Central Election Commission
STRATEGIC PLAN
For the period
2012-2015
Chisinau-2011
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Table of Contents
Introduction
Mission
Description of the current situation
SWOT analysis – the current situation of the CEC
Strengths – a basis for improving CEC performance
Weaknesses –institutional aspects that need improvement
Opportunities – for improving CEC performance
Risks/Threats – that could impede CEC performance
Vision
Values
Strategic Directions, Objectives and Activities
Strategic directions:
Objectives and activities
Monitoring and evaluation
Conclusions
Attachments
CEC Organization Chart
Subunits portfolio
Detailed information related to CEC staff
Financial aspects of the Central Electoral Commission
The New CEC Organization Chart
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Approved by the Central Election Commission decision
No.1028 of December 09, 2011
Introduction
The Central Election Commission is a state body, incorporated to develop electoral policy and to organize and hold elections. The Central Election Commissionis called to ensure the respect for the first criterion of a modern democracy, namely the existence of free and fair elections. The Central Election Commission has a crucial role in ensuring the functioning of democratic election mechanisms in the society. For this purpose, an accurate functioning of the hierarchically superior body is necessary.
As electoral processes increase within the dynamics of the Moldovan political life, institutional reform is necessary. Positive changes are also imposed by the need to improve management mechanisms and technological processes. Cooperation forms and relations need to be diversified and competitiveness maintained compared toelectoral progress in other countries.
Thus, the CEC has engaged into a process of changes according to the new needs, including the new amendments to the Electoral Code, by clearly formulating its mission and by establishing priorities, objectives and an implementation plan.
To ensure a responsible and efficient management, it was decided to draft the CEC strategic development plan for the following years. For this purpose, by the decision of the CEC Chairperson of August 11, 2011, a working group was created to develop the Strategic Plan for the years 2012-2015. The Group included CEC members and CEC Apparatus staff, as well as two representatives of the CEC development partners: IFES and UNDPwithin the project “Electoral support to Moldova“, aiming to insure transparency in its activity and the participatory principle in drafting the aforementioned document.
In order to decide on the strategic objectives to be achieved during a 4-year national election cycle, the Strategic Planning Group had a number of meetings, where the current situation within the institution, and the impact of internal and external factors on the institution performance were analyzed. As a result of these meetings, the Central Election Commission, supported by the International Foundation for Electoral Systems in Moldova (IFES) has organized and held on the 8th and 9th of September a Strategic Planning Workshop. This seminar was attended by CEC members and Apparatus staff, together with development partners (IFES, Council of Europe, and UNDP); they worked on the first draft of the Strategic Plan.
This Strategic Plan Draft was developed in accordance withprovisions of the Electoral Code, laws and Parliament resolutions, Government decisions and orders, latest best international practices, as well as recommendations from development partners and non-government organizations.
The Strategic Plan is a complex document, which presentsdevelopment priorities, as well as general and specific objectives for achieving these priorities. Based on this Plan, the CEC will draft an Implementation Plan for priority activities and annual activity plans.
Mission
The mission of the Central Election Commission is to ensure best conditions for all citizens of Moldova to freely benefit from the constitutional right to vote and be elected within free and fair elections.
Description of the current situation
The CEC is assisted in its activity by an Apparatus, the structure and limits of which are to be approved by the CEC. The Apparatus staff comprises civil servants, who function according to regulations of the Law 158-XVI of July 4, 2008 on the Public Function and Status of Civil Servant and other staff employed on a contract basis, who develop auxiliary activities, under the regulation of the Labour Law. Besides the responsibilities mentioned in the Constitution and in the Electoral Code, the CEC has additional functions concerning the practical implementation of the vision on electoral services which should be automatedand modern, according to the Law no.101 of May 15, 2008.
The Constitution of the Republic of Moldova sets in the article 4 that “Constitutional orders on human rights and freedoms are to be understood and applied according to the Universal Declaration of Human Rights, with covenants and other treaties, to which Moldova is a party. If there are some discrepancies among pacts and treaties on fundamental human rightsto which Moldova is a party and its internal laws, international regulations will prevail.”
The Republic of Moldova is a party to seven UN treaties on human rights issues, the most important of which for the CEC are the following: the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, The Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities.
The Republic of Moldova became a member of the Council of Europein 1995 and ratified the European Convention on Human Rights in 1997. As a result, the European Commission for Democracy through Law (Venice Commission) of the Council of Europe has regularly engaged in discussions and launched opinions on elections in Moldova. At the same time, each Moldovan citizen obtained the right to file claims with the European Court of Human Rights (ECHR) concerning the violation of rights guaranteed by the Convention. Asamember of the OSCE, Moldova regularly invites observers from this institution. Starting from 1996, the OSCE Monitoring mission has participated inten electoral events held on the country level and presented reports on each of them.
