It is important that election conflicts be handled promptly and properly to minimize their impact on elections and potential damage to EMBs, the Courts and the Legislature. A number of factors make conflicts and dispute likely in elections. They involve winner-take-all contests. They involve candidates, used to debate, whose role, if elected, will be to carry arguments in the legislature. They involve powerful people used to working with laws and getting their own way with government employees. They can involve important principles. They are often played out in the public arena through media reporting. They potentially involve whole nations from the most mild-mannered to the most obdurate and from the most honest to those less than honest
These conflicts can be difficult to resolve and have the capacity, at their worst, to cause significant divisions within nations. For EMBs it is important that election conflicts be handled properly and resolved as quickly and fairly as possible. Particularly during election periods when these conflicts are most likely to arise EMBs are focused on organizing elections. They can find additional responsibilities in relation to law enforcement detract from the quality of the election.
Although there are still some countries where the legislature has a role in dealing with disputes we do not consider that role in this module - apart from their role in producing legislation. Modern international trends are to use independent courts to deal with significant election disputes.
Key Understandings
- An effective electoral dispute resolution system is essential to reinforce fundamental rights and the legitimacy of an electoral process, to assist peaceful government transition, and to minimize election-related violence and unrest.
- Electoral dispute resolution is critical to all phases of the electoral process, and any EDR system must be structured to ensure disputes throughout the electoral process are resolved in a timely and effective manner.
- Election Management Bodies should possess the expertise, independence and authority to implement a country’s electoral legal framework and ensure that EDR processes meet these accepted standards and principles, whatever model of EDR exists in the country.
- International and regional covenants and agreements mandate that EDR processes provide an effective and timely system for resolving disputes and providing remedies.
- The legal and regulatory framework informs where, when and how electoral dispute resolution occurs, and this framework should be based on accepted standards and principles.
- An effective EDR system is underpinned by rule of law principles and practices, including access to justice and the application of administrative law. ´
- Alternative Dispute Resolution (ADR) is a separate and complementary EDR tool for resolution of electoral disputes, and should also meet international EDR standards and principles.
- For stakeholders to accept the results of an EDR process, pre-determined standards and rules for resolving electoral disputes are required at all stages of the election cycle. These standards and rules should be reinforced by effective education of stakeholders and training of staff
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Module Objectives
- To understand why electoral dispute resolution is a critical part of the electoral process
- To consider the bodies responsible for resolving electoral disputes
- To consider the legal and regulatory frameworks underpinning electoral dispute resolution
- To consider some of the mechanisms used for electoral dispute resolution and their advantages and disadvantages
- To consider accepted standards and principles for dealing with electoral disputes
- To consider administration of electoral dispute resolution mechanisms and management of cases
- To practice some of the skills required during the investigation and adjudication process
- To explore strategies for public outreach and training on electoral dispute resolution
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Electoral Dispute Resolution Module |
Module Outline
- Key Understandings
- Why is Election Dispute Resolution Important?
- Introduction to Election Dispute Resolution
- Election Management and Election Dispute Resolution
- International Standards and Obligations for Election Dispute Resolution
- Legal and Regulatory Frameworks for Election Dispute Resolution
- Rule of Law and Election Dispute Resolution in Practice
- Alternative Election Dispute Resolution
- Effective Education, Training and Outreach to Stakeholders on EDR
- Make It Happen
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