaniment of UNIORE for
electoral missions.
1.- The Electoral Court of the Federal Judiciary takes note of a document circulated by the
Executive Secretariat with regard a new proposal on protocol for electoral observation, for the
information of electoral bodie that comprise UNIORE and requests the acknowledgment of the
legality of documents and inputs produced by the Working Group established by agreement of
the X Conference of the Union.
85
35
F. Suggested Amendment to Articles of Incorporation of the American Union of Electoral
Organizations.
1.- The Electoral Court of the Federal Judiciary declares itself in favor of unrestricted respect to
consensus as the decision making mechanism within UNIORE, as follows from the Fifth Clause
of its Constitutive Act.
2.- The Electoral Court of the Federal Judiciary declares itself in favor of continuity and seize
upon accumulated experience and specialization of CAPEL, in its capacity as Executive
Secretariat, acknowledging the need to strengthen participation from all electoral bodies that
take part of UNIORE.
3.- The Electoral Court of the Federal Judiciary declares itself in favor of building a broad
consensus between electoral bodies that are members of UNIORE, exploring reforms that aim
to enhance the structure, functioning and working methodology with CAPEL, in its capacity as
Executive Secretariat of UNIORE, in order to guarantee stability and continuity of its
responsibilities, all of which shall contribute to strengthening members of UNIORE.
86
36
3. GENERAL OBSERVATIONS TO
DOCUMENTS FILED IN THE EXTRAORDINARY
MEETIN OF UNIORE IN ECUADOR, FEBRUARY
2013
3. H. NATIONAL ELECTIONS CHAMBER OF
ARGENTINA
Received by the Executive Secretariat
04/05/13
87
Judicial Branch of the Nation
Buenos Aires. April 4, 2013.-
To the Presidency of the
Inter-American Union of
Electoral Organisms
(UNIORE)
S
/
D:
I am pleased to address Mr. President of the Central
Electoral Board of the Dominican Republic, Dr. Roberto Rosario
Marquez, as well as Mr. President of the Superior Electoral Tribunal
of the Dominican Republic, Dr. Mariano A. Rodriguez Rijo. In my
capacity as President of the National Elections Chamber of the
Republic of Argentina, I address you in regards to the presentations
of Electoral Organisms that were sent by the UNIORE’s Executive
Secretariat, in order to express you the opinion of this Chamber’s
members.In that regard and concerning this country’s National
Electoral Directorate’s request for membership in the UNIORE, as the
judges of this Tribunal –highest authority on these matters in the
Republic of Argentina (cf. art. 5 of Law 19.108 and its
modifications)- we ratify the position expressed in the January 9,
2013’s letter and in the document that was presented in the
Extraordinary Meeting in Quito, Ecuador, along with the reasoning it
contains.
On the other hand, regarding the work and cooperation
agreements with IDEA International, and the Organization of American
States with the subscription to the Latinobarometer of the Americas we
make the same request that was expressed by the Elections Tribunal of
the Judicial Branch of the Federation of Mexico (cf. point B of the
Report, Official Letter N TEPJF-P-JALR/033/2013) and by the Federal
Electoral Institute of the same country (point II, note of the
Presidency of the General Council PC/51/13): to know the work
methodologies and the benefits that the Union would expect by adopting
88
such cooperation instruments. Likewise, in relation to the
subscription to the Latinobarometer of the Americas, we also think
that entry of States that have a Registry of Surveys according to the
laws must be taken into account.In turn, as for the Action Plan within the framework of the
report on the UNIORE ‘s Work Group session, we agree with what point
III.2 of the document that the Federal Electoral Institute of Mexico
states, as well as with point C of the Electoral Tribunal of the
Judicial Branch of the Federation’s report.Along these lines, regarding UNIORE’s budget affairs, we
agree with the Electoral Tribunal of the Judicial Branch of the
Federation of Mexico’s consideration: that these matters are not to be
discussed in virtue of the absence of its respective documentation.
Thus we agree with the Electoral Federal Institute’s opinion that
discussion about the subject must be based on the objectives laid out
by the work group of Mexico (point IV, cit. note.).In relation to the protocol of electoral accompaniment we
adhere to what point V of the document of the Federal Electoral
Institute of Mexico and the Electoral Tribunal’s Report state.Finally, as for the UNIORE’s Charter Reform, we share both
Mexico’s Federal Electoral Institute’s opinion and this country’s
Electoral Tribunal of the Judicial Branch’s considerations on this
matter.Without further ado, I greet Mister Presidents with utmost
regard.-
89
4. KNOWLEDGE ABOUT NEW REQUESTS TO
ENTER UNIORE
4. I. NATIONAL ELECTORAL DIRECTORATE OF
ARGENTINA
90
4. KNOWLEDGE ABOUT NEW REQUESTS FOR MEMBERSHIP INTO THE UNIORE
4. H. NATIONAL ELECTORAL DIRECTORATE OF ARGENTINA
Dr. Alejandro Tullio
I greet Mr. President of the Central Electoral Board of the Dominican Republic, D.
Roberto Rosario Marquez, and through him I greet the election bodies’ authorities who are members of
the INTER-AMERICAN UNION OF ELECTORAL ORGANISMS – UNIORE.
First and foremost, I want to highlight the worth that the organism I am in charge of
sees in the boost that Mr. President has given the Union, continuing the efforts made by the
Presidencies of Mexico and El Salvador, broadening institutional horizons and giving greater attention to
election bodies in the Americas.
In this sense, taking into account the institutional changes in the National Electoral
Directorate’s within an Electoral Legislation framework, and understanding that the chance for this
exceptional forum to consider membership of this entity may have arrived, I express my hope that it can
become concrete in the following date.
In this regards, I must inform that the National Electoral Directorate, besides being a
body that cooperates with the National Electoral Justice on logistic, financial and electoral organization
matters, own and exclusive competences have been conferred to it regarding political party and
electoral campaign funding, and administration of the new system of electoral campaign spaces.
Committed to add to your efforts towards strengthening the quality of political and
electoral processes in our own countries, I extend my greetings and utmost consideration,
Dr. Alejandro Tullio
National Electoral Director
Buenos Aires. December 26, 2012.
91
5. KNOWLEDGE ABOUT WORK AND
COOPERATION AGREEMENTS
5. J. FRAMEWORK COOPERATION
AGREEMENT BETWEEN OAS-UNIORE
92
FRAMEWORK COOPERATION AGREEMENT BETWEEN THE SECRETARY
GENERAL OF THE ORGANIZATION OF AMERICAN STATES AND THE
INTER-AMERICAN UNION OF ELECTORAL ORGANISMS
The Secretary General of the Organization of American States (from this point on, the
SG/OAS), an international organization of a public character, with headquarters in 1889 F Street,
N.W., Washington, D.C. 20006, represented by the el Secretary-General, Mr. José Miguel Insulza,
and the Inter-American Union of Electoral Organisms (UNIORE), a non-governmental entity with
headquarters in :::::::::::, representing the President Pro Tempore of the electoral organisms of the
Dominican Republic for the 2012-2014 period, by Doctors Roberto Rosario Márquez, President of
the Central Electoral Board, and Mariano Américo Rodríguez, President of the Superior Electoral
Tribunal
CONSIDERING:
That in accordance with Article 2(b) of the Charter of the Organization of American States
(OAS), one of the essential intentions of the OAS is “To promote and consolidate representative
democracy while respecting the principle of non-intervention”;
That in accordance with Article 3(d) of the Charter of the OAS “The solidarity of the
American States and the high goals that are pursued through it require their political
organization to be based on the effective exercise of representative democracy ”;
That in accordance with the Plan of Action of Québec and as a result of the Third Summit
of the Americas (Québec, Canada, April 2001), the Heads of State and of Government decided that
they would: “Continue to strengthen the electoral mechanisms, using information and communication
technologies, whenever possible, in order to effectively guarantee the impartiality, promptness and
Independence of the institutions, tribunals and other entities that are responsible for organizing,
supervising and verifying elections, both at the national and local level; and to strengthen and facilitate
-with the support of the Organization of the American States (OAS) and other regional and
international organisms- hemispheric cooperation and exchange of experiences in relation to
legislation and technology in these areas, as well as the sending of electoral observers whenever this
is requested”;
That in accordance with Article 26 of the Inter-American Democratic Charter “the OAS will
continue to develop programs and activities for promoting democratic principles and practices. It
will also continue to strengthen the democratic culture in the Hemisphere, taking into consideration
that democracy is a system of life based on freedom and on peoples’ economic, social and cultural
improvement. The OAS will continue holding consultancies and providing continuous cooperation
to the Member States, taking into account contributions of civil society organizations that work in
these fields”;
That in virtue of Article 27 of the Inter-American Democratic Charter “The programs and
activities will focus on promoting governability, good management practices, democratic values and
the strengthening of political Institutionality and of civil society organizations. Special attention will be
given to childhood and youth as a way of assuring the permanence of democratic values, including
freedom and social justice”;
That the Resolution GA/RES. 2337 (XXXVII-O/07), approved by the OAS General Assembly
in the fourth plenary session (which took place on June 5, 2007), highlights the OAS’ decisive
contribution through three electoral observation missions, advisory and assistance. It also highlights
that elections were held, as well as the strengthening and development of institutions and of
Member States’ electoral processes. It also puts the Secretary General (through its sub-Secretary of
Political Affairs) in charge of stimulating, to a greater degree, the creation of horizontal cooperation
mechanisms for the organization of electoral processes, including the incorporation of new
Draft Proposal for Agreement with the OAS
93
technologies, in order to assist the Member States that request so;
That the Inter-American Union of Electoral Organisms (UNIORE) was created with attention
to the aspirations that were manifested in the Agreements that were signed during the V and VI
conferences of the Protocol of Tikal, in the Articles of Incorporation of the Protocol of Quito and in
the “Declaration of Caracas”, which resulted from the II Conference of this Association, in order to
integrate both Associations of Electoral Organisms in one structure of inter-American character and
which took place in Caracas, Venezuela, during a Joint Reunion whose objective was to create an
Inter-American Union of Electoral Organisms that would serve as a higher space of encounter;
That the following fall within the UNIORE’s objectives:
To increase cooperation between the Associations that make up the Union, as well as
between the Electoral Organisms that form part of the Union.
*
To promote the Exchange of information related to electoral regimes.
*
To stimulate the participation of the representatives of the member Electoral Organisms
as observers during the electoral processes.
*
To create general recommendations for the Union’s member Organisms
*
To promote secure, efficient and democratic electoral systems that guarantee free,
universal and secret voting.
*
To provide support and assistance (to the extent allowed by available resources) to the
Electoral Organisms that request so.
*
That the Superior Organ UNIORE is the Inter-American Conference of Electoral Organisms. This
organ is composed by the representatives of each one of these electoral organisms.
That the SG/OAS is the central and permanent organ of the Organization of American States
(OAS) and that it has the faculty to establish and promote cooperation relations in accordance with the
Article 112 (h) of the Charter of the OAS and to its General Assembly’s Resolution GA/RES. 57 (IO/71),
HAVE AGREED TO, in signing this Agreement, that:
ARTICLE I
OBJECT
1.1.
The object of this Agreement is to create a framework for cooperation between “The Parties”.
ARTICLE II
ADVISORY, EXCHANGE OF INFORMATION AND ATTENDANCE TO MEETINGS
2.1.
The SG-OAS and UNIORE commit to the following:
a . To disseminate information about the objectives and activities that will be carried out by its
members and other institutions with which it has relations in a joint manner;
b.
To exchange publications and documentation of affairs related to the joint programs,
projects and activities, as well as other information about programs of mutual interest;
c.
To propose programs, projects or activities on specific themes related to electoral
observation, quality of the elections and electoral participation to be carried out;
Draft Proposal for Agreement with the OAS
94
d.
To send invitations for participating in meetings organized by the parties involved in
electoral affairs and for other events of common interest; and
e. To provide mutual cooperation for themes related to training OAS and UNIORE member
States (in areas considered in this Agreement), in accordance with mandates that have been
established in both institutions and to the extent allowed by the available financial resources.
ARTICLE III
SPECIAL RELATIONS FOR COOPERATION
3.1.
The parties will consider developing special relations of cooperation in areas of
mutual interest through supplementary agreements, memorandums of understanding or by
exchanging charters, among which the following will be taken into account:
a.
The development and implementation of cooperation projects and/or joint research;
b.
The exchange of bibliographic material and access to data bases and to general
information, to the extent allowed by the available financial resources and by their
restrictions of confidentiality;
c.
Exchange of documents and specific information related to the parties’ work
programs that are of interest to both parties, to the extent allowed by the available
financial resources and by their restrictions of confidentiality;
d.
The exchange of professional staff for strengthening research and study programs,
within the realm of institutional possibilities; and
e.
Joint meetings in order to deal with affairs of common interest.
3.2.
The supplementary agreements, memorandums of understanding and the charters
will be ruled by that which has been stipulated in this Agreement, unless the parties expressly modify it
through these instruments.
ARTICLE IV
IDENTIFICATION AND IMPLEMENTATION OF JOINT PROGRAMS, PROJECTS AND/OR
ACTIVITIES
4.1.
Once a year, on a date to be determined, each party will present a written document
that contains the work program for the current calendar year.
4.2.
Such mentioned work programs will include proposals for the joint execution of
programs, projects and/or activities of common interest.
4.3.
Once the parties have reached a decision regarding what the programs, projects
and/or activities to be executed will be, and once they have obtained authorization and respective
funding, the parties will hold an exchange of charters containing the terms and conditions that apply to
such programs and/or activities. Each exchange of charters will have to be signed by the duly
authorized party representatives and must specify, in a detailed manner, the following aspects, among
others:
Draft Proposal for Agreement with the OAS
95
a.
Denomination of the agreed program, project and/or activity;
b.
Definition of pursued objectives;
c.
Branches of each one of the parties that will be in charge of carrying out the
program, project or activity;
d.
Description of the work plan: phases, planning and chronology for its
development;
e.
The budget for the program, project and/or activity, as well as the required
human and material resources, specifying the financial responsibilities and
contributions of each party (indicating their nature and amount), the calendar for the
contributions and, in their case, the property of the acquired material resources;
f.
Arrangements related to coordination, notifications and follow-up of the program,
project and/or activity; and
g. A document that gives formal recognition to this Agreement as the programmatic
and juridical framework for the program, project and/or activity.
ARTICLE V
FINANCIAL DISPOSITION
5.1.
Without any prejudice to what the parties state in the supplementary agreements,
memorandums of understanding and/or in the exchange of charters subscribed to in virtue of this
Agreement and for the joint implementation of programs, projects and/or activities, this Agreement,
on its own, does not imply any obligations of financial nature to “The Parties”.
ARTICLE VI
COORDINATION AND NOTIFICATIONS
6.1.
According to this Agreement, the branch within the SG/OAS that is responsible for
coordinating the SG/OAS activities is the Department for Electoral Cooperation and Observation
(DECO) and its Coordinator, Dr. Betilde Muñoz- Pogossian, Temporary Director. The
notifications and communications must be addressed to this Coordinator to the following address,
fax and electronic mail:
Secretary General of the OAS
Dr. Betilde Muñoz-Pogossian
1889 F Street, N.W.
Washington, D.C. 20006
United States of America
Tel.: (1-202) 458-3946
Fax: (1-202) 458-6299
Electronic mail: [email protected]
6.2.
The branch within the UNIORE that is in charge of this is the Office of the Presidency
and its President, Dr. Roberto Rosario Márquez. The notifications and communications must be sent
to this Presidency to the following address, telephone number, fax and electronic mail:
Inter-American Union of Electoral Organisms
Dr. Roberto Rosario Márquez
Draft Proposal for Agreement with the OAS
96
COMPLETAR Dirección
Tel.: ::::::::
Fax: ::::::::
Correo electrónico: ::::::::
6.3.
All communications and notifications that derive from this Agreement will only be
valid when are sent via mail, fax or electronic mail, and must be sent directly to the Coordinators to
the addresses that have been previously stated in this article. In the case of communications and
notifications sent via electronic mail, these will only be valid when sent directly from one of the
party’s Coordinator’s electronic address to the other party’s Coordinator’s electronic address.
6.4.
Any of the parties will be able to change the branch in charge, as well as the
appointed Coordinator, the address, telephone number, and fax or indicated electronic mail, and must
notify the other “Party” in written form.
ARTICLE VII
PRIVILEDGES AND IMMUNITIES
7.1.
None of this Agreement’s dispositions constitute an express or tacit renunciation of the
privileges and immunities enjoyed by the OAS, its organs, staff, assets and income, as established in
the Articles 133, 134 and 136 of the Charter of the OAS, and in the agreements and laws on this
matter, as well as in the principles and practices that inspire international law.
ARTICLE VIII
CONFLICT RESOLUTION
8.1.
Any conflict regarding the application or interpretation of this Agreement or of the
supplementary agreements, memorandums of understanding or of the exchange of charters must be
resolved through direct negotiation between “The Parties”. If unable to reach a solution that satisfies
both parties, these will bring up their differences to an arbitration procedure in accordance to the
currently in force Arbitration Regulations of the United Nations Commission for International Trade
Law (UNCITRAL) or of the Inter-American Commission of Commercial Arbitration (CIAC). The
location for the arbitration will be the city of W ashington, D.C. The arbitration process will be carried
out in English and in Spanish, simultaneously. The three arbitrators, or the only arbitrator, if the case
is so, will be able to solve the controversy as an amiable compositeur or as an ex aequo et bono.
The arbitrator’s decision will be final, unappealable and mandatory.
8.2.
This document does not constitute an express or tacit renunciation of the privileges and
immunities that are mentioned in this Agreement’s Article VII.
ARTICLE IX
INVOLVED OFFICIALS, EXPERTS AND PERSONNEL
9.1.
The personnel that each one of “The Parties” has appointed to be in charge of
carrying out the activities or tasks included in or derived from the instrument they subscribe to will
work under the direction and dependency of the institution to which they belong. Work-related
relations with another institution will not be created under any circumstance.
Draft Proposal for Agreement with the OAS
97
ARTICLE X
GENERAL PROVISIONS
10.1.
“The Parties” commit to adhere to the highest ethical standards and to those related to
administrative transparency for all actions and activities related to this Agreement. Likewise, the SG/OAS
(to the extent of its applicability and without any prejudice to its privileges and immunities, as mentioned in
Article VII) commits to abide to what has been stated in the Inter-American Convention Against Corruption
and to the applicable laws of the country in which the programs, projects and/or activities are carried out.
Any breach of or failure to comply with this statement will be sufficient cause for an advanced
termination of this Agreement, this being an application of what has been stated in A rticle 10.4.
10.2
Modifications to this Agreement can only be done if they are in written and under
mutual agreement by the duly authorized representatives of the parties. The modifications will be
added as annexes to this Agreement and will become a part of it.
10.3. This Agreement will come into force once “The Parties’” duly authorized
representatives sign it, remaining effective in accordance to what has been stated in this document.
10.4 This Agreement may be terminated by mutual consent or it may be terminated by any
of “The Parties” through a written notification sent to the other one with no less than thirty days in
advance.
Nevertheless, the termination of this Agreement will not affect the supplementary
agreements, memorandums of understanding and exchange of charters that “The Parties”
may have signed for the implementation of programs, projects and/or activities that are being
respectively funded. These will continue being effective in accordance with the period stated,
unless “The Parties” decide otherwise.
10.5. Articles VII and VIII will continue being effective beyond the expiration or termination of
this Agreement.
