SlideShare uma empresa Scribd logo
1 de 6
Baixar para ler offline
Troy C. Ware
                                     4412 Rynex Drive
                                 Alexandria, Virginia 22312
                                 Telephone: 415-244-8317
                               e-mail: tcware@dons.usfca.edu



                        Writing Sample: Right to Vote Short Report

I am attaching a four page report on the right to vote that I submitted to the United Nations
Human Rights Council in 2007. This document summarized violations of the right to vote
worldwide and made specific recommendations on measures to protect the right to the
Council. I wrote this report on behalf of Human Right Advocates (HRA), a non-
governmental organization with consultative status with the U.N., and it was included as an
agenda item for the Council under general debate during the 4th session. Additionally, this
report is based on a longer report which I drafted on the right to vote that may be found at the
HRA web site at http://www.humanrightsadvocates.org/UN%20interventions%20list1.htm
under reports for the 4th session of the Human Rights Council. My supervisor and HRA
board member, Professor Connie de la Vega has granted me permission to use this short
statement as a writing sample. The short report may be found online by searching for
document A/HRC/4/NGO/7 in the official document system of the United Nations at
http://documents.un.org.
UNITED
NATIONS                                                                                  A
                General Assembly                               Distr.
                                                               GENERAL

                                                               A/HRC/4/NGO/7
                                                               2 March 2007

                                                               ENGLISH ONLY

HUMAN RIGHTS COUNCIL
Fourth session
Item 2 of the provisional agenda




     IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251
        OF 15 MARCH 2006 ENTITLED “HUMAN RIGHTS COUNCIL”




       Written statement* submitted by Human Rights Advocates, Inc. (HRA),
           a non-governmental organization in special consultative status




      The Secretary-General has received the following written statement which is
circulated in accordance with Economic and Social Council resolution 1996/31.


                                                                        [19 February 2007]




* This written statement is issued, unedited, in the language(s) received from the
submitting non-governmental organization(s).
GE.07-1123
A/HRC/4/NGO/7
                                                                                        page 3

                                       The Right to Vote

    1. Human Rights Advocates, Inc. (HRA) submits the following statement on the issues
       of voting rights.

The Right to Vote

    2. Article 25 of the International Covenant on Civil and Political Rights (ICCPR)
       codifies the principles of public participation and voting, stating that every citizen
       shall have the right to, take part in public affairs, vote in “genuine periodic
       elections”, by “universal and equal suffrage”, having equal access to public service
       in his country. The Human Rights Committee in General Comment No. 25 and
       makes clear that violations of these individual rights justify claims under the first
       Optional Protocol. Moreover, the right to public participation and to vote is
       protected by Protocol One to the European Convention on Human Rights, Article
       23 of the American Convention on Human Rights, and Article 13 of the African
       Charter of Human and People’s Rights. Article 7 of the Convention on the
       Elimination of All Forms of Discrimination Against Women (CEDAW) protects the
       right of women to vote on an equal basis with men. Despite widespread recognition,
       many governments continue to derogate voting rights by the operation of law,
       fraudulent means, the use of new technology, and media bias. It is critical that the
       Council take action to promote this fundamental right. Finally, the right to vote is
       the most fundamental of all human rights as a means to protect against the violation
       of other human rights. The right to vote is an example of why it is critical that the
       Council’s agenda allows for raising issues not already before it.

Lack of Genuine and Transparent Elections due to Electronic Voting

    3. The ICCPR’s Article 25 states that every citizen has the right to take part in
       “genuine” elections. The unreliability, security concerns, and human error
       associated with new electronic voting technology threatens this right. Reports
       surrounding the 2006 elections in the United States suggest that problems persist
       with electronic voting technology. It should be noted that, after the elections,
       leaders in various public posts acknowledged and pledged to correct deficiencies
       prior to the 2008 election.

    4. A study before the elections demonstrated that electronic voting machines were
       susceptible to vote stealing and denial of service attacks. 1 The ease of conducting
       attacks virally, through passive means not easily detected and erasing evidence of
       wrongdoing enhances the threat that these attacks pose to electronic voting
       machines. Additionally, it was reported that discrepancies in vote tallies and
       malfunctions with electronic voting machines occurred in primary elections in the
       United States. 2 Despite warnings many states did not make necessary changes with
       voting machines or software because of lack of time.



1
  Ariel J Feldman et al., Princeton University, Security Analysis of the Diebold AccuVote-TS Voting
Machine (2006).
2
  ELECTIONLINE.ORG, THE 2006 ELECTION 5 (2006).
A/HRC/4/NGO/7
                                                                                       page 4

    5. Use of direct recording electronic (DRE) machines resulted in 181 reports of flipped
       votes, situations where the voter’s choice is not reflected according to national voter
       advocacy group. 3 In many instances the opposing candidate’s name was reported
       reflected on the screen of the machine.

