208. Various factors affect the credibility of electoral commissions. Among
these special mention should be made of the system for selecting and appointing
their members, as well as the procedures for determining liability and ensuring
accountability that must be addressed in line with the law. These are analysed
in chapter 6 of this Handbook. One effective approach may be to combine an
independent EMB with an EDRS entrusted to an independent judicial body,
in which challenges begin at the administrative level but parties who are not
satisfied with a ruling can challenge it before an independent judicial organ.
Several recent electoral legal frameworks have adopted this type of EDRS in
an effort to resolve a large number of challenges at the administrative level
by binding and enforceable decisions, thereby reducing the need to involve
a judicial body. Although it might be considered optimal for such a judicial
organ to be a specialized electoral court, as is the case in several countries,
such an alternative could hardly be considered viable in many democracies
for financial reasons.
d) EDR systems entrusted to an ad hoc body
209. Finally, some EDR systems involve an ad hoc body derived from a
provisional or transitional arrangement. This might be an institutional
solution, often sponsored by international organizations, in order to guarantee
the holding of a free, fair and genuine election according to the legal
framework following serious conflict in a country, as in Cambodia in 1993,
Bosnia and Herzegovina in 1996 or Nepal in 2008. The important feature
of this type of EDR system is that the mechanism for resolving electoral
disputes is provisional in nature: it may be used for a specific election or
perhaps more than one, but it is a transitional measure until a permanent
EDR system is established.
i) An ad hoc body created with international involvement
210. This type of EDR system derives from the creation of an ad hoc body
for the resolution of challenges to the conduct and results of an election.
This ad hoc body may be the same as the ad hoc body which organizes
the election itself, but need not be so. It is a solution sponsored by the
international community through one or more international organizations,
such as the United Nations, the Organization for Security and Co-operation
in Europe (OSCE) or the Organization of American States (OAS), as part
of the process of post-conflict transition. The ad hoc body often includes
members designated by an international organization. Its purpose is to
ensure that a free, fair and genuine election is held from which no group
or sector is excluded. Such bodies contributed to elections in Cambodia
in 1993, Bosnia and Herzegovina in 1996, Timor-Leste in 2001, and
Afghanistan in 2005.
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