A PRACTITIONER’S GUIDE TO INCREASING WOMEN’S ACCESS TO ELECTORAL JUSTICE literacy can also meet with an election official who can help file a complaint. While progress is still needed in the resolution of complaints, a less resource-intensive process improves access to electoral justice. In practice, legal representation is not required during the adjudication of pre-election disputes; generally, the candidate-applicant or objectors represent themselves, limiting litigation costs. Enforcement of the Election Code of Conduct is lax. Nepal has an Election Code of Conduct, which it generally revises before each election. Chapter 4 of the Election Commission Act authorizes the ECN to adopt the code. The ECN Election Code of Conduct includes a clause that prohibits attacks on the characters of women as part of electoral campaigns: “No election campaign shall be carried out or cause to be carried out by undermining the feelings or character of women.”166 While the media has reported clear violations of the code against women candidates, grievances related to violations of the Code of Conduct are unknown. Some cases may have been filed or raised at the local level, to a returning officer or presiding officer; however, absent comprehensive data on electoral disputes, it is impossible to know whether any complaints have been filed under the Code of Conduct. Women candidates may not be familiar with the code (or know it exists) and how to bring forward violations. There is a need for political parties to train their candidates and supporters on the code of conduct. Candidates must provide self-declarations that they commit to complying fully with the Election Code of Conduct. The ECN may fine a candidate 200,000 rupees (about $1,500) or cancel a candidacy for violating the code, but did not do so during the May 2022 local elections. The Code of Conduct presents an opportunity to limit character assassination against women candidates based on an official policy. However, lack of knowledge and lax enforcement mean that the code is not effective in governing the conduct of electoral processes. In the 2022 local and general elections, the ECN began to track and address disputes. It issued warnings or fined candidates for failure to report their campaign expenses in the local elections; it also initiated actions against violators of the code in the general elections.167 The ECN recorded 175 disputes related to violations in the general elections, and approximately 130 cases were adjudicated. The consequences included warnings, fines, and referrals for prosecution. These actions by the ECN are welcome, if still insufficient. Moreover, clear guidelines to ensure consistency in the adjudication of complaints is needed to avoid perceptions of bias. Trainings on EDR for all election officials could ensure enforcement of the code of conduct and a more impartial adjudication of disputes. A strong culture of mediation in Nepal should be encouraged for pre-election disputes – but may not be appropriate for all political or electoral disputes. In 2011, Nepal adopted the Mediation Act, which details what cases can be resolved through mediation and how the process should be conducted. The act encourages women’s representation as mediators, and the Asia Foundation has been involved in long-running efforts to increase the role of women and other traditionally marginalized people 166 Election Commission of Nepal. (2016). MyRepublica. (2022, September 17). EC demands mayors of various metropolises pay Rs 700,000 each in fine for not submitting election expense details on time. In total, 123,624 candidates were fined for failing to submit election expenses. Sex-disaggregated data is not available. 167 65

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