Box 2.1. International obligations for electoral dispute resolution Avery Davis-Roberts The International Covenant on Civil and Political Rights as well as regional treaties such as the African Charter on Human and Peoples’ Rights, the American Convention on Human Rights or the European Convention for the Protection of Human Rights and Fundamental Freedoms provide the foundation for an understanding of the principles for EDR mechanisms based on public international law. In addition, General Comments 31 and 32 of the United Nations Human Rights Committee, the Venice Commission’s Code of Good Practice in Electoral Matters, and other sources can help to add detail and definition to these principles. Although they do not explicitly address issues related to EDR mechanisms, but instead focus on broader, more general rights such as the right to an effective remedy and the right to a fair and public hearing, they can inform our understanding of dispute resolution processes. Underpinning all aspects of the electoral process must be respect for the rule of law, and the commitment of the state to take all steps necessary to ensure human rights. Of particular importance in the context of EDR are the rights to an effective remedy, to a fair and impartial hearing and to equality before the law. Everyone is entitled to an effective remedy for acts that violate their Covenant rights, including their Article 25 rights to political participation. Once granted, a remedy must be enforced. An effective remedy need not be judicial, but if it is it must provide adequate redress for the alleged violation. States must investigate alleged violations of Covenant rights and should consider administrative mechanisms, such as national human rights institutions, that can give effect to this obligation. The state must also regulate human rights violations by third parties and non-state actors. Similarly, everyone has the right to a fair and public hearing in the determination of his or her rights. In the determination of rights in a suit at law, everyone should be guaranteed access to a competent, impartial and independent tribunal in at least one stage of the proceedings. A tribunal must be independent of the executive and legislative branches of the government or enjoy judicial independence in deciding legal matters that are judicial in nature. Impartiality requires that decisions of tribunal judges do not harbour preconceptions about the particular case before them or act in ways that improperly promote the interests of one of the parties to the detriment of the other. Importantly, the tribunal must also appear to the reasonable observer to be impartial. A fair hearing is one that is expeditious, free from influence and open to the public. Public hearings ensure transparency and safeguard the public interest. All are equal before the law and before courts and tribunals, and are entitled, without discrimination, to the equal protection of the law. In addition, everyone shall have equal access to the courts free from unreasonable restrictions or discrimination, and everyone is entitled to equality of means for defending their rights. 15 2. Electoral justice and other related concepts previously established court, to the due process of law and to a public hearing in which the defence of an electoral right is guaranteed to all equally (see box 2.1).