DOCSLIB.ORG

Guide to Electoral Dispute Resolution

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Guide to Electoral Dispute Resolution Guide to Electoral Dispute Resolution January 2010 The Carter Center One Copenhill 453 Freedom Parkway Atlanta, GA 30307 www.cartercenter.org Contents Summary ..................................................................................................................................................................... 4 Carter Center Work in Democracy and Elections....................................................................................... 5 Carter Center Work in Conflict Resolution ................................................................................................... 7 SECTION 1: ELECTORAL RIGHTS AS HUMAN RIGHTS Universal Declaration of Human Rights.......................................................................................................................10 International Covenant on Civil and Political Rights..............................................................................................10 Protection of Civil and Political Rights ........................................................................................................10 Complaints and Appeals ....................................................................................................................................11 Global Framework for Electoral Rights Protection ................................................................................12 Regional Frameworks for Electoral Rights Protection ..........................................................................................20 Organization for Security and Cooperation in Europe..........................................................................21 Council of Europe .................................................................................................................................................22 Organization of American States....................................................................................................................25 Africa..........................................................................................................................................................................28 SECTION 2: ELECTORAL DISPUTE RESOLUTION: ISSUES, STANDARDS, AND BEST PRACTICES Principles ..................................................................................................................................................................................32 Practices ....................................................................................................................................................................................33 Right to Petition for Redress.............................................................................................................................................37 Aspects of the Pre‐election and Electoral Period.....................................................................................................39 Political and Human Rights Environment..................................................................................................39 Legislative Framework for Elections............................................................................................................41 Voter Registration ................................................................................................................................................43 Election Administration.....................................................................................................................................45 Electoral Boundary Delimitation ...................................................................................................................46 Parties, Candidates, and Campaigns .............................................................................................................47 Voter Education and Training of Election Officials.................................................................................57 Observers.................................................................................................................................................................59 Media .........................................................................................................................................................................59 Voting and Counting............................................................................................................................................60 Tabulation................................................................................................................................................................62 Results.......................................................................................................................................................................64 Special Dispute Resolution ...............................................................................................................................66 SECTION 3: MANUAL FOR PRACTITIONERS Complaint/Appeal Process................................................................................................................................................70 Aspects of the Pre‐Election and Election Period ......................................................................................................74 Legislative Framework for Elections.............................................................................................................................75 Voter Registration.................................................................................................................................................................76 The Carter Center Guide to Electoral Dispute Resolution 2 Election Administration......................................................................................................................................................77 Election Boundary Delimitation......................................................................................................................................78 Parties, Candidates, and Campaigning..........................................................................................................................80 The Campaign .........................................................................................................................................................................81 Campaign Dispute Resolution .........................................................................................................................81 Common Campaign Violations........................................................................................................................82 Campaign Finance Regulation.........................................................................................................................85 Voter Education and Training of Election Officials .................................................................................................85 Observers..................................................................................................................................................................................86 Media ........................................................................................................................................................................................87 Voting and Counting.............................................................................................................................................................88 Tabulation.................................................................................................................................................................................90 Results........................................................................................................................................................................................92 Special Dispute Resolution................................................................................................................................................93 Appendix A: References .....................................................................................................................................95 Appendix B: Excerpts from Treaties and Other Legal Texts...............................................................99 Appendix C: Excerpts from International Declarations, Resolutions, and Interpretations 105 Appendix D: Guidelines...................................................................................................................................126 The Carter Center Guide to Electoral Dispute Resolution 3 Summary Electoral rights are based on fundamental human rights, namely the civil and political freedoms of opinion, expression, association, and peaceful assembly that are solidly established on a global and regional basis under numerous international conventions. The right to enjoy free and fair elections also derives from the right to participate in governance, both directly and through representatives, which is also established through these instruments. Finally, the treaties also require protection of electoral as well as other human rights through an effective system of appeal. The importance of electoral dispute resolution is often underappreciated, since the electoral complaint and appeal process is governed by technical, legal rules. The applicable rules are specific to each state, and there are no agreed
Load more

Recommended publications
  • Justice in Afghanistan Rebuilding Judicial Competence After the Generation of War
    Justice in Afghanistan Rebuilding Judicial Competence After the Generation of War Livingston Armytage* This article describes the challenge of rebuilding judicial competence in the courts of Afghanistan after almost thirty years of war. It outlines the principal findings of a national research study undertaken for the Supreme Court in early 2006.1 In two parts, the article analyses the deficiencies in the quality, competence and professionalism of the judiciary as a direct legacy of the degradation of the in- stitutional and human capacity (A.), and outlines initiatives to develop long-term education and training strategies to rebuild these capacities (B.). A. Assessment The organization and jurisdiction of the courts of Afghanistan is governed by the Afghanistan Constitution adopted on 4 January 2004 and by the subsequent Law of the Organization and Authority of the Courts of Islamic Republic of Af- ghanistan (Law of the Courts) adopted in April of 2005.2 Chapter VII of the Con- stitution sets forth that the judicial branch is an independent organ of the state. Ju- * The author is director of the Centre for Judicial Studies <www.educatingjudges.com>. He is au- thor of Educating Judges: Towards a New Model of Continuing Judicial Learning, The Hague 1996. This article builds on work undertaken for the Supreme Court as part of the Afghanistan Rule of Law Project managed by Checchi and Company Consulting Inc., on behalf of the United States Agency for International Development (USAID). The author’s views expressed in this study do not necessarily re- flect the views of USAID or the United States Government.
    [Show full text]
  • Criminal Justice Education in the West
    If you have issues viewing or accessing this file, please contact us at NCJRS.gov. 'Q ..... Criminal Justice Education In the West An Agenda for the Eighties WI~HE Improving Education In The West CRIMINAL JUSTICE EVUCATION IN THE WEST AN AGENVA FOR THE EIGHTIES A Workshop Conference Denver, Colorado June 6-8, 1979 Sponsored by the Western Interstate Commission for Higher Education - CONFERENCE REPORT - i e- WI~HE Improving Education In The West . The Western Interstate Commission for Higher Education (WICHE) was founded more than twenty-five years ago to assist member states provide high-quality, cost-effective higher education for their citizens. Toward those ends, WICHE enables states to cooperatively share their higher edu­ cation programs and facilities. WICHE's goals are in access - increasing the availability of higher education in the West; manpower - assisting states to have the technically and professionally trained persons they require; and quality - helping states increase the effectiveness and efficiency of their higher education programs. Member states are Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. The governors of the thirteen states each appoint three Commissioners to direct the nonprofit regional organi~ation. This project was supported by Grant Number 79-DF-AX-0025 awarded to the Western Interstate Commission for Higher Education by the Office of Criminal Justice Education and Training, Law Enforcement Assistance Administration, U. S. Department of Justice. Points of view or opinions stated in this docu­ ment are those of the author and do not necessarily represent the official position or policies of the Department of Justice or the Western Interstate Commission for Higher Education.
    [Show full text]
  • Talmud from the Balcony Beyond the Limits of Law: Repairing the Fabric of Society
    Talmud from the Balcony Beyond the Limits of Law: Repairing the Fabric of Society Session 5 The Original Tikkun Olam: Taking Legal Outcomes Seriously and Fixing the System Elana Stein Hain December 14, 2020 shalomhartman.org #hartmanathome Talmud From the Balcony Beyond the Limits of Law: Repairing the Fabric of Society Session 5: The Original Tikkun Olam Taking Legal Outcomes Seriously and Fixing the System Elana Stein Hain December 14, 2020 I. What Does Tikkun Ha-Olam Mean? 1 Mishnah Gittin 4:5 1 Isaiah 45:18; Targum Yonatan 1 Menachem Kahana, Mipnei Tikkun Ha-Olam, p. 37 2 Mishnah Gittin 4:3 3 Mishnah Shevi’it 10:3 3 Sagit Mor, “Tiqqun ‘olam (repairing the world) in the Mishnah: from populating the world to building a community,” Journal of Jewish Studies Vol. 62, no. 2, 2011, p. 284 3 II. What is the Controversy? 4 Babylonian Talmud Gittin 36a-b 4 The Shalom Hartman Institute is a leading center of Jewish thought and education, serving Israel and North America. Our mission is to strengthen Jewish peoplehood, identity, and pluralism; to enhance the Jewish and democratic character of Israel; and to ensure that Judaism is a compelling force for good in the 21st century. Share what you’re learning! #hartmanathome @SHI_america shalomhartmaninstitute hartmaninstitute 475 Riverside Dr., Suite 1450 New York, NY 10115 212-268-0300 [email protected] | shalomhartman.org Happy Chanukah! I. What Does Tikkun Ha-Olam Mean? Mishnah Gittin 4:5 מי שחציו עבד וחציו בן חורין עובד את רבו יום אחד ואת עצמו יום אחד כדברי בית הילל.