    6. Voters and officials encountered problems where states used machines equipped
       with a Voter Verified Paper Audit Trail (VVPAT). Problems included the text on
       the paper trail not matching choices given by the machine, the printer running out of
       paper, the printer just not operating, or the printout not matching the voter’s
       choice. 4

    7. In a race in Florida’s 13th Congressional District, with a margin of victory of 369
       votes, machines in one county did not record votes for 18,000 voters. 5 According to
       reports one poll worker said the touch-screen machines did not register votes for
       Congress and the county election chief was reported to have identified problems in
       displaying the congressional race on screens days before the election. 6

    8. The new technology proved difficult to operate as many election officials across the
       country did not prepare poll workers. Poll workers in Pittsburgh and Cleveland
       faced difficultly starting voting machines. 7 In Denver poll workers could not
       quickly troubleshoot touch screen voting machines. 8 It was estimated that over
       20,000 did not vote in Denver due to resulting long lines. 9

Abridgement by Operation of Law

    9. Egypt’s arbitrary use of the vague Political Parties Law to regulate licensing and
       activities of political parties and disallow activity that contradicts “national unity”
       resulted in the exclusion of many parties from the political process. 10 In January
       2007, a court upheld a decision denying recognition to thirteen political parties. 11
       The law and its application does not conform to the ICCPR right of all citizens to
       take part in the conduct of public affairs, directly or indirectly through freely chosen
       representatives.

    10. Article 25 extends voting rights to “every citizen.” However, in some countries,
        even citizens are denied the right to vote as a matter of law. In the United States, all
        mentally competent adults have the right to vote except for convicted felons. This
        restriction on the right to vote is disproportionate to the offense and sentence, and


3
   VOTERSUNITE.ORG, VOTE TRUSTUSA, & VOTER ACTION, E-VOTING FAILURES IN THE 2006 MID-TERM
ELECTIONS 5-6 (2007).
4
  Id. at 7.
5
   Jim Stratton, Ballots Favored Dems, THE ORLANDO SENTINEL, Nov. 22, 2006, at A1, available at
http://www.verifiedvotingfoundation.org/article.php?id=6423
6
  ELECTIONLINE.ORG, supra note 2, at 9.
7
  Id. at 7.
8
  VOTERSUNITE.ORG, VOTE TRUSTUSA, & VOTER ACTION, supra note 3, at 11.
9
  Id. at 15.
10
   HUMAN RIGHTS WATCH, MONOPOLIZING POWER, EGYPT’S POLITICAL PARTIES LAW 8 (2007).
11
   Challiss McDonough, Egyptian Court Rejects New Political Parties, VOICE OF AMERICA NEWS, Jan. 8,
2007, http://www.voanews.com/english/2007-01-08-voa49.cfm.
A/HRC/4/NGO/7
                                                                                             page 5

        results in a disproportionate racial impact on minorities. 12 The Human Rights
        Committee criticized such disenfranchisement in the past. The European Court of
        Human Rights has also found that the restriction of voting rights of all convicted
        prisoners violated Article 3 of Protocol No. 1 of the European Convention on
        Human Rights. 13

     11. Despite legal protections, women faced considerable obstacles to participation as
         voters, administrators and candidates in 2006 Presidential and local elections in
         Yemen. 14 Women candidates received pressure from political parties, civil servants,
         electoral officials, and family and tribe members to end their candidacy. 15 The
         institutional opposition to participation contravenes CEDAW.

Abridgment by Fraud

     12. During the 2006 presidential election in Belarus, campaign activity occurred at
         polling stations on behalf of the incumbent, identical signatures were observed on
         voting lists at polling stations, voting did not always take place in secrecy, ballot
         boxes were not always sealed and unauthorized persons were observed in polling
         stations directing poll workers. 16 Additionally, the OSCE obtained reports that
         authorities held over 100 campaign activists under detention or administrative arrest
         the day prior to the election. 17 Numerous reports also conveyed accounts of threats
         and harassment. This activity conflicts with Article 25’s core provisions, which call
         for the ability to take part in public affairs and vote in genuine elections by secret
         ballot that expresses “the will of the electors.”

     13. Although elections in Aceh, Indonesia represented a significant step forward in
         resolving conflict between the government and local groups, there are allegations
         that the election was not free of fraudulent activity. Evidence surfaced of
         candidates using money to win over voters, ballots went missing and voter who
         were not registered at polling stations were frequently allowed to vote. 18 European
         Union monitors observed similar problems involving the failure to seal ballot boxes,
         lack of adherence to procedure in voter identification and voter intimidation in
         Uganda. 19

     14. In Egypt, the Minister of Justice ordered two judges attempting to investigate
         irregularities in the 2005 parliamentary elections to stand before a disciplinary
         tribunal. 20 Eight other judges also faced threats of disciplinary action. 21 While, the

