Netherlands parliamentary elections competitive and pluralistic, OSCE/ODIHR final report says; recommends codifying existing regulations, reviewing proxy voting, ensuring full voting rights of persons with mental disabilities
While the 15 March 2017 parliamentary elections in the Netherlands were conducted in a professional manner and characterized by a high level of public confidence in the election administration, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) recommends in its final report that existing regulations be codified in electoral legislation, to ensure legal certainty and coherence, and that shortcomings noted in this and previous reports be addressed.
Published on 7 June 2017, the report notes that proxy voting enjoys broad support in the country, but recommends considering alternative methods for casting ballots, to ensure the secrecy and equality of the vote.
While noting positive efforts to facilitate voting for people with physical disabilities, the report notes that the Elections Act does not provide the right for voters with mental disabilities to request assistance in voting. It recommends that the election legislation be harmonized with the objectives of the Convention on the Rights of Persons with Disabilities, to ensure the full voting rights of people with all types of mental disabilities.
The report welcomes the introduction of comprehensive campaign finance regulations, in line with a prior OSCE/ODIHR recommendation. However, while noting the establishment of the advisory Commission on Political Party Finance, it recommends that consideration be given to setting up an oversight body independent of the government to safeguard objective and neutral supervision over political finance.
While stating that there is strong public confidence in the complaints and appeals system and a long-standing tradition of well-administered elections, the report points out that there are no specific timelines for the resolution of election-related disputes, except for those related to candidate registration. Highlighting that the lack of legal deadlines for electoral complaints may undermine the right to an effective remedy, the report calls on the authorities to provide defined and adequate time limits for all election-related complaints. The report also encourages the authorities to provide stakeholders with the legal right to appeal election results to a competent court as the final authority.
The report notes that some prior OSCE/ODIHR recommendations have been addressed and affirms the OSCE/ODIHR’s readiness to support the Netherlands in its continued efforts to bring electoral legislation and practice in greater compliance with OSCE commitments.