Election observation has become a ritual practice in Nepal since the first constituent assembly election. There are several registered civic organizations engaged in observing elections and reporting thereof to the election management body with their finding and recommendations in order to remove existing legal hurdles and find remedial measures to address the concurrent issues that are detrimental to the norms, values and generally accepted practice and principles of democratic governance.

In fact, election observations in the emerging democracies are attracted and encouraged by as well as necessitated with the broader objectives of upholding, protecting, preserving and promoting the basic tenants of democratic values and principles along with protecting liberty and fundamental human rights as guaranteed by the Universal Declaration of Human Rights, and other instruments as such of International Convention on Civil and Political Rights, International Convention on Elimination of all Kinds of Discrimination, Elimination of all kinds of discrimination against Women and Protecting Rights of Disabled. 

From the electoral perspective, election observation is necessary to ensure a free fair and impartial election, confirm peoples’ participation, to take note of and calibrate the arrangement made for the inclusion, equality and equity of the electoral contest, assess election from the Gender perspective, evaluate election from an ethical perspective in general and strengthening democratic practice, allowing smooth functioning of democracy through increased Transparency and crating level playing field. Election observation, therefore, is conducted for the benefit of the people, where people want to be assured themselves about the proper use of their constitutional rights from independent opinion-makers and reliable institutions on fair assessment of the conduct of election. The independent views and opinion of the election observers facilitate others to make a larger opinion on electoral conduct for its acceptability and authenticity.

If election observation is necessary for the authenticity and acceptance of the electoral conduct and its outcome, why not the advanced countries do not follow the practice and call international observers to observe their election, this is a pertinent question sprouted in everyone’s mind. The answer is simple: the established democracies have set norms and standards of electoral practice with few chances of rigging and manipulating electoral contests, unlike in third-world democracies. The contestants are judged by the merits and thus the representation, whereas the third world leaders are groomed in patronized culture and seek blessing for electoral victories. The leaders and political parties of the emerging democracies are more inclined to the political powers games and are prone to all forms of unethical practice in order to get hold of state power. Since the functioning of democracy is itself in a crawling stage, complemented by the poor state resources, socio-economic condition, lack of voters awareness to safeguard their fundamental rights, as well as due to weak institutional base, the chances of backsliding of democracy remains high.  According to Freedom House, “Political rights and liberties around the world have fallen each year for the last 16 years.” liberalness decline is evident in the growing strength of autocracies such as China and Russia. Democracy backsliding in India and United States are also being visible gradually. Coupled by some geographical, demographical and socio-cultural factors, resistance or denial of democratic pragmatism is visible everywhere. In such a state, the nationalistic rhetoric and statements induce the ideas of illiberalism. Nationalism powers the rise of illiberalism, seek greater control in the societies, denounces opponents and projects them as adversaries and enemies of people (Francis Fukuyama).

Democracy, therefore, is highly dependent on other variables such as political stability and institutional functioning as well as creating an environment with greater emphasis on promoting merit and capability. Democracy is highly correlated with government effectiveness in delivering public services. A complete definition of democracy involves some protection for individual rights and freedom of dissent as well as majority rule. To see why democracy doesn’t work well without these, consider what is known as the paradox of democracy. The paradox is that the majority vote to abolish democracy. A staple of elections in many poor countries is to harass and intimidate the opposition so that they don’t vote. Democracy in unequal agrarian societies tends not to last, as it alternates between populist demagogues attempting redistribution and the rich striking back with military coups. A big problem with democracy and development, particularly with uneducated voters, is that the politicians could appeal to voters gut instincts of hatred, fear, nationalism, or racism to win elections.

Another problem with the ideal vision of democracy is corruption. Competitive elections are no guarantee against corruption. Politicians can buy votes instead of earning them with good government. Even this superficial sketch of democracy and its vulnerabilities has uncovered several reasons why the good government may not take hold -elite manipulation of the rules of the political game, weak social norms, landed wealth, natural resources, high inequality, corruption, and ethnic nationalism and hatreds.

In this background, the election observation and its opinion on the conduct of election, to some extend gives solace to the common people that their votes are used for the better cause of the nation and they are represented by their votes by a capable and competent candidate.  The candidates themselves will also be consoled themselves that the election observation will assure the existence of a level playing field created for every aspiring and contesting candidate in the electoral fray. Sometimes, a simple presence of an observer also discourages candidates to opt for unethical practices and forces them to comply with all the election code of conduct, legal and procedural compliances along with ethical and moral compliance. 

Ethics is not meant only for electoral candidates and political parties, it is equally obligatory and essential for the election observers to stay back from politically biased election observation. The politically biased observation is a threat to the integrity of the Institutions and to the spirit of democracy. A politically motivated election observation could mislead the public regarding the legitimacy of the election result. Therefore, the election observers are required to strictly follow the ethics and code while observing the election being present with an impartial and fair assessment of the electoral outcome.

Since our democracy is a participatory democracy with equity, equality and inclusion as the basic characteristic of the electoral system the observers stationed in the polling booths should be vigilant to this end whether the prevailing system has safeguarded the core values with state apparatus and arrangement in place for its implementation.  Also, the observers need to be aware of the judicial actions by the election management body against the violation of the electoral code of conduct. In case the observer himself/herself violates the election code of conduct, the polling officer can siege the identity card of the observer and prohibit him/her from the observation work.