IN WITNESS WHEREOF, the duly authorized representatives of the parties sign this
Agreement en two original, equally valid papers, in :::::::, the :::: of :::: 2013.
BY THE SECRETARY GENERAL OF THE
ORGANIZATION OF AMERICAN
STATES:
BY THE INTER-AMERICAN UNION OF
ELECTORAL ORGANISMS:
_
José Miguel Insulza
Secretary-General
Draft Proposal for Agreement with the OAS
98
5. KNOWLEDGE ABOUT WORK AND
COOPERATION AGREEMENTS
5. K. MEMORANDUM OF UNDERSTANDING
BETWEEN IDEA-UNIORE
99
MEMORANDUM OF UNDERSTANDING BETWEEN THE INTERNATIONAL
INSTITUTE FOR DEMOCRACY AND ELECTORAL ASSISTANCE (IDEA
International)
AND THE INTER-AMERICAN UNION OF ELECTORAL ORGANISMS
(UNIORE)
THE PARTIES in this Memorandum of Understanding (MoU), the International
Institute for Democracy and Electoral Assistance (IDEA International) (from this
point on, “IDEA International”), which is an inter-governmental organization with
headquarters in Stromsburg, S- 103 34, Stockholm, Sweden, and the InterAmerican Union of Electoral Organisms (from this point on, “THE UNIORE”), a
non-governmental entity whose decisions take the form of recommendations and
of guidance for the organisms that compose it. Its Presidency is currently
composed up by the electoral organisms of the Dominican Republic (from this
point on, “The Parties”).
DECLARATIONS
CONSIDERING that “IDEA International” is an inter-governmental organization
that supports sustainable democracy throughout the world by improving and
consolidating the electoral processes, as well as by providing comparative
knowledge and a forum for discussion and action on behalf of individuals and
organizations that are committed to the development of democracy and to
providing assistance for reform processes.
CONSIDERING that “THE UNIORE” is a non-governmental entity whose
objectives are: to increase cooperation between associations of the electoral
organisms that compose it and between the organisms themselves; to promote the
exchange of information related to electoral regimes; to stimulate training
processes for the representatives of the member organisms regarding observation
of electoral processes; to create general recommendations for the Union’s member
organisms; to promote secure, efficient and democratic electoral systems that
guarantee free, universal and secret voting processes; to provide support and
assistance, to the extent that available resources allow for, to the organisms that
request it.
AFFIRMING the importance of coordinating efforts on behalf of both Parties in
order to accomplish their common objectives, the desire for attaining mutual
benefits and of developing their dialogue and cooperation in areas of common
interest:
They have agreed on the following:
1
100
ARTICLE I
OBJECT
The object of the present Memorandum is to establish the bases and mechanisms
for cooperation, so that “IDEA” can participate with “THE UNIORE” in plans,
projects and programs for research, training, exchange of information, technical
assistance and support of sustainable democracies through academic and
institutional activities, with their respective competencies and organic objectives.
ARTICLE II
SCOPE
In order to implement this Memorandum’s objective, “IDEA International” and
“THE UNIORE” will create annual plans, projects and specific work programs that
will include:
a) Research.
b) Training.
c) Advisory and technical assistance.
d) Celebration of cycles of conferences, colloquiums, seminaries, symposiums,
workshops, courses, certification programs and similar activities.
e) Diffusion of publications and events.
f) Publication of articles and reports about events, as well as co-editions of
common interest.
g) Other activities that the parties agree on within the framework of this present
memorandum.
ARTICLE III
THEMES AND SUBSTANTIAL AREAS FOR COOPERATION
In order to fulfill the purpose of this Memorandum of Understanding, “IDEA
International” and “THE UNIORE” have agreed to cooperate on the themes
established below, as well as on any other area of common interested that may be
defined in the future, for example, the following:
2
101
a) Developing and strengthening democratic institutions and the electoral
organisms.
b) Transparency and efficiency of electoral processes.
c) Electoral observation.
d) Affairs related to funding and audit findings, as well as to equity in electoral
competitions.
e) Gender equality and women’s access to political participation in electoral
processes.
ARTICLE IV
ANNUAL WORK PLAN
The Annual Work Plan, the projects and specific programs that the parties carry
out in order to execute the previously mentioned themes and work areas will be
prepared by the Technical Commission, whose make-up and tasks are described
in Article IX of this instrument. These will be signed by those subscribe to this
present memorandum; they will be a part of it and will have to contain the following:
a) Objectives
b) Schedule of activities
c) Necessary human, technical, material and financial resources
d) Place in which the activities will take place
e) Expected results
f) Activities for teaching, research, advisory, technical assistance and training
g) Publication of results and diffusion of information about activities
h) Responsible individuals or entities
i) Evaluation activities
j) Specific commitments in relation to intellectual property
k) Any additional ones that The Parties agree on
ARTICLE V
MODALITIES
This Memorandum of Understanding will provide a framework for inter-institutional
work and for cooperation between “IDEA International” and “THE UNIORE”. It
will also include the following modalities as means for carrying out this form of
cooperation between the parties:
3
102
Whenever adequate, they will invite each other to participate in meetings about
affairs of common interested and will send representatives of their respective
entities to these, in order for them to be in line with their corresponding rules and
procedures. They will be able to invite third institutions to cooperate in the projects
and programs.
They must carry out annual consultancies. They will also have to prepare a written
Annual Work Plan that specifies the projects and programs for the activities that
will be carried out throughout the year, along with the appropriate entities and
persons for executing them. A revision of the Work Plan will have to take place
towards the end of the respective calendar year, in order to evaluate its
advancements, as well as to create an executive report and make
recommendations on necessary adjustments for the following year.
Bilateral consultancy meetings will be organized whenever necessary and within
the context of the execution of joint projects and programs.
Within the context of their joint cooperation activities, they must make efforts to
exchange information about past experiences and best practice in all areas of
mutual interest.
ARTICLE VI
FINANCIAL OBLIGATIONS AND ABIDANCE TO ORIGINAL AGREEMENTS
This Memorandum of Understanding does not impose generic financial obligations
on any of the parties. None of this Memorandum’s clauses will constitute an
abstract commitment by any of the parties regarding financial contributions for
carrying out this Memorandum’s foreseen activities.
The financial obligations in which the parties incur, as a result of the annual work
plans and projects, as well as of specific cooperation programs that result from this
Memorandum will be subject to the decisions taken by its respective regulatory
entities and availability of funds, as well as to the respective financial and budget
regulations.
ARTICLE VII
FOCAL POINTS
The UNIORE, through its President, and IDEA International, through its Regional
Director, will be the designated persons/entities in charge of coordinating this
4
103
MoU. They will receive all
Memorandum’s foreseen affairs.
informative
communication
regarding
this
All notifications and communications must be sent to the previously mentioned
coordinators to the following addresses:
IDEA International
La UNIORE
Director Regional para
América Latina y El Caribe
Apartado 244-1017
“San José 2000”
San José, Costa Rica
Teléfonos: (506) 228-85244,
(506) 222-88140
Fax: (506) 228-80267
Correo electrónico: [email protected]
Presidente (¿?)
Av. 27 de febrero
Esq. Av. Luperón
Santo Domingo,
República Dominicana
Teléfonos: (809) 539-5419
correo electrónico…………
All communications and notifications that derive from this Memorandum will only be
valid when sent via mail, fax or electronic mail, and when sent to the addresses as
previously indicated in this document. The communications and notifications that
are sent via electronic mail will be valid as long as they are sent from the electronic
address of one entity’s Coordinator to the other entity’s Coordinator’s address.
Any of the parties will be able to change the responsible dependency, the
designated Coordinator, as well as the indicated address, telephone and fax
numbers, or electronic mail, and this must be notified to the other Party in writing.
ARTICLE VIII
INTELLECTUAL PROPERTY
The Parties agree that various kinds of publications (including studies, diagnostics
and pamphlets, among others, as well as co-productions that result from this
Memorandum) and their diffusion will be done under mutual agreement, always
giving the corresponding credit to the parties that created them.
In the case of jointly generated papers in which there is no way to determine the
degree of participation by each party, ownership of intellectual property will
correspond to all parties in a condition of equality, giving due acknowledgement to
those who were involved in their creation.
The parties will be able to use the results obtained from activities enshrined by the
present instrument in the development of their respective tasks.
5
104
The intellectual property rights (“Copyright”) of all new material developed from this
Memorandum, including electronic content and that which is stored in its computer,
will be shared property between the parties in each one of the legal jurisdictions
around the world and to the highest degree that the law permits in each one of
such legal jurisdictions during the entire period of the property rights, taking all
renovations and extensions of that period into account.
The following is excluded from the previous: material provided by “IDEA
International” or “THE UNIORE” that was exclusively developed by any of the
parties as part of their books and publications, and that has been published in their
Websites. The Property Rights of this mentioned material will be exclusively of the
Party that created it.
All electronic versions under this MoU must be authorized under a Creative
Commons license (Creative Commons Attribute-NonCommercial-ShareAlike 3.0
Unported license). The license will allow others to make copies, distribute or exhibit
the publications, as long as it is done without commercial or for-profit purposes and
as long as they give the required credit to the source and as long as they distribute
the derivative work under only one license that is identical to the adopted Created
Commons license. This license is applied globally and is irrevocable.
None of the parties can use the brand, logotype or emblem of the other institution
in publications or programs without having been authorized to do so or unless The
Parties have made an explicit agreement about it.
ARTICLE IX
CONFLICT RESOLUTION
Any difference arising from the interpretation of the applications of the present
Memorandum, as well as from its Specific Agreements, will be resolved by the
parties through mutual agreement and direct negotiations between the
representatives they designate for such purpose.
ARTICLE X
CORRECTIONS
This Memorandum of Understanding can be modified with previous express
consent and signed by the representatives, who will have to do so under
authorization of each one of The Parties. Any correction will have to be notified in
6
105
writing and the instruments that these express must be annexed in order for them
to be considered a central part of the Memorandum.
ARTICLE XI
PRIVILEDGES AND IMMUNITIES
Each party gives the other the privileges and immunities that may apply according
to agreements on this and according to the general principles of International Law.
In no case does this Memorandum of Understanding constitute an explicit or
implicit renunciation of the privileges and immunities of IDEA International, its staff
and its assets, in accordance to the pertinent agreements and according to the
principles and general practices of International Law.
Likewise, this Memorandum of Understanding does not constitute an explicit or
implicit renunciation of the privileges and immunities of THE UNIORE, its staff and
its assets, in accordance to the pertinent agreements and according to the
principles and general practices of International Law.
ARTICLE XII
VALIDITY AND TERMINATION
The present Memorandum will become effective as soon as this agreement is
signed and will be in force indefinitely.
This Memorandum of Understanding can be terminated by mutual consent or by
any of The Parties through a written note to the other Party with no less than three
months in advance. However, the termination of the MoU will not affect the
effective status of the activities and projects that have been properly funded
before the termination date. The conclusion of these agreements on behalf of any
of The Parties will not affect irrevocable obligations that have been assumed by
THE UNIORE or IDEA International regarding activities and projects previous to
the notification of termination.
The signers participate in the representation that they subscribed, with the
authority conferred by their respective positions. They reciprocally acknowledge
the capacity and authentication for conferring and signing this Memorandum of
Understanding.
IN WITNESS WHEREOF, The Parties, by means of their duly authorized
representatives, sign the present Memorandum of Understanding in four originals,
at the place and date indicated below.
7
106
Signed on…, the … of … 2012, in five copies in the Spanish language and five in
English, all texts being equally authentic.
BY “IDEA International”
______________________________
Dr. Daniel Zovatto
Regional Director for Latin America and the Caribbean
BY THE PRESIDENCY OF “THE UNIORE”
Dr. Roberto Rosario Márquez
President of the
Central Electoral Board
Dr. Mariano Américo Rodríguez
President of the
Superior Electoral Tribunal
8
107
5. KNOWLEDGE ABOUT WORK AND
COOPERATION AGREEMENTS
5. L. SUMMARY OF THE
LATINOBAROMETRO PROJECT
108
SUMMARY OF THE LATINOBAROMETRO PROJECT
1. INTRODUCTION
LATINOBARÓMETRO is an annual survey of public opinion based on representative
samples of each country and which administers an identical questionnaire with a
methodological and technical unit that provides representative opinions, attitudes,
behaviors, and values of 18 Latin American countries. The study represents a 600million population.
CORPORACIÓN LATINOBARÓMETRO, responsible for implementing the project, has
headquarters in Santiago, Chile, and from a legal point of view, is a non-profit
corporation under private law.
An opinion barometer is a multinational study with a structured set of variables that
follows the transformation process of society in an ongoing manner. It is a survey that
reflects the evolution of society and which objective is to provide useful data to social,
political, economic, and academic actors who seek to observe and explain their
societies and guide their actions better.
The LATINOBARÓMETRO study observes and produces indicators of public opinion
about every aspect of the life of a nation that might be of interest for States,
governments, public institutions, civil society actors, and international, national, and
academic institutions. The target audience of the study includes social, political,
economic, and academic actors and institutions in the region. The basis of the study is
scientific and uses the most modern methodology of social sciences. The main topics
are democracy, state of the ec0nomy, social development of countries, and regional
integration efforts.
2. OBJECTIVES
a.- Main Objective
The main objective is to consolidate it as a regional opinion monitoring tool with
multiple financing by all those who will use the information.
b.- Specific Objectives
Latinobarometro de Las Americas Project – Paper delivered during
109
UNIORE Extraordinary Meeting on February 13, 2013
Page | 1





Conduct a public debate that will allow a permanent analysis of the results of
the surveys conducted in 18 countries.
Consolidate the dissemination of the project and access data through the
website, as to consolidate its use by the political and social actors in the region.
Agree on periodic publications in alliance with prestigious academic
institutions.
Provide support to public policy decisions in the region.
Contribute to the development of public opinion and empirical methodology
research and establish quality standards.
3. PROPOSAL TO UNIORE MEMBERS
This proposal incorporates (ELECTORAL BODY) in the key activities of the study herein
described: on the one hand, the body developing the questionnaire, and on the other
hand, the main milestones of dissemination.
The proposal also includes the development of a “Report of (specific country) for 19952013” with an annual publication as of 2013 and an annual thematic report.
Moreover, the proposal includes presentations to the political and social actors in
(SPECIFIC COUNTRY).
4. DISSEMINATION
One of the main objectives of the project is the dissemination among political and
social actors as an independent tool that monitors society and its political system.
The dissemination activities are as follows:
4.1 Publication of the Annual Latinobarómetro Report
Every year, different types of reports are developed, besides the annual report, and
which are all available at www.latinobarometro.org. They are:
i. Annual Report: To publish the annual Latinobarómetro Report, a press
conference is held in Santiago, Chile, where different media of the region cover
the dissemination of the data. This activity is held on a Friday at 10.30 a.m.,
while on the previous Thursday evening, "The Economist" publishes an exclusive
report including the data published in this report on the same day. This press
conference is intended to be also simultaneously held jointly with IFE in Mexico
City.
Latinobarometro de Las Americas Project – Paper delivered during
110
UNIORE Extraordinary Meeting on February 13, 2013
Page | 2
To have a greater impact, the Report is sent based on the mailing list of
Latinobarómetro to over 3,000 subscribers. The donors of Latinobarómetro
receive a copy of the annual Report the day before of the press conference.
There is a constant dissemination through different audiovisual media across
the region. Furthermore, radio stations and TV channels with global broadcasts
are interviewed.
ii. Flash Report
iii. Report on Specific Topics
iv. Country Report
v. Sub-Regional Report.
The Report on (MEMBER COUNTRY OF THE ELECTORAL BODY) intends to include a
new line of reports on the country(ies) that signs the respective Agreement.
1.
Annual Report (MEMBER COUNTRY OF THE ELECTORAL BODY)
First, we plan to include an annual report on MEMBER COUNTRY OF THE
ELECTORAL BODY that will provide an analysis from 1995 to 2013 of all the existing
data of the topics covered by the 2013 questionnaire. This report will have an
Internet version that could be downloaded by anybody around the world, but there
will also be a version printed by a national publishing house. The Internet version will
comply with the regulations of the publishing house.
2.
Thematic Report
Second, we are proposing to develop a thematic report on the most significant topic
of the questionnaire or the existing circumstances and having the MEMBER
COUNTRY OF THE ELECTORAL BODY as the focus of a comparison with the rest
of the region. At the beginning, this second report could have just an Internet
version. These thematic reports can be collected over the years for a biannual
publication, for instance.
4.2 Data Access through the Website at www.latinobarometro.org
The Internet-based dissemination has made significant advances.
From 2007 to 2011, we have had a total of 1,522,380 hits1 in the website. The general
evolution of the hits has had a five-fold increase from 2007 to 2011 from 100,000 to over
500,000 hits a year.
1
The hits represent the number of visits to a website. They also account for downloads, online analysis,
etc. (each user has access to an unlimited number of pages).
Latinobarometro de Las Americas Project – Paper delivered during
111
UNIORE Extraordinary Meeting on February 13, 2013
Page | 3
Latin American Evolution: The total number of hits for the region was increased by
33% in 2011, from 40,760 in 2010 to 54,252 in 2011, which means an increased use in 16
of the 18 countries that participated in the survey.
The use of the study in Mexico was increased by 42% from 2010 to 2011, from 11,296
hits to 16.002 hits.
4.3 Press Conferences / Mass Media
When comparing the annual impact, from January 1 to December 31 between 2010 and
2011, a 33% increase in the mass media coverage of Latinobarómetro data was
produced.
Dissemination with MEMBER ELECTORAL BODY:
1. The involvement of MEMBER ELECTORAL BODY in our group of donors gives
us the opportunity to publish the annual report simultaneously in CAPITAL CITY
OF THE COUNTRY OF THE MEMBER ELECTORAL BODY, which is the main
dissemination milestone of the annual study.
2. Then, the thematic report can be published in CAPITAL CITY OF THE COUNTRY
OF THE MEMBER ELECTORAL BODY.
4.4 Presentations to Different Audiences, Governments, Parliaments, Civil Society,
International Organizations
Seminars, congresses, presentations, and conferences are some of the activities in
which Latinobarómetro often participates to make its results available.
Data is disseminated among four areas of target audiences:
i. Government
ii. Parliament
iii. Think Tanks, NGOs, and International Organizations
iv. Mass Media
We are proposing to use this proven technique in the region by making presentations of
the results compared to COUNTRY OF THE MEMBER ELECTORAL BODY and Latin
America with the following target audience as of XXX:
a. Parliament
b. Political Parties
c. Government
Latinobarometro de Las Americas Project – Paper delivered during
112
UNIORE Extraordinary Meeting on February 13, 2013
Page | 4
d. International Organizations and Think Tanks
e. Civil Society and Academia
5.- CONTRIBUTION REQUEST
The contribution requested for 2013 for this project includes all the activities herein
described that will finance the total amount of the project.
First, the project plans to consult the MEMBER ELECTORAL BODY during the
“Questionnaire Table,” that is, the body that defines the contents of the study. Second,
the project also plans to have a simultaneous presentation of the annual results with an
exclusive publication in “The Economist.” Third, the project proposes a publication plan
beginning with a “Report on COUNTRY OF THE MEMBER ELECTORAL BODY for
1995 2013” to be published on an annual basis by a publishing house. Fourth, the
project also plans to develop an annual thematic report. And fifth, there will be
presentations to the political and social actors in the COUNTRY OF THE MEMBER
ELECTORAL BODY.
