The Question

I am looking for information about recent cases of countries where electoral reforms were made by specific assemblies, i.e. assemblies that were created specifically to reform electoral rules.  In addition, are there cases where deliberative groups or similar institutions were created/elected exclusively for reforming electoral rules?

Thank you in advance for any information or references provided on this matter.

Summary of Responses

In response to the question, one Practitioners’ Network (PN) member highlighted that extra-parliamentary, inter-party dialogue mechanisms feature in many countries as a way to develop consensus around electoral law reform issues and avoid boycott of elections. Responses from the PN further identified several countries where electoral reforms were made by assemblies created specifically for the purpose of reforming electoral rules. These countries included:

• Australia
• Canada
• Kenya
• Netherlands
• Senegal
• Seychelles
• South Africa
• USA
• Zambia

One PN member explained that the Australian parliament set up a Joint Select Committee on Electoral Reform (JSCER) in 1983. JSCER received submissions and conducted public hearings on electoral reform. According to the member, the JSCER report was adopted by parliament, leading to reforms such as the creation of an independent Electoral Management Body, registration of political parties, public funding and innovations on voter registration and voting. JSCER was replaced in 1984 by the Joint Standing Committee on Electoral Matters (JSCEM). JSCEM reviews election, recommends legislative changes and conducts inquiry into election related matters.

In Canada, another PN member shared, a citizens’ jury has recently decided that it will recommend a city to adopt internet voting as an option for the next municipal election.

The Kriegler Commission in Kenya was mentioned by one member as another example. It was formed to review all aspects of the 2007 presidential election and support the reform of electoral rules. It was chaired by South African retired Judge Johann Kriegler and its "Report of the Independent Review Commission on the General Elections held in Kenya on 27 December 2007" was made public in September 2008. According to the respondent, the report recommended the disbanding of the Electoral Commission of Kenya and a number of legislative and other electoral reforms that were integrated into the Constitution and Elections Act.

A further example was found in the Netherlands. One member of the PN responded that a citizens’ forum was established in the country in 2006 to provide advice to the government on electoral reform issues. The forum mechanism was chosen to move electoral reform forward in the political sphere. 140 persons, randomly selected amongst the voting population, came up with advice but the effect was limited, noted the respondent, as the cabinet that had created the citizens’ forum fell from power. Senegal was also mentioned as a good example considering its so called “Comité de Veille et de Suivi.”

Another PN member described how, in the Seychelles, the Electoral Commission established an Electoral Reform Forum to engage all registered political parties as well as civil society representatives in discussions on electoral reform issues. According to the member, a “Roadmap for Electoral Reform” was agreed upon in January 2012.

In South Africa, one respondent shared how a commission of non-parliamentarians (also known as the Slabbert Commission) used a combination of submissions and consultations from stakeholders and then held a public conference to announce its results. However, their recommendations were reportedly ignored.

It was also noted that the president of the United States of America, Barack Obama, formed an electoral reform commission in 2013 to improve the conduct of elections in the country (see executive order of March 28, 2013).

Finally, one respondent shared that a technical committee is currently in the process of re-drafting the Zambian constitution. The constitution includes several sections dedicated to the conduct of elections. Committee members represent various parts of society and were appointed by the president in 2011. 

Examples of Related ACE Articles and Resources

• Legal Framework Amendment Process

External Resources

• Canada: Citizen jury will recommend online voting for municipal elections | Global Edmonton 

• Report of the Independent Review Commission on the General Elections held in Kenya on 27 December 2007 

• The Netherlands citizens’ forum 
• Technical Committee on Drafting the Zambian Constitution 

Names of Contributors

• Laurie McGrath
• Paul Graham
• Manuel Wally
• Ola Pettersson
• Abdiwahidi Hussein
• Diana van Driel
• Christine Ndayishimiye
• Hendrick Gappy
• Ababacar Fall
• Bucumi Julius

In Australia there were a number of Conventions in the 1890's to draw up a Constitution, which included provisions relating to the election of persons to the Parliament.

In 1983 the Parliament set up a Joint Select Committee on Electoral Reform (JSCER). This committee of the Parliament took submissions and conducted public hearing on how or why the electoral system should be reformed. Its report, adopted by the Parliament, saw the most significant rewrite of electoral law in Australia. The reforms include the creation of an independent EMB, registration of political parties, public funding and an array of innovations on voter registration and voting.

