IFES Practitioner Brief on Alternative Dispute Resolution in Elections
Electoral Tribunal, or TSE) and a memorandum of understanding with political parties. 187 On Election Day, the PGR
deploys trained mediators to every department of the country to mediate between individuals, political parties, and
polling station staff. In 2021, the PGR deployed 172 mediators to 99 voting centers and resolved 532 cases, many of
them concerning problems with voter identification, voter registration, and conflicts between parties (including those
related to voter intimidation). 188 The PGR mediators explain Election Day procedures to voters and other
stakeholders, and they provide a space for dialogue to find immediate solutions to problems. The PGR also deploys
a team to the counting center for 15 days, where they work to ensure that information is shared and that all
stakeholders understand the process. In 2021 the PGR introduced an app to enable information about the cases they
were mediating to be made public, in the interests of transparency. 189
Although referred to as “mediation,” this initiative goes beyond what is usually understood by that term as it includes
the provision of on-the-spot, accurate information to all stakeholders about voting and counting procedures. This can
be enough to clear up misunderstandings and resolve some problems, thereby averting conflict and reducing the
burden of complaints that the TSE would otherwise need to deal with. The fact that the PGR mediators are from a
separate institution and are not TSE staff can also help them serve a third-party role in brokering discussion and
dialogue. The reach of this initiative is relatively small (covering 99 out of 1,595 voting centers); with more funding, it
could be expanded to include campaign disputes as well as greater geographical coverage.
Guatemala
This case study shows how a targeted ADR-type initiative led by the EMB (here, specifically for security issues) and
good inter-institutional coordination can be valuable resources to prevent conflict and fight impunity in elections.
During several recent elections, the EMB (the Supreme Electoral Tribunal, or TSE) has led the Inter-Institutional
Technical Working Group on Election Security. The working group brings together various public bodies to monitor,
map, prevent, and resolve electoral conflicts. 190 It covers the close of voter registration, candidate registration, and
materials delivery, as well as voting and counting. Trained TSE inspectors at the national, departmental, and
municipal levels take on a coordination role in the working group together, with TSE structures at all levels, the police,
prosecutors, security forces, and other government agencies. Together they monitor and map the risks of electoral
conflicts using information from their on-the-ground presence, media monitoring, and tracking where violations of the
electoral law are alleged to have taken place. In 2019, an app was launched, allowing members of the public to report
violations to the working groups, including unlawful campaign materials. The majority of the cases are localized
community disputes between rival parties and their supporters.
El Salvador Attorney General’s Office, Report on Election Day 2018 (in Spanish). TSE and PGR sign a cooperation agreement on the
mediation of electoral conflicts (in Spanish) [Video]. (2018, March), YouTube.
188
Procuraduría General de la República. (2021, March 10). Jornada de Mediación exitosa de la PGR [Video]. Facebook.
https://web.facebook.com/watch/?v=3917263591655110
189
Amaya, L.F. (2021, February 19). PGR launches an app to record conflicts in the 2021 elections [in Spanish]. La Prensa Gráfica.
https://www.laprensagrafica.com/elsalvador/PGR-lanza-app-para--registrar-conflictos-en-elecciones-2021-20210218-0115.html
190
Memoria de Elecciones Generales 2019. (2019). Tribunal Supremo Electoral Guatemala.
https://www.tse.org.gt/images/memoriaselec/me2019.pdf
187
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