The Organization for Security and Co-operation in Europe, despite its name, includes member states from outside of Europe, including Canada and the United States.

One of the departments within the OSCE is the Office for Democratic Institutions and Human Rights.  The ODIHR reported on the 2006 general election in Canada, having been invited to attend by the Canadian delegation.

The ODIHR's mandate?

The Office for Democratic Institutions and Human Rights (ODIHR) is the OSCE’s principal institution to assist participating States "to ensure full respect for human rights and fundamental freedoms, to abide by the rule of law, to promote principles of democracy and (…) to build, strengthen and protect democratic institutions, as well as promote tolerance throughout society" (1992 Helsinki Document).

The ODIHR monitors participating States’ compliance with OSCE human dimension commitments, and assists with improving the protection of human rights. It also organizes several meetings every year to review the implementation of OSCE human dimension commitments by participating States.

I guess the ODIHR is busy in places like the new nation states forming in the Balkans.  So I was rather surprised to discover that the ODIHR was observing Canada's election in 2006.

In response to an invitation from the Canadian Delegation to the Organization for Security and Co-operation in Europe, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) deployed an Election Assessment Mission (EAM) for the 23 January 2006 general elections in Canada. The EAM met with officials, candidates and representatives of civil society in order to get an overview of the election process and of specific legislative and administrative issues.

Now you would think that if a fair cross-section of candidates was interviewed, the ODIHR would have heard comments about restrictions on third-party advertising and on the reporting on election results.  Here is a list of the recommendations that came out of the visit by the ODIHR, broken out into general categories by me:

Centralize power into Elections Canada:

Consideration could be given to amending the Canada Elections Act so that ROs are appointed and removed by the CEO through an accountable and transparent process. ROs could be appointed for a fixed term and their appointments renewable subject to positive performance review and in keeping with general civil service provisions on retirement.

Consistent with the existing high level of overall confidence in the electoral process, and current proposals for amendments to the Canada Elections Act which would entitle the CEO to appoint the ROs, consideration could be given to de-emphasize the party engagement in the appointment of the polling officers and to further consolidate independent election administration.

If the position of Field Liaison Officer is retained, the Canada Elections Act could be amended correspondingly in order to clearly define the role and responsibilities of FLOs.

Provide more rights to prisoners, absent Canadians, and foreigners:

It is recommended that five years legal provision for Canadians living abroad [that says Canadians living abroad for that long cannot vote] be reconsidered.

Consideration could be given to amend legal provisions that limit the rights of non-citizens [to campaign for or against a candidate] in this regard.

Consideration could be given to amend Section 4, so that denial of suffrage can occur only where a person has been convicted of committing a crime of such a serious nature that forfeiture of political rights is indeed proportionate to the crime committed, that forfeiture be for an established period of time likewise proportionate, and that restoration of political rights should occur automatically after the expiration of this period of time.

Focus on women candidates:

Political parties could undertake further efforts to increase the participation of women in politics, especially as candidates in elections.

Political parties and civil society could develop concrete projects which would attract women candidates.

Make ethnicity a hiring consideration for election officials:

Consideration should be given to undertaking further efforts to recruit members of aboriginal populations and ethno-cultural minorities as poll workers in polls with a concentration of such groups.

Make it easier for international groups (like the ODIHR) and domestic special interest groups to become involved in Canada's electoral process:

Legislative provisions should be enacted to enable international observers from OSCE participating States, who are invited by the authorities, to attend all stages of the election process, in line with Paragraph 8 of the OSCE 1990 Copenhagen Document.

Legislative provisions should be enacted to enable registered domestic non-partisan observer groups to monitor all stages of the election process.

Just for completeness, here is what paragraph 8 of the 1990 Copehagen Document says:

The participating States consider that the presence of observers, both foreign and domestic, can enhance the electoral process for States in which elections are taking place. They therefore invite observers from any other CSCE participating States and any appropriate private institutions and organizations who may wish to do so to observe the course of their national election proceedings, to the extent permitted by law. They will also endeavour to facilitate similar access for election proceedings held below the national level. Such observers will undertake not to interfere in the electoral proceedings.

More recommendations from the ODIHR.  Expand televised debates to include even more parties:

Criteria for participation in televised debates could be clarified and reconsidered in order to enhance the diversity of electoral messages.

Technical issues:

In order to further enhance the accessibility of electoral legislation, it is recommended that Section 17 adaptations also be published on the Elections Canada website and provided to candidates and political parties regardless of whether or not a specific request is made.

Such exceptions [to the guidelines in riding size] could be reviewed, in line with electoral best practices concerning the equality of the vote.

Consideration should be given to examining the prescribed duties of Deputy Returning Officers and Poll clerks to ensure that staff can take breaks and attend to personal needs without disrupting the poll.

Consideration should be given to re-examine the system of numbered counterfoils. If it is retained, it is recommended to consider that the law be amended to provide for removal of the counterfoil by the voter.

In order to further enhance the transparency of the process, it is recommended that Elections Canada publish preliminary election results by polling station as soon as they have been processed, and official results once the results have been validated by the Returning Officers.

Issues related to the exercise of free speech by Canadian citizens, both with regards to limitations on advertising during the campaign, including by third parties, and on the publication of polling results:

*cough*

Right then.

So according to the ODIHR, Elections Canada ought to ignore civil service hiring guidelines and hire people according to their ethnicity, wrest the responsibility of hiring returning officers from parliament, and use its powers to make sure the right of prisoners to vote is maximized, to assure Canadians who are Canadians in name only but haven't been in the country for years continue to vote, and make certain foreigners can come into the country and start agitating for one group or another.

I guess that last one would mean a parade of Hollywood celebrities railing against the Conservatives.

But while expressing concern that foreigners ought to be allowed to offer their opinion on what government Canadians ought to be voting for, there is not a single mention on the controversy surrounding the limitations that constrain Canadians from participating in that debate themselves.

These are long-standing issues -- limitations on third-party advertising and election results reporting rules -- so the ODIHR certainly must have known about them.  Indeed, this report did make passing reference to the rules:

Parties and candidates are required to account for and report their campaign revenues and expenditures, and Elections Canada provided extensive documentation and software to facilitate this requirement. ‘Third parties’ which plan to campaign on behalf of a candidate and party must register with Elections Canada and file financial reports if they plan to spend more than 500 Canadian dollars.

What?  No recommendations on whether a review is in order of a rule subjects political messaging to oversight by the State, something that is inherently at odds with the principle of free speech?

Maybe the ODIHR will get to that once Elections Canada ensures more participation by foreigners in election advertising, and changes the rules so that the ODIHR will have an easier time observing Canadian elections.

Yes, a cynic might think that last recommendation is more about ensuring continued employment by the ODIHR, but that's such a mean-spirited thing to think.

Of course, participation in foreign missions with the ODIHR is one the travel perks Elections Canada officials enjoy.  So maybe Elections Canada and the ODIHR are both organizations with the same goal -- justifying continued oversight of complex election rules, and in doing so justifying their own existence.

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