OSCE/ODIHR reviews Tunisian draft law on independent election commission

Tunisia’s draft law on establishing an independent election management body addresses several key issues to the establishment and operation of a permanent and impartial election commission, but there is room for improvement, according to a review released by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on 4 December 2012.

The opinion notes that provisions for the commission’s nine-member structure, a transparent nomination and appointment procedure, the staggered renewal of the commission’s membership and an independent budget should promote public confidence in the independence and impartiality of the body.

However, the review found that the draft law could be clarified with respect to the structure of the election management body, namely its composition, duties, responsibilities and complaints and appeals procedures.

For example, consideration could be given to revising the procedures for the election and dismissal of commissioners, as well as for removing their immunity. The draft law could also specify the local election administration structure as a means to promote effective administration.

The opinion notes that the draft law could also promote gender balance within the commission, in line with Tunisia’s international obligations.

The opinion was prepared on the basis of an invitation from the Tunisian authorities. It is part of a project to promote democratic structures among the OSCE’s Mediterranean Partners for Co-operation and is the first opinion provided by ODIHR on election-related legislation in Tunisia.