experts in conflict management, such as attorneys, teachers and religious leaders in
the community, who are hired a few weeks before the election. They are given training
in election law and can be called on as needed. The experts use their mediation and
conciliation skills and submit reports to the EMB, on the basis of which they are paid. Their
intervention can be by telephone or through public hearings in the community, where the
parties to a dispute are heard from and a resolution is proposed. The programme has
proved effective and the number of challenges coming before the courts, and electoral
disputes in general, has diminished. There were, for example, 1113 disputes in the 1999
elections, including disputes over access for voters, candidates or political parties being
impeded by intimidation and violence, or the destruction of campaign publicity. The
number of such disputes fell to 314 in the 2000 elections and 253 in 2004.
565. AEDR mechanisms have since been widely and effectively used in most
post-conflict countries, including Afghanistan, the Democratic Republic of the
Congo, Indonesia, Malawi and Mozambique, as well as South Africa. In such
cases, there has been widespread use of methods of negotiation and arbitration
to manage electoral disputes through the assignment of adjudicative functions
and powers to civic-based structures. These had the power to arbitrate and
deliver decisions that were binding on the disputants. Such mediation and
arbitration committees were set up under the auspices of the EMB at the
national, provincial and municipal levels, served as the first ports of call on
electoral disputes and helped to alleviate pressure on the formal courts.
566. Countries such as Ghana and Botswana, which are often cited as model
democracies in Africa, use party liaison committees and other communitybased structures to assist the EMBs in promoting transparent and credible
elections through effective conflict mediation, management and resolution.
3. Permanent AEDR mechanisms that exist alongside
EDR mechanisms
a) Key steps in the AEDR process
567. In general, AEDR mechanisms may be classified as unilateral, where the will
of one of the parties in dispute is sufficient to resolve it or consider it concluded;
bilateral, when the parties involved need to be in agreement before the dispute
can be considered resolved; and those that require third-party intervention by
a party other than an organ of state. Among the first group are renunciation
or abandonment and admission or recognition. The second category involves
compromise or give-and-take between two or more parties. Three options are
available with third-party intervention: conciliation, mediation and arbitration
(see box 8.2).
185
8. Alternative EDR mechanisms
(cont.)
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