The composition of the electoral council appointed by the outgoing government prior to the elections of October 2012 was widely considered to be balanced. Other than the chairperson, who was approached by the minister of administration, planning and service, its members were selected by the chair himself, taking into account selection criteria such as expertise in legal, technical and financial aspects as well as integrity and impartiality. The electoral council is also considered to have operated in a professional and non-partisan manner. Thus, for example, it underscored its non-partisanship in its public presentations, stating it ‘would not talk about political parties, but [only] on the organisation [of the electoral process] before, during and after elections’. Members of the electoral council were not allowed to appear in public with any kind of party symbol, and wore uniform shirts on election day. There are also no reports of members making partisan statements or engaging in partisan activities.705 Also, prior to the elections of October 2012, the interim minister of the then interim government responsible for the elections mandated the electoral council to send out voter registration cards and provide for the establishment of polling stations and ballot papers. It was also mandated to ensure the safekeeping of ballot boxes and papers in case of suspension of the voting process.706 In his statement, the minister underscored his intention to enable the electoral council to operate as independently as possible, and ‘to minimize all possible intentions from the administration to have anything to do with the whole electoral process’.707 In practice, this implied that the electoral council was responsible for the whole electoral process, including the selection and training of members of the supporting and polling stations. There were no reports of undue interference in the activities of the electoral council and the stations.708
Governance Transparency (law) Score: 50 TO WHAT EXTENT ARE THERE PROVISIONS IN PLACE TO ENSURE THAT THE PUBLIC CAN OBTAIN RELEVANT INFORMATION ON THE ACTIVITIES AND DECISION-MAKING PROCESSES OF THE ELECTORAL MANAGEMENT BODY?
The Electoral Code contains many provisions to ensure public access to the activities and the decision-making processes of the electoral council, although transparency could be increased if all formal reports were required to be made public. There are, however, no provisions for transparency of the electoral council’s work related to the financing of political groups. The Electoral Code contains several important provisions to make public information on the activities and decisions of the electoral council. Thus, of course, it is required to officially publish its formal statement of all candidates elected as well as its decree on the election results. The electoral council has to deposit these documents at the Civil Registry for public inspection and announce these deposits publicly. The announcement of the final election results is also open to voters.709 The 705
See for example ‘Information session Electoral Management Board’ (Informatieavond Hoofdstembureau), 12 October 2012 via www.versgeperst.com [accessed 6 March 2013]. 706 Ministerial Decree of 16 October 2012 of the minister of administration, planning and service, no. 2012/62264. Cf. Electoral Code, Articles 41, 48, 54 and 73. 707 ‘Government interference elections minimized’ (Overheidsbemoeienis verkiezingen geminimaliseerd), 16 October 2012 via www.versgeperst.com [accessed 6 March 2013]. 708 www.kse.cw [accessed 6 March 2013]. 709 Electoral Code, Articles 93, 104 and 105. 121
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