The CEC activity is developed within the extended concept on “European integration”, adopted by the Republic of Moldova. On a medium term, this will influence the voter registration procedure and the method of using and storing personal data. On a long term, the CEC functions could also include the organization and holding of the Referendum on the accession to European Union and elections tothe European Parliament.
At the moment when this Planwas produced, the CEC Apparatus structure included the Chief of the Apparatus, 4 autonomous Departments, 2 Units within the Departmentand 2 technical assistance positions (drivers). According to the approved Staff List, the Apparatus has 32 positions, currently occupied by 18 women and 14 men, the majority of them being 25-40 years old. The Organization structure (Organigram) and detailed information on the staff are offeredin attachments 1 and 3 of this Plan. The activity of each separate subdivision is stipulated by the Regulation on the organization and functioning of CEC Apparatus subdivisions, approved by the CEC Chair Order no. 14-a from August 6, 2010. The main mission of subdivisions and their functions are shown in the attachment 2.
For the performance of functions indicated in election-related laws, the CEC is financed by the Government of the Republic of Moldova. In the last three years an extraordinary number of electoral events have been heldand this fact had an impact on the way funds and time were allotted to other planned medium and long term activities. If this tendency will continue, the CEC will have difficulty in covering expenses for its activities, even if international donors will continue to provide their support. All information on financial means used by the CEC from 2008 to 2010 and planning for 2011 can be found in the attachment 4.
SWOT analysis – the current situation of the CEC
After developing the SWOT analysis, the CEC members and staff have considered the strengths and weaknesses of the institution, its opportunities to benefit from and risks. Conclusions are presented below:
Strengths – a basis for improving CEC performance
Respect for fundamental values and principles. The CEC has openly affirmed to agree and accept international and European democratic values. In all its activity, the CEC intends to be as transparent and open as possible in the cooperation with other electoral actors. Reports received from international and national observers confirm the fact that elections organized by the CEC meet the majority of the international standards in this domain and the CEC functional independence is highly appreciated.
Continuous improvement of the electoral process. The CEC uses modern technology in its activities, including in the electoral period. The CEC intensely works on the improvement of voters lists and cooperates in this sense with other state institutions. The activity of CEC members and staff is oriented towards improving the way the entire electoral process is managed. The CEC regulations and guidelines aim to help election officials at all levels.
Professionalism. The CEC Apparatus has a significant number of employees who are professionals, responsible, disciplined and with experience in over 4 elections. There is an annual assessment of their performance and thisis used as a modern management tool. In order to ensure the quality of employees’ qualifications, the CEC has started the process of creating the Registry of election officials, which is a national database of electoral officials. The CEC’s training skills have significantly improved in the last years and this helps preventing and solving problems/errors, to increase the professionalism of election officials.
CEC staff is able to work in multiplelanguages and this facilitates the exchange of experience with electoral authorities from other countries, andalso to cooperate easily with development partners.
Developed external relations. The CEC has good relations with foreign partners and electoral subjects (media, NGOs, public authorities, political parties, etc.). The CEC is aninstitutional member of the Association of European Election Officials (ACEEEO) and of the Network of Election Officials from French-speaking Countries. Due to its capacity to attract and manage external assistance, the CEC succeeded to develop many common projects, which considered together with other CEC activities, have contributed to increasing the turnout in elections and confidence of citizens in the electoral process.
Weaknesses –institutional aspects that could be improved to increase the CEC performance
Financial and material means.The financial resources allotted to the CEC from the state budget are insufficient to cover all planned activities. The low financial independence is expressed also by the fact that the budget for CEC expenditures is not directly approved by the Parliament. It has to be noted that the latest amendments to the Electoral Code on payment methods for EMB members have negatively influenced the responsibility level of people involved in organizing elections. It also negatively influenced the psychological climate and the spirit of election officials working in EMBs. The impact of these legal interventions will negatively reflect on the general election organization and conduct processes, as well as on the efficiency and active involvement of people in the EMB system.
Outdated organizational structure. The current structure does not correspond to new tasks CEC has assumed, nor to requirements of the Electoral Code. Thus, the quality of the internal communication is damaged and it is difficult to ensure a systematic and well-planned continuous professional development system for election officials. The CEC research and assessment capacity, aimed to improve the electoral provisions and practices, is reduced. In addition, low salaries negatively influence the recruiting process and incentives for highly-qualified professionals.
