Access to Justice and Electoral Integrity
availability, accessibility, good quality, the provision of remedies for victims
and the accountability of justice systems.”28
The right of stakeholders to access electoral justice mechanisms, under
equal conditions, regardless of the timing and type of alleged grievance
filed, must be provided by law. For instance, the centralization of courts in
the capitals and principal cities, and the money and time required access
them, can impede access to justice. Accessibility is a key element for the
rule of law and access to justice.
The right to an effective remedy is protected from various angles by
different ICCPR articles, and includes the opportunity for all interested
parties to respond and to provide evidence. ICCPR article 2.3 expressly requires that legal frameworks establish a competent judicial, administrative
or legislative body to hear alleged violations of all ICCPR-related rights.
Establishing functioning remedies well in advance of an electoral process
plays an important preventive and deterrent role.
The CCPR convenes parties to reflect on the possibility to adopt alternative
conflict resolution mechanisms, such as arbitration, conciliation or mediation, and vest them with legal effects. That is the case of Human Rights
Commissions or ombudspersons, which are particularly relevant for those
who are not entitled to present complaints before other electoral dispute
resolution bodies. Such measures fall under the electoral justice concept of
enlarging the spectrum of remedies available to stakeholders on electoral
grievances. It is important to note that these alternative mechanisms
should always count on appropriate resources to achieve results.29
17