12
   Paragraph 14 of the Human Rights Committee’s General Comment 25 provides that restrictions on the right
should be proportionate to the offense and sentence. HRC Gen. Comment 25, U.N. doc.
CCPR/C/21/Rev.1/Add.7 (1996).
13
   Hirst v. United Kingdom, no. 74025/01, ECHR (2005), available at http://www.echr.coe.int
14
   EUROPEAN UNION, ELECTION OBSERVATION MISSION YEMEN 2006 FINAl REPORT 26 (2006).
15
   Id at 27.
16
   ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE, INTERNATIONAL ELECTION OBSERVATION
MISSION: PRESIDENTIAL ELECTION REPUBLIC OF BELARUS – 19 MARCH 2006, at 13 (2006)
17
   Id. at 8.
18
   ASIAN NETWORK FOR FREE ELECTIONS, ANFREL STATEMENT OF ACEH ELECTION 3-4 (2006).
19
   EUROPEAN UNION, ELECTION OBSERVATION MISSION UGANDA 2006 FINAl REPORT 32 (2006).
20
    Press Release, Human Rights Watch, Egypt: Investigate Election Fraud, Not Judges (Apr. 26, 2006).
http://hrw.org/english/docs/2006/04/25/egypt13269.htm.
A/HRC/4/NGO/7
                                                                                                page 6

        disciplinary board acquitted one judge and gave the other a reprimand, 22 the
        disciplinary proceedings represent an obstruction to transparent elections and the
        expression of the will of the people.

     15. In Pakistan, widespread irregularities in 2005 local elections included ballot
         stuffing, vote buying, multiple voting and selective use of indelible ink. 23 In
         Balochistan province, an election official openly backed candidates. 24 Public
         statements by government authorities now suggest 2007 parliamentary elections
         may be delayed for no legitimate reason. 25

Media Derogation of Legitimate and Transparent Elections

     16. Many elections are not accompanied by unbiased media coverage. In Georgia the
         Uniform Election Code allowed for an equal amount of free television
         advertisement time for candidates. However, outside of this free time, the
         overwhelming majority of coverage went to the incumbent president and the
         government. 26 This coverage was regularly indistinguishable from campaign
         advertisement because the same campaign slogans as in the paid advertisements
         were used in news coverage. 27 In Belarus the control of the media was more
         explicit. Although the election code allows for free airtime on state TV, opposition
         messages faced censorship. 28 The OSCE reported three instances where television
         and radio cut opposition messages or censored them outright. 29 Additionally, police
         confiscated non-state newspapers on multiple occasions during the campaign. 30
         Voters depend principally on the media represents to collect information during
         elections; therefore it is vital that the media exercise an objective role in delivering
         complete and unbiased information.

     Conclusion and Recommendations

     17. HRA calls on all nations to comply and respect all relevant treaties supporting the
         right to vote; and calls upon the Council to appoint a Special Rapporteur dealing
         with the right to vote, who can conduct a study on meaningful parameters of
         election-related norms, commitments, principles, and good practices and collect and
         address complaints regarding abridgment of the right.

                                                    -----

21
   Public Statement, Amnesty International, Egypt: Disciplinary action against judges a challenge to judicial
independence (Apr. 28, 2006)., http://web.amnesty.org/library/Index/ENGMDE120072006?open&of=ENG-
EGY.
22
     Mohamed El-Sayed, Balances of Power, AL-AHRAM WEEKLY ON-LINE, Dec. 28, 2006,
http://weekly.ahram.org.eg/2006/826/eg1.htm
23
   INTERNATIONAL CRISIS GROUP, PAKISTAN’S LOCAL POLLS: SHORING UP MILITARY RULE 9 (2005).
24
   Id at 10.
25
   Press Release, Human Rights Watch, Pakistan: Bus Should Urge End to Military Rule (Feb. 25, 2006).
26
    ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE, GEORGIA: MUNICIPAL ELECTIONS 5
OCTOBER 2006, at 15 (2006).
27
   Id.
28
   ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE, supra note 15, at 9-10.
29
   Id. at 10.
30
   Id. at 9.

Mais conteúdo relacionado

Mais procurados

ABA ICC Topline July 2016
ABA ICC Topline July 2016ABA ICC Topline July 2016
ABA ICC Topline July 2016abaiccproject
 
Complaint cj-pearson-v.-kemp-11.25.2020
Complaint cj-pearson-v.-kemp-11.25.2020Complaint cj-pearson-v.-kemp-11.25.2020
Complaint cj-pearson-v.-kemp-11.25.2020ELIAS OMEGA
 
Aba icc data 3 14 14
Aba icc data 3 14 14Aba icc data 3 14 14
Aba icc data 3 14 14budparr
 
Complaint cj-pearson-v.-kemp-11.25.2020
Complaint cj-pearson-v.-kemp-11.25.2020Complaint cj-pearson-v.-kemp-11.25.2020
Complaint cj-pearson-v.-kemp-11.25.2020Kenneth Hogge Sr
 
American Bar Association ICC Project Topline-2017-07-14
American Bar Association ICC Project Topline-2017-07-14American Bar Association ICC Project Topline-2017-07-14
American Bar Association ICC Project Topline-2017-07-14abaiccproject
 
American Bar Association ICC Project Topline April 2018
American Bar Association ICC Project Topline April 2018American Bar Association ICC Project Topline April 2018
American Bar Association ICC Project Topline April 2018abaiccproject
 
Article 39 Citizens United
Article 39 Citizens UnitedArticle 39 Citizens United
Article 39 Citizens Unitedpapease
 
