CIAO DATE: 04/2011
January 2010
Electoral rights are based on fundamental human rights, namely the civil and political freedoms of opinion, expression, association, and peaceful assembly that are solidly established on a global and regional basis under numerous international conventions. The right to enjoy free and fair elections also derives from the right to participate in governance, both directly and through representatives, which is also established through these instruments. Finally, the treaties also require protection of electoral as well as other human rights through an effective system of appeal. The importance of electoral dispute resolution is often underappreciated, since the electoral complaint and appeal process is governed by technical, legal rules. The applicable rules are specific to each state, and there are no agreed models for electoral dispute resolution on the international level. Due to the variety of comparative experience in this area, even proposed standards and best practices are somewhat general in nature. Failure to create and implement effective mechanisms to resolve electoral appeals can seriously undermine the legitimacy of an entire electoral process. At the same time, there are often numerous impediments to effective dispute resolution, including incomplete, vague, inconsistent, duplicative, or overly complex rules and procedures; weak or insufficiently autonomous electoral and judicial institutions; lack of training; and political or other interference.
Resource link: Guide to Electoral Dispute Resolution [PDF] - 840K