Latinobarometro de Las Americas Project – Paper delivered during
113
UNIORE Extraordinary Meeting on February 13, 2013
Page | 5
6. PRESENTATION OF THE PLAN OF ACTION
WITHIN THE FRAMEWORK OF THE “REPORT ON
THE UNIORE’S WORK GROUP SESSION”
(MEXICO, JULY 13 AND 14 AND NOVEMBER,
2011)”.
6. M. PLAN OF ACTION WITHIN THE
FRAMEWORK OF THE “REPORT ON THE
UNIORE’S WORK GROUP SESSION”, MEXICO
2011
114
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
REPORT OF THE UNIORE WORK GROUP SESSION
(13 and 14 July 2011, in Mexico City)
I.
GENERAL CONSIDERATIONS
Part of the agreements reached in the X Conference of the Inter-American Union of Electoral Activities
(UNIORE), celebrated in Mérida, Mexico, on November 10th -12th , established that the Presidency of the
Union, comprised of the federal electoral authorities of this country, the Federal Electoral Institute (IFE) and
the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF), would convene a Work Group which
would be responsible for elaborating a diagnostic and a roadmap that may tend to new needs and
requirements. These will be presented during the work of the Extraordinary Meeting, which will take place in
November, 2011, in order to commemorate the Union´s XX anniversary.
The Conference established that the Work Group would be composed of the Committee for Coordination
and Follow-up. According to the Sixth Clause of the Constitutive Act, the Committee is formed by the
Presidency of the UNIORE – that is, the IFE and the TEPJF -, the body venue to the next Conference, in
this case the Central Electoral Board of the Dominican Republic and the Executive Secretariat.
Moreover, it was agreed that the EMBs that presided over the Tikal and Quito Protocols at the time – the
Supreme Electoral Tribunal of Guatemala and the Supreme Electoral Council of Ecuador, respectively would also take part in the Group Work. The President of the Supreme Electoral Tribunal of El Salvador, Mr.
Eugenio Chicas, would also participate, in his condition as outgoing President of the UNIORE; as well as a
representative for each of the regions of our continent, having been approved the Federal Electoral
Commission of the United States, the Electoral Commission of Jamaica, the Electoral Tribunal of Panama,
the National Electoral Council of Venezuela and the Electoral Service of Chile.
According to this, the Presidency of the UNIORE asked the Executive Secretariat to send the corresponding
invitations to those that integrate this Work Group, calling them for the session that took place on July 13th
and 14th, 2011, in Mexico City. They were later sent the corresponding notification. A copy of this document
can be found in Appendix 1.
II. PARTICIPANTS OF THE WORK GROUP
The nine electoral authorities called by the Presidency and the Executive Secretariat of the UNIORE
answered positively to the invitation and designated the ones to represent them.
The Work Group participants were:
1
115
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
ELECTORAL AUTHORITY
Electoral Service from Chile
National Electoral Council of Ecuador
Supreme Electoral Tribunal of El Salvador
Federal Electoral Commission of the United States
Electoral Commission of Jamaica
Federal Electoral Institute of Mexico
Electoral Tribunal of the Judicial Branch of the
Federation of Mexico
Electoral Tribunal of Panama
Central Electoral Board of the Dominican Republic
National Electoral Council of Venezuela
Inter-American Institute of Human Rights - Center
for Electoral Promotion and Assistance
PARTICIPANT
General Director Juan Ignacio García
Vicepresident Carlos Cortez
President Eugenio Chicas
Commissioner Ellen Weintraub
Commissioner Herbert Thompson
President Councilor Leonardo Valdés Zurita
President Magistrate María del Carmen Alanis
Vicepresident Erasmo Pinilla
Member José Ángel Aquino Rodríguez
Vicepresident Sandra Oblitas
Director José Thompson
It was established that each member of the Group would have one sea ton the table, in some specific cases
the corresponding seats were oocupied by a different officer. The other officers who participated in the
session of this Work Group are:
ELECTORAL AUTHORITY
PARTICIPANT
Chief of Staff – International Affairs Unit
Manuel Carrillo
Magistrate of the Superior Court
Pedro Esteban Penagos
Coordinator of Relationships with Electoral
Bodies Héctor Dávalos
Director of International Liaisons
Rosaura Sierra
Assistant Frank Payares
Federal Electoral Institute of Mexico
Electoral Tribunal of the Judicial Branch of the
Federation of Mexico
National Electoral Council of Venezuela
Finally, the Supreme Electoral Tribunal of Guatemala had confirmed its President Maria Eugenia Villagrán
de León‟s attendance; however, she had to cancel her participation due to Force Majeure.
III.
DEVELOPMENT OF THE WORK
The agenda followed by the Work Group, which is included in Appendix 2, had four parts. Each of these
parts aimed for the members of the Work Group to identify different aspects on the current situation of
democracy in the region, as well as the relevance of the UNIORE itself, so that with this input they could
produce different roadmap proposals, and thus achieve the Conference mandate.
2
116
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
With the purpose to offer all participants of the Work Group Session an equality of conditions to express
their ideas and reflections, the Presidency of the UNIORE suggested using a technological tool which
allowed all the participants to write down all their contributions in a computer while the system published
them automatically so the rest of the participants could see it. Likewise, in order to get wider and more
inclusive ideas, the participants agreed the possibility to group those comments that had common essence,
without eliminating any of the proposed ideas.
The characteristics of the four segments and their results are the following:
A)
GENERAL DIAGNOSTIC
The first set of activities was meant for the elaboration of a general diagnostic. In order to identify the
challenges, the participants were asked the following question: “What are the main challenges and
problems that the electoral authorities in America face up nowadays?” As an answer to these questions, the
participants of the Work Group presented 71 challenges and problems, which could be grouped in 26 ideas.
These ideas and the corresponding comments can be found in Appendix 3.
After the ideas were listed, the participants of the Work Group prioritized them through the personal
selection of nine ideas per participant. After the selection, the nine ideas agreed by the Work Group as the
most important one, along with their corresponding problems were:
1. Promoting electoral participation in all its aspects: gender, youth, indigenous population, etc.
- Inclusion of vulnerable groups
- Citizens‟ disappointment in democracy
- Incorporating youths in electoral participation.
- Young people‟s abstentionism
- Generating inclusión for different sectors (young people, rural population, women, ethnical diversity) in
democracy.
- Lack of interest and apathy in electoral participation of wide sectors.
- Conquering abstentionism, including all sectors and fostering electoral training.
- Getting polling booths closer to the voters.
- Promoting electoral training from the first educational levels.
2. Impact and benefits of technological developments in electoral processes.
- Issues related to technology; resources to get it and training for the voter.
- Politicians‟ resistance to the application of new technology.
- Voters‟ credibility in the use of technology.
- Inclusion of social media.
- New technologies for electoral organization; technology for electoral information.
3
117
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL BODIES
(UNIORE)
EXTRAORDINARY MEETING
(Mexico City, November 10th and 11th, 2011)
CONCLUSIONS
The representatives of the electoral authorities of Antigua and Barbuda, Argentina, Bolivia, Chile, Costa Rica,
Dominican Republic, Ecuador, El Salvador, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru,
Puerto Rico, United States of America, Uruguay and Venezuela, which attended the Extraordinary Meeting
celebrated in Mexico City on November 10th and 11th, 2011, declare the following:
I.
The Roadmap and Diagnostic that were made by the Work Group that held a session in Mexico City on July
13th and 14th, 2011, in order to tend to the new needs of the UNIORE, are known and supported. There is
wide recognition to the results accomplished.
II.
Complementing the document presented by the Work Group, the Plenary of the Extraordinary Meeting puts
an emphasis on the next topics:
1. Within the framework of Objective 1 of the Roadmap (an organism that coordinates and runs missions of
electoral observation and accompaniment in the American continent, which is referred in other latitudes),
the following was stated:
A. The elaboration of a Protocol for Electoral Observation Project within the framework of UNIORE,
where new themes, modalities of observation and terms are established to carry out the observation
missions.
2. Within the framework of Objective 2 of the Roadmap (the UNIORE has become the broadest and most
active space to pose initiatives for horizontal cooperation, technical assistance and exchanging of tools
among the EMBs of the American continent) , the following was stated:
A. The incorporation of electronic publications of the member bodies to the UNIORE’s web site, and
their classification.
3.
Within the framework of Objective 3 of the Roadmap (an organization of international presence and
relevance, that acts as a bridge between similar organizations in the world), the following was stated:
A. Redefining and strengthening the role of the Presidency of UNIORE, as well as the coordination
and liaison mechanisms with the Executive Secretariat.
Secretaría Ejecutiva
118
1
INTER-AMERICAN UNION OF ELECTORAL BODIES
(UNIORE)
4.
Within the framework of Objective 4 of the Roadmap (it has been consolidated as a space for the
building of principles and for the reflection on electoral matter in the Americas) in the part that
corresponds to “the UNIORE has consolidated itself as a space for electoral doctrine in the Americas”,
the following was stated:
A. Insisting on the importance of establishing different programs and instances in terms of civic
education and civic-electoral training.
B. Pointing out the increasing value that electoral jurisprudence has achieved and the value its
systematization has.
5.
Within the framework of Objective 5 of the Roadmap (to be a self-sustainable entity through agreed
sources of financing and member’s contributions), the following was stated:
A. Integrating a Commission that studies different formulas to ensure sustainable financing for the
UNIORE, including fee diversity, contributions from international organisms, and proposals of
projects that can be financed.
This commission will be integrated by the Presidency of the UNIORE, currently held by the Federal
Electoral Institute and the Electoral Tribunal of the Judicial Branch of the Federation, from Mexico;
by the Presidency of the Tikal Protocol, currently held by the National Electoral Tribunal of
Honduras; by the Presidency of the Quito Protocol, currently held by the Superior Tribunal of
Electoral Justice of Paraguay,; by the Central Electoral Board of the Dominican Republic, in its
position as host to the XI Conference; by the Electoral Commission of Jamaica, and by the
Executive Secretariat.
B. Considering a planning and programming work system for medium and long terms.
Given in Mexico City, Friday 11 November 2011.
Secretaría Ejecutiva
119
2
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
- The incorporation of innovative technology into electoral processes, agreed with political organizations and
citizenship, with the adequate auditing mechanisms, contributes to transparency, security and speed of
results, which generates trust and credibility in electoral bodies and helps consolidate democracies.
3. Strengthening of the autonomy of the Electoral Bodies
- Conquer external influence in the authorities‟ performance in exercise of their powers, fulfilling
constitutional mandates.
- Keeping the electoral authority‟s independence.
- Independence and autonomy are legally different concepts.
- Keeping and increasing the autonomy of electoral bodies.
4. Follow-up and control in the use of financial resources of the political organizations
- Lack of transparency in elections, linked to political financing.
5. Insecurity, violence, drug-dealing
- Violence of the organized crime
6. Lack of training of electoral officers
- More training for the members of boards receiving votes
- Professionalization of the work of officers and technical directors designated by each new government.
7. Transparency in the obtaining of the financial resources of political organizations.
8. Media pressure
- Overcoming interested media disqualification against electoral institutions.
- Real, not biased information coming from certain media.
- Relationship with media and civil society organizations
9. Campaign financing and political parties
- The excessive cost of campaigns causes elite participation and restricts electoral offer.
- Influence of campaign sponsors in governmental policies.
- Supervision and oversight of political parties.
- Origin of political financing.
- Insecurity, violence, drug- dealing
The result of hierarchization made by the Work Group participants on the 26 ideas, which group the 71 main
challenges and problems faced nowadays by the members of the UNIORE is presented in Appendix 4.
B)
IDENTIFYING UNIORES’ CONTRIBUTIONS
4
120
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
In the second block of activities, the following question was posed: What has the UNIORE contributed to in
order to meet the continent‟s electoral agenda in the last 20 years?
The Work Group members presented 28 answers, grouped in 12 ideas, for this question. These ideas,
together with the comments, are located in Appendix 5.
Following, the Work Group members prioritized the 12 ideas through the personal selection of four ideas
per Group member.
After this selection, 5 ideas with their comments become those with the higher impact and relevance for
addressing the continent‟s electoral agenda. It is important to mention that the idea number 3, 4 and 5
obtained the same score.
3. A space for exchanging experiences, lessons and good practices.
3.1. A space to determine electoral training priorities (originally it was the idea # 5, but after the vote it
was decided to include it into the idea # 3).
3.2. An opportunity for training the region‟s electoral officers.
3.3. A search for best practices on electoral administration
3.4. A discussion of current issues on democracy, elections and electoral justice
3.5. Exchange between the region's electoral organisms
3.6. A meeting point for the heads of the electoral bodies
3.7. Joint reflection and analysis on the issues that may affect the electoral arena in each of the
American countries.
3.8. The UNIORE has achieved the garnering of the continents‟ EMB‟s successful experiences and bad
practices to be shun
3.9. An explanation of the best practices on the conduction of elections
3.10.
Sharing experiences to improve electoral matters across the continent
3.11.
A space to Exchange EMB‟s experiences
4. Observation of elections
4.1. Broad experience in electoral observation missions
5. A space to develop comparative analysis and determine America’s electoral trends, therefore,
renewing the electoral agenda topics.
5.1. Renewal of the America‟s electoral agenda topics
5.2. To provide an open discussion forum to share information that has impacted on the strengthening
of the continent‟s EMBs.
5.3. UNIORE has been a synonym of academic exchange on electoral topics among the continent‟s
electoral practitioners.
5.4. Generating specialized publications and lessons on electoral matter
5.5.
5
121
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
6. It has achieved the most successful and intense horizontal cooperation between the continents’
EMBs.
6.1. A space to exchange and foster horizontal cooperation initiatives
7. Holding of meetings, conferences, seminars, thematic tables
7.1. It has provided the opportunity to hear international experts‟ reflections on the regions‟ democratic
progress
The result of prioritizing the 12 ideas that group 28 contributions of UNIORE are in Appendix 6
C)
IDENTIFYING UNIORES LIMITATIONS TO MEET THE CURRENT CHALLENGES
The third block of activities was the elaboration of the Union‟s limitations. In order to identify these
limitations, the Work Group members answered the following question: What are the main limitations the
UNIORE undergoes in order to meet the current challenges?
The Work Group members presented 33 limitations, which were grouped in 9 ideas. These ideas, together
with their comments are presented in Appendix 7.
Then, the Work Group members prioritized them through the personal selection of three ideas per member.
After this selection, the three ideas grouping 22 limitations with the higher relevance for the Work Group
are:
1.Lack of budget.
1.1. Lack of staff in the Executive Secretariat.
1.2. Scant staff in order to address the assumed tasks.
1.3. An absent of financial resources coming from EMBs.
1.4. The members have to pay a financial fee
1.5. UNIORE does not have its own resources.
1.6. It has not been modified to the EMBs‟ changes.
1.7. Lack of proper resources to finance and maximize its function.
2.
UNIORE’s structure, functioning and rules do not respond to the advances of the political
systems nor to the current requirements of the EMB members
2.1. UNIORE is not updated with the current electoral themes that motivate our democracies.
2.2. UNIORE‟s TORs and objectives need to be reviewed in order to reflect the democratic ideals of
our reality
6
122
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
2.3. The administrative structure of UNIORE has to be updated according to the political and electoral
changes.
2.4. The guidelines have to be defined by the EMBs.
2.5. The EMBs are not represented in UNIORE‟s structure.
2.6. To review the Founding Charter, to adequate it to the new times and to the members‟
constitutions.
2.7. Lack of regional representation in the directive organism.
2.8. Lack of authority.
2.9. There are only Costa Ricans
2.10.
Lack of activities from the Coordination and Follow-Up Committee.
3. UNIORE does not have its own agenda
3.1. Bemusing between CAPEL‟s officers and UNIORE‟s Executive Secretariat
3.2. Absence of an annual plan of activities
3.3. There is no difference between CAPEL, as UNIORE‟s Executive Secretariat, and its NGO
character that has its own projects and financing.
3.4. UNIORE‟s agenda is subordinated to CAPEL‟s
The result of this exercise performed by the Work Group can be found in Appendix 8.
D) DEVELOPING UNIORE’S VISION
The fourth activity block consisted in elaborating UNIORE‟s roadmap. First, the Work Group discussed,
based in the diagnosis, and the contributions and limitations identified, the main objectives to be achieved
by the Union. In order to find these objectives, the Work Group members answered the following: What
must be the UNIORE’s role in view of the challenges faced by the continent’s electoral authorities
nowadays? (Where and how do we see the UNIORE in 5 years from now?) The Work Group members
presented 33 limitations, which were grouped in 9 ideas. These ideas, together with their comments are
presented in Appendix 9.
After grouping the comments being grouped into 21 ideas, the Work Group members prioritized them
through the personal selection of five ideas per Group member. The ideas which receive the highest
number of impacts were further discussed by all participants in order to obtain a group consensus of the
main ideas. The result of this exercise performed by the Work Group can be found in Appendix 10.
After achieving consensus, five ideas were identified as those to become the objectives to develop as in a
roadmap:
 Objective 1: An organism that coordinates and runs missions of electoral observation and
accompaniment in the American continent, which is referred in other latitudes
7
123
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS




Objective 2: The UNIORE has become the broadest and most active space to pose initiatives for
horizontal cooperation, technical assistance and exchanging of tools among the EMBs of the
American continent.
Objective 3: An organization of international presence and relevance, that acts as a bridge
between similar organizations in the world
Objective 4: It has been consolidated as a space for the building of principles and for the
reflection on electoral matter in the Americas
Objective 5: To be a self-sustainable entity through agreed sources of financing and member‟s
contributions
Second, after identified the objectives, the Group Work members divided themselves into five groups of two
and three members. The integration of the groups responded to the participants´ thematic interests.
 Objetive 1: José Thompson and Sandra Oblitas
 Objetive 2: Carlos Cortez, Erasmo Pinilla and Eugenio Chicas
 Objetive 3: Ellen Weintraub and María del Carmen Alanis
 Objetive 4: Juan Ignacio García and Leonardo Valdés Zurita
 Objetive5: Herbert Thompson and José Ángel Aquino Rodríguez
Third, to develop each objectives‟ roadmap, the groups answered the following questions: What to do? How
often? With what resources human and financial?
Finally, each group presented among the rest of the Work Group members the roadmap to fulfill their
objective. The roadmaps can be found in Appendix 11.
E)
ELABORATION OF UNIORE’S EXTRAORDINARY MEETING AGENDA PROPOSAL
Before finish the session, the Work Group discussed some general aspects for the Extraordinary
Meeting to be held on November 2011, in Mexico.
8
124
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
APPENDIX 1
MEETING CALL FOR THE WORK GROUP RESPONSIBLE FOR SUGGESTING A DIAGNOSIS AND A
ROADMAP TO MEET THE NEW NEEDS AND REQUIREMENTS OF THE INTER-AMERICAN UNION OF
ELECTORAL ORGANISMS (UNIORE)
BACKGROUND
The Inter-American Union of Electoral Organisms (UNIORE), a nongovernmental entity that brings
together the depository organisms of the different countries of the Americas‟ electoral authority, held its X
Conference from 10 to 12 November, 2010, in Merida, Mexico.