Us presidential elections
Us presidential electionsUs presidential elections
Us presidential electionsTushar Chawla
 
The Media and the Courts
The Media and the CourtsThe Media and the Courts
The Media and the CourtsDavid Ricker
 
Gender monitoring of parliamentary elections 2012 in Ukraine
Gender monitoring of parliamentary elections 2012 in UkraineGender monitoring of parliamentary elections 2012 in Ukraine
Gender monitoring of parliamentary elections 2012 in UkraineWomen's Consortium of Ukraine
 
National Civic Summit - Dēmos Factsheet
National Civic Summit - Dēmos FactsheetNational Civic Summit - Dēmos Factsheet
National Civic Summit - Dēmos FactsheetNational Civic Summit
 
Hiwar » Egypt in Heated Debate Over Female Judges » Print
Hiwar » Egypt in Heated Debate Over Female Judges » PrintHiwar » Egypt in Heated Debate Over Female Judges » Print
Hiwar » Egypt in Heated Debate Over Female Judges » PrintOlfa G. Tantawi
 
Dasetal substanceuseandrtisr indiatip
Dasetal substanceuseandrtisr indiatipDasetal substanceuseandrtisr indiatip
Dasetal substanceuseandrtisr indiatipDr.Dinesh Shende
 
AP Government 1989 MC Exam
AP Government 1989 MC ExamAP Government 1989 MC Exam
AP Government 1989 MC Examcollinbentley1
 
Maisanta april2009 final
Maisanta april2009 finalMaisanta april2009 final
Maisanta april2009 finalmajoteros
 
Deepening-Democracy-A-Strategy-for-Improving-the-Integrity-of-Elections-World...
Deepening-Democracy-A-Strategy-for-Improving-the-Integrity-of-Elections-World...Deepening-Democracy-A-Strategy-for-Improving-the-Integrity-of-Elections-World...
Deepening-Democracy-A-Strategy-for-Improving-the-Integrity-of-Elections-World...Kerry Kraemer
 

Mais procurados (19)

ABA ICC Topline July 2016
ABA ICC Topline July 2016ABA ICC Topline July 2016
ABA ICC Topline July 2016
 
Complaint cj-pearson-v.-kemp-11.25.2020
Complaint cj-pearson-v.-kemp-11.25.2020Complaint cj-pearson-v.-kemp-11.25.2020
Complaint cj-pearson-v.-kemp-11.25.2020
 
Aba icc data 3 14 14
Aba icc data 3 14 14Aba icc data 3 14 14
Aba icc data 3 14 14
 
Complaint cj-pearson-v.-kemp-11.25.2020
Complaint cj-pearson-v.-kemp-11.25.2020Complaint cj-pearson-v.-kemp-11.25.2020
Complaint cj-pearson-v.-kemp-11.25.2020
 
9 civics 3.8.11
9 civics 3.8.119 civics 3.8.11
9 civics 3.8.11
 
American Bar Association ICC Project Topline-2017-07-14
American Bar Association ICC Project Topline-2017-07-14American Bar Association ICC Project Topline-2017-07-14
American Bar Association ICC Project Topline-2017-07-14
 
ABA ICC November 2015
ABA ICC November 2015ABA ICC November 2015
ABA ICC November 2015
 
American Bar Association ICC Project Topline April 2018
American Bar Association ICC Project Topline April 2018American Bar Association ICC Project Topline April 2018
American Bar Association ICC Project Topline April 2018
 
Article 39 Citizens United
Article 39 Citizens UnitedArticle 39 Citizens United
Article 39 Citizens United
 
Us presidential elections
Us presidential electionsUs presidential elections
Us presidential elections
 
The Media and the Courts
The Media and the CourtsThe Media and the Courts
The Media and the Courts
 
Gender monitoring of parliamentary elections 2012 in Ukraine
Gender monitoring of parliamentary elections 2012 in UkraineGender monitoring of parliamentary elections 2012 in Ukraine
Gender monitoring of parliamentary elections 2012 in Ukraine
 
National Civic Summit - Dēmos Factsheet
National Civic Summit - Dēmos FactsheetNational Civic Summit - Dēmos Factsheet
National Civic Summit - Dēmos Factsheet
 
Ap Mc Review
Ap Mc ReviewAp Mc Review
Ap Mc Review
 
Hiwar » Egypt in Heated Debate Over Female Judges » Print
Hiwar » Egypt in Heated Debate Over Female Judges » PrintHiwar » Egypt in Heated Debate Over Female Judges » Print
Hiwar » Egypt in Heated Debate Over Female Judges » Print
 
Dasetal substanceuseandrtisr indiatip
Dasetal substanceuseandrtisr indiatipDasetal substanceuseandrtisr indiatip
Dasetal substanceuseandrtisr indiatip
 
AP Government 1989 MC Exam
AP Government 1989 MC ExamAP Government 1989 MC Exam
AP Government 1989 MC Exam
 
Maisanta april2009 final
Maisanta april2009 finalMaisanta april2009 final
Maisanta april2009 final
 
Deepening-Democracy-A-Strategy-for-Improving-the-Integrity-of-Elections-World...
Deepening-Democracy-A-Strategy-for-Improving-the-Integrity-of-Elections-World...Deepening-Democracy-A-Strategy-for-Improving-the-Integrity-of-Elections-World...
Deepening-Democracy-A-Strategy-for-Improving-the-Integrity-of-Elections-World...
 

