The Importance of Process in Electoral System Reform: an Information Brief © International IDEA December 2014 The choice of electoral system is one of the most important institutional decisions for any democracy. In almost all cases the choice of a particular electoral system has a profound effect on the future political life of the The International Institute for Democracy country concerned. Ahead of the 2015 general elections, the parliamentary and Electoral Assistance –International ‘Commission for Observation of the Electoral System Fit for the Republic of IDEA – is an intergovernmental the Union of Myanmar’ was formed to review the electoral system. In organization that supports sustainable September International IDEA in Myanmar, provided testimony upon democracy worldwide (www.idea.int). Its objective is to strengthen democratic invitation of the commission. Referring to the new Handbook on Electoral institutions and processes. International System Design that was published in Burmese earlier this year, The IDEA acts as a catalyst for democracy presentation emphasized the importance of a careful and inclusive process to building by providing knowledge design an electoral system. Although the Pyithu Hluttaw (Lower House) has resources, policy proposals and decided not to proceed with electoral system change, the Amyotha Hluttaw supporting democratic reforms in (Upper House) continues to explore this option. Therefore, this issue remains response to specific national highly relevant. requests. It works together with policy makers, governments, international Based on extensive research and experiences from around the world, the organizations and agencies and regional organizations engaged in the field of Electoral System Design Handbook concludes that the process through democracy building. which an electoral system is designed or altered has a great effect on the type of the system which results, its appropriateness for the political situation, and International IDEA is undertaking the degree of legitimacy and popular support it will ultimately enjoy. Drawing programming in Myanmar to develop on these lessons and international comparisons, this Information brief knowledge resources, promote introduces readers to the essential issues in this process. institutional development and facilitate inclusive and informed dialogue about This is part of a series of information briefs to stimulate in-country reflection democratic reform options. and discussion on issues important to Myanmar’s democratic transition and draws most of its content from Electoral System Design: The New International IDEA Handbook.1 International IDEA policy briefs are INTERNATIONAL IDEA informative rather than prescriptive and they do not cover all possible (Myanmar) scenarios. Room 5C, Yatha Condominium, 458-460, Corner of Mahabandoola Road and 31st Street, Pabedan Township, 1 Yangon, Myanmar The first information brief “Freedom of Movement in Political Campaigning” was published in May 2014. A. Reynolds, B. Reilly and A. Ellis (Eds.), Electoral System Design: A New International IDEA Handbook, Email: [email protected] International Institute for Democracy and Electoral Assistance, Stockholm, 2008. 1 Introduction fundamentally political process requiring public debate and careful consensus Electoral systems are today viewed as building, rather than a question to one of the most influential of all political which independent technical experts can institutions, and of crucial importance produce a single ‘correct answer’. to broader issues of governance and the wider political system. For example, it Some key questions of electoral system is increasingly being recognized that an design are: Who designs? That is, who electoral system can be designed both to puts the idea of electoral system change provide local geographic representation onto the political agenda, and who has the and to promote proportionality; can responsibility for drawing up a proposed promote the development of strong new or amended system and through what and viable national political parties, type of process? What are the mechanisms and ensure the representation of built into the political and legal framework women and regional minorities; and for reform and amendment? What process can help to ‘engineer’ cooperation and of discussion and dialogue is necessary to accommodation in a divided society by ensure that a proposed new or amended the creative use of particular incentives system is accepted as legitimate? Once and constraints. change has been decided upon, how is it implemented? Decisions to change, or indeed to keep in place, an electoral system are often affected by one of two circumstances: The significance of the process of change • either political actors lack basic knowledge and information so that The way in which a particular electoral the choices and consequences of system is chosen is extremely important different electoral systems are not in ensuring its overall legitimacy. A fully recognized; process in which most or all groups are • or, conversely, political actors included, including the electorate at use their knowledge of electoral large, is likely to result in significantly systems to promote designs which broader acceptance of the end result than they think will work to their own a decision perceived as being motivated partisan advantage. by partisan self-interest alone. Although partisan considerations are unavoidable The choices that are made may have when discussing the choice of electoral consequences that were unforeseen when systems, broad cross-party and public they are introduced, as well as effects support for any institution is crucial to which were predicted. These choices its being accepted and respected. may not always be the best ones for the long-term political health of the Therefore, it is essential to build country concerned, and at times they legitimacy and acceptance among all key can have disastrous consequences for its actors that are involved in the political democratic prospects. process. All groupings which wish to play a part in the democratic process The background to a choice of electoral should feel that the electoral system to system can thus be as important as the be used is fair and gives them the same choice itself. Electoral system choice is a chance of electoral success as anyone else. 2 International IDEA | December 2014 The paramount aim should be that those was a testament to the fact that who ‘lose’ the election cannot translate it saw long-term stability as their disappointment into a rejection more desirable than short-term of the system itself or use the electoral electoral gratification. system as an excuse to destabilize the path of democratic consolidation. In Source: Electoral System Design: 1990 in Nicaragua, the Sandinistas The New International IDEA were voted out of the government but Handbook, p.162 accepted the defeat, in part because they accepted the fairness of the electoral Electoral system change might seem system. Cambodia, Mozambique and a good idea to political insiders who South Africa (see box 1) were able to understand the flaws of the existing end their bloody civil wars through system, but unless proposals for reform institutional arrangements which were are presented in an appropriate way the broadly acceptable to all sides. public may well reject tinkering with the system, perceiving reform to be nothing more than a case of politicians altering Box 1: Case study: South the rules for their own benefit. Most Africa damaging are situations when the change is seen to be a blatant manoeuvre for When political actors negotiate political gain, or when the system alters over a new electoral system they so frequently that the voters do not quite often push proposals which know where they are. they believe will advantage their party in the coming Even with the current increased interest elections. However, this can in electoral systems, the number of often be an unwise strategy, people, both in elite circles and in particularly in developing society generally, who understand the nations, as one party’s short- likely impact of changes may be very term success or dominance limited. This is further complicated by may lead to long-term political the fact that the operation of electoral breakdown and social unrest. systems in practice may be heavily For example, in negotiations dependent on apparently minor points prior to the transitional 1994 of detail. Furthermore, when elections election, South Africa’s ANC take place at three or more levels, to the could reasonably have argued upper chamber of the legislature, the for the retention of the existing lower chamber of the legislature, and the First Past the Post electoral institutions of government at regional system (FPTP – see the section level, it is crucial that the systems used ‘Electoral systems: some of the are considered together. options’ for more information), which would probably have Reformers may need not only to fully given it, as by far the largest work through and explain the legal detail party, a seat bonus over and that would be necessary to implement above its share of the national change, but also to make technical vote. That it argued for a form projections and simulations to show, for of Proportional Representation example, the shape and implications of (PR), and thus won fewer seats proposals on electoral districts or the than it could have under FPTP, potential impact on the representation 3 The Importance of Process in Electoral