EX.CL/91 (V) Annex II Page 8 4.4 The AU, after receiving the invitation to observe an election, must ensure: • • • • Adequate lead-time for preparations; Availability of essential planning information; Availability of professional expertise; and Financial and other resources 4.5 The AU should expeditiously dispatch an Election Assessment Team to the country planning for an election. 4.6 The existence of a “level playing field”, which determines the conditions for electoral competition, is an important aspect that needs evaluation when determining the likely character of the electoral process. In advance of the election date, the Head of the AU Election Mission should advise the AU Commission whether the necessary conditions and environment for a free and fair election as agreed in the AU principles governing democratic elections, have been satisfied. Whatever the advice received by the Commission should be confirmed in a public statement by the Chairperson of the Commission. The assessment team will establish whether or not conditions for organizing credible, legitimate, free and fair elections in accordance with the Durban Declaration are in place in the country. The African Union should explore the possibility of observing elections outside the Continent. Issues to consider in the assessment will include the following: 4.6.1 Does the constitution and legal framework guarantee fundamental freedoms and human rights? 4.6.2 Is the electoral system premised on the right to freedom of association, and enables people to advance this right through the formation of political parties for the purposes of electoral competition? 4.6.3 Is the Electoral Commission independent and impartial, and exercise its powers and perform its functions without fear, favour or prejudice? 4.6.4 Are the rights of observers guaranteed? 4.6.5 Is it likely that the security forces will maintain a neutral role in the provision of election security? 4.6.6 Is the situation in the country generally peaceful or is there political violence? If so will the government’s security measures provide an environment for a free election campaign or are there