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In some contexts, a code of conduct (CoC) is used to regulate the conduct of political parties, candidates and their supporters during an election. These can be voluntary, nonbinding agreements that result from a consensus among the parties, or they can be part of the legislative and regulatory framework that is binding and enforced. Codes of conduct can be aimed at renouncing violence but can also be specifically tailored to preventing and mitigating harassment, intimidation and assault. As such, they are well-proven valuable tools within election processes to bind the behaviour of specific actors.
Traditionally, codes of conduct have been set up to regulate the behaviour of various stakeholders during the electoral process, including political parties, the media, election observers and traditional leaders and other key actors contributing to setting ground rules for a conducive and peaceful electoral environment. Although the overall aim of such codes has been to promote peaceful elections, the code itself might not have included specific provisions on gender-based harassment, intimidation, assault or gendered forms of violence. With more political parties expanding zero tolerance CoCs and condemning any forms of gender-based violence and harassment, it is becoming increasingly clear that CoCs can help promote a gender-sensitive working culture through, for example, promoting gender-sensitive language and sanctioning gender-discriminatory behaviour and speech.
Codes of conducts serve as a powerful tool for promoting gender-sensitive working cultures within political parties by establishing clear norms, promoting accountability, raising awareness, empowering women’s participation and leadership, and fostering inclusive dialogue and engagement. By embedding principles of gender equality and respect into party practices and policies, CoCs may contribute to creating more equitable, inclusive and effective political environments. In situations of political transition, when there is often failure of competing parties to communicate with each other and a lack of trust in the system to produce free and fair results, CoCs – in which parties indeed agree on basic ground rules – may contribute to popular democratic processes by showing commitment to them and institutions. Parliaments and legislative bodies are core actors in the realization of the gender equality agenda in their capacity as lawmakers and oversight bodies. They also have a normative power to lead by example but also to reflect the needs and wishes of the people they represent and ensure that all policies, including legislation, promote their interests.
CoCs for political parties can be developed in different ways. It may be part of the electoral law, it may be agreed upon by the political parties as an outcome from negotiations entirely among themselves or it can be determined by a third party, like the election administration body.
A zero tolerance CoC means including specific language on prohibiting sexual harassment, violence and derogatory comments, both offline and online. Examples can include:
There are two ways of developing codes of conduct, through voluntary or mandatory measures:
A voluntary code of conduct can be based on negotiations between the parties. These negotiations establish the ground rules for campaign ethics and help build confidence in the conduct, and they must voluntarily commit themselves to comply with a code of conduct. The risk of public exposure becomes an incentive to act with self-restraint and to abide by the code. Yet, given their voluntary nature, such types of CoCs are inherently limited, and they often require more proactive advocacy work to communicate their importance.
A mandatory code of conduct outlines that parties and candidates must abide by it if they are competing in the elections. The CoCs can form part of the legislative or regulatory framework and are enforced through administrative and legal sanctions. For example, a candidate could be disqualified from the race for breaking the CoC and can be the subject of legal action.
For integrity purposes, it is important to note that mandatory codes be clearly written, with obligations of the parties that are unambiguous and sanctions for breaking the code that are reasonable and detailed within the code.
The design process of CoCs cannot be overlooked in terms of importance. In fact, the way in which they are designed can have a significant impact upon their successful adoption and adherence to the rules. It can help create better ownership of the provisions, which, again, points to more successful implementation. A design process should include, at a minimum, the following steps:
The exact timing of when a CoC will be implemented requires thorough consideration and planning. Firstly, it must be negotiated, which might be a time-consuming process in order to reach an agreement. Secondly, putting in place any monitoring processes can require considerable work. Generally, it is advised to plan for a longer process, especially since it is critical to start early in an election cycle.
The period will vary from case to case: in some circumstances, it will be the election period as provided by law and, in other cases, the CoC itself may specify a time for its application. The CoC should always apply to the period from the beginning of campaigning until the certification and announcement of the results. In addition, a CoC should apply to any period during which violations of it might have a particularly dramatic effect on the integrity of the election process.
The most appropriate actor to convene such an activity will depend on the number of factors and whether it is a mandatory or a voluntary code of conduct. Where there is a legal prerogative or specific interest by the Electoral Management Body or a media monitoring body to engage in codes of conduct, they are naturally the entity to lead. In cases where no such provision or desire exists, there is an opportunity for civil society to intervene. For voluntary codes, political parties may have internal rules that govern the actions of their members and candidates and determine the consequences. If similar CoCs already exist, it can be wise to tap into those, expanding them by adding provisions that are more gender-sensitive and to also take into account language on harassment and assault.
It is crucial for the credibility of the overall process that the decision-making process and responsible entities enforcing the CoC can fairly implement any determined rules. In a typical election, there may be several codes of conduct addressing different actors in the electoral process. The most suitable implementer may vary depending on the specific code.
Typically, this is not a concern; however, codes could be reused for subsequent elections, with improvements based on innovations and newly identified challenges. The work may provide the basis for broader good practice outside of the election period.
Introducing codes of conduct are usually a low cost activity, but costs – mainly related to staffing and logistics – may be common, including cost figures related to:
United Kingdom
The Labour Party, one of the major political parties in the UK, has a zero tolerance policy towards various forms of misconduct, including harassment, discrimination and abuse within the party. This policy aims to promote a culture of respect, equality and accountability among its members and representatives. Violations of this CoC can result in disciplinary action, including expulsion from the party.
India
The Indian National Congress introduced a CoC specifically addressing sexual harassment within the party. This code outlines procedures for addressing complaints of harassment, including the establishment of internal committees to investigate allegations and take appropriate disciplinary action. This initiative reflects a growing awareness and commitment within Indian political parties to combat harassment and create safer environments for their members and supporters.
Read more here: International IDEA Code of Conduct
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