CCPR/C.21/Rev.1/Add.7
page 6
16.
Condition relating to nomination dates, fees or deposits should be
reasonable and not discriminatory. If there are reasonable grounds for
regarding certain elective offices as incompatible with tenure of specific
positions, (e.g., the judiciary, high-ranking military office, public
service), measures to avoid any conflicts of interest should not unduly limit
the rights protected by paragraph (b). The grounds for the removal of elected
office holders should be established by laws based on objective and reasonable
criteria and incorporating fair procedures.
17.
The right of persons to stand for election should not be limited
unreasonably by requiring candidates to be members of parties or of specific
parties. If a candidate is required to have a minimum number of supporters
for nomination this requirement should be reasonable and not act as a barrier
to candidacy. Without prejudice to paragraph (1) of article 5 of the
Covenant, political opinion may not be used as a ground to deprive any person
of the right to stand for election.
18.
State reports should describe the legal provisions which establish the
conditions for holding elective public office, and any limitations and
qualifications which apply to particular offices. Reports should describe
conditions for nomination, e.g. age limits, and any other qualifications or
restrictions. State reports should indicate whether there are restrictions
which preclude persons in public-service positions (including positions in the
police or armed services) from being elected to particular public offices.
The legal grounds and procedures for the removal of elected office holders
should be described.
19.
In conformity with paragraph (b), elections must be conducted fairly and
freely on a periodic basis within a framework of laws guaranteeing the
effective exercise of voting rights. Persons entitled to vote must be free to
vote for any candidate for election and for or against any proposal submitted
to referendum or plebiscite, and free to support or to oppose government,
without undue influence or coercion of any kind which may distort or inhibit
the free expression of the elector's will. Voters should be able to form
opinions independently, free of violence or threat of violence, compulsion,
inducement or manipulative interference of any kind. Reasonable limitations
on campaign expenditure may be justified where this is necessary to ensure
that the free choice of voters is not undermined or the democratic process
distorted by the disproportionate expenditure on behalf of any candidate or
party. The results of genuine elections should be respected and implemented.
20.
An independent electoral authority should be established to supervise the
electoral process and to ensure that it is conducted fairly, impartially and
in accordance with established laws which are compatible with the Covenant.
States should take measures to guarantee the requirement of the secrecy of the
vote during elections including absentee voting, where such a system exists.
This implies that voters should be protected from any form of coercion or
compulsion to disclose how they intend to vote or how they voted, and from any
unlawful or arbitrary interference with the voting process. Waiver of these
rights is incompatible with article 25 of the Covenant. The security of
ballot boxes must be guaranteed and votes should be counted in the presence of
the candidates or their agents. There should be independent scrutiny of the
voting and counting process and access to judicial review or other equivalent