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Legal Instruments on the Right of Suffrage

Universal Declaration of Human Rights
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 21.
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

International Covenant on Civil and Political Rights
Article 2
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party
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 may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:
a) To ensure that any person whose rights or freedoms as herein recognized are violated shall
an effective remedy, notwithstanding that the violation has been committed by persons acting
official capacity;
b) To ensure that any person claiming such a remedy shall have his right thereto determined
competent judicial, administrative or legislative authorities, or by any other competent authority
provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 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.

Declaration On Criteria For Free And Fair Elections
The Inter-Parliamentary Council … adopts the following Declaration on Free and fair Elections, and urges Governments and Parliaments throughout the world to be guided by the principles and standards set out therein:

1. Free and Fair Elections
In any State the authority of the government can only derive from the will of the people as expressed in genuine, free and fair elections held at regular intervals on the basis of universal, equal and secret suffrage.
2. Voting and Elections Rights
(1) Every adult citizen has the right to vote in elections, on a non-discriminatory basis.
(2) Every adult citizen has the right to access to an effective, impartial and non-discriminatory procedure for the registration of voters.
(3) No eligible citizen shall be denied the right to vote or disqualified from registration as a voter, otherwise than in accordance with objectively verifiable criteria prescribed by law, and provided that such measures are consistent with the State’s obligations under international law.
(4) Every individual who is denied the right to vote or to be registered as a voter shall be entitled to appeal to a jurisdiction competent to review such decisions and to correct errors promptly and effectively.
(5) Every voter has the right to equal and effective access to a polling station in order to exercise his or her right to vote.
(6) Every voter is entitled to exercise his or her right equally with others and to have his or her vote accorded equivalent weight to that of others.
(7) The right to vote in secret is absolute and shall not be restricted in any manner whatsoever.

International Convention on the Elimination of All Forms of Racial Discrimination

Article 5
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
…(c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service…

Convention on the Elimination of All Forms of Discrimination against Women
Article 7

States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;
(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;
(c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.

Convention on the Political Rights of Women
Article I
Women shall be entitled to vote in all elections on equal terms with men, without any discrimination.

Article II
Women shall be eligible for election to all publicly elected bodies, established by national law, on equal terms with men, without any discrimination.

Article III
Women shall be entitled to hold public office and to exercise all public functions, established by national law, on equal terms with men, without any discrimination.

Election Laws in the Philippines
1987 Philippine Constitution
Article V
SUFFRAGE

Section 1.
Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

Section 2.
The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

The Omnibus Election Code (BP 881) – 1985 is the basic law on elections. It has been amended by the 1987 Constitution and the following laws:

The Electoral Reforms Law of 1987 (RA 6646) – 1987.
This law was passed to govern the first elections under the 1987 Constitution. Inter alia it introduces reforms in canvassing, candidate eligibility, disqualification, election propaganda including common poster areas, watchers, election offenses including vote buying and vote selling.
Local Government Code (RA 7160) – 1991
This law governs the structure, operations of local government units.

Synchronized Elections Law (RA 7166) – 1992
This law provides for the synchronized holding of national and local elections. Every three (3) years, elections are held for all seats in the House of Representatives, half of the twenty-four Senate seats, and all other levels of government except barangays. The president and vice president are elected every 6 years, in accordance with the Constitution.

The Party List Law (RA 7941) – 1995
This law creates the legal framework for the 20% proportional representation for party list system mandated by Constitution. It sets a two percent (2%) threshold for each seat, and limits the number of available seats for each party, organization or coalition to three.

“Mindanao Automation” (RA 8046) – 1995
This law created the framework for the automation of elections in the Autonomous Region of Muslim Mindanao.

Voter’s Registration Act of 1996 (RA 8189) – 1996
This law provides for a general registration of voters, adopts a system of continuing registration, and establishes a permanent list of voters per precinct.

Electoral Modernization Act (RA 8436) – 1997
This law authorizes the use of automated systems in the May 11, 1998 national and local elections. It has not been implemented.

Fair Elections Act (RA 9006) – 2001
This law was passed after the removal from office of President Joseph Estrada in 2001. It deals extensively with media conduct and access, and the use of public information by parties and candidates.

Act Providing for Synchronized Barangay and SK Elections (RA 9164) – 2002
This law foresees synchronization of barangay elections with other municipal and local elections. It has not been implemented.

Overseas Voting Act (RA 9189) – 2003
This law was passed to implement the constitutional duty to ensure the rights of Filipinos living abroad to vote.

Automated Election System Law (RA 9369) – 2007
This act provides for amendments to the modernization law and mandates the use of automated election system to be pilot tested in two highly urbanized cities and two provinces each in Luzon, Visayas and Mindanao in the next elections. However, the May 2007 election will not yet see to the implementation of this law.

These are the specific objectives:

1) monitor the entire process of the 2010 elections – from electoral preparations to proclamation of candidates;

2) monitor the various components of the electoral process such as automation, campaign finance, and election violence;

3) monitor the conduct of election administration;

4) monitor the most critical areas for electoral contests;

5) employ appropriate action or intervention in cases of observed irregularities in the electoral process and violations of electoral laws, rules and procedures; and

6) regularly disseminate to the public, information on monitoring results, especially at the end of Election Day and of the election period.