IFES Practitioner Brief on Alternative Dispute Resolution in Elections
In the absence of a clear legal mandate to adjudicate disputes, the EC proactively established Complaints Centers
to receive disputes for the first time in the 2015 elections. The composition, powers, and complaint handling
procedures of the Complaints Centers cannot be classified as EDR proceedings, but rather as an ADR mechanism.
Indeed, the Complaints Centers were used as a mechanism for election officials to engage in discussion and mediate
disputes raised by voters or parties and, when needed, to refer complaints to the courts or law enforcement.
Complainants often expected the Complaints Centers to issue decisions and impose remedies, although they lacked
the power to do so. For the 2019 election, the EC established 25 district election complaints management centers
(DECMCs) and a national complaint center at its headquarters. 150 The EC made some data available to observers,
as the EU Election Observation Mission
(EOM) noted that 3,905 complaints had been
reported. 151 The EC also developed a number
of
voter
education
materials
to
make
stakeholders aware of this ADR mechanism,
producing a flowchart, a leaflet, and videos.
These documents clearly explain the powers
of the DECMC to refer complaints to relevant
institutions or to mediate disputes. The EU
EOM report noted that complaints to the EC
and DECMCs “were responded to in various
ways,
including
through
letters
of
investigation to other state authorities, the
removal of non-permitted campaign material
and mediation in minor disputes.” In the 2019
election, the role of Complaints Centers
appears to have moved closer to that of a
conventional EDR mechanism, with the
adoption of rules stipulating the referral, but
the DECMC and the EC still lack adjudication
powers. The EU report noted a lack of followup information about the outcomes of
complaints and a lack of unified rules and
timelines in the handling of complaints. The
EU EOM recommends that the EC issue
clear, codified procedures and coordinate
recordkeeping by the various bodies involved.
150
European Union election observation mission final report: Democratic Socialist Republic of Sri Lanka – Presidential election, 16
November 2019. (2020). https://www.eods.eu/library/sl2019_final_report_24_january_2020.pdf
151
Between 8 October and 14 November, the EC received 3,905 complaints. Only 27 were related to violent incidents. The police
deployed 173 personnel for elections under the direction and control of the EC and played a prominent role in the coordination and
investigation of complaints and allegations.
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