IFES Practitioner Brief on Alternative Dispute Resolution in Elections
GHCs). In the absence of a fully functioning EDR system, some parties raised their disputes and complaints directly
with diverse departments at NEBE headquarters, creating even more confusion and expectations that their disputes
would be addressed. There must be clarity as to the available mechanisms and their procedures—whether formal or
informal modes of resolution. And ADR should not eclipse formal EDR mechanisms, especially for legitimate
grievances that may require a legal remedy rather than a practical resolution (or both). An Inquiry Council (a panel of
experts appointed by NEBE and envisaged in the Electoral Law) was established to investigate voter registration
complaints from the Somali region. 156 However, without clear procedures, it was unclear how this body operated in
practice.
The disadvantages of informal or ad hoc dispute resolution are that it may provide inconsistent outcomes for different
parties (leading to claims of bias), and it can lack transparency unless the EMB rigorously and promptly publishes
information about decisions taken. Throughout the electoral process, the NEBE published information on its social
media platforms about its mediation efforts with parties and changes to procedures and the electoral timetable.
However, no systematic information was available about the number of disputes addressed by the ADR mechanism,
or the number of formal complaints received and how each one was resolved. Another potential disadvantage is that
some parties may not have had the knowledge or established relationships to raise their disputes informally with the
Political Party department of NEBE and therefore may have felt they had no option but to use the potentially slower
and more costly route of court challenge. While informal resolution of complaints can be an effective and speedy way
to deal with operational problems, it is less suited to addressing violations of the law that should receive criminal
sanction (as alleged during voter registration in the Somali region). It may also have been unclear to those parties
whose complaints were dealt with informally by ad hoc means that they have a right to appeal the resolution to court,
and that they need a written decision against which to appeal.
On the positive side, during the 2021 elections, the ADR mechanisms established by the Electoral Law to resolve
inter-party disputes had some success in providing a space for dialogue and the prevention of pre-election disputes.
These mechanisms are the political parties’ joint forum, set up to enable the resolution of disputes through dialogue
and agreement, based only on the consent of interested parties, and the joint council of political parties, to amicably
resolve implementation, democracy, and human rights issues arising during the electoral process. 157 The law is clear
that pursuing these ADR routes does not preclude a party from lodging a complaint with the formally established EDR
bodies. 158 However, there was some overlap between these ADR mechanisms, the informal ad hoc resolution of
disputes described above, and the conventional EDR system during the 2021 elections. EDR mechanisms usually
have fixed timelines, and their decisions are binding, whereas ADR mechanisms tend not to be. Therefore, it is
important for stakeholders to understand the distinction and to make informed decisions on which route to follow and
what to expect as an outcome. It is also important to be aware of the risk of forum-shopping if multiple routes of
dispute resolution are available to a party.
The 2019 Ethiopian Electoral, Political Parties Registration and Election’s Code of Conduct (Proclamation No. 1162/2019), Article
151(10) provides for an inquiry council.
The 2019 Ethiopian Electoral, Political Parties Registration and Election’s Code of Conduct (Proclamation No. 1162/2019) provides for
the NEBE to establish the Political Parties Joint Forum at every level (Article 151) and for political parties to establish a joint council
(Article 141).
158
The Ethiopian Electoral, Political Parties Registration and Election’s Code of Conduct, 2019, Article 151(4) (Proclamation No.
1162/2019).
156
157
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