International Election Observation and Standards for Systems of Representation: A Critical View

Abstract

ABSTRACTThis paper presents a critical view on the extent to which international standards (treaty and non-treaty obligations) prescribe particular features for electoral systems, for representation in parliament, and how they have been reflected in international election observation mission (IEOM) reports. Apart from regulating the equality of the vote and an acceptable deviation from equality, there are few specific requirements for systems of representation in the standards. The requirements of genuine and fair elections may be interpreted to exclude unreasonable systems, but the interpretation would often be controversial. In some non-treaty documents, it is even explicitly stated that anything goes as long as the few defined requirements are met. Against this background, IEOM reports have been very careful not to comment on systems of representation. In rare cases, however, comments have been issued, in post-conflict situations in particular. The paper points out inconsistencies in the interpretation of international standards by IEOMs and argues that detailed standards may help remove inconsistencies and reduce the claims of application of double standards. The paper also discusses inconsistencies following the restrictions some of the non-treaty documents make on the requirement of equality of votes to one (the lower) house of the legislature.