As for the staff from inferior EMBs, we have to note that there is a significant fluctuation of people and the reason is the temporary character of these bodies. Also, the staff is often without sufficient experience and knowledge; there is always a risk that they could be politically-subjective. Given this situation, the CEC has no means to regulate the activities of inferior EMBs, and consequently the CEC cannot apply sanctions for the non-compliance with tasks.
Imperfect legislation. Frequent amendment of Electoral Code provisions (34 laws of modification from the adoption moment) has become a practice for the electoral process in Moldova. This happens especially at the beginning of each election campaign. The frequency of these changes and conditions in which they are imposed, lead to imminent inconsistencies (gaps) among Electoral Code provisions, but also between them and provisions of other related laws.
At the same time, the Electoral Code should avoid providing too many details in its provisions, as this can impede the flexibility of rapidly changing CEC operations, roles and responsibilities and creates difficulties for the organization to respond to emergent electoral needs. On the other hand, within a society in transition towards democracy, the lack of a developed legal framework, as well as a correlation between the Electoral Code and other related laws, creates barriers in applying different arbitrary interpretation possibilities.
Low technical capacity. EMBs, especially those from the district and precinct levels, have a low technical capacity and this leads to decrease in transparency of their activity. There are no financial and human resources needed to fully implement the SAISE.
Opportunities– things the CEC can benefit from at a greater extent to increase its performance
Reforms and continuous development. In order to increase the CEC financial autonomy, legal changes need to be made.
Another opportunity to be worked on by the CEC is the management system reform. This would lead to the following:
-A new organizational structure will be created and a long-term strategic management plan will be developed;
-The Center for Continuous Training will be opened;
-CEC permanent inferior election bodies will be created.
By ensuring inferior EMBs with modern information programs and technologies, errors caused by the human factor will be avoided.
International Cooperation. The CEC benefits already from the support of a large number of international experts and consultants. By demonstrating devotion and efficiency in promoting reforms and improved electoral practices, the CEC has the possibility to attract more external financial resources.
Fulluse of technological innovation. An opportunity for the CEC is the full implementation of the Law 101 on the Strategic Concept for SAISE. Generally speaking, the fullexploitation of technological innovations in the electoral domain will be an advantage.
Sustainable partnership. Setting a sustainable partnership with LPAs involved in the electoral process, but also improving regional cooperation, these are opportunities to develop and improve electoral practices and professional qualifications of the electoral staff.
Risks/Threats– things that impede/can impede (if produced) the CEC performance
Political instability. Unplanned electoral events impede the implementation of current plans, lead to the electoral fatigue phenomenon and can cause human or technical errors.
Low confidence. The behaviour and activity of all electoral subjects negatively influence the integrity and credibility of the entire electoral process.
Insufficient financial coverage. The lack of financial resources in the CEC budget can lead to dependency from donors’ financial assistance in accomplishing key CEC activities.
Other possible risks which can affect the performance of the institution:
-Frequent legal modifications, especially right before the election period;
-Modification of the electoral laws by the Parliament without consulting the CEC;
-Outdated timeframesfor implementing the SAISE
-Partial implementation of laws on the public positions and the status of the civil servant
Vision
CEC as an open, transparent and professional institution, which is permanently ready to fulfil its responsibilities at the highest level, by ensuring an accessible electoral framework, trustworthy for all voters.
Values
Our daily decision-making activities are guided by the following values:
Integrity: CEC will perform its activities in an honest way and will undertake all reasonable measures to prevent dishonesty.
Impartiality: CEC will treat all participants in elections equally, with no preferences for a political trend or interest group.
Independence: CEC will perform its activities and will make decisions without being influenced or controlled by state-owned institutions, political parties or other third persons.
Transparency: CEC will always be open to all stakeholders involved in the electoral process; will manifest impartiality and accuracy in all its activities.
Responsibilityand professionalism: CEC will assume entire responsibility for its activities and will be responsible in front of its partners and the entire Moldovan people; will aim at having well-prepared, professional, competent and self-confident staff, committed to the organization of free and fair elections.
Credibility: CEC will striveto deserve the trust of all Moldovan people and of the international community through the quality of services offered during the electoral process.
Openness: CEC will be open to Moldovan voters’ needs and will fulfil all measures to make the electoral process accessible to all categories of citizens.
Innovation:CEC will apply modern methods and technologies to improve the electoral process.
Orientation towards citizens: CEC will build efficient relations with voters by offering them trustworthy services at high standards, dependent on their needs. CEC will offer citizens, political parties and other social-political organizations, media and civil society multiple opportunities to be informed, consulted and to participate, by offering free access to its information and services.
CEC intends to meetEuropean and international standards in the electoral domain.
Strategic Directions, Objectives and Activities