About the Meeting
Date: 25 June 2007
Venue: 7th Global Forum, Vienna
The workshop on ‘Building Trust in the Electoral Process: Electoral Dispute Resolution Mechanisms’ reviewed and discussed the effectiveness of electoral dispute resolution (EDR) mechanisms employed throughout the electoral cycle to manage conflict emerging from the electoral process—from electoral system design to post-election contestation of results.
The workshop offered a forum for practitioners and experts to share their experiences, reflecting on the effectiveness of the EDR mechanisms and their appropriateness in given circumstances as well as examining the full range of tools and methods at the disposal of those present. For the UN, this discussion will also be an opportunity to raise awareness of these different methodologies, their applicability and the different entry points they may afford.
Background
Disputes are inherent to electoral processes. Challenges to the process at any stage, should not be perceived as a reflection of weakness in the system, but rather as proof of its strength and credibility. EDR mechanisms that are put in place should be effective in dealing with challenges that arise throughout the various stages of the electoral process and should be considered the ultimate guarantor of credible elections.
From a legal point of view, internationally recognized human rights instruments, such as the Universal Declaration of Human Rights, indicate the minimum standards that must be available to remedy a violation of suffrage rights. These standards include effective means to register complaints about violations and a transparent resolution of disputes, where all stakeholders can understand the complaints and their outcome.
In general, EDR mechanisms can be both formal and informal. Formal EDR mechanisms should be a key component in the design of an election administration. There are a variety of approaches and mechanisms and the system chosen derives primarily from the overall electoral framework, depending upon the specific institutions and procedures. In most democratic countries, election disputes are resolved through the ordinary administrative and judicial bodies operating under special procedures. In many developing countries, jurisdiction over election disputes is shared between ordinary courts and special – permanent or temporary – election commissions mandated by the election law. Another model is a permanent electoral court entrusted with the direct resolution of election disputes. In addition, there are also mixed systems which allow political institutions (such as congresses or elected legislators) to review and rule over electoral appeals, while maintaining the possibility of judicial intervention at some point of the process.
Many countries also employ informal methods that reflect their cultural, religious, socio-economic and political traditions. Informal dispute mechanisms hold several attributes, which in some circumstances can prove advantageous over their formal counterparts. For example, informal mechanisms may be initiated once there is perception of emerging conflict rather than trigger events make it necessary to engage formal mechanisms. As such, informal mechanisms may be more readily available in prevention activities, can draw upon a wider range of actors and be more flexible in their application. Informal mechanisms also offer a point of entry for international actors to support a process (such as the UN good offices) without undermining the sovereignty of the fora of formal mechanisms, such as judicial courts. On a less positive note some informal mechanisms can lack transparency, and although they might provide a short term solution, they can also heighten mistrust as a result.
Key Issues
- Introduction to general principles and international best practices governing the resolution of election disputes.
- Presentation of various types of electoral disputes: electoral offences, irregularities, violations of the electoral law, criminal violations.
- Analysis of how disputes can arise in any given moment of the electoral process, for instance prior to election day, during candidate registration, in the course of voter registration, the electoral campaign, but also on election day and afterwards.
- Analysis of the disputes concerning the electoral campaign, including the use of public resources, the predominance of incumbency as well as the role of the media.
- Using case studies survey of different types of electoral dispute resolution mechanisms: presentation of formal mechanisms for resolution of electoral disputes, main characteristics, structures, costs, and how they are employed.
- Discussion of the effectiveness of electoral dispute resolution mechanisms in contributing to the quality (transparency, credibility, accountability, inclusiveness) of the electoral process and citizens’ trust in an election
- Discussion on the resolution of disputes related to election results. Disputes on technical count of ballots, fraudulent practices, technical obstacles during polling and counting: case studies and challenges ahead. Annulment of election results: can it respond to electoral disputes? Can it act as a conflict prevention tool?
- Review the advantages and disadvantages of alternative forms of electoral dispute resolution mechanisms and the actors that can contribute to these processes.
- Discussion on the enforcement of decisions taken as a consequence of election dispute resolution.
- Review and analysis of the role of international and domestic observation in the field of electoral disputes.
Participants
- Representatives of Electoral Management Bodies
- Representatives of Electoral Courts/Tribunals
- Representatives of Civil Society Organisations involved in informal EDR
- Representatives of International Electoral Assistance Organizations
Expected Outputs
The workshop will result in the following outputs:
- A written report on the workshop containing an analysis of the various issue discussed during the meeting as well as conclusions and recommendations on the overall topic.
- A short summary with points to be presented for the session on “Improving the Quality of the Electoral and Parliamentary Process”, which will take place during the 7th Global Forum on Reinventing Government.
- Other follow up activities as identified in the course of the workshop.
EAD/DPA and UNDP, April 2007
