Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
not accept complaints from international observers. The inherent distrust
in many countries of outsiders participating in a domestic election necessitates that international observers should be non-participants in the election complaint adjudication process. They should refrain from meeting
with the judges or arbiters involved in the adjudication of complaints or
from filing complaints. However, in the course of investigation and adjudication, an election complaint adjudication body should be permitted
to hear evidence from any available witnesses, including international observers, and organizations that sponsor observation missions should have
their observers appear voluntarily before the body if requested.
Civic and voter education of the electorate, political parties, EMB officials,
and observers is crucial to ensure a clear understanding of the electoral
complaints adjudication process. Without such efforts, the system of complaint adjudication is liable to be poorly understood, underused, subject to
targeted misinformation, and ineffective in fulfilling its stated purpose.
International Standards:
Concluding Themes
The seven international standards discussed in this chapter have been
subject to broad application and detailed interpretation in both international and domestic courts. As the body of judicial case law on electoral
complaints grows, these principles will become more refined, useful, and
consistently applied. It will be a greater challenge to ensure, however, that
these complaint adjudication principles work in emerging democracies.
The remaining chapters will outline specific programming experiences of
election law practitioners who have experience in establishing, improving,
or perfecting a system of complaint adjudication rooted in these standards.
In its report on the 2007 presidential elections in Kenya, the Kriegler Commission noted that: “Electoral dispute adjudication requires flexibility and
pragmatism, an eye to the political exigencies, sometimes even at the
cost of strict legalism.”327 This quote illustrates the basic challenges in
adopting a practical approach to complaints adjudication. In the remaining
chapters of this guide, IFES experts will examine the application of these
327
Kriegler Commission Report, supra note 3, at 142.
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