Democracy’s Guardians

Electoral observers are key to protecting democracy – but they often risk their lives. In the face of increasing polarization and violence, they urgently need protection. Against this backdrop, on 30 April, the Inter-American Commission on Human Rights (IACHR) issued Resolution 1/24 which recognizes “in electoral observers (…) the character of human rights defenders.” The operative part of the text clearly outlines the obligations of States. It emphasizes that States must refrain from arbitrary interference in the work of electoral observers, ensure conditions conducive to independent and impartial electoral observation, provide accreditation and access to necessary information, and crucially, physically protect them.

To do this, it acted by exercising Powers conferred by the American Convention on Human Rights (Art. 41b) and considering that the Heads of State and Government of the Americas, at the June 2022 Summit, recognized “the importance of electoral observation missions”.

This recognition is preceded by the October 2022 declaration by Mary Lawlor, UN Special Rapporteur on human rights defenders, together with Clément Nyaletossi Voule, UN Special Rapporteur on freedom of peaceful assembly and of association. In their joint declaration on “The Situation of National and International Election Observers as Human Rights Defenders”, they stated:

“We wish to emphasize that election observers are human rights defenders and civil society actors. Therefore, States must allow independent and impartial observation of elections by all observers, including those from abroad.”

The importance of electoral observation

Electoral observation missions serve as both political activities and technical evaluations, aiming to assess the regularity of electoral processes within the context of each country’s internal norms, institutions, and political culture.

These missions monitor and evaluate elections to ensure they are conducted fairly, transparently, and democratically, adhering to basic principles such as impartiality, transparency, and non-interference in the electoral process. Electoral observation plays a fundamental role in generating public trust in electoral actors, authorities, and the electoral body.

The Inter-American Commission’s Resolution

The Resolution begins by highlighting the relationship between respect for human rights and the effective exercise of democracy. It cites the Inter-American Democratic Charter and other international legal instruments that establish the essential elements of representative democracy and political rights. In its considerations, the IACHR reaffirms the fundamental role of human rights defenders in building and consolidating democracy and the rule of law. It defines a human rights defender as any person who promotes or seeks the realization of human rights and fundamental freedoms.

The importance of the IACHR’s recent Resolution lies in the fact that it is not merely declarative, as it implies duties for signatory states that may generate international liability. It identifies the recognition of different significant aspects such as the official consecration of the purpose of the observation exercise, stating that it “aims to analyze the legal, procedural and institutional conditions of an electoral process, to provide observations and recommendations to States regarding compliance with national norms, as well as international human rights standards on the matter” (Consideration 6).

Particularly noteworthy is that the Resolution sets out the “conducive conditions for observation”. Those conditions include ensuring the security, freedom of movement, and freedom of expression of observers. Creating those guarantees and immunities is essential for effective electoral observation in some of the countries in the region (Consideration 4).

The Resolution also recognizes that both physical and digital spaces can be arenas for actions that may constitute “aggressions, threats and other forms of intimidation” (Consideration 6). This reference to cyberspace is a reminder that the playing field of electoral dispute has expanded, presenting new challenges and opportunities. Electoral observers must now be attentive not only to physical ballot boxes but also to possible online interference and disinformation that can affect the electoral process. They must address attacks that are generated and circulated on social networks, not only between contenders but also against the electoral body and process as well as the observers themselves.

Without mentioning it, the denomination attributed to electoral observers necessarily refers to the Resolution of the OAS General Assembly of 5 June 2007 (AG/RES.2280) entitled “Support for the tasks carried out by individuals, groups and organizations of civil society for the promotion and protection of human rights in the Americas”. This decision arises in a context where human rights defenders continue to be victims of serious violations, such as extrajudicial killings, enforced disappearances, and physical attacks. In many countries in the region, these individuals face a hostile environment that includes not only threats from non-state actors, such as organized crime groups but also from the state itself, which sometimes fails to provide necessary protection.

The OAS has reiterated its commitment to human rights defense through various previous and subsequent resolutions, highlighting the urgent need to protect those working in this area. In its operative part, this latter document establishes a comprehensive plan to strengthen the protection of human rights defenders in the Americas, which includes recognition and support for defenders, special attention to women’s rights defenders, condemnation of obstacles to their work, continued encouragement of their work, promotion of education and public awareness, and implementation of concrete protection measures by States.

Effective protection

Furthermore, the Resolution assigns a central role to the IACHR as both a guide and a supervisor of state efforts to review their national regulations. It promotes the dissemination of international instruments, suggests the creation of specific national plans, and establishes monitoring and accountability mechanisms.

By integrating these activities, the Inter-American Commission effectively places electoral observers and their activity in a position warranting special protection by States. It assigns States the responsibility “to guarantee the factual conditions in which human rights defenders can carry out their functions free from any type of intimidation” (Consideration 5).

This Resolution aligns with and is further reinforced by the landmark CAJAR v. Colombia case, where the Inter-American Court of Human Rights recognized the autonomous right to defend human rights. Together, these rulings create a robust framework for protecting human rights defenders, with the Resolution specifically extending this protection to electoral observers. This progression demonstrates the Inter-American system’s evolving commitment to safeguarding those who work to uphold democracy and human rights, whether through electoral observation or other forms of rights defense.¹⁾

As the Inter-American system continues to evolve and strengthen its framework for protecting human rights defenders, including electoral observers, it sets a powerful precedent for other regional and international bodies, underlining the critical importance of safeguarding those who work tirelessly to uphold democracy and human rights in an increasingly complex global landscape.

This article first appeared in Latin American Spanish on Agenda Estado de Derecho. The article is part of a collaboration between AED and Verfassungsblog.