The  JSCER was replaced in 1984 by the Joint Standing Committee on Electoral Matters (JSCEM) a committee made up of parliamentarians from all parties and both houses of the parliament. This is an ongoing committee who review the operation of each election and recommend to the parliament possible changes to the electoral  and related legislation. It can also inquiry into matters related to the conduct of an election, the operation of the EMB and issues such as public funding and political party registration.  The JSCEM's recent activities, inquiries and reports can be viewed at:  http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=em/index.htm 

There are relatively recent practices in Canada - see http://thevotingnews.com/citizen-jury-will-recommend-online-voting-for-municipal-elections-global-edmonton/ and http://www.sfu.ca/~aheard/elections/reform.html (both references on June 27 2013) for example. In South Africa the parliament established a commission of non-parliamentarians (in short hand known as the Slabbert Commission) which used a combination of submissions and consultations from stakeholders and then completed its work with a public conference. As it turned out their recommendations were ignored by the parliament. I hope these three at least provide some indicators for you. 

Given that political parties tend to espouse electoral reform policies until they win on the 'old rules' and lose their incentive for change, I do think there is some merit in finding some regular and accepted way of reviewing electoral systems which has party input but is not captive to their interests at the expense of broader societal needs.

President Obama recently signed on order forming an election reform commission: http://electionlawblog.org/?p=48832

Many countries rely on extra-parliamentary, inter-party dialogue fora to foster political consensus for electoral law reform, so as to avoid opposition boycott of elections, as is happening in Egypt right now. Ideally, such fora include civil society. Sénégal offers a good example with its Comité de Veille et de Suivi. Such ad hoc assemblies often respond to political deadlock.

At least one regional norm holds that unilateral law reform cannot encroach upon electoral processes closer than 6 months prior to e-day:

http://www.comm.ecowas.int/sec/en/protocoles/Protocol%20on%20good-governance-and-democracy-rev-5EN.pdf (article 2.1)

Manuel

Zambia's constitution, which includes several sections dedicated to the conduct of elections, are currently being re-drafted by a technical committee with representatives from various parts of society. The committee members were appointed by the president in late 2011. The committee was supposed to complete the process by end of June 2013 but the process has now been postponed to end of July 2013. 

More information is available at http://zambianconstitution.org. 

Abdiwahid Hussein, Kenya

In Kenya following the contested 2007 elections a special commission called 'Independent Review Commission' composed of persons from within and outside the country (experts/non-politicians) and chaired by South African retired Judge Johann Kriegler was formed to look at all aspects of the conduct of the 2007 presidential election which was held on 27th December 2007. The commission's report popularly known as the 'Kriegler report' was handed over to then president Mwai Kibaki and Dr. Koffi Annan the Chair of the Panel of Eminent African Personalities on the 17th of September 2008. The panel recommended the disbanding of the Electoral Commission of Kenya(ECK) and a raft of legislative and other electoral reforms. Ordinarily in Kenya  any changes to electoral law are usually done through parliament but such changes are initiated by the executive through the office of the Attorney General who works closely with the EMB and other stakeholders for input. The Constitution also advocates for public participation hence views of the public and organizations are sort through parliamentary committee on Justice and legal affairs which ultimately gives its report to the house/parliament for debate and passing or rejection of proposed legislation. 

Please find attached the Kriegler report for your reference.

In the Netherlands in 2006 a citizens forum was establish (140 persons, randomly selected amongst all voters) to advise the government on electoral reform. They came up with an advised, not revolutionary still significant. The forum form was chosen to escape the "stalemate"amongst political parties: the idea being that a consensus advice from a "non political body of voters" would bring the discussion further. The effect was minimal as the cabinet that had installed the forum fell and its successor cabinet left the matter undiscussed. more information on the dutch Wikipedia (which you can translate into English), I was not able to find an English reference: http://nl.wikipedia.org/wiki/Burgerforum_Kiesstelsel