Semelhante a Report to UN Human Rights Council, Troy Ware Mar 07

9. 2015 mwan upr disability rights js 8 upr 2nd cycle report
9.  2015 mwan upr disability rights  js 8 upr 2nd cycle report9.  2015 mwan upr disability rights  js 8 upr 2nd cycle report
9. 2015 mwan upr disability rights js 8 upr 2nd cycle reportMedicalWhistleblower
 
Voting Rights & Remedies from an International Perspective May 2016
Voting Rights & Remedies from an International Perspective May 2016Voting Rights & Remedies from an International Perspective May 2016
Voting Rights & Remedies from an International Perspective May 2016Ben Griffith
 
Eden opening the classroom
Eden opening the classroomEden opening the classroom
Eden opening the classroomprivate practice
 
1 American Civil Liberties Union Statement For .docx
1 American Civil Liberties Union Statement For .docx1 American Civil Liberties Union Statement For .docx
1 American Civil Liberties Union Statement For .docxmercysuttle
 
Electoral Process
Electoral ProcessElectoral Process
Electoral ProcessUD Teacher
 
Chapter 7 section 2
Chapter 7 section 2Chapter 7 section 2
Chapter 7 section 2mistygoetz
 
Chapter 7 the electoral process
Chapter 7 the electoral processChapter 7 the electoral process
Chapter 7 the electoral processpeterfey
 
10. 2015 mwan 072015 upr town hall treaties, international mechanisms, domes...
10.  2015 mwan 072015 upr town hall treaties, international mechanisms, domes...10.  2015 mwan 072015 upr town hall treaties, international mechanisms, domes...
10. 2015 mwan 072015 upr town hall treaties, international mechanisms, domes...MedicalWhistleblower
 
Participating in Government
Participating in GovernmentParticipating in Government
Participating in Governmentafrancksjrcs
 
11.a review of the underlying concepts of electronic voting
11.a review of the underlying concepts of electronic voting11.a review of the underlying concepts of electronic voting
11.a review of the underlying concepts of electronic votingAlexander Decker
 
A review of the underlying concepts of electronic voting
A review of the underlying concepts of electronic votingA review of the underlying concepts of electronic voting
A review of the underlying concepts of electronic votingAlexander Decker
 
The representation of minorities and indigenous peoples in parliament
The representation of minorities and indigenous peoples in parliamentThe representation of minorities and indigenous peoples in parliament
The representation of minorities and indigenous peoples in parliamentDr Lendy Spires
 
IIDH commentary on OP-ICESCR_en.pdf
IIDH commentary on OP-ICESCR_en.pdfIIDH commentary on OP-ICESCR_en.pdf
IIDH commentary on OP-ICESCR_en.pdfsazzadalisakib1
 
INTERNATION HUMAN RIGHT NOTES Law student notes
INTERNATION HUMAN RIGHT NOTES Law student notesINTERNATION HUMAN RIGHT NOTES Law student notes
INTERNATION HUMAN RIGHT NOTES Law student notestecktrace
 
J S14 Joint Submission14 Medical Whistleblower
J S14  Joint Submission14  Medical  WhistleblowerJ S14  Joint Submission14  Medical  Whistleblower
J S14 Joint Submission14 Medical WhistleblowerMedicalWhistleblower
 
Public accountability pattern in plml format
Public accountability pattern in plml formatPublic accountability pattern in plml format
Public accountability pattern in plml formatJohn Thomas
 
Westby the role of science and technology as empowerment
Westby the role of science and technology as empowermentWestby the role of science and technology as empowerment
Westby the role of science and technology as empowermentDr Lendy Spires
 

Semelhante a Report to UN Human Rights Council, Troy Ware Mar 07 (20)

9. 2015 mwan upr disability rights js 8 upr 2nd cycle report
9.  2015 mwan upr disability rights  js 8 upr 2nd cycle report9.  2015 mwan upr disability rights  js 8 upr 2nd cycle report
9. 2015 mwan upr disability rights js 8 upr 2nd cycle report
 
B03610507
B03610507B03610507
B03610507
 
Voting Rights & Remedies from an International Perspective May 2016
Voting Rights & Remedies from an International Perspective May 2016Voting Rights & Remedies from an International Perspective May 2016
Voting Rights & Remedies from an International Perspective May 2016
 
Eden opening the classroom
Eden opening the classroomEden opening the classroom
Eden opening the classroom
 
1 American Civil Liberties Union Statement For .docx
1 American Civil Liberties Union Statement For .docx1 American Civil Liberties Union Statement For .docx
1 American Civil Liberties Union Statement For .docx
 
Election integrity-manual
Election integrity-manualElection integrity-manual
Election integrity-manual
 
Electoral Process
Electoral ProcessElectoral Process
Electoral Process
 
Chapter 7 section 2
Chapter 7 section 2Chapter 7 section 2
Chapter 7 section 2
 
Chapter 7 the electoral process
Chapter 7 the electoral processChapter 7 the electoral process
Chapter 7 the electoral process
 
Mod 3 International
Mod 3 InternationalMod 3 International
Mod 3 International
 
10. 2015 mwan 072015 upr town hall treaties, international mechanisms, domes...
10.  2015 mwan 072015 upr town hall treaties, international mechanisms, domes...10.  2015 mwan 072015 upr town hall treaties, international mechanisms, domes...
10. 2015 mwan 072015 upr town hall treaties, international mechanisms, domes...
 
