IFES Practitioner Brief on Alternative Dispute Resolution in Elections • Myanmar: Election Mediation Committees established by the EMB mediate local disputes in elections. 43 • Zambia: EMB-constituted Conflict Management Committees at the national and district levels mediate and resolve electoral disputes. 44 • Sri Lanka: Complaints Centers established by the Election Commission mediate disputes and refer disputes to relevant adjudicating authorities. 45 • Botswana: Dispute Resolution Committees established by the Code of Conduct serve as a preliminary step before a dispute moves to court. 46 Also uses a conciliation form of ADR. 47 • Tanzania: The EMB sets up an Ethics Committee in each district and at the central level, composed of returning officers and election officials as well as party representatives and government officials. • Oaxaca, Mexico: The EMB establishes local mediation committees to resolve disputes at local council elections governed by indigenous customs. • Malawi: The EMB establishes the National Elections Consultative Forum and Multiparty Liaison Committees to mediate disputes over the electoral process. 48 • United States: The Federal Election Commission offers mediation to the parties involved as a first step to the resolution of election disputes. 49 • Sierra Leone: District Monitoring Committees, which operate under the Political Parties Registration Commission (PPRC), address political party disputes at the local level to defuse tensions before they came to formal complaints regarding campaign spending. 50 Political party liaison committee led by the EMB This is a common model. These committees are established to increase communication between parties and EMBs. They are consultative so, while they can make recommendations and work to resolve problems, the final decision-making power rests with the EMB. While their exact form varies depending on the country, party liaison committees can utilize mediation and arbitration to resolve conflicts, or they may simply offer a forum for discussion. The wide variety of implementation models also affects the range of possible resolutions. The Carter Center. (2016). Observing Myanmar’s 2015 general elections final report, p. 66. https://www.cartercenter.org/resources/pdfs/news/peace_publications/election_reports/myanmar-2015-final.pdf. 44 The Electoral Process Act No. 35 (2016) GOVERNMENT GAZETTE (SI) § 113 (Zam.); European Union election observation mission final report: Republic of Zambia – General elections and referendum 2016. (n.d.) European Union Database on Election Missions, pp.30–31. https://ec.europa.eu/info/strategy/relations-non-eu-countries/types-relations-and-partnerships/election-observation/missionrecommendations-repository/missions/ 45 Mohan, V. (2015). Sri Lankan electoral commissioner Mahinda Deshapriya sets the bar high. IFES. https://www.ifes.org/news/sri-lankanelectoral-commissioner-mahinda-deshapriya-sets-bar-high. 46 Electoral Institute for Sustainable Democracy in Africa. (2010). EISA technical assessment team report Botswana - Parliamentary and local government elections 2009: EISA election observer mission report, No. 35, pp. 2–22. http://aceproject.org/electoraladvice/dop/?keywords=&country=Botswana&organization=&year=&election=&mission=&report= 47 Ibid. 48 See the Malawi case study in the annex. 49 See the United States case study in the annex and Federal Election Commission Guidance on how to file a complaint at https://www.fec.gov/legal-resources/enforcement/complaints-process/how-to-file-complaint-with-fec/ 50 “District level PPRCs operated in most of the districts (not the new ones). In some cases, they played an important role in mediating.” European Union election observation mission final report: Republic of Sierra Leone - Presidential, parliamentary and local council elections 2018. (2018). Election Observation and Democracy Support. https://www.eods.eu/library/eu_eom_sl_2018_final_report_4.pdf 43 21