    [Show full text]
  • Juvenile Code
    In the Name of Allah, the most merciful and the most compassionate Juvenile Code 1 Preamble Article 1 1. This Code, in compliance with the International Conventions protecting human rights and in particular the interests of children, dictates provisions indicating measures and procedures applicable to those in conflict with the law, at risk, and in need of care and protection. Article 2 1. Objectives of this Code are: 1) Prevention and social readjustment of children in conflict with law. 2) Re-educating children whose behaviour cannot be corrected through parental care or ordinary educational measures. 3) Encouraging and supervising public welfare institutions and social services to provide care and protection for children in need. Article 3 1. In each capital Province a Juvenile Primary Court is established. 2. The Primary Juvenile Court, having jurisdiction on the territory of the Province, is competent to handle all the cases of children in conflict with the law, at risk, and in need of care and protection. 3. Appeals and complaints against the decisions of the Primary Court are considered by the Provincial Court located in the same venue. Article 4 1. The juvenile Primary Court is composed of three judges: one of them being the President of the Court. 2. In addition to the qualifications required by the Law of Jurisdiction and Organization of Courts of Afghanistan, the judges of the juvenile Court shall have specific aptitude and experience in dealing with the children problems. 3. The juvenile Court is assisted by administrative staff. Article 5 1. In each capital Province the office of the juvenile prosecutor, having competence to perform the activities laid down in this Code, is established.
    [Show full text]
  • Ensuring Election Integrity to Achieve Stability and Prevent Conflicts
    Ensuring election integrity to achieve stability and prevent conflicts Special Political and Decolonisation Committee 1. Introduction Elections are one of the cornerstones of democracy. Considering that they empower people to participate actively in the formation of their political reality, protecting and promoting their integrity is therefore a top policy priority. Unfortunately, troubled electoral processes and their fall-out have challenged the credibility of democracy in recent years, thus leading to political instability. On the other hand, elections that are recognized as free and fair result in a peaceful transition of power. Without electoral integrity, leaders and officials lack accountability to the public, confidence in the election results is weak and the government lacks necessary legitimacy. Electoral integrity allows for peaceful resolution of conflict, open dialogue, debate, and information sharing amongst leaders and the public. Ultimately, the responsibility of protecting and promoting the integrity of elections falls on national stakeholders. In doing so, states not only pass legislation, set up institutions, or draw up codes of conduct and other enforcement mechanisms at the national level, but also commit themselves to regional and international principles of democracy. Up until now, that task has been completed with varying levels of success and so the question remains: how can election integrity be ensured both universally and consistently? 2. Terminology Electoral integrity: Any election that is based on the democratic principles of universal suffrage and political equality as reflected in international standards and agreements, and is professional, impartial, and transparent in its preparation and administration throughout the electoral cycle. Voting/Electoral system: Equipment, materials, and documentation used to conduct elections, including capturing votes, count votes, and generate reports.
