59. For a legal framework to be appropriate, the EJS needs to be designed
in simple, clear and consistent terms that make it easy to understand and
ensure complete and effective access to electoral justice. It should guarantee
to any person who believes her/his electoral rights have been infringed the
opportunity to go before an independent and impartial EDRB which will
provide an effective and timely remedy to protect or restore the enjoyment
of those rights. The awareness of this possibility helps to build trust in the
EDRS and helps to prevent disputes from arising.
3. Development of a political culture and civic education
60. The external element that contributes most to preventing electoral disputes
is the development of political culture and civic education, with an emphasis
on the importance of effective adherence to democratic principles and values.
These principles include strict respect for the rule of law and human rights and
the peaceful settlement of disputes using institutional channels. The values
include participation, pluralism, tolerance, cooperation, stability, social peace
and strengthening the public institutional framework.
61. In societies where cultural attitudes facilitate the installation or maintenance
of authoritarian regimes, electoral conflicts arise more frequently. In between
a democratic and an authoritarian society it is possible to identify a range of
types, such as a democracy with authoritarian elements or an authoritarian
regime with democratic elements. Where the law is not ordinarily observed
without the need of proactive enforcement and breaches of the law are not
always subject to social disapproval, it is more difficult to establish an effective
and efficient EJS. In this sense, electoral justice systems that are similar in
their legal framework and institutional design may function quite differently in
practice given their different political cultures and historical contexts.
62. What is important to take into account is the need to promote a political
culture and strict respect for the democratic rule of law and electoral human
rights, as well as the different democratic values, in order to prevent electoral
disputes. The development of a political culture based on democratic
principles and values is the responsibility not only of political leaders but of
every citizen as well. Certainly, government institutions and the mass media
play a crucial role.
25
3. Prevention of electoral disputes
on the part of the political protagonists to respect the resulting rules and to
use institutional channels to resolve possible disputes in the reform process.
While majority rule is the basis of the democratic principle, in the case of
electoral rules in particular it is fundamental that the rights of minorities are
respected, that the majority is not given undue advantage, and that conditions
and assurances are put in place to enable any minority to become the majority
on a future occasion.