IFES Practitioner Brief on Alternative Dispute Resolution in Elections
noted “with satisfaction the efforts made by the ECZ to defuse tensions by using the Conflict Management
Committees…to resolve political party violence...” 132 However, the 2016 EU EOM also pointed out that “their
performance and effectiveness greatly varied,” and they had “limited transparency.” 133 The Carter Center Report on
the 2016 elections noted the lack of transparency, in that CMC decisions were not published and their hearings were
not public. 134
To date, the perception of the CMCs’ impact remains mixed, and donor support is relatively low. The CMCs are seen
as a low-profile local activity, in contrast to high-profile, high-tech activities like electronic results transmission that
feature in many electoral support projects. The DCMCs face several challenges, including reporting, which is key to
transparency. Data on the number of disputes filed, handled by CMCs, and resolved, or filed in the courts, is difficult
to obtain. This information is typically received by the ECZ after the election period and not while the campaign period
is ongoing, 135 indicating a significant gap in reporting among DCMCs, and possibly poor coordination and
recordkeeping at the ECZ.
Accessibility of DCMCs remains a challenge, primarily due to geographic distance for people in rural areas. The size
of some districts makes it difficult to travel to the district center to file complaints and attend mediation sessions. As
a result, many cases are not brought before the committees. The volume of complaints received by the DCMCs also
has implications for their funding, with districts that receive fewer complaints receiving less funding, and then being
mandated to meet only once or twice to hear disputes. The relocation or transfer of committee members at the rural
DCMC level to other areas also leads to weakened efficiency and the need for further training. The size of some
districts presents a challenge by overwhelming the DCMCs and limiting their capacity to effectively address all the
disputes brought before them. For example, Lusaka’s over 3 million people, 33 wards, and seven outside
constituencies leave the Lusaka CMC unable to deal with the volume and complexity of electoral disputes
effectively. 136 While challenges remain, these committees have had a positive impact in reducing conflict and
tensions.
Myanmar
Myanmar presents an example of the importance of establishing rules and providing training for election officials on
mediation techniques and education for stakeholders. These elements ensure that there is a defined and consistent
process and practice. Myanmar’s experience in 2020 also shows the importance of reporting and communicating on
the ADR process to enhance public trust with the Union Election Commission (UEC) and the entire election process.
The unconstitutional and illegal actions of the military in the post-election period irrefutably tainted the 2020 election
process and the perception of EDR and ADR mechanisms. While these ADR mechanisms could not have prevented
132
EISA election observer mission to the 11 August 2016 general elections and referendum in the Republic of Zambia - Preliminary
Statement. (2016, August 13). https://www.eisa.org/pdf/zam2016eom0.pdf
European Union election observation mission final report: Republic of Zambia – General elections and referendum 11 August 2016.
(2016). https://www.eods.eu/library/final_report_eu_eom_zambia.pdf
134
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-observation-mission-to/view?set_language=en
135
United Nations Development Programme Zambia. (n.d.). Consolidation of the Electoral Process in Zambia: Support to the 2015–2017
Electoral Cycle - Project Document. https://info.undp.org/docs/pdc/Documents/ZMB/Final%20Draft%20Prodoc18_06.doc
136
Chasulwa, P. An evaluation of the effectiveness of conflict management committees (CMCs) in the management of electoral conflicts
in Zambia. The International Journal of Multi-Disciplinary Research. http://www.multiresearch.net/cms/publications/CFP8882018.pdf
133
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