Summary
Remedy should be available for complaints arising throughout the electoral process.
Obligations
Election Parts
Issues
- Right to an Effective Remedy and Voter Registration
- Right to an Effective Remedy for Electoral Management Body Actions
- Right to an Effective Remedy and Voter Education
- Right to an Effective Remedy and Vote Counting and Tabulation
- The Right to an Effective Remedy, Including Challenging Election Results
- Right to an Effective Remedy and the Media
- Right to an Effective Remedy and Voting Operations
- Right to an Effective Remedy
Criteria
- There was a timely and effective means of seeking redress for violations of rights, including regarding voter education
- The right to challenge the election results was guaranteed by law
- The legal framework provided citizens with an effective (timely and enforceable) remedy throughout the electoral process
- An effective (timely and enforceable) remedy was available for all violations of their fundamental rights
- A system to file complaints related to the media was available for all citizens
- An effective and timely remedy was available for all citizens for violations of their rights throughout the electoral process
- There was an effective means of seeking redress for violations concerning boundary delimitation and the electoral system
- The state provided an effective (timely and enforceable) remedy to all citizens for violations of their rights, including in the context of voting operations
- An effective remedy was available for all citizens for violations of their rights during the voter registration process
Quotes
- Adequate arrangements shall be made to hear and dispose of all petitions relating to the conduct of elections and announcement of results.
- State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: 2. Establish and strengthen national mechanisms that redress election related disputes in a timely manner.
- Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others: ...g. The right to simple and prompt recourse to a competent court for protection against acts that violate her rights.
- Disputes relating to the electoral registers, which are the responsibility, for example, of the local administration operating under the supervision of or in co-operation with the electoral commissions, can be dealt with by courts of first instance.
- ...different types of complaint that will inevitably arise. These might include refusal of the right to stand as a candidate or to vote, attempts to suppress voter turnout, alleged misinterpretation of the electoral laws or procedures, alleged violations of the criminal law, disputes regarding the accuracy of the count, or claims that the cumulative effect of such irregularities is so extensive as to invalidate the elections. Generally, what is at issue is either the validity of the result, or the penalization of those who have violated electoral laws. The right to a remedy for violation of human rights is itself a human right, while sanctions against those who infringe the provisions of the electoral law are implicitly required in any effective system of implementation.
- The electoral law should provide a mechanism for the invalidation of election results. In both parliamentary and presidential elections, the decision to partially or fully invalidate election results should be assigned to the highest electoral body. This decision should be reviewable by the highest body of the judiciary or the Constitutional Court.
- The appeal body in electoral matters should be either an electoral commission or a court. For elections to Parliament, an appeal to Parliament may be provided for in first instance. In any case, final appeal to a court must be possible.