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Opinion

Is election observation just a ritual?

Rajaram Bartaula

Rajaram Bartaula

 |  Kathmandu

We often hear that the election observers are deployed from home and abroad during local, provincial, and federal elections. They also issue a report upon completion of the observation of the election on the same day the election is held. For this, the Election Commission, when the date for elections is announced and preparation for the election begins, announces a call for the intended election observer organizations from civic organizations to apply for it. This time, while the election commission of Nepal is intensely busy with the upcoming March 5, 2026, election has granted its approval to 31 organizations including 27 national and four international organizations, to observe the scheduled election for the House of Representatives.  The four international election observer organizations are The Carter Center, Atlanta, USA; The Multidisciplinary Institute of Training and Learning, Massachusetts; ANFREL (Asian Network for Free Elections); and the International Republican Institute.

We are used to elections for several years during the panchayat, constitutional monarchy under multiparty democracy and federal republican democratic era, more pronounced about it has been listened after the reinstatement of democracy in Nepal. We never heard about election observation from civic bodies or non-governmental organizations except the election management body. It is quite interesting to note why democracy needs authentication and approval from the civic bodies for the validation of an election held fairly and impartially without any infringement of negative influencers.  It is because democracy demands the authenticity, credibility, and validity of the elections where people’s representation is concerned, and its acceptance from the mass including the international community with whom we have friendly relations. 

Recently, the Election Commission of Nepal recently faced public backlash after sending a two-member team to observe Myanmar's general elections. Critics questioned the move, noting that the elections were held under the same military junta that seized power in a 2021 coup—a process widely denounced by international observers for lacking credibility.

However, Nepal has friendly relations with Myanmar; being a military regime, the intentions and actions of it were questioned, whether it complies with democratic ethics and values. The election commission was forced to issue its clarification with the statement that it sent its observers for a study of Myanmar’s electoral process. As the election management body’s statement carries no weight, because if it were for the study purpose, the team should have been named as a study team rather than with an observation status.

This episode explains the necessity of election observation to showcase the impartiality of the election and its credibility, as well as broader recognition from the international community that the elections were held democratically and their representation is acceptable to them to work together at the broader democratic framework. 

Election observers need to watch closely whether the voters are rightly communicated with the candidates and their election manifestos, commitments, and educated.

This one case speaks volumes about the importance of the election observation. The election observers are deployed in the electoral constituencies not only on election day but also from the beginning, once the election schedule is out. There are long-term and short-term election observers. The long-term observers are deployed in the field when the registration of candidates begins and last until the announcement of election results. The short-term observers are deployed during the election to observe the violation of the election code of conduct. 

To deploy or not to deploy the election observers is the sole authority and discretion of the election management body. Even the government does not have its say in it. Therefore, it is not mandatory. But, with the presence of the international and domestic observers, as watchdog and impartial players, endorses the validity of the election and widens its credibility and acceptability.

In many established democracies, they do not deploy the election observers, nor do they issue an election code of conduct to streamline the activities and actions of the stakeholders in line with the prescribed code of conduct. They basically depend on the ethical values and democratic practice guided by the rules of law. Although it may not be mandatory, the election code of conduct in the third world democracies is thought essential to hold the electoral integrity and create a level playing field. In order to provide equal opportunity and access to political representation, the election code of conduct plays an important role itself. In the absence of it, the mighty social, political, and economic hierarchy may snatch all the benefits of the electoral outcomes. In countries like Nepal, where corruption has become the norm, without proper binding enforcement, the outcome of the election would be uneven. The moral obligation remains only in the book. In practice, it would be an unfair game.

About Nepal, having accepted the requirement and importance of the election code of conduct, it looks lengthy as it has not left any sector, even the individual, outside of its purview, which is somewhat looks uneasy. It would be better if we could have a brief but concise code of conduct at hand so that it could be applied easily.    

Finally, having a customary practice of election observation for consecutive elections after the initiation of democratic governance, we now focus on voter-centric observation too, making them accountable for their rational choice. Think about it, if they lose the right to complain about their bad choice. As they sow, they reap, the repeated failures of the elected government are blamed for the system failures, while voters are also equally responsible for their bad choice. Now time to make voters more accountable for their voting patterns. The continuation of the voting pattern following the customary one results in a static electoral outcome without any substantial change in governance. And therefore, election observers need to watch closely whether the voters are rightly communicated with the candidates and their election manifestos, commitments, and educated. Equally aware should be of observing the discriminatory behavior from the stakeholders.

(Mr. Bartaula is a former Diplomatic Officer of the Government of Nepal.) 



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