Title: Electoral observation missions and respect for national sovereignty
Introduction :
Electoral observation missions constitute a key element in ensuring the legitimacy and transparency of electoral processes around the world. However, it is essential that these missions respect the laws and sovereignty of the countries in which they are deployed. This article will address the recommendations of the Congolese Association for Access to Justice (ACAJ) regarding respect for the Constitution and laws of the Democratic Republic of Congo (DRC) by electoral observation missions.
Respect for sovereignty and national laws:
The ACAJ underlines the importance for electoral observation missions to respect the legislation in force in the host country. It is based in particular on the Manual for European Union Election Observation Missions which stipulates that official EU observers must comply with the law of the country where they carry out their mission. It is therefore essential not to interfere in matters falling under the exclusive sovereignty of States.
Immunity of international observers:
It is important to emphasize that the status of international observer does not confer any particular immunity, unless the host country provides for it. This clarification from the ACAJ is in accordance with the Charter of the United Nations and international instruments governing diplomatic relations, which prohibit any interference in the sovereign affairs of States.
Reaction of the Congolese government:
The Congolese government has expressed its regret over the cancellation of the European Union electoral observation mission in the DRC. While highlighting the ongoing negotiations between the two parties, he regretted this decision which came during discussions on the practical modalities of deployment of the mission.
Conclusion :
Election observation missions have a crucial role in promoting democracy and transparency during elections. However, it is imperative that they respect the laws and sovereignty of the countries where they are deployed. The ACAJ’s call for all electoral observation missions to comply with the Constitution and laws of the DRC is therefore a legitimate step aimed at guaranteeing the independence and credibility of these missions.