Fourth Theme: A proposal to activate the role of the National institution for
Human Rights in supervising and monitoring the electoral process
Legal basis of supervising and monitoring the electoral process
Article (2) of Law No. (26) for the year 2014 concerning the establishment of the
National Institution for Human Rights stipulates that:
"An independent institution called "National Institution for Human
Rights" is established responsible for promoting, protecting human
rights, consolidating its values, disseminate awareness of its role and
contributing to securing its practice ….".
That Article followed by Article (12) in that Law to precisely identify the
specific terms of reference assigned to the National Institution in order to
achieve its objectives. Paragraphs number (e) and (g) of that article
stipulated that the National Institution should do the following:
e) "Monitor cases of human rights violations, conduct the necessary
investigation, and draw the attention of the competent authorities
to these violations and submission of proposals relating to the
initiatives to put an end to such situations and, where necessary,
to express an opinion on the position of these parties and their
reactions".
g-
"Conduct field visits to in accordance with the applicable
principles in order to monitor the human rights situation in
correctional institutions, detention places, gatherings of labor,
health and educational centers, or any other public place in which
it is suspected that human rights violations are committed".
As the mandate guaranteed by the law on establishing the National Institution
includes the promotion and protection of all human rights, on equal footing as
interdependent and inseparable rights, this mandate also extends to monitor, carry
out the necessary investigations and conduct field visits to monitor the human
rights situations, including the right of citizens to participate in the electoral
process, whether by nominating or electing. From this point, the jurisdiction of
National Institution to monitor the electoral process is an explicit matter mandated
by law of its establishment, on the grounds that the practice of this process is only
to ensure that citizens shall enjoy their prescribed rights.
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