The Question
This question was posted by an ACE user working for an International Organisation.

I work in a country where there are plans for creating a Working Group that will be tasked with carrying out electoral reform. In your experience, are there any standards, best practices or recommendations for the creation, composition and mandate of such a Working Group? More specifically, who could be suitable as the Chairperson of the Working Group? Are you aware of any examples of successful electoral reforms in post-conflict situations where public trust is low?

Summary of responses
Any Working Group on electoral reform must take into account the lengthy nature that such reform often entails. The Group’s composition should insure input from all key stakeholders.

One expert stresses that the Group’s work should be based on a clear understanding of what it is that needs to be reformed, while another points out that its composition should reflect the nature of the weaknesses that are to be addressed.

Nigeria is given as a good example where an electoral reform committee was established, representing diverse stakeholders and with a respected chair, notwithstanding the long and complex nature of the process.

Regarding the Working Group’s mandate, it is advised to ascertain what legal provisions are in place for electoral reform. This in turn can then guide the formation and composition of the Working Group.  One expert recommends that the chairperson should come from the legal profession and from within the country concerned.  

Examples of related ACE Articles and Resources
Encyclopaedia:
• What is Electoral Reform

• The Scope of Electoral Reform

• The EMB’s role in Electoral Reform   

Names of contributors
1. Margie Cook
2. Carl Dundas
3. Emmanuel  Ludovick Kawishe

Electoral Reform is a lengthy, consultative and inclusive process requiring the participation of and buy-in  by key stakeholders including the EMB, legislators/parliament/politicians and parties ; parliamentary committees; civil society; media and other opinion leaders. It needs a range of inputs from  a vision as to where the process is headed and why  (ie a really thorough and generally accepted  problem analysis as a starting point) through to specific expertise in the way of specialist/experts in constitutional and legislative drafting. The starting point may be variable and will define the nature and style of the process:   the process may be driven by a flawed, confrontational electoral process that has necessitated reform as a condition of continued confidence in the process by citizens,  or even as a conditionality of continued support from the international community. The process is by its nature a lengthy one,   needing to provide time both for committee reflection , drafting and review through to community consultation.  The process in Nigeria is an interesting example. After the 2003 elections an Election Review Team  representing UNDP, IFES and the Commonwealth Secretariat made a number of recommendations including for comprehensive  reform to the electoral legislative framework that was taken up by then President Obasanjo in a promise to CHOGM 2003. Expert input was provided by donors in the drafting of  a new Electoral Act and identification of constitutional  reforms as well as subsequent overall support to the  reform process.  Years of  slow progess followed,  culminating in the  Electoral Reform Committee established by the late President Yar A’dua that included representatives from civil society including  domestic observer groups,  parties, politicians, business, academia and elsewhere. The Chair was a respected academic.  Although much of the ERC’s report’s recommendations have focused  on the EMB and not on broader influences on the electoral process , and the draft reforms remain to be approved by the State Assemblies,  it is a useful step in the right direction but also indicative  as to just how long and complicated the process can be.   Margie Cook

I have served on electoral  reform committees and it really depends on the weaknesses the are required to remedied. Where the electoral legislative scheme is the problem, it would be prudent to have someone with a legal background as chairperson. If the management structure is in need of review then the reform committee should be composed of a representative cross section of the society. It is important to include persons who have a sound knowledge of elections organization in the reform team.

I am working with an EMB so I have the knowledge of what an electoral management body should be composed of and the mandate. A working Group to be tasked with the electoral reform of a post conflict situation and where the public trust is low has to be viewed in various dimensions. Just a few of them, first you should consider the legal framework of the current EMB if any or should refer to the Constitution of the state concerned and the electoral laws to see mandate and composition of the electoral reform if provided for under the laws of the state concerned. If it is provided for then you will know about the composition and mandate of the working group.

In case it is not provided for it would be wise to have a reasonable number of members to the working group and with electoral knowledge. On the issue of the chairperson it would be wise to have a person with legal profession like a jdge of the High Court, Court of Appeal or the Supreme Court depending on the Court system of the state concerned. 

The mandate of the Working Group to be tasked with the electoral reform should not contravene the Constitution and the electoral laws of the state concerned. Apart from the chairperson other members may be from within the country or outside the country. Consultation with persons with electoral reform experience and with electoral experience is of a great value.