As part of the adopted Agreements in this Conference, it was established in point 13 that the
Presidency of the UNIORE, currently integrated by the electoral authorities of that country, the Federal
Electoral Institute and the Electoral Tribunal of the Federal Judicial Power, will convene an Extraordinary
Meeting in the framework of the XX Anniversary of the Union, which will take place in Mexico during the
second half of 2011, aiming to present the Union‟s Presidency‟s advances and results of its activities, as
well as to open a dialogue in thematic working groups on the technical-electoral aspects agreed at the X
Conference and on other topics of interest for the members.
Moreover, the Conference agreed to summon a Work Group responsible for developing a diagnosis
and a roadmap to meet the new needs and requirements, which will also be presented during the work
sessions of the abovementioned Extraordinary Meeting.
Regarding the integration of the Work Group, it was established that it would be composed by the
Coordination and Monitoring Committee, that in conformity with the Sixth Clause of the Constitutive Act of
the Inter-American Union of Electoral Organisms, is currently integrated by Mexico‟s Federal Electoral
Institute and Electoral Tribunal of the Federal Judicial Power, the Central Electoral Board of Dominican
Republic and the Executive Secretariat.
Additionally, the organisms that presided Tikal„s Protocol and Quito‟s Protocol, the Supreme
Electoral Tribunal of Guatemala and the Supreme Electoral Council of Ecuador, respectively, would also
take part in this Work Group. The President of the Supreme Electoral Tribunal of El Salvador, Mr. Eugenio
Chicas, being the outgoing President of the UNIORE, and a representative of each of the regions that
conforms our continent will also participate. The appointment of the Federal Electoral Commission of the
United States, the Electoral Commission of Jamaica, the Electoral Tribunal of Panama, the National
Electoral Council of Venezuela and the Electoral Service of Chile has also been approved.
9
125
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
In order to comply with the Agreements adopted at the X Conference of the Inter-American Union of
Electoral Organisms, Mexico‟s Federal Electoral Institute and Electoral Tribunal of the Federal Judicial
Power, since they are the agencies that currently hold UNIORE‟s Presidency:
CALL
The group, which will be integrated by:
 Electoral Service of Chile,
 National Electoral Council of Ecuador,
 Supreme Electoral Tribunal of El Salvador;
 Federal Electoral Commission of the United States,
 Supreme Electoral Tribunal of Guatemala,
 Electoral Commission of Jamaica,
 Electoral Tribunal of Panama,
 Central Electoral Board of Dominican Republic, and
 National Electoral Council of Venezuela.
Will participate in the work session that will develop according to the following considerations:
1.
OBJETIVE
To jointly muse in regard to the technical–electoral matters discussed during the X Conference and
other topics of interest of the members of the UNIORE, in order to establish a diagnosis and develop a
roadmap to be presented in the Union‟s Extraordinary Conference to be held on the second half of this year
in Mexico.
2.
DATE AND LOCATION
The group session will take place the 13 and 14 of June, 2011 in Mexico City.
3.
AGENDA
Taking into account the mandate delegated by the Conference to this Working Group, through point 13
of the adopted Resolutions, at least four general segments are identified for the integration of the agenda:
 General diagnostic: To define the current requirements and needs of the systems, and the actual
role of the electoral authorities.
 UNIORE‟s organization and functioning: Evolution and challenges UNIORE.
 Development of the roadmap: To establish the aspects related to the current needs of the electoral
authorities, as well as the challenges and prospects of the UNIORE, among other topics, in the next
10 years.
10
126
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS

Extraordinary Conference: To work on an agenda proposal for the Extraordinary Conference to be
held in November, in which the commemoration of the XX Anniversary of the Union will take place.
4. METHODOLOGY
In order to contribute to the work of this Group better development, the session will be use the
technological tools of the strategic planning methodology, that will allow the free, fair and productive
participation of the participants of the Working Group in this session.
5.RESULTS
The following documents are expected as a result of this meeting:
 Based on the mandate given by the X Conference, the Working Group should develop a roadmap
for UNIORE‟s next actions.
 Finally, and also in compliance with the mandate of the X Conference, the Working Group will
prepare a draft agenda for the UNIORE‟s Extraordinary Conference to be held in November
UNIORE in the framework of the commemoration of the XX Anniversary of the creation of this
mechanism.
5.
FINANCING
The UNIORE‟s Presidency and Executive Secretary will identify the optimum mechanisms to establish
the bases and responsibilities for financing the different criteria related to this session.
THE PRESIDENCY OF THE INTER-AMERICAN UNION OF ELECTORAL ORGANISMS (UNIORE)
MAGDA. MARÍA DEL CARMEN ALANÍS
FIGUEROA
PRESIDENT OF MEXICO‟S FEDERAL
ELECTORAL TRIBUNAL OF THE FEDERAL
JUDICIAL POWER
DR. LEONARDO VALDÉS ZURITA
PRESIDENT COUNCILOR OF MEXICO‟S
FEDERAL ELECTORAL INSTITUTE MÉXICO
11
127
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
12
128
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
APPENDIX 2
AGENDA FOR THE UNIORE’S WORK GROUP
July 13 and 14, 2011
Hotel Royal Pedregal at Mexico City
Wednesday 13 July, 2011
9:00 to 9:10 h
9:10 to 9:20 h
9:20 to 9:30 h
9:30 to 9:45 h
9:45 to 10:00 h
10:00 to 10:05 h
10:05 to 11:25 h
Welcome and General Description of the Working Session
9:00 to 10:00 h
Words by María del Carmen Alanis, President Magistrate of the Electoral Court
of the Federal Judicial Branch
Words by Leonardo Valdes, President Councilor of the Federal Electoral Institute
Words by José Thompson, Director of the Center for Electoral Assistance and
Promotion of the Inter-American Institute of Human Rights (IIDH-CAPEL)
Introduction to the methodology. José Luis Rodríguez, Chief of Staff of the
IFE’s Strategic Planning Unit
Training of the Think Tank tool. José Luis González, Consultant
General Diagnostic
10:00 to 11:25 h
Introduction by María del Carmen Alanis, President Magistrate of the Electoral
Court of the Federal Judicial Branch
Identification of common challenges currently faced by the region’s
electoral management bodies
11:25 to 11:40 h
11:40 to 11:50 h
11:50 to 13:20 h
13:30 to 15:00 h
15:00 to 16:00 h
16:00 to 16:10 h
Recess
UNIORE’s Organization and Functioning
11:40 to17:00 h
Introduction by Leonardo Valdes, President Councilor of the Federal Electoral
Institute
The UNIORE in the continent’s electoral agenda
Lunch
The UNIORE in the continent’s electoral agenda (2nd part)
Conclusions of the activities performed during the First day , by Salvador
Nava, Magistrate of the Electoral Court of the Federal Judicial Branch
13
129
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
20:00 to 22:00 h
Dinner offered by Mexico’s electoral authorities
San Ángel Inn
Thursday 14 July, 2011
9:00 to 9:10 h
Introduction to the activities to be performed during the Second Day, by
Pedro Esteban Penagos, Magistrate of the of the Electoral Court of the Federal
Judicial Branch
9:10 to 9:20 h
9:20 to 10:20 h
10:20 to 10:30 h
10:30 to 10:45 h
10:45 to 12:15 h
12.15 to 13:15 h
13:15 to 14:45 h
14:45 to 15:45 h
UNIORE’s Roadmap Development
9:10 to 15:45 h
Summary of the previous day’s work, José Luis Gonzalez, Consultant
Elaboration of UNIORE’s vision
Integration of working groups
Recess
In groups, develop the possible roadmaps of the UNIORE
Presentation of roadmap proposals (2 groups)
Lunch
Presentation of roadmap proposals (the rest of the groups)
15:45 to 16:45 h
Extraordinary Meeting 1
5:45 to 16:45 h
Development of the Agenda for the Extraordinary Meeting
16:45 to 16:50 h
16:50 to 16:55 h
16:55 to 17.00 h
Closing session
16:45 to 17:00 h
Words by José Thompson, Director of the Center for Electoral Assistance and
Promotion of the Inter-American Institute of Human Rights (IIDH-CAPEL)
Words by María del Carmen Alanis, President Magistrate of the Electoral Court
of the Federal Judicial Branch
Words by Leonardo Valdes, President Councilor of the Federal Electoral
Institute
14
130
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
APPENDIX 3
IDEAS PRESENTED REGARDING THE FOLLOWING QUESTION
What are the main challenges and problems that the electoral authorities of the American
Continent face nowadays?
1. Strengthening of the Electoral Management Bodies‟ (EMB) autonomy
1.1. To beat external interference in the performance of the authorities regarding the undertaking of
their functions, as stated in the constitution
1.2. To maintain the independence of the electoral authority
1.3. Independence and Autonomy are two different legal concepts
2. Lack of financial autonomy of the EMBs
2.1. Difficulty to obtain enough budget
3. To increase the confidence and credibility in the EMBs
3.1. Lack of credibility from the citizens
3.2. To strengthen the credibility of the citizens on the electoral results
4. To address the issues of equity in the electoral agenda
4.1. To guarantee the enfranchisement of all citizens to actually cast their vote
4.2. To promote gender equality at partisan nominations through actions of positive affirmation
5. Role of mass media
5.1. To overcome defamatory information from the media which aims to question electoral
institutionalism
5.2. Actual and un biased information from certain media
5.3. A relation with the media and with civil society organizations
6. Abstentionism
6.1. To promote citizen participation as a mean to strengthen democracy
6.2. To promote citizen participation in the electoral processes as a means to strengthen democracy
7. Credibility and confidence on electoral results because they are slow or due to technical deficiencies
8. Insecurity, violence and drug-trafficking
9. Political parties and campaign financing
9.1. Excessive cost of the campaigns makes participation elitist and constrains electoral offer
9.2. Influence of campaign sponsors in government policies
9.3. Oversight and accountability of the political parties
9.4. Source of political financing
15
131
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
10. Impact and benefit of the technological development in the electoral processes.
10.1.
Technology related issues: resources to obtain it and voter education
10.2.
Politician‟s reluctance to implement new technologies
10.3.
Voter‟s confidence on the use of technology
10.4.
Include the use of social media
10.5.
New technologies in the electoral arena; technology for electoral information
11. Integration of the EMB, especially focusing on political parties „ representation
12. The fact that EMBs have assumed a larger set of attributions and competences for the EMBs
13. Electoral laws are not proposed by the EMBs
13.1.
There is no legislation for the primaries
14. The viability of the survival of the political parties; there are big parties that predominate in the scenario
and in the contest
14.1.
The political party system has a high level of weakness
15. To promote the electoral turnout in every aspect: gender, youth, indigenous people, etc.
15.1.
Inclusion of vulnerable groups
15.2.
Citizen disenchantment about democracy
15.3.
Inclusion of young people to electoral turnout
15.4.
Youth‟s abstentionism
15.5.
To create the inclusion for all sectors (youth, rural, women, ethnic diversity) in democracy
16. Lack of training of the electoral officers
16.1.
Greater training to the members of polling tables
16.2.
To professionalize the tasks of the officers and technical directors that are appointed by
every new government
16.3.
To improve the quality of politics, to avoid the practice of obtaining votes with promises of
government posts and the use of State resources
16.4.
To promote an informed vote
16.5.
To institutionalize the systems for the building of parties
16.6.
To promote citizen participation in the electoral processes as a mean to strengthen
democracy
16.7.
To include the civil society in observation procedures to strengthen the programmatic offer
of the parties
17. Threats from the Legislative to change the electoral model and the substitution of members
16
132
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
18. Non-compliance of bounded subjects
19. Low salaries
20. Dynamic associations that follow efficiently the strengthening processes of the democracies
21. Transparency in the electoral administration
22. Follow-up and oversight of the use of the financial resources of the political organizations
22.1.
Lack of transparency of the elections, linked to the political financing
23. To increase the quality of the information transmitted to the citizens
24. To make it easier for people to vote by bringing the polling centres closer to the voters
25. Transparency in the financial resources obtained by the political organizations
17
133
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
18
134
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
APPENDIX 4
IDEAS PRIORITIZED
What are the main challenges and problems that the electoral authorities of the American
Continent face nowadays?
UNIORE’S CHALLENGES
Strengthening EMB autonomy
Lack of financial autonomy in EMBs
Increasing trust and credibility in electoral authorities
Addressing equality in the electoral agenda
Strengthening the relationship with mass media
Low voter turnout (Abstentionism)
Fostering credibility and trust in the transmission of electoral results
Security issues, violence and drug trafficking.
Political party and campaign financing
Advantages and impact of technology in electoral
processes
EMB Integration, especially taking into account issues of political
party representation
Granting a minimum number of
competences/functions to EMBs
Electoral authorities can‟t propose legislation
Political party survival: big parties predominate the electoral contest
Promoting electoral participation of women, youth,
indigenous population, etc.
Lack of training of electoral officers
To improve the quality of politics
Threats coming from the legislative body of modifying the electoral model and
substituting electoral officers
The bridge of laws by obliged stakeholders of the electoral
process
Low salaries
Dynamic associations that efficiently accompany the processes of democratic
strengthening
Transparency in electoral administration
To control and follow up political organization‟s financial resources
To elevate the quality of the citizen‟s information
To make accessible the voter‟s exercise of their
voting right by placing polling stations closer to the
voters
19
135
Secretaría Ejecutiva
AVERAGE
0.60
0.20
0.30
0.40
0.50
0.40
0.20
0.60
0.50
0.70
0.00
0.20
0.30
0.10
0.80
0.50
0.40
0.20
0.00
0.00
0.30
0.30
0.60
0.20
0.20
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
UNIORE’S CHALLENGES
To have transparency in political organizations‟
garnering financial resources
AVERAGE
0.50
These results are also shown in the following graph:
20
136
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
APPENDIX 5
UNIORE’S CONTRIBUTIONS TO THE CONTINENT’S ELECTORAL AGENDA
What has the UNIORE contributed to in order to meet the continent’s electoral agenda in the last
20 years?
1.Observation of elections
1.1. Broad experience in electoral observation missions
2. A space to develop comparative analysis and determine America‟s electoral trends, therefore, renewing
the electoral agenda topics.
2.1. Renewal of the America‟s electoral agenda topics
2.2. To provide an open discussion forum to share information that has impacted on the strengthening
of the continent‟s EMBs.
2.3. UNIORE has been a synonym of academic exchange on electoral topics among the continent‟s
electoral practitioners.
2.4. Generating specialized publications and lessons on electoral matter
8. A space for exchanging experiences, lessons and good practices.
8.1. A space to determine electoral training priorities (originally it was the idea # 5, but after the vote it
was decided to include it into the idea # 3).
8.2. An opportunity for training the region‟s electoral officers.
8.3. A search for best practices on electoral administration
8.4. A discussion of current issues on democracy, elections and electoral justice
8.5. Exchange between the region's electoral organisms
8.6. A meeting point for the heads of the electoral bodies
8.7. Joint reflection and analysis on the issues that may affect the electoral arena in each of the
American countries.
8.8. The UNIORE has achieved the garnering of the continents‟ EMB‟s successful experiences and bad
practices to be shun
8.9. An explanation of the best practices on the conduction of elections
8.10.
Sharing experiences to improve electoral matters across the continent
8.11.
A space to Exchange EMB‟s experiences
9. It has achieved the most successful and intense horizontal cooperation between the continents‟ EMBs.
9.1. A space to exchange and foster horizontal cooperation initiatives
10. A space to determine priorities on electoral training
11. Holding of meetings, conferences, seminars, thematic tables
11.1.
It has provided the opportunity to hear international experts‟ reflections on the regions‟
democratic progress
21
137
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
12. Strengthening of the America‟s democracies
12.1.
Source of strength and inspiration to face challenges
12.2.
Strengthening of the continent‟s electoral integration
12.3.
Divulgation of electoral mechanisms that have buttressed the strengthening of various
countries‟ democracies.
13. A space to share threats and inquiries that could affect EMBs performance, a pace to generate
solidarity among EMBs
13.1.
It has been an important shielding mechanism for EMBs
14. Harmonious liaison with different scenarios of the America‟s electoral world
14.1.
Generation of liaison bridge
15. Renewal of the topics that integrate the Americas‟ electoral agenda
16. To serve as a model and an inspirational source for other world‟s EMB association initiatives
16.1.
It has allowed politicians from various countries to interest in our electoral processes
17. To bolster the strengthening of electoral institutions
17.1.
From the meetings we have been able to strengthen the EMB´s structure
17.2.
To coordinate actions in UNIORE‟s member countries electoral processes
17.3.
It is an important partner in the defense of the regions‟ EMBs
22
138
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
APPENDIX 6
IDEAS PRIORITIZED
What has the UNIORE contributed to in order to meet the continent’s electoral agenda in the last
20 years?
UNIORE’S MAIN CONTRIBUTIONS
Observation of elections
A space to develop comparative analysis and determine America‟s electoral trends,
therefore, renewing the electoral agenda topics
A space for exchanging experiences, lessons and good practices
It has achieved the most successful and intense horizontal cooperation between the
continents‟ EMBs.
A space to determine priorities on electoral training
Holding of meetings, conferences, seminars, thematic tables
Strengthening of the America‟s democracies
A space to share threats and inquiries that could affect EMBs performance, a pace to
generate solidarity among EMBs
Harmonious liaison with different scenarios of the America‟s electoral world
Renewal of the topics that integrate the Americas‟ electoral agenda
To serve as a model and an inspirational source for other world‟s EMB association
initiatives
To bolster the strengthening of electoral institutions
23
139
Secretaría Ejecutiva
AVERAGE
0.64
0.45
0.73
0.45
0.00
0.45
0.27
0.18
0.09
0.09
0.27
0.18
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
These results are also shown in the following graph:
24
140
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
APPENDIX 7
IDEAS PRESENTED REGARDING THE FOLLOWING QUESTION
What are the main limitations the UNIORE undergoes in order to meet the current challenges?
1. Lack of budget.
2.11.
Lack of staff in the Executive Secretariat.
2.12.
Scant staff in order to address the assumed tasks.
2.13.
An absent of financial resources coming from EMBs.
2.14.
The members have to pay a financial fee
2.15.
UNIORE does not have its own resources.
2.16.
It has not been modified to the EMBs‟ changes.
2.17.
Lack of proper resources to finance and maximize its function.
3.
UNIORE‟s structure, functioning and rules do not respond to the advances of the political systems nor
to the current requirements of the EMB members
3.1. UNIORE is not updated with the current electoral themes that motivate our democracies.
3.2. UNIORE‟s TORs and objectives need to be reviewed in order to reflect the democratic ideals of
our reality
3.3. The administrative structure of UNIORE has to be updated according to the political and electoral
changes.
3.4. The guidelines have to be defined by the EMBs.
3.5. The EMBs are not represented in UNIORE‟s structure.
3.6. To review the Founding Charter, to adequate it to the new times and to the members‟
constitutions.
3.7. Lack of regional representation in the directive organism.
3.8. Lack of authority.
3.9. There are only Costa Ricans
3.10.
Lack of activities from the Coordination and Follow-Up Committee.
3. The association‟s potential has not been maximized to generate horizontal cooperation initiatives
3.1. The EMBs‟ designed resources, programs and methodologies to promote voters‟ participation have
not been fully shared
4. Absence of systematic activities between Conferences
4.1. Lack of continuance in the information shared by UNIORE‟s EMBs.
4.2. Lack of continuance between training programs.
4.3. Scant debating space for EMB‟s
4.4. Much time passes between conferences
4.5. There is a need to have more conferences to discuss ideas.
5. UNIORE does not have its own agenda
25
141
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
5.1. Bemusing between CAPEL‟s officers and UNIORE‟s Executive Secretariat
5.2. Absence of an annual plan of activities
5.3. There is no difference between CAPEL, as UNIORE‟s Executive Secretariat, and its NGO
character that has its own projects and financing.
