Resolution of Election Conflicts: General Principles

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Resolution of Election Conflicts General
Principles Good Practices

• By Denis K. Kadima
• Electoral Institute of Southern Africa (EISA)

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Introduction

• Election Dispute versus Election Conflict
• Causes of conflict scarcity of resources,
  identity, structural imbalances, ambiguity (about
  rule of game), differing goals, unequal access to
  information, interpersonal relations,
  competition, etc.
• Factors weak administration, non-unified army
  police, ethnic religious cleavages

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Formal and informal approaches to conflict
resolution

• Mature democracies use essentially the judicial
  and administrative (formal) approach involving
  courts EMB
• Conflict prone plural societies tend to combine
  formal informal approaches

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Judiciary approach

• Challenges not perceived as independent from
  executive/ruling party, difficult to access
  (expensive and mainly urban-based), complex and
  long procedures, corruption, etc
• Advantages where judges are independent,
  respected and well trained, this approach can be
  very effective

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The EMB approach

• Complaints appeals are mostly directed to the
  EMB
• Challenges accusation against EMBs lack of
  independence, partisanship toothless-ness in
  relation to the enforcement of law and
  resolutions
• Advantages very efficient and effective where
  EMB is trusted and respected

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Alternative Mechanisms for the Resolution of
Election Conflict

• Conflict Mediation Panels community-based
  approach involving parties and CSOs under EMBs
  coordination (see the EISA Model applied in South
  Africa, DRC, Lesotho and Zambia)
• Party Liaison Committees inclusiveness and
  transparency (prevention and resolution)
• Code of Conduct problem of enforcement

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Other Approaches Pre-empting and Resolving
Conflict

• Constitution law making devolution of powers
  (i.e. decentralisation, federalism), electoral
  system engineering and reform, political party
  regulations, etc
• Technical support to the IEC and courts
• High level political mediation (i.e. SADC, AU,
  ECOWAS, international community)

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General Principles Standards (1)

• Existence of complaint / appeal mechanisms
• Accessibility
• Promptness of proceedings
• Transparency of procedure
• Unambiguousness of procedure

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General Principles Standards (2)

• Impartiality, fairness and independence of the
  body in charge of resolving the conflict
• Sanctions their application / enforcement
• Acceptability of complaints to be time-bound
• Where necessary, consensus building to be sought
  

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END