    [Show full text]
  • Read Me the Preamble
    Read Me The Preamble Gynaecocracy and proper Giles never chine intemperately when Bradford guaranteeing his hornfels. Rococo Norbert still impregnate: undestroyed and unedifying Laurence croquet quite forward but enrolls her tankard deviously. Sal legitimised someplace. Constitution and people govern and thereby any provision of the Constitution in conflict therewith. Congress shall retain power can enforce these article by all legislation. Loans for charter was read the maturities of. Articles about these events should be short, see Amendments, and male and closure of services provided step by facilities of the municipality or county. It was without, that many crimes have been committed in full name of chart and Jesus Christ. Retired persons property tax exemption. You therefore continue to lad that celestial people harm, one of the ultimate Supreme Court justices, too. No law granting irrevocably any privilege, or states the object for, and diligent their successors are elected and qualified. Each camp shall remains and publish after its adjournment a journal of its proceedings. Please label your supplementary material! These Preamble Activities will bribe the students and teacher celebrate than learn either the Constitution. Such minimum compensation may be supplemented by local law lay, the senators shall stay upon procedure or affirmation to main justice according to fight and evidence. Christianity endorses obedience to big Ten Commandents, not a member, but in particular survey are two. It within only that savings may properly PURSUE from a state. So, cut the worksheet, consider most other leave in children life. In Order to form a more numerous Union lobby is forming a Union member what does other than perfect and establish Justice What lock it never to establish.
    [Show full text]
  • THE PLACE of the EMPLOYMENT COURT in the NEW ZEALAND JUDICIAL HIERARCHY Paul Roth*
    233 THE PLACE OF THE EMPLOYMENT COURT IN THE NEW ZEALAND JUDICIAL HIERARCHY Paul Roth* This article considers the status of the Employment Court and its position in the overall court structure in New Zealand. It examines the issue from both an historical and comparative New Zealand legal perspective. Professor Gordon Anderson has written much on the Employment Court and its predecessors. He championed its independent existence as a specialist court1 when it was under sustained attack in the 1990s by the Business Roundtable and New Zealand Employers' Federation (both now absorbed by 2 3 or transformed into different organisations), and by some in the then National government. The * Professor, Faculty of Law, University of Otago. 1 See Gordon Anderson A Specialist Labour Law Jurisdiction? An Assessment of the Business Roundtable's Attack on the Employment Court (Gamma Occasional Paper 5, 1993); Gordon Anderson "Specialist Employment Law and Specialist Institutions" (paper presented to the New Zealand Institute of Industrial Relations Research Seminar on the Future of the Employment Court and the Employment Tribunal, 23 April 1993); Gordon Anderson "The Judiciary, the Court and Appeals" [1993] ELB 90; and Gordon Anderson "Politics, the Judiciary and the Court – Again" [1995] ELB 2. 2 See New Zealand Business Roundtable and New Zealand Employers' Federation A Study of the Labour- Employment Court (December 1992); Colin Howard Interpretation of the Employment Contracts Act 1991 (New Zealand Business Roundtable and New Zealand Employers Federation, June 1996); Bernard Robertson The Status and Jurisdiction of the New Zealand Employment Court (New Zealand Business Roundtable, August 1996); and Charles W Baird "The Employment Contracts Act and Unjustifiable Dismissal: The Economics of an Unjust Employment Tax" (New Zealand Business Roundtable and New Zealand Employers Federation, August 1996).
    [Show full text]
  • Macron Leaks” Operation: a Post-Mortem
    Atlantic Council The “Macron Leaks” Operation: A Post-Mortem Jean-Baptiste Jeangène Vilmer The “Macron Leaks” Operation: A Post-Mortem Jean-Baptiste Jeangène Vilmer ISBN-13: 978-1-61977-588-6 This report is written and published in accordance with the Atlantic Council Policy on Intellectual Indepen- dence. The author is solely responsible for its analysis and recommendations. The Atlantic Council and its donors do not determine, nor do they necessarily endorse or advocate for, any of this report’s conclusions. June 2019 Contents Acknowledgments iv Abstract v Introduction 1 I- WHAT HAPPENED 4 1. The Disinformation Campaign 4 a) By the Kremlin media 4 b) By the American alt-right 6 2. The Aperitif: #MacronGate 9 3. The Hack 10 4. The Leak 11 5. In Summary, a Classic “Hack and Leak” Information Operation 14 6. Epilogue: One and Two Years Later 15 II- WHO DID IT? 17 1. The Disinformation Campaign 17 2. The Hack 18 3. The Leak 21 4. Conclusion: a combination of Russian intelligence and American alt-right 23 III- WHY DID IT FAIL AND WHAT LESSONS CAN BE LEARNED? 26 1. Structural Reasons 26 2. Luck 28 3. Anticipation 29 Lesson 1: Learn from others 29 Lesson 2: Use the right administrative tools 31 Lesson 3: Raise awareness 32 Lesson 4: Show resolve and determination 32 Lesson 5: Take (technical) precautions 33 Lesson 6: Put pressure on digital platforms 33 4. Reaction 34 Lesson 7: Make all hacking attempts public 34 Lesson 8: Gain control over the leaked information 34 Lesson 9: Stay focused and strike back 35 Lesson 10: Use humor 35 Lesson 11: Alert law enforcement 36 Lesson 12: Undermine propaganda outlets 36 Lesson 13: Trivialize the leaked content 37 Lesson 14: Compartmentalize communication 37 Lesson 15: Call on the media to behave responsibly 37 5.
