Table of Jurisprudence 13. Voter Registration 13.1 Are there provisions requiring an accurate, inclusive and updated voter register? Universal Suffrage ICCPR, Art. 25: Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country. UNSC Res. 1944, Haiti (2010): Acknowledging the continued support of the Organization of American States to modernize the Haitian voter registry and stressing the importance of updating the voter list following the devastation caused by the earthquake of 12 January 2010. CCPR, GC 25, p. 11: States must take effective measures to ensure that all persons entitled to vote are able to exercise that right. Where registration of voters is required, it should be facilitated and obstacles to such registration should not be imposed. If residence requirements apply to registration, they must be reasonable, and should not be imposed in such a way as to exclude the homeless from the right to vote. Any abusive interference with registration or voting as well as intimidation or coercion of voters should be prohibited by penal laws and those laws should be strictly enforced. p. 12: Positive measures should be taken to overcome […] impediments to freedom of movement which prevent persons entitled to vote from exercising their rights effectively. A/HRC/12/15 (UPR, 2009), The Former Yugoslav Republic of Macedonia, p. 77: Conclusions and/or Recommendation, No. 37: [...] Compile a new voter registration list to ensure full participation of the electorate in future elections. A/HRC/17/30/Add.2 (SR on the independence of judges and lawyers, 2011), p. 120 (b): The Special Rapporteur recommends that the Government of Mozambique, with the assistance of the international community: [Recommends to] (iii) undertake the necessary steps to provide Mozambicans with national identification cards to allow them to be fully recognized as persons before the law. 13.2 Are there provisions requiring that the voter registration process is transparent and accessible? Transparency and the Right to Information ICCPR, Art. 19(2): Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. UNCAC, Art. 13(1): Each State Party shall take appropriate measures, within its means and in accordance with fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, […] in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption. This participation should be strengthened by such measures as: (b) Ensuring that the public has effective access to information. ICCPR, Art. 2(2): Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. UNCAC, Art. 5(1): Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability. CCPR, GC 25, p. 11: Voter education and registration campaigns are necessary to ensure the effective exercise of article 25 rights by an informed community. 182 International IDEA