IFES Practitioner Brief on Alternative Dispute Resolution in Elections Mexico Mexico is an example of how ADR can make the electoral justice system more inclusive for diverse and marginalized sectors of the community. ADR is used in electoral disputes in traditional Indigenous communities in Oaxaca. However, disputes in the context of Indigenous women can manifest tensions between collective and individual rights for women, and the Mexican courts have recently grappled with these issues. In Oaxaca, Mexico, the state electoral institute (IEEPCO) has introduced mediation to support the use of traditional practices by Indigenous communities in the election of their local authorities. Most of the municipalities in Oaxaca (417 out of 520) use traditional practices to elect local authorities. The practices often consist of a community assembly with voting by a show of hands or by marking a blackboard rather than in secret, and community service (tequios) can be a prerequisite for eligibility as a candidate. 204 The Mexican Constitution and international treaties, including the UN Declaration on the Rights of Indigenous Peoples, recognize the right of Indigenous communities to self-government according to their traditional customs. 205 IEEPCO has developed detailed guidelines for the mediation of such disputes, which include guiding principles to respect Indigenous traditions provided they are compatible with international human rights law, respect legal pluralism, and find inclusive and consensual lasting resolution. 206 IEEPCO plays a facilitator’s role and leads the mediation, usually with one mediator and representatives of the parties. In some cases, the full community is represented and consulted throughout the mediation. The process must be translated into the relevant Indigenous language, as needed. In such contexts, it can be difficult to strike a balance between protecting Indigenous culture and customs and protecting individual rights—in particular, women’s rights. A recent case at Mexico’s Upper Federal Electoral Tribunal concerning a dispute from an Indigenous community in Oaxaca reiterated the importance of supporting Indigenous traditions and customs, and emphasized that conciliation efforts in the community, including IEEPCO-supported mediation, should be exhausted before bringing a case to court. 207 The court also referred to the criteria in the Electoral Law and the mediation guidelines for resolving disputes. These provide that, in case of a conflict between collective and individual rights, there must be an analysis of the values protected by the Indigenous norms, and how the Indigenous culture can incorporate rights without risking the preservation of its culture. They also refer to the need for the mediator to take special measures to ensure that a gender perspective is incorporated into the process. The case was brought by several men who had been elected to positions in a community assembly in which women were not freely able to participate as voters. The community subsequently formed another assembly in which women were able to stand, and several were elected. The men argued that the second assembly should be set aside, but the court 204 Global Americans. (2017, October 19). Indigenous political representation in Mexico. https://theglobalamericans.org/2017/10/indigenous-political-representation-mexico/ 205 Article 2(A) of the Federal Mexican Constitution sets out Indigenous peoples’ right to elect their local authorities in accordance with customary norms, provided that no citizen’s rights can be limited by these traditional practices and that applicable gender parity laws are respected. The UN Declaration on the Rights of Indigenous Peoples provides for the right to self-determination and self-government at local level in Articles 3–5. See also the American Declaration on the Rights of Indigenous Peoples, Article 3, June 15, 2016, AG/RES.2888 (XLVI-O/16). (Multilateral). http://cdn7.iitc.org/wp-content/uploads/AG07150E06_web.pdf. ILO Convention 169 sets out Indigenous peoples’ right to their own customs and institutions in Articles 5 and 8. 206 Oaxaca State Electoral and Citizen Participation Institute (IEEPCO). (n.d.). Guidelines and methodology for mediation of electoral disputes in municipalities governed by customary norms (in Spanish only). https://www.ieepco.org.mx/acuerdos/2013/CG59ANEX.pdf 207 Upper Chamber of the Federal Electoral Tribunal, Filiberto Rufino Aquino and others, petition for reconsideration, SUP-REC-77/2020, pp. 33-35 (in Spanish). 73