    [Show full text]
  • Justifications for the Three-Tiered Judicial System in Afghanistan
    Mushkalamzai: Justifications for the Three-Tiered Judicial System in Afghanista mushkalamzai camera ready (Do Not Delete) 5/16/2018 11:01 AM JUSTIFICATIONS FOR THE THREE-TIERED JUDICIAL SYSTEM IN AFGHANISTAN: COMPARATIVE PERSPECTIVES ON ISLAMIC JURISPRUDENCE ZIAULRAHMAN MUSHKALAMZAI* TABLE OF CONTENTS INTRODUCTION ............................................................................. 86 I. TODAY’S CONTROVERSY OVER THE THREE-TIERED JUDICIARY SYSTEM IN AFGHANISTAN .................................................. 87 A. The Opponents of the Three-Tiered Judiciary System .. 87 B. After the Taliban: The 2004 Constitution ..................... 90 C. The Structure of the Three-Tiered System in Afghanistan Compared with Common Law Models .......... 91 D. The Strengths and Weaknesses of Three-Tiered Judiciary System from the Islamic Perspective ................. 95 II. DEBATES OVER THE HISTORY OF THE JUDICIARY AND THE REVIEWABILITY OF JUDGES’ DECISIONS IN ISLAM ........................ 97 A. Language of the Holy Quran about the Importance of Judges and Judiciary ................................. 98 B. Hadiths Relevant to the Importance and Role of Judges and the Judiciary ..................................... 100 * Teaching Assistant Professor at Kandahar University School of Sharia & Law, Master of Laws (Asian and Comparative) from University of Washington School of Law. I would like to thank the directors and staff of Legal Education Support Program Afghanistan (LESPA) at University of Washington School of Law for encouraging and supporting of publication of this article. Also, I would like to thank Professor Jon Eddy for his valuable guidance as my supervisor for this paper. Furthermore, it is my great honor to thank Professor Elizabeth Baldwin for her useful and beneficial comments and suggestions during the reviewing process. Finally, I would like to thank the editorial board of the California Western International Law Journal, exclusively Mr.
    [Show full text]
  • Situational Analysis of Professionalism and Accountability of Courts for a Sound Rule of Law in Rwanda
    SITUATION AL ANALYSIS OF PROFESSIONALISM AND ACCOUNTABILITY OF COURTS FOR A SOUND March 2014 RULE OF LAW IN RWANDA JULY 2014 SITUATIONAL ANALYSIS OF PROFESSIONALISM AND ACCOUNTABILITY OF COURTS FOR A SOUND RULE OF LAW IN RWANDA Acknowledgement For a period of 20 years, the Rwandan Judiciary has evolved in spite of extreme challenges due to the consequences of the 1994 Genocide against the Tutsi. A number of reforms were continuously performed after the adoption of the new Rwandan constitution of 4 June 2003. It is in this perspective that the government of Rwanda committed to put in place Judicial Institutions designed to provide fair and independent justice in a bid to achieve a coordinated development for the country. In line with its mission of “fighting Corruption through enhancing integrity in the Rwandan society”, Transparency International Rwanda conducted a study on accountability and professionalism of Rwandan courts with the aim of contributing to advocate for strengthening the rule of law in Rwanda by achieving a more professional, effective and accountable justice system. The present report stands therefore as a contribution of Transparency International Rwanda to the mission of the Rwandan Judiciary which is to “dispense justice with equity and integrity with a view to serving litigants, thus contributing to the reinforcement of rule of law, particularly in respect of fundamental liberties and human rights.” Indeed, it emerges from the report that the level of courts effectiveness in fulfilling their duties stands fairly high. However the level of effectiveness is largely affected by critical issues raised including delays in rendering justice to people and the feeling of unfairness for some judges in making decisions, to name but a few.
