Chapter 1: International Standards
tuted, which authority appoints or nominates its members, and how to file
a claim. Because there are a wide variety of mechanisms to adjudicate
electoral complaints in place around the world, each country should provide its citizens with the necessary information to understand and access
its unique adjudication system.
Moreover, transparency requires that electoral complaint bodies update
plaintiffs about the status of a claim, including providing notice for upcoming hearings or decisions.32 A right to redress encompasses a right to due
process, and basic information such as notice is essential to that process.
Unfortunately this is not always easily applicable, but when there are serious irregularities, the adjudication body should schedule a hearing and
enable the claimants to be fully informed of the status of their complaints.
A transparent right of redress calls for active participation on the part of
the state to ensure that plaintiffs are successful when their claims have
merits. This requires that states make available any relevant documents
or materials needed to support petitions to electoral tribunals.33 In practical terms, such documents may include election laws, voter rolls, precinct canvasses, filing procedures, the status of the claim, or procedural
guidelines utilized by election officials. For example, in Pakistan, the Election Commission (ECP) distributed an Election Dispute Resolution Handbook to Provincial Assembly resource centers and directly to members
of the National Assembly and Senate.34 Moreover, the ECP published on
its website downloadable forms and daily report updates on complaints
adjudication, including lists of the total number of complaints received at
the Federal Secretariat, broken out by province and complaint nature, and
International Crisis Group, Asia Report No. 101, Afghanistan Elections: Endgame or New
Beginning?, at iii (2005) (recommending “publicising electoral offenses and candidate eligibility criteria along with the standard of evIdence needed for such complaints to succeed,
and issuing regular updates on the status of such complaints”), available at http://www.
crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/101_afghanistan_elections_endgame_or_new_beginning.ashx. The National Electoral Commission (Liberia) provIdes in
its regulation on complaints and appeals that it shall inform the complaint and the affected
parties if a hearing on the evIdence is required. National Electoral Commission, Regulation
on Complaints and Appeals 9 (2005), available at http://www.aceproject.org/ero-en/topics/
vote-counting/Liberia_Regulations percent20on percent20Complaints percent20and percent20Appeals percent202005.pdf.
33
Afghanistan Challenges, supra note 29, at 25.
34
Chad Vickery, IFES, Pakistan: Post-Election Community-Based Mediation and Adjudication
Program 9, 13, 16 (2009), available at http://www.ifes.org/publication/bf80e511e7130f75f4cfcc90d6eb87e3/IFES_PakistanFinalReportNarrative.pdf.
32
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