Electoral Justice: the Globe

Electoral Justice Electoral Elections are able to achieve their key purpose of providing legitimacy to the government only if they are fully trusted and perceived to be impartial and fair. Hence the need for an efficient and effective electoral justice system to prevent, : The International IDEA Handbook International IDEA : The mitigate or resolve disputes that are likely to arise in most electoral processes. Electoral justice is a broad term referring to how every action, procedure and decision related to the electoral process conforms to the law (the constitution, statute law, international instruments or treaties and any other provisions in force in a particular country). It also emphasizes the protection or restoration of electoral rights – giving people the ability to make a complaint, get a hearing and receive adjudication and action, if they believe their electoral rights have been violated. The Handbook examines the concept of electoral justice; how to prevent electoral disputes, and different electoral dispute resolution mechanisms and systems across Electoral Justice: the globe. The International IDEA Handbook Using examples from different countries, this unique resource expands the current body of literature on electoral justice to assist practitioners design and implement the electoral justice system that best suits their situation. The comparative knowledge gathered in the Handbook is further expanded in International IDEA’s online Unified Database (http://www.idea.int/uid). “Electoral Justice: The International IDEA Handbook” combines a profound analysis of the concept of electoral justice with a prevailing pragmatic viewpoint […] and offers a highly structured study of all that encompasses electoral dispute resolution, ranging from prevention to resolution. Without a doubt, this Handbook, elaborated by an outstanding group of scholars, will prove extremely useful to electoral judges around the world. International IDEA supplies groundbreaking material that enriches our comprehension of electoral justice. Maria del Carmen Alanis Figueroa, Chief Justice of the Federal Electoral Court of Mexico Handbook Series Handbook International IDEA Strömsborg SE-103 34 Stockholm Sweden Phone: +46-8-698 37 00 Fax: +46-8-20 24 22 E-mail: [email protected] ISBN: 978-91-85724-96-3 Website: http://www.idea.int Electoral Justice: The International IDEA Handbook Electoral Justice: The International IDEA Handbook Lead Author Jesús Orozco-Henríquez Editors Ayman Ayoub Andrew Ellis Contributors Adhy Aman Tracy Campbell Avery Davis-Roberts Zoran Dokovic Andrew Ellis Sergueï Kouznetsov Ralf Lindner Augustin Loada Deki Pema Joram Rukambe Maiko Shimizu Denis Truesdell Domenico Tuccinardi Electoral Processes Handbook Series The International IDEA Handbook Series seeks to present comparative analysis, information and insights on a range of democratic institutions and processes. Handbooks are aimed primarily at policymakers, politicians, civil society actors and practitioners in the field. They are also of interest to academia, the democracy assistance community and other bodies. © International Institute for Democracy and Electoral Assistance 2010 International IDEA publications are independent of specific national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council members. Applications for permission to reproduce or translate all or any part of this publication should be made to: International IDEA SE-103 34 Stockholm Sweden International IDEA encourages dissemination of its work and will promptly respond to requests for permission to reproduce or translate its publications. Graphic design by: Santángelo Diseño Cover Design by: Santángelo Diseño Cover illustration: © Mariano Valerio Printed by: Bulls Graphics, Sweden ISBN: 978-91-85724-96-3 Foreword Electoral justice is at the cornerstone of democracy in that it safeguards both the legality of the electoral process and the political rights of citizens. It has a fundamental role in the continual process of democratization and catalyses the transition from the use of violence as a means for resolving political conflict to the use of lawful means to arrive at a fair solution. An electoral justice system that resolves political conflict through different legal mechanisms, guaranteeing full compliance with the law, enables democracy to thrive. This deepens the importance of strong electoral bodies, and improving the framework within which political, administrative and judicial institutions coexist. In consequence, it provides cognitive elements that will assure social stability. Electoral Justice: The International IDEA Handbook combines a profound analysis of the concept of electoral justice with a prevailing pragmatic viewpoint that serves both academics and electoral officers within administrative and judicial institutions. Moreover, the Handbook offers a highly structured study of all that encompasses electoral dispute resolution, ranging from prevention to resolution. The Handbook illustrates the importance of political culture and civic education in the prevention of electoral disputes, but these factors are also central to determining the manner in which such conflicts are resolved. At the same time, this Handbook provides a thought-provoking classification of electoral dispute resolution systems, which sets out a series of structural principles and procedural guarantees that are of critical importance for electoral justice as a whole. This is especially relevant due to the short periods of time that electoral dispute resolution bodies (EDRBs) have to make their decisions. Thus, the performance and professionalism of electoral officers are key to a functional electoral dispute resolution system. Logically, an efficient EDRB is a compelling factor in a successful and rounded electoral system. The Handbook emphasizes how crucial it is for institutions in charge of administrating electoral justice to be legitimized by the citizens. It draws attention to some key variables of legitimacy, such as the importance of political consensus in defining the structure and composition of the electoral body, the essential character of transparency and the imperative of the independence of the institution in charge of resolving electoral disputes. III The fact that the EDRB should be a permanent institution is also a legitimizing factor, as the Handbook mentions, and although its cost and sustainability may be a financial burden, the cost of a weak institution is much greater. Strong electoral institutions that are properly funded, are autonomous and have functional budgetary independence should be seen as an investment in the quality of democracy. This rings true because of the importance of the decisions that the EDRB has to make for the political future of a country. These decisions can imply ratifying, modifying or voiding electoral results as well as protecting the political rights of citizens. Political parties and citizens have opted for lawful and just solutions as means to resolve political disputes. As a consequence, EDRBs are taking a more important role, providing solutions for equality, freedom of speech, disenfranchisement and illicit campaign financing, among other issues which confront democracy. Without a doubt, this Handbook, elaborated by an outstanding group of scholars, will prove extremely useful to electoral judges around the world. International IDEA supplies groundbreaking material that enriches our comprehension of electoral justice and awakens the curiosity of the reader to continue further studies of this fundamental element of democracy. María del Carmen Alanis Figueroa Chief Justice of the Federal Electoral Court of Mexico IV Preface Elections are at the core of the democratic process. The competitive and politically divisive nature of elections and their technical complexity make them vulnerable to abuse, fraud or perceptions thereof. At the same time, elections are able to achieve their key purpose of providing legitimacy to the government only if they are fully trusted and perceived to be impartial and fair. Hence the need for an effective mechanism to prevent, mitigate or resolve disputes that are likely to arise in every electoral process, and to preserve and when necessary restore the real and perceived equality of citizens and their representatives. An efficient and effective electoral justice system is fundamental to securing these objectives. Without a system to mitigate and manage inequality or perceptions of inequality, even the best management of an electoral process may lead to mistrust in the legitimacy of a democracy. International IDEA has developed this first global Handbook on electoral justice in order to increase understanding of the importance of robust, contextually sensitive and nationally embraced systems and to examine how a variety of electoral justice mechanisms and bodies are used to defend electoral rights. While ongoing initiatives within International IDEA seek to address the causes of violence or conflict related to electoral processes, this Handbook explores the necessary technical and legal considerations and architecture needed in order to prevent such disputes and potential conflicts from arising. The Handbook explores a variety of the electoral dispute resolution (EDR) mechanisms currently employed around the world; how such EDR systems are classified and the elements, principles and guarantees that should govern them; and considers alternative

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