5.4. UNIORE‟s agenda is subordinated to CAPEL‟s
6. Electoral observation missions are promoted through the Executive Secretariat or hosting EMBs, and not
by the UNIORE
6.1. UNIORE is not visible in the electoral observation missions, but CAPEL is.
7. Deficiency in establishing relationships with other specialized or homolog international organizations
7.1. Deficiency in establishing relations with other continent‟s homolog EMBs.
7.2. Deficiency in establishing relations with other specialized international organizations
8. EMBs‟ lack of commitment with the organization
9. Lack of capacity to follow up the recommendations of the electoral observation reports.
26
142
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
APPENDIX 8
IDEAS PRIORITIZED
What are the main limitations the UNIORE undergoes in order to meet the current challenges?
MAIN LIMITATIONS
1. Lack of budget.
UNIORE‟s structure, functioning and rules do not respond to the advances of the political
systems nor to the current requirements of the EMB members
The association‟s potential has not been maximized to generate horizontal cooperation
3.
initiatives
4. Absence of systematic activities between Conferences
5. UNIORE does not have its own agenda
Electoral observation missions are promoted through the
6.
Executive Secretariat or hosting EMBs, and not by the UNIORE
Deficiency in establishing relationships with other specialized or homolog international
7.
organizations
8. EMBs‟ lack of commitment with the organization
9. Lack of capacity to follow up the recommendations of the electoral observation reports.
2.
27
143
Secretaría Ejecutiva
AVERAGE
0.73
0.55
0.36
0.18
0.55
0.09
0.09
0.18
0.27
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
These results are also shown in the following graph:
28
144
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
APPENDIX 9
ROAD MAP
What must the UNIORE’s role in view of the challenges faced by the continent’s electoral authorities
nowadays be? (Where and how do we see the UNIORE in 5 years from now?)
Objective 1: An organism that coordinates and runs missions of electoral observation and
accompaniment in the American continent, which is referred in other latitudes
What to do?
How often?
With what resources (financial and human)?
To recognize the value and
systematization of what has been
learned on electoral observation in the
past 20 years
Once
A basic document to be presented in the Conference
Once
A proposal to revise and discuss the electoral
observation statutes to be submitted to the UNIORE‟s
unset organ.
To visualize the identity and
importance of UNIORE‟s observation
missions
In each mission
Institutionalization mechanisms in UNIORE
To agree to provide technical support
in the implementation of the
recommendations stated at the
mission‟s reports
Every time
each EMB
considers it
necessary
Communication and feedback mechanisms
To review and discuss the electoral
observation statutes in order to
consider its relevance to the evolution
of the current reality (for example, the
issue of accompaniment, the set of
guiding principles, the financing, the
integration, its importance and
visibility, its distinctive features and
monitoring, etc.).
29
145
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
To foster the information and training
function achieved by the electoral
observation missions
In each mission
30
146
Secretaría Ejecutiva
It can be fostered with the extant resources
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
Objective 2: The UNIORE has become the broadest and most active space to pose initiatives for
horizontal cooperation, technical assistance and exchanging of tools among the EMBs of the
American continent.
What to do?
To create and keep updated an
inventory of EMBs‟ resources, needs
and experiences for each of the
following topics: technology (in three
aspects: software, hardware and
human specialized resources),
electoral law, strategic advising, good
electoral practices (that generate all
actors‟ credibility) , voter‟s educations
and electoral training.
How often?
With what resources (financial and human)?
Each EMB should hand in an inventory
of best practices , resources and
availability to receive and send
electoral officers of other EMBs to
UNIORE‟s Executive Secretariat
Permanent,
every time
there are
changes and
innovations
they should be
notified to la
UNIORE
With the resources of each EMB and with those that
can be acquired thru UNIORE‟s management
To create UNIORE‟s webpage as a
liaison mean to inform and establish
communication between EMBs. EMBs
should create a link that enables them
to join into UNIORE‟s networking (ie.
Panama‟s Electoral Tribunal ISENInternational Service of Electoral
News-, that provides objective
information of all the world‟s electoral
matters)
To be created
as soon as
possible,
webpage
permanent
update
With the support of EMBs‟ human resources, by
assigning staff. Also, by seeking financing to bolster the
creation and maintenance of the webpage.
31
147
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
4.Que el intercambio bilateral se haga
notificando a UNIORE, informando a
los demás organismos a través de la
misma página web para que todos
sepan a quién acudir.
Crear un inventario de necesidades de
cada uno de los OE, el cual funja como
notificación a la UNIORE sobre esto.
To create a permanent liaison with
UNIORE, with a title position that
counts with the assistance of a high
electoral officer that implements and
follows up UNIORE‟s activities and is in
charge of holding the communication
between EMBs.
Since there is a need for openness to
receive and send EMBs electoral
officers to learn how things are done in
their country, EMBs should have the
disposition to do so.
Every time
there is an
exchange.
The same resources as thoseposed in the previous
activity
With the EMB‟s resources
Permanent
At the request
of the
requesting
country , as it
is required
According to each bilateral agreement.
Objective 3: An organization of international presence and relevance, that acts as a bridge between
similar organizations in the world
What to do?
How often?
To change the strategy in order for
UNIORE to become an actor with
international presence that bolsters
good practices and shares:
information, human capital, electoral
assistance, experiences and
Permanent
32
148
Secretaría Ejecutiva
With what resources (financial and
human)?
* To hire a couple of officers that work at
UNIORE‟s Executive Secretariat and
Presidency. They could work in countries
different to Costa Rica.
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
jurisprudence.
* To create thematic groups integrated by
UNIORE‟s members that jointly work on
different topics with the Executive
Secretariat and Presidency
* To obtain money from members and
partners. May be the members decide to
contribute in a non pecuniary manner, but in
kind to carry out the programs.
To share knowledge, experiences
and other activities with more
organizations (UN, OAS, EU, UA,
ACEEEO, Venice Commission), not
only on electoral topics but also in
human rights, civic education,
minorities, indigenous groups,
bicultural programs, among others.
To strengthen the relationship with
international NGOs (IFES, IDEA,
CAPEL)
To develop publications
To create, update and enrich the
databases that have the continent’s
countries’ constitutions, legislations
and resolutions (To know what is
being discussed on voter’s
accessibility, handicap people, and
social networks, among others. To
share the experience and
information on what it is being
developed in other countries)
To identify and follow up other
organizations’ activities and
projects that could be interesting for
UNIORE. This will allow UNIORE to
participate in a jointly and inclusive
manner.
To establish a practitioners network
(virtual forum) with UNIORE’s
members and other organisms on
Periodic
Permanent
The members could contribute with the
translation (Spanish, English, French)
With EMBs work.
Permanent
The EMB have resources and experts that
could be shared.
Permanent
The EMBs have resources and experts that
could be shared.
33
149
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
the topics: conflict resolution,
rights, advice on the use and
acquisition of technology, among
other.
To maintain and reinforce the
presence within other continent’s
electoral spaces, meetings and
organizations
Objective 4: It has been consolidated as a space for the building of principles and for the reflection
on electoral matter in the Americas
What to do?
An electoral statistical yearbook
containing information of each
country‟s electoral rolls and results performance indicators – with
enough research elements on
gender and vulnerable groups
How often?
Anual
With what resources (financial and human)?
The technical committee should coordinate the elaboration
of statistical yearbooks with the EMB‟s contributions. Cofinancing.
To have an editorial where relevant
papers on electoral systems, such
electoral laws and EMBs and
electoral tribunals‟ performance, are
published
To have a training strategy that
includes the organization of
seminars, conferences, workshops
and courses in order to produce
doctrinal reflection that nurtures the
editorial
2 annual
publications
(1 per
semester)
Each EMB member should periodically be in charge of the
publications editing process.
Permanent
Cooperation agreements between EMB members and
with other institutions
To establish a permanent
comparative program on the
Americas‟ electoral and
jurisprudence systems.
To have an
Almanac prior to
the elections of
each member. To
integrate other
regions‟ experts.
Annual meeting to
analyze the
To create a financing system with equal contributions
according to its financial capacity.
34
150
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
region‟s electoral
processes (in the
framework of each
conference).
To establish an academic and
educative liaison with specialized
universities, electoral schools and
NGOs.
To create a communication network
between EMBs for sharing
information and resources
Permanent
Cooperation agreements with universities and schools.
Support from scientific research agencies.
Dominican Republic Electoral School
Permanent
Extensive use of the EMB‟s TICs
A webpage exclusively for UNIORE (Agreement number
12 of the X Conference)
It is important to consider the efforts of other specialized institutions (OAS, IDEA, IFES, etc.)
Objective 5: To be a self-sustainable entity through agreed sources of financing and member’s
contributions
What to do?
Each member should pay a nominal fee
(ie. 10 000 USD)
How often?
Anual
In addition to the nominal fee there should
be a contribution based on the electoral list.
(In some cases, this payment should be
gradual or according to their budgetary
dispositions).
To raise voluntary financial contributions
from international organizations (EU, IFES,
IDEA, UN, NDI, WB), regional organizations
(OAS, Caribbean Bank, IDB, CIDA), national
organizations and electoral management
bodies.
All year long
With what resources (financial and human)?
1. To have a pull with persons whose personal
skills facilitate the task of fund raising, as well
as to have a roster of organizations that could
donate funds.
2. Presidency’s role:
 To administrate UNIORE’s activities
 To verify that the money rose is properly and
usefully used.
 To foster the continuance of raise funding.
 To have staff exclusively working in this task
(proposal writing and raise funding).
3. Coordination and follow up committee:
 To follow up UNIORE’s activities
35
151
Secretaría Ejecutiva
INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS
Each member will contribute with financial,
material or human resources
All year long
Management cost
Do not lose the continuity achieved. To maintain the
advantage of having only one institution in charge of
administrating the resources.
36
152
Secretaría Ejecutiva
6. PRESENTATION OF THE PLAN OF ACTION
WITHIN THE FRAMEWORK OF THE “REPORT ON
THE UNIORE’S WORK GROUP SESSION”
(MEXICO, JULY 13 AND 14 AND NOVEMBER,
2011)”.
6. N. CONCLUSIONS EXTRAORDINARY MEETING
IN MEXICO, NOVEMBER 2011
153
INTER-AMERICAN UNION OF ELECTORAL BODIES
(UNIORE)
EXTRAORDINARY MEETING
(Mexico City, November 10th and 11th, 2011)
CONCLUSIONS
The representatives of the electoral authorities of Antigua and Barbuda, Argentina, Bolivia, Chile, Costa Rica,
Dominican Republic, Ecuador, El Salvador, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru,
Puerto Rico, United States of America, Uruguay and Venezuela, which attended the Extraordinary Meeting
celebrated in Mexico City on November 10th and 11th, 2011, declare the following:
I.
The Roadmap and Diagnostic that were made by the Work Group that held a session in Mexico City on July
13th and 14th, 2011, in order to tend to the new needs of the UNIORE, are known and supported. There is
wide recognition to the results accomplished.
II.
Complementing the document presented by the Work Group, the Plenary of the Extraordinary Meeting puts
an emphasis on the next topics:
1. Within the framework of Objective 1 of the Roadmap (an organism that coordinates and runs missions of
electoral observation and accompaniment in the American continent, which is referred in other latitudes),
the following was stated:
A. The elaboration of a Protocol for Electoral Observation Project within the framework of UNIORE,
where new themes, modalities of observation and terms are established to carry out the observation
missions.
2. Within the framework of Objective 2 of the Roadmap (the UNIORE has become the broadest and most
active space to pose initiatives for horizontal cooperation, technical assistance and exchanging of tools
among the EMBs of the American continent) , the following was stated:
A. The incorporation of electronic publications of the member bodies to the UNIORE’s web site, and
their classification.
3.
Within the framework of Objective 3 of the Roadmap (an organization of international presence and
relevance, that acts as a bridge between similar organizations in the world), the following was stated:
A. Redefining and strengthening the role of the Presidency of UNIORE, as well as the coordination
and liaison mechanisms with the Executive Secretariat.
Secretaría Ejecutiva
154
1
INTER-AMERICAN UNION OF ELECTORAL BODIES
(UNIORE)
4.
Within the framework of Objective 4 of the Roadmap (it has been consolidated as a space for the
building of principles and for the reflection on electoral matter in the Americas) in the part that
corresponds to “the UNIORE has consolidated itself as a space for electoral doctrine in the Americas”,
the following was stated:
A. Insisting on the importance of establishing different programs and instances in terms of civic
education and civic-electoral training.
B. Pointing out the increasing value that electoral jurisprudence has achieved and the value its
systematization has.
5.
Within the framework of Objective 5 of the Roadmap (to be a self-sustainable entity through agreed
sources of financing and member’s contributions), the following was stated:
A. Integrating a Commission that studies different formulas to ensure sustainable financing for the
UNIORE, including fee diversity, contributions from international organisms, and proposals of
projects that can be financed.
This commission will be integrated by the Presidency of the UNIORE, currently held by the Federal
Electoral Institute and the Electoral Tribunal of the Judicial Branch of the Federation, from Mexico;
by the Presidency of the Tikal Protocol, currently held by the National Electoral Tribunal of
Honduras; by the Presidency of the Quito Protocol, currently held by the Superior Tribunal of
Electoral Justice of Paraguay,; by the Central Electoral Board of the Dominican Republic, in its
position as host to the XI Conference; by the Electoral Commission of Jamaica, and by the
Executive Secretariat.
B. Considering a planning and programming work system for medium and long terms.
Given in Mexico City, Friday 11 November 2011.
Secretaría Ejecutiva
155
2
6. PRESENTATION OF THE PLAN OF ACTION
WITHIN THE FRAMEWORK OF THE “REPORT ON
THE UNIORE’S WORK GROUP SESSION”
(MEXICO, JULY 13 AND 14 AND NOVEMBER,
2011)”.
6. O. PLAN OF ACTION WITHIN THE
FRAMEWORK OF THE “REPORT ON THE
UNIORE’S WORK GROUP SESSION” (MEXICO,
JULY 13 AND 14 AND NOVEMBER, 2011)”.
SUBMITTED BY THE PRESIDENCY OF UNIORE
156
Action Plan Based on the Framework of the "Report on
the Session of UNIORE Working Group
(Mexico, July 13-14, 2011)"
PROGRAM:
STRENGTHENING
DEMOCRATIC
GOVERNANCE
AND
ELECTORAL INSTITUTIONALISM
Proposal of the Action Plan of UNIORE, Paper Submitted during the
Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013
157
1
Quito, Ecuador, February13, 2013
I.
Background
With the advent of democracy in Latin America, there has been a
growing concern for the electoral processes as a constituent element
of the democratic legitimacy of their authorities. On the other hand,
the concern for the electoral bodies, their institutionalism, and their
improvement processes that emerge after each election, has been
little or nil.
A significant number of Latin American Electoral Bodies has
reached full age in terms of operations and elections held, processes
that have not been exempted of difficulties and limitations, but which
without doubt have contributed to the consolidation of democracy in
the region.
But today, citizens are more demanding with their institutions, and
informed, clean, and transparent processes are not enough; today
the quality of electoral processes demands other technical and
democratic standards, hoping to provide higher and better legitimacy
to the democratic institutions in the Continent and their key bodies.
The opportunity given by this new political, technical, and
democratic demand represents an attractive space to develop
proposals in the areas of public policy and specialized technical
advice to improve, harmonize, and progressively standardize the
work and development of Latin American electoral bodies.
Proposal of the Action Plan of UNIORE, Paper Submitted during the
Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013
158
2
In this context, UNIORE seems to be the ideal place to develop
actions in the aforementioned areas through the use of systematic
horizontal cooperation because it is the only organization with a
technical installed capacity to make the necessary changes in the
Hemisphere. Therefore, the question is: What are the requirements
to implement a program of this nature?
To answer the question, we should distinguish two kinds of
actions:
1. Actions (projects, programs, advice, etc.) to be directly
implemented by the Presidency of UNIORE.
2. Actions to be jointly implemented with other institutions,
basically academic ones.
These kinds of actions allow achieving the foundational objectives
of UNIORE, i.e.:
a) Improve the cooperation among the Member Associations of
the Union, as well as among their Member Electoral Bodies.
b) Promote an exchange of information related to electoral
systems.
c)
Encourage the participation of the representatives of the
member Bodies, in their capacity as observers of electoral
processes.
Proposal of the Action Plan of UNIORE, Paper Submitted during the
Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013
159
3
d)
Make general recommendations to the Member Bodies of the
Union.
e)
Promote safe, efficient, and democratic electoral systems that
ensure the casting of free, universal, and secret votes.
f)
Give support and assistance, to the extent possible, to
Electoral Bodies, if necessary. This Organization is composed
of three bodies:
1. The Inter-American Conference of Electoral Bodies
(which meets regularly every two years),
2. The Presidency (exercised by a country for a two-year
term),
3. The Executive Secretariat (exercised since 1991 by
CAPEL, an independent body of the IIHR). This body
basically operates through the adoption of Agreements
developed during the Inter-American Conferences and which
include recommendations, guidance, and work plans for the
entire organization.
As seen in these duties, the actions of UNIORE are summarized in
two categories: promotion and cooperation.
The promotion tasks are partially fulfilled by the Executive
Secretariat
under
CAPEL
(Center
for
Electoral
Promotion
and
Assistance) based on courses that do not grant an academic
certification in the different electoral areas. Within this framework,
Proposal of the Action Plan of UNIORE, Paper Submitted during the
Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013
160
4
there is a set of tasks that might be fulfilled under the direct
supervision of the Presidency of UNIORE, with prestigious academic
institutions.
However, the cooperation tasks have been left behind basically
due to the financial difficulties of the Executive Secretariat. In this
state of development, hemispheric horizontal cooperation seems to
be the most financially and technically viable formula. Moreover, from
a technical point of view, horizontal cooperation has the basic quality
of generating a two-way learning process, both by the person who
gives the assistance and the specialist, who should give advice within
a context different from the original one. This would allow creating a
UNIORE
“trademark”
of
technical
excellence,
which
could
be
developed not only at a hemispheric level, but also at an extrahemispheric level, for example, South-South cooperation.
From the aforementioned perspective, today UNIORE is the only
hemispheric body capable of gathering the Electoral Bodies that carry
out organizational and electoral jurisdictional tasks. This composition
gives it a unique nature in the Hemisphere to define its duties,
powers, and advantages.
On the other hand, in this community of electoral tasks, we can
find four categories:
1. International Organizations of public law: the UN and the
OAS.
2. International NGOs: IFES, NDI, IRI, and the Carter Center.
3. National NGOs: With a few exceptions, they fulfill duties in
the national territory.
Proposal of the Action Plan of UNIORE, Paper Submitted during the
Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013
161
5
4. Horizontal organization mechanisms: UNIORE, Protocols of
Quito and Tikal.
Finally, regarding the promotion of Democracy, every index
indicates that electoral bodies are among the most valuable bodies of
the State. Moreover, due to the inability, for reasons endogenous or
exogenous to the State, to carry out different tasks to promote
democratic values and practices, the possibilities of the electoral
bodies to carry out these tasks are an inevitable and necessary duty.