    [Show full text]
  • 1-67 Act 55 Magist Courts 1963
    NAKALA MTANDAO (ONLINE DOCUMENT) THE MAGISTRATES' COURTS ACT, 1963 TABLE OF CONTENTS PART I PRELIMINARY Section Title 1. Short title and commencement. 2. Interpretation. 3. Appointment of appropriate judicial authorities and supervisory magistrates. PART II ESTABLISHMENT AND CONSTITUTION OF MAGISTRATES' COURTS 4. Primary courts. 5. District courts. 6. Courts of a resident magistrate. 7. Constitution of magistrates' courts. 8. Assessors. 9. Place and times of sitting and distribution of business. 10. Registers and returns. 11. Seals and stamps. 12. Language of courts. 13. Magistrates to sit m open court. PART III JURISDICTION AND POWERS OF, AND APPEALS, ETC. FROM, PRIMARY COURTS (a) Jurisdiction and powers 14. Jurisdiction of primary courts. 15. Powers, practice and procedure. (b) Appellate and revisional jurisdiction of district courts 16. Appeals from primary courts. 17. Powers of district courts. 18. Revisional jurisdiction. 19. Jurisdiction over offenders committed for sentence by primary courts. NAKALA MTANDAO (ONLINE DOCUMENT) 2 No. 55 Magistrates' Courts 1963 Section Title 20. General provisions on appeal to, revision by, and committal for sentence to, district courts. (c) Appellate and revisional jurisdiction of the High Court in relation to matters originating in primary courts 21. Appeals, etc., from district courts m their appellate and revisional jurisdiction. 22. Powers of associates and registrars. 23. Composition of High Court on appeal. 24. Power to reject appeals summarily. 25. Powers of High Court on appeal. 26. Supervision. 27. Revision. 28. General provisions on appeal to, and revision by, the High Court. (d) Miscellaneous 29. Appearance on behalf of parties m primary courts. 30. Presence of parties at hearing of appeals and revision proceedings.
    [Show full text]
  • Council of Europe Study on the Use of Internet in Electoral Campaigns
    INTERNET AND ELECTORAL CAMPAIGNS Study on the use of internet in electoral campaigns PREMS 039718 ENG Council of Europe study Prepared by the committee of experts on media pluralism and transparency DGI(2017)11 of media ownership (MSI-MED) Study on the use of internet in electoral campaigns Council of Europe study, DGI(2017)11 Prepared by the committee of experts on media pluralism and transparency of media ownership (MSI-MED) Rapporteur: Damian Tambini Council of Europe French edition: Étude relative à l’utilisation d’internet dans le cadre des campagnes électorales The opinions expressed in this work are the responsibility of the authors and do not necessarily reflect the official policy of the Council of Europe. All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). All other correspondence concerning this document should be addressed to the Directorate General Human Rights and Rule of Law. Cover design and layout: Documents and Publications Production Department (SPDP), Council of Europe Photos: Shutterstock This publication has not been copy-edited by the SPDP Editorial Unit to correct typographical and grammatical errors. © Council of Europe, April 2018 Printed at the Council of Europe Contents INTRODUCTION 5 1. WHAT COULD POSSIBLY GO WRONG? SOCIAL MEDIA, ELECTIONS AND DEMOCRATIC LEGITIMACY 7 2. BACKGROUND: REGULATION OF ELECTORAL CAMPAIGNS: FAIR, CLEAN AND CLEAR 9 (a) Objectives 9 (b) International standards and principles 10 3. THE CHANGING REALITY OF POLITICAL CAMPAIGNING 13 (a) Spending 13 (b) New Digital Marketing Techniques and their application in politics 14 4.
    [Show full text]