Summary
Effective redress requires disputes to be dealt with in a timely manner.
Obligations
Election Parts
Issues
- Right to an Effective Remedy and Voter Registration
- Right to an Effective Remedy for Candidates and Parties
- 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
Criteria
- There was a clear timeline for complaints regarding voter registration that ensured that complaints were resolved prior to election day and in time for the election
- There was a timely and effective means of seeking redress for violations of rights, including regarding voter education
- 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
- There was a timely and effective means of seeking redress for violations of rights regarding candidacy and campaigning
- 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
- The state provided an effective (timely and enforceable) remedy to all citizens for violations of their rights, including in the context of voting operations
- The right to remedy was protected throughout the process
Quotes
- 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.
- 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 individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, law, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defence, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal.
- Moreover, particular rules or sets of rules should be instituted in order to expedite the settlement of disputes: a. in urgent cases b. in cases relating to an undisputed right or an established liquidated claim and in cases involving small claims.
- Appeal proceedings should be as brief as possible, in any case concerning decisions to be taken before the election. On this point, two pitfalls must be avoided: first, that appeal proceedings retard the electoral process, and second, that, due to their lack of suspensive effect, decisions on appeals which could have been taken before, are taken after the elections. In addition, decisions on the results of elections must also not take too long, especially where the political climate is tense. This means both that the time limits for appeals must be very short and that the appeal body must make its ruling as quickly as possible. Time limits must, however, be long enough to make an appeal possible, to guarantee the exercise of rights of defence and a reflected decision. A time limit of three to five days at first instance (both for lodging appeals and making rulings) seems reasonable for decisions to be taken before the elections. It is, however, permissible to grant a little more time to Supreme and Constitutional Courts for their rulings.
- The law must require that the appropriate EMB or court render a prompt decision to avoid the aggrieved party losing his/her electoral rights…The decision of the court of last resort must be issued promptly. The legal framework should provided for timely deadlines for the consideration and determination of a complaint and the communication of the decision to the complainant.
- The law must require that the appropriate election commission/body or court render a prompt decision.
- Another important element of the legislative framework is the complaints and appeals process, which must provide effective and timely remedies in the event of violations of law. Complaints concerning the election process must be dealt with equitably, transparently, and according to due process of law. Procedures and deadlines should be clearly set out in the election law. Time frames must be sufficiently short to ensure a meaningful remedy. There must be accessible and adequate facilities for filing complaints.
- The integrity of the system requires not only that such issues be dealt with by an independent and impartial authority, such as the electoral commissions or the courts, but also that decisions be reached in a timely manner, in order that the outcome of elections not be delayed.
- There must be time limits for resolving election petitions.