In this area, electoral bodies should become not only judges of the
electoral contest, but also Democracy Institutes [1]. Regarding this,
some countries have increasingly assumed, besides their traditional
tasks of electoral process organization and evaluation, other tasks
such as the promotion of democracy. In this sense, UNIORE, as a
synthesis of these state organizations, could define an agenda for the
promotion of Democracy through concerted actions that might result
in the institutionalism of bodies for the exchange, debate, and
analysis of Democracy in the Region. Nowadays, there is just one
hemispheric initiative in this sense, which is developed under the
auspices of the IFE (Federal Electoral Institute) from Mexico, the socalled “Forum of Democracy,” which is developing its third version.
Within this context, UNIORE has a significant pool of human
resources and materials to carry out its tasks. Irrespective of these
conditions, these bodies still rely upon external institutions to fulfill
its duties. This happens because in spite of its good level of citizen
approval, these bodies are under constant pressure by national
political actors. Therefore, there is a need to have an organically
external technical support to coordinate the human resources in
Proposal of the Action Plan of UNIORE, Paper Submitted during the
Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013
162
6
order to take concerted actions that are trustworthy enough for this
kind of state duties.
II.
General Objective
Provide UNIORE with a comprehensive program to promote and
expand its activities in the areas of electoral cooperation and the
promotion of Democracy, thus becoming a hemispheric electoraltechnical benchmark.
III. Specific Objectives
a. Give the electoral bodies horizontal cooperation options
articulated in UNIORE.
b. Consolidate and systematize electoral practices in accordance
with quality standards to allow Electoral Bodies to rely upon
validated technical experiences.
c. Improve Democracy promotion actions at the hemispheric
electoral bodies.
d. Systematize the needs, recommendations, and experiences at
a hemispheric level.
Proposal of the Action Plan of UNIORE, Paper Submitted during the
Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013
163
7
IV.
Deliverables
The deliverables set forth in this proposal are aimed at explaining the
objectives and valuing the current leadership of the organization by
providing it with specific, measurable, comparable, and reproducible
tools in compliance with the best political and technical standards in
the region. Thus, their implementation makes them powerful tools of
dissemination, promotion, and political dialogue among peers.
The deliverables will be as follows:
a. Creation of UNIORE institutional image.
b. Regarding Electoral Cooperation:
1. Create a database of electoral specialists and technicians.
2. Create a methodology to certify national organizations aimed
at conducting a national observation.
3. Develop
an
integrated
database
of
recommendations,
resolutions, and post-electoral reforms.
4. Conduct a comparative analysis about the different laws on
political party financing.
5. Support
regional
Regulatory
Framework
Modernization
projects to improve Electoral Process Management.
c. Regarding the Promotion of Democracy:
1. Create an Electoral Observatory based on the indexes
provided by Latinobarómetro.
Proposal of the Action Plan of UNIORE, Paper Submitted during the
Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013
164
8
2. Create an Inter-American Program for the Promotion of
Democracy.
3. Develop
professionalization
programs
on
Electoral
Jurisprudence and Law aimed at Justices.
4. Keep
permanent
professionalization,
improvement,
and
training programs aimed at technical officials and urge
member Electoral Bodies to raise funds.
5. Create a Teaching Program with an academic certification
and online courses aimed at officials from Electoral Bodies
and political parties.
6. Conduct studies, research, and academic activities on
specific topics such as political participation, representation
systems, electoral mapping, etc.
d. Regarding Electoral Observation:
1.- Implement an Electoral Accompaniment Protocol.
2.- Create the institutional image of Missions.
3.- Create specific qualitative methodologies.
Proposal of the Action Plan of UNIORE, Paper Submitted during the
Extraordinary Meeting of UNIORE, Quito, Ecuador, February 13, 2013
165
9
7. DISCUSSION ABOUT UNIORE’S BUDGET
MATTERS.
7. PROPOSAL EMERGED WITHIN UNIORE´S
GROUP SESSION IN MEXICO, JULY 2011
166
Global plan of activities
Objetive 5: To be a self-sustainable entity through agreed sources of financing and member’s
contributions
What to do?
Each member should pay a nominal fee
(ie. 10 000 USD)
How often?
Anual
In addition to the nominal fee there should
be a contribution based on the electoral
list.
(In some cases, this payment should be
gradual or according to their budgetary
dispositions).
To raise voluntary financial contributions
from international organizations (EU, IFES,
IDEA, UN, NDI, WB), regional organizations
(OAS, Caribbean Bank, IDB, CIDA), national
organizations and electoral management
bodies.
All year long
Each member will contribute with financial,
material or human resources
All year long
With what resources (financial and human)?
1. To have a pull with persons whose personal
skills facilitate the task of fund raising, as well
as to have a roster of organizations that could
donate funds.
2. Presidency’s role:
 To administrate UNIORE’s activities
 To verify that the money rose is properly and
usefully used.
 To foster the continuance of raise funding.
 To have staff exclusively working in this task
(proposal writing and raise funding).
3. Coordination and follow up committee:
 To follow up UNIORE’s activities
Management cost
Do not lose the continuity achieved. To maintain the
advantage of having only one institution in charge of
administrating the resources.
167
8. OBSERVATION PROTOCOL
8. Q. OBSERVATION PROTOCOL
MISSIONS
PROJECT SUBMITTED BY THE FEDERAL
ELECTORAL INSTITUTE OF MEXICO
168
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS
OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES
(UNIORE)
The Inter-American Union of Electoral Authorities (UNIORE) Constitutive Chart establishes, as one of its
objectives, to encourage the participation of its members as observers in the electoral processes upon the
invitation of the country where they will be held.
It is widely known among members of the Union that electoral observation is one of the most recurrent activities of
this regional mechanism. This statement is based on the fact that the Center for Electoral Promotion and
Assistance of the Inter-American Institute of Human Rights (IIHR-CAPEL), in its use of powers as Executive
Secretariat of the Association of Central American and the Caribbean Electoral Authorities (Tikal Protocol), the
Association of South American Electoral Authorities (Quito Protocol) and the UNIORE itself, has coordinated
more than 240 electoral observation missions in 22 countries between April 1985 and June 2012.
The permanence and continuity of this type of activities have generated a positive effect among members of the
Union since the frequency of the development of electoral observation and accompaniment missions have
contributed to the cohesion of the Union and their member’s knowledge.
From 10 to 12 November 2010, the X UNIORE Conference took place in Merida, Mexico. As part of agreements
reached in this meeting, a Work Group responsible for developing a diagnosis and a roadmap to meet new needs
and requirements of the Union was created.
This Work Group, integrated by the Chile’s Electoral Service, the National Electoral Council of Ecuador, the
Supreme Electoral Tribunal of El Salvador, the Federal Election Commission of United States, the Electoral
Commission of Jamaica, the Federal Electoral Institute of Mexico, the Electoral Tribunal of Judicial Power of the
Federation of Mexico, the Electoral Tribunal of Panama, the Central Electoral Board of the Dominican Republic,
the National Electoral Council of Venezuela and the Center for Electoral Promotion and Assistance of the InterAmerican Institute of Human Rights, met in Mexico City on 13 and 14 July 2011.
The relevance of the electoral observation and accompaniment missions was reflected in the diagnosis generated
by the Work Group, which established that the UNIORE is "the organization that coordinates and conducts
electoral observation and accompaniment missions in the Americas and serves as referring point in other
latitudes".
Therefore, as part of the roadmap for meeting the new needs of UNIORE, one of the proposed steps to follow
was to “review and discuss what the statutes on electoral observation establish in order to consider its suiting to
the evolution of today's reality”.
The proposals generated by the Work Group were brought to the table for discussion among members of the
UNIORE during the Extraordinary Conference held on 10 and 11 November 2011 in Mexico City.
In this meeting, the Diagnosis and the roadmap developed by the Work Group were supported in order to meet the
new needs of UNIORE, including those related to electoral observation.
1
169
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
Simultaneously, and as part of the conclusions, the following was stated:
To develop a Draft Protocol for electoral observation within the framework of UNIORE, in which new topics,
operational modalities and terms to carry out observation missions should be established.
Following the aforementioned conclusion, the Draft Protocol for UNIORE’s electoral observation missions, which
collects and reflects the comments made by members of the Work Group, is placed in the table for its
consideration.
The purpose of this Draft Protocol is to have a general framework, which could be used in the development of
electoral observation and accompaniment missions organized as part of the activities of the Inter -American Union
of Electoral Organizations.
It is important to stress out that, in compliance with the provisions established on Article Three of the Constitutive
Chart of the UNIORE, the contents of this Protocol have the quality of recommendations and guidelines for the
institutions that integrate the Union. In no way does it intend to compel the members of this mechanism to follow
guidelines that might even go against their own legislation.
2
170
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS
OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES
Complying with the guidelines of the Constitutive Charter of the Union, this Protocol lists a series of
recommendations for the preparation, development and completion of the international missions performed within
the framework of the elections organized by the members of the Inter-American Union of Electoral Organizations
(UNIORE).
Additionally, it is about integral recommendations. That is, it refers to both the possible actions to be taken by the
host electoral authority or authorities, and the actions to be taken by the Executive Secretariat of the UNIORE, as
well as by the representatives of electoral bodies that integrate the mission.
OBJECTIVE OF THE MISSION
1. The objective of electoral observation and accompaniment missions of the Inter-American Union of Electoral
Organizations (UNIORE) is to offer the society and public opinion of the country where the election is taking place,
as well as to the interested international community, an external, independent and impartial view of the electoral
process from a technical perspective provided by election officials of the Americas.
CREATION OF THE MISSION
2. The authority or authorities in whose country elections will be held should define the characteristics of the
integration of UNIORE’s mission, based on the following criteria:
• UNIORE electoral authorities of to be invited.
• Funding to be provided for each of them.
• Overview of the program activities.
This information will be forwarded to the Executive Secretariat, together with the electoral authority or authorities
request of support from this body.
In case the host institutions are interested in inviting other electoral authorities and international actors different
from UNIORE, it may also inform the Executive Secretariat.
3. Each of the missions integrated by members of UNIORE will have a Head of Mission, who will be responsible
for leading the group, collaborating with the host electoral authority or authorities and the Executive
Secretariat in developing the work of the mission, as well as representing the mission with other actors,
including the media.
These functions will be vested upon the President of one of the electoral bodies members of the UNIORE. The
Presidency will be designated in shifts, always trying that the Head of Mission can easily communicate in the
language of the host country.
The designation of the Head of Mission will be made by the host authority or authorities, after consulting with the
Executive Secretariat on the officers appointed for this task.
3
171
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
PREVIOUS ACCOMPANIMENT
4. In order to have a more a comprehensive accompaniment of the elections, the host authorities will agree on at
least one accompaniment mission prior to Polling Day with the Executive Secretariat.
The host authorities and the Executive Secretariat will define jointly the integration, the agenda and the financing
mechanisms for each mission, and they will try that the Head of the Mission takes part in it.
5. When the works of each of the missions prior to election day are over, the electoral authorities will arrange for
them to have a meeting with the press in order to comment on the characteristics of the mission activities.
6. After each visit of the accompaniment mission, a report will be delivered which will be part of the materials
provided for the members of the mission that will be carried out on Election Day, in case it is done before that day,
and it will be part of the final Report delivered to the Executive Secretariat.
INTEGRATING THE MISSION
7. The host electoral authority or authorities will attempt, as much as possible, to invite all the members of
UNIORE, stating in every case the complete financing criteria which they may offer to the guests according to their
possibilities.
8. The member bodies of UNIORE invited to take part in the mission will designate their own representatives for
this group, in the understanding that the members of the mission will commit to comply with the legal guidelines at
all times and everywhere.
PREPARING THE MISSION
9. The host electoral authority or authorities will prepare informative material about the elections to be observed,
which may include the following aspects:
a. Characteristics of the Executive Power, including the election principle, requirements to take on the
post, main powers and the results of the most recent election for such post.
b. Characteristics of the Legislative Power, including the number of chambers that compose it, the
election principle for its members.
c. Characteristics of the electoral authority, including its general structure, the mechanism for the
election or designations of its members, requirements for the post and main powers.
d. Legal regime for political parties, including requirements for their registration, rights for financing,
access to media and registration of candidates, including gender and specific population group
quotas, as well as obligations, accountability among others. Also, causes for register loss.
e. Considerations on the election to be observed, highlighting the posts to be elected, the competing
party organizations and coalitions, main candidates, the conditions of the competition, the main
characteristics of the election organization, the procedure to cast a vote and the setting of polling
sites.
4
172
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
Such document will be delivered to the members of the mission preferably at least 15 natural days prior to the
beginning of the corresponding activity agenda.
Likewise, in case they were done, an executive summary of any prior accompaniment mission(s) carried out
by UNIORE should be delivered to them.
10. The host electoral authority or authorities will prepare an Informative Program for the members of the mission
during the days previous to the election. This program may contain academic activities to present the main
characteristics of the electoral process going on. Host electoral authority or authorities may ask for the Executive
Secretariat’s support for the preparation or development of this Program.
MISSION ACTIVITIES
11. Host electoral authority or authorities will offer, as much as possible, the logistic support for the members of
the mission during their stay in the venue country, including defining a venue hotel for the mission.
12. The members of the mission, representatives of the electoral authorities that form the UNIORE, will attend
each and every one of the activities of the work program offered by the host electoral authority or authorities. This
is a way to show respect for the citizens of the host country, taking into consideration that the resources that
sponsor the mission are a result of their tax payment.
13. The host electoral authority or authorities and the Executive Secretariat will define the number, integration and
observation routes for Election Day together. They will also define the mechanisms the members of the mission
will use to collect the information on what was observed during their tours.
14. When the activities corresponding to Election Day are over, host electoral authority or authorities will make the
necessary arrangements for the members of the mission to hold an evaluation session, which will be held by the
Head of the Mission and the Executive Secretariat. Host authorities will not take part in this session.
PREPARATION AND PRESENTATION OF THE MISSION REPORT
15. The Head of the Mission and the Executive Secretariat will prepare the final Report, including preferably
compared aspects, so that comments can be read in a different context.
16. When the Report is finished, it will be presented to the host electoral authority or authorities, in an exercise
where officers from such authorities, the Executive Secretariat and the Head of the Mission will analyse its main
characteristics.
17. Host electoral authority or authorities will make the necessary arrangements for a public presentation of the
Report, as well as for spreading it amongst potentially interested audiences.
5
173
8. OBSERVATION PROTOCOL
8. R. COMPARATIVE MATRIX OF SUGGESTIONS
AND COMMENTS ABOUT THE PROTOCOL
OBSERVATION MISSIONS PROJECT
174
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS
OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES
(UNIORE)
The Inter-American Union of Electoral Authorities (UNIORE) Constitutive Chart establishes, as one of its
objectives, to encourage the participation of its members as observers in the electoral processes upon the
invitation of the country where they will be held.
It is widely known among members of the Union that electoral observation is one of the most recurrent activities of
this regional mechanism. This statement is based on the fact that the Center for Electoral Promotion and
Assistance of the Inter-American Institute of Human Rights (IIHR-CAPEL), in its use of powers as Executive
Secretariat of the Association of Central American and the Caribbean Electoral Authorities (Tikal Protocol), the
Association of South American Electoral Authorities (Quito Protocol) and the UNIORE itself, has coordinated
more than 240 electoral observation missions in 22 countries between April 1985 and June 2012.
The permanence and continuity of this type of activities have generated a positive effect among members of the
Union since the frequency of the development of electoral observation and accompaniment missions have
contributed to the cohesion of the Union and their member’s knowledge.
From 10 to 12 November 2010, the X UNIORE Conference took place in Merida, Mexico. As part of agreements
reached in this meeting, a Work Group responsible for developing a diagnosis and a roadmap to meet new needs
and requirements of the Union was created.
This Work Group, integrated by the Chile’s Electoral Service, the National Electoral Council of Ecuador, the
Supreme Electoral Tribunal of El Salvador, the Federal Election Commission of United States, the Electoral
Commission of Jamaica, the Federal Electoral Institute of Mexico, the Electoral Tribunal of Judicial Power of the
Federation of Mexico, the Electoral Tribunal of Panama, the Central Electoral Board of the Dominican Republic,
the National Electoral Council of Venezuela and the Center for Electoral Promotion and Assistance of the InterAmerican Institute of Human Rights, met in Mexico City on 13 and 14 July 2011.
The relevance of the electoral observation and accompaniment missions was reflected in the diagnosis generated
by the Work Group, which established that the UNIORE is "the organization that coordinates and conducts
electoral observation and accompaniment missions in the Americas and serves as referring point in other
latitudes".
Therefore, as part of the roadmap for meeting the new needs of UNIORE, one of the proposed steps to follow
was to “review and discuss what the statutes on electoral observation establish in order to consider its suiting to
the evolution of today's reality”.
The proposals generated by the Work Group were brought to the table for discussion among members of the
UNIORE during the Extraordinary Conference held on 10 and 11 November 2011 in Mexico City.
In this meeting, the Diagnosis and the roadmap developed by the Work Group were supported in order to meet the
new needs of UNIORE, including those related to electoral observation.
1
175
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
Simultaneously, and as part of the conclusions, the following was stated:
To develop a Draft Protocol for electoral observation within the framework of UNIORE, in which new topics,
operational modalities and terms to carry out observation missions should be established.
Following the aforementioned conclusion, the Draft Protocol for UNIORE’s electoral observation missions, which
collects and reflects the comments made by members of the Work Group, is placed in the table for its
consideration.
The purpose of this Draft Protocol is to have a general framework, which could be used in the development of
electoral observation and accompaniment missions organized as part of the activities of the Inter -American Union
of Electoral Organizations.
It is important to stress out that, in compliance with the provisions established on Article Three of the Constitutive
Chart of the UNIORE, the contents of this Protocol have the quality of recommendations and guidelines for the
institutions that integrate the Union. In no way does it intend to compel the members of this mechanism to follow
guidelines that might even go against their own legislation.
2
176
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS
OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES
Complying with the guidelines of the Constitutive Charter of the Union, this Protocol lists a series of
recommendations for the preparation, development and completion of the international missions performed within
the framework of the elections organized by the members of the Inter-American Union of Electoral Organizations
(UNIORE).
Additionally, it is about integral recommendations. That is, it refers to both the possible actions to be taken by the
host electoral authority or authorities, and the actions to be taken by the Executive Secretariat of the UNIORE, as
well as by the representatives of electoral bodies that integrate the mission.
OBJECTIVE OF THE MISSION
Article
Observations1
1. The objective of electoral CEB of The Dominican Republic
The following is highlighted in yellow: “THE objective of the
observation and accompaniment
missions of the Inter-American
electoral observation and accompaniment missions of the InterUnion of Electoral Organizations
American Union of Electoral Organisms (UNIORE) is to offer the
(UNIORE) is to offer the society and
national electoral authorities ....”
public opinion of the country where
the election is taking place, as well SET of Guatemala
as to the interested international “The Observers, in response to a previous invitation, have an
community,
an
external, Objective: to develop their brief administrative period in a responsible
independent and impartial view of manner and to show a positive disposition towards teamwork, doing
the electoral process from a so with prudence and respect, seeking to abide to the observation
technical perspective provided by regulations of each electoral Organ and of each country’s nature”
election officials of the Americas.
NEC of Ecuador
The first word “EL” (THE) has two capital letters, when the
appropriate would be “El” (The), due to it being the first word at the
beginning of the paragraph.
1
In this space, the Executive Secretariat has included the observations that each Electoral
Organism contributed for each article.