Christine NDAYISHIMIYE du Burundi

Je pense humblement que l'expérience de mon pays peut inspirer plus d'un. En effet, après les élections communales de 2010, les partis d'opposition ont boycotté la suite du processus. Alors qu'ils estimaient qu'il y avait eu tricherie de la part du parti au pouvoir et de L'EMB, ce dernier a expliqué que les difficultés observées s'expliquaient par un code électoral lacunaire. Ainsi, La Commission électorale a entrepris un travail technique visant à pointer du doigt les dispositions du code électoral dont l'application s'avère difficile si non impossible. Elle a transmis des propositions d'amendement aux autorités du pays. Ce qui est intéressant c'est que ces propositions ont fait l'objet d'une étude approfondie par tous les partis politiques agrées sous l’égide des Nations Unies. Le consensus dégagé sera ensuite transmis à l'Assemblée Nationale qui est l'organe législatif. Les partis politiques sont dans l'attente du travail de l'Assemblée Nationale et sont confiants que leurs propositions seront tenues en considération.

Hendrick Gappy, Seychelles Electoral Commission

The Seychelles  Electoral Commission (the “Commission”) was established by the 6^th amendment to the Constitution on 12^th July 2011 and its functions are provided for in Article 115 of the Constitution. The establishment of the Commission itself was part of the recommendations for reform, as advocated by international observers and local stakeholders over the past few years. Upon its appointment, one of the Commission’s mandate was to review presidential, legislative and other election laws in Seychelles, and matters related to various Articles  of the Constitution, in order to enhance the democratic institutions, practice and culture that govern and shape the country’s electoral process. Thus a commitment to electoral reforms was made by the Government and the process started in November 2011.

Soon after the National Assembly elections of September/October 2011, the Commission set about establishing mechanisms for ensuring as broad a process of consultation as possible, and developed a Roadmap for Electoral Reform. 

In consultation with all registered political parties and other key stakeholders, the Commission established an Electoral Reform Forum to engage all political parties registered in Seychelles and civil society representatives in the process of consultation and debate as to the most appropriate changes necessary to enhance the principles and practice of democracy in the country’s electoral systems. A “Roadmap for Electoral Reform, 2012” was agreed upon in January 2012.

Je ne connais pas de pays ou des assemblées sont créés spécifiquement pour les réformes électorales. Ces réformes sont la plupart des cas le fruit de consensus politiques entre les différentes forces politiques légalement constitués et qui concourent à l'expression du suffrage universel.Dans le cas du Sénégal, après une longue période de rupture du dialogue politique, une comité de veille a été crée par décret présidentiel pour suivre l'application des recommandations issues de l'audit indépendant du fichier électoral. Au sein de ce comité, il avait été institué une commission technique de revue du code électoral composée des partis politiques, de l'administration électorale, de la commission électorale nationale autonome, de la société civile et des partenaires au développement comme observateurs. Cela a permit d'aboutir à d'importantes réformes du code électoral qui depuis 1992 n'avait pas connu de changements. Le parlement n’intervient en définitive que pour donner force de loi aux propositions de réformes ayant fait l'objet de consensus au sein de la classe politique.

ABABACAR FALL

EXPERT ÉLECTORAL

SÉNÉGAL

In Burundi, after the 2010 election boycott by opposition parties, the election stakeholders try to work together to build trust among them for the smooth running of the 2015 election process.

From 11th to 13th March 2013, a meeting of all stakeholders has been convened by the Government under the auspices of  the United Nations' Security Council. At the end of the meeting, 42 points have been adopted as a road-map to be incorporated in the electoral law for the 2015 elections.

In may 2013, a second meeting has been held for assessment of the progress made in the implementation of the road-map. From the meeting, a team of 5 persons have been set up to draft the electoral by including the 42 points agreed upon by all stakeholders. After , the draft will follow the normal channel of the law making procedures.

Indeed, it became a best practice for Government and Parliament of Burundi to collect the views of the civil society organisations in drafting most of the laws before their adoption such as the law on National Independent Human Rights Commission, law on political parties.

It is the same for the electoral law where all stakeholders bring their input for reducing electoral disputes or misunderstandings.

It is good but it is not enough because for the electoral laws, the most critical issue for the political parties and candidates in Africa is that even if the law is clear, the electoral process will never be seen credible by the candidates as long as they do not win themselves.

Julius BUCUMI

Inspector of Justice, Burundi