576. AEDR mechanisms, with their more informal nature, offer advantages
that can add immense value to efforts to foster electoral justice. These include:
•
•
•
•
easier, faster and more cost-effective access to justice;
a less threatening environment for the disputants;
the possibility of win-win outcomes for all disputants; and
the opportunity to circumvent the problems of discredited EDR
mechanisms.
577. AEDR mechanisms also have some weaknesses. In particular, they are
ineffectual in the presence of an extreme power imbalance between disputants,
that is, at balancing the interests of a weak disputant with those of a stronger
disputant, and may not work when one party is uncooperative – especially in
a multiparty dispute.
b) Countries with extensive experience of permanent AEDR
mechanisms
578. Alternative EDR mechanisms are not sufficiently developed, and there
have been few studies of their effectiveness. However, many countries have
some form of AEDR mechanisms: Afghanistan, related to local electoral
bodies; Cambodia (see box 8.4); Ethiopia; Kenya; Lesotho; Malawi; Mexico,
for certain local elections in indigenous or ethnic communities under the
system of custom and practice; Samoa; South Africa; and Uganda.
Box 8.4. AEDR in Cambodia
Denis Truesdell
The official EDR institutions in Cambodia include the National Election Commission
(NEC) and the Constitutional Council. The NEC is responsible for deciding all complaints
and appeals through the holding of public hearings, except for cases that fall under
the jurisdiction of the judiciary. Electoral disputes are addressed at the level where
they occur, starting with polling station officials, the Commune Election Commission
(CEC) and the Provincial Election Commission (PEC). Appeals can be made against all
decisions taken by these commissions on electoral complaints at the next level above,
up to the NEC and ultimately to the Constitutional Council.
Electoral disputes are therefore dealt with within electoral structures, outside the
formal justice/court system which is out of the reach of the vast majority of the
population, as well as being distrusted and associated with criminal matters. As a
result, most Cambodians are accustomed to calling on local authorities, village chiefs,
village elders and leaders of ethnic minorities, who make up informal bodies to arbitrate
day-to-day disputes. However, there is no legal framework to guarantee people’s rights,
nor is there a definitive settlement when these informal mechanisms are employed
for dispute resolution. These actors are not empowered to settle disputes in a judicial
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