3
177
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
CREATION OF THE MISSION
Article
Observations
2. The authority or authorities in whose country CEB of The Dominican Republic
elections will be held should define the Replaces this article’s last paragraph with “The
characteristics of the integration of UNIORE’s electoral authorities or other international actors
mission, based on the following criteria:
that do not belong to the UNIORE and that are
invited by the host entities will not be part of
• UNIORE electoral authorities of to be invited.
UNIORE’s observation mission”.
• Funding to be provided for each of them.
• Overview of the program activities.
SET of Costa Rica
This information will be forwarded to the Executive Observations:
Secretariat, together with the electoral authority or
“…for the Executive Secretariat to be
authorities request of support from this body.
informed if the host organism decides to invite
electoral authorities and international actors
In case the host institutions are interested in inviting besides the UNIORE”.
other electoral authorities and international actors
“…the Union’s group will always act with
different from UNIORE, it may also inform the
independence in relation to other observers.
Executive Secretariat.
This group will precisely deal with the
indicated characteristics that make up its
particular purpose, which implies that the
evaluation session will be held with at least
the sole participation of the members of the
UNIORE.”
Electoral Tribunal
of Mexico
The acronym UNIORE, as written in
its second mention, is in incorrect
order.
NEC of Ecuador
… The following is written in the
first bullet of the second item:
“Electoral Authorities that make up
the UNOIRE that will be invited”,
when the correct would be writing
“UNIORE”.
… in this item’s last paragraph, the following is
literally pointed out: “In case that the host entities
are interested in inviting electoral authorities and
4
178
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
other international actors besides UNIORE’s
members, “it may also notify this to the Executive
Secretariat” The highlighted text must be in its plural
form in order to be in syntactic accordance to the
phrase “they may”. “It is recommended to write the
last paragraph in the following way: In case the host
entities are interested in inviting electoral
authorities other than UNIORE’s members, they
may also notify the Executive Secretariat, if they
consider this pertinent in order to attain
cooperation between the international missions”.
Article
Observations
3. Each of the missions CEB of The
integrated by members of Dominican
UNIORE will have a Head Republic
of Mission, who will be Second paragraph. It is suggested for it to say “these tasks will be a
responsible for leading responsibility of the Presidency of the UNIORE ...”:
the group, collaborating
with the host electoral Third paragraph: It is suggested for it to say “the appointment of the
authority or authorities Head of the Mission will be done by the Presidency of the UNIORE
and
the
Executive ...”
Secretariat in developing
the work of the mission,
as well as representing SET of Costa Rica
the mission with other “We suggest revising the proposal, since it attributes the local
actors, including the electoral organism the power to define the Head of the Mission, while
this would seem to be incompatible with the autonomy that the
media.
Mission must also have in relation to the host”.
These functions will be vested
upon the President of one of SET of Guatemala
the electoral bodies members “We recommend for there to be an indication of how the Head of the
of
the
UNIORE.
The Observation Mission is elected, so that its other members can
Presidency will be designated strengthen the team that they will make up and so that they may offer
in shifts, always trying that the their abilities in order for work to be shared. The Head of the Mission is
Head of Mission can easily responsible of representing all of the UNIORE’s members.”
communicate in the language
“One of the necessary conditions of the Head of the Mission is for herof the host country.
him to speak the country’s language. This will avoid additional
The designation of the Head of translation expenses for the host country”.
Mission will be made by the
host authority or authorities, Electoral Tribunal of Mexico
after consulting with the It is suggested to leave only the last paragraph’s first part of the
sentence: “The selection of the Head of the mission will be done by the
5
179
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
Executive Secretariat on the host electoral authority or authorities”; and allow for consultations to
officers appointed for this task. the Executive Secretariat to be by agreements between the host and the
organizer”
NEC of Ecuador
“In this regards, in relation to the goal of keeping harmony regarding
each country’s discretional and regulatory faculties for the application
of the criteria of observation and accompaniment, it is considered
important to always be able to count on consultations to the Executive
Secretariat, leaving evidence that such pronouncement is not binding;
that it is for reference purposes. In virtue of this, the following reform to
the mentioned text is suggested: The designation of the Head of the
Mission will be done by the host electoral authority or authorities, with
a previous, non-binding consultation to the Executive Secretariat
regarding officials that have been designated for such task.”
“In the penultimate paragraph, which refers to ……., the possible
participation of the delegate of the President of the member
electoral organisms must be included, since this guarantees more
effectiveness. Substituting the words “conflicting with”
(“pugnando”) for “making sure” It is also recommended” is also
suggested, with the text resulting in the following way: These tasks
will fall on the President of some of the UNIORE’s member electoral
authorities or its delegate, being the case that this task will be
assigned in a rotating manner and always making sure that the
Head of the Mission is able to communicate in the host country.
Canada’s Elections
A clarification must be made regarding the process of designating
Heads of the Missions (for example, whether the decision is made by
the “EMB” or whether the position is rotating, among others).
The time available for the electoral authorities to assign tasks and to
name Heads of Mission should be taken into account.
TCE ECUADOR
“In virtue of the nature of the electoral accompaniment and
observation missions, I believe they must keep certain distance in
relation to the observed or host institutions.
In this regards, the Protocol Draft, the subject under study, defines,
among other faculties, the host institution’s ability to define who
will be the person that will act as a Head of the Mission, which
definitely diminishes the Independence of the observer group”.
6
180
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
PREVIOUS ACCOMPANIMENT
Article
Observations
4. In order to have a more a comprehensive CEB of The
accompaniment of the elections, the host authorities Dominican
will agree on at least one accompaniment mission prior Republic
The first paragraph suggests “With the intention
to Polling Day with the Executive Secretariat.
of having a more comprehensive or holistic
The host authorities and the Executive Secretariat will accompaniment to the elections in which the
define jointly the integration, the agenda and the mission participates, the host authority or
financing mechanisms for each mission, and they will authorities will seek an agreement with UNIORE’s
P resid en cy and E xecutive Se cre t ariat …”
try that the Head of the Mission takes part in it.
SET of Costa Rica
“Regarding the previous accompaniment that has
been proposed in the protocol, it would be
important to evaluate the possibility of being able
to define, with due anticipation, which are the
main themes of interest for each specific
mission. This would allow the electoral
organisms to continue being able to follow-up or
support the participation of technical or expert
personnel in these themes, thus enriching the
mission’s judgment.”
SET of Guatemala
“Previous to, during and after the electoral event, the
Observer is generally present on the previous and
subsequent days. It is usually a large group and its
observation efforts must be direct and based on
already defined parameters and methodologies,
while giving the Observers opportunities to include
their own recommendations”
“To state that this one will be coordinated by
UNIORE’s Executive Secretariat, which is the link
between the host country and the Observers, so that
the Secretariat (who knows the designated ones) can
send them the details of the accompaniment mission
before the election’s day”
7
181
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
Article
5. When the works of each of the missions prior to
election day are over, the electoral authorities will
arrange for them to have a meeting with the press in
order to comment on the characteristics of the mission
activities.
Observations
NEC of Ecuador
…The following wording is recommended: “Upon
completion of each one of the previous
accompaniment missions’ tasks, the electoral
authority or authorities will make sure that they
have an encounter with the press, in order to
comment on the characteristics of the activity,
while observing the provisions that the host’s
internal legislations may have in relation to this”.
Article
Observations
6. After each visit of the accompaniment mission, CEB of The Dominican Republic
a report will be delivered which will be part of the The only paragraph suggests: “After each
materials provided for the members of the mission accompaniment mission’s visit, a report will be
that will be carried out on Election Day, in case it created. This report will be part of the resources
is done before that day, and it will be part of the that will be given to the members of the mission
final Report delivered to the Executive Secretariat.
that will take place on election’s day, in case
these are ready before that date. They will also be
included in the Final Report that will be turned in
to the Head of the Mission and to the Executive
Secretariat.”
NEC of Ecuador
It is recommended to include the word “of” in
“After the visit of each accompaniment mission, a
report that will be part of the resources that will be
given to the members of the mission on the
election’s day will be given to them, in case these
inputs are ready before that date. They will also be a
part of the Final Report that will be turned in to the
Executive Secretariat.”
INTEGRATING THE MISSION
Article
7. The host electoral authority or
authorities will attempt, as much
as possible, to invite all the
members of UNIORE, stating in
every case the complete financing
criteria which they may offer to the
guests according to their
possibilities.
Observations
CEB of The
Dominican
Republic
The only paragraph suggests “The host electoral authority will try, to
the extent that it is possible, to invite all of the UNIORE’s members, the
case always being that it will point out which are the funding criteria
that it will be able to offer each one of the guests, within its
possibilities, and following standards of reciprocity”.
8
182
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
Article
Observations
NEC of Ecuador
8. The member bodies of UNIORE invited to take part
It is recommended to include the word to…
in the mission will designate their own representatives
“Those UNIORE’s member organisms that have
for this group, in the understanding that the members
been invited to become part of the mission will
of the mission will commit to comply with the legal
appoint
their respective representatives in that
guidelines at all times and everywhere.
group, understanding that the members of the
mission commit to abiding to the applicable legal
guidelines at all times and places.
NEC of Ecuador
“…that each invited person and organism can
name at least two members that can receive the
respective instructions for carrying out the
recommended tasks. In this way, given that we are
talking about authorities and electoral officials that
carry out their duties in their respective countries,
and given that the electoral observation missions
can count on more than one trained person that
could take the lead in case its partner is unable to
act, whatever the reason may be.”
PREPARING THE MISSION
Article
Observations
9. The host electoral authority or authorities will SET of Guatemala
prepare informative material about the elections to be “The informative inputs that each host country
provides (in Guatemala it is called Manual for
observed, which may include the following aspects:
a. Characteristics of the Executive Power, International Observation 2011 and is currently in
including the election principle, force) must be recognized by the majority of the
requirements to take on the post, main countries as part of the legislation of the place
powers and the results of the most because it comes from the Highest Electoral
Authorities of that place, reason for which it is
recent election for such post.
b. Characteristics of the Legislative Power, expected for it to be respected and abided to. The
including the number of chambers that informative input is prepared for the Observer and
compose it, the election principle for its does not hinder it from making its own research
and from promoting an academic, technical
members.
c. Characteristics of the electoral authority, dialogue whenever the Informative Program is
including its general structure, the carried out, this being stated in the point 10 that the
mechanism for the election or Project describes. The Observer will use this
designations
of
its
members, opportunity to expand or clarify any information it
9
183
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
requirements for the post and main may already have about the host country.”
powers.
d. Legal regime for political parties, NEC of Ecuador
including requirements for their “….regarding the preparation of informative
registration, rights for financing, access inputs about the elections that will be witnessed,
to media and registration of candidates, we consider that the word could should be
including gender and specific population substituted for the word must. In this way, the
group quotas, as well as obligations, currently discretionary faculty will become a
accountability among others. Also, requisite in the inclusion of sections for the
respective report.”
causes for register loss.
e. Considerations on the election to be
observed, highlighting the posts to be “… in relation to the presentation of the report,
elected,
the
competing
party the deadline must be established as a requisite
organizations and coalitions, main and not as a recommendation of discretionary
candidates, the conditions of the character. In this way, both of these two
competition, the main characteristics of suggestions become harmonized in the last
the election organization, the procedure paragraph, which explicitly and mandatorily
to cast a vote and the setting of polling states that: “an executive summary of the
accompaniment mission or missions must be sent
sites.
before those made by the UNIORE”.
Such document will be delivered to the members
of the mission preferably at least 15 natural days Canada’s Elections
prior to the beginning of the corresponding activity Turning in a priori information about the
agenda.
electoral system and the context of the elections
to the observers will be of great help to them.
Likewise, in case they were done, an executive Such information must include explanations
summary of any prior accompaniment mission(s) about the recent electoral reforms, new
carried out by UNIORE should be delivered to administrative measures, the legal framework,
them.
and counting and categorizing of votes. Reports
on previous missions can also be distributed
among the mission’s members.
The information programs must include meetings
with important actors of the electoral process
(candidates and political parties, civil society and
domestic observation groups). This information
will contribute to broadening the observers’
understanding of the context.
Article
Observations
10. The host electoral NEC of
authority or authorities will Ecuador
prepare an Informative “…the analyzed draft states that the electoral authority of the host country,
10
184
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
Program for the members
of the mission during the
days previous to the
election. This program may
contain academic activities
to present the main
characteristics
of
the
electoral process going on.
Host electoral authority or
authorities may ask for the
Executive
Secretariat’s
support for the preparation
or development of this
Program.
along with the Executive Secretariat’s, defines the mission’s composition
and agenda. In this sense, I consider that the organism under observation’s
determining of its own agenda would not be coherent with the nature of the
observation mission, since this organism could exclude one or many of its
branches from the verification process, as it could do with other elements
that are indispensable in order to confirm the veracity and transparency of
the electoral processes.”
NEC of
Ecuador
“….I suggest for one of the points to be reviewed to maintain a relation with
the socio-political, cultural and ethnic context of the host country, in order to
have more contextualized information about the reality of such State, thus
also avoiding inadequate or imprudent actions, while also being able to offer
better judgment elements for creating a more objective report.”
MISSION ACTIVITIES
Article
Observations
11. Host electoral authority or authorities will offer, as
much as possible, the logistic support for the
members of the mission during their stay in the venue
country, including defining a venue hotel for the
mission.
Article
Observations
12. The members of the mission, CEB of The Dominican
representatives of the electoral Republic
The only paragraph suggests “The mission’s members,
authorities that form the UNIORE, will
representatives of the electoral authorities that make up the
attend each and every one of the
UNIORE, w ill ass ure that ...”
activities of the work program offered by
the host electoral authority or authorities.
This is a way to show respect for the SET of Guatemala
citizens of the host country, taking into “An addition could be that the UNIORE Mission’s members must
consideration that the resources that show discretion, objectivity, impartiality and neutrality in the
sponsor the mission are a result of their exercise of their tasks, besides the punctuality that point 12 of the
Project mentions. The mechanisms that will be used for gathering
tax payment.
data will doubtlessly result in a document that the Secretariat will
provide beforehand, as can be assumed from previous experience
with such mentioned organ. The Evaluation Session of the
elections in the country that is being visited will be enriched with
all the conclusions and recommendations by the Observers.”
11
185
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
Electoral Tribunal of Mexico
“The first sentence is enough for an accurate understanding. The
second sentence could be deleted.”
Article
Observations
13. The host electoral authority or authorities and the
Executive Secretariat will define the number,
integration and observation routes for Election Day
together. They will also define the mechanisms the
members of the mission will use to collect the
information on what was observed during their tours.
Article
14. When the activities corresponding to Election Day
are over, host electoral authority or authorities will
make the necessary arrangements for the members of
the mission to hold an evaluation session, which will be
held by the Head of the Mission and the Executive
Secretariat. Host authorities will not take part in this
session.
Observations
Canada’s
Elections
The Protocol must include information about the
routes of observation; for example, the number of
voting centers that will be visited (including the
possibility of visiting other observation centers)
and the different stages of the process to be
observed (opening of centers, scrutiny,
categorization and other special voting
procedures). (translation)
PREPARATION AND PRESENTATION OF THE MISSION REPORT
Article
Observations
15. The Head of the Mission and the Executive SET
of
Secretariat will prepare the final Report, including Guatemala
preferably compared aspects, so that comments can “As a final document, it will gather all the findings
be read in a different context.
and contributions from all of the observers and
members of the Mission. The composition of its
final version will be responsibility of the Head of
the legal framework, and counting and categorizing
of votes. Reports on previous missions can also be
distributed among the mission’s members.
The information programs must include meetings
with important actors of the electoral process
(candidates and political parties, civil society and
domestic observation groups). This information
will contribute to broadening the observers’
understanding of the context.
12
186
UNIÓN INTERAMERICANA DE ORGANISMOS ELECTORALES
Article
Observations
16. When the Report is finished, it will be presented to
the host electoral authority or authorities, in an exercise
where officers from such authorities, the Executive
Secretariat and the Head of the Mission will analyse its
main characteristics.
Article
Observations
17. Host electoral authority or authorities will make NEC
of
the necessary arrangements for a public presentation Ecuador
of the Report, as well as for spreading it amongst I suggest including the phrase the potentially
potentially interested audiences.
interested public. “The host electoral authority
or authorities will make the necessary
arrangements for there to be a public
presentation of the Report and to disseminate it
among the potentially interested public”
13
187
8. OBSERVATION PROTOCOL
8. S. NEW DRAFT PROPOSAL SUBMITTED BY THE
PRESIDENCY OF UNIORE
188
DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS
OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES
(UNIORE)
The Inter-American Union of Electoral Authorities (UNIORE) Constitutive Chart establishes, as
one of its objectives, to encourage the participation of its members as observers in the electoral
processes upon the invitation of the country where they will be held.
It is widely known among members of the Union that electoral observation is one of the most
recurrent activities of this regional mechanism. This statement is based on the fact that the Center
for Electoral Promotion and Assistance of the Inter-American Institute of Human Rights
(IIHR-CAPEL), in its use of powers as Executive Secretariat of the Association of Central
American and the Caribbean Electoral Authorities (Tikal Protocol), the Association of South
American Electoral Authorities (Quito Protocol) and the UNIORE itself, has coordinated more than
240 electoral observation missions in 22 countries between April 1985 and June 2012.
The permanence and continuity of this type of activities have generated a positive effect among
members of the Union since the frequency of the development of electoral observation and
accompaniment missions have contributed to the cohesion of the Union and their member’s
knowledge.
From 10 to 12 November 2010, the X UNIORE Conference took place in Merida, Mexico. As part
of agreements reached in this meeting, a Work Group responsible for developing a diagnosis and
a roadmap to meet new needs and requirements of the Union was created.
This Work Group, integrated by the Chile’s Electoral Service, the National Electoral Council of
Ecuador, the Supreme Electoral Tribunal of El Salvador, the Federal Election Commission of
United States, the Electoral Commission of Jamaica, the Federal Electoral Institute of Mexico, the
Electoral Tribunal of Judicial Power of the Federation of Mexico, the Electoral Tribunal of
Panama, the Central Electoral Board of the Dominican Republic, the National Electoral Council of
Venezuela and the Center for Electoral Promotion and Assistance of the Inter-American Institute
of Human Rights, met in Mexico City on 13 and 14 July 2011.
The relevance of the electoral observation and accompaniment missions was reflected in the
diagnosis generated by the Work Group, which established that the UNIORE is "the organization
that coordinates and conducts electoral observation and accompaniment missions in the
Americas and serves as referring point in other latitudes".
Therefore, as part of the roadmap for meeting the new needs of UNIORE, one of the proposed
steps to follow was to “review and discuss what the statutes on electoral observation establish in
order to consider its suiting to the evolution of today's reality”.
The proposals generated by the Work Group were brought to the table for discussion among
members of the UNIORE during the Extraordinary Conference held on 10 and 11 November 2011
in Mexico City.
In this meeting, the Diagnosis and the roadmap developed by the Work Group were supported in
order to meet the new needs of UNIORE, including those related to electoral observation.
Simultaneously, and as part of the conclusions, the following was stated:
To develop a Draft Protocol for electoral observation
within the framework of UNIORE, in which
189
new topics, operational modalities and terms to carry out observation missions should be
established.
Following the aforementioned conclusion, the Draft Protocol for UNIORE’s electoral observation
missions, which collects and reflects the comments made by members of the Work Group, is
placed in the table for its consideration.
The purpose of this Draft Protocol is to have a general framework, which could be used in the
development of electoral observation and accompaniment missions organized as part of the
activities of the Inter -American Union of Electoral Organizations.