Participating in Government
Participating in GovernmentParticipating in Government
Participating in Government
 
11.a review of the underlying concepts of electronic voting
11.a review of the underlying concepts of electronic voting11.a review of the underlying concepts of electronic voting
11.a review of the underlying concepts of electronic voting
 
A review of the underlying concepts of electronic voting
A review of the underlying concepts of electronic votingA review of the underlying concepts of electronic voting
A review of the underlying concepts of electronic voting
 
The representation of minorities and indigenous peoples in parliament
The representation of minorities and indigenous peoples in parliamentThe representation of minorities and indigenous peoples in parliament
The representation of minorities and indigenous peoples in parliament
 
IIDH commentary on OP-ICESCR_en.pdf
IIDH commentary on OP-ICESCR_en.pdfIIDH commentary on OP-ICESCR_en.pdf
IIDH commentary on OP-ICESCR_en.pdf
 
INTERNATION HUMAN RIGHT NOTES Law student notes
INTERNATION HUMAN RIGHT NOTES Law student notesINTERNATION HUMAN RIGHT NOTES Law student notes
INTERNATION HUMAN RIGHT NOTES Law student notes
 
J S14 Joint Submission14 Medical Whistleblower
J S14  Joint Submission14  Medical  WhistleblowerJ S14  Joint Submission14  Medical  Whistleblower
J S14 Joint Submission14 Medical Whistleblower
 
Public accountability pattern in plml format
Public accountability pattern in plml formatPublic accountability pattern in plml format
Public accountability pattern in plml format
 
Westby the role of science and technology as empowerment
Westby the role of science and technology as empowermentWestby the role of science and technology as empowerment
Westby the role of science and technology as empowerment
 

