Regional Exchange on Strengthening Election Dispute Resolution Systems and Practices

ODIHR and the OSCE Mission to Skopje are organizing the “Regional Exchange on Strengthening Electoral Dispute Resolution Systems and Practices” conference, to share knowledge and discuss solutions related to the topic within the process of follow-up to election recommendations in the Western Balkans region. The conference is part of the ODIHR project “Support to Electoral Reforms in the Western Balkans” funded by the European Union and the Austrian Development Agency.

Topics

The discussions will focus on existing models, legal frameworks and practices for effective hearing of electoral complaints in the Western Balkans, including recurring issues related to restrictions on legal standing, as well as timely and transparent adjudication. Specific attention will be paid to the transparency of the handling of election disputes by election commissions and the courts and accessibility of the remedies available for election disputes. The conference will also explore the grounds for lodging complaints by analysing comparative experiences related to complaints and appeals affecting election results.

In addition, participants will discuss possible ways for responsible institutions to strengthen co-operation and partnerships with civil society organizations and international organizations to enhance engagement in addressing electoral recommendations related to EDR.

Context

The OSCE participating States have recognized access to effective remedies, including legal redress, as key principles in a democratic election process. They have committed to guaranteeing an effective system of election dispute resolution (EDR) that addresses the concerns of electoral stakeholders, including voters, based on due process guarantees and within reasonable deadlines. A robust EDR system and related practices affect not only the conduct of elections, but also the overall protection of human rights, including freedoms of expression, assembly and association. The existence of election complaints, therefore, does not necessarily indicate weakness of an electoral process, and a fair and comprehensive process for resolving disputes reflects a strong commitment to the rule of law.

Over time, international election observation reports in the Western Balkans have noted progress in EDR practices. However, these reports have also identified persistent shortcomings, including how in practice some judicial remedies are non-existent, or there are undue restrictions on legal standing in electoral matters or unreasonable deadlines that do not take into consideration election particularities.

Participants

• Election management bodies
• Representatives of the judiciary
• Civil society organizations, including citizen election observation groups
• Local and international experts

Participation in this event is by invitation only.

Contact

For further information, please contact the “Support to Electoral Reforms in the Western Balkans” project team at wb-project@odihr.pl.