It is important to stress out that, in compliance with the provisions established on Article Three of
the Constitutive Chart of the UNIORE, the contents of this Protocol have the quality of
recommendations and guidelines for the institutions that integrate the Union. In no way does it
intend to compel the members of this mechanism to follow guidelines that might even go against
their own legislation.
DRAFT PROTOCOL FOR THE ELECTORAL OBSERVATION MISSIONS
OF THE INTER-AMERICAN UNION OF ELECTORAL AUTHORITIES
Complying with the guidelines of the Constitutive Charter of the Union, this Protocol lists a series
of recommendations for the preparation, development and completion of the international
missions performed within the framework of the elections organized by the members of the
Inter-American Union of Electoral Organizations (UNIORE).
Additionally, it is about integral recommendations. That is, it refers to both the possible actions to
be taken by the host electoral authority or authorities, and the actions to be taken by the
Executive Secretariat of the UNIORE, as well as by the representatives of electoral bodies that
integrate the mission.
OBJECTIVE OF THE MISSION
1. The objective of electoral observation and accompaniment missions of the Inter-American
Union of Electoral Organizations (UNIORE) is to offer the society and public opinion of the
country where the election is taking place, as well as to the interested international community, an
external, independent and impartial view of the electoral process from a technical perspective
provided by election officials of the Americas.
CREATION OF THE MISSION
1. The authority or authorities in whose country elections will be held should define the
characteristics of the integration of UNIORE’s mission, based on the following criteria:
• UNIORE electoral authorities of to be invited.
• Funding to be provided for each of them.
• Overview of the program activities.
This information will be forwarded to the Executive Secretariat, together with the electoral
authority or authorities request of support from this body.
In case the host institutions are interested in inviting other electoral authorities and international
actors different from UNIORE, it may also inform the Executive Secretariat.
2. Each of the missions integrated by members190of UNIORE will have a Head of Mission, who will
be responsible for leading the group, collaborating with the host electoral authority or authorities
and the Executive Secretariat in developing the work of the mission, as well as representing the
mission with other actors, including the media.
These functions will be vested upon the President of one of the electoral bodies members of the
UNIORE. The Presidency will be designated in shifts, always trying that the Head of Mission can
easily communicate in the language of the host country.
The designation of the Head of Mission will be made by the host authority or authorities, after
consulting with the Executive Secretariat on the officers appointed for this task.
PREVIOUS ACCOMPANIMENT
1. In order to have a more a comprehensive accompaniment of the elections, the host
authorities will agree on at least one accompaniment mission prior to Polling Day with the
Executive Secretariat.
The host authorities and the Executive Secretariat will define jointly the integration, the agenda
and the financing mechanisms for each mission, and they will try that the Head of the Mission
takes part in it.
2. When the works of each of the missions prior to election day are over, the electoral
authorities will arrange for them to have a meeting with the press in order to comment on the
characteristics of the mission activities.
3. After each visit of the accompaniment mission, a report will be delivered which will be
part of the materials provided for the members of the mission that will be carried out on Election
Day, in case it is done before that day, and it will be part of the final Report delivered to the
Executive Secretariat.
INTEGRATING THE MISSION
4. The host electoral authority or authorities will attempt, as much as possible, to invite all
the members of UNIORE, stating in every case the complete financing criteria which they may
offer to the guests according to their possibilities.
5. The member bodies of UNIORE invited to take part in the mission will designate their
own representatives for this group, in the understanding that the members of the mission will
commit to comply with the legal guidelines at all times and everywhere.
PREPARING THE MISSION
6. The host electoral authority or authorities will prepare informative material about the
elections to be observed, which may include the following aspects:
a. Characteristics of the Executive Power, including the election principle, requirements to
take on the post, main powers and the results of the most recent election for such post.
b. Characteristics of the Legislative Power,
191 including the number of chambers that
compose it, the election principle for its members.
c. Characteristics of the electoral authority, including its general structure, the mechanism
for the election or designations of its members, requirements for the post and main powers.
d. Legal regime for political parties, including requirements for their registration, rights for
financing, access to media and registration of candidates, including gender and specific
population group quotas, as well as obligations, accountability among others. Also, causes for
register loss.
e. Considerations on the election to be observed, highlighting the posts to be elected, the
competing party organizations and coalitions, main candidates, the conditions of the competition,
the main characteristics of the election organization, the procedure to cast a vote and the setting
of polling sites.
Such document will be delivered to the members of the mission preferably at least 15 natural
days prior to the beginning of the corresponding activity agenda.
Likewise, in case they were done, an executive summary of any prior accompaniment mission(s)
carried out by UNIORE should be delivered to them.
7. The host electoral authority or authorities will prepare an Informative Program for the
members of the mission during the days previous to the election. This program may contain
academic activities to present the main characteristics of the electoral process going on. Host
electoral authority or authorities may ask for the Executive Secretariat’s support for the
preparation or development of this Program.
MISSION ACTIVITIES
8. Host electoral authority or authorities will offer, as much as possible, the logistic support
for the members of the mission during their stay in the venue country, including defining a venue
hotel for the mission.
9. The members of the mission, representatives of the electoral authorities that form the
UNIORE, will attend each and every one of the activities of the work program offered by the host
electoral authority or authorities. This is a way to show respect for the citizens of the host country,
taking into consideration that the resources that sponsor the mission are a result of their tax
payment.
10. The host electoral authority or authorities and the Executive Secretariat will define the
number, integration and observation routes for Election Day together. They will also define the
mechanisms the members of the mission will use to collect the information on what was observed
during their tours.
11. When the activities corresponding to Election Day are over, host electoral authority or
authorities will make the necessary arrangements for the members of the mission to hold an
evaluation session, which will be held by the Head of the Mission and the Executive Secretariat.
Host authorities will not take part in this session.
PREPARATION AND PRESENTATION OF THE
192 MISSION REPORT
12. The Head of the Mission and the Executive Secretariat will prepare the final Report,
including preferably compared aspects, so that comments can be read in a different context.
13. When the Report is finished, it will be presented to the host electoral authority or
authorities, in an exercise where officers from such authorities, the Executive Secretariat and the
Head of the Mission will analyse its main characteristics.
14. Host electoral authority or authorities will make the necessary arrangements for a
public presentation of the Report, as well as for spreading it amongst potentially interested
audiences.
193
9. FOUNDING CHARTER REFORM PROPOSALS
9. T. CENTRAL ELECTORAL BOARD OF
DOMINICAN REPUBLIC
Received by the Executive Secretariat 02/21/13
194
PROPOSAL FOR THE MODIFYING
THE TEXT OF THE UNIORE’S CHARTER
Considering:
a. The inherent nature of the UNIORE as a space for exchange and as a voluntary
organization between the Hemisphere’s Electoral Organs
b. The objectives of the UNIORE:
A) To increase cooperation between the Associations that make up the Union, as
well as between the Electoral Organisms that make up the Union.
B) To promote the exchange of information about the electoral regimens.
C) To stimulate the participation of representatives of the member Organisms to
electoral processes as Observers, with previous invitation by the country in which
they take place, who will have to provide the necessary facilities to the extent
allowed by its resources.
CH) To create general recommendations to the Union’s member Organisms.
D) To promote secure, efficient and democratic electoral systems in which free,
universal and secret voting is guaranteed.
E) To provide support and assistance to the Electoral Organisms that request so,
to the extent allowed by its resources.
c. The contents of “Report on the Session of UNIORE’s Work Group”, a product of the
Extraordinary Meeting (November 11 and 12, in Mexico City) in its respective parts.
d. Considering the eighth clause, in the respective part that states the temporary
character of who carries out the executive secretariat, by pointing out that “... it will
be carried out by CAPEL, unless otherwise provided.”
The following modifications are proposed:
1) To replace, in the third paragraph of the Fourth clause, the phrase “who will so notify
to the Executive Secretariat, which in consultancy with the Committee mentioned in
the Sixth Clause” by this phrase: “who will so notify to the Presidency of the
Committee of Coordination and Follow Up (COSEC)”
Proposal of modifications to the Charter of UNIORE
1
195
2) In the first paragraph of the Sixth clause, the following phrase is deleted: “and by the
Executive Secretary” and to include the acronym “COSEC” right next to the
Committee of Coordination and Follow Up
3) To modify the first phrase of the second paragraph of the Sixth clause for the
following: “The Presidency of the Committee of Coordination and Follow Up will be
exercised by (...)”
4) To add a third paragraph to the sixth clause: “The Presidency of the Committee of
Follow Up and Coordination (COSEC) will have the representation of the Union in
the assignments described in this Act, as in those tasks assigned by the Ordinary and
Extraordinary Conferences”
5) The letters A, C and CH are transferred from the Eighth Clause to the Seventh, these
then becoming letters D, E and F of the Seventh Clause.
6) A letter G is added to the Seventh clause “The Committee of Follow up and
Coordination (COSEC) will be able to create the temporary bodies it considers
necessary for its good performance”
7) To replace the Eight Clause for the following: “The Committee of Follow Up and
Coordination will be able to carry out the consultancies and requirements about
specific matters related to its own work, to the Inter-American Center for Electoral
Promotion and Advisory (CAPEL), which will be a consultative organ and a Union
associated advisor.”
8) To modify the Eighth clause, so that it says the following: “The administrative
technical body of the UNIORE is the Executive Secretariat. To fill this position, an
electoral organ will be elected, also during the Ordinary Conference, so that this one
can take office for a two-year period.”
9) To modify the Eighth clause, letter B becomes letter A, as follows: “To cooperate
with the Presidency of COSEC in executing the programs and projects that have been
approved in the Ordinary and Extraordinary Conferences.”
Proposal of modifications to the Charter of UNIORE
2
196
10) Add the following to the Eighth clause, listed as letter B: “To direct the execution of
programs and projects that were approved in the Ordinary and Extraordinary
Conferences.”
11) In the Eighth clause, the letter D becomes letter C.
12) To replace in the Ninth clause, first paragraph, the words “to the Executive
Secretariat” for “to the COSEC”
Proposal of modifications to the Charter of UNIORE
3
197
9. FOUNDING CHARTER REFORM
PROPOSALS
9. U. QUALIFIYING ELECTIONS
TRIBUNAL OF
CHILE
Received by the Executive Secretariat
03/08/13
198
QUALIFYING ELECTIONS TRIBUNAL
CHILE
OFFICIAL LETTER N˚ 69-2013
Santiago.
FROM
:
March 8, 2013.
MR. PRESIDENT
QUALIFYING ELECTIONS TRIBUNAL
REPUBLIC OF CHILE
TO
:
MR. DIRECTOR
CENTER FOR ELECTORAL PROMOTION AND ASSISTANCE
MR. JOSE THOMPSON
REPUBLIC OF COSTA RICA
During the extraordinary session that was held
today
and
in
virtue
of
what
was
agreed
upon
during
the
Extraordinary Meeting of the UNIORE, which took place on February
13, 2013 in the Republic of Ecuador, the Qualifying Elections
Tribunal
decided
to
send
you
this
Tribunal’s
proposal
for
modifying the Founding Charter of the Inter-American Union of
Electoral Organisms.
Best regards,
PATRICIO VALDES ALDUNATE
PRESIDENT
LUCIA MEZA OJEDA
Reporting Secretary (S)
199
QUALIFYING ELECTIONS TRIBUNAL
CHILE
Proposes Modification of Founding Charter
UNIORE
Modern
greater
democracies
citizen
are
rapidly
participation.
In
advancing
some
towards
latitudes,
this
process requires that the amount of bodies that each State
has available for improving their own democratic systems
grows day after day.
For its part, the Inter-American Union of Electoral
Organisms’ purpose is to serve as a space for international
cooperation
on
international
electoral
body,
in
affairs.
order
to
However,
fulfill
like
its
any
goals
it
requires for every State to be represented in relation to
others in an equitable way.
It is for this reason that this Tribunal proposes to
limit
the
number
of
organisms
with
which
each
State
participates in the UNIORE. On the one hand, this would
200
QUALIFYING ELECTIONS TRIBUNAL
CHILE
ensure
certain
level
of
equality
between
the
member
countries. On the other hand, this would also guarantee
that
only
bodies
the
will
hierarchically
participate
in
highest
this
and
most
important
relevant
international
agency.
Reform Project
Sole
Article.-
first
section
Insert
and
the
the
following
present
section
second
one
between
of
the
the
first
clause of the Inter-American Union of Electoral Organisms’
Founding Charter:
“Up to three electoral bodies per State Party will be able
to become members of the organization.”
201
9. FOUNDING CHARTER REFORM PROPOSALS
9. V. CENTRAL ELECTORAL BOARD OF
VENEZUELA
Received by the Executive Secretariat 03/15/13
202
Bolivarian Republic of Venezuela
f8'WtJ;;o j jÍacA:od cfflooúwd
eJukJtÚa
PRES N° 0/07!2013
Caracas. March 15, 20 13
Mr.
Roberto Rosario
President of the Central Electoral Board
Dominican Republic
Dear Mr. President,
I am writing you in order to send you a proposal that will be made known and discussed
during the next Extraordinary Conference of the Inter-American Union of Electoral
Organisms (UNIORE). It is proposed for the following articles to be included in the
Charter:
l. The UNIORE’s Executive Secretary must periodically submit accounts to the
Conference of Electoral Organism, including those of its administration,
resources, commitments and projects it is responsible for.
2. All the member electoral organisms must be made known and asked about all
initiatives related to the organization and development of the Electoral Observation
Missions, for their adequate configuration and implementation.
I With nothing further to add, I reiterate my appreciation and highest consideration.
Sincerely yours,
203
9. FOUNDING CHARTER REFORM PROPOSALS
9. W. SUPREME ELECTORAL TRIBUNAL OF
GUATEMALA
Received by the Executive Secretariat 03/22/13
204
Supreme Electoral Tribunal
SGO- 689 3-2013
Guatemala. March 21, 2013
rxr.l\'o. R-4_1';9-201
JGMH/evgp
Mister
José Thompson
Director
Center for Electoral Promotion and Assistance
Present.
I hereby address you in regards to your March 12 official letter (reference CAPEL 032-2013),
which states that the Qualifying Elections Tribunal of Chile will send a proposal for modifying the Charter
that suggests limiting the number of organisms with which each State participates in the UNIORE to
three, in order to assure certain parity between all member countries. It proposes for only the
hierarchically highest and most relevant bodies to participate in this international agency, with up to
three international bodies per State party being able to become members.
In this regards, I inform you that the Plenary of Magistrates of the Supreme Electoral Tribunal
(on its March 20, 2013 session) agreed to respond that regardless of the number of organisms with
which each state participates in the UNIORE, there should only be one vote per country, in order to
assure equity and equality of participation per member State.
Without further ado, I extend you my best regards,
¡,,, aveo1d,1 0·1zona 2. GuJtemal.l, (
A_ • lirw.1 dire<:!J 1580 • PBX
plant,l: 22101112 ,11;
205• e-m,1il: [email protected]
sitio wd1: www.t t·.org.gt
2.fD OJOl •
9. FOUNDING CHARTER REFORM PROPOSALS
9. X. NATIONAL ELECTIONS BOARD OF PERU
Received by the Executive Secretariat 04/02/13
206
"Year of the Investment for Rural Development and Food Security "
Perú. March 13, 2013
Official Letter No. 0270-2013-P/NEB
Mister
José Thompson Jiménez
Executive Secretariat of the Inter-American Union of Electoral Organisms
Dominican Republic.I am pleased to address you as the President of the National Elections Board (NEB) of the
Republic of Peru, a member organism of the Inter-American Union of Electoral Organisms, in
order to kindly greet you and to discuss the documentation that was presented during the first
session of the Extraordinary Meeting that took place on February 13, 2013 in the city of Quito.
In this regards, the members of the Plenary of the National Elections Board, who
represented this Supreme Electoral Organism in the previously mentioned meeting, the
Permanent Full Members Mr. Baldomero Elías Ayvar Carrasco and M r . Luis Antonio Legua
Aguirre have sent two small variations to the proposal for modifying the UNIORE Charter’s text to this
Presidency; the variations are the following:
States:
2) The phrase “and by the Executive Secretariat ” is removed from
the Sixth clause, first paragraph. The acronym “ COSEC” is added
next to Committee of Coordination and Follow -Up.
3) Modifies the first phrase of the second paragraph, in the Sixth clause, by
the following one: “The Presidency of the Committee for Coordination and
Follow-Up will be exercised by (...)"
Proposal:
2) The phrase “ and by the Executive Secretariat ” is modified in
the Sixth clause, first paragraph. The acronym “COSEC” is added
next to Committee of Coordination and Follow -Up.
Second paragraph, first phrase, by the following: "The Presidency of the
Committee for Coordination and Follow-Up will be exercised (...)"
With nothing further to add, I reiterate my appreciation and highest consideration.
Sincerely yours,
207
9. FOUNDING CHARTER REFORM PROPOSALS
9. Y. SUPERIOR ELECTORAL TRIBUNAL
Received by the Executive Secretariat 05/02/13
208
DOMINICAN REPUBLIC
SUPERIOR ELECTORAL TRIBUNAL
PRESIDENCY
Santo Domingo, N.D.
March 25, 2013
P-TSE-290-2013
Magistrate
Dr. Roberto Rosario Márquez
Co-President of the Inter-American Union of Electoral Organisms (UNIORE)
and President of the Central Electoral Board
His office
Honorable Magistrate Rosario:
By this means of the present letter and on behalf of the Superior Electoral Tribunal’s General Assembly, I would
like to present you this Tribunal’s criteria to be taken into consideration for the upcoming meeting of the InterAmerican Union of Electoral Organisms (UNIORE), within the framework of the agreements reached in the
extraordinary meeting was held in the city of Quito, Republic of Ecuador, on February 13, 2013.
In this respect, I am pleased to present you the following considerations:
1.
2.
3.
4.
5.
To redefine the roles of the UNIORE’s Executive Secretariat and for these roles to belong to the body that
fills UNIORE’s pro tempore Presidency, instead of being responsibility of the Center for Electoral
Promotion and Assistance (CAPEL).
To set an annual fee for each election bodies that affiliate to the objective of covering the UNIORE’s
Executive Secretariat’s operational expenses.
To establish the simple majority’s vote (meaning half plus one) as the means for approving decisions.
To establish a quorum of two thirds of the present members as a vote rule for making statutory changes.
To incorporate the National Electoral Directorate of the Ministry of Interior and Transportation of the
Republic of Argentina as a member of the UNIORE.
Av. Jiménez Moya, esquina Juan de Dios Ventura Simó, Centro de los Héroes de Constanza, Maimón y Estero Hondo, Santo Domingo D.N.,
209
República Dominicana. Tel.: 809.535.0075 Ext. 3048 and 3013. Email: [email protected].
www.tse.gob.do
Magistrate
Dr. Roberto Rosario Márquez
Co-President of the Inter-American Union of Electoral Organisms (UNIORE)
and President of the Central Electoral Board
His office
Page 2 of 2
Thanking you for your attention to the present communication, I’d like to take this opportunity to express my
fondness for you,
Sincerely,
Dr. Mariano A. Rodríguez Rijo
President
Av. Jiménez Moya, esquina Juan de Dios Ventura Simó, Centro de los Héroes de Constanza, Maimón y Estero Hondo, Santo Domingo D.N.,
210
República Dominicana. Tel.: 809.535.0075 Ext. 3048 and 3013. Email: [email protected].
www.tse.gob.do