Does the EDR system in your
country provide effective
remedies for electoral
violations and crimes?
8
6
4
2
0
Yes
No
Sometimes
Are remedies for electoral
problems and violations set out
clearly in the legal framework in
your country?
8
The law in most countries, regardless of the level of
democratic development, establishes a right to seek a
remedy for violations of electoral rights, but the legal and
regulatory framework articulating that right may be weak or
incomplete, and the effectiveness of the actual process may
require closer scrutiny. In an effort to collect further data on
the provision of effective remedies for electoral problems
and violations, the authors conducted a brief survey of
electoral experts in ten countries around the world to learn
more about the election dispute resolution (EDR) system in
country and its practical application.17 Respondents provided
insights on EDR systems in Myanmar, Pakistan, Indonesia,
Kyrgyzstan, Ukraine, Georgia, Guatemala, Kenya, Burkina
Faso, and Cote d’Ivoire. Six out of ten countries were
assessed by election experts as sometimes providing
effective remedies for electoral violations and crimes, while
the rest were not considered to provide effective remedies.
Despite this serious weakness, seven respondents
indicated that the system in their country did have remedies
4
for electoral problems or violations clearly set out in the
regulatory framework. Only the respondents from Myanmar,
2
Guatemala, and Ukraine said that this is not the case. For
0
Ukraine, the expert noted: “administrative fines for many
Yes
No
election-related violations are too small to be considered
effective, proportionate and dissuasive sanctions. . . .For
certain violations of the election laws, such as distribution of goods and services to voters in
relation to election campaigning, no sanctions are provided at all.”18 For Myanmar, the expert
observed “for election violations committed during the campaign period or on Election Day, there
is no provision in the law regulating this process and no timely remedy.”19 Even in those countries
where remedies were provided in the law, challenges were obvious in applying the remedies. In
Pakistan for example, while remedies are set out in the law, the application of these remedies is
considered poor, due to “a weak implementation mechanism”20 and a failure of tribunals to take
timely action.
6
While international law clearly defines the right to a meaningful remedy as essential to
the protection of fundamental political rights, in practice, the provision of effective remedies to
electoral irregularities or violations remains a widespread challenge. It is important to note that
this is not simply an academic challenge. Election stakeholders worldwide are becoming
increasingly litigious, but many countries with evolving EDR systems (particularly those in
developing democracies) cannot keep pace with the demand; the total number of complaints
received generally far exceeds the number that are actually heard and resolved. Many cases may
17
Internal IFES field office survey, February, 2016. Countries surveyed represent aid recipient countries at different
levels of development, with locally identified electoral expertise, and capacity to respond to the questions in the
survey.
18 Id.
19 Id.
20 Id.