First Virtual Seminar - 23 September 2021
A virtual discussion on managing elections during a pandemic took place on Thursday 23 September 2021 with commissioners and senior election officials from EMBs from south Asia, Africa and other Commonwealth countries. This was the first virtual discussion to be conducted under the auspices of the Cambridge Conference on Electoral Democracy (CCED), with the second held on 16 March 2022, the third held on 21 July 2022 and a fourth held on 6 March 2023 each exploring in more detail the challenges of managing elections during a pandemic and in times of crisis generally.
Three distinguished speakers shared their insights and recent experience.
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Mr Tom Rogers, Electoral Commissioner, Australian Electoral Commission;
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Shri Sushil Chandra, Chief Election Commissioner, Election Commission India; and
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Mr Glen Mashinini, Chairperson, Electoral Commission of South Africa.
Presentations can be opened by clicking on the name of the speaker below.
Summary
What is clear from the presentations by Australia, India and South Africa, and subsequent discussion and commentary from other commissioners, is that EMBs have worked very hard under difficult circumstances imposed by Covid in order to carry out their mandate. What is also clear is that the extent to which EMBs can carry out their mandate is conditional firstly on the national political context, and secondly the legal framework within which they have to operate. Where the legal framework allows adjustments to processes to be made so that voters remain safe and they are convinced of their safety, elections can take place (albeit that questions may still arise about the integrity and fairness of the election). But where the legal framework imposes constraints on the actions of the EMB, then it is important to not only consult with all stakeholders, including political parties and parliament, but also seek guidance on what is possible under the existing legal framework from the relevant judicial body, as noted by the Election Commission of South Africa. Noting the unparalleled context of Covid, it is prudent that EMBs be circumspect in the way they carry out their mandate to conduct an election that is perceived to be “free and fair”. The concept of “free and fair elections” is after all an ideal, suggesting that EMBs should do their best to ensure the safety of voters, as they try to ensure that the elections they conduct are free and fair. However, a rigid / inflexible approach in pursuit of “free and fair elections”, may lead to a paradoxical outcome, in the sense that an EMB may decide not to hold elections in the fear that they may not be “free and fair”, and in the process, negate the democratic principle of representation based on a legally defined tenure. To avoid this paradoxical situation, unless the effects and impact of the covid pandemic in a particular country are so devastating as to be classified as “force majeure” (i.e. akin to war, earthquake, etc.), EMBs should endeavour to prepare and hold elections, with all the necessary arrangements to secure the election environment and assure the safety of voters. This may be at additional remarkable budgetary expense, but the benefits of democratic development and consolidation by far outweigh the costs.
Shri Sushil Chandra, Hon’ble Chief Election Commissioner, Election Commission of India
Mr Glen Mashinini, Chairman, Election Commission of South Africa: "Free and Fair Elections"