on radio and television to inform the people of the changes to the political and electoral
systems and remind voters of their responsibilities throughout the process.
Through these campaigns the public were also informed about the dispute resolution
process which had been put in place, and the candidates and parties were given
detailed briefings in separate sessions conducted by the Election Commission. At the
sessions each representative was reminded of his or her rights within the dispute
resolution process, including the right to appeal.
349. The EDRB should provide voter education to explain the requirements
of both substance and procedure to people who wish to exercise their right
to an effective legal remedy. People who wish to make a challenge should be
aware of the evidence required if they are to back up their arguments and
claims with sufficient factual and legal material. They should also be aware
that only the EDRB can make the actual decision on any particular case.
350. Publicity for the decisions of the EDRB and for the sessions in which they
are announced, and access to the record for anyone interested once a decision
is handed down, contribute to the transparency of the EDR system and the
transparency of electoral matters.
b) Access to complete and effective electoral justice
351. Electoral dispute resolution procedures should be accessible in terms
of time, distance and cost, and inclusive so that citizens, candidates,
political parties and political groupings can make their challenges without
discrimination based on gender or ethnic origin. It should be possible to
obtain a ruling on the merits of a dispute effectively and promptly without
unwarranted procedural prerequisites, requirements or obstacles. No one
who believes that their rights within the electoral process have been infringed
should find themselves without protection or be defenceless when their
interests recognized in electoral law are detrimentally affected by the action
of an authority or any other actor.
352. The human right to an effective remedy before an established independent
court in the light of any impairment of a person’s rights is enshrined in several
international human rights instruments and in the vast majority of the
constitutions of democratic countries. In addition, if the fundamental right
of access to electoral justice is not sufficiently guaranteed domestically in a
particular state, recourse is possible to the international bodies provided for in
the international human rights instruments and conventions to which the state
is a party, on the basis of the principles of subsidiarity and complementarity
(see paragraph 407).
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6. Principles and guarantees of EDR systems
(cont.)