Electoral Conflict Management

1
Electoral Conflict Management

• Simon Osborn
• Election Support Programme Manager
• Donor Partners for Democracy and Governance
  Uganda and
• Executive Director ERIS Africa

2
A peaceful means to resolve differences?

• Elections are the means through which contestants
  can compete peacefully for the political control
  of scarce resources
• .but
• When two or more highly motivated sides compete
  against each other for, what is perceived to be,
  the total control of limited resources there is
  always the danger that competition can become
  violent

3
An African Problem?

• November 2006.. elections in the Pacific Island
  of Tonga abandoned due to widespread violence in
  the capital

• January 2007 elections in Bangladesh halted due
  to spiralling levels of violence

4
The Structure of Power

• Is the executive subject to effective
  horizontal control an independent judiciary,
  functioning parliament, a truly independent
  election management body?
• Does the electoral system and structure of power
  moderate the winner takes all nature of politics?

5
Crime and Punishment?

• The law should deter would be offenders and
  protect the innocentbut
• Election violence is increasingly commonplace
• Electoral offences and illegal practices are
  widespread and
• Law breakers seem to act with impunity

6
The Architecture

• Independent EMB, Judiciary and Investigators
• A clear hierarchy of offences listed in law and
  legally enforceable Code of Conduct
• Clear jurisdiction and enforcement
• Fair, efficient adjudication of disputes
• Effective, politically independent and trained
  investigators
• Alternative dispute resolution mechanisms
• Public education, training and partnership
• Proportionate Sanctions

7
A Hierarchy of Election Offences
8
A legally enforceable code of conduct

• Often lists the electoral offences
• Proscribes unacceptable conduct
• Defines the rights and responsibilities of
  stakeholders
• Defines the limits on government during an
  election
• Identifies how complaint can be made
• Identifies who has powers to mediate, arbitrate
  and adjudicate various breaches of the code
• Lists sanctions for breach of the code
• Provides enforcement powers for relevant
  adjudicatory authority

9
Clear Jurisdiction

• Whilst election disputes are civil disputes,
  election offences often include criminal
  offences.
• The danger of double jeopardy is apparent.
• Who has jurisdiction in the management of
  electoral conflict?
• What is the nature of the electoral conflict or
  complaint and who can best resolve it fairly and
  efficiently?

10
Investigations

• Who should investigate election related
  complaints?
• They should be trained, politically impartial and
  properly resourced
• How do the investigators relate to the EC or
  adjudicatory authority?
• What is the relationship with the ordinary police
  and security forces?
• What is the role of the DPP?

11
Alternative Dispute Resolution Systems

• Early warning systems
• Police
• Civil society
• The parties
• EC Complaints desks
• Mediation
• Inter Party Committees
• EC/Civil Society Peace Committees
• Arbitration
• Is it binding?
• Who arbitrates?

12
Fair and Efficient Resolution of Disputes

• Natural law the right to a fair hearing
• Written, fair and easy to understand procedures
• Standards of evidence
• Witness vs. affidavit evidence
• Case management
• Resources for tribunal/EC or Court
• Hearings in vicinity of event
• Hierarchy of tribunals local and national

13
Sanctions and Enforcement

• Sanctions should be clearly prescribed in the law
  and legally enforceable code
• Sanctions should be proportionate and meaningful
• The adjudicatory authority should be allowed
  limited discretion
• The adjudicatory authority should have full power
  of enforcement

14
Education, Awareness Training
15
Conflict Resolution Decision Tree
16
What are the desirable outcomes?

• Deterring would be offenders
• Fairness efficiency in adjudication
• Protecting supporting victims
• Reducing over time the frequency of electoral
  conflict
• Establishing rational/legal processess
  strengthening the rule of law.