Report to UN Human Rights Council, Troy Ware Mar 07

  • 1. Troy C. Ware 4412 Rynex Drive Alexandria, Virginia 22312 Telephone: 415-244-8317 e-mail: tcware@dons.usfca.edu Writing Sample: Right to Vote Short Report I am attaching a four page report on the right to vote that I submitted to the United Nations Human Rights Council in 2007. This document summarized violations of the right to vote worldwide and made specific recommendations on measures to protect the right to the Council. I wrote this report on behalf of Human Right Advocates (HRA), a non- governmental organization with consultative status with the U.N., and it was included as an agenda item for the Council under general debate during the 4th session. Additionally, this report is based on a longer report which I drafted on the right to vote that may be found at the HRA web site at http://www.humanrightsadvocates.org/UN%20interventions%20list1.htm under reports for the 4th session of the Human Rights Council. My supervisor and HRA board member, Professor Connie de la Vega has granted me permission to use this short statement as a writing sample. The short report may be found online by searching for document A/HRC/4/NGO/7 in the official document system of the United Nations at http://documents.un.org.
  • 2. UNITED NATIONS A General Assembly Distr. GENERAL A/HRC/4/NGO/7 2 March 2007 ENGLISH ONLY HUMAN RIGHTS COUNCIL Fourth session Item 2 of the provisional agenda IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251 OF 15 MARCH 2006 ENTITLED “HUMAN RIGHTS COUNCIL” Written statement* submitted by Human Rights Advocates, Inc. (HRA), a non-governmental organization in special consultative status The Secretary-General has received the following written statement which is circulated in accordance with Economic and Social Council resolution 1996/31. [19 February 2007] * This written statement is issued, unedited, in the language(s) received from the submitting non-governmental organization(s). GE.07-1123
  • 3. A/HRC/4/NGO/7 page 3 The Right to Vote 1. Human Rights Advocates, Inc. (HRA) submits the following statement on the issues of voting rights. The Right to Vote 2. Article 25 of the International Covenant on Civil and Political Rights (ICCPR) codifies the principles of public participation and voting, stating that every citizen shall have the right to, take part in public affairs, vote in “genuine periodic elections”, by “universal and equal suffrage”, having equal access to public service in his country. The Human Rights Committee in General Comment No. 25 and makes clear that violations of these individual rights justify claims under the first Optional Protocol. Moreover, the right to public participation and to vote is protected by Protocol One to the European Convention on Human Rights, Article 23 of the American Convention on Human Rights, and Article 13 of the African Charter of Human and People’s Rights. Article 7 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) protects the right of women to vote on an equal basis with men. Despite widespread recognition, many governments continue to derogate voting rights by the operation of law, fraudulent means, the use of new technology, and media bias. It is critical that the Council take action to promote this fundamental right. Finally, the right to vote is the most fundamental of all human rights as a means to protect against the violation of other human rights. The right to vote is an example of why it is critical that the Council’s agenda allows for raising issues not already before it. Lack of Genuine and Transparent Elections due to Electronic Voting 3. The ICCPR’s Article 25 states that every citizen has the right to take part in “genuine” elections. The unreliability, security concerns, and human error associated with new electronic voting technology threatens this right. Reports surrounding the 2006 elections in the United States suggest that problems persist with electronic voting technology. It should be noted that, after the elections, leaders in various public posts acknowledged and pledged to correct deficiencies prior to the 2008 election. 4. A study before the elections demonstrated that electronic voting machines were susceptible to vote stealing and denial of service attacks. 1 The ease of conducting attacks virally, through passive means not easily detected and erasing evidence of wrongdoing enhances the threat that these attacks pose to electronic voting machines. Additionally, it was reported that discrepancies in vote tallies and malfunctions with electronic voting machines occurred in primary elections in the United States. 2 Despite warnings many states did not make necessary changes with voting machines or software because of lack of time. 1 Ariel J Feldman et al., Princeton University, Security Analysis of the Diebold AccuVote-TS Voting Machine (2006). 2 ELECTIONLINE.ORG, THE 2006 ELECTION 5 (2006).
  • 4. A/HRC/4/NGO/7 page 4 5. Use of direct recording electronic (DRE) machines resulted in 181 reports of flipped votes, situations where the voter’s choice is not reflected according to national voter advocacy group. 3 In many instances the opposing candidate’s name was reported reflected on the screen of the machine. 6. Voters and officials encountered problems where states used machines equipped with a Voter Verified Paper Audit Trail (VVPAT). Problems included the text on the paper trail not matching choices given by the machine, the printer running out of paper, the printer just not operating, or the printout not matching the voter’s choice. 4 7. In a race in Florida’s 13th Congressional District, with a margin of victory of 369 votes, machines in one county did not record votes for 18,000 voters. 5 According to reports one poll worker said the touch-screen machines did not register votes for Congress and the county election chief was reported to have identified problems in displaying the congressional race on screens days before the election. 6 8. The new technology proved difficult to operate as many election officials across the country did not prepare poll workers. Poll workers in Pittsburgh and Cleveland faced difficultly starting voting machines. 7 In Denver poll workers could not quickly troubleshoot touch screen voting machines. 8 It was estimated that over 20,000 did not vote in Denver due to resulting long lines. 9 Abridgement by Operation of Law 9. Egypt’s arbitrary use of the vague Political Parties Law to regulate licensing and activities of political parties and disallow activity that contradicts “national unity” resulted in the exclusion of many parties from the political process. 10 In January 2007, a court upheld a decision denying recognition to thirteen political parties. 11 The law and its application does not conform to the ICCPR right of all citizens to take part in the conduct of public affairs, directly or indirectly through freely chosen representatives. 10. Article 25 extends voting rights to “every citizen.” However, in some countries, even citizens are denied the right to vote as a matter of law. In the United States, all mentally competent adults have the right to vote except for convicted felons. This restriction on the right to vote is disproportionate to the offense and sentence, and 3 VOTERSUNITE.ORG, VOTE TRUSTUSA, & VOTER ACTION, E-VOTING FAILURES IN THE 2006 MID-TERM ELECTIONS 5-6 (2007). 4 Id. at 7. 5 Jim Stratton, Ballots Favored Dems, THE ORLANDO SENTINEL, Nov. 22, 2006, at A1, available at http://www.verifiedvotingfoundation.org/article.php?id=6423 6 ELECTIONLINE.ORG, supra note 2, at 9. 7 Id. at 7. 8 VOTERSUNITE.ORG, VOTE TRUSTUSA, & VOTER ACTION, supra note 3, at 11. 9 Id. at 15. 10 HUMAN RIGHTS WATCH, MONOPOLIZING POWER, EGYPT’S POLITICAL PARTIES LAW 8 (2007). 11 Challiss McDonough, Egyptian Court Rejects New Political Parties, VOICE OF AMERICA NEWS, Jan. 8, 2007, http://www.voanews.com/english/2007-01-08-voa49.cfm.
