IFES Practitioner Brief on Alternative Dispute Resolution in Elections ADR mechanism, the legislature formalized the mandate of the CMCs 112 to resolve electoral conflicts through mediation or conciliation in 2006. 113 The chair of the ECZ appoints the chair of the NCMC, 114 and the CEO of the ECZ sits on the NCMC. The committee members at district level appoint their own chair to encourage increased local ownership. District electoral officers (DEOs) 115 play a key role in the DCMCs, including constituting the committees. Membership in the committees is voluntary, and members receive an allowance while serving on the committee. From the start, the ECZ provided CMC members with guidelines and training on mediation, which contributed to the success of this ADR mechanism and the reduction in the number of petitions filed in the court. Complaints to be resolved by the DCMCs are written and submitted to the DEOs, who determine whether the committee should convene and handle the dispute. Within 24 hours of receipt, the committee meets to decide under the guidance of the DEO whether the complaint should be handled by the DCMC (for minor, local disputes), or referred to law enforcement agencies or the national CMC. 116 The DEO selects the members of the DCMC to mediate a given dispute. Complaints before the district CMCs primarily result from minor violations during the campaign period, including destruction or defacing of campaign posters, insults traded between candidates, and disputes over campaign venues. Where the district CMC concludes it cannot address disputes, including major disputes between political parties, abuse of state resources, and results disputes, it refers the disputes to the national CMC. The CMCs have no power to compel parties to participate in mediation or conciliation, requiring consent from the disputants and aiming to reach a voluntary solution or settlement rather than imposing an enforceable sanction. If the complainant/respondent is not satisfied with the outcome of the mediation, the dispute can be brought to the national CMC or ECZ before further consideration by the court, although disputants do not usually take a minor violation to court. 117 Alternatively, the DEO or ECZ can present a report of the dispute and its resolution to the court if they are not satisfied with the result at the DCMC level. During the 2016 elections, the High Court refused to consider a case that had not been brought first to a CMC, 118 in line with the courts’ power to promote ADR. 119 Electoral Act, 2006 (No. 12 of 2006) § 110 (1) (Zam.): Whenever the Commission, the Director of Elections, an election officer, or any person is required under this Act to decide an objection, dispute, complaint or an appeal, the Commission or that person may attempt to resolve the issue, that is the subject of the objection, dispute, complaint or appeal, through conciliation or mediation. 113 The amendment to the Electoral Act, 2006 was drafted in 2003 and passed by the National Assembly in 2006; Jackson, R. (2013). Creating avenues to resolve election disputes: conflict management committees in Zambia, 2001 – 2011. Innovations for Successful Societies – Princeton University. https://successfulsocieties.princeton.edu/sites/successfulsocieties/files/Policy_Note_ID222.pdf 114 The Electoral Process Act, 2016 (No. 35 of 2016) § 113(3) (Zam.). 115 The DEO is a permanent employee of local government, leading some to question their impartiality and call for a broader membership of the DCMCs. 116 Electoral Commission of Zambia. Conflict Management. https://www.elections.org.zm/conflict-management/ 117 Cases that a disputant might bring to court tend to involve election administration issues such as voter registration, candidate registration, abuse of state resources, and results disputes. 118 The United Party for National Development filed a case against the Zambia National Broadcasting Corporation, which was dismissed by the High Court on July 22, 2016. See The Carter Center. (2016). The Carter Center’s experts’ mission to the Zambian presidential and parliamentary elections 2016 – Final report. https://aceproject.org/ero-en/regions/africa/ZM/zambia-final-report-limited-observationmission-to/view?set_language=en 119 See also §118(2)(d) of the Constitution of Zambia: In exercising judicial authority, the courts shall be guided by the following principles: alternative forms of dispute resolution, including traditional dispute resolution mechanisms, shall be promoted, subject to clause (3). 112 51