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Monitoring the abuse of state resources (ASR) – challenges for domestic observers

Civil Society
Democracy
Elections
Human Rights
Anna Frydrych-Depka
Nicolaus Copernicus University
Anna Frydrych-Depka
Nicolaus Copernicus University

Abstract

In my paper I will present a case study of the first Polish election-related monitoring of the abuse of state resources prepared for the upcoming parliamentary elections by a coalition of civil society organisations led by the observers’ NGO (Political Accountability Foundation). It will highlight the decision making process (if, what, with whom and how to observe), as well as possible challenges for the implementation of IFES and NDI’ guidelines. One of the current challenges for electoral integrity is the abuse of state resources prior and during the electoral campaign. Unfortunately, use of state resources during electoral periods is not sufficiently regulated and enforcement of violations is weak mainly due to the lack of political will and limited capacity of oversight institutions. Limited citizens’ interest in changing the landscape is also an issue in this matter. Individuals and parties in power may easily capitalize on these gaps to marshal public goods – personnel, funds and physical assets, and official government communications – in service of political campaigns. It undermines competitiveness by giving an unfair electoral advantage to incumbents and disturbs one of basic electoral principles -equality of opportunity for all candidates. As it is stated in the Venice Commission and OSCE/ODIHR's Joint Guidelines for Preventing and Responding to Misuse of Administrative Resources during Electoral Processes, domestic election observers have a crucial role in reporting on potential misuse of administrative resources and proposing recommendations to strengthen legislation and practice (point 3.5). Moreover civil society can raise awareness among citizens and political stakeholders of the importance of a fair use of administrative resources during electoral processes (point 4.3). Reporting from the one hand and educating from the other may seem like standard tasks of domestic observer organizations. The topic of how to prepare and conduct successful monitoring is covered by IFES and NDI in their comprehensive and user-friendly publications (Abuse of State Resources Research and Assessment Framework: Guidelines for the Democracy and Governance Community of Practice, How Citizen Organizations Can Monitor Abuse of States Resources in Elections: an NDI Guidance Document). But even with such good theoretical background, there are plenty of practical challenges for an observation mission to handle. In the Polish case the main questions are: how to work in a difficult environment characterised by the lack of political will for reforms and a plethora of obstacles such as limited access to public information and politicised audit institutions? How to communicate about the results of such an observation in a way that engages the public and raises awareness about the issue, especially among ruling party supporters? And last but not least will this monitoring exercise even work and lead to the strengthening of election integrity in Poland?