  • 5. A/HRC/4/NGO/7 page 5 results in a disproportionate racial impact on minorities. 12 The Human Rights Committee criticized such disenfranchisement in the past. The European Court of Human Rights has also found that the restriction of voting rights of all convicted prisoners violated Article 3 of Protocol No. 1 of the European Convention on Human Rights. 13 11. Despite legal protections, women faced considerable obstacles to participation as voters, administrators and candidates in 2006 Presidential and local elections in Yemen. 14 Women candidates received pressure from political parties, civil servants, electoral officials, and family and tribe members to end their candidacy. 15 The institutional opposition to participation contravenes CEDAW. Abridgment by Fraud 12. During the 2006 presidential election in Belarus, campaign activity occurred at polling stations on behalf of the incumbent, identical signatures were observed on voting lists at polling stations, voting did not always take place in secrecy, ballot boxes were not always sealed and unauthorized persons were observed in polling stations directing poll workers. 16 Additionally, the OSCE obtained reports that authorities held over 100 campaign activists under detention or administrative arrest the day prior to the election. 17 Numerous reports also conveyed accounts of threats and harassment. This activity conflicts with Article 25’s core provisions, which call for the ability to take part in public affairs and vote in genuine elections by secret ballot that expresses “the will of the electors.” 13. Although elections in Aceh, Indonesia represented a significant step forward in resolving conflict between the government and local groups, there are allegations that the election was not free of fraudulent activity. Evidence surfaced of candidates using money to win over voters, ballots went missing and voter who were not registered at polling stations were frequently allowed to vote. 18 European Union monitors observed similar problems involving the failure to seal ballot boxes, lack of adherence to procedure in voter identification and voter intimidation in Uganda. 19 14. In Egypt, the Minister of Justice ordered two judges attempting to investigate irregularities in the 2005 parliamentary elections to stand before a disciplinary tribunal. 20 Eight other judges also faced threats of disciplinary action. 21 While, the 12 Paragraph 14 of the Human Rights Committee’s General Comment 25 provides that restrictions on the right should be proportionate to the offense and sentence. HRC Gen. Comment 25, U.N. doc. CCPR/C/21/Rev.1/Add.7 (1996). 13 Hirst v. United Kingdom, no. 74025/01, ECHR (2005), available at http://www.echr.coe.int 14 EUROPEAN UNION, ELECTION OBSERVATION MISSION YEMEN 2006 FINAl REPORT 26 (2006). 15 Id at 27. 16 ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE, INTERNATIONAL ELECTION OBSERVATION MISSION: PRESIDENTIAL ELECTION REPUBLIC OF BELARUS – 19 MARCH 2006, at 13 (2006) 17 Id. at 8. 18 ASIAN NETWORK FOR FREE ELECTIONS, ANFREL STATEMENT OF ACEH ELECTION 3-4 (2006). 19 EUROPEAN UNION, ELECTION OBSERVATION MISSION UGANDA 2006 FINAl REPORT 32 (2006). 20 Press Release, Human Rights Watch, Egypt: Investigate Election Fraud, Not Judges (Apr. 26, 2006). http://hrw.org/english/docs/2006/04/25/egypt13269.htm.
  • 6. A/HRC/4/NGO/7 page 6 disciplinary board acquitted one judge and gave the other a reprimand, 22 the disciplinary proceedings represent an obstruction to transparent elections and the expression of the will of the people. 15. In Pakistan, widespread irregularities in 2005 local elections included ballot stuffing, vote buying, multiple voting and selective use of indelible ink. 23 In Balochistan province, an election official openly backed candidates. 24 Public statements by government authorities now suggest 2007 parliamentary elections may be delayed for no legitimate reason. 25 Media Derogation of Legitimate and Transparent Elections 16. Many elections are not accompanied by unbiased media coverage. In Georgia the Uniform Election Code allowed for an equal amount of free television advertisement time for candidates. However, outside of this free time, the overwhelming majority of coverage went to the incumbent president and the government. 26 This coverage was regularly indistinguishable from campaign advertisement because the same campaign slogans as in the paid advertisements were used in news coverage. 27 In Belarus the control of the media was more explicit. Although the election code allows for free airtime on state TV, opposition messages faced censorship. 28 The OSCE reported three instances where television and radio cut opposition messages or censored them outright. 29 Additionally, police confiscated non-state newspapers on multiple occasions during the campaign. 30 Voters depend principally on the media represents to collect information during elections; therefore it is vital that the media exercise an objective role in delivering complete and unbiased information. Conclusion and Recommendations 17. HRA calls on all nations to comply and respect all relevant treaties supporting the right to vote; and calls upon the Council to appoint a Special Rapporteur dealing with the right to vote, who can conduct a study on meaningful parameters of election-related norms, commitments, principles, and good practices and collect and address complaints regarding abridgment of the right. ----- 21 Public Statement, Amnesty International, Egypt: Disciplinary action against judges a challenge to judicial independence (Apr. 28, 2006)., http://web.amnesty.org/library/Index/ENGMDE120072006?open&of=ENG- EGY. 22 Mohamed El-Sayed, Balances of Power, AL-AHRAM WEEKLY ON-LINE, Dec. 28, 2006, http://weekly.ahram.org.eg/2006/826/eg1.htm 23 INTERNATIONAL CRISIS GROUP, PAKISTAN’S LOCAL POLLS: SHORING UP MILITARY RULE 9 (2005). 24 Id at 10. 25 Press Release, Human Rights Watch, Pakistan: Bus Should Urge End to Military Rule (Feb. 25, 2006). 26 ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE, GEORGIA: MUNICIPAL ELECTIONS 5 OCTOBER 2006, at 15 (2006). 27 Id. 28 ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE, supra note 15, at 9-10. 29 Id. at 10. 30 Id. at 9.