Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
cedures and issues.245 These programs entail large-scale public outreach
to explain the powers and limitations of the complaints system, as well as
training for legal unions, human rights and other civil society organizations,
electoral management bodies (EMB), political parties, candidates, and any
other persons with standing to bring challenges and complaints.246 It is
important that the public receives comprehensible and easily accessible
information on elections generally, but particularly on the rights afforded to
them to redress election irregularities.
The stakeholders involved in the electoral complaints adjudication process
have different educational needs. Indeed, lawyers and arbiters need to
understand the whole process of the claim: the parties who have legal
standing; the required burden of proof; the possible appeals; and the sanctions and penalties. On the other hand, political parties, candidates and
electoral management bodies need to know how to file a claim, which entity has jurisdiction to handle such a claim, and what evidentiary elements
they should collect to support their claim. Understanding challenges and
complaints may also lessen the workload of the complaints adjudication
body, which will have to deal with electoral stakeholders that attempt to
avoid accountability. In the light of this variety of stakeholders and needs,
education and training programs should target individual groups, with the
overall goal of improving the general understanding of the electoral complaints adjudication process.
A. Education of the General Public
Civic and voter education can encourage citizens to participate in democratic processes.247 The United Nations Human Rights Committee has stressed
that voter education and registration campaigns are necessary to ensure
the effective exercise of the right to participation in government “by an informed community.”248 As discussed throughout this guide, public confidence is an important factor for stability, and it will give more legitimacy to
Id. § 4(1).
Afghanistan Challenges, supra note 29, at 25.
247
U.N. Development Programme, Democratic Governance Group, Bureau for Development
Policy, Civic and Voter Education: Electoral Assistance Implementation GuIde 42 (2007),
available at http://www.undp.org/governance/docs/UNDP-Electoral-Assistance-Implementation-GuIde.pdf.
248
CCPR General Comment No. 25, supra note 84, ¶ 11.
245
246
78